Library / Laws / 113th / hr / H.R. 2145 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 2145
IN THE HOUSE OF REPRESENTATIVES
May 23, 2013
Mr. Calvert (for
himself, Mr. Ruiz, and
Mr. Takano) introduced the following
bill; which was referred to the Committee
on Agriculture
A BILL
To provide for the conveyance of a small parcel of
Natural Resources Conservation Service property in Riverside, California, and
for other purposes.
1.
Findings
Congress finds as follows:
(1) Since 1935, the United States has owned a
parcel of land in Riverside, California, consisting of approximately 9.5 acres,
more specifically described in section 2(a) (in this section referred to as the
property).
(2) The property is
administered by the Department of Agriculture and has been variously used for
research and plant materials purposes.
(3) Since 1998, the
property has been administered by the Natural Resources Conservation
Service.
(4) Since 2002, the property has been
co-managed under a cooperative agreement between the Natural Resources
Conservation Service and the Riverside Corona Resource Conservation District,
which is a legal subdivision of the State of California under section 9003 of
the California Public Resources Code.
(5) The Conservation District wishes to acquire
the property and use it for conservation, environmental, and related
educational purposes.
(6) As provided in this Act, the conveyance of
the property to the Conservation District would promote the Conservation
District’s conservation education and related purposes and result in savings to
the Federal Government.
2.
Land conveyance,
Natural Resources Conservation Service property, Riverside County,
California
(a)
Conveyance
authorized
The Secretary of
Agriculture shall convey and quitclaim to the Riverside Corona Resource
Conservation District (in this section referred to as the Conservation
District) all right, title, and interest of the United States in and to
a parcel of real property, including improvements thereon, that is located at
4500 Glenwood Drive in Riverside, California, consists of approximately 9.5
acres, and is administered by the Natural Resources Conservation Service of the
Department of Agriculture. As necessary or desirable for the conveyance under
this subsection, the Secretary or the Conservation District may survey all or
portions of the property to be conveyed.
(b)
Consideration
(1)
Value in
use
Subject to paragraph (2),
the Conservation District shall pay to the Secretary an amount equal to the
value in use of the property to be conveyed under subsection (a) as
consideration for the conveyance of the property.
(2)
Required
reductions
The amount otherwise determined under paragraph (1)
shall be reduced by—
(A) the value of the
improvements on the property provided for by non-Federal sources; and
(B) the amount of any rental rate abatements
negotiated and agreed to by the Secretary for the continued use of the property
by the Department during the 10-year period beginning upon the conveyance of
the property.
(c)
Deposit and use
of consideration
The amounts
received as consideration under subsection (b) shall be credited to the
applicable appropriation of the Natural Resources Conservation Service for
conservation operations in California and shall remain available, without
further appropriation, until expended as the Secretary may direct.
(d)
Prohibition on
reservation of interest
The
Secretary shall not reserve any future interest in the property to be conveyed
under subsection (a), except that which may be acceptable to the Conservation
District.
(e)
Hazardous
substances
Notwithstanding
section 120(h) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.), in the conveyance of the property under subsection (a),
the Secretary shall be only required to meet the disclosure requirements for
hazardous substances, pollutants, or contaminants, but shall otherwise not be
required to remediate or abate any such releases of hazardous substances,
pollutants, or contaminants, including petroleum and petroleum
derivatives.
(f)
Cooperative
authority
(1)
Leases,
contracts, and cooperative agreements authorized
In conjunction with, or in addition to, the
conveyance under subsection (a), the Secretary may enter into leases, contracts
and cooperative agreements with the Conservation District.
(2)
Sole
source
Notwithstanding
sections 3105, 3301, and 3303 to 3305 of title 41, United States Code, or any
other provision of law, the Secretary may lease real property from the
Conservation District on a noncompetitive basis.
(3)
Non-exclusive
authority
The authority provided by this subsection is in
addition to any other authority of the Secretary.
(g)
Additional terms
and conditions
The Secretary
may require such reasonable terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate to
protect the interests of the United States, except that the conveyance does not
require further administrative or environmental analyses or examination.