103 STAT. 1650 PUBLIC LAW 101-189—NOV. 29, 1989 "(A) not more than three leases in fiscal year 1990; and "(B) not more than five leases in each of the fiscal years 1991 and 1992. "(d) Each lease entered into under this section shall include a provision that the obligation of the United States to make payments under the lease in any fiscal year is subject to the availability of appropriations for that purpose.". (b) CLERICAL AMENDMENT. —The table of sections at the beginning of subchapter I of such chapter is amended by adding at the end the following new item: " 2812. Lease-purchase of facilities. ". PART B—LAND TRANSACTIONS SEC. 2811. LAND CONVEYANCE AT MARINE CORPS AIR STATION, EL TORO. CALIFORNIA, AND CONSTRUCTION OF FAMILY HOUSING AT MARINE CORPS AIR STATION, TUSTIN, CALIFORNIA (a) IN GENERAL.— Subject to subsections Oo) through (d), the Sec- retary of the Navy may— (1) convey to the County of Orange, California, or its designee, or both, all right, title, and interest of the United States in and to approximately 77 acres of real property, including improve- ments thereon, consisting of three severable parcels at Marine Corps Air Station, El Toro, California; and (2) accept monetary consideration for such property and expend it for the construction of additional military family housing units at Marine Corps Air Station, Tustin, California. (b) CONDITIONS.— (1) The Secretary shall provide that all convey- ances under this section are subject to the retention of appropriate interests to ensure that future use of the conveyed property is compatible with military activities. (2) Conveyances under this section shall be made in exchange for payment of the fair market value of the property conveyed, as determined by an independent appraisal satisfactory to the Sec- retary and paid for by the County or its designees, or both. (3) Any contract for construction authorized under this section shall be awarded through competitive procedures. (4) The Secretary may not enter into any contract for construction under this section until after the 21-day period beginning on the date on which the Secretary transmits to the Committees on Armed Services and the Committees on Appropriations of the Senate and of the House of Representatives a detailed report on the proposed contract. (5) The Secretary shall deposit into the Treasury as miscellaneous receipts any amount received under this section and not obligated under this section by the end of the four-year period beginning on the date of the receipt thereof. (c) DESCRIPTION OF PROPERTY.— The exact acreage and legal description of the property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary. The cost of such survey shall be borne by the County or its designee, or both. (d) ADDITIONAL TERMS AND CONDITIONS. —The Secretary may re- quire such additional terms and conditions in connection with the conveyance under this section as the Secretary determines appro- priate to protect the interests of the United States.
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