[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 1340 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 1340
To modify the project for Bonneville Lock and Dam, Columbia River,
Oregon and Washington.
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IN THE HOUSE OF REPRESENTATIVES
March 28, 1995
Mrs. Smith of Washington introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
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A BILL
To modify the project for Bonneville Lock and Dam, Columbia River,
Oregon and Washington.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. BONNEVILLE LOCK AND DAM, COLUMBIA RIVER, OREGON AND
WASHINGTON.
(a) Project Modification.--
(1) In general.--The project for Bonneville Lock and Dam,
Columbia River, Oregon and Washington, authorized by the Act of
August 20, 1937 (50 Stat. 731), and modified by section 83 of
the Water Resources Development Act of 1974 (88 Stat. 35), is
further modified to authorize the Secretary of the Army
(hereinafter in this section referred to as the ``Secretary'')
to convey to the city of North Bonneville, Washington, at no
further cost to the city, all right, title, and interest of the
United States in and to the following:
(A) Any municipal facilities, utilities fixtures,
and equipment for the relocated city, and any remaining
lands designated as open spaces or municipal lots not
previously conveyed to the city, specifically, Lots M1
through M15, M16 (the ``community center lot''), M18,
M19, M22, M24, S42 through S45, and S52 through S60.
(B) The ``school lot'' described as Lot 2, block 5,
on the plat of relocated North Bonneville.
(C) Parcels 2 and C, but only upon the completion
of any environmental response actions required under
applicable law.
(D) That portion of Parcel B lying south of the
existing city boundary, west of the sewage treatment
plant, and north of the drainage ditch that is located
adjacent to the northerly limit of the Hamilton Island
landfill, provided the Secretary determines, at the
time of the proposed conveyance, that the Department of
the Army has taken all action necessary to protect
human health and the environment.
(E) Such portions of Parcel H which can be conveyed
without a requirement for further investigation,
inventory, or other action by the Department of the
Army under the provisions of the National Historic
Preservation Act.
(F) Such easements as the Secretary deems necessary
for--
(i) sewer and water line crossings of
relocated Washington State Highway 14; and
(ii) reasonable public access to the
Columbia River across those portions of
Hamilton Island that remain under the ownership
of the United States.
(2) Time period for conveyances.--The conveyances referred
to in paragraphs (1)(A), (1)(B), (1)(E), and (1)(F)(i) shall be
completed within 180 days after the United States receives the
release referred to in paragraph (4). All other conveyances
shall be completed expeditiously, subject to any conditions
specified in the applicable subsection.
(3) Purpose.--The purpose of the conveyances authorized by
paragraph (1) is to resolve all outstanding issues between the
United States and the city of North Bonneville.
(4) Acknowledgment of payment; release of claims relating
to relocation of city.--As a prerequisite to such conveyances,
the city of North Bonneville shall execute an acknowledgment of
payment of just compensation and shall execute a release of any
and all claims for relief of any kind against the United States
growing out of the relocation of the city of North Bonneville,
or any prior Federal legislation relating thereto, and shall
dismiss, with prejudice, any pending litigation, if any,
involving such matters.
(5) Release by attorney general.--Upon receipt of the
city's acknowledgment and release referred to in paragraph (4),
the Attorney General of the United States shall dismiss any
pending litigation, if any, arising out of the relocation of
the city of North Bonneville, and execute a release of any and
all rights to damages of any kind under the February 20, 1987,
judgment of the United States Claims Court, including any
interest thereon.
(6) Acknowledgment of entitlements; release by city of
claims under this subsection.--Within 60 days after the
conveyances authorized by paragraph (1) (other than
subparagraph (F)(ii)) have been completed, the city shall
execute an acknowledgment that all entitlements under such
paragraph have been completed and shall execute a release of
any and all claims for relief of any kind against the United
States arising out of this subsection.
(7) Effects on city.--Beginning on the date of the
enactment of this Act, the city of North Bonneville, or any
successor in interest thereto, shall--
(A) be precluded from exercising any jurisdiction
over any lands owned in whole or in part by the United
States and administered by the United States Army Corps
of Engineers in connection with the Bonneville project;
and
(B) be authorized to change the zoning designations
of, sell, or resell Parcels S35 and S56, which are
presently designated as open spaces.
(b) Repeal.--Section 9147 of the Department of Defense
Appropriations Act, 1993 (106 Stat. 1940-1941) is repealed.
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