[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Pages S9347-S9348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   EDWARD H. McDANIEL AMERICAN LEGION POST NO. 22 LAND CONVEYANCE ACT

  The Senate proceeded to consider the bill (S. 1521) to direct the 
Secretary of the Interior to convey certain land to the Edward H. 
McDaniel American Legion Post No. 22 in Pahrump, Nevada, for the 
construction of a post building and memorial park for use by the 
American Legion, other veterans' groups, and the local community, which 
had been reported from the Committee on Energy and Natural Resources, 
with amendments, as follows:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                S. 1521

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

[[Page S9348]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Edward H. McDaniel American 
     Legion Post No. 22 Land Conveyance Act''.

     [SEC. 2. FINDINGS.

       [Congress finds that--
       [(1) the membership of the American Legion and other 
     nonprofit organizations that represent the veterans' 
     community in Pahrump, Nevada, has grown immensely in the last 
     10 years;
       [(2) the existing facility used by the veterans community 
     in Pahrump, which was constructed in the 1960's, is too small 
     and is inappropriate for the needs of the veterans community;
       [(3) the nearest veterans facility that can accommodate the 
     veterans community in Pahrump is located more than 60 miles 
     away in the city of Las Vegas;
       [(4) the tracts of land that are available for 
     consideration as potential sites for the location of a new 
     veterans facility are not suitable for the facility;
       [(5) conveyance of a suitable parcel of land for the 
     facility, which consists of an odd, triangular tract of land 
     bounded on 2 sides by private land and cut off from other 
     public land by a major highway, conforms with the objective 
     of the Bureau of Land Management, Las Vegas District 1998 
     Resource Management Plan by simplifying the land management 
     responsibilities of the Bureau of Land Management; and
       [(6) because the intent of the American Legion is to make 
     the facility available to other veterans organizations and 
     the public for community activities and events at no cost, it 
     would be in the best interests of the United States to convey 
     the land to the Edward H. McDaniel American Legion Post No. 
     22.

     [SEC. 3. DEFINITIONS.]

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Post no. 22.--The term ``Post No. 22'' means the Edward 
     H. McDaniel American Legion Post No. 22 in Pahrump, Nevada.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.

     [SEC. 4. CONVEYANCE OF LAND TO EDWARD H. MCDANIEL AMERICAN 
                   LEGION POST NO. 22.]

     SEC. 3. CONVEYANCE OF LAND TO EDWARD H. MCDANIEL AMERICAN 
                   LEGION POST NO. 22.

       (a) Conveyance on Condition Subsequent.--Not later than 
     [120] 180 days after the date of enactment of this Act, 
     subject to valid existing rights and the condition stated in 
     subsection (c) and in accordance with the Act of June 14, 
     1926 (commonly known as the ``Recreation and Public Purposes 
     Act'') (43 U.S.C. 869 et seq.), the Secretary shall convey to 
     Post No. 22, for no consideration, all right, title, and 
     interest of the United States in and to the parcel of land 
     described in subsection (b).
       (b) Description of Land.--The parcel of land referred to in 
     subsection (b) is the parcel of Bureau of Land Management 
     land that--
       (1) is bounded by Route 160, Bride Street, and Dandelion 
     Road in Nye County, Nevada;
       (2) consists of approximately 4.5 acres of land; and
       (3) is more particularly described as a portion of the S 
     \1/4\ of section 29, T. 20 S., R. 54 E., Mount Diablo and 
     Base Meridian.
       (c) Condition on Use of Land.--
       (1) In general.--Post No. 22 and any successors of Post No. 
     22 shall use the parcel of land described in section (b) for 
     the construction and operation of a post building and 
     memorial park for use by Post No. 22, other veterans groups, 
     and the local community for events and activities.
       (2) Reversion.--Except as provided in paragraph (3), if the 
     Secretary, after notice to Post No. 22 and an opportunity for 
     a hearing, makes a finding that Post No. 22 has used or 
     permitted the use of the parcel for any purpose other than 
     the purpose specified in paragraph (1) and Post No. 22 fails 
     to discontinue that use, title to the parcel shall revert to 
     the United States, to be administered by the Secretary.
       (3) Waiver.--The Secretary may waive the requirements of 
     paragraph (2) if the Secretary determines that a waiver would 
     be in the best interests of the United States.

  The committee amendments were agreed to.
  The bill (S. 1521), as amended, was read the third time and passed, 
as follows:
  (The bill will be printed in a future edition of the Record.)

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