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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5529 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5529

  To authorize the conveyance by the Secretary of the Army of certain 
     property located at Fort Bliss, Texas, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2024

   Mr. Cruz introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To authorize the conveyance by the Secretary of the Army of certain 
     property located at Fort Bliss, Texas, and for other purposes.

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

SECTION 1. LAND CONVEYANCE, FORT BLISS, EL PASO, TEXAS.

    (a) Conveyance Authorized.--
            (1) In general.--The Secretary of the Army (in this section 
        referred to as the ``Secretary'') may convey to El Paso Water 
        of the Public Service Board in El Paso, Texas (in this section 
        referred to as ``El Paso Water''), all right, title, and 
        interest of the United States in and to a parcel of real 
        property, including any improvements thereon, consisting of 
        approximately 45.3 acres, known as the Kay Bailey Hutchison 
        Desalination Plant, and an adjoining parcel of approximately 20 
        acres, located at Fort Bliss, Texas, for the purposes of 
        stormwater flood control for Fort Bliss and the neighboring 
        area.
            (2) Continuation of existing easements, restrictions, and 
        covenants.--The conveyance of the property under paragraph (1) 
        shall be subject to any existing easement, restriction, and 
        covenant, including the easement numbered DACA63-2-09-0524 and 
        titled ``Easement for desalination plant, water pipeline and 
        related support structures in support of a water supply 
        agreement'' (in this section referred to as the ``existing 
        easement'').
    (b) Payment of Fair Market Value.--
            (1) In general.--As consideration for the conveyance under 
        subsection (a), El Paso Water shall pay to the Secretary an 
        amount equal to the fair market value of the property to be 
        conveyed as determined by the Secretary, which may consist of 
        cash payment, in-kind consideration as described in paragraph 
        (2), or a combination thereof.
            (2) In-kind consideration.--In-kind consideration provided 
        by El Paso Water under paragraph (1) may include one or more of 
        the following:
                    (A) Discounted or stabilized water commodity rates 
                in accordance with the terms and conditions of any 
                water service or supply agreement in place on the date 
                of the enactment of this Act and referenced in the 
                existing easement.
                    (B) The delivery of services relating to the needs 
                of Fort Bliss that the Secretary considers acceptable.
    (c) Reversionary Interest.--
            (1) In general.--If the Secretary determines that the 
        property conveyed under subsection (a) is not being used in 
        accordance with the purpose of the conveyance specified in such 
        subsection, all right, title, and interest in and to the 
        property, including any improvements thereto, may, at the 
        option of the Secretary, revert to and become the property of 
        the United States, and the United States may have the right of 
        immediate entry onto such property.
            (2) Opportunity for hearing.--A determination by the 
        Secretary under paragraph (1) may be made on the record after 
        an opportunity for a hearing.
    (d) Payment of Costs of Conveyance.--
            (1) Payment required.--The Secretary may require El Paso 
        Water to cover all costs (except costs for environmental 
        remediation of the property) to be incurred by the Secretary, 
        or to reimburse the Secretary for such costs incurred by the 
        Secretary, to carry out the conveyance under subsection (a), 
        including costs for appraisals, environmental and real estate 
        due diligence, and any other administrative costs related to 
        the conveyance.
            (2) Refund of excess amounts.--If amounts are collected 
        from El Paso Water under paragraph (1) in advance of the 
        Secretary incurring the actual costs, and the amount collected 
        exceeds the costs actually incurred by the Secretary to carry 
        out the conveyance under subsection (a), the Secretary shall 
        refund the excess amount to El Paso Water.
    (e) Limitation on Source of Funds.--El Paso Water may not use 
Federal funds to cover any portion of the costs required to be paid by 
El Paso Water under this section.
    (f) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary.
    (g) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.
                                 <all>
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