Sec. 3602. Use of trailer homes at Heart Butte Dam and Reservoir (Lake Tschida)
857 words·~4 min read·
/bill/114/s/612/enr/section-3602·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term addition means any enclosed structure added onto the structure of a trailer home that increases the living area of the trailer home. The term camper or recreational vehicle includes— a camper, motorhome, trailer camper, bumper hitch camper, fifth wheel camper, or equivalent mobile shelter; and a recreational vehicle. The term immediate family means a spouse, grandparent, parent, sibling, child, or grandchild. The term permit means a permit issued by the Secretary authorizing the use of a lot in a trailer area.
The term permit year means the period beginning on April 1 of a calendar year and ending on March 31 of the following calendar year. The term permittee means a person holding a permit. The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. The term trailer area means any of the following areas at Heart Butte Dam and Reservoir (Lake Tschida) (as described in the document of the Bureau of Reclamation entitled Heart Butte Reservoir Resource Management Plan (March 2008)):
Trailer Area 1 and 2, also known as Management Unit 034. Southside Trailer Area, also known as Management Unit 014. The term trailer home means a dwelling placed on a supporting frame that— has or had a tow-hitch; and is made mobile, or is capable of being made mobile, by an axle and wheels. The Secretary shall use the same permit renewal process for trailer area permits as the Secretary uses for other permit renewals in other reservoirs in the State of North Dakota administered by the Dakotas Area Office of the Bureau of Reclamation.
With respect to a trailer home, a permit for each permit year shall authorize the permittee— to park the trailer home on the lot; to use the trailer home on the lot; to physically move the trailer home on and off the lot; and to leave on the lot any addition, deck, porch, entryway, step to the trailer home, propane tank, or storage shed. With respect to a camper or recreational vehicle, a permit shall, for each permit year— from April 1 to October 31, authorize the permittee— to park the camper or recreational vehicle on the lot; to use the camper or recreational vehicle on the lot; and to move the camper or recreational vehicle on and off the lot; and from November 1 to March 31, require a permittee to remove the camper or recreational vehicle from the lot.
The Secretary may require removal of a trailer home from a lot in a trailer area if the trailer home is flooded after the date of enactment of this Act. If the Secretary requires removal of a trailer home under paragraph (1), on request by the permittee, the Secretary shall authorize the permittee— to replace the trailer home on the lot with a camper or recreational vehicle in accordance with this section; or to place a trailer home on the lot from April 1 to October 31. If a permittee transfers title to a trailer home permitted on a lot in a trailer area, the Secretary shall issue a permit to the transferee, under the same terms as the permit applicable on the date of transfer, subject to the conditions described in paragraph (3).
If a permittee who has a permit to use a camper or recreational vehicle on a lot in a trailer area transfers title to the interests of the permittee on or to the lot, the Secretary shall issue a permit to the transferee, subject to the conditions described in paragraph (3). A permit issued by the Secretary under paragraph
(1)or
(2)shall be subject to the following conditions: A permit may not be held in the name of a corporation. A permittee may not have an interest in, or control of, more than 1 seasonal trailer home site in the Great Plains Region of the Bureau of Reclamation, inclusive of sites located on tracts permitted to organized groups on Reclamation reservoirs. Not more than 2 persons may be permittees under 1 permit, unless— approved by the Secretary; or the additional persons are immediate family members of the permittees. The Secretary shall require compliance with appropriate anchoring requirements for each trailer home (including additions to the trailer home) and other objects on a lot in a trailer area, as determined by the Secretary, after consulting with permittees. Permittees may replace their trailer home with another trailer home. Permittees may— remove their trailer home; and if the permittee removes their trailer home under subparagraph (A), return the trailer home to the lot of the permittee. The United States shall not be liable for flood damage to the personal property of a permittee or for damages arising out of any act, omission, or occurrence relating to a lot to which a permit applies, other than for damages caused by an act or omission of the United States or an employee, agent, or contractor of the United States before the date of enactment of this Act. Any temporary flooding or flood damage to the personal property of a permittee shall not be a taking by the United States.