117th CONGRESS 2d Session |
To authorize the Secretary of the Navy to convey the Marine Reserve Training Center in Omaha, Nebraska, and for other purposes.
December 14, 2022
Mr. Bacon introduced the following bill; which was referred to the Committee on Armed Services
To authorize the Secretary of the Navy to convey the Marine Reserve Training Center in Omaha, Nebraska, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Fort Omaha Land Exchange Act of 2022”.
SEC. 2. Land exchange, Marine Reserve Training Center, Omaha, Nebraska.
(a) Land exchange authorized.—The Secretary of the Navy may convey to the Metropolitan Community College Area, a political subdivision of the State of Nebraska (in this Act referred to as the “College”), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, known as the Marine Reserve Training Center in Omaha, Nebraska.
(b) Consideration.—As consideration for the conveyance under subsection (a), the College shall convey to the Secretary of the Navy real property interests, either adjacent or proximate, to Offutt Air Force Base, Nebraska.
(c) Land exchange agreement.—The Secretary of the Navy and the College may enter into a land exchange agreement to implement this Act.
(d) Valuation.—The value of each property interest to be exchanged by the Secretary of the Navy and the College described in subsections (a) and (b) shall be determined—
(1) by an independent appraiser selected by the Secretary; and
(2) in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.
(e) Cash equalization payments.—
(1) TO THE SECRETARY.—If the value of the property interests described in subsection (a) is greater than the value of the property interests described in subsection (b), the values shall be equalized through either of the following or a combination thereof:
(A) A cash equalization payment from the College to the Department of the Navy.
(B) In-kind consideration provided by the College, which may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Marine Corps Reserve Training Center Omaha.
(2) NO EQUALIZATION.—If the value of the property interests described in subsection (b) is greater than the value of the property interests described in subsection (a), the Secretary may not make a cash equalization payment to equalize the values.
(f) Payment of costs of conveyance.—
(1) PAYMENT REQUIRED.—The Secretary of the Navy shall require the College to pay all costs to be incurred by the Secretary to carry out the exchange of property interests under this Act, including such costs related to land survey, environmental documentation, real estate due diligence such as appraisals, and any other administrative costs related to the exchange of property interests, including costs incurred preparing and executing a land exchange agreement authorized under subsection (c). If amounts are collected from the College 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 exchange of property interests, the Secretary shall refund the excess amount to the College.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received by the Secretary of the Navy under paragraph (1) shall be used in accordance with section 2695(c) of title 10, United States Code.
(g) Description of property.—The exact acreage and legal description of the property interests to be exchanged under this Act shall be determined by surveys that are satisfactory to the Secretary of the Navy.
(h) Conveyance agreement.—The exchange of real property interests under this Act shall be accomplished using an appropriate legal instrument and upon terms and conditions mutually satisfactory to the Secretary of the Navy and the College, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
(i) Exemption from screening requirements for additional federal use.—The authority under this Act is exempt from the screening process required under section 2696(b) of title 10, United States Code.