II 

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 

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’’. 

6 SEC. 2. DEFINITION. 

7 In this Act: 

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

9 the Lovelace Respiratory Research Institute, a nonVerDate Aug 31 2005 03:23 Jun 24, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3179.IS S3179

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1 profit organization chartered under the laws of the 

2 State of New Mexico. 

3 (2) MAP.—The term ‘‘map’’ means the map en4 titled ‘‘Lovelace Respiratory Research Institute 

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

6 (3) SECRETARY CONCERNED.—The term ‘‘Sec7 retary concerned’’ means— 

8 (A) the Secretary of Energy, with respect 

9 to matters concerning the Department of En10 ergy; 

11 (B) the Secretary of the Interior, with re12 spect to matters concerning the Department of 

13 the Interior; and 

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

15 respect to matters concerning the Department 

16 of the Air Force. 

17 (4) SECRETARY OF ENERGY.—The term ‘‘Sec18 retary of Energy’’ means the Secretary of Energy, 

19 acting through the Administrator for the National 

20 Nuclear Security Administration. 

21 SEC. 3. CONVEYANCE OF LAND. 

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

23 of the Comprehensive Environmental Response, Com24 pensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) 

25 and subject to valid existing rights and this Act, the SecVerDate Aug 31 2005 03:23 Jun 24, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3179.IS S3179

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1 retary of Energy, in consultation with the Secretary of the 

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

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

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

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

6 or educational use. 

7 (b) DESCRIPTION OF LAND.—The parcel of land re8 ferred to in subsection (a)— 

9 (1) is the approximately 135 acres of land iden10 tified as ‘‘Parcel A’’ on the map; 

11 (2) includes any improvements to the land de12 scribed in paragraph (1); and 

13 (3) excludes any portion of the utility system 

14 and infrastructure reserved by the Secretary of the 

15 Air Force under subsection (d). 

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

17 the Interior and the Secretary of the Air Force shall com18 plete any real property actions, including the revocation 

19 of any Federal withdrawals of the parcel conveyed under 

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

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

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

23 (2) transfer administrative jurisdiction under 

24 section 4. 


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1 (d) RESERVATION OF UTILITY INFRASTRUCTURE

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

3 ownership and control of— 

4 (1) any portions of the utility system and infra5 structure located on the parcel conveyed under sub6 section (a); and 

7 (2) any rights of access determined to be nec8 essary by the Secretary of the Air Force to operate 

9 and maintain the utilities on the parcel. 

10 (e) RESTRICTIONS ON USE.— 

11 (1) AUTHORIZED USES.—The Institute shall 

12 allow only research, scientific, or educational uses of 

13 the parcel conveyed under subsection (a). 

14 (2) REVERSION.— 

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

16 Secretary of Energy, in consultation with the 

17 Secretary of the Air Force, determines, in ac18 cordance with subparagraph (B), that the par19 cel conveyed under subsection (a) is not being 

20 used for a purpose described in paragraph 

21 (1)— 

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

23 to the entire parcel, or any portion of the 

24 parcel not being used for the purposes, 


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1 shall revert, at the option of the Secretary, 

2 to the United States; and 

3 (ii) the United States shall have the 

4 right of immediate entry onto the parcel. 

5 (B) REQUIREMENTS FOR DETERMINA6 TION.—Any determination of the Secretary 

7 under subparagraph (A) shall be made on the 

8 record and after an opportunity for a hearing. 

9 (f) COSTS.— 

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

11 shall require the Institute to pay, or reimburse the 

12 Secretary concerned, for any costs incurred by the 

13 Secretary concerned in carrying out the conveyance 

14 under subsection (a), including any survey costs re15 lated to the conveyance. 

16 (2) REFUND.—If the Secretary concerned col17 lects amounts under paragraph (1) from the Insti18 tute before the Secretary concerned incurs the actual 

19 costs, and the amount collected exceeds the actual 

20 costs incurred by the Secretary concerned to carry 

21 out the conveyance, the Secretary concerned shall re22 fund to the Institute an amount equal to difference 

23 between— 

24 (A) the amount collected by the Secretary 

25 concerned; and 


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1 (B) the actual costs incurred by the Sec2 retary concerned. 

3 (3) DEPOSIT IN FUND.— 

4 (A) IN GENERAL.—Amounts received by 

5 the United States under this subsection as a re6 imbursement or recovery of costs incurred by 

7 the Secretary concerned to carry out the con8 veyance under subsection (a) shall be deposited 

9 in the fund or account that was used to cover 

10 the costs incurred by the Secretary concerned 

11 in carrying out the conveyance. 

12 (B) USE.—Any amounts deposited under 

13 subparagraph (A) shall be available for the 

14 same purposes, and subject to the same condi15 tions and limitations, as any other amounts in 

16 the fund or account. 

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

18 conveyance of the parcel under subsection (a), the Insti19 tute shall— 

20 (1) take fee title to the parcel and any improve21 ments to the parcel, as contaminated; 

22 (2) be responsible for undertaking and com23 pleting all environmental remediation required at, in, 

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

25 conditions relating to or arising from the release or 


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1 threat of release of waste material, substances, or 

2 constituents, in the same manner and to the same 

3 extent as required by law applicable to privately 

4 owned facilities, regardless of the date of the con5 tamination or the responsible party; 

6 (3) indemnify the United States for— 

7 (A) any environmental remediation or re8 sponse costs the United States reasonably in9 curs if the Institute fails to remediate the par10 cel; or 

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

12 on the land, for all environmental conditions re13 lating to or arising from the release or threat 

14 of release of waste material, substances, or con15 stituents; 

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

17 United States from any damages, costs, expenses, li18 abilities, fines, penalties, claim, or demand for loss, 

19 including claims for property damage, personal in20 jury, or death resulting from releases, discharges, 

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

22 or omissions by the Institute and any officers, 

23 agents, employees, contractors, sublessees, licensees, 

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1 ing from activities conducted on the parcel conveyed 

2 under subsection (a); and 

3 (5) reimburse the United States for all legal 

4 and attorney fees, costs, and expenses incurred in 

5 association with the defense of any claims described 

6 in paragraph (4). 

7 (h) CONTINGENT ENVIRONMENTAL RESPONSE OBLI8 GATIONS.—If the Institute does not undertake or complete 

9 environmental remediation as required by subsection (g) 

10 and the United States is required to assume the respon11 sibilities of the remediation, the Secretary of Energy shall 

12 be responsible for conducting any necessary environmental 

13 remediation or response actions with respect to the parcel 

14 conveyed under subsection (a). 

15 (i) NO ADDITIONAL COMPENSATION.—Except as oth16 erwise provided in this Act, no additional consideration 

17 shall be required for conveyance of the parcel to the Insti18 tute under subsection (a). 

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

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

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

22 terms and conditions as the Secretary determines to be 

23 necessary (including conditions providing for the reim24 bursement of costs), provide the Institute with— 


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1 (1) access for employees and invitees of the In2 stitute across Kirtland Air Force Base to the parcel 

3 conveyed under that subsection; and 

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

5 any improvements to the land conveyed under that 

6 subsection. 

7 (k) ADDITIONAL TERM AND CONDITIONS.—The Sec8 retary of Energy, in consultation with the Secretary of the 

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

10 additional terms and conditions for the conveyance under 

11 subsection (a) that the Secretaries determine to be appro12 priate to protect the interests of the United States. 

13 SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

14 (a) IN GENERAL.—After the conveyance under sec15 tion 3(a) has been completed, the Secretary of Energy 

16 shall, on request of the Secretary of the Air Force, trans17 fer to the Secretary of the Air Force administrative juris18 diction over the parcel of approximately 7 acres of land 

19 identified as ‘‘Parcel B’’ on the map, including any im20 provements to the parcel. 

21 (b) REMOVAL OF IMPROVEMENTS.—In concurrence 

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

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


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1 arrange and pay for removal of any improvements to the 

2 parcel transferred under that subsection. 

Æ 


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