12 2 STA T . 12 53PUBLIC LA W 11 0– 23 4—M A Y 22 , 200 8‘ ‘ SEC.308 .E NHA NCE DU SE L EASE AU T H ORI T YP ILOT PRO G RA M . ‘ ‘ (a)ESTABLI S HMEN T .—Toenh an c e t he us eo fr ea lp ropert y a dmi nistered b ya g encies of the D epartment , the S ecretary may establish a pilot program, in accordance w ith this section, at the B elts v ille A gricultural R esearch C enter of the Agricultural Research Service and the N ational Agricultural L ibrary to lease none x cess property of the Center or the Library to any individual or entity, including agencies or instrumentalities of State or local govern - ments. ‘‘(b) RE QU I R EMENTS.— ‘‘( 1 ) I N G ENERAL.—Notwithstanding chapter 5 of subtitle I of title 40 , U nited States Code, the Secretary may lease real property at the Beltsville Agricultural Research Center or the National Agricultural Library in accordance with such terms and conditions as the Secretary may prescribe, if the Secretary determines that the lease— ‘‘(A) is consistent with, and will not adversely affect, the mission of the Department agency administering the property
‘‘(B) will enhance the use of the property; ‘‘(C) will not permit any portion of Department agency property or any facility of the Department to be used for the public retail or wholesale sale of merchandise or residential development; ‘‘(D) will not permit the construction or modification of facilities financed by non- F ederal sources to be used by an agency, except for incidental use; and ‘‘(E) will not include any property or facility re q uired for any Department agency purpose without prior consider- ation of the needs of the agency. ‘‘( 2 ) TERM.—The term of a lease under this section shall not exceed 3 0 years. ‘‘(3) C O NSI D ERATION.— ‘‘(A) IN GENERAL.—Consideration provided for a lease under this section shall be— ‘‘(i) in an amount equal to fair mar k et value, as determined by the Secretary; and ‘‘(ii) in the form of cash. ‘‘(B) USE O F FUNDS.— ‘‘(i) IN GENERAL.—Consideration provided for a lease under this section shall be— ‘‘(I) deposited in a capital asset account to be established by the Secretary; and ‘‘(II) available until expended, without further appropriation, for maintenance, capital revitali z a- tion, and improvements of the Department prop- erties and facilities at the Beltsville Agricultural Research Center and National Agricultural Library. ‘‘(ii) BUDGETAR Y TREATMENT.—For purposes of the budget, the amounts described in clause (i) shall not be treated as a receipt of any Department agency or any other agency leasing property under this section. ‘‘(4) COSTS.—The lessee shall cover all costs associated with a lease under this section, including the cost of— ‘‘(A) the pro j ect to be carried out on property or at a facility covered by the lease; 7USC3125anote.
�
