33 U.S.C. § 598c — Easements for hurricane and storm damage reduction projects

FEDERAL · 33 U.S.C. · Chapter SUBCHAPTER III—ACQUISITION OF LAND AND MATERIALS

Easements for hurricane and storm damage reduction projects

33 U.S.C. § 598c

Title33 — Navigation and Navigable Waters

ChapterSUBCHAPTER III—ACQUISITION OF LAND AND MATERIALS

This text of 33 U.S.C. § 598c (Easements for hurricane and storm damage reduction projects) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

33 U.S.C. § 598c.

Text

(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 nourish

Free access — add to your briefcase to read the full text and ask questions with AI

(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
For any project for hurricane storm damage risk reduction, or a proposal to modify such a project, that is authorized after January 4, 2025, for which a perpetual easement is required for Federal participation in the project, the Secretary shall include in the report of the Chief of Engineers for the project a disclosure of such requirement.
(c) Management
To the maximum extent practicable, the Secretary shall, at the request of the non-Federal interest for a project for hurricane storm damage risk reduction, identify and accept the minimum real estate interests necessary to carry out the project, in accordance with section 598b of this title.
(d) Hurricane and storm damage reduction project implementation
During the 2-year period beginning on January 4, 2025, notwithstanding any requirement of the Secretary for a covered project to comply with the memorandum of the Corps of Engineers entitled "Standard Estates – Perpetual Beach Nourishment and Perpetual Restrictive Dune Easement" and dated August 4, 1995, the Secretary shall carry out each covered project in a manner consistent with the previously completed initial construction and periodic nourishments of the project, including repair and restoration work on the project under section 701n(a) of this title.
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.
It is the sense of Congress that, for the purpose of constructing and maintaining a project for hurricane and storm damage risk reduction, the minimum estate necessary for easements may not exceed the life of the project nor be less than 50 years.
(e) Savings clause
Nothing in this section may be construed to affect the requirements of section 2213(d) of this title.

Source Credit

History

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

Editorial Notes

Statutory Notes and Related Subsidiaries

"Secretary" Defined
Secretary means the Secretary of the Army, see section 1002 of div. A of Pub. L. 118–272, set out as a note under section 2201 of this title.

Cite This Page — Counsel Stack

Bluebook (online)

33 U.S.C. § 598c, Counsel Stack Legal Research, https://law.counselstack.com/usc/33/598c.