Page:United States Statutes at Large Volume 123.djvu/2709

 123STA T . 2 689PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 09 dateof t h ee n a c t m ent of th isA ct ( in this section r eferred to as the ‘ ‘ l essee ’ ’ ) all ri g ht , title, and interest of the U nited S tates in and to the p ortion of s u ch propert y that is respecti v ely leased or licensed b y such person or entity for the purpose of continuing the same functions as are being conducted on the property as of the date of the enactment of this Act . (b) CONSIDERAT ION. — As consideration for a conveyance under subsection (a), the lessee shall provide the United States, w hether by cash payment, in -k ind consideration described in section 26 6 7 (c) of title 10, United States Code, or a combination thereof, an amount that is not less than the fair market of the conveyed property, as determined pursuant to an appraisal acceptable to the Secretary. (c) EX ER C ISE O FR I GH T T O PU RCHASE PRO P ERT Y .— (1) ACCEPTANCE OF OFFER.— F oraperiodof1 8 0 days begin- ning on the date the Secretary makes a written offer to convey the property or any portion thereof under subsection (a), the lessee shall have the e x clusive right to accept such offer by providing written notice of acceptance to the Secretary within the specified 180-day time period. I f the Secretary’s offer is not so accepted within the 180-day period, the offer shall expire. (2) CON V EYANCE DEAD L INE.—If a lessee accepts the offer to convey the property or a portion thereof in accordance with paragraph (1), the conveyance shall take place not later than 2 years after the date of the lessee’s written acceptance, pro- vided that the conveyance date may be extended for a reason- able period of time by mutual agreement of the parties, evi- denced by a written instrument executed by the parties prior to the end of the 2-year period. If the lessee’s lease or license term expires before the conveyance is completed, the Secretary may extend the lease or license term up to the date of convey- ance, provided that the lessee shall be re q uired to pay for such extended term at the rate in effect at the time it was declared excess property. (d) PAY M ENT OF COSTS OF CONVEYANCES.— (1) PAYMENT RE Q UIRED.—The Secretary shall require the lessee to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out a conveyance under subsection (a), including survey costs, related to the conveyance. If amounts are collected from the lessee in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the lessee. (2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out a conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and sub j ect to the same conditions and limitations, as amounts in such fund or account. (e) D ESCRIPTION OF PROPERTY.—The exact acreage and legal description of any real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (f) ADDITIONAL TERM AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with Det e rmina ti o n .Su r v e y. C ontra c t s . Exp iration d ate. T ime period. N otice.