Page:United States Statutes at Large Volume 105 Part 1.djvu/446

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105 STAT. 418 PUBLIC LAW 102-86 —AUG. 14, 1991 Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483, 484), 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). "(2) The Secretary may enter into an enhanced-use lease only if the Secretary determines that— "(A) at least part of the use of the property under the lease will be to provide appropriate space for an activity contributing to the mission of the Department; "(B) the lease will not be inconsistent with and will not adversely affect the mission of the Department; and "(C) the lease will enhance the use of the property. "(3) The provisions of the Act of March 3, 1931 (40 U.S.C. 276a et seq.), 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 enhanceduse lease may not be considered to be unutilized or underutilized for purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411). "(b)(1) If the Secretary has determined that a property should be leased to einother party through an enhanced-use lease, the Secretary shall select the party with whom the lease will be entered into using selection procedures determined by the Secretary that ensure the integrity of the selection process. "(2) The term of an enhanced-use lease may not exceed— "(A) 35 years, in the case of a lease involving the construction of a new building or the substantial rehabilitation of an existing building, £U3 determined by the Secretary; or "(B) 20 years, in the case of a lease not described in subparagraph (A). "(3)(A) Each enhanced-use lease shall be for fair consideration, as determined by the Secretary. Consideration under such a lease may be provided in whole or in part through consideration in-kind. "(B) Consideration in-kind may include provision of goods or services of benefit to the Department, including construction, repair, remodeling, or other physical improvements of Department facilities, maintenance of Department facilities, or the provision of office, storage, or other usable space. "(4) Any payment by the Secretary for the use of space or services by the Efepartment on property that has been leased under this subchapter may only be made from funds appropriated to the Department for the activity that uses the space or services. No other such payment may be made by the Secretary to a lessee under an enhanced-use lease unless the authority to make the payment is provided in advance in an appropriation Act. "(c)(l) Subject to paragraph (2), 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) shall be considered to be prohibited by that section unless specifically authorized by law. "(2) The entering into an enhanced-use lease by the Secretary covering any land or improvement described in such section 421(b)(2) shall not be considered to be prohibited under that section if under the lease—