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38 U.S.C. § 8164 — Authority for disposition of leased property
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If, during the term of an enhanced-use lease or within 30 days after the end of the term of the lease, the Secretary determines that the leased property is no longer needed by the Department, the Secretary may initiate action for the transfer to the lessee of all right, title, and interest of the United States in the property. A disposition of property may not be made under this section unless the Secretary determines that the disposition under this section rather than under section 8118 or 8122 of this title is in the best interests of the Department.
**(b)** A disposition under this section may be made in return for cash at fair value as the Secretary determines is in the best interest of the United States and upon such other terms and conditions as the Secretary considers appropriate.
**(c)** Not less than 45 days before a disposition of property is made under this section, the Secretary shall notify the congressional veterans’ affairs committees of the Secretary’s intent to dispose of the property and shall publish notice of the proposed disposition in the Federal Register. The notice shall describe the background of, rationale for, and economic factors in support of, the proposed disposition (including a cost-benefit analysis summary) and the method, terms, and conditions of the proposed disposition.
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Stable record: federal_law:legal_authorities:record_usc_52a544e2c8f2cf8dc02f4eed
Source file: Laws/federal/codes/united-states-code/title-38/section-8164-authority-for-disposition-of-leased-property--f0ee26baac.md
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Source location: Title 38, Chapter 81, § 8164; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md
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**(a)** If, during the term of an enhanced-use lease or within 30 days after the end of the term of the lease, the Secretary determines that the leased property is no longer needed by the Department, the Secretary may initiate action for the transfer to the lessee of all right, title, and interest of the United States in the property. A disposition of property may not be made under this section unless the Secretary determines that the disposition under this section rather than under section 8118 or 8122 of this title is in the best interests of the Department.
**(b)** A disposition under this section may be made in return for cash at fair value as the Secretary determines is in the best interest of the United States and upon such other terms and conditions as the Secretary considers appropriate.
**(c)** Not less than 45 days before a disposition of property is made under this section, the Secretary shall notify the congressional veterans’ affairs committees of the Secretary’s intent to dispose of the property and shall publish notice of the proposed disposition in the Federal Register. The notice shall describe the background of, rationale for, and economic factors in support of, the proposed disposition (including a cost-benefit analysis summary) and the method, terms, and conditions of the proposed disposition.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary may transfer real property under the jurisdiction or control of the Secretary (including structures and equipment associated therewith) to another department or agency of the United States, to a State (or a political subdivision of a State), or to any public or private entity, including an Indian tribe. Such a transfer may be made only if the Secretary receives compensation of not less than the fair market value of the property, except that no compensation is required, or compensation at less than fair market value may be accepted, in the case of a transfer to a grant and per diem provider (as defined in [section 2002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2002&num=0&edition=prelim)). When a transfer is made to a grant and per diem provider for less than fair market value, the Secretary shall require in the terms of the conveyance that if the property transferred is used for any purpose other than a purpose under chapter 20 of this title, all right, title, and interest to the property shall revert to the United States.
(2) The Secretary may exercise the authority provided by this section notwithstanding sections 521, 522, and 541 through 545 of title 40. Any such transfer shall be in accordance with this section and [section 8122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8122&num=0&edition=prelim).
(3) The authority provided by this section may not be used in a case to which [section 8164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8164&num=0&edition=prelim) applies.
(4) The Secretary may enter into partnerships or agreements with public or private entities dedicated to historic preservation to
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8118
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary may in accordance with this subchapter enter into leases with respect to real property that is under the jurisdiction or control of the Secretary. Any such lease under this subchapter may be referred to as an “enhanced-use lease”. The Secretary may dispose of any such property that is leased to another party under this subchapter in accordance with [section 8164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8164&num=0&edition=prelim). The Secretary may exercise the authority provided by this subchapter notwithstanding [section 8122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8122&num=0&edition=prelim), subchapter II of chapter 5 of title 40, sections 541–555 and 1302 of title 40, or any other provision of law (other than Federal laws relating to environmental and historic preservation) inconsistent with this section. The applicability of this subchapter to section 421(b) of the Veterans’ Benefits and Services Act of 1988 (Public Law 100–322; 102 Stat. 553) is covered by subsection (c).
(2)
(A) The Secretary may enter into an enhanced-use lease on or after the date of the enactment of this paragraph only if the Secretary determines—
(i) that the lease will not be inconsistent with, and will not adversely affect—
(I) the mission of the Department; or
(II) the operation of facilities, programs, and services of the Department in the area of the leased property; and
(ii) that—
(I) the lease will enhance the use of the leased property by directly or indirectly benefitting veterans; or
(II) the leased property will provide supportive housing.
(B) The Secretary shall give priority to enhanced-use leases that, on the
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8162
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Funds received by the Department under an enhanced-use lease and remaining after any deduction from those funds under subsection (b) shall, at the discretion of the Secretary, be deposited in—
(A) the Department of Veterans Affairs Medical Care Collections Fund established under [section 1729A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1729a&num=0&edition=prelim); or
(B) the Medical Facilities or Construction, Minor Projects account of the Department to be used to defray the costs of administration, maintenance, repair, and related expenses incurred by the Department with respect to property that is owned by or under the jurisdiction or control of the Department.
(2) Funds received by the Department from a disposal of leased property under [section 8164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8164&num=0&edition=prelim) shall be deposited into the Department of Veterans Affairs Construction, Major Projects account or Construction, Minor Projects account, as the Secretary considers appropriate.
**(b)** An amount sufficient to pay for any expenses incurred by the Secretary in any fiscal year in connection with an enhanced-use lease shall be deducted from the proceeds of the lease for that fiscal year and may be used by the Secretary to reimburse the account from which the funds were used to pay such expenses. The Secretary may use the proceeds from any enhanced-use lease to reimburse applicable appropriations of the Department for any expenses incurred in the development of additional enhanced-use leases.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8165
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Federal law — U.S. Code and appendices · legal_authorities
Page 1372
TITLE 38—VETERANS’ BENEFITS
§ 8164
(i) would—
(I) contribute in a cost-effective manner
to the mission of the Department;
(II) not be inconsistent with the mission
of the Department;
(III) not adversely affect the mission of
the Department; and
(IV) affect services to veterans; or
(ii) would result in a demonstrable im-
provement of services to eligible veterans in
the geographic service-delivery area within
which the property is located.
(F) A description of how the proposed lease
would affect services to veterans.
(G) A summary of a cost-benefit analysis of
the proposed lease.
(Added Pub. L. 102–86, title IV, § 401(a), Aug. 14,
1991, 105 Stat. 419; amended Pub. L. 106–117, title
II, § 208(c), Nov. 30, 1999, 113 Stat. 1567; Pub. L.
106–419, title II, § 241, title IV, § 404(b)(1), Nov. 1,
2000, 114 Stat. 1847, 1865; Pub. L. 108–170, title II,
§ 202(a), (d)(1), Dec. 6, 2003, 117 Stat. 2047, 2048;
Pub. L. 114–226, § 3(c)(1), Sept. 29, 2016, 130 Stat.
931.)
Editorial Notes
AMENDMENTS
2016—Subsec. (c)(1). Pub. L. 114–226 inserted ‘‘, the
Committees on Appropriations of the House of Rep-
resentatives and the Senate, and the Committees on
the Budget of the House of Representatives and the
Senate’’ after ‘‘notify the congressional veterans’ af-
fairs committees’’, substituted ‘‘, shall publish’’ for
‘‘and shall publish’’, inserted ‘‘, and shall submit to the
congressional veterans’ affairs committees a copy of
the proposed lease’’ after ‘‘in the Federal Register’’,
and inserted at end ‘‘With respect to a major enhanced-
use lease, upon the request of the congressional vet-
erans’ affairs committees, not later than 30 days after
the date of such notice, the Secretary shall testify be-
fore the committees on the major enhanced-use lease,
i
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8164
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.