[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1863 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1863

 To require the Secretary of the Army to acquire permanent flowage and 
   saturation easements over land that is located within the 10-year 
  floodplain of the James River, South Dakota, and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                             June 11, 1996

  Mr. Daschle introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Army to acquire permanent flowage and 
   saturation easements over land that is located within the 10-year 
  floodplain of the James River, South Dakota, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ACQUISITION OF EASEMENTS OVER LAND NEAR JAMES RIVER, SOUTH 
              DAKOTA.

    (a) In General.--The Secretary of the Army shall acquire, from 
willing sellers, permanent flowage and saturation easements over land 
that is located within the 10-year floodplain of the James River, South 
Dakota.
    (b) Scope.--
            (1) In general.--The easements acquired by the Secretary of 
        the Army under subsection (a) shall include the right, power, 
        and privilege of the Federal Government to submerge, overflow, 
        percolate, and saturate the surface and subsurface of the land 
        and such other terms and conditions as the Secretary of the 
        Army considers appropriate.
            (2) Haying and grazing.--The Secretary of the Army shall 
        permit haying and grazing on the land subject to the easements.
    (c) Payment.--In acquiring the easements under subsection (a), the 
Secretary of the Army shall pay an amount based on the unaffected fee 
value of the land subject to the easements. For the purpose of this 
subsection, the unaffected fee value of the land is the value that the 
land would have if the land were unaffected by rising ground water and 
surface flooding associated with the James River.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $40,000,000, to remain available 
until expended.
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