Page:United States Statutes at Large Volume 123.djvu/2711

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123STA T . 2 69 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 theS e cr et a r yund er th is su b secti o n sha l lbe m ade on the record a f terano p portunity for a hearin g.( c )DESCRIPT I ON O FP ROPERT Y . —T hee x act acreage and legal description of the real property to be con v eyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (d) P A Y M ENT OF C OSTS OF CON V EYANCES.— ( 1 ) PAYMENT RE QU IRE D .—The Secretary shall re q uire the School District to cover costs to be incurred by the Secretary , or to reimburse the Secretary for costs incurred by the Sec - retary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental docu- mentation, and other administrative costs related to the convey- ance. I f amounts are collected from the School District in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the School District. ( 2 ) TREATMENT OF AMOUNTS RECEIVED.— A mounts received as reimbursements under paragraph (1) shall be credited to the fund or account that w as used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and sub j ect to the same conditions and limitations, as amounts in such fund or account. (e) ADDITIONA L TERM AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the U nited States. SEC.2859 . LAND C O N V E Y ANCE , ELLS W O RTH A I R F ORCE B ASE, SO U TH DA K OTA. (a) C H AN G EIN R ECIPIENT UNDER EX ISTING AUTHORITY.— (1) IN GENERAL.—Section 2 863 (a) of the M ilitary Construc- tion Act for F iscal Y ear 1 9 98 (division B of Public L aw1 05– 85

111 Stat. 2010), as amended by section 2865(a) of the Military Construction Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 11 4 Stat. 1654A–435), is further amended by stri k ing ‘ ‘ W est River Foundation for Eco- nomic and Community Development, Sturgis, South Dakota (in this section referred to as the ‘Foundation ’ )’’ and inserting ‘‘South Dakota Ellsworth Development Authority, Pierre, South Dakota (in this section referred to as the ‘Authority’)’’. (2) TECHNICAL AND CONFORMING AMENDMENTS.—Section 2863 of the Military Construction Act for Fiscal Year 1998 (division B of Public Law 105–85; 111 Stat. 2010), as amended by section 2865(b) of the Military Construction Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–435), is further amended— (A) by striking ‘‘Foundation’’ each place it appears in subsections (c) and (e) and inserting ‘‘Authority’’; (B) in subsection (b)(1)— (i) in subparagraph (B), by striking ‘‘13 7 .56 acres’’ and inserting ‘‘120.70 acres’’; and (ii) by striking subparagraphs (C), (D), and (E). (b) N E W CONVEYANCE AUTHORITY.—