
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: 10USC9781]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                       CHAPTER 949--REAL PROPERTY
 
Sec. 9781. Disposition of real property at missile sites

    (a)(1) The Administrator of General Services shall dispose of the 
interest of the United States in any tract of real property described in 
paragraph (2) or in any easement held in connection with any such tract 
of real property only as provided in this section.
    (2) The real property referred to in paragraph (1) is any tract of 
land (including improvements thereon) owned by the Air Force that--
        (A) is not required for the needs of the Air Force and the 
    discharge of the responsibilities of the Air Force, as determined by 
    the Secretary of the Air Force;
        (B) does not exceed 25 acres;
        (C) was used by the Air Force as a site for one or more missile 
    launch facilities, missile launch control buildings, or other 
    facilities to support missile launch operations; and
        (D) is surrounded by lands that are adjacent to such tract and 
    that--
            (i) are owned in fee simple by one owner, either 
        individually or by more than one person jointly, in common, or 
        by the entirety; or
            (ii) are owned separately by two or more owners.

    (b)(1)(A) Whenever the interest of the United States in a tract of 
real property or easement referred to in subsection (a) is available for 
disposition under this section, the Administrator shall transmit a 
notice of the availability of the real property or easement to each 
person described in subsection (a)(2)(D)(i) who owns lands adjacent to 
that real property or easement.
    (B) The Administrator shall convey, for fair market value, the 
interest of the United States in a tract of land referred to in 
subsection (a), or in any easement in connection with such a tract of 
land, to any person or persons described in subsection (a)(2)(D)(i) who, 
with respect to such land, are ready, willing, and able to purchase such 
interest for the fair market value of such interest.
    (2)(A) In the case of a tract of real property referred to in 
subsection (a) that is surrounded by adjacent lands that are owned 
separately by two or more owners, the Administrator shall dispose of 
that tract of real property in accordance with this paragraph. In 
disposing of the real property, the Administrator shall satisfy the 
requirements specified in paragraph (1) regarding notice to owners, sale 
at fair market value, and the determination of the qualifications of the 
purchaser.
    (B) The Administrator shall dispose of such a tract of real property 
through a sealed bid competitive sale. The Administrator shall afford an 
opportunity to compete to acquire the interest of the United States in 
the real property to all of the persons described in subsection 
(a)(2)(D)(ii) who own lands adjacent to that real property. The 
Administrator shall restrict to these persons the opportunity to compete 
in the sealed bid competitive sale.
    (C) Subject to subparagraph (D), the Administrator shall convey the 
interest of the United States in the tract of real property to the 
highest bidder.
    (D) If all of the bids received by the Administrator in the sealed 
bid competitive sale of the tract of real property are less than the 
fair market value of the real property, the Administrator shall dispose 
of the real property in accordance with the provisions of title II of 
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
481 et seq.).
    (c) The Administrator shall determine the fair market value of the 
interest of the United States to be conveyed under this section.
    (d) The requirement to determine whether any tract of land described 
in subsection (a)(2) is excess property or surplus property under title 
II of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 481 et seq.) before disposing of such tract shall not be 
applicable to the disposition of such tract under this section.
    (e) The disposition of a tract of land under this section to any 
person shall be subject to (1) any easement retained by the Secretary of 
the Air Force with respect to such tract, and (2) such additional terms 
and conditions as the Administrator considers necessary or appropriate 
to protect the interests of the United States.
    (f) The exact acreage and legal description of any tract of land to 
be conveyed under this section shall be determined in any manner that is 
satisfactory to the Administrator. The cost of any survey conducted for 
the purpose of this subsection in the case of any tract of land shall be 
borne by the person or persons to whom the conveyance of such tract of 
land is made.
    (g) If any real property interest of the United States described in 
subsection (a) is not purchased under the procedures provided in 
subsections (a) through (f), such tract may be disposed of only in 
accordance with the Federal Property and Administrative Services Act of 
1949.

(Added Pub. L. 100-180, div. B, subdiv. 3, title II, Sec. 2325(a), Dec. 
4, 1987, 101 Stat. 1220; amended Pub. L. 103-160, div. B, title XXVIII, 
Sec. 2851, Nov. 30, 1993, 107 Stat. 1906.)

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsecs. (b)(2)(D), (d), and (g), is act June 30, 1949, 
ch. 288, 63 Stat. 377, as amended. Provisions of the act relating to 
management and disposal of Government property are classified to chapter 
10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and 
Works. Title II of that Act, is classified principally to subchapter II 
(Sec. 481 et seq.) of chapter 10 of Title 40. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 471 of Title 40 and Tables.


                               Amendments

    1993--Subsec. (a)(1). Pub. L. 103-160, Sec. 2851(a)(1), substituted 
``Administrator of General Services'' for ``Secretary of the Air 
Force''.
    Subsec. (a)(2)(D). Pub. L. 103-160, Sec. 2851(b), added subpar. (D) 
and struck out former subpar. (D) which read as follows: ``is surrounded 
by lands that are adjacent to such tract and that are owned in fee 
simple by one owner or by more than one owner jointly, in common, or by 
the entirety.''
    Subsec. (b). Pub. L. 103-160, Sec. 2851(c), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``The 
Secretary shall convey, for fair market value, the interest of the 
United States in any tract of land referred to in subsection (a) or in 
any easement in connection with any such tract of land to any person or 
persons who, with respect to such tract of land, own lands referred to 
in paragraph (2)(D) of such subsection and are ready, willing, and able 
to purchase such interest for the fair market value of such interest. 
Whenever such interest of the United States is available for purchase 
under this section, the Secretary shall transmit a notice of the 
availability of such interest to each such person.''
    Subsec. (c). Pub. L. 103-160, Sec. 2851(a)(2), substituted 
``Administrator'' for ``Secretary''.
    Subsec. (e). Pub. L. 103-160, Sec. 2851(a)(3), substituted 
``Secretary of the Air Force with respect to such tract, and (2) such 
additional terms and conditions as the Administrator'' for ``Secretary 
with respect to such tract, and (2) such additional terms and conditions 
as the Secretary''.
    Subsec. (f). Pub. L. 103-160, Sec. 2851(a)(4), substituted 
``Administrator'' for ``Secretary''.
