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Code · BILL · 116th Congress · H.R. 6395 (Enrolled) — To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military c... · Sec. 2862

Sec. 2862. Department of Defense pilot program to evaluate expansion of land exchange authority

382 words·~2 min read·/bill/116/hr/6395/enr/section-2862·

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Section 2869(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: The Secretary of Defense shall establish a pilot program under which the Secretary concerned, during the term of the pilot program, may use the authority provided by paragraph
(1)to also convey real property, including any improvements thereon, described in paragraph
(2)to any person who agrees, in exchange for the real property, to provide— installation-support services (as defined in 2679(e) of this title); or a new facility or improvements to an existing facility. The acquisition of a facility or improvements to an existing facility using the authority provided by subparagraph
(A)shall not be treated as a military construction project for which an authorization is required by section 2802 of this title. The expanded conveyance authority provided by subparagraph
(A)applies only during the five-year period beginning on the date on which the Secretary of Defense issues guidance regarding the use by the Secretaries concerned of such authority. . Section 2869(b) of title 10, United States Code, is amended— in paragraph (1)— in the first sentence, by striking of the land to be and inserting of the real property, installation-support services, or facility or improvements to an existing facility ; and in the second sentence, by striking of the land is less than the fair market value of the real property to be conveyed and inserting of the real property conveyed by the Secretary concerned exceeds the fair market value of the real property, installation-support services, or facility or improvements received by the Secretary ; and by adding at the end the following new paragraph: The Secretary concerned may agree to accept a facility or improvements to an existing facility under subsection (a)(3) only if the Secretary concerned determines that the facility or improvements— are completed and usable, fully functional, and ready for occupancy; satisfy all operational requirements; and meet all Federal, State, and local requirements applicable to the facility relating to health, safety, and the environment. . Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance providing for the implementation of the pilot program required by section 2869(a)(3) of title 10, United States Code, as added by this section.
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