§598c — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary must, if a local partner asks, accept a temporary (nonperpetual) easement and go ahead with building a hurricane or storm damage reduction project when two things are true: the plan and partnership agreement allow it, and the Secretary gives formal written notice that if the temporary easement expires and is not extended, the federal government will not be able to keep doing beach nourishment, repairs and rehabilitation, or other federal help for the project. For projects authorized after January 4, 2025 that would normally need a permanent easement, the Chief of Engineers’ report must say so. The Secretary should take only the smallest real estate rights needed. For two years starting January 4, 2025, certain named Florida beach and shoreline projects (28 specific locations) will be handled according to their previous construction and nourishment history rather than an older 1995 rule. Congress expects easements to last at least 50 years but not longer than the project’s life. This does not change the rules in section 2213(d).

Title 33, §598c

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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)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)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)(1)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.

(2)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)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)Nothing in this section may be construed to affect the requirements of section 2213(d) of this title.

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.

§598c Easements for hurricane and storm damage reduction projects

Summary

Title 33, §598c

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata