Pub. L. 104-106, div. B, tit. XXVIII, subtit. D, pt. II, sec. 2870
LAND CONVEYANCE, NAVY PROPERTY, FORT SHERIDAN, ILLINOIS.
SEC. 2870. LAND CONVEYANCE, NAVY PROPERTY, FORT SHERIDAN, ILLINOIS. (a) Conveyance Authorized.— Subject to subsection (b), the Secretary of the Navy may convey to any transferee selected under subsection (i) all right, title, and interest of the United States in and to a parcel of real property (including any improvements thereon) at Fort Sheridan, Illinois, consisting of approximately 182 acres and comprising the Navy housing areas at Fort Sheridan. (b) Requirement for Federal Screening of Property.— The Secretary may not carry out the conveyance of property authorized by subsection (a) unless the Secretary determines that no department or agency of the Federal Government will accept the transfer of the property (c) Consideration.— (1) As consideration for the conveyance under subsection (a), the transferee selected under subsection (i) shall— (A) convey to the United States a parcel of real property that meets the requirements of subsection (d); (B) design for and construct on the property conveyed under subparagraph (A) such housing facilities (including support facilities and infrastructure) to replace the housing facilities conveyed pursuant to the authority in subsection (a) as the Secretary considers appropriate; (C) pay the cost of relocating members of the Armed Forces residing in the housing facilities located on the real property conveyed pursuant to the authority in subsection (a) to the housing facilities constructed under subparagraph (B); (D) provide for the education of dependents of such members under subsection (e); and (E) carry out such activities for the operation, maintenance, and improvement of the facilities constructed under subparagraph (B) as the Secretary and the transferee jointly determine appropriate. 110 STAT. 580 (2) The Secretary shall ensure that the fair market value of the consideration provided by the transferee under paragraph (1) is not less than the fair market value of the property interest conveyed by the Secretary under subsection (a). (d) Requirements Relating to Property To Be Conveyed to United States.— The property interest conveyed to the United States under subsection (c)(1)(A) by the transferee selected under subsection (i) shall— (1) be located not more than 25 miles from the Great Lakes Naval Training Center, Illinois; (2) be located in a neighborhood or area having social and economic conditions similar to the social and economic conditions of the area in which Fort Sheridan is located; and (3) be acceptable to the Secretary. (e) Education of Dependents of Members of the Armed Forces.— In providing for the education of dependents of members of the Armed Forces under subsection (c)(1)(D), the transferee selected under subsection (i) shall ensure that such dependents may enroll at the schools of one or more school districts in the vicinity of the real property conveyed to the United States under subsection (c)(1)(A) which schools and districts— (1) meet such standards for schools and school districts as the Secretary shall establish; and (2) will continue to meet such standards after the enrollment of such dependents regardless of the receipt by such school districts of Federal impact aid. (f) Interim Relocation of Members of the Armed Forces.— Pending completion of the construction of all the housing facilities proposed to be constructed under subsection (c)(1)(B) by the transferee selected under subsection (i), the Secretary may relocate— (1) members of the Armed Forces residing in housing facilities located on the property to be conveyed pursuant to the authority in subsection (a) to the housing facilities that have been constructed by the transferee under such subsection (c)(1)(B); and (2) other Government tenants located on such property to other facilities. (g) Applicability of Certain Agreements.— The property conveyed by the Secretary pursuant to the authority in subsection (a) shall be subject to the Memorandum of Understanding concerning the Transfer of Certain Properties at Fort Sheridan, Illinois, dated August 8, 1991, between the Department of the Army and the Department of the Navy. (h) Determination of Fair Market Value.— The Secretary shall determine the fair market value of the real property interest to be conveyed under subsection (a) and of the consideration to be provided under subsection (c)(1). Such determination shall be final. (i) Selection of Transferee.— (1) The Secretary shall use competitive procedures for the selection of a transferee under subsection (a). (2) In evaluating the offers of prospective transferees, the Secretary shall— (A) consider such criteria as the Secretary considers to be appropriate to determine whether prospective transferees will be able to satisfy the consideration requirements specified in subsection (c)(1); and 110 STAT. 581 (B) consult with the communities and jurisdictions in the vicinity of Fort Sheridan (including the City of Lake Forest, the City of Highwood, and the City of Highland Park and the County of Lake, Illinois) in order to determine the most appropriate use of the property to be conveyed. (j) Descriptions of Property.— The exact acreage and legal descriptions of the real property to be conveyed by the Secretary under subsection (a) and the real property to be conveyed under subsection (c)(1)(A) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the transferee selected under subsection (i). (k) Additional Terms and Conditions.— The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.