Sec. 226. J. Strom Thurmond Lake, Georgia
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Subject to paragraph (2), the Secretary shall prepare, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, an encroachment resolution plan for a portion of the project for flood control, recreation, and fish and wildlife management, J. Strom Thurmond Lake, Georgia and South Carolina, authorized by section 10 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 894, chapter 665). The encroachment resolution plan under paragraph
(1)shall only apply to the portion of the J. Strom Thurmond Lake that is located within the State of Georgia. Subject to subsection (c), the encroachment resolution plan under subsection
(a)shall include— a description of the nature and number of encroachments; a description of the circumstances that contributed to the development of the encroachments; an assessment of the impact of the encroachments on operation and maintenance of the project described in subsection
(a)for its authorized purposes; an analysis of alternatives to the removal of encroachments to mitigate any impacts identified in the assessment under paragraph (3); a description of any actions necessary or advisable to prevent further encroachments; and an estimate of the cost and timeline to carry out the plan, including actions described under paragraph (5). To the maximum extent practicable, the encroachment resolution plan under subsection
(a)shall minimize adverse impacts to private landowners while maintaining the functioning of the project described in that subsection for its authorized purposes. In preparing the encroachment resolution plan under subsection (a), not later than 30 days after the Secretary identifies an encroachment, the Secretary shall notify the owner of the encroachment. The Secretary shall provide an opportunity for the public to comment on the encroachment resolution plan under subsection
(a)before the completion of the plan. The Secretary shall not take action to compel removal of an encroachment covered by the encroachment resolution plan under subsection
(a)unless Congress specifically authorizes such action. This section does not— grant any rights to the owner of an encroachment; or impose any liability on the United States for operation and maintenance of the project described in subsection
(a)for its authorized purposes.
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- 58 Stat. 894
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Sec. 226
J. Strom Thurmond Lake, Georgia
Stat.58 Stat. 894
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