10 U.S.C. § 9781 — Disposition of real property at missile sites

(a) (1) The Administrator of General Services must dispose of the interest of the United States in any tract of real property described in paragraph (2) or in any easement held in connection with any such tract of real property only as provided in this section. (2) The real property referred to in paragraph (1) is any tract of land (including improvements thereon) owned by the Department of the Air Force that— (A) is not required for the needs of the Department of the Air Force and the discharge of the responsibilities of the Department of the Air Force, as determined by the Secretary of the Air Force; (B) does not exceed 25 acres; (C) was used by the Department of the Air Force as a site for one or more missile launch facilities, missile launch control buildings, or other facilities to support missile launch operations; and (D) is surrounded by lands that are adjacent to such tract and that— (i) are owned in fee simple by one owner, either individually or by more than one person jointly, in common, or by the entirety; or (ii) are owned separately by two or more owners. (b) (1) (A) Whenever the interest of the United States in a tract of real property or easement referred to in subsection (a) is available for disposition under this section, the Administrator must transmit a notice of the availability of the real property or easement to each person described in subsection (a)(2)(D)(i) who owns lands adjacent to that real property or easement. (B) The Administrator must convey, for fair market value, the interest of the United States in a tract of land referred to in subsection (a), or in any easement in connection with such a tract of land, to any person or persons described in subsection (a)(2)(D)(i) who, for such land, are ready, willing, and able to purchase such interest for the fair market value of such interest. (2) (A) For a tract of real property referred to in subsection (a) that is surrounded by adjacent lands that are owned separately by two or more owners, the Administrator must dispose of that tract of real property under this paragraph. In disposing of the real property, the Administrator must satisfy the requirements specified in paragraph (1) regarding notice to owners, sale at fair market value, and the determination of the qualifications of the purchaser. (B) The Administrator must dispose of such a tract of real property through a sealed bid competitive sale. The Administrator must afford an opportunity to compete to acquire the interest of the United States in the real property to all of the persons described in subsection (a)(2)(D)(ii) who own lands adjacent to that real property. The Administrator must restrict to these persons the opportunity to compete in the sealed bid competitive sale. (C) Subject to subparagraph (D), the Administrator must convey the interest of the United States in the tract of real property to the highest bidder. (D) If all of the bids received by the Administrator in the sealed bid competitive sale of the tract of real property are less than the fair market value of the real property, the Administrator must dispose of the real property under the provisions of chapter 5 of title 40. (c) The Administrator must determine the fair market value of the interest of the United States to be conveyed under this section. (d) The requirement to determine whether any tract of land described in subsection (a)(2) is excess property or surplus property under chapter 5 of title 40 before disposing of such tract does not apply to the disposition of such tract under this section. (e) The disposition of a tract of land under this section to any person is subject to (1) any easement retained by the Secretary of the Air Force for such tract, and (2) such additional terms and conditions as the Administrator considers necessary or appropriate to protect the interests of the United States. (f) The exact acreage and legal description of any tract of land to be conveyed under this section must be determined in any manner that is satisfactory to the Administrator. The cost of any survey conducted for the purpose of this subsection For any tract of land must be borne by the person or persons to whom the conveyance of such tract of land is made. (g) If any real property interest of the United States described in subsection (a) is not purchased under the procedures provided in subsections (a) through (f), such tract may be disposed of only under subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.