Sec. 2831. Authorization to acquire through exchange or lease certain land used by the Armed Forces in Hawaii
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The Secretary of each military department may acquire through exchange, upon such terms and conditions as the Secretary concerned determines appropriate, all right, title, and interest in any land, or any portion thereof, that is, as of the date of the enactment of this Act— leased by the military department concerned from the State of Hawaii; or owned by the State of Hawaii and subject to an easement benefitting the military department concerned. To acquire land under paragraph (1), the Secretary concerned may— exchange right, title, and interest in land under the jurisdiction and control of the Secretary concerned, or under the jurisdiction and control of the Secretary of another military department with the consent of the Secretary concerned, located in the State of Hawaii; and convey such land and interests therein necessary to effect such an exchange.
The exact acreage and legal description of any land or interests in land to be exchanged under paragraph
(1)shall be determined by a survey satisfactory to the Secretary concerned. Land acquired through exchange by the Secretary concerned under paragraph
(1)shall be administered by the Secretary concerned. Notwithstanding section 2869 of title 10, United States Code, the fair market value of the land conveyed by the Secretary concerned under paragraph
(2)may exceed the fair market value of the land acquired by the Secretary concerned under paragraph
(1)if the Secretary concerned determines that it is in the public interest. Subject to clause (ii), if the fair market value of the land and interests in land to be acquired under paragraph (1), as determined by the Secretary concerned, is greater than fair market value of the land and interests in land to be conveyed under paragraph (2), the Secretary concerned may use funds made available to the Secretary concerned on or after the date of the enactment of this Act for military construction to provide payment or in-kind consideration to the State of Hawaii in the amount of the difference in value. The amount of any payment or in-kind consideration provided under clause
(i)may not exceed $2,500,000. In-kind consideration provided under clause
(i)may include services or provision of real property of the United States. If the Secretary concerned determines that exchange under subsection
(a)is not appropriate or in the best interests of the military department concerned, the Secretary concerned may lease, upon such terms and conditions as the Secretary concerned determines appropriate, any land, or any portion thereof, that is, as of the date of the enactment of this Act— leased by the military department concerned from the State of Hawaii; or owned by the State of Hawaii and subject to an easement benefitting the military department concerned. A lease entered into under paragraph
(1)may provide for a lease term of not more than 25 years, with options that extend the term to a total period of not more than 50 years. The Secretary concerned may make rental payments under a lease entered into under paragraph
(1)that exceed fair market value of the land to be leased, as determined by the Secretary concerned, if the Secretary concerned determines that such payments are in the public interest. A lease entered into under paragraph
(1)may authorize the payment of rent in advance. The Secretary concerned may provide for payment or in-kind consideration to the State of Hawaii as consideration for a lease entered into under paragraph (1). In-kind consideration provided under clause
(i)may include services or provision of real property of the United States. The costs associated with the early termination of a lease entered into under paragraph
(1)may be paid from— authorizations available at the time the lease was executed; authorizations available at the time the United States terminates the lease; or any combination thereof. The authority to convey land and interests therein under this section is exempt from any screening process required under section 2696(b) of title 10, United States Code. The authority to enter into any agreement for lease or acquisition through exchange under this section, except for lease extensions, shall expire on December 31, 2031.