Page:United States Statutes at Large Volume 117.djvu/1739

 117 STAT. 1720

Reports.

Federal Register, publication.

VerDate 11-MAY-2000

10:15 Aug 27, 2004

PUBLIC LAW 108–136—NOV. 24, 2003

‘‘(b) CONDITIONS ON CONVEYANCE AUTHORITY.—The fair market value of the military construction, military family housing, or military unaccompanied housing to be obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the military construction, military family housing, or military unaccompanied housing is less than the fair market value of the real property to be conveyed, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values. ‘‘(c) PILOT PROGRAM FOR USE OF AUTHORITY.—(1) To the maximum extent practicable, the Secretary of each military department shall use the conveyance authority provided by subsection (a) at least once before December 31, 2004, for the purposes specified in such subsection. ‘‘(2) The value of the consideration received by the Secretary concerned in a conveyance carried out under this subsection shall not be less than $1,000,000. ‘‘(3) In the case of the report required under subsection (f) to be submitted in 2005, the Secretary of Defense shall include the following: ‘‘(A) A description of the conveyances carried out or proposed under this subsection. ‘‘(B) A description of the procedures utilized to enter into any agreements for the conveyance of property under this subsection. ‘‘(C) An assessment of the utility of such procedures for the disposal of property at military installations closed or realigned under the base closure laws, and for securing services described in subsection (a), including an assessment of any time saved and cost-savings achieved as a result of the use of the conveyance authority provided by this section. ‘‘(D) An assessment of private sector interest in the use of the conveyance authority provided by this section. ‘‘(E) A description of the projects for which the Secretary concerned considered using the conveyance authority provided by this section, but did not do so, and an explanation of the decision. ‘‘(d) ADVANCE NOTICE OF USE OF AUTHORITY.—(1) Notice of the proposed use of the conveyance authority provided by subsection (a) shall be provided in such manner as the Secretary of Defense may prescribe, including publication in the Federal Register and otherwise. When real property located at a military installation closed or realigned under the base closure laws is to be conveyed by means of a public sale, the Secretary concerned may notify prospective purchasers that consideration for the property may be provided in the manner authorized by such subsection. ‘‘(2) The Secretary concerned may not enter into an agreement under subsection (a) for the conveyance of real property until— ‘‘(A) the Secretary submits to Congress notice of the conveyance, including the military construction activities, military family housing, or military unaccompanied housing to be obtained in exchange for the conveyance; and ‘‘(B) a period of 14 days expires beginning on the date on which the notice is submitted.

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