Sec. 1034. Mt. Soledad Veterans Memorial transfer

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Subject to subsection (b), the Secretary of Defense may convey all right, title, and interest of the United States in and to the Mt. Soledad Veterans Memorial (in this section referred to as the Memorial ) to an eligible entity as provided in this section. The Secretary shall select by public bid the eligible entity to which the Memorial is to be conveyed under subsection (a). The Secretary may accept a price for the conveyance of the Memorial in accordance with the public bid process without regard to its fair market value. The conveyance of the Memorial under subsection

(a)shall be subject to the following conditions: That the eligible entity to which the Memorial is conveyed accepts the Memorial in its condition at the time of the conveyance, commonly known as conveyance as is , and agrees to indemnify and hold the United States harmless from any liability resulting from the period of ownership of the Memorial by the United States. That the Memorial shall be maintained and used as a veterans memorial in perpetuity. That if the Memorial is ever put to a use other than as a veterans memorial, the United States shall have the right, at its election, to take back all right, title, and interest in and to the Memorial without any right of compensation to the owner or any other person. Notwithstanding paragraph (1), if no eligible entity makes an acceptable bid for the Memorial or the Secretary determines, in the Secretary’s sole discretion, that a land exchange would be more beneficial to the United States, the Secretary may convey the Memorial to an eligible entity in exchange for real property of at least equal value if the real property offered in exchange is located adjacent to other real property of the United States and the Federal agency exercising administrative jurisdiction over that other real property agrees to accept administrative jurisdiction over the real property offered in exchange. The Secretary shall use any funds received from the conveyance under subsection

(a)to reimburse the Secretary for costs incurred by the Secretary to carry out the conveyance, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. Amounts to reimburse those costs from funds so received shall be credited to the fund or account that was used to cover those costs. 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 remainder of such funds, if any, shall be deposited into the account used to pay for the acquisition of the Memorial by the United States. The exact acreage and legal description of the property to be conveyed under subsection (a), and, in the case of a land exchange under subsection (b)(3), the real property offered in exchange, shall be determined by a survey satisfactory to the Secretary. 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. Sections 106 and 110 of the National Historic Preservation Act ( 16 U.S.C. 470f , 470h–2) shall not apply to a conveyance under subsection (a). Section 2(c) of the Act of August 14, 2006, entitled An Act to preserve the Mt. Soledad Veterans Memorial in San Diego, California, by providing for the immediate acquisition of the memorial by the United States ( Public Law 109–272 ; 120 Stat. 770) and section 116(a) of division J of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 3346; 16 U.S.C. 431 note) shall not apply to a conveyance under subsection (a). In this section: The term eligible entity means a non-governmental entity that has a history of involvement in veterans affairs and has demonstrated to the Secretary, in the Secretary’s sole discretion, that the entity has the capability to operate and maintain the Memorial in accordance with this section. The term Mt. Soledad Veterans Memorial means the memorial in San Diego, California, acquired by the United States pursuant to Public Law 109–272 .

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