I 

108TH CONGRESS 

2D SESSION H. R. 4272

To amend the Military Construction Authorization Act for Fiscal Year 2002 

to modify the terms and scope of a land exchange involving Fort Lewis, 

Washington, authorized between the Secretary of the Army and the 

Nisqually Tribe and affecting the interests of the Bonneville Power 

Administration. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2004

Mr. SMITH of Washington introduced the following bill; which was referred to 

the Committee on Armed Services 

A BILL

To amend the Military Construction Authorization Act for 

Fiscal Year 2002 to modify the terms and scope of 

a land exchange involving Fort Lewis, Washington, authorized between the Secretary of the Army and the 

Nisqually Tribe and affecting the interests of the Bonneville Power Administration.

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

3 SECTION 1. MODIFICATION OF LAND EXCHANGE AND CON4 SOLIDATION, FORT LEWIS, WASHINGTON. 

5 (a) PROPERTY TO BE TRANSFERRED TO SECRETARY

6 OF THE INTERIOR IN TRUST.—Subsection (a)(1) of sec-
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1 tion 2837 of the Military Construction Authorization Act 

2 for Fiscal Year 2002 (division B of Public Law 107–107; 

3 115 Stat. 1315) is amended—

4 (1) by striking ‘‘may convey to’’ and inserting 

5 ‘‘may transfer to the Secretary of the Interior, in 

6 trust for’’; and 

7 (2) by striking ‘‘Washington, in’’ and all that 

8 follows through the period and inserting ‘‘Wash9 ington. The Secretary of the Army may make the 

10 transfer under the preceding sentence, and the Sec11 retary of the Interior may accept the property trans12 ferred in trust for the Nisqually Tribe under the 

13 preceding sentence, only in conjunction with the con14 veyance described in subsection (b)(2).’’. 

15 (b) INCREASE IN ACREAGE TO BE TRANSFERRED.—

16 Such subsection is further amended by striking ‘‘138 

17 acres’’ and inserting ‘‘168 acres’’. 

18 (c) QUALIFICATION ON PROPERTY TO BE TRANS19 FERRED.—Subsection (a)(2) of such section is amended—

20 (1) by striking ‘‘conveyance’’ and inserting 

21 ‘‘transfer’’; and 

22 (2) by striking ‘‘or the right of way described 

23 in subsection (c)’’ and inserting ‘‘located on the real 

24 property transferred under that paragraph’’. 
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1 (d) CONSIDERATION.—Subsection (b) of such section 

2 is amended—

3 (1) in the matter preceding paragraph (1), by 

4 striking ‘‘conveyance’’ and inserting ‘‘transfer’’; and 

5 (2) in paragraph (2), by striking ‘‘fee title over 

6 the acquired property to the Secretary’’ and insert7 ing ‘‘to the United States fee title to the property 

8 acquired under paragraph (1), free from all liens, 

9 encumbrances or other interests other than those, if 

10 any, acceptable to the Secretary of the Army’’. 

11 (e) TREATMENT OF EXISTING PERMIT RIGHTS; 

12 GRANT OF EASEMENT.—Such section is further amend13 ed—

14 (1) by redesignating subsections (d) and (e) as 

15 subsections (e) and (f), respectively; and 

16 (2) by inserting after subsection (c) the fol17 lowing new subsection: 

18 ‘‘(d) TREATMENT OF EXISTING PERMIT RIGHTS; 

19 GRANT OF EASEMENT.—(1) The transfer under sub20 section (a) recognizes and preserves to the Bonneville 

21 Power Administration, in perpetuity and without the right 

22 of revocation except as provided in paragraph (2), rights 

23 in existence at the time of the conveyance under the per24 mit dated February 4, 1949, as amended January 4, 

25 1952, between the Department of the Army and the Bon-
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1 neville Power Administration with respect to any portion 

2 of the property transferred under subsection (a) upon 

3 which the Bonneville Power Administration retains trans4 mission facilities. The rights recognized and preserved in5 clude the right to upgrade those transmission facilities. 

6 ‘‘(2) The permit rights recognized and preserved 

7 under paragraph (1) shall terminate only upon the Bonne8 ville Power Administration’s relocation of the transmission 

9 facilities referred to in paragraph (1), and then only with 

10 respect to that portion of those transmission facilities that 

11 are relocated. 

12 ‘‘(3) The Secretary of the Interior, as trustee for the 

13 Nisqually Tribe, shall grant to the Bonneville Power Ad14 ministration, without consideration and subject to the 

15 same rights recognized and preserved in paragraph (1), 

16 such additional easements across the property transferred 

17 under subsection (a) as the Bonneville Power Administra18 tion considers necessary to accommodate the relocation or 

19 reconnection of Bonneville Power Administration trans20 mission facilities from property owned by the Tribe and 

21 held by the Secretary of the Interior in trust for the 

22 Tribe.’’. 

23 (f) CONFORMING AMENDMENTS.—(1) Subsection (c) 

24 of such section is amended by inserting ‘‘of the Army’’ 

25 after ‘‘Secretary’’. 
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1 (2) Subsection (e) of such section (as redesignated 

2 by subsection (e)(1)) is amended—

3 (A) by striking ‘‘conveyed’’ and inserting 

4 ‘‘transferred’’; 

5 (B) by inserting ‘‘of the Army’’ after ‘‘Sec6 retary’’; and 

7 (C) by striking ‘‘the recipient of the property 

8 being surveyed’’ and inserting ‘‘the Tribe, in the 

9 case of the transfer under subsection (a), and the 

10 Secretary of the Army, in the case of the acquisition 

11 under subsection (b)’’. 

12 (3) Subsection (f) of such section (as redesignated by 

13 subsection (e)(1)) is amended—

14 (A) by inserting ‘‘of the Army’’ after ‘‘Sec15 retary’’ both places it appears; and 

16 (B) by striking ‘‘conveyances under this sec17 tion’’ and inserting ‘‘transfer under subsection (a) 

18 and conveyances under subsections (b)(2) and (c)’’.

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