§ 36-8-1601 — Authorizing lease or use of Quebec 1 missile alert facility; declaration of Quebec 1 missile alert facility state historic site

(a) The legislature authorizes the department of state
parks and cultural resources, in consultation with the governor
and the attorney general, to negotiate a lease or use agreement
for the Quebec 1 missile alert facility from the United States
department of the air force to allow the department of state
parks and cultural resources to operate the facility as a
historic site. Any lease or use agreement may include a
provision that provides facilities for volunteer firemen to
store equipment and vehicles.
(b) Before entering into any lease or use agreement under
subsection (a) of this section:
(i) The department of state parks and cultural
resources shall hold a public hearing to receive input on how
operating the facility as a historic site may affect adjacent
landowners and on the advisability of proceeding with the lease
or use agreement;
(ii) An environmental baseline survey pursuant to Air
Force Instruction 32-7066 shall be completed. The survey shall
identify the nature and magnitude of environmental contamination
of the property. The survey shall include a search of all
available historic and operational records and survey reports,
collection of samples as appropriate and inspections;
(iii) Upon completion of the hearing and the survey,
the department of state parks and cultural resources shall
report the findings of the hearing and the results of the survey
to the joint travel, recreation, wildlife and cultural resources
interim committee and the governor. After receiving the findings
of the hearing and the report under this subsection, the
governor may authorize the execution of the lease or use
agreement negotiated under subsection (a) of this section.
(c) If the governor determines that it is in the best
interests of the state to take ownership of the Quebec 1 missile
alert facility, the governor is authorized to negotiate the
terms of the transfer. Negotiations shall include, but not be
limited to, consideration of whether the state may acquire by
way of donation equipment and accessories from the United States
department of the air force used when the Quebec 1 missile alert
facility was in full operation or used in other related or
nonrelated military operations to enhance the experience of the
historic site, including retired missile shells and retired
military aircraft, vehicles and arms. A transfer under this
subsection shall be in accordance with the following:
(i) Prior to any transfer, the department of state
parks and cultural resources shall hold a public hearing to
receive input on how operating the facility as a historic site
may affect adjacent landowners and on the advisability of
proceeding with the transfer. Upon completion of the hearing,
the department of state parks and cultural resources shall
report the findings of the hearing to the governor;
(ii) The legislature authorizes the governor to
accept the terms of the transfer provided that:
(A) The governor considers the findings reported
under paragraph (i) of this subsection and determines it is in
the best interests of the state to take ownership of the
facility;
(B) The governor reports the terms of the
transfer to the joint appropriations committee prior to the
transfer;
(C) The terms of the transfer include a
provision requiring the United States department of the air
force or other appropriate agency to retain liability for all
environmental, closure and reclamation obligations that exist as
of the date of the potential transfer.
(d) Upon transfer of land, the Quebec 1 missile alert
facility is declared to be a state historic site and shall be
known as the "Quebec 1 missile alert facility state historic
site".