Page:United States Statutes at Large Volume 98 Part 2.djvu/370

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1530

PUBLIC LAW 98-407—AUG. 28, 1984

over, across, and under the land described in paragraph (1) for roadway purposes, installation and maintenance of such underground utilities as are customarily located in rights-of-way, and related purposes, or (B) all right, title, and interest of the United States in such land. (b) The conveyance authorized by subsection (a) may not be made unless— (1) the Irvine Company conveys to the United States, for a term not to exceed the period of the use of the Air Facility as an active military air station— (A) interests or rights acceptable to the Secretary within or over certain land commonly known as the "Browning Corridor" and certain other undeveloped land traversed by military aircraft and used by the Air Facility as its Ground Control Approach; or (B) if the Irvine Company and the Secretary are unable to agree to interests or rights acceptable to the Secretary with respect to the land described in clause (A) that are at least equivalent in value (as determined by the Secretary) to the value of the interest of the United States to be conveyed under subsection (a)— (i) interests or rights acceptable to the Secretary in a tract of approximately 39 acres of land (or a portion thereof that is acceptable to the Secretary) in the vicinity of the northwest portion of the intersection of Barranca Parkway and Peters Canyon Wash; or (ii) a combination of interests or rights acceptable to the Secretary within or over the land described in clause (A) and in the land described in subclause (i); and (2) the Irvine Company or the cities of Tustin and Irvine pay to the United States all costs of the United States related to replacing, in a manner satisfactory to the Secretary, the helicopter heavy-lift training facility displaced by reason of the conveyance under subsection (a) and any other improvement displaced by reason of that conveyance. (c) The value of the interests or rights in real property conveyed to the United States under subsection (b)(1) must be at least equivalent in value (as determined by the Secretary) to the value of the interest of the United States to be conveyed under subsection (a). (d) If the conveyance under subsection (b)(1) is to include a conveyance to the United States of interests or rights described in subsection (b)(1)(A), then before the conveyance authorized by subsection (a) is made, the Secretary and the cities of Tustin and Irvine shall enter into written agreements, satisfactory to the Secretary, under which the cities— (1) agree that in exercising land use planning and zoning authority, the cities shall consider limiting the extent and location of residential development of the lands commonly known as the "Browning Corridor" as appropriate to air operations in that corridor; and (2) provide a process for the United States to participate in the initial and continued planning of land uses within the Browning Corridor. (e) The exact acreages and legal descriptions of the interests in land to be conveyed under subsections (a) and (b) shall be determined by surveys that are satisfactory to the Secretary. The Irvine