Pub. L. 111-84, div. B, tit. XXVIII, subtit. E, sec. 2855

LAND CONVEYANCES, NAVAL AIR STATION, BARBERS POINT, HAWAII.

EnactedYear: 2009Length: 639 wordsOfficial source
SEC. 2855. LAND CONVEYANCES, NAVAL AIR STATION, BARBERS POINT, HAWAII.(a) Conveyances Authorized.—The Secretary of the Navy may convey all right, title, and interest of the United States in and to the parcels of real property, including any improvements thereon, described in subsection (b) and located at former Naval Air Station, Barbers Point, Oahu, Hawaii—(1) to the Hawaii Community Development Authority (in this section referred to as the “Authority”), which is the local redevelopment authority for former Naval Air Station, Barbers Point; or(2) to the Department of Hawaiian Homelands (in this section referred to as the “Department”).(b) Covered Parcels.—The real property authorized to be conveyed under subsection (a) includes the following:(1) An approximately 10.569-acre parcel of land identified as “Parcel No. 13126 B” and further identified by Oahu Tax Map Key No. 9–1–031:047.(2) An approximately 145.785-acre parcel of land identified as “Parcel No. 13058 D” and further identified by Oahu Tax Map Key No. 9–1–013:039.(3) An approximately 9.303-acre parcel of land identified as “Parcel No. 13058 F” and further identified by Oahu Tax Map Key No. 9–1–013:041.(4) An approximately 57.937-acre parcel of land identified as “Parcel No. 13058 G” and further identified by Oahu Tax Map Key No. 9–1–013:042.(5) An approximately 11.501-acre parcel of land identified as “Parcel No. 13073 D” and further identified by Oahu Tax Map Key No. 9–1–013:069.123 STAT. 2688(6) An approximately 65.356-acre parcel of land identified as “Parcel No. 13073 B” and further identified by Oahu Tax Map Key No. 9–1–013:067.(7) Any other property at former Naval Air Station, Barbers Point identified for closure through the base closure process.(c) Consideration.—(1) Authority conveyances.—Any conveyance under subsection (a)(1) to the Authority shall be made without consideration if the conveyed real property is to be used for public benefit, as determined by the Secretary.(2) Department conveyances.—Any conveyance under subsection (a)(2) to the Department shall be made to mitigate further claims associated with the Hawaiian Home Lands Recovery Act (title II of Public Law 104–42; 109 Stat. 357; 48 U.S.C. 491 note prec.).(d) Payment of Costs of Conveyances.—(1) Payment required.—The Secretary shall require 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 administrative 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 subject to the same conditions and limitations, as amounts in such fund or account.(e) Savings Provision.—Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste 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) Additional 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 considers appropriate to protect the interests of the United States.
Pub. L. 111-84, div. B, tit. XXVIII, subtit. E, sec. 2855: LAND CONVEYANCES, NAVAL AIR STATION, BARBERS POINT, HAWAII. | Justis AI