Page:United States Statutes at Large Volume 102 Part 3.djvu/677

 PUBLIC LAW 100-526—OCT. 24, 1988

102 STAT. 2629

(A) the authority of the Administrator to utilize excess property under section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483); (B) the authority of the Administrator to dispose of surplus property under section 203 of that Act (40 U.S.C. 484); and (C) the authority of the Administrator to grant approvals and make determinations under section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App, 1622(g)). (2)(A) Sidject to subparagraph (B), the Secretary shall exercise authority d e l ^ a t e d to the Secretary pursuant to paragraph (1) in accordance with— (i) all r^ulations in effect on the date of the enactment of this tide governing utilization of excess property and disposal of surplus property under the Federal Property and Administrative Services Act of 1949; and (ii) all regulations in effect on the date of the enactment of this title governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 (50 U5.C. App. 1622(g)). (B) The Secretary, after consulting with the Administrator of General Services, may issue r^ulations that are necessary to carry out the delegation of authority required by paragraph (1). (C) The authority required to be d e l ^ a t e d by paragraph (1) to the Secretary by the Administrator of General Services shall not include the authority to prescribe general policies and methods for utilizing access property and disposing of surplus property. (D) Before any acttion may be taken with respect to the disposal of State and local any surplus real property or facility located at any military installa- governments. tion to be closed or realigned under this title, the Secretary shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned. (E!) The provisions of this paragraph and paragraph (1) aro subject to paragraphs (3) and (4). (3) Before any action is taken with respect to the dispc^al or transfer of any real property or facility located at a military installation to be closed or realigned under this title, the Secretary shall notify all departments and other instrumentalities (including nonappropriated fond instrumentsdities) within the Department of Defense of the availability of such property or facility, or portion thereof, and may transfer such property, facility, or portion, without reimbursement, to any such department or instrumentality. In carrying out this paragraph, the Secretary shall give a priority, and shall transfer, to any such department or other instrumentality that agrees to pay fair market value for the property or facility, or portion thereof. For purposes of this paragraph, fair market value shall be determined on the basis of the use of the property or facility on December 31, 1988. This paragraph shall take precedence over any other provision of this title or other provision of law with respect to the disposal or transfer of real property or facility located a t a military installation to be closed or realigned under this title. (4)(A) Except as provided in subparagraph (B), all proceeds— (i) from any transfer under paragraph (3); and (ii) from the transfer or disposal of any other property or facility made as a result of a closure or realignment under this title, shall be deposited into the Account established by section 207(a)(l)-

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