33 U.S.C. § 598c — Easements for hurricane and storm damage reduction projects

(a) For a hurricane and storm damage-reduction project requiring a perpetual easement, the Secretary must, when the non-Federal sponsor asks, certify real-estate availability and build with a nonperpetual easement if the certification and construction comply with the Chief of Engineers’ report and project partnership agreement. The Secretary must warn that if the easement expires and is not extended, the Secretary cannot perform the Federal responsibility, required nourishment, repair or rehabilitation under section 701n, or other relevant Federal assistance. (b) For projects or modifications authorized after January 4, 2025, that require a perpetual easement for Federal participation, the Chief of Engineers’ report must disclose that requirement. (c) As far as practicable, the Secretary must identify and accept the minimum interests needed, under section 598b. (d) During the 2 years beginning January 4, 2025, each covered project must be carried out consistently with its completed initial construction and periodic nourishment, including repair and restoration, despite the cited 1995 Corps memorandum. Covered projects are the Florida projects listed in subparagraphs (A) through (BB), including the named reaches, segments, counties, beaches, keys, and islands. Congress expresses the view that an easement for constructing and maintaining such a project should last at least 50 years but no longer than the project’s life. (e) This section does not change section 2213(d).