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Code · STATUTE-COMPILATIONS · James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 · Sec. 2842

Sec. 2842. LAND CONVEYANCE, JOINT BASE CHARLESTON, SOUTH CAROLINA

759 words·~3 min read·/statute-compilations/comps-17475/sec-2842

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## SEC. 2842 LAND CONVEYANCE, JOINT BASE CHARLESTON, SOUTH CAROLINA ###
(a)Conveyance Authorized The Secretary of the Air Force (in this section referred to as the “Secretary”) may convey to the City of North Charleston, South 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 26 acres known as the Old Navy Yard at Joint Base Charleston, South Carolina, for the purpose of permitting the City to use the property for economic development. ###
(b)Consideration ####
(1)In general As consideration for the conveyance under subsection (a), the City shall pay to the Secretary an amount equal to not less than the fair market value, as determined by the Secretary, based on an appraisal of the property to be conveyed under such subsection, which may consist of cash payment, in-kind consideration as described under paragraph (3), or a combination thereof. ####
(2)Sufficiency of consideration #####
(A)In general Consideration paid to the Secretary under paragraph
(1)shall be in an amount sufficient, as determined by the Secretary, to provide replacement space for, and for the relocation of, any personnel, furniture, fixtures, equipment, and personal property of any kind belonging to any military department located upon the property to be conveyed under subsection (a). #####
(B)Completion prior to conveyance Any cash consideration shall be paid in full and any in-kind consideration shall be complete, useable, and delivered to the satisfaction of the Secretary at or prior to the conveyance under subsection (a). ####
(3)In-kind consideration In-kind consideration provided by the City under paragraph
(1)may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure with proximity to Joint Base Charleston Weapons Station (South Annex) and located on Joint Base Charleston, that the Secretary considers acceptable. ####
(4)Treatment of cash consideration received Any cash consideration received by the Secretary under paragraph
(1)shall be deposited in the special account in the Treasury under subparagraph
(A)of section 572(b)(5) of title 40, United States Code, and shall be available in accordance with subparagraph (B)(ii) of such section. ###
(c)Payment of Costs of Conveyance ####
(1)Payment required #####
(A)In general The Secretary 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, appraisal costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. #####
(B)Refund of amounts If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), 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 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 property to be conveyed under subsection
(a)shall be determined by a survey satisfactory to the Secretary. ###
(e)Condition of Conveyance The conveyance under subsection
(a)shall be subject to all valid existing rights and the City shall accept the property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance “as is”). ###
(f)Additional Terms and Conditions The Secretary 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)Old Navy Yard Defined In this section, the term “Old Navy Yard” includes the facilities used by the Naval Information Warfare Center Atlantic, including buildings 1602, 1603, 1639, 1648, and such other facilities, infrastructure, and land along or near the Cooper River waterfront at Joint Base Charleston as the Secretary considers appropriate.
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