S.Amdt. 2560Senate118th Congress (2023-2025)
S.Amdt. 2560
Sponsored by
Sen. Alex Padilla (D-CA)
Submitted July 11, 2024
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Senate amendment submitted
July 11, 2024
Text
Submitted
SA 2560. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4638, to authorize appropriations for fiscal year 2025 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: At the end of subtitle C of title XXVIII, add the following: SEC. 2836. LAND CONVEYANCE AND AUTHORIZATION FOR INTERIM LEASE, DEFENSE FUEL SUPPORT POINT SAN PEDRO, LOS ANGELES, CALIFORNIA. (a) Conveyance Authorized.--The Secretary of the Navy (in this section referred to as the ``Secretary''), may convey to the city of Los Angeles or the city of Lomita, California, at a cost less than fair market value, all right, title, and interest of the United States in and to parcels of real property, including any improvements thereon, known as the ballfields and the firing range at Naval Weapons Station Seal Beach, Defense Fuel Support Point, San Pedro, California, as further described in subsection (i), for the purposes of permitting the city of Los Angeles or the city of Lomita (as appropriate) to use such conveyed parcel of real property for park and recreational activities or law enforcement affiliated purposes, as set forth in subsection (e). (b) Interim Lease.-- (1) In general.--Until such time as a parcel of real property described in subsection (a) is conveyed to the city of Los Angeles or the city of Lomita (as appropriate), the Secretary may lease such parcel or a portion of such parcel to either the city of Los Angeles or the city of Lomita at no cost for a term of not more than 3 years. (2) Limitation.--If the conveyance under subsection (a) of a parcel leased under paragraph (1), is not completed within the period of the lease term, the Secretary shall have no further obligation to make any part of such parcel available for use by the city of Los Angeles or the city of Lomita (as appropriate). (c) Consideration.-- (1) Consideration required.--As consideration for a conveyance under subsection (a), the city of Los Angeles or the city of Lomita (as appropriate) shall pay to the Secretary an amount determined by the Secretary, which may consist of cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. (2) In-kind consideration.--In-kind consideration provided by the city of Los Angeles or the city of Lomita (as appropriate) under this subsection may include-- (A) the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any [[Page S4902]] property, facility, or infrastructure with proximity to Naval Weapons Station Seal Beach, that the Secretary considers acceptable; or (B) the delivery of services relating to the needs of Naval Weapons Station Seal Beach that the Secretary considers acceptable. (3) Treatment of amounts received for conveyance.--Cash payments received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out a conveyance under subsection (a) shall be-- (A) credited to and merged with the fund or account used to cover the costs incurred by the Secretary in carrying out the conveyance or an appropriate fund or account available to the Secretary for the purposes for which the costs were paid; and (B) available for the same purposes and subject to the same conditions and limitations as amounts in such fund or account. (4) Payment of costs of conveyance.-- (A) Payment required.--The Secretary shall require the city of Los Angeles or the city of Lomita (as appropriate) 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 a conveyance under subsection (a) or an inteirm lease under subsection (b), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance or lease execution. (B) Refund of excess amounts.--If amounts collected from the city of Los Angeles or the city of Lomita under subparagraph (A) exceed the costs actually incurred by the Secretary to carry out a conveyance under subsection (a) or an interim lease execution under subsection (b), the Secretary shall refund the excess amount to the city of Los Angeles or the city of Lomita (as appropriate). (d) Valuation.--The values of the property interests to be conveyed by the Secretary under subsection (a) shall be determined by an independent appraiser selected by the Secretary and in accordance with the Uniform Standards of Professional Appraisal Practice. (e) Conditions of Conveyance.--A conveyance under subsection (a) shall be subject to all existing easements, restrictions, and covenants of record and the following conditions: (1) The parcels of real property described in paragraphs (1) and (2) of subsection (i) shall be used solely for park and recreational activities, which may include ancillary uses such as vending and restrooms. (2) The parcel of real property described in paragraph (3) of subsection (i) shall be used solely for law enforcement affiliated purposes. (3) The city of Los Angeles or the city of Lomita (as appropriate) may not use Federal funds to cover any portion of the amounts required by subsection (c) to be paid. (f) Exclusion of Requirements for Prior Screening.--Section 2696(b) of title 10, United States Code, and the requirements under title V of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.) relating to prior screenings shall not apply to a conveyance under subsection (a) or the grant of interim lease authorized under subsection (b). (g) Reversionary Interest.-- (1) In general.--If the Secretary determines at any time that a parcel of real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in this section, all right, title, and interest in and to the land, including any improvements thereon, 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. (2) Opportunity for hearing.--A determination by the Secretary under paragraph (1) shall be made on the record after an opportunity for a hearing. (h) Conveyance Agreement.--A conveyance of land under subsection (a) shall be accomplished-- (1) using a quitclaim deed or other legal instrument; and (2) upon terms and conditions mutually satisfactory to the Secretary and the city of Los Angeles or the city of Lomita (as appropriate), including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States. (i) Description of Property.--The parcels of real property that may be conveyed under subsection (a) are the following: (1) The City of Lomita Ballfield Parcel consisting of approximately 5.7 acres. (2) The City of Los Angeles Ballfield Parcels consisting of approximately 15.3 acres. (3) The firing range located at 2981 North Gaffey Street, San Pedro, California, consisting of approximately 3.2 acres. (j) Rule of Construction.--Nothing in this section affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). ______