Pub. L. 104-46, tit. I, sec. 109
Pub. L. 104-46, tit. I, sec. 109
Sec. 109. (a) In General.— Subject to the provisions of this section, the Secretary of the Army shall convey to the City of Prestonsburg, Kentucky, all right, title, and interest of the United States, in and to the land described in the Supplemental Agreement—Modification No. 2 to the Department of the Army lease #DACW69–1–76–0186, executed by and between the Department of the Army and the Commonwealth of Kentucky, together with any improvements thereon. (b) Conditions.—The conveyance authorized by this section is subject to the following conditions: (1) The City shall ensure that the land conveyed by this section will be used for public use recreational purposes and to further the regional economic development. (2) The City shall use all proceeds derived from the sale or lease of any mineral rights conveyed pursuant to this section for the development, operation, and maintenance of recreational facilities on the lands conveyed in accordance with this section. (3) The City shall accept the property in its condition at the time of the conveyance. The Secretary shall not be required to make any improvements in the property’s condition, and the City shall hold and save the United States free from any claims or damages arising from any activities on the con-109 STAT. 409veyed land either on the date of the conveyance or any subsequent date. (4) If the City uses the land conveyed under this section for any purpose other than those specified in this paragraph, the Secretary shall notify the City of such failure. If the City does not correct such nonconforming use during the 1-year period beginning on the date of such notification, the Secretary shall have a right of reverter to reclaim possession and title to the land conveyed under this section.