[Congressional Record Volume 142, Number 81 (Wednesday, June 5, 1996)]
[Senate]
[Pages S5870-S5871]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        AUTHORIZATION TO CONVEY LAND TO THE CITY OF EUFAULA, OK

  Mr. BURNS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 307, S. 1406.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       A bill (S. 1406) to authorize the Secretary of the Army to 
     convey to the city of Eufaula, OK, a parcel of land located 
     at the Eufaula Lake project, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 4043

               (Purpose: To make a technical correction)

  Mr. BURNS. I understand there is a technical amendment at the desk 
offered by Senator Nickles, and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Montana [Mr. Burns], for Mr. Nickles, 
     proposes an amendment numbered 4043.

  The amendment is as follows:
       On page 2, line 7, strike the words ``approximately 4'' and 
     insert in lieu thereof ``approximately 12.5''.

  Mr. BURNS. Mr. President, I ask unanimous consent that the amendment 
be agreed to, the bill be deemed read a third time, passed as amended, 
the motion to reconsider be laid upon the table, and that any 
statements relating to the bill be placed at the appropriate place in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4043) was agreed to.
  The bill (S. 1406), as amended, was deemed to have been read three 
times and passed, as follows:

                                S. 1406

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

     SECTION 1. CONVEYANCE OF LAND AT EUFAULA LAKE PROJECT.

       (a) In General.--The Secretary of the Army (referred to in 
     this section as the ``Secretary'') may convey to the city of 
     Eufaula, Oklahoma, all right, title, and interest of the 
     United States in and to a parcel of land consisting of 
     approximately 12.5 acres located at the Eufaula Lake project.

[[Page S5871]]

       (b) Consideration.--Consideration for the conveyance under 
     subsection (a) shall be the fair market value of the parcel 
     (as determined by the Secretary) and payment of all costs of 
     the United States in making the conveyance, including the 
     costs of--
       (1) the survey required under subsection (d);
       (2) any other necessary survey or survey monumentation;
       (3) compliance with the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.); and
       (4) any coordination necessary with respect to requirements 
     relating to endangered species, cultural resources, and clean 
     air (including the costs of agency consultation and public 
     hearings).
       (c) Land Surveys.--The exact acreage and description of the 
     parcel to be conveyed under subsection (a) shall be 
     determined by such surveys as the Secretary considers 
     necessary, which shall be carried out to the satisfaction of 
     the Secretary.
       (d) Environmental Baseline Survey.--Prior to making the 
     conveyance under subsection (a), the Secretary shall conduct 
     an environmental baseline survey to determine the levels of 
     any contamination (as of the date of the survey) for which 
     the United States would be responsible under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) and any other 
     applicable law.
       (e) Conditions Concerning Rights and Easement.--The 
     conveyance under subsection (a) shall be subject to valid 
     existing rights and to retention by the United States of a 
     flowage easement over all portions of the parcel that lie at 
     or below the flowage easement contour for the Eufaula Lake 
     project.
       (f) Other Terms and Conditions.--The conveyance under 
     subsection (a) shall be subject to such other terms and 
     conditions as the Secretary considers necessary and 
     appropriate to protect the interests of the United States.

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