To authorize the conveyance of the John Kunkel Army Reserve Center, Warren, Ohio.
What it does: Adds SEC. 2823. LAND CONVEYANCE, JOHN KUNKEL ARMY RESERVE CENTER, WARREN, OHIO at the end of subtitle C of title XXVIII
Sen. Sherrod Brown (D-OH)What it changes
1 change to S. 1867 · shown in the bill's text
Adds SEC. 2823. LAND CONVEYANCE, JOHN KUNKEL ARMY RESERVE CENTER, WARREN, OHIO at the end of subtitle C of title XXVIII
Adds a sectionIn S. 1867 · Placed on Calendar Senate
Section 2856(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2689) is amended by inserting before the period at the end the following: ", before the property or portion thereof is made available for transfer pursuant to the Hawaiian Home Lands Recovery Act (title II of Public Law 104-42; 109 Stat. 357), for use by any other Federal agency, or for disposal under applicable laws".
Inserted: SEC. 2823. LAND CONVEYANCE, JOHN KUNKEL ARMY RESERVE CENTER, WARREN, OHIO.
Inserted: (a) Conveyance Authorized.--The Secretary of the Army may convey to the Western Reserve Port Authority of Vienna, Ohio (in this section referred to as the "Port Authority"), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 6.95 acres and containing the John Kunkel Army Reserve Center located at 4967 Tod Avenue in Warren, Ohio, for the purpose of permitting the Port Authority to use the parcel for development of a port facility and for other public purposes.
Inserted: (b) Inclusion of Personal Property.--The Secretary of the Army may include as part of the conveyance under subsection (a) personal property located at the John Kunkel Army Reserve Center that--
Inserted: (1) the Secretary of Transportation recommends would be appropriate for the development or operation of a port facility at the site; and
Inserted: (2) the Secretary of the Army agrees is excess to the needs of the Army.
Inserted: (c) Interim Lease.--Until such time as the real property described in subsection (a) is conveyed to the Port Authority, the Secretary of the Army may lease the property to the Port Authority.
Inserted: (d) Consideration.--
Inserted: (1) Conveyance.--The conveyance under subsection (a) shall be made without consideration as a public benefit conveyance for port development if the Secretary of the Army determines that the Port Authority satisfies the criteria specified in section 554 of title 40, United States Code, and regulations prescribed to implement such section. If the Secretary determines that the Port Authority fails to qualify for a public benefit conveyance, but the Port Authority still desires to acquire the property, the Port Authority shall pay to the United States an amount equal to the fair market value of the property to be conveyed. The fair market value of the property shall be determined by the Secretary.
Inserted: (2) Lease.--The Secretary of the Army may accept as consideration for a lease of the property under subsection (c) an amount that is less than fair market value if the Secretary determines that the public interest will be served as a result of the lease.
Inserted: (e) Payment of Costs of Conveyance.--
Inserted: (1) Payment required.--The Secretary shall require the Port Authority to reimburse the Secretary to cover costs (except costs for environmental remediation of the property) 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 for environmental documentation, and any other administrative costs related to the conveyance.
Inserted: (2) Treatment of amounts received.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those 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.
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Inserted: (f) Description of Property.--The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Army and the Port Authority. The cost of such survey shall be borne by the Port Authority.
Inserted: (g) Additional Terms and Conditions.--The Secretary of the Army may require such additional terms and conditions in connection with the conveyance 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:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1263. Mr. BROWN of Ohio submitted an amendment intended to be proposed by him to the bill S. 1867, to authorize appropriations for fiscal year 2012 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; as follows:
At the end of subtitle C of title XXVIII, add the following:
SEC. 2823. LAND CONVEYANCE, JOHN KUNKEL ARMY RESERVE CENTER, WARREN, OHIO.
(a) Conveyance Authorized.--The Secretary of the Army may convey to the Western Reserve Port Authority of Vienna, Ohio (in this section referred to as the “Port Authority”), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 6.95 acres and containing the John Kunkel Army Reserve Center located at 4967 Tod Avenue in Warren, Ohio, for the purpose of permitting the Port Authority to use the parcel for development of a port facility and for other public purposes.
(b) Inclusion of Personal Property.--The Secretary of the Army may include as part of the conveyance under subsection (a) personal property located at the John Kunkel Army Reserve Center that--
(1) the Secretary of Transportation recommends would be appropriate for the development or operation of a port facility at the site; and
(2) the Secretary of the Army agrees is excess to the needs of the Army.
(c) Interim Lease.--Until such time as the real property described in subsection (a) is conveyed to the Port Authority, the Secretary of the Army may lease the property to the Port Authority.
(d) Consideration.--
(1) Conveyance.--The conveyance under subsection (a) shall be made without consideration as a public benefit conveyance for port development if the Secretary of the Army determines that the Port Authority satisfies the criteria specified in section 554 of title 40, United States Code, and regulations prescribed to implement such section. If the Secretary determines that the Port Authority fails to qualify for a public benefit conveyance, but the Port Authority still desires to acquire the property, the Port Authority shall pay to the United States an amount equal to the fair market value of the property to be conveyed. The fair market value of the property shall be determined by the Secretary.
(2) Lease.--The Secretary of the Army may accept as consideration for a lease of the property under subsection (c) an amount that is less than fair market value if the Secretary determines that the public interest will be served as a result of the lease.
(e) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the Port Authority to reimburse the Secretary to cover costs (except costs for environmental remediation of the property) 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 for environmental documentation, and any other administrative costs related to the conveyance.
(2) Treatment of amounts received.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those 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.
(f) Description of Property.--The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Army and the Port Authority. The cost of such survey shall be borne by the Port Authority.
(g) Additional Terms and Conditions.--The Secretary of the Army may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States.
Legislative Activity
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Considered by Senate. (consideration: CR S8095)
December 1, 2011
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Considered by Senate. (consideration: CR S8095)
December 1, 2011
Point of order that the amendment violates Rule XXII raised in Senate with respect to amendment SA 1263.
December 1, 2011
Amendment SA 1263 ruled non-germane by the chair.
December 1, 2011
Considered by Senate. (consideration: CR S8014)
November 30, 2011
Considered by Senate. (consideration: CR S7944)
November 29, 2011
Considered by Senate. (consideration: CR S7886)
November 28, 2011
Senate amendment submitted
November 18, 2011
Senate amendment proposed (on the floor): Amendment SA 1263 proposed by Senator Levin for Senator Brown OH.(consideration: CR S7817-7819; text: CR S7817-7818)
November 18, 2011
Amendment SA 1263 proposed by Senator Levin for Senator Brown OH. (consideration: CR S7817-7819; text: CR S7817-7818) To authorize the conveyance of the John Kunkel Army Reserve Center, Warren, Ohio.
November 18, 2011