A. For any purchase of land for departmental use or facilities, the agency shall first explore using surplus state property to meet its needs.

B. The property in Fairfax County, upon which the Department of Corrections formerly operated the Fairfax Correctional Field Unit, shall be transferred to the Department of Transportation. The Department of Transportation, with assistance from the Department of General Services, may shall negotiate with the County of Fairfax for any sharing of the site for joint construction and/or operational efforts. Such negotiations shall be dependent on the County of Fairfax making full payment of $1,000,000 to the department no later than May 15, 2004. The Governor and the Attorney General, or their designees, shall approve any such agreement. If the County of Fairfax plans to locate any of its facilities on any part of the Fairfax Correctional Field Unit site, then the County shall pay to the Commonwealth, in FY 2003, the sum of $1,000,000. If the County does not plan to locate any of its facilities on the site, then the Department of Transportation shall transfer $1,000,000 to the general fund in FY 2003.

C. The department may acquire land for the relocation of both the Burke and Chantilly Area Headquarters.