[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 197 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 197
To require the Corps of Engineers to carry out the construction and
operation of a jetty and sand transfer system, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26 (legislative day, January 5), 1993
Mr. Helms introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To require the Corps of Engineers to carry out the construction and
operation of a jetty and sand transfer system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Inlet Protection Act of
1993''.
SEC. 2. FLOOD CONTROL IMPROVEMENTS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Army, acting through the Chief of Engineers, shall
construct, operate, and maintain the jetty and sand transfer system for
the Oregon Inlet on the Coast of North Carolina, about 85 miles south
of Cape Henry and 45 miles north of Cape Hatteras (as described on page
12 of H.R. Rep. No. 91-1665) authorized under the River and Harbor Act
of 1970 and the Flood Control Act of 1970 (Public Law 91-611), except
that the land area of the system shall be subject to the requirements
of subsection (b)).
(b) Designation of Land.--
(1) In general.--Not later than 60 days after the date of
enactment of this section, the Secretary of the Army, acting
through the Chief of Engineers, and the Secretary of the
Interior shall jointly designate the tracts of land for the
jetty and sand transfer system described in subsection (a). If
the Secretary of the Army and the Secretary of the Interior
fail to jointly designate tracts of land by the date that is 60
days after the date of enactment of this section, the Secretary
of the Army shall designate the tracts of land pursuant to a
description prepared by the Secretary of the Army, in
consultation with the Chief of Engineers, and shall notify the
Secretary of the Interior of the designation.
(2) Size.--
(A) Limits.--Except as provided in subparagraph
(B), the amount of acreage in the tracts shall not
exceed--
(i) with respect to the tract in the Cape
Hatteras National Seashore, 65 acres; and
(ii) with respect to the tract in the Pea
Island National Wildlife Refuge, 35 acres.
(B) Exception.--If the Secretary of the Army and
the Secretary of the Interior jointly designate the
tracts of land pursuant to paragraph (1), the area of
each tract may exceed the acreage specified in this
subparagraph.
(c) Modification.--If, after designating the tracts of land
pursuant to subsection (b) without the mutual agreement of the
Secretary of the Interior, and providing notice to the Secretary of the
Interior under subsection (b) of such designation, the Secretary of the
Army determines that any tract is inadequate for the construction,
operation, and maintenance for the jetty and sand transfer system
described in subsection (a), the Secretary of the Army is authorized to
designate, not earlier than 60 days after providing notice of a
designation to the Secretary of the Interior under subsection (b)(1),
an additional tract of land adjacent to the tract that is inadequate.
(d) Exemption.--Notwithstanding any other provision of law, the
construction, operation, and maintenance of the jetty and sand transfer
system described in subsection (a), shall be exempt from any permit
requirement (including any requirement for a special use permit or
similar authorization) prior to the use of the system.
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