Page:United States Statutes at Large Volume 113 Part 2.djvu/259

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PUBLIC LAW 106-79—OCT. 25, 1999 113 STAT. 1279 (3)(A) Consideration, if Einy, for real property leased under a leaseback entered into under this subsection shall be in such form and amount as the Secretary considers appropriate. (B) The Secretary may use funds in the Project Fund or other funds appropriated or otherwise available to the Department for use at the Base for payment of any such cash rent, (4) Notwithstanding any other provision of law, the Department or other military department or other Federal agency using the real property leased under a leaseback entered into under this subsection may construct and erect facilities on or otherwise improve the leased property using fxinds appropriated or otherwise available to the Department or other military department or other Federal agency for such purpose. (g) CONSIDERATION.— (1) The Secretary shall determine the nature, value, and adequacy of consideration required or offered in exchange for a lease, sale, or other conveyance or transfer of real or personal property or for other actions taken under the Project. (2) Consideration may be in cash or in-kind or any combination thereof. In-kind consideration may include the following: (A) Real property. (B) Personal property. (C) Goods or services, including operation, maintensuice, protection, repair, or restoration (including environmental restoration) of any property or facilities (including non-appropriated fund facilities). (D) Base operating support services. (E) Improvement of Department facilities. (F) Provision of facilities, including office, storage, or other usable space, for use by the Department on or off the Base. (G) Public services. (3) Consideration may not be for less them the fair market value. (h) PROJECT FUND. —(1) There is established on the books of the Treasury a fund to be known as the "Base Efficiency Project Fund" into which all cash rents, proceeds, payments, reimbursements, and other amoiuits from leases, sales, or other conveyainces or treuisfers, joint activities, and all other actions taken under the Project shall be deposited. All amounts deposited into the Project Fund are without fiscal year limitation. (2) Amounts in the Project Fiuid may be used only for operation, base operating support services, medntenance, repair, or improvement of Department facilities, payment of consideration for acquisitions of interests in real property (including payment of rentals for leasebacks), and environmental protection or restoration, in addition to or in combination with other amounts appropriated for these purposes. (3) Subject to generally prescribed finguicieJ management regulations, the Secretary shall establish the structure of the Project Fund and such administrative policies and procedures as the Secretary considers necessary to account for sind control deposits into and disbursements from the Project Fund effectively. (4) All amoiints in the Project Fund shall be available for use for the purposes authorized in paragraph (2) at the Base. (i) FEDERAL AGENCIES.— (1)(A) Any Federal agency, its contractors, or its grantees shall pay rent, in cash or services, for the