Page:United States Statutes at Large Volume 115 Part 2.djvu/334

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115 STAT. 1318 PUBLIC LAW 107-107—DEC. 28, 2001 (c) TIME FOR CONVEYANCE.— Unless the Secretary makes the determination referred to in subsection (b)(2), the conveyance to the City authorized by subsection (a) shall be made only after the Secretary determines that the replacement fuel transfer and storage facilities have been constructed and are ready for use. (d) CONSTRUCTION SCHEDULE.— The City shall construct the replacement fuel transfer and storage facilities pursuant to such schedule and in such a manner so as to not interrupt or otherwise adversely affect the capability of the Navy to accomplish its mission. (e) DESCRIPTION OF PROPERTY.— The exact acreage and legal description of the real property to be conveyed under subsections (a) and (b) shall be determined by surveys satisfactory to the Secretary. The City shall be responsible for conducting the surveys. (f) ADDITIONAL TERMS AND CONDITIONS. — The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States. SEC. 2843. CONVEYANCE OF PIER, NAVAL BASE, SAN DIEGO, CALI- FORNIA. (a) CONVEYANCE AUTHORIZED. —(1) The Secretary of the Navy may convey, without consideration, to the San Diego Aircraft Carrier Museum or its designee (in this section referred to as the "Museum") all right, title, and interest of the United States in and to the property known as Pier llA at Naval Base, San Diego, California, together with associated structures and interests in the land underlying the pier, if any, for the purpose of permitting the Museum to use the property to berth a vessel and operate a museum for the general public. (2) The Secretary may not make the conveyance until such time as the Museum certifies that the Museum has acquired an interest in property from the State of California or a political subdivision of the State to facilitate the use of the conveyed pier to berth a vessel and operate a museum for the general public. (b) ASSUMPTION OF LIABILITY.— The Museum shall expressly accept any and all liability pertaining to the physical condition of the property conveyed under subsection (a) and shall hold the United States harmless from any and all liability arising from the property's physical condition. (c) REIMBURSEMENT FOR COSTS OF CONVEYANCE.— (1) The Museum shall reimburse the Secretary for the excess costs incurred by the Secretary for any environmental assessment, study, or analysis, or for any other excess costs incurred by the Secretary, in connection with the conveyance authorized by this section, if the excess costs were incurred as a result of a request by the Museum. In this paragraph, the term "excess costs" means costs in excess of those costs considered reasonable and necessary by the Secretary to comply with existing law to make the conveyance authorized by subsection (a). (2) Section 2695(c) of title 10, United States Code, shall apply to any amount received by the Secretary under this subsection. (d) DESCRIPTION OF PROPERTY. — The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Museum. (e) ADDITIONAL TERMS AND CONDITIONS.— The Secretary may require such additional terms and conditions in connection with