To authorize a land conveyance at Haines Tank Farm, Haines, Alaska.
What it does: Adds SEC. 2832. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA on page 565, line 20
Sen. Mark Begich (D-AK)Adds SEC. 2832. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA on page 565, line 20
Adds a sectionPrinted pageInserted: SEC. 2832. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA.
Inserted: (a) Conveyance Authorized.--The Secretary of the Army may convey to the Chilkoot Indian Association (in this section referred to as the "Association") all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 201 acres located at the former Haines Fuel Terminal (also known as the Haines Tank Farm) in Haines, Alaska, for the purpose of permitting the Association to develop a Deep Sea Port and for other industrial and commercial development purposes. To the extent practicable, the Secretary is encouraged to complete the conveyance by September 30, 2013, but not prior to the date of completion of all obligations referenced in subsection (e).
Inserted: (b) Consideration.--As consideration for the conveyance under subsection (a), the Association shall pay to the Secretary an amount equal to the fair market value of the property, as determined by the Secretary. The determination of the Secretary shall be final.
Inserted: (c) Reversionary Interest.--If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance, all right, title, and interest in and to such real property, including any improvements and appurtenant easements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
Inserted: (d) Payment of Costs of Conveyances.--
Inserted: (1) Payment required.--The Secretary shall require the Association 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 documentation, and other administrative costs related to the conveyance. If amounts are collected from the Association in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Association.
Inserted: (2) Treatment of amounts received.--Amounts received as reimbursements 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.
Inserted: (e) Savings Provision.--The Haines Tank Farm is currently under a remedial investigation (RI) for petroleum, oil and lubricants contamination. Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
Inserted: (f) Description of Property.--The exact acreage and legal description of the real property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary.
Inserted: (g) Additional Term 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
On page 565, after line 20, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
On page 565, after line 20, insert the following:
SEC. 2832. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to the Chilkoot Indian Association (in this section referred to as the “Association”) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 201 acres located at the former Haines Fuel Terminal (also known as the Haines Tank Farm) in Haines, Alaska, for the purpose of permitting the Association to develop a Deep Sea Port and for other industrial and commercial development purposes. To the extent practicable, the Secretary is encouraged to complete the conveyance by September 30, 2013, but not prior to the date of completion of all obligations referenced in subsection (e).
(b) Consideration.--As consideration for the conveyance under subsection (a), the Association shall pay to the Secretary an amount equal to the fair market value of the property, as determined by the Secretary. The determination of the Secretary shall be final.
(c) Reversionary Interest.--If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance, all right, title, and interest in and to such real property, including any improvements and appurtenant easements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the Association 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 documentation, and other administrative costs related to the conveyance. If amounts are collected from the Association in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Association.
(2) Treatment of amounts received.--Amounts received as reimbursements 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.
(e) Savings Provision.--The Haines Tank Farm is currently under a remedial investigation (RI) for petroleum, oil and lubricants contamination. Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f) Description of Property.--The exact acreage and legal description of the real property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary.
(g) Additional Term 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.
Legislative Activity
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Senate amendment proposed (on the floor): Amendment SA 1599 proposed by Senator Levin for Senator Begich.(consideration: CR S7851-7858; text: CR S7856)
July 22, 2009
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Senate amendment proposed (on the floor): Amendment SA 1599 proposed by Senator Levin for Senator Begich.(consideration: CR S7851-7858; text: CR S7856)
July 22, 2009
Senate amendment agreed to: Amendment SA 1599 agreed to in Senate by Unanimous Consent.
July 22, 2009
Amendment SA 1599 proposed by Senator Levin for Senator Begich. (consideration: CR S7851-7858; text: CR S7856) To authorize a land conveyance at Haines Tank Farm, Haines, Alaska.
July 22, 2009
Amendment SA 1599 agreed to in Senate by Unanimous Consent.
July 22, 2009
Senate amendment submitted
July 16, 2009