II

★(Star Print)

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Oregon Inlet Protec5 tion Act of 1995’’.

6 SEC. 2. FLOOD CONTROL IMPROVEMENTS.

7 (a) IN GENERAL.—
2

•S 988 IS1S

1 (1) JOINT DESIGNATION.—Not later than 60

2 days after the date of enactment of this Act, the

3 Secretary of the Interior and the Secretary of the

4 Army, acting through the Chief of Engineers of the

5 Army Corps of Engineers, shall jointly designate the

6 tracts of land for the jetty and sand transfer system

7 for the Oregon Inlet on the Coast of North Carolina,

8 approximately 85 miles south of Cape Henry and 45

9 miles north of Cape Hatteras (as described on page

10 12 of the Report of the House of Representatives

11 numbered 91–1665), authorized under the River and

12 Harbor Act of 1970 and the Flood Control Act of

13 1970 (Public Law 91–611; 84 Stat. 1818), and the

14 Secretary of the Interior shall transfer administra15 tive jurisdiction over those tracts to the Secretary of

16 the Army.

17 (2) FAILURE TO JOINTLY DESIGNATE.—If the

18 Secretary of the Interior and the Secretary of the

19 Army fail to jointly designate the tracts of land by

20 the date that is 60 days after the date of enactment

21 of this Act, the Secretary of the Army shall des22 ignate the tracts of land pursuant to a description

23 prepared by the Secretary of the Army, in consulta24 tion with the Chief of Engineers, and shall notify the

25 Secretary of the Interior of the designation, who
3

•S 988 IS1S

1 shall transfer administrative jurisdiction over those

2 tracts to the Secretary of the Army.

3 (b) SIZE.—

4 (1) LIMITS.—Except as provided in paragraph

5 (2), the quantity of acreage in the tracts referred to

6 in subsection (a) shall not exceed—

7 (A) with respect to the tract in the Cape

8 Hatteras National Seashore Recreational Area,

9 65 acres; and

10 (B) with respect to the tract in the Pea Is11 land National Wildlife Refuge, 35 acres.

12 (2) EXCEPTION.—If the Secretary of the Army

13 and the Secretary of the Interior jointly designate

14 the tracts of land pursuant to subsection (a)(1), the

15 area of each tract may exceed the acreage specified

16 for the tract in paragraph (1).

17 (c) MODIFICATION.—Notwithstanding subsection

18 (b)(1), if, after designating the tracts of land pursuant

19 to subsection (a)(2), the Secretary of the Army determines

20 that any tract is inadequate for the construction, oper21 ation, and maintenance of a jetty and sand transfer sys22 tem for the Oregon Inlet, the Secretary of the Army may

23 designate, not earlier than 60 days after providing notice

24 of a designation to the Secretary of the Interior under sub-
4

•S 988 IS1S

1 section (a)(2), an additional tract of land adjacent to the

2 inadequate tract.

Æ