S.Amdt. 1724

SA 1724. Mr. UDALL of Colorado submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 565, after line 20, add the following:

SEC. 2832. LAND CONVEYANCE, PUEBLO ARMY DEPOT, COLORADO.

(a) Conveyance Authorized.--The Secretary of the Army may convey to the Pueblo Depot Development Authority, all right, title, and interest of the United States to a parcel of real property, including improvements thereon, consisting of approximately 3,000 acres located at the Pueblo Army Depot in Pueblo, Colorado, for the purposes of developing, constructing, and operating a large utility-scale renewable energy generating facility.

(b) Consideration.--As consideration for the conveyance under subsection (a), the Pueblo Depot Development Authority 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 Pueblo Depot Development Authority 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 Pueblo Depot Development Authority 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 Pueblo Depot Development Authority.

(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) 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.

(f) 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.