§598b Minimum Real Estate Interest

Summary

The Secretary must give the non‑Federal interest a real estate plan for each approved water resources project. The plan must say what property rights are needed for building, operating, maintaining, repairing, rehabilitating, or replacing the project and list any legal details needed to carry it out. For every project that needs property, the Secretary must name the smallest property interest needed. The Secretary can choose less than full ownership (fee simple title) only if that smaller interest is enough for the work and the non‑Federal interest legally cannot give full ownership. The non‑Federal interest must provide the minimum property interest the Secretary identifies. Each year, the Secretary must report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate when the Secretary required fee simple title even though the non‑Federal interest had asked to give less, and explain the legal reasons for that decision. Agreements under 42 U.S.C. 1962d–5b made before January 4, 2025 may be changed, at the non‑Federal interest’s request, to follow these rules.