Sec. 2821. Land exchange, Naval Industrial Reserve Ordnance Plant, Sunnyvale, California
637 words·~3 min read·
/bill/115/hr/2810/pcs/section-2821·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of the Navy may convey to an entity (in this section referred to as the Exchange Entity ) all right, title, and interest of the United States in and to the parcel of real property, including improvements thereon, comprising the Naval Industrial Reserve Ordnance Plant (NIROP) located in Sunnyvale, California in exchange for— real property, including improvements thereon, that will replace the NIROP and meet the readiness requirements of the Department of the Navy, as determined by the Secretary; and relocation of contractor and Government personnel and equipment from the NIROP to the replacement facilities. The exchange authorized under subsection
(a)shall be governed by a land exchange agreement that identifies the property to be exchanged (including improvements thereon), the time period in which the exchange will occur, and the roles and responsibilities of the Secretary and the Exchange Entity in carrying out the exchange. Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). The values of the properties to be exchanged by the Secretary and the Exchange Entity under subsection
(a)(including improvements thereon) shall be determined by an independent appraiser selected by the Secretary, and in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. If, as determined in accordance with paragraph (1), the value of the NIROP is greater than the combination of the value of the property to be conveyed by the Exchange Entity under subsection
(a)and the relocation costs covered by the Exchange Entity under such subsection, the Exchange Entity shall make a cash equalization payment to the Secretary to equalize the values. Nothing in this paragraph may be construed to require the Secretary to make a cash equalization payment to the Exchange Entity if the value of the property to be conveyed by the Exchange Entity and the relocation costs covered by the Exchange Entity are greater than the value of the NIROP. The Secretary shall require the Exchange Entity to pay costs incurred by the Department of the Navy to carry out the exchange authorized under subsection (a), including costs incurred for land surveys, environmental documentation, the review of replacement facilities design, real estate due diligence (including appraisals), preparing and executing the agreement described in subsection (b), and any other administrative costs related to the exchange. If amounts are collected from the Exchange Entity 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 exchange under subsection (a), the Secretary shall refund the excess amount to the Exchange Entity. Amounts received under subsections (a), (c)(2), and
(d)shall be used in accordance with section 2695(c) of title 10, United States Code. The exact legal description of the property, including acreage, to be exchanged under subsection
(a)shall be determined by surveys satisfactory to the Secretary. The acquisition or disposition of any property pursuant to the exchange authorized under subsection
(a)shall not be treated as a military construction project for which an authorization is required by section 2802 of title 10, United States Code, or for which reporting is required by section 2662 of such title. Section 2696(b) of title 10, United States Code, does not apply to the conveyance of any real property pursuant to the exchange authorized under subsection (a). The Secretary may require such additional terms and conditions in connection with the exchange authorized under subsection
(a)as the Secretary considers appropriate to protect the interests of the United States. The authority provided to the Secretary to carry out the exchange under subsection
(a)shall expire on October 1, 2023.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 2821
Land exchange, Naval Industrial Reserve Ordnance Plant, Sunnyvale, California
Cites 1Cited by 0 across 0 sources