[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3335 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3335

To require the Secretary of the Army to convey certain Federal property 
          in the State of Ohio to the Friends of Barker House.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2020

Mr. Portman (for himself and Mr. Brown) 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 convey certain Federal property 
          in the State of Ohio to the Friends of Barker House.

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

SECTION 1. JUDGE JOSEPH BARKER, JR., HOUSE, OHIO.

    (a) Definitions.--In this section:
            (1) County.--The term ``County'' means Washington County in 
        the State of Ohio.
            (2) Non-federal entity.--The term ``non-Federal entity'' 
        means the Friends of Joseph Barker, Jr., House, a nonprofit 
        organization in the State of Ohio.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
    (b) Conveyances.--
            (1) In general.--Subject to subsection (d), the Secretary 
        shall convey to the non-Federal entity, by quitclaim deed and 
        without monetary consideration, all right, title, and interest 
        of the United States in and to the real property described in 
        subsection (c)(1).
            (2) Easement.--Subject to subsection (d), the Secretary 
        shall provide to the non-Federal entity an easement over the 
        property described in subsection (c)(2).
    (c) Descriptions of Property.--
            (1) In general.--The real property referred to in 
        subsection (b)(1) is the following (as in existence on the date 
        of enactment of this Act):
                    (A) Judge joseph barker, jr., house.--A certain 
                tract of land situate in the State of Ohio, Washington 
                County, on the Ohio River, and being particularly 
                bounded and described, as follows: Beginning at a point 
                located on the southern right-of-way line of Ohio Route 
                7, a new corner to the land now or formerly owned by 
                the United States of America; thence, leaving the 
                right-of-way of said Route 7 and severing the land of 
                said United States of America parallel to and 
                approximately 10' easterly of the toe of the existing 
                dredge disposal berm, Southeasterly approximately 326 
                feet to a point prior to the current Corps of Engineers 
                access to the dredging spoil area; thence, 
                Northeasterly approximately 480 feet paralleling the 
                top of the slope to the riverbank side of the house and 
                approximately 25' northerly therefrom; thence, 
                Northwest approximately 302 feet to a point in the 
                Southern Right-of-way of Ohio Route 7; thence with the 
                right-of-way of said Route 7, Southwesterly 
                approximately 485 feet to the point of beginning, 
                containing 3.51 acres, more or less.
                    (B) Road tract.--A certain tract of land situate in 
                the State of Ohio, Washington County, on the Ohio 
                River, and being particularly bounded and described, as 
                follows: Beginning at a point located on the southern 
                right-of-way line of Ohio Route 7, a new corner to the 
                land now or formerly owned by the United States of 
                America; thence, leaving the right-of-way of said Route 
                7 and severing the land of said United States of 
                America and with the House Parcel Southeasterly 25 
                feet; thence, Northeast, running parallel to said Route 
                7 right-of-way, approximately 994 feet to a point of 
                deflection; thence northeasterly 368 feet to a point 
                beyond the existing fence corner; thence, east 140 feet 
                to the edge of the existing Willow Island access road; 
                thence with said access road, Northwesterly 
                approximately 62 feet to a point in the Southern Right-
                of-way of Ohio Route 7; thence with the right-of-way of 
                said Route 7, Southwesterly approximately 1491 feet to 
                the point of beginning, containing 1 acre, more or 
                less.
            (2) Easement.--A certain tract of land situate in the State 
        of Ohio, Washington County, on the Ohio River, and being 
        particularly bounded and described, as follows: Beginning at a 
        point at the intersection of the southern right-of-way of Ohio 
        Route 7 and the northeast side of the existing Willow Island 
        access road, a new corner to the land now or formerly owned by 
        the United States of America; thence, southwest, running with 
        said Route 7 right-of-way, approximately 30 feet to a point on 
        the southwest side of the existing access road, and corner to 
        the road tract; thence with said access road and the line of 
        the road parcel, Southeasterly approximately 62 feet to a 
        point; thence leaving the road parcel and crossing the existing 
        access road Northeasterly approximately 30 feet to a point 
        located on the Northeast side of the existing access road; 
        thence, northwesterly approximately 62 feet, to the point of 
        beginning, containing 0.04 acre, more or less.
    (d) Requirements.--
            (1) In general.--The Secretary, in consultation with the 
        non-Federal entity and relevant stakeholders, shall make such 
        improvements and alterations to the property described in 
        subsection (c)(1)(A) as the Secretary, in consultation with the 
        non-Federal entity, determines to be appropriate to facilitate 
        conveyance of the property under this section, including 
        carrying out subparagraphs (A) and (B) of paragraph (2), 
        subject to the condition that the total cost of those 
        improvements and alterations shall be not more than $90,000.
            (2) Surveys; study.--
                    (A) Surveys.--The exact acreage and legal 
                descriptions of the property conveyed under this 
                section shall be determined by 1 or more surveys that 
                are satisfactory to the Secretary.
                    (B) Study; report.--Before providing a conveyance 
                or easement under this section, the Secretary shall--
                            (i) conduct, with respect to the property 
                        conveyed under this section, an environmental 
                        condition of the property report, including an 
                        investigation of any potential hazardous, 
                        toxic, and radioactive waste; and
                            (ii) submit to the non-Federal entity a 
                        report describing the results of the study 
                        under clause (i).
                    (C) Remediation.--Before transferring any property 
                to the non-Federal entity under this section, the 
                Secretary shall comply with the applicable requirements 
                of section 120(h) of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9620(h)).
                    (D) Refusal by non-federal entity.--
                            (i) In general.--On completion and review 
                        by the non-Federal entity of the study under 
                        subparagraph (B), the non-Federal entity may 
                        elect to refuse any conveyance or easement 
                        under paragraph (1) or (2) of subsection (b), 
                        respectively.
                            (ii) Treatment.--An election under clause 
                        (i)--
                                    (I) shall be at the sole discretion 
                                of the non-Federal entity;
                                    (II) may be based on disapproval by 
                                the non-Federal entity of the 
                                environmental condition of a tract to 
                                be conveyed or subject to an easement; 
                                and
                                    (III) shall be made by the non-
                                Federal entity by not later than the 
                                date that is 30 days after the date of 
                                submission of the report under 
                                subparagraph (B)(ii).
            (3) Reservation of rights.--The Secretary may reserve and 
        retain from any conveyance under this section a right-of-way or 
        any other right as the Secretary determines to be necessary for 
        the operation and maintenance of the authorized Federal channel 
        along the Ohio River.
            (4) Dredged material placement activities.--The Secretary 
        shall--
                    (A) notify and coordinate with the non-Federal 
                entity and relevant stakeholders before carrying out 
                any dredged material placement activities after the 
                date of the conveyances under this section; and
                    (B) in carrying out a dredged material placement 
                activity under subparagraph (A), act in accordance with 
                Engineer Manual EM 1110-2-5025 (or a subsequent version 
                of that manual).
    (e) Treatment.--Completion of the conveyances under this section 
shall satisfy all obligations of the Secretary with respect to the 
property described in subsection (c)(1)(A) under--
            (1) section 306101 of title 54, United States Code; and
            (2) section 306108 of title 54, United States Code, with 
        respect to the effects on the property of dredged material 
        placement activities carried out by the Secretary after the 
        date of the conveyances.
    (f) Consideration.--As consideration for the conveyance and 
easement provided by this section, the non-Federal entity shall hold 
the United States harmless from any liability with respect to any 
activity carried out by a Federal officer or employee within the scope 
of the duties of the officer or employee on the applicable property on 
or after the effective date of the conveyance or easement.
    (g) Inapplicability.--The following shall not apply to any 
conveyance or easement provided under this section:
            (1) Section 2696 of title 10, United States Code.
            (2) Subtitle I of title 40, and chapter 4 of title 41, 
        United States Code (formerly known as the ``Federal Property 
        and Administrative Services Act of 1949'').
            (3) The National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            (4) Division A of subtitle III of title 54, United States 
        Code (formerly known as the ``National Historic Preservation 
        Act'').
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