§ 8162. Enhanced-use leases

2,504 words·~11 min read·/usc/title-38/section-8162

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(1)The Secretary may in accordance with this subchapter enter into leases with respect to real property that is under the jurisdiction or control of the Secretary. Any such lease under this subchapter may be referred to as an “enhanced-use lease”. The Secretary may dispose of any such property that is leased to another party under this subchapter in accordance with section 8164 of this title. The Secretary may exercise the authority provided by this subchapter notwithstanding section 8122 of this title, subchapter II of chapter 5 of title 40, sections 541–555 and 1302 of title 40, or any other provision of law (other than Federal laws relating to environmental and historic preservation) inconsistent with this section. The applicability of this subchapter to section 421(b) of the Veterans’ Benefits and Services Act of 1988 (Public Law 100–322; 102 Stat. 553) is covered by subsection (c).

(A)The Secretary may enter into an enhanced-use lease on or after the date of the enactment of this paragraph only if the Secretary determines—

(i)that the lease will not be inconsistent with, and will not adversely affect—

(I)the mission of the Department; or

(II)the operation of facilities, programs, and services of the Department in the area of the leased property; and

(ii)that—

(I)the lease will enhance the use of the leased property by directly or indirectly benefitting veterans; or

(II)the leased property will provide supportive housing.

(B)The Secretary shall give priority to enhanced-use leases that, on the leased property—

(i)provide supportive housing for veterans;

(ii)provide direct services or benefits targeted to veterans; or

(iii)provide services or benefits that indirectly support veterans.

(3)The provisions of sections 3141–3144, 3146, and 3147 of title 40 shall not, by reason of this section, become inapplicable to property that is leased to another party under an enhanced-use lease.

(4)A property that is leased to another party under an enhanced-use lease may not be considered to be unutilized or underutilized for purposes of section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).

(1)If the Secretary has determined that a property should be leased to another party through an enhanced-use lease, the Secretary shall, at the Secretary’s discretion, select the party with whom the lease will be entered into using such selection procedures as the Secretary considers appropriate.

(2)The term of an enhanced-use lease may not exceed 99 years.

(A)For any enhanced-use lease entered into by the Secretary, the lease consideration provided to the Secretary shall consist solely of cash at fair value as determined by the Secretary.

(B)The Secretary shall receive no other type of consideration for an enhanced-use lease besides cash.

(C)The Secretary may enter into an enhanced-use lease without receiving consideration.

(D)The Secretary may not waive or postpone the obligation of a lessee to pay any consideration under an enhanced-use lease, including monthly rent.

(4)The terms of an enhanced-use lease may provide for the Secretary to use minor construction funds for capital contribution payments.

(5)The terms of an enhanced-use lease may not provide for any acquisition, contract, demonstration, exchange, grant, incentive, procurement, sale, other transaction authority, service agreement, use agreement, lease, or lease-back by the Secretary or Federal Government.

(6)The Office of Management and Budget shall review each enhanced-use lease before the lease goes into effect to determine whether the lease is in compliance with paragraph (5).

(c)The entering into an enhanced-use lease covering any land or improvement described in section 421(b)(2) of the Veterans’ Benefits and Services Act of 1988 (Public Law 100–322; 102 Stat. 553) or section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008, other than an enhanced-use lease under the Los Angeles Homeless Veterans Leasing Act of 2016, shall be considered to be prohibited by such sections unless specifically authorized by law.

(1)Nothing in this subchapter authorizes the Secretary to enter into an enhanced-use lease that provides for, is contingent upon, or otherwise authorizes the Federal Government to guarantee a loan made by a third party to a lessee for purposes of the enhanced-use lease.

(2)Nothing in this subchapter shall be construed to abrogate or constitute a waiver of the sovereign immunity of the United States with respect to any loan, financing, or other financial agreement entered into by the lessee and a third party relating to an enhanced-use lease.

(Added Pub. L. 102–86, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 417; amended Pub. L. 106–117, title II, § 208(a), (b), Nov. 30, 1999, 113 Stat. 1567; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 107–95, § 10(b), Dec. 21, 2001, 115 Stat. 920; Pub. L. 107–217, § 3(j)(5), Aug. 21, 2002, 116 Stat. 1300; Pub. L. 108–178, § 4(i)(1), Dec. 15, 2003, 117 Stat. 2642; Pub. L. 110–161, div. I, title II, § 224(c), Dec. 26, 2007, 121 Stat. 2272; Pub. L. 112—154, title II, § 211(b)(1), (c)(1), (d), Aug. 6, 2012, 126 Stat. 1180, 1181;

Pub. L. 114–58, title VI, § 601(25), Sept. 30, 2015, 129 Stat. 539; Pub. L. 114–226, §§ 2(m)(2)—3(b), Sept. 29, 2016, 130 Stat. 930; Pub. L. 115–182, title II, § 212, June 6, 2018, 132 Stat. 1461; Pub. L. 117–168, title VII, § 705(a), (b), Aug. 10, 2022, 136 Stat. 1799, 1800.)

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