§ 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.
(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]; [Pub. L. 118–159, div. B, title XXVIII, § 2851], Dec. 23, 2024, [138 Stat. 2269].)