Common use of ACQUISITION AND ACCEPTANCE OF PROPERTY AND INTERESTS Clause in Contracts

ACQUISITION AND ACCEPTANCE OF PROPERTY AND INTERESTS. (1) An agreement with an eligi- ble entity or entities under this section shall provide for— (A) the acquisition by the entity or entities of all right, title, and interest in and to any real property, or any lesser interest in the property, as may be appropriate for purposes of this section; and (B) the sharing by the United States and the entity or entities of the acquisition costs in accordance with paragraph (3). (2) Property or interests may not be acquired pursuant to the agreement unless the owner of the property or interests consents to the acqui- sition. (3) An agreement with an eligible entity under this section may provide for the management of natural resources on real property in which the Secretary concerned acquires any right, title, or interest in accordance with this subsection and for the payment by the United States of all or a portion of the costs of such natural resource management if the Secretary concerned deter- mines that there is a demonstrated need to pre- serve or restore habitat for the purpose de- scribed in subsection (a)(2). (A) The Secretary concerned shall deter- mine the appropriate portion of the acquisition costs to be borne by the United States in the sharing of acquisition costs of real property, or an interest in real property, under paragraph (1)(B). (B) In lieu of or in addition to making a mone- xxxx contribution toward the cost of acquiring a parcel of real property, or an interest therein, pursuant to an agreement under this section, the Secretary concerned may convey, using the authority provided by section 2869 of this title, real property described in paragraph (2) of sub- section (a) of such section, subject to the limita- tion in paragraph (3) of such subsection. (C) The portion of acquisition costs borne by the United States under subparagraph (A), ei- ther through the contribution of funds or excess real property, or both, may not exceed an amount equal to, at the discretion of the Sec- retary 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 Sec- retary concerned under paragraph (5); or (ii) the cumulative fair market value of all properties or interests to be transferred to the United States under paragraph (5) pursuant to an agreement under subsection (a). (D) The portion of acquisition costs borne by the United States under subparagraph (A) may exceed the amount determined under subpara- graph (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 Serv- ices of the House of Representatives contain- ing— (I) a certification by the Secretary that the military value to the United States of the property or interest to be acquired xxxxx- xxxx 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 10 days after the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title. (E) The contribution of an entity or entities to the acquisition costs of real property, or an in- terest in real property, under paragraph (1)(B) may include, with the approval of the Secretary concerned, the following or any combination of the following: (i) The provision of funds, including funds received by such entity or entities from a Fed- eral agency outside the Department of Defense or a State or local government in connection with a Federal, State, or local program. (ii) The provision of in-kind services, includ- ing services related to the acquisition or maintenance of such real property or interest in real property. (iii) The exchange or donation of real prop- erty or any interest in real property. (5) The agreement shall require the entity or entities to transfer to the United States, upon the request of the Secretary concerned, all or a portion of the property or interest acquired under the agreement or a lesser interest therein. The Secretary shall limit such transfer request to the minimum property or interests necessary to ensure that the property concerned is devel- oped and used in a manner appropriate for pur- poses of this section. (6) The Secretary concerned may accept on be- half of the United States any property or inter- est to be transferred to the United States under the agreement. (7) For purposes of the acceptance of property or interests under the agreement, the Secretary concerned may accept an appraisal or title docu- ments prepared or adopted by a non-Federal en- tity as satisfying the applicable requirements of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651) or section 3111 of title 40, if the Secretary concerned finds that the appraisal or title documents substantially comply with the requirements.

ACQUISITION AND ACCEPTANCE OF PROPERTY AND INTERESTS. (1) An agreement with an eligi- ble eligible entity or entities under this section shall provide for— (A) the acquisition by the entity or entities of all right, title, and interest in and to any real property, or any lesser interest in the property, as may be appropriate for purposes of this section; and (B) the sharing by the United States and the entity or entities of the acquisition costs in accordance with paragraph (3). (2) Property or interests may not be acquired pursuant to the agreement unless the owner of the property or interests consents to the acqui- sitionacquisition. (3) An agreement with an eligible entity under this section may provide for the management of natural resources on on, and the monitoring and enforcement of any right, title, real property in which the Secretary concerned acquires any right, title, or interest in accordance with this subsection and for the payment by the United States of all or a portion of the costs of such natural resource management and monitoring and enforcement if the Secretary concerned deter- mines determines that there is a demonstrated need to pre- serve preserve or restore habitat for the purpose de- scribed described in subsection (a)(2). Any such payment by the United States— (A) may be paid in a lump sum and include an amount intended to cover the future costs of natural resource management and monitoring and enforcement; and (B) may be placed by the eligible entity in an interest-bearing account, and any interest shall be applied for the same purposes as the principal. (A) The Secretary concerned shall deter- mine determine the appropriate portion of the acquisition costs to be borne by the United States in the sharing of acquisition costs of real property, or an interest in real property, under paragraph (1)(B). (B) In lieu of or in addition to making a mone- xxxx monetary contribution toward the cost of acquiring a parcel of real property, or an interest therein, pursuant to an agreement under this section, the Secretary concerned may convey, using the authority provided by section 2869 of this title, real property described in paragraph (2) of sub- section (a) of such section, subject to the limita- tion in paragraph (3) of such subsection.by (C) The portion of acquisition costs borne by the United States under subparagraph (A), ei- ther either through the contribution of funds or excess real property, or both, may not exceed an amount equal to, at the discretion of the Sec- retary 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 Sec- retary 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 paragraph (5) pursuant to an agreement under subsection (a). (D) The portion of acquisition costs borne by the United States under subparagraph (A) may exceed the amount determined under subpara- graph 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 Serv- ices Services of the House of Representatives contain- ingcontaining— (I) a certification by the Secretary that the military value to the United States of the property or interest to be acquired xxxxx- xxxx justifies 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 10 days after the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title. (E) The contribution of an entity or entities to the acquisition costs of real property, or an in- terest interest in real property, under paragraph (1)(B) may include, with the approval of the Secretary concerned, the following or any combination of the following: (i) The provision of funds, including funds received by such entity or entities from a Fed- eral Federal agency outside the Department of Defense or a State or local government in connection with a Federal, State, or local program. (ii) The provision of in-kind services, includ- ing including services related to the acquisition or maintenance of such real property or interest in real property. (iii) The exchange or donation of real prop- erty property or any interest in real property.. (5) (5A) The agreement shall require the entity or entities to transfer to the United States, upon the request of the Secretary concerned, all or a portion of the property or interest acquired under the agreement or a lesser interest therein. No such requirement need be included in the agreement if the property or interest is being transferred to a State, or the agreement requires it to be subsequently transferred to a State, and the Secretary concerned determines that the laws and regulations applicable to the future use of such property or interest provide adequate assurance that the property concerned will be developed and used in a manner appropriate for purposes of this section. The Secretary shall limit such transfer request to the minimum property or interests necessary to ensure that the property concerned is devel- oped developed and used in a manner appropriate for pur- poses purposes of this section. (6B) The Secretary concerned may accept on be- half Notwithstanding subparagraph (A), if all or a portion of the United States any property or inter- est to be interest acquired under the agreement is subsequently transferred to the United States and administrative jurisdiction over the property is under a Federal official other than a Secretary concerned, the agreement. (7) For Secretary concerned and that Federal official shall enter into a memorandum of agreement providing, to the satisfaction of the Secretary concerned, for the management of the property or interest concerned in a manner appropriate for purposes of this section. Such memorandum of agreement shall also provide that, should it be proposed that the acceptance of property or interests under interest concerned be developed or used in a manner not appropriate for purposes of this section, including declaring the agreementproperty to be excess to the agency’s needs or proposing to exchange the property for other property, the Secretary concerned may accept an appraisal or title docu- ments prepared or adopted by a non-Federal en- tity as satisfying request that administrative jurisdiction over the applicable requirements of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651) or section 3111 of title 40, if property be transferred to the Secretary concerned finds that at no cost, and, upon such a request being made, the appraisal or title documents substantially comply with administrative jurisdiction over the requirementsproperty shall be transferred accordingly.

ACQUISITION AND ACCEPTANCE OF PROPERTY AND INTERESTS. (1) An agreement with an eligi- ble entity or entities under this section shall provide for— (A) the acquisition by the entity or entities of all right, title, and interest in and to any real property, or any lesser interest in the property, as may be appropriate for purposes of this section; and (B) the sharing by the United States and the entity or entities of the acquisition costs in accordance with paragraph (3). (2) Property or interests may not be acquired pursuant to the agreement unless the owner of the property or interests consents to the acqui- sition. (3) An agreement with an eligible entity under this section may provide for the management of natural resources on on, and the monitoring and enforcement of any right, title, real property in which the Secretary concerned acquires any right, title, or interest in accordance with this subsection and for the payment by the United States of all or a portion of the costs of such natural resource management and monitoring and enforcement if the Secretary concerned deter- mines de- termines that there is a demonstrated need to pre- serve preserve or restore habitat for the purpose de- scribed in subsection (a)(2). Any such payment by the United States— (A) may be paid in a lump sum and include an amount intended to cover the future costs of natural resource management and monitor- ing and enforcement; and (B) may be placed by the eligible entity in an interest-bearing account, and any interest shall be applied for the same purposes as the principal. (A) The Secretary concerned shall deter- mine the appropriate portion of the acquisition costs to be borne by the United States in the sharing of acquisition costs of real property, or an interest in real property, under paragraph (1)(B). (B) In lieu of or in addition to making a mone- xxxx contribution toward the cost of acquiring a parcel of real property, or an interest therein, pursuant to an agreement under this section, the Secretary concerned may convey, using the authority provided by section 2869 of this title, real property described in paragraph (2) of sub- section (a) of such section, subject to the limita- tion in paragraph (3) of such subsection. (C) The portion of acquisition costs borne by the United States under subparagraph (A), ei- ther through the contribution of funds or excess real property, or both, may not exceed an amount equal to, at the discretion of the Sec- retary 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 Sec- retary concerned under paragraph (5); or (ii) the cumulative fair market value of all properties or interests to be transferred to the United States under paragraph (5) pursuant to an agreement under subsection (a). (D) The portion of acquisition costs borne by the United States under subparagraph (A) may exceed the amount determined under subpara- graph (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 Serv- ices of the House of Representatives contain- ing— (I) a certification by the Secretary that the military value to the United States of the property or interest to be acquired xxxxx- xxxx 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 10 days after the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title. (E) The contribution of an entity or entities to the acquisition costs of real property, or an in- terest in real property, under paragraph (1)(B) may include, with the approval of the Secretary concerned, the following or any combination of the following: (i) The provision of funds, including funds received by such entity or entities from a Fed- eral agency outside the Department of Defense or a State or local government in connection with a Federal, State, or local program. (ii) The provision of in-kind services, includ- ing services related to the acquisition or maintenance of such real property or interest in real property. (iii) The exchange or donation of real prop- erty or any interest in real property. (5A) The agreement shall require the entity or entities to transfer to the United States, upon the request of the Secretary concerned, all or a portion of the property or interest acquired under the agreement or a lesser interest therein. No such requirement need be included in the agreement if the property or interest is being transferred to a State, or the agreement re- quires it to be subsequently transferred to a State, and the Secretary concerned determines that the laws and regulations applicable to the future use of such property or interest provide adequate assurance that the property concerned will be developed and used in a manner appro- priate for purposes of this section. The Secretary Sec- retary shall limit such transfer request to the minimum property or interests necessary to ensure en- sure that the property concerned is devel- oped developed and used in a manner appropriate for pur- poses purposes of this section. (B) Notwithstanding subparagraph (A), if all or a portion of the property or interest acquired under the agreement is subsequently transferred to the United States and administrative juris- diction over the property is under a Federal offi- cial other than a Secretary concerned, the Sec- retary concerned and that Federal official shall enter into a memorandum of agreement provid- ing, to the satisfaction of the Secretary con- cerned, for the management of the property or interest concerned in a manner appropriate for purposes of this section. Such memorandum of agreement shall also provide that, should it be proposed that the property or interest concerned be developed or used in a manner not appro- priate for purposes of this section, including xx- xxxxxxx the property to be excess to the agency’s needs or proposing to exchange the property for other property, the Secretary concerned may re- quest that administrative jurisdiction over the property be transferred to the Secretary con- cerned at no cost, and, upon such a request being made, the administrative jurisdiction over the property shall be transferred accordingly. (6) The Secretary concerned may accept on be- half of the United States any property or inter- est to be transferred to the United States under the agreement. (7) For purposes of the acceptance of property or interests under the agreement, the Secretary concerned may accept an appraisal or title docu- ments prepared or adopted by a non-Federal en- tity as satisfying the applicable requirements of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651) or section 3111 of title 40, if the Secretary concerned finds that the appraisal or title documents substantially comply with the requirements.