110 HR 4829 IH: To authorize the Secretary of the Army to convey the U.S. House of Representatives 2007-12-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 4829 IN THE HOUSE OF REPRESENTATIVES December 18, 2007 Mr. Paul introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize the Secretary of the Army to convey the surface estate of the San Jacinto Disposal Area to the city of Galveston, Texas.

1.

Authorization to convey the surface estate of the San Jacinto Disposal Area in Galveston, Texas

Section 108 of the Energy and Water Development Appropriations Act, 1994 (33 U.S.C. 59hh) is amended to read as follows:

108.(a)

In general

The Secretary of the Army is authorized to convey to the city of Galveston, Texas, the surface estate of all or any part of a parcel of land containing approximately 605 acres known as the San Jacinto Disposal Area located on the east end of Galveston Island, Texas, in the W.A.A. Wallace Survey, A–647 and A–648, city of Galveston, Galveston County, Texas, being part of the old Fort San Jacinto site (in this section referred to as the Disposal Area surface estate), at the fair market value of the Disposal Area surface estate to be determined in accordance with the provisions of subsection (d). Such conveyance shall only be made by the Secretary of the Army upon the agreement of the Secretary and the city as to all compensation due herein. (b)

Compensation for conveyance

(1)

In general

Upon receipt of compensation from the city of Galveston, the Secretary shall convey the Disposal Area surface estate, or any part of the Disposal Area surface estate. (2)

Conveyance of the Disposal Area surface estate

If the full Disposal Area surface estate is conveyed, the compensation shall be— (A)conveyance to the Department of the Army of the surface estate of a parcel of land containing approximately 564 acres on Pelican Island, Texas, in the Eneas Smith Survey, A–190, Pelican Island, city of Galveston, Galveston County, Texas, adjacent to property currently owned by the United States (in this section referred to as the Pelican Island surface estate), with the fair market value of the Pelican Island surface estate being determined in accordance with subsection (d); and (B)payment to the United States of an amount equal to the difference between the fair market value of the Disposal Area surface estate and the fair market value of the Pelican Island surface estate. (3)

Conveyance of part of the Disposal Area surface estate

If the conveyance is 125 acres or less, compensation shall be an amount equal to the fair market value of the part of the Disposal Area surface estate to be conveyed, with the fair market value of the part of the Disposal Area surface estate to be conveyed being determined in accordance with subsection (d). (c)

Disposition of Spoil

Costs of maintaining the Galveston Harbor and Channel will continue to be governed by the Local Cooperation Agreement (LCA) between the United States of America and the city of Galveston dated October 18, 1973, as amended. Upon conveyance of the Disposal Area surface estate, or any part of the Disposal Area surface estate, the Department of the Army shall be compensated directly for the present value of the total costs to the Department for disposal of dredge material and site preparation pursuant to the LCA, if any, in excess of the present value of the total costs that would have been incurred if this conveyance had not been made. (d)

Determination of fair market value

The fair market value of the Disposal Area surface estate or the part of the Disposal Area surface estate to be conveyed and the Pelican Island surface estate shall be determined by independent appraisers using the market value method. (e)

Navigational servitude

(1)

Declaration of nonnavigability; public interest

Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the Disposal Area surface estate are not in the public interest then, subject to paragraphs (2) and (3), the Disposal Area surface estate is declared to be nonnavigable waters of the United States. (2)

Limits on applicability; regulatory requirements

The declaration under paragraph (1) shall apply only to those parts of the Disposal Area surface estate which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations including, but not limited to, sections 9 and 10 of the Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403), commonly known as the Rivers and Harbors Appropriations Act of 1899, section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3)

Expiration date

If, on October 28, 2013, any area or part of the Disposal Area surface estate is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in paragraph (2), or if work in connection with any activity permitted in paragraph (2) is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire. (f)

Survey and study

The Disposal Area surface estate and the Pelican Island surface estate shall be surveyed and further legally described prior to conveyance.

.