Title 33, Navigation and Navigable WatersRelease 119-110

§598c Easements for Hurricane and Storm Damage Reduction Projects

Title 33 › CHAPTER 12 — RIVER AND HARBOR IMPROVEMENTS GENERALLY › SUBCHAPTER III — ACQUISITION OF LAND AND MATERIALS › § 598c

Last updated Sep 22, 2026|Official source

Summary

The Secretary must, if a local non‑Federal partner asks, accept a temporary (nonperpetual) easement and start construction on a hurricane or storm damage reduction project that would normally need a permanent easement. This is allowed only if the action follows the Chief of Engineers’ report and the project partnership agreement. The Secretary must give formal notice that if the temporary easement ends and is not renewed, the Federal government will not be able to do required beach nourishment, do repairs or rehabilitation under section 701n, or provide other Federal help for the project. For projects authorized after January 4, 2025 that would require a permanent easement, the Chief of Engineers’ report must say so. At the request of the local partner, the Secretary should take only the smallest land rights needed. For the two‑year period starting January 4, 2025, the Secretary must carry out certain named Florida projects consistent with their initial construction and periodic nourishments, despite an older 1995 Corps memo; the law lists specific Florida beaches and segments that are covered. Congress says easements may not be longer than the project’s life and must be at least 50 years. Nothing here changes the requirements of section 2213(d) of this title.

Full Legal Text

Title 33, §598c

Navigation and Navigable Waters, Source: USLM XML via OLRC

(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
(1)In general
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)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
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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 598c

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110