§ 14. IMPLEMENTATION OF BOARD RECOMMENDATIONS.

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Deadlines.— Preparation .— Federal agencies shall— not later than 60 days after the Director of OMB transmits the Board’s recommendations to Congress pursuant to paragraph

(1)or

(4)of section 13(c), immediately begin preparations to carry out the Board’s recommendations; and not later than 2 years after such transmittal, initiate all activities necessary to carry out the Board’s recommendations. Completion .— Not later than 6 years after the Director of OMB transmits the Board’s recommendations to Congress pursuant to paragraph

(1)or

(4)of section 13(c), Federal agencies shall complete all recommended actions. All actions shall be economically beneficial, cost neutral, or otherwise favorable to the Government. Extenuating circumstances .— For actions that will take longer than the 6-year period described in paragraph

(2)due to extenuating circumstances, Federal agencies shall notify the Director of OMB and Congress, as soon as the extenuating circumstance presents itself, with an estimated time to complete the relevant action. Actions of Federal Agencies Related to Civilian Real Properties .— In taking actions related to any civilian real property under this Act, Federal agencies may take, pursuant to subsection (c), all such necessary and proper actions, including— acquiring land, constructing replacement facilities, performing such other activities, and conducting advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property; reimbursing other Federal agencies for actions performed at the request of the Board; and taking such actions as are practicable to maximize the value of Federal civilian real property to be sold by clarifying zoning and other limitations on use of such property. Actions of Federal Agencies To Implement Board Recommendations.— Use of existing legal authorities.— In general .— Except as provided in paragraph (2), when acting on a recommendation of the Board, a Federal agency shall— in consultation with the Administrator, continue to act within the Federal agency’s existing legal authorities, including legal authorities delegated to the Federal agency by the Administrator; or work in partnership with the Administrator to carry out such actions. Necessary and proper actions .— The Administrator may take such necessary and proper actions, including the sale, conveyance, or exchange of civilian real property, as required to implement the Board’s recommendations in the time period required under subsection (a). Experts .— A Federal agency may enter into no cost, nonappropriated contracts for expert commercial real estate services to carry out the Federal agency’s responsibilities pursuant to the recommendations. Discretion of Administrator Regarding Transactions .— For any transaction identified, recommended, or commenced as a result of this Act, any otherwise required legal priority given to, or requirement to enter into, a transaction to convey a Federal civilian real property for less than fair market value, for no consideration at all, or in a transaction that mandates the exclusion of other market participants, shall be at the discretion of the Administrator. Relationship to Other Laws .— Any recommendation or commencement of a sale, disposal, consolidation, reconfiguration, co-location, or realignment of civilian real property under this Act shall not be subject to— section 545(b)(8) of title 40 , United States Code; sections 550, 553, and 554 of title 40, United States Code; any section of the Act entitled ‘An Act Authorizing the transfer of certain real property for wildlife, or other purposes’ ( 16 U.S.C. 667b ); section 47151 of title 49 , United States Code; sections 107 and 317 of title 23, United States Code; section 1304(b) of title 40 , United States Code; section 13(d) of the Surplus Property Act of 1944 [ act Oct. 3, 1944, ch. 479 ] (50 U.S.C. App. 1622(d) [now 40 U.S.C. 545 note]); any other provision of law authorizing the conveyance of real property owned by the Government for no consideration; and any congressional notification requirement other than that in section 545 of title 40 , United States Code. Public Benefit.— Submission of information to hud .— The Director of OMB shall submit to the Secretary of HUD, on the same day the Director of OMB submits the Board’s recommendations to Congress pursuant to paragraphs

(1)and

(4)of section 13(c), all known information on Federal civilian real properties that are included in the recommendations (except those recommended under section 12(b)). HUD to report to board .— Not later than 30 days after the submission of information on Federal properties under paragraph (1), the Secretary shall identify any suitable civilian real properties for use as a property benefiting the mission of assistance to the homeless for the purposes of further screening pursuant to section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ). Additional authority .— Following the review under paragraph (2), with respect to a civilian real property that is not identified by the Secretary as suitable for use as a property benefiting the mission of assistance to the homeless and that has been recommended for sale by the Board, the Director of OMB may exclude the property from the Board’s recommendations if the Director determines that the property is suitable for use as a public park or recreation area by a State or local government and it is in the best interest of taxpayers. Environmental Considerations.— Transfers of real property.— In general .— When implementing the recommended actions for civilian real properties that have been identified in the Board’s report, as specified in section 12(h), and subject to paragraph

(2)and in compliance with CERCLA, including section 120(h) of CERCLA ( 42 U.S.C. 9620(h) ), Federal agencies may enter into an agreement to transfer by deed, pursuant to section 120(h)(3) of that Act ( 42 U.S.C. 9620(h)(3) ), civilian real property with any person. Additional terms and conditions .— The head of the disposing agency may require any additional terms and conditions in connection with an agreement authorized by subparagraph

(A)as the head of the disposing agency considers appropriate to protect the interests of the United States. Such additional terms and conditions shall not affect or diminish any rights or obligations of the Federal agencies under section 120(h) of CERCLA (including, without limitation, the requirements of subsections (h)(3)(A) and (h)(3)(C)(iv) of that section). Certification concerning costs .— A transfer of Federal civilian real property may be made under paragraph

(1)only if the head of the disposing agency certifies to the Board and Congress that— the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the disposing agency with respect to the property are equal to or greater than the fair market value of the property to be transferred, as determined by the head of the disposing agency; or if such costs are lower than the fair market value of the property, the recipient of the property agrees to pay the difference between the fair market value and such costs. Payments to recipients .— In the case of a civilian real property covered by a certification under paragraph (2)(A), the disposing agency may pay the recipient of such property an amount equal to the lesser of— the amount by which the costs incurred by the recipient of such property for all environmental restoration, waste management, and environmental compliance activities with respect to such property exceed the fair market value of such property as specified in such certification; or the amount by which the costs (as determined by the head of the disposing agency) that would otherwise have been incurred by the Secretary for such restoration, waste management, and environmental compliance activities with respect to such property exceed the fair market value of such property as so specified. Information to be provided to recipients .— As part of an agreement under paragraph (1), the head of the disposing agency shall disclose, in accordance with applicable law, to the person to whom the civilian real property will be transferred information possessed by the disposing agency regarding the environmental restoration, waste management, and environmental compliance activities that relate to the property. The head of the disposing agency shall provide such information before entering into the agreement. Consideration of environmental remediation in granting time extensions .— For the purposes of granting time extensions under subsection (a), the Director of OMB shall give the need for significant environmental remediation to a civilian real property more weight than any other factor in determining whether to grant an extension to implement a Board recommendation. Limitation on statutory construction .— Nothing in this Act may be construed to modify, alter, or amend CERCLA, the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 et seq.], or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.).

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§ 14

IMPLEMENTATION OF BOARD RECOMMENDATIONS.

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