Sec. 1175. Prohibition of administrative fees in implementing Rough River Lake Flowage Easement Encroachment Resolution Plan
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/bill/115/s/3021/eah/section-1175A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term eligible property owner means the owner of a property— described in Scenario A, B, C, or D in the Plan; or that consists of vacant land located above 534 feet mean sea level that is encumbered by a Rough River Lake flowage easement; and for which the Rough River Lake flowage easement is not required to address backwater effects. The term Plan means the Rough River Lake Flowage Easement Encroachment Resolution Plan of the Corps of Engineers, dated January 2017.
Notwithstanding any other provision of law, in carrying out the Plan, the Secretary may not impose on or collect from any eligible property owner any administrative fee, including— a fee to pay the costs to the Corps of Engineers of processing requests to resolve encroachments under the Plan; fees for deed drafting and surveying; and any other administrative cost incurred by the Corps of Engineers in implementing the Plan. 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. 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 flowage easement of the United States with respect to the property of any eligible property owner.