MODIFICATION OF LAND EXCHANGE, SAN DIEGO, CALIFORNIA.

SEC. 2831. MODIFICATION OF LAND EXCHANGE, SAN DIEGO, CALIFORNIA. Section 837 of the Military Construction Authorization Act, 1985 (Public Law 98–407; 98 Stat. 1529) is amended— (1) in subsection (a) by striking out “or the San Diego Energy Recovery Project, a joint powers agency of the city and county of San Diego (hereinafter in this section referred to as ‘SANDER’),”; (2) by striking out subsection (c); (3) by redesignating subsections (d) and (e) as subsections (e) and (f); (4) by inserting after subsection (b) the following new subsections: “(c) Alternative Consideration.— (1) In lieu of the 120 acres of land referred to in subsection (b) as consideration for the conveyance under subsection (a), the Secretary of the Navy may permit the City to convey to the Secretary— “(A) other real property suitable for use, as determined by the Secretary, for military family housing; “(B) an amount equal to the fair market value of the parcel conveyed under subsection (a), as determined by the Secretary; or “(C) a combination of real property and cash. “(2) The Secretary may permit the alternative conveyance under paragraph (1) only if the Secretary determines that the City will use the 120 acres of land for purposes associated with the clean water program of the City that are compatible with the mission and operations of the adjacent Naval Air Station, Miramar. “(d) Fair Market value; Use of Proceeds.— The total value of the consideration to be provided to the United States under subsections (b) and (c) shall be at least equal to the fair market value of the lands conveyed under subsection (a), as determined by the Secretary of the Navy. The City shall pay any difference to the United States. Subject to the availability of appropriations for this purpose, the Secretary may use any amounts paid under this section solely for the purpose of acquiring in the San Diego area a suitable site for, or constructing or acquiring by direct purchase, military family housing. Any funds received by the Secretary under this section and not used within 30 months after receipt shall be deposited into the special account established pursu-106 STAT. 2612ant to section 204(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(h)).”; and (5) in subsection (e), as redesignated by paragraph (3), by striking out “or SANDER or by the City and SANDER”.