Sec. 2851. LAND CONVEYANCE AND EXCHANGE, JOINT BASE ELMENDORF RICHARDSON, ALASKA
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## SEC. 2851 LAND CONVEYANCE AND EXCHANGE, JOINT BASE ELMENDORF RICHARDSON, ALASKA ###
(a)Conveyances Authorized ####
(1)Municipality of anchorage The Secretary of the Air Force may, in consultation with the Secretary of the Interior, convey to the Municipality of Anchorage (in this section referred to as the “Municipality”) all right, title, and interest of the United States in and to all or any part of a parcel of real property, including any improvements thereon, consisting of approximately 220 acres at JBER situated to the west of and adjacent to the Anchorage Regional Landfill in Anchorage, Alaska, for solid waste management purposes, including reclamation thereof, and for alternative energy production, and other related activities. This authority may not be exercised unless and until the March 15, 1982, North Anchorage Land Agreement is amended by the parties thereto to specifically permit the conveyance under this paragraph. ####
(2)Eklutna, inc The Secretary of the Air Force may, in consultation with the Secretary of the Interior, upon terms mutually agreeable to the Secretary of the Air Force and Eklutna, Inc., an Alaska Native village corporation organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) (in this section referred to as “Eklutna”), convey to Eklutna all right, title, and interest of the United States in and to all or any part of a parcel of real property, including any improvements thereon, consisting of approximately 130 acres situated on the northeast corner of the Glenn Highway and Boniface Parkway in Anchorage, Alaska, or such other property as may be identified in consultation with the Secretary of the Interior, for any use compatible with JBER’s current and reasonably foreseeable mission as determined by the Secretary of the Air Force. ####
(3)Right to withhold transfer The Secretary may withhold transfer of any portion of the real property described in paragraphs
(1)and
(2)based on public interest or military mission requirements. ###
(b)Consideration ####
(1)Municipality property As consideration for the conveyance under subsection (a)(1), the Secretary of the Air Force shall receive in-kind solid waste management services at the Anchorage Regional Landfill or such other consideration as determined satisfactory by the Secretary equal to at least fair market value of the property conveyed. ####
(2)Eklutna property As consideration for the conveyance under subsection (a)(2), the Secretary of the Air Force is authorized to receive, upon terms mutually agreeable to the Secretary and Eklutna, such interests in the surface estate of real property owned by Eklutna and situated at the northeast boundary of JBER and other consideration as considered satisfactory by the Secretary equal to at least fair market value of the property conveyed. ###
(c)Payment of Costs of Conveyance ####
(1)Payment required The Secretary of the Air Force shall require the Municipality and Eklutna to reimburse the Secretary to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyances under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. ####
(2)Treatment of amounts received Amounts received as reimbursement under paragraph
(1)shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. 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. ###
(d)Treatment of Cash Consideration Received Any cash payment received by the United States as consideration for the conveyances under subsection
(a)shall be deposited in the special account in the Treasury established under subsection
(b)of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection. ###
(e)Description of Property The exact acreage and legal description of the real property to be conveyed under subsection
(a)shall be determined by surveys satisfactory to the Secretary. ###
(f)Other or Additional Terms and Conditions The Secretary may require such additional terms and conditions in connection with the conveyances under subsection
(a)as the Secretary considers appropriate to protect the interests of the United States.
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Sec. 2851
LAND CONVEYANCE AND EXCHANGE, JOINT BASE ELMENDORF RICHARDSON, ALASKA
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