Pub. L. 106-65, div. B, tit. XXVIII, subtit. D, pt. III, sec. 2865

LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION CENTER. CALIFORNIA.

EnactedYear: 1999Length: 589 wordsOfficial source
SEC. 2865. LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION CENTER. CALIFORNIA. (a) Conveyance Authorized.—(1) Consistent with applicable laws, including section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620), the Secretary of the Air Force may convey, without consideration, to the Regents of the University of California, acting on behalf of the University of California, Davis (in this section referred to as the “Regents”), all right, title, and interest of the United States in and to the parcel of real property, including improvements thereon, consisting of the McClellan Nuclear Radiation Center, California. (2) Pending the completion of all actions necessary to prepare the property described in paragraph (1) for conveyance under such paragraph, the Secretary may lease the property to the Regents. (b) Inspection of Property.—At an appropriate time before any conveyance or lease under subsection (a), the Secretary shall permit the Regents access to the property described in such subsection for purposes of such investigation of the McClellan Nuclear Radiation Center and the atomic reactor located at the Center as the Regents consider appropriate. (c) Hold Harmless.—(1)(A) The Secretary may not make the conveyance or lease authorized by subsection (a) unless the Regents agree to indemnify and hold harmless the United States for and against the following:113 STAT. 871 (i) Any and all costs associated with the decontamination and decommissioning of the atomic reactor at the McClellan Nuclear Radiation Center under requirements that are imposed by the Nuclear Regulatory Commission or any other appropriate Federal or State regulatory agency. (ii) Any and all injury, damage, or other liability arising from the operation of the atomic reactor after its conveyance under this section. (B) The Secretary may pay the Regents an amount not to exceed $17,593,000 as consideration for the agreement under subparagraph (A). Notwithstanding section 2906(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), the Secretary may use amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(7) to make the payment under this subparagraph. (2) Notwithstanding the agreement under paragraph (1), the Secretary may, as part of the conveyance or lease authorized by subsection (a), enter into an agreement with the Regents under which the United States shall indemnify and hold harmless the University of California for and against any injury, damage, or other liability in connection with the operation of the atomic reactor at the McClellan Nuclear Radiation Center after its conveyance or lease that arises from a defect in the atomic reactor that could not have been discovered in the course of the inspection carried out under subsection (b). (d) Continuing Operation of Reactor.—Until such time as the property authorized to be conveyed by subsection (a) is conveyed by deed or lease, the Secretary shall take appropriate actions, including the allocation of personnel, funds, and other resources, to ensure the continuing operation of the atomic reactor located at the McClellan Nuclear Radiation Center in accordance with applicable requirements of the Nuclear Regulatory Commission and otherwise in accordance with law. (e) Description of Property.—The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Secretary. (f) Additional Terms and Conditions.—The Secretary may require such additional terms and conditions in connection with the conveyance or lease under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Pub. L. 106-65, div. B, tit. XXVIII, subtit. D, pt. III, sec. 2865: LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION CENTER. CALIFORNIA. | Justis AI