[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 988 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 988

  To direct the Secretary of the Interior to transfer administrative 
    jurisdiction over certain land to the Secretary of the Army to 
 facilitate construction of a jetty and sand transfer system, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 29 (legislative day, June 19), 1995

   Mr. Helms introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of the Interior to transfer administrative 
    jurisdiction over certain land to the Secretary of the Army to 
 facilitate construction 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.--
            (1) Joint designation.--Not later than 60 days after the 
        date of enactment of this Act, the Secretary of the Interior 
        and the Secretary of the Army, acting through the Chief of 
        Engineers of the Army Corps of Engineers, shall jointly 
        designate the tracts of land for the jetty and sand transfer 
        system for the Oregon Inlet on the Coast of North Carolina, 
        approximately 85 miles south of Cape Henry and 45 miles north 
        of Cape Hatteras (as described on page 12 of the Report of the 
        House of Representatives numbered 91-1665), authorized under 
        the River and Harbor Act of 1970 and the Flood Control Act of 
        1970 (Public Law 91-611; 84 Stat. 1818), and the Secretary of 
        the Interior shall transfer administrative jurisdiction over 
        those tracts to the Secretary of the Army.
            (2) Failure to jointly designate.--If the Secretary of the 
        Interior and the Secretary of the Army fail to jointly 
        designate the tracts of land by the date that is 60 days after 
        the date of enactment of this Act, 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, who shall transfer administrative 
        jurisdiction over those tracts to the Secretary of the Army.
    (b) Size.--
            (1) Limits.--Except as provided in paragraph (2), the 
        quantity of acreage in the tracts referred to in subsection (a) 
        shall not exceed--
                    (A) with respect to the tract in the Cape Hatteras 
                National Seashore Recreational Area, 65 acres; and
                    (B) with respect to the tract in the Pea Island 
                National Wildlife Refuge, 35 acres.
            (2) Exception.--If the Secretary of the Army and the 
        Secretary of the Interior jointly designate the tracts of land 
        pursuant to subsection (a)(1), the area of each tract may 
        exceed the acreage specified for the tract in paragraph (1).
    (c) Modification.--Notwithstanding subsection (b)(1), if, after 
designating the tracts of land pursuant to subsection (a)(2), the 
Secretary of the Army determines that any tract is inadequate for the 
construction, operation, and maintenance of a jetty and sand transfer 
system for the Oregon Inlet, the Secretary of the Army may designate, 
not earlier than 60 days after providing notice of a designation to the 
Secretary of the Interior under subsection (a)(2), an additional tract 
of land adjacent to the inadequate tract.
                                 <all>