Sec. 361. Flexibilities for certain hurricane and storm damage risk reduction projects
773 words·~4 min read·
/bill/118/s/4367/es/section-361·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds that— the Corps of Engineers incorrectly applied the nationwide statutory requirements and the policies of the agency related to easements for communities within the boundaries of the Jacksonville District; this incorrect application created inconsistencies, confusion, and challenges with carrying out 18 critical hurricane and storm damage risk reduction projects in Florida, and in order to remedy the situation, the Assistant Secretary of the Army for Civil Works issued a memorandum that provided flexibilities for the easements of those projects; and those projects need additional assistance going forward, and as such, this section provides additional flexibilities and allows the projects to transition, on the date of their expiration, to the nationwide policies and statutory requirements for easements of the Corps of Engineers.
Notwithstanding any other provision of law, but maintaining any existing easement agreement or executed project partnership agreement for a project described in subsection (c), the Secretary may proceed to construction of a project described in that subsection with an easement of not less than 25 years, in lieu of the perpetual beach storm damage reduction easement standard estate if— the project complies with all other applicable laws and Corps of Engineers policies during the term of the easement, including the guarantee of a public beach, public access, public use, and access for any work necessary and incident to the construction of the project, periodic nourishment, and operation, maintenance, repair, replacement, and rehabilitation of the project; and the non-Federal interest agrees to pay the costs of acquiring easements for periodic nourishment of the project after the expiration of the initial easements, for which the non-Federal interest may not receive credit toward the non-Federal share of the costs of the project.
A project referred to in subsection
(b)is any of the following projects for hurricane and storm damage risk reduction: Brevard County, Canaveral Harbor, Florida – North Reach. Brevard County, Canaveral Harbor, Florida – South Reach. Broward County, Florida – Segment II. Lee County, Florida – Captiva. Lee County, Florida – Gasparilla. Manatee County, Florida. Martin County, Florida. Nassau County, Florida. Palm Beach County, Florida – Jupiter/Carlin Segment. Palm Beach County, Florida – Mid Town. Palm Beach County, Florida – Ocean Ridge. Pinellas County, Florida – Long Key. Pinellas County, Florida – Sand Key Segment. Pinellas County, Florida – Treasure Island. Sarasota County, Florida – Venice Beach. St. Johns County, Florida – St. Augustine Beach. St. Johns County, Florida – Vilano Segment. St. Lucie County, Florida – Hutchinson Island. The Secretary shall not carry out an additional economic justification for a project described in subsection
(c)on the basis that the project has easements for a period of less than 50 years pursuant to this section. Not less than 5 years before the date of expiration of an easement for a project described in subsection (c), the Secretary shall provide to the non-Federal interest for the project written notice that if the easement expires and is not extended under subsection (f)— the Secretary will not be able— to renourish the project under the existing project authorization; or to restore the project to pre-storm conditions under section 5 of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n ); and the non-Federal interest or the applicable State will have the responsibility to renourish or restore the project. With respect to a project described in subsection (c), before the expiration of an easement that has a term of less than 50 years and is subject to subsection (b), the Secretary may allow the non-Federal interest for the project to extend the easement, subject to the condition that the easement and any extensions do not exceed 50 years in total. In the case of a project described in subsection
(c)that received funding under section 5 of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n ), made available by a supplemental appropriations Act, or is eligible to receive such funding as a result of storm damage incurred during fiscal year 2022, 2023, 2024, 2025, or 2026, the project may use 1 or more temporary easements, subject to the conditions that— the easement lasts for the duration of the applicable renourishment agreement; and the work shall be carried out by not later than 2 years after the date of enactment of this Act. The authority provided under this section shall terminate, with respect to a project described in subsection (c), on the date on which the operations and maintenance activities for that project expire.
Connectionstraces to 1
Traces to 1 document
1 reference not yet in our index
- 55 Stat. 650
Citation graph
cites case law
Sec. 361
Flexibilities for certain hurricane and storm damage risk reduction projects
Stat.55 Stat. 650
Cites 2Cited by 0 across 0 sources