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, au-
thorized between the Secretary of the Army and the 
Nisqually Tribe and affecting the interests of the Bonne-
ville Power Administration.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. MODIFICATION OF LAND EXCHANGE AND CON-
SOLIDATION, FORT LEWIS, WASHINGTON. 
(a) PROPERTY TO BE TRANSFERRED TO SECRETARY 
OF THE INTERIOR IN TRUST.—Subsection (a)(1) of sec-
tion 2837 of the Military Construction Authorization Act 
for Fiscal Year 2002 (division B of Public Law 107–107; 
115 Stat. 1315) is amended—
(1) by striking ‘‘may convey to’’ and inserting 
‘‘may transfer to the Secretary of the Interior, in 
trust for’’; and 
(2) by striking ‘‘Washington, in’’ and all that 
follows through the period and inserting ‘‘Wash-
ington. The Secretary of the Army may make the 
transfer under the preceding sentence, and the Sec-
retary of the Interior may accept the property trans-
ferred in trust for the Nisqually Tribe under the 
preceding sentence, only in conjunction with the con-
veyance described in subsection (b)(2).’’. 
(b) INCREASE IN ACREAGE TO BE TRANSFERRED.—
Such subsection is further amended by striking ‘‘138 
acres’’ and inserting ‘‘168 acres’’. 
(c) QUALIFICATION ON PROPERTY TO BE TRANS-
FERRED.—Subsection (a)(2) of such section is amended—
(1) by striking ‘‘conveyance’’ and inserting 
‘‘transfer’’; and 
(2) by striking ‘‘or the right of way described 
in subsection (c)’’ and inserting ‘‘located on the real 
property transferred under that paragraph’’.
(d) CONSIDERATION.—Subsection (b) of such section 
is amended—
(1) in the matter preceding paragraph (1), by 
striking ‘‘conveyance’’ and inserting ‘‘transfer’’; and 
(2) in paragraph (2), by striking ‘‘fee title over 
the acquired property to the Secretary’’ and insert-
ing ‘‘to the United States fee title to the property 
acquired under paragraph (1), free from all liens, 
encumbrances or other interests other than those, if 
any, acceptable to the Secretary of the Army’’. 
(e) TREATMENT
OF EXISTING PERMIT RIGHTS; 
GRANT OF EASEMENT.—Such section is further amend-
ed—
(1) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) TREATMENT
OF EXISTING PERMIT RIGHTS; 
GRANT
OF EASEMENT.—(1) The transfer under sub-
section (a) recognizes and preserves 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 per-
mit dated February 4, 1949, as amended January 4, 
1952, between the Department of the Army and the Bon-
neville Power Administration with respect to any portion 
of the property transferred under subsection (a) upon 
which the Bonneville Power Administration retains trans-
mission facilities. The rights recognized and preserved in-
clude the right to upgrade those transmission facilities. 
‘‘(2) The permit rights recognized and preserved 
under paragraph (1) shall terminate only upon the Bonne-
ville Power Administration’s relocation of the transmission 
facilities referred to in paragraph (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 Ad-
ministration, without consideration and subject to the 
same rights recognized and preserved in paragraph (1), 
such additional easements across the property transferred 
under subsection (a) as the Bonneville Power Administra-
tion considers necessary to accommodate the relocation or 
reconnection of Bonneville Power Administration trans-
mission facilities from property owned by the Tribe and 
held by the Secretary of the Interior in trust for the 
Tribe.’’. 
(f) CONFORMING AMENDMENTS.—(1) Subsection (c) 
of such section is amended by inserting ‘‘of the Army’’ 
after ‘‘Secretary’’.