109TH CONGRESS

2D SESSION S. 2768

AN ACT

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’’.
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1 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

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
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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

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.

Sec. 2814. Naming of administration building at Joint Systems Manufacturing

Center in Lima, Ohio, after Michael G. Oxley, a member of the

House of Representatives.

Sec. 2815. Naming of military family housing facility at Fort Carson, Colorado,

in honor of Joel Hefley, a member of the House of Representatives.

Sec. 2816. Authority to occupy United States Southern Command family housing.

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.
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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.

Sec. 2828. Reports on Army training ranges.

Sec. 2829. Use of renewable energy to meet electricity needs.

Sec. 2830. Naming of Navy and Marine Corps Reserve Center at Rock Island,

Illinois, in honor of Lane Evans, a Member of the House of

Representatives.

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.

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

realignment after January 1, 2005.

Sec. 2834. Report on Air Force and Air National Guard bases affected by 2005

round of defense base closure and realignment.

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.

Subtitle E—Other Matters

Sec. 2851. Rickenbacker Airport, Columbus, Ohio.

Sec. 2852. Highway projects, Detroit, Michigan.

Sec. 2853. Fox Point Hurricane Barrier, Providence, Rhode Island.

Sec. 2854. Land conveyance, Hopkinton, New Hampshire.

Sec. 2855. Federal funding for fixed guideway projects.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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.
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1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS

4 TITLE XXI—ARMY

5 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

6 ACQUISITION PROJECTS.

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

8 appropriated pursuant to the authorization of appropria9 tions in section 2104(a)(1), the Secretary of the Army

10 may acquire real property and carry out military construc11 tion projects for the installations or locations inside the

12 United States, and in the amounts, set forth in the fol13 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

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
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Army: Inside the United States—Continued

State Installation or Location Amount

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 (in13 cluding land acquisition and supporting facilities) at the

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

15 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
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Army: Family Housing—Continued

State Installation or Location Purpose Amount

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

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

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

3 section 2104(a)(5)(A), the Secretary of the Army 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 $16,332,000.

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

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

13 the Secretary of the Army may improve existing military

14 family housing units in an amount not to exceed

15 $336,859,000.

16 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

18 are hereby authorized to be appropriated for fiscal years

19 beginning after September 30, 2006, for military con20 struction, land acquisition, and military family housing

21 functions of the Department of the Army in the total

22 amount of $3,452,581,000 as follows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2101(a),

3 $1,266,650,000.

4 (2) For military construction projects outside

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

6 $525,982,000.

7 (3) For unspecified minor military construction

8 projects authorized by section 2805 of title 10,

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

10 (4) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $217,629,000.

13 (5) For military family housing functions:

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

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

17 (B) For support of military family housing

18 (including the functions described in section

19 2833 of title 10, United States Code),

20 $676,829,000.

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

22 barracks complex at Fort Drum, New York, author23 ized by section 2101(a) of the Military Construction

24 Authorization Act for fiscal year 2006 (division B of

25 Public Law 109–163; 119 Stat. 3485), $16,500,000.
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1 (7) For the construction of increment 2 of a

2 barracks complex for divisional artillery at Fort

3 Bragg, North Carolina, authorized by section

4 2101(a) of the Military Construction Authorization

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

6 109–163; 119 Stat. 3485), $37,000,000.

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

8 barracks complex for the 3rd Brigade at Fort

9 Bragg, North Carolina, authorized by section

10 2101(a) of the Military Construction Authorization

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

12 109–163; 119 Stat. 3485), $50,000,000.

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

14 barracks complex for the 2nd Brigade at Fort

15 Bragg, North Carolina, authorized by section

16 2101(a) of the Military Construction Authorization

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

18 109–163; 119 Stat. 3485), $31,000,000.

19 (10) For the construction of phase 2 of the De20 fense Access Road at Fort Belvoir, Virginia, author21 ized by section 2101(a) of the Military Construction

22 Authorization Act for Fiscal Year 2006 (division B

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

24 $13,000,000.
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1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and

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

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

6 may not exceed the sum of the following:

7 (1) The total amount authorized to be appro8 priated under paragraphs (1) and (2) of subsection

9 (a).

10 (2) $306,000,000 (the balance of the amount

11 authorized under section 2101(a) for construction of

12 a brigade complex for Fort Lewis, Washington).

13 (3) $40,400,000 (the balance of the amount au14 thorized under section 2101(a) of the Military Con15 struction Authorization Act for Fiscal Year 2005

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

17 for construction of a barracks complex for divisional

18 artillery for Fort Bragg, North Carolina).

19 TITLE XXII—NAVY

20 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

21 ACQUISITION PROJECTS.

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

23 appropriated pursuant to the authorization of appropria24 tions in section 2204(a)(1), the Secretary of the Navy may

25 acquire real property and carry out military construction
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1 projects for the installations or locations inside the United

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

3 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

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

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2204(a)(2), the Secretary of the

7 Navy may acquire real property and carry out military

8 construction projects for the installation or location out9 side the United States, and in the amounts, set forth in

10 the following table:
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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

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(3), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for unspecified installations or locations in the

6 amount set forth in the following table:

Navy: Unspecified Worldwide

Location Installation or Location Amount

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

7 SEC. 2202. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2204(a)(6)(A), the Secretary of the

11 Navy may construct or acquire family housing units (in12 cluding land acquisition and supporting facilities) at the

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

14 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

15 (b) PLANNING AND DESIGN.—Using amounts appro16 priated pursuant to the authorization of appropriations in
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1 section 2204(a)(6)(A), the Secretary of the Navy may

2 carry out architectural and engineering services and con3 struction design activities with respect to the construction

4 or improvement of family housing units in an amount not

5 to exceed $2,600,000.

6 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

7 UNITS.

8 Subject to section 2825 of title 10, United States

9 Code, and using amounts appropriated pursuant to the

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

11 the Secretary of the Navy may improve existing military

12 family housing units in an amount not to exceed

13 $176,446,000.

14 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

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 Navy in the total

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

21 (1) For military construction projects inside the

22 United States authorized by section 2201(a),

23 $808,750,000.
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1 (2) For military construction projects outside

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

3 $50,524,000.

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

6 2201(c), $12,185,000.

7 (4) For unspecified minor military construction

8 projects authorized by section 2805 of title 10,

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

10 (5) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $71,247,000.

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, $305,071,000.

17 (B) For support of military family housing

18 (including functions described in section 2833

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

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

21 helicopter hangar replacement at Naval Air Station,

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

23 of the Military Construction Authorization Act for

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

25 163; 119 Stat. 3489), $43,250,000.
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1 (8) For the construction of increment 2 of

2 Alpha and Bravo wharf improvements at Naval

3 Base, Guam, Marianas Islands, authorized by sec4 tion 2201(b) of the Military Construction Authoriza5 tion Act for Fiscal Year 2006 (division B of Public

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

7 (9) For the construction of increment 2 of re8 cruit training barracks infrastructure upgrade at

9 Recruit Training Command, Great Lakes, Illinois,

10 authorized by section 2201(a) of the Military Con11 struction Authorization Act for Fiscal Year 2006

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

13 3490), $23,589,000.

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

15 Wesley Brown Field House at the United States

16 Naval Academy, Annapolis, Maryland, authorized by

17 section 2201(a) of the Military Construction Author18 ization Act for Fiscal Year 2006 (division B of Pub19 lic Law 109–163; 119 Stat. 3490), $26,685,000.

20 (11) For the construction of increment 2 of

21 wharf upgrades at Naval Station, Yokosuka, Japan,

22 authorized by section 2201(b) of the Military Con23 struction Authorization Act for Fiscal Year 2006

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

25 3490), $44,360,000.
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1 (12) For the construction of increment 2 of the

2 ship repair pier 3 replacement at Naval Station,

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

4 the Military Construction Authorization Act for Fis5 cal Year 2006 (division B of Public Law 109–163;

6 119 Stat. 3490), $30,939,000.

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

8 Bachelor Enlisted Quarters Homeport Ashore Pro9 gram at Naval Station, Everett, Washington, au10 thorized by section 2201(a) of the Military Construc11 tion Authorization Act for Fiscal Year 2006 (divi12 sion B of Public Law 109–163; 119 Stat.3490),

13 $20,917,000.

14 (14) For the construction of phase 2 of the rec15 lamation and conveyance project at Marine Corps

16 Base, Camp Pendleton, California, authorized by

17 section 2201(a) of the Military Construction Author18 ization Act for Fiscal Year 2006 (division B of Pub19 lic Law 109–163; 119 Stat. 3489), $33,290,000.

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

21 Navy Outlaying Landing Field facilities at Wash22 ington County, North Carolina, authorized for var23 ious locations, continental United States, by section

24 2201(a) of the Military Construction Authorization
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1 Act for Fiscal Year 2004 (division B of Public Law

2 108–136; 117 Stat. 1704), $7,926,000.

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

4 limited area production and storage complex at Stra5 tegic Weapons Facility Pacific, Bangor, Washington,

6 authorized by section 2201(a) of the Military Con7 struction Authorization Act for Fiscal Year 2005

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

9 2106), $14,274,000.

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

11 11 replacement at Naval Station, Norfolk, Virginia,

12 authorized by section 2201(a) of the Military Con13 struction Authorization Act for Fiscal Year 2004

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

15 1704), $30,633,000.

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

17 addition to Hockmuth Hall at Marine Corps Base,

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

19 the Military Construction Authorization Act for Fis20 cal Year 2006 (division B of Public Law 109–163;

21 119 Stat. 3490), $11,559,000.

22 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

23 PROJECTS.—Notwithstanding the cost variations author24 ized by section 2853 of title 10, United States Code, and

25 any other cost variation authorized by law, the total cost
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1 of all projects carried out under section 2201 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) $39,874,000 (the balance of the amount au7 thorized under section 2201(a) of the Military Con8 struction Authorization Act for Fiscal Year 2004

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

10 for various locations, continental United States).

11 (3) $33,951,000 (the balance of the amount au12 thorized under section 2201(a) of the Military Con13 struction Authorization Act for Fiscal Year 2005

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

15 for construction of a limited area production and

16 storage complex at Strategic Weapons Facility Pa17 cific, Bangor, Washington).

18 (4) $22,661,000 (the balance of the amount au19 thorized under section 2201(a) of the Military Con20 struction Authorization Act for Fiscal Year 2006

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

22 for infrastructure upgrades at Recruit Training

23 Command, Great Lakes, Illinois).

24 (5) $24,740,000 (the balance of the amount au25 thorized under section 2201(b) of the Military Con-
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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 wharf upgrades at Naval Station, Yokosuka,

4 Japan.

5 (6) $56,159,000 (the balance of the amount au6 thorized under section 2201(a) for construction of a

7 National Maritime Intelligence Center addition at

8 Suitland, Maryland).

9 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT

10 CERTAIN FISCAL YEAR 2006 PROJECTS.

11 (a) MODIFICATION OF INSIDE THE UNITED STATES

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

13 Construction Authorization Act for Fiscal Year 2006 (di14 vision B of Public Law 109–163; 119 Stat. 3489) is

15 amended—

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

17 Camp Pendleton, California, by striking

18 ‘‘$90,437,000’’ in the amount column and inserting

19 ‘‘$86,006,000’’; and

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

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

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

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

24 of that Act (119 Stat. 3492) is amended—
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1 (1) in paragraph (2), by striking

2 ‘‘$37,721,000’’ and inserting ‘‘$33,290,000’’; and

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

4 ‘‘$10,159,000’’ and inserting ‘‘$11,559,000’’.

5 TITLE XXIII—AIR FORCE

6 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

7 LAND ACQUISITION PROJECTS.

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

9 appropriated pursuant to the authorization of appropria10 tions in section 2304(a)(1), the Secretary of the Air Force

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:

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

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 ....................... $9,000,000

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

Tinker Air Force Base ..................... $8,100,000
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Air Force: Inside the United States—Continued

State Installation or Location Amount

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

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

13 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
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Air Force: Unspecified Worldwide—Continued

Location Installation or Location Amount

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

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

1 SEC. 2302. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(6)(A), the Secretary of the

5 Air Force may construct or acquire family housing units

6 (including land acquisition and supporting facilities) at the

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

8 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 .... $170,188,000

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

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in

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

12 carry out architectural and engineering services and con13 struction design activities with respect to the construction
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1 or improvement of family housing units in an amount not

2 to exceed $13,202,000.

3 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

4 UNITS.

5 Subject to section 2825 of title 10, United States

6 Code, and using amounts appropriated pursuant to the

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

8 the Secretary of the Air Force may improve existing mili9 tary family housing units in an amount not to exceed

10 $403,727,000.

11 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

12 FORCE.

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

14 are hereby authorized to be appropriated for fiscal years

15 beginning after September 30, 2006, for military con16 struction, land acquisition, and military family housing

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

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

19 (1) For military construction projects inside the

20 United States authorized by section 2301(a),

21 $863,661,000.

22 (2) For military construction projects outside

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

24 $180,806,000.
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1 (3) For military construction projects at un2 specified worldwide locations authorized by section

3 2301(c), $23,877,000.

4 (4) For unspecified minor military construction

5 projects authorized by section 2805 of title 10,

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

7 (5) For architectural and engineering services

8 and construction design under section 2807 of title

9 10, United States Code, $90,632,000.

10 (6) For military family housing functions:

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military

13 family housing and facilities, $1,182,138,000.

14 (B) For support of military family housing

15 (including the functions described in section

16 2833 of title 10, United States Code),

17 $755,071,000.

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

19 C–17 maintenance complex at Elmendorf Air Force

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

21 Military Construction Authorization Act for Fiscal

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

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

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

25 main base runway at Edwards Air Force Base, Cali-
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1 fornia, authorized by section 2301(a) of the Military

2 Construction Authorization Act for Fiscal Year 2006

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

4 3494), $31,000,000.

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

6 CENTCOM Joint Intelligence Center at MacDill Air

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

8 of the Military Construction Authorization Act for

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

10 163; 119 Stat. 3494), $23,300,000.

11 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

12 PROJECTS.—Notwithstanding the cost variations author13 ized by section 2853 of title 10, United States Code, and

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

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

16 may not exceed the sum of the following:

17 (1) The total amount authorized to be appro18 priated under paragraphs (1) (2) and (3) of sub19 section (a).

20 (2) $35,000,000 (the balance of the amount au21 thorized under section 2301(a) of the Military Con22 struction Authorization Act for Fiscal Year 2006

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

24 for construction of a main base runway at Edwards

25 Air Force Base, California).
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1 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 2006 PROJECT.

3 (a) MODIFICATION OF INSIDE THE UNITED STATES

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

5 Construction Authorization Act for Fiscal Year 2006 (di6 vision B of Public Law 109–163; Stat. 119 Stat. 3494)

7 is amended in the item relating to MacDill Air Force

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

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

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

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

12 ‘‘$29,000,000’’ and inserting ‘‘$23,300,000’’.

13 TITLE XXIV—DEFENSE

14 AGENCIES

15 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC16 TION AND LAND ACQUISITION PROJECTS.

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

18 appropriated pursuant to the authorization of appropria19 tions in section 2404(a)(1), the Secretary of Defense may

20 acquire real property and carry out military construction

21 projects for the installations or locations inside the United

22 States, and in the amounts, set forth in the following ta23 bles:

Defense Education Activity

State Installation or Location Amount

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

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

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations or locations outside the

6 United States, and in the amounts, set forth in the fol7 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
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Defense Education Activity—Continued

Country Installation or Location Amount

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

1 SEC. 2402. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2404(a)(9)(A), the Secretary of the

5 Defense may construct or acquire family housing units

6 (including land acquisition and supporting facilities) at the

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

8 amounts set forth in the following table:

Defense Logistics Agency: Family Housing

State Installation or Location Purpose Amount

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

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

23 (1) For military construction projects inside the

24 United States authorized by section 2401(a),

25 $557,399,000.
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1 (2) For military construction projects outside

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

3 $170,789,000.

4 (3) For unspecified minor military construction

5 projects under section 2805 of title 10, United

6 States Code, $21,672,000.

7 (4) For contingency construction projects of the

8 Secretary of Defense under section 2804 of title 10,

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

10 (5) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $172,150,000.

13 (6) For energy conservation projects authorized

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

15 (7) For base closure and realignment activities

16 as authorized by the Defense Base Closure and Re17 alignment Act of 1990 (part A of title XXIX of

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

19 funded through the Department of Defense Base

20 Closure Account 1990 established by section 2906 of

21 such Act, $191,220,000.

22 (8) For base closure and realignment activities

23 as authorized by the Defense Base Closure and Re24 alignment Act of 1990 (part A of title XXIX of

25 Public Law 101–510; 10 U.S.C. 2687 note) and
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1 funded through the Department of Defense Base

2 Closure Account 2005 established by section 2906A

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

4 (9) For military family housing functions:

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military

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

8 (B) For support of military family housing

9 (including functions described in section 2833

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

11 (C) For credit to the Department of De12 fense Family Housing Improvement Fund es13 tablished by section 2883(a)(1) of title 10,

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

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

16 munitions demilitarization facility at Pueblo Chem17 ical Activity, Colorado, authorized by section

18 2401(a) of the Military Construction Authorization

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

20 104–201; 110 Stat. 2775), as amended by section

21 2406 of the Military Construction Authorization Act

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

23 65; 113 Stat. 839), and section 2407 of the Military

24 Construction Authorization Act for Fiscal Year 2003
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1 (division B of Public Law 107–314; 116 Stat.

2 2698), $41,836,000.

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

4 munitions demilitarization facility at Blue Grass

5 Army Depot, Kentucky, authorized by section

6 2401(a) of the Military Construction Authorization

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

8 106–65; 113 Stat. 835), as amended by section

9 2405 of the Military Construction Authorization Act

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

11 Stat. 1298), and section 2405 of the Military Con12 struction Authorization Act for Fiscal Year 2003

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

14 2698), $99,157,000.

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

16 replacement of a regional security operations center,

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

18 Military Construction Authorization Act for Fiscal

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

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

21 this Act, $47,016,000.

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

23 classified material conversion facility at Fort Meade,

24 Maryland, authorized by section 2401(a) of the Mili25 tary Construction Authorization Act for Fiscal Year
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1 2006 (division B of Public Law 109–163; 119 Stat.

2 3497), $11,151,000.

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

4 replacement of a regional security operations center,

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

6 the Military Construction Act for Fiscal Year 2006

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

8 3497), as amended by section 2405(a)(1) of this

9 Act, $107,118,000.

10 (15) For the construction of increment 2 of

11 construction of an operations building, Menwith Hall

12 Station, United Kingdom, authorized by section

13 2401(b) of the Military Construction Act for Fiscal

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

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

16 this Act, $46,386,000.

17 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

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

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

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

22 may not exceed the sum of the following:

23 (1) The total amount authorized to be appro24 priated under paragraphs (1), (2), and (3) of sub25 section (a).
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1 (2) $184,752,000 (the balance of the amount

2 authorized under section 2401(a) of the Military

3 Construction Authorization Act for Fiscal Year 2006

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

5 for construction of a regional security operations

6 center, Augusta, Georgia).

7 (3) $254,508,000 (the balance of the amount

8 authorized under section 2401(a) of the Military

9 Construction Authorization Act for Fiscal Year 2006

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

11 for construction of a regional security operations

12 center, Kunia, Hawaii).

13 (4) $521,000,000 (the balance of the amount

14 authorized under section 2401(a) for construction of

15 a replacement facility, Fort Detrick, Maryland).

16 (5) $187,120,000 (the balance of the amount

17 authorized under section 2401(a) of the Military

18 Construction Authorization Act for Fiscal Year 1997

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

20 2775), as amended by section 2406 of the Military

21 Construction Authorization Act for Fiscal Year 2000

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

23 and section 2407 of the Military Construction Au24 thorization Act for Fiscal Year 2003 (division B of

25 Public Law 107–314; 116 Stat. 2698), for construc-
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1 tion of a munitions demilitarization facility at Pueb2 lo Chemical Activity, Colorado).

3 (6) $134,554,000 (the balance of the amount

4 authorized under section 2401(a) of the Military

5 Construction Authorization Act for Fiscal Year 2000

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

7 as amended by section 2405 of the Military Con8 struction Authorization Act for Fiscal Year 2002

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

10 and section 2405 of the Military Construction Au11 thorization Act for Fiscal Year 2003 (division B of

12 Public Law 107–314; 116 Stat. 2698), for construc13 tion of a munitions demilitarization facility at Blue

14 Grass Army Depot, Kentucky).

15 SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT

16 CERTAIN FISCAL YEAR 2006 PROJECTS.

17 (a) MODIFICATION OF INSIDE THE UNITED STATES

18 PROJECT.—The table relating to the National Security

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

20 Authorization Act for Fiscal Year 2006 (division B of

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

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

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

24 inserting ‘‘$340,836,000’’; and
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1 (2) in the item relating to Kunia, Hawaii, by

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

3 inserting ‘‘$350,490,000’’.

4 (b) MODIFICATION OF OUTSIDE THE UNITED

5 STATES PROJECT.—The table relating to the National Se6 curity Agency in section 2401(b) of the Military Construc7 tion Authorization Act for Fiscal Year 2006 (division B

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

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

10 striking ‘‘$86,354,000’’ in the amount column and insert11 ing ‘‘$88,083,000’’.

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

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

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

15 ‘‘$12,500,000’’ and inserting ‘‘$291,870,000’’;

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

17 ‘‘$256,034,000’’ and inserting ‘‘$301,524,000’’; and

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

19 ‘‘$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, $245,743,000; 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 (3) in subsection (b)(2)(A), by striking ‘‘instal8 lations of the Department of Defense as may be des9 ignated’’ and inserting ‘‘installations of the Depart10 ment of Defense and related to such vehicles and

11 military support equipment of the Department of

12 Defense as may be designated’’;

13 (4) by redesignating subsections (e) and (f) as

14 subsections (f) and (g), respectively; and

15 (5) by inserting after subsection (d) the fol16 lowing new subsection:

17 ‘‘(e) ENERGY EFFICIENCY IN NEW CONSTRUC18 TION.—

19 ‘‘(1) The Secretary of Defense shall ensure, to

20 the maximum extent practicable, that energy effi21 cient products meeting the Department’s require22 ments, if cost effective over the life cycle of the prod23 uct and readily available, be used in new facility con24 struction by or for the Department carried out

25 under this chapter.
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1 ‘‘(2) In determining the energy efficiency of

2 products, the Secretary shall consider products

3 that—

4 ‘‘(A) meet or exceed Energy Star specifica5 tions; or

6 ‘‘(B) are listed on the Department of En7 ergy’s Federal Energy Management Program

8 Product Energy Efficiency Recommendations

9 product list.’’.

10 SEC. 2807. REPEAL OF AUTHORITY TO CONVEY PROPERTY

11 AT CLOSED OR REALIGNED MILITARY IN12 STALLATIONS TO SUPPORT MILITARY CON13 STRUCTION.

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

15 Code, is repealed.

16 (b) CONFORMING AND CLERICAL AMENDMENTS.—

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

18 2822(b) of such title is amended by striking para19 graph (6).

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

21 (i) in paragraph (1), by striking subpara22 graph (F); and

23 (ii) in paragraph (2), by striking subpara24 graph (F).
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of subchapter III of chapter

3 169 of such title is amended by striking the item re4 lating to section 2869.

5 SEC. 2808. REPEAL OF REQUIREMENT TO DETERMINE

6 AVAILABILITY OF SUITABLE ALTERNATIVE

7 HOUSING FOR ACQUISITION IN LIEU OF CON8 STRUCTION OF NEW FAMILY HOUSING.

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

10 States Code, is repealed.

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

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

13 by striking the item relating to section 2823.

14 SEC. 2809. UPDATING FOREIGN CURRENCY FLUCTUATION

15 ADJUSTMENT FOR CERTAIN MILITARY FAM16 ILY HOUSING LEASES IN KOREA.

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

18 Code, is amended to read as follows:

19 ‘‘(A) for—

20 ‘‘(i) foreign currency fluctuations from Oc21 tober 1, 1987, in the case of maximum lease

22 amounts provided for under paragraphs (1),

23 (2), and (3); or

24 ‘‘(ii) foreign currency appreciation during

25 the previous fiscal year, starting from the fiscal
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1 year of enactment of the lease authority under

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

3 lease amount provided for under such para4 graph; and’’.

5 SEC. 2810. PILOT PROJECTS FOR ACQUISITION OR CON6 STRUCTION OF MILITARY UNACCOMPANIED

7 HOUSING.

8 (a) REDUCTION OF APPLICABLE NOTIFICATION PE9 RIODS.—Section 2881a of title 10, United States Code,

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

11 and inserting ‘‘30 days’’.

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

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

14 ‘‘2009’’.

15 SEC. 2811. CERTIFICATION REQUIRED FOR CERTAIN MILI16 TARY CONSTRUCTION PROJECTS.

17 The Department of Defense may not use amounts au18 thorized to be appropriated for a fiscal year beginning

19 after September 30, 2006, to carry out a military con20 struction project to construct a facility designed to provide

21 training in urban operations for personnel of the Depart22 ment of Defense or other Federal agencies until the Under

23 Secretary of Defense for Personnel and Readiness, in con24 sultation with the Commander of the United States Joint
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1 Forces Command, has certified to the congressional de2 fense committees that—

3 (1) the Secretary of Defense has approved a

4 strategy for training and facility construction for op5 erations in urban terrain; and

6 (2) the Under Secretary has evaluated the

7 project and determined that the project—

8 (A) is consistent with such strategy; and

9 (B) incorporates the appropriate capabili10 ties for joint and interagency use in accordance

11 with such strategy.

12 SEC. 2812. MODIFICATION OF LAND ACQUISITION AUTHOR13 ITY, PERQUIMANS COUNTY, NORTH CARO14 LINA.

15 Section 2846 of the Military Construction Authoriza16 tion Act for Fiscal Year 2002 (division B of Public Law

17 107–107; 115 Stat. 1320), as amended by section 2865

18 of the Military Construction Authorization Act for Fiscal

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

20 2149), is further amended by striking ‘‘840 acres’’ and

21 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 SEC. 2814. NAMING OF ADMINISTRATION BUILDING AT

14 JOINT SYSTEMS MANUFACTURING CENTER

15 IN LIMA, OHIO, AFTER MICHAEL G. OXLEY, A

16 MEMBER OF THE HOUSE OF REPRESENTA17 TIVES.

18 The administration building under construction at

19 the Joint Systems Manufacturing Center in Lima, Ohio,

20 shall, upon be completion, be known and designated as the

21 ‘‘Michael G. Oxley Administration and Technology Cen22 ter’’. Any reference in a law, map, regulation, document,

23 paper, or other record of the United States to such admin24 istration building shall be deemed to be a reference to the

25 Michael G. Oxley Administration and Technology Center.
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1 SEC. 2815. NAMING OF MILITARY FAMILY HOUSING FACIL2 ITY AT FORT CARSON, COLORADO, IN HONOR

3 OF JOEL HEFLEY, A MEMBER OF THE HOUSE

4 OF REPRESENTATIVES.

5 The Secretary of the Army shall designate one of the

6 military family housing areas or facilities constructed for

7 Fort Carson, Colorado, using the authority provided by

8 subchapter IV of chapter 169 of title 10, United States

9 Code, as the ‘‘Joel Hefley Village’’. Any reference in any

10 law, regulation, map, document, record, or other paper of

11 the United States to the military housing area or facility

12 designated under this section shall be considered to be a

13 reference to Joel Hefley Village.

14 SEC. 2816. AUTHORITY TO OCCUPY UNITED STATES SOUTH15 ERN COMMAND FAMILY HOUSING.

16 (a) The Secretary of the Army may authorize family

17 members of a member of the armed forces on active duty

18 who is occupying a housing unit leased under section

19 2828(b)(4) of title 10, United States Code and who is as20 signed to a family-member-restricted area to remain in the

21 leased housing unit until the member completes the fam22 ily-member-restricted tour. Costs incurred for such hous23 ing during such tour shall be included in the costs subject

24 to the limitation under subparagraph (B) of that para25 graph.
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1 (b) The authority granted by subsection (a) shall ex2 pire on September 30, 2008.

3 Subtitle B—Real Property and

4 Facilities Administration

5 SEC. 2821. CONSOLIDATION OF EASEMENT PROVISIONS.

6 (a) CONSOLIDATION OF EASEMENT PROVISIONS.—

7 (1) TRANSFER OF EASEMENTS SECTION.—Sec8 tion 2668 of title 10, United States Code, is—

9 (A) transferred to appear after section

10 2671 of such title; and

11 (B) redesignated as section 2672 of such

12 title.

13 (2) CONSOLIDATED AUTHORITY.—Section

14 2672, as redesignated by paragraph (1), is

15 amended—

16 (A) in subsection (a)—

17 (i) by inserting ‘‘TYPES OF EASE18 MENTS.—’’ after ‘‘(a)’’;

19 (ii) in the matter preceding paragraph

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

21 Commonwealth, or possession, or political

22 subdivision thereof, or to a citizen, associa23 tion, partnership, or corporation of a

24 State, Territory, Commonwealth, or pos25 session,’’;
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1 (iii) in paragraph (2), by striking ‘‘oil

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

3 sewer, and oil pipe lines’’; and

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

5 except a purpose covered by section 2669

6 of this title’’;

7 (B) in subsection (b), by inserting ‘‘LIMI8 TATION ON SIZE.—’’ after ‘‘(b)’’;

9 (C) in subsection (c), by inserting ‘‘TERMI10 NATION.—’’ after ‘‘(c)’’;

11 (D) in subsection (d), by inserting ‘‘NO12 TICE TO DEPARTMENT OF THE INTERIOR.—’’

13 after ‘‘(d)’’; and

14 (E) in subsection (e), by inserting ‘‘DIS15 POSITION OF CONSIDERATION.—’’ after ‘‘(e)’’.

16 (b) REPEAL OF OBSOLETE AUTHORITY.—Section

17 2669 of such title is repealed.

18 (c) CONFORMING AMENDMENTS.—The table of sec19 tions at the beginning of chapter 159 of such title is

20 amended—

21 (1) by striking the items relating to sections

22 2668 and 2669; and

23 (2) by inserting after the item relating to sec24 tion 2671 the following new item:

‘‘2672. Easements for rights-of-way.’’.
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1 SEC. 2822. AUTHORITY TO GRANT RESTRICTIVE EASE2 MENTS FOR CONSERVATION AND ENVIRON3 MENTAL RESTORATION PURPOSES.

4 (a) AUTHORITY TO GRANT RESTRICTIVE EASE5 MENTS.—Chapter 159 of title 10, United States Code, as

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

7 by inserting after section 2672 of such title the following

8 new section:

9 ‘‘§ 2672a. Authority to grant restrictive easements

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

11 Secretary of a military department finds that it will be

12 in the public interest, the Secretary may, subject to para13 graph (2), grant, upon such terms as the Secretary con14 siders advisable and with the consent of an entity de15 scribed in subparagraph (B), a restrictive easement to

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

17 transferred by deed by that department restricting future

18 uses of the property for a conservation purpose consistent

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

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

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

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

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

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

25 Code of 1986 (26 U.S.C. 170(h)).
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1 ‘‘(2) An easement under paragraph (1) shall not be

2 granted unless the Secretary of the military department

3 concerned determines that—

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

5 be effectively achieved through the application of

6 State law by units of State or local government

7 without granting such easement;

8 ‘‘(B) the jurisdiction that encompasses the

9 property authorizes such easement; and

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

11 party the responsibility for monitoring and enforcing

12 such easement.

13 ‘‘(b) ENVIRONMENTAL EASEMENTS.—If the Sec14 retary of a military department finds that it will be in

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

16 terms as the Secretary considers advisable and with the

17 consent of a State or local government, a restrictive ease18 ment to such government over, in, and upon any real prop19 erty that is transferred by deed by that department re20 stricting future uses of the property to ensure the contin21 ued effectiveness of any environmental restoration func22 tion on the property conducted pursuant to chapter 160

23 of this title.
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1 ‘‘(c) LIMITATIONS.—(1) No easement granted under

2 this section may include more land than is necessary for

3 the easement.

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

5 without consideration from the recipient.

6 ‘‘(3) Nothing in this section shall alter the respon7 sibilities of any party under Federal or State environ8 mental laws.’’.

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

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

11 2821 of this Act, is further amended by inserting after

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

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

13 SEC. 2823. CONSOLIDATION OF PROVISIONS RELATING TO

14 TRANSFERS OF REAL PROPERTY WITHIN THE

15 DEPARTMENT OF DEFENSE AND TO OTHER

16 FEDERAL AGENCIES.

17 (a) CONSOLIDATION AND RESTATEMENT OF AU18 THORITY ON INTERCHANGE, TRANSFER, AND SCREENING

19 OF DEPARTMENT OF DEFENSE REAL PROPERTY.—Sec20 tion 2696 of title 10, United States Code, is amended to

21 read as follows:
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1 ‘‘§ 2696. Real property: transfer between armed

2 forces; screening for transfer or convey3 ance

4 ‘‘(a) TRANSFER BETWEEN ARMED FORCES.—If ei5 ther of the Secretaries concerned requests it and the other

6 approves, real property may be transferred, without com7 pensation, from one armed force to another.

8 ‘‘(b) SCREENING AND CONVEYANCE OF PROPERTY

9 FOR CORRECTIONAL FACILITIES PURPOSES.—(1) Except

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

11 facility of the United States that is under the jurisdiction

12 of any department, agency, or instrumentality of the De13 partment of Defense is determined to be excess to the

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

15 Secretary of Defense shall—

16 ‘‘(A) provide adequate notification of the avail17 ability of such real property or facility within the

18 Department of Defense;

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

20 available after such notification, notify the Attorney

21 General of its availability; and

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

23 Secretary that a determination has been made by

24 the Director of the Bureau of Justice Assistance

25 within the Department of Justice to utilize such real

26 property or facility under the correctional options
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1 program carried out under section 515 of title I of

2 the Omnibus Crime Control and Safe Streets Act of

3 1968 (42 U.S.C. 3762a), convey such real property

4 or facility, without reimbursement, to a public agen5 cy referred to in paragraph (1) or (3) of subsection

6 (a) of such section for such utilization.

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

8 during any portion of a fiscal year after four conveyances

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

10 ‘‘(c) SCREENING FOR FURTHER FEDERAL USE BE11 FORE CONVEYANCE TO NON-FEDERAL ENTITIES.—(1)

12 The Secretary concerned may not convey real property

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

14 or without consideration, by any provision of law unless

15 the Administrator has screened the property for further

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

17 title III of the Federal Property and Administrative Serv18 ices Act of 1949 (41 U.S.C. 251 et seq.).

19 ‘‘(2)(A) Before the end of the 30-day period begin20 ning on the date of the enactment of a provision of law

21 authorizing or requiring the conveyance of a parcel of real

22 property by the Secretary concerned, the Administrator of

23 General Services shall complete the screening referred to

24 in paragraph (1) with regard to the real property and no-
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1 tify the Secretary concerned and Congress of the results

2 of the screening. The notice shall include—

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

4 transfer of the property;

5 ‘‘(ii) the proposed use to be made of the prop6 erty by the Federal agency; and

7 ‘‘(iii) the fair market value of the property, in8 cluding any improvements thereon, as estimated by

9 the Administrator.

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

11 screening and notify the Secretary concerned and Con12 gress within such period, the Secretary concerned shall

13 proceed with the conveyance of the real property as pro14 vided in the provision of law authorizing or requiring the

15 conveyance.

16 ‘‘(3) If the Administrator submits notice under para17 graph (2)(A) that further Federal use of a parcel of real

18 property is requested by a Federal agency, the Secretary

19 concerned may not proceed with the conveyance of the

20 property as provided in the provision of law authorizing

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

22 period beginning on the date on which the notice is sub23 mitted to Congress.
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1 ‘‘(4) The screening requirements of this subsection

2 shall not apply to real property authorized or required to

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

4 ‘‘(A) A base closure law.

5 ‘‘(B) Chapter 5 of title 40.

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

7 or requiring the transfer of administrative jurisdic8 tion over a parcel or real property between Federal

9 agencies.’’.

10 (b) CONFORMING AMENDMENTS.—

11 (1) CONFORMING AMENDMENTS TO AUTHORITY

12 ON INTERCHANGE OF PROPERTY AND SERVICES.—

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

14 striking ‘‘and real property’’.

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

16 read as follows:

17 ‘‘§ 2571. Interchange of supplies and services’’.

18 (2) REPEAL OF SUPERSEDED AUTHORITY ON

19 SCREENING AND TRANSFER FOR CORRECTIONAL

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

21 (c) CLERICAL AMENDMENTS.—(1) The table of sec22 tions at the beginning of chapter 153 of such title is

23 amended by striking the item relating to section 2571 and

24 inserting the following new item:

‘‘2571. Interchange of supplies and services.’’.
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1 (2) The table of sections at the beginning of chapter

2 159 of such title is amended—

3 (A) by striking the item relating to section

4 2693; and

5 (B) by striking the item relating to section

6 2696 and inserting the following new item:

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

conveyance.’’.

7 SEC. 2824. AUTHORITY TO USE EXCESS PROPERTY AS EX8 CHANGE UNDER AGREEMENTS TO LIMIT EN9 CROACHMENTS ON MILITARY TRAINING,

10 TESTING, AND OPERATIONS.

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

12 amended—

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

14 inserting ‘‘CONSIDERATION’’; and

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

16 paragraph:

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

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

19 the Department of Defense may be used by way of ex20 change to enter into an agreement under this section, but

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

22 installation that is the subject of the agreement.’’.
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1 SEC. 2825. MODIFICATION OF UTILITY SYSTEM AUTHORITY

2 AND RELATED REPORTING REQUIREMENTS.

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

4 amended by section 2823 of the Military Construction Au5 thorization Act for Fiscal Year 2006 (Public Law 109–

6 163), is further amended—

7 (1) in subsection (a)(2)(A)—

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

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

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

11 (2) in subsection (d)—

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

13 years’’ and inserting ‘‘50 years’’; and

14 (B) in paragraph (2)—

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

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

17 follows through the period at the end and

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

19 and

20 (ii) in the second sentence, by striking

21 ‘‘shall include’’ and all that follows

22 through the period at the end and insert23 ing ‘‘shall include an explanation of the

24 term of the contract.’’.
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1 SEC. 2826. INCREASE IN AUTHORIZED MAXIMUM LEASE

2 TERM FOR CERTAIN STRUCTURES AND REAL

3 PROPERTY RELATING TO STRUCTURES IN

4 FOREIGN COUNTRIES.

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

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

7 years’’.

8 SEC. 2827. MODIFICATION OF LAND TRANSFER AUTHORITY,

9 POTOMAC ANNEX, DISTRICT OF COLUMBIA.

10 Section 2831 of the National Defense Authorization

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

12 2795) is amended by striking ‘‘consisting of approximately

13 3 acres’’ and inserting ‘‘consisting of approximately 4

14 acres and containing two buildings, known as building 6

15 and building 7’’.

16 SEC. 2828. REPORTS ON ARMY TRAINING RANGES.

17 (a) LIMITATION.—The Secretary of the Army may

18 not carry out any acquisition of real property to expand

19 the Pinon Canyon Maneuver Site at Fort Carson, Colo20 rado until 30 days after the Secretary submits the report

21 required under subsection (b).

22 (b) REPORT ON PINON CANYON MANEUVER SITE.—

23 (1) IN GENERAL.—Not later than November

24 30, 2006, the Secretary of the Army shall submit to

25 the congressional defense committees a report con26 taining an analysis of any potential expansion of the
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1 military training range at the Pinon Canyon Maneu2 ver Site at Fort Carson, Colorado.

3 (2) CONTENT.—The report required under

4 paragraph (1) shall include the following informa5 tion:

6 (A) A description of the Army’s current

7 and projected military requirements for training

8 at the Pinon Canyon Maneuver Site.

9 (B) An analysis of the reasons for any

10 changes in those requirements, including the ex11 tent to which they are a result of the increase

12 of military personnel due to the 2005 round of

13 defense base closure and realignment, the con14 version of Army brigades to a modular format,

15 or the Integrated Global Presence and Basing

16 Strategy.

17 (C) A proposed plan for addressing those

18 requirements, including a description of any

19 proposed expansion of the existing training

20 range by acquiring privately held land sur21 rounding the site and an analysis of alternative

22 approaches that do not require expansion of the

23 training range.
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1 (D) If an expansion of the training range

2 is recommended pursuant to subparagraph (C),

3 the following information:

4 (i) An assessment of the economic im5 pact on local communities of such acquisi6 tion.

7 (ii) An assessment of the environ8 mental impact of expanding the Pinon

9 Canyon Maneuver Site.

10 (iii) An estimate of the costs associ11 ated with the potential expansion, includ12 ing land acquisition, range improvements,

13 installation of utilities, environmental res14 toration, and other environmental activities

15 in connection with the acquisition.

16 (iv) An assessment of options for com17 pensating local communities for the loss of

18 property tax revenue as a result of the ex19 pansion of Pinon Canyon Maneuver Site.

20 (v) An assessment of whether the ac21 quisition of additional land at the Pinon

22 Canyon Maneuver Site can be carried out

23 by the Secretary solely through trans24 actions, including land exchanges and the
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1 lease or purchase of easements, with will2 ing sellers of the privately held land.

3 (c) REPORT ON EXPANSION OF ARMY TRAINING

4 RANGES.—

5 (1) IN GENERAL.—Not later than February 1,

6 2007, the Secretary of the Army shall submit to the

7 congressional defense committees a report containing

8 an assessment of the training ranges operated by the

9 Army to support major Army units.

10 (2) CONTENT.—The report required under

11 paragraph (1) shall include the following informa12 tion:

13 (A) The size, description, and mission es14 sential training tasks supported by each such

15 Army training range during fiscal year 2003.

16 (B) A description of the projected changes

17 in training range requirements, including the

18 size, characteristics, and attributes for mission

19 essential training of each range and the extent

20 to which any changes in requirements are a re21 sult of the 2005 round of defense base closure

22 and realignment, the conversion of Army bri23 gades to a modular format, or the Integrated

24 Global Presence and Basing Strategy.
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1 (C) The projected deficit or surplus of

2 training land at each such range, and a descrip3 tion of the Army’s plan to address that pro4 jected deficit or surplus of land as well as the

5 upgrade of range attributes at each existing

6 training range.

7 (D) A description of the Army’s

8 prioritization process and investment strategy

9 to address the potential expansion or upgrade

10 of training ranges.

11 (E) An analysis of alternatives to the ex12 pansion of Army ranges to include an assess13 ment of the joint use of ranges operated by

14 other services.

15 SEC. 2829. USE OF RENEWABLE ENERGY TO MEET ELEC16 TRICITY NEEDS.

17 It shall be the goal of the Department of Defense to

18 ensure that the Department—

19 (1) produces or procures not less than 25 per20 cent of the total quantity of electric energy it con21 sumes within its facilities and in its activities during

22 fiscal year 2025 and each fiscal year thereafter from

23 renewable energy sources (as defined in section

24 203(b) of the Energy Policy Act of 2005 (42 U.S.C.

25 15852(b)); and
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1 (2) produces or procures such renewable energy

2 when it is life-cycle cost effective to do so (as defined

3 in section 708 of Executive Order 13123 (42 U.S.C.

4 8251 note; relating to greening the Government

5 through efficient energy management)).

6 SEC. 2830. NAMING OF NAVY AND MARINE CORPS RESERVE

7 CENTER AT ROCK ISLAND, ILLINOIS, IN

8 HONOR OF LANE EVANS, A MEMBER OF THE

9 HOUSE OF REPRESENTATIVES.

10 DESIGNATION.—The Navy and Marine Corps Re11 serve Center at Rock Island Arsenal, Illinois, shall be

12 known and designated as the ‘‘Lane Evans Navy and Ma13 rine Corps Reserve Center’’. Any reference in a law, map,

14 regulation, document, paper, or other record of the United

15 States to the Navy and Marine Corps Reserve Center at

16 Rock Island Arsenal shall be deemed to be a reference to

17 the Lane Evans Navy and Marine Corps Reserve Center.

18 Subtitle C—Base Closure and

19 Realignment

20 SEC. 2831. DEFENSE ECONOMIC ADJUSTMENT PROGRAM:

21 RESEARCH AND TECHNICAL ASSISTANCE.

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

23 amended by inserting after subsection (b) the following

24 new subsection:
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1 ‘‘(c) RESEARCH AND TECHNICAL ASSISTANCE.—(1)

2 The Secretary of Defense may make grants, conclude co3 operative agreements, and enter into contracts in order

4 to conduct research and technical assistance in support

5 of activities under this section or Executive Order 12788.

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

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

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

9 SEC. 2832. EXTENSION OF ELIGIBILITY FOR COMMUNITY

10 PLANNING ASSISTANCE RELATED TO CER11 TAIN MILITARY FACILITIES NOT UNDER DE12 PARTMENT OF DEFENSE JURISDICTION.

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

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

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

16 (b)(1)(D), a ‘military installation’ may also include a mili17 tary facility owned and operated by a State, the District

18 of Columbia, the Commonwealth of Puerto Rico, American

19 Samoa, the Virgin Islands, or Guam even though such fa20 cility is not under the jurisdiction of the Department of

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

22 training by the armed forces.’’.
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1 SEC. 2833. MODIFICATION OF DEPOSIT REQUIREMENTS IN

2 CONNECTION WITH LEASE PROCEEDS RE3 CEIVED AT MILITARY INSTALLATIONS AP4 PROVED FOR CLOSURE OR REALIGNMENT

5 AFTER JANUARY 1, 2005.

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

7 amended—

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

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

10 installation to be closed or realigned under a base

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

12 January 1, 2005,’’; and

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

14 paragraph:

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

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

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

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

19 shall be deposited into the account established under sec20 tion 2906A(a) of the Defense Base Closure and Realign21 ment Act of 1990 (part A of title XXIX of Public Law

22 101–510; 10 U.S.C. 2687 note).’’.
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1 SEC. 2834. REPORT ON AIR FORCE AND AIR NATIONAL

2 GUARD BASES AFFECTED BY 2005 ROUND OF

3 DEFENSE BASE CLOSURE AND REALIGN4 MENT.

5 (a) REPORT.—Not later than January 1, 2007, the

6 Secretary of the Air Force shall submit to Congress a re7 port on planning by the Department of the Air Force for

8 future roles and missions for active and Air National

9 Guard personnel and installations affected by decisions of

10 the 2005 round of defense base closure and realignment.

11 (b) CONTENT.—The report required under subsection

12 (a) shall include—

13 (1) an assessment of the capabilities, character14 istics, and capacity of the facilities, infrastructure,

15 and authorized personnel at each affected base;

16 (2) a description of the planning process used

17 by the Air Force to determine future roles and mis18 sions at active and Air National Guard bases af19 fected by the decisions of the 2005 round of defense

20 base closure and realignment, including an analysis

21 of alternatives for installations to support each fu22 ture role or mission;

23 (3) a description of the future roles and mis24 sions under consideration for each active and Air

25 National Guard base and an explanation of the cri26 teria and decision-making process to make final de-
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1 cisions about future roles and missions for each

2 base; and

3 (4) a timeline for decisions on the final deter4 mination of future roles and missions for each active

5 and Air National Guard base affected by the deci6 sions of the 2005 round of defense base closure and

7 realignment.

8 (c) BASES COVERED.—The report required under

9 subsection (a) shall include information on each active and

10 Air National Guard base at which the number of aircraft,

11 weapon systems, or functions is proposed to be reduced

12 or eliminated and to any installation that was considered

13 as a potential receiving location for the realignment of air14 craft, weapons systems, or functions.

15 Subtitle D—Land Conveyances

16 SEC. 2841. LAND CONVEYANCE, RADFORD ARMY AMMUNI17 TION PLANT, VIRGINIA.

18 (a) CONVEYANCE AUTHORIZED.—The Secretary of

19 the Army may convey, without consideration, to the Com20 monwealth of Virginia (in this section referred to as the

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

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

23 improvements thereon, consisting of approximately 80

24 acres at Radford Army Ammunition Plant, New River

25 Unit, Virginia, for the purpose of permitting the Common-
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1 wealth to establish on the property a cemetery operated

2 by the Commonwealth for veterans of the Armed Forces.

3 (b) REVERSIONARY INTEREST.—If the Secretary de4 termines at any time that the real property conveyed

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

6 the purpose of the conveyance specified in such subsection,

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

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

9 and the United States shall have the right of immediate

10 entry onto the property. Any determination of the Sec11 retary under this subsection shall be made on the record

12 after an opportunity for a hearing.

13 (c) PAYMENT OF COSTS OF CONVEYANCE.—

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

15 may require the Commonwealth to cover costs to be

16 incurred by the Secretary, or to reimburse the Sec17 retary for costs incurred by the Secretary, to carry

18 out the conveyance under subsection (a), including

19 survey costs, costs related to environmental docu20 mentation, and other administrative costs related to

21 the conveyance. If amounts are collected from the

22 Commonwealth in advance of the Secretary incur23 ring the actual costs, and the amount collected ex24 ceeds the costs actually incurred by the Secretary to
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1 carry out the conveyance, the Secretary shall refund

2 the excess amount to the Commonwealth.

3 (B) The authority of the Secretary to require

4 the Commonwealth to cover administrative costs re5 lated to the conveyance does not include costs re6 lated to any environmental remediation required for

7 the property.

8 (2) TREATMENT OF AMOUNTS RECEIVED.—

9 Amounts received as reimbursement under para10 graph (1) shall be credited to the fund or account

11 that was used to cover the costs incurred by the Sec12 retary in carrying out the conveyance. Amounts so

13 credited shall be merged with amounts in such fund

14 or account and shall be available for the same pur15 poses, and subject to the same conditions and limita16 tions, as amounts in such fund or account.

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

18 and legal description of the real property to be conveyed

19 under subsection (a) shall be determined by a survey satis20 factory to the Secretary.

21 (e) ADDITIONAL TERMS AND CONDITIONS.—The

22 Secretary may require such additional terms and condi23 tions in connection with the conveyance under subsection

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

25 interests of the United States.
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1 SEC. 2842. MODIFICATIONS TO LAND CONVEYANCE AU2 THORITY, ENGINEERING PROVING GROUND,

3 FORT BELVOIR, VIRGINIA.

4 (a) CONSTRUCTION OF SECURITY BARRIER.—Section

5 2836 of the Military Construction Authorization Act for

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

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

8 Construction Authorization Act for Fiscal Year 2006 (di9 vision B of Public Law 109–163; 119 Stat. 3527), is fur10 ther amended—

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

12 ‘‘$3,880,000’’ and inserting ‘‘$4,880,000’’; and

13 (2) in subsection (d)—

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

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

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

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

18 ‘‘Building 191’’ the following: ‘‘and the con19 struction of a security barrier, as applicable’’.

20 (b) AUTHORITY TO ENTER INTO ALTERNATIVE

21 AGREEMENT FOR DESIGN AND CONSTRUCTION OF FAIR22 FAX COUNTY PARKWAY PORTION.—Such section 2836 is

23 further amended—

24 (1) in subsection (b)—

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

26 follows:
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1 ‘‘(1) except as provided in subsection (f), design

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

3 the portion of the Fairfax County Parkway through

4 the Engineer Proving Ground (in this section re5 ferred to as the ‘Parkway portion’);’’; and

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

7 ‘‘C514’’ the following: ‘‘, RW–214 (in this sec8 tion referred to as ‘Parkway project’)’’;

9 (2) by redesignating subsection (f) as sub10 section (g);

11 (3) by inserting after subsection (e) the fol12 lowing new subsection:

13 ‘‘(f) ALTERNATE AGREEMENT FOR CONSTRUCTION

14 OF ROAD.—(1) The Secretary of the Army may, in con15 nection with the conveyance authorized under subsection

16 (a), enter into an agreement with the Commonwealth pro17 viding for the design and construction by the Department

18 of the Army or the United States Department of Trans19 portation of the Parkway portion and other portions of

20 the Fairfax County Parkway off the Engineer Proving

21 Ground that are necessary to complete the Parkway

22 project (in this subsection referred to as the ‘alternate

23 agreement’) if the Secretary determines that the alternate

24 agreement is in the best interests of the United States

25 to support the permanent relocation of additional military
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1 and civilian personnel at Fort Belvoir pursuant to deci2 sions made as part of the 2005 round of defense base clo3 sure and realignment under the Defense Base Closure and

4 Realignment Act of 1990 (part A of title XXIX of Public

5 Law 101–510; 10 U.S.C. 2687 note).

6 ‘‘(2) If the Secretary of Defense certifies that the

7 Parkway portion is important to the national defense pur8 suant to section 210 of title 23, United States Code, the

9 Secretary of the Army may enter into an agreement with

10 the Secretary of Transportation to carry out the alternate

11 agreement under the Defense Access Road Program.

12 ‘‘(3) The Commonwealth shall pay to the Secretary

13 of the Army the costs of the design and construction of

14 the Parkway portion and any other portions of the Fairfax

15 County Parkway off the Engineer Proving Ground de16 signed and constructed under the alternate agreement.

17 The Secretary shall apply such payment to the design and

18 construction provided for in the alternate agreement.

19 ‘‘(4) The Secretary may carry out environmental res20 toration activities on real property under the jurisdiction

21 of the Secretary in support of the construction of the

22 Parkway portion with funds appropriated for that pur23 pose.

24 ‘‘(5) The alternate agreement shall be subject to the

25 following conditions:
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1 ‘‘(A) The Commonwealth shall acquire and re2 tain all necessary right, title, and interest in any

3 real property not under the jurisdiction of the Sec4 retary that is necessary for construction of the Park5 way portion or for construction of any other portions

6 of the Fairfax County Parkway off the Engineer

7 Proving Ground that will be constructed under the

8 alternate agreement, and shall grant to the United

9 States all necessary access to and use of such prop10 erty for such construction.

11 ‘‘(B) With respect to activities related to the

12 construction of any portion of the Fairfax County

13 Parkway off the Engineer Proving Ground that is

14 not owned by the Federal Government, the Secretary

15 of the Army shall not be considered an owner or op16 erator for purposes of the Comprehensive Environ17 mental Response, Compensation, and Liability Act

18 of 1980 (42 U.S.C. 9601 et seq.).

19 ‘‘(C) The Secretary shall receive consideration

20 from the Commonwealth as required in subsections

21 (b)(2), (b)(3), and (b)(4) and shall carry out the ac22 ceptance and disposition of funds in accordance with

23 subsection (d).

24 ‘‘(6) The design of the Parkway portion under the

25 alternate agreement shall be subject to the approval of the
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1 Secretary and the Commonwealth in accordance with the

2 Virginia Department of Transportation Approved Plan,

3 dated June 15, 2004, Project #R000–029–249, PE–108,

4 C–514, RW–214. For each phase of the design and con5 struction of the Parkway portion under the alternate

6 agreement, the Secretary may—

7 ‘‘(A) accept funds from the Commonwealth; or

8 ‘‘(B) transfer funds received from the Common9 wealth to the United States Department of Trans10 portation.

11 ‘‘(7) Upon completion of the construction of the

12 Parkway portion and any other portions of the Fairfax

13 County Parkway off the Engineer Proving Ground re14 quired under the alternate agreement, the Secretary shall

15 carry out the conveyance under subsection (a). As a condi16 tion of such conveyance carried out under the alternate

17 agreement, the Secretary shall receive a written commit18 ment, in a form satisfactory to the Secretary, that the

19 Commonwealth agrees to accept all responsibility for the

20 costs of operation and maintenance of the Parkway por21 tion upon conveyance to the Commonwealth of such real

22 property.’’; and

23 (4) in subsection (g), as redesignated by para24 graph (2), by inserting ‘‘or the alternate agreement
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1 authorized under subsection (f)’’ after ‘‘conveyance

2 under subsection (a)’’.

3 SEC. 2843. LAND CONVEYANCES, OMAHA, NEBRASKA.

4 (a) CONVEYANCES AUTHORIZED.—

5 (1) ARMY CONVEYANCE.—The Secretary of the

6 Army may convey to the Metropolitan Community

7 College Area, a public community college located in

8 Omaha, Nebraska (in this section referred to as the

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

10 States in and to three parcels of real property under

11 the control of the Army Reserve, including any im12 provements thereon, consisting of approximately

13 5.42 acres on the Fort Omaha campus at the Col14 lege, for educational purposes.

15 (2) NAVY CONVEYANCE.—The Secretary of the

16 Navy may convey to the College all right, title, and

17 interest of the United States in and to a parcel of

18 real property under the control of the Navy Reserve

19 and Marine Corps Reserve, including any improve20 ments thereon, consisting of approximately 6.57

21 acres on the Fort Omaha campus at the College, for

22 educational purposes.

23 (b) CONSIDERATION.—

24 (1) IN GENERAL.—As consideration for each

25 conveyance under subsection (a), the College shall
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1 provide the United States, whether by cash payment,

2 in-kind consideration, or a combination thereof, an

3 amount that is not less than the fair market value

4 of the conveyed property, as determined pursuant to

5 an appraisal acceptable to the Secretary concerned.

6 (2) REDUCED TUITION RATES.—The Secretary

7 concerned may accept as in-kind consideration under

8 paragraph (1) reduced tuition rates for military per9 sonnel at the College.

10 (c) PAYMENT OF COSTS OF CONVEYANCES.—

11 (1) PAYMENT REQUIRED.—The Secretary con12 cerned shall require the College to cover costs to be

13 incurred by the Secretary, or to reimburse the Sec14 retary for costs incurred by the Secretary to carry

15 out a conveyance under subsection (a), including

16 survey costs, related to the conveyance. If amounts

17 are collected from the College in advance of the Sec18 retary incurring the actual costs, and the amount

19 collected exceeds the costs actually incurred by the

20 Secretary to carry out the conveyance, the Secretary

21 shall refund the excess amount to the College.

22 (2) TREATMENT OF AMOUNTS RECEIVED.—

23 Amounts received under paragraph (1) as reim24 bursement for costs incurred by the Secretary con25 cerned to carry out a conveyance under subsection
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1 (a) shall be credited to the fund or account that was

2 used to cover the costs incurred by the Secretary in

3 carrying out the conveyance. Amounts so credited

4 shall be merged with amounts in such fund or ac5 count and shall be available for the same purposes,

6 and subject to the same conditions and limitations,

7 as amounts in such fund or account.

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

9 and legal description of the real property to be conveyed

10 under subsection (a) shall be determined by surveys satis11 factory to the Secretaries concerned.

12 (e) ADDITIONAL TERMS AND CONDITIONS.—The

13 Secretary concerned may require such additional terms

14 and conditions in connection with the conveyances under

15 subsection (a) as the Secretary considers appropriate to

16 protect the interests of the United States.

17 Subtitle E—Other Matters

18 SEC. 2851. RICKENBACKER AIRPORT, COLUMBUS, OHIO.

19 The project numbered 4651 in section 1702 of the

20 Safe, Accountable, Flexible, Efficient Transportation Eq21 uity Act: A Legacy for Users (119 Stat. 1434) is amended

22 by striking ‘‘Grading, paving’’ and all that follows through

23 ‘‘Airport’’ and inserting ‘‘Grading, paving, roads, and the

24 transfer of rail-to-truck for the intermodal facility at Rick25 enbacker Airport, Columbus, Ohio’’.
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1 SEC. 2852. HIGHWAY PROJECTS, DETROIT, MICHIGAN.

2 (a) HIGH PRIORITY PROJECT.—The table contained

3 in section 1702 of the Safe, Accountable, Flexible, Effi4 cient Transportation Equity Act: A Legacy for Users (119

5 Stat. 1256) is amended in the item numbered 4333 (119

6 Stat. 1422) by striking ‘‘Plan and construct, land acquisi7 tion, Detroit West Riverfront Greenway’’ and inserting

8 ‘‘Detroit Riverfront Conservancy, Riverfront walkway,

9 greenway, and adjacent land planning, construction, and

10 land acquisition from Gabriel Richard Park at the Doug11 las Mac Arthur Bridge to Riverside Park at the Ambas12 sador Bridge, Detroit’’.

13 (b) TRANSPORTATION IMPROVEMENT PROJECT.—

14 The table contained in section 1934(c) of the Safe, Ac15 countable, Flexible, Efficient Transportation Equity Act:

16 A Legacy for Users (119 Stat. 1485) is amended in the

17 item numbered 196 (119 Stat. 1495) by striking ‘‘Detroit

18 Riverfront Conservancy, West Riverfront Walkway,

19 Greenway and Adjacent Land Acquisition, from River20 front Towers to Ambassador Bridge, Detroit’’ and insert21 ing ‘‘Detroit Riverfront Conservancy, Riverfront walkway,

22 greenway, and adjacent land planning, construction, and

23 land acquisition from Gabriel Richard Park at the Doug24 las Mac Arthur Bridge to Riverside Park at the Ambas25 sador Bridge, Detroit’’.
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1 SEC. 2853. FOX POINT HURRICANE BARRIER, PROVIDENCE,

2 RHODE ISLAND.

3 (a) DEFINITIONS.—In this section:

4 (1) The term ‘‘Barrier’’ means the Fox Point

5 Hurricane Barrier, Providence, Rhode Island.

6 (2) The term ‘‘City’’ means the city of Provi7 dence, Rhode Island.

8 (3) The term ‘‘Secretary’’ means the Secretary

9 of the Army, acting through the Chief of Engineers.

10 (b) RESPONSIBILITY FOR BARRIER.—Not later than

11 2 years after the date of enactment of this Act, the Sec12 retary shall assume responsibility for the annual operation

13 and maintenance of the Barrier.

14 (c) REQUIRED STRUCTURES.—

15 (1) IN GENERAL.—The City, in coordination

16 with the Secretary, shall identify any land and struc17 tures required for the continued operation and main18 tenance, repair, replacement, rehabilitation, and

19 structural integrity of the Barrier.

20 (2) CONVEYANCE.—The City shall convey to

21 the Secretary, by quitclaim deed and without consid22 eration, all rights, title, and interests of the City in

23 and to the land and structures identified under

24 paragraph (1).

25 (d) AUTHORIZATION OF APPROPRIATIONS.—There

26 are authorized to be appropriated to the Secretary such
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1 funds as are necessary for each fiscal year to operate and

2 maintain the Barrier (including repair, replacement, and

3 rehabilitation).

4 SEC. 2854. LAND CONVEYANCE, HOPKINTON, NEW HAMP5 SHIRE.

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of

7 the Army may convey to the Town of Hopkinton, New

8 Hampshire (in this section referred to as the ‘‘Town’’),

9 all right, title, and interest of the United States in and

10 to a parcel of real property, including any improvements

11 thereon, consisting of approximately 90 acres located at

12 a site in Hopkinton, New Hampshire, known as the ‘‘Kast

13 Hill’’ property for the purpose of permitting the Town to

14 use the existing sand and gravel resources on the property

15 and to ensure perpetual conservation of the property.

16 (b) CONSIDERATION.—

17 (1) IN GENERAL.—As consideration for the con18 veyance under subsection (a), the Town shall, sub19 ject to paragraph (2), provide to the United States,

20 whether by cash payment, in-kind consideration, or

21 a combination thereof, an amount that is not less

22 than the fair market value of the conveyed property,

23 as determined pursuant to an appraisal acceptable

24 to the Secretary.
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1 (2) WAIVER OF PAYMENT OF CONSIDER2 ATION.—The Secretary may waive the requirement

3 for consideration under paragraph (1) if the Sec4 retary determines that the Town will not use the ex5 isting sand and gravel resources to generate revenue.

6 (c) REVERSIONARY INTEREST.—If the Secretary de7 termines at any time that the real property conveyed

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

9 the purpose of the conveyance specified in such subsection,

10 all right, title, and interest in and to all or any portion

11 of the property shall revert, at the option of the Secretary,

12 to the United States, and the United States shall have

13 the right of immediate entry onto the property. Any deter14 mination of the Secretary under this subsection shall be

15 made on the record after an opportunity for a hearing.

16 (d) PROHIBITION ON RECONVEYANCE OF LAND.—

17 The Town may not reconvey any of the land acquired from

18 the United States under subsection (a) without the prior

19 approval of the Secretary.

20 (e) PAYMENT OF COSTS OF CONVEYANCE.—

21 (1) PAYMENT REQUIRED.—The Secretary shall

22 require the Town to cover costs to be incurred by

23 the Secretary, or to reimburse the Secretary for

24 costs incurred by the Secretary, to carry out the

25 conveyance under subsection (a), including survey
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1 costs, costs related to environmental documentation,

2 and other administrative costs related to the convey3 ance. If amounts are collected from the Town in ad4 vance of the Secretary incurring the actual costs,

5 and the amount collected exceeds the costs actually

6 incurred by the Secretary to carry out the convey7 ance, the Secretary shall refund the excess amount

8 to the Town.

9 (2) TREATMENT OF AMOUNTS RECEIVED.—

10 Amounts received as reimbursement under para11 graph (1) shall be credited to the fund or account

12 that was used to cover the costs incurred by the Sec13 retary in carrying out the conveyance. Amounts so

14 credited shall be merged with amounts in such fund

15 or account and shall be available for the same pur16 poses, and subject to the same conditions and limita17 tions, as amounts in such fund or account.

18 (f) DESCRIPTION OF PROPERTY.—The exact acreage

19 and legal description of the real property to be conveyed

20 under subsection (a) shall be determined by a survey satis21 factory to the Secretary.

22 (g) ADDITIONAL TERMS AND CONDITIONS.—The

23 Secretary may require such additional terms and condi24 tions in connection with the conveyance of real property
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1 under subsection (a) as the Secretary consider appropriate

2 to protect the interests of the United States.

3 SEC. 2855. FEDERAL FUNDING FOR FIXED GUIDEWAY

4 PROJECTS.

5 The Federal Transit Administration’s Dear Colleague

6 letter dated April 29, 2005 (C–05–05), which requires

7 fixed guideway projects to achieve a ‘‘medium’’ cost-effec8 tiveness rating for the Federal Transit Administration to

9 recommend such projects for funding, shall not apply to

10 the Northstar Corridor Commuter Rail Project in Min11 nesota.

Passed the Senate June 22, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 2768

AN ACT

To authorize appropriations for fiscal year 2007 for

military construction, and for other purposes.