H. R. 4546—255
(3) A Native Corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
(4) The Metlakatla Indian Community.
(c) COVERED PROPERTY.—Subsection (a) applies to real property
located in the State of Alaska that—
(1) is under the jurisdiction of the Department of the Army
and, before December 2, 1980, was under such jurisdiction
for the use of the Alaska National Guard;
(2) is located in a unit of the National Wildlife Refuge
System designated in the Alaska National Interest Lands Con-
servation Act (Public Law 96–487; 16 U.S.C. 668dd note);
(3) is excess to the needs of the Alaska National Guard
and the Department of Defense; and
(4) the Secretary determines that—
(A) the anticipated cost to the United States of
retaining the property exceeds the value of such property;
or
(B) the condition of the property makes it unsuitable
for retention by the United States.
(d) CONSIDERATION.—The conveyance of real property under
this section shall, at the election of the Secretary, be for no consider-
ation or for consideration in an amount determined by the Secretary
to be appropriate under the circumstances.
(e) USE OF CONSIDERATION.—If consideration is received for
the conveyance of real property under subsection (a), the Secretary
may use the amounts received, in such amounts as are provided
in appropriations Acts, to pay for—
(1) the cost of a survey described in subsection (f) with
respect to the property;
(2) the cost of carrying out any environmental assessment,
study, or analysis, and any remediation, that may be required
under Federal law, or is considered appropriate by the Sec-
retary, in connection with the property or the conveyance of
the property; and
(3) any other costs incurred by the Secretary in conveying
the property.
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of any real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
a conveyance of real property under this section as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2823. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION
PLANT, KANSAS.
(a) CONVEYANCE AUTHORIZED.—The Administrator of General
Services may convey to the Johnson County Park and Recreation
District, Kansas (in this section referred to as the ‘‘District’’), all
right, title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, at the Sun-
flower Army Ammunition Plant in the State of Kansas consisting
of approximately 2,000 acres.
(b) BASIS OF CONVEYANCE.—The conveyance under this section
shall be made in a manner consistent with section 550(e) of title
40, United States Code, for the purpose of permitting the District
to use the conveyed property for public recreational purposes.
H. R. 4546—256
(c) DESCRIPTION OF PROPERTY.—The exact acreage, location,
and legal description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Administrator. The cost of such legal description, survey, or both
shall be borne by the District.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Administrator
may require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Administrator
considers appropriate to protect the interests of the United States.
(e) APPLICATION OF SECTION.—If the Administrator and the
District reach an agreement regarding the conveyance of the prop-
erty described in subsection (a) before January 31, 2003, the
authority provided by this section shall not take effect.
SEC. 2824. LAND CONVEYANCES, BLUEGRASS ARMY DEPOT, RICH-
MOND, KENTUCKY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to Madison County, Kentucky (in
this section referred to as the ‘‘County’’), all right, title, and interest
of the United States in and to the following parcels of real property,
including any improvements thereon, at the Bluegrass Army Depot,
Richmond, Kentucky:
(1) A parcel consisting of approximately 10 acres.
(2) A parcel consisting of approximately 3 acres, including
the building known as Quarters 29.
(b) CONDITIONS OF CONVEYANCE.—(1) The Secretary may not
convey the parcel of real property referred to in subsection (a)(1)
unless the County agrees to use the property to facilitate the
construction of a veterans’ center on the property by the State
of Kentucky and the Secretary determines that the State has appro-
priated adequate funds for the construction of the veterans’ center.
(2) The Secretary may not convey the parcel of real property
referred to in subsection (a)(2) unless the County agrees to utilize
the property for historical preservation and education purposes.
(c) REVERSIONARY INTEREST.—(1) At the end of the seven-year
period beginning on the date on which the Secretary makes the
conveyance of the parcel of real property referred to in subsection
(a)(1), if the Secretary determines that a veterans’ center is not
in operation on the conveyed real property, then, at the option
of the Secretary, all right, title, and interest in and to the property,
including any improvements thereon, shall revert to the United
States, and the United States shall have the right of immediate
entry onto the property.
(2) If the Secretary determines at any time that the parcel
of real property referred to in subsection (a)(2) has ceased to be
utilized for the purposes specified in subsection (b)(2), then, at
the option of the Secretary, all right, title, and interest in and
to the property shall revert to the United States, and the United
States shall have the right of immediate entry onto the property.
(3) Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a hearing.
(d) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the County to reimburse the Secretary for
the costs incurred by the Secretary to carry out the conveyances
under subsection (a), including survey costs, costs related to environ-
mental documentation (other than the environmental baseline
survey), and other administrative costs related to the conveyance.
H. R. 4546—257
(2) The Secretary shall require the County to reimburse the
Secretary for any excess costs incurred by the Secretary for any
environmental assessment, study, or analysis, or for any other
excess costs incurred by the Secretary, in connection with the
conveyances, if the excess costs were incurred as a result of a
request by the County. In this paragraph, the term ‘‘excess costs’’
means costs in excess of those costs considered reasonable and
necessary by the Secretary to comply with existing law to make
the conveyances.
(3) Any reimbursement received under this subsection shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyances.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the County.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2825. LAND CONVEYANCE, FORT CAMPBELL, KENTUCKY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the City of Hopkinsville, Kentucky
(in this section referred to as the ‘‘City’’), all right, title, and interest
of the United States in and to a parcel of real property at Fort
Campbell, Kentucky, consisting of approximately 50 acres and con-
taining an abandoned railroad spur for the purpose of permitting
the City to use the property for storm water management, recre-
ation, transportation, and other public purposes.
(b) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the City to reimburse the Secretary for the
costs incurred by the Secretary to carry out the conveyance under
subsection (a), including survey costs, costs related to environmental
documentation (other than the environmental baseline survey), and
other administrative costs related to the conveyance.
(2) The Secretary shall require the City to reimburse the Sec-
retary for any excess costs incurred by the Secretary for any
environmental assessment, study, or analysis, or for any other
excess costs incurred by the Secretary, in connection with the
conveyance, if the excess costs were incurred as a result of a
request by the City. In this paragraph, the term ‘‘excess costs’’
means costs in excess of those costs considered reasonable and
necessary by the Secretary to comply with existing law to make
the conveyance.
(3) Any reimbursement received under this subsection shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
H. R. 4546—258
(c) DESCRIPTION OF PROPERTY.—The acreage of the real prop-
erty to be conveyed under subsection (a) has been determined
by the Secretary through a legal description outlining such acreage.
No further survey of the property is required before the conveyance
is made.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2826. LAND CONVEYANCE, ARMY RESERVE TRAINING CENTER,
BUFFALO, MINNESOTA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Buffalo Independent School
District 877 of Buffalo, Minnesota (in this section referred to as
the ‘‘School 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 800 8th Street, N.E., in Buffalo, Min-
nesota, and contains a former Army Reserve Training Center, which
is being used by the School District as the site of the Phoenix
Learning Center.
(b) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the School District to reimburse the Secretary
for the costs incurred by the Secretary to carry out the conveyance
under subsection (a), including survey costs, costs related to environ-
mental documentation (other than the environmental baseline
survey), and other administrative costs related to the conveyance.
(2) The Secretary shall require the School District to reimburse
the Secretary for any excess costs incurred by the Secretary for
any environmental assessment, study, or analysis, or for any other
excess costs incurred by the Secretary, in connection with the
conveyance, if the excess costs were incurred as a result of a
request by the School District. In this paragraph, the term ‘‘excess
costs’’ means costs in excess of those costs considered reasonable
and necessary by the Secretary to comply with existing law to
make the conveyance.
(3) Any reimbursement received under this subsection shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the School District.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2827. LAND CONVEYANCE, FORT MONMOUTH, NEW JERSEY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey by sale all right, title, and interest of the United States
in and to a parcel of real property, consisting of approximately
63.95 acres of military family housing known as Howard Commons,
that comprises a portion of Fort Monmouth, New Jersey.
H. R. 4546—259
(b) COMPETITIVE BID REQUIREMENT.—The Secretary shall use
competitive procedures for the sale authorized by subsection (a).
(c) CONSIDERATION.—(1) As consideration for the conveyance
authorized by subsection (a), the recipient shall provide the United
States, whether by cash payment, in-kind contribution, or a com-
bination thereof, an amount that is not less than the fair market
value, as determined by the Secretary, of the property conveyed
under such subsection.
(2) In-kind consideration under paragraph (1) may include the
construction of replacement military family housing or the
rehabilitation of existing military family housing at Fort Monmouth,
New Jersey, as agreed upon by the Secretary.
(3) If the value of in-kind consideration to be provided under
this subsection exceeds $1,500,000, the Secretary may not accept
such consideration until after the end of the 21-day period beginning
on the date the Secretary notifies the congressional defense commit-
tees of the decision of the Secretary to accept in-kind consideration
in excess of that amount.
(4) Any proceeds received by the Secretary under this subsection
and not used to construct or rehabilitate such military family
housing shall be deposited in the special account in the Treasury
established pursuant to section 572(b) of title 40, United States
Code.
(d) EFFECT OF TRANSFER OF ADMINISTRATIVE JURISDICTION.—
If the real property authorized to be conveyed by this section
is transferred to the administrative jurisdiction of the Administrator
of General Services, the Administrator, rather than the Secretary,
shall have the authority to convey such property under this section.
(e) DESCRIPTION
OF PARCEL.—The exact acreage and legal
description of the parcel to be conveyed under subsection (a) shall
be determined by a survey that is satisfactory to the Secretary.
The cost of the survey shall be borne by the recipient of the
parcel.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2828. LAND CONVEYANCE, FORT BLISS, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the County of El Paso, Texas
(in this section referred to as the ‘‘County’’), all right, title, and
interest of the United States in and to a parcel of real property,
including improvements thereon, consisting of approximately 44
acres at Fort Bliss, Texas, for the purpose of facilitating the
construction by the State of Texas of a nursing home for veterans
of the Armed Forces.
(b) REVERSIONARY INTEREST.—(1) At the end of the seven-year
period beginning on the date on which the Secretary makes the
conveyance under subsection (a), if the Secretary determines that
a nursing home for veterans is not in operation on the conveyed
real property, then, at the option of the Secretary—
(A) all right, title, and interest in and to the property,
including any improvements thereon, shall revert to the United
States; and
(B) the United States shall have the right of immediate
entry onto the property.
H. R. 4546—260
(2) Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a hearing.
(c) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the County to reimburse the Secretary for
the costs incurred by the Secretary to carry out the conveyance
under subsection (a), including survey costs, costs related to environ-
mental documentation (other than the environmental baseline
survey), and other administrative costs related to the conveyance.
(2) The Secretary shall require the County to reimburse the
Secretary for any excess costs incurred by the Secretary for any
environmental assessment, study, or analysis, or for any other
excess costs incurred by the Secretary, in connection with the
conveyance, if the excess costs were incurred as a result of a
request by the County. In this paragraph, the term ‘‘excess costs’’
means costs in excess of those costs considered reasonable and
necessary by the Secretary to comply with existing law to make
the conveyance.
(3) Any reimbursement received under this subsection shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the County.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2829. LAND CONVEYANCE, FORT HOOD, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Veterans Land Board of the
State of Texas (in this section referred to as the ‘‘Board’’) all
right, title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, consisting
of approximately 174 acres at Fort Hood, Texas, for the purpose
of permitting the Board to establish a State-run cemetery for vet-
erans of the Armed Forces.
(b) REVERSIONARY INTEREST.—(1) At the end of the seven-year
period beginning on the date on which the Secretary makes the
conveyance under subsection (a), if the Secretary determines that
a cemetery for veterans is not in operation on the conveyed real
property, then, at the option of the Secretary—
(A) all right, title, and interest in and to the property,
including any improvements thereon, shall revert to the United
States; and
(B) the United States shall have the right of immediate
entry onto the property.
(2) Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a hearing.
(c) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the Board to reimburse the Secretary for the
costs incurred by the Secretary to carry out the conveyance under
H. R. 4546—261
subsection (a), including survey costs, costs related to environmental
documentation (other than the environmental baseline survey), and
other administrative costs related to the conveyance.
(2) The Secretary shall require the Board to reimburse the
Secretary for any excess costs incurred by the Secretary for any
environmental assessment, study, or analysis, or for any other
excess costs incurred by the Secretary, in connection with the
conveyance, if the excess costs were incurred as a result of a
request by the Board. In this paragraph, the term ‘‘excess costs’’
means costs in excess of those costs considered reasonable and
necessary by the Secretary to comply with existing law to make
the conveyance.
(3) Any reimbursement received under this subsection shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Board.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2830. LAND CONVEYANCES, ENGINEER PROVING GROUND, FORT
BELVOIR, VIRGINIA.
(a) CONVEYANCE TO FAIRFAX COUNTY, VIRGINIA, AUTHORIZED.—
(1) The Secretary of the Army may convey, without consideration,
to Fairfax County, Virginia, all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 135 acres,
located in the northwest portion of the Engineer Proving Ground
at Fort Belvoir, Virginia, in order to permit the County to use
such property for park and recreational purposes.
(2) The parcel of real property authorized to be conveyed by
paragraph (1) is generally described as that portion of the Engineer
Proving Ground located west of Accotink Creek, east of the Fairfax
County Parkway, and north of Cissna Road to the northern
boundary, but excludes a parcel of land consisting of approximately
15 acres located in the southeast corner of such portion of the
Engineer Proving Ground.
(3) The land excluded under paragraph (2) from the parcel
of real property authorized to be conveyed by paragraph (1) shall
be reserved for an access road to be constructed in the future.
(b) CONVEYANCE OF BALANCE OF PROPERTY AUTHORIZED.—The
Secretary may convey to any competitively selected grantee all
right, title, and interest of the United States in and to the real
property, including any improvements thereon, at the Engineering
Proving Ground not conveyed under the authority in subsection
(a).
(c) CONSIDERATION.—(1) As consideration for the conveyance
authorized by subsection (b), the grantee shall provide the United
H. R. 4546—262
States, whether by cash payment, in-kind contribution, or a com-
bination thereof, an amount that is not less than the fair market
value, as determined by the Secretary, of the property conveyed
under such subsection.
(2) In-kind consideration under paragraph (1) may include the
maintenance, improvement, alteration, repair, remodeling, restora-
tion (including environmental restoration), or construction of facili-
ties for the Department of the Army at Fort Belvoir or at any
other site or sites designated by the Secretary.
(3) If in-kind consideration under paragraph (1) includes the
construction of facilities, the grantee shall also convey to the United
States—
(A) title to such facilities, free of all liens and other encum-
brances; and
(B) if the United States does not have fee simple title
to the land underlying such facilities, convey to the United
States all right, title, and interest in and to such lands not
held by the United States.
(4) If the value of in-kind consideration to be provided under
paragraph (1) exceeds $1,500,000, the Secretary may not accept
such consideration until after the end of the 21-day period beginning
on the date the Secretary notifies the congressional defense commit-
tees of the decision of the Secretary to accept in-kind consideration
in excess of that amount.
(5) The Secretary shall deposit any cash received as consider-
ation under this subsection in the special account established pursu-
ant to section 572(b) of title 40, United States Code.
(d) EFFECT OF TRANSFER OF ADMINISTRATIVE JURISDICTION.—
If all or a portion of the real property authorized to be conveyed
by this section is transferred to the administrative jurisdiction
of the Administrator of General Services, the Administrator, rather
than the Secretary of the Army, shall have the authority to convey
such property under this section.
(e) REPEAL OF SUPERSEDED AUTHORITY.—Section 2821 of the
Military Construction Authorization Act for Fiscal Years 1990 and
1991 (division B of Public Law 101–189; 103 Stat. 1658), as amended
by section 2854 of the Military Construction Authorization Act
for Fiscal Year 1996 (division B of Public Law 104–106; 110 Stat.
568), is repealed.
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsections
(a) and (b) shall be determined by surveys satisfactory to the
Secretary. The cost of each such survey shall be borne by the
grantee.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under subsections (a) and (b) as the Secretary
considers appropriate to protect the interests of the United States.
PART II—NAVY CONVEYANCES
SEC. 
2831. 
LAND 
CONVEYANCE, 
MARINE 
CORPS 
AIR 
STATION,
MIRAMAR, SAN DIEGO, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the ENPEX Corporation, Incorporated (in this section
referred to as the ‘‘Corporation’’), all right, title, and interest of
the United States in and to a parcel of real property, including
H. R. 4546—263
any improvements thereon, at Marine Corps Air Station, Miramar,
San Diego, California, consisting of approximately 60 acres and
appurtenant easements and any other necessary interests in real
property for the purpose of permitting the Corporation to use the
property for the production of electric power and related ancillary
activities.
(b) CONSIDERATION.—(1) As consideration for the conveyance
under subsection (a), the Corporation shall—
(A) convey to the United States all right, title, and interest
of the Corporation in and to a parcel of real property in the
San Diego area that is suitable for military family housing,
as determined by the Secretary; and
(B) if the parcel conveyed under subparagraph (A) does
not contain housing units suitable for use as military family
housing, design and construct such military family housing
units and supporting facilities as the Secretary considers appro-
priate.
(2) The total combined value of the real property and military
family housing conveyed by the Corporation under this subsection
shall be at least equal to the fair market value of the real property
conveyed to the Secretary under subsection (a), including any sever-
ance costs arising from any diminution of the value or utility
of other property at Marine Corps Air Station, Miramar, attrib-
utable to the prospective future use of the property conveyed under
subsection (a).
(3) The Secretary shall determine the fair market value of
the real property to be conveyed under subsection (a) and the
fair market value of the consideration to be provided under this
subsection. Such determinations shall be final.
(c) REVERSIONARY INTEREST.—(1) Subject to paragraph (2), if
the Secretary determines at any time that the property conveyed
under subsection (a) is not being used in accordance with the
purpose of the conveyance specified in such subsection, all right,
title, and interest in and to the property, including any improve-
ments thereon, shall revert, at the option of the Secretary, to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record after
an opportunity for a hearing.
(2) If Marine Corps Air Station, Miramar, is no longer used
as a Federal aviation facility, paragraph (1) shall no longer apply,
and the Secretary shall release, without consideration, the rever-
sionary interest retained by the United States under such para-
graph.
(d) ADMINISTRATIVE EXPENSES.—(1) The Corporation shall make
funds available to the Secretary to cover costs to be incurred by
the Secretary, or reimburse the Secretary for costs incurred, to
carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. This paragraph
does not apply to costs associated with the removal of explosive
ordnance from the parcel and environmental remediation of the
parcel.
(2) Section 2695(c) of title 10 United States Code, shall apply
to any amount received under paragraph (1). If the amounts
received in advance under such paragraph exceed the costs actually