S.Amdt. 3382

SA 3382. Ms. CANTWELL (for herself and Mrs. Murray) submitted an amendment intended to be proposed by her to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:

On page 372, after line 17, insert the following:

SEC. 2844. LIMITATIONS ON CONVEYANCE OF NAVY PROPERTY AT DISCOVERY PARK, SEATTLE, WASHINGTON.

(a) Prohibition on Conveyance Through Housing Privatization Initiative.--The Secretary of the Navy may not convey the Navy property at Discovery Park pursuant to the authority in section 2878 of title 10, United States Code, or any other authority under the alternative authority for the acquisition and improvement of military housing under subchapter IV of chapter 169 of such title.

(b) Conveyance for Public Parks Purposes.--(1) If the Secretary determines that the Navy property at Discovery Park is excess property of the Department of the Navy, the Navy property at Discovery Park may be disposed of only through the authority provided under paragraph (2) for the conveyance of such property.

(2) The Secretary may convey, without consideration, to the State of Washington or the City of Seattle, Washington, all right, title, and interest of the United States in and to the Navy property at Discovery Park, for the purpose of establishing, expanding, or improving a public park or recreation area.

(c) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (b) shall be determined by a survey or surveys satisfactory to the Secretary.

(d) Responsibility for Environmental Cleanup.--The Secretary shall retain liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and any other applicable environmental statute or regulation, for any environmental hazard on the property conveyed under subsection (b) as of the date of the conveyance under that subsection.

(e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (b) as the Secretary considers appropriate to protect the interests of the United States.

(f) Definitions.--In this section:

(1) The term “Navy property at Discovery Park” means the following parcels of real property, together with any improvements thereon, located within the boundary of Discovery Park, Seattle, Washington:

(A) The parcel consisting of approximately 23.91 acres known as the Capehart Housing Complex.

(B) The parcel consisting of approximately 3.47 acres located at Montana Circle.

(C) The parcel consisting of approximately 3.76 acres located at Washington Avenue North.

(D) The parcel consisting of approximately 1.93 acres located at Washington Avenue South.

(2) The term “excess property” has the meaning given such term in section 102 of title 40, United States Code.