Page:United States Statutes at Large Volume 111 Part 2.djvu/410

 Ill STAT. 1490 PUBLIC LAW 105-78—NOV. 13, 1997 the instrument specifies that, if the State engages in a material breach of the conditions, title to the real property and improvements involved reverts to the United States at the election of the Secretary. (c)(1) With respect to Federal equipment and other items of Federal personal property that are in use at the Center as of the date of the enactment of this Act, the Secretary may, subject to paragraph (2), transfer to the State such items as the Secretary determines to be appropriate, if the Secretary makes the transfer under subsection (b). (2) A transfer of equipment or other items may be made under paragraph (1) only if the State agrees that, during the 30-year period beginning on the date on which the transfer under subsection (b) is made, the items will be used exclusively for purposes that promote the hesdth or education of the public, except that the Secretary may authorize such exceptions as the Secretary determines to be appropriate. (d) For purposes of subsection (b)(2), the conditions specified in this subsection with respect to a transfer of title are the following: (1) During the 30-year period beginning on the date on which the transfer is made, the real property and improvements referred to in subsection (b)(1) (referred to in this subsection as the "transferred property^') will be used exclusively for purposes that promote the health or education of the public, with such incidental exceptions as the Secretary may approve. (2) For purposes of monitoring the extent to which the tremsferred property is being used in accordance with paragraph (1), the Secretary will have access to such documents as the Secretary determines to be necessary, and the Secretary may require the advance approval of the Secretary for such contracts, conveyances of real or personal property, or other transactions as the Secretary determines to be necessary. (3) The relocation of patients from the transferred property will be completed not later than 3 years after the date on which the transfer is made, except to the extent the Secretary determines that relocating particular patients is not feasible. During the period of relocation, the Secretary will have unrestricted access to the transferred property, and after such period will have such access as may be necessary with respect to the patients who pursuant to the preceding sentence are not relocated. (4)(A) With respect to projects to make repairs and energy- related improvements at the transferred property, the Secretary will provide for the completion of all such projects for which contracts have been awarded and appropriations have been made as of the date on which the transfer is made. (B) If upon completion of the projects referred to in subparagraph (A) there are any unobligated balances of amounts appropriated for the projects, and the sum of such balances is in excess of $100,000— (i) the Secretary will transfer the amount of such excess to the State; and (ii) the State will expend such amount for the purposes referred to in paragraph (1), which may include the renovation of facilities at the transferred property. (5)(A) The State will maintain the cemetery located on the transferred property, will permit individuals who were long-

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