Sec. 2821. Land exchange, Air Force Plant 44, Tucson, Arizona
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/bill/115/hr/5515/pcs/section-2821·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In connection with a project planned by the Tuscon Airport Authority (in this section referred to as TAA ) to relocate and extend a parallel runway and make other airfield safety enhancements at the Tucson International Airport, the Secretary of the Air Force (in this section referred to as the Secretary ) may— convey to TAA all right, title, and interest of the United States in and to all or any part of a parcel of real property, including any improvements thereon, consisting of approximately 58 acres on Air Force Plant 44, Arizona, and located adjacent to Tucson International Airport; agree to terminate all or a portion of any deed restrictions made for the benefit of the United States that limit construction on Tucson International Airport within 750 feet of the Airport’s southwest property boundary with Air Force Plant 44; and using cash or in-kind consideration as provided in subsection (b)— construct new explosives storage facilities to replace the explosives storage facilities located on the land described in paragraph
(1)and explosives storage facilities located on Air Force Plant 44 within the end-of-runway clear zone associated with the TAA airfield enhancement project; and construct new fencing as necessary to accommodate the changes in the boundary of Air Force Plant 44. As consideration for the land conveyance, deed restriction termination, replacement of real property improvements, and installation of fencing authorized under subsection (a), the following consideration must be received by the United States before the Secretary may make any conveyance or termination of real property interests of the United States as described in subsection (a): All right, title, and interest of the owner or owners thereof to the parcels of real property consisting of approximately 160 acres directly adjacent to the south boundary of Air Force Plant 44. The cost to the Secretary, in accordance with current design standards, of— replacing the real property structures on Air Force Plant 44 made unusable due to the land transfers and termination of deed restrictions, with structures of at least equivalent capacity and functionality; and installing the necessary boundary fencing due to the changes in the boundary of Air Force Plant 44. The Secretary may require that any cash consideration to be received under this section be paid, directly or through the Air Force design and construction agent, to the contractors performing design or construction of the real property improvements described in subsection (a)(3). The Secretary may require TAA to cover costs to be incurred by the Secretary to carry out the land exchange and other transactions authorized under this section, or to reimburse the Secretary for such costs, including survey costs, appraisal costs, costs related to environmental documentation, and other administrative costs related to the conveyances. If amounts are collected from TAA in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out such transactions, the Secretary shall refund the excess amount to TAA. Amounts received as reimbursements under paragraph
(1)shall be used in accordance with section 2695(c) of title 10, United States Code. The exact acreage and legal description of the real property to be exchanged under this section shall be determined by a survey satisfactory to the Secretary. The Secretary may require such additional terms and conditions in connection with the land exchange and other transactions under this section as the Secretary considers appropriate to protect the interests of the United States. Without limiting the foregoing, the Secretary may establish a deed restriction on any part of the 58 acres described in subsection (a)(1) to accommodate existing Quantity Distance arcs.