Page:United States Statutes at Large Volume 106 Part 3.djvu/131

 PUBLIC LAW 102-396—OCT. 6, 1992 106 STAT. 1925 waste contamination affecting the Sale Parcel at Hamilton Air Force Base, in Novate, in the State of California. (b) In the event that the purchaser of the Sale Parcel exercises its option to withdraw from the sale as provided in the Agreement and Modification, dated September 25, 1990, between the Department of Defense, the General Services Administration, and the Eurchaser, the purchaser's deposit of $4,500,000 shall be returned y the General Services Administration and funds eligible for reimbursement under the Agreement and Modification shall come from the funds made available to the Department of Defense by this Act. (c) The purchase rights under the purchase contract for the Sale Parcel may be assigned to any financially qualified entity, as determined in accordance with existing GSA procedures. The purchaser's withdrawal and reimbursement rights under the Agreement and Modification shall be assigned to any assignee of the purchase rights under the purchase contract for the Sale Peircel (including the purchaser's lenders). The purchaser shall be permitted to purchase the Sale Parcel in stages, and the purchaser's withdrawal and reimbursement rights shall survive pro rata with respect to any portion of the Sale Parcel not purchased. (d) Notwithstanding any other provision of law, the Air Force shall be reimbursed for expenditures in excess of $15,000,000 in connection with the total clean-up of uncontrolled hazardous waste contamination on the aforementioned Sale Parcelfiromthe proceeds collected upon the closing of the Sale Parcel. (e) Notwithstanding any other provision of law, the Department Real property. of Defense shall convey the Building 442 parcel, the Building 467 ^^^^ control. parcel, the former P.O.L. storage parcel and the two parcels carved out of the easternmost portion of the Sale Parcel (all of which parcels are contiguous to and surroimded by the Sale Parcel), as well as easements for the location of a temporary fiood control levee around portions of the Sale Parcel and such other easements as the Secretary of the Army shall deem appropriate, to the purchaser of the Sale Parcel, without restrictions. The conveyances contemplated by this section shall be for cash and/or interests in real property at least equal in value (as determined by the Secretary of the Army) to the land and interests in real property conveyed by the United States. iV The exact acreage and legal description of the property to be conveyed or exchanged under this section shall be determined by surveys that are satisfactory to the Secretary of the Army, liie costs of such surveys shall be borne by the purchaser. (g) Notwithstanding any other provision of law, the Agreement and Modification may be amended to authorize the purchaser or its affiliates, in lieu of the (jrovernment, to manage and let contracts or subcontracts for the cleanup of landfill No. 26 in accordance with the Record of Decision, as modified, as a means of demonstrating the economic efficiencies that would accrue as a result of non- Federal management of environmental restoration proiects. In providing for such cleanup management, the Department of Defense may impose such terms and conditions, and grant such indemnifications, as are appropriate to provide for an effective and efficient cleanup consistent with the public interest: Provided, That (1) the purchaser agrees (i) to manage the cleanup in accordance with plans and specifications approved by the Department of Defense, and (ii) to continue to peiform its management obligations in the

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