Sec. 8377. CONVEYANCES

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## SEC. 8377 CONVEYANCES ###

(a)Generally Applicable Provisions ####

(1)Survey to obtain legal description The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. ####

(2)Applicability of property screening provisions Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. ####

(3)Costs of conveyance An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance. ####

(4)Liability An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed. ####

(5)Additional terms and conditions The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States. ###

(b)City of Lewes, Delaware ####

(1)Conveyance authorized The Secretary is authorized to convey, without consideration, to the City of Lewes, Delaware, all right, title, and interest of the United States in and to the real property described in paragraph (2), for the purpose of housing a new municipal campus for Lewes City Hall, a police station, and a board of public works. ####

(2)Property The property to be conveyed under this subsection is the approximately 5.26 acres of land, including improvements on that land, located at 1137 Savannah Road, Lewes, Delaware. ####

(3)Reversion #####

(A)In general If the Secretary determines at any time that the property conveyed under paragraph

(1)is not being used in accordance with the purpose specified in such paragraph, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States. #####

(B)Determination A determination by the Secretary under subparagraph

(A)shall be made on the record after an opportunity for a hearing. ###

(c)Army Reserve Facility, Belleville, Illinois ####

(1)Conveyance authorized The Secretary shall convey to the city of Belleville, Illinois, without consideration, all right, title, and interest of the United States in and to the real property described in paragraph (2). ####

(2)Property The property to be conveyed under this subsection is the approximately 5.2 acres of land, including improvements on that land, located at 500 South Belt East in Belleville, Illinois. ####

(3)Deed The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States. ####

(4)Reversion If the Secretary determines that the property conveyed under this subsection is not used for a public purpose, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States. ###

(d)Lake Barkley, Kentucky ####

(1)In general The Secretary is authorized to convey to the Eddyville Riverport and Industrial Development Authority all right, title, and interest of the United States in and to the approximately 3.3 acres of land in Lyon County, Kentucky, including the land identified as Tract 1216-2 and a portion of the land identified as Tract 112-2, adjacent to the southwestern boundary of the port facilities of the Authority at the Barkley Dam and Lake Barkley project, Kentucky, authorized by the first section of the Act of July 24, 1946 (chapter 595, 60 Stat. 636). ####

(2)Reservation of rights The Secretary shall reserve and retain from the conveyance under this subsection such easements, rights-of-way, and other interests that the Secretary determines to be necessary and appropriate to ensure the continued operation of the project described in paragraph (1). ####

(4)Consideration The Eddyville Riverport and Industrial Development Authority shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary. ###

(e)Sardis Lake, Panola County, Mississippi ####

(1)Conveyance authorized The Secretary is authorized to convey to the City of Sardis, Mississippi, all right, title, and interest of the United States in and to the real property described in paragraph (2). ####

(2)Property The property to be conveyed is the approximately 1,064 acres of lying in the eastern half of Sections 12 and 13, T 8 S, R 6 W and the western half of Section 18 and the western half of Section 7, T 8 S, R 5 W, in Panola County, Mississippi, and being more particularly described as follows: Begin at the southeast corner of said Section 13, run thence from said point of beginning, along the south line of said Section 13, run westerly, 2,723 feet; thence run N 27°39’53” W, for 1,898 feet; thence run north 2,434 feet; thence run east, 1,006 feet, more or less, to a point on the easterly edge of Mississippi State Highway No. 315; thence run along said easterly edge of highway, northerly, for 633 feet; thence leaving said easterly edge of highway, run N 62°00’ E, for 200 feet; thence N 07°00’ E, for 1,350 feet; thence N 07°00’ W, for 800 feet; thence N 37°30’W for 800 feet; thence N 10°00’ W for 350 feet; thence N 11°00’ E, for 350 feet; thence N 43°30’ E for 250 feet; thence N 88°00’ E for 200 feet; thence S 64°00’ E for 350 feet; thence S 25°30’ E, for 650 feet, more or less, to the intersection of the east line of the western half of the eastern half of the northwest quarter of the southeast quarter of the aforesaid Section 12, T 8 S, R 6 W and the 235-foot contour; thence run along said 235-foot contour, 6,392 feet; thence leaving said 235-foot contour, southerly 1,762 feet, more or less, to a point on the south line of Section 7; thence S 00°28’49” E, 2,664.97 feet, more or less, to a point on the south line of the northwest quarter of said Section 18; thence along said south line, easterly for 100 feet, more or less to the northwest corner of the southwest quarter of said Section 18; thence leaving said south line of said northwest quarter, along the east line of said southwest quarter, S 00°06’20” E, run 2,280 feet, more or less, to the southerly edge of an existing power line right-of-way; thence leaving said east line of said southwest quarter, along said southerly edge of said power line right-of-way, northwesterly, 300 feet, more or less, to the easterly edge of the existing 4-H Club Road; thence leaving said southerly edge of said power line right-of-way, along said easterly edge of said road, southeasterly, 420 feet, more or less, to the south line of said southwest quarter; thence leaving said easterly edge of said road, along said south line of southwest quarter, westerly, 2,635 feet, more or less, to the point of beginning, LESS AND EXCEPT the following prescribed parcel: Beginning at a point N 00°45’48” W, 302.15 feet and west, 130.14 feet from the southeast corner of said Section 13, T 8 S, R 6 W, and running thence S 04°35’58” W, 200.00 feet to a point on the north side of a road; running thence with the north side of said road, N 83°51’ W, for 64.84 feet; thence N 72°26’44” W, 59.48 feet; thence N 60°31’37” W, 61.71 feet; thence N 63°35’08” W, 51.07 feet; thence N 06°47’17” W, 142.81 feet to a point; running thence S 85°24’02” E, 254.37 feet to the point of beginning, containing 1.00 acre, more or less. ####

(3)Reservation of rights #####

(A)In general The Secretary shall reserve and retain from the conveyance under this subsection such easements, rights-of-way, and other interests that the Secretary determines to be necessary and appropriate to ensure the continued operation of the Sardis Lake project, authorized by section 6 of the Act of May 15, 1928 (chapter 569, 45 Stat. 536). #####

(B)Flooding; liability In addition to any easements, rights-of-way, and other interests reserved and retained under subparagraph (A), the Secretary— ######

(i)shall retain the right to flood land for downstream flood control purposes on— ######

(I)the land located east of Blackjack Road and below 301.0 feet above sea level; and ######

(II)the land located west of Blackjack Road and below 224.0 feet above sea level; and ######

(ii)shall not be liable for any reasonable damage resulting from any flooding of land pursuant to clause (i). ####

(4)Deed The Secretary shall— #####

(A)convey the property under this section by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States; and #####

(B)ensure that such deed includes a permanent restriction that all future building of above-ground structures on the land conveyed under this subsection shall be restricted to areas lying at or above 301.0 feet above sea level. ####

(5)Consideration The City of Sardis, Mississippi, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary. ####

(6)Notice and reporting After conveying property under this subsection, the Secretary shall submit to the City of Sardis, Mississippi— #####

(A)weekly reports describing— ######

(i)the water level of Sardis Lake, as in effect on the date of submission of the report; ######

(ii)any applicable forecasts of that water level; and ######

(iii)any other information that may affect land conveyed under this subsection; and #####

(B)a timely notice of any anticipated flooding of a portion of the land conveyed under this subsection. ###

(f)Rogers County, Oklahoma ####

(1)Conveyance authorized The Secretary is authorized to convey to the City of Tulsa-Rogers County Port Authority, all right, title, and interest of the United States in and to the real property described in paragraph (2). ####

(2)Property The property to be conveyed under this subsection is the approximately 176 acres of Federal land located on the following 3 parcels in Rogers County, Oklahoma: #####

(A)Parcel 1 consists of U.S. tract 119 (partial), U.S. tract 123, U.S. tract 120, U.S. tract 125, and U.S. tract 118 (partial). #####

(B)Parcel 2 consists of U.S. tract 124 (partial) and U.S. tract 128 (partial). #####

(C)Parcel 3 consists of U.S. tract 128 (partial). ####

(3)Reservation of rights The Secretary shall reserve and retain from any conveyance under this subsection such easements, rights-of-way, and other interests that the Secretary determines to be necessary and appropriate to ensure the continued operation of the McClellan-Kerr Arkansas River navigation project (including Newt Graham Lock and Dam 18) authorized under the comprehensive plan for the Arkansas River Basin by the Act of June 28, 1938 (chapter 795, 52 Stat. 1218; 60 Stat. 634; 60 Stat. 647; 101 Stat. 1329-112; 117 Stat. 1842). ####

(4)Deed The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States. ####

(5)Consideration The City of Tulsa-Rogers County Port Authority shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary. ####

(6)Obstructions to navigable capacity A conveyance under this subsection shall not affect the jurisdiction of the Secretary under section 10 of the Act of March 3, 1899 (33 U.S.C. 403) with respect to the property conveyed. ###

(g)Regional Corps of Engineers Office, Corpus Christi, Texas ####

(1)Conveyance authorized At such time as new facilities are available to be used as the office for the Galveston District of the Corps of Engineers, the Secretary shall convey to the Port of Corpus Christi, all right, title, and interest of the United States in and to the property described in paragraph (2). ####

(2)Description of property The property referred to in paragraph

(1)is the land known as Tract 100 and Tract 101, including improvements on that land, in Corpus Christi, Texas, and described as follows: #####

(A)Tract 100 The 1.89 acres, more or less, as conveyed by the Nueces County Navigation District No. 1 of Nueces County, Texas, to the United States by instrument dated October 16, 1928, and recorded at Volume 193, pages 1 and 2, in the Deed Records of Nueces County, Texas. #####

(B)Tract 101 The 0.53 acres as conveyed by the City of Corpus Christi, Nueces County, Texas, to the United States by instrument dated September 24, 1971, and recorded at Volume 318, pages 523 and 524, in the Deed Records of Nueces County, Texas. #####

(C)Improvements ######

(i)Main Building (RPUID AO-C-3516), constructed January 9, 1974. ######

(ii)Garage, vehicle with 5 bays (RPUID AO-C-3517), constructed January 9, 1985. ######

(iii)Bulkhead, Upper (RPUID AO-C-2658), constructed January 1, 1941. ######

(iv)Bulkhead, Lower (RPUID AO-C-3520), constructed January 1, 1933. ######

(v)Bulkhead Fence (RPUID AO-C-3521), constructed January 9, 1985. ######

(vi)Bulkhead Fence (RPUID AO-C-3522), constructed January 9, 1985. ####

(4)Consideration The Port of Corpus Christi shall pay to the Secretary an amount that is not less than the fair market value of the property (including improvements) conveyed under this subsection, as determined by the Secretary.

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