12 2 STA T .546PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 orinte re s tin ac cor d ance w it h this s ub section and f or the p a ym ent by the U nited S tates of a l l or a portion of the costs of such natural resource mana g ement if the Secretary concerned determines that there is a demonstrated need to preser v e or restore habitat for the purpose described in subsection ( a ) ( 2 ) .’ ’. (b) LIM I TA TI ON ON P O R TION O FACQU I S ITION C OSTS B ORN EBY UNITE D STATES. — Paragraph ( 4 ) of such subsection , as redesignated by subsection (a)( 1 ), is amended— (1) by redesignating subparagraph ( D ) as subparagraph ( E )
(2) in subparagraph (C), by stri k ing ‘ ‘e q ual to the fair market value’’ and all that follows through the period at the end and inserting ‘‘equal to, at the discretion of the Secretary concerned— ‘‘(i) the fair market value of any property or interest in property to be transferred to the United States upon the request of the Secretary concerned under paragraph ( 5 ); or ‘‘(ii) the cumulative fair market value of all properties or interests to be transferred to the United States under para - graph (5) pursuant to an agreement under subsection (a).’’; and ( 3 ) by inserting after subparagraph (C) the following new subparagraph
‘‘(D) T he portion of acquisition costs borne by the United States under subparagraph (A) may e x ceed the amount determined under subparagraph (C), but only if— ‘‘(i) the Secretary concerned provides written notice to the Committee on Armed Services of the Senate and the Committee on Armed Services of the H ouse of R epresentatives containing— ‘‘( I ) a certification by the Secretary that the military value to the United States of the property or interest to be acquired j ustifies a payment in excess of the fair market value of the property or interest; and ‘‘(II) a description of the military value to be obtained; and ‘‘(ii) the contribution toward the acquisition costs of the property or interest is not made until at least 14 days after the date on which the notice is submitted under clause (i) or, if earlier, at least 1 0 days after the date on which a copy of the notice is provided in an electronic medium pursuant to section 4 8 0 of this title.’’. SEC.28 2 6 . E XPAN S IO N T OA L L M ILITA RYD EPARTMENTS O F ARMY PILOT PRO G RAM FOR P U RC H ASE OF CERTAIN MUNIC - IPAL SER V ICES FOR MILITARY INSTALLATIONS. (a) E XP ANSION OF PI L OT PRO G RAM.—Section 325 of the Ronald W . Reagan N ational Defense Authori z ation Act for F iscal Y ear 2005 (Public Law 108 – 3 7 5; 10 U.S.C. 24 6 1 note) is amended— (1) in the section heading, by striking ‘‘ ARMY ’’ and inserting ‘‘M IL I T ARY’’; (2) in subsection (a)— (A) by striking ‘‘Secretary of the Army’’ and inserting ‘‘Secretary of a military department’’; and (B) by striking ‘‘an Army installation’’ and inserting ‘‘a military installation under the jurisdiction of the Sec- retary’’; and Certif i ca ti on.N otification.
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