Res 49-96 RESOLUTION NO. 49-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, IN SUPPORT OF S. 1181 AND
H.R. 3551, TITLED "THE SHORE PROTECTION ACT OF
1996"; URGING THE BILLS' QUICK PASSAGE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in early 1995, the Clinton Administration
proposed and implemented a policy which withdrew federal
financial participation in most shore protection, beach
restoration, and beach nourishment projects, including those in
Delray Beach; and
WHEREAS, also in 1995, a big majority of coastal cities
and counties in Florida adopted formal resolutions which opposed
the policy and which recommended continuance of federal
participation in shore and beach projects; and
WHEREAS, the facts and figures show that very
substantial travel, tourism, recreational, and storm protection
benefits accrue to the United States from the relatively modest
federal investments in shore protection and beach nourishment;
and
WHEREAS, state and local governments should not have to
bear the entire burden of protecting and maintaining the nation's
beach infrastructure; and
WHEREAS, during late May, 1996, "The Shore Protection
Act of 1996" was introduced in the U.S. Senate (S. 1811) and
House of Representatives (H.R. 3551) by bipartisan House and
Senate coastal coalitions; and
WHEREAS, "The Shore Protection Act of 1996" reaffirms
the federal interest in protecting the nation's shores, including
maintaining its beaches, and provides for the consideration of
the full range of local, regional, and national economic benefits
from shore protection projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: That the City of Delray Beach, Florida,
fully supports the provisions of S. 1811 and H.R. 3551, known as
"The Shore Protection Act of 1996"
Section 2: That the City of Delray Beach urges
Florida's federal legislators join in co-sponsoring the bill, and
that the bill be passed quickly into law.
Section 3: That the City Clerk is hereby directed to
furnish a copy of this Resolution to appropriate members of the
U.S. Senate and House of Representatives, to the Clinton
Administration, and to the Governor of Florida.
Section 4: That this resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this 18th day
of June, 1996.
ATTEST:
City Clerk / !
-2- Res. No. 49-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 18, 1996
RESOLUTION NO. 49-96 SUPPORTING THE SHORE PROTSCTION ACT OF 1996
DATE: JUNE 12, 1996
This is before the Commission to adopt Resolution No. 49-96 which supports
"The Shore Protection Act of 1996" and urges Florida's federal legislators
to join in co-sponsoring the bill and move it quickly toward passage. We
received a request to support this legislation from the Florida Shore and
Beach Preservation Association. A summary is included in the background
material.
Recommend approval of B~solution No. 49-96 in support of S. 1811 and H.R.
3551 entitled "The Shore Protection Act of 1996"
ref: agmemo9
%,,,... s% :
June 3, 1996 '~'%
MEMORANDUM
TO: City Managers/County Administrators
FROM:
RE: Draft resolution in support of The Shore Protection Act of 1996
FSBPA is urging your commission to adopt a resolution in support of The Shore
Protection Act of 1996, which w, as introduced recently by both houses of
Congress.
As you are probably aware, in 1995 the White House initiated a policy which
withdrew federal financial participation from most beach restoration and
renourishment projects. As a result, many worthwhile and necessary projects have
been put on hold indefinitely.
The Shore Protection Act of 1996 will bring the federal government back into the
process in a common-sense manner. Enactment of this legislation is critically
important to Florida.
Enclosed is a summary of the act and a sample resolution in support.
S. 1811 was introduced in the Senate by Senators Connie Mack of Florida and
Bill Bradley of New Jersey.
H.R. 3551 was introduced by Rep. Clay Shaw (R-FL) and five other
Congressmen.
Should your comn~,ission pass a resolution in support of the Shore Protection Act,
please send us a copy. :'
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SUMMARY OF THE SHO~ PROTECTION ACT OF 1996
1. The A~ini~ation has proposed an end to the Federal role in shore protection projects. These projects
rebuild beaches so ~ey c~ provide storm pro~ection to prope~y, much as Federally-~ded flood control
projects protect prope~y from non-coastal Storm dmage. Shore protection projects ~e cooperative
involving State ~d local governments, with the Federal gove~ent paying m least half of ~e co~t of
reconstructing ~e beach. Only beache~ with ~ufficient public access and where the benefit~ exceed the cost of
· e reconstruction ~e eligible for Federal tin~cial assistmme. The project must be au~orized by Congress to
receive Federal ~ds ~om the budget of the ~y Co~s of Engineer~, which ~so provides technical
assismee.
2, The Shore Protection Act makes it clear that one of the missions of the Army Corps is to promote shore
protection projects that encourage the prometion, restoration, and enhancement of sandy beaches. Aid to
eligible projects comes in the form of constmotion, which involves thedesign of a stabilized beach, the
placement of Sand on the beach, and the periodic renourishment of the beach. Preference is given to those
beaches where them has already been an investment of federal funds or where the beach damage ha~ been
caused by the Federal government (such as by buildine m~d/or dredeing a nearby ,,,,,i,~.,;~,n ,.u~....,m
3. The Corps must recommend to Congress Studies of those projects it considers appropriate, conduct such
studies as Congress authorizes, and report, the results of those studies to the appropriate committees of Congress.
In preparing its studies, the Corps is required to consider the estimated benefits to the local and regional
economy and ecology of proceeding with tho project.
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'05/22/96 '14:11 "~ .... FSBPA ~ 005/005
4. The Corps is required to coordinate otlaer Federal activities to the region that includes the shore protection
project to assure to the extent possible tlaat such activities are complementary to the shore protection project.
5. The Corps is required to carry out shore protection projects that have been authorized and funded by
Congress, This includes a requirement to enter into a Project Cooperation Agreement with a non-Federal (local
government) sponsor of the project which assures that the non-Federal share of the project's cost will be paid
according to the terms establi$1'led by the agreement, The agreemem also specifies the "life" of the project and
ensures that Federal and non-Federal interests will cooperate in carrying out the project during its life.
6. The Corp~ is required to submit an annual report to the appropriate committees of Congress concerning the
atatu~ of all.ongoing shore protection studie~ and projects within its jurisdiction.
7. The Act also encourages the Corps to cooperate with the States in developing comprehensive State and
regional plans for the conservation of beach resources and to work with the States in the implementation of
these plans.
8. The Act also contains provisions which assure that the Secretary of thc Army will exercise his authority to
roauthorize eligible shore protection projects whose "life" has expired. Furtl~er, it assures the Acts provisions
apply to projects eligible for a reimbursement of Federal funds under existing provisions of Federal law,
9. Finally, the Act assures that shore protection projects include those projects which require the replacement of
sand as well as projects which require ongoing maintenance during the life of the project.
CONN1' E MACK
FLORIDA
WASHINGTON, D.C. ~05t0
July 11, 1996
Ms. Alison MacGregor
City Clerk
City of Delary Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Ms. MacGregor:
Thank you for contacting me regarding the problems of beach
erosion in Florida. Your concern for Florida's natural
resources, especially our beautiful beaches, is one I share. As
your United States Senator, you can count on my commitment to do
all I can to maintain and improve the quality of our beaches.
would like to take this opportunity to update you on current
legislation affecting this situation.
As you may know, the Clinton administration turned its back
on coastal communities by ending the traditional Federal role in
beach renourishment. In its 1996 budget request, the
Administration indicated that beach preservation and maintenance
was no longer of national significance. I strongly disagree.
Almost half of Florida's population lives in or near coastal
communities, and the coastal economy is responsible for one-third
of our nation's gross domestic product and more than 28 million
jobs. It is clear that these projects truly are of national
significance, and the Army Corps of Engineers, the agency which
has the primary federal responsibility for these types of
projects, ought to remain a full partner in this effort.
i, along with many members of Fiorida~s Congressional
delegation, have contacted the Corps several times in the past
few months concerning on-going and future beach renourishment
projects. In an effort to prevent the loss of more valuable
shoreline, I have been and will continue to be supportive of
funding for these important programs and projects which have a
direct impact on Florida's economic and environmental stability.
I have also introduced, along with Senator Bill Bradley
(D-NJ), S. 1811, the Shore Protection Act. This bill would amend
the mission of the Corps to include shore protection projects,
and would mandate that the Corps make recommendations to Congress
on specific projects that are worthy of Federal participation.
Further, this bill would require the Corps to consider benefits
to the local and regional economy and ecology when considering
and preparing cost/benefit analyses on beach projects. The Corps
would also be encouraged to work with State and local communities
on regional plans for the long-term preservation of our coastal
resources.
The Federal Government should remain a full partner with
States and communities on the preservation of our beach
resources. For 60 years, the U.S. Army Corps of Engineers has
worked in partnership with Congress, States, and coastal
communities to devise a workable policy on sandy beach
renourishment. The Corps brought to this partnership a wealth of
accumulated technical expertise and institutional knowledge about
beach preservation. Further, they brought funding which was
leveraged with State and local participation into projects which
directly benefitted the Nation's coastlines.
The maintenance of our state's shorelines and beaches is
directly related to the well-being of Florida's overall economy.
Tourism is Florida's number one industry, and our beaches are one
of our most important economic resources. They are also critical
components of the entire delicate Florida ecosystem, and I am
committed to preserving them. I look forward to working with my
Senate colleagues to find solutions to this problem.
Again, thank you for giving me the benefit of your thoughts.
Be assured that I will consider your views with care as the
Senate addresses this important issue.
Sincerely,
Connie Mack
CM/lac
Harry Johnston Q/Rd/9~
¢ongres~ of the United States ~ITY ~LERK
House of Representatives ............ --
Washington, DC 20515-0919
Tuesday, September 17, 1996
Ms. Alison MacGregor Harty
City Clerk
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Ms. Harty:
Thank you very much for your letter in regard to "Thc Shore Protection Act of 1996." I
welcome this opportunity to respond.
H.R. 3551, "The Shore Protection Act of 1996" is sponsored by Representative Shaw. The bill's
intent is to support our coastal communities. Our beaches and shore front property are among our
nation's most vital natural resources. Ensuring the health of our coastal communities is essential for both
economic and environmental reasons. Economically, these communities make up 85 percent of all
tourism-based revenue in the United States. Fifty percent of the U.S. population resides in these areas.
As you know, Florida's economy thrives on its tourist industry. It is essential that we take steps to protect
our shore line from the erosion and soil depletion currently attacking our homes and economy.
This bill would authorize the Secretary of the Army, through the Chief of Engineers, to take
measures to protect public property in these communities. This bill is currently in the Subcommittee on
Water Resources and Environment. Please rest assured that should this legislation come to the floor, I
will support it.
Once again, thank you for contacting me with your concerns on this issue. If I can be of any
further assistance, please do not hesitate to contact me.
With warm regards,
Sincerely,
HARRY JOHNSTON, M.C.
_HJ/dd
19th District, Florida Committees Washington Office Broward County Office Palm Beach County Office
Democratic Whip-at-Large ~,udget 2458 Rayburn ~ouse Office ~largate City Ha~ ~50~ Corporate Drive
Chief of Staff: International Relations Building 5790 Margate Boulevard Suite 250
Suzanne Stoll Subcommittees: Washington, DC 20515-0919 iVlargate. FL 33063 Boynton Beach. FL 33426
District Administrator: Africa 202-225-3001 305-972-6454 X-378 407-732-4000
Diane Birnbaum International Economic 305-428-4888
Policy & Trade
BOB GRAHA~t COMMITTEES:
FLORIDA FINANCE
'.. '~ VETERANS AFFAIRS
'~': '~: WASHINGTON, DC 20510 SELECT COMMITTEE ON
July 5, 1996
RECEIVED
MS. Allison MacGregor Harty
City Clerk
City of Delray Beach CITY CLERK ,,
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Allison:
Thank you for contacting my office regarding beach renourishment.
Beach erosion -- caused by natural factors such as storm waves
and human factors such as port construction -- has long
threatened to destroy the precious landscape that has come to
define our State.
The federal government has acted to protect the eroding shoreline
in Florida and throughout the United State over the past forty
years and should continue to fulfill its responsibility for beach
renourishment projects that are already underway.
Washington must also mitigate the adverse effects of federal
activity on coastal areas. For example, typical port maintenance
dredging projects accelerate the erosion of adjacent downstream
beaches. The federal government must take responsibility for the
damage it causes.
To ensure a prominent federal role in this critical issue, on
June 26, I.became a cosponsor of the Shore Protection Act of
1996, legislation designed to provide for a continuing federal
role in protecting our coastlines. Specifically, the bill would
mandate a continuing federal role in shore protection projects by
changing the mission of the Army Corps of Engineers from one of
general authority to do beach projects to a specific mandate to
undertake the protection and restoration of beaches. The bill
also establishes new criteria for conducting cost-benefit
analyses of new beach renourishment projects by requiring that
the benefits to the local, regional, and national ecology be
considered when evaluating a project. This legislation has been
referred to the Senate Environment and Public Works Committee, of
which I am a member. Please be assured I will continue to
monitor the progress of this legislation closely.
Beach renourishment helps to maintain the attraction and beauty
that draw people to our State. Our beautiful coasts define
July 5, 1996
Page 2
Florida and contribute to the special quality of life enjoyed by
Floridians. As I walk along Florida's beautiful coasts, I think
of the generations of Floridians that have also enjoyed the
State's most precious asset and realize that we have an
obligation to protect our beaches for the enjoyment of future
generations.
I appreciate knowing of your concern on these important issues.
With kind regards,
Sincerely,
United States Senator
BG/clh