Sec. 1213. J. STROM THURMOND LAKE, GEORGIA

474 words·~2 min read·/statute-compilations/comps-18105/sec-1213

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

## SEC. 1213 J. STROM THURMOND LAKE, GEORGIA ###

(a)Encroachment Resolution Plan ####

(1)In general 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 (chapter 665, 58 Stat. 894). ####

(2)Limitation The encroachment resolution plan under paragraph

(1)shall only apply to encroachments known to the U.S. Army Corps of Engineers as of the effective date of this provision on the portion of the J. Strom Thurmond Lake project lands that abut the six

(6)former Cottage Site properties, situated in Georgia and previously disposed of by the United States, known as Keg Creek, Ridge Road, Rousseau Creek, Soap Creek, Pistol Creek, and Elbert County Subdivisions. ###

(b)Contents Subject to subsection (c), the encroachment resolution plan under subsection

(a)shall include— ####

(1)a description of the nature and number of encroachments; ####

(2)a description of the circumstances that contributed to the development of the encroachments; ####

(3)an assessment of the impact of the encroachments on operation and maintenance of the project described in subsection

(a)for its authorized purposes; ####

(4)an analysis of alternatives to the removal of encroachments to mitigate any impacts identified in the assessment under paragraph (3); ####

(5)a description of any actions necessary or advisable to prevent further encroachments; and ####

(6)an estimate of the cost and timeline to carry out the plan, including actions described under paragraph (5). ###

(c)Restriction 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. ###

(d)Notice and Public Comment ####

(1)To owners 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. ####

(2)To public 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. ###

(e)Moratorium 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. ###

(f)Savings Provision This section does not— ####

(1)grant any rights to the owner of an encroachment; or ####

(2)impose any liability on the United States for operation and maintenance of the project described in subsection

(a)for its authorized purposes.

Connections1 off-index

1 reference not yet in our index

58 Stat. 894

Citation graph

cites case law

Sec. 1213

J. STROM THURMOND LAKE, GEORGIA

Stat.58 Stat. 894

Cites 1Cited by 0 across 0 sources