Sec. 2841. LAND EXCHANGE, NAVAL INDUSTRIAL RESERVE ORDNANCE PLANT, SUNNYVALE, CALIFORNIA
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## SEC. 2841 LAND EXCHANGE, NAVAL INDUSTRIAL RESERVE ORDNANCE PLANT, SUNNYVALE, CALIFORNIA ###
(a)Land Exchange Authorized The Secretary of the Navy may convey to an entity (in this section referred to as the “Exchange Entity”) all right, title, and interest of the United States in and to the parcel of real property, including improvements thereon, comprising the Naval Industrial Reserve Ordnance Plant (NIROP) located in Sunnyvale, California in exchange for— ####
(1)real property, including improvements thereon, located in Titusville, Florida, that will replace the NIROP and meet the readiness requirements of the Department of the Navy, as determined by the Secretary; and ####
(2)reimbursement for the costs of relocation of contractor and Government personnel and equipment from the NIROP to the replacement facilities, to the extent specified in the land exchange agreement contemplated in subsection (b). ###
(b)Land Exchange Agreement ####
(1)In general The exchange authorized under subsection
(a)shall be governed by a land exchange agreement that identifies the costs of relocation to be reimbursed by the Exchange Entity, the property to be exchanged (including improvements thereon), the time period in which the exchange will occur, and the roles and responsibilities of the Secretary and the Exchange Entity in carrying out the exchange. ####
(2)Compliance with environmental laws Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). ###
(c)Valuation The Secretary shall determine the fair market value of the properties, including improvements thereon, to be exchanged by the Secretary and the Exchange Entity under subsection (a). ###
(d)Compensation ####
(1)Compensation required The Exchange Entity shall provide compensation under the land exchange agreement described in subsection
(b)that is equal to or exceeds the fair market value of the NIROP, as determined under subsection (c). ####
(2)In-kind consideration As part of the compensation under the land exchange agreement, the Secretary and the Exchange Entity may agree for the Exchange Entity to provide the following forms of in-kind consideration at any property or facility under the control of the Secretary: #####
(A)Alteration, repair, improvement, or restoration (including environmental restoration) of property. #####
(B)Use of facilities by the Secretary. #####
(C)Provision of real property maintenance services. #####
(D)Provision of or payment of utility services. #####
(E)Provision of such other services relating to activities that will occur on the property as the Secretary considers appropriate. ####
(3)Deposit The Secretary shall deposit any cash payments received under the land exchange agreement, other than cash payments accepted under section 2695 of title 10, United States Code, in the account in the Treasury established pursuant to section 572(b) of title 40, United States Code. ####
(4)Use of proceeds Proceeds deposited pursuant to paragraph
(3)in the account referred to in such paragraph shall be available to the Secretary in such amounts as provided in appropriations Acts for the following activities: #####
(A)Maintenance, protection, alternation, repair, improvement, or restoration (including environmental restoration) of property or facilities. #####
(B)Payment of utilities services. #####
(C)Real property maintenance services. ###
(e)Payment of Costs of Conveyance The Secretary shall require the Exchange Entity to pay costs incurred by the Department of the Navy to carry out the exchange authorized under subsection (a), including costs incurred for land surveys, environmental documentation, the review of replacement facilities design, real estate due diligence (including appraisals), preparing and executing the agreement described in subsection (b), and any other administrative costs related to the exchange. If amounts are collected from the Exchange Entity 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 exchange under subsection (a), the Secretary shall refund the excess amount to the Exchange Entity. ###
(f)Treatment of Amounts Received Amounts received under subsections
(a)and
(e)shall be used in accordance with section 2695(c) of title 10, United States Code. ###
(g)Description of Property The exact legal description of the property, including acreage, to be exchanged under subsection
(a)shall be determined by surveys satisfactory to the Secretary. ###
(h)Relation to Other Military Construction Requirements ####
(1)Exclusion from treatment as military construction project The acquisition or disposition of any property pursuant to the exchange authorized under subsection
(a)shall not be treated as a military construction project for which an authorization is required by section 2802 of title 10, United States Code, or for which reporting is required by section 2662 of such title. ####
(2)Exclusion of requirement for prior screening by general services administration for additional federal use Section 2696(b) of title 10, United States Code, does not apply to the conveyance of any real property pursuant to the exchange authorized under subsection (a). ###
(i)Additional Terms and Conditions The Secretary may require such additional terms and conditions in connection with the exchange authorized under subsection
(a)as the Secretary considers appropriate to protect the interests of the United States. ###
(j)Sunset The authority provided to the Secretary to carry out the exchange under subsection
(a)shall expire on October 1, 2026, if the Secretary and the Exchange Entity have not entered into a land exchange agreement described in subsection
(b)before that date.
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Sec. 2841
LAND EXCHANGE, NAVAL INDUSTRIAL RESERVE ORDNANCE PLANT, SUNNYVALE, CALIFORNIA
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