PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1653 determined by a survey which is satisfactory to the Secretary. The cost of the survey shall be borne by the State of Hawaii. (h) ADDITIONAL TERMS AND CONDITIONS. —The Secretary may re- quire such additional terms and conditions in connection with the conveyance under this section as the Secretary determines appro- priate to protect the interests of the United States. SEC. 2814. LAND CONVEYANCES, KAPALAMA MILITARY RESERVATION, HAWAII (a) IN GENERAL. —(1) Section 2332 of the Military Construction Authorization Act, 1988 and 1989 (division B of Public Law 100-180; 100 Stat. 1223), is amended by striking out subsections (a) through (e) and inserting in lieu thereof the following: "(a) IN GENERAL.— Subject to subsections 0)) through (f), the Sec- retary of the Army may sell and convey to the State of Hawaii approximately 35.92 acres of real property, including improvements thereon, at Kapalama Military Reservation, Hawaii, and may re- place and relocate the facilities located on such property. "(b) CONSIDERATION. —In consideration for the real property de- scribed in subsection (a), the State of Hawaii shall pay the United States an amount equal to not less than the fair market value of the property to be conveyed, as determined by the Secretary. "(c) USE OF SALE PROCEEDS. —The Secretary shall use the proceeds received from the sale of property authorized by this section— "(1) for the cost of the design and construction of suitable replacement facilities to be constructed at Fort Shafter, Fort Kamehameha, Tripler Army Medical Center, and Schofield Bar- racks, Hawaii; and "(2) for any cost incurred by the Department of the Army under this section with respect to the sale and relocation of facilities. "(d) EXCESS AMOUNT. —(1) The Secretary may use any proceeds in excess of the amount required to pay costs referred to in subsection (c) for the implementation of the plan established by the Secretary of the Army on March 1, 1988, for the future use and development of Fort DeRussy, Hawaii, except that such proceeds may not be used to pay for the construction of any nonappropriated-fund project identi- fied in such plan. "(2) At the end of the ten-year period beginning on the date of the enactment of the Military Construction Authorization Act, 1989, the Secretary shall deposit any amount received and not expended under this section into the Treasury as miscellaneous receipts.". (2) Subsections (f) and (g) of section 2332 of such Act are redesig- nated as subsections (e) and (f), respectively. (b) SAVINGS PROVISION.—The provisions of section 2332 of the Military Construction Authorization Act, 1988 and 1989, as in effect on the day before the date of the enactment of this Act, shall continue to apply with respect to the sale of any property referred to in such section that was sold pursuant to such section before the date of the enactment of this Act. (c) CEDED LANDS. —(1) Subject to paragraphs (2) through (4), the Secretary of the Army shall convey to the State of Hawaii, without consideration other than that described in paragraph (2), all right, title, and interest of the United States in and to approximately 17.8 acres of ceded lands, including improvements thereon, at Kapalama Military Reservation, Hawaii.
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