Sec. 1342. NEW YORK EMERGENCY SHORE RESTORATION
607 words·~3 min read·
/statute-compilations/comps-18105/sec-1342A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1342 NEW YORK EMERGENCY SHORE RESTORATION ###
(a)In General The Secretary is authorized to repair or restore a federally authorized hurricane and storm damage reduction structure or project or a public beach located in the covered geographic area pursuant to section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)), if— ####
(1)the structure, project, or public beach is damaged by wind, wave, or water action associated with a Nor’easter; and ####
(2)the Secretary determines that the damage prevents— #####
(A)in the case of a structure or project, the adequate functioning of the structure or project for the authorized purposes of the structure or project; or #####
(B)in the case of a public beach, the adequate functioning of the beach as a natural barrier to inundation, wave attack, or erosion coinciding with hurricanes, coastal storms, or Nor’easters. ###
(b)Justification The Secretary may carry out a repair or restoration activity under subsection
(a)without the need to demonstrate that the activity is justified solely by national economic development benefits if— ####
(1)the Secretary determines that— #####
(A)such activity is necessary to restore the adequate functioning of the structure, project, or public beach for the purposes described in subsection (a)(2), as applicable; and #####
(B)such activity is warranted to protect against loss to life or property of the community protected by the structure, project, or public beach; and ####
(2)in the case of a public beach, the non-Federal interest agrees to participate in, and comply with, applicable Federal floodplain management and flood insurance programs. ###
(c)Prioritization Repair or restoration activities carried out by the Secretary under subsection
(b)shall be given equal budgetary consideration and priority as activities justified solely by national economic development benefits. ###
(d)Limitations An activity carried out under subsection
(a)for a public beach shall not— ####
(1)repair or restore the beach beyond its natural profile; or ####
(2)be considered initial construction of the hurricane and storm damage reduction project. ###
(e)Savings Provision The authority provided by this section shall be in addition to any authority provided by section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)), to repair or restore federally authorized hurricane or shore protective structure or project located in the covered geographic area damaged or destroyed by wind, wave, or water action of other than an ordinary nature. ###
(f)Sunset The authority of the Secretary to carry out an activity under subsection
(a)for a public beach shall expire on the date that is 10 years after the date of enactment of this Act. ###
(g)Definitions In this subsection: ####
(1)Covered geographic area The term “covered geographic area” means— #####
(A)Fire Island National Seashore, New York; and #####
(B)the hamlets of Massapequa Park, Massapequa, Amityville, Copiague, Lindenhurst, West Babylon, Babylon, West Islip, West Bay Shore, Brightwaters, Bay Shore, Islip, East Islip, Great River, Oakdale, West Sayville, Saville, Bayport, Blue Point, Patchogue, East Patchogue, Bellport, Brookhaven, Shirley, Mastic Beach, Mastic, Moriches, Center Moriches, East Moriches, and Eastport, New York. ####
(2)Nor’easter The term “Nor’easter” means a synoptic-scale, extratropical cyclone in the western North Atlantic Ocean. ####
(3)Public beach The term “public beach” means a beach within the geographic boundary of an unconstructed federally authorized hurricane and storm damage reduction project that is— #####
(A)a publicly owned beach; or #####
(B)a privately owned beach that is available for public use, including the availability of reasonable public access, in accordance with Engineer Regulation 1165-2-130, published by the Corps of Engineers, dated June 15, 1989.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 1342
NEW YORK EMERGENCY SHORE RESTORATION
Cites 1Cited by 0 across 0 sources