Sec. 2853. LAND CONVEYANCE, SAINT JOSEPH, MISSOURI

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## SEC. 2853 LAND CONVEYANCE, SAINT JOSEPH, MISSOURI ###

(a)Conveyance Authorized At such time as the Missouri Air National Guard vacates their existing location on the southern end of the airfield at Rosecrans Memorial Airport in Saint Joseph, Missouri, as determined by the Secretary of the Air Force, the Secretary may convey to the City of Saint Joseph, Missouri (in this section referred to as the “City”), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 54 acres at the Rosecrans Air National Guard Base in Saint Joseph, Missouri, for the purpose of removing the property from the boundaries of the Rosecrans Air National Guard Base and accommodating the operations and maintenance needs of the Rosecrans Memorial Airport as well as the development of the parcels and buildings for economic purposes. ###

(b)Condition of Conveyance The conveyance under subsection

(a)shall be subject to valid existing rights and the City shall accept the real property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance “as is”). ###

(c)Consideration ####

(1)Requirement As consideration for the conveyance of the property under subsection (a), the City shall provide the United States an amount that is equivalent to the fair market value of the right, title, and interest conveyed under subsection

(a)based on an appraisal approved by the Secretary of the Air Force. ####

(2)Types of consideration #####

(A)In general Except as provided in subparagraph (B), the consideration required to be provided under paragraph

(1)may be provided by land exchange, in-kind consideration described in subparagraph (D), or a combination thereof. #####

(B)Less than fair market value If the value of the land exchange or in-kind consideration provided under subparagraph

(A)is less than the fair market value of the property interest to be conveyed under subsection (a), the City shall pay to the United States an amount equal to the difference between the fair market value of the property interest and the value of the consideration provided under subparagraph (A). #####

(C)Cash consideration Any cash consideration received by the United States under this subsection shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and available in accordance with the provisions of subparagraph (B)(ii) of such section. #####

(D)In-kind consideration In-kind consideration described in this subparagraph may include the construction, provision, improvement, alteration, protection, maintenance, repair, or restoration (including environmental restoration), or a combination thereof, of any facilities or infrastructure relating to the needs of the Missouri Air National Guard at Rosecrans Air National Guard Base that the Secretary considers appropriate. ###

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

(1)Payment required The Secretary of the Air Force may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. ####

(2)Treatment of amounts received Amounts received under paragraph

(1)as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection

(a)shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. 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 property to be conveyed under subsection

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

(f)Additional Terms and Conditions The Secretary of the Air Force 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.