Page:United States Statutes at Large Volume 116 Part 2.djvu/505

 PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1287 (2) CONSENT OF SECRETARY CONCERNED.—An interest in public lands, withdrawn or otherwise appropriated, shall not be transferred under this chapter without the prior consent of the Secretary of the Interior, or, with respect to lands in a national forest, of the Secretary of Agriculture. (3) PROCEDURES AND METHODS.—The Secretary of Defense shall carry out a transfer under this chapter in accordance with the procedures and methods required of the Administrator of General Services by section 545(a) and (b) of this title. (b) DOCUMENTS OF TITLE OR OTHER PROPERTY INTERESTS.— The head of the agency concerned (or a designee of the head) shall execute documents for the transfer of title or other interest in property, except any mineral rights in the property, and take other action that the Secretary of Defense decides is necessary or proper to transfer the property under this chapter. A copy of a deed, lease, or other instrument executed by or on behalf of the head of the agency concerned purporting to transfer title or another interest in public land shall be proAdded to the Secretary of the Interior. (c) SOLICITATION OF OFFERS TO PURCHASE CERTAIN FACILITIES. — In connection with soliciting offers to purchase long-lines facilities of the Alaska Communication System, the Secretary of Defense shall— (1) provide any prospective purchaser who requests it data on— (A) the facilities available for purchase; (B) the amounts considered to be the current fair and reasonable value of those facilities; and (C) the initial rates that will be charged to the purchaser for capacity in facilities retained by the Government and available for commercial use; (2) provide in the request for offers to purchase that offerors must specify the rates the offerors propose to charge for service and the improvements in service the offerors propose to initiate; (3) provide an opportunity for prospective purchasers to meet as a group with Department of Defense representatives to ensure that the data and public interest requirements described in clauses (1) and (2) are fully understood; and (4) seek the advice and assistance of the Federal Communications Commission and the Governor of Alaska (or a designee of the Governor) to ensure consideration of all public interest factors associated with the transfer. (d) APPLICABILITY OF ANTITRUST PROVISIONS. —The requirements of section 559 of this title apply to transfers under this chapter. § 17703. National defense considerations and qualification of transferee A transfer under this chapter shall not be made unless the Secretary of Defense determines that— (1) the Federal Government does not need to retain the property involved in the transfer for national defense purposes; (2) the transfer is in the public interest; (3) the person to whom the transfer is made is prepared and qualified to provide the communication service involved in the transfer without interruption; and (4) the long-lines communication facilities will not directly or indirectly be owned, operated, or controlled by a person

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