1.Congress finds that—
(1)the Mt. Soledad
Veterans Memorial (referred to in this Act as the Memorial) has
proudly stood overlooking San Diego, California, for more than 52 years as a
tribute to the members of the United States Armed Forces who sacrificed their
lives in defense of the United States;
(2)the Memorial was
dedicated on April 18, 1954, as a lasting memorial to the dead of the
First and Second World Wars and the Korean conflict
and now serves as a
memorial to American veterans of all wars, including the War on
Terrorism;
(3)the United States
has a long history and tradition of memorializing members of the Armed Forces
who die in battle with a cross or other religious emblem of faith, and a
memorial cross is fully integrated as the centerpiece of the multifaceted
Memorial, which is replete with secular symbols;
(4)the patriotic and
inspirational symbolism of the Memorial provides solace to the families and
comrades of the veterans it memorializes;
(5)the Memorial has
been recognized by Congress as a National Veterans Memorial and is considered a
historically significant national memorial;
(6)76 percent of the
voters of the city of San Diego supported donating the Memorial to the United
States, only to have a California superior court judge invalidate that
election;
(7)the city of San
Diego has diligently pursued every possible legal recourse to preserve the
Memorial in its entirety for persons who have served in the Armed Forces and
who will serve and sacrifice in the future; and
(8)Congressional
action is necessary to preserve the Memorial because the city of San Diego is
under a district court order to remove the Memorial from city property by
August 1, 2006.
2.
(a)To effectuate the purpose of section 116 of division J of
the Consolidated Appropriations Act, 2005 (16 U.S.C. 431 note; 118 Stat. 3346),
which designated the Memorial as a national memorial honoring veterans of the
United States Armed Forces to preserve a historically significant war memorial,
there is vested in the United States all right, title, and interest in and to,
and the right to immediate possession of, the Memorial, as described in
subsection (d).
(b)
(1)The United States shall pay to each owner of property the
title to which is taken by the United States pursuant to this section
compensation in an amount equal to, as applicable—
(A)the agreed
negotiated value of the property; or
(B)the valuation of
the property according to an applicable judgment.
(2)A payment under paragraph (1) shall be made from the
permanent judgment appropriation established pursuant to section 1304 of title
31, United States Code.
(3)The full faith and credit of the United States is pledged
to the payment of any judgment entered against the United States with respect
to a taking of property pursuant to this section.
(4)Failure to
negotiate settlementIf the applicable parties do not reach a
negotiated settlement with respect to a taking under this section by the date
that is 1 year after the date of enactment of this Act, the Secretary of
Defense may initiate a proceeding in a court of competent jurisdiction to
determine the amount of compensation to be paid by the United States with
respect to the taking.
(c)On
acquisition of the Memorial by the United States, the Secretary of Defense
shall—
(1)manage the
property subject to the taking; and
(2)offer to enter
into a memorandum of understanding with the Mt. Soledad Memorial Association
for the continued maintenance of the Memorial by the Association.
(d)
(1)The Memorial referred to in this section is the portion
of Pueblo Lot 1265 of the Pueblo Lands of San Diego, California, as depicted on
the map of San Diego County, California, numbered 36, prepared by James Pascoe,
dated 1879, and on file in the office of the County Recorder of San Diego
County, and more particularly described as the area bounded by the back of the
existing inner sidewalk on top of Mt. Soledad, being a circle with radius of 84
feet, the center of which is located as follows:
(A)Beginning at the
southwesterly corner of Pueblo Lot 1265, S. 17 degrees, 14′33″ E. (record S. 17
degrees 14′09″ E.), 607.21 feet along the westerly line of that lot from its
intersection with the north line of La Jolla Scenic Drive South, designated as
parcel 2 in City Council Resolution No. 216644 (August 25, 1976).
(B)Thence N. 39
degrees 59′24″ E., 1147.62 feet to the center of the circle.
(2)The
exact boundaries and legal description of the Memorial shall be determined by a
survey to be prepared by the Secretary of Defense.
(3)On acquisition of the Memorial by the United States,
the boundaries of the Memorial shall not be expanded.