Pub. L. 102-484, div. B, tit. XXVIII, subtit. C, sec. 2838
LAND CONVEYANCE, WILLIAMS AIR FORCE BASE, ARIZONA.
SEC. 2838. LAND CONVEYANCE, WILLIAMS AIR FORCE BASE, ARIZONA. (a) In General.— (1) The United States may acquire by condemnation or otherwise— (A) all right, title, and interest of the State of Arizona (including any mineral rights) in and to the trust lands of the State of Arizona described in paragraph (2); and (B) any trust mineral estate of the State of Arizona located beneath the surface estates of the United States in the lands described in paragraph (3). (2) The trust lands referred to in paragraph (1)(A) are as follows: (A) A parcel or parcels consisting of approximately 81,121 acres located in the Goldwater Aerial Gunnery Range, Yuma County and Maricopa County, Arizona, and used by the Air Force for activities relating to aerial gunnery and bombing practice. (B) A parcel or parcels consisting of approximately 7,563 acres located in the Yuma Test Station, Yuma County, Arizona, and used by the Army for activities relating to field artillery testing. (C) A parcel or parcels consisting of approximately 1,537 acres located in the Fort Huachuca East Range, Cochise County, Arizona, and used by the Army for activities relating to field training exercises. (D) A parcel or parcels consisting of approximately 133 acres located in Davis-Monthan Air Force Base, Tucson, Arizona. (E) A parcel consisting of approximately five acres located in section 14, T4N, R3E of the State of Arizona, Phoenix, Arizona, and used as part of the Arizona National Memorial Cemetery. (3) The lands referred to in paragraph (1)(B) are as follows: (A) A parcel or parcels consisting of approximately 50,355 acres located in the Goldwater Aerial Gunnery Range, Arizona. (B) A parcel or parcels consisting of approximately 12,781 acres located in the Yuma Test Station, Arizona. (C) A parcel or parcels consisting of approximately 12,943 acres located in the Fort Huachuca East Range, Arizona. (b) Consideration.— As consideration for the acquisition by the United States of Arizona trust lands under paragraph (1)(A) of subsection (a) and any mineral rights under paragraph (1)(B) of that subsection, the Secretary of the Air Force shall convey to the State of Arizona all right, title, and interest of the United States in and to a parcel of real property located at Williams Air Force Base, Arizona, together with any improvements thereon, that is approximately equal in fair market value to the fair market value of the property and mineral rights acquired under that subsection. 106 STAT. 2619 (c) Conditions.— The Secretary may make the conveyance described in subsection (b) only if— (1) the fair market value of the real property and mineral rights acquired by the United States under subsection (a) is at least equal to the fair market value of the property conveyed by the Secretary under subsection (b); (2) the conveyance of the Secretary to the State of Arizona under subsection (b) is accepted as fall consideration for the conveyance of property and mineral rights to the United States under subsection (a) and terminates all right, title, and interest of all parties other than the United States in and to the property and mineral rights conveyed to the United States under subsection (a); and (3) the Secretary has complied with all environmental protection, remediation, and restoration laws that are applicable to the disposal of the real property at Williams Air Force Base, Arizona, that is conveyed to the State of Arizona under subsection (b). (d) Restriction on Use of Certain Property.— The Secretary of Veterans Affairs shall use as a cemetery any property referred to in paragraph (2XE) of subsection (a) that is acquired by the United States under that subsection. Such use shall be subject to the provisions of chapter 24 of title 38, United States Code. (e) Limitation on Conveyance Authority.— The conveyance of real property described in subsection (b) may not be made until adequate prior opportunity has been provided for the disposition of such property as provided in section 2905(b) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), except the requirement for disposition by public advertising. (f) Determinations of Fair Market Value.— The Secretary of the Air Force shall determine the fair market value of the of real property to be acquired pursuant to subsection, the mineral rights to be acquired pursuant to subsection (a)(1)(B), and the parcel of real property to be conveyed pursuant to subsection (b). Such determinations shall be final. (g) Descriptions of Property.— The exact acreages and legal descriptions of the parcels of real property to be acquired pursuant to subsection (a)(1)(A), the parcels of real property referred to in subsection (a)(1)(B), and the parcels of real property conveyed pursuant to subsection (b) shall be determined by surveys that are satisfactory to the Secretary of the Air Force and the State of Arizona. The cost of such surveys shall be borne by the State of Arizona. (h) Additional Terms and Conditions.— The Secretary of the Air Force may require any additional terms and conditions in connection with the conveyance and acquisitions under this section that the Secretary considers to be appropriate to protect the interests of the United States.