II 

Calendar No. 428 

109TH CONGRESS 

2D SESSION S. 2768 

To authorize appropriations for fiscal year 2007 for military construction, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2006 

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 2007 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 2007’’. 

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. 


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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. Modification of authority to carry out certain fiscal year 2006 

projects. 

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. 

Sec. 2305. Modification of authority to carry out certain fiscal year 2006 

project. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Family housing. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

Sec. 2405. Modification of authority to carry out certain fiscal year 2006 

projects. 

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 2004 projects. 

Sec. 2703. Extension of authorizations of certain fiscal year 2003 projects. 

Sec. 2704. Effective date. 

TITLE XXVIII—GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 


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Sec. 2801. Three-year extension of temporary, limited authority to use operation and maintenance funds for construction projects outside 

the United States. 

Sec. 2802. Authority to carry out military construction projects in connection 

with industrial facility investment program. 

Sec. 2803. Modification of notification requirements related to cost variation 

authority. 

Sec. 2804. Consideration of local comparability of floor areas in construction, 

acquisition, and improvement of military unaccompanied housing. 

Sec. 2805. Increase in thresholds for unspecified minor military construction 

projects. 

Sec. 2806. Inclusion of military transportation and support systems in energy 

savings program. 

Sec. 2807. Repeal of authority to convey property at closed or realigned military installations to support military construction. 

Sec. 2808. Repeal of requirement to determine availability of suitable alternative housing for acquisition in lieu of construction of new 

family housing. 

Sec. 2809. Updating foreign currency fluctuation adjustment for certain military family housing leases in Korea. 

Sec. 2810. Pilot projects for acquisition or construction of military unaccompanied housing. 

Sec. 2811. Certification required for certain military construction projects. 

Sec. 2812. Modification of land acquisition authority, Perquimans County, 

North Carolina. 

Sec. 2813. Naming of research laboratory at Air Force Rome Research Site, 

Rome, New York, in honor of Sherwood L. Boehlert, a member of the House of Representatives. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Consolidation of easement provisions. 

Sec. 2822. Authority to grant restrictive easements for conservation and environmental restoration purposes. 

Sec. 2823. Consolidation of provisions relating to transfers of real property 

within the Department of Defense and to other Federal agencies. 

Sec. 2824. Authority to use excess property as exchange under agreements to 

limit encroachments on military training, testing, and operations. 

Sec. 2825. Modification of utility system authority and related reporting requirements. 

Sec. 2826. Increase in authorized maximum lease term for certain structures 

and real property relating to structures in foreign countries. 

Sec. 2827. Modification of land transfer authority, Potomac Annex, District of 

Columbia. 

Subtitle C—Base Closure and Realignment 

Sec. 2831. Defense economic adjustment program: research and technical assistance. 

Sec. 2832. Extension of eligibility for community planning assistance related to 

certain military facilities not under Department of Defense jurisdiction. 


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Sec. 2833. Modification of deposit requirements in connection with lease proceeds received at military installations approved for closure or 

realignment after January 1, 2005. 

Subtitle D—Land Conveyances 

Sec. 2841. Land conveyance, Radford Army Ammunition Plant, Virginia. 

Sec. 2842. Modifications to land conveyance authority, Engineering Proving 

Ground, Fort Belvoir, Virginia. 

Sec. 2843. Land conveyances, Omaha, Nebraska. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code. 

5 TITLE XXI—ARMY 

6 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

7 ACQUISITION PROJECTS. 

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

9 appropriated pursuant to the authorization of appropria10 tions in section 2104(a)(1), the Secretary of the Army 

11 may acquire real property and carry out military construc12 tion projects for the installations or locations inside the 

13 United States, and in the amounts, set forth in the fol14 lowing table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama .............................. Redstone Arsenal ......................... $20,000,000 

Alaska ................................. Fort Richardson ........................... $72,300,000 

Fort Wainwright .......................... $8,800,000 

California ............................ Fort Irwin .................................... $10,000,000 

Colorado .............................. Fort Carson ................................. $24,000,000 

Georgia ................................ Fort Gillem .................................. $15,000,000 

Fort Stewart/Hunter Army Air 

Field.

$95,300,000 

Hawaii ................................. Schofield Barracks ....................... $54,500,000 

Kansas ................................ Fort Leavenworth ........................ $15,000,000 

Fort Riley ..................................... $47,400,000 

Kentucky ............................. Blue Grass Army Depot .............. $3,500,000 

Fort Campbell .............................. $127,200,000 

Louisiana ............................ Fort Polk ..................................... $9,800,000 


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Army: Inside the United States—Continued 

State Installation or Location Amount 

Maryland ............................. Aberdeen Proving Ground ........... $8,800,000 

Michigan .............................. Detroit Arsenal ............................ $18,500,000 

Missouri .............................. Fort Leonard Wood ..................... $23,900,000 

New York ............................ Fort Drum ................................... $209,200,000 

North Carolina .................... Fort Bragg ................................... $96,900,000 

Sunny Point (Military Ocean Terminal).$46,000,000 

Oklahoma ............................ McAlester Army Ammunition 

Plant.

$3,050,000 

Pennsylvania ....................... Letterkenny Depot ....................... $7,500,000 

Texas ................................... Fort Hood .................................... $75,000,000 

Red River Depot .......................... $6,000,000 

Utah .................................... Dugway Proving Ground ............. $14,400,000 

Virginia ............................... Fort Belvoir ................................. $58,000,000 

Washington ......................... Fort Lewis ................................... $502,600,000 

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 installations or locations outside the 

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

Army: Outside the United States 

Country Installation or Location Amount 

Germany ............................... Grafenwoehr .................................... $157,632,000 

Vilseck ............................................. $19,000,000 

Italy ...................................... Vicenza ............................................ $223,000,000 

Japan ................................... Camp Hansen ................................. $7,150,000 

Korea .................................... Camp Humphreys ........................... $77,000,000 

Yongpyong ...................................... $7,400,000 

Romania ............................... Babadag Range ............................... $34,800,000 

8 SEC. 2102. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2104(a)(5)(A), the Secretary of the 

12 Army may construct or acquire family housing units (inVerDate Aug 31 2005 04:36 May 10, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2768.PCS S2768

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1 cluding land acquisition and supporting facilities) at the 

2 installations or locations, for the purposes, and in the 

3 amounts set forth in the following table: 

Army: Family Housing 

State Installation or Location Purpose Amount 

Alaska ........................... Fort Richardson ................ 162 Units .... $70,000,000 

Fort Wainwright ............... 234 Units .... $132,000,000 

Arizona ......................... Fort Huachuca .................. 119 Units .... $32,000,000 

Arkansas ....................... Pine Bluff Arsenal ............ 10 Units ...... $2,900,000 

Wisconsin ...................... Fort McCoy ....................... 13 Units ...... $4,900,000 

4 (b) PLANNING AND DESIGN.—Using amounts appro5 priated pursuant to the authorization of appropriations in 

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

7 carry out architectural and engineering services and con8 struction design activities with respect to the construction 

9 or improvement of family housing units in an amount not 

10 to exceed $16,332,000. 

11 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

12 UNITS. 

13 Subject to section 2825 of title 10, United States 

14 Code, and using amounts appropriated pursuant to the 

15 authorization of appropriations in section 2104(a)(5)(A), 

16 the Secretary of the Army may improve existing military 

17 family housing units in an amount not to exceed 

18 $336,859,000. 

19 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

21 are hereby authorized to be appropriated for fiscal years 


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1 beginning after September 30, 2006, for military con2 struction, land acquisition, and military family housing 

3 functions of the Department of the Army in the total 

4 amount of $3,452,581,000 as follows: 

5 (1) For military construction projects inside the 

6 United States authorized by section 2101(a), 

7 $1,266,650,000. 

8 (2) For military construction projects outside 

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

10 $525,982,000. 

11 (3) For unspecified minor military construction 

12 projects authorized by section 2805 of title 10, 

13 United States Code, $23,000,000. 

14 (4) For architectural and engineering services 

15 and construction design under section 2807 of title 

16 10, United States Code, $217,629,000. 

17 (5) For military family housing functions: 

18 (A) For construction and acquisition, plan19 ning and design, and improvement of military 

20 family housing and facilities, $594,991,000. 

21 (B) For support of military family housing 

22 (including the functions described in section 

23 2833 of title 10, United States Code), 

24 $676,829,000. 


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1 (6) For the construction of increment 2 of a 

2 barracks complex at Fort Drum, New York, author3 ized by section 2101(a) of the Military Construction 

4 Authorization Act for fiscal year 2006 (division B of 

5 Public Law 109–163; 119 Stat. 3485), $16,500,000. 

6 (7) For the construction of increment 2 of a 

7 barracks complex for divisional artillery at Fort 

8 Bragg, North Carolina, authorized by section 

9 2101(a) of the Military Construction Authorization 

10 Act for fiscal year 2006 (division B of Public Law 

11 109–163; 119 Stat. 3485), $37,000,000. 

12 (8) For the construction of increment 2 of a 

13 barracks complex for the 3rd Brigade at Fort 

14 Bragg, North Carolina, authorized by section 

15 2101(a) of the Military Construction Authorization 

16 Act for Fiscal Year 2006 (division B of Public Law 

17 109–163; 119 Stat. 3485), $50,000,000. 

18 (9) For the construction of increment 2 of a 

19 barracks complex for the 2nd Brigade at Fort 

20 Bragg, North Carolina, authorized by section 

21 2101(a) of the Military Construction Authorization 

22 Act for Fiscal Year 2006 (division B of Public Law 

23 109–163; 119 Stat. 3485), $31,000,000. 

24 (10) For the construction of phase 2 of the De25 fense Access Road at Fort Belvoir, Virginia, authorVerDate Aug 31 2005 04:36 May 10, 2006 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2768.PCS S2768

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1 ized by section 2101(a) of the Military Construction 

2 Authorization Act for Fiscal Year 2006 (division B 

3 of Public Law 109–163; 119 Stat. 3486), 

4 $13,000,000. 

5 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

6 PROJECTS.—Notwithstanding the cost variations author7 ized by section 2853 of title 10, United States Code, and 

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

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

10 may not exceed the sum of the following: 

11 (1) The total amount authorized to be appro12 priated under paragraphs (1) and (2) of subsection 

13 (a). 

14 (2) $306,000,000 (the balance of the amount 

15 authorized under section 2101(a) for construction of 

16 a brigade complex for Fort Lewis, Washington). 

17 (3) $40,400,000 (the balance of the amount au18 thorized under section 2101(a) of the Military Con19 struction Authorization Act for Fiscal Year 2005 

20 (division B of Public Law 108–375; 118 Stat. 2101) 

21 for construction of a barracks complex for divisional 

22 artillery for Fort Bragg, North Carolina). 


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1 TITLE XXII—NAVY 

2 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

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

5 appropriated pursuant to the authorization of appropria6 tions in section 2204(a)(1), the Secretary of the Navy may 

7 acquire real property and carry out military construction 

8 projects for the installations or locations inside the United 

9 States, and in the amounts, set forth in the following 

10 table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona .......................... Marine Corps Air Station, Yuma ........... $5,966,000 

California ...................... Marine Corps Air Station, Camp Pendleton.$6,412,000 

Marine Corps Base, Camp Pendleton .... $106,142,000 

Marine Corps Air Station, Miramar ...... $2,968,000 

Naval Air Station, North Island ............ $21,535,000 

Marine Corps Base, Twentynine Palms $8,217,000 

Connecticut ................... Naval Submarine Base, New London .... $9,580,000 

Florida .......................... Cape Canaveral ....................................... $9,900,000 

Naval Station, Pensacola ........................ $13,486,000 

Georgia .......................... Marine Corps Logistics Base, Albany .... $62,000,000 

Navy Submarine Base, Kings Bay ......... $20,282,000 

Hawaii ........................... Naval Base, Pearl Harbor ...................... $48,338,000 

Naval Shipyard, Pearl Harbor ............... $22,000,000 

Indiana .......................... Naval Support Activity, Crane ............... $6,730,000 

Maine ............................ Portsmouth Naval Shipyard ................... $9,650,000 

Maryland ....................... Naval Air Station, Patuxent River ......... $16,316,000 

Naval Support Activity, Suitland ........... $67,939,000 

Mississippi ..................... Naval Air Station, Meridian ................... $5,870,000 

Nevada .......................... Naval Air Station, Fallon ....................... $7,730,000 

North Carolina .............. Marine Corps Air Station, New River .... $27,300,000 

Marine Corps Base, Camp Lejeune ....... $160,904,000 

Rhode Island ................. Naval Station, Newport .......................... $3,410,000 

South Carolina .............. Marine Corps Air Station, Beaufort ...... $14,970,000 

Virginia ......................... Marine Corps Base, Quantico ................ $30,628,000 

Naval Special Weapons Center, Dahlgren.$9,850,000 

Naval Shipyard, Norfolk ........................ $34,952,000 

Naval Station, Norfolk ........................... $12,062,000 

Naval Support Activity, Norfolk ............ $38,962,000 

Washington ................... Naval Air Station, Whidbey Island ........ $67,303,000 

Naval Submarine Base, Bangor ............. $13,507,000 


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

2 amounts appropriated pursuant to the authorization of ap3 propriations in section 2204(a)(2), the Secretary of the 

4 Navy may acquire real property and carry out military 

5 construction projects for the installation or location out6 side the United States, and in the amounts, set forth in 

7 the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Diego Garcia ........................ Diego Garcia ................................... $37,473,000 

Italy ...................................... Naval Air Station, Sigonella ........... $13,051,000 

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2204(a)(3), the Secretary of the Navy may 

11 acquire real property and carry out military construction 

12 projects for unspecified installations or locations in the 

13 amount set forth in the following table: 

Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Various Locations .......... Helicopter Support Facility ..................... $12,185,000 

14 SEC. 2202. FAMILY HOUSING. 

15 (a) CONSTRUCTION AND ACQUISITION.—Using 

16 amounts appropriated pursuant to the authorization of ap17 propriations in section 2204(a)(6)(A), the Secretary of the 

18 Navy may construct or acquire family housing units (in19 cluding land acquisition and supporting facilities) at the 


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1 installations or locations, for the purposes, and in the 

2 amount set forth in the following table: 

Navy: Family Housing 

State Installation or Location Purpose Amount 

California ...................... Marine Corps Logistics 

Base, Barstow ............... 74 Units ...... $27,851,000 

Guam ............................ Naval Base, Guam ............ 176 Units .... $98,174,000 

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in 

5 section 2204(a)(6)(A), the Secretary of the Navy may 

6 carry out architectural and engineering services and con7 struction design activities with respect to the construction 

8 or improvement of family housing units in an amount not 

9 to exceed $2,600,000. 

10 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

11 UNITS. 

12 Subject to section 2825 of title 10, United States 

13 Code, and using amounts appropriated pursuant to the 

14 authorization of appropriations in section 2204(a)(6)(A), 

15 the Secretary of the Navy may improve existing military 

16 family housing units in an amount not to exceed 

17 $176,446,000. 

18 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

20 are hereby authorized to be appropriated for fiscal years 

21 beginning after September 30, 2006, for military con22 struction, land acquisition, and military family housing 


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1 functions of the Department of the Navy in the total 

2 amount of $2,072,435,000, as follows: 

3 (1) For military construction projects inside the 

4 United States authorized by section 2201(a), 

5 $808,750,000. 

6 (2) For military construction projects outside 

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

8 $50,524,000. 

9 (3) For military construction projects at un10 specified worldwide locations authorized by section 

11 2201(c), $12,185,000. 

12 (4) For unspecified minor military construction 

13 projects authorized by section 2805 of title 10, 

14 United States Code, $8,939,000. 

15 (5) For architectural and engineering services 

16 and construction design under section 2807 of title 

17 10, United States Code, $71,247,000. 

18 (6) For military family housing functions: 

19 (A) For construction and acquisition, plan20 ning and design, and improvement of military 

21 family housing and facilities, $305,071,000. 

22 (B) For support of military family housing 

23 (including functions described in section 2833 

24 of title 10, United States Code), $498,525,000. 


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1 (7) For the construction of increment 2 of a 

2 helicopter hangar replacement at Naval Air Station, 

3 Jacksonville, Florida, authorized by section 2201(a) 

4 of the Military Construction Authorization Act for 

5 Fiscal Year 2006 (division B of Public Law 109– 

6 163; 119 Stat. 3489), $43,250,000. 

7 (8) For the construction of increment 2 of 

8 Alpha and Bravo wharf improvements at Naval 

9 Base, Guam, Marianas Islands, authorized by sec10 tion 2201(b) of the Military Construction Authoriza11 tion Act for Fiscal Year 2006 (division B of Public 

12 Law 109–163; 119 Stat. 3490), $29,772,000. 

13 (9) For the construction of increment 2 of re14 cruit training barracks infrastructure upgrade at 

15 Recruit Training Command, Great Lakes, Illinois, 

16 authorized by section 2201(a) of the Military Con17 struction Authorization Act for Fiscal Year 2006 

18 (division B of Public Law 109–163; 119 Stat. 

19 3490), $23,589,000. 

20 (10) For the construction of increment 2 of the 

21 Wesley Brown Field House at the United States 

22 Naval Academy, Annapolis, Maryland, authorized by 

23 section 2201(a) of the Military Construction Author24 ization Act for Fiscal Year 2006 (division B of Pub25 lic Law 109–163; 119 Stat. 3490), $26,685,000. 


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1 (11) For the construction of increment 2 of 

2 wharf upgrades at Naval Station, Yokosuka, Japan, 

3 authorized by section 2201(b) of the Military Con4 struction Authorization Act for Fiscal Year 2006 

5 (division B of Public Law 109–163; 119 Stat. 

6 3490), $44,360,000. 

7 (12) For the construction of increment 2 of the 

8 ship repair pier 3 replacement at Naval Station, 

9 Norfolk, Virginia, authorized by section 2201(a) of 

10 the Military Construction Authorization Act for Fis11 cal Year 2006 (division B of Public Law 109–163; 

12 119 Stat. 3490), $30,939,000. 

13 (13) For the construction of increment 2 of the 

14 Bachelor Enlisted Quarters Homeport Ashore Pro15 gram at Naval Station, Everett, Washington, au16 thorized by section 2201(a) of the Military Construc17 tion Authorization Act for Fiscal Year 2006 (divi18 sion B of Public Law 109–163; 119 Stat.3490), 

19 $20,917,000. 

20 (14) For the construction of phase 2 of the rec21 lamation and conveyance project at Marine Corps 

22 Base, Camp Pendleton, California, authorized by 

23 section 2201(a) of the Military Construction Author24 ization Act for Fiscal Year 2006 (division B of Pub25 lic Law 109–163; 119 Stat. 3489), $33,290,000. 


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1 (15) For the construction of increment 3 of the 

2 Navy Outlaying Landing Field facilities at Wash3 ington County, North Carolina, authorized for var4 ious locations, continental United States, by section 

5 2201(a) of the Military Construction Authorization 

6 Act for Fiscal Year 2004 (division B of Public Law 

7 108–136; 117 Stat. 1704), $7,926,000. 

8 (16) For the construction of increment 3 of the 

9 limited area production and storage complex at Stra10 tegic Weapons Facility Pacific, Bangor, Washington, 

11 authorized by section 2201(a) of the Military Con12 struction Authorization Act for Fiscal Year 2005 

13 (division B of Public Law 108–375; 118 Stat. 

14 2106), $14,274,000. 

15 (17) For the construction of increment 4 of pier 

16 11 replacement at Naval Station, Norfolk, Virginia, 

17 authorized by section 2201(a) of the Military Con18 struction Authorization Act for Fiscal Year 2004 

19 (division B of Public Law 108–136; 117 Stat. 

20 1704), $30,633,000. 

21 (18) For the construction of increment 2 of an 

22 addition to Hockmuth Hall at Marine Corps Base, 

23 Quantico, Virginia, authorized by section 2201(a) of 

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1 cal Year 2006 (division B of Public Law 109–163; 

2 119 Stat. 3490), $11,559,000. 

3 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and 

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

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

8 may not exceed the sum of the following: 

9 (1) The total amount authorized to be appro10 priated under paragraphs (1), (2), and (3) of sub11 section (a). 

12 (2) $39,874,000 (the balance of the amount au13 thorized under section 2201(a) of the Military Con14 struction Authorization Act for Fiscal Year 2004 

15 (division B of Public Law 108–136; 117 Stat. 1704) 

16 for various locations, continental United States). 

17 (3) $33,951,000 (the balance of the amount au18 thorized under section 2201(a) of the Military Con19 struction Authorization Act for Fiscal Year 2005 

20 (division B of Public Law 108–375; 118 Stat. 2106) 

21 for construction of a limited area production and 

22 storage complex at Strategic Weapons Facility Pa23 cific, Bangor, Washington). 

24 (4) $22,661,000 (the balance of the amount au25 thorized under section 2201(a) of the Military ConVerDate Aug 31 2005 04:36 May 10, 2006 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2768.PCS S2768

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1 struction Authorization Act for Fiscal Year 2006 

2 (division B of Public Law 109–163; 119 Stat. 3490) 

3 for infrastructure upgrades at Recruit Training 

4 Command, Great Lakes, Illinois). 

5 (5) $24,740,000 (the balance of the amount au6 thorized under section 2201(b) of the Military Con7 struction Authorization Act for Fiscal Year 2006 

8 (division B of Public Law 109–163; 119 Stat. 3490) 

9 for wharf upgrades at Naval Station, Yokosuka, 

10 Japan. 

11 (6) $56,159,000 (the balance of the amount au12 thorized under section 2201(a) for construction of a 

13 National Maritime Intelligence Center addition at 

14 Suitland, Maryland). 

15 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

16 CERTAIN FISCAL YEAR 2006 PROJECTS. 

17 (a) MODIFICATION OF INSIDE THE UNITED STATES

18 PROJECTS.—The table in section 2201(a) of the Military 

19 Construction Authorization Act for Fiscal Year 2006 (di20 vision B of Public Law 109–163; 119 Stat. 3489) is 

21 amended— 

22 (1) in the item related to Marine Corps Base, 

23 Camp Pendleton, California, by striking 

24 ‘‘$90,437,000’’ in the amount column and inserting 

25 ‘‘$86,006,000’’; and 


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1 (2) in the item relating to Marine Corps Base, 

2 Quantico, Virginia, by striking ‘‘$18,429,000’’ in the 

3 amount column and inserting ‘‘$19,829,000’’. 

4 (b) CONFORMING AMENDMENTS.—Section 2204(b) 

5 of that Act (119 Stat. 3492) is amended— 

6 (1) in paragraph (2), by striking 

7 ‘‘$37,721,000’’ and inserting ‘‘$33,290,000’’; and 

8 (2) in paragraph (7), by striking 

9 ‘‘$10,159,000’’ and inserting ‘‘$11,559,000’’. 

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 or 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 

Alaska ................................... Eielson Air Force Base .................... $38,300,000 

Elmendorf Air Force Base ............... $68,100,000 

Arizona .................................. Davis-Monthan Air Force Base ........ $4,600,000 

California .............................. Beale Air Force Base ....................... $28,000,000 

Travis Air Force Base ...................... $85,800,000 

Colorado ................................ Buckley Air Force Base ................... $10,700,000 

Schriever Air Force Base ................. $21,000,000 

Delaware ............................... Dover Air Force Base ...................... $30,400,000 

Florida .................................. Eglin Air Force Base ....................... $19,350,000 

Hurlburt Field .................................. $32,950,000 

MacDill Air Force Base ................... $71,000,000 

Tyndall Air Force Base .................... $1,800,000 

Georgia .................................. Robins Air Force Base ..................... $52,600,000 


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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Hawaii ................................... Hickam Air Force Base ................... $28,538,000 

Illinois ................................... Scott Air Force Base ........................ $28,200,000 

Kentucky ............................... Fort Knox ......................................... $3,500,000 

Maryland ............................... Andrews Air Force Base .................. $29,000,000 

Massachusetts ....................... Hanscom Air Force Base ................. $12,400,000 

Nevada .................................. Indian Springs Air Force Auxiliary 

Field.

$49,923,000 

Nellis Air Force Base ....................... $4,800,000 

New Jersey ............................ McGuire Air Force Base .................. $15,500,000 

New Mexico ........................... Kirtland Air Force Base .................. $11,400,000 

North Dakota ........................ Minot Air Force Base ....................... $8,000,000 

Oklahoma .............................. Altus Air Force Base ....................... $9,500,000 

Tinker Air Force Base ..................... $8,100,000 

South Carolina ...................... Charleston Air Force Base ............... $10,200,000 

Shaw Air Force Base ....................... $22,200,000 

South Dakota ........................ Ellsworth Air Force Base ................. $3,000,000 

Texas ..................................... Fort Bliss ......................................... $8,500,000 

Lackland Air Force Base ................. $13,200,000 

Utah ...................................... Hill Air Force Base .......................... $63,400,000 

Virginia ................................. Langley Air Force Base ................... $57,700,000 

Wyoming ............................... Francis E. Warren Air Force Base .. $11,000,000 

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 or 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 

Germany ................................ Ramstein Air Base ........................... $53,150,000 

Guam ..................................... Andersen Air Force Base ................. $52,800,000 

Italy ....................................... Naval Air Station, Sigonella ............. $26,000,000 

Korea ..................................... Kunsan Air Base .............................. $46,700,000 

Osan Air Base .................................. $2,156,000 

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2304(a)(3), the Secretary of the Air Force 

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1 tion projects for unspecified installations or locations in 

2 the amounts, set forth in the following table: 

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Unspecified .......... Common Battlefield Airman Training Complex.$14,200,000 

Worldwide Classified ............. Classified Project .............................. $3,377,000 

Classified - Special Evaluation Program.$4,600,000 

Classified .......................................... $1,700,000 

3 SEC. 2302. FAMILY HOUSING. 

4 (a) CONSTRUCTION AND ACQUISITION.—Using 

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2304(a)(6)(A), the Secretary of the 

7 Air Force may construct or acquire family housing units 

8 (including land acquisition and supporting facilities) at the 

9 installations or locations, for the purposes, and in the 

10 amounts, set forth in the following table: 

Air Force: Family Housing 

State Installation or Location Purpose Amount 

Alaska ........................... Eielson Air Force Base ..... 129 Units .... $87,414,000 

Idaho ............................. Mountain Home Air Force 

Base ............................... 457 Units .... $107,800,000 

Missouri ........................ Whiteman Air Force Base 116 Units .... $39,270,000 

Montana ........................ Malmstrom Air Force Base 493 Units .... $140,252,000 

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

Force Base .................... 56 Units ...... $22,956,000 

North Dakota ............... Minot Air Force Base ....... 575 Units .... $171,188,000 

Texas ............................ Dyess Air Force Base ....... 199 Units .... $49,215,000 

Germany ....................... Ramstein Air Base ............ 101 Units .... $73,488,000 

Spangdahlem Air Base ...... 60 Units ...... $39,294,000 

United Kingdom ........... Royal Air Force 

Lakenheath.

74 Units ...... $35,282,000 

11 (b) PLANNING AND DESIGN.—Using amounts appro12 priated pursuant to the authorization of appropriations in 

13 section 2304(a)(6)(A), the Secretary of the Air Force may 


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1 carry out architectural and engineering services and con2 struction design activities with respect to the construction 

3 or improvement of family housing units in an amount not 

4 to exceed $13,202,000. 

5 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

6 UNITS. 

7 Subject to section 2825 of title 10, United States 

8 Code, and using amounts appropriated pursuant to the 

9 authorization of appropriations in section 2304(a)(6)(A), 

10 the Secretary of the Air Force may improve existing mili11 tary family housing units in an amount not to exceed 

12 $403,727,000. 

13 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

14 FORCE. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

16 are hereby authorized to be appropriated for fiscal years 

17 beginning after September 30, 2006, for military con18 struction, land acquisition, and military family housing 

19 functions of the Department of the Air Force in the total 

20 amount of $3,195,485,000, as follows: 

21 (1) For military construction projects inside the 

22 United States authorized by section 2301(a), 

23 $862,661,000. 


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1 (2) For military construction projects outside 

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

3 $180,806,000. 

4 (3) For military construction projects at un5 specified worldwide locations authorized by section 

6 2301(c), $23,877,000. 

7 (4) For unspecified minor military construction 

8 projects authorized by section 2805 of title 10, 

9 United States Code, $15,000,000. 

10 (5) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $90,632,000. 

13 (6) For military family housing functions: 

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

16 family housing and facilities, $1,183,138,000. 

17 (B) For support of military family housing 

18 (including the functions described in section 

19 2833 of title 10, United States Code), 

20 $755,071,000. 

21 (7) For the construction of increment 2 of the 

22 C–17 maintenance complex at Elmendorf Air Force 

23 Base, Alaska, authorized by section 2301(a) of the 

24 Military Construction Authorization Act for Fiscal 


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1 Year 2006 (division B of Public Law 109–163; 119 

2 Stat. 3494), $30,000,000. 

3 (8) For the construction of increment 2 of the 

4 main base runway at Edwards Air Force Base, Cali5 fornia, authorized by section 2301(a) of the Military 

6 Construction Authorization Act for Fiscal Year 2006 

7 (division B of Public Law 109–163; 119 Stat. 

8 3494), $31,000,000. 

9 (9) For the construction of increment 2 of the 

10 CENTCOM Joint Intelligence Center at MacDill Air 

11 Force Base, Florida, authorized by section 2301(a) 

12 of the Military Construction Authorization Act for 

13 Fiscal Year 2006 (division B of Public Law 109– 

14 163; 119 Stat. 3494), $23,300,000. 

15 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

16 PROJECTS.—Notwithstanding the cost variations author17 ized by section 2853 of title 10, United States Code, and 

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

19 of all projects carried out under section 2301 of this Act 

20 may not exceed the sum of the following: 

21 (1) The total amount authorized to be appro22 priated under paragraphs (1) (2) and (3) of sub23 section (a). 

24 (2) $35,000,000 (the balance of the amount au25 thorized under section 2301(a) of the Military ConVerDate Aug 31 2005 04:36 May 10, 2006 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2768.PCS S2768

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1 struction Authorization Act for Fiscal Year 2006 

2 (division B of Public Law 109–163; 119 Stat. 3494) 

3 for construction of a main base runway at Edwards 

4 Air Force Base, California). 

5 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT 

6 CERTAIN FISCAL YEAR 2006 PROJECT. 

7 (a) MODIFICATION OF INSIDE THE UNITED STATES

8 PROJECT.—The table in section 2301(a) of the Military 

9 Construction Authorization Act for Fiscal Year 2006 (di10 vision B of Public Law 109–163; Stat. 119 Stat. 3494) 

11 is amended in the item relating to MacDill Air Force 

12 Base, Florida, by striking ‘‘$107,200,000’’ in the amount 

13 column and inserting ‘‘$101,500,000’’. 

14 (b) CONFORMING AMENDMENT.—Section 2304(b)(4) 

15 of that Act (119 Stat. 3496) is amended by striking 

16 ‘‘$29,000,000’’ and inserting ‘‘$23,300,000’’. 

17 TITLE XXIV—DEFENSE 

18 AGENCIES 

19 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC20 TION AND LAND ACQUISITION PROJECTS. 

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

22 appropriated pursuant to the authorization of appropria23 tions in section 2404(a)(1), the Secretary of Defense may 

24 acquire real property and carry out military construction 

25 projects for the installations or locations inside the United 


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1 States, and in the amounts, set forth in the following ta2 bles: 

Defense Education Activity 

State Installation or Location Amount 

Kentucky .............. Fort Knox ......................................................... $18,108,000 

Defense Logistics Agency 

State Installation or Location Amount 

Arizona ................. Marine Corps Air Station, Yuma ...................... $8,715,000 

California .............. Beale Air Force Base ........................................ $9,000,000 

Pennsylvania ......... Defense Distribution Depot, New Cumberland $8,900,000 

Virginia ................. Fort Belvoir ....................................................... $5,500,000 

Washington ........... Naval Air Station, Whidbey Island ................... $26,000,000 

Special Operations Command 

State Installation or Location Amount 

California ..................... Marine Corps Base, Camp Pendleton ........ $24,400,000 

Colorado ...................... Fort Carson ................................................ $26,100,000 

Florida ......................... Hurlburt Field ............................................ $14,482,000 

MacDill Air Force Base ............................. $27,300,000 

Kentucky ..................... Fort Campbell ............................................ $24,500,000 

North Carolina ............ Fort Bragg ................................................. $44,868,000 

Marine Corps Base, Camp Lejune ............. $51,600,000 

Pope Air Force Base .................................. $15,276,000 

Virginia ....................... Naval Air Base, Little Creek ..................... $22,000,000 

TRICARE Management Activity 

State Installation or Location Amount 

Alaska .............. Fort Richardson ..................................................... $37,200,000 

California ......... Fort Irwin .............................................................. $6,050,000 

Florida ............. Naval Hospital, Jacksonville .................................. $16,000,000 

MacDill Air Force Base ......................................... $87,000,000 

Hawaii ............. Naval Base, Pearl Harbor ...................................... $7,700,000 

Illinois .............. Naval Hospital, Great Lakes ................................. $20,000,000 

Maryland ......... Fort Detrick ........................................................... $550,000,000 

New York ........ Fort Drum .............................................................. $9,700,000 

Texas ............... Fort Hood .............................................................. $18,000,000 

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

4 appropriated pursuant to the authorization of appropria5 tions in section 2404(a)(2), the Secretary of Defense may 

6 acquire real property and carry out military construction 

7 projects for the installations or locations outside the 


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1 United States, and in the amounts, set forth in the fol2 lowing tables: 

Defense Education Activity 

Country Installation or Location Amount 

Italy ...................... Camp Ederle ..................................................... $31,460,000 

Vicenza .............................................................. $15,750,000 

Korea .................... Osan Air Base ................................................... $4,589,000 

Spain .................... Naval Station, Rota .......................................... $23,048,000 

Defense Logistics Agency 

Country Installation or Location Amount 

Japan ................................ Okinawa ................................................ $5,000,000 

Wake Island ...................... Wake Island .......................................... $2,600,000 

Missile Defense Agency 

Country Installation or Location Amount 

Kwajalein .......................... Kwajalein Atoll ...................................... $7,592,000 

Special Operations Command 

Country Installation or Location Amount 

Qatar ................................ Al Udeid Air Base ................................. $44,500,000 

TRICARE Management Activity 

Country Installation or Location Amount 

Italy .................................. Vicenza .................................................. $52,000,000 

3 SEC. 2402. FAMILY HOUSING. 

4 (a) CONSTRUCTION AND ACQUISITION.—Using 

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2404(a)(9)(A), the Secretary of the 

7 Defense may construct or acquire family housing units 

8 (including land acquisition and supporting facilities) at the 

9 installations or locations, for the purposes, and in the 

10 amounts set forth in the following table: 


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Defense Logistics Agency: Family Housing 

State Installation or Location Purpose Amount 

Virginia ......................... Defense Supply Center, 

Richmond ....................... 25 Units ...... $7,840,000 

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2404(a)(9)(A), the Secretary of the Defense may 

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

6 or improvement of family housing units in an amount not 

7 to exceed $484,000. 

8 SEC. 2403. ENERGY CONSERVATION PROJECTS. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2404(a)(6), the Sec11 retary of Defense may carry out energy conservation 

12 projects under section 2865 of title 10, United States 

13 Code, in the amount of $60,000,000. 

14 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE15 FENSE AGENCIES. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

17 are hereby authorized to be appropriated for fiscal years 

18 beginning after September 30, 2006, for military con19 struction, land acquisition, and military family housing 

20 functions of the Department of Defense (other than the 

21 military departments) in the total amount of 

22 $7,122,602,000, as follows: 


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1 (1) For military construction projects inside the 

2 United States authorized by section 2401(a), 

3 $557,399,000. 

4 (2) For military construction projects outside 

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

6 $170,789,000. 

7 (3) For unspecified minor military construction 

8 projects under section 2805 of title 10, United 

9 States Code, $21,672,000. 

10 (4) For contingency construction projects of the 

11 Secretary of Defense under section 2804 of title 10, 

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

13 (5) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $172,150,000. 

16 (6) For energy conservation projects authorized 

17 by section 2403, $60,000,000. 

18 (7) For base closure and realignment activities 

19 as authorized by the Defense Base Closure and Re20 alignment Act of 1990 (part A of title XXIX of 

21 Public Law 101–510; 10 U.S.C. 2687 note) and 

22 funded through the Department of Defense Base 

23 Closure Account 1990 established by section 2906 of 

24 such Act, $191,220,000. 


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1 (8) For base closure and realignment activities 

2 as authorized by the Defense Base Closure and Re3 alignment Act of 1990 (part A of title XXIX of 

4 Public Law 101–510; 10 U.S.C. 2687 note) and 

5 funded through the Department of Defense Base 

6 Closure Account 2005 established by section 2906A 

7 of such Act, $5,526,894,000. 

8 (9) For military family housing functions: 

9 (A) For construction and acquisition, plan10 ning and design, and improvement of military 

11 family housing and facilities, $8,808,000. 

12 (B) For support of military family housing 

13 (including functions described in section 2833 

14 of title 10, United States Code), $48,506,000. 

15 (C) For credit to the Department of De16 fense Family Housing Improvement Fund es17 tablished by section 2883(a)(1) of title 10, 

18 United States Code, $2,500,000. 

19 (10) For the construction of increment 8 of a 

20 munitions demilitarization facility at Pueblo Chem21 ical Activity, Colorado, authorized by section 

22 2401(a) of the Military Construction Authorization 

23 Act for Fiscal Year 1997 (division B of Public Law 

24 104–201; 110 Stat. 2775), as amended by section 

25 2406 of the Military Construction Authorization Act 


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1 for Fiscal Year 2000 (division B of Public Law 106– 

2 65; 113 Stat. 839), and section 2407 of the Military 

3 Construction Authorization Act for Fiscal Year 2003 

4 (division B of Public Law 107–314; 116 Stat. 

5 2698), $41,836,000. 

6 (11) For the construction of increment 7 of a 

7 munitions demilitarization facility at Blue Grass 

8 Army Depot, Kentucky, authorized by section 

9 2401(a) of the Military Construction Authorization 

10 Act for Fiscal Year 2000 (division B of Public Law 

11 106–65; 113 Stat. 835), as amended by section 

12 2405 of the Military Construction Authorization Act 

13 of 2002 (division B of Public Law 107–107; 115 

14 Stat. 1298), and section 2405 of the Military Con15 struction Authorization Act for Fiscal Year 2003 

16 (division B of Public Law 107–314; 116 Stat. 

17 2698), $99,157,000. 

18 (12) For the construction of increment 2 of a 

19 replacement of a regional security operations center, 

20 Kunia, Hawaii, authorized by section 2401(a) of the 

21 Military Construction Authorization Act for Fiscal 

22 Year 2006 (division B of Public Law 109–163; 119 

23 Stat. 3497), as amended by section 2405(a)(2) of 

24 this Act, $47,016,000. 


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1 (13) For the construction of increment 2 of the 

2 classified material conversion facility at Fort Meade, 

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

5 2006 (division B of Public Law 109–163; 119 Stat. 

6 3497), $11,151,000. 

7 (14) For the construction of increment 2 of a 

8 replacement of a regional security operations center, 

9 Augusta, Georgia, authorized by section 2401(a) of 

10 the Military Construction Act for Fiscal Year 2006 

11 (division B of Public Law 109–163; 119 Stat. 

12 3497), as amended by section 2405(a)(1) of this 

13 Act, $107,118,000. 

14 (15) For the construction of increment 2 of 

15 construction of an operations building, Menwith Hall 

16 Station, United Kingdom, authorized by section 

17 2401(b) of the Military Construction Act for Fiscal 

18 Year 2006 (division B of Public Law 109–163; 119 

19 Stat. 3498), as amended by section 2405(b)(1) of 

20 this Act, $46,386,000. 

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 2401 of this Act 

2 may not exceed the sum of the following: 

3 (1) The total amount authorized to be appro4 priated under paragraphs (1), (2), and (3) of sub5 section (a). 

6 (2) $184,752,000 (the balance of the amount 

7 authorized under section 2401(a) of the Military 

8 Construction Authorization Act for Fiscal Year 2006 

9 (division B of Public Law 109–163; 119 Stat. 3497) 

10 for construction of a regional security operations 

11 center, Augusta, Georgia). 

12 (3) $254,508,000 (the balance of the amount 

13 authorized under section 2401(a) of the Military 

14 Construction Authorization Act for Fiscal Year 2006 

15 (division B of Public Law 109–163; 119 Stat. 3497) 

16 for construction of a regional security operations 

17 center, Kunia, Hawaii). 

18 (4) $521,000,000 (the balance of the amount 

19 authorized under section 2401(a) for construction of 

20 a replacement facility, Fort Detrick, Maryland). 

21 (5) $187,120,000 (the balance of the amount 

22 authorized under section 2401(a) of the Military 

23 Construction Authorization Act for Fiscal Year 1997 

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

25 2775), as amended by section 2406 of the Military 


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1 Construction Authorization Act for Fiscal Year 2000 

2 (division B of Public Law 106–65; 113 Stat. 839) 

3 and section 2407 of the Military Construction Au4 thorization Act for Fiscal Year 2003 (division B of 

5 Public Law 107–314; 116 Stat. 2698), for construc6 tion of a munitions demilitarization facility at Pueb7 lo Chemical Activity, Colorado). 

8 (6) $134,554,000 (the balance of the amount 

9 authorized under section 2401(a) of the Military 

10 Construction Authorization Act for Fiscal Year 2000 

11 (division B of Public Law 106–65; 113 Stat. 835), 

12 as amended by section 2405 of the Military Con13 struction Authorization Act for Fiscal Year 2002 

14 (division B of Public Law 107–107; 115 Stat. 1298) 

15 and section 2405 of the Military Construction Au16 thorization Act for Fiscal Year 2003 (division B of 

17 Public Law 107–314; 116 Stat. 2698), for construc18 tion of a munitions demilitarization facility at Blue 

19 Grass Army Depot, Kentucky). 

20 SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT 

21 CERTAIN FISCAL YEAR 2006 PROJECTS. 

22 (a) MODIFICATION OF INSIDE THE UNITED STATES

23 PROJECT.—The table relating to the National Security 

24 Agency in section 2401(a) of the Military Construction 


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1 Authorization Act for Fiscal Year 2006 (division B of 

2 Public Law 109–163; 119 Stat. 3497) is amended— 

3 (1) in the item relating to Augusta, Georgia, by 

4 striking ‘‘$61,466,000’’ in the amount column and 

5 inserting ‘‘$340,836,000’’; and 

6 (2) in the item relating to Kunia, Hawaii, by 

7 striking ‘‘$305,000,000’’ in the amount column and 

8 inserting ‘‘$350,490,000’’. 

9 (b) MODIFICATION OF OUTSIDE THE UNITED

10 STATES PROJECT.—The table relating to the National Se11 curity Agency in section 2401(b) of the Military Construc12 tion Authorization Act for Fiscal Year 2006 (division B 

13 of Public Law 109–163; 119 Stat. 3498) is amended in 

14 the item relating to Menwith Hill, United Kingdom, by 

15 striking ‘‘$86,354,000’’ in the amount column and insert16 ing ‘‘$88,083,000’’. 

17 (c) CONFORMING AMENDMENT.—Section 2403(b) of 

18 that Act (119 Stat. 3500) is amended— 

19 (1) in paragraph (2), by striking 

20 ‘‘$12,500,000’’ and inserting ‘‘$291,870,000’’; 

21 (2) in paragraph (3), by striking 

22 ‘‘$256,034,000’’ and inserting ‘‘$301,524,000’’; and 

23 (3) in paragraph (5), by striking 

24 ‘‘$44,657,000’’ and inserting ‘‘$46,386,000’’. 


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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, 2006, 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 $205,985,000. 


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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 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2006, for the 

7 costs of acquisition, architectural and engineering services, 

8 and 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), in the following 

12 amounts: 

13 (1) For the Department of the Army— 

14 (A) for the Army National Guard of the 

15 United States, $524,031,000; and 

16 (B) for the Army Reserve, $189,817,000. 

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

18 Navy and Marine Corps Reserve, $48,408,000. 

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

20 (A) for the Air National Guard of the 

21 United States, $242,143,000; and 

22 (B) for the Air Force Reserve, 

23 $44,936,000. 


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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, 2009; or 

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

18 2010. 

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, 2009; or 

2 (2) the date of the enactment of an Act author3 izing funds for fiscal year 2010 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 2004 PROJECTS. 

10 (a) EXTENSION.—Notwithstanding section 2701 of 

11 the Military Construction Authorization Act for Fiscal 

12 Year 2004 (division B of Public Law 108–136; 117 Stat. 

13 1716), authorizations set forth in the tables in subsection 

14 (b), as provided in sections 2101, 2301, 2302, 2401, and 

15 2601 of that Act, shall remain in effect until October 1, 

16 2007, or the date of the enactment of an Act authorizing 

17 funds for military construction for fiscal year 2008, which18 ever is later. 

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

20 are as follows: 

Army: Extension of 2004 Project Authorizations 

State Installation or Location Project Amount 

Alaska ........................... Fort Wainwright ......... Multi-purpose 

Training 

Range Complex .............. $47,000,000 

Hawaii .......................... Helemano Military 

Reservation .............. Land Easement $1,400,000 

Virginia ......................... Fort Belvoir ................ NGIC Land Acquisition ....... $7,000,000 


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Army: Extension of 2004 Project Authorizations—Continued 

State Installation or Location Project Amount 

Fort Lee ...................... Fire & Emergency Services Center 

(Ph 2) .......... $3,850,000 

Italy .............................. Aviano Air Base .......... Joint Deployment Facility 

(Ph 1) .......... $15,500,000 

Air Force: Extension of 2004 Project Authorizations 

State Installation or Location Project Amount 

California ...................... Travis Air Force Base Replace Family 

Housing (56 

Units) .......... $12,723,000 

Florida .......................... Eglin Air Force Base .. Replace Family 

Housing (279 

Units) .......... $32,166,000 

Hawaii .......................... Hickam Air Force 

Base ......................... Expand Strategic Airlift 

Parking 

Ramp ........... $10,102,000 

Texas ............................ Dyess Air Force Base Replace Family 

Housing (116 

Units) .......... $19,973,000 

Defense Wide: Extension of 2004 Project Authorizations 

Agency Installation or Location Project Amount 

Defense Logistics Agency.Hickam Air Force 

Base, Hawaii ........... Replace Hydrant Fuel 

System ......... $14,100,000 

Army National Guard: Extension of 2004 Authorization of 

Appropriations 

State Installation or Location Project Amount 

Indiana ......................... Gary ............................ Army Aviation 

Support Facility ............. $15,581,000 

New Mexico .................. Albuquerque ................ Readiness Center, Add/Alt 

(ADRS) ....... $2,533,000 

Pennsylvania ................. Fort Indiantown Gap .. Multi-purpose 

Training 

Range .......... $15,338,000 


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1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2003 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2003 (division B of Public Law 107–314; 116 Stat. 

6 2700), authorizations set forth in the tables in subsection 

7 (b), as provided in section 2302 of that Act, shall remain 

8 in effect until October 1, 2007, or the date of the enact9 ment of an Act authorizing funds for military construction 

10 for fiscal year 2008, whichever is later. 

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

12 are as follows: 

Air Force: Extension of 2003 Project Authorizations 

State Installation or Location Project Amount 

Florida .......................... Eglin Air Force Base .. Replace Family 

Housing (134 

Units) .......... $15,906,000 

Eglin Air Force Base .. Replace Housing Office ..... $597,000 

Texas ............................ Randolph Air Force 

Base ......................... Replace Family 

Housing 

Maintenance 

Facility ........ $447,000 

13 SEC. 2704. EFFECTIVE DATE. 

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

15 shall take effect on the later of— 

16 (1) October 1, 2006; or 

17 (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 Changes 

6 SEC. 2801. THREE-YEAR EXTENSION OF TEMPORARY, LIM7 ITED AUTHORITY TO USE OPERATION AND 

8 MAINTENANCE FUNDS FOR CONSTRUCTION 

9 PROJECTS OUTSIDE THE UNITED STATES. 

10 Section 2808 of the Military Construction Authoriza11 tion Act for Fiscal Year 2004 (division B of Public Law 

12 108–136; 117 Stat. 1723), as amended by section 2810 

13 of the Military Construction Authorization Act for Fiscal 

14 Year 2005 (division B of Public Law 108–375; 118 Stat. 

15 2128) and section 2809 of the Military Construction Au16 thorization Act for Fiscal Year 2006 (division B of Public 

17 Law 109–163; 119 Stat. 3508), is further amended— 

18 (1) in subsection (a), by striking ‘‘fiscal years 

19 2005 and 2006’’ and inserting ‘‘fiscal years 2005, 

20 2006, 2007, 2008, and 2009’’; and 

21 (2) in subsection (f)— 

22 (A) in paragraph (1), by striking ‘‘the 

23 Subcommittees on Defense and Military Con24 struction of’’ and inserting ‘‘the Subcommittees 


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1 on Defense and on Military Construction and 

2 Veterans Affairs, and Related Agencies of’’; and 

3 (B) in paragraph (2), by striking ‘‘the 

4 Subcommittees on Defense and Military Con5 struction of’’ and inserting ‘‘the Subcommittees 

6 on Defense and on Military Quality of Life and 

7 Veterans Affairs, and Related Agencies of’’. 

8 SEC. 2802. AUTHORITY TO CARRY OUT MILITARY CON9 STRUCTION PROJECTS IN CONNECTION WITH 

10 INDUSTRIAL FACILITY INVESTMENT PRO11 GRAM. 

12 (a) AUTHORITY.—Subchapter III of chapter 169 of 

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

14 end the following new section: 

15 ‘‘§ 2870. Authority to carry out military construction 

16 projects in connection with industrial fa17 cility investment program 

18 ‘‘(a) AUTHORITY.—The Secretary of Defense may 

19 carry out a military construction project, not previously 

20 authorized, for the purpose of carrying out activities under 

21 section 2474(a)(2) of this title, using funds appropriated 

22 or otherwise made available for that purpose. 

23 ‘‘(b) CREDITING OF FUNDS.—Funds appropriated or 

24 otherwise made available in a fiscal year for the purpose 

25 of carrying out a military construction project with respect 


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1 to a public depot under subsection (a) may be credited 

2 to the amount required under section 2208(s) of this title 

3 to be invested in such fiscal year in the capital budget 

4 for such public depot. 

5 ‘‘(c) NOTICE AND WAIT REQUIREMENT.—The Sec6 retary may not carry out a project under subsection (a) 

7 until 21 days after the date on which the Secretary noti8 fies the congressional defense committees of the intent to 

9 carry out such project and the savings estimated to be 

10 realized from such project or, if earlier, 14 days after the 

11 date on which a copy of the notification is provided in an 

12 electronic medium pursuant to section 480 of this title. 

13 ‘‘(d) ANNUAL REPORT.—Not later than December 31 

14 of each year, the Secretary shall submit to Congress a re15 port describing actions taken under this section and the 

16 savings realized from such actions during the fiscal year 

17 ending in the year in which the report is submitted.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such subchapter is amended by adding 

20 at the end the following new item: 

‘‘2870. Authority to carry out military construction projects in connection with 

industrial facility investment program.’’. 


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1 SEC. 2803. MODIFICATION OF NOTIFICATION REQUIRE2 MENTS RELATED TO COST VARIATION AU3 THORITY. 

4 Section 2853(c) of title 10, United States Code, is 

5 amended— 

6 (1) in paragraph (1), by striking the semicolon 

7 at the end and inserting ‘‘; and’’; 

8 (2) by amending paragraph (2) to read as fol9 lows: 

10 ‘‘(2)(A) in the case of a cost increase or a re11 duction in the scope of work— 

12 ‘‘(i) the Secretary concerned notifies the 

13 appropriate committees of Congress in writing 

14 of the cost increase or reduction in scope and 

15 the reasons therefor, including a description of 

16 the funds proposed to be used to finance any 

17 increased costs; and 

18 ‘‘(ii) a period of 21 days has elapsed after 

19 the date on which the notification is received by 

20 the committees or, if over sooner, a period of 14 

21 days has elapsed after the date on which a copy 

22 of the notification is provided in an electronic 

23 medium pursuant to section 480 of this title; or 

24 ‘‘(B) in the case of a cost decrease, the Sec25 retary concerned notifies the appropriate committees 

26 of Congress in writing not later than 14 days after 


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1 the date funds are obligated in connection with the 

2 military construction project or military family hous3 ing project.’’; and 

4 (3) by striking paragraph (3). 

5 SEC. 2804. CONSIDERATION OF LOCAL COMPARABILITY OF 

6 FLOOR AREAS IN CONSTRUCTION, ACQUISI7 TION, AND IMPROVEMENT OF MILITARY UN8 ACCOMPANIED HOUSING. 

9 (a) IN GENERAL.—Section 2856 of title 10, United 

10 States Code, is amended to read as follows: 

11 ‘‘§ 2856. Military unaccompanied housing: local com12 parability of floor areas 

13 ‘‘In the construction, acquisition, and improvement of 

14 military unaccompanied housing, the Secretary concerned 

15 shall ensure that the floor areas of such housing in a par16 ticular locality (as designated by the Secretary concerned 

17 for purposes of this section) do not exceed the floor areas 

18 of similar housing in the private sector in that locality.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 169 of such title is amended 

21 by striking the item relating to section 2856 and inserting 

22 the following: 

‘‘2856. Military unaccompanied housing: local comparability of floor areas.’’. 


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1 SEC. 2805. INCREASE IN THRESHOLDS FOR UNSPECIFIED 

2 MINOR MILITARY CONSTRUCTION PROJECTS. 

3 (a) INCREASE.—Section 2805(a)(1) of title 10, 

4 United States Code, is amended— 

5 (1) by striking ‘‘$1,500,000’’ and inserting 

6 ‘‘$2,500,000’’; and 

7 (2) by striking ‘‘$3,000,000’’ and inserting 

8 ‘‘$4,000,000’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall take effect on October 1, 2006. 

11 SEC. 2806. INCLUSION OF MILITARY TRANSPORTATION AND 

12 SUPPORT SYSTEMS IN ENERGY SAVINGS PRO13 GRAM. 

14 (a) IN GENERAL.—Section 2865 of title 10, United 

15 States Code, is amended— 

16 (1) in the section heading, by inserting ‘‘for 

17 military operations and’’ after ‘‘Energy 

18 savings’’; 

19 (2) in subsection (a)— 

20 (A) by amending paragraph (1) to read as 

21 follows: 

22 ‘‘(1) The Secretary of Defense shall designate energy 

23 performance goals for the Department of Defense for mili24 tary transportation and support systems and installations. 

25 The goals shall be consistent, where appropriate, with the 

26 Energy Policy Act of 2005 (Public Law 109–58).’’; 


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1 (B) in paragraph (2), by striking ‘‘energy 

2 conservation measures’’ and all that follows 

3 through ‘‘energy savings’’ and inserting ‘‘energy 

4 conservation measures and alternative energy 

5 initiatives to achieve maximum total life-cycle 

6 energy savings’’; 

7 (C) in paragraph (3)— 

8 (i) by striking ‘‘energy efficient main9 tenance’’ and inserting ‘‘energy efficient 

10 operations and maintenance’’; and 

11 (ii) by inserting after ‘‘10 years or 

12 less’’ the following: ‘‘, except that the Sec13 retary may provide that energy conserva14 tion measures related to equipment and 

15 systems supporting industrial processes 

16 may have a positive net present value over 

17 a period of 20 years or less’’; and 

18 (D) in paragraph (4)— 

19 (i) by striking ‘‘energy efficient main20 tenance’’ and inserting ‘‘energy efficient 

21 operations and maintenance’’; 

22 (ii) in subparagraph (A), by inserting 

23 ‘‘vehicles, military support equipment,’’ 

24 after ‘‘such as’’; and 


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1 (iii) in subparagraph (B), by striking 

2 ‘‘an operation or maintenance process, 

3 such as improved training’’ and inserting 

4 ‘‘a military operation or maintenance proc5 ess, such as the use of alternative fuels 

6 and energy sources, improved training,’’; 

7 and 

8 (3) in subsection (b)(2)(A), by striking ‘‘instal9 lations of the Department of Defense as may be des10 ignated’’ and inserting ‘‘installations of the Depart11 ment of Defense and related to such vehicles and 

12 military support equipment of the Department of 

13 Defense as may be designated’’. 

14 SEC. 2807. REPEAL OF AUTHORITY TO CONVEY PROPERTY 

15 AT CLOSED OR REALIGNED MILITARY IN16 STALLATIONS TO SUPPORT MILITARY CON17 STRUCTION. 

18 (a) REPEAL.—Section 2869 of title 10, United States 

19 Code, is repealed. 

20 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

21 (1) CONFORMING AMENDMENTS.—(A) Section 

22 2822(b) of such title is amended by striking para23 graph (6). 

24 (B) Section 2883(c) of such title is amended— 


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1 (i) in paragraph (1), by striking subpara2 graph (F); and 

3 (ii) in paragraph (2), by striking subpara4 graph (F). 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of subchapter III of chapter 

7 169 of such title is amended by striking the item re8 lating to section 2869. 

9 SEC. 2808. REPEAL OF REQUIREMENT TO DETERMINE 

10 AVAILABILITY OF SUITABLE ALTERNATIVE 

11 HOUSING FOR ACQUISITION IN LIEU OF CON12 STRUCTION OF NEW FAMILY HOUSING. 

13 (a) IN GENERAL.—Section 2823 of title 10, United 

14 States Code, is repealed. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of chapter 169 of such title is amended 

17 by striking the item relating to section 2823. 

18 SEC. 2809. UPDATING FOREIGN CURRENCY FLUCTUATION 

19 ADJUSTMENT FOR CERTAIN MILITARY FAM20 ILY HOUSING LEASES IN KOREA. 

21 Section 2828(e)(5)(A) of title 10, United States 

22 Code, is amended to read as follows: 

23 ‘‘(A) for— 

24 ‘‘(i) foreign currency fluctuations from Oc25 tober 1, 1987, in the case of maximum lease 


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1 amounts provided for under paragraphs (1), 

2 (2), and (3); or 

3 ‘‘(ii) foreign currency appreciation during 

4 the previous fiscal year, starting from the fiscal 

5 year of enactment of the lease authority under 

6 paragraph (4), in the case of the maximum 

7 lease amount provided for under such para8 graph; and’’. 

9 SEC. 2810. PILOT PROJECTS FOR ACQUISITION OR CON10 STRUCTION OF MILITARY UNACCOMPANIED 

11 HOUSING. 

12 (a) REDUCTION OF APPLICABLE NOTIFICATION PE13 RIODS.—Section 2881a of title 10, United States Code, 

14 is amended by striking ‘‘90 days’’ both places it appears 

15 and inserting ‘‘30 days’’. 

16 (b) EXTENSION OF AUTHORITY.—Subsection (f) of 

17 such section is amended by striking ‘‘2007’’ and inserting 

18 ‘‘2009’’. 

19 SEC. 2811. CERTIFICATION REQUIRED FOR CERTAIN MILI20 TARY CONSTRUCTION PROJECTS. 

21 The Department of Defense may not use amounts au22 thorized to be appropriated for a fiscal year beginning 

23 after September 30, 2006, to carry out a military con24 struction project to construct a facility designed to provide 

25 training in urban operations for personnel of the DepartVerDate Aug 31 2005 04:36 May 10, 2006 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S2768.PCS S2768

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1 ment of Defense or other Federal agencies until the Under 

2 Secretary of Defense for Personnel and Readiness, in con3 sultation with the Commander of the United States Joint 

4 Forces Command, has certified to the congressional de5 fense committees that— 

6 (1) the Secretary of Defense has approved a 

7 strategy for training and facility construction for op8 erations in urban terrain; and 

9 (2) the Under Secretary has evaluated the 

10 project and determined that the project— 

11 (A) is consistent with such strategy; and 

12 (B) incorporates the appropriate capabili13 ties for joint and interagency use in accordance 

14 with such strategy. 

15 SEC. 2812. MODIFICATION OF LAND ACQUISITION AUTHOR16 ITY, PERQUIMANS COUNTY, NORTH CARO17 LINA. 

18 Section 2846 of the Military Construction Authoriza19 tion Act for Fiscal Year 2002 (division B of Public Law 

20 107–107; 115 Stat. 1320), as amended by section 2865 

21 of the Military Construction Authorization Act for Fiscal 

22 Year 2005 (division B of Public Law 108–375; 118 Stat. 

23 2149), is further amended by striking ‘‘840 acres’’ and 

24 inserting ‘‘1,550 acres’’. 


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1 SEC. 2813. NAMING OF RESEARCH LABORATORY AT AIR 

2 FORCE ROME RESEARCH SITE, ROME, NEW 

3 YORK, IN HONOR OF SHERWOOD L. BOEH4 LERT, A MEMBER OF THE HOUSE OF REP5 RESENTATIVES. 

6 The new laboratory facility at the Air Force Rome 

7 Research Site, Rome, New York, shall be known and des8 ignated as the ‘‘Sherwood L. Boehlert Engineering Cen9 ter’’. Any reference in a law, map, regulation, document, 

10 paper, or other record of the United States to such labora11 tory facility shall be deemed to be a reference to the Sher12 wood L. Boehlert Engineering Center. 

13 Subtitle B—Real Property and 

14 Facilities Administration 

15 SEC. 2821. CONSOLIDATION OF EASEMENT PROVISIONS. 

16 (a) CONSOLIDATION OF EASEMENT PROVISIONS.— 

17 (1) TRANSFER OF EASEMENTS SECTION.—Sec18 tion 2668 of title 10, United States Code, is— 

19 (A) transferred to appear after section 

20 2671 of such title; and 

21 (B) redesignated as section 2672 of such 

22 title. 

23 (2) CONSOLIDATED AUTHORITY.—Section 

24 2672, as redesignated by paragraph (1), is amend25 ed— 

26 (A) in subsection (a)— 


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1 (i) by inserting ‘‘TYPES OF EASE2 MENTS.—’’ after ‘‘(a)’’; 

3 (ii) in the matter preceding paragraph 

4 (1), by striking ‘‘to a State, Territory, 

5 Commonwealth, or possession, or political 

6 subdivision thereof, or to a citizen, associa7 tion, partnership, or corporation of a 

8 State, Territory, Commonwealth, or pos9 session,’’; 

10 (iii) in paragraph (2), by striking ‘‘oil 

11 pipe lines’’ and inserting ‘‘gas, water, 

12 sewer, and oil pipe lines’’; and 

13 (iv) in paragraph (13), by striking ‘‘, 

14 except a purpose covered by section 2669 

15 of this title’’; 

16 (B) in subsection (b), by inserting ‘‘LIMI17 TATION ON SIZE.—’’ after ‘‘(b)’’; 

18 (C) in subsection (c), by inserting ‘‘TERMI19 NATION.—’’ after ‘‘(c)’’; 

20 (D) in subsection (d), by inserting ‘‘NO21 TICE TO DEPARTMENT OF THE INTERIOR.—’’ 

22 after ‘‘(d)’’; and 

23 (E) in subsection (e), by inserting ‘‘DIS24 POSITION OF CONSIDERATION.—’’ after ‘‘(e)’’. 


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1 (b) REPEAL OF OBSOLETE AUTHORITY.—Section 

2 2669 of such title is repealed. 

3 (c) CONFORMING AMENDMENTS.—The table of sec4 tions at the beginning of chapter 159 of such title is 

5 amended— 

6 (1) by striking the items relating to sections 

7 2668 and 2669; and 

8 (2) by inserting after the item relating to sec9 tion 2671 the following new item: 

‘‘2672. Easements for rights-of-way.’’. 

10 SEC. 2822. AUTHORITY TO GRANT RESTRICTIVE EASE11 MENTS FOR CONSERVATION AND ENVIRON12 MENTAL RESTORATION PURPOSES. 

13 (a) AUTHORITY TO GRANT RESTRICTIVE EASE14 MENTS.—Chapter 159 of title 10, United States Code, as 

15 amended by section 2821 of this Act, is further amended 

16 by inserting after section 2672 of such title the following 

17 new section: 

18 ‘‘§ 2672a. Authority to grant restrictive easements 

19 ‘‘(a) CONSERVATION EASEMENTS.—(1)(A) If the 

20 Secretary of a military department finds that it will be 

21 in the public interest, the Secretary may, subject to para22 graph (2), grant, upon such terms as the Secretary con23 siders advisable and with the consent of an entity de24 scribed in subparagraph (B), a restrictive easement to 

25 such entity over, in, and upon any real property that is 


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1 transferred by deed by that department restricting future 

2 uses of the property for a conservation purpose consistent 

3 with section 170(h)(4)(A)(iv) of the Internal Revenue 

4 Code of 1986 (26 U.S.C. 170(h)(4)(A)(iv)). 

5 ‘‘(B) An entity referred to in subparagraph (A) is— 

6 ‘‘(i) a State or local government; or 

7 ‘‘(ii) a qualified organization, as that term is 

8 defined in section 170(h) of the Internal Revenue 

9 Code of 1986 (26 U.S.C. 170(h)). 

10 ‘‘(2) An easement under paragraph (1) shall not be 

11 granted unless the Secretary of the military department 

12 concerned determines that— 

13 ‘‘(A) the conservation of the property can not 

14 be effectively achieved through the application of 

15 State law by units of State or local government 

16 without granting such easement; 

17 ‘‘(B) the jurisdiction that encompasses the 

18 property authorizes such easement; and 

19 ‘‘(C) the Secretary can give or assign to a third 

20 party the responsibility for monitoring and enforcing 

21 such easement. 

22 ‘‘(b) ENVIRONMENTAL EASEMENTS.—If the Sec23 retary of a military department finds that it will be in 

24 the public interest, the Secretary may grant, upon such 

25 terms as the Secretary considers advisable and with the 


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1 consent of a State or local government, a restrictive ease2 ment to such government over, in, and upon any real prop3 erty that is transferred by deed by that department re4 stricting future uses of the property to ensure the contin5 ued effectiveness of any environmental restoration func6 tion on the property conducted pursuant to chapter 160 

7 of this title. 

8 ‘‘(c) LIMITATIONS.—(1) No easement granted under 

9 this section may include more land than is necessary for 

10 the easement. 

11 ‘‘(2) Easements granted under this section shall be 

12 without consideration from the recipient. 

13 ‘‘(3) Nothing in this section shall alter the respon14 sibilities of any party under Federal or State environ15 mental laws.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of such chapter, as amended by section 

18 2821 of this Act, is further amended by inserting after 

19 the item relating to section 2672 the following new item: 

‘‘2672a. Authority to grant restrictive easements for conservation and environmental restoration purposes.’’. 


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1 SEC. 2823. CONSOLIDATION OF PROVISIONS RELATING TO 

2 TRANSFERS OF REAL PROPERTY WITHIN THE 

3 DEPARTMENT OF DEFENSE AND TO OTHER 

4 FEDERAL AGENCIES. 

5 (a) CONSOLIDATION AND RESTATEMENT OF AU6 THORITY ON INTERCHANGE, TRANSFER, AND SCREENING

7 OF DEPARTMENT OF DEFENSE REAL PROPERTY.—Sec8 tion 2696 of title 10, United States Code, is amended to 

9 read as follows: 

10 ‘‘§ 2696. Real property: transfer between armed 

11 forces; screening for transfer or convey12 ance 

13 ‘‘(a) TRANSFER BETWEEN ARMED FORCES.—If ei14 ther of the Secretaries concerned requests it and the other 

15 approves, real property may be transferred, without com16 pensation, from one armed force to another. 

17 ‘‘(b) SCREENING AND CONVEYANCE OF PROPERTY

18 FOR CORRECTIONAL FACILITIES PURPOSES.—(1) Except 

19 as provided in paragraph (2), before any real property or 

20 facility of the United States that is under the jurisdiction 

21 of any department, agency, or instrumentality of the De22 partment of Defense is determined to be excess to the 

23 needs of such department, agency, or instrumentality, the 

24 Secretary of Defense shall— 


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1 ‘‘(A) provide adequate notification of the avail2 ability of such real property or facility within the 

3 Department of Defense; 

4 ‘‘(B) if such real property or facility remains 

5 available after such notification, notify the Attorney 

6 General of its availability; and 

7 ‘‘(C) if the Attorney General certifies to the 

8 Secretary that a determination has been made by 

9 the Director of the Bureau of Justice Assistance 

10 within the Department of Justice to utilize such real 

11 property or facility under the correctional options 

12 program carried out under section 515 of title I of 

13 the Omnibus Crime Control and Safe Streets Act of 

14 1968 (42 U.S.C. 3762a), convey such real property 

15 or facility, without reimbursement, to a public agen16 cy referred to in paragraph (1) or (3) of subsection 

17 (a) of such section for such utilization. 

18 ‘‘(2) The provisions of this subsection shall not apply 

19 during any portion of a fiscal year after four conveyances 

20 have been made under this subsection in such fiscal year. 

21 ‘‘(c) SCREENING FOR FURTHER FEDERAL USE BE22 FORE CONVEYANCE TO NON-FEDERAL ENTITIES.—(1) 

23 The Secretary concerned may not convey real property 

24 that is authorized or required to be conveyed, whether for 

25 or without consideration, by any provision of law unless 


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1 the Administrator has screened the property for further 

2 Federal use in accordance with subtitle I of title 40 and 

3 title III of the Federal Property and Administrative Serv4 ices Act of 1949 (41 U.S.C. 251 et seq.). 

5 ‘‘(2)(A) Before the end of the 30-day period begin6 ning on the date of the enactment of a provision of law 

7 authorizing or requiring the conveyance of a parcel of real 

8 property by the Secretary concerned, the Administrator of 

9 General Services shall complete the screening referred to 

10 in paragraph (1) with regard to the real property and no11 tify the Secretary concerned and Congress of the results 

12 of the screening. The notice shall include— 

13 ‘‘(i) the name of the Federal agency requesting 

14 transfer of the property; 

15 ‘‘(ii) the proposed use to be made of the prop16 erty by the Federal agency; and 

17 ‘‘(iii) the fair market value of the property, in18 cluding any improvements thereon, as estimated by 

19 the Administrator. 

20 ‘‘(B) If the Administrator fails to complete the 

21 screening and notify the Secretary concerned and Con22 gress within such period, the Secretary concerned shall 

23 proceed with the conveyance of the real property as pro24 vided in the provision of law authorizing or requiring the 

25 conveyance. 


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1 ‘‘(3) If the Administrator submits notice under para2 graph (2)(A) that further Federal use of a parcel of real 

3 property is requested by a Federal agency, the Secretary 

4 concerned may not proceed with the conveyance of the 

5 property as provided in the provision of law authorizing 

6 or requiring the conveyance until the end of the 180-day 

7 period beginning on the date on which the notice is sub8 mitted to Congress. 

9 ‘‘(4) The screening requirements of this subsection 

10 shall not apply to real property authorized or required to 

11 be conveyed under any of the following provisions of law: 

12 ‘‘(A) A base closure law. 

13 ‘‘(B) Chapter 5 of title 40. 

14 ‘‘(C) Any specific provision of law authorizing 

15 or requiring the transfer of administrative jurisdic16 tion over a parcel or real property between Federal 

17 agencies.’’. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) CONFORMING AMENDMENTS TO AUTHORITY

20 ON INTERCHANGE OF PROPERTY AND SERVICES.— 

21 (A) Section 2571(a) of such title is amended by 

22 striking ‘‘and real property’’. 

23 (B) The heading of such section is amended to 

24 read as follows: 


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1 ‘‘§ 2571. Interchange of supplies and services’’. 

2 (2) REPEAL OF SUPERSEDED AUTHORITY ON

3 SCREENING AND TRANSFER FOR CORRECTIONAL

4 PURPOSES.—Section 2693 of such title is repealed. 

5 (c) CLERICAL AMENDMENTS.—(1) The table of sec6 tions at the beginning of chapter 153 of such title is 

7 amended by striking the item relating to section 2571 and 

8 inserting the following new item: 

‘‘2571. Interchange of supplies and services.’’. 

9 (2) The table of sections at the beginning of chapter 

10 159 of such title is amended— 

11 (A) by striking the item relating to section 

12 2693; and 

13 (B) by striking the item relating to section 

14 2696 and inserting the following new item: 

‘‘2696. Real property: transfer between armed forces; screening for transfer or 

conveyance.’’. 

15 SEC. 2824. AUTHORITY TO USE EXCESS PROPERTY AS EX16 CHANGE UNDER AGREEMENTS TO LIMIT EN17 CROACHMENTS ON MILITARY TRAINING, 

18 TESTING, AND OPERATIONS. 

19 Section 2684a(h) of title 10, United States Code, is 

20 amended— 

21 (1) in the heading, by striking ‘‘FUNDING’’ and 

22 inserting ‘‘CONSIDERATION’’; and 


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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) Land under the jurisdiction of the Secretary 

4 concerned that is determined to be excess to the needs of 

5 the Department of Defense may be used by way of ex6 change to enter into an agreement under this section, but 

7 only if such land is located within the same State as the 

8 installation that is the subject of the agreement.’’. 

9 SEC. 2825. MODIFICATION OF UTILITY SYSTEM AUTHORITY 

10 AND RELATED REPORTING REQUIREMENTS. 

11 Section 2688 of title 10, United States Code, as 

12 amended by section 2823 of the Military Construction Au13 thorization Act for Fiscal Year 2006 (Public Law 109– 

14 163), is further amended— 

15 (1) in subsection (a)(2)(A)— 

16 (A) in clause (i), by striking the semicolon 

17 at the end and inserting ‘‘; and’’; and 

18 (B) by striking clause (iii); and 

19 (2) in subsection (d)— 

20 (A) in paragraph (1), by striking ‘‘10 

21 years’’ and inserting ‘‘50 years’’; and 

22 (B) in paragraph (2)— 

23 (i) in the first sentence, by striking ‘‘a 

24 term in excess of 10 years’’ and all that 

25 follows through the period at the end and 


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1 inserting ‘‘a term not to exceed 50 years.’’; 

2 and 

3 (ii) in the second sentence, by striking 

4 ‘‘shall include’’ and all that follows 

5 through the period at the end and insert6 ing ‘‘shall include an explanation of the 

7 term of the contract.’’. 

8 SEC. 2826. INCREASE IN AUTHORIZED MAXIMUM LEASE 

9 TERM FOR CERTAIN STRUCTURES AND REAL 

10 PROPERTY RELATING TO STRUCTURES IN 

11 FOREIGN COUNTRIES. 

12 Section 2675(a) of title 10, United States Code, is 

13 amended by striking ‘‘five years’’ and inserting ‘‘10 

14 years’’. 

15 SEC. 2827. MODIFICATION OF LAND TRANSFER AUTHORITY, 

16 POTOMAC ANNEX, DISTRICT OF COLUMBIA. 

17 Section 2831 of the National Defense Authorization 

18 Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 

19 2795) is amended by striking ‘‘consisting of approximately 

20 3 acres’’ and inserting ‘‘consisting of approximately 4 

21 acres and containing two buildings, known as building 6 

22 and building 7’’. 


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1 Subtitle C—Base Closure and 

2 Realignment 

3 SEC. 2831. DEFENSE ECONOMIC ADJUSTMENT PROGRAM: 

4 RESEARCH AND TECHNICAL ASSISTANCE. 

5 Section 2391 of title 10, United States Code, is 

6 amended by inserting after subsection (b) the following 

7 new subsection: 

8 ‘‘(c) RESEARCH AND TECHNICAL ASSISTANCE.—(1) 

9 The Secretary of Defense may make grants, conclude co10 operative agreements, and enter into contracts in order 

11 to conduct research and technical assistance in support 

12 of activities under this section or Executive Order 12788. 

13 ‘‘(2) A grant, cooperative agreement, or contract 

14 under this subsection may be with or to a Federal agency, 

15 a State or local government, or any private entity.’’. 

16 SEC. 2832. EXTENSION OF ELIGIBILITY FOR COMMUNITY 

17 PLANNING ASSISTANCE RELATED TO CER18 TAIN MILITARY FACILITIES NOT UNDER DE19 PARTMENT OF DEFENSE JURISDICTION. 

20 Section 2391(d)(1) of title 10, United States Code, 

21 is amended by striking the period at the end and inserting 

22 the following: ‘‘, except that for purposes of subsection 

23 (b)(1)(D), a ‘military installation’ may also include a mili24 tary facility owned and operated by a State, the District 

25 of Columbia, the Commonwealth of Puerto Rico, American 


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1 Samoa, the Virgin Islands, or Guam even though such fa2 cility is not under the jurisdiction of the Department of 

3 Defense, if the facility is subject to significant use for 

4 training by the armed forces.’’. 

5 SEC. 2833. MODIFICATION OF DEPOSIT REQUIREMENTS IN 

6 CONNECTION WITH LEASE PROCEEDS RE7 CEIVED AT MILITARY INSTALLATIONS AP8 PROVED FOR CLOSURE OR REALIGNMENT 

9 AFTER JANUARY 1, 2005. 

10 Section 2667(d) of title 10, United States Code, is 

11 amended— 

12 (1) in paragraph (5), by inserting after ‘‘lease 

13 under subsection (f)’’ the following: ‘‘at a military 

14 installation to be closed or realigned under a base 

15 closure law, the date of approval of which is before 

16 January 1, 2005,’’; and 

17 (2) by adding at the end the following new 

18 paragraph: 

19 ‘‘(6) Money rentals received by the United States 

20 from a lease under subsection (f) at a military installation 

21 to be closed or realigned under a base closure law, the 

22 date of approval of which is on or after January 1, 2005, 

23 shall be deposited into the account established under sec24 tion 2906A(a) of the Defense Base Closure and RealignVerDate Aug 31 2005 04:36 May 10, 2006 Jkt 049200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S2768.PCS S2768

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1 ment Act of 1990 (part A of title XXIX of Public Law 

2 101 510; 10 U.S.C. 2687 note).’’. 

3 Subtitle D—Land Conveyances 

4 SEC. 2841. LAND CONVEYANCE, RADFORD ARMY AMMUNI5 TION PLANT, VIRGINIA. 

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

7 the Army may convey, without consideration, to the Com8 monwealth of Virginia (in this section referred to as the 

9 ‘‘Commonwealth’’) all right, title, and interest of the 

10 United States in and to a parcel of real property, including 

11 improvements thereon, consisting of approximately 80 

12 acres at Radford Army Ammunition Plant, New River 

13 Unit, Virginia, for the purpose of permitting the Common14 wealth to establish on the property a cemetery operated 

15 by the Commonwealth for veterans of the Armed Forces. 

16 (b) REVERSIONARY INTEREST.—If the Secretary de17 termines at any time that the real property conveyed 

18 under subsection (a) is not being used in accordance with 

19 the purpose of the conveyance specified in such subsection, 

20 all right, title, and interest in and to the property shall 

21 revert, at the option of the Secretary, to the United States, 

22 and the United States shall have the right of immediate 

23 entry onto the property. Any determination of the Sec24 retary under this subsection shall be made on the record 

25 after an opportunity for a hearing. 


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1 (c) PAYMENT OF COSTS OF CONVEYANCE.— 

2 (1) PAYMENT REQUIRED.—(A) The Secretary 

3 may require the Commonwealth to cover costs to be 

4 incurred by the Secretary, or to reimburse the Sec5 retary for costs incurred by the Secretary, to carry 

6 out the conveyance under subsection (a), including 

7 survey costs, costs related to environmental docu8 mentation, and other administrative costs related to 

9 the conveyance. If amounts are collected from the 

10 Commonwealth in advance of the Secretary incur11 ring the actual costs, and the amount collected ex12 ceeds the costs actually incurred by the Secretary to 

13 carry out the conveyance, the Secretary shall refund 

14 the excess amount to the Commonwealth. 

15 (B) The authority of the Secretary to require 

16 the Commonwealth to cover administrative costs re17 lated to the conveyance does not include costs re18 lated to any environmental remediation required for 

19 the property. 

20 (2) TREATMENT OF AMOUNTS RECEIVED.— 

21 Amounts received as reimbursement under para22 graph (1) shall be credited to the fund or account 

23 that was used to cover the costs incurred by the Sec24 retary in carrying out the conveyance. Amounts so 

25 credited shall be merged with amounts in such fund 


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1 or account and shall be available for the same pur2 poses, and subject to the same conditions and limita3 tions, as amounts in such fund or account. 

4 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

5 and legal description of the real property to be conveyed 

6 under subsection (a) shall be determined by a survey satis7 factory to the Secretary. 

8 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

9 Secretary may require such additional terms and condi10 tions in connection with the conveyance under subsection 

11 (a) as the Secretary considers appropriate to protect the 

12 interests of the United States. 

13 SEC. 2842. MODIFICATIONS TO LAND CONVEYANCE AU14 THORITY, ENGINEERING PROVING GROUND, 

15 FORT BELVOIR, VIRGINIA. 

16 (a) CONSTRUCTION OF SECURITY BARRIER.—Section 

17 2836 of the Military Construction Authorization Act for 

18 Fiscal Year 2002 (division B of Public Law 107–107; 115 

19 Stat. 1314), as amended by section 2846 of the Military 

20 Construction Authorization Act for Fiscal Year 2006 (di21 vision B of Public Law 109–163; 119 Stat. 3527), is fur22 ther amended— 

23 (1) in subsection (b)(4), by striking 

24 ‘‘$3,880,000’’ and inserting ‘‘$4,880,000’’; and 

25 (2) in subsection (d)— 


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1 (A) in paragraph (1), by inserting after 

2 ‘‘Virginia,’’ the following: ‘‘and the construction 

3 of a security barrier, as applicable,’’; and 

4 (B) in paragraph (2), by inserting after 

5 ‘‘Building 191’’ the following: ‘‘and the con6 struction of a security barrier, as applicable’’. 

7 (b) AUTHORITY TO ENTER INTO ALTERNATIVE

8 AGREEMENT FOR DESIGN AND CONSTRUCTION OF FAIR9 FAX COUNTY PARKWAY PORTION.—Such section 2836 is 

10 further amended— 

11 (1) in subsection (b)— 

12 (A) by amending paragraph (1) to read as 

13 follows: 

14 ‘‘(1) except as provided in subsection (f), design 

15 and construct, at its expense and for public benefit, 

16 the portion of the Fairfax County Parkway through 

17 the Engineer Proving Ground (in this section re18 ferred to as the ‘Parkway portion’);’’; and 

19 (B) in paragraph (2), by inserting after 

20 ‘‘C514’’ the following: ‘‘, RW–214 (in this sec21 tion referred to as ‘Parkway project’)’’; 

22 (2) by redesignating subsection (f) as sub23 section (g); 

24 (3) by inserting after subsection (e) the fol25 lowing new subsection: 


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1 ‘‘(f) ALTERNATE AGREEMENT FOR CONSTRUCTION

2 OF ROAD.—(1) The Secretary of the Army may, in con3 nection with the conveyance authorized under subsection 

4 (a), enter into an agreement with the Commonwealth pro5 viding for the design and construction by the Department 

6 of the Army or the United States Department of Trans7 portation of the Parkway portion and other portions of 

8 the Fairfax County Parkway off the Engineer Proving 

9 Ground that are necessary to complete the Parkway 

10 project (in this subsection referred to as the ‘alternate 

11 agreement’) if the Secretary determines that the alternate 

12 agreement is in the best interests of the United States 

13 to support the permanent relocation of additional military 

14 and civilian personnel at Fort Belvoir pursuant to deci15 sions made as part of the 2005 round of defense base clo16 sure and realignment under the Defense Base Closure and 

17 Realignment Act of 1990 (part A of title XXIX of Public 

18 Law 101–510; 10 U.S.C. 2687 note). 

19 ‘‘(2) If the Secretary of Defense certifies that the 

20 Parkway portion is important to the national defense pur21 suant to section 210 of title 23, United States Code, the 

22 Secretary of the Army may enter into an agreement with 

23 the Secretary of Transportation to carry out the alternate 

24 agreement under the Defense Access Road Program. 


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1 ‘‘(3) The Commonwealth shall pay to the Secretary 

2 of the Army the costs of the design and construction of 

3 the Parkway portion and any other portions of the Fairfax 

4 County Parkway off the Engineer Proving Ground de5 signed and constructed under the alternate agreement. 

6 The Secretary shall apply such payment to the design and 

7 construction provided for in the alternate agreement. 

8 ‘‘(4) The Secretary may carry out environmental res9 toration activities on real property under the jurisdiction 

10 of the Secretary in support of the construction of the 

11 Parkway portion with funds appropriated for that pur12 pose. 

13 ‘‘(5) The alternate agreement shall be subject to the 

14 following conditions: 

15 ‘‘(A) The Commonwealth shall acquire and re16 tain all necessary right, title, and interest in any 

17 real property not under the jurisdiction of the Sec18 retary that is necessary for construction of the Park19 way portion or for construction of any other portions 

20 of the Fairfax County Parkway off the Engineer 

21 Proving Ground that will be constructed under the 

22 alternate agreement, and shall grant to the United 

23 States all necessary access to and use of such prop24 erty for such construction. 


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1 ‘‘(B) The United States shall not be liable 

2 under the Comprehensive Environmental Response, 

3 Compensation, and Liability Act of 1980 (42 U.S.C. 

4 9601 et seq.), or any other Federal, State, or local 

5 law or regulation, for any environmental hazard or 

6 condition (including the presence of any hazardous 

7 substance, hazardous waste, or pollutant or contami8 nant) on property to which the Commonwealth has 

9 acquired a right, title, or interest pursuant to sub10 paragraph (A), except and only to the extent that 

11 the activities of the United States caused or contrib12 uted to such hazard or condition. 

13 ‘‘(C) The Secretary shall receive consideration 

14 from the Commonwealth as required in subsections 

15 (b)(2), (b)(3), and (b)(4) and shall carry out the ac16 ceptance and disposition of funds in accordance with 

17 subsection (d). 

18 ‘‘(6) The design of the Parkway portion under the 

19 alternate agreement shall be subject to the approval of the 

20 Secretary and the Commonwealth in accordance with the 

21 Virginia Department of Transportation Approved Plan, 

22 dated June 15, 2004, Project #R000–029–249, PE–108, 

23 C–514, RW–214. For each phase of the design and con24 struction of the Parkway portion under the alternate 

25 agreement, the Secretary may— 


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1 ‘‘(A) accept funds from the Commonwealth; or 

2 ‘‘(B) transfer funds received from the Common3 wealth to the United States Department of Trans4 portation. 

5 ‘‘(7) Upon completion of the construction of the 

6 Parkway portion and any other portions of the Fairfax 

7 County Parkway off the Engineer Proving Ground re8 quired under the alternate agreement, the Secretary shall 

9 carry out the conveyance under subsection (a). As a condi10 tion of such conveyance carried out under the alternate 

11 agreement, the Secretary shall receive a written commit12 ment, in a form satisfactory to the Secretary, that the 

13 Commonwealth agrees to accept all responsibility for the 

14 costs of operation and maintenance of the Parkway por15 tion upon conveyance to the Commonwealth of such real 

16 property.’’; and 

17 (4) in subsection (g), as redesignated by para18 graph (2), by inserting ‘‘or the alternate agreement 

19 authorized under subsection (f)’’ after ‘‘conveyance 

20 under subsection (a)’’. 

21 SEC. 2843. LAND CONVEYANCES, OMAHA, NEBRASKA. 

22 (a) CONVEYANCES AUTHORIZED.— 

23 (1) ARMY CONVEYANCE.—The Secretary of the 

24 Army may convey to the Metropolitan Community 

25 College Area, a public community college located in 


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1 Omaha, Nebraska (in this section referred to as the 

2 ‘‘College’’) all right, title, and interest of the United 

3 States in and to three parcels of real property under 

4 the control of the Army Reserve, including any im5 provements thereon, consisting of approximately 

6 5.42 acres on the Fort Omaha campus at the Col7 lege, for educational purposes. 

8 (2) NAVY CONVEYANCE.—The Secretary of the 

9 Navy may convey to the College all right, title, and 

10 interest of the United States in and to a parcel of 

11 real property under the control of the Navy Reserve 

12 and Marine Corps Reserve, including any improve13 ments thereon, consisting of approximately 6.57 

14 acres on the Fort Omaha campus at the College, for 

15 educational purposes. 

16 (b) CONSIDERATION.— 

17 (1) IN GENERAL.—As consideration for each 

18 conveyance under subsection (a), the College shall 

19 provide the United States, whether by cash payment, 

20 in-kind consideration, or a combination thereof, an 

21 amount that is not less than the fair market value 

22 of the conveyed property, as determined pursuant to 

23 an appraisal acceptable to the Secretary concerned. 

24 (2) REDUCED TUITION RATES.—The Secretary 

25 concerned may accept as in-kind consideration under 


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1 paragraph (1) reduced tuition rates for military per2 sonnel at the College. 

3 (c) PAYMENT OF COSTS OF CONVEYANCES.— 

4 (1) PAYMENT REQUIRED.—The Secretary con5 cerned shall require the College to cover costs to be 

6 incurred by the Secretary, or to reimburse the Sec7 retary for costs incurred by the Secretary to carry 

8 out a conveyance under subsection (a), including 

9 survey costs, related to the conveyance. If amounts 

10 are collected from the College in advance of the Sec11 retary incurring the actual costs, and the amount 

12 collected exceeds the costs actually incurred by the 

13 Secretary to carry out the conveyance, the Secretary 

14 shall refund the excess amount to the College. 

15 (2) TREATMENT OF AMOUNTS RECEIVED.— 

16 Amounts received under paragraph (1) as reim17 bursement for costs incurred by the Secretary con18 cerned to carry out a conveyance under subsection 

19 (a) shall be credited to the fund or account that was 

20 used to cover the costs incurred by the Secretary in 

21 carrying out the conveyance. Amounts so credited 

22 shall be merged with amounts in such fund or ac23 count and shall be available for the same purposes, 

24 and subject to the same conditions and limitations, 

25 as amounts in such fund or account. 


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1 (d) 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 surveys satis4 factory to the Secretaries concerned. 

5 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

6 Secretary concerned may require such additional terms 

7 and conditions in connection with the conveyances under 

8 subsection (a) as the Secretary considers appropriate to 

9 protect the interests of the United States. 


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Calendar No. 428 

109TH CONGRESS 

2D SESSION S. 2768 

A BILL 

To authorize appropriations for fiscal year 2007 for 

military construction, and for other purposes. 

MAY 9, 2006 

Read twice and placed on the calendar 


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