118 STAT. 2388 PUBLIC LAW 108–422—NOV. 30, 2004 SEC. 403. AUTHORITY FOR LONG TERM LEASE OF CERTAIN LANDS OF UNIVERSITY OF COLORADO. Notwithstanding section 8103 of title 38, United States Code, the Secretary of Veterans Affairs may enter into a lease for real property located at the Fitzsimmons Campus of the University of Colorado for purposes of a medical facility (as that term is defined in section 8101 of title 38, United States Code) for a period of up to 75 years. Subtitle B—Facilities Management SEC. 411. DEPARTMENT OF VETERANS AFFAIRS CAPITAL ASSET FUND. (a) ESTABLISHMENT OF FUND.—(1) Subchapter I of chapter 81 is amended by adding at the end the following new section: ‘‘§ 8118. Authority for transfer of real property; Department of Veterans Affairs Capital Asset Fund ‘‘(a)(1) The Secretary may transfer real property under the jurisdiction or control of the Secretary (including structures and equipment associated therewith) to another department or agency of the United States, to a State (or a political subdivision of a State), or to any public or private entity, including an Indian tribe. Such a transfer may be made only if the Secretary receives compensation of not less than the fair market value of the property, except that no compensation is required, or compensation at less than fair market value may be accepted, in the case of a transfer to a grant and per diem provider (as defined in section 2002 of this title). When a transfer is made to a grant and per diem provider for less than fair market value, the Secretary shall require in the terms of the conveyance that if the property transferred is used for any purpose other than a purpose under chapter 20 of this title, all right, title, and interest to the property shall revert to the United States. ‘‘(2) The Secretary may exercise the authority provided by this section notwithstanding sections 521, 522, and 541 through 545 of title 40. Any such transfer shall be in accordance with this section and section 8122 of this title. ‘‘(3) The authority provided by this section may not be used in a case to which section 8164 of this title applies. ‘‘(4) The Secretary may enter into partnerships or agreements with public or private entities dedicated to historic preservation to facilitate the transfer, leasing, or adaptive use of structures or properties specified in subsection (b)(3)(D). ‘‘(5) The authority of the Secretary under paragraph (1) expires on the date that is seven years after the date of the enactment of this section. ‘‘(b)(1) There is established in the Treasury of the United States a revolving fund to be known as the Department of Veterans Affairs Capital Asset Fund (hereinafter in this section referred to as the ‘Fund’). Amounts in the Fund shall remain available until expended. ‘‘(2) Proceeds from the transfer of real property under this section shall be deposited into the Fund. ‘‘(3) To the extent provided in advance in appropriations Acts, amounts in the Fund may be expended for the following purposes: ‘‘(A) Costs associated with the transfer of real property under this section, including costs of demolition, environmental Expiration date.
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