PUBLIC LAW 104-303—OCT. 12, 1996 110 STAT. 3751 States in and to a parcel of land consisting of approximately 12.5 acres located at the Eufaula Lake project. (2) CONSIDERATION. —Consideration for the conveyance under paragraph (1) shall be the fair market value of the parcel (as determined by the Secretary) and payment of all costs of the United States in making the conveyance, including the costs of— (A) the surveys required under paragraphs (3) and (4); (B) any other necessary survey or survey monumentation; (C) compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (D) any coordination necessary with respect to requirements relating to endangered species, cultural resources, and clean air (including the costs of agency consultation and public hearings). (3) LAND SURVEYS.—The exact acreage and description of the parcel to be conveyed under paragraph (1) shall be determined by such surveys as the Secretary considers necessary. Such surveys shall be carried out to the satisfaction of the Secretary. (4) ENVIRONMENTAL BASELINE SURVEY.— Prior to making the conveyance under paragraph (1), the Secretary shall conduct an environmental baseline survey to determine the levels of any contamination (as of the date of the survey) for which the United States would be responsible under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and any other apphcable law. (5) CONDITIONS CONCERNING RIGHTS AND EASEMENT.— The conveyance under paragraph (1) shall be subject to existing rights and to retention by the United States of a flowage easement over all portions of the parcel that lie at or below the flowage easement contour for the Eufaula Lake project. (6) OTHER TERMS AND CONDITIONS.—The conveyance under paragraph (1) shall be subject to such other terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States. (g) BoARDMAN, OREGON. — (1) IN GENERAL.—The Secretary shall convey to the city of Boardman, Oregon, all right, title, and interest of the United States in and to a parcel of land consisting of approximately 141 acres acquired as part of the John Day Lock and Dam project in the vicinity of such city currently under lease to the Boardman Park and Recreation District. (2) CONSIDERATION.— (A) PARK AND RECREATION PROPERTIES.—Properties to be conveyed under this subsection that will be retained in public ownership and used for public park and recreation purposes shall be conveyed without consideration. If any such property is no longer used for public park and recreation purposes, tide to such property shall revert to the Secretary. (B) OTHER PROPERTIES.— Properties to be conveyed under this subsection and not described in subparagraph (A) shall be conveyed at fair market value.
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