[Congressional Record Volume 142, Number 85 (Tuesday, June 11, 1996)]
[Senate]
[Pages S6103-S6104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE:
  S. 1863. 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 flood plain of the James River, SD, and for other 
purposes; to the Committee on Environment and Public Works.


                   easement acquisitions legislation

  Mr. DASCHLE. Mr. President, since 1993 the James River has flooded 
nearly 3 million acres of valuable farmland in my State resulting in 
billions of dollars of lost revenue for South Dakota producers and 
greatly diminishing the value of their land by washing away valuable 
top soil.
  Clearly, the extreme wet conditions of the last 4 years have 
contributed to these floods. However, Mother Nature does not bear sole 
responsibility for the flooding. The problem has been affected by the 
James River management policy of the U.S. Army Corps of Engineers.
  For producers to be asked to continue to bear these losses is unfair 
and unacceptable. Downstream landowners in South Dakota should not be 
required to accept financial losses directly influenced by the corps' 
river management policy.
  Mr. President, today I am introducing legislation that will provide 
landowners along the James River with a measure of security against 
future high water flows and help ensure that the Federal Government 
assumes greater responsibility for the damaging effects of its river 
management policies. This bill gives the U.S. Army Corps of Engineers 
authority to purchase from willing sellers easements over land that is 
located within the 10-year flood plain of the James River. Local 
producers who wish to grant these easements not only will be reimbursed 
for the loss of productivity on their flooded land, but also will 
retain their haying and grazing rights. Thus, the land will continue to 
provide value to farmers in relatively dry years. Those who do not wish 
to grant the corps these easements will be under no obligation to do 
so.
  This legislation will provide some relief to landowners affected by 
the frequent flooding of the James River in South Dakota and represents 
part of the long-term solution to this troublesome problem. However, 
the overall management of the Jamestown Dam also needs to be examined, 
and I will continue to urge the corps to take seriously the concerns of 
South Dakotans as the operations manual for that dam is written.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1863

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

[[Page S6104]]

     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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