
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC781]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
               CHAPTER 17--ALASKA COMMUNICATIONS DISPOSAL
 
  SUBCHAPTER II--TRANSFER OF GOVERNMENT-OWNED LONG-LINES COMMUNICATION 
                       FACILITIES IN AND TO ALASKA
 
Sec. 781. Matters relative to transfer


(1) Authorization, Executive approval, adequate consideration, scope of 
        transfer, qualification of transferee, necessary or appropriate 
        actions and powers

    Subject to the provisions of section 782 of this title, and 
notwithstanding provisions of any other law, the Secretary of Defense or 
his designee, with the advice, assistance, and, in the case of any 
agency not under the jurisdiction of the Secretary of Defense, the 
consent of the agency concerned, and after approval of the President, is 
authorized to and shall transfer for adequate consideration any or all 
long-lines communication facilities in or to Alaska under the 
jurisdiction of the Federal Government to any person qualifying under 
the provisions of section 782 of this title, and may take such action 
and exercise such powers as may be necessary or appropriate to 
effectuate the purposes of this chapter.

(2) Procedures and methods

    Transfers under this subchapter shall be made in accordance with the 
procedures and methods required by section 484(e), (1), (2), and (3) of 
this title, except that ``the Secretary of Defense or his designee'' 
shall be substituted for all references therein to ``the 
Administrator''.

(3) Applicability of antitrust provisions

    The requirements of section 488 of this title shall apply to 
transfers under this subchapter.

(4) Documents of title or other property interests; mineral rights 
        exception; other necessary or proper action; copy of instrument 
        to Secretary of the Interior

    The head of the agency concerned or his designee shall execute such 
documents for the transfer of title or other interest in property, 
except any mineral rights therein, and take such other action as the 
Secretary of Defense deems necessary or proper to transfer such property 
under the provisions of this subchapter. A copy of any deed, lease, or 
other instrument executed by or on behalf of the head of the agency 
concerned purporting to transfer title or any other interest in public 
land shall be furnished to the Secretary of the Interior.

(5) Consent of Secretary concerned

    No interest in public lands, withdrawn or otherwise appropriated, 
may be transferred under this subchapter, without the prior consent of 
the Secretary of the Interior, or, with respect to lands within a 
national forest, of the Secretary of Agriculture.

(6) Solicitation of offers to purchase

    In connection with soliciting offers to purchase such long-lines 
facilities of the Alaska Communication System the Secretary of Defense 
or his designee shall:
        (a) Provide any prospective purchaser who requests it data on 
    (i) the facilities available for purchase, (ii) the amounts deemed 
    to be the current fair and reasonable value of those facilities, and 
    (iii) the initial rates which will be charged to the purchaser for 
    capacity in facilities retained by the Government and available for 
    commercial use;
        (b) Provide, in the request for offers to purchase, that 
    offerors must specify the rates they propose to charge for service 
    and the improvements in service which they propose to initiate;
        (c) Provide an opportunity for prospective purchasers to meet as 
    a group with Department of Defense representatives to assure that 
    the data and the public interest requirements described in (a) and 
    (b), above, are fully understood; and
        (d) Seek the advice and assistance of the Federal Communications 
    Commission, the Federal Field Committee for Development Planning in 
    Alaska, and the Governor of Alaska or his designees, to assure 
    consideration of all public interest factors associated with the 
    transfer.

(Pub. L. 90-135, title II, Sec. 201, Nov. 14, 1967, 81 Stat. 442.)
