Sec. 2838. Land conveyances, Milan Army Ammunition Plant, Tennessee
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/bill/116/hr/6395/enr/section-2838·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of the Army may convey to the City of Milan, Tennessee (in this section referred to as the City ), all right, title, and interest of the United States in and to parcels of real property, including any improvements thereon, at Milan Army Ammunition Plant, Tennessee, that run parallel to Highway 45 and consist of a total of approximately 292 acres. The Secretary of the Army may convey, without consideration, to the University of Tennessee (in this section referred to as the University ) all right, title, and interest of the United States in and to parcels of real property, including any improvements thereon and parcels currently leased to the University, at Milan Army Ammunition Plant that consist of a total of approximately 900 acres for the purpose of permitting the University to use the parcels for education research.
As consideration for the conveyance authorized by subsection (a)(1), the City shall pay to the Secretary of the Army an amount that is not less than the fair market value of the property to be conveyed under such subsection, as determined by an appraisal approved by the Secretary. The Secretary of the Army shall deposit the cash payment received under paragraph
(1)in the special account in the Treasury established for that Secretary under section 2667(e) of title 10, United States Code. The entire amount deposited shall be available for use in accordance with paragraph (1)(C) of such section. Paragraph (1)(D) of such section shall not apply to the entire amount deposited. If the Secretary of the Army determines at any time that the property conveyed to the University under subsection (a)(2) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the conveyed property, including any improvements thereon, 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 this subsection shall be made on the record after an opportunity for a hearing. In lieu of exercising the reversionary interest retained under paragraph (1), the Secretary of the Army may accept an offer by the University to pay to the Secretary an amount equal to the fair market value of the property conveyed under subsection (a)(2), excluding the value of any improvements on the conveyed property constructed without Federal funds after the date the conveyance is completed, as determined by the Secretary. Subsection (b)(2) shall apply to any cash payment received by the Secretary under this paragraph. The Secretary of the Army shall require the City to pay costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance authorized by subsection (a)(1), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance. The Secretary shall require the University to pay costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance authorized by subsection (a)(2), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance. Amounts received as reimbursement under paragraphs
(1)and
(2)shall be credited to the fund or account that was used to pay the costs incurred by the Secretary in carrying out the conveyances under subsection
(a)or, if the period of availability of obligations for that appropriation has expired, to the appropriations of 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 parcels of real property to be conveyed under subsection
(a)shall be determined by a survey satisfactory to the Secretary of the Army. The Secretary of the Army may require such additional terms and conditions in connection with the conveyances authorized by subsection
(a)as the Secretary considers appropriate to protect the interests of the United States.