Sec. 105. Implementation
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In modernizing or realigning any facility of the Veterans Health Administration under this title, the Secretary may— take such actions as may be necessary to modernize or realign any such facility, including the alteration of such facilities, the acquisition of such land, the leasing or construction of such replacement facilities, the disposition of such land or facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from a facility of the Veterans Health Administration to another such facility, and may use for such purpose funds in the Account or funds appropriated to the Department of Veterans Affairs for such purposes; carry out activities for the purposes of environmental mitigation, abatement, or restoration at any such facility, and shall use for such purposes funds in the Account; provide outplacement assistance to employees employed by the Department of Veterans Affairs at facilities of the Veterans Health Administration being closed or realigned, and may use for such purpose funds in the Account or funds appropriated to the Department of Veterans Affairs for outplacement assistance to employees; reimburse other Federal agencies for actions performed at the request of the Secretary with respect to any such closure or realignment, and may use for such purpose funds in the Account or funds appropriated to the Department of Veterans Affairs and available for such purpose; and exercise the authority of the Secretary under subchapter V of chapter 81 of title 38, United States Code.
In carrying out any closure or realignment under this title, the Secretary, with regards to any property made excess to the needs of the Department of Veterans Affairs as a result of such closure or realignment, shall carry out, as soon as possible with funds available for such purpose, any of the following for which the Secretary is responsible: Environmental mitigation. Environmental abatement. Environmental restoration. Compliance with historic preservation requirements. To transfer or dispose of surplus real property or infrastructure located at any facility of the Veterans Health Administration that is modernized or realigned under this Act, the Secretary may exercise the authorities of the Secretary under subchapters I and II of chapter 81 of title 38, United States Code, or the authorities delegated to the Secretary by the Administrator of General Services under subchapter III of chapter 5 of title 40, United States Code.
Before any action may be taken with respect to the disposal of any surplus real property or infrastructure located at any facility of the Veterans Health Administration to be closed or realigned under this title, the Secretary of Veterans Affairs shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned. If infrastructure or a facility of the Veterans Health Administration to be closed or realigned under this title includes a road used for public access through, into, or around the facility, the Secretary— shall consult with the Government of the State and the heads of the local governments concerned for the purpose of considering the continued availability of the road for public use after the recommended action is complete; and may exercise the authority of the Secretary under section 8108 of title 38, United States Code.
The Secretary may transfer title to a facility of the Veterans Health Administration approved for closure or realignment under this title (including property at a facility of the Veterans Health Administration approved for realignment which will be retained by the Department of Veterans Affairs or another Federal agency after realignment) to the redevelopment authority for the facility if the redevelopment authority agrees to lease, directly upon transfer, one or more portions of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government.
A lease under clause
(i)shall be for a term of not to exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned. A lease under clause
(i)may not require rental payments by the United States. A lease under clause
(i)shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or another department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevelopment authority concerned. Notwithstanding clause (iii), if a lease under clause
(i)involves a substantial portion of the facility, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority’s assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the transferred property. Facility services and common area maintenance covered by the lease shall not include— municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or firefighting or security-guard functions. The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ) shall apply to any transfer of real property under this paragraph. The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States. Nothing in this title shall limit or otherwise affect the application of the provisions of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq.) to facilities of the Veterans Health Administration closed under this title. The provisions of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) shall not apply to the actions of the President, the Commission, and, except as provided in paragraph (2), the Department of Veterans Affairs in carrying out this title. The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the Department of Veterans Affairs under this title— during the process of property disposal; and during the process of relocating functions from a facility of the Veterans Health Administration being closed or realigned to another facility after the receiving facility has been selected but before the functions are relocated. In applying the provisions of the National Environmental Policy Act of 1969 to the processes referred to in subparagraph (A), the Secretary shall not have to consider— the need for closing or realigning the facility of the Veterans Health Administration as recommended by the Commission; the need for transferring functions to any facility of the Veterans Health Administration which has been selected as the receiving facility; or facilities of the Veterans Health Administration alternative to those recommended or selected. The Secretary may close or realign facilities of the Veterans Health Administration under this title without regard to any provision of law restricting the use of funds for closing or realigning facilities of the Veterans Health Administration included in any appropriation or authorization Act. The Secretary may close or realign facilities of the Veterans Health Administration under this title without regard to the restrictions of section 8110 of title 38, United States Code. Subject to paragraph
(2)of this subsection and section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ), the Secretary may enter into an agreement to transfer by deed a facility of the Veterans Health Administration with any person who agrees to perform all environmental restoration, waste management, and environmental compliance activities that are required for the property or facilities under Federal and State laws, administrative decisions, agreements (including schedules and milestones), and concurrences. The Secretary may require any additional terms and conditions in connection with an agreement authorized by subparagraph
(A)as the Secretary considers appropriate to protect the interests of the United States. A transfer of a facility of the Veterans Health Administration may be made under paragraph
(1)only if the Secretary certifies to Congress that— the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the Secretary with respect to the facility of the Veterans Health Administration are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the Secretary; or if such costs are lower than the fair market value of the facility of the Veterans Health Administration, the recipient of such transfer agrees to pay the difference between the fair market value and such costs. In the case of a facility of the Veterans Health Administration covered by a certification under paragraph (2)(A), the Secretary may pay the recipient of such facility an amount equal to the lesser of— the amount by which the costs incurred by the recipient of the facility of the Veterans Health Administration for all environmental restoration, waste, management, and environmental compliance activities with respect to such facility exceed the fair market value of such property as specified in such certification; or the amount by which the costs (as determined by the Secretary) that would otherwise have been incurred by the Secretary for such restoration, management, and activities with respect to such facility of the Veterans Health Administration exceed the fair market value of property as so specified. As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the facility of the Veterans Health Administration will be transferred any information of the Secretary regarding the environmental restoration, waste management, and environmental compliance activities described in paragraph
(1)that relate to the facility of the Veterans Health Administration. The Secretary shall provide such information before entering into the agreement. Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.).
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