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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2017 · Sec. 2829D

Sec. 2829D. CLOSURE OF ST. MARYS AIRPORT

854 words·~4 min read·/statute-compilations/comps-13740/sec-2829d

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## SEC. 2829D CLOSURE OF ST. MARYS AIRPORT ###
(a)Release of Restrictions Subject to subsection (b), the United States, acting through the Administrator of the Federal Aviation Administration, shall release the city of St. Marys, Georgia, from all restrictions, conditions, and limitations on the use, encumbrance, conveyance, and closure of the St. Marys Airport, to the extent such restrictions, conditions, and limitations are enforceable by the Administrator. ###
(b)Requirements for Release of Restrictions The Administrator shall execute the release under subsection
(a)once all of the following occurs: ####
(1)The Secretary of the Navy transfers to the Georgia Department of Transportation the amounts described in subsection
(c)and requires as an enforceable condition on such transfer that all funds transferred shall be used only for airport development (as defined in section 47102 of title 49, United States Code) of a general aviation airport in Georgia, consistent with planning efforts conducted by the Administrator and the Georgia Department of Transportation. ####
(2)The city of St. Marys, for consideration as provided for in this section, grants to the United States, under the administrative jurisdiction of the Secretary, a restrictive use easement in the real property used for the St. Marys Airport, as determined acceptable by the Secretary, under such terms and conditions as the Secretary considers necessary to protect the interests of the United States and prohibiting the future use of such property for all aviation-related purposes and any other purposes deemed by the Secretary to be incompatible with the operations, functions, and missions of Naval Submarine Base, Kings Bay, Georgia. ####
(3)The Secretary obtains an appraisal to determine the fair market value of the real property used for the St. Marys Airport in the manner described in subsection (c)(1). ####
(4)The Administrator fulfills the obligations under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in connection with the release under subsection (a). In carrying out such obligations— #####
(A)the Administrator shall not assume or consider any potential or proposed future redevelopment of the current St. Marys airport property; #####
(B)any potential new general aviation airport in Georgia shall be deemed to be not connected with the release noted in subsection
(a)nor the closure of St. Marys Airport; and #####
(C)any environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a potential general aviation airport in Georgia shall be considered through an environmental review process separate and apart from the environmental review made a condition of release by this section. ###
(c)Transfer of Amounts Described The amounts described in this subsection are the following: ####
(1)An amount equal to the fair market value of the real property of the St. Marys Airport, as determined by the Secretary and concurred in by the Administrator, based on an appraisal report and title documentation that— #####
(A)is prepared or adopted by the Secretary, and concurred in by the Administrator, not more than 180 days prior to the transfer described in subsection (b)(1); and #####
(B)meets all requirements of Federal law and the appraisal and documentation standards applicable to the acquisition and disposal of real property interests of the United States. ####
(2)An amount equal to the unamortized portion of any Federal development grants (including grants available under a State block grant program established pursuant to section 47128 of title 49, United States Code), other than used for the acquisition of land, paid to the city of St. Marys for use as the St. Marys Airport. ####
(3)An amount equal to the airport revenues remaining in the airport account for the St. Marys Airport as of the date of the enactment of this Act and as otherwise due to or received by the city of St. Marys after such date of enactment pursuant to sections 47107(b) and 47133 of title 49, United States Code. ###
(d)Authorization for Transfer of Funds Using funds available to the Department of the Navy for operation and maintenance, the Secretary may pay the amounts described in subsection
(c)to the Georgia Department of Transportation, conditioned as described in subsection (b)(1). ###
(e)Additional Requirements ####
(1)Survey The exact acreage and legal description of St. Marys Airport shall be determined by a survey satisfactory to the Secretary and concurred in by the Administrator. ####
(2)Planning of general aviation airport Any planning effort for the development of a new general aviation airport in southeast Georgia using the amounts described in subsection
(c)shall be conducted in coordination with the Secretary, and shall ensure that any such airport does not encroach on the operations, functions, and missions of Naval Submarine Base, Kings Bay, Georgia. ###
(f)Rule of Construction Nothing in this section may be construed to limit the applicability of— ####
(1)the requirements and processes under section 46319 of title 49, United States Code; ####
(2)the requirements and processes under part 157 of title 14, Code of Federal Regulations; or ####
(3)the public notice requirements under section 47107(h)(2) of title 49, United States Code.
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Sec. 2829D
CLOSURE OF ST. MARYS AIRPORT
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