Sec. 5001. Deauthorizations

2,723 words·~12 min read·/bill/114/s/2848/es/section-5001·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Subject to paragraph (2), the portions of the project for navigation, Valdez, Alaska, identified as Tract G, Harbor Subdivision, shall not be subject to navigation servitude beginning on the date of enactment of this Act. The Federal Government may enter on the property referred to in paragraph

(1)to carry out any required operation and maintenance of the general navigation features of the project described in paragraph (1). The portion of the project for flood protection on Red River Below Denison Dam, Arkansas, Louisiana and Texas, authorized by section 10 of the Flood Control Act of 1946 (60 Stat. 647, chapter 596), consisting of the portion of the West Agurs Levee that begins at lat. 32°32’50.86” N., by long. 93°46’16.82” W., and ends at lat. 32° 31’22.79” N., by long. 93° 45’ 2.47” W., is no longer authorized beginning on the date of enactment of this Act. The separable element constituting the locally preferred plan increment reflected in the report of the Chief of Engineers dated March 12, 2014, and authorized for construction under section 7002(2)(8) of the Water Resources Reform and Development Act of 2014 ( Public Law 113–121 ; 128 Stat. 1366) is no longer authorized beginning on the date of enactment of this Act. The deauthorization under paragraph

(1)does not affect— the national economic development plan separable element reflected in the report of the Chief of Engineers dated March 12, 2014, and authorized for construction under section 7002(2)(8) of the Water Resources Reform and Development Act of 2014 ( Public Law 113–121 ; 128 Stat. 1366); or previous authorizations providing for the Sacramento River and major and minor tributaries project, including— section 2 of the Act of March 1, 1917 (39 Stat. 949; chapter 144); section 12 of the Act of December 22, 1944 (58 Stat. 900; chapter 665); section 204 of the Flood Control Act of 1950 (64 Stat. 177; chapter 188); and any other Acts relating to the authorization for the Sacramento River and major and minor tributaries project along the Feather River right bank between levee stationing 1483+33 and levee stationing 2368+00. The portion of the project for navigation, Stonington Harbor, Connecticut, authorized by the Act of May 23, 1828 (4 Stat. 288; chapter 73) that consists of the inner stone breakwater that begins at coordinates N. 682,146.42, E. 1231,378.69, running north 83.587 degrees west 166.79' to a point N. 682,165.05, E. 1,231,212.94, running north 69.209 degrees west 380.89' to a point N. 682,300.25, E. 1,230,856.86, is no longer authorized as a Federal project beginning on the date of enactment of this Act. Beginning on the date of enactment of this Act, commercial navigation at the locks and dams identified in the report of the Chief of Engineers entitled Green River Locks and Dams 3, 4, 5, and 6 and Barren River Lock and Dam 1, Kentucky and dated April 30, 2015, shall no longer be authorized, and the land and improvements associated with the locks and dams shall be— disposed of consistent with paragraph (2); and subject to such terms and conditions as the Secretary determines to be necessary and appropriate in the public interest. The Secretary shall convey to the Rochester Dam Regional Water Commission all right, title, and interest of the United States in and to Green River Lock and Dam 3, located in Ohio County and Muhlenberg County, Kentucky, together with any improvements on the land. The Secretary shall convey to Butler County, Kentucky, all right, title, and interest of the United States in and to Green River Lock and Dam 4, located in Butler County, Kentucky, together with any improvements on the land. The Secretary shall convey to the State of Kentucky, a political subdivision of the State of Kentucky, or a nonprofit, nongovernmental organization all right, title, and interest of the United States in and to Green River Lock and Dam 5 for the express purposes of— removing the structure from the river at the earliest feasible time; and making the land available for conservation and public recreation, including river access. The Secretary shall transfer to the Secretary of the Interior administrative jurisdiction over the portion of Green River Lock and Dam 6, Edmonson County, Kentucky, that is located on the left descending bank of the Green River, together with any improvements on the land, for inclusion in Mammoth Cave National Park. The Secretary shall transfer to the State of Kentucky all right, title, and interest of the United States in and to the portion of Green River Lock and Dam 6, Edmonson County, Kentucky, that is located on the right descending bank of the Green River, together with any improvements on the land, for use by the Department of Fish and Wildlife Resources of the State of Kentucky for the purposes of— removing the structure from the river at the earliest feasible time; and making the land available for conservation and public recreation, including river access. The Secretary shall convey to the State of Kentucky, all right, title, and interest of the United States in and to Barren River Lock and Dam 1, located in Warren County, Kentucky, together with any improvements on the land, for use by the Department of Fish and Wildlife Resources of the State of Kentucky for the purposes of— removing the structure from the river at the earliest feasible time; and making the land available for conservation and public recreation, including river access. The exact acreage and legal description of any land to be disposed of, transferred, or conveyed under this subsection shall be determined by a survey satisfactory to the Secretary. A conveyance under subparagraph (A), (B), (D), or

(E)of paragraph

(2)shall be accomplished by quitclaim deed and without consideration. The Secretary shall be responsible for all administrative costs associated with a transfer or conveyance under this subsection, including the costs of a survey carried out under subparagraph (A). If the Secretary determines that the land transferred or conveyed under this subsection is not used by a non-Federal entity for a purpose that is consistent with the purpose of the transfer or conveyance, all right, title, and interest in and to the land, including any improvements on the land, shall revert, at the discretion of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the land. The portions of the project for navigation, Essex River, Massachusetts, authorized by the first section of the Act of July 13, 1892 (27 Stat. 96, chapter 158), and modified by the first section of the Act of March 3, 1899 (30 Stat. 1133, chapter 425), and the first section of the Act of March 2, 1907 (34 Stat. 1075, chapter 2509), that do not lie within the areas described in paragraph

(2)are no longer authorized beginning on the date of enactment of this Act. The areas described in this paragraph are— beginning at a point N. 3056139.82, E. 851780.21; running southwesterly about 156.88 feet to a point N. 3055997.75, E. 851713.67; running southwesterly about 64.59 feet to a point N. 3055959.37, E. 851661.72; running southwesterly about 145.14 feet to a point N. 3055887.10, E. 851535.85; running southwesterly about 204.91 feet to a point N. 3055855.12, E. 851333.45; running northwesterly about 423.50 feet to a point N. 3055976.70, E. 850927.78; running northwesterly about 58.77 feet to a point N. 3056002.99, E. 850875.21; running northwesterly about 240.57 feet to a point N. 3056232.82, E. 850804.14; running northwesterly about 203.60 feet to a point N. 3056435.41, E. 850783.93; running northwesterly about 78.63 feet to a point N. 3056499.63, E. 850738.56; running northwesterly about 60.00 feet to a point N. 3056526.30, E. 850684.81; running southwesterly about 85.56 feet to a point N. 3056523.33, E. 850599.31; running southwesterly about 36.20 feet to a point N. 3056512.37, E. 850564.81; running southwesterly about 80.10 feet to a point N. 3056467.08, E. 850498.74; running southwesterly about 169.05 feet to a point N. 3056334.36, E. 850394.03; running northwesterly about 48.52 feet to a point N. 3056354.38, E. 850349.83; running northeasterly about 83.71 feet to a point N. 3056436.35, E. 850366.84; running northeasterly about 212.38 feet to a point N. 3056548.70, E. 850547.07; running northeasterly about 47.60 feet to a point N. 3056563.12, E. 850592.43; running northeasterly about 101.16 feet to a point N. 3056566.62, E. 850693.53; running southeasterly about 80.22 feet to a point N. 3056530.97, E. 850765.40; running southeasterly about 99.29 feet to a point N. 3056449.88, E. 850822.69; running southeasterly about 210.12 feet to a point N. 3056240.79, E. 850843.54; running southeasterly about 219.46 feet to a point N. 3056031.13, E. 850908.38; running southeasterly about 38.23 feet to a point N. 3056014.02, E. 850942.57; running southeasterly about 410.93 feet to a point N. 3055896.06, E. 851336.21; running northeasterly about 188.43 feet to a point N. 3055925.46, E. 851522.33; running northeasterly about 135.47 feet to a point N. 3055992.91, E. 851639.80; running northeasterly about 52.15 feet to a point N. 3056023.90, E. 851681.75; and running northeasterly about 91.57 feet to a point N. 3056106.82, E. 851720.59. The project for navigation at Hannibal Small Boat Harbor on the Mississippi River, Hannibal, Missouri, authorized by section 101 of the River and Harbor Act of 1950 ( Public Law 81–516 ; 64 Stat. 166, chapter 188), is no longer authorized beginning on the date of enactment of this Act, and any maintenance requirements associated with the project are terminated. In this paragraph, the term flowage easement means the flowage easements identified as tracts 302E–1 and 304E–1 on the easement deeds recorded as instruments in Hood River County, Oregon, as follows: A flowage easement dated October 3, 1936, recorded December 1, 1936, book 25 at page 531 (records of Hood River County, Oregon), in favor of United States (302E–1–Perpetual Flowage Easement from October 5, 1937, October 5, 1936, and October 3, 1936) (previously acquired as tracts OH–36 and OH–41 and a portion of tract OH–47). A flowage easement recorded October 17, 1936, book 25 at page 476 (records of Hood River County, Oregon), in favor of the United States, that affects that portion below the 94-foot contour line above main sea level (304 E–1–Perpetual Flowage Easement from August 10, 1937 and October 3, 1936) (previously acquired as tract OH–42 and a portion of tract OH–47). With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, the flowage easements are terminated above elevation 82.4 feet (NGVD29), the ordinary high water mark. The properties described in this paragraph, as recorded in Hood River, County, Oregon, are as follows: Lots 3, 4, 5, and 7 of the Port of Cascade Locks Business Park subdivision, instrument #2014–00436. Parcels 1, 2, and 3 of Hood River County Partition plat No. 2008–25P. The United States shall not be liable for any injury caused by the termination of the easement under this subsection. Nothing in this subsection establishes any cultural or environmental regulation relating to the properties described in paragraph (2). Nothing in this subsection affects any remaining right or interest of the Corps of Engineers in the properties described in paragraph (2). Subject to paragraphs

(2)and (3), unless the Secretary determines, after consultation with local and regional public officials (including local and regional project planning organizations), that there are substantive objections, the following portions of the Delaware River, bounded by the former bulkhead and pierhead lines established by the Secretary of War and successors, are declared to be non-navigable waters of the United States: Piers 70 South through 38 South, encompassing an area bounded by the southern line of Moore Street extended to the northern line of Catherine Street extended, including the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 46, 48, 40, and 38. Piers 24 North through 72 North, encompassing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, including the following piers: 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter. The Secretary shall make the determination under paragraph

(1)separately for each portion of the Delaware River described in subparagraphs

(A)and

(B)of paragraph (1), using reasonable discretion, by not later than 150 days after the date of submission of appropriate plans for that portion. Paragraph

(1)applies only to those parts of the areas described in that paragraph that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities. Any work described in subparagraph

(A)shall be subject to all applicable Federal law (including regulations), including— sections 9 and 10 of the Act of March 3, 1899 (commonly known as the River and Harbors Appropriation Act of 1899 ) ( 33 U.S.C. 401 , 403); section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). The project for flood control, environmental restoration, and recreation, Salt Creek, Graham, Texas, authorized by section 101(a)(30) of the Water Resources Development Act of 1999 ( Public Law 106–53 ; 113 Stat. 278–279), is no longer authorized as a Federal project beginning on the date of enactment of this Act. The non-Federal sponsor for the project described in paragraph

(1)shall hold and save the United States harmless from any claim that has arisen, or that may arise, in connection with the project. The Secretary is authorized to transfer any land acquired by the Federal Government for the project on behalf of the non-Federal sponsor that remains in Federal ownership on or after the date of enactment of this Act to the non-Federal sponsor. If the Secretary determines that the land that is integral to the project described in paragraph

(1)ceases to be owned by the public, all right, title, and interest in and to the land and improvements shall revert, at the discretion of the Secretary, to the United States. In this subsection: The term New Savannah Bluff Lock and Dam has the meaning given the term in section 348( l )(1) of the Water Resources Development Act of 2000 (114 Stat. 2630) (as in effect on the day before the date of enactment of this Act). The term Project means the project for navigation, Savannah Harbor expansion, Georgia, authorized by section 7002(1) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1364). Effective beginning on the date of enactment of this Act— the New Savannah Bluff Lock and Dam is deauthorized; and notwithstanding section 348(l)(2)(B) of the Water Resources Development Act of 2000 (114 Stat. 2630; 114 Stat. 2763A–228) (as in effect on the day before the date of enactment of this Act) or any other provision of law, the New Savannah Bluff Lock and Dam shall not be conveyed to the city of North Augusta and Aiken County, South Carolina, or any other non-Federal entity. Section 348 of the Water Resources Development Act of 2000 (114 Stat. 2630; 114 Stat. 2763A–228) is amended— by striking subsection (l); and by redesignating subsections

(m)and

(n)as subsections ( l ) and (m), respectively. Notwithstanding any other provision of law, the Project is modified to include, as the Secretary determines to be necessary— repair of the lock wall of the New Savannah Bluff Lock and Dam and modification of the structure such that the structure is able— to maintain the pool for navigation, water supply, and recreational activities, as in existence on the date of enactment of this Act; and to allow safe passage via a rock ramp over the structure to historic spawning grounds of Shortnose sturgeon, Atlantic sturgeon, and other migratory fish; or construction at an appropriate location across the Savannah River of a rock weir that is able to maintain the pool for water supply and recreational activities, as in existence on the date of enactment of this Act; and removal of the New Savannah Bluff Lock and Dam on completion of construction of the weir; and conveyance by the Secretary to Augusta-Richmond County, Georgia, of the park and recreation area adjacent to the New Savannah Bluff Lock and Dam, without consideration. The Federal share of the costs of operation and maintenance of any Project feature constructed pursuant to subparagraph

(A)shall be 100 percent.

Connectionstraces to 6

Traces to 6 documents

public-private-law