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Home My WebLink AboutAgenda 09.19.2023LUIl EROSION DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, September 19, 2023 9:01 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 1, Chair CHRIS DZADOVSKY District No. 5, Vice -Chair CATHY TOWNSEND District No. 2 LARRY LEET District No. 3 LI N DA BARTZ District No. 4 JAMIE FOWLER Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 27 Regular Meeting Tuesday, September 19, 2023 9:01 AM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE —To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. z1P,: Page 2 of 27 Regular Meeting Tuesday, September 19, 2023 9:01 AM 1. CALL TO ORDER 2. GENERAL PUBLIC COMMENT 3. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the Erosion District Meeting of August 15, 2023. 4. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 45 - 48 B. PORT, INLET & BEACHES 1. Ratification of Letters of Support - Federal Disaster Responsibility Act (Section 5) - Ai` I: O Staff recommends that the Board ratify the attached letters of support to both Senator Scott's and Senator Rubio's officeses, supporting Section 5 of the Federal Disaster Responsibility Act. S. REGULAR AGENDA There are no items scheduled. 6. MOTION TO ADJOURN 3 1 P, : Page 3 of 27 3ro LUCK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Erosion District Meeting August 15, 2023 1. CALL TO ORDER The meeting was called to order at 9:02 AM by Chair Chris Dzadovsky, District No. 1. Convened: 9:02 AM Adjourned: 9:02 AM Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Jason Davis, Deputy County Administrator Katherine Barbieri, Assistant County Attorney III Michelle R. Miller, St. Lucie County Clerk of the Circuit Court and Comptroller Shai Francis, St. Lucie County Clerk Chief Finance Officer Tanya Greene, St. Lucie County Clerk Chief Operating Officer Thad Crowe, Planning & Development Services Senior Planner Kori Benton, Planning & Development Services Planning Manager Barbara Guettler, MSBU Coordinator Jim Lappert, Water Quality Division Director Jaime Morales, Assistant Public Works Director Benjamin Balcer, Planning & Development Services Director Rangel Guerrero, Public Safety Director Jennifer Hill, OMB Director Katrina Slay, Agenda Coordinator Vera Smith, Deputy Clerk Recording Secretary 2. GENERAL PUBLIC COMMENT Chair Dzadovsky opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Dzadovsky closed public comment. 3. APPROVAL OF MINUTES A motion was made to approve all minute sets, and it passed unanimously. RESULT: APPROVE Page 4 of 27 Erosion District Meeting Tuesday, August 15, 2023 9:01 AM MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the Erosion District Meeting of July 18, 2023. 4. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 41- 42 Adopted by Consent Vote S. REGULAR AGENDA There were no items scheduled. 6. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 9:02 AM. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and available for inspection upon request. 2 1 gm Page 5 of 27 08/11/23 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #45- 05-AUG-2023 TO 11-AUG-2023 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 4,708.24 GRAND TOTAL: 4,708.24 PAGE 1 PAYROLL 0.00 0.00 63 Page 6 of 27 08/18/23 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #46- 12-AUG-2023 TO 18-AUG-2023 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 4,001.05 GRAND TOTAL: 4,001.05 PAGE 1 PAYROLL 4,286.80 4,286.80 146 Page 7 of 27 08/25/23 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #47- 19-AUG-2023 TO 25-AUG-2023 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 809.24 0.00 GRAND TOTAL: 809.24 0.00 92 Page 8 of 27 09/01/23 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #48- 26-AUG-2023 TO 01-SEP-2023 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 269.24 GRAND TOTAL: 269.24 PAGE 1 PAYROLL 4,281.24 4,281.24 121 Page 9 of 27 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: DATE: AGENDA REQUEST Erosion District Joshua Revord, Port, Inlet & Beaches Director Port, Inlet & Beaches 4.B.1. 2023-61929 9/19/2023 Ratification of Letters of Support - Federal Disaster Responsibility Act (Section 5) - AIIIQa°: ()N The attached memo dated 9/18/2023 provides background information. PREVIOUS ACTION: The County previously received a positive Project Information Report (PIR) from the U.S. Army Corps of Engineers for impacts to the St. Lucie County, Florida Coastal Storm Risk Management (CSRM) Project (Hurricane Nicole). Funding on the order of $9,500,000 (Flood Control and Coastal Emergencies (FCCE) funds) has been set aside for the future rehabilitation of the project. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board ratify the attached letters of support to both Senator Scott's and Senator Rubio's officeses, supporting Section 5 of the Federal Disaster Responsibility Act. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: September 18, 2023 Courtney Calderone, Government Relations Division Director Page 10 of 27 i)911 /- I I I Date: September 18, 2023 Daniel McIntyre, County Attorney i � d Date: September 18, 2023 Mayte Santamaria, Deputy County Administrator Page 11 of 27 PORT, INLET 8t BEACHES MEMORANDUM TO: Erosion District Board FROM: Joshua Revord - Director of Port, Inlet & Beaches DATE: 9/18/2023 SUBJECT: Letter Ratification — Federal Disaster Responsibility Act — Section 5. The attached letters were provided to the Erosion District Chair for consideration on 9/15/2023. The letters were executed and are meant to support the Federal Disaster Responsibility Act (Scott/Rubio); specifically, Section 5 of this draft legislation, which waives the requirement for perpetual construction easements currently required for federal beach projects impacted by recent storm events. The letters of support may assist in the county's future effort(s) to implement rehabilitation of the St. Lucie County, Florida Coastal Storm Risk Management (CSRM) Project impacted by Hurricanes Ian and Nicole. The federal project recently received a positive Project Information Report (PIR), qualifying the project for rehabilitation with federal Flood Control and Coastal Emergencies (FCCE) monies. Ratification of these letters of support is requested from the Erosion District Board. Page 12 of 27 LU CIE--�-z 3 9 UILL� " � 9,8, -1. 415 � , W'. �11 IR.I,@F"�I J gip" II ,SK',1 DISTRICT I September 15, 2023 ST. LUCIE COUNTY BOARD OF COUNTY The Honorable Rick Scott COMMISSIONERS 110 Hart Senate Office Building Washington, DC 20510 CHRIS DZADOVSKY E.YII°I"IIIC„T 'I RE: Support of Rehabilitation and Repair of Flood and Storm Damage Reduction Beach Projects - St. Lucie County, Florida Coastal Storm Risk LARRY LEET Management (CSRM) Project I;;;)I Dear Senator Scott: LINDA BARTZ DI I""I°FRICe:""I°° 3 1 am a writing you on behalf of St. Lucie County's Erosion District, part of a VICE (°A..W R coalition of coastal stakeholders in Florida. We fully support Sec. 5 of your and Senator Rubio's bill to carry out the Robert T. Stafford Disaster Relief and I Emergency Assistance Act, and for other purposes. The passage of this bill is DIIIE F°„ ' crucial to protect Florida's world-renowned beaches, the heart of our MA 4 E 4 economy, and substantial infrastructure investment along our coastline. As you are aware, a recent reinterpretation by the United States Army Corps of CATHY TOWNSEND Engineers of section 103 of the Water Resources Development Act of 1986 (33 I;I""I"'IIfI °I" 5 U.S.C. 2213) has resulted in widespread project delays for emergency repair 1I `1r.?, projects, leaving areas in Florida vulnerable to catastrophic flooding and erosion from storms during the peak of hurricane season. GEORGE LANDRY Ia,II' ""ry Section 5 of the bill is necessary to unlock monies already appropriated by Alf;) INI ., I"IIfRAI Dll� Congress to repair Florida's beaches, which has been held up by the Army "'f DAN MCINTYRE Corps' recent decision requiring 100 percent of coastal property owners to sign LII A.,I,,,,,I- :)I I�II;;;7 a perpetual easement in order to proceed with projects already authorized and funded by Congress. This recent requirement is being applied to all of MAILING ADDRESS Florida's existing projects regardless of whether agreements were signed prior 2300 VIRGINIA AVENUE to the policy shift. This unnecessarily puts public safety and property at risk. It FORT PIERCE, FL 34982 also results in impaired habitat for threatened and endangered species like sea turtles and shore birds. PHONE (772) 462-141 O As chair of St. Lucie County's Erosion District, I sincerely appreciate your and TDD Senator Rubio's past and current efforts to solve this problem and ask that you (772) 462-1 428 continue to pursue this bill to protect Florida's beaches. FAX (772) 462-21 3 1 Sincerely, E-MAIL DELGADILLOR@STLUCIECO.ORG' Chris Dza ovsky WEBS►TE Erosion District Chair WWW.STLUCIECO.ORG St. Lucie County 01111T IIIIIIIIIOIOVAM I00�0111 Page 13 of 27 CD:JR C: Senator Marco Rubio St. Lucie County Erosion District Board Geroge Landry, County Administrator Mayte Santamaria, Assistant County Administrator Jason Davis, Assistant County Administrator Dan McIntyre, County Attorney Courtney Calderone, Government Relations Division Director The Honorable Rick Scott September 15, 2023 Page 2 2 Page 14 of 27 S� LLICc L� .. VUl".4 I Jf/i September 15, 2023 ST. LUCIE COUNTY BOARD OF COUNTY The Honorable Marco Rubio COMMISSIONERS 110 Hart Senate Office Building Washington, DC 20510 CHRIS DZADOVSKY t,°)IISiC"114m ICT 't RE: Support of Rehabilitation and Repair of Flood and Storm Damage Reduction Beach Projects - St. Lucie County, Florida Coastal Storm Risk LARRY LEET Management (CSRM) Project EAS Dear Senator Rubio: LINDA BARTZ I'.;)III;""tIII'aIC::"" 3I am a writing you on behalf of St. Lucie County's Erosion District, part of a VICEC;' u....�.uiR coalition of coastal stakeholders in Florida. We fully support Sec. 5 of your and Senator Scott's bill to carry out the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and for other purposes. The passage of this bill is JAMIE FOWLER crucial to protect Florida's world-renowned beaches, the heart of our Dlll ""il:" IC"T" 4 economy, and substantial infrastructure investment along our coastline. As you are aware, a recent reinterpretation by the United States Army Corps of CATHYTOWNSEND Engineers of section 103 of the Water Resources Development Act of 1986 (33 I:m°rlf'IC I" 5 U.S.C. 2213) has resulted in widespread project delays for emergency repair 01AIR projects, leaving areas in Florida vulnerable to catastrophic flooding and erosion from storms during the peak of hurricane season. GEORGE LANDRY C0t..JINIIIy Section 5 of the bill is necessary to unlock monies already appropriated by AIf;)MIIIImsF"III° A III(AR Congress to repair Florida's beaches, which has been held up by the Army Corps' recent decision requiring 100 percent of coastal property owners to DAN Mc[NTYRE CC1LJ'II-, A.,,,,I��IE;,' sign a perpetual easement in order to proceed with projects already °°I authorized and funded by Congress. This recent requirement is being applied MAILING ADDRESS to all of Florida's existing projects regardless of whether agreements were 2300 VIRGINIA AVENUE signed prior to the policy shift. This unnecessarily puts public safety and FORT PIERCE, FL 34982 property at risk. It also results in impaired habitat for threatened and endangered species like sea turtles and shore birds. PHONE (772) 462-141 O As chair of St. Lucie County's Erosion District, I sincerely appreciate your and TDD Senator Scott's past and current efforts to solve this problem and ask that you (772) 462-1428 continue to pursue this bill to protect Florida's beaches. FAX (772) 462-213 1 Sincerely, E-MAIL DELGADILLOR@STLUCIECO.ORG Chri Dza OVSky Erosion District Chair WEBSITE St. Lucie County WWW.STLUCIECO.ORG uomo°0uuuoi uuumumu uuuuuumo Page 15 of 27 The Honorable Marco Rubio CD:JR C: Senator Rick Scott St. Lucie County Erosion District Board Geroge Landry, County Administrator Mayte Santamaria, Assistant County Administrator Jason Davis, Assistant County Administrator Dan McIntyre, County Attorney Courtney Calderone, Government Relations Division Director September 15, 2023 Page 2 Page 16 of 27 ALL23'769 DDX S.L.O. 118Tx CONGRESS 1ST SESSION so To appropriate amounts to carry out the Rohert T. Stafford Disaster Relief and Emergenc,v Assistance Act, and for other purposes. IN THE SENATE OF THE UNITED STATES All'. SCOTT of Florida (for himself and Mr. ElTmo) introduced the following bill., ivhich was read tiVice and referred to the Committee on A BILL To appropriate amounts to carry out the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and for other purposes. 1 Be it enacted by th,c Senate and Ilonse of Represen,ta- 2 tives of the Un2ted States of Amcriea in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may he cited as the "Federal Disaster Re- 5 sponsibility Act" 6 SEC. 2. DISASTER RELIEF FUND. 7 Out of amounts in the Treasury not otherwise appro- 8 priated, there are appropriated for fiscal ,year 2023 9 $16,500,000,000, to remain availal)le until upended, for Page 17 of 27 ALL23'769 DDX S.L.C. 2 J 1 necessary expenses to carry out the Robert T. Stafford 2 Disaster Relief and Emergency Assistance Act (42 U.S.0 3 5121 et seq.) with respect to major disasters declared 4 under section 401 of the Robert T. Stafford Disaster Re- s lief and Emergency Assistance Act (42 U.S.C. 5170). 6 SEC. 3. TAX RELIEF RELATED TO CERTAIN DISASTERS OC- 7 CURRING IN 2021, 2022, AND 2023. 8 (a) DEFINITION S.—For purposes of this section- 9 (1) QZ7�LIFIED DISASTER UtE A.- 10 (A) h GENERAL. —The term "qualified 11 disaster area" means any area with respect to 12 which a major disaster was declared, during the 13 period beginning after December 27, 2020, and 14 ending on December 31, 2023, by the President 15 under section 401 of the Robert T. Stafford 16 Disaster Relief and Emergency Assistance Act 17 if the incident period of the disaster with re- 18 spect to which such declaration is made begins 19 on or after December 287 20207 and on or be- 20 fore December 31, 2023. 21 (B) EXCEYTIONS.- 22 (i) DISASTER RECEM, G RELIEF 23 UNDER PREVIOUS ACTS.—Sueh term shall 24 not include any area which is a qualified 25 disaster area solely by reason of section Page 18 of 27 ALL23'769 DDX S.L.C. I 1 301 of the 'Taxpayer Certainty and Dis- 2 aster Tax Relief Act of 2020. 3 (ii) Covell-19 EXCEPTION. —Such 4 term shall not include any area with re- 5 spect to which such a major disaster has 6 been so declared only by reason of 7 C0'ID-19. 8 (2) QUALIFIED DISASTER. —The term "quali- 9 fled disaster" means, with respect to any qualified 10 disaster area, the disaster by reason of which a 11 major disaster was declared with respect to such 12 area. 13 (3) INCIDENT PERTon.—The term "incident pe- 14 riod" means, with respect to any qualified disaster, 15 the period specified by the Federal Emergency AIan- 16 ageinent Agency as the period during which such 17 disaster occurred (except that for purposes of this 18 title such period shall not be treated as ending after 19 the date which is 30 clays after the (late of the en- 20 actment of this Act). 21 (b) SPECIAL ELITLES FOR QUaLIFIED DISASTER-RE- 22 L ATED PERSONAL CASUALTY IjOssEs.- 23 (1) IN GENERAL. —If an individual has a net 24 disaster loss for any taxable year — Page 19 of 27 ALL23'769 DDX S.L.C. 4 1 (A) the amount determined under section 2 165(h)(2)(A)(ii) of the Internal Revenue Code 3 of 1986 shall be equal to the sum of- 4 (i) such net disaster loss, and 5 (ii) so much of the excess referred to 6 in the matter preceding clause (1) of see- 7 tion 165(h)(2)(A) of such Code (reduced 8 by the amount in clause (i) of this sub- 9 paragraph) as exceeds 10 percent of the 10 adjusted gross income of the individual, 11 (B) in the case of qualified disaster -related 12 personal casualty losses, section 165(h)(1) of 13 such Code shall be applied to by substituting 14 "$500" for "$500 ($100 for taxable years be- 15 ginning after December 31, 2009)", 16 (C) the standard deduction determined 17 under section 63(c) of such Code shall be in- 18 creased by the net disaster loss, and 19 (D) section 56(b)(1)(E) of such Code shall 20 not apply to so much of the standard deduction 21 as is attributable to the increase under sub- 22 paragraph (C) of this paragraph. 23 (2) NET DIS1LSTER Loss. —For purposes of this 24 subsection, the term "net disaster loss" means the 25 excess of qualified disaster -related personal casualty Page 20 of 27 ALL23'769 JMX S.L.C. 1 losses over personal casualty gains (as defined in 2 section 165(h)(3)(A) of the Internal Pevenue Code 3 of 1986). 4 (3) QUATAFTED DISASTER -RELATED PERSONAL 5 CASUALTY LOSSES. —For purposes of this sub- 6 section, the term "qualified disaster -related personal 7 casualty losses" means losses described in section 8 165(c)(3) of the Internal Revenue Code of 1956 9 which arise in a qualified disaster area on or after 10 the first day of the incident period of the qualified 11 disaster to which such area relates, and which are 12 attributable to such qualified disaster. 13 (e) TREATMENT OF CERTAIN POSSESSIONS.- 14 (1) PAYMENTS TO POSSESSIONS WITH MIRROR 15 CODE TAN SYSTEMS. —The Secretary of the Treas- 16 ury shall pay to each possession of the United States 17 which has a mirror code tax system amounts equal 18 to the loss (if any to that possession by reason of 19 the application of the provisions of this section. Such 20 amounts shall be determined by the Secretary of the 21 Treasury based on information provided by the gov- 22 ernment of the respective possession. 23 (2) PAYMENTS TO OTHER POSSESSIONS. —The 24 Secretary of the Treasury shall pay to each posses- 25 sion of the United States which does not have a inir- Page 21 of 27 ALL23'769 JMX S.L.C. 6 1 ror code tax system amounts estimated by the Sec- 2 retary of the Treasury as being equal to the aggre- 3 gate benefits (if any) that would have been provided 4 to residents of such possession by reason of the pro- s visions of this section if a mirror code tax system 6 had been in effect in such possession. The preceding 7 sentence shall not apply unless the respective posses- 8 sion has a plan, which has been approved by the 9 Secretary of the Treasury, under which such posses- 10 sion will promptly distribute such payments to its 11 residents. 12 (3) MIREOIA CODE TAX SYSTEM. —For purposes 13 of this subsection, the term "mirror code tax sys- 14 tem" means, with respect to any possession of the 15 United States, the income tax system of such posses- 16 sion if the income tax liability of the residents of 17 such possession under such system is determined by 18 reference to the income tax laws of the United 19 States as if such possession were the United States. 20 (4) TREATMENT or PAYMENTS. —For purposes 21 of section 1324 of title 311, United States Code, the 22 payments under this subsection shall be treated in 23 the same manner as a refund due from a credit pro- 24 vision referred to in subsection (b)(2) of such sec- 25 Lion. Page 22 of 27 ALL23'769 DDX S.L.C. 7 1 (5) COORDINATION WITII TTNTTED STATES IN- 2 COME TAXES. —In the case of any person with re- 3 spect to whom a tax benefit is taken into account 4 with respect to the taxes imposed by any possession 5 of the United States by reason of this subsection, 6 the Internal Revenue Code of 1986 shall be applied 7 with respect to such person «,ithout regard to the 8 provisions of this subsection which provide such ben- 9 efit. 10 SEC. 4. DISASTER RELIEF SUPPLEMENTAL APPROPRIA.- 11 TIONS ACT, 2023 AMENDMENT. 12 Title I of the Disaster Relief Supplemental Appro- 13 priations Act, 2023 (division N of Public Law 117-328), 14 is amended, in the matter under the heading "OFFICE OF 15 THE SECRETARY" under the heading "PROCESSING, RE- 16 SEARCH AND MARKETING" Luider the heading "AGRI- 17 CULTURAL PROGRAMS" under the heading "DE- 18 PARTNIEN T OF AGRICULTURE", by inserting ": Pro- 19 vided further, That the Sect etai y of Agriculture may pro- 20 Aide assistance for losses described under this heading in 21 this Act in the form of block grants to eligible States and 22 territories" before the period at the end. Page 23 of 27 ALT2�769 DDX S.L.O. 1 SEC. 5. REHABILITATION AND REPAIR OF FLOOD AND 2 STORM DAMAGE REDUCTION PROJECTS. 3 Any requirement under section 103 of the Water Ee- 4 sources Development Act of 1956 (33 U.S.C. 2213) with 5 respect to easements shall not apply to construction or re- 6 habilitation and repair of damages to shore protection 7 projects caused by natural disasters using amounts made 8 available to the Corps of Engineers for flood and storm 9 damage reduction prof eets. 10 SEC. 6. DEPARTMENT OF DEFENSE ASSESSMENT. 11 (a) IN GENEYL�-L.—Not later than 30 days after the 12 date of the enactment of this Act, the Secretary of Defense 13 shall submit to Congress a report assessing damage from 14 Hurricane Idalia, to Department of Defense bases and in- 15 stallations in the state of Florida. 16 (b) ELEMENTS. —The report required under sub- 17 section (a) shall include- 18 (1) an assessment of the impact to Department 19 of Defense operations; and 20 (2) an estimate of costs to repair damages and 21 restore bases and installations to full readiness. 22 SEC. 7. EMERGENCY DESIGNATION. 23 (a) IN GENEE-AL.—The amounts provided by this Act 24 are designated as an emergency requirement pursuant to 25 section 4(g) of the Statutory Pay -As -You -Go Act of 2010 26 (2 U.S.C. 933(g)). Page 24 of 27 ALL23'769 JMX S.L.C. 9 1 (b) DESIGNATION IN HOUSE AND ,SENATE. —The 2 amounts provided by this Act are designated as being for 3 an emergency requirement pursuant to section 4001(a)(1) 4 of S. Con. Res. 14 (117th Congress), the concurrent reso- 5 lotion on the budget for fiscal year 2022, and section 1(e) 6 of H. Res. 1151 (117th Congress), as engrossed in the 7 House of Representatives on June b, 2022. Page 25 of 27 � DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS WASHINGTON, D.C. 20314-1000 CECW-HS 26 May 2023 MEMORANDUM FOR COMMANDER, SOUTH ATLANTIC DIVISION SUBJECT: Approval of the Rehabilitation Effort for the St. Lucie County — South Hutchinson, Coastal Storm Risk Management (CSRM) Project, Florida 1. References: a. Engineer Regulation 500-1-1, 1 September 2001, Civil Emergency Management Program. b. Memorandum, CECW-HS, 30 May 2017, Subject: Implementation Guidance for Section 3029(a)(2) of the Water Resources Reform and Development Act (WRRDA) of 2014, Emergency Response to Natural Disasters; Repair or Restoration of Coastal Storm Risk Management Projects to Design Level of Protection. c. Memorandum, CECW-ZA, 21 Oct 2021, Subject: Disaster Relief Supplemental Appropriations Act, 2022 (Public Law 117-43) Procedural Guidance Memorandum - Flood Control and Coastal Emergencies (FCCE). d. Memorandum, CECW-HS, 4 November 2023, Subject: Hurricane Ian — Declaration of Extraordinary Storm. e. Memorandum, CESAD-DDR-E, 15 May 2023, Subject: Community Request for Federal Assistance to Rehabilitate St. Lucie County — South Hutchinson, Coastal Storm Risk Management (CSRM) Project, Florida. 2. Reference 1.e. and enclosure have been reviewed in accordance with the criteria set forth in References 1.a. — 1.c., and recommended alternative is approved. All required perpetual easements will need to be acquired prior to commencement of Public Law 84- 99 restoration activities. 3. 1 also approve the analysis and determination that Hurricane Nicole impacted this project as an "extraordinary storm." 4. The economic justification in this Project Information Report (PIR) demonstrates a positive project benefit to cost ratio. If the total projected FCCE cost exceeds $9,500,000, then a resubmittal to CECW-HS with updated information for approval will be required. Page 26 of 27 CECW-HS SUBJECT: Approval of the Rehabilitation Effort for the St. Lucie County — South Hutchinson, Coastal Storm Risk Management (CSRM) Project, Florida 5. Funding for this rehabilitation will be subject to the prioritization and availability of FCCE funds. Unless otherwise approved by CECW-HS, transmitted FCCE funds may be retained for a period no later than 180 days from project physical completion. 6. The point of contact for this action is Mr. Willem Helms, PL 84-99 Program Manager, at willem.h.helms@usace.army.mil or (202) 761-5909. STEPHEN L. HILL, PMP, SES Director of Contingency Operations, Homeland Security and Northwestern Division/Pacific Ocean Division RIT Leader E Page 27 of 27