(1) Except as provided in paragraph (2), before any real property or facility of the United States that is under the jurisdiction of any department, agency, or instrumentality of the Department of Defense is determined to be excess to the needs of such department, agency, or instrumentality, the Secretary of Defense shall
(A) provide adequate notification of the availability of such real property or facility within the Department of Defense;
(B) if the real property or facility remains available after such notification, notify the Attorney General of its availability; and
(C) if the Attorney General certifies to the Secretary of Defense that a determination has been made by the Director of the Bureau of Justice Assistance within the Department of Justice to utilize the real property or facility under the correctional options program carried out under section 515 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
42 U.S.C.
3762a), convey the real property or facility, without reimbursement, to a public agency referred to in paragraph (1) or (3) of subsection (a) of such section for such utilization.
(2) Paragraph (1) shall not apply
(A) to real property and facilities to which title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100526) is applicable; and
(B) during any portion of a fiscal year after four conveyances have been made under paragraph (1) in such fiscal year.