II

103D CONGRESS

1ST SESSION S. 197

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 twice and referred

to the Committee on Environment and Public Works

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’’.

6 SEC. 2. FLOOD CONTROL IMPROVEMENTS.

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, the Secretary of the Army, acting through

9 the Chief of Engineers, shall construct, operate, and main10 tain the jetty and sand transfer system for the Oregon
2

•S 197 IS

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

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

3 described on page 12 of H.R. Rep. No. 91–1665) author4 ized under the River and Harbor Act of 1970 and the

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

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

7 requirements of subsection (b)).

8 (b) DESIGNATION OF LAND.—

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

10 the date of enactment of this section, the Secretary

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

12 and the Secretary of the Interior shall jointly des13 ignate the tracts of land for the jetty and sand

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

15 Secretary of the Army and the Secretary of the Inte16 rior fail to jointly designate tracts of land by the

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

18 this section, the Secretary of the Army shall des19 ignate the tracts of land pursuant to a description

20 prepared by the Secretary of the Army, in consulta21 tion with the Chief of Engineers, and shall notify the

22 Secretary of the Interior of the designation.

23 (2) SIZE.—
3

•S 197 IS

1 (A) LIMITS.—Except as provided in sub2 paragraph (B), the amount of acreage in the

3 tracts shall not exceed—

4 (i) with respect to the tract in the

5 Cape Hatteras National Seashore, 65

6 acres; and

7 (ii) with respect to the tract in the

8 Pea Island National Wildlife Refuge, 35

9 acres.

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

11 Army and the Secretary of the Interior jointly

12 designate the tracts of land pursuant to para13 graph (1), the area of each tract may exceed

14 the acreage specified in this subparagraph.

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

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

17 agreement of the Secretary of the Interior, and providing

18 notice to the Secretary of the Interior under subsection

19 (b) of such designation, the Secretary of the Army deter20 mines that any tract is inadequate for the construction,

21 operation, and maintenance for the jetty and sand transfer

22 system described in subsection (a), the Secretary of the

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

24 after providing notice of a designation to the Secretary
4

•S 197 IS

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

2 of land adjacent to the tract that is inadequate.

3 (d) EXEMPTION.—Notwithstanding any other provi4 sion of law, the construction, operation, and maintenance

5 of the jetty and sand transfer system described in sub6 section (a), shall be exempt from any permit requirement

7 (including any requirement for a special use permit or

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

Æ