Calendar No. 20

103D CONGRESS

1ST SESSION S. 192

A BILL

To require the Corps of Engineers to carry out the

transfer system, and for other purposes.construction and operation of a jetty and sand

MARCH 3, 1993

Read the second time placed on the calendar
II

Calendar No. 20

103D CONGRESS

1ST SESSION S. 192

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 SENATE OF THE UNITED STATES

JANUARY 26 (legislative day, JANUARY 5), 1993

Mr. HELMS introduced the following bill; which was read the first time

MARCH 3, 1993

Read the second time placed on the calendar

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.

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 1993’’.
2

•S 192 PCS

1 SEC. 2. FLOOD CONTROL IMPROVEMENTS.

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law, the Secretary of the Army, acting through

4 the Chief of Engineers, shall construct, operate, and main5 tain the jetty and sand transfer system for the Oregon

6 Inlet on the Coast of North Carolina, about 85 miles south

7 of Cape Henry and 45 miles north of Cape Hatteras (as

8 described on page 12 of H.R. Rep. No. 91–1665) author9 ized under the River and Harbor Act of 1970 and the

10 Flood Control Act of 1970 (Public Law 91–611), except

11 that the land area of the system shall be subject to the

12 requirements of subsection (b).

13 (b) DESIGNATION OF LAND.—

14 (1) IN GENERAL.—Not later than 60 days after

15 the date of enactment of this section, the Secretary

16 of the Army, acting through the Chief of Engineers,

17 and the Secretary of the Interior shall jointly des18 ignate the tracts of land for the jetty and sand

19 transfer system described in subsection (a). If the

20 Secretary of the Army and the Secretary of the Inte21 rior fail to jointly designate tracts of land by the

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

23 this section, the Secretary of the Army shall des24 ignate the tracts of land pursuant to a description

25 prepared by the Secretary of the Army, in consulta-
3

•S 192 PCS

1 tion with the Chief of Engineers, and shall notify the

2 Secretary of the Interior of the designation.

3 (2) SIZE.—

4 (A) LIMITS.—Except as provided in sub5 paragraph (B), the amount of acreage in the

6 tracts shall not exceed—

7 (i) with respect to the tract in the

8 Cape Hatteras National Seashore, 65

9 acres; and

10 (ii) with respect to the tract in the

11 Pea Island National Wildlife Refuge, 35

12 acres.

13 (B) EXCEPTION.—If the Secretary of the

14 Army and the Secretary of the Interior jointly

15 designate the tracts of land pursuant to para16 graph (1), the area of each tract may exceed

17 the acreage specified in this subparagraph.

18 (c) MODIFICATION.—If, after designating the tracts

19 of land pursuant to subsection (b) without the mutual

20 agreement of the Secretary of the Interior, and providing

21 notice to the Secretary of the Interior under subsection

22 (b) of such designation, the Secretary of the Army deter23 mines that any tract is inadequate for the construction,

24 operation, and maintenance for the jetty and sand transfer

25 system described in subsection (a), the Secretary of the
4

•S 192 PCS

1 Army is authorized to designate, not earlier than 60 days

2 after providing notice of a designation to the Secretary

3 of the Interior under subsection (b)(1), an additional tract

4 of land adjacent to the tract that is inadequate.

5 (d) EXEMPTION.—Notwithstanding any other provi6 sion of law, the construction, operation, and maintenance

7 of the jetty and sand transfer system described in sub8 section (a), shall be exempt from any permit requirement

9 (including any requirement for a special use permit or

10 similar authorization) prior to the use of the system.