Page:United States Statutes at Large Volume 123.djvu/2704

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123STA T . 2 684PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(3)contai n re co m men d ation sf or l e g islati v e or administra - tive actions t h at w ill assist — ( A ) renewa b le energ y initiatives in meeting the goals or targets

and ( B ) the D e p artment of Defense in achieving its renew- able energy goal by 20 2 5, as specified in section 2 91 1(e) of title 10, U nited S tates C ode .Subti t leE—LandCo n v e y an c e sSEC.2851 . LAND C O N V E Y ANCE ,H A I NES T AN KF A RM , HAINES, ALASKA. (a) C ONVEYA N C EA UTH O RIZ E D .— T he Secretary of the Army may convey to the Chil k oot I ndian Association (in this section referred to as the ‘ ‘Association ’ ’) all right, title, and interest of the United States in and to a parcel of real property, incl u ding improvements thereon, consisting of appro x imately 201 acres located at the former H aines F uel Terminal (also known as the Haines Tank Farm) in Haines, Alaska, for the purpose of permitting the Association to develop a Deep Sea P ort and for other industrial and commercial development purposes. To the extent practicable, the Secretary is encouraged to complete the conveyance by September 30, 2013, but not prior to the date of completion of all obligations referenced in subsection (e). (b) CON S IDERATION.—As consideration for the conveyance under subsection (a), the Association shall pay to the Secretary an amount e q ual to the fair market value of the property, as determined by the Secretary. The determination of the Secretary shall be final. (c) R EVERSIONARY INTEREST.—If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance, all right, title, and interest in and to such real property, including any improvements and appurtenant easements 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. (d) PAY M ENT O F COSTS OF CONVEYANCES.— (1) PAYMENT RE Q UIRED.—The Secretary shall require the Association to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Sec- retary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental docu- mentation, and other administrative costs related to the convey- ance. If amounts are collected from the Association 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 Association. (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 Records.Paym e nt s. D eterm i nation.