CONVEYANCE OF FORT DOUGLAS, UTAH

SEC. 2836. CONVEYANCE OF FORT DOUGLAS, UTAH (a) Conveyance.— (1) Except as provided in paragraphs (2), (3), and (4), and subject to subsections (b) through (g), the Secretary of the Army shall convey to the University of Utah all right, title, and interest of the United States in and to the land comprising Fort Douglas, Utah, together with improvements thereon. (2) The Secretary shall except from the land conveyed under paragraph (1) such land, not in excess of 64 acres, and improvements thereon as may be necessary for the Army to continue conducting Army Reserve activities at the Fort Douglas location. (3) The Secretary shall also except from the land conveyed under paragraph (1) the land at Fort Douglas constituting the Fort Douglas Post Cemetery, consisting of approximately four acres. (4) In connection with the land retained for Army Reserve activities and the land constituting the Army Post Cemetery, the Secretary shall reserve to the United States in the land conveyed such rights-of-way and other easements as may be necessary for ingress to and egress from the land retained. (b) Consideration.— (1) The conveyance under subsection (a) shall be made only on the condition that the State of Utah and the University of Utah waive any entitlements that have not been exercised on behalf of the University of Utah before the date of the enactment of this section and that may be due to the State of Utah or the University of Utah on behalf of the University of Utah under— (A) section 3 of the Act entitled “An Act to establish the office of Surveyor-General of Utah, and to grant Land for School and University Purposes”, approved February 21, 1855 (10 Stat. 611); and (B) sections 8 and 12 of the Act entitled “An Act to enable the people of Utah to form a constitution and State government, and to be admitted into the Union on equal footing with the original States”, approved July 16, 1894 (28 Stat. 110). (2) The waiver referred to in paragraph (1) shall be executed in such manner as the Secretary of the Army, after consultation with the Attorney General of the United States, determines necessary to effectively waive any unexercised entitlements under those laws. (c) Condition.— (1) The conveyance provided for in subsection (a) may be made only on condition that— (A) the State of Utah agree to maintain and operate, as provided in paragraph (2), the Army museum located on the and conveyed to the University of Utah pursuant to this section; and (B) the University of Utah agree— (i) to maintain and operate, as provided in paragraph (2), the Army chapel and other historical buildings located on the land referred to in subparagraph (A); and (ii) to preserve and maintain, as provided in paragraph (2), the parade grounds that are a part of the land referred to in subparagraph (A). (2) The Army museum, Army chapel, and other historical buildings referred to in paragraph (1) shall be maintained and operated, and the parade grounds referred to in that paragraph shall be preserved and maintained, in a manner consistent with Federal104 STAT. 1800 laws and regulations pertaining to the preservation of historical sites, buildings, and monuments, as specified by the Secretary of the Interior. (d) Reversionary Right.— If the University of Utah uses the land conveyed pursuant to subsection (a) for a purpose other than educational or research purposes, all right, title, and interest in and to such land shall automatically revert to the United States and the United States shall have the right of immediate entry thereon. (e) Deadline for Conveyance.— The conveyance under subsection (a) shall be made not later than one year after the date of the enactment of this section. (f) Joint Use of Utility Systems.— The Secretary may enter into an agreement with the University of Utah under which the Army and the University would— (1) jointly use the existing utility systems located at Fort Douglas at the time of the conveyance provided for under subsection (a); (2) equitably share the cost of maintaining, operating, and replacing (as necessary) the systems; and (3) pay on a pro rata basis for the utilities consumed by each of the parties. (g) Additional Terms and Conditions.— The Secretary may require such additional terms and conditions in connection with the conveyance provided for under subsection (a) as the Secretary considers necessary to protect the interests of the United States. (h) Additional Excess Land.— In the event that any lands constituting Fort Douglas, Utah, that are not conveyed pursuant to subsection (a) are declared excess to the needs of the Army after the date of the conveyance provided for in that subsection, the Secretary shall convey such lands to the University of Utah. Any lands conveyed pursuant to this subsection shall be conveyed subject to a reversionary clause in favor of the United States as provided in subsection (d).