Sec. 2844. LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS
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## SEC. 2844 LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS ###
(a)Conveyance Authorized ####
(1)Conveyance authority The Secretary of the Army may convey, without consideration, to the Parks and Wildlife Department of the State of Texas (in this section referred to as the “Department”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 7,081 acres at Fort Bliss, Texas, for the purpose of permitting the Department to establish and operate a park as an element of the Franklin Mountains State Park. ####
(2)Piecemeal conveyances In anticipation of the conveyance of the entire parcel of real property described in paragraph (1), the Secretary may subdivide the parcel and convey to the Department portions of the real property as the Secretary determines that the condition of the real property is compatible with the Department’s intended use of the property. ###
(b)Reversionary Interest If the Secretary determines at any time that the real property conveyed under subsection
(a)is not being used in accordance with the purpose of the conveyance, all right, title, and interest in and to such real property, including any improvements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing. ###
(c)Payment of Costs of Conveyances ####
(1)Payment required The Secretary shall require the Department to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the land conveyance under this section, including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the Department in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the land exchange, the Secretary shall refund the excess amount to Department. This paragraph does not apply to costs associated with the environmental remediation of the property to be conveyed. ####
(2)Treatment of amounts received Amounts received as reimbursements under paragraph
(1)shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the land exchange. 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. ###
(c)Description of Property The exact acreage and legal descriptions of the parcels of real property to be conveyed under subsection
(a)shall be determined by a survey satisfactory to the Secretary. ###
(d)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. ###
(e)Additional Conditions on Future Use of Castner Range ####
(1)Conditions To protect and conserve ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources within the real property described in subsection (a), subject to rights and improvements in existence as of December 31, 2017, there shall be no commercial enterprise, no permanent road, no temporary road, no use of motor vehicles or motorized equipment, no landing of aircraft, no other form of mechanical transport, and no structure, building or installation of any kind, except measures required to protect the health and safety of persons. ####
(2)Applicability of conditions #####
(A)Paragraph
(1)applies to use of the real property by the Secretary or any successor in interest including the head of another federal agency or a non-federal entity. #####
(B)The Secretary, or head of any other federal agency, shall include the conditions set forth in paragraph
(1)in the conveyance authorized by subsection (a), or any conveyance of the property described in subsection (a), or any portion thereof, to any other non-federal entity. ####
(3)Noncompliance Subsection
(b)shall apply to a determination by the Secretary, or head of any other federal agency, that a non-federal entity to whom the property described in subsection
(a)or any portion thereof has been conveyed, or any successor in interest, has not complied with paragraph (1). ####
(4)Military munitions The Secretary shall conduct military munitions response actions on the real property described in subsection
(a)in accordance with the Comprehensive Environmental Response Compensation and Liability Act of 1980 and consistent with the limited recreational, non-residential, non-commercial conditions on future use set forth in paragraph (1). These munitions response actions shall also minimize disturbance of natural and cultural resources present on the real property described in subsection (a).