Bill Summary
The purpose of this bill is to require the Secretary of the Army to transfer certain federal property in Ohio to a non-profit organization called the Friends of Barker House. The property in question includes a house and adjacent land on the Ohio River. The bill outlines the process for the transfer, including defining terms and providing easements for access to the property. The Secretary is also required to make improvements and conduct necessary surveys and studies before the transfer can take place. The bill also addresses potential environmental concerns and allows the Secretary to retain certain rights for the upkeep of the property. This transfer would meet the requirements for federal property under several laws, including those related to historic preservation and environmental protection. The non-profit organization must agree to hold the federal government harmless for any future liabilities related to the property. Finally, the bill states that certain laws related to federal property and environmental protection will not apply to this transfer.
Possible Impacts
1. Individuals who are members of the Friends of Joseph Barker, Jr. House, a non-profit organization in Ohio, may experience a positive impact as they will gain ownership of the property described in the legislation without having to pay for it. This could potentially benefit the community by allowing them to use the property for various activities and events.
2. The Secretary of the Army will have the power to make improvements and alterations to the property described in subsection (c)(1)(A) as long as the total cost does not exceed $90,000. This could potentially limit the scope of improvements and changes that can be made, which may impact the final outcome and potential use of the property.
3. The legislation requires the Secretary to conduct an environmental study and report before transferring the property to the non-Federal entity. This could potentially delay or complicate the process of transferring the property if any environmental issues are discovered.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5960 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5960
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 HOUSE OF REPRESENTATIVES
February 25, 2020
Mr. Johnson of Ohio introduced the following bill; which was referred
to the Committee on Transportation and Infrastructure
_______________________________________________________________________
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 1,491 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 one 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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