S.Amdt. 716

1. Adds SEC. 2825. PROPERTY CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, DOYLINE, LOUISIANA at the end of subtitle C of title XXVIII

   Adds a section

   In S. 1050 · Placed on Calendar Senate

   (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.

   Inserted: SEC. 2825. PROPERTY CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, DOYLINE, LOUISIANA.

   Inserted: (a) Identification of Covered Property.--This section applies specifically to the Louisiana Army Ammunition Plant (in this section referred to as the "Plant") in Doyline, Louisiana, consisting of approximately 14,949 acres, of which 13,665 acres are under license to the Military Department of the State of Louisiana and 1,284 acres are used by the Army Joint Munitions Command. (b) Conveyance Authorized.--The Secretary of the Army may convey, without consideration, to the State of Louisiana (in this section referred to as the "State") all right, title, and interest of the United States in and to the real property, including improvements thereon, that constitutes the Plant. The deed or other instrument of conveyance shall contain the conditions specified in subsections (d) and (e), specify that the United States and the State agree to such conditions, and specify that, if the State engages in a material breach of the conditions, title to the real property, including any improvements thereon, shall revert to the United States at the election of the Secretary. (c) Transfer of Equipment and Personal Property.--(1) As part of the conveyance under subsection (b), the Secretary may transfer, without consideration, to the State any Federal equipment and other items of Federal personal property that are in use or reserved for use at the Plant as of the date of the enactment of this Act. The transfer of equipment and personal property under the authority of this subsection is limited to equipment and personal property required for use by the Louisiana National Guard, as determined by the Secretary. (2) In the case of Federal equipment and other items of Federal personal property that are in use or reserved for use at the Plant as of the date of the enactment of this Act and that are not transferred under paragraph (1), the Secretary may sell the equipment and personal property and retain the proceeds from such sales for environmental remediation of the Plant. (d) Conditions of Conveyance.--(1) The State shall use the real property conveyed under subsection (a), and any equipment or other property transferred under subsection (c)(1), for purposes of training and supporting the National Guard and military forces of the United States, for promoting and supporting reuse of infrastructure for industrial or other economic development, and for such other purposes as the Secretary may authorize. (2) The Secretary and the State shall negotiate the terms of the conveyance such that the conveyance may become a model of a public-private partnership. As such, the terms of the conveyance may include any or all of the following: (A) Sharing in revenues from tenants located at the Plant as a result of the Armament Retooling and Manufacturing Support program and from the divestment and sale of the equipment. (B) The State shall honor and continue all real estate agreements made by the Army and the facility use contractor through the existing terms of those instruments after the conveyance, as determined by the Secretary. (C) Subject to subsection (g), the State shall obtain sufficient revenue, including revenue derived from timber, water, and other natural reserves located on the real property and managed in accordance with sound conservation practices, to maintain and improve the conveyed property for purposes of training and supporting the National Guard and military forces of the United States and for promoting and supporting reuse of infrastructure for industrial or other economic development. (3) For purposes of monitoring the extent to which the conveyed property is being used in accordance with the requirements of this section, the Secretary shall be given access to such documents as the Secretary determines to be necessary, and the Secretary may require the advance approval by the Secretary for such contracts, conveyances of real or personal property, or other transactions regarding the conveyed property as the Secretary determines to be necessary. (4) The cost and responsibility for the monitoring of any agreed to land use controls shall be borne by the State. (e) Activities of Army Joint Munition Command.--(1) The State shall permit the Army Joint Munitions Command (or its successor commands) to continue to utilize those portions of the Plant utilized by the Army Joint Munitions Command as of the date on which the conveyance under subsection (b) is made. (2) The conveyance shall provide for the orderly transition of any operational permits which may be needed for the continued operation, either by the Army or any current tenants. The time limit for that transition shall be negotiated between the parties, but need not take place before the actual conveyance. (3) The Army Joint Munitions Command and the State shall each comply with the duties and obligations imposed on them pursuant to the agreement entitled "Memorandum Of Agreement Between The U.S. Army Industrial Operations Command And The Military Department, State of Louisiana, Through The Adjutant General For The Transfer Of Training Lands At The Louisiana Army Ammunition Plant", dated April 26, 2000, until such time as Army Joint Munitions Command terminates operations at the Plant. Thereafter, the Army Joint Munitions Command shall continue to be responsible for and retain responsibility for existing environmental clean-up, remediation, and restoration of all known and unknown environmental contamination and liability for all parcels of land, associated ground waters, and surface waters within the conveyed property according to the terms of the agreement, as provided in the agreement and according to law. (4) In the case of any waste products stored at the conveyed property by the Army Joint Munitions Command or its agents, contractors, or licensees, other than the State, as of the date of the conveyance under subsection (b), the United States shall retain title to, and responsibility for, the products. (f) Maintenance of Cemeteries.--Upon completion of the conveyance under subsection (b), the State shall assume responsibility for the nine cemeteries located on the conveyed property. (g) Mineral Rights.--The United States shall retain all mineral rights associated with the Plant, and the Secretary may sell the minerals, on behalf of the United States, and retain and use the proceeds from such sales for environmental remediation of the Plant. (h) 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 satisfactory to the Secretary. The cost of the survey shall be borne by the State. (i) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

   Original wording

   At the end of subtitle C of title XXVIII, add the following new section:

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As printed