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I
116TH CONGRESS
1ST SESSION H. R. 2132
To exempt certain structures from removal from Army Corps of Engineers
property on Table Rock Lake, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 8, 2019
Mr. LONG introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure
A BILL
To exempt certain structures from removal from Army Corps
of Engineers property on Table Rock Lake, and for
other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. TABLE ROCK LAKE ENCROACHMENT.
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(a) IN GENERAL.—The Secretary shall—
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(1) suspend any activities to require eligible
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property owners to remove eligible structures; and
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(2) offer to an eligible property owner a convey-
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ance or release that—
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(A) for an eligible structure located on fee
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land, conveys by quitclaim deed the minimum
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land required to maintain the eligible structure,
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reserving the right to flood the land, if applica-
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ble;
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(B) for an eligible structure located on
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land subject to a flowage easement, releases by
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quitclaim deed the easement prohibition; and
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(C) provides that—
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(i) the eligible structure shall not be
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extended further onto fee land or land sub-
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ject to the flowage easement;
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(ii) additional structures for human
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habitation shall not be placed on fee land
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or land subject to the flowage easement;
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(iii) the United States shall not be lia-
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ble or responsible for damage to the eligi-
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ble structure caused by the operation of
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the Lake; and
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(iv) no claim to compensation shall ac-
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crue from the exercise of any flowage ease-
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ment right.
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(b) DEFINITIONS.—In this section:
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(1) EASEMENT PROHIBITION.—The term ‘‘ease-
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ment prohibition’’ means the rights acquired by the
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United States, in a flowage easement, to prohibit
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structures for human habitation on land subject to
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the easement.
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(2) ELIGIBLE
PROPERTY
OWNER.—The term
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‘‘eligible property owner’’ means a person who owns
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an eligible structure.
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(3) ELIGIBLE STRUCTURE.—The term ‘‘eligible
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structure’’ means a structure for human habitation
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that—
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(A) was constructed before December 23,
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1976; and
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(B) is located on fee land or land subject
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to the flowage easement.
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(4) FEE LAND.—The term ‘‘fee land’’ means
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the land acquired in fee title by the United States
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for the Lake.
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(5) FLOWAGE EASEMENT.—The term ‘‘flowage
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easement’’ means an interest in land acquired by the
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United States that includes the right to flood land
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surrounding the Lake.
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(6) LAKE.—The term ‘‘Lake’’ means the Table
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Rock Lake project of the Corps of Engineers, lo-
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cated in Missouri and Arkansas, authorized as one
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of the multiple-purpose reservoir projects in the
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White River Basin by section 4 of the Act of June
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28, 1938 (52 Stat. 1218).
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(7) SECRETARY.—The term ‘‘Secretary’’ means
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the Secretary of the Army, acting through the Chief
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of Engineers.
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