A bill to require the Secretary of the Army to convey certain Federal property in the State of Ohio to the Friends of Barker House.

II 116TH CONGRESS 2D SESSION S. 3335 To require the Secretary of the Army to convey certain Federal property in the State of Ohio to the Friends of Barker House. IN THE SENATE OF THE UNITED STATES FEBRUARY 25, 2020 Mr. PORTMAN (for himself and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Secretary of the Army to convey certain Federal property in the State of Ohio to the Friends of Barker House. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. JUDGE JOSEPH BARKER, JR., HOUSE, OHIO. 3 (a) DEFINITIONS.—In this section: 4 (1) COUNTY.—The term ‘‘County’’ means 5 Washington County in the State of Ohio. 6 (2) NON-FEDERAL ENTITY.—The term ‘‘non- 7 Federal entity’’ means the Friends of Joseph Bark- 8 VerDate Sep 11 2014 23:18 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3335.IS S3335 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3335 IS er, Jr., House, a nonprofit organization in the State 1 of Ohio. 2 (3) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of the Army. 4 (b) CONVEYANCES.— 5 (1) IN GENERAL.—Subject to subsection (d), 6 the Secretary shall convey to the non-Federal entity, 7 by quitclaim deed and without monetary consider- 8 ation, all right, title, and interest of the United 9 States in and to the real property described in sub- 10 section (c)(1). 11 (2) EASEMENT.—Subject to subsection (d), the 12 Secretary shall provide to the non-Federal entity an 13 easement over the property described in subsection 14 (c)(2). 15 (c) DESCRIPTIONS OF PROPERTY.— 16 (1) IN GENERAL.—The real property referred 17 to in subsection (b)(1) is the following (as in exist- 18 ence on the date of enactment of this Act): 19 (A) JUDGE JOSEPH BARKER, JR., 20 HOUSE.—A certain tract of land situate in the 21 State of Ohio, Washington County, on the Ohio 22 River, and being particularly bounded and de- 23 scribed, as follows: Beginning at a point located 24 on the southern right-of-way line of Ohio Route 25 VerDate Sep 11 2014 23:18 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3335.IS S3335 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3335 IS 7, a new corner to the land now or formerly 1 owned by the United States of America; thence, 2 leaving the right-of-way of said Route 7 and 3 severing the land of said United States of 4 America parallel to and approximately 10’ eas- 5 terly of the toe of the existing dredge disposal 6 berm, Southeasterly approximately 326 feet to 7 a point prior to the current Corps of Engineers 8 access to the dredging spoil area; thence, 9 Northeasterly approximately 480 feet paral- 10 leling the top of the slope to the riverbank side 11 of the house and approximately 25’ northerly 12 therefrom; thence, Northwest approximately 13 302 feet to a point in the Southern Right-of- 14 way of Ohio Route 7; thence with the right-of- 15 way of said Route 7, Southwesterly approxi- 16 mately 485 feet to the point of beginning, con- 17 taining 3.51 acres, more or less. 18 (B) ROAD TRACT.—A certain tract of land 19 situate in the State of Ohio, Washington Coun- 20 ty, on the Ohio River, and being particularly 21 bounded and described, as follows: Beginning at 22 a point located on the southern right-of-way 23 line of Ohio Route 7, a new corner to the land 24 now or formerly owned by the United States of 25 VerDate Sep 11 2014 23:18 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3335.IS S3335 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3335 IS America; thence, leaving the right-of-way of 1 said Route 7 and severing the land of said 2 United States of America and with the House 3 Parcel Southeasterly 25 feet; thence, Northeast, 4 running parallel to said Route 7 right-of-way, 5 approximately 994 feet to a point of deflection; 6 thence northeasterly 368 feet to a point beyond 7 the existing fence corner; thence, east 140 feet 8 to the edge of the existing Willow Island access 9 road; thence with said access road, Northwest- 10 erly approximately 62 feet to a point in the 11 Southern Right-of-way of Ohio Route 7; thence 12 with the right-of-way of said Route 7, South- 13 westerly approximately 1491 feet to the point of 14 beginning, containing 1 acre, more or less. 15 (2) EASEMENT.—A certain tract of land situate 16 in the State of Ohio, Washington County, on the 17 Ohio River, and being particularly bounded and de- 18 scribed, as follows: Beginning at a point at the inter- 19 section of the southern right-of-way of Ohio Route 20 7 and the northeast side of the existing Willow Is- 21 land access road, a new corner to the land now or 22 formerly owned by the United States of America; 23 thence, southwest, running with said Route 7 right- 24 of-way, approximately 30 feet to a point on the 25 VerDate Sep 11 2014 23:18 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3335.IS S3335 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3335 IS southwest side of the existing access road, and cor- 1 ner to the road tract; thence with said access road 2 and the line of the road parcel, Southeasterly ap- 3 proximately 62 feet to a point; thence leaving the 4 road parcel and crossing the existing access road 5 Northeasterly approximately 30 feet to a point lo- 6 cated on the Northeast side of the existing access 7 road; thence, northwesterly approximately 62 feet, to 8 the point of beginning, containing 0.04 acre, more or 9 less. 10 (d) REQUIREMENTS.— 11 (1) IN GENERAL.—The Secretary, in consulta- 12 tion with the non-Federal entity and relevant stake- 13 holders, shall make such improvements and alter- 14 ations to the property described in subsection 15 (c)(1)(A) as the Secretary, in consultation with the 16 non-Federal entity, determines to be appropriate to 17 facilitate conveyance of the property under this sec- 18 tion, including carrying out subparagraphs (A) and 19 (B) of paragraph (2), subject to the condition that 20 the total cost of those improvements and alterations 21 shall be not more than $90,000. 22 (2) SURVEYS; STUDY.— 23 (A) SURVEYS.—The exact acreage and 24 legal descriptions of the property conveyed 25 VerDate Sep 11 2014 23:18 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3335.IS S3335 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3335 IS under this section shall be determined by 1 or 1 more surveys that are satisfactory to the Sec- 2 retary. 3 (B) STUDY; REPORT.—Before providing a 4 conveyance or easement under this section, the 5 Secretary shall— 6 (i) conduct, with respect to the prop- 7 erty conveyed under this section, an envi- 8 ronmental condition of the property report, 9 including an investigation of any potential 10 hazardous, toxic, and radioactive waste; 11 and 12 (ii) submit to the non-Federal entity a 13 report describing the results of the study 14 under clause (i). 15 (C) REMEDIATION.—Before transferring 16 any property to the non-Federal entity under 17 this section, the Secretary shall comply with the 18 applicable requirements of section 120(h) of the 19 Comprehensive Environmental Response, Com- 20 pensation, and Liability Act of 1980 (42 U.S.C. 21 9620(h)). 22 (D) REFUSAL BY NON-FEDERAL ENTITY.— 23 (i) IN GENERAL.—On completion and 24 review by the non-Federal entity of the 25 VerDate Sep 11 2014 23:18 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3335.IS S3335 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3335 IS study under subparagraph (B), the non- 1 Federal entity may elect to refuse any con- 2 veyance or easement under paragraph (1) 3 or (2) of subsection (b), respectively. 4 (ii) TREATMENT.—An election under 5 clause (i)— 6 (I) shall be at the sole discretion 7 of the non-Federal entity; 8 (II) may be based on disapproval 9 by the non-Federal entity of the envi- 10 ronmental condition of a tract to be 11 conveyed or subject to an easement; 12 and 13 (III) shall be made by the non- 14 Federal entity by not later than the 15 date that is 30 days after the date of 16 submission of the report under sub- 17 paragraph (B)(ii). 18 (3) RESERVATION OF RIGHTS.—The Secretary 19 may reserve and retain from any conveyance under 20 this section a right-of-way or any other right as the 21 Secretary determines to be necessary for the oper- 22 ation and maintenance of the authorized Federal 23 channel along the Ohio River. 24 VerDate Sep 11 2014 23:18 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3335.IS S3335 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3335 IS (4) DREDGED MATERIAL PLACEMENT ACTIVI- 1 TIES.—The Secretary shall— 2 (A) notify and coordinate with the non- 3 Federal entity and relevant stakeholders before 4 carrying out any dredged material placement 5 activities after the date of the conveyances 6 under this section; and 7 (B) in carrying out a dredged material 8 placement activity under subparagraph (A), act 9 in accordance with Engineer Manual EM 1110– 10 2–5025 (or a subsequent version of that man- 11 ual). 12 (e) TREATMENT.—Completion of the conveyances 13 under this section shall satisfy all obligations of the Sec- 14 retary with respect to the property described in subsection 15 (c)(1)(A) under— 16 (1) section 306101 of title 54, United States 17 Code; and 18 (2) section 306108 of title 54, United States 19 Code, with respect to the effects on the property of 20 dredged material placement activities carried out by 21 the Secretary after the date of the conveyances. 22 (f) CONSIDERATION.—As consideration for the con- 23 veyance and easement provided by this section, the non- 24 Federal entity shall hold the United States harmless from 25 VerDate Sep 11 2014 23:18 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3335.IS S3335 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3335 IS any liability with respect to any activity carried out by 1 a Federal officer or employee within the scope of the du- 2 ties of the officer or employee on the applicable property 3 on or after the effective date of the conveyance or ease- 4 ment. 5 (g) INAPPLICABILITY.—The following shall not apply 6 to any conveyance or easement provided under this sec- 7 tion: 8 (1) Section 2696 of title 10, United States 9 Code. 10 (2) Subtitle I of title 40, and chapter 4 of title 11 41, United States Code (formerly known as the 12 ‘‘Federal Property and Administrative Services Act 13 of 1949’’). 14 (3) The National Environmental Policy Act of 15 1969 (42 U.S.C. 4321 et seq.). 16 (4) Division A of subtitle III of title 54, United 17 States Code (formerly known as the ‘‘National His- 18 toric Preservation Act’’). 19 Æ VerDate Sep 11 2014 23:18 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S3335.IS S3335 pamtmann on DSKBC07HB2PROD with BILLS