II 

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. 

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

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

4 TEXAS. 

5 (a) CONVEYANCE AUTHORIZED.— 

6 (1) IN GENERAL.—The Secretary of the Army 

7 (in this section referred to as the ‘‘Secretary’’) may 

8 convey to El Paso Water of the Public Service 

9 Board in El Paso, Texas (in this section referred to 

10 as ‘‘El Paso Water’’), all right, title, and interest of 


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1 the United States in and to a parcel of real prop2 erty, including any improvements thereon, consisting 

3 of approximately 45.3 acres, known as the Kay Bai4 ley Hutchison Desalination Plant, and an adjoining 

5 parcel of approximately 20 acres, located at Fort 

6 Bliss, Texas, for the purposes of stormwater flood 

7 control for Fort Bliss and the neighboring area. 

8 (2) CONTINUATION OF EXISTING EASEMENTS, 

9 RESTRICTIONS, AND COVENANTS.—The conveyance 

10 of the property under paragraph (1) shall be subject 

11 to any existing easement, restriction, and covenant, 

12 including the easement numbered DACA63–2–09– 

13 0524 and titled ‘‘Easement for desalination plant, 

14 water pipeline and related support structures in sup15 port of a water supply agreement’’ (in this section 

16 referred to as the ‘‘existing easement’’). 

17 (b) PAYMENT OF FAIR MARKET VALUE.— 

18 (1) IN GENERAL.—As consideration for the con19 veyance under subsection (a), El Paso Water shall 

20 pay to the Secretary an amount equal to the fair 

21 market value of the property to be conveyed as de22 termined by the Secretary, which may consist of 

23 cash payment, in-kind consideration as described in 

24 paragraph (2), or a combination thereof. 


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1 (2) IN-KIND CONSIDERATION.—In-kind consid2 eration provided by El Paso Water under paragraph 

3 (1) may include one or more of the following: 

4 (A) Discounted or stabilized water com5 modity rates in accordance with the terms and 

6 conditions of any water service or supply agree7 ment in place on the date of the enactment of 

8 this Act and referenced in the existing ease9 ment. 

10 (B) The delivery of services relating to the 

11 needs of Fort Bliss that the Secretary considers 

12 acceptable. 

13 (c) REVERSIONARY INTEREST.— 

14 (1) IN GENERAL.—If the Secretary determines 

15 that the property conveyed under subsection (a) is 

16 not being used in accordance with the purpose of the 

17 conveyance specified in such subsection, all right, 

18 title, and interest in and to the property, including 

19 any improvements thereto, may, at the option of the 

20 Secretary, revert to and become the property of the 

21 United States, and the United States may have the 

22 right of immediate entry onto such property. 

23 (2) OPPORTUNITY FOR HEARING.—A deter24 mination by the Secretary under paragraph (1) may 


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1 be made on the record after an opportunity for a 

2 hearing. 

3 (d) PAYMENT OF COSTS OF CONVEYANCE.— 

4 (1) PAYMENT REQUIRED.—The Secretary may 

5 require El Paso Water to cover all costs (except 

6 costs for environmental remediation of the property) 

7 to be incurred by the Secretary, or to reimburse the 

8 Secretary for such costs incurred by the Secretary, 

9 to carry out the conveyance under subsection (a), in10 cluding costs for appraisals, environmental and real 

11 estate due diligence, and any other administrative 

12 costs related to the conveyance. 

13 (2) REFUND OF EXCESS AMOUNTS.—If 

14 amounts are collected from El Paso Water under 

15 paragraph (1) in advance of the Secretary incurring 

16 the actual costs, and the amount collected exceeds 

17 the costs actually incurred by the Secretary to carry 

18 out the conveyance under subsection (a), the Sec19 retary shall refund the excess amount to El Paso 

20 Water. 

21 (e) LIMITATION ON SOURCE OF FUNDS.—El Paso 

22 Water may not use Federal funds to cover any portion 

23 of the costs required to be paid by El Paso Water under 

24 this section. 


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1 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

2 and legal description of the property to be conveyed under 

3 subsection (a) shall be determined by a survey satisfactory 

4 to the Secretary. 

5 (g) ADDITIONAL TERMS AND CONDITIONS.—The 

6 Secretary may require such additional terms and condi7 tions in connection with the conveyance under subsection 

8 (a) as the Secretary considers appropriate to protect the 

9 interests of the United States. 

Æ 


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