Agenda - Public Works Committee - 10/20/2020

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S. 3021-37 (1) ELIGIBLE PROPERTY OWNER. —The term "eligible prop- erty owner" means the owner of a property— (A)(i) described in Scenario A, B, C, or D in the Plan; or (ii) that consists of vacant land located above 534 feet mean sea level that is encumbered by a Rough River Lake flowage easement; and (B) for which the Rough River Lake flowage easement is not required to address backwater effects. (2) PLAN. —The term "Plan" means the Rough River Lake Flowage Easement Encroachment Resolution Plan of the Corps of Engineers, dated January 2017. (b) PROHIBITION ON ASSESSING ADMINISTRATIVE FEES. —Not- withstanding any other provision of law, in carrying out the Plan, the Secretary may not impose on or collect from any eligible prop- erty owner any administrative fee, including— (1) a fee to pay the costs to the Corps of Engineers of processing requests to resolve encroachments under the Plan; (2) fees for deed drafting and surveying; and (3) any other administrative cost incurred by the Corps of Engineers in implementing the Plan. (C) REFUND OF ADMINISTRATIVE FEES. —In the case of an eligible property owner who has paid any administrative fees described in paragraphs (1) through (3) of subsection (b) to the Corps of Engineers, the Corps of Engineers shall refund those fees on request of the eligible property owner. (d) SAVINGS PROVISION. —Nothing in this section affects the responsibility or authority of the Secretary to continue carrying out the Plan, including any work necessary to extinguish the flow- age easement of the United States with respect to the property of any eligible property owner. SEC. 1176. PRECONSTRUCTION ENGINEERING DESIGN DEMONSTRA- TION PROGRAM. (a) DEFINITION OF ENVIRONMENTAL IMPACT STATEMENT. —In this section, the term "environmental impact statement" means the detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (b) DEMONSTRATION PROGRAM. —The Secretary shall establish a demonstration program to allow a project authorized to execute pursuant to section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b-13) (as in effect on the day before the date of enactment of the Water Resources Reform and Development Act of 2014 (128 Stat. 1193)) to begin preconstruction engineering and design on a determination by the Secretary that the project is technically feasible, economically justified, and environmentally acceptable. (c) REQUIREMENTS. —For each project authorized to begin preconstruction engineering and design under subsection (b)— (1) the project shall conform to the feasibility study and the environmental impact statement approved by the Secretary;