Sec. 2816. LAND EXCHANGE VALUATION OF PROPERTY WITH REDUCED DEVELOPMENT THAT LIMITS ENCROACHMENT ON MILITARY INSTALLATIONS

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## SEC. 2816 LAND EXCHANGE VALUATION OF PROPERTY WITH REDUCED DEVELOPMENT THAT LIMITS ENCROACHMENT ON MILITARY INSTALLATIONS Subsection

(b)of section 2869 of title 10, United States Code, is amended to read as follows: > > ### “(b) Conditions on Conveyance Authority > > > ####

(1)> > The fair market value of the land to be obtained by the Secretary concerned under subsection

(a)in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the land is less than the fair market value of the real property to be conveyed, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values. > > > #### “(2) > > In the case of a conveyance of real property to a political subdivision of a State, the value of the real property to be conveyed by the Secretary concerned under subsection

(a)may exceed the fair market value of the land to be obtained, as determined under paragraph (1), by an amount not to exceed the reduction in value of the land which is attributable to voluntary zoning actions taken by such political subdivision to limit encroachment on a military installation, but only if the notice required by subsection (d)(2) contains— > > > ##### “(A) > > a certification by the Secretary concerned that the military value to the United States of the land to be acquired justifies a payment in excess of the fair market value; and > > > ##### “(B) > > a description of the military value to be obtained.” > .