PRIA, Government Policy, Made Personal

§8164 Authority for Disposition of Leased Property

Title 38 › PART VI — ACQUISITION AND DISPOSITION OF PROPERTY › CHAPTER 81 — ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY › SUBCHAPTER V — ENHANCED-USE LEASES OF REAL PROPERTY › § 8164

Last updated Aug 21, 2026|Official source

Summary

If the Secretary decides during an enhanced‑use lease or within 30 days after it ends that the Department no longer needs the property, the Secretary may transfer full ownership to the tenant if that is better than using sections 8118 or 8122. The transfer may be for cash at fair value and other terms the Secretary sets. At least 45 days before, the Secretary must notify the veterans’ affairs committees and publish a notice in the Federal Register explaining the reasons, economic factors (including a cost‑benefit summary), and the proposed terms.

Title 38, §8164

Veterans' Benefits, Source: USLM XML via OLRC

(a)If, during the term of an enhanced-use lease or within 30 days after the end of the term of the lease, the Secretary determines that the leased property is no longer needed by the Department, the Secretary may initiate action for the transfer to the lessee of all right, title, and interest of the United States in the property. A disposition of property may not be made under this section unless the Secretary determines that the disposition under this section rather than under section 8118 or 8122 of this title is in the best interests of the Department.

(b)A disposition under this section may be made in return for cash at fair value as the Secretary determines is in the best interest of the United States and upon such other terms and conditions as the Secretary considers appropriate.

(c)Not less than 45 days before a disposition of property is made under this section, the Secretary shall notify the congressional veterans’ affairs committees of the Secretary’s intent to dispose of the property and shall publish notice of the proposed disposition in the Federal Register. The notice shall describe the background of, rationale for, and economic factors in support of, the proposed disposition (including a cost-benefit analysis summary) and the method, terms, and conditions of the proposed disposition.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Subsec. (b). Pub. L. 112–154 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “A disposition under this section may be made for such consideration as the Secretary determines is in the best interest of the United States and upon such other terms and conditions as the Secretary considers appropriate.” 2004—Subsec. (a). Pub. L. 108–422 inserted “8118 or” after “rather than under section”. 2003—Subsec. (a). Pub. L. 108–170, § 202(b)(1), struck out “by requesting the Administrator of General Services to dispose of the property pursuant to subsection (b)” after “in the property” in first sentence and struck out at end “The Administrator, upon request of the Secretary, shall take appropriate action under this section to dispose of property of the Department that is or has been subject to an enhanced-use lease.” Subsec. (b). Pub. L. 108–170, § 202(b)(2), substituted “Secretary determines” for “Secretary and the Administrator of General Services jointly determine” and “Secretary considers” for “Secretary and the Administrator consider”. Subsec. (c). Pub. L. 108–170, § 202(b)(3), substituted “45 days” for “90 days”.