§598c Easements for Hurricane and Storm Damage Reduction Projects

Summary

The Secretary must, if a local project partner asks, say that land is available and build a hurricane or storm damage project using a time-limited easement instead of a permanent one when two things are true: the plan and the partnership agreement allow it, and the Secretary gives formal written notice that if the time-limited easement ends and is not renewed, the Federal government will not be able to meet its project duties, do periodic beach nourishment, carry out repairs under section 701n, or give other Federal help for that project. For any project authorized after January 4, 2025, the Chief of Engineers’ report must say if a permanent easement is required for Federal participation. The Secretary should accept only the smallest land rights needed to build the project, under the rules in section 598b. For two years starting January 4, 2025, even if an August 4, 1995 Corps memorandum would require permanent easements, the Secretary must run certain named Florida beach projects according to how their initial construction and periodic nourishment were already done, including repairs and restoration under section 701n(a). The law also says the minimum easement term for construction and maintenance should be at least 50 years but not longer than the project’s life. These rules do not change the requirements of section 2213(d).