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103D CONGRESS

2D SESSION H. R. 5241

To amend section 9147 of Public Law 102–396.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 7, 1994

Mrs. UNSOELD introduced the following bill; which was referred jointly to the

Committees on Armed Services and the Judiciary

A BILL

To amend section 9147 of Public Law 102–396.

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

3 SECTION 1.

4 Section 9147 of Public Law 102–396 is amended by

5 striking all text after the words, ‘‘is further modified to’’

6 in the fourth line of subparagraph (a) and inserting the

7 following language: ‘‘authorize the Secretary of the Army

8 to convey to the City of North Bonneville, Washington,

9 at no further cost to the City, all right, title and interest

10 in the United States in and to—

11 ‘‘(1) any municipal facilities, utilities, fixtures,

12 and equipment for the relocated City, and any re-
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1 maining lands designated as open spaces or munici2 pal lots not previously conveyed to the City, specifi3 cally, Lots M1 through M15, M16 (the ‘community

4 center lot’), M18, M19, M22, M24, S42 through

5 S45, and S52 through S60, as shown on the plats

6 of relocated North Bonneville recorded in Skamania

7 County, Washington;

8 ‘‘(2) the ‘school lot’ described as Lot 2, block

9 5, on the plats of relocated North Bonneville, re10 corded in Skamania County, Washington;

11 ‘‘(3) Parcels 2 and C, but only upon the com12 pletion of any environmental response actions re13 quired under applicable law;

14 ‘‘(4) that portion of Parcel B lying south of the

15 existing City boundary, west of the sewage treat16 ment plant, and north of the drainage ditch that is

17 located adjacent to the northerly limit of the Hamil18 ton Island landfill, provided the Secretary of the

19 Army determines, at the time of the proposed con20 veyance, that the Army has taken all action nec21 essary to protect human health and the environment;

22 ‘‘(5) such portions of Parcel H which can be

23 conveyed without a requirement for further inves24 tigation, inventory or other action by the Depart-
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1 ment of the Army under the provisions of the Na2 tional Historic Preservation Act;

3 ‘‘(6) such easements as the Secretary of the

4 Army deems necessary for—

5 ‘‘(A) sewer and water line crossings of re6 located Washington State Highway No. 14; and

7 ‘‘(B) reasonable public access to the Co8 lumbia River across those portions of Hamilton

9 Island that remain under the ownership of the

10 United States;

11 ‘‘(7) The conveyances referred to in subsections

12 (a)(1), (a)(2), (a)(5) and (a)(6)(A) shall be com13 pleted within one hundred and eighty days after the

14 United States receives the release referred to in sub15 section (b)(1). All other conveyances shall be com16 pleted expeditiously, subject to any conditions speci17 fied in the applicable subsection.

18 ‘‘(b) The conveyances authorized in subsection (a) are

19 intended to resolve all outstanding issues between the

20 United States and the City of North Bonneville.

21 ‘‘(1) As a prerequisite to such conveyances, the

22 City of North Bonneville shall execute an acknowl23 edgement of payment of just compensation and shall

24 execute a release of any and all claims for relief of

25 any kind against the United States growing out of
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1 the relocation of the City of North Bonneville, or

2 any prior Federal legislation relating thereto, and

3 shall dismiss, with prejudice, any pending litigation,

4 if any, involving such matters.

5 ‘‘(2) Upon receipt of the City’s acknowledge6 ment and release referred to in subsection (b)(1),

7 the Attorney General of the United States shall dis8 miss any pending litigation, if any, arising out of the

9 relocation of the City of North Bonneville, and exe10 cute a release of any and all rights to damages of

11 any kind under the February 20, 1987, judgment of

12 the United States Claims Court, including any inter13 est thereon.

14 ‘‘(3) Within sixty days after the conveyances

15 authorized in subsections (a)(1) through (a)(6)(A)

16 have been completed, the City shall execute an ac17 knowledgement that all entitlements under those

18 subsections have been completed and shall execute a

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

20 against the United States arising out of this legisla21 tion.

22 ‘‘(c) Beginning on the date of the enactment of this

23 Act, the City of North Bonneville, or any successor in in24 terest thereto, shall—
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1 ‘‘(1) be precluded from exercising any jurisdic2 tion over any lands owned in whole or in part by the

3 United States and administered by the U.S. Army

4 Corps of Engineers in connection with the Bonne5 ville project; and

6 ‘‘(2) be authorized to change the zoning des7 ignations of, sell, or resell Parcels S35 and S56,

8 which are presently designated as open spaces.’’.

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