Page:United States Statutes at Large Volume 99 Part 1.djvu/340

 99 STAT. 318

Effective date.

Federal Register, publication.

40 USC 472.

Corporations.

PUBLIC LAW 99-88—AUG. 15, 1985 (C) The land referred to as Fort Peck, Montana, consisting of 571 acres, more or less, as depicted on drawing numbered MFP118-2E1, dated October 15, 1981, on file in the office of the district engineer. United States Army Engineer District, Omaha, Nebraska (other than lands used by the Western Reserve Area Power Administration of the Department of Energy). (2)(A) The provisions of paragraph (1) shall not require the Secretary of the Army to transfer any rights, title, or interests of the United States in any lands, or any improvements on lands, that the Secretary of the Army determines must be retained by the United States in order to enable the United States Army Corps of Engineers to carry out the duties and responsibilities of the United States Army Corps of Engineers. (B) Any determination made under subparagraph (A) with respect to any land which (but for subparagraph (A)) would be transferred to a municipal corporation pursuant to the provisions of paragraph (1) shall be made by the date that is 30 days after the later of— (i) date on which such municipal corporation is incorporated, or (ii) the date of enactment of this Act. Such determinations shall be published in the Federal Register. (b) None of the lands described in subsection (a) (including improvements on such lands) may be declared to be excess property (within the meaning of section 3(e) of the Federal Property and Administrative Services Act of 1949). (c) Notwithstanding any other provision of law, no limitations or restrictions (other than those which arise from rights described in subsection (d)) shall apply to the use or disposition of any land (including any improvements on such land) transferred to a municipal corporation pursuant to the provisions of subsection (a). (d) Nothing herein shall deprive any person (other than the United States) of any right-of-way, mining claim, grazing permit, water right, or other right or interest such person may have in any land transferred pursuant to the provisions of subsection (a). (e) Upon the request of any municipal corporation described in subsection (a) the Secretary of the Army shall provide assistance to such municipal corporation— (1) in appraising the land and improvements transferred to such municipal corporation pursuant to the provisions of subsection (a), and (2) in completing any subsequent transfers of such lands or improvements by such municipal corporation. (f) Upon the request of any municipal corporation described in subsection (a), the Secretary of the Army shall enter into an agreement with such municipal corporation under which— (1) the Secretary of the Army will provide maintenance and operational services with respect to the land and improvements transferred to such municipal corporation pursuant to the provisions of subsection (a) after the date of such transfer for a period which is not to exceed 3 years, and (2) such municipal corporation will reimburse the Secretary of the Army for the expenses incurred by the Secretary of the Army after the date of such transfer in providing such services. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to construct, operate, and maintain a sediment retention structure near the confluence of the Toutle and Green Rivers, Weishington, with such design features and associated

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