CONVEYANCE OF PROPERTY AT MILITARY INSTALLATIONS CLOSED OR REALIGNED TO SUPPORT MILITARY CONSTRUCTION.

SEC. 2805. CONVEYANCE OF PROPERTY AT MILITARY INSTALLATIONS CLOSED OR REALIGNED TO SUPPORT MILITARY CONSTRUCTION.(a) In General.—(1) Subchapter III of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:“§ 2869. Conveyance of property at military installations closed or realigned to support military construction“(a) Conveyance Authorized; Consideration.—The Secretary concerned may enter into an agreement to convey real property, including any improvements thereon, located on a military installation that is closed or realigned under a base closure law to any person who agrees, in exchange for the real property—“(1) to carry out a military construction project or land acquisition; or“(2) to transfer to the Secretary concerned housing that is constructed or provided by the person and located at or near a military installation at which there is a shortage of suitable military family housing, military unaccompanied housing, or both.117 STAT. 1720“(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.117 STAT. 1721“(e) Deposit of Funds.—The Secretary concerned may deposit funds received under subsection (b) in the Department of Defense housing funds established under section 2883(a) of this title.“(f) Annual Report.—In the budget materials submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31, the Secretary of Defense shall include a report detailing the following:“(1) The extent to which the Secretaries concerned used the authority provided by subsection (a) during the preceding fiscal year to convey real property in exchange for military construction and military housing, including the total value of the real property that was actually conveyed during such fiscal year using such authority and the total value of the military construction and military housing services obtained in exchange.“(2) The plans for the use of such authority for the current fiscal year, the fiscal year covered by the budget, and the period covered by the current future-years defense program under section 221 of this title.“(3) The current inventory of unconveyed lands at military installations closed or realigned under a base closure law.“(g) Description of Property.—The exact acreage and legal description of real property conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary concerned.“(h) Additional Terms and Conditions.—The Secretary concerned may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.” .(2) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: “2869. Conveyance of property at military installations closed or realigned to support military construction.”. (b) Exception to Requirement for Authorization of Number of Housing Units.—Section 2822(b) of such title is amended by adding at the end the following new paragraph:“(6) Housing units constructed or provided under section 2869 of this title.”.(c) Conforming Amendment to Department of Defense Housing Funds.—Section 2883(c) of such title is amended—(1) in paragraph (1), by adding at the end the following new subparagraph:“(F) Any amounts that the Secretary concerned transfers to that Fund pursuant to section 2869 of this title.”; and(2) in paragraph (2), by adding at the end the following new subparagraph:“(F) Any amounts that the Secretary concerned transfers to that Fund pursuant to section 2869 of this title.”.(d) Conforming Repeals to Base Closure Laws.—(1) Section 204(e) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note) is repealed.(2) Section 2905(f) of 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) is repealed.117 STAT. 1722