PUBLIC LAW 98-115—OCT. 11, 1983 97 STAT. 787 "(3) A transaction under this section may not include the sale of any of the following: "(A) Public domain lands. "(B) Property which can be considered excess under the provi- sions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). "(C) Property that the Secretary of the Interior has deter- mined under subsection (b)(2) to be suitable for usc as a public park or recreation area and with respect to which the Secretary of the Interior has sent a notification to the Secretary of Defense under such subsection. "(b)(1) A proposal to Congress for authorization of a transaction under this section shall include— "(A) a description of the property to be sold (including the specific location of the property); "(B) an estimate of the fair market value of the property to be sold; "(C) an explanation of the need for any property or facilities to replace property or facilities to be sold under the transaction; "(D) an estimate of the costs of such replacement facilities and of relocation from the property to be sold to the replace- ment facilities; and "(E) a net financial statement for the transaction, including a schedule of estimated expenditures under the transaction and a schedule of the estimated proceeds to be realized from the sale of property under the transaction. "(2) Before proposing a transaction to Congress under this section, the Secretary of Defense shall notify the Secretary of the Interior in writing of the proposed transaction. The transaction may not be proposed to Congress if the Secretary of the Interior notifies the Secretary of Defense in writing not later than 60 days after receipt of the notification that he has determined that the property pro- posed to be sold under the transaction is suitable for usc as a public park or recreation area. Any such determination by the Secretary of the Interior shall be made in accordance with procedures and standards used by the Secretary under section 203(k)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)(2)). "(c) A transaction authorized pursuant to this section— "(1) shall be accomplished, to the extent feasible, using com- petitive bid procedures or qualified contract realty brokers; "(2) may not be carried out unless the property to be conveyed under the transaction will be sold for at least the equivgilent of its fair market value; "(3) may not be carried out unless the amount of the esti- mated proceeds from the sale of property under the transaction exceeds the amount of the costs of such transaction described in subsection (e); and "(4) may not be carried out unless the activities intended to be performed at the replacement facilities are substantially similar in character or nature to those performed at the property to be sold. "(d)(1) The sale of any real property pursuant to a transaction authorized under this section shall be conducted by the Administra- tor of General Services. The Administrator may sell such property upon such credit terms and financial conditions as he and the Secretary of Defense may agree upon. The Administrator shall Prohibited sales. Proposal to Congress. Notification of Interior Secretary. Sale conducted byGSA Admi nistrator.
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