Page:United States Statutes at Large Volume 116 Part 4.djvu/278

 116 STAT. 2706 PUBLIC LAW 107-314—DEC. 2, 2002 "(1) A State or political subdivision of a State. "(2) A private entity that has as its stated principal organizational purpose or goal the conservation, restoration, or preservation of land and natural resources, or a similar purpose or goal, as determined by the Secretary concerned. " (c) INAPPLICABILITY OF CERTAIN CONTRACT REQUIREMENTS.— Chapter 63 of title 31 shall not apply to any agreement entered into under this section. " (d) ACQUISITION AND ACCEPTANCE OF PROPERTY AND INTERESTS.—(1) An agreement with an eligible entity under this section may provide for— "(A) the acquisition by the entity of all right, title, and interest in and to any real property, or any lesser interest in the property, as may be appropriate for purposes of this section; and "(B) the sharing by the United States and the entity of the acquisition costs. "(2) Property or interests may not be acquired pursuant to the agreement unless the owner of the property or interests consents to the acquisition. "(3) The agreement shall require the entity to transfer to the United States, upon the request of the Secretary concerned, all or a portion of the property or interest acquired under the agreement or a lesser interest therein. The Secretary shall limit such transfer request to the minimum property or interests necessary to ensure that the property concerned is developed and used in a manner appropriate for purposes of this section. "(4) The Secretary concerned may accept on behalf of the United States any property or interest to be transferred to the United States under the agreement. "(5) For purposes of the acceptance of property or interests under the agreement, the Secretary concerned may accept an appraisal or title documents prepared or adopted by a non-Federal entity as satisfying the applicable requirements of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651) or section 3111 of title 40, if the Secretary concerned finds that the appraisal or title documents substantially comply with the requirements. "(e) ACQUISITION OF WATER RIGHTS. —The authority of the Secretary concerned to enter into an agreement under this section for the acquisition of real property (or an interest therein) includes the authority to support the purchase of water rights from any available source when necessary to support or protect the mission of a military installation. "(f) ADDITIONAL TERMS AND CONDITIONS. — The Secretary concerned may require such additional terms and conditions in an agreement under this section as the Secretary considers appropriate to protect the interests of the United States. "(g) FUNDING. —(1) Except as provided in paragraph (2), funds authorized to be appropriated for operation and maintenance of the Army, Navy, Marine Corps, Air Force, or Defense-wide activities may be used to enter into agreements under this section. "(2) In the case of a military installation operated primarily with funds authorized to be appropriated for research, development, test, and evaluation, funds authorized to be appropriated for the Army, Navy, Marine Corps, Air Force, or Defense-wide activities for research, development, test, and evaluation may be used to

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