Army Corps of Engineers authorized by the Act of
July 24, 1946 (60 Stat. 634).
(2) FEE LANDS.—The term ‘‘fee lands’’ means
the lands acquired in fee title by the United States
for the Lake.
(3) FLOWAGE EASEMENT.—The term ‘‘flowage
easement’’ means the interest in land which the
United States acquired that provides the right to
flood to the elevation 1,085 feet above mean sea
level, among other rights, on lands surrounding the
lake.
(4) EASEMENT PROHIBITION.—The term ‘‘ease-
ment prohibition’’ means the rights acquired by the
United States in the flowage easements to prohibit
structures for human habitation.
(5) ELIGIBLE
PROPERTY
OWNER.—The term
‘‘eligible property owner’’ means a person that owns
a structure for human habitation that was con-
structed prior to January 1, 2000, and is located
upon fee lands or in violation of the flowage ease-
ment.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Army.
SEC. 3. HUMAN HABITATION PROHIBITION.
(a) IN GENERAL.—Not later than 120 days after the
date of enactment of this Act, the Secretary shall estab-
lish, and provide public notice of, a program to convey the
right to maintain existing structures for human habitation
on fee lands or to release the easement prohibition for ex-
isting structures for human habitation from the flowage
easements to eligible property owners.
(b) REGULATION.—To carry out subsection (a), the
Secretary shall issue regulations that—
(1) require the Corps of Engineers to suspend
any activities to require eligible property owners to
remove structures for human habitation encroaching
on fee lands or flowage easements;
(2) provide that a person who owns a structure
for human habitation on land adjacent to the Lake
shall have a period of 1 year after the date of enact-
ment of this Act to request that the Corps of Engi-
neers resurvey the property of the person to deter-
mine if the person is an eligible property owner
under this Act and to pay the costs of the resurvey
to the Secretary for deposit in the Corps of Engi-
neers project account in accordance with section
2695 of title 10, United States Code.
(3) provide that when a determination is made,
either through private survey or through the Govern-
ment’s boundary line maintenance surveys, that a
structure for human habitation is situated upon the
fee lands or flowage easements, the Corps of Engi-
neers shall notify immediately the property owner by
certified mail, and the property owner shall have a
period of 90 days from receipt of the notice in which
to establish that the structure was constructed prior
to January 1, 2000, and, therefore, that the prop-
erty owner is an eligible property owner under this
Act;
(4) provide that any private survey is subject to
review and approval by the Corps of Engineers to
ensure that it conforms to the Government’s bound-
ary line;
(5) require the Corps of Engineers to offer to
an eligible property owner either a conveyance or re-
lease that—
(A) on fee lands, conveys by quitclaim deed
the minimum land required to maintain the
human habitation structure, reserving the right
to flood to the elevation 1,085 feet above mean
sea level, if applicable;
(B) in flowage easements, releases by quit-
claim deed the prohibition of structures for
human habitation;
(C) provides that the existing structure
cannot be extended further onto fee lands or
into the flowage easement nor additional struc-
tures for human habitation placed in either fee
lands or flowage easement; and
(D) provides that the United States shall
not be liable or responsible for damage to prop-
erty or injury to persons caused by operation of
the Lake and no claim to compensation shall
accrue from the exercise of the flowage ease-
ment rights and that such waiver of any and all
claims against the United States shall be a cov-
enant running with the land and is fully bind-
ing upon heirs, successors, assigns, and pur-
chasers of the property so released; and
(6) provide that the eligible property owner ei-
ther shall agree to an offer under paragraph (5)
within 90 days after the offer is made by the Corps
of Engineers or shall comply with the real property
rights of the United States and remove the structure
for human habitation and any other unauthorized
real or personal property.
(c) OPTION TO PURCHASE INSURANCE.—Nothing in
this Act precludes a property owner from purchasing flood
insurance to which he or she may be eligible.
(d) PRIOR ENCROACHMENT RESOLUTIONS.—Noth-
ing in this Act shall affect previously resolved encroach-
ments at the Lake, whether through sale, exchange, vol-
untary removal, or alteration or removal through litiga-
tion.
(e) PRIOR REAL PROPERTY RIGHTS.—Nothing in
this Act shall take away, diminish, or eliminate any other
real property rights acquired by the United States for the
Lake or shall affect the ability of the United States to
require the removal of any and all encroachments that are
constructed or placed on United States real property or
flowage easements at the Lake after December 31, 1999.
Æ