115 STAT. 1350 PUBLIC LAW 107-107—DEC. 28, 2001 "(3) The Secretary may use amounts in the reserve account, without further appropriation, for the purpose of acquiring, constructing, and improving— "(A) commissary stores; and "(B) real property and facihties for nonappropriated fund instrumentalities. "(4) In this subsection, the terms 'commissary store funds', 'nonappropriated funds', and 'nonappropriated fund instrumentality* shall have the meaning given those terms in section 2906(d)(4). "(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR ENVIRON- MENTAL RESTORATION PROJECTS. —Except as provided in section 2906(e) with respect to funds in the Department of Defense Base Closure Account 1990 under section 2906 and except for funds deposited into the Account under subsection (a), funds appropriated to the Department of Defense may not be used for purposes described in section 2905(a)(1)(C). The prohibition in this subsection shall expire upon the closure of the Account under subsection (a)(3).". 10 USC 2687 (b) CONFORMING AMENDMENTS.— Section 2906 of that Act is note. amended— (1) in subsection (a)(2)(C), by inserting "the date of approval of closure or realignment of which is before January 1, 2005" after "under this part"; (2) in subsection (b)(1), by inserting "with respect to military installations the date of approval of closure or realignment of which is before January 1, 2005," after "section 2905"; (3) in subsection (c)(2)— (A) in the matter preceding subparagraph (A), by inserting "with respect to military installations the date of approval of closure or realignment of which is before January 1, 2005," after "under this part"; and (B) in subparagraph (A), by inserting "with respect to such installations" after "under this part"; (4) in subsection (d)(1), by inserting "the date of approval of closure or realignment of which is before January 1, 2005" after "under this part"; and (5) in subsection (e), by striking "Except for" and inserting "Except as provided in section 2906A(e) with respect to funds in the Department of Defense Base Closure Account 2005 under section 2906A and except for". (c) CLERICAL AMENDMENT. — The section heading of section 2906 of that Act is amended by striking "ACCOUNT" and inserting "DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990". SEC. 3006. IMPLEMENTATION OF CLOSURE AND REALIGNMENT DECISIONS. (a) REQUIREMENT TO RECEIVE FAIR MARKET VALUE. —Section 10 USC 2687 2905(b)(4)(B) of that Act is amended— note. (1) in the first sentence, by striking "shall be without consideration" in the matter preceding clause (i) and inserting "may be without consideration"; and (2) by inserting after "(B)" the following new sentence: "With respect to military installations for which the date of approval of closure or realignment is after January 1, 2005, the Secretary shall seek to obtain consideration in connection with any transfer under this paragraph of property located
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