33 USC 598c - Easements for hurricane and storm damage reduction projects

U.S Code last checked for updates: Feb 21, 2025

§ 598c.

Easements for hurricane and storm damage reduction projects

(a)

In general

With respect to a project for hurricane and storm damage reduction for which the Secretary is requiring a perpetual easement, the Secretary shall, upon request by the non-Federal interest for the project, certify real estate availability and proceed to construction of such project with a nonperpetual easement if—

(1)

such certification and construction are in compliance with the terms of the report of the Chief of Engineers for the project and the applicable project partnership agreement; and

(2)

the Secretary provides the non-Federal interest with formal notice that, in the event in which the nonperpetual easement expires and is not extended, the Secretary will be unable to—

(A)

fulfill the Federal responsibility with respect to the project or carry out any required nourishment of the project under the existing project authorization;

(B)

carry out repair and rehabilitation of the project under section 701n of this title; and

(C)

provide any other relevant Federal assistance with respect to the project.

(b)

Disclosure

(c)

Management

(d)

Hurricane and storm damage reduction project implementation

(1)

In general

(2)

Covered project defined

In this subsection, the term “covered project” means an authorized project for hurricane and storm damage reduction in any one of the following locations:

(A)

Brevard County, Canaveral Harbor, Florida – Mid Reach.

(B)

Brevard County, Canaveral Harbor, Florida – North Reach.

(C)

Brevard County, Canaveral Harbor, Florida – South Reach.

(D)

Broward County, Florida – Segment II.

(E)

Broward County, Florida – Segment III.

(F)

Dade County, Florida – Main Segment.

(G)

Dade County, Florida – Sunny Isles Segment.

(H)

Duval County, Florida.

(I)

Fort Pierce Beach, Florida.

(J)

Lee County, Florida – Captiva.

(K)

Lee County, Florida – Gasparilla.

(L)

Manatee County, Florida.

(M)

Martin County, Florida.

(N)

Nassau County, Florida.

(O)

Palm Beach County, Florida – Jupiter/Carlin Segment.

(P)

Palm Beach County, Florida – Delray Segment.

(Q)

Palm Beach County, Florida – Mid Town.

(R)

Palm Beach County, Florida – North Boca.

(S)

Palm Beach County, Florida – Ocean Ridge.

(T)

Panama City Beaches, Florida.

(U)

Pinellas County, Florida – Long Key.

(V)

Pinellas County, Florida – Sand Key Segment.

(W)

Pinellas County, Florida –Treasure Island.

(X)

Sarasota, Lido Key, Florida.

(Y)

Sarasota County, Florida – Venice Beach.

(Z)

St. Johns County, Florida – St. Augustine Beach.

(AA)

St. Johns County, Florida – Vilano Segment.

(BB)

St. Lucie County, Florida – Hutchinson Island.

(3)

Sense of Congress

(e)

Savings clause

(Pub. L. 118–272, div. A, title I, § 1145, Jan. 4, 2025, 138 Stat. 3035.)

cite as: 33 USC 598c