12 2 STA T . 2 0 1 4PUBLIC LA W 110 – 24 6—J U NE 1 8, 2008 pro p e r tyf ort h ep u rpo s eof ca rry ing out the research functions of the D epart m ent , may e x change, se l l, or other w ise d ispose of any q ualified item of personal property, including b y way of public auction, and may retain and apply the sale or other proceeds, without further appropriation and without fiscal year limitation, in whole or in partial payment —‘ ‘ (1) to acquire any qualified item of personal property
or ‘‘( 2 ) to offset costs related to the maintenance, care, or feeding of any qualified item of personal property . ‘‘(c) EXCEPTION .— S ubsection (b) does not apply to the free dissemination of new v arieties of seeds and germplasm in accord - ance with section 5 2 0 of the R evised Statutes (commonly k nown as the ‘Department of A griculture O rganic Act ’ )( 7U .S. C . 2201).’’. SEC.7409 .E NHA NCE DU SE L EASE AU T H ORI T YP ILOT PRO G RA M . T itle I II of the Department of Agriculture Reorgani z ation Act of1 9 9 4 ( P ublic L aw 10 3– 354; 10 8 Stat. 3238) (as amended by section 7408) is amended by adding at the end the following
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‘SEC. 3 0 8 . ENHANCED USE LEASE AUTHORITY PILOT PROGRAM. ‘‘(a) E S T ABL IS HM ENT.—To enhance the use of real property administered by agencies of the Department, the Secretary may establish a pilot program, in accordance with this section, at the B eltsville Agricultural Research Center of the Agricultural Research Service and the N ational Agricultural Library to lease nonexcess 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) IN G ENERAL.—Notwithstanding chapter 5 of subtitle I of title 40, United 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 required 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 30 years. ‘‘(3) CONSI D ERATION.— ‘‘(A) IN GENERAL.—Consideration provided for a lease under this section shall be— ‘‘(i) in an amount equal to fair market value, as determined by the Secretary; and ‘‘(ii) in the form of cash. 7USC3125anote.
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