Page:United States Statutes at Large Volume 108 Part 5.djvu/881

 PUBLIC LAW 103-426—OCT. 31, 1994 108 STAT. 4371 Public Law 103-426 103d Congress An Act To authorize the Secretary of the Interior to negotiate agreements for the use Oct. 31, 1994 of Outer Continental Shelf sand, gravel, and shell resoiirces. [H.R. 3678] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AMENDMENTS. (a) SECTION 8 AMENDMENTS.— Section 8(k) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(k)) is amended— (1) by inserting "(1)" after "(k)"; and (2) by adding at the end the following new paragraph: "(2)(A) Notwithstanding paragraph (1), the Secretary may negotiate with any person an agreement for the use of Outer Continental Shelf sand, gravel and shell resources— "(i) for use in a program of, or project for, shore protection, beach restoration, or coastal wetlands restoration undertaken by a Federal, State, or local government agency; or "(ii) for use in a construction project, other than a project described in clause (i), that is funded in whole or in part by or authorized by the Federal Government. "(B) In carrying out a negotiation under this paragraph, the Secretary may assess a fee based on an assessment of the value of the resources and the public interest served by promoting development of the resources. No fee shall be assessed directly or indirectly under this subparagraph against an agency of the Federal Government. "(C) The Secretary may, through this paragraph and in consultation with the Secretary of Commerce, seek to facilitate projects in the coastal zone, as such term is defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453), that promote the policy set forth in section 303 of that Act (16 U.S.C. 1452). "(D) Any Federal agency which proposes to make use of sand, gravel and shell resources subject to the provisions of this Act shall enter into a Memorandum of Agreement with the Secretary concerning the potential use of those resources. The Secretary shall notify the Committee on Merchant Marine and Fisheries and the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on any proposed project for the use of those resources prior to the use of those resources.". (b) SECTION 20 AMENDMENTS.— Section 20(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1346(a)) is amended— (1) in paragraph (1)—

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