Sec. 2. AUTHORITY TO ENTER INTO CERTAIN LEASES AT THE DEPARTMENT OF VETERANS AFFAIRS WEST LOS ANGELES CAMPUS
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## SEC. 2 AUTHORITY TO ENTER INTO CERTAIN LEASES AT THE DEPARTMENT OF VETERANS AFFAIRS WEST LOS ANGELES CAMPUS ###
(a)In general The Secretary of Veterans Affairs may carry out leases described in subsection
(b)at the Department of Veterans Affairs West Los Angeles Campus in Los Angeles, California (hereinafter in this section referred to as the “Campus”). ###
(b)Leases Described Leases described in this subsection are the following: ####
(1)Any enhanced-use lease of real property under subchapter V of chapter 81 of title 38, United States Code, for purposes of providing supportive housing, as that term is defined in section 8161(3) of such title, that principally benefit veterans and their families. Notwithstanding section 8162(b)(2) of such title, the term of such an enhanced-use lease at the Campus may not exceed 99 years. ####
(2)Any lease of real property for a term not to exceed 50 years to a third party to provide services that principally benefit veterans and their families and that are limited to one or more of the following purposes: #####
(A)The promotion of health and wellness, including nutrition and spiritual wellness. #####
(B)Education. #####
(C)Vocational training, skills building, or other training related to employment. #####
(D)Peer activities, socialization, or physical recreation. #####
(E)Assistance with legal issues and Federal benefits. #####
(F)Volunteerism. #####
(G)Family support services, including child care. #####
(H)Transportation. #####
(I)Services in support of one or more of the purposes specified in subparagraphs
(A)through (H). ####
(3)A lease of real property for a term not to exceed 10 years to The Regents of the University of California, a corporation organized under the laws of the State of California, on behalf of its University of California, Los Angeles
(UCLA)campus (hereinafter in this section referred to as “The Regents”), if— #####
(A)the lease is consistent with the master plan described in subsection (g); #####
(B)the provision of services to veterans is the predominant focus of the activities of The Regents at the Campus during the term of the lease; #####
(C)The Regents expressly agrees to provide, during the term of the lease and to an extent and in a manner that the Secretary considers appropriate, additional services and support (for which The Regents is not compensated by the Secretary or through an existing medical affiliation agreement) that— ######
(i)principally benefit veterans and their families, including veterans that are severely disabled, women, aging, or homeless; and ######
(ii)may consist of activities relating to the medical, clinical, therapeutic, dietary, rehabilitative, legal, mental, spiritual, physical, recreational, research, and counseling needs of veterans and their families or any of the purposes specified in any of subparagraphs
(A)through
(I)of paragraph (2); and #####
(D)The Regents maintains records documenting the value of the additional services and support that The Regents provides pursuant to subparagraph
(C)for the duration of the lease and makes such records available to the Secretary. ###
(c)Limitation on Land-Sharing Agreements The Secretary may not carry out any land-sharing agreement pursuant to section 8153 of title 38, United States Code, at the Campus unless such agreement— ####
(1)provides additional health-care resources to the Campus; and ####
(2)benefits veterans and their families other than from the generation of revenue for the Department of Veterans Affairs. ###
(d)Land Use Revenues at the Campus ####
(1)In general Any land use revenues received by the Secretary shall be credited to the applicable Department medical facilities accounts or minor construction accounts and shall be available, without fiscal year limitation and without further appropriation, exclusively for any of the following: #####
(A)Supporting construction, maintenance, and services at the Campus relating to temporary or permanent supportive housing for homeless or at-risk veterans and their families. #####
(B)Renovating and maintaining the land and facilities at the Campus. #####
(C)Carrying out minor construction projects at the Campus. #####
(D)Carrying out community operations at the Campus that support the development of emergency shelter or supportive housing for homeless or at-risk veterans and their families. ####
(2)Land use revenue defined In this subsection, the term “land use revenue” means— #####
(A)any funds received by the Secretary under a lease described in subsection (b); #####
(B)to the extent specified in advance in an appropriations Act for a fiscal year, any funds received as compensation for an easement described in subsection (e); and #####
(C)any funds received as proceeds from any assets seized or forfeited, and any restitution paid, in connection with any third-party land use at the Campus. ###
(e)Easements ####
(1)In general Notwithstanding any other provision of law (other than Federal laws relating to environmental and historic preservation), pursuant to section 8124 of title 38, United States Code, the Secretary may grant easements or rights-of-way on, above, or under lands at the Campus to— #####
(A)any local or regional public transportation authority to access, construct, use, operate, maintain, repair, or reconstruct public mass transit facilities, including, fixed guideway facilities and transportation centers; and #####
(B)the State of California, County of Los Angeles, City of Los Angeles, or any agency or political subdivision thereof, or any public utility company (including any company providing electricity, gas, water, sewage, or telecommunication services to the public) for the purpose of providing such public utilities. ####
(2)Improvements Any improvements proposed pursuant to an easement or right-of-way authorized under paragraph
(1)shall be subject to such terms and conditions as the Secretary considers appropriate. ####
(3)Termination Any easement or right-of-way authorized under paragraph
(1)shall be terminated upon the abandonment or nonuse of the easement or right-of-way and all right, title, and interest in the land covered by the easement or right-of-way shall revert to the United States. ###
(f)Prohibition on Sale of Property Notwithstanding section 8164 of title 38, United States Code, the Secretary may not sell or otherwise convey to a third party fee simple title to any real property or improvements to real property made at the Campus. ###
(g)Consistency With Master Plan The Secretary shall ensure that each lease carried out under this section is consistent with the draft master plan approved by the Secretary on January 28, 2016, or successor master plans. ###
(h)Compliance With Certain Laws ####
(1)Laws relating to leases and land use If the Inspector General of the Department of Veterans Affairs determines, as part of an audit report or evaluation conducted by the Inspector General, that the Department is not in compliance with all Federal laws relating to leases and land use at the Campus, or that significant mismanagement has occurred with respect to leases or land use at the Campus, the Secretary may not enter into any new lease or land-sharing agreement at the Campus that is not in compliance with such laws, or renew any such lease or land-sharing agreement that is not in compliance with such laws, until the Secretary certifies to the Committees on Veterans’ Affairs of the Senate and House of Representatives, the Committees on Appropriations of the Senate and House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the Campus is located that all recommendations included in the audit report or evaluation have been implemented. ####
(2)Compliance of particular leases Except as otherwise expressly provided by this section, no lease may be entered into or renewed under this section unless the lease complies with chapter 33 of title 41, United States Code, and all Federal laws relating to environmental and historic preservation. ###
(i)Veterans and Community Oversight and Engagement Board ####
(1)In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a Veterans and Community Oversight and Engagement Board (in this subsection referred to as the “Board”) for the Campus to coordinate locally with the Department of Veterans Affairs to— #####
(A)identify the goals of the community and veteran partnership; #####
(B)provide advice and recommendations to the Secretary to improve services and outcomes for veterans, members of the Armed Forces, and the families of such veterans and members; and #####
(C)provide advice and recommendations on the implementation of the draft master plan approved by the Secretary on January 28, 2016, and on the creation and implementation of any successor master plans. ####
(2)Members The Board shall be comprised of a number of members that the Secretary determines appropriate, of which not less than 50 percent shall be veterans. The nonveteran members shall be family members of veterans, veteran advocates, service providers, real estate professionals familiar with housing development projects, or stakeholders. ####
(3)Community input In carrying out paragraph (1), the Board shall— #####
(A)provide the community opportunities to collaborate and communicate with the Board, including by conducting public forums on the Campus; and #####
(B)focus on local issues regarding the Department that are identified by the community, including with respect to health care, implementation of the draft master plan and any subsequent plans, benefits, and memorial services at the Campus. ###
(j)Notification and Reports ####
(1)Congressional notification With respect to each lease or land-sharing agreement intended to be entered into or renewed at the Campus, the Secretary shall notify the Committees on Veterans’ Affairs of the Senate and House of Representatives, the Committees on Appropriations of the Senate and House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the Campus is located of the intent of the Secretary to enter into or renew the lease or land-sharing agreement not later than 45 days before entering into or renewing the lease or land-sharing agreement. ####
(2)Annual report Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives, the Committees on Appropriations of the Senate and House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the Campus is located an annual report evaluating all leases and land-sharing agreements carried out at the Campus, including— #####
(A)an evaluation of the management of the revenue generated by the leases; #####
(B)an assessment of— ######
(i)the manner in which such revenue is expended; and ######
(ii)the direct benefits such expenditures provide to veterans; and #####
(C)the records described in subsection (b)(3)(D). ####
(3)Inspector general report #####
(A)In general Not later than each of two years and five years after the date of the enactment of this Act, and as determined necessary by the Inspector General of the Department of Veterans Affairs thereafter, the Inspector General shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Appropriations of the Senate and House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the Campus is located a report on all leases carried out at the Campus and the management by the Department of the use of land at the Campus, including an assessment of the efforts of the Department to implement the master plan described in subsection
(g)with respect to the Campus. #####
(B)Consideration of annual report In preparing each report required by subparagraph (A), the Inspector General shall take into account the most recent report submitted to Congress by the Secretary under paragraph (2). ###
(k)Rule of Construction Nothing in this section shall be construed as a limitation on the authority of the Secretary to enter into other agreements regarding the Campus that are authorized by law and not inconsistent with this section. ###
(l)Principally Benefit Veterans and Their Families Defined In this section the term “principally benefit veterans and their families”, with respect to services provided by a person or entity under a lease of property or land-sharing agreement— ####
(1)means services— #####
(A)provided exclusively to veterans and their families; or #####
(B)that are designed for the particular needs of veterans and their families, as opposed to the general public, and any benefit of those services to the general public is distinct from the intended benefit to veterans and their families; and ####
(2)excludes services in which the only benefit to veterans and their families is the generation of revenue for the Department of Veterans Affairs. ###
(m)Conforming Amendments ####
(1)Prohibition on disposal of property Section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2272) is amended by striking “The Secretary of Veterans Affairs” and inserting “Except as authorized under the Los Angeles Homeless Veterans Leasing Act of 2016, the Secretary of Veterans Affairs”. ####
(2)Enhanced-use leases Section 8162(c) of title 38, United States Code, is amended by inserting “, other than an enhanced-use lease under the Los Angeles Homeless Veterans Leasing Act of 2016,” before “shall be considered”.
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- Pub. L. 110-161
- 121 Stat. 2272
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Sec. 2
AUTHORITY TO ENTER INTO CERTAIN LEASES AT THE DEPARTMENT OF VETERANS AFFAIRS WEST LOS ANGELES CAMPUS
Pub. L.Pub. L. 110-161
Stat.121 Stat. 2272
Cites 2Cited by 0 across 0 sources