
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2667a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-
                             EXCESS PROPERTY
 
Sec. 2667a. Leases: non-excess property of Defense agencies

    (a) Lease Authority.--Whenever the Secretary of Defense considers it 
advantageous to the United States, the Secretary may lease to such 
lessee and upon such terms as the Secretary considers will promote the 
national defense or to be in the public interest, personal property that 
is--
        (1) under the control of a Defense agency;
        (2) not for the time needed for public use; and
        (3) not excess property, as defined by section 3 of the Federal 
    Property and Administrative Services Act of 1949 (40 U.S.C. 472).

    (b) Limitation, Terms, and Conditions.--A lease under subsection 
(a)--
        (1) may not be for more than five years unless the Secretary of 
    Defense determines that a lease for a longer period will promote the 
    national defense or be in the public interest;
        (2) may give the lessee the first right to buy the property if 
    the lease is revoked to allow the United States to sell the property 
    under any other provision of law;
        (3) shall permit the Secretary to revoke the lease at any time, 
    unless the Secretary determines that the omission of such a 
    provision will promote the national defense or be in the public 
    interest;
        (4) shall provide for the payment (in cash or in kind) by the 
    lessee of consideration in an amount that is not less than the fair 
    market value of the lease interest, as determined by the Secretary; 
    and
        (5) may provide, notwithstanding any other provision of law, for 
    the improvement, maintenance, protection, repair, restoration, or 
    replacement by the lessee, of the property leased as the payment of 
    part or all of the consideration for the lease.

    (c) Competitive Selection.--(1) If the term of a proposed lease 
under subsection (a) exceeds one year and the fair market value of the 
lease interest exceeds $100,000, as determined by the Secretary of 
Defense, the Secretary shall use competitive procedures to select the 
lessee.
    (2) Not later than 45 days before entering into a lease described in 
paragraph (1), the Secretary shall submit to Congress a written notice 
describing the terms of the proposed lease and the competitive 
procedures used to select the lessee.
    (d) Disposition of Money Rent.--Money rentals received pursuant to a 
lease entered into by the Secretary of Defense under subsection (a) 
shall be deposited in a special account in the Treasury established for 
the Defense agency whose property is subject to the lease. Amounts in a 
Defense agency's special account shall be available, to the extent 
provided in appropriations Acts, solely for the maintenance, repair, 
restoration, or replacement of the leased property.

(Added Pub. L. 105-85, div. A, title X, Sec. 1062(a), Nov. 18, 1997, 111 
Stat. 1891.)


                            Prior Provisions

    A prior section 2667a, added Pub. L. 98-115, title VIII, 
Sec. 807(a)(1), Oct. 11, 1983, 97 Stat. 786, provided for sale and 
replacement of nonexcess real property, prior to repeal by Pub. L. 98-
115, title VIII, Sec. 807(c), Oct. 11, 1983, 97 Stat. 789, as amended by 
Pub. L. 99-167, title VIII, Sec. 806(a), Dec. 3, 1985, 99 Stat. 988, 
effective Oct. 1, 1986.
