LAND CONVEYANCE, FORT A.P. HILL MILITARY RESERVATION, VIRGINIA

SEC. 603. LAND CONVEYANCE, FORT A.P. HILL MILITARY RESERVATION, VIRGINIA (a) Conveyance Authorized.— Not later than one year after the date of the enactment of this Act, subject to subsections (b) through (g), the Secretary of the Army shall convey, without consideration, to Caroline County, Virginia, or the Commonwealth of Virginia (hereinafter in this section referred to as the “Commonwealth”), as appropriate, all right, title, and interest of the United States in and to a parcel of land located at Fort A.P. Hill, Virginia, and consisting of approximately 150 acres. (b) Identification of Property.— (1) Not later than 180 days after the date of the enactment of this Act, the Secretary shall, after consultation with appropriate representatives of Caroline County, Virginia, and the Commonwealth, identify the exact size and location of the parcel of land to be conveyed pursuant to this section. The Secretary shall, to the maximum extent practicable, identify a parcel of land that— (A) has soil and topographical conditions suitable for the construction of a low- to mid-rise institutional correctional facility, including recreation, parking, and other necessary support facilities; and (B) is situated within reasonably close proximity to an existing sewer system. (2) The cost of any new or expanded sewer system or utilities shall not be the responsibility of the Department of Defense or Caroline County. (c) Conveyance of Property.— (1) Except as provided in paragraph (2), the parcel of land conveyed pursuant to this section shall be conveyed to the Commonwealth and shall be subject to the conditions and limitations on its use as provided in Chapter 3, Article 3.1 of Title 53.1, Code of Virginia. (2) The Secretary shall convey the parcel of land to Caroline County, Virginia, instead of the Commonwealth, if, within one year after the date of the enactment of this Act, the Secretary receives the written agreement of the participating political subdivisions of the Commonwealth named in paragraph (3) to take, under the laws of the Commonwealth, the following actions: 105 STAT. 108 (A) Establish a governmental entity to construct and operate on such parcel of land a regional correctional facility. (B) Ensure that such governmental entity constructs and operates such facility. (3) (A) In order for the agreement referred to in paragraph (2) to be effective for the purposes of such paragraph, it shall be agreed to by Caroline County, Virginia, and at least three of the following political subdivisions of the Commonwealth: (i) Arlington County. (ii) Fairfax County. (iii) Prince William County. (iv) Stafford County. (v) The City of Alexandria. (B) Subparagraph (A) shall not be construed to prohibit any political subdivision not named in such subparagraph to participate in the written agreement referred to in paragraph (2). (d) Use of Property; Reversion.— (1) (A) A conveyance of land to Caroline County, Virginia, pursuant to this section shall be subject to the conditions that— (i) construction of a regional correctional facility pursuant to the agreement referred to in subsection (c)(2) commence not later than 24 months after the date of the enactment of this Act; (ii) such construction be completed and the operation of such facility commence not later than five years after such date; and (iii) such parcel of land be used only for the construction and operation of such facility. (B) If the parcel of land conveyed pursuant to this section is conveyed to Caroline County, Virginia, and the entity established pursuant to the agreement referred to in subsection (c)(2) fails to construct and operate a regional correctional facility in accordance with the conditions set out in subparagraph (A), all right, title, and interest in and to such parcel of land (together with the improvements thereon) shall revert to the United States. (C) In the event of a reversion under subparagraph (B), the Secretary shall promptly convey all right, title, and interest of the United States in the parcel of land referred to in such subparagraph to the Commonwealth, subject to the applicable provisions of paragraph (2) and subsections (e) through (g). (2) (A) A conveyance of a parcel of land to the Commonwealth pursuant to this section, shall be subject to the conditions that— (i) an entity be established under the laws of the Commonwealth for the construction and operation of a regional correctional facility on such parcel of land; (ii) construction of such facility on such parcel of land be completed and the operation of such facility commence not later than seven years after the date of the enactment of this Act; (iii) such parcel of land be used only for the purpose of construction and operation of such facility; (iv) Arlington County, Fairfax County, the City of Alexandria, Prince William County, Stafford County, and Caroline County, Virginia, be offered the opportunity for participation in such entity; and (v) no fee be charged by the Commonwealth for the conveyance to, lease by, or use of such parcel of land by such entity. (B) If the parcel of land to be conveyed pursuant to this section is conveyed to the Commonwealth and the conditions referred to in subparagraph (A) are not complied with (as determined by the 105 STAT. 109Secretary), all right, title, and interest in and to such land (together with the improvements thereon) shall revert to the United States and the United States shall have the right of immediate entry thereon. (e) Prohibition on Housing Certain Prisoners.— Except when agreed to in writing by an appropriate representative of Caroline County, Virginia, the regional correctional facility constructed and operated in accordance with this section— (1) shall have a maximum capacity of not more than 2,400 inmates; and (2) may not be used to house Federal prisoners or prisoners convicted by, sentenced by, or awaiting trial in the courts of the District of Columbia. (f) Time Limitation.— The period of any litigation relating to the conveyance or improvement of land under this section shall not be included in a determination of the period for conveyance or improvement, or for the reverter of or right of re-entry onto such land. (g) Additional Terms and Conditions.— The Secretary may require such additional terms and conditions in connection with the conveyance pursuant to this section as the Secretary, in his sole discretion, shall determine appropriate to protect the interests of the United States. (h) Repeal.— Section 2839 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–510; 104 Stat. 1801) is repealed.