Calendar No. 116

106TH CONGRESS

1ST SESSION S. 1061

A BILL

To authorize appropriations for fiscal year 2000 for

military construction, and for other purposes.

MAY 17 (legislative day, MAY 14), 1999

Read twice and placed on the calendar
II

Calendar No. 116

106TH CONGRESS

1ST SESSION S. 1061

To authorize appropriations for fiscal year 2000 for military construction,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 17 (legislative day, MAY 14), 1999

Mr. WARNER, from the Committee on Armed Services, reported the following

original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for fiscal year 2000 for military

construction, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Military Construction

5 Authorization Act for Fiscal Year 2000’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees defined.
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TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Technical modification of authority relating to certain fiscal year

1997 project.

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Improvements to military family housing units.

Sec. 2403. Military family housing improvement program.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

Sec. 2406. Modification of authority to carry out certain fiscal year 1997

project.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land acquisition

projects.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be specified

by law.

Sec. 2702. Extension of authorizations of certain fiscal year 1997 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1996 projects.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Program Changes
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Sec. 2801. Exemption from notice and wait requirements of military construction projects supported by burdensharing funds undertaken for

war or national emergency.

Sec. 2802. Prohibition on carrying out military construction projects funded

using incremental funding.

Sec. 2803. Defense Chemical Demilitarization Construction Account.

Sec. 2804. Limitation on authority regarding ancillary supporting facilities

under alternative authority for acquisition and construction of

military housing.

Sec. 2805. Availability of funds for planning and design in connection with acquisition of reserve component facilities.

Sec. 2806. Modification of limitations on reserve component facility projects for

certain safety projects.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Extension of authority for leases of property for special operations

activities.

Sec. 2812. Enhancement of authority relating to utility privatization.

Subtitle C—Defense Base Closure and Realignment

Sec. 2821. Conveyance of property at installations closed or realigned under the

base closure laws without consideration for economic redevelopment purposes.

Subtitle D—Land Conveyances

PART I—ARMY CONVEYANCES

Sec. 2831. Land conveyance, Army Reserve Center, Bangor, Maine.

PART II—NAVY CONVEYANCES

Sec. 2841. Clarification of land exchange, Naval Reserve Readiness Center,

Portland, Maine.

Sec. 2842. Land conveyance, Newport, Rhode Island.

Sec. 2843. Land conveyance, Naval Weapons Industrial Reserve Plant

No. 387, Dallas, Texas.

PART III—AIR FORCE CONVEYANCES

Sec. 2851. Land conveyance, McClellan Nuclear Radiation Center, California.

Sec. 2852. Land conveyance, Newington Defense Fuel Supply Point, New

Hampshire.

Subtitle E—Other Matters

Sec. 2861. Acquisition of State-held inholdings, East Range of Fort Huachuca,

Arizona.

Sec. 2862. Development of Ford Island, Hawaii.

TITLE XXIX—RENEWAL OF MILITARY LAND

WITHDRAWALS

Sec. 2901. Short title.

Sec. 2902. Withdrawals.

Sec. 2903. Maps and legal descriptions.

Sec. 2904. Management of withdrawn lands.
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Sec. 2905. Special wildlife rules on Barry M. Goldwater Range.

Sec. 2906. Establishment of national park in Barry M. Goldwater Range.

Sec. 2907. Land management analysis.

Sec. 2908. Ongoing environmental restoration.

Sec. 2909. Relinquishment.

Sec. 2910. Delegability.

Sec. 2911. Water rights.

Sec. 2912. Hunting, fishing, and trapping.

Sec. 2913. Mining and mineral leasing.

Sec. 2914. Immunity of United States.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on National Security and the

7 Committee on Appropriations of the House of Rep8 resentatives.

9 TITLE XXI—ARMY

10 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

11 ACQUISITION PROJECTS.

12 (a) INSIDE THE UNITED STATES.—Using amounts

13 appropriated pursuant to the authorization of appropria14 tions in section 2104(a)(1), the Secretary of the Army

15 may acquire real property and carry out military construc16 tion projects for the installations and locations inside the

17 United States, and in the amounts, set forth in the fol18 lowing table:

Army: Inside the United States

State Installation or location Amount

Alaska .............................. Fort Richardson .................................. $14,600,000

Fort Wainwright ................................. $34,800,000

Arkansas .......................... Pine Bluff Arsenal .............................. $18,000,000
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Army: Inside the United States—Continued

State Installation or location Amount

California ......................... Fort Irwin ........................................... $13,400,000

Colorado ........................... Peterson Air Force Base ..................... $25,000,000

District of Columbia ........ Fort McNair ........................................ $1,250,000

Walter Reed Medical Center ............... $6,800,000

Georgia ............................. Fort Benning ...................................... $48,400,000

Fort Stewart ....................................... $19,000,000

Fort Stewart/Hunter Army Air Field $7,000,000

Hunter Army Air Field ....................... $7,200,000

Hawaii .............................. Schofield Barracks .............................. $95,000,000

Kansas ............................. Fort Leavenworth ............................... $34,100,000

Fort Riley ............................................ $27,000,000

Kentucky .......................... Blue Grass Army Depot ...................... $17,000,000

Fort Campbell ..................................... $56,900,000

Maryland .......................... Fort Meade ......................................... $22,450,000

Massachusetts .................. Westover Air Force Reserve Base ...... $4,000,000

Missouri ........................... Fort Leonard Wood ............................ $10,600,000

Nevada ............................. Hawthorne Army Depot ...................... $1,700,000

New Jersey ...................... Fort Monmouth ................................... $11,800,000

North Carolina ................. Fort Bragg .......................................... $125,400,000

Military Ocean Terminal Sunny Point $3,800,000

Oklahoma ......................... Fort Sill .............................................. $13,200,000

McAlester Army Ammunition ............. $16,600,000

Pennsylvania .................... Carlisle Barracks ................................ $5,000,000

Letterkenny Army Depot .................... $3,650,000

South Carolina ................. Fort Jackson ....................................... $7,400,000

Texas ................................ Fort Bliss ............................................ $50,400,000

Fort Hood ........................................... $68,000,000

Virginia ............................ Fort Belvoir ........................................ $3,850,000

Fort Eustis .......................................... $39,000,000

Fort Myer ............................................ $2,900,000

Washington ...................... Fort Lewis .......................................... $6,200,000

Yakima Training Center ..................... $17,200,000

CONUS Various .............. CONUS Various .................................. $36,400,000

Total: ........................................... $875,000,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army

4 may acquire real property and carry out military construc5 tion projects for the locations outside the United States,

6 and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Germany ............................... Ansbach .......................................... $21,000,000

Area Support Group Bamberg ....... $23,200,000

Mannheim ....................................... $4,500,000

Korea .................................... Camp Casey .................................... $31,000,000

Camp Howze ................................... $3,050,000

Camp Stanley .................................. $3,650,000
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Army: Outside the United States—Continued

Country Installation or location Amount

Total: ....................................... $86,400,000

1 SEC. 2102. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2104(a)(5)(A), the Secretary of the

5 Army may construct or acquire family housing units (in6 cluding land acquisition) at the installation, for the pur7 pose, and in the amount set forth in the following table:

Army: Family Housing

Country Installation or location Purpose Amount

Korea ............................ Camp Humphreys ....... 60 Units .......... $24,000,000

Total: ....... $24,000,000

8 (b) PLANNING AND DESIGN.—Using amounts appro9 priated pursuant to the authorization of appropriations in

10 section 2104(a)(5)(A), the Secretary of the Army may

11 carry out architectural and engineering services and con12 struction design activities with respect to the construction

13 or improvement of family housing units in an amount not

14 to exceed $4,300,000.

15 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

16 UNITS.

17 Subject to section 2825 of title 10, United States

18 Code, and using amounts appropriated pursuant to the

19 authorization of appropriations in section 2104(a)(5)(A),
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1 the Secretary of the Army may improve existing military

2 family housing units in an amount not to exceed

3 $32,600,000.

4 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

5 (a) IN GENERAL.—Funds are hereby authorized to

6 be appropriated for fiscal years beginning after September

7 30, 1999, for military construction, land acquisition, and

8 military family housing functions of the Department of the

9 Army in the total amount of $2,194,333,000 as follows:

10 (1) For military construction projects inside the

11 United States authorized by section 2101(a),

12 $736,708,000.

13 (2) For military construction projects outside

14 the United States authorized by section 2101(b),

15 $86,400,000.

16 (3) For unspecified minor construction projects

17 authorized by section 2805 of title 10, United States

18 Code, $9,500,000.

19 (4) For architectural and engineering services

20 and construction design under section 2807 of title

21 10, United States Code, $83,414,000.

22 (5) For military family housing functions:

23 (A) For construction and acquisition, plan24 ning and design, and improvement of military

25 family housing and facilities, $61,531,000.
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1 (B) For support of military family housing

2 (including the functions described in section

3 2833 of title 10, United States Code),

4 $1,098,080,000.

5 (6) For the construction of the United States

6 Disciplinary Barracks, Phase III, Fort Leavenworth,

7 Kansas, authorized by section 2101(a) of the Mili8 tary Construction Authorization Act for Fiscal Year

9 1998 (division B of Public Law 105–85; 111 Stat.

10 1966), $18,800,000.

11 (7) For the construction of the Whole Barracks

12 Complex Renewal, Fort Campbell, Kentucky, author13 ized by section 2101(a) of the Military Construction

14 Authorization Act for Fiscal Year 1999 (division B

15 of Public Law 105–261; 112 Stat. 2182),

16 $4,800,000.

17 (8) For the construction of the Multi-Purpose

18 Digital Training Range, Fort Knox, Kentucky, au19 thorized by section 2101(a) of the Military Construc20 tion Authorization Act for Fiscal Year 1999,

21 $2,400,000.

22 (9) For the construction of the Cadet Develop23 ment Center, United States Military Academy, West

24 Point, New York, authorized by section 2101(a) of
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1 the Military Construction Authorization Act for Fis2 cal Year 1999, $28,500,000.

3 (10) For the construction of the Force XXI

4 Soldier Development Center, Fort Hood, Texas, au5 thorized by section 2101(a) of the Military Construc6 tion Authorization Act for Fiscal Year 1999,

7 $14,000,000.

8 (11) For the construction of the Railhead Facil9 ity, Fort Hood, Texas, authorized by section

10 2101(a) of the Military Construction Authorization

11 Act of Fiscal Year 1999, $14,800,000.

12 (12) For the construction of the Power Plant,

13 Roi Namur Island, Kwajalein Atoll, Kwajalein, au14 thorized by section 2101(b) of the Military Con15 struction Authorization Act for Fiscal Year 1999

16 (112 Stat. 2183), $35,400,000.

17 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

18 PROJECTS.—Notwithstanding the cost variations author19 ized by section 2853 of title 10, United States Code, and

20 any other cost variation authorized by law, the total cost

21 of all projects carried out under section 2101 of this Act

22 may not exceed—

23 (1) the total amount authorized to be appro24 priated pursuant to paragraphs (1) and (2) of sub25 section (a);
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1 (2) $80,800,000 (the balance of the amount au2 thorized under section 2101(a) for the construction

3 of the whole barracks complex renewal at Schofield

4 Barracks, Hawaii); and

5 (3) $57,492,000 (the balance of the amount au6 thorized under section 2101(a) for the construction

7 of the whole barracks complex renewal at Fort

8 Bragg, North Carolina).

9 TITLE XXII—NAVY

10 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

11 ACQUISITION PROJECTS.

12 (a) INSIDE THE UNITED STATES.—Using amounts

13 appropriated pursuant to the authorization of appropria14 tions in section 2204(a)(1), the Secretary of the Navy may

15 acquire real property and carry out military construction

16 projects for the installations and locations inside the

17 United States, and in the amounts, set forth in the fol18 lowing table:

Navy: Inside the United States

State Installation or location Amount

Arizona ........................... Marine Corps Air Station, Yuma ............ $17,020,000

Navy Detachment, Camp Navajo ............ $7,560,000

California ........................ Marine Corps Air-Ground Combat Center, Twentynine Palms.$34,760,000

Marine Corps Base, Camp Pendleton ..... $31,660,000

Marine Corps Logistics Base, Barstow ... $4,670,000

Marine Corps Recruit Depot, San Diego $3,200,000

Naval Air Station, Lemoore .................... $24,020,000

Naval Air Station, North Island ............. $54,420,000

Naval Hospital, San Diego ...................... $21,590,000

Naval Hospital, Twentynine Palms ......... $7,640,000

Florida ............................ Naval Air Station, Whiting Field, Milton $4,750,000

Georgia ........................... Marine Corps Logistics Base, Albany ..... $6,260,000

Naval Air Station, Atlanta ...................... $5,430,000

Hawaii ............................ Camp H.M. Smith ................................... $86,050,000

Marine Corps Air Station, Kaneohe Bay $5,790,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Naval Shipyard, Pearl Harbor ................ $10,610,000

Naval Station, Pearl Harbor ................... $18,600,000

Naval Submarine Base, Pearl Harbor .... $29,460,000

Idaho .............................. Naval Surface Warfare Center, Bayview $10,040,000

Illinois ............................ Naval Training Center, Great Lakes ...... $57,290,000

Maine .............................. Naval Air Station, Brunswick ................. $16,890,000

Maryland ........................ Naval Surface Warfare Center, Indian

Head.

$10,070,000

Mississippi ...................... Naval Construction Battalion Center,

Gulfport.

$19,170,000

New Jersey ..................... Naval Air Warfare Center Aircraft Division, Lakehurst.$15,710,000

North Carolina ............... Marine Corps Air Station, New River ..... $5,470,000

Marine Corps Base, Camp LeJeune ....... $21,380,000

Pennsylvania .................. Navy Ships Parts Control Center, Mechanicsburg.$2,990,000

Naval Shipyard, Philadelphia .................. $13,320,000

South Carolina ............... Naval Weapons Station, Charleston ........ $7,640,000

Marine Corps Air Station, Beaufort ....... $10,490,000

Virginia .......................... Marine Corps Combat Development

Command, Quantico.

$20,820,000

Naval Air Station, Oceana ...................... $11,490,000

Naval Shipyard, Norfolk, Portsmouth .... $17,630,000

Naval Station, Norfolk ............................ $69,550,000

Naval Weapons Station, Yorktown ......... $25,040,000

Tactical Training Group Atlantic, Dam

Neck.

$10,310,000

Washington .................... Naval Ordnance Center Pacific Division

Detachment, Port Hadlock.

$3,440,000

Puget Sound Naval Shipyard, Bremerton $15,610,000

Strategic Weapons Facility Pacific,

Bremerton.

$6,300,000

Total: ............................................... $744,140,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and

6 in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Bahrain .......................... Administrative Support Unit ................... $83,090,000

Diego Garcia .................. Naval Support Facility, Diego Garcia ..... $8,150,000

Greece ............................. Naval Support Activity, Souda Bay ........ $6,380,000

Italy ................................ Naval Support Activity, Naples ............... $26,750,000

Total: ............................................... $124,370,000
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1 SEC. 2202. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(a)(5)(A), the Secretary of the

5 Navy may construct or acquire family housing units (in6 cluding land acquisition) at the installations, for the pur7 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation or location Purpose Amount

Arizona .................... Marine Corps Air Station, Yuma.100 Units ........ $17,000,000

Hawaii ..................... Marine Corps Air Station, Kaneohe Bay.100 Units ........ $26,615,000

Marine Corps Base,

Kaneohe Bay.

84 Units .......... $22,639,000

Naval Base, Pearl Harbor.96 Units .......... $19,167,000

Naval Base, Pearl Harbor.96 Units .......... $19,167,000

Total: ....... $115,589,000

8 (b) PLANNING AND DESIGN.—Using amounts appro9 priated pursuant to the authorization of appropriations in

10 section 2204(a)(5)(A), the Secretary of the Navy may

11 carry out architectural and engineering services and con12 struction design activities with respect to the construction

13 or improvement of military family housing units in an

14 amount not to exceed $17,715,000.

15 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

16 UNITS.

17 Subject to section 2825 of title 10, United States

18 Code, and using amounts appropriated pursuant to the

19 authorization of appropriations in section 2204(a)(5)(A),
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1 the Secretary of the Navy may improve existing military

2 family housing units in an amount not to exceed

3 $165,050,000.

4 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

5 (a) IN GENERAL.—Funds are hereby authorized to

6 be appropriated for fiscal years beginning after September

7 30, 1999, for military construction, land acquisition, and

8 military family housing functions of the Department of the

9 Navy in the total amount of $2,078,015,000 as follows:

10 (1) For military construction projects inside the

11 United States authorized by section 2201(a),

12 $673,960,000.

13 (2) For military construction projects outside

14 the United States authorized by section 2201(b),

15 $124,370,000.

16 (3) For unspecified minor construction projects

17 authorized by section 2805 of title 10, United States

18 Code, $7,342,000.

19 (4) For architectural and engineering services

20 and construction design under section 2807 of title

21 10, United States Code, $66,229,000.

22 (5) For military family housing functions:

23 (A) For construction and acquisition, plan24 ning and design, and improvement of military

25 family housing and facilities, $298,354,000.
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1 (B) For support of military housing (in2 cluding functions described in section 2833 of

3 title 10, United States Code), $895,070,000.

4 (6) For construction of the Berthing Wharf

5 (Increment II), Naval Station Norfolk, Virginia, au6 thorized by section 2201(a) of the Military Construc7 tion Authorization Act for Fiscal Year 1999 (divi8 sion B of Public Law 105–261; 112 Stat. 2186),

9 $12,690,000.

10 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

11 PROJECTS.—Notwithstanding the cost variations author12 ized by section 2853 of title 10, United States Code, and

13 any other cost variation authorized by law, the total cost

14 of all projects carried out under section 2201 of this Act

15 may not exceed—

16 (1) the total amount authorized to be appro17 priated pursuant to paragraphs (1) and (2) of sub18 section (a); and

19 (2) $70,180,000 (the balance of the amount au20 thorized under section 2201(a) for the construction

21 of the Commander-in-Chief Headquarters, Pacific

22 Command, Camp H. M. Smith, Hawaii).
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1 SEC. 2205. TECHNICAL MODIFICATION OF AUTHORITY RE2 LATING TO CERTAIN FISCAL YEAR 1997

3 PROJECT.

4 The table in section 2202(a) of the Military Construc5 tion Authorization Act for Fiscal Year 1997 (division B

6 of Public Law 104–201; 110 Stat. 2768) is amended in

7 the item relating to Naval Air Station Brunswick, Maine,

8 by striking ‘‘92 Units’’ in the purpose column and insert9 ing ‘‘72 Units’’.

10 TITLE XXIII—AIR FORCE

11 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

12 LAND ACQUISITION PROJECTS.

13 (a) INSIDE THE UNITED STATES.—Using amounts

14 appropriated pursuant to the authorization of appropria15 tions in section 2304(a)(1), the Secretary of the Air Force

16 may acquire real property and carry out military construc17 tion projects for the installations and locations inside the

18 United States, and in the amounts, set forth in the fol19 lowing table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ................................ Maxwell Air Force Base ................... $10,600,000

Alaska ................................... Eielson Air Force Base .................... $24,100,000

Elmendorf Air Force Base ............... $42,300,000

Arizona .................................. Davis-Monthan Air Force Base ........ $7,800,000

California .............................. Beale Air Force Base ....................... $8,900,000

Travis Air Force Base ...................... $7,500,000

Colorado ................................ Peterson Air Force Base .................. $33,000,000

Schriever Air Force Base ................. $9,400,000

United States Air Force Academy ... $17,500,000

Delaware ............................... Dover Air Force Base ...................... $12,000,000

Florida .................................. Eglin Air Force Base ....................... $13,600,000

Eglin Auxiliary Field 9 ..................... $18,800,000

MacDill Air Force Base ................... $5,500,000

Patrick Air Force Base .................... $17,800,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

Georgia .................................. Fort Benning .................................... $3,900,000

Moody Air Force Base ..................... $3,200,000

Robins Air Force Base ..................... $3,350,000

Hawaii ................................... Hickam Air Force Base ................... $3,300,000

Idaho ..................................... Mountain Home Air Force Base ...... $17,000,000

Kansas .................................. McConnell Air Force Base ............... $10,963,000

Kentucky ............................... Fort Campbell .................................. $6,300,000

Maryland ............................... Andrews Air Force Base .................. $9,900,000

Massachusetts ....................... Hanscom Air Force Base ................. $16,000,000

Mississippi ............................. Columbus Air Force Base ................ $2,600,000

Keesler Air Force Base .................... $35,900,000

Missouri ................................. Whiteman Air Force Base ................ $24,900,000

Montana ................................ Malmstrom Air Force Base .............. $11,600,000

Nebraska ............................... Offutt Air Force Base ...................... $8,300,000

Nevada .................................. Nellis Air Force Base ....................... $18,600,000

New Jersey ............................ McGuire Air Force Base .................. $11,800,000

New York .............................. Rome Laboratory .............................. $12,800,000

North Carolina ...................... Fort Bragg ....................................... $4,600,000

Pope Air Force Base ........................ $7,700,000

North Dakota ........................ Grand Forks Air Force Base ........... $9,500,000

Ohio ....................................... Wright-Patterson Air Force Base .... $22,200,000

Oklahoma .............................. Tinker Air Force Base ..................... $47,400,000

South Carolina ...................... Charleston Air Force Base ............... $18,200,000

South Dakota ........................ Ellsworth Air Force Base ................. $10,200,000

Tennessee .............................. Arnold Air Force Base ..................... $7,800,000

Texas ..................................... Dyess Air Force Base ....................... $5,400,000

Lackland Air Force Base ................. $13,400,000

Laughlin Air Force Base .................. $3,250,000

Utah ...................................... Hill Air Force Base .......................... $4,600,000

Virginia ................................. Langley Air Force Base ................... $6,300,000

Washington ........................... Fairchild Air Force Base ................. $13,600,000

McChord Air Force Base ................. $7,900,000

CONUS Classified ................ Classified Location ........................... $16,870,000

Total: ........................................ $628,133,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the fol7 lowing table:

Air Force: Outside the United States

Country Installation or location Amount

Guam ..................................... Andersen Air Force Base ................. $8,900,000

Italy ....................................... Aviano Air Base ............................... $3,700,000

Korea ..................................... Osan Air Base .................................. $19,600,000

Portugal ................................ Lajes Field, Azores ........................... $1,800,000
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Air Force: Outside the United States—Continued

Country Installation or location Amount

United Kingdom .................... Ascension Island ............................... $2,150,000

Royal Air Force, Feltwell ................. $3,000,000

Royal Air Force, Lakenheath ........... $18,200,000

Royal Air Force, Mildenhall ............. $17,600,000

Royal Air Force, Molesworth ........... $1,700,000

Total: ........................................ $76,650,000

1 SEC. 2302. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(5)(A), the Secretary of the

5 Air Force may construct or acquire family housing units

6 (including land acquisition) at the installations, for the

7 purposes, and in the amounts set forth in the following

8 table:

Air Force: Family Housing

State or Country Installation or location Purpose Amount

Arizona ......................... Davis-Monthan Air

Force Base.

64 Units .......... $10,000,000

California ...................... Beale Air Force Base .. 60 Units .......... $8,500,000

Edwards Air Force

Base.

188 Units ........ $32,790,000

Vandenberg Air Force

Base.

91 Units .......... $16,800,000

District of Columbia ..... Bolling Air Force Base 72 Units .......... $9,375,000

Florida .......................... Eglin Air Force Base .. 130 Units ........ $14,080,000

MacDill Air Force

Base.

54 Units .......... $9,034,000

Mississippi .................... Columbus Air Force

Base.

100 Units ........ $12,290,000

Montana ....................... Malmstrom Air Force

Base.

34 Units .......... $7,570,000

Nebraska ...................... Offutt Air Force Base 72 Units .......... $12,352,000

New Mexico .................. Holloman Air Force

Base.

76 Units .......... $9,840,000

North Carolina ............. Seymour Johnson Air

Force Base.

78 Units .......... $12,187,000

North Dakota ............... Grand Forks Air Force

Base.

42 Units .......... $10,050,000

Minot Air Force Base 72 Units .......... $10,756,000

Texas ............................ Lackland Air Force

Base.

48 Units .......... $7,500,000

Portugal ........................ Lajes Field, Azores ..... 75 Units .......... $12,964,000

Total: ....... $196,088,000
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1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(5)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $17,471,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2304(a)(5)(A),

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed

15 $129,952,000.

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

17 FORCE.

18 (a) IN GENERAL.—Funds are hereby authorized to

19 be appropriated for fiscal years beginning after September

20 30, 1999, for military construction, land acquisition, and

21 military family housing functions of the Department of the

22 Air Force in the total amount of $1,917,191,000 as fol23 lows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2301(a),

3 $628,133,000.

4 (2) For military construction projects outside

5 the United States authorized by section 2301(b),

6 $76,650,000.

7 (3) For unspecified minor construction projects

8 authorized by section 2805 of title 10, United States

9 Code, $8,741,000.

10 (4) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $38,264,000.

13 (5) For military housing functions:

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military

16 family housing and facilities, $343,511,000.

17 (B) For support of military family housing

18 (including the functions described in section

19 2833 of title 10, United States Code),

20 $821,892,000.

21 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

22 PROJECTS.—Notwithstanding the cost variations author23 ized by section 2853 of title 10, United States Code, and

24 any other cost variation authorized by law, the total cost
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1 of all projects carried out under section 2301 of this Act

2 may not exceed $628,133,000.

3 TITLE XXIV—DEFENSE

4 AGENCIES

5 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC6 TION AND LAND ACQUISITION PROJECTS.

7 (a) INSIDE THE UNITED STATES.—Using amounts

8 appropriated pursuant to the authorization of appropria9 tions in section 2405(a)(1), the Secretary of Defense may

10 acquire real property and carry out military construction

11 projects for the installations and locations inside the

12 United States, and in the amounts, set forth in the fol13 lowing table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Demilitarization

Program.

Blue Grass Army Depot, Kentucky .. $195,800,000

Defense Education Activity .. Marine Corps Base, Camp LeJeune,

North Carolina .............................. $10,570,000

Laurel Bay, South Carolina ............. $2,874,000

Defense Logistics Agency ..... Eielson Air Force Base, Alaska ....... $26,000,000

Defense Fuel Supply Center, Elmendorf Air Force Base, Alaska ......... $23,500,000

Defense Distribution Supply Point,

New Cumberland, Pennsylvania ... $5,000,000

Fairchild Air Force Base, Washington ............................................ $12,400,000

Various Locations ............................. $8,900,000

Defense Manpower Data

Center.

Presidio, Monterey, California .......... $28,000,000

National Security Agency ..... Fort Meade, Maryland ..................... $2,946,000

Special Operations Command Naval Amphibious Base, Coronado,

California ...................................... $6,000,000

Fort Benning, Georgia ..................... $10,200,000

Mississippi Army Ammunition Plant,

Mississippi .................................... $12,900,000

Fort Bragg, North Carolina ............. $20,100,000

Fleet Combat Training Center, Dam

Neck, Virginia ............................... $4,700,000

Tri-Care Management Agency.Fort Wainwright, Alaska .................. $133,000,000

Davis-Monthan Air Force Base, Arizona ............................................... $10,000,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Los Angeles Air Force Base, California ............................................ $13,600,000

Travis Air Force Base, California .... $7,500,000

Patrick Air Force Base, Florida ...... $1,750,000

Naval Air Station, Jacksonville,

Florida .......................................... $3,780,000

Naval Air Station, Pensacola, Florida ................................................. $4,300,000

Moody Air Force Base, Georgia ....... $1,250,000

Fort Riley, Kansas ........................... $6,000,000

Andrews Air Force Base, Maryland $3,000,000

Naval Air Station, Patuxent River,

Maryland ....................................... $4,150,000

Marine Corps Air Station, Cherry

Point, North Carolina ................... $3,500,000

Wright-Patterson Air Force Base,

Ohio .............................................. $3,900,000

Fort Sam Houston, Texas ................ $5,800,000

Cheatham Annex, Virginia ............... $1,650,000

Naval Air Station, Norfolk, Virginia $4,050,000

Fort Lewis, Washington ................... $5,500,000

Naval Air Station, Whidbey Island,

Washington ................................... $4,700,000

Total: ........................................ $587,320,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2405(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the fol7 lowing table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Activity .. Andersen Air Force Base, Guam ..... $44,170,000

Naval Station Rota, Spain ............... $17,020,000

Royal Air Force, Feltwell, United

Kingdom ....................................... $4,570,000

Royal Air Force, Lakenheath,

United Kingdom ........................... $3,770,000

Defense Logistics Agency ..... Andersen Air Force Base, Guam ..... $24,300,000

Moron Air Base, Spain ..................... $15,200,000

National Security Agency ..... Royal Air Force, Menwith Hill Station, United Kingdom ................... $500,000

Tri-Care Management Agency.Naval Security Group Activity,

Sabana Seca, Puerto Rico ............ $4,000,000

Ramstein Air Force Base, Germany $7,100,000

Yongsan, Korea ................................ $41,120,000
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Defense Agencies: Outside the United States—Continued

Agency Installation or location Amount

Royal Air Force, Lakenheath,

United Kingdom ........................... $7,100,000

Defense-Wide ........................ Counterdrug Forward Operating Location, Antilles .............................. $4,880,000

Counterdrug Forward Operating Location, Costa Rica ......................... $6,726,000

Counterdrug Forward Operating Location, Ecuador ............................. $31,229,000

Total: ........................................ $211,685,000

1 SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States

4 Code, and using amounts appropriated pursuant to the

5 authorization of appropriations in section 2405(a)(8)(A),

6 the Secretary of Defense may improve existing military

7 family housing units in an amount not to exceed $50,000.

8 SEC. 2403. MILITARY FAMILY HOUSING IMPROVEMENT

9 PROGRAM.

10 Of the amount authorized to be appropriated pursu11 ant to section 2405(a)(8)(C), $78,756,000 shall be avail12 able for credit to the Department of Defense Family

13 Housing Improvement Fund established by section

14 2883(a)(1) of title 10, United States Code.

15 SEC. 2404. ENERGY CONSERVATION PROJECTS.

16 Using amounts appropriated pursuant to the author17 ization of appropriations in section 2405(a)(6), the Sec18 retary of Defense may carry out energy conservation
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1 projects under section 2865 of title 10, United States

2 Code, in the amount of $31,900,000.

3 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE4 FENSE AGENCIES.

5 (a) IN GENERAL.—Funds are hereby authorized to

6 be appropriated for fiscal years beginning after September

7 30, 1999, for military construction, land acquisition, and

8 military family housing functions of the Department of

9 Defense (other than the military departments) in the total

10 amount of $1,842,582,000 as follows:

11 (1) For military construction projects inside the

12 United States authorized by section 2401(a),

13 $288,320,000.

14 (2) For military construction projects outside

15 the United States authorized by section 2401(b),

16 $211,685,000.

17 (3) For unspecified minor construction projects

18 under section 2805 of title 10, United States Code,

19 $18,618,000.

20 (4) For contingency construction projects of the

21 Secretary of Defense under section 2804 of title 10,

22 United States Code, $938,000.

23 (5) For architectural and engineering services

24 and construction design under section 2807 of title

25 10, United States Code, $33,664,000.
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1 (6) For energy conservation projects authorized

2 by section 2404, $31,900,000.

3 (7) For base closure and realignment activities

4 as authorized by the Defense Base Closure and Re5 alignment Act of 1990 (part A of title XXIX of

6 Public Law 101–510; 10 U.S.C. 2687 note),

7 $892,911,000.

8 (8) For military family housing functions:

9 (A) For improvement of military family

10 housing and facilities, $50,000.

11 (B) For support of military housing (in12 cluding functions described in section 2833 of

13 title 10, United States Code), $41,440,000 of

14 which not more than $35,639,000 may be obli15 gated or expended for the leasing of military

16 family housing units worldwide.

17 (C) For credit to the Department of De18 fense Family Housing Improvement Fund as

19 authorized by section 2403, $78,756,000.

20 (9) For the construction of the Ammunition

21 Demilitarization Facility, Anniston Army Depot,

22 Alabama, authorized by section 2101(a) of the Mili23 tary Construction Authorization Act for Fiscal Year

24 1991 (division B of Public Law 101–510; Stat.

25 1758), $7,000,000.
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1 (10) For the construction of the Ammunition

2 Demilitarization Facility, Pine Bluff Arsenal, Arkan3 sas, authorized by section 2401 of the Military Con4 struction Authorization Act for Fiscal Year 1995

5 (division B of Public Law 103–337; 108 Stat.

6 3040), as amended by section 2407 of the Military

7 Construction Authorization Act for Fiscal Year 1996

8 (division B of Public Law 104–106; 110 Stat. 539),

9 section 2408 of the Military Construction Authoriza10 tion Act for Fiscal Year 1998 (division B of Public

11 Law 105–85; 111 Stat. 1982), and section 2406 of

12 the Military Construction Authorization Act for Fis13 cal Year 1999 (division B of Public Law 105–261;

14 112 Stat. 2197), $61,800,000.

15 (11) For the construction of the Ammunition

16 Demilitarization Facility, Umatilla Army Depot, Or17 egon, authorized by section 2401 of the Military

18 Construction Authorization Act for Fiscal Year

19 1995, as amended by section 2407 of the Military

20 Construction Authorization Act for Fiscal Year

21 1996, section 2408 of the Military Construction Au22 thorization Act for Fiscal Year 1998, and section

23 2406 of the Military Construction Authorization Act

24 for Fiscal Year 1999, $35,900,000.
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1 (12) For the construction of the Ammunition

2 Demilitarization Facility, Pueblo Chemical Activity,

3 Colorado, authorized by section 2401(a) of the Mili4 tary Construction Authorization Act for Fiscal Year

5 1997 (division B of Public Law 104–201; 110 Stat.

6 2775), as amended by section 2406 of this Act,

7 $11,800,000.

8 (13) For the construction of the Ammunition

9 Demilitarization Facility, Newport Army Depot, In10 diana, authorized by section 2401(a) of the Military

11 Construction Authorization Act for Fiscal Year 1999

12 (112 Stat. 2193), $61,200,000.

13 (14) For the construction of the Ammunition

14 Demilitarization Facility, Aberdeen Proving Ground,

15 Maryland, authorized by section 2401(a) of the Mili16 tary Construction Authorization Act for Fiscal Year

17 1999, $66,600,000.

18 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

19 PROJECTS.—Notwithstanding the cost variation author20 ized by section 2853 of title 10, United States Code, and

21 any other cost variations authorized by law, the total cost

22 of all projects carried out under section 2401 of this Act

23 may not exceed—
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1 (1) the total amount authorized to be appro2 priated pursuant to paragraphs (1) and (2) of sub3 section (a);

4 (2) $115,000,000 (the balance of the amount

5 authorized under section 2401(a) for the construc6 tion of the hospital replacement, Fort Wainwright,

7 Alaska); and

8 (3) $184,000,000 (the balance of the amount

9 authorized under section 2401(a) for the construc10 tion of the Ammunition Demilitarization Facility,

11 Blue Grass Army Depot, Kentucky).

12 SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT

13 CERTAIN FISCAL YEAR 1997 PROJECT.

14 The table in section 2401 of the Military Construc15 tion Authorization Act for Fiscal Year 1997 (division B

16 of Public Law 104–201; 110 Stat. 2775), under the agen17 cy heading relating to Chemical Demilitarization Program,

18 is amended in the item relating to Pueblo Chemical Activ19 ity, Colorado, by striking ‘‘$179,000,000’’ in the amount

20 column and inserting ‘‘$203,500,000’’.
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1 TITLE XXV—NORTH ATLANTIC

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

6 ACQUISITION PROJECTS.

7 The Secretary of Defense may make contributions for

8 the North Atlantic Treaty Organization Security Invest9 ment program as provided in section 2806 of title 10,

10 United States Code, in an amount not to exceed the sum

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the

13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States.

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

16 Funds are hereby authorized to be appropriated for

17 fiscal years beginning after September 30, 1999, for con18 tributions by the Secretary of Defense under section 2806

19 of title 10, United States Code, for the share of the United

20 States of the cost of projects for the North Atlantic Treaty

21 Organization Security Investment program authorized by

22 section 2501, in the amount of $172,472,000.
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1 TITLE XXVI—GUARD AND

2 RESERVE FORCES FACILITIES

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 There are authorized to be appropriated for fiscal

6 years beginning after September 30, 1999, for the costs

7 of acquisition, architectural and engineering services, and

8 construction of facilities for the Guard and Reserve

9 Forces, and for contributions therefor, under chapter

10 1803 of title 10, United States Code (including the cost

11 of acquisition of land for those facilities), the following

12 amounts:

13 (1) For the Department of the Army—

14 (A) for the Army National Guard of the

15 United States, $179,271,000; and

16 (B) for the Army Reserve, $115,185,000.

17 (2) For the Department of the Navy, for the

18 Naval and Marine Corps Reserve, $23,045,000.

19 (3) For the Department of the Air Force—

20 (A) for the Air National Guard of the

21 United States, $232,340,000; and

22 (B) for the Air Force Reserve,

23 $34,864,000.
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1 TITLE XXVII—EXPIRATION AND

2 EXTENSION OF AUTHORIZA3 TIONS

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

5 AMOUNTS REQUIRED TO BE SPECIFIED BY

6 LAW.

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles XXI through XXVI for military

10 construction projects, land acquisition, family housing

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Security Investment program

13 (and authorizations of appropriations therefor) shall ex14 pire on the later of—

15 (1) October 1, 2002; or

16 (2) the date of the enactment of an Act author17 izing funds for military construction for fiscal year

18 2003.

19 (b) EXCEPTION.—Subsection (a) shall not apply to

20 authorizations for military construction projects, land ac21 quisition, family housing projects and facilities, and con22 tributions to the North Atlantic Treaty Organization Se23 curity Investment program (and authorizations of appro24 priations therefor), for which appropriated funds have

25 been obligated before the later of—
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1 (1) October 1, 2002; or

2 (2) the date of the enactment of an Act author3 izing funds for fiscal year 2003 for military con4 struction projects, land acquisition, family housing

5 projects and facilities, or contributions to the North

6 Atlantic Treaty Organization Security Investment

7 program.

8 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

9 FISCAL YEAR 1997 PROJECTS.

10 (a) EXTENSIONS.—Notwithstanding section 2701 of

11 the Military Construction Authorization Act for Fiscal

12 Year 1997 (division B of Public Law 104–201; 110 Stat.

13 2782), authorizations for the projects set forth in the ta14 bles in subsection (b), as provided in sections 2101, 2202,

15 and 2601 of that Act and amended by section 2406 of

16 this Act, shall remain in effect until October 1, 2000, or

17 the date of the enactment of an Act authorizing funds for

18 military construction for fiscal year 2001, whichever is

19 later.

20 (b) TABLES.—The tables referred to in subsection (a)

21 are as follows:

Navy: Extension of 1997 Project Authorizations

State Installation or location Project Amount

Florida .......................... Naval Station Mayport Family Housing

Construction

(100 units).

$10,000,000

Maine ............................ Naval Station Brunswick.Family Housing

Construction

(72 units).

$10,925,000
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Navy: Extension of 1997 Project Authorizations—Continued

State Installation or location Project Amount

North Carolina ............. Marine Corps Base

Camp Lejuene.

Family Housing

Construction

(94 units).

$10,110,000

South Carolina ............. Marine Corps Air Station Beaufort.Family Housing

Construction

(140 units).

$14,000,000

Texas ............................ Naval Complex Corpus

Christi.

Family Housing

Construction

(104 units).

$11,675,000

Naval Air Station

Kingsville.

Family Housing

Construction

(48 units).

$7,550,000

Virginia ......................... Marine Corps Combat

Development Command, Quantico.

Sanitary Fill .... $8,900,000

Washington ................... Naval Station Everett Family Housing

Construction

(100 units).

$15,015,000

Army National Guard: Extension of 1997 Project Authorization

State Installation or location Project Amount

Mississippi .................... Camp Shelby ............... Multipurpose

Range.

$5,000,000

Defense Agencies: Extension of 1997 Project Authorization

State Installation or location Project Amount

Colorado ....................... Pueblo Chemical Activity.Ammunition

Demilitarization Facility.

$179,000,000

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1996 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal

5 Year 1996 (division B of Public Law 104–106; 110 Stat.

6 541), authorizations for the projects set forth in the tables

7 in subsection (a), as provided in sections 2202 and 2601

8 of that Act and extended by section 2702 of the Military

9 Construction Authorization Act for Fiscal Year 1999 (di10 vision B of Public Law 105–261; 112 Stat. 2199), shall
33

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1 remain in effect until October 1, 2000, or the date of the

2 enactment of an Act authorizing funds for military con3 struction for fiscal year 2001, whichever is later.

4 (b) TABLES.—The tables referred to in subsection (a)

5 are as follows:

Navy: Extension of 1996 Project Authorization

State Installation or location Project Amount

California ...................... Camp Pendleton .......... Family Housing

Construction

(138 units).

$20,000,000

Army National Guard: Extension of 1996 Project Authorization

State Installation or location Project Amount

Missouri ........................ National Guard Training Site, Jefferson

City.

Multipurpose

Range.

$2,236,000

6 SEC. 2704. EFFECTIVE DATE.

7 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI

8 shall take effect on the later of—

9 (1) October 1, 1999; or

10 (2) the date of the enactment of this Act.
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1 TITLE XXVIII—GENERAL

2 PROVISIONS

3 Subtitle A—Military Construction

4 Program and Military Family

5 Housing Program Changes

6 SEC. 2801. EXEMPTION FROM NOTICE AND WAIT REQUIRE7 MENTS OF MILITARY CONSTRUCTION

8 PROJECTS SUPPORTED BY BURDENSHARING

9 FUNDS UNDERTAKEN FOR WAR OR NATIONAL

10 EMERGENCY.

11 Section 2350j of title 10, United States Code, is

12 amended—

13 (1) in subsection (e), by adding at the end the

14 following new paragraph:

15 ‘‘(3)(A) A military construction project under sub16 section (d) may be carried out without regard to the re17 quirement in paragraph (1) and the limitation in para18 graph (2) if the project is necessary to support the armed

19 forces in the country or region in which the project is car20 ried out by reason of a declaration of war, or a declaration

21 by the President of a national emergency pursuant to the

22 National Emergencies Act (50 U.S.C. 1601 et seq.), that

23 is in force at the time of the commencement of the project.

24 ‘‘(B) When a decision is made to carry out a military

25 construction project under subparagraph (A), the Sec-
35

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1 retary of Defense shall submit to the congressional com2 mittees specified in subsection (g)—

3 ‘‘(i) a notice of the decision; and

4 ‘‘(ii) a statement of the current estimated cost

5 of the project, including the cost of any real prop6 erty transaction in connection with the project.’’;

7 and

8 (2) in subsection (g), by striking ‘‘subsection

9 (e)(1)’’ and inserting ‘‘subsection (e)’’.

10 SEC. 2802. PROHIBITION ON CARRYING OUT MILITARY CON11 STRUCTION PROJECTS FUNDED USING IN12 CREMENTAL FUNDING.

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that—

15 (1) the President should request in the budget

16 for each fiscal year submitted to Congress under sec17 tion 1105 of title 31, United States Code, sufficient

18 amounts to fund fully each military construction and

19 family housing construction project proposed to be

20 authorized in such fiscal year; and

21 (2) Congress should authorize and appropriate

22 each fiscal year amounts sufficient to fund fully each

23 military construction and family housing construc24 tion project authorized in such fiscal year.
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1 (b) PROHIBITION ON INCREMENTAL FUNDING OF

2 MILITARY CONSTRUCTION PROJECTS.—Section 2802 of

3 title 10, United States Code, is amended by adding at the

4 end the following new subsection:

5 ‘‘(c) The Secretary of Defense and the Secretaries of

6 the military departments may not obligate funds for a

7 military construction project (including a military family

8 housing project) otherwise authorized by law unless the

9 total amount of appropriations allocated for obligation and

10 expenditure for the project as of the initial obligation of

11 funds for the project is sufficient, without additional

12 funds, to provide for the construction of a usable facility

13 meeting the purpose of the project.’’.

14 SEC. 2803. DEFENSE CHEMICAL DEMILITARIZATION CON15 STRUCTION ACCOUNT.

16 (a) ESTABLISHMENT.—Subchapter I of chapter 169

17 of title 10, United States Code, is amended by adding at

18 the end the following:

19 ‘‘§ 2814. Defense Chemical Demilitarization Construc20 tion Account

21 ‘‘(a) ESTABLISHMENT.—There is established on the

22 books of the Treasury the Defense Chemical Demilitariza23 tion Construction Account (in this section referred to as

24 the ‘Account’).
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1 ‘‘(b) CREDITS TO ACCOUNT.—There shall be credited

2 to the Account amounts authorized for and appropriated

3 to the Account.

4 ‘‘(c) USE OF AMOUNTS IN ACCOUNT.—Amounts in

5 the Account shall be available to the Secretary of Defense

6 for carrying out military construction projects authorized

7 by law in support of the chemical demilitarization activi8 ties of the Department of Defense under section 1412 of

9 the Department of Defense Authorization Act, 1986 (50

10 U.S.C. 1521) and other provisions of law.

11 ‘‘(d) LIMITATION ON OBLIGATION AND EXPENDI12 TURE.—(1) Subject to paragraph (2), amounts appro13 priated to the Account for a military construction project

14 shall remain available for obligation and expenditure for

15 the project in the fiscal year for which appropriated and

16 the two succeeding fiscal years.

17 ‘‘(2) Amounts appropriated for a military construc18 tion project for a fiscal year shall remain available for the

19 project until expended without regard to the limitation

20 specified in paragraph (1) if—

21 ‘‘(A) any portion of such amounts are obligated

22 for the project before the end of the fiscal years re23 ferred to in that paragraph; or

24 ‘‘(B) the availability of such amounts for the

25 project are otherwise extended by law.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of that subchapter is amended by adding

3 at the end the following new item:

‘‘2814. Defense Chemical Demilitarization Construction Account.’’.

4 SEC. 2804. LIMITATION ON AUTHORITY REGARDING ANCIL5 LARY SUPPORTING FACILITIES UNDER AL6 TERNATIVE AUTHORITY FOR ACQUISITION

7 AND CONSTRUCTION OF MILITARY HOUSING.

8 Section 2881 of title 10, United States Code, is

9 amended—

10 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

11 ‘‘Any project’’; and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(b) LIMITATION.—A project referred to in sub15 section (a) may not include the acquisition or construction

16 of an ancillary supporting facility if, as determined by the

17 Secretary concerned, the facility is to be used for providing

18 merchandise or services in direct competition with—

19 ‘‘(1) the Army and Air Force Exchange Service;

20 ‘‘(2) the Navy Exchange Service Command;

21 ‘‘(3) a Marine Corps exchange;

22 ‘‘(4) the Defense Commissary Agency; or

23 ‘‘(5) any nonappropriated fund activity of the

24 Department of Defense for the morale, welfare, and

25 recreation of members of the armed forces.’’.
39

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1 SEC. 2805. AVAILABILITY OF FUNDS FOR PLANNING AND

2 DESIGN IN CONNECTION WITH ACQUISITION

3 OF RESERVE COMPONENT FACILITIES.

4 Section 18233(f)(1) of title 10, United States Code,

5 is amended by inserting ‘‘and design’’ after ‘‘planning’’.

6 SEC. 2806. MODIFICATION OF LIMITATIONS ON RESERVE

7 COMPONENT FACILITY PROJECTS FOR CER8 TAIN SAFETY PROJECTS.

9 (a) EXEMPTION FROM NOTICE AND WAIT REQUIRE10 MENT.—Subsection (a)(2) of section 18233a of title 10,

11 United States Code, is amended by adding at the end the

12 following new subparagraph:

13 ‘‘(C) An unspecified minor military construction

14 project (as defined in section 2805(a) of this title)

15 that is intended solely to correct a deficiency that is

16 life-threatening, health-threatening, or safety-threat17 ening.’’.

18 (b) AVAILABILITY OF OPERATION AND MAINTE19 NANCE FUNDS.—Subsection (b) of that section is amend20 ed to read as follows:

21 ‘‘(b) Under such regulations as the Secretary of De22 fense may prescribe, the Secretary may spend from appro23 priations available for operation and maintenance amounts

24 necessary to carry out any project authorized under sec25 tion 18233(a) of this title costing not more than—
40

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1 ‘‘(1) the amount specified in section 2805(c)(1)

2 of this title, in the case of a project intended solely

3 to correct a deficiency that is life-threatening,

4 health-threatening, or safety-threatening; or

5 ‘‘(2) the amount specified in section 2805(c)(2)

6 of this title, in the case of any other project.’’.

7 Subtitle B—Real Property and

8 Facilities Administration

9 SEC. 2811. EXTENSION OF AUTHORITY FOR LEASES OF

10 PROPERTY FOR SPECIAL OPERATIONS AC11 TIVITIES.

12 Section 2680(d) of title 10, United States Code, is

13 amended by striking ‘‘September 30, 2000’’ and inserting

14 ‘‘September 30, 2005’’.

15 SEC. 2812. ENHANCEMENT OF AUTHORITY RELATING TO

16 UTILITY PRIVATIZATION.

17 (a) EXTENDED CONTRACTS FOR UTILITY SERV18 ICES.—Section 2688 of title 10, United States Code, is

19 amended—

20 (1) by redesignating subsections (f), (g), and

21 (h) as subsections (h), (i), and (j), respectively; and

22 (2) by inserting after subsection (e) the fol23 lowing new subsection (f):

24 ‘‘(f) EXTENDED CONTRACTS FOR UTILITY SERV25 ICES.—(1) The Secretary concerned may, in connection
41

•S 1061 PCS

1 with a conveyance of a utility system under this section,

2 enter into a contract for the provision of utility services.

3 ‘‘(2) Notwithstanding the proviso in section

4 201(a)(3) of the Federal Property and Administrative

5 Services Act of 1949 (40 U.S.C. 481(a)(3)), the term of

6 a contract under this subsection may be up to 50 years.’’.

7 (b) AVAILABILITY OF MILITARY CONSTRUCTION

8 FUNDS TO FACILITATE CONVEYANCES.—That section is

9 further amended by inserting after subsection (f), as

10 added by subsection (a) of this section, the following new

11 subsection (g):

12 ‘‘(g) AVAILABILITY OF MILITARY CONSTRUCTION

13 FUNDS TO FACILITATE CONVEYANCES.—(1) Funds ap14 propriated for a military construction project authorized

15 by law for the construction, repair, or replacement of a

16 utility system to be conveyed under this section may, in17 stead of being used for the project, be used for a contribu18 tion by the Secretary concerned to the utility company or

19 entity to which the utility system is being conveyed for

20 the costs of the utility company or entity with respect to

21 the construction, repair, or replacement of the utility sys22 tem.

23 ‘‘(2) The Secretary concerned shall take into account

24 any contribution under this subsection with respect to a

25 utility system for purposes of the economic analysis re-
42

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1 quired for the conveyance of the utility system under sub2 section (e)(1).’’.

3 Subtitle C—Defense Base Closure

4 and Realignment

5 SEC. 2821. CONVEYANCE OF PROPERTY AT INSTALLATIONS

6 CLOSED OR REALIGNED UNDER THE BASE

7 CLOSURE LAWS WITHOUT CONSIDERATION

8 FOR ECONOMIC REDEVELOPMENT PUR9 POSES.

10 (a) 1990 LAW.—Section 2905(b)(4) of the Defense

11 Base Closure and Realignment Act of 1990 (part A of title

12 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

13 amended—

14 (1) in subparagraph (A)—

15 (A) by inserting ‘‘or realigned’’ after

16 ‘‘closed’’; and

17 (B) by inserting ‘‘for purposes of creating

18 jobs at the installation’’ before the period at the

19 end; and

20 (2) by striking subparagraph (B) and inserting

21 the following new subparagraph (B):

22 ‘‘(B)(i) Subject to clauses (ii) and (iii), the transfer

23 of property under this paragraph shall be for consideration

24 at the fair market value of the property.
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1 ‘‘(ii) The transfer of property under this paragraph

2 shall be without consideration in the case of an installation

3 located in a rural area whose closure or realignment under

4 this part will have a substantial adverse impact on the

5 economy of the communities in the vicinity of the installa6 tion.

7 ‘‘(iii) The transfer of property of an installation

8 under this paragraph shall also be without consideration

9 if the redevelopment authority with respect to the

10 installation—

11 ‘‘(I) provides in the agreement for the transfer

12 of such property that the proceeds of any sale or

13 lease of such property, or portion of such property,

14 received by the redevelopment authority during the

15 period after the date of the transfer of such property

16 agreed upon by the redevelopment authority and the

17 Secretary (but not less than 10 years after that

18 date) shall be used for economic redevelopment of

19 the installation or related to the installation; and

20 ‘‘(II) accepts control of such property under the

21 agreement within a reasonable time (as determined

22 by the Secretary) after the completion of the prop23 erty disposal record of decision or the entry of a

24 finding of no significant environmental impact with
44

•S 1061 PCS

1 respect to the transfer under the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

3 ‘‘(iv) For purposes of clause (iii), the following activi4 ties shall be treated as economic redevelopment of an in5 stallation or related to an installation:

6 ‘‘(I) Road construction or improvement.

7 ‘‘(II) Construction or improvement of transpor8 tation management facilities.

9 ‘‘(III) Construction or improvement of storm

10 and sanitary sewers.

11 ‘‘(IV) Construction or improvement of facilities

12 for police or fire protection services.

13 ‘‘(V) Construction or improvement of other

14 public facilities.

15 ‘‘(VI) Construction or improvement of utilities.

16 ‘‘(VII) Rehabilitation or improvement of build17 ings, including preservation of historic property.

18 ‘‘(VIII) Construction, improvement, or acquisi19 tion of pollution prevention equipment or facilities.

20 ‘‘(IX) Demolition of facilities.

21 ‘‘(X) Property management activities, including

22 removal of hazardous material, landscaping, grading,

23 and other site or public improvements.

24 ‘‘(XI) Planning and marketing the development

25 and reuse of the installation.
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1 ‘‘(v) An agreement for the transfer of property of an

2 installation under clause (iii)(I) shall permit the Secretary

3 to recoup from the redevelopment authority concerned

4 such portion as the Secretary determines appropriate of

5 the amount of any proceeds of the sale or lease of the

6 property that the redevelopment authority does not use to

7 support economic redevelopment of the installation or re8 lated to the installation for the period specified in the

9 agreement.’’.

10 (b) 1988 LAW.—Section 204(b)(4) of the Defense

11 Authorization Amendments and Base Closure and Re12 alignment Act (Public Law 100–526; 10 U.S.C. 2687

13 note) is amended—

14 (1) in subparagraph (A)—

15 (A) by inserting ‘‘or realigned’’ after

16 ‘‘closed’’; and

17 (B) by inserting ‘‘for purposes of creating

18 jobs at the installation’’ before the period at the

19 end; and

20 (2) by striking subparagraph (B) and inserting

21 the following new subparagraph (B):

22 ‘‘(B)(i) Subject to clauses (ii) and (iii), the transfer

23 of property under this paragraph shall be for consideration

24 at the fair market value of the property.
46

•S 1061 PCS

1 ‘‘(ii) The transfer of property under this paragraph

2 shall be without consideration in the case of an installation

3 located in a rural area whose closure or realignment under

4 this title will have a substantial adverse impact on the

5 economy of the communities in the vicinity of the installa6 tion.

7 ‘‘(iii) The transfer of property of an installation

8 under this paragraph shall also be without consideration

9 if the redevelopment authority with respect to the

10 installation—

11 ‘‘(I) provides in the agreement for the transfer

12 of such property that the proceeds of any sale or

13 lease of such property, or portion of such property,

14 received by the redevelopment authority during the

15 period after the date of the transfer of such property

16 agreed upon by the redevelopment authority and the

17 Secretary (but not less than 10 years after such

18 date) shall be used for economic redevelopment of

19 the installation or related to the installation; and

20 ‘‘(II) accepts control of such property under the

21 agreement within a reasonable time (as determined

22 by the Secretary) after the completion of the prop23 erty disposal record of decision or the entry of a

24 finding of no significant environmental impact with
47

•S 1061 PCS

1 respect to the transfer under the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

3 ‘‘(iv) For purposes of clause (iii), the following activi4 ties shall be treated as economic redevelopment of an in5 stallation or related to an installation:

6 ‘‘(I) Road construction or improvement.

7 ‘‘(II) Construction or improvement of transpor8 tation management facilities.

9 ‘‘(III) Construction or improvement of storm

10 and sanitary sewers.

11 ‘‘(IV) Construction or improvement of facilities

12 for police or fire protection services.

13 ‘‘(V) Construction or improvement of other

14 public facilities.

15 ‘‘(VI) Construction or improvement of utilities.

16 ‘‘(VII) Rehabilitation or improvement of build17 ings, including preservation of historic property.

18 ‘‘(VIII) Construction, improvement, or acquisi19 tion of pollution prevention equipment or facilities.

20 ‘‘(IX) Demolition of facilities.

21 ‘‘(X) Property management activities, including

22 removal of hazardous material, landscaping, grading,

23 and other site or public improvements.

24 ‘‘(XI) Planning and marketing the development

25 and reuse of the installation.
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1 ‘‘(v) An agreement for the transfer of property of an

2 installation under clause (iii)(I) shall permit the Secretary

3 to recoup from the redevelopment authority concerned

4 such portion as the Secretary determines appropriate of

5 the amount of any proceeds of the sale or lease of the

6 property that the redevelopment authority does not use to

7 support economic redevelopment of the installation or re8 lated to the installation for the period specified in the

9 agreement.’’.

10 (c) APPLICABILITY TO CERTAIN PRIOR AGREE11 MENTS.—(1)(A) Subject to subparagraph (B), the Sec12 retary of Defense may modify an agreement for the trans13 fer of property under section 2905(b)(4) of the Defense

14 Base Closure and Realignment Act of 1990, or under sec15 tion 204(b)(4) of the Defense Authorization Amendments

16 and Base Closure and Realignment Act, that was entered

17 into before April 21, 1999, for purposes of the com18 promise, waiver, adjustment, release, or reduction of any

19 right, title, claim, lien, or demand of the United States

20 under the agreement.

21 (B) The Secretary may modify an agreement under

22 this paragraph only if—

23 (i) the Secretary determines that, as a result of

24 changed economic circumstances, the modification is

25 necessary to provide for economic redevelopment of
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1 the installation concerned or related to that installa2 tion;

3 (ii) the terms of the modification do not require

4 the return of any payments made to the Secretary

5 under the agreement before the date of the modifica6 tion; and

7 (iii) the terms of the modification do not com8 promise, waive, adjust, release, or reduce any right,

9 title, claim, lien, or demand of the United States

10 under the agreement with respect to the receipt by

11 the United States of in-kind consideration.

12 (C) In modifying an agreement under subparagraph

13 (A), the Secretary may waive some or all future payments

14 to the United States under the agreement to the extent

15 that the Secretary determines such waiver is necessary.

16 (D) In modifying an agreement under subparagraph

17 (A), the Secretary and the redevelopment authority con18 cerned shall include in the agreement provisions consistent

19 with clauses (iii)(I) and (v) of section 2905(b)(4)(B) of

20 the Defense Base Closure and Realignment Act of 1990

21 (as amended by this section), or clauses (iii)(I) and (v)

22 under section 204(b)(4)(B) of the Defense Authorization

23 Amendments and Base Closure and Realignment Act (as

24 so amended), as applicable.
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1 (2)(A) The Secretary shall, upon the request of the

2 redevelopment authority concerned, modify an agreement

3 for the transfer of property under section 2905(b)(4) of

4 the Defense Base Closure and Realignment Act of 1990,

5 or under section 204(b)(4) of the Defense Authorization

6 Amendments and Base Closure and Realignment Act, that

7 was entered into between April 21, 1999, and the date

8 of the enactment of this Act in order to conform the agree9 ment to the provisions of subparagraph (B) of such section

10 2905(b)(4), as so amended, or subparagraph (B) of such

11 section 204(b)(4), as so amended.

12 (B) A modification of an agreement under this para13 graph may compromise, waive, adjust, release, or reduce

14 any right, title, claim, lien, or demand of the United States

15 under the agreement.

16 (d) REPEAL OF CERTAIN OBSOLETE AUTHORITY.—

17 (1) Section 204(b)(4)(D) of the Defense Authorization

18 Amendments and Base Closure and Realignment Act is

19 amended—

20 (A) by striking ‘‘(i)’’; and

21 (B) by striking clause (ii).

22 (2) Section 2905(b)(4)(D) of the Defense Base Clo23 sure and Realignment Act of 1990 is amended—

24 (A) by striking ‘‘(i)’’; and

25 (B) by striking clause (ii).
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1 Subtitle D—Land Conveyances

2 PART I—ARMY CONVEYANCES

3 SEC. 2831. LAND CONVEYANCE, ARMY RESERVE CENTER,

4 BANGOR, MAINE.

5 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

6 of the Army may convey, without consideration, to the

7 City of Bangor, Maine (in this section referred to as the

8 ‘‘City’’), all right, title, and interest of the United States

9 in and to a parcel of real property, including any improve10 ments thereon, consisting of approximately 5 acres and

11 containing the Army Reserve Center in Bangor, Maine,

12 known as the Harold S. Slager Army Reserve Center. The

13 parcel has been determined to be excess to the needs of

14 the Army.

15 (2) The purpose of the conveyance is to permit the

16 City to use the property for educational purposes.

17 (b) ALTERNATIVE CONVEYANCE AUTHORITY.—If at

18 the time of the conveyance authorized by subsection (a)

19 the Secretary has transferred jurisdiction over any of the

20 property to be conveyed to the Administrator of General

21 Services, the Administrator shall make the conveyance of

22 such property under this section.

23 (c) FEDERAL SCREENING.—(1) If any of the prop24 erty authorized to be conveyed by subsection (a) of this

25 section is under the jurisdiction of the Administrator as
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1 of the date of the enactment of this Act, the Administrator

2 shall conduct with respect to such property the screening

3 for further Federal use otherwise required by subsection

4 (a) of section 2696 of title 10, United States Code.

5 (2) Subsections (b) through (d) of such section 2696

6 shall apply to the screening under paragraph (1) as if the

7 screening were a screening conducted under subsection (a)

8 of such section 2696. For purposes of such subsection (b),

9 the date of the enactment of the provision of law author10 izing the conveyance of the property authorized to be con11 veyed by this section shall be the date of the enactment

12 of this Act.

13 (d) REVERSIONARY INTEREST.—If during the 5-year

14 period beginning on the date the conveyance authorized

15 by subsection (a) is made the Secretary determines that

16 the property conveyed under that subsection is not being

17 used for the purpose specified in paragraph (2) of that

18 subsection, all right, title, and interest in and to the prop19 erty shall revert to the United States, and the United

20 States shall have the right of immediate entry onto the

21 property. Any determination of the Secretary under this

22 subsection shall be made on the record after an oppor23 tunity for a hearing.

24 (e) DESCRIPTION OF PROPERTY.—The exact acreage

25 and legal description of the real property to be conveyed
53

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1 under subsection (a) shall be determined by a survey satis2 factory to the official having jurisdiction over the property

3 at the time of the conveyance. The cost of the survey shall

4 be borne by the City.

5 (f) ADDITIONAL TERMS AND CONDITIONS.—The offi6 cial having jurisdiction over the property authorized to be

7 conveyed by subsection (a) at the time of the conveyance

8 may require such additional terms and conditions in con9 nection with the conveyance as that official considers ap10 propriate to protect the interest of the United States.

11 PART II—NAVY CONVEYANCES

12 SEC. 2841. CLARIFICATION OF LAND EXCHANGE, NAVAL RE13 SERVE READINESS CENTER, PORTLAND,

14 MAINE.

15 (a) CLARIFICATION ON CONVEYEE.—Subsection

16 (a)(1) of section 2852 of the Military Construction Au17 thorization Act for Fiscal Year 1999 (division B of Public

18 Law 105–261; 112 Stat. 2220) is amended by striking

19 ‘‘Gulf of Maine Aquarium Development Corporation, Port20 land, Maine (in this section referred to as the ‘Corpora21 tion’)’’ and inserting ‘‘Gulf of Maine Aquarium Develop22 ment Corporation, Portland, Maine, a non-profit edu23 cation and research institute (in this section referred to

24 as the ‘Aquarium’)’’.
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1 (b) CONFORMING AMENDMENTS.—That section is

2 further amended by striking ‘‘the Corporation’’ each place

3 it appears and inserting ‘‘the Aquarium’’.

4 SEC. 2842. LAND CONVEYANCE, NEWPORT, RHODE ISLAND.

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of

6 the Navy may convey, without consideration, to the City

7 of Newport, Rhode Island (in this section referred to as

8 the ‘‘City’’), all right, title, and interest of the United

9 States in and to a parcel of real property (together with

10 any improvements thereon) consisting of approximately 15

11 acres and known familiarly as the Ranger Road site. The

12 real property is bounded by Naval Station Newport, Rhode

13 Island, to the north and west, by the Town of Middletown,

14 Rhode Island, to the north and east, and by Admiral

15 Kalbfus Road, the Jai Alai fronton, the Newport City

16 Yard, and the ramp to Newport Bridge to the south.

17 (b) CONDITION.—The conveyance authorized by sub18 section (a) shall be subject to the condition that the City

19 use the conveyed property for one or more of the following

20 purposes:

21 (1) A satellite campus of the Community Col22 lege of Rhode Island.

23 (2) A center for child day care and early child24 hood education.
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1 (3) A center for offices of the Government of

2 the State of Rhode Island.

3 (c) REVERSIONARY INTEREST.—If during the 5-year

4 period beginning on the date the Secretary makes the con5 veyance authorized by subsection (a) the Secretary deter6 mines that the conveyed property is not being used for

7 any of the purposes specified in subsection (b), all right,

8 title, and interest in and to the property, including any

9 improvements thereon, shall revert to the United States,

10 and the United States shall have the right of immediate

11 entry onto the property. Any determination of the Sec12 retary under this subsection shall be made on the record

13 after an opportunity for a hearing.

14 (d) LEGAL DESCRIPTION OF PROPERTY.—The exact

15 acreage and legal description of the real property to be

16 conveyed under subsection (a) shall be determined by a

17 survey acceptable to the Secretary. The cost of the survey

18 shall be borne by the City.

19 (e) ADDITIONAL TERMS AND CONDITIONS.—The

20 Secretary may require such additional terms and condi21 tions in connection with the conveyance authorized by sub22 section (a) as the Secretary considers appropriate to pro23 tect the interests of the United States.
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1 SEC. 2843. LAND CONVEYANCE, NAVAL WEAPONS INDUS2 TRIAL RESERVE PLANT NO. 387, DALLAS,

3 TEXAS.

4 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

5 of the Navy may convey to the City of Dallas, Texas (in

6 this section referred to as the ‘‘City’’), all right, title, and

7 interest of the United States in and to parcels of real prop8 erty consisting of approximately 314 acres and comprising

9 the Naval Weapons Industrial Reserve Plant No. 387,

10 Dallas, Texas.

11 (2)(A) As part of the conveyance authorized by para12 graph (1), the Secretary may convey to the City such im13 provements, equipment, fixtures, and other personal prop14 erty located on the parcels referred to in that paragraph

15 as the Secretary determines to be not required by the

16 Navy for other purposes.

17 (B) The Secretary may permit the City to review and

18 inspect the improvements, equipment, fixtures, and other

19 personal property located on the parcels referred to in

20 paragraph (1) for purposes of the conveyance authorized

21 by this paragraph.

22 (b) AUTHORITY TO CONVEY WITHOUT CONSIDER23 ATION.—The conveyance authorized by subsection (a) may

24 be made without consideration if the Secretary determines

25 that the conveyance on that basis would be in the best

26 interests of the United States.
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1 (c) CONDITION OF CONVEYANCE.—The conveyance

2 authorized by subsection (a) shall be subject to the condi3 tion that the City—

4 (1) use the parcels, directly or through an

5 agreement with a public or private entity, for eco6 nomic purposes or such other public purposes as the

7 City determines appropriate; or

8 (2) convey the parcels to an appropriate public

9 entity for use for such purposes.

10 (d) REVERSION.—If, during the 5-year period begin11 ning on the date the Secretary makes the conveyance au12 thorized by subsection (a), the Secretary determines that

13 the conveyed real property is not being used for a purpose

14 specified in subsection (c), all right, title, and interest in

15 and to the property, including any improvements thereon,

16 shall revert to the United States, and the United States

17 shall have the right of immediate entry onto the property.

18 (e) LIMITATION ON CERTAIN SUBSEQUENT CONVEY19 ANCES.—(1) Subject to paragraph (2), if at any time after

20 the Secretary makes the conveyance authorized by sub21 section (a) the City conveys any portion of the parcels con22 veyed under that subsection to a private entity, the City

23 shall pay to the United States an amount equal to the

24 fair market value (as determined by the Secretary) of the
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1 portion conveyed at the time of its conveyance under this

2 subsection.

3 (2) Paragraph (1) applies to a conveyance described

4 in that paragraph only if the Secretary makes the convey5 ance authorized by subsection (a) without consideration.

6 (3) The Secretary shall deposit in the General Fund

7 of the Treasury as miscellaneous receipts any amounts

8 paid the Secretary under this subsection.

9 (f) INTERIM LEASE.—(1) Until such time as the real

10 property described in subsection (a) is conveyed by deed

11 under this section, the Secretary may continue to lease

12 the property, together with improvements thereon, to the

13 current tenant under the existing terms and conditions of

14 the lease for the property.

15 (2) If good faith negotiations for the conveyance of

16 the property continue under this section beyond the end

17 of the third year of the term of the existing lease for the

18 property, the Secretary shall continue to lease the property

19 to the current tenant of the property under the terms and

20 conditions applicable to the first three years of the lease

21 of the property pursuant to the existing lease for the prop22 erty.

23 (g) MAINTENANCE OF PROPERTY.—(1) Subject to

24 paragraph (2), the Secretary shall be responsible for main25 taining the real property to be conveyed under this section
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1 in its condition as of the date of the enactment of this

2 Act until such time as the property is conveyed by deed

3 under this section.

4 (2) The current tenant of the property shall be re5 sponsible for any maintenance required under paragraph

6 (1) to the extent of the activities of that tenant at the

7 property during the period covered by that paragraph.

8 (h) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the real property to be conveyed

10 under subsection (a) shall be determined by a survey satis11 factory to the Secretary. The cost of the survey shall be

12 borne by the City.

13 (i) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require such additional terms and conditions

15 in connection with the conveyance under subsection (a) as

16 the Secretary considers appropriate to protect the inter17 ests of the United States.

18 PART III—AIR FORCE CONVEYANCES

19 SEC. 2851. LAND CONVEYANCE, MCCLELLAN NUCLEAR RA20 DIATION CENTER, CALIFORNIA.

21 (a) CONVEYANCE AUTHORIZED.—Notwithstanding

22 any other provision of law, the Secretary of the Air Force

23 may convey, without consideration, to the Regents of the

24 University of California, acting on behalf of the University

25 of California, Davis (in this section referred to as the ‘‘Re-
60

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1 gents’’), all right, title, and interest of the United States

2 in and to the parcel of real property, including improve3 ments thereon, consisting of the McClellan Nuclear Radi4 ation Center, California.

5 (b) INSPECTION OF PROPERTY.—The Secretary

6 shall, at an appropriate time before the conveyance au7 thorized by subsection (a), permit the Regents access to

8 the property to be conveyed for purposes of such investiga9 tion of the McClellan Nuclear Radiation Center and the

10 atomic reactor located at the Center as the Regents con11 sider appropriate.

12 (c) HOLD HARMLESS.—(1)(A) The Secretary may

13 not make the conveyance authorized by subsection (a) un14 less the Regents agree to indemnify and hold harmless the

15 United States for and against the following:

16 (i) Any and all costs associated with the decon17 tamination and decommissioning of the atomic reac18 tor at the McClellan Nuclear Radiation Center

19 under requirements that are imposed by the Nuclear

20 Regulatory Commission or any other appropriate

21 Federal or State regulatory agency.

22 (ii) Any and all injury, damage, or other liabil23 ity arising from the operation of the atomic reactor

24 after its conveyance under this section.
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1 (B) As consideration for the agreement under sub2 paragraph (A), the Secretary may pay the Regents an

3 amount determined appropriate by the Secretary. The

4 amount may not exceed $17,593,000.

5 (2) Notwithstanding the agreement under paragraph

6 (1), the Secretary may, as part of the conveyance author7 ized by subsection (a), enter into an agreement with the

8 Regents under which agreement the United States shall

9 indemnify and hold harmless the University of California

10 for and against any injury, damage, or other liability in

11 connection with the operation of the atomic reactor at the

12 McClellan Nuclear Radiation Center after its conveyance

13 under this section that arises from a defect in the atomic

14 reactor that could not have been discovered in the course

15 of the inspection carried out under subsection (b).

16 (d) CONTINUING OPERATION OF REACTOR.—Until

17 such time as the property authorized to be conveyed by

18 subsection (a) is conveyed by deed, the Secretary shall

19 take appropriate actions, including the allocation of per20 sonnel, funds, and other resources, to ensure the con21 tinuing operation of the atomic reactor located at the

22 McClellan Nuclear Radiation Center in accordance with

23 applicable requirements of the Nuclear Regulatory Com24 mission and otherwise in accordance with law.
62

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1 (e) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the real property to be conveyed

3 under subsection (a) shall be determined by a survey satis4 factory to the Secretary. The cost of the survey shall be

5 borne by the Secretary.

6 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec7 retary may require such additional terms and conditions

8 in connection with the conveyance under subsection (a) as

9 the Secretary considers appropriate to protect the inter10 ests of the United States.

11 SEC. 2852. LAND CONVEYANCE, NEWINGTON DEFENSE

12 FUEL SUPPLY POINT, NEW HAMPSHIRE.

13 (a) CONVEYANCE AUTHORIZED.—The Secretary of

14 the Air Force may convey, without consideration, to the

15 Pease Development Authority, New Hampshire (in this

16 section referred to as the ‘‘Authority’’), all right, title, and

17 interest of the United States in and to parcels of real

18 property, together with any improvements thereon, con19 sisting of approximately 10.26 acres and located in

20 Newington, New Hampshire, the site of the Newington

21 Defense Fuel Supply Point. The parcels have been deter22 mined to be excess to the needs of the Air Force.

23 (b) RELATED PIPELINE AND EASEMENT.—As part

24 of the conveyance authorized by subsection (a), the Sec25 retary may convey to the Authority without consideration
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1 all right, title, and interest of the United States in and

2 to the following:

3 (1) The pipeline approximately 1.25 miles in

4 length that runs between the property authorized to

5 be conveyed under subsection (a) and former Pease

6 Air Force Base, New Hampshire, and any facilities

7 and equipment related thereto.

8 (2) An easement consisting of approximately

9 4.612 acres for purposes of activities relating to the

10 pipeline.

11 (c) ALTERNATIVE CONVEYANCE AUTHORITY.—If at

12 the time of the conveyance authorized by this section the

13 Secretary has transferred jurisdiction over any of the

14 property to be conveyed to the Administrator of General

15 Services, the Administrator shall make the conveyance of

16 such property under this section.

17 (d) FEDERAL SCREENING.—(1) If any of the prop18 erty authorized to be conveyed by this section is under

19 the jurisdiction of the Administrator as of the date of the

20 enactment of this Act, the Administrator shall conduct

21 with respect to such property the screening for further

22 Federal use otherwise required by subsection (a) of section

23 2696 of title 10, United States Code.

24 (2) Subsections (b) through (d) of such section 2696

25 shall apply to the screening under paragraph (1) as if the
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1 screening were a screening conducted under subsection (a)

2 of such section 2696. For purposes of such subsection (b),

3 the date of the enactment of the provision of law author4 izing the conveyance of the property authorized to be con5 veyed by this section shall be the date of the enactment

6 of this Act.

7 (e) DESCRIPTION OF PROPERTY.—The exact acreage

8 and legal description of the real property to be conveyed

9 under subsection (a), the easement to be conveyed under

10 subsection (b)(2), and the pipeline to be conveyed under

11 subsection (b)(1) shall be determined by surveys and other

12 means satisfactory to the official having jurisdiction over

13 the property or pipeline, as the case may be, at the time

14 of the conveyance. The cost of any survey or other services

15 performed at the direction of that official under the pre16 ceding sentence shall be borne by the Authority.

17 (f) ADDITIONAL TERMS AND CONDITIONS.—The offi18 cial having jurisdiction over the property to be conveyed

19 under subsection (a), or the pipeline and easement to be

20 conveyed under subsection (b), at the time of the convey21 ance may require such additional terms and conditions in

22 connection with the conveyance as that official considers

23 appropriate to protect the interests of the United States.
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1 Subtitle E—Other Matters

2 SEC. 2861. ACQUISITION OF STATE-HELD INHOLDINGS,

3 EAST RANGE OF FORT HUACHUCA, ARIZONA.

4 (a) ACQUISITION AUTHORIZED.—(1) The Secretary

5 of the Interior may acquire by eminent domain, but with

6 the consent of the State of Arizona, all right, title, and

7 interest (including any mineral rights) of the State of Ari8 zona in and to unimproved Arizona State Trust lands con9 sisting of approximately 1,536.47 acres in the Fort

10 Huachuca East Range, Cochise County, Arizona.

11 (2) The Secretary may also acquire by eminent do12 main, but with the consent of the State of Arizona, any

13 trust mineral estate of the State of Arizona located be14 neath the surface estates of the United States in one or

15 more parcels of land consisting of approximately 12,943

16 acres in the Fort Huachuca East Range, Cochise County,

17 Arizona.

18 (b) CONSIDERATION.—(1) Subject to subsection (c),

19 as consideration for the acquisition by the United States

20 of Arizona State trust lands and mineral interests under

21 subsection (a), the Secretary, acting through the Bureau

22 of Land Management, may convey to the State of Arizona

23 all right, title, and interest of the United States, or some

24 lesser interest, in one or more parcels of Federal land
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1 under the jurisdiction of the Bureau of Land Management

2 in the State of Arizona.

3 (2) The lands or interests in land to be conveyed

4 under this subsection shall be mutually agreed upon by

5 the Secretary and the State of Arizona, as provided in sub6 section (c)(1).

7 (3) The value of the lands conveyed out of Federal

8 ownership under this subsection either shall be equal to

9 the value of the lands and mineral interests received by

10 the United States under subsection (a) or, if not, shall

11 be equalized by a payment made by the Secretary or the

12 State of Arizona, as necessary.

13 (c) CONDITIONS ON CONVEYANCE TO STATE.—The

14 Secretary may make the conveyance described in sub15 section (b) only if—

16 (1) the transfer of the Federal lands to the

17 State of Arizona is acceptable to the State Land

18 Commissioner; and

19 (2) the conveyance of lands and interests in

20 lands under subsection (b) is accepted by the State

21 of Arizona as full consideration for the land and

22 mineral rights acquired by the United States under

23 subsection (a) and terminates all right, title, and in24 terest of all parties (other than the United States)

25 in and to the acquired lands and mineral rights.
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1 (d) USE OF EMINENT DOMAIN.—The Secretary may

2 acquire the State lands and mineral rights under sub3 section (a) pursuant to the laws and regulations governing

4 eminent domain.

5 (e) DETERMINATION OF FAIR MARKET VALUE.—

6 Notwithstanding any other provision of law, the value of

7 lands and interests in lands acquired or conveyed by the

8 United States under this section shall be determined in

9 accordance with the Uniform Appraisal Standards for

10 Federal Land Acquisition, as published by the Depart11 ment of Justice in 1992. The appraisal shall be subject

12 to the review and acceptance by the Land Department of

13 the State of Arizona and the Bureau of Land Manage14 ment.

15 (f) DESCRIPTIONS OF LAND.—The exact acreage and

16 legal descriptions of the lands and interests in lands ac17 quired or conveyed by the United States under this section

18 shall be determined by surveys that are satisfactory to the

19 Secretary of the Interior and the State of Arizona.

20 (g) WITHDRAWAL OF ACQUIRED LANDS FOR MILI21 TARY PURPOSES.—After acquisition, the lands acquired

22 by the United States under subsection (a) may be with23 drawn and reserved, in accordance with all applicable envi24 ronmental laws, for use by the Secretary of the Army for

25 military training and testing in the same manner as other
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1 Federal lands located in the Fort Huachuca East Range

2 that were withdrawn and reserved for Army use through

3 Public Land Order 1471 of 1957.

4 (h) ADDITIONAL TERMS AND CONDITIONS.—The

5 Secretary of the Interior may require such additional

6 terms and conditions in connection with the conveyance

7 and acquisition of lands and interests in land under this

8 section as the Secretary considers to be appropriate to

9 protect the interests of the United States and any valid

10 existing rights.

11 (i) COST REIMBURSEMENT.—All costs associated

12 with the processing of the acquisition of State trust lands

13 and mineral interests under subsection (a) and the convey14 ance of public lands under subsection (b) shall be borne

15 by the Secretary of the Army.

16 SEC. 2862. DEVELOPMENT OF FORD ISLAND, HAWAII.

17 (a) IN GENERAL.—(1) Subject to paragraph (2), the

18 Secretary of the Navy may exercise any authority or com19 bination of authorities in this section for the purpose of

20 developing or facilitating the development of Ford Island,

21 Hawaii, to the extent that the Secretary determines the

22 development is compatible with the mission of the Navy.

23 (2) The Secretary may not exercise any authority

24 under this section until—
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1 (A) the Secretary submits to the appropriate

2 committees of Congress a master plan for the devel3 opment of Ford Island; and

4 (B) a period of 30 calendar days has elapsed

5 following the date on which the notification is re6 ceived by those committees.

7 (b) CONVEYANCE AUTHORITY.—(1) The Secretary of

8 the Navy may convey to any public or private person or

9 entity all right, title, and interest of the United States in

10 and to any real property (including any improvements

11 thereon) or personal property under the jurisdiction of the

12 Secretary in the State of Hawaii that the Secretary

13 determines—

14 (A) is excess to the needs of the Navy and all

15 of the other Armed Forces; and

16 (B) will promote the purpose of this section.

17 (2) A conveyance under this subsection may include

18 such terms and conditions as the Secretary considers ap19 propriate to protect the interests of the United States.

20 (c) LEASE AUTHORITY.—(1) The Secretary of the

21 Navy may lease to any public or private person or entity

22 any real property or personal property under the jurisdic23 tion of the Secretary in the State of Hawaii that the Sec24 retary determines—
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1 (A) is not needed for current operations of the

2 Navy and all of the other Armed Forces; and

3 (B) will promote the purpose of this section.

4 (2) A lease under this subsection shall be subject to

5 section 2667(b)(1) of title 10, United States Code, and

6 may include such others terms as the Secretary considers

7 appropriate to protect the interests of the United States.

8 (3) A lease of real property under this subsection may

9 provide that, upon termination of the lease term, the lessee

10 shall have the right of first refusal to acquire the real

11 property covered by the lease if the property is then con12 veyed under subsection (b).

13 (4)(A) The Secretary may provide property support

14 services to or for real property leased under this sub15 section.

16 (B) To the extent provided in appropriations Acts,

17 any payment made to the Secretary for services provided

18 under this paragraph shall be credited to the appropria19 tion, account, or fund from which the cost of providing

20 the services was paid.

21 (d) ACQUISITION OF LEASEHOLD INTEREST BY SEC22 RETARY.—(1) The Secretary of the Navy may acquire a

23 leasehold interest in any facility constructed under sub24 section (f) as consideration for a transaction authorized
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1 by this section upon such terms as the Secretary considers

2 appropriate to promote the purpose of this section.

3 (2) The term of a lease under paragraph (1) may not

4 exceed 10 years, unless the Secretary of Defense approves

5 a term in excess of 10 years for the purpose of this section.

6 (3) A lease under this subsection may provide that,

7 upon termination of the lease term, the United States

8 shall have the right of first refusal to acquire the facility

9 covered by the lease.

10 (e) REQUIREMENT FOR COMPETITION.—The Sec11 retary of the Navy shall use competitive procedures for

12 purposes of selecting the recipient of real or personal prop13 erty under subsection (b) and the lessee of real or personal

14 property under subsection (c).

15 (f) CONSIDERATION.—(1) As consideration for the

16 conveyance of real or personal property under subsection

17 (b), or for the lease of real or personal property under

18 subsection (c), the Secretary of the Navy shall accept cash,

19 real property, personal property, or services, or any com20 bination thereof, in an aggregate amount equal to not less

21 than the fair market value of the real or personal property

22 conveyed or leased.

23 (2) Subject to subsection (i), the services accepted by

24 the Secretary under paragraph (1) may include the fol25 lowing:
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1 (A) The construction or improvement of facili2 ties at Ford Island.

3 (B) The restoration or rehabilitation of real

4 property at Ford Island.

5 (C) The provision of property support services

6 for property or facilities at Ford Island.

7 (g) NOTICE AND WAIT REQUIREMENTS.—The Sec8 retary of the Navy may not carry out a transaction au9 thorized by this section until—

10 (1) the Secretary submits to the appropriate

11 committees of Congress a notification of the trans12 action, including—

13 (A) a detailed description of the trans14 action; and

15 (B) a justification for the transaction

16 specifying the manner in which the transaction

17 will meet the purpose of this section; and

18 (2) a period of 30 calendar days has elapsed

19 following the date on which the notification is re20 ceived by those committees.

21 (h) FORD ISLAND IMPROVEMENT ACCOUNT.—(1)

22 There is established on the books of the Treasury an ac23 count to be known as the ‘‘Ford Island Improvement Ac24 count’’.
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1 (2) There shall be deposited into the account the fol2 lowing amounts:

3 (A) Amounts authorized and appropriated to

4 the account.

5 (B) Except as provided in subsection (c)(4)(B),

6 the amount of any cash payment received by the

7 Secretary for a transaction under this section.

8 (i) USE OF ACCOUNT.—(1) Subject to paragraph (2),

9 to the extent provided in advance in appropriation Acts,

10 funds in the Ford Island Improvement Account may be

11 used as follows:

12 (A) To carry out or facilitate the carrying out

13 of a transaction authorized by this section.

14 (B) To carry out improvements of property or

15 facilities at Ford Island.

16 (C) To obtain property support services for

17 property or facilities at Ford Island.

18 (2) To extent that the authorities provided under sub19 chapter IV of chapter 169 of title 10, United States Code,

20 are available to the Secretary of the Navy, the Secretary

21 may not use the authorities in this section to acquire, con22 struct, or improve family housing units, military unaccom23 panied housing units, or ancillary supporting facilities re24 lated to military housing at Ford Island.
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1 (3)(A) The Secretary may transfer funds from the

2 Ford Island Improvement Account to the following funds:

3 (i) The Department of Defense Family Housing

4 Improvement Fund established by section

5 2883(a)(1) of title 10, United States Code.

6 (ii) The Department of Defense Military Unac7 companied Housing Improvement Fund established

8 by section 2883(a)(2) of that title.

9 (B) Amounts transferred under subparagraph (A) to

10 a fund referred to in that subparagraph shall be available

11 in accordance with the provisions of section 2883 of title

12 10, United States Code, for activities authorized under

13 subchapter IV of chapter 169 of that title at Ford Island.

14 (j) INAPPLICABILITY OF CERTAIN PROPERTY MAN15 AGEMENT LAWS.—Except as otherwise provided in this

16 section, transactions under this section shall not be subject

17 to the following:

18 (1) Sections 2667 and 2696 of title 10, United

19 States Code.

20 (2) Section 501 of the Stewart B. McKinney

21 Homeless Assistance Act (42 U.S.C. 11411).

22 (3) Sections 202 and 203 of the Federal Prop23 erty and Administrative Services Act of 1949 (40

24 U.S.C. 483, 484).
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1 (k) SCORING.—Nothing in this section shall be con2 strued to waive the applicability to any lease entered into

3 under this section of the budget scorekeeping guidelines

4 used to measure compliance with the Balanced Budget

5 Emergency Deficit Control Act of 1985.

6 (l) CONFORMING AMENDMENTS.—Section 2883(c) of

7 title 10, United States Code, is amended—

8 (1) in paragraph (1), by adding at the end the

9 following new subparagraph:

10 ‘‘(E) Any amounts that the Secretary of the

11 Navy transfers to that Fund pursuant to section

12 2862(i)(3)(A)(i) of the Military Construction Au13 thorization Act for Fiscal Year 2000, subject to the

14 restrictions on the use of the transferred amounts

15 specified in that section.’’; and

16 (2) in paragraph (2), by adding at the end the

17 following new subparagraph:

18 ‘‘(E) Any amounts that the Secretary of the

19 Navy transfers to that Fund pursuant to section

20 2862(i)(3)(A)(ii) of the Military Construction Au21 thorization Act for Fiscal Year 2000, subject to the

22 restrictions on the use of the transferred amounts

23 specified in that section.’’.

24 (m) DEFINITIONS.—In this section:
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1 (1) The term ‘‘appropriate committees of Con2 gress’’ has the meaning given that term in section

3 2801(4) of title 10, United States Code.

4 (2) The term ‘‘property support service’’ means

5 the following:

6 (A) Any utility service or other service list7 ed in section 2686(a) of title 10, United States

8 Code.

9 (B) Any other service determined by the

10 Secretary to be a service that supports the op11 eration and maintenance of real property, per12 sonal property, or facilities.

13 TITLE XXIX—RENEWAL OF

14 MILITARY LAND WITHDRAWALS

15 SEC. 2901. SHORT TITLE.

16 This title may be cited as the Military Lands With17 drawal Renewal Act of 1999’’.

18 SEC. 2902. WITHDRAWALS.

19 (a) BARRY M. GOLDWATER RANGE.—(1) Subject to

20 valid existing rights and except as otherwise provided in

21 this title, the lands described in paragraph (3) are hereby

22 withdrawn from all forms of appropriation under the pub23 lic land laws (including the mining laws and the mineral

24 leasing and the geothermal leasing laws).
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1 (2) Such lands are reserved for use by the Secretary

2 of the Air Force and the Secretary of the Navy for—

3 (A) testing and training for aerial bombing,

4 missile firing, and tactical maneuvering and air sup5 port;

6 (B) joint air and ground operations training,

7 including ground maneuvers; and

8 (C) subject to the requirements of section

9 2904(f), other defense-related purposes consistent

10 with the purposes specified in this paragraph.

11 (3) The lands referred to in paragraph (1) are the

12 lands comprising approximately 2,664,423 acres in Mari13 copa, Pima, and Yuma Counties, Arizona, as generally de14 picted on the map entitled ‘‘Luke Air Force Range With15 drawal—Proposed’’, dated January 1985, and withdrawn

16 by the provisions of section 1(c) of the Military Lands

17 Withdrawal Act of 1986 (Public Law 99–606). Such lands

18 do not include any portion of the lands so withdrawn that

19 were relinquished to the Secretary of the Interior under

20 the provisions of that Act.

21 (4)(A) The Secretary of the Air Force and the Sec22 retary of the Navy shall enter into a memorandum of un23 derstanding specifying the geographic areas of the lands

24 withdrawn by this subsection that will be managed by the
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1 Secretary of the Air Force and the Secretary of the Navy,

2 respectively.

3 (B) For purposes of this title, the Secretary of the

4 Air Force shall be treated as the Secretary of the military

5 department concerned for the lands specified in the memo6 randum of understanding as managed by the Secretary

7 of the Air Force.

8 (C) For purposes of this title, the Secretary of the

9 Navy shall be treated as the Secretary of the military de10 partment concerned for the lands specified in the memo11 randum of understanding as managed by the Secretary

12 of the Navy.

13 (5) The Barry M. Goldwater Air Force Range is here14 by redesignated as the ‘‘Barry M. Goldwater Range’’. Any

15 reference to the Barry M. Goldwater Air Force Range in

16 any law, regulation, document, record, map, or other

17 paper of the United States shall be deemed to be a ref18 erence to the Barry M. Goldwater Range.

19 (6) The withdrawal and reservation established by

20 this subsection shall be a multi-year withdrawal consistent

21 with the environmental impact statements prepared by the

22 military departments and the Department of the Interior.

23 (b) MCGREGOR RANGE.—(1) Subject to valid exist24 ing rights and except as otherwise provided in this title,

25 the public lands described in paragraph (3) are hereby
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1 withdrawn from all forms of appropriation under the pub2 lic land laws (including the mining laws and the mineral

3 leasing and the geothermal leasing laws).

4 (2) Such lands are reserved for use by the Secretary

5 of the Army—

6 (A) for training and weapons testing; and

7 (B) subject to the requirements of section

8 2904(f), for other defense-related purposes con9 sistent with the purposes specified in this paragraph.

10 (3) The lands referred to in paragraph (1) are the

11 lands comprising approximately 608,384.87 acres in Otero

12 County, New Mexico, as generally depicted on the map

13 entitled ‘‘McGregor Range Withdrawal—Proposed’’, dated

14 January 1985, and withdrawn by the provisions of section

15 1(d) of the Military Lands Withdrawal Act of 1986. Such

16 lands do not include any portion of the lands so withdrawn

17 that were relinquished to the Secretary of the Interior

18 under the provisions of that Act.

19 (4) Any of the public lands withdrawn under para20 graph (1) which, as of the date of the enactment of this

21 Act, are managed pursuant to section 603 of the Federal

22 Land Policy and Management Act of 1976 (43 U.S.C.

23 1782) shall continue to be managed under that section

24 until otherwise expressly provided by law.
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1 (5) The withdrawal and reservation established by

2 this subsection shall be a multi-year withdrawal consistent

3 with the environmental impact statements prepared by the

4 military departments and the Department of the Interior.

5 (c) FORT GREELY MANEUVER AREA AND FORT

6 GREELY AIR DROP ZONE.—(1) Subject to valid existing

7 rights and except as otherwise provided in this title, the

8 lands described in paragraph (3) are hereby withdrawn

9 from all forms of appropriation under the public land laws

10 (including the mining laws and the mineral leasing and

11 the geothermal leasing laws), under the Act entitled ‘‘An

12 Act to provide for the admission of the State of Alaska

13 into the Union’’, approved July 7, 1958 (48 U.S.C. note

14 prec. 21), and under the Alaska Native Claims Settlement

15 Act (43 U.S.C. 1601 et seq.).

16 (2) Such lands are reserved for use by the Secretary

17 of the Army for—

18 (A) military maneuvering, training, and equip19 ment development and testing; and

20 (B) subject to the requirements of section

21 2904(f), other defense-related purposes consistent

22 with the purposes specified in this paragraph.

23 (3)(A) The lands referred to in paragraph (1) are—

24 (i) the lands comprising approximately 571,995

25 acres in the Big Delta Area, Alaska, as generally de-
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1 picted on the map entitled ‘‘Fort Greely Maneuver

2 Area Withdrawal—Proposed’’, dated January 1985,

3 and withdrawn by the provisions of section 1(e) of

4 the Military Lands Withdrawal Act of 1986; and

5 (ii) the lands comprising approximately 51,590

6 acres in the Granite Creek Area, Alaska, as gen7 erally depicted on the map entitled ‘‘Fort Greely, Air

8 Drop Zone Withdrawal—Proposed’’, dated January

9 1985, and withdrawn by the provisions of such sec10 tion.

11 (B) Such lands do not include any portion of the

12 lands so withdrawn that were relinquished to the Sec13 retary of the Interior under the provisions of that Act.

14 (d) FORT WAINWRIGHT MANEUVER AREA.—(1) Sub15 ject to valid existing rights and except as otherwise pro16 vided in this title, the public lands described in paragraph

17 (3) are hereby withdrawn from all forms of appropriation

18 under the public land laws (including the mining laws and

19 the mineral leasing and the geothermal leasing laws),

20 under the Act entitled ‘‘An Act to provide for the admis21 sion of the State of Alaska into the Union’’, approved July

22 7, 1958 (48 U.S.C. note prec. 21), and under the Alaska

23 Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

24 (2) Such lands are reserved for use by the Secretary

25 of the Army for—
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1 (A) military maneuvering;

2 (B) training for artillery firing, aerial gunnery,

3 and infantry tactics; and

4 (C) subject to the requirements of section

5 2904(f), other defense-related purposes consistent

6 with the purposes specified in this paragraph.

7 (3) The lands referred to in paragraph (1) are the

8 lands comprising approximately 247,951.67 acres of land

9 in the Fourth Judicial District, Alaska, as generally de10 picted on the map entitled ‘‘Fort Wainwright Maneuver

11 Area Withdrawal—Proposed’’, dated January 1985, and

12 withdrawn by the provisions of section 1(f) of the Military

13 Lands Withdrawal Act of 1986. Such lands do not include

14 any portion of the lands so withdrawn that were relin15 quished to the Secretary of the Interior under the provi16 sions of that Act.

17 SEC. 2903. MAPS AND LEGAL DESCRIPTIONS.

18 (a) PUBLICATION AND FILING REQUIREMENT.—As

19 soon as practicable after the date of the enactment of this

20 Act, the Secretary of the Interior shall—

21 (1) publish in the Federal Register a notice

22 containing the legal description of the lands with23 drawn by this title; and

24 (2) file maps and the legal description of the

25 lands withdrawn by this title with the Committee on
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1 Energy and Natural Resources of the Senate and

2 the Committee on Resources of the House of Rep3 resentatives.

4 (b) TECHNICAL CORRECTIONS.—Such maps and

5 legal descriptions shall have the same force and effect as

6 if they were included in this title except that the Secretary

7 of the Interior may correct clerical and typographical er8 rors in such maps and legal descriptions.

9 (c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies

10 of such maps and legal descriptions shall be available for

11 public inspection in the following offices:

12 (1) The Office of the Secretary of Defense.

13 (2) The offices of the Director and appropriate

14 State Directors of the Bureau of Land Management.

15 (3) The offices of the Director and appropriate

16 Regional Directors of the United States Fish and

17 Wildlife Service.

18 (4) The office of the commander, Luke Air

19 Force Base.

20 (5) The office of the commander, McGregor

21 Range.

22 (6) The office of the installation commander,

23 Fort Richardson, Alaska.

24 (7) The office of the commander, Marine Corps

25 Air Station, Yuma, Arizona.
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1 (d) REIMBURSEMENT.—The Secretary of Defense

2 shall reimburse the Secretary of the Interior for any costs

3 incurred by the Secretary of the Interior in carrying out

4 this section.

5 SEC. 2904. MANAGEMENT OF WITHDRAWN LANDS.

6 (a) MANAGEMENT BY SECRETARY OF THE INTE7 RIOR.—(1)(A) The Secretary of the Interior shall manage

8 the lands withdrawn by this title (except those lands with9 in a unit of the National Wildlife Refuge System) pursu10 ant to the Federal Land Policy and Management Act of

11 1976 (43 U.S.C. 1701 et seq.) and other applicable law,

12 including the Recreation Use of Wildlife Areas Act of

13 1962 (16 U.S.C. 460k et seq.) and this title. The Sec14 retary shall manage such lands through the Bureau of

15 Land Management.

16 (B)(i) Lands within the Cabeza Prieta National Wild17 life Refuge shall be managed pursuant to the National

18 Wildlife Refuge System Administration Act of 1966 (16

19 U.S.C. 668dd et seq.) and other applicable laws, including

20 this title.

21 (ii) No provision of this title, except this section and

22 sections 2902, 2905, 2912, and 2913, shall apply to the

23 management of the Cabeza Prieta National Wildlife Ref24 uge.
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1 (2) To the extent consistent with applicable law and

2 Executive orders, the lands withdrawn by this title may

3 be managed in a manner permitting—

4 (A) the continuation of grazing pursuant to ap5 plicable law and Executive orders where permitted

6 on the date of the enactment of this Act;

7 (B) protection of wildlife and wildlife habitat;

8 (C) control of predatory and other animals;

9 (D) recreation; and

10 (E) the prevention and appropriate suppression

11 of brush and range fires resulting from nonmilitary

12 activities.

13 (3)(A) All nonmilitary use of the lands withdrawn by

14 this title, other than the uses described in paragraph (2),

15 shall be subject to such conditions and restrictions as may

16 be necessary to permit the military use of such lands for

17 the purposes specified in or authorized pursuant to this

18 title.

19 (B) The Secretary of the Interior may issue any

20 lease, easement, right-of-way, or other authorization with

21 respect to the nonmilitary use of such lands only with the

22 concurrence of the Secretary of the military department

23 concerned.

24 (b) CLOSURE TO PUBLIC.—(1) If the Secretary of the

25 military department concerned determines that military
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1 operations, public safety, or national security require the

2 closure to public use of any road, trail, or other portion

3 of the lands withdrawn by this title, that Secretary may

4 take such action as that Secretary determines necessary

5 to effect and maintain such closure.

6 (2) Any such closure shall be limited to the minimum

7 areas and periods which the Secretary of the military de8 partment concerned determines are required to carry out

9 this subsection.

10 (3) During any closure under this subsection, the

11 Secretary of the military department concerned shall—

12 (A) keep appropriate warning notices posted;

13 and

14 (B) take appropriate steps to notify the public

15 concerning such closures.

16 (c) MANAGEMENT PLAN.—(1)(A) The Secretary of

17 the Interior (after consultation with the Secretary of the

18 military department concerned) shall develop a plan for

19 the management of each area withdrawn by this title.

20 (2) Each plan shall—

21 (A) be consistent with applicable law;

22 (B) be subject to conditions and restrictions

23 specified in subsection (a)(3); and
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1 (C) include such provisions as may be necessary

2 for proper management and protection of the re3 sources and values of such areas.

4 (3) The Secretary of the Interior shall develop each

5 plan required by this subsection not later than three years

6 after the date of the enactment of this Act. In developing

7 a plan for an area, the Secretary may utilize or modify

8 appropriate provisions of the management plan developed

9 for the area under section 3(c) of the Military Lands

10 Withdrawal Act of 1986.

11 (d) BRUSH AND RANGE FIRES.—(1) The Secretary

12 of the military department concerned shall take necessary

13 precautions to prevent and suppress brush and range fires

14 occurring within and outside the lands withdrawn by this

15 title as a result of military activities and may seek assist16 ance from the Bureau of Land Management in the sup17 pression of such fires.

18 (2) Each memorandum of understanding required by

19 subsection (e) shall provide for Bureau of Land Manage20 ment assistance in the suppression of fires referred to in

21 paragraph (1) in the area covered by the memorandum

22 of understanding, and for a transfer of funds from the

23 military department concerned to the Bureau of Land

24 Management as compensation for such assistance.
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1 (e) MEMORANDUM OF UNDERSTANDING.—(1) The

2 Secretary of the Interior and the Secretary of the military

3 department concerned shall (with respect to each area

4 withdrawn by section 2902) enter into a memorandum of

5 understanding to implement the management plan devel6 oped under subsection (c).

7 (2) Each memorandum of understanding shall pro8 vide that the Director of the Bureau of Land Management

9 shall provide assistance in the suppression of fires result10 ing from the military use of lands withdrawn by this title

11 if requested by the Secretary of the military department

12 concerned.

13 (f) ADDITIONAL MILITARY USES.—(1) The lands

14 withdrawn by this title may be used for defense-related

15 uses other than those specified in the applicable provision

16 of section 2902. The use of such lands for such purposes

17 shall be governed by all laws applicable to such lands, in18 cluding this title.

19 (2)(A) The Secretary of Defense shall promptly no20 tify the Secretary of the Interior in the event that the

21 lands withdrawn by this title will be used for defense-re22 lated purposes other than those specified in section 2902.

23 (B) Such notification shall indicate the additional use

24 or uses involved, the proposed duration of such uses, and

25 the extent to which such additional military uses of the
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1 lands will require that additional or more stringent condi2 tions or restrictions be imposed on otherwise-permitted

3 nonmilitary uses of the land or portions thereof.

4 (3) Subject to valid existing rights, the Secretary of

5 the military department concerned may utilize sand, grav6 el, or similar mineral or material resources on the lands

7 withdrawn by this title when the use of such resources

8 is required to meet the construction needs of the military

9 department concerned on the lands withdrawn by this

10 title.

11 (g) ADDITIONAL MANAGEMENT REQUIREMENTS.—

12 (1) Except as otherwise provided in this title, the lands

13 withdrawn by this title shall be managed in a manner

14 that—

15 (A) complies with current resource management

16 standards; and

17 (B) maintains a level of effort similar to that

18 in effect on the date of the enactment of this Act.

19 (2) Not later than six months after the date of the

20 enactment of this Act, the Secretary of the Interior shall

21 submit to Congress and to the Secretary of Defense a re22 port on the management of lands withdrawn by this title.

23 The report shall include any recommendations for addi24 tional actions to preserve and protect the natural re25 sources of such lands, and any additional recommenda-
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1 tions, that the Secretary of the Interior considers appro2 priate.

3 SEC. 2905. SPECIAL WILDLIFE RULES ON BARRY M. GOLD4 WATER RANGE.

5 (a) APPLICABILITY OF LAW.—Neither the with6 drawal by section 2902(a) nor any other provision of this

7 title shall be construed to amend any law, Executive order,

8 or public land order in effect on the date of the enactment

9 of this Act with respect to the Cabeza Prieta National

10 Wildlife Refuge.

11 (b) APPLICABILITY OF MEMORANDA OF UNDER12 STANDING.—Neither the withdrawal by section 2902(a)

13 nor any other provision of this title shall be construed to

14 amend any memorandum of understanding between the

15 Secretary of the Interior and the Secretary of the Air

16 Force regarding the administration and joint use of a por17 tion of the Cabeza Prieta National Wildlife Refuge.

18 (c) MODIFICATION OF MEMORANDA OF UNDER19 STANDING.—No modification of a provision of the memo20 randum of understanding between the Secretary of the In21 terior and the Secretary of the Air Force regarding Air

22 Force operations on the Cabeza Prieta National Wildlife

23 Refuge in effect on November 21, 1994, shall take effect

24 until 90 days after the date on which the Secretary of

25 the Interior submits to the Committees on Armed Serv-
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1 ices, Energy and Natural Resources, and Environment

2 and Public Works of the Senate and the Committees on

3 Armed Services and Resources of the House of Represent4 atives a report on the proposed modification.

5 SEC. 2906. ESTABLISHMENT OF NATIONAL PARK IN BARRY

6 M. GOLDWATER RANGE.

7 (a) STUDY.—The Secretary of Defense and the Sec8 retary of the Interior shall jointly conduct a comprehensive

9 study of the feasibility and advisability of establishing a

10 national park from all or portions of the lands withdrawn

11 by section 2902(a).

12 (b) REPORT.—Not later than 2 years after the date

13 of the enactment of this Act, the Secretary of Defense and

14 the Secretary of the Interior shall jointly submit to Con15 gress a report on the study conducted under subsection

16 (a). The report shall include the recommendations of the

17 Secretaries as to the feasibility and advisability of estab18 lishing a national park from all or portions of the lands

19 specified in that subsection.

20 SEC. 2907. LAND MANAGEMENT ANALYSIS.

21 (a) PERIODIC ANALYSIS REQUIRED.—Not later than

22 10 years after the date of the enactment of this Act, and

23 every 10 years thereafter, the Secretary of the military

24 department concerned shall, in consultation with the Sec25 retary of the Interior, conduct an analysis of the degree
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1 to which the management of the lands withdrawn by this

2 title conforms to the requirements of laws applicable to

3 the management of such lands, including this title.

4 (b) DEADLINE.—Each analysis under this section

5 shall be completed not later than 270 days after the com6 mencement of such analysis.

7 (c) LIMITATION ON COST.—The cost of each analysis

8 under this section may not exceed $900,000 in constant

9 1999 dollars.

10 (d) REPORT.—Not later than 90 days after the date

11 of the completion of an analysis under this section, the

12 Secretary of the military department concerned shall sub13 mit to Congress a report on the analysis. The report shall

14 set forth the results of the analysis and include any other

15 matters relating to the management of the lands with16 drawn by this title that such Secretary considers appro17 priate.

18 SEC. 2908. ONGOING ENVIRONMENTAL RESTORATION.

19 (a) REQUIREMENT.—To the extent provided in ad20 vance in appropriations Acts, the Secretary of the military

21 department concerned shall carry out a program to pro22 vide for the environmental restoration of the lands with23 drawn by this title in order to ensure a level of environ24 mental decontamination of such lands equivalent to the
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1 level of environmental decontamination that exists on such

2 lands as of the date of the enactment of this Act.

3 (b) REPORTS.—(1) At the same time the President

4 submits to Congress the budget for any fiscal year after

5 fiscal year 2000, the Secretary of the military department

6 concerned shall submit to the committees referred to in

7 paragraph (2) a report on environmental restoration ac8 tivities relating to the lands withdrawn by this title. The

9 report shall satisfy the requirements of section 2706(a)

10 of title 10, United States Code, with respect to the activi11 ties on such lands.

12 (2) The committees referred to in paragraph (1) are

13 the Committees on Appropriations, Armed Services, and

14 Energy and Natural Resources of the Senate and the

15 Committees on Appropriations, Armed Services, and Re16 sources of the House of Representatives.

17 SEC. 2909. RELINQUISHMENT.

18 (a) AUTHORITY.—The Secretary of the military de19 partment concerned may relinquish all or any of the lands

20 withdrawn by this title to the Secretary of the Interior.

21 (b) NOTICE.—If the Secretary of the military depart22 ment concerned determines to relinquish any lands with23 drawn by this title under subsection (a), that Secretary

24 shall transmit to the Secretary of the Interior a notice of

25 intent to relinquish such lands.
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1 (c) DETERMINATION OF CONTAMINATION.—(1) Be2 fore transmitting a notice of intent to relinquish any lands

3 under subsection (b), the Secretary of Defense, acting

4 through the military department concerned, shall deter5 mine whether and to what extent such lands are contami6 nated with explosive, toxic, or other hazardous materials.

7 (2) A copy of a determination with respect to any

8 lands under paragraph (1) shall be transmitted to the Sec9 retary of the Interior together with the notice of intent

10 to relinquish such lands under subsection (b).

11 (3) Copies of both the notice of intent to relinquish

12 lands under subsection (b) and the determination regard13 ing the contamination of such lands under this subsection

14 shall be published in the Federal Register by the Secretary

15 of the Interior.

16 (d) DECONTAMINATION.—(1) If any land subject to

17 a notice of intent to relinquish under subsection (a) is con18 taminated, and the Secretary of the Interior, in consulta19 tion with the Secretary of the military department con20 cerned, makes the determination described in paragraph

21 (2), the Secretary of the military department concerned

22 shall, to the extent provided in advance in appropriations

23 Acts, undertake the environmental decontamination of the

24 land.
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1 (2) A determination referred to in this paragraph is

2 a determination that—

3 (A) decontamination of the land concerned is

4 practicable and economically feasible (taking into

5 consideration the potential future use and value of

6 the land); and

7 (B) upon decontamination, the land could be

8 opened to operation of some or all of the public land

9 laws, including the mining laws.

10 (e) ALTERNATIVES.—(1) If a circumstance described

11 in paragraph (2) arises with respect to any land which

12 is covered by a notice of intent to relinquish under sub13 section (a), the Secretary of the Interior shall not be re14 quired to accept the land under this section.

15 (2) A circumstance referred to in this paragraph is—

16 (A) a determination by the Secretary of the In17 terior, in consultation with the Secretary of the mili18 tary department concerned that—

19 (i) decontamination of the land is not prac20 ticable or economically feasible; or

21 (ii) the land cannot be decontaminated to

22 a sufficient extent to permit its opening to the

23 operation of some or all of the public land laws;

24 or
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1 (B) the appropriation by Congress of amounts

2 that are insufficient to provide for the decontamina3 tion of the land.

4 (f) STATUS OF CONTAMINATED LANDS.—If, because

5 of their contaminated state, the Secretary of the Interior

6 declines to accept jurisdiction over lands withdrawn by

7 this title which have been proposed for relinquishment

8 under subsection (a)—

9 (1) the Secretary of the military department

10 concerned shall take appropriate steps to warn the

11 public of the contaminated state of such lands and

12 any risks associated with entry onto such lands; and

13 (2) the Secretary of the military department

14 concerned shall report to the Secretary of the Inte15 rior and to Congress concerning the status of such

16 lands and all actions taken in furtherance of this

17 subsection.

18 (g) REVOCATION OF AUTHORITY.—(1) Notwith19 standing any other provision of law, the Secretary of the

20 Interior may, upon deciding that it is in the public interest

21 to accept jurisdiction over lands proposed for relinquish22 ment pursuant to subsection (a), revoke the withdrawal

23 established by this title as it applies to such lands.
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1 (2) Should the decision be made to revoke the with2 drawal, the Secretary of the Interior shall publish in the

3 Federal Register an appropriate order which shall—

4 (A) terminate the withdrawal;

5 (B) constitute official acceptance of full juris6 diction over the lands by the Secretary of the Inte7 rior; and

8 (C) state the date upon which the lands will be

9 opened to the operation of some or all of the public

10 lands laws, including the mining laws.

11 (h) TREATMENT OF CERTAIN RELINQUISHED

12 LANDS.—Any lands withdrawn by section 2902(c) or

13 2902(d) that are relinquished under this section shall be

14 public lands under the jurisdiction of the Bureau of Land

15 Management and shall be considered vacant, unreserved,

16 and unappropriated for purposes of the public land laws.

17 SEC. 2910. DELEGABILITY.

18 (a) DEFENSE.—The functions of the Secretary of De19 fense or of the Secretary of a military department under

20 this title may be delegated.

21 (b) INTERIOR.—The functions of the Secretary of the

22 Interior under this title may be delegated, except that an

23 order described in section 2909(g) may be approved and

24 signed only by the Secretary of the Interior, the Under
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1 Secretary of the Interior, or an Assistant Secretary of the

2 Interior.

3 SEC. 2911. WATER RIGHTS.

4 Nothing in this title shall be construed to establish

5 a reservation to the United States with respect to any

6 water or water right on the lands described in section

7 2902. No provision of this title shall be construed as au8 thorizing the appropriation of water on lands described in

9 section 2902 by the United States after the date of the

10 enactment of this Act except in accordance with the law

11 of the relevant State in which lands described in section

12 2902 are located. This section shall not be construed to

13 affect water rights acquired by the United States before

14 the date of the enactment of this Act.

15 SEC. 2912. HUNTING, FISHING, AND TRAPPING.

16 All hunting, fishing, and trapping on the lands with17 drawn by this title shall be conducted in accordance with

18 the provisions of section 2671 of title 10, United States

19 Code, except that hunting, fishing, and trapping within

20 the Cabeza Prieta National Wildlife Refuge shall be con21 ducted in accordance with the National Wildlife Refuge

22 System Administration Act of 1966 (16 U.S.C. 668dd et

23 seq.), the Recreation Use of Wildlife Areas Act of 1962

24 (16 U.S.C. 460k et seq.), and other laws applicable to the

25 National Wildlife Refuge System.
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1 SEC. 2913. MINING AND MINERAL LEASING.

2 (a) DETERMINATION OF LANDS SUITABLE FOR

3 OPENING.—(1) As soon as practicable after the date of

4 the enactment of this Act and at least every five years

5 thereafter, the Secretary of the Interior shall determine,

6 with the concurrence of the Secretary of the military de7 partment concerned, which public and acquired lands (ex8 cept as provided in this subsection) described in sub9 sections (b), (c), and (d) of section 2902 the Secretary

10 of the Interior considers suitable for opening to the oper11 ation of the Mining Law of 1872, the Mineral Lands Leas12 ing Act of 1920, the Mineral Leasing Act for Acquired

13 Lands of 1947, the Geothermal Steam Act of 1970, or

14 any one or more of such Acts.

15 (2) The Secretary of the Interior shall publish a no16 tice in the Federal Register listing the lands determined

17 suitable for opening pursuant to this section and speci18 fying the opening date, except that lands contained within

19 the Cabeza Prieta National Wildlife Refuge in Arizona

20 shall not be determined to be suitable for opening pursu21 ant to this section.

22 (b) OPENING LANDS.—On the day specified by the

23 Secretary of the Interior in a notice published in the Fed24 eral Register pursuant to subsection (a), the land identi25 fied under subsection (a) as suitable for opening to the

26 operation of one or more of the laws specified in sub-
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1 section (a) shall automatically be open to the operation

2 of such laws without the necessity for further action by

3 the Secretary or Congress.

4 (c) EXCEPTION FOR COMMON VARIETIES.—No de5 posit of minerals or materials of the types identified by

6 section 3 of the Act of July 23, 1955 (69 Stat. 367),

7 whether or not included in the term ‘‘common varieties’’

8 in that Act, shall be subject to location under the Mining

9 Law of 1872 on lands described in section 2902.

10 (d) REGULATIONS.—(1) The Secretary of the Inte11 rior, with the advice and concurrence of the Secretary of

12 the military department concerned, shall prescribe such

13 regulations to implement this section as may be necessary

14 to assure safe, uninterrupted, and unimpeded use of the

15 lands described in section 2902 for military purposes.

16 (2) Such regulations shall contain guidelines to assist

17 mining claimants in determining how much, if any, of the

18 surface of any lands opened pursuant to this section may

19 be used for purposes incident to mining.

20 (e) CLOSURE OF MINING LANDS.—In the event of

21 a national emergency or for purposes of national defense

22 or security, the Secretary of the Interior, at the request

23 of the Secretary of the military department concerned,

24 shall close any lands that have been opened to mining or

25 to mineral or geothermal leasing pursuant to this section.
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1 (f) LAWS GOVERNING MINING ON WITHDRAWN

2 LANDS.—(1) Except as otherwise provided in this title,

3 mining claims located pursuant to this title shall be sub4 ject to the provisions of the mining laws. In the event of

5 a conflict between those laws and this title, this title shall

6 prevail.

7 (2) All mining claims located under the terms of this

8 title shall be subject to the provisions of the Federal Land

9 Policy and Management Act of 1976 (43 U.S.C. 1701 et

10 seq.).

11 (g) PATENTS.—(1) Patents issued pursuant to this

12 title for locatable minerals shall convey title to locatable

13 minerals only, together with the right to use so much of

14 the surface as may be necessary for purposes incident to

15 mining under the guidelines for such use established by

16 the Secretary of the Interior by regulation.

17 (2) All such patents shall contain a reservation to the

18 United States of the surface of all lands patented and of

19 all nonlocatable minerals on those lands.

20 (3) For the purposes of this subsection, all minerals

21 subject to location under the Mining Law of 1872 shall

22 be treated as locatable minerals.

23 SEC. 2914. IMMUNITY OF UNITED STATES.

24 The United States and all departments or agencies

25 thereof shall be held harmless and shall not be liable for
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1 any injuries or damages to persons or property suffered

2 in the course of any mining or mineral or geothermal leas3 ing activity conducted on lands described in section 2902.