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Code · BILL · 113th Congress · H.R. 4435 (Reported in House) — To authorize appropriations for fiscal year 2015 for military activities of the Department of Defense and for militar... · Sec. 2846

Sec. 2846. Land conveyance, Robert H. Dietz Army Reserve Center, Kingston, New York

502 words·~2 min read·/bill/113/hr/4435/rh/section-2846·

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The Secretary of the Army may convey, without consideration, to the City of Kingston, New York (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, including any improvements thereon, consisting of approximately 4 acres and containing the Robert H. Dietz Army Reserve Center located at 144 Flatbush Avenue in Kingston, New York, for the purpose of permitting the City to use the parcel for public purposes. If the Secretary of the Army determines at any time that the real property conveyed under subsection
(a)is not being used in accordance with the purpose of the conveyance specified in subsection (a), all right, title, and interest in and to such real property, including any improvements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing. In lieu of exercising the reversionary interest under subsection
(b)if the Secretary of the Army determines that the conveyed property is not being used in accordance with the purpose of the conveyance, the Secretary may require the City to pay to the United States an amount equal to the fair market value of the property, as determined pursuant to paragraph (2). The Secretary shall determine the fair market value of the property through an appraisal conducted by a licensed, independent appraiser acceptable to the Secretary and the City. The fair market value of the property shall be adjusted to exclude the value of any improvements on the property constructed by the City. The Secretary of the Army shall require the City to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. Amounts received as reimbursement under paragraph
(1)shall be credited to the fund or account that was used to cover those 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. The Secretary of the Army 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.
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