12 2 STA T .54 4 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 rentalo r c o s t f ort h e u se of the real p ropert yi s m ore than $750, 000 .’ ’. SEC.28 22. C ONTI N U E D CONSO L ID A TION O FR EAL P ROPERT Y PRO V I - SIONS W IT H OUT SU B STANTIVE CHAN G E. ( a )CONS O LIDAT ION. —S ection 26 6 3 of title 1 0, U nite d States Code, is amended b y addin g at the end the follo w ing new subsection
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‘(h) L AND ACQU ISITION OP TIONS IN AD V ANC E O FM ILITA RY CONSTRUCTION P RO J ECTS.—(1) T he Secretary of a military depart - ment may ac q uire an option on a parcel of real property before or after its acquisition is authori z ed by law, if the Secretary con- siders it suitable and li k ely to be needed for a military pro j ect of the military department under the jurisdiction of the Secretary. ‘‘(2) As consideration for an option acquired under paragraph (1), the Secretary may pay, from funds a v ailable to the military department under the jurisdiction of the Secretary for real property activities, an amount that is not more than 12 percent of the appraised fair market value of the property.’’. (b) R EPEAL OF SUPERSEDED PROVISION.— (1) REPEAL.—Section 2677 of such title is repealed. (2) CLERICAL A M ENDMENT.—The table of sections at the beginning of chapter 15 9 of such title is amended by striking the item relating to section 2677. SEC. 282 3 . M ODIFICATION OF AUTHORITY TO LEASE NON-E X CESS PROPERTY OF THE MILITARY DEPARTMENTS. (a) E LIMINATION OF AUT H ORITY TO ACCEPT F ACILITIES OPER- ATION SUPPORT AS I N- K IND CONSIDERATION.—Subsection (c)(1) of section 2667 of title 10, United States Code, is amended— (1) by redesignating subparagraph (E) as subparagraph (F)
and (2) by striking subparagraph ( D ) and inserting the following new subparagraphs: ‘‘(D) Provision or payment of utility services for the Sec- retary concerned. ‘‘(E) Provision of real property maintenance services for the Secretary concerned.’’. (b) ELIMINATION OF AUTHORITY TO USE RENTAL AND CERTAIN OTHER PROCEEDS FOR FACILITIES OPERATION SUPPORT.—Subsection (e)(1)(C) of such section is amended— (1) by adjusting the margins of clauses (ii) and (iii) to conform to the margin of clause (i); and (2) by striking clause (iv) and inserting the following new clauses: ‘‘(iv) Payment of utility services. ‘‘(v) Real property maintenance services.’’. (c) USE OF COMPETITIVE PROCEDURES FOR SELECTION OF CER- TAIN LESSEES.—Subsection (h) of such section is amended— (1) in paragraph (1), by striking ‘‘e x ceeds one year, and the fair market value of the lease’’ and inserting ‘‘exceeds one year, or the fair market value of the lease’’; (2) by redesignating paragraph (3) as paragraph ( 4 ); and (3) by striking paragraph (2) and inserting the following new paragraphs: ‘‘(2) Paragraph (1) does not apply if the Secretary concerned determines that— ‘‘(A) a public interest will be served as a result of the lease; and
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