[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3179 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3179

To authorize the conveyance of certain public land in the State of New 
   Mexico owned or leased by the Department of Energy, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2008

 Mr. Bingaman (for himself and Mr. Domenici) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the conveyance of certain public land in the State of New 
   Mexico owned or leased by the Department of Energy, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lovelace Respiratory Research 
Institute Land Conveyance Act''.

SEC. 2. DEFINITION.

    In this Act:
            (1) Institute.--The term ``Institute'' means the Lovelace 
        Respiratory Research Institute, a nonprofit organization 
        chartered under the laws of the State of New Mexico.
            (2) Map.--The term ``map'' means the map entitled 
        ``Lovelace Respiratory Research Institute Land Conveyance'' and 
        dated March 18, 2008.
            (3) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Energy, with respect to 
                matters concerning the Department of Energy;
                    (B) the Secretary of the Interior, with respect to 
                matters concerning the Department of the Interior; and
                    (C) the Secretary of the Air Force, with respect to 
                matters concerning the Department of the Air Force.
            (4) Secretary of energy.--The term ``Secretary of Energy'' 
        means the Secretary of Energy, acting through the Administrator 
        for the National Nuclear Security Administration.

SEC. 3. CONVEYANCE OF LAND.

    (a) In General.--Notwithstanding section 120(h) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9620(h)) and subject to valid existing rights and 
this Act, the Secretary of Energy, in consultation with the Secretary 
of the Interior and the Secretary of the Air Force, may convey to the 
Institute, on behalf of the United States, all right, title, and 
interest of the United States in and to the parcel of land described in 
subsection (b) for research, scientific, or educational use.
    (b) Description of Land.--The parcel of land referred to in 
subsection (a)--
            (1) is the approximately 135 acres of land identified as 
        ``Parcel A'' on the map;
            (2) includes any improvements to the land described in 
        paragraph (1); and
            (3) excludes any portion of the utility system and 
        infrastructure reserved by the Secretary of the Air Force under 
        subsection (d).
    (c) Other Federal Agencies.--The Secretary of the Interior and the 
Secretary of the Air Force shall complete any real property actions, 
including the revocation of any Federal withdrawals of the parcel 
conveyed under subsection (a) and the parcel described in section 
(4)(a), that are necessary to allow the Secretary of Energy to--
            (1) convey the parcel under subsection (a); or
            (2) transfer administrative jurisdiction under section 4.
    (d) Reservation of Utility Infrastructure and Access.--The 
Secretary of the Air Force may retain ownership and control of--
            (1) any portions of the utility system and infrastructure 
        located on the parcel conveyed under subsection (a); and
            (2) any rights of access determined to be necessary by the 
        Secretary of the Air Force to operate and maintain the 
        utilities on the parcel.
    (e) Restrictions on Use.--
            (1) Authorized uses.--The Institute shall allow only 
        research, scientific, or educational uses of the parcel 
        conveyed under subsection (a).
            (2) Reversion.--
                    (A) In general.--If, at any time, the Secretary of 
                Energy, in consultation with the Secretary of the Air 
                Force, determines, in accordance with subparagraph (B), 
                that the parcel conveyed under subsection (a) is not 
                being used for a purpose described in paragraph (1)--
                            (i) all right, title, and interest in and 
                        to the entire parcel, or any portion of the 
                        parcel not being used for the purposes, shall 
                        revert, at the option of the Secretary, to the 
                        United States; and
                            (ii) the United States shall have the right 
                        of immediate entry onto the parcel.
                    (B) Requirements for determination.--Any 
                determination of the Secretary under subparagraph (A) 
                shall be made on the record and after an opportunity 
                for a hearing.
    (f) Costs.--
            (1) In general.--The Secretary of Energy shall require the 
        Institute to pay, or reimburse the Secretary concerned, for any 
        costs incurred by the Secretary concerned in carrying out the 
        conveyance under subsection (a), including any survey costs 
        related to the conveyance.
            (2) Refund.--If the Secretary concerned collects amounts 
        under paragraph (1) from the Institute before the Secretary 
        concerned incurs the actual costs, and the amount collected 
        exceeds the actual costs incurred by the Secretary concerned to 
        carry out the conveyance, the Secretary concerned shall refund 
        to the Institute an amount equal to difference between--
                    (A) the amount collected by the Secretary 
                concerned; and
                    (B) the actual costs incurred by the Secretary 
                concerned.
            (3) Deposit in fund.--
                    (A) In general.--Amounts received by the United 
                States under this subsection as a reimbursement or 
                recovery of costs incurred by the Secretary concerned 
                to carry out the conveyance under subsection (a) shall 
                be deposited in the fund or account that was used to 
                cover the costs incurred by the Secretary concerned in 
                carrying out the conveyance.
                    (B) Use.--Any amounts deposited under subparagraph 
                (A) shall be available for the same purposes, and 
                subject to the same conditions and limitations, as any 
                other amounts in the fund or account.
    (g) Contaminated Land.--In consideration for the conveyance of the 
parcel under subsection (a), the Institute shall--
            (1) take fee title to the parcel and any improvements to 
        the parcel, as contaminated;
            (2) be responsible for undertaking and completing all 
        environmental remediation required at, in, under, from, or on 
        the parcel for all environmental conditions relating to or 
        arising from the release or threat of release of waste 
        material, substances, or constituents, in the same manner and 
        to the same extent as required by law applicable to privately 
        owned facilities, regardless of the date of the contamination 
        or the responsible party;
            (3) indemnify the United States for--
                    (A) any environmental remediation or response costs 
                the United States reasonably incurs if the Institute 
                fails to remediate the parcel; or
                    (B) contamination at, in, under, from, or on the 
                land, for all environmental conditions relating to or 
                arising from the release or threat of release of waste 
                material, substances, or constituents;
            (4) indemnify, defend, and hold harmless the United States 
        from any damages, costs, expenses, liabilities, fines, 
        penalties, claim, or demand for loss, including claims for 
        property damage, personal injury, or death resulting from 
        releases, discharges, emissions, spills, storage, disposal, or 
        any other acts or omissions by the Institute and any officers, 
        agents, employees, contractors, sublessees, licensees, 
        successors, assigns, or invitees of the Institute arising from 
        activities conducted on the parcel conveyed under subsection 
        (a); and
            (5) reimburse the United States for all legal and attorney 
        fees, costs, and expenses incurred in association with the 
        defense of any claims described in paragraph (4).
    (h) Contingent Environmental Response Obligations.--If the 
Institute does not undertake or complete environmental remediation as 
required by subsection (g) and the United States is required to assume 
the responsibilities of the remediation, the Secretary of Energy shall 
be responsible for conducting any necessary environmental remediation 
or response actions with respect to the parcel conveyed under 
subsection (a).
    (i) No Additional Compensation.--Except as otherwise provided in 
this Act, no additional consideration shall be required for conveyance 
of the parcel to the Institute under subsection (a).
    (j) Access and Utilities.--On conveyance of the parcel under 
subsection (a), the Secretary of the Air Force shall, on behalf of the 
United States and subject to any terms and conditions as the Secretary 
determines to be necessary (including conditions providing for the 
reimbursement of costs), provide the Institute with--
            (1) access for employees and invitees of the Institute 
        across Kirtland Air Force Base to the parcel conveyed under 
        that subsection; and
            (2) access to utility services for the land and any 
        improvements to the land conveyed under that subsection.
    (k) Additional Term and Conditions.--The Secretary of Energy, in 
consultation with the Secretary of the Interior and Secretary of the 
Air Force, may require any additional terms and conditions for the 
conveyance under subsection (a) that the Secretaries determine to be 
appropriate to protect the interests of the United States.

SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.

    (a) In General.--After the conveyance under section 3(a) has been 
completed, the Secretary of Energy shall, on request of the Secretary 
of the Air Force, transfer to the Secretary of the Air Force 
administrative jurisdiction over the parcel of approximately 7 acres of 
land identified as ``Parcel B'' on the map, including any improvements 
to the parcel.
    (b) Removal of Improvements.--In concurrence with the transfer 
under subsection (a), the Secretary of Energy shall, on request of the 
Secretary of the Air Force, arrange and pay for removal of any 
improvements to the parcel transferred under that subsection.
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