Page:United States Statutes at Large Volume 114 Part 3.djvu/661

 PUBLIC LAW 106-407—NOV. 1, 2000 114 STAT. 1759 (4) shall not require, unless specifically determined otherwise by the Administrator, Federal ownership of a facility covered under the agreement after the expiration of any lease of the facility to the United States; (5) shall describe the consideration, duties, and responsibilities for which the United States and the private entity are responsible; (6) shall provide— (A) that the United States will not be liable for any action, debt, or liability of any entity created by the agreement; and (B) that such entity may not execute any instrument or document creating or evidencing any indebtedness unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and (7) shall include such other terms and conditions as the Administratdr considers appropriate. (c) CONSIDERATION. — ^An agreement entered into under this section shall be for fair consideration, as determined by the Administrator. Consideration under such an agreement may be provided in whole or in part through in-kind consideration. In-kind consideration may include provision of space, goods, or services of benefit to the United States, including construction, repair, remodeling, or other physical improvements of Federal property, maintenance of Federal property, or the provision of office, storage, or other usable space. (d) AUTHORITY TO CONVEY. —^In carrying out an agreement entered into under this section, the Administrator is authorized to convey interests in real property, by lease, sale, or exchange, to a private entity. (e) OBLIGATIONS TO MAKE PAYMENTS.— Any obligation to make payments by the Administrator for the use of space, goods, or services by the General Services Administration on property that is subject to an agreement under this section may only be made to the extent that necessary funds have been made available, in advance, in an annual appropriations Act, to the Administrator from the Federal Buildings Fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)). (f) NATIONAL CAPITAL PLANNING COMMISSION. — (1) STATUTORY CONSTRUCTION. —^Nothing in this section may be construed to limit or otherwise affect the authority of the National Capital Planning Commission with respect to the Southeast Federal Center. (2) VISION PLAN. —^An agreement entered into under this section shall ensure that redevelopment of the Southeast Federal Center is consistent, to the extent practicable (as determined by the Administrator, in consultation with the National Capital Planning Commission), with the objectives of the National Capital Planning Commission's vision plan entitled "Extending the Legacy: Planning America's Capital in the 21st Century", adopted by the Commission in November 1997. (g) RELATIONSHIP TO OTHER LAWS. — (1) IN GENERAL. —^The authority of the Administrator under this section shall not be subject to—

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