118 S5529 IS: To authorize the conveyance by the Secretary of the Army of certain property located at Fort Bliss, Texas, and for other purposes. U.S. Senate 2024-12-12 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.
II118th CONGRESS2d SessionS. 5529IN THE SENATE OF THE UNITED STATESDecember 12, 2024Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo authorize the conveyance by the Secretary of the Army of certain property located at Fort Bliss, Texas, and for other purposes.
1.
Land conveyance, Fort Bliss, El Paso, Texas
(a)
Conveyance authorized
(1)
In general
The Secretary of the Army (in this section referred to as the Secretary) may convey to El Paso Water of the Public Service Board in El Paso, Texas (in this section referred to as El Paso Water), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 45.3 acres, known as the Kay Bailey Hutchison Desalination Plant, and an adjoining parcel of approximately 20 acres, located at Fort Bliss, Texas, for the purposes of stormwater flood control for Fort Bliss and the neighboring area.(2)
Continuation of existing easements, restrictions, and covenants
The conveyance of the property under paragraph (1) shall be subject to any existing easement, restriction, and covenant, including the easement numbered DACA63–2–09–0524 and titled Easement for desalination plant, water pipeline and related support structures in support of a water supply agreement (in this section referred to as the existing easement).(b)
Payment of fair market value
(1)
In general
As consideration for the conveyance under subsection (a), El Paso Water shall pay to the Secretary an amount equal to the fair market value of the property to be conveyed as determined by the Secretary, which may consist of cash payment, in-kind consideration as described in paragraph (2), or a combination thereof.(2)
In-kind consideration
In-kind consideration provided by El Paso Water under paragraph (1) may include one or more of the following:(A)Discounted or stabilized water commodity rates in accordance with the terms and conditions of any water service or supply agreement in place on the date of the enactment of this Act and referenced in the existing easement.(B)The delivery of services relating to the needs of Fort Bliss that the Secretary considers acceptable.(c)
Reversionary interest
(1)
In general
If the Secretary determines that the property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property.(2)
Opportunity for hearing
A determination by the Secretary under paragraph (1) may be made on the record after an opportunity for a hearing.(d)
Payment of costs of conveyance
(1)
Payment required
The Secretary may require El Paso Water to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs for appraisals, environmental and real estate due diligence, and any other administrative costs related to the conveyance.(2)
Refund of excess amounts
If amounts are collected from El Paso Water under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to El Paso Water.(e)
Limitation on source of funds
El Paso Water may not use Federal funds to cover any portion of the costs required to be paid by El Paso Water under this section.(f)
Description of property
The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.(g)
Additional terms and conditions
The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.