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Code · BILL · 117th Congress · H.R. 4350 (Reported in House) — To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense and for militar... · Sec. 2853

Sec. 2853. Land conveyance, Rosecrans Air National Guard Base, Saint Joseph, Missouri

707 words·~3 min read·/bill/117/hr/4350/rh/section-2853·

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Once the Secretary of the Air Force determines that the Missouri Air National Guard has vacated the parcel of real property consisting of approximately 54 acres at Rosecrans Air National Guard Base located on the southern end of the airfield at Rosecrans Memorial Airport in Saint Joseph, Missouri, the Secretary may convey to the City of Saint Joseph, Missouri (in this section referred to as the City ), all right, title, and interest of the United States in and to that parcel of real property, including any improvements thereon, for the purpose of— removing the property from within the boundaries of Rosecrans Air National Guard Base; accommodating the operational and maintenance needs of Rosecrans Memorial Airport; and permitting the development of the property and any improvements thereon for economic purposes.
The conveyance of the parcel of property under subsection
(a)shall be subject to any valid existing rights regarding the property, and the City shall accept the property and any improvements thereon in their condition at the time of the conveyance (commonly known as a conveyance as is ). As consideration for the conveyance of the property under subsection (a), the City shall enter into an agreement with the Secretary— to convey to the Secretary of the Air Force a parcel of real property acceptable to the Secretary in exchange for the property conveyed by the Secretary; to provide in-kind consideration acceptable to the Secretary in the form of the construction, provision, improvement, alteration, protection, maintenance, repair, or restoration, including environmental restoration, or a combination thereof, of any facilities or infrastructure relating to the needs of the Missouri Air National Guard at Rosecrans Air National Guard Base; or to provide a combination of the consideration authorized by subparagraphs
(A)and (B). Except as provided in paragraph (3), the value of the consideration provided by the City under paragraph
(1)shall be equal to the fair market value of the right, title, and interest conveyed by the Secretary under subsection (a), based on one or more appraisals determined necessary and approved by the Secretary. If the value of the property conveyed by the City or in-kind consideration provided by the City under paragraph (1), or combination thereof, is less than the fair market value of the right, title, and interest conveyed by the Secretary under subsection (a), the City shall pay to the United States an amount equal to the difference in the fair market values. Any cash consideration received under this paragraph shall be— deposited in the special account in the Treasury established pursuant to paragraph
(5)of section 572(b) of title 40, United States Code; and available to the Secretary in accordance with the subparagraph (B)(ii) of such paragraph. The Secretary of the Air Force may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including appraisal and survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. Amounts received under paragraph
(1)as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection
(a)shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. 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 to be conveyed under subsection
(a)shall be determined by a survey satisfactory to the Secretary of the Air Force. The Secretary of the Air Force 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.
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