H. R. 1119—364
‘‘§ 2672. Acquisition: interests in land when cost is not more
than $500,000’’.
(2) The table of sections at the beginning of chapter 159 of
such title is amended by striking out the item relating to section
2672 and inserting in lieu thereof the following new item:
‘‘2672. Acquisition: interests in land when cost is not more than $500,000.’’.
SEC. 2812. PERMANENT AUTHORITY REGARDING CONVEYANCE OF
UTILITY SYSTEMS.
(a) IN GENERAL.—Chapter 159 of title 10, United States Code,
is amended by inserting after section 2687 the following new section:
‘‘§ 2688. Utility systems: conveyance authority
‘‘(a) CONVEYANCE AUTHORITY.—The Secretary of a military
department may convey a utility system, or part of a utility system,
under the jurisdiction of the Secretary to a municipal, private,
regional, district, or cooperative utility company or other entity.
The conveyance may consist of all right, title, and interest of the
United States in the utility system or such lesser estate as the
Secretary considers appropriate to serve the interests of the United
States.
‘‘(b) SELECTION
OF CONVEYEE.—If more than one utility or
entity referred to in subsection (a) notifies the Secretary concerned
of an interest in a conveyance under such subsection, the Secretary
shall carry out the conveyance through the use of competitive
procedures.
‘‘(c) CONSIDERATION.—(1) The Secretary concerned shall require
as consideration for a conveyance under subsection (a) an amount
equal to the fair market value (as determined by the Secretary)
of the right, title, or interest of the United States conveyed. The
consideration may take the form of—
‘‘(A) a lump sum payment; or
‘‘(B) a reduction in charges for utility services provided
by the utility or entity concerned to the military installation
at which the utility system is located.
‘‘(2) If the utility services proposed to be provided as consider-
ation under paragraph (1) are subject to regulation by a Federal
or State agency, any reduction in the rate charged for the utility
services shall be subject to establishment or approval by that
agency.
‘‘(d) TREATMENT
OF PAYMENTS.—(1) A lump sum payment
received under subsection (c) shall be credited, at the election
of the Secretary concerned—
‘‘(A) to an appropriation of the military department con-
cerned available for the procurement of the same utility services
as are provided by the utility system conveyed under this
section;
‘‘(B) to an appropriation of the military department avail-
able for carrying out energy savings projects or water conserva-
tion projects; or
‘‘(C) to an appropriation of the military department avail-
able for improvements to other utility systems.
‘‘(2) Amounts so credited shall be merged with funds in the
appropriation to which credited and shall be available for the same
purposes, and subject to the same conditions and limitations, as
the appropriation with which merged.
H. R. 1119—365
‘‘(e) NOTICE-AND-WAIT REQUIREMENT.—The Secretary concerned
may not make a conveyance under subsection (a) until—
‘‘(1) the Secretary submits to the Committee on Armed
Services and the Committee on Appropriations of the Senate
and the Committee on National Security and the Committee
on Appropriations of the House of Representatives an economic
analysis (based upon accepted life-cycle costing procedures
approved by the Secretary of Defense) demonstrating that—
‘‘(A) the long-term economic benefit of the conveyance
to the United States exceeds the long-term economic cost
of the conveyance to the United States; and
‘‘(B) the conveyance will reduce the long-term costs
of the United States for utility services provided by the
utility system concerned; and
‘‘(2) a period of 21 days has elapsed after the date on
which the economic analysis is received by the committees.
‘‘(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary con-
cerned may require such additional terms and conditions in
connection with a conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United States.
‘‘(g) UTILITY SYSTEM DEFINED.—(1) In this section, the term
‘utility system’ means any of the following:
‘‘(A) A system for the generation and supply of electric
power.
‘‘(B) A system for the treatment or supply of water.
‘‘(C) A system for the collection or treatment of wastewater.
‘‘(D) A system for the generation or supply of steam, hot
water, and chilled water.
‘‘(E) A system for the supply of natural gas.
‘‘(F) A system for the transmission of telecommunications.
‘‘(2) The term ‘utility system’ includes the following:
‘‘(A) Equipment, fixtures, structures, and other improve-
ments utilized in connection with a system referred to in para-
graph (1).
‘‘(B) Easements and rights-of-way associated with a system
referred to in that paragraph.
‘‘(h) LIMITATION.—This section shall not apply to projects
constructed or operated by the Army Corps of Engineers under
its civil works authorities.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 2687 the following new item:
‘‘2688. Utility systems: conveyance authority.’’.
SEC. 2813. ADMINISTRATIVE EXPENSES FOR CERTAIN REAL PROPERTY
TRANSACTIONS.
(a) ACCEPTANCE AUTHORIZED.—Chapter 159 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 2695. 
Acceptance 
of 
funds 
to 
cover 
administrative
expenses relating to certain real property trans-
actions
‘‘(a) AUTHORITY TO ACCEPT.—In connection with a real property
transaction referred to in subsection (b) with a non-Federal person
or entity, the Secretary of a military department may accept
H. R. 1119—366
amounts provided by the person or entity to cover administrative
expenses incurred by the Secretary in entering into the transaction.
‘‘(b) COVERED TRANSACTIONS.—Subsection (a) applies to the
following transactions:
‘‘(1) The exchange of real property.
‘‘(2) The grant of an easement over, in, or upon real
property of the United States.
‘‘(3) The lease or license of real property of the United
States.
‘‘(c) USE OF AMOUNTS COLLECTED.—Amounts collected under
subsection (a) for administrative expenses shall be credited to the
appropriation, fund, or account from which the expenses were paid.
Amounts so credited shall be merged with funds in such appropria-
tion, fund, or account and shall be available for the same purposes
and subject to the same limitations as the funds with which
merged.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 159 of such title is amended by adding at the
end the following new item:
‘‘2695. Acceptance of funds to cover administrative expenses relating to certain real
property transactions.’’.
SEC. 2814. SCREENING OF REAL PROPERTY TO BE CONVEYED BY
DEPARTMENT OF DEFENSE.
(a) REQUIREMENT.—(1) Chapter 159 of title 10, United States
Code, is amended by inserting after section 2695, as added by
section 2813, the following new section:
‘‘§ 2696. Screening of real property for further Federal use
before conveyance
‘‘(a) SCREENING REQUIREMENT.—The Secretary concerned may
not convey real property that is authorized or required to be con-
veyed, whether for or without consideration, by any provision of
law unless the Administrator of General Services has screened
the property for further Federal use in accordance with the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471
et seq.).
‘‘(b) TIME FOR SCREENING.—(1) Before the end of the 30-day
period beginning on the date of the enactment of a provision of
law authorizing or requiring the conveyance of a parcel of real
property by the Secretary concerned, the Administrator of General
Services shall complete the screening required by paragraph (1)
with regard to the real property and notify the Secretary concerned
of the results of the screening. The notice shall include—
‘‘(A) the name of the Federal agency requesting transfer
of the property;
‘‘(B) the proposed use to be made of the property by the
Federal agency; and
‘‘(C) the fair market value of the property, including any
improvements thereon, as estimated by the Administrator.
‘‘(2) If the Administrator fails to complete the screening and
notify the Secretary concerned within such period, the Secretary
concerned shall proceed with the conveyance of the real property
as provided in the provision of law authorizing or requiring the
conveyance.
H. R. 1119—367
‘‘(c) NOTICE OF FURTHER FEDERAL USE.—If the Administrator
of General Services notifies the Secretary concerned under sub-
section (b) that further Federal use of a parcel of real property
authorized or required to be conveyed by any provision of law
is requested by a Federal agency, the Secretary concerned shall
submit a copy of the notice to Congress.
‘‘(d) CONGRESSIONAL DISAPPROVAL.—If the Secretary concerned
submits a notice under subsection (c) with regard to a parcel of
real property, the Secretary concerned may not proceed with the
conveyance of the real property as provided in the provision of
law authorizing or requiring the conveyance if Congress enacts
a law rescinding the conveyance authority or requirement before
the end of the 180-day period beginning on the date on which
the Secretary concerned submits the notice.
‘‘(e) EXCEPTED
CONVEYANCE
AUTHORITIES.—The screening
requirements of this section shall not apply to real property author-
ized or required to be conveyed under any of the following provisions
of law:
‘‘(1) Section 2687 of this title.
‘‘(2) Title II of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100–526;
10 U.S.C. 2687 note).
‘‘(3) The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note).
‘‘(4) Any provision of law authorizing the closure or realign-
ment of a military installation that is enacted after the date
of enactment of the National Defense Authorization Act for
Fiscal Year 1998.
‘‘(5) Title II of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481 et seq.).
‘‘(6) Any specific provision of law authorizing or requiring
the transfer of administrative jurisdiction over a parcel of real
property between Federal agencies.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2695,
as added by section 2813, the following new item:
‘‘2696. Screening of real property for further Federal use before conveyance.’’.
(b) APPLICABILITY.—Section 2696 of title 10, United States
Code, as added by subsection (a) of this section, shall apply with
respect to any real property authorized or required to be conveyed
under a provision of law covered by such section that is enacted
after December 31, 1997.
SEC. 2815. DISPOSITION OF PROCEEDS OF SALE OF AIR FORCE PLANT
NO. 78, BRIGHAM CITY, UTAH.
Notwithstanding section 204(h)(2)(A) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 485(h)(2)(A)),
the entire amount deposited by the Administrator of General Serv-
ices in the special account in the Treasury (established under section
204(h)(2) of such Act) as a result of the sale of Air Force Plant
No. 78, Brigham City, Utah, shall be available, to the extent pro-
vided in appropriations Acts, to the Secretary of the Air Force
for facility maintenance, facility repair, and environmental restora-
tion at other industrial plants of the Air Force.