Page:United States Statutes at Large Volume 114 Part 4.djvu/247

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PUBLIC LAW 106-504—NOV. 13, 2000 114 STAT. 2309 Public Law 106-504 106th Congress An Act To amend the Organic Act of Guam, and for other purposes. Nov. 13, 2000 [H.R. 2462] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO 40 USC 483 note. ACQUIRE EXCESS REAL PROPERTY IN GUAM. (a) TRANSFER OF EXCESS REAL PROPERTY. —(1) Except as provided in subsection (d), before screening excess real property located on Guam for further Federal utilization under section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) (hereinafter the "Property Act"), the Administrator shall notify the Government of Guam that the property is available for transfer pursuant to this section. (2) If the Government of Guam, within 180 days after receiving Deadhne. notification under paragraph (1), notifies the Administrator that Notification. the Government of Guam intends to acquire the property under this section, the Administrator shall transfer such property in accordance with subsection (b). Otherwise, the property shall be screened for further Federal use and then, if there is no other Federal use, shall be disposed of in accordance with the Property Act. (b) CONDITIONS OF TRANSFER.— (1) Any transfer of excess real property to the Government of Guam may be only for a public purpose and shall be without further consideration. (2) All transfers of excess real property to the Government of Guam shall be subject to such restrictive covenants as the Administrator, in consultation with the Secretary of Defense, in the case of property reported excess by a military department, determines to be necessary to ensure that: (A) the use of the property is compatible with continued military activities on Guam; (B) the use of the property is consistent with the environmental condition of the property; (C) access is available to the United States to conduct any additional environmental remediation or monitoring that may be required; (D) the property is used only for a public purpose and can not be converted to any other use; and (E) to the extent that facilities on the property have been occupied and used by another Federal agency for a minimum of 2 years, that the transfer to the Government of Guam is subject to the terms and conditions for such use and occupancy. (3) All transfers of excess real property to the Government of Guam are subject to all otherwise applicable Federal laws, except section 2696 of title 10, United States Code, or section 501 of Public Law 100-77 (42 U.S.C. 11411). (c) DEFINITIONS. —For the purposes of this section: