---
kind: "section"
citation: "33 U.S.C. § 598c"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "598c"
heading: "Easements for hurricane and storm damage reduction projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/598c"
units:
  - "Chapter 12 — River and Harbor Improvements Generally"
  - "Subchapter III — Acquisition of Land and Materials"
---

# §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](/usc/33/426h–1.md?p=2) is requiring a perpetual easement, the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/33/426h–1.md?p=2) provides the non-Federal interest with formal notice that, in the event in which the nonperpetual easement expires and is not extended, the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/33/701n.md); and
    - (C) provide any other relevant Federal assistance with respect to the project.
- (b) **Disclosure—** For any project for hurricane storm damage risk reduction, or a proposal to modify such a project, that is authorized after January 4, 2025, for which a perpetual easement is required for Federal participation in the project, the [Secretary](/usc/33/426h–1.md?p=2) shall include in the report of the Chief of Engineers for the project a disclosure of such requirement.
- (c) **Management—** To the maximum extent practicable, the [Secretary](/usc/33/426h–1.md?p=2) 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 [section 598b of this title](/usc/33/598b.md).
- (d) **Hurricane and storm damage reduction project implementation—**
  - (1) **In general—** During the 2-year period beginning on January 4, 2025, notwithstanding any requirement of the [Secretary](/usc/33/426h–1.md?p=2) 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 August 4, 1995, the [Secretary](/usc/33/426h–1.md?p=2) 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 [section 701n(a) of this title](/usc/33/701n.md?p=a).
  - (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—** Nothing in this section may be construed to affect the requirements of [section 2213(d) of this title](/usc/33/2213.md?p=d).

## Source credit

(Pub. L. 118–272, div. A, title I, § 1145, Jan. 4, 2025, 138 Stat. 3035.)

## Notes

### Statutory Notes and Related Subsidiaries

### “Secretary” Defined

Secretary means the Secretary of the Army, see section 1002 of div. A of Pub. L. 118–272, set out as a note under section 2201 of this title.