I
110th CONGRESS
1st Session
H. R. 4829
IN THE HOUSE OF REPRESENTATIVES
December 18, 2007
Mr. Paul introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To authorize the Secretary of the Army to convey the surface estate of the San Jacinto Disposal Area to the city of Galveston, Texas.
Authorization to convey the surface estate of the San Jacinto Disposal Area in Galveston, Texas
Section 108 of the Energy and Water Development Appropriations Act, 1994 (33 U.S.C. 59hh) is amended to read as follows:
In general
The Secretary of the
Army is authorized to convey to the city of Galveston, Texas, the surface
estate of all or any part of a parcel of land containing approximately 605
acres known as the San Jacinto Disposal Area located on the east end of
Galveston Island, Texas, in the W.A.A. Wallace Survey, A–647 and A–648, city of
Galveston, Galveston County, Texas, being part of the old Fort San Jacinto site
(in this section referred to as the Disposal Area surface
estate
), at the fair market value of the Disposal Area surface estate
to be determined in accordance with the provisions of subsection (d). Such
conveyance shall only be made by the Secretary of the Army upon the agreement
of the Secretary and the city as to all compensation due herein.
Compensation for conveyance
In general
Upon receipt of compensation from the city of Galveston, the Secretary shall convey the Disposal Area surface estate, or any part of the Disposal Area surface estate.
Conveyance of the Disposal Area surface estate
If the full Disposal Area surface estate is conveyed, the compensation shall be—
conveyance to the Department of the Army of
the surface estate of a parcel of land containing approximately 564 acres on
Pelican Island, Texas, in the Eneas Smith Survey, A–190, Pelican Island, city
of Galveston, Galveston County, Texas, adjacent to property currently owned by
the United States (in this section referred to as the Pelican Island
surface estate
), with the fair market value of the Pelican Island
surface estate being determined in accordance with subsection (d); and
payment to the United States of an amount equal to the difference between the fair market value of the Disposal Area surface estate and the fair market value of the Pelican Island surface estate.
Conveyance of part of the Disposal Area surface estate
If the conveyance is 125 acres or less, compensation shall be an amount equal to the fair market value of the part of the Disposal Area surface estate to be conveyed, with the fair market value of the part of the Disposal Area surface estate to be conveyed being determined in accordance with subsection (d).
Disposition of Spoil
Costs of maintaining the Galveston Harbor and Channel will continue to be governed by the Local Cooperation Agreement (LCA) between the United States of America and the city of Galveston dated October 18, 1973, as amended. Upon conveyance of the Disposal Area surface estate, or any part of the Disposal Area surface estate, the Department of the Army shall be compensated directly for the present value of the total costs to the Department for disposal of dredge material and site preparation pursuant to the LCA, if any, in excess of the present value of the total costs that would have been incurred if this conveyance had not been made.
Determination of fair market value
The fair market value of the Disposal Area surface estate or the part of the Disposal Area surface estate to be conveyed and the Pelican Island surface estate shall be determined by independent appraisers using the market value method.
Navigational servitude
Declaration of nonnavigability; public interest
Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the Disposal Area surface estate are not in the public interest then, subject to paragraphs (2) and (3), the Disposal Area surface estate is declared to be nonnavigable waters of the United States.
Limits on applicability; regulatory requirements
The declaration under paragraph (1) shall apply only to those parts of the Disposal Area surface estate which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations including, but not limited to, sections 9 and 10 of the Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403), commonly known as the Rivers and Harbors Appropriations Act of 1899, section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Expiration date
If, on October 28, 2013, any area or part of the Disposal Area surface estate is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in paragraph (2), or if work in connection with any activity permitted in paragraph (2) is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire.
Survey and study
The Disposal Area surface estate and the Pelican Island surface estate shall be surveyed and further legally described prior to conveyance.
.