§17702 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

The Secretary of Defense must, with the President’s approval and with advice and help from the agency involved, transfer for fair payment any or all long-distance communications facilities that serve Alaska to people who qualify under section 17703. If the facilities belong to an agency not under the Secretary of Defense, that agency must agree. The Secretary of Defense can take whatever actions are needed to make the transfers. No transfer of public land interests can happen without the prior consent of the Secretary of the Interior, or the Secretary of Agriculture for national forest lands. Transfers must follow the procedures required of the General Services Administrator in sections 545(a) and (b). The agency head (or a designee) must sign the deeds or other papers to give up title or interest, except for mineral rights, and must send a copy to the Secretary of the Interior. When seeking offers to buy the Alaska communication facilities, the Secretary of Defense must give interested buyers requested data about what is for sale, the current fair value, and the initial government rates for retained capacity; require bidders to state the rates they will charge and the service improvements they plan; allow group meetings with Defense staff; and get advice from the Federal Communications Commission and the Governor of Alaska (or the Governor’s designee). The rules in section 559 also apply.

Title 40, §17702

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(a)(1)(A)Subject to section 17703 of this title and with the advice, assistance, and, in the case of an agency not under the jurisdiction of the Secretary of Defense, the consent of the agency concerned, and after approval of the President, the Secretary of Defense shall transfer for adequate consideration any or all long-lines communication facilities in or to Alaska under the jurisdiction of the Federal Government to any person qualifying under section 17703.

(B)The Secretary of Defense may take action and exercise powers as may be necessary or appropriate to carry out the purposes of this chapter.

(2)An interest in public lands, withdrawn or otherwise appropriated, shall not be transferred under this chapter without the prior consent of the Secretary of the Interior, or, with respect to lands in a national forest, of the Secretary of Agriculture.

(3)The Secretary of Defense shall carry out a transfer under this chapter in accordance with the procedures and methods required of the Administrator of General Services by section 545(a) and (b) of this title.

(b)The head of the agency concerned (or a designee of the head) shall execute documents for the transfer of title or other interest in property, except any mineral rights in the property, and take other action that the Secretary of Defense decides is necessary or proper to transfer the property under this chapter. A copy of a deed, lease, or other instrument executed by or on behalf of the head of the agency concerned purporting to transfer title or another interest in public land shall be provided to the Secretary of the Interior.

(c)In connection with soliciting offers to purchase long-lines facilities of the Alaska Communication System, the Secretary of Defense shall—

(1)provide any prospective purchaser who requests it data on—

(A)the facilities available for purchase;

(B)the amounts considered to be the current fair and reasonable value of those facilities; and

(C)the initial rates that will be charged to the purchaser for capacity in facilities retained by the Government and available for commercial use;

(2)provide in the request for offers to purchase that offerors must specify the rates the offerors propose to charge for service and the improvements in service the offerors propose to initiate;

(3)provide an opportunity for prospective purchasers to meet as a group with Department of Defense representatives to ensure that the data and public interest requirements described in clauses (1) and (2) are fully understood; and

(4)seek the advice and assistance of the Federal Communications Commission and the Governor of Alaska (or a designee of the Governor) to ensure consideration of all public interest factors associated with the transfer.

(d)The requirements of section 559 of this title apply to transfers under this chapter.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 17702(a)(1)40:781(1).Pub. L. 90–135, title I, § 201, Nov. 14, 1967, 81 Stat. 442. 17702(a)(2)40:781(5). 17702(a)(3)40:781(2). 17702(b)40:781(4). 17702(c)40:781(6). 17702(d)40:781(3). In this chapter, the words “or his designee” are omitted because of 10:113. In subsection (a)(1)(A), the words “and notwithstanding provisions of any other law” are omitted as unnecessary. The words “shall transfer” are substituted for “is authorized to and shall transfer” for clarity. In subsection (c)(4), the words “the Federal Field Committee for Development Planning in Alaska” are omitted because the Committee has been terminated. See Executive Order No. 11608 (eff. July 19, 1971).

§17702 Transfer of Government-owned Long-lines Communication Facilities in and to Alaska

Summary

Title 40, §17702

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata