(2) transfer administrative jurisdiction under 
section 4. 
(d) RESERVATION
OF UTILITY INFRASTRUCTURE 
AND ACCESS.—The Secretary of the Air Force may retain 
ownership and control of— 
(1) any portions of the utility system and infra-
structure located on the parcel conveyed under sub-
section (a); and 
(2) any rights of access determined to be nec-
essary by the Secretary of the Air Force to operate 
and maintain the utilities on the parcel. 
(e) RESTRICTIONS ON USE.— 
(1) AUTHORIZED
USES.—The Institute shall 
allow only research, scientific, or educational uses of 
the parcel conveyed under subsection (a). 
(2) REVERSION.— 
(A) IN
GENERAL.—If, at any time, the 
Secretary of Energy, in consultation with the 
Secretary of the Air Force, determines, in ac-
cordance with subparagraph (B), that the par-
cel conveyed under subsection (a) is not being 
used for a purpose described in paragraph 
(1)— 
(i) all right, title, and interest in and 
to the entire parcel, or any portion of the 
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parcel not being used for the purposes, 
shall revert, at the option of the Secretary, 
to the United States; and 
(ii) the United States shall have the 
right of immediate entry onto the parcel. 
(B) REQUIREMENTS
FOR
DETERMINA-
TION.—Any determination of the Secretary 
under subparagraph (A) shall be made on the 
record and after an opportunity for a hearing. 
(f) COSTS.— 
(1) IN
GENERAL.—The Secretary of Energy 
shall require the Institute to pay, or reimburse the 
Secretary concerned, for any costs incurred by the 
Secretary concerned in carrying out the conveyance 
under subsection (a), including any survey costs re-
lated to the conveyance. 
(2) REFUND.—If the Secretary concerned col-
lects amounts under paragraph (1) from the Insti-
tute before the Secretary concerned incurs the actual 
costs, and the amount collected exceeds the actual 
costs incurred by the Secretary concerned to carry 
out the conveyance, the Secretary concerned shall re-
fund to the Institute an amount equal to difference 
between— 
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(A) the amount collected by the Secretary 
concerned; and 
(B) the actual costs incurred by the Sec-
retary concerned. 
(3) DEPOSIT IN FUND.— 
(A) IN
GENERAL.—Amounts received by 
the United States under this subsection as a re-
imbursement or recovery of costs incurred by 
the Secretary concerned to carry out the con-
veyance under subsection (a) shall be deposited 
in the fund or account that was used to cover 
the costs incurred by the Secretary concerned 
in carrying out the conveyance. 
(B) USE.—Any amounts deposited under 
subparagraph (A) shall be available for the 
same purposes, and subject to the same condi-
tions and limitations, as any other amounts in 
the fund or account. 
(g) CONTAMINATED LAND.—In consideration for the 
conveyance of the parcel under subsection (a), the Insti-
tute shall— 
(1) take fee title to the parcel and any improve-
ments to the parcel, as contaminated; 
(2) be responsible for undertaking and com-
pleting all environmental remediation required at, in, 
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under, from, or on the parcel for all environmental 
conditions relating to or arising from the release or 
threat of release of waste material, substances, or 
constituents, in the same manner and to the same 
extent as required by law applicable to privately 
owned facilities, regardless of the date of the con-
tamination or the responsible party; 
(3) indemnify the United States for— 
(A) any environmental remediation or re-
sponse costs the United States reasonably in-
curs if the Institute fails to remediate the par-
cel; or 
(B) contamination at, in, under, from, or 
on the land, for all environmental conditions re-
lating to or arising from the release or threat 
of release of waste material, substances, or con-
stituents; 
(4) indemnify, defend, and hold harmless the 
United States from any damages, costs, expenses, li-
abilities, fines, penalties, claim, or demand for loss, 
including claims for property damage, personal in-
jury, or death resulting from releases, discharges, 
emissions, spills, storage, disposal, or any other acts 
or omissions by the Institute and any officers, 
agents, employees, contractors, sublessees, licensees, 
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successors, assigns, or invitees of the Institute aris-
ing from activities conducted on the parcel conveyed 
under subsection (a); and 
(5) reimburse the United States for all legal 
and attorney fees, costs, and expenses incurred in 
association with the defense of any claims described 
in paragraph (4). 
(h) CONTINGENT ENVIRONMENTAL RESPONSE OBLI-
GATIONS.—If the Institute does not undertake or complete 
environmental remediation as required by subsection (g) 
and the United States is required to assume the respon-
sibilities of the remediation, the Secretary of Energy shall 
be responsible for conducting any necessary environmental 
remediation or response actions with respect to the parcel 
conveyed under subsection (a). 
(i) NO ADDITIONAL COMPENSATION.—Except as oth-
erwise provided in this Act, no additional consideration 
shall be required for conveyance of the parcel to the Insti-
tute under subsection (a). 
(j) ACCESS AND UTILITIES.—On conveyance of the 
parcel under subsection (a), the Secretary of the Air Force 
shall, on behalf of the United States and subject to any 
terms and conditions as the Secretary determines to be 
necessary (including conditions providing for the reim-
bursement of costs), provide the Institute with— 
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(1) access for employees and invitees of the In-
stitute across Kirtland Air Force Base to the parcel 
conveyed under that subsection; and 
(2) access to utility services for the land and 
any improvements to the land conveyed under that 
subsection. 
(k) ADDITIONAL TERM AND CONDITIONS.—The Sec-
retary of Energy, in consultation with the Secretary of the 
Interior and Secretary of the Air Force, may require any 
additional terms and conditions for the conveyance under 
subsection (a) that the Secretaries determine to be appro-
priate to protect the interests of the United States. 
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION. 
(a) IN GENERAL.—After the conveyance under sec-
tion 3(a) has been completed, the Secretary of Energy 
shall, on request of the Secretary of the Air Force, trans-
fer to the Secretary of the Air Force administrative juris-
diction over the parcel of approximately 7 acres of land 
identified as ‘‘Parcel B’’ on the map, including any im-
provements to the parcel. 
(b) REMOVAL OF IMPROVEMENTS.—In concurrence 
with the transfer under subsection (a), the Secretary of 
Energy shall, on request of the Secretary of the Air Force, 
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arrange and pay for removal of any improvements to the 
parcel transferred under that subsection. 
Æ 
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