SECTION 1. Notwithstanding any general or special law to the contrary, the commissioner of the division of capital asset management and maintenance may transfer from the care, custody and control of the department of conservation and recreation to the care, custody and control of the Massachusetts Department of Transportation, certain surplus land, currently used by the department of conservation and recreation as state forest land, located in the town of Sandwich. The surplus land, which is a portion of land taken by the commonwealth as state forest land recorded in an order of taking dated December 28, 1923 in the Barnstable registry of deeds book 400, page 428, consists of 13.2 acres, more or less, as identified on a plan entitled, “Subdivision Plan of Land in Sandwich, MA”, prepared by Massachusetts Department of Transportation, and collectively shown as Lots A and B. The department of conservation and recreation shall retain an easement across the “Dirt Fire Road,” as indicated on the plan, for department of conservation and recreation firefighting and other park purposes. The exact boundaries of the lots shall be determined by the commissioner in consultation with the department of conservation and recreation and the Massachusetts Department of Transportation after completion of a survey. 

SECTION 2. Notwithstanding any other general or special law to the contrary and simultaneous with a transfer made pursuant to section 1, the Massachusetts Department of Transportation, shall transfer from its care, custody, and control, certain surplus land taken by the commonwealth to lay a state highway, as recorded in an order of taking dated September 25, 1956 in the Barnstable registry of deeds book 955, page 128, to the care custody and control of the department of conservation and recreation. The surplus land, which is located along the northerly side of Scusset Beach road in the towns of Bourne and Sandwich and consists of 85.1 acres, more or less, 12.8 acres of which are for mitigation purposes and the remainder of which shall be used for conservation purposes associated with the Scusset Beach State Reservation, is collectively shown as “Remaining Area” and Parcels 1, 2, 3 and 4 on the “Plan of Land in the Towns of Bourne and Sandwich.” The exact boundaries of the parcels shall be determined by the Massachusetts Department of Transportation in consultation with the department of conservation and recreation and the commissioner of the division of capital asset management and maintenance after completion of a survey.

SECTION 3. The Massachusetts Department of Transportation shall be responsible for all costs and expenses of the transfers of the properties authorized by this act, as determined by the commissioner of the division of capital asset management and maintenance, including without limitation, any costs associated with engineering, surveys, appraisals and deed preparation relating to the conveyance of the parcels.

SECTION 4. This act shall take effect upon its passage.