§ 2869.
(b)
Conditions on Conveyance Authority.—
(1)
The fair market value of the real property, installation-support services, or facility or improvements to an existing facility obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the real property conveyed by the Secretary concerned exceeds the fair market value of the real property, installation-support services, or facility or improvements received by the Secretary, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values.
(2)
In the case of a conveyance of real property to a political subdivision of a State, the value of the real property to be conveyed by the Secretary concerned under subsection (a) may exceed the fair market value of the land to be obtained, as determined under paragraph (1), by an amount not to exceed the reduction in value of the land which is attributable to voluntary zoning actions taken by such political subdivision to limit encroachment on a military installation, but only if the notice required by subsection (d)(2) contains—
(A)
a certification by the Secretary concerned that the military value to the United States of the land to be acquired justifies a payment in excess of the fair market value; and
(B)
a description of the military value to be obtained.
(3)
The Secretary concerned may agree to accept a facility or improvements to an existing facility under subsection (a)(3) only if the Secretary concerned determines that the facility or improvements—
(A)
are completed and usable, fully functional, and ready for occupancy;
(B)
satisfy all operational requirements; and
(C)
meet all Federal, State, and local requirements applicable to the facility relating to health, safety, and the environment.
(c)
Limitation on Use of Conveyance Authority at Installations Closed Under Base Closure Laws.—
The authority under subsection (a)(2)(A) to convey property located on a military installation may only be used to the extent the conveyance is consistent with an approved redevelopment plan for such installation.
(d)
Advance Notice of Use of Authority.—
(1)
Notice of the proposed use of the conveyance authority provided by subsection (a) shall be provided in such manner as the Secretary of Defense may prescribe, including publication in the Federal Register and otherwise. When real property located at a military installation is proposed for conveyance by means of a public sale, the Secretary concerned may notify prospective purchasers that consideration for the property may be provided in the manner authorized by such subsection.
(2)
The Secretary concerned may not enter into an agreement under subsection (a) for the conveyance of real property until—
(A)
the Secretary submits to Congress notice of the conveyance, including—
(i)
a description of the real property to be conveyed by the Secretary under the agreement;
(ii)
a description of the land acquisition to be carried out under the agreement in exchange for the conveyance of the property; and
(iii)
the amount of any payment to be made under subsection (b) or under section 2684a(d) 1 of this title to equalize the fair market values of the property to be conveyed and the land acquisition to be carried out under the agreement in exchange for the conveyance of the property; and
(B)
the waiting period applicable to that notice under paragraph (3) expires.
(3)
If the notice submitted under paragraph (2) deals with the conveyance of real property located on a military installation that is closed or realigned under a base closure law or the conveyance of real property under an agreement entered into under
section 2684a of this title, the Secretary concerned may enter into the agreement under subsection (a) for the conveyance of the property after the end of the 14-day period beginning on the date of the submission of the notice in an electronic medium pursuant to
section 480 of this title. In the case of other real property to be conveyed under subsection (a), the Secretary concerned may enter into the agreement only after the end of the 45-day period beginning on the date of the submission of the notice in an electronic medium pursuant to
section 480 of this title.
(e)
Deposit and Use of Funds.—
The Secretary concerned shall deposit funds received under subsection (b) in the appropriation “Foreign Currency Fluctuations, Construction, Defense”. The funds deposited shall be available, in such amounts as provided in appropriation Acts, for the purpose of paying increased costs of overseas military construction and family housing construction or improvement associated with unfavorable fluctuations in currency exchange rates. The use of such funds for this purpose does not relieve the Secretary concerned from the duty to provide advance notice to Congress under
section 2853(c) of this title whenever the Secretary approves an increase in the cost of an overseas project under such section.
(Added [Pub. L. 108–136, div. B, title XXVIII, § 2805(a)(1)], Nov. 24, 2003, [117 Stat. 1719]; amended [Pub. L. 109–364, div. B, title XXVIII, § 2811(a)]–(f)(1), Oct. 17, 2006, [120 Stat. 2471–2473]; [Pub. L. 111–84, div. B, title XXVIII, § 2804(a)]–(d)(1), Oct. 28, 2009, [123 Stat. 2661], 2662; [Pub. L. 112–81, div. B, title XXVIII, § 2815(a)], (b), Dec. 31, 2011, [125 Stat. 1688], 1689; [Pub. L. 112–239, div. B, title XXVIII, § 2811], Jan. 2, 2013, [126 Stat. 2150]; [Pub. L. 115–91, div. B, title XXVIII], §§ 2801(c)(6), 2815, 2816, Dec. 12, 2017, [131 Stat. 1844], 1850; [Pub. L. 116–283, div. B, title XXVIII, § 2862(a)], (b), Jan. 1, 2021, [134 Stat. 4357].)