38 U.S.C. § 8124 — Grant of easements in Government-owned

Page 1343 TITLE 38—VETERANS’ BENEFITS § 8125 ‘‘(A) is agreed to by the local redevelopment au- thority with respect to the facility; and ‘‘(B) provides for the reuse or redevelopment of the real property and personal property of the facil- ity that is available for such reuse and redevelop- ment as a result of the closure or realignment of the facility. ‘‘(10) The term ‘Secretary’ means the Secretary of Veterans Affairs. ‘‘(11) The term ‘tribal organization’ has the mean- ing given such term in section 3765 of title 38, United States Code.’’ TRANSFER OF REAL PROPERTY DEEMED DESCRIBED IN BUDGET FOR FISCAL YEAR 1989 Pub. L. 100–322, title IV, § 421(a)(2), May 20, 1988, 102 Stat. 553, provided that any proposed transfer of real property described in subsec. (a)(2)(B) of this section that was described in a report submitted to Commit- tees on Veterans’ Affairs of Senate and House of Rep- resentatives by Administrator not later than 30 days after May 20, 1988, was to be deemed for purposes of subsec. (a)(2)(A) of this section to have been described in the President’s budget for fiscal year 1989. § 8123. Procurement of prosthetic appliances The Secretary may procure prosthetic appli- ances and necessary services required in the fit- ting, supplying, and training and use of pros- thetic appliances by purchase, manufacture, contract, or in such other manner as the Sec- retary may determine to be proper, without re- gard to any other provision of law. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1254, § 5013; amended Pub. L. 94–581, title II, § 210(e)(8), Oct. 21, 1976, 90 Stat. 2865; renumbered § 5023, Pub. L. 96–22, title III, § 301(b)(1), June 13, 1979, 93 Stat. 61; renumbered § 8123, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5023 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ in two places. 1976—Pub. L. 94–581 substituted ‘‘the Administrator’’ for ‘‘he’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title. § 8124. Grant of easements in Government-owned lands The Secretary, whenever the Secretary deems it advantageous to the Government and upon such terms and conditions as the Secretary deems advisable, may grant on behalf of the United States to any State, or any agency or po- litical subdivision thereof, or to any public-serv- ice company, easements in and rights-of-way over lands belonging to the United States which are under the Secretary’s supervision and con- trol. Such grant may include the use of such easements or rights-of-way by public utilities to the extent authorized and under the conditions imposed by the laws of such State relating to use of public highways. Such partial, concur- rent, or exclusive jurisdiction over the areas covered by such easements or rights-of-way, as the Secretary deems necessary or desirable, is hereby ceded to the State in which the land is located. The Secretary may accept or secure on behalf of the United States from the State in which is situated any land conveyed in exchange for any such easement or right-of-way, such ju- risdiction as the Secretary may deem necessary or desirable over the land so acquired. Any such easement or right-of-way shall be terminated upon abandonment or nonuse of the same and all right, title, and interest in the land covered thereby shall thereupon revert to the United States or its assignee. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1254, § 5014; amended Pub. L. 94–581, title II, § 210(e)(9), Oct. 21, 1976, 90 Stat. 2865; renumbered § 5024, Pub. L. 96–22, title III, § 301(b)(1), June 13, 1979, 93 Stat. 61; renumbered § 8124, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5024 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ wherever appearing and ‘‘Secretary’s’’ for ‘‘Ad- ministrator’s’’. 1976—Pub. L. 94–581 substituted ‘‘the Administrator’’ for ‘‘he’’ wherever appearing and ‘‘under the Adminis- trator’s supervision’’ for ‘‘under his supervision’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title. § 8125. Procurement of health-care items (a) Except as provided in subsections (b) and (c) of this section, the Secretary may not pro- cure health-care items under local contracts. (b)(1) A health-care item for use by the De- partment may be procured under a local con- tract if— (A) the procurement is within the limits pre- scribed in paragraph (3) of this subsection; and (B)(i) the item is not otherwise available to the Department medical center concerned, (ii) procurement of the item by a local con- tract is necessary for the effective furnishing of health-care services or the conduct of a re- search or education program at a Department medical center, as determined by the director of the center in accordance with regulations which the Under Secretary for Health shall prescribe, or (iii) procurement under a local contract is demonstrably more cost-effective for the item. (2) In the case of the need for an emergency procurement of a health-care item, such item may be procured under a local contract, but no greater quantity of such item may be procured by a local contract than is reasonably necessary