I 

114TH CONGRESS 

2D SESSION H. R. 5017 

To direct the Secretary of Transportation, acting through the Maritime Administrator, to release all remaining right, title, and interest of the 

United States in and to a parcel of real property in Richland, Washington, to the Port of Benton. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2016 

Mr. NEWHOUSE introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To direct the Secretary of Transportation, acting through 

the Maritime Administrator, to release all remaining 

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

to a parcel of real property in Richland, Washington, 

to the Port of Benton. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Port of Benton Re5 striction Release Act of 2016’’. 

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1 SEC. 2. RELEASE OF RESTRICTIONS, RICHLAND INNOVA2 TION CENTER, RICHLAND, WASHINGTON. 

3 (a) RELEASE AUTHORIZED.—The Secretary of 

4 Transportation, acting through the Maritime Adminis5 trator and in consultation with the Administrator of Gen6 eral Services, may, upon receipt of full consideration as 

7 provided in subsection (b), release all remaining right, 

8 title, and interest of the United States in and to a parcel 

9 of real property, including any improvements thereon, in 

10 Richland, Washington, consisting as of the date of the en11 actment of this Act of approximately 71.5 acres and con12 taining personal and real property, to the Port of Benton 

13 (hereafter in this section referred to as the ‘‘Port’’). 

14 (b) CONSIDERATION.— 

15 (1) CONSIDERATION REQUIRED.—As consider16 ation for the release under subsection (a), the Port 

17 shall provide an amount that is acceptable to the 

18 Secretary of Transportation, whether by cash pay19 ment, in-kind consideration as described under para20 graph (2), or a combination thereof, at such time as 

21 the Secretary may require. The Secretary may deter22 mine the level of acceptable consideration under this 

23 paragraph on the basis of the value of the restric24 tions released under subsection (a), but only if the 

25 value of such restrictions is determined without re26 gard to any improvements made by the Port. 

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1 (2) IN-KIND CONSIDERATION.—In-kind consid2 eration provided by the Port under paragraph (1) 

3 may include the acquisition, construction, provision, 

4 improvement, maintenance, repair, or restoration 

5 (including environmental restoration), or combina6 tion thereof, of any facility or infrastructure under 

7 the jurisdiction of any office of the Federal Govern8 ment. 

9 (3) TREATMENT OF CONSIDERATION RE10 CEIVED.—Consideration in the form of cash pay11 ment received by the Secretary under paragraph (1) 

12 shall be deposited in the separate fund in the Treas13 ury described in section 572(a)(1) of title 40, United 

14 States Code. 

15 (c) PAYMENT OF COST OF RELEASE.— 

16 (1) PAYMENT REQUIRED.—The Secretary of 

17 Transportation shall require the Port to cover costs 

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

19 Secretary for such costs incurred by the Secretary, 

20 to carry out the release under subsection (a), includ21 ing survey costs, costs for environmental documenta22 tion related to the release, and any other administra23 tive costs related to the release. If amounts are col24 lected from the Port in advance of the Secretary in25 curring the actual costs, and the amount collected 

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1 exceeds the costs actually incurred by the Secretary 

2 to carry out the release, the Secretary shall refund 

3 the excess amount to the Port. 

4 (2) TREATMENT OF AMOUNTS RECEIVED.— 

5 Amounts received as reimbursement under para6 graph (1) shall be credited to the fund or account 

7 that was used to cover the costs incurred by the Sec8 retary in carrying out the release under subsection 

9 (a) or, if the period of availability of obligations for 

10 that appropriation has expired, to the appropriations 

11 of fund that is currently available to the Secretary 

12 for the same purpose. Amounts so credited shall be 

13 merged with amounts in such fund or account and 

14 shall be available for the same purposes, and subject 

15 to the same conditions and limitations, as amounts 

16 in such fund or account. 

17 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

18 and legal description of the real property which is the sub19 ject of the release under subsection (a) shall be determined 

20 by a survey satisfactory to the Secretary of Transpor21 tation. 

22 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

23 Secretary of Transportation may require such additional 

24 terms and conditions in connection with the release under 

25 subsection (a) as the Secretary, in consultation with the 

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1 Administrator of General Services, considers appropriate 

2 to protect the interests of the United States. 

Æ 

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