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S. 4949IntroducedSenate · nowHousePresidentLawIn committee
Sec. 1310 · S. 4949

Lake Eufaula, Oklahoma

Division A — Water resources development › Title III — Deauthorizations and Modifications

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No wording changed between Introduced and Committee version.

How the text changed

Introduced · Sec. 1310

(a) In general The Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an encroachment resolution plan for the project for flood control, navigation, and other purposes at Lake Eufaula, Oklahoma, authorized by the first section of the Act of July 24, 1946 (60 Stat. 635, chapter 595). (b) Requirements Subject to subsection (c), the encroachment resolution plan under subsection (a) shall include— (1) a description of the nature and number of encroachments; (2) a description of the circumstances that contributed to the development of the encroachments; (3) an assessment of the impact of the encroachments on the operation and maintenance of the project described in subsection (a) for the authorized purposes of the project; (4) an analysis of alternatives to the removal of encroachments to mitigate any impacts identified in the assessment under paragraph (3); (5) a description of any actions necessary or advisable to prevent further encroachments; (6) an estimate of the cost and timeline to carry out the plan, including any actions identified under paragraph (5); and (7) potential options for the resolution of the encroachments, including— (A) administrative agreements; (B) easements; (C) licenses; and (D) other appropriate real estate instruments. (c) Restriction To the maximum extent practicable, the encroachment resolution plan under subsection (a) shall minimize adverse impacts to private landowners while maintaining the functioning of the project described in that subsection for the authorized purposes of the project. (d) Notice and public comment (1) Notice to owners In carrying out subsection (a), not later than 30 days after the Secretary identifies an encroachment, the Secretary shall notify the owner of the encroachment. (2) Public comment The Secretary shall provide an opportunity for the public to comment on the encroachment resolution plan under subsection (a) before the completion of the plan. (e) Moratorium The Secretary shall not take action to compel removal of an encroachment covered by the encroachment resolution plan under subsection (a) unless Congress specifically authorizes such action. (f) Savings provision Nothing in this section— (1) grants any rights to the owner of an encroachment; or (2) imposes any liability on the United States for operation and maintenance of the project described in subsection (a) for the authorized purposes of the project.

•S 4949 ISSEC. 1310
Committee version · Sec. 1310

(a) In general The Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an encroachment resolution plan for the project for flood control, navigation, and other purposes at Lake Eufaula, Oklahoma, authorized by the first section of the Act of July 24, 1946 (60 Stat. 635, chapter 595). (b) Requirements Subject to subsection (c), the encroachment resolution plan under subsection (a) shall include— (1) a description of the nature and number of encroachments; (2) a description of the circumstances that contributed to the development of the encroachments; (3) an assessment of the impact of the encroachments on the operation and maintenance of the project described in subsection (a) for the authorized purposes of the project; (4) an analysis of alternatives to the removal of encroachments to mitigate any impacts identified in the assessment under paragraph (3); (5) a description of any actions necessary or advisable to prevent further encroachments; (6) an estimate of the cost and timeline to carry out the plan, including any actions identified under paragraph (5); and (7) potential options for the resolution of the encroachments, including— (A) administrative agreements; (B) easements; (C) licenses; and (D) other appropriate real estate instruments. (c) Restriction To the maximum extent practicable, the encroachment resolution plan under subsection (a) shall minimize adverse impacts to private landowners while maintaining the functioning of the project described in that subsection for the authorized purposes of the project. (d) Notice and public comment (1) Notice to owners In carrying out subsection (a), not later than 30 days after the Secretary identifies an encroachment, the Secretary shall notify the owner of the encroachment. (2) Public comment The Secretary shall provide an opportunity for the public to comment on the encroachment resolution plan under subsection (a) before the completion of the plan. (e) Moratorium The Secretary shall not take action to compel removal of an encroachment covered by the encroachment resolution plan under subsection (a) unless Congress specifically authorizes such action. (f) Savings provision Nothing in this section— (1) grants any rights to the owner of an encroachment; or (2) imposes any liability on the United States for operation and maintenance of the project described in subsection (a) for the authorized purposes of the project.

•S 4949 RSSEC. 1310

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Sec. 1310: Lake Eufaula, Oklahoma · Public Law Tracker