Sec. 2859. LAND CONVEYANCE AND AUTHORIZATION FOR INTERIM LEASE, DEFENSE FUEL SUPPORT POINT SAN PEDRO, LOS ANGELES, CALIFORNIA

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## SEC. 2859 LAND CONVEYANCE AND AUTHORIZATION FOR INTERIM LEASE, DEFENSE FUEL SUPPORT POINT SAN PEDRO, LOS ANGELES, CALIFORNIA ###

(a)Conveyance Authorized The Secretary of the Navy (in this section referred to as the “Secretary”), may convey to the city of Los Angeles or the city of Lomita, all right, title, and interest of the United States in and to parcels of real property, including any improvements therein and thereon, known as the ballfields and the firing range at Naval Weapons Station Seal Beach, Defense Fuel Support Point, San Pedro, California, as further described in subsection (b), for the purposes of permitting the city of Los Angeles or the city of Lomita (as appropriate) to use such conveyed parcel of real property for park and recreational activities or law enforcement affiliated purposes. A conveyance under this subsection is subject to valid existing rights. ###

(b)Description of Property The parcels of real property that may be conveyed under subsection

(a)consists of the following: ####

(1)The City of Lomita Ballfield Parcel consisting of approximately 5.7 acres. ####

(2)The City of Los Angeles Ballfield Parcels consisting of approximately 15.3 acres. ####

(3)The firing range located at 2981 North Gaffey Street, San Pedro, California, consisting of approximately 3.2 acres. ###

(c)Interim Lease Until such time as any parcel of real property described in subsection

(b)is conveyed to the city of Los Angeles or the city of Lomita (as appropriate), the Secretary of the Navy may lease such parcel or a portion of such parcel to either the city of Los Angeles or the city of Lomita (as appropriate) at no cost for a term up to three years. If fee conveyance described in subsection

(a)is not completed within the period of the lease term with respect to such parcel, the Secretary shall have no further obligation to make any part of such parcel available for use by the city of Los Angeles or the city of Lomita (as appropriate). ###

(d)Consideration ####

(1)Consideration required As consideration for a conveyance under subsection (a), the city of Los Angeles or the city of Lomita (as appropriate) shall pay to the Secretary of the Navy an amount equal to the fair market value of the property conveyed, as determined by the Secretary, which may consist of 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 of Los Angeles or the city of Lomita (as appropriate) under this subsection may include— #####

(A)the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any property, facilities, or infrastructure with proximity to Naval Weapons Station Seal Beach, that the Secretary considers acceptable; or #####

(B)the delivery of services relating to the needs of Naval Weapons Station Seal Beach that the Secretary considers acceptable. ####

(3)Treatment of amounts received for conveyance Cash payments received under paragraph

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

(a)shall be credited to the fund or account 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. ####

(4)Payment of costs of conveyance The Secretary shall require the city of Los Angeles or the city of Lomita (as appropriate) 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 a conveyance under subsection (a), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance and lease execution. ####

(5)Refund of excess amounts If amounts are collected from the city of Los Angeles or the city of Lomita under paragraph

(4)in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out a conveyance under subsection (a), the Secretary shall refund the excess amount to the city of Los Angeles or the city of Lomita (as appropriate). ###

(e)Valuation The values of the property interests to be conveyed by the Secretary described in subsection

(a)shall be determined by an independent appraiser selected by the Secretary and in accordance with the Uniform Standards of Professional Appraisal Practice. ###

(f)Condition of Conveyance A conveyance under subsection

(a)shall be subject to all existing easements, restrictions, and covenants of record and conditioned upon the following: ####

(1)The parcels of real property described in paragraphs

(1)and

(2)of subsection

(b)shall be used solely for park and recreational activities, which may include ancillary uses such as vending and restrooms. ####

(2)The parcel of real property described in subsection (b)(3) shall be used solely for law enforcement affiliated purposes. ####

(3)The city of Los Angeles or the city of Lomita (as appropriate) may not use Federal funds to cover any portion of the amounts required by subsection

(d)to be paid. ###

(g)Exclusion of Requirements for Prior Screening Section 2696(b) of title 10, United States Code, and the requirements under title V of the McKinney-Vento Homeless Assistance Act (Public Law 101–645; 41 U.S.C. 11411) relating to prior screenings shall not apply to a conveyance under subsection

(a)or the grant of interim lease authorized under subsection (c). ###

(h)Reversionary Interest If the Secretary determines at any time that a parcel of real property conveyed under subsection

(a)is not being used in accordance with the purpose of the conveyance specified in this section, all right, title, and interest in and to the land, including the improvements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing. ###

(i)Conveyance Agreement A conveyance of land under subsection

(a)shall be accomplished using a quitclaim deed or other legal instrument and upon terms and conditions mutually satisfactory to the Secretary and the city of Los Angeles or the city of Lomita (as appropriate), including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.

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Pub. L. 101-645
41 USC 11411

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Sec. 2859

LAND CONVEYANCE AND AUTHORIZATION FOR INTERIM LEASE, DEFENSE FUEL SUPPORT POINT SAN PEDRO, LOS ANGELES, CALIFORNIA

Pub. L.Pub. L. 101-645

Cite41 USC 11411

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