Sec. 2833. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA

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## SEC. 2833 LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA ###

(a)Conveyance Authorized If the Secretary of the Army determines that no department or agency of the Federal Government will accept the transfer of a parcel of real property consisting of approximately 525 acres at Sharpe Army Depot in Lathrop, California, the Secretary may convey to the Port of Stockton, California, all right, title, and interest of the United States in and to the property, including any improvements thereon, for the purpose of permitting the Port of Stockton to use the property for the development or operation of a port facility. ###

(b)Modification of Parcel Authorized for Conveyance If a department or agency of the Federal Government will accept the transfer of a portion of the parcel of real property described in subsection (a), the Secretary of the Army shall modify the conveyance authorized by such subsection to exclude the portion of the parcel to be accepted by that department or agency. ###

(c)Conveyance Alternatives ####

(1)Public benefit conveyance The Secretary of the Army may assign the real property described in subsection

(a)to the Secretary of Transportation for conveyance under such subsection as a public benefit conveyance without monetary consideration to the Federal Government if the Port of Stockton satisfies the conveyance requirements specified in section 554 of title 40, United States Code. ####

(2)Fair market value conveyance #####

(A)Amount and determination If the Port of Stockton fails to qualify for a public benefit conveyance under paragraph

(1)and still desires to acquire the real property described in subsection (a), the Port of Stockton shall pay to the United States an amount that is not less than the fair market value of the property to be conveyed. The Secretary of the Army shall determine the fair market value of the property using an independent appraisal based on the highest and best use of the property. #####

(B)Deposit and availability The Secretary shall deposit cash payment received under subparagraph

(A)in the special account in the Treasury established for that Secretary under section 2667(e) of title 10, United States Code. The entire amount deposited shall be available for use in accordance with paragraph (1)(C) of such section. Paragraph (1)(D) of such section shall not apply to the entire amount deposited. ###

(d)Payment of Costs of Conveyance ####

(1)Payment required The Secretary of the Army shall require the Port of Stockton to pay costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance authorized by subsection (a), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance. ####

(2)Treatment of amounts received Amounts received as reimbursement under paragraph

(1)shall be credited to the fund or account that was used to pay the costs incurred by the Secretary in carrying out the conveyance under subsection

(a)or, if the period of availability of obligations for that appropriation has expired, to the appropriations of 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. ###

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

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

(f)Additional Terms and Conditions The Secretary of the Army may require such additional terms and conditions in connection with the conveyance under subsection

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

(g)Sunset If the real property authorized for conveyance by subsection

(a)is not conveyed within 10 years after the date of the enactment of this Act, the Secretary of the Army may report the property excess for disposal in accordance with applicable law.