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Code · STATUTE-COMPILATIONS · John S. McCain National Defense Authorization Act for Fiscal Year 2019 · Sec. 2844

Sec. 2844. RELEASE OF RESTRICTIONS, UNIVERSITY OF CALIFORNIA, SAN DIEGO

662 words·~3 min read·/statute-compilations/comps-15483/sec-2844

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## SEC. 2844 RELEASE OF RESTRICTIONS, UNIVERSITY OF CALIFORNIA, SAN DIEGO ###
(a)Release The Secretary of the Navy may, upon receipt of full consideration as provided in subsection (b), release to the Regents of the University of California (in this section referred to as the “University of California”) all remaining right, title, and interest of the United States, including restrictions on use imposed by deed or otherwise and reversionary rights, in and to a parcel of real property consisting of approximately 495 acres that comprises part of the San Diego campus of the University of California. ###
(b)Consideration ####
(1)Consideration required As consideration for the release under subsection (a), the University of California shall provide an amount that is acceptable to the Secretary of the Navy, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof, at such time as the Secretary may require. The consideration under this paragraph shall be based on an appraisal approved by the Secretary of the value to the Department of the Navy of the restrictions released under subsection (a), except that in determining the value of such restrictions, there shall be excluded the value of any existing improvements to the property made by or on behalf of the University of California and the value of the University of California’s existing rights to the property. ####
(2)In-kind consideration In-kind consideration provided by the University of California under paragraph
(1)may include goods or services that benefit the Department of the Navy and may take into consideration the value which has accrued to the Department of the Navy from the San Diego campus of the University of California’s research, education, and clinical care activities, as well as the contracts, grants, and other collaborations between the Department of the Navy and the San Diego campus of the University of California. ####
(3)Treatment of consideration received Consideration in the form of cash payment received by the Secretary under paragraph
(1)shall be deposited in the separate fund in the Treasury described in section 572(a)(1) of title 40, United States Code. ###
(c)Payment of Costs of Release ####
(1)Payment required The Secretary of the Navy shall require the University of California to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the release under subsection (a), including survey costs, costs for environmental documentation related to the release, and any other administrative costs related to the release. If amounts are collected from the University of California 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 release, the Secretary shall refund the excess amount to the University of California. ####
(2)Treatment of amounts received Amounts received as reimbursement 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 release under subsection
(a)or, if the period of availability of obligations for that appropriation has expired, to the appropriations of a fund that is currently available to the Secretary for the same purpose. 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. ###
(d)Description of Property The exact acreage and legal description of the real property that is the subject of the release under subsection
(a)shall be determined by a survey or other documentation satisfactory to both the Secretary of the Navy and the University of California. ###
(e)Additional Terms and Conditions The Secretary of the Navy may require such additional terms and conditions in connection with the release under subsection
(a)as the Secretary considers appropriate to protect the interests of the United States.
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