2005 Defense Base Closure and Realignment Commission Report: Volume 2 Page: C-16
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with commissary store funds or nonappropriated funds in property disposed of pursuant to
the agreement being modified, in accordance with section 2906(d).
(ii) When exercising the authority granted by clause (i), the Secretary may waive some or
all future payments if, and to the extent that, the Secretary determines such waiver is necessary.
(iii) With the exception of the requirement that the transfer be without consideration, the
requirements of subparagraphs (B), (C), and (D) shall be applicable to any agreement modified
pursuant to clause (i).
(I) In the case of an agreement for the transfer of property of a military installation under
this paragraph that was entered into during the period beginning on April 21, 1999, and ending on
the date of enactment of the National Defense Authorization Act for Fiscal Year 2000, at the
request of the redevelopment authority concerned, the Secretary shall modify the agreement to
conform to all the requirements of subparagraphs (B), (C), and (D). Such a modification may
include the compromise, waiver, adjustment, release, or reduction of any right, title, claim, lien, or
demand of the United States under the agreement.
(J) The Secretary may require any additional terms and conditions in connection with a
transfer under this paragraph as such Secretary considers appropriate to protect the interests of
the United States.
(5)(A) Except as provided in subparagraphs (B) and (C), the Secretary shall take such
actions as the Secretary determines necessary to ensure that final determinations under paragraph
(1) regarding whether another department or agency of the Federal Government has identified a
use for any portion of a military installation to be closed or realigned under this part, or will
accept transfer of any portion of such installation, are made not later than 6 months after the date
of approval of closure or realignment of that installation.
(B) The Secretary may, in consultation with the redevelopment authority with respect to
an installation, postpone making the final determinations referred to in subparagraph (A) with
respect to the installation for such period as the Secretary determines appropriate if the Secretary
determines that such postponement is in the best interests of the communities affected by the
closure or realignment of the installation.
(C)(i) Before acquiring non-Federal real property as the location for a new or replacement
Federal facility of any type, the head of the Federal agency acquiring the property shall consult
with the Secretary regarding the feasibility and cost advantages of using Federal property or
facilities at a military installation closed or realigned or to be closed or realigned under this part as
the location for the new or replacement facility. In considering the availability and suitability of a
specific military installation, the Secretary and the head of the Federal agency involved shall
obtain the concurrence of the redevelopment authority with respect to the installation and comply
with the redevelopment plan for the installation.
(ii) Not later than 30 days after acquiring non-Federal real property as the location for a
new or replacement Federal facility, the head of the Federal agency acquiring the property shall
submit to Congress a report containing the results of the consultation under clause (i) and the
reasons why military installations referred to in such clause that are located within the area to be
served by the new or replacement Federal facility or within a 200-mile radius of the new or
replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for
the site of the new or replacement facility.
(iii) This subparagraph shall apply during the period beginning on the date of theC-16
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United States. Defense Base Closure and Realignment Commission. 2005 Defense Base Closure and Realignment Commission Report: Volume 2, report, 2005; Arlington, Virginia. (https://digital.library.unt.edu/ark:/67531/metadc141808/m1/33/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.