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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2012 · Sec. 255

Sec. 255. LABORATORY FACILITIES, HANOVER, NEW HAMPSHIRE

566 words·~3 min read·/statute-compilations/comps-10045/sec-255

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## SEC. 255 LABORATORY FACILITIES, HANOVER, NEW HAMPSHIRE ###
(a)Acquisition ####
(1)In general Subject to paragraph (3), the Secretary of the Army (referred to in this section as the “Secretary”) may acquire any real property and associated real property interests in the vicinity of Hanover, New Hampshire, described in paragraph
(2)as may be needed for the Engineer Research and Development Center laboratory facilities at the Cold Regions Research and Engineering Laboratory. ####
(2)Description of real property The real property described in this paragraph is the real property to be acquired under paragraph (1)— #####
(A)consisting of approximately 18.5 acres, identified as Tracts 101-1 and 101-2, together with all necessary easements located entirely within the Town of Hanover, New Hampshire; and #####
(B)generally bounded— ######
(i)to the east by state route 10-Lyme Road; ######
(ii)to the north by the vacant property of the Trustees of Dartmouth College; ######
(iii)to the south by Fletcher Circle graduate student housing owned by the Trustees of Dartmouth College; and ######
(iv)to the west by approximately 9 acres of real property acquired in fee through condemnation in 1981 by the Secretary. ####
(3)Amount paid for property The Secretary shall pay not more than fair market value for any real property and associated real property interest acquired under this subsection. ###
(b)Revolving Fund The Secretary— ####
(1)through the Plant Replacement and Improvement Program of the Secretary, may use amounts in the revolving fund established by section 101 of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) to acquire the real property and associated real property interests described in subsection (a); and ####
(2)shall ensure that the revolving fund is appropriately reimbursed from the benefitting appropriations. ###
(c)Right of First Refusal ####
(1)In general The Secretary may provide the seller of any real property and associated property interests identified in subsection
(a)a right of first refusal— #####
(A)a right of first refusal to acquire the property, or any portion of the property, in the event the property or portion is no longer needed by the Department of the Army; and #####
(B)a right of first refusal to acquire any real property or associated real property interests acquired by condemnation in Civil Action No. 81-360-L, in the event the property, or any portion of the property, is no longer needed by the Department of the Army. ####
(2)Nature of right A right of first refusal provided to a seller under this subsection shall not inure to the benefit of any successor or assign of the seller. ###
(d)Consideration; Fair Market Value The purchase of any property by a seller exercising a right of first refusal provided under subsection
(c)shall be for— ####
(1)consideration acceptable to the Secretary; and ####
(2)not less than fair market value at the time at which the property becomes available for purchase. ###
(e)Disposal The Secretary may dispose of any property or associated real property interests that are subject to the exercise of the right of first refusal under this section. ###
(f)No Effect on Compliance With Environmental Laws Nothing in this section affects or limits the application of or obligation to comply with any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
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Sec. 255
LABORATORY FACILITIES, HANOVER, NEW HAMPSHIRE
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