[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4725 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4725

 To provide for the acquisition by the Army Corps of Engineers of the 
 hurricane barrier for the city of New Bedford, Massachusetts, and the 
                   town of Fairhaven, Massachusetts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2010

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

_______________________________________________________________________

                                 A BILL


 
 To provide for the acquisition by the Army Corps of Engineers of the 
 hurricane barrier for the city of New Bedford, Massachusetts, and the 
                   town of Fairhaven, Massachusetts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NEW BEDFORD-FAIRHAVEN HURRICANE BARRIER.

    (a) Acquisition.--The Secretary of the Army, acting through the 
Corps of Engineers, as authorized by section 203 of the Flood Control 
Act of 1958 (Public Law 85-500), may acquire all right, title, and 
interest of the city of New Bedford, Massachusetts, and the town of 
Fairhaven, respectively, in and to the New Bedford-Fairhaven hurricane 
barrier, including any interest of the city and the town in and to land 
and any structures required for the operation and maintenance, repair, 
replacement, rehabilitation, and structural integrity of such hurricane 
barrier if an offer is made by the city of New Bedford, Massachusetts, 
and the town of Fairhaven, Massachusetts, to convey such right, title, 
and interest to the Secretary. Such acquisition shall conform to the 
following requirements:
            (1) Any such conveyance shall be by quitclaim deed and 
        without consideration.
            (2) Subject to the availability of appropriations for such 
        purpose, any such conveyance shall occur not later than two 
        years after the date of the enactment of this Act.
    (b) Easement.--As part of the conveyance under subsection (a), the 
city of New Bedford and the town of Fairhaven may retain an easement 
authorizing the construction by the city and the town of a boardwalk 
and the recreational use of such boardwalk.
    (c) Assumption of Responsibility.--Upon the completion of the 
acquisition under subsection (a), the Secretary shall be responsible 
for the operation and maintenance, repair, replacement, rehabilitation, 
and structural integrity of such hurricane barrier in coordination with 
the city of New Bedford and the town of Fairhaven.
    (d) Recreational Use Defined.--In this section, the term 
``recreational use'' means the use of a bike path, pedestrian path, 
boardwalk, and a non-commercial fishing pier.
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