PUBLIC LAW 106-53—AUG. 17, 1999 113 STAT. 361 No. DACW21-1 -93-0910 and associated supplemental agreements or are designated in red in Exhibit A of Army License No. DACW21-3 -85-1904, excluding all designated parcels in the license that are below elevation 346 feet mean sea level or that are less than 300 feet measured horizontally from the top of the power pool. (B) MANAGEMENT OF EXCLUDED PAKCELS. —Management of the excluded parcels shall continue in accordance with the terms of Army License No. DACW21-3-85-1904 until the Secretary and the State enter into an agreement under paragraph (6). (C) SURVEY.— The exact acreage and legal description of the land shall be determined by a survey satisfactory to the Secretary, with the cost of the survey borne by the State. (3) COSTS OF CONVEYANCE. — The State shall be responsible for all costs, including real estate transaction and environmental compliance costs, associated with the conveyance. (4) PERPETUAL STATUS. — (A) IN GENERAL.— All land conveyed under this subsection shall be retained in public ownership and shall be managed in perpetuity for fish and wildlife mitigation purposes in accordance with a plan approved by the Secretary. (B) REVERSION.—I f any pau-cel of land is not managed for fish and wildlife mitigation purposes in accordance with the pl£m, title to the parcel shall revert to the United States. (5) ADDITIONAL TERMS AND CONDITIONS. —The Secretary may require such additional terms and conditions in connection with the conveyance under this subsection as the Secretary considers appropriate to protect the interests of the United States. (6) FISH AND WILDLIFE MITIGATION AGREEMENT.— (A) IN GENERAL.— The Secretary may pay the State of South Carolina not more than $4,850,000, subject to the Secretary and the State entering into a binding agreement for the State to msmage for fish and wildlife mitigation purposes in perpetuity the parcels of land conveyed under this subsection and excluded parcels designated in Exhibit A of Army License No. DACW21-3-85-1904. (B) FAILURE OF PERFORMANCE.— The agreement shall specify the terms and conditions under which payment will be made and the rights of, and remedies available to, the Federal Government to recover all or a portion of the payment if the State fails to manage any parcel in a manner satisfactory to the Secretary. (j) CLARKSTON, WASHINGTON.— (1) IN GENERAL.—The Secretary shall convey to the Port of Cleu-kston, Washington, all right, title, and interest of the United States in and to a portion of the land described in the Department of the Army Lease No. DACW68-1-97 -22, consisting of approximately 31 acres, the exact boundaries of which shall be determined by the Secretary and the Port of Clarkston. (2) ADDITIONAL LAND.— The Secretary may convey to the Port of Clarkston, Washington, such additional land located 69-194-01-13:QL3Parti
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