
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(d)(1)]
[CITE: 10USC2814]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
                   SUBCHAPTER I--MILITARY CONSTRUCTION
 
Sec. 2814. Special authority for development of Ford Island, 
        Hawaii
        
    (a) In General.--(1) Subject to paragraph (2), the Secretary of the 
Navy may exercise any authority or combination of authorities in this 
section for the purpose of developing or facilitating the development of 
Ford Island, Hawaii, to the extent that the Secretary determines the 
development is compatible with the mission of the Navy.
    (2) The Secretary of the Navy may not exercise any authority under 
this section until--
        (A) the Secretary submits to the appropriate committees of 
    Congress a master plan for the development of Ford Island, Hawaii; 
    and
        (B) a period of 30 calendar days has elapsed following the date 
    on which the notification is received by those committees.

    (b) Conveyance Authority.--(1) The Secretary of the Navy may convey 
to any public or private person or entity all right, title, and interest 
of the United States in and to any real property (including any 
improvements thereon) or personal property under the jurisdiction of the 
Secretary in the State of Hawaii that the Secretary determines--
        (A) is excess to the needs of the Navy and all of the other 
    armed forces; and
        (B) will promote the purpose of this section.

    (2) A conveyance under this subsection may include such terms and 
conditions as the Secretary considers appropriate to protect the 
interests of the United States.
    (c) Lease Authority.--(1) The Secretary of the Navy may lease to any 
public or private person or entity any real property or personal 
property under the jurisdiction of the Secretary in the State of Hawaii 
that the Secretary determines--
        (A) is not needed for current operations of the Navy and all of 
    the other armed forces; and
        (B) will promote the purpose of this section.

    (2) A lease under this subsection shall be subject to section 
2667(b)(1) of this title and may include such other terms as the 
Secretary considers appropriate to protect the interests of the United 
States.
    (3) A lease of real property under this subsection may provide that, 
upon termination of the lease term, the lessee shall have the right of 
first refusal to acquire the real property covered by the lease if the 
property is then conveyed under subsection (b).
    (4)(A) The Secretary may provide property support services to or for 
real property leased under this subsection.
    (B) To the extent provided in appropriations Acts, any payment made 
to the Secretary for services provided under this paragraph shall be 
credited to the appropriation, account, or fund from which the cost of 
providing the services was paid.
    (d) Acquisition of Leasehold Interest by Secretary.--(1) The 
Secretary of the Navy may acquire a leasehold interest in any facility 
constructed under subsection (f) as consideration for a transaction 
authorized by this section upon such terms as the Secretary considers 
appropriate to promote the purpose of this section.
    (2) The term of a lease under paragraph (1) may not exceed 10 years, 
unless the Secretary of Defense approves a term in excess of 10 years 
for purposes of this section.
    (3) A lease under this subsection may provide that, upon termination 
of the lease term, the United States shall have the right of first 
refusal to acquire the facility covered by the lease.
    (e) Requirement for Competition.--The Secretary of the Navy shall 
use competitive procedures for purposes of selecting the recipient of 
real or personal property under subsection (b) and the lessee of real or 
personal property under subsection (c).
    (f) Consideration.--(1) As consideration for the conveyance of real 
or personal property under subsection (b), or for the lease of real or 
personal property under subsection (c), the Secretary of the Navy shall 
accept cash, real property, personal property, or services, or any 
combination thereof, in an aggregate amount equal to not less than the 
fair market value of the real or personal property conveyed or leased.
    (2) Subject to subsection (i), the services accepted by the 
Secretary under paragraph (1) may include the following:
        (A) The construction or improvement of facilities at Ford 
    Island.
        (B) The restoration or rehabilitation of real property at Ford 
    Island.
        (C) The provision of property support services for property or 
    facilities at Ford Island.

    (g) Notice and Wait Requirements.--The Secretary of the Navy may not 
carry out a transaction authorized by this section until--
        (1) the Secretary submits to the appropriate committees of 
    Congress a notification of the transaction, including--
            (A) a detailed description of the transaction; and
            (B) a justification for the transaction specifying the 
        manner in which the transaction will meet the purposes of this 
        section; and

        (2) a period of 30 calendar days has elapsed following the date 
    on which the notification is received by those committees.

    (h) Ford Island Improvement Account.--(1) There is established on 
the books of the Treasury an account to be known as the ``Ford Island 
Improvement Account''.
    (2) There shall be deposited into the account the following amounts:
        (A) Amounts authorized and appropriated to the account.
        (B) Except as provided in subsection (c)(4)(B), the amount of 
    any cash payment received by the Secretary for a transaction under 
    this section.

    (i) Use of Account.--(1) Subject to paragraph (2), to the extent 
provided in advance in appropriations Acts, funds in the Ford Island 
Improvement Account may be used as follows:
        (A) To carry out or facilitate the carrying out of a transaction 
    authorized by this section.
        (B) To carry out improvements of property or facilities at Ford 
    Island.
        (C) To obtain property support services for property or 
    facilities at Ford Island.

    (2) To extent that the authorities provided under subchapter IV of 
this chapter are available to the Secretary of the Navy, the Secretary 
may not use the authorities in this section to acquire, construct, or 
improve family housing units, military unaccompanied housing units, or 
ancillary supporting facilities related to military housing.
    (3)(A) The Secretary may transfer funds from the Ford Island 
Improvement Account to the following funds:
        (i) The Department of Defense Family Housing Improvement Fund 
    established by section 2883(a)(1) of this title.
        (ii) The Department of Defense Military Unaccompanied Housing 
    Improvement Fund established by section 2883(a)(2) of this title.

    (B) Amounts transferred under subparagraph (A) to a fund referred to 
in that subparagraph shall be available in accordance with the 
provisions of section 2883 of this title for activities authorized under 
subchapter IV of this chapter at Ford Island.
    (j) Inapplicability of Certain Property Management Laws.--Except as 
otherwise provided in this section, transactions under this section 
shall not be subject to the following:
        (1) Sections 2667 and 2696 of this title.
        (2) Section 501 of the McKinney-Vento Homeless Assistance Act 
    (42 U.S.C. 11411).
        (3) Sections 202 and 203 of the Federal Property and 
    Administrative Services Act of 1949 (40 U.S.C. 483, 484).

    (k) Scoring.--Nothing in this section shall be construed to waive 
the applicability to any lease entered into under this section of the 
budget scorekeeping guidelines used to measure compliance with the 
Balanced Budget and Emergency Deficit Control Act of 1985.
    (l) Property Support Service Defined.--In this section, the term 
`property support service' means the following:
        (1) Any utility service or other service listed in section 
    2686(a) of this title.
        (2) Any other service determined by the Secretary to be a 
    service that supports the operation and maintenance of real 
    property, personal property, or facilities.

(Added Pub. L. 106-65, div. B, title XXVIII, Sec. 2802(a)(1), Oct. 5, 
1999, 113 Stat. 845; amended Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(16)], Oct. 30, 2000, 114 Stat. 1654, 1654A-291; Pub. L. 
106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675.)

                       References in Text

    The Balanced Budget and Emergency Deficit Control Act of 1985, 
referred to in subsec. (k), is title II of Pub. L. 99-177, Dec. 12, 
1985, 99 Stat. 1038, as amended, which enacted chapter 20 (Sec. 900 et 
seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 
602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, 
and 1109 of Title 31, Money and Finance, and section 911 of Title 42, 
The Public Health and Welfare, repealed section 661 of Title 2, enacted 
provisions set out as notes under section 900 of Title 2 and section 911 
of Title 42, and amended provisions set out as a note under section 621 
of Title 2. For complete classification of this Act to the Code, see 
Short Title note set out under section 900 of Title 2 and Tables.


                               Amendments

    2000--Subsec. (j)(2). Pub. L. 106-400 substituted ``McKinney-Vento 
Homeless Assistance Act'' for ``Stewart B. McKinney Homeless Assistance 
Act''.
    Subsec. (k). Pub. L. 106-398 inserted ``and'' after ``Balanced 
Budget''.

                  Section Referred to in Other Sections

    This section is referred to in section 2883 of this title.
