Page:United States Statutes at Large Volume 118.djvu/904

 118 STAT. 874 PUBLIC LAW 108–279—JULY 22, 2004 (B) reimburse the qualifying claimant for reasonable out of pocket survey costs necessary to establish a claim under this section. (3) VALUATION.—Compensation paid to a qualifying claim ant pursuant to subsection (d)(3) for land retained in Federal ownership pursuant to subsection (d)(2) shall be valued on the basis of the contributory value of the tract of land to the larger adjoining private parcel and not on the basis of the land being a separate tract. The appropriate Secretary shall not consider the value of any Federal improvements to the land. The appropriate Secretary shall be responsible for compensation provided as a result of subsequent Federal land surveys conducted or commissioned by the appropriate Sec retary’s Department. (f) PREEXISTING CONDITIONS; RESERVATIONS; EXISTING RIGHTS AND USES.— (1) PREEXISTING CONDITIONS.—The appropriate Secretary shall not compensate a qualifying claimant or any other person for any preexisting condition or reduction in value of any land subject to a boundary conflict because of any existing or out standing permits, use authorizations, reservations, timber removal, or other land use or condition. (2) EXISTING RESERVATIONS AND RIGHTS AND USES.—Any conveyance pursuant to subsection (d)(1) shall be subject to— (A) reservations for existing public uses for roads, utili ties, and facilities; and (B) permits, rights of way, contracts and any other authorization to use the property. (3) TREATMENT OF LAND SUBJECT TO SPECIAL USE AUTHORIZATION OR PERMIT.—For any land subject to a special use authorization or permit for access or utilities, the appro priate Secretary may convert, at the request of the holder, such authorization to a permanent easement prior to any conveyance pursuant to subsection (d)(1). (4) FUTURE RESERVATIONS.—The appropriate Secretary may reserve rights for future public uses in a conveyance made pursuant to subsection (d)(1) if the qualifying claimant is com pensated for the reservation in cash or in land of equal value. (5) HAZARDOUS SUBSTANCES.—The requirements of section 120(h) of the Comprehensive Environmental Response, Com pensation, and Liability Act (42 U.S.C. 9620(h)) shall not apply to conveyances or transfers of jurisdiction pursuant to sub section (d), but the United States shall continue to be liable for the cleanup costs of any hazardous substances on the lands so conveyed or transferred if the contamination by hazardous substances is caused by actions of the United States or its agents. (g) RELATION TO OTHER CONVEYANCE AUTHORITY.—Nothing in this section affects the Quiet Title Act (28 U.S.C. 2409a) or other applicable law, or affects the exchange and disposal authorities of the Secretary of Agriculture, including the Small Tracts Act (16 U.S.C. 521c), or the exchange and disposal authorities of the Secretary of the Army. (h) ADDITIONAL TERMS AND CONDITIONS.—The appropriate Sec retary may require such additional terms and conditions in connec tion with a conveyance under subsection (d)(1) as the Secretary considers appropriate to protect the interests of the United States.

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