Sec. 13. Conveyance of Federal land to the Coachella Valley Water District
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Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), if not later than 30 days after completion of the appraisal required under subsection (b), CVWD submits to the Secretary an offer to acquire the Facility Land for the Fair Market Value as determined pursuant to subsection (b), the Secretary shall, not later than 30 days after the date of the offer, convey to CVWD all right, title, and interest to the Facility Land, subject to valid existing rights.
Not later than 90 days after the Enforceability Date, the Secretary shall determine the fair market value of the Facility Land— in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and based on an appraisal that is conducted in accordance with— the Uniform Appraisal Standards for Federal Land Acquisitions; and the Uniform Standards of Professional Appraisal Practice. All costs associated with the appraisal under paragraph
(1)shall be borne by CVWD. Not later than 30 days after the date on which the Facility Land is conveyed under subsection (a), as a condition of the conveyance, CVWD shall pay to the Secretary an amount equal to the fair market value as determined under subsection (b). In addition to the fair market value determined under subsection (b), CVWD, as the buyer, shall pay all costs related to the applicable conveyance, including surveys and appraisals. The proceeds from the sale of the Facility Land shall be— deposited in the Federal Land Deposit Account established by section 206 of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2305(a) ); and used in accordance with that Act. Notwithstanding the descriptions of the Facility Land as defined in section 3, the United States may, with the consent of CVWD, make technical corrections to the legal land descriptions to more specifically identify the parcels to be transferred to CVWD. Upon the discovery of any suspected Tribal Cultural Resources at the Facility and Adjacent Lands CVWD shall immediately cease, or cause the cessation of, all ground disturbing activity in the immediate vicinity (defined as an area sufficient to protect the discovery of the resource and a buffer zone sufficient to allow safe investigation of the discovery and to protect any other potentially associated features) of the suspected Tribal Cultural Resources. All ground disturbing activity in the immediate vicinity of any suspected Tribal Cultural Resources at the Facility or Adjacent Lands shall remain suspended until— a conclusive determination has been made that the discovery does not involve a Tribal Cultural Resource; or final treatment and disposition of the Tribal Cultural Resource in compliance with this subsection. If CVWD or its representatives discover potential Tribal Cultural Resources, excluding human remains, at the Facility or Adjacent Lands, CVWD shall promptly notify the Agua Caliente Director of Historic Preservation and General Counsel. If CVWD or its representatives discover human remains, CVWD shall— promptly notify— the Agua Caliente Director of Historic Preservation; General Counsel; and the County Coroner, requesting a determination as to whether the remains are Native American human remains; and cover reasonable fees and costs charged by the County Coroner, if applicable. If the Tribe is identified as the Most Likely Descendant with respect to a Tribal Cultural Resource, in addition to requirements of applicable State law, CVWD shall— give access to the Tribe to inspect the discovery site and to decide, at the sole discretion of the Tribe, on the treatment and disposition of the Tribal Cultural Resource; and if the Tribe chooses reburial for the Tribal Cultural Resource, facilitate or secure authorization for on-site reburial at a location— mutually agreed upon; and not subject to future disturbance.
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Sec. 13
Conveyance of Federal land to the Coachella Valley Water District
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