Page:United States Statutes at Large Volume 115 Part 2.djvu/337

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PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1321 in and to a parcel of real property, including any improvements thereon, consisting of approximately 29 acres and comprising the Naval Weapons Industrial Reserve Plant, Toledo, Ohio. (2) The Secretary may include in the conveyance under paragraph (1) such facilities, equipment, fixtures, and other personal property located or based on the parcel conveyed under that paragraph, or used in connection with the parcel, as the Secretary determines to be excess to the Navy. (b) LEASE AUTHORITY. —Until such time as the real property described in subsection (a)(1) is conveyed by deed, the Secretary may lease such real property, and any personal property described in subsection (a)(2), to the Port Authority in exchange for such security, fire protection, and maintenance services as the Secretary considers appropriate. (c) CONDITIONS OF CONVEYANCE. — The conveyance under subsection (a), and any lease under subsection (b), shall be subject to the conditions that the Port Authority— (1) accept the real and personal property concerned in their condition at the time of the conveyance or lease, as the case may be; and (2) except as provided in subsection (d), use the real and personal property concerned, whether directly or through an agreement with a public or private entity, for economic development or such other public purposes as the Port Authority considers appropriate. (d) SUBSEQUENT USE.— (1) Subject to the approval of the Secretary, the Port Authority may sublease real property or personal property covered by a lease under subsection (b) to another person for economic development or such other public purposes as the Port Authority considers appropriate. (2) Following the conveyance of real property under subsection (a), the Port Authority may lease or reconvey the real property, and any personal property conveyed with such real property under that subsection, for economic development or such other public purposes as the Port Authority considers appropriate. (e) REIMBURSEMENT FOR COSTS OF CONVEYANCE AND LEASE. — (1) The Port Authority shall reimburse the Secretary for the excess costs incurred by the Secretary for any environmental assessment, study, or analysis, or for any other excess costs incurred by the Secretary, in connection with the conveyance authorized by this section, if the excess costs were incurred as a result of a request by the Port Authority. In this paragraph, the term "excess costs" means costs in excess of those costs considered reasonable and necessary by the Secretary to comply with existing law to make the conveyance authorized by subsection (a). (2) Section 2695(c) of title 10, United States Code, shall apply to any amount received by the Secretary under this subsection. (f) DESCRIPTION OF PROPERTY. —The exact acreage and legal description of the real property to be conveyed under subsection (a)(1), and an appropriate inventory or other description of the personal property to be conveyed under subsection (a)(2), shall be determined by a survey and other means satisfactory to the Secretary. The cost of the survey shall be borne by the Port Authority. (g) ADDITIONAL TERMS AND CONDITIONS.— The Secretary may require such additional terms and conditions in connection with