I

104TH CONGRESS

1ST SESSION H. R. 1340

To modify the project for Bonneville Lock and Dam, Columbia River, Oregon

and Washington.

IN THE HOUSE OF REPRESENTATIVES

MARCH 28, 1995

Mrs. SMITH of Washington introduced the following bill; which was referred

to the Committee on Transportation and Infrastructure

A BILL

To modify the project for Bonneville Lock and Dam,

Columbia River, Oregon and Washington.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. BONNEVILLE LOCK AND DAM, COLUMBIA

4 RIVER, OREGON AND WASHINGTON.

5 (a) PROJECT MODIFICATION.—

6 (1) IN GENERAL.—The project for Bonneville

7 Lock and Dam, Columbia River, Oregon and Wash8 ington, authorized by the Act of August 20, 1937

9 (50 Stat. 731), and modified by section 83 of the

10 Water Resources Development Act of 1974 (88 Stat.
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1 35), is further modified to authorize the Secretary of

2 the Army (hereinafter in this section referred to as

3 the ‘‘Secretary’’) to convey to the city of North Bon4 neville, Washington, at no further cost to the city,

5 all right, title, and interest of the United States in

6 and to the following:

7 (A) Any municipal facilities, utilities fix8 tures, and equipment for the relocated city, and

9 any remaining lands designated as open spaces

10 or municipal lots not previously conveyed to the

11 city, specifically, Lots M1 through M15, M16

12 (the ‘‘community center lot’’), M18, M19, M22,

13 M24, S42 through S45, and S52 through S60.

14 (B) The ‘‘school lot’’ described as Lot 2,

15 block 5, on the plat of relocated North Bonne16 ville.

17 (C) Parcels 2 and C, but only upon the

18 completion of any environmental response ac19 tions required under applicable law.

20 (D) That portion of Parcel B lying south

21 of the existing city boundary, west of the sew22 age treatment plant, and north of the drainage

23 ditch that is located adjacent to the northerly

24 limit of the Hamilton Island landfill, provided

25 the Secretary determines, at the time of the
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1 proposed conveyance, that the Department of

2 the Army has taken all action necessary to pro3 tect human health and the environment.

4 (E) Such portions of Parcel H which can

5 be conveyed without a requirement for further

6 investigation, inventory, or other action by the

7 Department of the Army under the provisions

8 of the National Historic Preservation Act.

9 (F) Such easements as the Secretary

10 deems necessary for—

11 (i) sewer and water line crossings of

12 relocated Washington State Highway 14;

13 and

14 (ii) reasonable public access to the Co15 lumbia River across those portions of

16 Hamilton Island that remain under the

17 ownership of the United States.

18 (2) TIME PERIOD FOR CONVEYANCES.—The

19 conveyances referred to in paragraphs (1)(A),

20 (1)(B), (1)(E), and (1)(F)(i) shall be completed

21 within 180 days after the United States receives the

22 release referred to in paragraph (4). All other con23 veyances shall be completed expeditiously, subject to

24 any conditions specified in the applicable subsection.
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1 (3) PURPOSE.—The purpose of the conveyances

2 authorized by paragraph (1) is to resolve all out3 standing issues between the United States and the

4 city of North Bonneville.

5 (4) ACKNOWLEDGMENT OF PAYMENT; RELEASE

6 OF CLAIMS RELATING TO RELOCATION OF CITY.—As

7 a prerequisite to such conveyances, the city of North

8 Bonneville shall execute an acknowledgment of pay9 ment of just compensation and shall execute a re10 lease of any and all claims for relief of any kind

11 against the United States growing out of the reloca12 tion of the city of North Bonneville, or any prior

13 Federal legislation relating thereto, and shall dis14 miss, with prejudice, any pending litigation, if any,

15 involving such matters.

16 (5) RELEASE BY ATTORNEY GENERAL.—Upon

17 receipt of the city’s acknowledgment and release re18 ferred to in paragraph (4), the Attorney General of

19 the United States shall dismiss any pending litiga20 tion, if any, arising out of the relocation of the city

21 of North Bonneville, and execute a release of any

22 and all rights to damages of any kind under the

23 February 20, 1987, judgment of the United States

24 Claims Court, including any interest thereon.
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1 (6) ACKNOWLEDGMENT OF ENTITLEMENTS; RE2 LEASE BY CITY OF CLAIMS UNDER THIS SUB3 SECTION.—Within 60 days after the conveyances au4 thorized by paragraph (1) (other than subparagraph

5 (F)(ii)) have been completed, the city shall execute

6 an acknowledgment that all entitlements under such

7 paragraph have been completed and shall execute a

8 release of any and all claims for relief of any kind

9 against the United States arising out of this sub10 section.

11 (7) EFFECTS ON CITY.—Beginning on the date

12 of the enactment of this Act, the city of North Bon13 neville, or any successor in interest thereto, shall—

14 (A) be precluded from exercising any juris15 diction over any lands owned in whole or in

16 part by the United States and administered by

17 the United States Army Corps of Engineers in

18 connection with the Bonneville project; and

19 (B) be authorized to change the zoning

20 designations of, sell, or resell Parcels S35 and

21 S56, which are presently designated as open

22 spaces.
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1 (b) REPEAL.—Section 9147 of the Department of

2 Defense Appropriations Act, 1993 (106 Stat. 1940–1941)

3 is repealed.

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