Page:United States Statutes at Large Volume 104 Part 3.djvu/453

This page needs to be proofread.


PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1805 established pursuant to section 544(a) of the National Energy Conservation Policy Act.". PART E—MISCELLANEOUS PROVISIONS SEC. 2861. RELOCATION OF THE FLORIDA SOLAR ENERGY CENTER (a) IN GENERAL. —The Secretary of the Air Force may pay $2,953,000 to the State of Florida for the sole purpose of assisting that State to relocate the Florida Solar Energy Center from Cape Canaveral Air Force Station, Florida, to a new site provided by the State of Florida on other than federally owned land. The payment of such sum shall include all Federal Government contributions to the relocation project, including relocation costs. Ob) CONSIDERATION.— In consideration for payment of the amount provided for in (a), the State of Florida shall— (1) release to the United States all leases, easements, and other land interests connected with the Florida Solar Energy Center on Cape Canaveral Air Force Station; (2) convey to the United States title to all buildings, fixtures, and other improvements located on such lands; (3) waive any claims against the United States arising out of the operation of the Florida Solar Energy Center from its inception until the final departure of all personnel and personal property connected with the Center from Cape Canaveral Air Force Station; (4) accept sole responsibility for the disposal, removal, or remediation of all solid or hazardous wastes on the property and release the United States from any obligation with respect to such wastes without regard to who may have been responsible for placing the solid or hazardous waste on the property; and (5) indemnify the United States against all claims, losses, damages, and costs arising out of or connected with any solid or hazardous wastes on the premises, to the extent permitted by the laws of the State of Florida. (c) AGREEMENT.—No payment may be made to the State of Florida under this section until the Secretary and the State of Florida have entered into an agreement embodying the terms of this section, including a waiver by the State of all claims for the payment of any amount for relocation costs in addition to the amount specified in subsection (a). (d) ADDITIONAL TERMS AND CONDITIONS. —The Secretary may require such additional terms and conditions with respect to the payment by the Secretary pursuant to subsection (a) as the Secretary considers appropriate to protect the interests of the United States. SEC. 2862. MODIFICATION OF HEIGHT RESTRICTION IN AVIGATION EASE- MENT (a) IN GENERAL.— The Act of July 2, 1948 (62 Stat. 1229), is amended by adding at the end the following new section: "SEC. 6. The height restriction in subsection d. of the first section of this Act shall not apply with respect to any public utility structure that does not exceed 160 feet above mean low-water level.". (b) FILING. — The Secretary of the Air Force shall execute and file in the appropriate office any instrument necessary to effect the modification of the avigation easement referred to in the amendment made in subsection (a).