# § 598c. Easements for hurricane and storm damage reduction projects
**(a)** **In general** With respect to a project for hurricane and storm damage reduction for which the Secretary is requiring a perpetual easement, the Secretary shall, upon request by the non-Federal interest for the project, certify real estate availability and proceed to construction of such project with a nonperpetual easement if—
**(1)** such certification and construction are in compliance with the terms of the report of the Chief of Engineers for the project and the applicable project partnership agreement; and
**(2)** the Secretary provides the non-Federal interest with formal notice that, in the event in which the nonperpetual easement expires and is not extended, the Secretary will be unable to—
**(A)** fulfill the Federal responsibility with respect to the project or carry out any required nourishment of the project under the existing project authorization;
**(B)** carry out repair and rehabilitation of the project under section 701n of this title; and
**(C)** provide any other relevant Federal assistance with respect to the project.
**(b)** **Disclosure** January 4, 2025
For any project for hurricane storm damage risk reduction, or a proposal to modify such a project, that is authorized after , for which a perpetual easement is required for Federal participation in the project, the Secretary shall include in the report of the Chief of Engineers for the project a disclosure of such requirement.
**(c)** **Management** section 598b of this title
To the maximum extent practicable, the Secretary shall, at the request of the non-Federal interest for a project for hurricane storm damage risk reduction, identify and accept the minimum real estate interests necessary to carry out the project, in accordance with .
**(d)** **Hurricane and storm damage reduction project implementation**
**(1)** **In general** January 4, 2025August 4, 1995section 701n(a) of this title
During the 2-year period beginning on , notwithstanding any requirement of the Secretary for a covered project to comply with the memorandum of the Corps of Engineers entitled “Standard Estates – Perpetual Beach Nourishment and Perpetual Restrictive Dune Easement” and dated , the Secretary shall carry out each covered project in a manner consistent with the previously completed initial construction and periodic nourishments of the project, including repair and restoration work on the project under .
**(2)** **Covered project defined** In this subsection, the term “covered project” means an authorized project for hurricane and storm damage reduction in any one of the following locations:
**(A)** Brevard County, Canaveral Harbor, Florida – Mid Reach.
**(B)** Brevard County, Canaveral Harbor, Florida – North Reach.
**(C)** Brevard County, Canaveral Harbor, Florida – South Reach.
**(D)** Broward County, Florida – Segment II.
**(E)** Broward County, Florida – Segment III.
**(F)** Dade County, Florida – Main Segment.
**(G)** Dade County, Florida – Sunny Isles Segment.
**(H)** Duval County, Florida.
**(I)** Fort Pierce Beach, Florida.
**(J)** Lee County, Florida – Captiva.
**(K)** Lee County, Florida – Gasparilla.
**(L)** Manatee County, Florida.
**(M)** Martin County, Florida.
**(N)** Nassau County, Florida.
**(O)** Palm Beach County, Florida – Jupiter/Carlin Segment.
**(P)** Palm Beach County, Florida – Delray Segment.
**(Q)** Palm Beach County, Florida – Mid Town.
**(R)** Palm Beach County, Florida – North Boca.
**(S)** Palm Beach County, Florida – Ocean Ridge.
**(T)** Panama City Beaches, Florida.
**(U)** Pinellas County, Florida – Long Key.
**(V)** Pinellas County, Florida – Sand Key Segment.
**(W)** Pinellas County, Florida –Treasure Island.
**(X)** Sarasota, Lido Key, Florida.
**(Y)** Sarasota County, Florida – Venice Beach.
**(Z)** St. Johns County, Florida – St. Augustine Beach.
**(AA)** St. Johns County, Florida – Vilano Segment.
**(BB)** St. Lucie County, Florida – Hutchinson Island.
**(3)** **Sense of Congress** It is the sense of Congress that, for the purpose of constructing and maintaining a project for hurricane and storm damage risk reduction, the minimum estate necessary for easements may not exceed the life of the project nor be less than 50 years.
**(e)** **Savings clause** section 2213(d) of this title
Nothing in this section may be construed to affect the requirements of .
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**Source Credit**: (Pub. L. 118–272, div. A, title I, § 1145, Jan. 4, 2025, 138 Stat. 3035.)
## Statutory Notes and Related Subsidiaries
### “Secretary” Defined
Secretary means the Secretary of the Army, see , set out as a note under .