Page:United States Statutes at Large Volume 115 Part 2.djvu/328

 115 STAT. 1312 PUBLIC LAW 107-107—DEC. 28, 2001 (b) 1990 LAW. —Section 2905(b)(4)(E) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the end the following new clause: "(v) Notwithstanding clause (iii), if a lease under clause (i) involves a substantial portion of the installation, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authoritys assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the transferred property. Facility services and common area maintenance covered by the lease shall not include— "(I) municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or "(II) firefighting or security-guard functions.". Subtitle D—Land Conveyances PART I—ARMY CONVEYANCES SEC. 2831. LAND CONVEYANCE, WHITTIER-ANCHORAGE PIPELINE TANK FARM, ANCHORAGE, ALASKA. (a) CONVEYANCE AUTHORIZED. — The Secretary of the Army may convey to the Port of Anchorage, an entity of the Municipality of Anchorage, Alaska (in this section referred to as the "Port"), all right, title, and interest of the United States in and to two adjoining parcels of real property, including any improvements thereon, consisting of approximately 48 acres in Anchorage, Alaska, which are known as the Whittier-Anchorage Pipeline Tank Farm, for the purpose of permitting the Port to use the parcels for economic development. (b) CONSIDERATION.— As consideration for the conveyance under subsection (a), the Port shall pay to the United States an amount, in cash or in-kind, equal to not less than the fair market value of the conveyed property, as determined by the Secretary, The Secretary may authorize the Port to carry out, as in-kind consideration, environmental remediation activities for the property to be conveyed. (c) TIME FOR CONVEYANCE.— The Secretary may delay the conveyance under subsection (a) until such time as the Army studies relating to the Alaska deployment of the Interim Brigade Combat Team in Alaska are completed. (d) DESCRIPTION OF PROPERTY. — The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Port. (e) ADDITIONAL TERMS AND CONDITIONS. — The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. SEC. 2832. LEASE AUTHORITY, FORT DERUSSY, HAWAII. (a) LEASE AUTHORIZED. —Notwithstanding section 809 of the Military Construction Authorization Act, 1968 (Public Law 90-

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