Sec. 2858. REMOVAL OF CERTAIN CONDITIONS REGARDING CONVEYANCE OF FORMER ARMY–NAVY GENERAL HOSPITAL, HOT SPRINGS NATIONAL PARK, HOT SPRINGS, ARKANSAS, TO THE STATE OF ARKANSAS
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## SEC. 2858 REMOVAL OF CERTAIN CONDITIONS REGARDING CONVEYANCE OF FORMER ARMY–NAVY GENERAL HOSPITAL, HOT SPRINGS NATIONAL PARK, HOT SPRINGS, ARKANSAS, TO THE STATE OF ARKANSAS ###
(a)Conditions on Reversion of Property ####
(1)Elimination of reversion Notwithstanding section 3 of the Act of September 21, 1959 (Public Law 86–323), the Secretary of the Army shall, subject to subsection (b), extinguish by quitclaim deed any reversionary interest retained by the United States in the Covered Property if— #####
(A)not later than three years after the date of the enactment of this Act, the Governor of the State of Arkansas submits to the Secretary of the Army a written request to extinguish any reversionary or other future interest held by the United States in the Covered Property pursuant to section 3 of the Act of September 21, 1959 (Public Law 86–323); and #####
(B)the Secretary of the Army, in consultation with the Administrator of the General Services Administration and the Secretary of the Interior, concurs in writing with that request. ####
(2)Reversion If the Governor of the State of Arkansas does not submit the written request described in paragraph (1)(A) before the end of the period specified in that paragraph, any and all right, title, and interest held by the State of Arkansas in the Covered Property as evidenced by the Deed of Conveyance shall revert to the United States in accordance with section 3 of the Act of September 21, 1959 (Public Law 86–323).Any reversion to the United States will be documented in a quit claim deed and recorded. ####
(3)Removal of use conditions Section 3(a) of the Act of September 21, 1959 (Public Law 86–323) is amended by striking “as a vocational rehabilitation center or for other public health or educational purposes” and inserting “in a manner compatible with the purposes of Hot Springs National Park, as jointly determined by the Secretary of the Interior and the Governor of the State of Arkansas”. ####
(4)Authority to accept conveyance The Secretary of the Interior is authorized to accept a conveyance, at no cost to the Department of the Interior, of the Covered Property from the State of Arkansas to the United States of America, and take custody and control thereof, for restoration to the Hot Springs National Park. ###
(b)Limitations ####
(1)In general The Secretary of the Army may not— #####
(A)convey or extinguish under this section any interest reserved to the United States pursuant to section 2 of the Act of September 21, 1959 (Public Law 86–323) in— ######
(i)mineral rights, including gas and oil, together with necessary rights of ingress, egress, and surface use; ######
(ii)thermal and hot waters, together with necessary rights of ingress, egress, and surface use; or ######
(iii)the location, installation, and relocation of utility facilities; or #####
(B)modify the conditions set forth in paragraphs 2, 3, and 4 of the Deed of Conveyance. ####
(2)Conditions of extinguishment If the Secretary of the Army extinguishes the reversionary interest in the Covered Property as provided in subsection (a)(1), as a condition of the extinguishment, the Secretary shall include a reservation requiring— #####
(A)that the State of Arkansas offer to convey the Covered Property to the Secretary of the Interior, without consideration, in accordance with subsection (a)(4), prior to the State conveying the property to any other entity; and #####
(B)that any new use or development of the Covered Property be compatible with the purposes of Hot Springs National Park, as jointly determined by the Secretary of the Interior and the Governor of the State of Arkansas. ####
(3)Administrative jurisdiction #####
(A)In general If title to the Covered Property reverts to the United States as provided in subsection (a)(2), the Secretary of the Army shall transfer administrative jurisdiction over the Covered Property, without consideration, to the Secretary of the Interior, and the property shall be included in, and administered as part of Hot Springs National Park. #####
(B)Memorandum of understanding ######
(i)Allocation of costs As a condition of the transfer of administrative jurisdiction under subparagraph (A), the Secretary of the Army and the Secretary of the Interior shall enter into a memorandum of understanding to determine an allocation of the costs of carrying out all responsibilities of the United States with respect to the Covered Property, including any costs of any response action with respect to any contamination present on the Covered Property. ######
(ii)Transfer If, after one year following the reversion of the Covered Property to the United States as provided in subsection (a)(2), the Secretary of the Army and the Secretary of the Interior have not entered into a memorandum of understanding to permit the transfer of administrative jurisdiction over the Covered Property under subparagraph (A), the Secretary of the Army may transfer administrative jurisdiction under subparagraph (A). #####
(C)Application of CERCLA Nothing in this paragraph may be construed to affect or limit the application of or obligation to comply with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). #####
(D)Report Not later than six months after the Covered Property reverts to the United States as provided in subsection (a)(2), the Secretary of the Army and the Secretary of the Interior shall each submit a report to the Committees on Natural Resources and Armed Services of the House of Representatives and the Committees on Energy and Natural Resources and Armed Services of the United States Senate on the status of entering into a memorandum of understanding under paragraph (3)(B). ###
(c)Definitions In this section: ####
(1)The term “Covered Property” means the real property conveyed by quitclaim deed dated March 10, 1960, between the United States of America and the State of Arkansas recorded in the land records of the County of Garland, State of Arkansas, at Book 480, Page 77. ####
(2)The term “Deed of Conveyance” means the quitclaim deed dated March 10, 1960, between the United States of America and the State of Arkansas recorded in the land records of the County of Garland, State of Arkansas, at Book 480, Page 77, used to convey the Covered Property.
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- Pub. L. 86-323
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Sec. 2858
REMOVAL OF CERTAIN CONDITIONS REGARDING CONVEYANCE OF FORMER ARMY–NAVY GENERAL HOSPITAL, HOT SPRINGS NATIONAL PARK, HOT SPRINGS, ARKANSAS, TO THE STATE OF ARKANSAS
Pub. L.Pub. L. 86-323
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