Page:United States Statutes at Large Volume 98 Part 2.djvu/368

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1528

PUBLIC LAW 98-407—AUG. 28, 1984

(e) Notwithstfinding section 2733 of title 10, United States Code, sections 1346 and 2672 of title 28, United States Code, and section 715 of title 32, United States Code, or any other provision of law enacted before, on, or after the date of the enactment of this Act (except a law that specifically refers to the Foundation or to this section), the United States shall not be liable to the Foundation for any damage to, or diminution in value of, any land conveyed under this section (or any improvement on such land) if such damage or diminution in value is caused by an activity of the United States at March Air Force Base, California. (f) The transaction authorized by this section shall be made subject to such additional terms and conditions as the Secretary considers appropriate to carry out the provisions of this section and to protect the interests of the United States. (g) The exact acreage and legal description of any land conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. The cost of any such survey shall be borne by the Foundation. RELEASE OF LEASEHOLD D4TEREST, SAN DIEGO UNIFIED PORT DISTRICT, CALIFORNIA

SEC. 836. (a) Subject to subsection (b), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") is authorized to convey to the San D i ^ o Unified Port District, California (hereinafter in this section referred to as the "Port") all right, title, and interest of the United States in and to Lease NOy(R)-44755 entered into by the United States with the Port, comprising approximately 3.35 acres of land with Navy-owned improvements known as the San D i ^ o Branch, Western Division, Naval Facilities Engineering Command. Such conveyance may not be made until a replacement facility for the San Diego Branch is available in accordance with subsection (b). (b) In consideration for the conveyance authorized by subsection (a), the Port shall— (1) construct, at no expense to the United States, a suitable replacement facility for the San Diego Branch at a suitable Navy-owned site, as determined by the Secretary; (2) pay to the Secretary the cost of removing any existing improvements on the replacement site; (3) pay to the Secretary the cost of relocating the San Diego Branch and its tenants; and (4) convey to the United States unencumbered title to the replacement facility. (c) The Secretary is authorized to receive, obligate, and disburse any funds received under subsection (b)(2) and (3) to facilitate the relocation. (d) If the fair market value of the interest conveyed under subsection (a) exceeds the sum of the fair market value of the replacement facility and the amounts paid under subsection (b), as determined by the Secretary, the Port shall pay the difference to the United States. (e) The Secretary may require such additional terms and conditions as the Secretary considers necessary or appropriate to protect the interest of the United States.