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S. 1894 (106th): A bill to provide for the conveyance of certain land to Park County, Wyoming.


The text of the bill below is as of Jun 27, 2000 (Reported by Senate Committee).


S 1894 RS

Calendar No. 633

106th CONGRESS

2d Session

S. 1894

[Report No. 106-315]

To provide for the conveyance of certain land to Park County, Wyoming.

IN THE SENATE OF THE UNITED STATES

November 9, 1999

Mr. THOMAS (for himself and Mr. ENZI) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

June 27, 2000

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

To provide for the conveyance of certain land to Park County, Wyoming.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. CONVEYANCE OF LAND TO PARK COUNTY, WYOMING. [<-Struck out]

    [Struck out->] (a) FINDINGS- Congress finds that-- [<-Struck out]

      [Struck out->] (1) the parcel of land described in subsection (d) has been withdrawn from the public domain for reclamation purposes and is managed by the Bureau of Reclamation; [<-Struck out]

      [Struck out->] (2) the land has been subject to a withdrawal review, a level I contaminant survey, and historical, cultural, and archaeological resource surveys by the Bureau of Reclamation; [<-Struck out]

      [Struck out->] (3) the Bureau of Land Management has conducted a cadastral survey of the land and has determined that the land is no longer suitable for return to the public domain; and [<-Struck out]

      [Struck out->] (4) the Bureau of Reclamation and the Bureau of Land Management concur in the recommendation of disposal of the land as described in the documents referred to in paragraph (2). [<-Struck out]

    [Struck out->] (b) DEFINITIONS- In this Act: [<-Struck out]

      [Struck out->] (1) COUNTY- The term ‘County’ means Park County, Wyoming. [<-Struck out]

      [Struck out->] (2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior. [<-Struck out]

    [Struck out->] (c) CONVEYANCE- In consideration of payment of $240,000 to the Secretary by the County, the Secretary shall convey to the County all right, title, and interest of the United States in and to the parcel of land described in subsection (d). [<-Struck out]

    [Struck out->] (d) DESCRIPTION OF PROPERTY- The parcel of land described in this subsection is the parcel located in the County comprising 190.12 acres, the legal description of which is as follows: [<-Struck out]

[Struck out->] Sixth Principal Meridian, Park County, Wyoming [<-Struck out]

[Struck out->] T. 53 N., R. 101 W. [<-Struck out]

-- [Struck out->] Acreage [<-Struck out]

[Struck out->] Section 20, S 1/2 SE 1/4 SW 1/4 SE 1/4 [<-Struck out]

-- [Struck out->] 5.00 [<-Struck out]

[Struck out->] Section 29, Lot 7 [<-Struck out]

-- [Struck out->] 9.91 [<-Struck out]

[Struck out->] Lot 9 [<-Struck out]

-- [Struck out->] 38.24 [<-Struck out]

[Struck out->] Lot 10 [<-Struck out]

-- [Struck out->] 31.29 [<-Struck out]

[Struck out->] Lot 12 [<-Struck out]

-- [Struck out->] 5.78 [<-Struck out]

[Struck out->] Lot 13 [<-Struck out]

-- [Struck out->] 8.64 [<-Struck out]

[Struck out->] Lot 14 [<-Struck out]

-- [Struck out->] 0.04 [<-Struck out]

[Struck out->] Lot 15 [<-Struck out]

-- [Struck out->] 9.73 [<-Struck out]

[Struck out->] S 1/2 NE 1/4 NE 1/4 NW 1/4 [<-Struck out]

-- [Struck out->] 5.00 [<-Struck out]

[Struck out->] SW 1/4 NE 1/4 NW 1/4 [<-Struck out]

-- [Struck out->] 10.00 [<-Struck out]

[Struck out->] SE 1/4 NW 1/4 NW 1/4 [<-Struck out]

-- [Struck out->] 10.00 [<-Struck out]

[Struck out->] NW 1/4 SW 1/4 NW 1/4 [<-Struck out]

-- [Struck out->] 10.00 [<-Struck out]

[Struck out->] Tract 101 [<-Struck out]

-- [Struck out->] 13.24 [<-Struck out]

[Struck out->] Section 30, Lot 31 [<-Struck out]

-- [Struck out->] 16.95 [<-Struck out]

[Struck out->] Lot 32 [<-Struck out]

-- [Struck out->] 16.30 [<-Struck out]

    [Struck out->] (e) RESERVATION OF RIGHTS- The instrument of conveyance under subsection (c) shall reserve all rights to locatable, salable, and leasable oil and gas reserves. [<-Struck out]

    [Struck out->] (f) LEASES, EASEMENTS, RIGHTS-OF-WAY, AND SPECIAL USE PERMITS- The conveyance under subsection (c) shall be subject to any land use leases, easements, rights-of-way, and special use permits in existence as of the date of the conveyance. [<-Struck out]

    [Struck out->] (g) ENVIRONMENTAL LIABILITY- [<-Struck out]

      [Struck out->] (1) LIABILITY OF THE FUTURE OWNERS- [<-Struck out]

        [Struck out->] (A) FINDING- Congress finds that-- [<-Struck out]

          [Struck out->] (i) the United States has in good faith exercised due diligence in accordance with applicable laws (including regulations), in an effort to identify any environmental contamination on the parcel of land described in subsection (d); and [<-Struck out]

          [Struck out->] (ii) the parcel is free of any environmental contamination. [<-Struck out]

        [Struck out->] (B) RELEASE FROM LIABILITY- The United States holds harmless and releases from all liability any future owners of the conveyed land for any violation of environmental law or other contamination problem arising from any action or inaction of any tenant of the land that vacates the lease before the date of the conveyance under subsection (c). [<-Struck out]

      [Struck out->] (2) LIABILITY OF TENANTS- A tenant of the parcel of land described in subsection (d) on the date of the conveyance or thereafter shall be liable for any violation of environmental law or other contamination problem that results from any action or inaction of the tenant after the date of the conveyance. [<-Struck out]

    [Struck out->] (h) USE OF LAND- The conveyance under subsection (c) shall be subject to the condition that the County-- [<-Struck out]

      [Struck out->] (1) use the land for the promotion of economic development; or [<-Struck out]

      [Struck out->] (2) transfer the land to a local organization formed for the purpose of promoting economic development. [<-Struck out]

    [Struck out->] (i) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (c) as the Secretary considers appropriate to protect the interests of the United States. [<-Struck out]

SECTION 1. CONVEYANCE OF LAND TO PARK COUNTY, WYOMING.

    (a) FINDINGS- Congress finds that--

      (1) over eighty-two percent of the land in Park County, Wyoming, is owned by the Federal Government;

      (2) the parcel of land described in subsection (d) located in Park County has been withdrawn from the public domain for reclamation purposes and is managed by the Bureau of Reclamation;

      (3) the land has been subject to a withdrawal review, a level I contaminant survey, and historical, cultural, and archaeological resource surveys by the Bureau of Reclamation;

      (4) the Bureau of Land Management has conducted a cadastral survey of the land and has determined that the land is no longer suitable for return to the public domain;

      (5) the Bureau of Reclamation and the Bureau of Land Management concur in the recommendation of disposal of the land as described in the documents referred to in paragraphs (3) and (4); and

      (6) the County has evinced an interest in using the land for the purposes of local economic development.

    (b) DEFINITIONS- In this Act:

      (1) COUNTY- The term ‘County’ means Park County, Wyoming.

      (2) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the General Services Administration.

    (c) CONVEYANCE- In consideration of payment of $240,000 to the Administrator by the County, the Administrator shall convey to the County all right, title, and interest of the United States in and to the parcel of land described in subsection (d).

    (d) DESCRIPTION OF PROPERTY- The parcel of land described in this subsection is the parcel located in the County comprising 190.12 acres, the legal description of which is as follows:

Sixth Principal Meridian, Park County, Wyoming

T. 53 N., R. 101 W.

--Acreage

Section 20, S 1/2 SE 1/4 SW 1/4 SE 1/4

--5.00

Section 29, Lot 7

--9.91

Lot 9

--38.24

Lot 10

--31.29

Lot 12

--5.78

Lot 13

--8.64

Lot 14

--0.04

Lot 15

--9.73

S 1/2 NE 1/4 NE 1/4 NW 1/4

--5.00

SW 1/4 NE 1/4 NW 1/4

--10.00

SE 1/4 NW 1/4 NW 1/4

--10.00

NW 1/4 SW 1/4 NW 1/4

--10.00

Tract 101

--13.24

Section 30, Lot 31

--16.95

Lot 32

--16.30

    (e) RESERVATION OF RIGHTS- The instrument of conveyance under subsection (c) shall reserve all rights to locatable, salable, leaseable coal, oil, or gas resources.

    (f) LEASES, EASEMENTS, RIGHTS-OF-WAY, AND OTHER RIGHTS- The conveyance under subsection (c) shall be subject to any land-use leases, easements, rights-of-way, or valid existing rights in existence as of the date of the conveyance.

    (g) ENVIRONMENTAL LIABILITY- As a condition of the conveyance under subsection (c), the United States shall comply with the provisions of section 9620(h) of title 42, United States Code.

    (h) ADDITIONAL TERMS AND CONDITIONS- The Administrator may require such additional terms and conditions in connection with the conveyance under subsection (c) as the Administrator considers appropriate to protect the interests of the United States.

    (i) TREATMENT OF AMOUNTS RECEIVED- The net proceeds received by the United States as payment under subsection (c) shall be deposited into the fund established in section 490(f) of title 40 of the United States Code, and may be expended by the Administrator for real property management and related activities not otherwise provided for, without further authorization.

Calendar No. 633

106th CONGRESS

2d Session

S. 1894

[Report No. 106-315]

A BILL

To provide for the conveyance of certain land to Park County, Wyoming.


June 27, 2000

Reported with an amendment