Sec. 8235. REPORT TO CONGRESS ON EASEMENTS RELATED TO WATER RESOURCES DEVELOPMENT PROJECTS

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## SEC. 8235 REPORT TO CONGRESS ON EASEMENTS RELATED TO WATER RESOURCES DEVELOPMENT PROJECTS ###

(a)In General The Secretary shall conduct a review of the existing statutory, regulatory, and policy requirements and procedures related to the use, in relation to the construction of a project for flood risk management, hurricane and storm damage risk reduction, or ecosystem restoration, of covered easements that may be provided to the Secretary by non-Federal interests. ###

(b)Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the results of the review conducted under subsection (a), including— ####

(1)the findings of the Secretary relating to— #####

(A)the minimum rights in property that are necessary to construct, operate, or maintain projects for flood risk management, hurricane and storm damage risk reduction, or ecosystem restoration; #####

(B)whether increased use of covered easements in relation to such projects could promote greater participation from cooperating landowners in addressing local flooding or ecosystem restoration challenges; and #####

(C)whether such increased use could result in cost savings in the implementation of the projects, without any reduction in project benefits; and ####

(2)any recommendations of the Secretary relating to whether existing requirements or procedures related to such use of covered easements should be revised to reflect the results of the review. ###

(c)Definition In this section, the term “covered easement” means an easement or other similar interest in real property that— ####

(1)reserves for the Secretary rights in the property that are necessary to construct, operate, or maintain a water resources development project; ####

(2)provides for appropriate public use of the property, and retains the right of continued use of the property by the owner of the property, to the extent such uses are consistent with purposes of the covered easement; ####

(3)provides access to the property for oversight and inspection by the Secretary; ####

(4)is permanently recorded; and ####

(5)is enforceable under Federal and State law.