Sec. 2821. LAND CONVEYANCE, HIGH FREQUENCY ACTIVE AURORAL RESEARCH PROGRAM FACILITY AND ADJACENT PROPERTY, GAKONA, ALASKA
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## SEC. 2821 LAND CONVEYANCE, HIGH FREQUENCY ACTIVE AURORAL RESEARCH PROGRAM FACILITY AND ADJACENT PROPERTY, GAKONA, ALASKA ###
(a)Conveyances Authorized ####
(1)Conveyance to university of alaska The Secretary of the Air Force may convey to the University of Alaska (in this section referred to as the “University”) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 1,158 acres near the Gulkana Village, Alaska, which was purchased by the Secretary of the Air Force from Ahtna, Incorporated, in January 1989, contain a High Frequency Active Auroral Research Program facility, and comprise a portion of the property more particularly described in subsection (b), for the purpose of permitting the University to use the conveyed property for public purposes. ####
(2)Conveyance to alaska native corporation The Secretary of the Air Force may convey to Ahtna, Incorporated (in this section referred to as “Ahtna”), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 4,259 acres near Gulkana Village, Alaska, which was purchased by the Secretary of the Air Force from Ahtna, Incorporated, in January 1989 and comprise the portion of the property more particularly described in subsection
(b)that does not contain the High Frequency Active Auroral Research Program facility. The property to be conveyed under this paragraph does not include any of the property authorized for conveyance to the University under paragraph (1). ###
(b)Property Described Subject to the property exclusions specified in subsection (c), the real property authorized for conveyance under subsection
(a)consists of portions of sections within township 7 north, range 1 east; township 7 north, range 2 east; township 8 north, range 1 east; and township 8 north, range 2 east; Copper River Meridian, Chitina Recording District, Third Judicial District, State of Alaska, as follows: ####
(1)Township 7 north, range 1 east: #####
(A)Section 1. #####
(B)E½, S½NW¼, SW¼ of section 2. #####
(C)S½SE¼, NE¼SE¼ of section 3. #####
(D)E½ of section 10. #####
(E)Sections 11 and 12. #####
(F)That portion of N½, N½S½ of section 13, excluding all lands lying southerly and easterly of the Glenn Highway right-of-way. #####
(G)N½, N½S½ of section 14. #####
(H)NE¼, NE¼SE¼ of section 15. ####
(2)Township 7 north, range 2 east: #####
(A)W½ of section 6. #####
(B)NW¼ of section 7, and the portion of N½SW¼ and NW¼SE¼ of such section lying northerly of the Glenn Highway right-of-way. ####
(3)Township 8 north, range 1 east: #####
(A)SE¼SE¼ of section 35. #####
(B)E½, SW¼, SE¼NW¼ of section 36. ####
(4)Township 8 north, range 2 east: #####
(A)W½ of section 31. ###
(c)Exclusion of Certain Property The real property authorized for conveyance under subsection
(a)may not include the following: ####
(1)Public easements reserved pursuant to section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)), as described in the Warranty Deed from Ahtna, Incorporated, to the United States, dated March 1, 1990, recorded in Book 31, pages 665 through 668 in the Chitina Recording District, Third Judicial District, Alaska. ####
(2)Easement for an existing trail as described in such Warranty Deed from Ahtna, Incorporated, to the United States. ####
(3)The subsurface estate. ###
(d)Consideration ####
(1)Conveyance to university As consideration for the conveyance of property under subsection (a)(1), the University shall provide the United States with consideration in an amount that is acceptable to the Secretary of the Air Force, whether in the form of cash payment, in-kind consideration, or a combination thereof. ####
(2)Conveyance to ahtna As consideration for the conveyance of property under subsection (a)(2), Ahtna shall provide the United States with consideration in an amount that is acceptable to the Secretary, whether in the form of cash payment, in-kind consideration, a land exchange under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), or a combination thereof. ####
(3)Treatment of cash consideration received Any cash payment received by the Secretary as consideration for a conveyance 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)Reversionary Interest If the Secretary of the Air Force determines at any time that the real property conveyed under subsection (a)(1) is not being used by the University in accordance with the purposes of the conveyance specified in such subsection, all right, title, and interest in and to the 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 property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing. ###
(f)Payment of Costs of Conveyance ####
(1)Payment required The Secretary of the Air Force shall require the recipient of real property under this section to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance of that property, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected 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 recipient. ####
(2)Treatment of amounts received Amounts received under paragraph
(1)as reimbursement for costs incurred by the Secretary to carry out a conveyance under this section shall be credited and made available to the Secretary as provided in section 2695(c) of title 10, United States Code. ###
(g)Conveyance Agreement The conveyance of property under this section shall be accomplished using a quitclaim deed or other legal instrument and upon terms and conditions mutually satisfactory to the Secretary of the Air Force and the recipient of the property, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
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Sec. 2821
LAND CONVEYANCE, HIGH FREQUENCY ACTIVE AURORAL RESEARCH PROGRAM FACILITY AND ADJACENT PROPERTY, GAKONA, ALASKA
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