Page:United States Statutes at Large Volume 105 Part 2.djvu/601

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1553 (e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the Air Force may require any additional terms and conditions in connection with the conveyances under this section that the Secretary determines appropriate to protect the interests of the United States. SEC. 2834. LAND CONVEYANCE, NEW BEDFORD, MASSACHUSETTS. (a) CONVEYANCE.—Subject to subsection (h), the Secretary of the Army may convey to the City of New Bedford, Massachusetts (in this section referred to as the "City"), all right, title, and interest of the United States in and to the following parcels of real property: (1) A parcel consisting of approximately 12 acres, with improvements thereon, located at Clark's Point, New Bedford, Massachusetts, and comprising the New Bedford Army Reserve Center. (2) A parcel consisting of approximately 2,500 square feet, with improvements thereon, located at Clark's Point, New Bedford, Massachusetts. (3) A utility easement and right of way appurtenant to the parcels referred to in paragraphs (1) and (2) running from Rodney French Boulevard (south). (b) CONSIDERATION.—(1) In consideration for the conveyance authorized in subsection (a), the City shall— (A) accept the parcels to be conveyed under this section in their existing condition; (B) conduct any response actions with respect to the parcels that are necessary (as determined under the laws of the State of Massachusetts) to prevent the release or threat of release of any oil or hazardous material identified in and described as being located on the parcels in the "Phase One Limited Site Investigation United States Army Reserve Center Fort Rodman Parcel 5 New Bedford, Massachusetts", dated May 1991, and prepared by Tibbetts Engineering Corporation; (C) agree to indemnify the United States for all costs of necessary response actions with respect to the parcels arising from the failure of the City to conduct any response action referred to in subparagraph (B); and (D) pay to the United States the amount, if any, by which the fair market value of the parcels on the date of the conveyance of the parcels (as determined in an appraisal satisfactory to the Secretary of the Army) exceeds the cost of the response actions referred to in subparagraph (B). (2) The cost of the appraisal referred to in paragraph (1)(D) shall be borne by the City. (3) In this subsection, the terms "response action", "release", "threat of release", "oil", and "heizardous material" shall have the meanings given such terms in section 2 of the Massachusetts Oil and Hazardous Material Release Prevention and Response Act (Mass. Gen. Laws Ann. ch. 21E, § 2 (West 1990)). (c) DESCRIPTION OF PROPERTY.—The exact acreeige and legal description of the parcels of real property conveyed under this section shall be determined by a survey satisfactory to the Secretary of the Army. The cost of the survey shall be borne by the City. (d) DISPOSITION OF PROCEEDS. —The Secretary of the Army shall deposit any amount received by the Secretary under subsection (b)(l)(D) into the special account referred to in section 204(h)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(h)(2)).

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