Sec. 2804. Expansion of Department of Defense land exchange authority
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/bill/116/hr/6395/rh/section-2804·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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(1)of section 2869(a) of title 10, United States Code, is amended by striking the real property, to transfer and all that follows through the end of the paragraph and inserting the following: the real property— to transfer to the United States all right, title, and interest of the person in and to a parcel of real property, including any improvements thereon under the person’s control; to carry out a land acquisition, including the acquisition of all right, title, and interest or a lesser interest in real property under an agreement entered into under section 2684a of this title to limit encroachments and other constraints on military training, testing, and operations; or to provide installation-support services (as defined in 2679(e) of this title), a replacement facility, or improvements to an existing facility, as agreed upon between the Secretary concerned and the person. . Section 2869(a) of title 10, United States Code, is further amended by adding at the end the following new paragraph: The Secretary concerned may agree to accept a replacement facility or improvements to an existing facility under paragraph (1)(C) only if the Secretary concerned determines that the replacement 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. . Section 2869(b)(1) of title 10, United States Code, is amended— in the first sentence, by striking of the land to be and inserting of the real property, installation-support services, replacement 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, replacement facility, or improvements received by the Secretary . Section 2869 of title 10, United States Code, is amended by adding at the end the following new subsection: The acquisition of real property or an interest therein, a replacement facility, or improvements to an existing facility using the authority provided by this section shall not be treated as a military construction project for which an authorization is required by section 2802 of this title. . The amendments made by this section shall take effect on the date of the enactment of this Act, but the Secretary concerned (as defined in section 2801(c)(5) of title 10, United States Code) may not enter into any real estate transaction authorized by such amendments until after the date on which the Secretary of Defense issues final regulations providing for the implementation of such amendments by the Department of Defense.