Sec. 2833. LAND CONVEYANCE, JOINT BASE PEARL HARBOR-HICKAM, HAWAII

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## SEC. 2833 LAND CONVEYANCE, JOINT BASE PEARL HARBOR-HICKAM, HAWAII ###

(a)Conveyances Authorized The Secretary of the Navy may convey to the Hale Keiki School all right, title, and interest of the United States, or any portion thereof, in and to certain real property, including any improvements thereon, consisting of approximately 11 acres located at or in the nearby vicinity of 153 Bougainville Drive, Honolulu, Hawaii (City and County of Honolulu Tax Map Key No. 9-9-02:37), which is part of the Joint Base Pearl Harbor-Hickam, before such real property, or any portion thereof, is made available for transfer pursuant to the Hawaiian Home Lands Recovery Act (title II of Public Law 104-42; 109 Stat. 357), for use by any other Federal agency, or for disposal under applicable laws. ###

(b)Consideration As consideration for a conveyance under subsection (a), the Hale Keiki School shall provide the United States, whether by cash payment, in-kind consideration described in section 2667(c) of title 10, United States Code, or a combination thereof, an amount that is not less than the fair market value of the conveyed property, as determined pursuant to an appraisal acceptable to the Secretary. ###

(c)Exercise of Right to Purchase Property ####

(1)Acceptance of offer For a period of 180 days beginning on the date the Secretary makes a written offer to convey the property or any portion thereof under subsection (a), the Hale Keiki School shall have the exclusive right to accept such offer by providing written notice of acceptance to the Secretary within the specified 180-day time period. If the Secretary’s offer is not so accepted within the 180-day period, the offer shall expire. ####

(2)Conveyance deadline If the Hale Keiki School accepts the offer to convey the property or a portion thereof in accordance with paragraph (1), the conveyance shall take place not later than two years after the date of the Hale Keiki School’s written acceptance. The Secretary and the Hale Keiki School, by mutual agreement, may extend the two-year conveyance deadline for a reasonable period of time, as evidenced by a new lease or license executed by the parties before the deadline. ###

(d)Payment of Costs of Conveyances ####

(1)Payment required The Secretary shall require the Hale Keiki School to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out a conveyance under subsection (a), including survey costs, related to the conveyance. If amounts are collected from the Hale Keiki School 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 conveyance, the Secretary shall refund the excess amount to the Hale Keiki School. The Secretary may collect the costs from the Hale Keiki School in advance of incurring any costs and may pay the administrative costs of processing the conveyance as they are incurred or at any time thereafter. ####

(2)Assumption of risk of paying costs of conveyance In the event that the conveyance is not completed by the deadline set forth in subsection (c)(2), including any extension thereof, the amounts collected from the Hale Keiki School under paragraph

(1)will not be refunded or reimbursed. The Hale Keiki School shall be considered to have assumed the risk of paying all costs of processing the conveyance after the offer has been accepted by the Hale Keiki School, regardless of whether or not the conveyance is ever completed. ####

(3)Treatment of amounts received Amounts received under paragraph

(1)as reimbursement for costs incurred by the Secretary to carry out a 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. 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. ###

(e)Description of Property The exact acreage and legal description of any real property to be conveyed under subsection

(a)shall be determined by a survey satisfactory to the Secretary. ###

(f)Additional Term and Conditions The Secretary may require such additional terms and conditions in connection with a conveyance under subsection

(a)as the Secretary considers appropriate to protect the interests of the United States.

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Pub. L. 104-42
109 Stat. 357

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Sec. 2833

LAND CONVEYANCE, JOINT BASE PEARL HARBOR-HICKAM, HAWAII

Pub. L.Pub. L. 104-42

Stat.109 Stat. 357

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