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Code · BILL · 116th Congress · H.R. 6395 (EAS) — 116 HR 6395 EAS: National Defense Authorization Act for Fiscal Year 2021 · Sec. 2864

Sec. 2864. Land conveyance, Camp Navajo, Arizona

735 words·~3 min read·/bill/116/hr/6395/eas/section-2864·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Secretary of the Army (in this section referred to as the Secretary ) may convey, without consideration, to the State of Arizona Department of Emergency and Military Affairs (in this section referred to as the State ), all right, title, and interest of the United States in and to a parcel of real property (in this section referred to as the Property ), including any improvements thereon, consisting of not more than 3,000 acres at Camp Navajo, Arizona, for the purpose of permitting the State to use the Property for— training the Arizona Army and Air National Guard; and defense industrial base economic development purposes that are compatible with the environmental security and primary National Guard training purpose of Camp Navajo.
The conveyance authorized by subsection
(a)shall be subject to the following conditions: The State shall use all revenues generated by uses of the Property to support the training requirements of the Arizona Army and Air National Guard, to include necessary infrastructure maintenance and capital improvements. The United States Property and Fiscal Office for the State of Arizona shall periodically audit all revenues generated by uses of the Property and all uses of such revenue, and shall provide the audit results to the Chief of the National Guard Bureau. If the Secretary determines at any time that the Property is not being used in accordance with the purpose of the conveyance authorized by subsection (a), or that the State has not complied with the conditions specified in subsection (b), all right, title, and interest in and to the 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 the Property. A determination by the Secretary under paragraph
(1)shall be made on the record after an opportunity for a hearing. In lieu of exercising the reversionary interest under subsection (c), the Secretary may accept an offer by the State to pay to the United States an amount equal to the fair market value of the Property, excluding the value of any improvements on the Property constructed without Federal funds after the date of the conveyance authorized by subsection (a), as determined by the Secretary. Consideration received by the Secretary under paragraph
(1)shall be deposited in the special account in the Treasury established for the Secretary under subsection
(e)of section 2667 of title 10, United States Code, and shall be available to the Secretary for the same uses and subject to the same limitations as provided in that section. The Secretary shall require the State to cover costs 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 related to the conveyance, and any other administrative costs related to the conveyance. If amounts are collected from the State 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 State. Amounts received as reimbursement under paragraph (1)(A) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the appropriations or fund that is currently available to the Secretary for the same purpose. 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 exact acreage and legal description of the Property shall be determined by a survey satisfactory to the Secretary. The Secretary may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States. Nothing in this section shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of the Property in accordance with— the Defense Environmental Restoration Program under section 2701(a)(1) of title 10, United States Code; and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.).
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Sec. 2864
Land conveyance, Camp Navajo, Arizona
U.S.C.§ 9601
Cites 1Cited by 0 across 0 sources
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