Page:United States Statutes at Large Volume 123.djvu/2708

This page needs to be proofread.

123STA T . 2 68 8 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(6)Anap p roxim a tely 6 5.3 56 - a c re parcel o f lan d identified a s‘ ‘ P arcel N o. 1 3 07 3 B’ ’ andf u rt h er identified b y O ahu T ax M ap K ey No. 9– 1–013

067. (7) Any other property at former Na v al Air S tation , Barbers Point identified for closure throu g h the base closure process. (c) CONSIDERAT ION. — (1) A U T H ORIT YC ON V EYANCES.—Any conveyance under sub- section (a)(1) to the Authority shall be made w ithout consider- ation if the conveyed real property is to be used for public benefit, as determined by the Secretary. ( 2 ) D E P ART M ENT CONVEYANCES.—Any conveyance under subsection (a)(2) to the Department shall be made to mitigate further claims associated with the H awaiian Home L ands R ecovery Act (title I I of Public Law 10 4 –42

109 Stat. 357; 4 8U .S.C. 491 note prec.). (d) PAYMENT O F COSTS OF CONVEYANCES.— (1) PAYMENT RE Q UIRED.—The Secretary shall re q uire the Authority or the Department, as the case may be, to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out a conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administra- tive costs related to the conveyance. If amounts are collected 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, the Secretary shall refund the excess amount to the Authority or the Department, whichever entity paid the excess amount. (2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received as reimbursements under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and sub j ect to the same conditions and limitations, as amounts in such fund or account. (e) SAVIN G S PROVISION.—Nothing in this section shall be con- strued to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive E nvironmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid W aste Disposal Act (42 U.S.C. 6901 et seq.). (f) DESCRIPTION OF PROPERTY.—The exact acreage and legal descriptions of the parcels of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (g) ADDITIONA L TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions, including easements or covenants to protect cultural or natural resources, in connection with the conveyances under subsection (a) as the Secretary con- siders appropriate to protect the interests of the United States. SEC.2856 . LAND C O N V E Y ANCES O F CE RT A I N P ARCELS IN T H ECA M P CATLIN AND OHANA N U I AREAS , PEARL HAR B OR, HA W AII. (a) CONVEYANCES AUTHORI Z ED.—The Secretary of the Navy may convey to any person or entity leasing or licensing real property located at Camp Catlin and Ohana Nui areas, Hawaii, as of the Det e rmina ti o n .Su r v e y . Determination.