[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 758 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 758

  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 HOUSE OF REPRESENTATIVES

                            January 31, 1995

  Mr. Jones introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 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 
1995''.

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 
        the 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 the 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 
                subparagraph (A).
    (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.
                                 <all>