[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 234 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 234

  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

                            January 29, 1997

   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 
1997''.

SEC. 2. FLOOD CONTROL IMPROVEMENTS.

    (a) In General.--
            (1) Joint designation.--Not later than 60 days after the 
        date of enactment of this Act--
                    (A) the Secretary of the Interior and the Secretary 
                of the Army, acting through the Chief of Engineers, 
                shall jointly designate 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
                    (B) the Secretary of the Interior shall transfer 
                administrative jurisdiction over the tracts of land 
                referred to in subparagraph (A) 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 referred to in paragraph (1)(A) 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 
        provide notice to the Secretary of the Interior of the 
        designation. Upon receipt of the notice, the Secretary of the 
        Interior shall transfer administrative jurisdiction over the 
        tracts of land to the Secretary of the Army.
    (b) Size.--
            (1) Limits.--Except as provided in paragraph (2), the 
        quantity of acreage in the tracts of land 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)(A), the area of each tract may 
        exceed the acreage specified for the tract in paragraph (1).
    (c) Modification of Size in Event of Failure to Jointly 
Designate.--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>