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33 U.S.C. § 598c — Easements for hurricane and storm damage reduction projects
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701n&num=0&edition=prelim); 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 wi
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Stable record: federal_law:legal_authorities:record_usc_df514491097677334e5634e4
Source file: Laws/federal/codes/united-states-code/title-33/section-598c-easements-for-hurricane-and-storm-damage-reduction-projects--8ae4ae7587.md
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Passage SHA-256: 40f6ab021065cce59de41442ccf2e323e6c122d78a584d3b54e562614ef0a054
Source location: Title 33, Chapter 12, § 598c; chapter-012-river-and-harbor-improvements-generally.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701n&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section598b&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701n/a&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2213/d&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Emergency fund**
(1) There is authorized an emergency fund to be expended in preparation for emergency response to any natural disaster, in flood fighting and rescue operations, or in the repair or restoration of any flood control work threatened or destroyed by flood, including the strengthening, raising, extending, realigning, or other modification thereof as may be necessary in the discretion of the Chief of Engineers for the adequate functioning of the work for flood control and subject to the condition that the Chief of Engineers may include modifications to the structure or project, or in implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal sponsor; in the emergency protection of federally authorized hurricane or shore protection being threatened when in the discretion of the Chief of Engineers such protection is warranted to protect against imminent and substantial loss to life and property; in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the pre-storm level of protection, to the design level of protection, or, notwithstanding the authorized dimensions of the structure or project, to a level sufficient to meet the authorized purpose of such structure or project, whichever provides greater protection, when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, including to ensure the structure or project is functioning adequately to protect against projected changes in wave action or height or storm surge (incl
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701n
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Federal law — U.S. Code and appendices · legal_authorities
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Real estate plan** The Secretary shall provide to the non-Federal interest for an authorized water resources development project a real estate plan for the project that includes a description of the real estate interests required for construction, operation and maintenance, repair, rehabilitation, or replacement of the project, including any specific details and legal requirements necessary for implementation of the project.
**(b) Identification of minimum interest**
(1) **In general** — For each authorized water resources development project for which an interest in real property is required for any applicable construction, operation and maintenance, repair, rehabilitation, or replacement, the Secretary shall identify the minimum interest in the property necessary to carry out the applicable activity.
(2) **Determination** — In carrying out paragraph (1), the Secretary shall identify an interest that is less than fee simple title in cases where the Secretary determines that—
(A) such an interest is sufficient for construction, operation and maintenance, repair, rehabilitation, and replacement of the applicable project; and
(B) the non-Federal interest cannot legally make available to the Secretary an interest in fee simple title for purposes of the project.
**(c) Requirement** The non-Federal interest for an authorized water resources development project shall provide for the project an interest in the applicable real property that is the minimum interest identified under subsection (b).
**(d) Annual report** The Secretary shall annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing—
(1) a summary of all instances in which
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 598b
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Federal law — U.S. Code and appendices · legal_authorities
Page 150
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 598c
eral interest before January 4, 2025, may be
amended to reflect the requirements of this sec-
tion.
(Pub. L. 118–272, div. A, title I, § 1104, Jan. 4, 2025,
138 Stat. 3000.)
Statutory Notes and Related Subsidiaries
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Army, see sec-
tion 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 dam-
age reduction projects
(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 ap-
plicable 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 un-
able to—
(A) fulfill the Federal responsibility with
respect to the project or carry out any re-
quired 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 as-
sistance 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 parti
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 598c
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