[Congressional Record Volume 157, Number 162 (Wednesday, October 26, 2011)]
[House]
[Pages H7076-H7077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         INJUSTICE AT THE LAKE

  The SPEAKER pro tempore. The Chair recognizes the gentlewoman from 
Missouri (Mrs. Hartzler) for 5 minutes.
  Mrs. HARTZLER. Every day we hear of some new government overreach 
coming from Washington. Well, today I want to tell you about perhaps 
the biggest overreach of all--centered around a pristine, beautiful 
place in my district, the Lake of the Ozarks.
  The Lake of the Ozarks was built in the 1930s and includes over 1,100 
miles of shoreline and is home to thousands of homes and residents and 
tens of thousands of Americans who enjoy the beauty and the lifestyle 
of living on the lake. Every day you'll find families and people of all 
ages enjoying the waters and being with each other surrounded by God's 
beauty of the Ozark hills.
  In the spring, we enjoy the Dogwood Festival there, when the 
hillsides are dotted with the whites and pinks of the dogwood amidst 
the lime green background of budding trees. In the fall, the hills are 
ablaze with the colors of autumn. There's something special about 
seeing it all from a boat on the lake, pulling up to one of the many 
marinas and restaurants to grab a bite to eat on the water, and then 
head back home as the sun sets over the water and the sky changes from 
orange to blue to star studded. The lake is a special place, and it is 
under attack. It is under attack from the Federal Government.
  This summer, the Federal Energy Regulatory Commission issued an order 
requiring the removal of over 4,000 what they call ``encroachments'' 
from around the shoreline of the lake, including over 1,200 homes. 
Think about that. The Federal Government has ordered the removal and 
destruction of over 1,200 homes--all that have free and clear title to 
their property and have been paying property taxes on them for decades. 
It's shocking. It's outrageous. It's infuriating. And it's got to be 
stopped.
  You ask, how did this happen? The Lake of the Ozarks is a privately 
owned lake owned by Ameren UE. Power is generated from a hydroelectric 
plant at the lake's dam. FERC regulates the power plant and required 
Ameren to submit a shoreline management plan as part of a 40-year lease 
application for the continued operation of Bagnell Dam and the Osage 
Renewable Energy Center.
  Ameren submitted the paperwork over 2 years ago; and after sitting on 
the application for over 2 years, this July FERC rejected their plan 
and substituted their own plan, which includes

[[Page H7077]]

an order requiring Ameren to remove as many as 4,000 out-of-compliance 
structures near the shoreline and within the boundary of the Bagnell 
Dam project.
  Here's an example of some of the structures they say need to go. FERC 
stated the structures ``should be removed in a timely manner and the 
site restored to preexisting conditions.'' This ludicrous order could 
result in the unnecessary removal of thousands of homes and other 
structures along over 1,100 miles of shoreline.
  What makes this action so onerous is that the property owners have 
clear title to this land with an easement giving them a right to do 
with their property as they wish. The deeds issued in the 1930s when 
the lake was built also reserved a right for the landowners to utilize 
the lakeshore and adjoining underwater land for ``any and all 
purposes,'' including ``the erection and maintenance of improvements 
thereon.''
  FERC's order is nothing more than a public taking and it needs to be 
stopped. If it's not, it will be devastating to our area's economy, 
home values, businesses and, most importantly, devastating to the 
wonderful, hardworking people who have invested their life savings to 
live, raise a family, and retire at Missouri's beautiful Lake of the 
Ozarks.

                              {time}  1050

  The Lake of the Ozarks is one of the most popular tourist 
destinations, not only in Missouri, but across the Nation. It has 
homeowners from all 50 States of the union.
  FERC's action could cause irreparable harm to the homeowners, 
boating, to fishing, water sports, and other business interests. It 
will cause uncertainty and fear that property values will plummet, and 
has already locked up the real estate market at the lake.
  FERC's actions are causing the whole lake community to suffer 
economically. Economic downturn will lead to delays in much-needed 
infrastructure repairs and will hurt schools, which depend on property 
taxes to provide our children with the quality education they deserve.
  The Federal Energy Regulatory Commission is a prime example of an 
out-of-control government agency. It must be stopped. That's why on 
Monday, I introduced H.R. 3244. This bill will remove FERC's power to 
tell landowners that they must remove structures from around the lake.
  I was joined by all of the other Missouri Members of the House of 
Representatives, five other Republicans, and three Democrats. Our two 
U.S. Senators, one Republican and one Democrat, introduced an identical 
bill in the other Chamber. This is a rare show of bipartisanship these 
days, which just shows how indefensible FERC's actions are.
  We may disagree on other issues, but on this one we are united. 
Washington's overreach must be stopped. It's time to put the genie back 
in the bottle and ensure it doesn't wreak havoc on our lives, our lake, 
and our rights.

                          ____________________