Sec. 2853. Conveyance, Joint Base Charleston, South Carolina
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/bill/117/hr/7900/rh/section-2853·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of the Air Force (in this section referred to as the Secretary ) may convey to the City of North Charleston, South Carolina (in this section referred to as the City ) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 26 acres known as the Old Navy Yard at Joint Base Charleston, South Carolina, for the purpose of permitting the City to use the property for economic development.
As consideration for the conveyance under subsection (a), the City shall pay to the United States an amount at least equal to the fair market value, as determined by the Secretary, based on an appraisal of the property to be conveyed under such subsection. Consideration may be cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. The consideration paid to the Secretary must be sufficient, as determined by the Secretary, to provide replacement space for, and for the relocation of, any personnel, furniture, fixtures, equipment, and personal property of any kind and belonging to any military department, located upon the property to be conveyed under subsection (a).
All cash consideration must be paid in full, and any in-kind consideration must be complete and useable, and delivered to the satisfaction of the Secretary at or prior to date of the conveyance under subsection (a). In-kind consideration described in this paragraph may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure within proximity to the Joint Base Charleston Weapons Station (South Annex) and located on Joint Base Charleston, that the Secretary considers acceptable.
Any cash payment received by the United States under paragraph
(1)shall be deposited in the special account in the Treasury referred to in subparagraph
(A)of paragraph
(5)of subsection
(b)of section 572 of title 40, United States Code, and shall be available in accordance with subparagraph
(B)of such paragraph. The Secretary 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 survey costs, appraisal 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 that is 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. The conveyance under subsection
(a)shall be subject to all valid existing rights and the condition that the City accept the property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance as is ). The Secretary 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. In this section, the term Old Navy Yard includes the facilities used by the Naval Information Warfare Center Atlantic including, buildings 1602, 1603, 1639, 1648, and such other facilities, infrastructure, and land along or near the Cooper River waterfront at Joint Base Charleston as the Secretary considers to be appropriate.