Pub. L. 108-375, div. B, tit. XXVIII, subtit. D, pt. II, sec. 2861

LAND EXCHANGE, FORMER RICHMOND NAVAL AIR STATION, FLORIDA.

EnactedYear: 2004Length: 806 wordsOfficial source
SEC. 2861. LAND EXCHANGE, FORMER RICHMOND NAVAL AIR STATION, FLORIDA.(a) Conveyance Authorized.—The Secretary of the Army may convey to the University of Miami, Miami, Florida (in this section referred to as the “University”), all right, title, and interest of 118 STAT. 2145 the United States in and to certain parcels of real property, together with any improvements thereon, consisting of approximately 14 acres and located in the vicinity of the former Richmond Naval Air Station, Florida, in order to facilitate force protection and security needs of Department of Defense facilities located on the former Richmond Naval Air Station.(b) Release of Easements.—As part of the conveyance of property authorized by subsection (a), the Secretary may also—(1) release and extinguish any interest of the United States in a clearance easement on the western portion of the property of the University; and(2) release and extinguish any interest of the United States in a certain easement for ingress and egress extending southwest and south from Southwest 127th Street along the western property line of a certain portion of United States property referred to as “IE2” in the Agreement in Principle referred to in subsection (e)(2).(c) Consideration.—As consideration for the conveyance of property authorized by subsection (a) and the release and extinguishment of interests authorized by subsection (b), the University shall—(1) convey to the United States all right, title, and interest of the University in and to certain parcels of real property, together with any improvements thereon, consisting of approximately 12 acres;(2) grant to the United States such easement over a parcel of real property located along the western boundary of the property of the University as the Secretary considers appropriate to permit the United States to exercise dominion and control over the portion of the western boundary of the property of the University that has been, or may be, designated as Natural Forest Community habitat;(3) construct and install a berm and fence security system along the entirety of the new property line between the United States and the University;(4) relocate the existing security gate and guard building, or establish a new security gate and guard building similar in design and size to the existing security gate and guard building, at a point where the property of the United States and the University intersect on the existing ingress-egress road; and(5) construct a new two-lane access road from Southwest 152nd Street at the western boundary of the property of the University to a point that connects with the existing road on the property of the United States (commonly referred to as the “FAA Road”).(d) Construction With Previous Conveyance.—Any restrictions on the use as an animal research facility of a certain parcel of real property, consisting of approximately 30 acres, conveyed by the Secretary of Health and Human Services to the University pursuant to section 647 of the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104–208; 110 Stat. 3009–366) shall terminate upon the execution of the agreement of exchange required by subsection (e).(e) Terms of Exchange.—(1) The Secretary and the University shall carry out the conveyances and releases of interest authorized by this section pursuant to an agreement of exchange (to be known 118 STAT. 2146 as the “Exchange Agreement”) between the Secretary and the University.(2) The agreement of exchange shall conform to, and develop with more particularity, the Agreement in Principle executed by the United States and the University on July 13 through 15, 2004.(f) Payment of Costs.—(1) The Secretary may require the University to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyances under this section and the release and grants of interests under this section, including survey costs, costs related to environmental documentation, and other administrative costs related to such activities. If amounts paid to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out such activities, the Secretary shall refund the excess amount to the University.(2) Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.(g) Description of Property.—The exact acreage and legal description of the property to be conveyed under this section, and of the interests to be released or granted under this section, shall be determined by surveys satisfactory to the Secretary.(h) Additional Terms and Conditions.—The Secretary may require such additional terms and conditions in connection with the conveyances under this section, and the release and grants of interests under this section, as the Secretary considers appropriate to protect the interests of the United States.
Pub. L. 108-375, div. B, tit. XXVIII, subtit. D, pt. II, sec. 2861: LAND EXCHANGE, FORMER RICHMOND NAVAL AIR STATION, FLORIDA. | Justis AI