10 U.S.C. § 2868 — Utility services: furnishing for certain

Page 2292 TITLE 10—ARMED FORCES § 2868 Defense shall adopt the open protocol energy moni- toring and utility control system specification required by section 2867 of title 10, United States Code, as added by paragraph (1), not later than 180 days after the date of the enactment of this Act [Oct. 28, 2009].’’ § 2868. Utility services: furnishing for certain buildings Appropriations for the Department of Defense may be used for utility services for buildings constructed at private cost, as authorized by law. (Added Pub. L. 100–370, § 1(j)(1), July 19, 1988, 102 Stat. 848, § 2490; renumbered § 2868, Pub. L. 105–85, div. A, title III, § 371(b)(2), Nov. 18, 1997, 111 Stat. 1705; amended Pub. L. 108–375, div. A, title VI, § 651(e)(2), Oct. 28, 2004, 118 Stat. 1972.) HISTORICAL AND REVISION NOTES Section is based on Pub. L. 99–190, § 101(b) [title VIII, § 8006(b)], Dec. 19, 1985, 99 Stat. 1185. In two instances, the source section for provisions to be codified provides that defense appropriations may be used for ‘‘welfare and recreation’’ or ‘‘welfare and rec- reational’’ purposes. (Section 735 of Public Law 98–212 and section 8006(b) of Public Law 99–190, to be codified as 10 U.S.C. 2241(a)(1) and 2490(2), respectively). The committee added the term ‘‘morale’’ in both of these two instances to conform to the usual ‘‘MWR’’ usage for morale, welfare, and recreation activities. Editorial Notes AMENDMENTS 2004—Pub. L. 108–375 substituted ‘‘for buildings con- structed at private cost, as authorized by law.’’ for ‘‘for— ‘‘(1) buildings constructed at private cost, as au- thorized by law; and ‘‘(2) buildings on military reservations authorized by regulation to be used for morale, welfare, and rec- reational purposes.’’ 1997—Pub. L. 105–85 renumbered section 2490 of this title as this section. § 2869. Exchange of property at military installa- tions (a) EXCHANGE AUTHORIZED.—(1) The Secretary concerned may enter into an agreement to con- vey real property, including any improvements thereon, described in paragraph (2) to any per- son who agrees, in exchange for the real prop- erty, to transfer to the United States all right, title, and interest of the person in and to a par- cel of real property, including any improve- ments thereon under the person’s control, or to carry out a land acquisition, including the ac- quisition of all right, title, and interest or a lesser interest in real property under an agree- ment entered into under section 2684a of this title to limit encroachments and other con- straints on military training, testing, and oper- ations. (2) Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned— (A) that is located on a military installation that is closed or realigned under a base closure law; or (B) that is located on a military installation not covered by subparagraph (A) and for which the Secretary concerned makes a determina- tion that the conveyance under paragraph (1) is advantageous to the United States. (3)(A) The Secretary of Defense shall establish a pilot program under which the Secretary con- cerned, during the term of the pilot program, may use the authority provided by paragraph (1) to also convey real property, including any im- provements thereon, described in paragraph (2) to any person who agrees, in exchange for the real property, to provide— (i) installation-support services (as defined in section 2679(f) of this title); or (ii) a new facility or improvements to an ex- isting facility. (B) The acquisition of a facility or improve- ments to an existing facility using the authority provided by subparagraph (A) shall not be treat- ed as a military construction project for which an authorization is required by section 2802 of this title. (C) The expanded conveyance authority pro- vided by subparagraph (A) applies only during the eight-year period beginning on the date on which the Secretary of Defense issues guidance regarding the use by the Secretaries concerned of such authority. (b) CONDITIONS ON CONVEYANCE AUTHORITY.—(1) The fair market value of the real property, in- stallation-support services, or facility or im- provements to an existing facility obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the con- veyed real property, as determined by the Sec- retary. If the fair market value of the real prop- erty conveyed by the Secretary concerned ex- ceeds the fair market value of the real property, installation-support services, or facility or im- provements received by the Secretary, the re- cipient of the property shall pay to the United States an amount equal to the difference in the fair market values. (2) In the case of a conveyance of real property to a political subdivision of a State, the value of the real property to be conveyed by the Sec- retary concerned under subsection (a) may ex- ceed the fair market value of the land to be ob- tained, as determined under paragraph (1), by an amount not to exceed the reduction in value of the land which is attributable to voluntary zon- ing actions taken by such political subdivision to limit encroachment on a military installa- tion, but only if the notice required by sub- section (d)(2) contains— (A) a certification by the Secretary con- cerned that the military value to the United States of the land to be acquired justifies a payment in excess of the fair market value; and (B) a description of the military value to be obtained. (3) The Secretary concerned may agree to ac- cept a facility or improvements to an existing facility under subsection (a)(3) only if the Sec- retary concerned determines that the facility or improvements— (A) are completed and usable, fully func- tional, and ready for occupancy; (B) satisfy all operational requirements; and (C) meet all Federal, State, and local re- quirements applicable to the facility relating to health, safety, and the environment.