Pub. L. 92-145, tit. VII, sec. 708

Sec. 708. (a) The Secretary of the Army, or his designee, is authorized to convey to the State of Texas, subject to such terms and conditions as the Secretary of the Army, or his designee, may deem to be in the public interest, all right, title and interest of the United States, except as retained in this section, in and to a certain parcel of land containing 20 acres, more or less, out of and a part of section 2, block 81, township 2, Texas and Pacific Railroad Company Survey, El Paso County, Texas, within the Castner Range area of the Fort Bliss Military Reservation, being more particularly described as follows: Starting at a United States Government monument, marking the corners common to sections 2, 3, 8, and 9, block 81, township 2, El Paso County, Texas, thence proceeding north 88 degrees 48 minutes 17 seconds east along the south line of said section 2, a distance of 94.09 feet to a point on the east line of the proposed north-south freeway; thence north 01 degree 18 minutes 22 seconds west, along the east line, of said freeway, and the west line of a 95.0-foot wide easement to the city of El Paso, Texas, a distance of 95.0 feet, to the point of beginning of subject parcel; thence north 01 degree 18 minutes 22 seconds west along the east right-of-way line of said north-south freeway, and the west line of subject parcel, a distance of 1244.58 feet to a point; thence north 88 degrees 48 minutes 17 seconds east into said section 2, a distance of 700.0 feet to a point; thence south 01 degree 18 minutes 22 seconds east, along the east line of subject parcel, a distance of 1244.58 feet to a point on the north line of a 95.0-foot-wide easement to the city of El Paso, Texas; thence south 88 degrees 48 minutes 17 seconds west along the north line of said easement to the city of El Paso, Texas, and the south line of subject parcel, a distance of 700.0 feet to the point of beginning. (b) In consideration for the conveyance by the United States of the property described in subsection (a), the State of Texas shall convey to the United States a parcel of land containing 18.3106 acres, more or less, out of and part of section 21, block 81, township 2, El Paso County, Texas, said parcel being a portion of a 24.25-acre parcel of land heretofore conveyed by the United States to the State of Texas for National Guard and military use by deed dated November 4, 1954, pursuant to the Act of August 30, 1954 ( 68 Stat. 974), said 18.3106- acre parcel being more particularly described as follows: Beginning at a point on the south line of Hayes Avenue and the west right-of-way line of the. proposed north-south freeway; thence south 30 degrees 26 minutes 35 seconds west along the west line of said freeway, and the east line of subject area, a distance of 570.42 feet to a point; thence south 34 degrees 26 minutes 10 seconds west, along the west line of said freeway and the east line of subject area, a distance of 260.00 feet to a point; thence south 27 degrees 15 minutes 37 seconds west, along the west line of said freeway and the east line of subject area, a dis-85 Stat. 413tance of 218.63 feet to a point on the north line of Truman Avenue; thence south 86 degrees 32 minutes 40 seconds east, along the north line of Truman Avenue and the south line of subject area, a distance of 635.32 feet to a point on the east line of Pollard Street; thence north 03 degrees 27 minutes 20 seconds east, along the east line of Pollard Street, and the west line of subject area, a distance of 902.37 feet to a point on the south line of Hayes Avenue; thence north 88 degrees 01 minute 34 seconds west, along the south line of Hayes Avenue, and the north line of subject area, a distance of 1116.62 feet to the point of beginning. (c) The legal descriptions in subsections (a) and (b) maybe modified, as agreed upon by the Secretary, or his designee, and the State of Texas, consistent with any necessary changes which may be disclosed as the result of an accurate survey. (d) There shall be reserved to the United States in the conveyance of lands described in subsection (a) hereof the following— (a) all mineral rights including gas and oil; and (b) rights of ingress and egress over roads in the described lands serving buildings or other works operated by the United States or its successors or assigns in connection with Fort Bliss, rights-of-way for water lines, sewer lines, telephone and telegraph lines, power lines, and such other utilities which now exist, or which may become necessary to the operation of the said Fort Bliss. (e) The conveyance of the property authorized by subsection (a) of this section shall be upon the following conditions: (1) That such property shall be used primarily for training of the National Guard and for other military purposes, and that if the State of Texas shall cease to use the property so conveyed for the purposes intended, then title thereto shall immediately revert to the United States, and in addition, all improvements made by the State of Texas during its occupancy shall vest in the United States without payment of compensation therefor. (2) That whenever the Congress of the United States declares a state of war or other national emergency, or the President declares a state of emergency, and upon the determination by the Secretary of Defense that the property conveyed under this Act is useful or necessary for military, air, or naval purposes, or in the interest of national defense, the United States shall have the right, without obligation to make payment of any kind, to reenter upon the property and use the same or any part thereof, including any and all improvements made thereon by the State of Texas, for the duration of such state of war or of such emergency. Upon the termination of such state of war or of such emergency plus six months such property shall revert to the State of Texas, together with all appurtenances and utilities belonging or appertaining thereto. (3) That the State, in accepting the conveyance from the United States authorized in subsection (a) hereof, shall covenant and agree to all responsibility for clearance of ammunition from the area and to hold the United States harmless from liability in connection with any incidents arising therefrom. (f) In executing the deed of conveyance authorized by this section, the Secretary of the Army shall include specific provisions covering the reservations and conditions contained in subsections (a) and (b) of this section. (g) All expenses for surveys and the preparation and execution of legal documents necessary or appropriate to carry out the foregoing provisions of this section shall be borne by the State of Texas. (h) Notwithstanding the provisions of section 3(b) of Public Law 91–202, approved March 4, 1970 (84 Stat. 20), structures and improve-85 Stat. 414ments which are to be replaced in kind at the expense of the city of El Paso, Texas, under such section, shall be constructed on land conveyed to the State of Texas under subsection (a) of this section instead of on the site designated in Public Law 91–202, but all other provisions of that law shall remain in full force and effect.