H. R. 4200—334
(e) TREATMENT OF EXISTING PERMIT RIGHTS; GRANT OF EASE-
MENT.—Such section is further amended—
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new sub-
section:
‘‘(d) TREATMENT OF EXISTING PERMIT RIGHTS; GRANT OF EASE-
MENT.—(1) The transfer under subsection (a) recognizes and pre-
serves to the Bonneville Power Administration, in perpetuity and
without the right of revocation except as provided in paragraph
(2), rights in existence at the time of the conveyance under the
permit dated February 4, 1949, as amended January 4, 1952,
between the Department of the Army and the Bonneville Power
Administration with respect to any portion of the property trans-
ferred under subsection (a) upon which the Bonneville Power
Administration retains transmission facilities. The rights recognized
and preserved include the right to upgrade those transmission
facilities.
‘‘(2) The permit rights recognized and preserved under para-
graph (1) shall terminate only upon the Bonneville Power Adminis-
tration’s relocation of the transmission facilities referred to in para-
graph (1), and then only with respect to that portion of those
transmission facilities that are relocated.
‘‘(3) The Secretary of the Interior, as trustee for the Nisqually
Tribe, shall grant to the Bonneville Power Administration, without
consideration and subject to the same rights recognized and pre-
served in paragraph (1), such additional easements across the prop-
erty transferred under subsection (a) as the Bonneville Power
Administration considers necessary to accommodate the relocation
or reconnection of Bonneville Power Administration transmission
facilities from property owned by the Tribe and held by the Sec-
retary of the Interior in trust for the Tribe.’’.
(f) CONFORMING AMENDMENTS.—(1) Subsection (c) of such sec-
tion is amended by inserting ‘‘of the Army’’ after ‘‘Secretary’’.
(2) Subsection (e) of such section (as redesignated by subsection
(e)(1)) is amended—
(A) by striking ‘‘conveyed’’ and inserting ‘‘transferred’’;
(B) by inserting ‘‘of the Army’’ after ‘‘Secretary’’; and
(C) by striking ‘‘the recipient of the property being sur-
veyed’’ and inserting ‘‘the Tribe, in the case of the transfer
under subsection (a), and the Secretary of the Army, in the
case of the acquisition under subsection (b)’’.
(3) Subsection (f) of such section (as redesignated by subsection
(e)(1)) is amended—
(A) by inserting ‘‘of the Army’’ after ‘‘Secretary’’ both place
it appears; and
(B) by striking ‘‘conveyances under this section’’ and
inserting ‘‘transfer under subsection (a) and conveyances under
subsections (b)(2) and (c)’’.
PART II—NAVY CONVEYANCES
SEC. 2861. LAND EXCHANGE, FORMER RICHMOND NAVAL AIR STATION,
FLORIDA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to the University of Miami, Miami, Florida (in this section
referred to as the ‘‘University’’), all right, title, and interest of
H. R. 4200—335
the United States in and to certain parcels of real property, together
with any improvements thereon, consisting of approximately 14
acres and located in the vicinity of the former Richmond Naval
Air Station, Florida, in order to facilitate force protection and secu-
rity needs of Department of Defense facilities located on the former
Richmond Naval Air Station.
(b) RELEASE
OF EASEMENTS.—As part of the conveyance of
property authorized by subsection (a), the Secretary may also—
(1) release and extinguish any interest of the United States
in a clearance easement on the western portion of the property
of the University; and
(2) release and extinguish any interest of the United States
in a certain easement for ingress and egress extending south-
west and south from Southwest 127th Street along the western
property line of a certain portion of United States property
referred to as ‘‘IE2’’ in the Agreement in Principle referred
to in subsection (e)(2).
(c) CONSIDERATION.—As consideration for the conveyance of
property authorized by subsection (a) and the release and
extinguishment of interests authorized by subsection (b), the
University shall—
(1) convey to the United States all right, title, and interest
of the University in and to certain parcels of real property,
together with any improvements thereon, consisting of approxi-
mately 12 acres;
(2) grant to the United States such easement over a parcel
of real property located along the western boundary of the
property of the University as the Secretary considers appro-
priate to permit the United States to exercise dominion and
control over the portion of the western boundary of the property
of the University that has been, or may be, designated as
Natural Forest Community habitat;
(3) construct and install a berm and fence security system
along the entirety of the new property line between the United
States and the University;
(4) relocate the existing security gate and guard building,
or establish a new security gate and guard building similar
in design and size to the existing security gate and guard
building, at a point where the property of the United States
and the University intersect on the existing ingress-egress road;
and
(5) construct a new two-lane access road from Southwest
152nd Street at the western boundary of the property of the
University to a point that connects with the existing road
on the property of the United States (commonly referred to
as the ‘‘FAA Road’’).
(d) CONSTRUCTION WITH PREVIOUS CONVEYANCE.—Any restric-
tions on the use as an animal research facility of a certain parcel
of real property, consisting of approximately 30 acres, conveyed
by the Secretary of Health and Human Services to the University
pursuant to section 647 of the Omnibus Consolidated Appropriations
Act, 1997 (Public Law 104–208; 110 Stat. 3009–366) shall terminate
upon the execution of the agreement of exchange required by sub-
section (e).
(e) TERMS OF EXCHANGE.—(1) The Secretary and the University
shall carry out the conveyances and releases of interest authorized
by this section pursuant to an agreement of exchange (to be known
H. R. 4200—336
as the ‘‘Exchange Agreement’’) between the Secretary and the
University.
(2) The agreement of exchange shall conform to, and develop
with more particularity, the Agreement in Principle executed by
the United States and the University on July 13 through 15, 2004.
(f) PAYMENT OF COSTS.—(1) The Secretary may require the
University to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyances under this section and the release and
grants of interests under this section, including survey costs, costs
related to environmental documentation, and other administrative
costs related to such activities. If amounts paid to the Secretary
in advance exceed the costs actually incurred by the Secretary
to carry out such activities, the Secretary shall refund the excess
amount to the University.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary. Amounts so credited shall
be merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under this section, and
of the interests to be released or granted under this section, shall
be determined by surveys satisfactory to the Secretary.
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section, and the release and grants
of interests under this section, as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 2862. LAND CONVEYANCE, HONOLULU, HAWAII.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey, without consideration but subject to the conditions specified
in subsection (b), to the City and County of Honolulu, Hawaii,
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting of
approximately 5.16 acres located at 890 Valkenberg Avenue, Hono-
lulu, Hawaii, and currently used by the City and County of Honolulu
as the site of a fire station and firefighting training facility. The
purpose of the conveyance is to enhance the capability of the City
and County of Honolulu to provide fire protection and firefighting
services to the civilian and military properties in the area and
to provide a location for firefighting training for civilian and military
personnel.
(b) CONDITIONS OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the following conditions:
(1) That the City and County of Honolulu accept the real
property in its condition at the time of the conveyance, com-
monly known as conveyance ‘‘as is’’.
(2) That the City and County of Honolulu make the fire-
fighting training facility available to the fire protection and
firefighting units of the military departments for training not
less than two days per week on terms satisfactory to the Sec-
retary.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
shall require the City and County of Honolulu to cover costs to
H. R. 4200—337
be incurred by the Secretary, or to reimburse the Secretary for
costs incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to environmental
documentation, and other administrative costs related to the convey-
ance. If amounts are collected from the City and County of Honolulu
in advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the Sec-
retary to carry out the conveyance, the Secretary shall refund
the excess amount, without interest, to the City and County of
Honolulu.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2863. LAND CONVEYANCE, NAVY PROPERTY, FORMER FORT
SHERIDAN, ILLINOIS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey, without consideration, to the State of Illinois, a political
subdivision of the State, or a nonprofit land conservation organiza-
tion (in this section referred to as the ‘‘grantee’’) all right, title,
and interest of the United States in and to certain parcels of
real property consisting of a total of approximately 25 acres of
environmentally sensitive land at the former Fort Sheridan, Illinois,
for the purpose of ensuring the permanent protection of the land.
(b) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used or maintained in accordance with the purpose
of the conveyance specified in such subsection, all right, title, and
interest in and to the property shall revert, at the option of the
Secretary, to the United States, and the United States shall have
the right of immediate entry onto the property. Any determination
of the Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(c) RECONVEYANCE AUTHORIZED.—The Secretary may permit
the grantee to convey the real property conveyed under subsection
(a) to another eligible entity described in such subsection, subject
to the same covenants and terms and conditions as provided in
the deed from the United States.
(d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
shall require the grantee to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental documenta-
tion, and other administrative costs related to the conveyance.
If amounts are collected from the grantee in advance of the Sec-
retary incurring the actual costs, and the amount collected exceeds