Sec. 2855. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY POINT, NORTH CAROLINA

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## SEC. 2855 LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY POINT, NORTH CAROLINA ###

(a)Conveyance Authorized The Secretary of the Navy may convey to the City of Havelock, North Carolina (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 30 acres, known as the former Fort Macon Housing Area, located within the City limits. ###

(b)Interim Lease Until such time as the real property described in subsection

(a)is conveyed to the City, the Secretary of the Navy may lease the property to the City for 20 years. ###

(c)Consideration ####

(1)In general As consideration for the conveyance under subsection

(a)and interim lease under subsection (b), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. ####

(2)In-kind consideration In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Marine Corps Air Station Cherry Point, North Carolina, that the Secretary considers acceptable. ####

(3)Disposition of amounts #####

(A)Conveyance Amounts received by the Secretary in exchange for the fee title of the real property described in subsection

(a)shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and shall be available in accordance with subparagraph (B)(ii) of such section. #####

(B)Interim lease Amounts received by the Secretary for the interim lease of the real property described in subsection

(a)shall be deposited in the special account in the Treasury established for the Secretary under subsection

(e)of section 2667 of title 10, United States Code, and shall be available for use in accordance with paragraph (1)(D) of such subsection. ###

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

(1)In general The Secretary of the Navy shall require the City to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection

(a)and interim lease under subsection (b), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. ####

(2)Refund of excess amounts If amounts are collected from the City under paragraph

(1)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 conveyance under subsection

(a)and interim lease under subsection (b), the Secretary shall refund the excess amount to the City. ###

(e)Condition of Conveyance Conveyance of real property shall be subject to all existing easements, restrictions, and covenants of record and conditioned upon the following: ####

(1)Real property shall be used for municipal park and recreational purposes, which may include ancillary uses such as vending and restrooms. ####

(2)The City shall not use Federal funds to cover any portion of the amounts required by subsections

(c)and

(d)to be paid by the City. ###

(f)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 Navy. ###

(g)Exclusion of Requirements 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 real property authorized under subsection (a). ###

(h)Additional Terms The Secretary of the Navy 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.