II 

Calendar No. 1004 

110TH CONGRESS 

2D SESSION S. 3179 

To authorize the conveyance of certain public land in the State of New 

Mexico owned or leased by the Department of Energy, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2008 

Mr. BINGAMAN (for himself and Mr. DOMENICI) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Insert the part printed in italic] 

A BILL 

To authorize the conveyance of certain public land in the 

State of New Mexico owned or leased by the Department 

of Energy, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lovelace Respiratory 

5 Research Institute Land Conveyance Act’’. 


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1 SEC. 2. DEFINITION. 

2 In this Act: 

3 (1) INSTITUTE.—The term ‘‘Institute’’ means 

4 the Lovelace Respiratory Research Institute, a non5 profit organization chartered under the laws of the 

6 State of New Mexico. 

7 (2) MAP.—The term ‘‘map’’ means the map en8 titled ‘‘Lovelace Respiratory Research Institute 

9 Land Conveyance’’ and dated March 18, 2008. 

10 (3) SECRETARY CONCERNED.—The term ‘‘Sec11 retary concerned’’ means— 

12 (A) the Secretary of Energy, with respect 

13 to matters concerning the Department of En14 ergy; 

15 (B) the Secretary of the Interior, with re16 spect to matters concerning the Department of 

17 the Interior; and 

18 (C) the Secretary of the Air Force, with 

19 respect to matters concerning the Department 

20 of the Air Force. 

21 (4) SECRETARY OF ENERGY.—The term ‘‘Sec22 retary of Energy’’ means the Secretary of Energy, 

23 acting through the Administrator for the National 

24 Nuclear Security Administration. 


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1 SEC. 3. CONVEYANCE OF LAND. 

2 (a) IN GENERAL.—Notwithstanding section 120(h) 

3 of the Comprehensive Environmental Response, Com4 pensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) 

5 and subject to valid existing rights and this Act, the Sec6 retary of Energy, in consultation with the Secretary of the 

7 Interior and the Secretary of the Air Force, may convey 

8 to the Institute, on behalf of the United States, all right, 

9 title, and interest of the United States in and to the parcel 

10 of land described in subsection (b) for research, scientific, 

11 or educational use. 

12 (b) DESCRIPTION OF LAND.—The parcel of land re13 ferred to in subsection (a)— 

14 (1) is the approximately 135 acres of land iden15 tified as ‘‘Parcel A’’ on the map; 

16 (2) includes any improvements to the land de17 scribed in paragraph (1); and 

18 (3) excludes any portion of the utility system 

19 and infrastructure reserved by the Secretary of the 

20 Air Force under subsection (d). 

21 (c) OTHER FEDERAL AGENCIES.—The Secretary of 

22 the Interior and the Secretary of the Air Force shall com23 plete any real property actions, including the revocation 

24 of any Federal withdrawals of the parcel conveyed under 

25 subsection (a) and the parcel described in section (4)(a), 

26 that are necessary to allow the Secretary of Energy to— 


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1 (1) convey the parcel under subsection (a); or 

2 (2) transfer administrative jurisdiction under 

3 section 4. 

4 (d) RESERVATION OF UTILITY INFRASTRUCTURE

5 AND ACCESS.—The Secretary of the Air Force may retain 

6 ownership and control of— 

7 (1) any portions of the utility system and infra8 structure located on the parcel conveyed under sub9 section (a); and 

10 (2) any rights of access determined to be nec11 essary by the Secretary of the Air Force to operate 

12 and maintain the utilities on the parcel. 

13 (e) RESTRICTIONS ON USE.— 

14 (1) AUTHORIZED USES.—The Institute shall 

15 allow only research, scientific, or educational uses of 

16 the parcel conveyed under subsection (a). 

17 (2) REVERSION.— 

18 (A) IN GENERAL.—If, at any time, the 

19 Secretary of Energy, in consultation with the 

20 Secretary of the Air Force, determines, in ac21 cordance with subparagraph (B), that the par22 cel conveyed under subsection (a) is not being 

23 used for a purpose described in paragraph 

24 (1)— 


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1 (i) all right, title, and interest in and 

2 to the entire parcel, or any portion of the 

3 parcel not being used for the purposes, 

4 shall revert, at the option of the Secretary, 

5 to the United States; and 

6 (ii) the United States shall have the 

7 right of immediate entry onto the parcel. 

8 (B) REQUIREMENTS FOR DETERMINA9 TION.—Any determination of the Secretary 

10 under subparagraph (A) shall be made on the 

11 record and after an opportunity for a hearing. 

12 (f) COSTS.— 

13 (1) IN GENERAL.—The Secretary of Energy 

14 shall require the Institute to pay, or reimburse the 

15 Secretary concerned, for any costs incurred by the 

16 Secretary concerned in carrying out the conveyance 

17 under subsection (a), including any survey costs re18 lated to the conveyance. 

19 (2) REFUND.—If the Secretary concerned col20 lects amounts under paragraph (1) from the Insti21 tute before the Secretary concerned incurs the actual 

22 costs, and the amount collected exceeds the actual 

23 costs incurred by the Secretary concerned to carry 

24 out the conveyance, the Secretary concerned shall reVerDate Aug 31 2005 04:21 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3179.RS S3179

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1 fund to the Institute an amount equal to difference 

2 between— 

3 (A) the amount collected by the Secretary 

4 concerned; and 

5 (B) the actual costs incurred by the Sec6 retary concerned. 

7 (3) DEPOSIT IN FUND.— 

8 (A) IN GENERAL.—Amounts received by 

9 the United States under this subsection as a re10 imbursement or recovery of costs incurred by 

11 the Secretary concerned to carry out the con12 veyance under subsection (a) shall be deposited 

13 in the fund or account that was used to cover 

14 the costs incurred by the Secretary concerned 

15 in carrying out the conveyance. 

16 (B) USE.—Any amounts deposited under 

17 subparagraph (A) shall be available for the 

18 same purposes, and subject to the same condi19 tions and limitations, as any other amounts in 

20 the fund or account. 

21 (g) CONTAMINATED LAND.—In consideration for the 

22 conveyance of the parcel under subsection (a), the Insti23 tute shall— 

24 (1) take fee title to the parcel and any improve25 ments to the parcel, as contaminated; 


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1 (2) be responsible for undertaking and com2 pleting all environmental remediation required at, in, 

3 under, from, or on the parcel for all environmental 

4 conditions relating to or arising from the release or 

5 threat of release of waste material, substances, or 

6 constituents, in the same manner and to the same 

7 extent as required by law applicable to privately 

8 owned facilities, regardless of the date of the con9 tamination or the responsible party; 

10 (3) indemnify the United States for— 

11 (A) any environmental remediation or re12 sponse costs the United States reasonably in13 curs if the Institute fails to remediate the par14 cel; or 

15 (B) contamination at, in, under, from, or 

16 on the land, for all environmental conditions re17 lating to or arising from the release or threat 

18 of release of waste material, substances, or con19 stituents; 

20 (4) indemnify, defend, and hold harmless the 

21 United States from any damages, costs, expenses, li22 abilities, fines, penalties, claim, or demand for loss, 

23 including claims for property damage, personal in24 jury, or death resulting from releases, discharges, 

25 emissions, spills, storage, disposal, or any other acts 


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1 or omissions by the Institute and any officers, 

2 agents, employees, contractors, sublessees, licensees, 

3 successors, assigns, or invitees of the Institute aris4 ing from activities conducted, on or after October 1, 

5 1996, on the parcel conveyed under subsection (a); 

6 and 

7 (5) reimburse the United States for all legal 

8 and attorney fees, costs, and expenses incurred in 

9 association with the defense of any claims described 

10 in paragraph (4). 

11 (h) CONTINGENT ENVIRONMENTAL RESPONSE OBLI12 GATIONS.—If the Institute does not undertake or complete 

13 environmental remediation as required by subsection (g) 

14 and the United States is required to assume the respon15 sibilities of the remediation, the Secretary of Energy shall 

16 be responsible for conducting any necessary environmental 

17 remediation or response actions with respect to the parcel 

18 conveyed under subsection (a). 

19 (i) NO ADDITIONAL COMPENSATION.—Except as oth20 erwise provided in this Act, no additional consideration 

21 shall be required for conveyance of the parcel to the Insti22 tute under subsection (a). 

23 (j) ACCESS AND UTILITIES.—On conveyance of the 

24 parcel under subsection (a), the Secretary of the Air Force 

25 shall, on behalf of the United States and subject to any 


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1 terms and conditions as the Secretary determines to be 

2 necessary (including conditions providing for the reim3 bursement of costs), provide the Institute with— 

4 (1) access for employees and invitees of the In5 stitute across Kirtland Air Force Base to the parcel 

6 conveyed under that subsection; and 

7 (2) access to utility services for the land and 

8 any improvements to the land conveyed under that 

9 subsection. 

10 (k) ADDITIONAL TERM AND CONDITIONS.—The Sec11 retary of Energy, in consultation with the Secretary of the 

12 Interior and Secretary of the Air Force, may require any 

13 additional terms and conditions for the conveyance under 

14 subsection (a) that the Secretaries determine to be appro15 priate to protect the interests of the United States. 

16 SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

17 (a) IN GENERAL.—After the conveyance under sec18 tion 3(a) has been completed, the Secretary of Energy 

19 shall, on request of the Secretary of the Air Force, trans20 fer to the Secretary of the Air Force administrative juris21 diction over the parcel of approximately 7 acres of land 

22 identified as ‘‘Parcel B’’ on the map, including any im23 provements to the parcel. 

24 (b) REMOVAL OF IMPROVEMENTS.—In concurrence 

25 with the transfer under subsection (a), the Secretary of 


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1 Energy shall, on request of the Secretary of the Air Force, 

2 arrange and pay for removal of any improvements to the 

3 parcel transferred under that subsection. 


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Calendar No. 1004 

110TH CONGRESS 

2D SESSION S. 3179 

A BILL 

To authorize the conveyance of certain public land 

poses. the Department of Energy, and for other purin the State of New Mexico owned or leased by 

SEPTEMBER 16, 2008 

Reported with an amendment 


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