Pub. L. 103-160, div. B, tit. XXIX, subtit. A, sec. 2906
AUTHORITY TO LEASE CERTAIN PROPERTY AT INSTALLATIONS TO BE CLOSED.
SEC. 2906. AUTHORITY TO LEASE CERTAIN PROPERTY AT INSTALLATIONS TO BE CLOSED. (a) Lease Authority.—Subsection (f) of section 2667 of title 10, United States Code, is amended to read as follows: “(f)(1) Notwithstanding subsection (a)(3), pending the final disposition of real property and personal property located at a military installation to be closed or realigned under a base closure law, the Secretary of the military department concerned may lease the property to any individual or entity under this subsection if the Secretary determines that such a lease would facilitate State or local economic adjustment efforts. “(2) Notwithstanding subsection (b)(4), the Secretary concerned may accept consideration in an amount that is less than the fair market value of the lease interest if the Secretary concerned determines that— “(A) a public interest will be served as a result of the lease; and “(B) the fair market value of the lease is (i) unobtainable, or (ii) not compatible with such public benefit. “(3) Before entering into any lease under this subsection, the Secretary shall consult with the Administrator of the Environmental Protection Agency in order to determine whether the environmental condition of the property proposed for leasing is such that the lease of the property is advisable. The Secretary and the Administrator shall enter into a memorandum of understanding setting forth procedures for carrying out the determinations under this paragraph.”. (b) Definition.—Such section is further amended by adding at the end the following new subsection: 107 STAT. 1921 “(g) In this section, the term ‘base closure law’ means each of the following: “(1) 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). “(2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). “(3) Section 2687 of this title”.