[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4272 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4272

 To amend the Military Construction Authorization Act for Fiscal Year 
 2002 to modify the terms and scope of a land exchange involving Fort 
Lewis, Washington, authorized between the Secretary of the Army and the 
  Nisqually Tribe and affecting the interests of the Bonneville Power 
                            Administration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2004

   Mr. Smith of Washington introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend the Military Construction Authorization Act for Fiscal Year 
 2002 to modify the terms and scope of a land exchange involving Fort 
Lewis, Washington, authorized between the Secretary of the Army and the 
  Nisqually Tribe and affecting the interests of the Bonneville Power 
                            Administration.

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

SECTION 1. MODIFICATION OF LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS, 
              WASHINGTON.

    (a) Property to Be Transferred to Secretary of the Interior in 
Trust.--Subsection (a)(1) of section 2837 of the Military Construction 
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1315) is amended--
            (1) by striking ``may convey to'' and inserting ``may 
        transfer to the Secretary of the Interior, in trust for''; and
            (2) by striking ``Washington, in'' and all that follows 
        through the period and inserting ``Washington. The Secretary of 
        the Army may make the transfer under the preceding sentence, 
        and the Secretary of the Interior may accept the property 
        transferred in trust for the Nisqually Tribe under the 
        preceding sentence, only in conjunction with the conveyance 
        described in subsection (b)(2).''.
    (b) Increase in Acreage to Be Transferred.--Such subsection is 
further amended by striking ``138 acres'' and inserting ``168 acres''.
    (c) Qualification on Property to Be Transferred.--Subsection (a)(2) 
of such section is amended--
            (1) by striking ``conveyance'' and inserting ``transfer''; 
        and
            (2) by striking ``or the right of way described in 
        subsection (c)'' and inserting ``located on the real property 
        transferred under that paragraph''.
    (d) Consideration.--Subsection (b) of such section is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``conveyance'' and inserting ``transfer''; and
            (2) in paragraph (2), by striking ``fee title over the 
        acquired property to the Secretary'' and inserting ``to the 
        United States fee title to the property acquired under 
        paragraph (1), free from all liens, encumbrances or other 
        interests other than those, if any, acceptable to the Secretary 
        of the Army''.
    (e) Treatment of Existing Permit Rights; Grant of Easement.--Such 
section is further amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Treatment of Existing Permit Rights; Grant of Easement.--(1) 
The transfer under subsection (a) recognizes and preserves to the 
Bonneville Power Administration, in perpetuity and without the right of 
revocation except as provided in paragraph (2), rights in existence at 
the time of the conveyance under the permit dated February 4, 1949, as 
amended January 4, 1952, between the Department of the Army and the 
Bonneville Power Administration with respect to any portion of the 
property transferred under subsection (a) upon which the Bonneville 
Power Administration retains transmission facilities. The rights 
recognized and preserved include the right to upgrade those 
transmission facilities.
    ``(2) The permit rights recognized and preserved under paragraph 
(1) shall terminate only upon the Bonneville Power Administration's 
relocation of the transmission facilities referred to in paragraph (1), 
and then only with respect to that portion of those transmission 
facilities that are relocated.
    ``(3) The Secretary of the Interior, as trustee for the Nisqually 
Tribe, shall grant to the Bonneville Power Administration, without 
consideration and subject to the same rights recognized and preserved 
in paragraph (1), such additional easements across the property 
transferred under subsection (a) as the Bonneville Power Administration 
considers necessary to accommodate the relocation or reconnection of 
Bonneville Power Administration transmission facilities from property 
owned by the Tribe and held by the Secretary of the Interior in trust 
for the Tribe.''.
    (f) Conforming Amendments.--(1) Subsection (c) of such section is 
amended by inserting ``of the Army'' after ``Secretary''.
    (2) Subsection (e) of such section (as redesignated by subsection 
(e)(1)) is amended--
            (A) by striking ``conveyed'' and inserting ``transferred'';
            (B) by inserting ``of the Army'' after ``Secretary''; and
            (C) by striking ``the recipient of the property being 
        surveyed'' and inserting ``the Tribe, in the case of the 
        transfer under subsection (a), and the Secretary of the Army, 
        in the case of the acquisition under subsection (b)''.
    (3) Subsection (f) of such section (as redesignated by subsection 
(e)(1)) is amended--
            (A) by inserting ``of the Army'' after ``Secretary'' both 
        places it appears; and
            (B) by striking ``conveyances under this section'' and 
        inserting ``transfer under subsection (a) and conveyances under 
        subsections (b)(2) and (c)''.
                                 <all>