[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Page S5217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2933. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XXVIII, add the
following:
SEC. 2836. LAND CONVEYANCE AND AUTHORIZATION FOR INTERIM
LEASE, DEFENSE FUEL SUPPORT POINT SAN PEDRO,
LOS ANGELES, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Navy (in
this section referred to as the ``Secretary''), may convey to
the city of Los Angeles or the city of Lomita, California, or
both, at a cost less than fair market value, all right,
title, and interest of the United States in and to parcels of
real property, including any improvements therein or thereon,
known as the ballfields and the firing range at Naval Weapons
Station Seal Beach, Defense Fuel Support Point, San Pedro,
California, as further described in subsection (i), for the
purposes of permitting the city of Los Angeles or the city of
Lomita (as appropriate) to use such conveyed parcel of real
property for park and recreational activities or law
enforcement affiliated purposes, as set forth in subsection
(e).
(b) Interim Lease.--
(1) In general.--Until such time as a parcel of real
property described in subsection (a) is conveyed to the city
of Los Angeles or the city of Lomita (as appropriate), the
Secretary may lease such parcel or a portion of such parcel
to either the city of Los Angeles or the city of Lomita at no
cost for a term of not more than 3 years.
(2) Limitation.--If the conveyance under subsection (a) of
a parcel leased under paragraph (1), is not completed within
the period of the lease term, the Secretary shall have no
further obligation to make any part of such parcel available
for use by the city of Los Angeles or the city of Lomita (as
appropriate).
(c) Consideration.--
(1) Consideration required.--As consideration for a
conveyance under subsection (a), the city of Los Angeles or
the city of Lomita (as appropriate) shall pay to the
Secretary an amount determined by the Secretary, which may
consist of cash payment, in-kind consideration as described
under paragraph (2), or a combination thereof.
(2) In-kind consideration.--In-kind consideration provided
by the city of Los Angeles or the city of Lomita (as
appropriate) under this subsection may include--
(A) the acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including environmental
restoration), or combination thereof, of any property,
facility, or infrastructure with proximity to Naval Weapons
Station Seal Beach, that the Secretary considers acceptable;
or
(B) the delivery of services relating to the needs of Naval
Weapons Station Seal Beach that the Secretary considers
acceptable.
(3) Treatment of amounts received for conveyance.--Cash
payments received under paragraph (1) as reimbursement for
costs incurred by the Secretary to carry out a conveyance
under subsection (a) shall be--
(A) credited to and merged with the fund or account used to
cover the costs incurred by the Secretary in carrying out the
conveyance or an appropriate fund or account available to the
Secretary for the purposes for which the costs were paid; and
(B) available for the same purposes and subject to the same
conditions and limitations as amounts in such fund or
account.
(4) Payment of costs of conveyance.--
(A) Payment required.--The Secretary shall require the city
of Los Angeles or the city of Lomita (as appropriate) to
cover costs (except costs for environmental remediation of
the property) to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out a conveyance under subsection (a) or an inteirm
lease under subsection (b), including costs for environmental
and real estate due diligence and any other administrative
costs related to the conveyance or lease execution.
(B) Refund of excess amounts.--If amounts collected from
the city of Los Angeles or the city of Lomita under
subparagraph (A) exceed the costs actually incurred by the
Secretary to carry out a conveyance under subsection (a) or
an interim lease execution under subsection (b), the
Secretary shall refund the excess amount to the city of Los
Angeles or the city of Lomita (as appropriate).
(d) Valuation.--The values of the property interests to be
conveyed by the Secretary under subsection (a) shall be
determined by an independent appraiser selected by the
Secretary and in accordance with the Uniform Standards of
Professional Appraisal Practice.
(e) Conditions of Conveyance.--A conveyance under
subsection (a) shall be subject to all existing easements,
restrictions, and covenants of record and the following
conditions:
(1) The parcels of real property described in paragraphs
(1) and (2) of subsection (i) shall be used solely for park
and recreational activities, which may include ancillary uses
such as vending and restrooms.
(2) The parcel of real property described in paragraph (3)
of subsection (i) shall be used solely for law enforcement
affiliated purposes.
(3) The city of Los Angeles or the city of Lomita (as
appropriate) may not use Federal funds to cover any portion
of the amounts required by subsection (c) to be paid.
(f) Exclusion of Requirements for Prior Screening.--Section
2696(b) of title 10, United States Code, and the requirements
under title V of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11411 et seq.) relating to prior screenings shall
not apply to a conveyance under subsection (a) or the grant
of interim lease authorized under subsection (b).
(g) Reversionary Interest.--
(1) In general.--If the Secretary determines at any time
that a parcel of real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance specified in this section, all right, title, and
interest in and to the land, including any improvements
thereon, shall, at the option of the Secretary, revert to and
become the property of the United States, and the United
States shall have the right of immediate entry onto such real
property.
(2) Opportunity for hearing.--A determination by the
Secretary under paragraph (1) shall be made on the record
after an opportunity for a hearing.
(h) Conveyance Agreement.--A conveyance of land under
subsection (a) shall be accomplished--
(1) using a quitclaim deed or other legal instrument; and
(2) upon terms and conditions mutually satisfactory to the
Secretary and the city of Los Angeles or the city of Lomita
(as appropriate), including such additional terms and
conditions as the Secretary considers appropriate to protect
the interests of the United States.
(i) Description of Property.--The parcels of real property
that may be conveyed under subsection (a) are the following:
(1) The City of Lomita Ballfield Parcel consisting of
approximately 5.7 acres.
(2) The City of Los Angeles Ballfield Parcels consisting of
approximately 15.3 acres.
(3) The firing range located at 2981 North Gaffey Street,
San Pedro, California, consisting of approximately 3.2 acres.
(j) Rule of Construction.--Nothing in this section affects
the application of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
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