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Full Text of this Amendment

SA 3592. Mr. DOMENICI submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

On page 1362, between lines 19 and 20, insert the following:
(a) Definitions.--In this section:
(1) BOARD.--The term ``Board'' means the Chihuahuan Desert Nature Park Board.
(2) NATURE PARK.--The term ``Nature Park'' means the Chihuahuan Desert Nature Park, Inc., a nonprofit corporation in the State of New Mexico.
(b) Conveyance of Land.--
(1) IN GENERAL.--Not later than 1 year after the date of enactment of this Act, subject to valid existing rights and subsection (c), the Secretary shall convey to the Nature Park, by quitclaim deed, for no consideration, all right, title, and interest of the United States in and to the land described in paragraph (2)
(A) IN GENERAL.--The parcel of land referred to in paragraph (1) consists of the approximately 935.62 acres of land in Dona Ana County, New Mexico, which is more particularly described--
(i) as sections 17, 20, and 21 of T. 21 S., R. 2 E., N.M.P.M.; and
(ii) in an easement deed dated May 14, 1998, from the Department of Agriculture to the Nature Park.
(B) MODIFICATIONS.--The Secretary may modify the description of the land under subparagraph (A) to--
(i) correct errors in the description; or
(ii) facilitate management of the land.
(c) Conditions.--The conveyance of land under subsection (b) shall be subject to--
(1) the reservation by the United States of all mineral and subsurface rights to the land, including any geothermal resources;
(2) the condition that the Board pay any costs relating to the conveyance;
(3) any rights-of-way reserved by the Secretary;
(4) a covenant or restriction in the deed to the land requiring that--
(A) the land may be used only for educational or scientific purposes; and
(B) if the land is no longer used for the purposes described in subparagraph (A), the land may, at the discretion of the Secretary, revert to the United States in accordance with subsection (d); and
(5) any other terms and conditions that the Secretary determines to be appropriate.
(d) Reversion.--If the land conveyed under subsection (b) is no longer used for the purposes described in subsection (c)(4)(A)--
(1) the land may, at the discretion of the Secretary, revert to the United States; and
(2) if the Secretary chooses to have the land revert to the United States, the Secretary shall--
(A) determine whether the land is environmentally contaminated, including contamination from hazardous wastes, hazardous substances, pollutants, contaminants, petroleum, or petroleum by-products; and
(B) if the Secretary determines that the land is environmentally contaminated, the Nature Park, the successor to the Nature Park, or any other person responsible for the contamination shall be required to remediate the contamination.
(e) Withdrawal.--All federally owned mineral and subsurface rights to the land described in subsection (b)(2) are withdrawn from--
(1) location, entry, and patent under the mining laws; and
(2) the operation of the mineral leasing laws, including the geothermal leasing laws.
(f) Water Rights.--Nothing in this section authorizes the conveyance of water rights to the Nature Park.

(As printed in the Congressional Record for the Senate on Nov 8, 2007.)