109TH CONGRESS

1ST SESSION S. 1044

AN ACT

To authorize appropriations for fiscal year 2006 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 2006’’.
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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.

Sec. 2105. Construction of battalion dining facilities, Fort Knox, Kentucky.

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 2005

projects.

Sec. 2206. Modification of authority to carry out certain fiscal year 2004

project.

TITLE XXIII—AIR FORCE

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

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.

Sec. 2602. Specific authorized Army National Guard construction projects.

Sec. 2603. Construction of facilities, New Castle County Airport Air Guard

Base, Delaware.

Sec. 2604. Construction of maintenance hangar, New Castle County Airport

Air Guard Base, Delaware.
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Sec. 2605. National Guard construction projects.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

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

by law.

Sec. 2702. Extension of authorizations of certain fiscal year 2003 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 2002 projects.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Increase in thresholds for unspecified minor military construction

projects.

Sec. 2802. Modification of cost variation authority.

Sec. 2803. Department of Defense housing funds.

Sec. 2804. Temporary authority to use minor military construction authority

for construction of child development centers.

Sec. 2805. Inapplicability to child development centers of restriction on authority to acquire or construct ancillary supporting facilities.

Sec. 2806. Authority to carry out exchanges of facilities including associated

utilities, equipment, and furnishings.

Sec. 2807. Increase in number of family housing units in Korea authorized for

lease by the Army at maximum amount.

Subtitle B—Real Property and Facilities Administration

Sec. 2821. Authority to lease non-excess property of Department of Defense

field activities.

Sec. 2822. Modified criteria for agreements to limit encroachments and other

constraints on military training, testing, and operations.

Sec. 2823. Expanded authority to enter into lease-purchase agreements.

Subtitle C—Land Conveyances

PART I—ARMY CONVEYANCES

Sec. 2841. Land conveyance, Helena, Montana.

Sec. 2842. Land conveyance, Army Reserve Center, Bothell, Washington.

Sec. 2843. Land conveyance, Iowa Army Ammunition Plant, Middletown, Iowa.

Part II—Navy Conveyances

Sec. 2851. Land conveyance, Marine Corps Air Station, Miramar, San Diego,

California.

Sec. 2852. Lease of United States Navy Museum facilities at Washington Navy

Yard, District of Columbia.

Part III—Air Force Conveyances

Sec. 2861. Acquisition of build-to-lease family housing at Eielson Air Force

Base, Alaska.

Sec. 2862. Land conveyance, Air Force property, La Junta, Colorado.
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Subtitle D—Other Matters

Sec. 2881. Reorganization and technical improvement of codified laws applicable to real property of the Department of Defense.

Sec. 2882. Report on application of force protection and anti-terrorism standards to leased facilities.

Sec. 2883. Construction at Fort Buchanan, Puerto Rico, for reserve components.

Sec. 2884. Authority to use Papago Park Military Reservation, Arizona, for

general military purposes.

Sec. 2885. One-year extension of Department of Defense laboratory revitalization program.

Sec. 2886. Sense of Congress on establishment of Bakers Creek Memorial.

Sec. 2887. Report on use of ground source heat pumps at Department of Defense facilities.

Sec. 2888. Treatment of Indian Tribal Governments as public entities for purposes of disposal of real property recommended for closure in

July 2003 BRAC Commission Report.

Sec. 2889. Sense of the Senate regarding community impact assistance related

to construction of Navy Landing Field, North Carolina.

Sec. 2890. Designation of William B. Bryant Annex.

Sec. 2891. Required consultation with State and local entities on transportation, housing, and other infrastructure issues related to the

addition of personnel or facilities at military installations as

part of 2005 round of defense base closure and realignment.

Sec. 2892. Sense of the Senate on reversionary interests at Navy homeports.

Sec. 2893. Identification of environmental conditions at military installations

closed or realigned under 2005 round of defense base closure

and realignment.

Sec. 2894. Sense of Congress on limitation on transfer of units from closed and

realigned military installations pending readiness of receiving

locations.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code.
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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 ............................ $4,700,000

Fort Wainwright ........................... $44,660,000

Arizona ................................. Yuma Proving Ground .................. $8,100,000

California .............................. Fort Irwin ..................................... $17,000,000

Concord ......................................... $11,850,000

Colorado ............................... Fort Carson .................................. $70,622,000

Georgia ................................. Fort Benning ................................ $28,211,000

Fort Gillem ................................... $3,900,000

Fort Gordon .................................. $4,550,000

Fort Stewart/Hunter Army Air

Field .......................................... $57,980,000

Hawaii .................................. Pohakuloa Training Area ............. $60,300,000

Schofield Barracks ........................ $53,900,000

Kansas .................................. Fort Riley..................................... $33,900,000

Kentucky.............................. Fort Campbell ............................... $112,875,000

Fort Knox ..................................... $4,600,000

Louisiana .............................. Fort Polk ...................................... $28,887,000

Missouri ................................ Fort Leonard Wood ...................... $17,000,000

New Jersey........................... Picatinny Arsenal ......................... $4,450,000

New York ............................. Fort Drum .................................... $73,350,000

United States Military Academy,

West Point ................................ $4,000,000

North Carolina ..................... Fort Bragg .................................... $289,850,000

Oklahoma ............................. Fort Sill ........................................ $5,850,000

McAlester Army Ammunition

Plant ......................................... $5,400,000

Pennsylvania ........................ Letterkenny Depot ........................ $6,300,000

Texas .................................... Fort Hood ..................................... $46,438,000
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Army: Inside the United States—Continued

State Installation or location Amount

Fort Sam Houston ........................ $7,000,000

Utah ..................................... Dugway Proving Ground .............. $25,000,000

Virginia ................................ Fort A.P. Hill ............................... $2,700,000

Fort Belvoir .................................. $18,000,000

Fort Eustis ................................... $3,100,000

Fort Myer ..................................... $15,200,000

Washington .......................... Fort Lewis .................................... $99,949,000

Total ...................................... $1,189,622,000

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 .................................... $84,081,000

Italy....................................... Pisa .................................................. $5,254,000

Korea ..................................... Camp Humphreys ............................ $99,162,000

Yongpyong ....................................... $1,450,000

Total ................................................ $189,947,000

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:
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Army: Family Housing

State Installation or location Purpose Amount

Alaska ........................... Fort Richardson ................ 117 Units .... $49,000,000

Fort Wainwright ............... 180 Units .... $91,000,000

Arizona ......................... Fort Huachuca .................. 131 Units .... $31,000,000

Yuma Proving Grounds ..... 35 Units ...... $11,200,000

Oklahoma ...................... Fort Sill ............................. 129 Units .... $24,000,000

Virginia ......................... Fort Lee ............................ 96 Units ...... $19,500,000

Fort Monroe ...................... 21 Units ...... $6,000,000

Total .......................... ..................... $231,700,000

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 $17,536,000.

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 $300,400,000.

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, 2005, for military con20 struction, land acquisition, and military family housing
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1 functions of the Department of the Army in the total

2 amount of $2,972,142,000 as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2101(a),

5 $1,012,722,000.

6 (2) For military construction projects outside

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

8 $189,947,000.

9 (3) For unspecified minor military construction

10 projects authorized by section 2805 of title 10,

11 United States Code, $20,000,000.

12 (4) For architectural and engineering services

13 and construction design under section 2807 of title

14 10, United States Code, $163,215,000.

15 (5) For military family housing functions:

16 (A) For construction and acquisition, plan17 ning and design, and improvement of military

18 family housing and facilities, $549,636,000.

19 (B) For support of military family housing

20 (including the functions described in section

21 2833 of title 10, United States Code),

22 $812,993,000.

23 (6) For the construction of phase 2 of a bar24 racks complex at Fort Campbell, Kentucky, author25 ized by section 2101(a) of the Military Construction
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1 Authorization Act for Fiscal Year 2005 (division B

2 of Public Law 108–375; 118 Stat. 2101),

3 $24,650,000.

4 (7) For the construction of phase 3 of the

5 Lewis & Clark instructional facility at Fort Leaven6 worth, Kansas, authorized by section 2101(a) of the

7 Military Construction Authorization Act for Fiscal

8 Year 2004 (division B of Public Law 108–136; 117

9 Stat. 1697), $42,642,000.

10 (8) For the construction of phase 2 of trainee

11 barracks basic training complex 1 at Fort Knox,

12 Kentucky, authorized by section 2101(a) of the Mili13 tary Construction Authorization Act for Fiscal Year

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

15 2101), $21,000,000.

16 (9) For the construction of phase 2 of a bar17 racks complex renewal at Fort Bragg, North Caro18 lina, authorized by section 2101(a) of the Military

19 Construction Authorization Act for Fiscal Year 2005

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

21 2101), $30,611,000.

22 (10) For the construction of phase 2 of a li23 brary and learning center at the United States Mili24 tary Academy, West Point, New York, authorized by

25 section 2101(a) of the Military Construction Author-
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1 ization Act for Fiscal Year 2005 (division B of Pub2 lic Law 108–375; 118 Stat. 2101), $25,470,000.

3 (11) For the construction of phase 2 of a bar4 racks complex at Vilseck, Germany, authorized by

5 section 2101(b) of the Military Construction Author6 ization Act for Fiscal Year 2004 (division B of Pub7 lic Law 108–136; 117 Stat. 1698), $13,600,000.

8 (12) For the construction of phase 2 of a vehi9 cle maintenance facility at Schofield Barracks, Ha10 waii, authorized by section 2101(a) of the Military

11 Construction Authorization Act for Fiscal Year 2005

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

13 2101), $24,656,000.

14 (13) For the construction of phase 2 of the

15 Drum Road upgrade at Helemano Military Reserva16 tion, Hawaii, authorized by section 2101(a) of the

17 Military Construction Authorization Act for Fiscal

18 Year 2005 (division B of Public Law 108–375; 118

19 Stat. 2101), $41,000,000.

20 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

21 PROJECTS.—Notwithstanding the cost variations author22 ized by section 2853 of title 10, United States Code, and

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

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

25 may not exceed the sum of the following:
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1 (1) The total amount authorized to be appro2 priated under paragraphs (1), (2), and (3) of sub3 section (a).

4 (2) $16,500,000 (the balance of the amount au5 thorized under section 2101(a) for construction of a

6 barracks complex, 10300 block, Fort Drum, New

7 York).

8 (3) $31,000,000 (the balance of the amount au9 thorized under section 2101(a) for construction of a

10 barracks complex for the 2nd Brigade, Fort Bragg,

11 North Carolina).

12 (4) $77,400,000 (the balance of the amount au13 thorized under section 2101(a) for construction of a

14 barracks complex for DIVARTY, Fort Bragg, North

15 Carolina).

16 (5) $50,000,000 (the balance of the amount au17 thorized under section 2101(a) for construction of a

18 barracks complex for the 3rd Brigade, Fort Bragg,

19 North Carolina).

20 (6) $13,000,000 (the balance of the amount au21 thorized under section 2101(a) for construction of a

22 defense access road, Fort Belvoir, Virginia).
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1 SEC. 2105. CONSTRUCTION OF BATTALION DINING FACILI2 TIES, FORT KNOX, KENTUCKY.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—The

4 amount authorized to be appropriated by section 2104(a)

5 for military construction, land acquisition, and military

6 family housing functions of the Department of the Army

7 and the amount of such funds authorized by paragraph

8 (1) of such subsection for military construction projects

9 inside the United States are each hereby decreased by

10 $3,600,000.

11 (b) USE OF FUNDS.—Of the amount authorized to

12 be appropriated by section 2104(a)(1) for the Department

13 of the Army and available for military construction at Fort

14 Knox, Kentucky, $4,600,000 is available for the construc15 tion of battalion dining facilities at Fort Knox.

16 TITLE XXII—NAVY

17 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

18 ACQUISITION PROJECTS.

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

20 appropriated pursuant to the authorization of appropria21 tions in section 2204(a)(1), the Secretary of the Navy may

22 acquire real property and carry out military construction

23 projects for the installations or locations inside the United

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

25 table:
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Navy: Inside the United States

State Installation or location Amount

Arizona .......................... Marine Corps Air Station, Yuma ........... $3,637,000

California ...................... Marine Corps Air Station, Camp Pendleton .................................................. $1,400,000

Marine Corps Base, Camp Pendleton .... $90,437,000

Naval Air Station, Lemoore ................... $8,480,000

Naval Air Warfare Center, China Lake $19,158,000

Connecticut ................... Naval Submarine Base, New London .... $4,610,000

Florida .......................... Naval Air Station, Jacksonville .............. $88,603,000

Naval Air Station, Pensacola ................. $8,710,000

Naval Station, Mayport .......................... $10,750,000

Navy Diving and Salvage Training Center, Panama City................................ $9,678,000

Whiting Field ......................................... $4,670,000

Georgia .......................... Albany Depot .......................................... $4,000,000

Navy Submarine Base, Kings Bay ......... $3,000,000

Hawaii ........................... Marine Corps Air Station, Kaneohe Bay$5,700,000

Naval Base, Pearl Harbor ...................... $29,700,000

Illinois ........................... Recruit Training Command, Great

Lakes .................................................. $167,750,000

Indiana .......................... Naval Warfare Center, Crane ................ $8,220,000

Maine ............................ Naval Shipyard, Portsmouth .................. $8,100,000

Maryland ....................... Naval Air Warfare Center, Patuxent

River ................................................... $5,800,000

United States Naval Academy, Annapolis ...................................................... $51,720,000

Mississippi ..................... Naval Air Station, Meridian ................... $10,450,000

North Carolina .............. Marine Corps Air Station, Cherry Point $27,147,000

Marine Corps Base, Camp Lejeune ....... $44,590,000

Marine Corps Air Station, New River .... $6,840,000

Rhode Island ................. Naval Station, Newport .......................... $10,620,000

Texas ............................. Naval Air Station, Kingsville ................. $6,010,000

Virginia ......................... Marine Corps Air Field, Quantico .......... $19,698,000

Marine Corps Base, Quantico ................ $4,000,000

Naval Air Station, Oceana ..................... $11,680,000

Naval Amphibious Base, Little Creek .... $36,034,000

Naval Station, Norfolk ........................... $111,033,000

Naval Surface Warfare Center, Dahlgren ..................................................... $9,960,000

Washington ................... Naval Station, Everett ........................... $70,950,000

Naval Submarine Base, Bangor ............. $60,160,000

Total ............................................... $963,295,000

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

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

4 acquire real property and carry out military construction

5 projects for the installation or location outside the United

6 States, and in the amount, set forth in the following table:
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Navy: Outside the United States

Country Installation or location Amount

Guam .............................. Naval Station, Guam ............................... $55,473,000

Total ................................................ $55,473,000

1 SEC. 2202. FAMILY HOUSING.

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2204(a)(5)(A), the

4 Secretary of the Navy may construct or acquire family

5 housing units (including land acquisition and supporting

6 facilities) at the installation or location, for the purpose,

7 and in the amount set forth in the following table:

Navy: Family Housing

State Installation or Location Purpose Amount

Guam ............................ Naval Station, Guam ........ 126 Units .... $43,495,000

Total .......................... ..................... $43,495,000

8 SEC. 2203. 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 2204(a)(5)(A),

13 the Secretary of the Navy may improve existing military

14 family housing units in an amount not to exceed

15 $178,644,000.

16 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

18 are hereby authorized to be appropriated for fiscal years

19 beginning after September 30, 2005, for military con-
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1 struction, land acquisition, and military family housing

2 functions of the Department of the Navy in the total

3 amount of $1,918,465,000, as follows:

4 (1) For military construction projects inside the

5 United States authorized by section 2201(a),

6 $761,751,000.

7 (2) For military construction projects outside

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

9 $25,584,000.

10 (3) For unspecified minor construction projects

11 authorized by section 2805 of title 10, United States

12 Code, $1.

13 (4) For architectural and engineering services

14 and construction design under section 2807 of title

15 10, United States Code, $54,507,000.

16 (5) For military family housing functions:

17 (A) For construction and acquisition, plan18 ning and design, and improvement of military

19 family housing and facilities, $222,139,000.

20 (B) For support of military family housing

21 (including functions described in section 2833

22 of title 10, United States Code), $593,660,000.

23 (6) For the construction of increment 2 of the

24 Presidential Helicopter program support facility at

25 Naval Air Warfare Station, Patuxent River, Mary-
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1 land, authorized by section 2201(c) of the Military

2 Construction Authorization Act for Fiscal Year 2005

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

4 2106), $55,700,000.

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

6 apron and hangar recapitalization at Naval Air

7 Field, El Centro, California, authorized by section

8 2201(a) of the Military Construction Authorization

9 Act for Fiscal Year 2005 (division B of Public Law

10 108–375; 118 Stat. 2105), $18,666,000.

11 (8) For the construction of increment 3 of pier

12 11 replacement at Naval Station, Norfolk, Virginia,

13 authorized by section 2201(a) of the Military Con14 struction Authorization Act for Fiscal Year 2004

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

16 1704), $40,200,000.

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

18 limited area production and storage complex at Stra19 tegic Weapons Facility Pacific, Bangor, Washington,

20 authorized by section 2201(a) of the Military Con21 struction Authorization Act for Fiscal Year 2005

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

23 2106), $47,095,000.

24 (10) For the construction of increment 2 of a

25 White Side complex at Marine Corps Air Facility,
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1 Quantico, Virginia, authorized by section 2201(a) of

2 the Military Construction Authorization Act for Fis3 cal Year 2005 (division B of Public Law 108–375;

4 118 Stat. 2106), $34,730,000.

5 (11) For the construction of increment 3 of the

6 general purpose berthing pier at Naval Weapons

7 Station, Earle, New Jersey, authorized by section

8 2201(a) of the Military Construction Authorization

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

10 108–136; 117 Stat. 1704), $64,432,000.

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 2201 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) $43,424,000 (the balance of the amount au21 thorized under section 2201(a) to replace a heli22 copter hangar, Naval Air Station, Jacksonville, Flor23 ida).

24 (3) $45,850,000 (the balance of the amount au25 thorized under section 2201(a) to upgrade infra-
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1 structure, Recruit Training Command, Great Lakes,

2 Illinois).

3 (4) $26,790,000 (the balance of the amount au4 thorized under section 2201(a) for construction of

5 the Wesley Brown Field House, United States Naval

6 Academy, Annapolis, Maryland).

7 (5) $31,059,000 (the balance of the amount au8 thorized under section 2201(a) to replace ship repair

9 pier 3, Naval Station, Norfolk, Virginia).

10 (6) $21,000,000 (the balance of the amount au11 thorized under section 2201(a) for construction of a

12 bachelor enlisted quarters for the homeport ashore

13 program, Naval Station, Everett, Washington).

14 (7) $33,421,000 (the balance of the amount au15 thorized under section 2201(a) to perform reclama16 tion and conveyance activities, Marine Corps Base,

17 Camp Pendleton, California).

18 (8) $29,889,000 (the balance of the amount au19 thorized under section 2201(b) to improve Alpha/

20 Bravo wharves, Naval Station, Guam).

21 (c) ADJUSTMENT.—The total amount authorized to

22 be appropriated pursuant to paragraphs (1) through (11)

23 of subsection (a) is the sum of the amounts authorized

24 to be appropriated in such paragraphs, reduced by

25 $92,354,000, which represents prior year savings.
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1 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 2005 PROJECTS.

3 (a) MODIFICATION OF INSIDE THE UNITED STATES

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

5 Construction Authorization Act for Fiscal Year 2005 (di6 vision B of Public Law 108–375; 118 Stat. 2106) is

7 amended—

8 (1) in the item relating to Marine Corps Air

9 Facility, Quantico, Virginia, by striking

10 ‘‘$73,838,000’’ in the amount column and inserting

11 ‘‘$74,470,000’’; and

12 (2) by striking the amount identified as the

13 total in the amount column and inserting

14 ‘‘$952,687,000’’.

15 (b) MODIFICATION OF UNSPECIFIED WORLDWIDE

16 PROJECT.—The table in section 2201(c) of the Military

17 Construction Authorization Act for Fiscal Year 2005 (di18 vision B of Public Law 108–375; 118 Stat. 2106) is

19 amended—

20 (1) in the item relating to Unspecified World21 wide, by striking ‘‘$105,982,000’’ in the amount col22 umn and inserting ‘‘$95,200,000’’; and

23 (2) by striking the amount identified as the

24 total in the amount column and inserting

25 ‘‘$95,200,000’’.
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1 (c) CONFORMING AMENDMENTS.—Section 2204(b)

2 of that Act (118 Stat. 2108) is amended—

3 (1) in paragraph (4), by striking

4 ‘‘$34,098,000’’ and inserting ‘‘$34,730,000’’; and

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

6 ‘‘$65,982,000’’ and inserting ‘‘$55,200,000’’.

7 SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT

8 CERTAIN FISCAL YEAR 2004 PROJECT.

9 (a) MODIFICATION OF INSIDE THE UNITED STATES

10 PROJECT.—The table in section 2201(a) of the Military

11 Construction Authorization Act for Fiscal Year 2004 (di12 vision B of Public Law 108–136; 117 Stat. 1704) is

13 amended—

14 (1) in the item relating to Naval Weapons Sta15 tion, Earle, New Jersey, by striking ‘‘$123,720,000’’

16 in the amount column and inserting

17 ‘‘$140,372,000’’; and

18 (2) by striking the amount identified as the

19 total in the amount column and inserting

20 ‘‘$1,352,524,000’’.

21 (b) CONFORMING AMENDMENT.—Section 2204(b)(4)

22 of that Act is amended by striking ‘‘$96,980,000’’ and in23 serting ‘‘$113,652,000’’.
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1 TITLE XXIII—AIR FORCE

2 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

3 LAND ACQUISITION PROJECTS.

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

5 appropriated pursuant to the authorization of appropria6 tions in section 2304(a)(1), the Secretary of the Air Force

7 may acquire real property and carry out military construc8 tion projects for the installations or locations inside the

9 United States, and in the amounts, set forth in the fol10 lowing table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ................................ Maxwell Air Force Base ................. $14,900,000

Alaska ................................... Clear Air Station ............................ $20,000,000

Elmendorf Air Force Base ............. $84,820,000

Arizona .................................. Davis-Monthan Air Force Base ...... $8,600,000

Luke Air Force Base ...................... $13,000,000

Arkansas ............................... Little Rock Air Force Base ............ $2,500,000

California .............................. Beale Air Force Base ..................... $14,200,000

Edwards Air Force Base ................ $103,000,000

Travis Air Force Base .................... $42,500,000

Vandenberg Air Force Base ........... $16,845,000

Colorado ................................ Buckley Air Force Base .................. $20,100,000

Peterson Air Force Base ................ $12,800,000

United States Air Force Academy.. $13,000,000

Delaware ............................... Dover Air Force Base ..................... $19,000,000

District of Columbia ............. Bolling Air Force Base ................... $14,900,000

Florida .................................. Cape Canaveral ............................... $6,200,000

Hurlburt Field ................................ $2,540,000

MacDill Air Force Base .................. $107,200,000

Tyndall Air Force Base .................. $11,500,000

Georgia ................................. Robins Air Force Base ................... $2,000,000

Hawaii ................................... Hickam Air Force Base .................. $13,378,000

Idaho ..................................... Mountain Home Air Force Base .... $9,835,000

Louisiana .............................. Barksdale Air Force Base .............. $10,800,000

Massachusetts ....................... Hanscom Air Force Base ............... $3,900,000

Mississippi ............................. Columbus Air Force Base .............. $10,000,000

Keesler Air Force Base .................. $47,500,000

Missouri ................................ Whiteman Air Force Base .............. $5,721,000

Montana ................................ Malmstrom Air Force Base ............ $13,500,000

Nebraska ............................... Offutt Air Force Base .................... $63,080,000

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

Field ............................................ $60,724,000

Nellis Air Force Base ..................... $24,370,000

New Jersey........................... McGuire Air Force Base ................. $13,185,000

New Mexico ........................... Holloman Air Force Base ............... $15,000,000

Kirtland Air Force Base ................. $6,600,000

North Dakota ....................... Minot Air Force Base ..................... $8,700,000

Ohio ...................................... Wright-Patterson Air Force Base .. $19,670,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

Oklahoma .............................. Tinker Air Force Base ................... $31,960,000

Vance Air Force Base ..................... $14,000,000

South Carolina ...................... Charleston Air Force Base ............. $2,583,000

Shaw Air Force Base ...................... $9,730,000

South Dakota ........................ Ellsworth Air Force Base ............... $8,400,000

Texas .................................... Sheppard Air Force Base ............... $36,000,000

Utah ...................................... Hill Air Force Base ........................ $33,900,000

Virginia ................................. Langley Air Force Base ................. $38,665,000

Washington ........................... Fairchild Air Force Base ................ $8,200,000

Total ........................................ $1,039,006,000

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 ......................... $11,650,000

Spangdahlem Air Base .................. $12,474,000

Guam ................................... Andersen Air Base ......................... $18,500,000

Italy..................................... Aviano Air Base ............................. $22,660,000

Korea ................................... Kunsan Air Base ........................... $44,188,000

Osan Air Base ................................ $39,719,000

Portugal .............................. Lajes Field, Azores ........................ $12,000,000

Turkey................................. Incirlik Air Base ............................ $5,780,000

United Kingdom .................. Royal Air Force, Lakenheath ........ $5,125,000

Royal Air Force, Mildenhall .......... $13,500,000

Total ....................................... $185,596,000

8 SEC. 2302. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2304(a)(5)(A), the Secretary of the

12 Air Force may construct or acquire family housing units

13 (including land acquisition and supporting facilities) at the
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1 installations or locations, for the purposes, and in the

2 amounts set forth in the following table:

Air Force: Family Housing

State Installation or location Purpose Amount

Alaska ........................... Eielson Air Force Base ..... 392 Units .... $55,794,000

California ...................... Edwards Air Force Base ... 226 Units .... $59,699,000

Florida .......................... MacDill Air Force Base .... 109 Units .... $40,982,000

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

Base ............................... 194 Units .... $56,467,000

Missouri ........................ Whiteman Air Force Base 111 Units .... $26,917,000

Montana ........................ Malmstrom Air Force Base 296 Units .... $68,971,000

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

Force Base .................... 255 Units .... $48,868,000

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

Base ............................... 300 Units .... $86,706,000

Minot Air Force Base ....... 223 Units .... $44,548,000

South Carolina .............. Charleston Air Force Base 10 Units ...... $15,935,000

South Dakota ............... Ellsworth Air Force Base 60 Units ...... $14,383,000

Texas ............................ Dyess Air Force Base ....... 190 Units .... $43,016,000

Germany....................... Ramstein Air Base ............ 101 Units .... $62,952,000

Turkey.......................... Incirlik Air Base ............... 100 Units .... $22,730,000

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

Lakenheath .................... 107 Units .... $48,437,000

Total .......................... ..................... $696,405,000

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

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

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

8 or improvement of military family housing units in an

9 amount not to exceed $37,104,000.

10 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

11 UNITS.

12 Subject to section 2825 of title 10, United States

13 Code, and using amounts appropriated pursuant to the

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

15 the Secretary of the Air Force may improve existing mili-
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1 tary family housing units in an amount not to exceed

2 $409,113,000.

3 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

4 FORCE.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

6 are hereby authorized to be appropriated for fiscal years

7 beginning after September 30, 2005, for military con8 struction, land acquisition, and military family housing

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

10 amount of $3,108,982,000, as follows:

11 (1) For military construction projects inside the

12 United States authorized by section 2301(a),

13 $914,006,000.

14 (2) For military construction projects outside

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

16 $185,596,000.

17 (3) For unspecified minor military construction

18 projects authorized by section 2805 of title 10,

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

20 (4) For architectural and engineering services

21 and construction design under section 2807 of title

22 10, United States Code, $83,719,000.

23 (5) For military family housing functions:
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1 (A) For construction and acquisition, plan2 ning and design, and improvement of military

3 family housing and facilities, $1,142,622,000.

4 (B) For support of military family housing

5 (including functions described in section 2833

6 of title 10, United States Code), $766,939,000.

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and

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

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

12 may not exceed the sum of the following:

13 (1) The total amount authorized to be appro14 priated under paragraphs (1), (2), and (3) of sub15 section (a).

16 (2) $30,000,000 (the balance of the amount au17 thorized under section 2301(a) for a C–17 mainte18 nance complex, Elmendorf Air Force Base, Alaska).

19 (3) $66,000,000 (the balance of the amount au20 thorized under section 2301(a) to replace the main

21 runway, Edwards Air Force Base, California).

22 (4) $29,000,000 (the balance of the amount au23 thorized under section 2301(a) for construction of a

24 joint intelligence center for Headquarters, Central

25 Command, MacDill Air Force Base, Florida).
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1 TITLE XXIV—DEFENSE

2 AGENCIES

3 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

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

6 appropriated pursuant to the authorization of appropria7 tions in section 2403(a)(1), the Secretary of Defense may

8 acquire real property and carry out military construction

9 projects for the installations or locations inside the United

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

11 table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Intelligence AgencyBolling Air Force Base, District of

Columbia ....................................... $7,900,000

Defense Logistics Agency..... Cannon Air Force Base, New Mexico $13,200,000

Defense Distribution Depot, New

Cumberland, Pennsylvania ........... $6,500,000

Defense Distribution Depot, Tracy,

California ...................................... $33,635,000

Fort Belvoir, Virginia ....................... $4,500,000

Marine Corps Air Station Yuma, Arizona .............................................. $7,300,000

McConnell Air Force Base, Kansas $15,800,000

Miramar, California .......................... $23,000,000

Naval Station, Norfolk, Virginia ...... $6,700,000

Seymour Johnson Air Force Base,

North Carolina .............................. $18,500,000

Defense Education Agency... Fort Bragg, North Carolina ............. $18,075,000

Fort Stewart/Hunter Army Air

Field, Georgia ............................... $16,629,000

National Security Agency ..... Augusta, Georgia .............................. $61,466,000

Fort Meade, Maryland ..................... $28,049,000

Kunia, Hawaii .................................. $61,466,000

Special Operations Command Eglin Air Force Base, Florida ......... $12,800,000

Fort Bragg, North Carolina ............. $14,769,000

Fort Campbell, Kentucky................. $37,800,000

Fort Lewis, Washington ................... $53,300,000

Fort Stewart/Hunter Army Air

Field, Georgia ............................... $10,000,000

Naval Surface Warfare Center, Corona, California ............................. $28,350,000

TRICARE Management Activity.................................. Beale Air Force Base, California ..... $18,000,000

Charleston, South Carolina .............. $35,000,000

Fort Detrick, Maryland .................... $55,200,000

Keesler Air Force Base, Mississippi $14,000,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Lackland Air Force Base, Texas ...... $11,000,000

Naval Hospital, San Diego, California ............................................ $15,000,000

Nellis Air Force Base, Nevada ......... $1,700,000

Uniformed Services University of the

Health Sciences, Bethesda, Maryland ............................................... $10,350,000

Peterson Air Force Base, Colorado .. $1,820,000

Total ......................................... $641,809,000

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

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(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 table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Agency... Landstuhl, Germany......................... $6,543,000

Vilseck, Germany.............................. $2,323,000

Agana, Guam .................................... $40,578,000

Taegu, Korea .................................... $8,231,000

Naval Station, Rota, Spain .............. $7,963,000

Defense Logistics Agency..... Souda Bay, Greece ........................... $7,089,000

Missile Defense Agency......... Kwajalien Atoll, Kwajalien ............... $4,901,000

National Security Agency ..... Menwith Hall, United Kingdom ....... $41,697,000

TRICARE Management Activity.................................. Bahrain, SWA .................................. $4,750,000

Total ......................................... $124,075,000

8 SEC. 2402. ENERGY CONSERVATION PROJECTS.

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2403(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.
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1 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE2 FENSE AGENCIES.

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

4 be appropriated for fiscal years beginning after September

5 30, 2005, for military construction, land acquisition, and

6 military family housing functions of the Department of

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

8 amount of $2,973,914,000, as follows:

9 (1) For military construction projects inside the

10 United States authorized by section 2401(a),

11 $641,809,000.

12 (2) For military construction projects outside

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

14 $123,104,000.

15 (3) For unspecified minor military construction

16 projects under section 2805 of title 10, United

17 States Code, $15,736,000.

18 (4) For contingency construction projects of the

19 Secretary of Defense under section 2804 of title 10,

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

21 (5) For architectural and engineering services

22 and construction design under section 2807 of title

23 10, United States Code, $135,081,000.

24 (6) For energy conservation projects authorized

25 by section 2403 of this Act, $60,000,000.
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1 (7) For base closure and realignment activities

2 funded through the account created pursuant to sec3 tion 2906 of, and authorized by, the Defense Base

4 Closure and Realignment Act of 1990 (part A of

5 title XXIX of Public Law 101–510; 10 U.S.C. 2687

6 note), $377,827,000.

7 (8) For base closure and realignment activities

8 funded through the account created pursuant to sec9 tion 2906A of, and authorized by, the Defense Base

10 Closure and Realignment Act of 1990 (part A of

11 title XXIX of Public Law 101–510; 10 U.S.C. 2687

12 note), $1,504,466,000.

13 (9) For military family housing functions:

14 (A) For support of military family housing

15 (including functions described in section 2833

16 of title 10, United States Code), $46,391,000.

17 (B) For credit to the Department of De18 fense Family Housing Improvement Fund es19 tablished by section 2883(a)(1) of title 10,

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

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

22 hospital replacement at Fort Belvoir, Virginia, au23 thorized by section 2401(a) of the Military Construc24 tion Authorization Act of Fiscal Year 2005 (division
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1 B of Public Law 108–375; 118 Stat. 2100),

2 $57,000,000.

3 (b) NOTICE AND WAIT REQUIREMENT APPLICABLE

4 TO OBLIGATION OF FUNDS FOR BASE CLOSURE AND RE5 ALIGNMENT ACTIVITIES.—None of the funds authorized

6 to be appropriated by subsection (a)(8) may be obligated

7 until 21 days after the date on which the Secretary of

8 Defense submits to the congressional defense committees

9 a report describing the specific programs, projects, and

10 activities for which such funds are to be obligated.

11 TITLE XXV—NORTH ATLANTIC

12 TREATY ORGANIZATION SE13 CURITY INVESTMENT PRO14 GRAM

15 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

16 ACQUISITION PROJECTS.

17 The Secretary of Defense may make contributions for

18 the North Atlantic Treaty Organization Security Invest19 ment program as provided in section 2806 of title 10,

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

21 of the amount authorized to be appropriated for this pur22 pose in section 2502 and the amount collected from the

23 North Atlantic Treaty Organization as a result of con24 struction previously financed by the United States.
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1 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

2 Funds are hereby authorized to be appropriated for

3 fiscal years beginning after September 30, 2005, for con4 tributions by the Secretary of Defense under section 2806

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

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

7 Organization Security Investment program authorized by

8 section 2501, in the amount of $206,858,000.

9 TITLE XXVI—GUARD AND

10 RESERVE FORCES FACILITIES

11 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC12 TION AND LAND ACQUISITION PROJECTS.

13 Funds are hereby authorized to be appropriated for

14 fiscal years beginning after September 30, 2005, for the

15 costs of acquisition, architectural and engineering services,

16 and construction of facilities for the reserve components,

17 and for contributions therefore, under chapter 1803 of

18 title 10, United States Code (including the cost of acquisi19 tion of land for those facilities), in the following amounts:

20 (1) For the Department of the Army—

21 (A) for the Army National Guard of the

22 United States, $445,100,000; and

23 (B) for the Army Reserve, $121,077,000.

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

25 Naval and Marine Corps Reserve, $50,226,000.

26 (3) For the Department of the Air Force—
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1 (A) for the Air National Guard of the

2 United States, $264,061,000; and

3 (B) for the Air Force Reserve,

4 $79,260,000.

5 SEC. 2602. SPECIFIC AUTHORIZED ARMY NATIONAL GUARD

6 CONSTRUCTION PROJECTS.

7 (a) CAMP ROBERTS, CALIFORNIA.—Of the amount

8 authorized to be appropriated for the Department of the

9 Army for the Army National Guard of the United States

10 under section 2601(1)(A)—

11 (1) $1,500,000 is available for the construction

12 of an urban combat course at Camp Roberts, Cali13 fornia; and

14 (2) $1,500,000 is available for the addition or

15 alteration of a field maintenance shop at Fort

16 Dodge, Iowa.

17 SEC. 2603. CONSTRUCTION OF FACILITIES, NEW CASTLE

18 COUNTY AIRPORT AIR GUARD BASE, DELA19 WARE.

20 Of the amount authorized to be appropriated for the

21 Department of the Air Force for the Air National Guard

22 of the United States under section 2601(3)(A)—

23 (1) $1,400,000 is available for the construction

24 of a security forces facility at New Castle County

25 Airport Air Guard Base, Delaware; and
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1 (2) $1,500,000 is available for the construction

2 of a medical training facility at New Castle County

3 Airport Air Guard Base, Delaware.

4 SEC. 2604. CONSTRUCTION OF MAINTENANCE HANGAR,

5 NEW CASTLE COUNTY AIRPORT AIR GUARD

6 BASE, DELAWARE.

7 (a) AUTHORIZATION OF APPROPRIATIONS.—The

8 amount authorized to be appropriated by section

9 2601(3)(A) for the Department of the Air Force for the

10 Air National Guard of the United States is hereby in11 creased by $1,440,000.

12 (b) USE OF FUNDS.—Of the amount authorized to

13 be appropriated by section 2601(3)(A) for the Department

14 of the Air Force for the Air National Guard of the United

15 States, as increased by subsection (a), $1,440,000 is avail16 able for planning and design for a replacement C–130 air17 craft maintenance hangar at Air National Guard New

18 Castle County Airport, Delaware.

19 (c) OFFSET.—The amount authorized to be appro20 priated by section 2204(a) for military construction, land

21 acquisition, and military family housing functions of the

22 Department of the Navy and the amount of such funds

23 authorized by paragraph (11) of such subsection for the

24 construction of increment 3 of the general purpose berth-
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1 ing pier at Naval Weapons Station, Earle, New Jersey,

2 are each hereby decreased by $1,440,000.

3 SEC. 2605. NATIONAL GUARD CONSTRUCTION PROJECTS.

4 (a) ARMY NATIONAL GUARD AT CAMP DAWSON,

5 WEST VIRGINIA.—

6 (1) AUTHORIZATION OF APPROPRIATIONS.—

7 The amount authorized to be appropriated by sec8 tion 2601(1)(A) for the Department of the Army for

9 the Army National Guard of the United States is

10 hereby increased by $4,500,000.

11 (2) USE OF FUNDS.—Of the amount authorized

12 to be appropriated by section 2601(1)(A) for the De13 partment of the Army for the Army National Guard

14 of the United States, as increased by paragraph (1),

15 $4,500,000 is available for the construction of a

16 readiness center at Camp Dawson, West Virginia.

17 (3) OFFSET.—The amount authorized to be ap18 propriated by section 2601(3)(A) for the Depart19 ment of the Air Force for the Air National Guard

20 of the United States, and available for the construc21 tion of a bridge/gate house/force protection entry

22 project at Camp Yeager, West Virginia, is hereby

23 decreased by $4,500,000.

24 (b) AIR NATIONAL GUARD AT EASTERN WEST VIR25 GINIA REGIONAL AIRPORT.—Of the amount authorized to
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1 be appropriated by section 2603(3)(A) for the Department

2 of the Air Force for the Air National Guard of the United

3 States, and otherwise available for the construction of a

4 bridge/gate house/force protection entry project at Air Na5 tional Guard Base, West Virginia, $2,000,000 shall be

6 available instead for C–5 aircraft shop upgrades at East7 ern West Virginia Regional Airport, Shepherd Field, Mar8 tinsburg, West Virginia.

9 TITLE XXVII—EXPIRATION AND

10 EXTENSION OF AUTHORIZA11 TIONS

12 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

13 AMOUNTS REQUIRED TO BE SPECIFIED BY

14 LAW.

15 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

16 YEARS.—Except as provided in subsection (b), all author17 izations contained in titles XXI through XXVI for military

18 construction projects, land acquisition, family housing

19 projects and facilities, and contributions to the North At20 lantic Treaty Organization Security Investment program

21 (and authorizations of appropriations therefor) shall ex22 pire on the later of—

23 (1) October 1, 2008; or
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1 (2) the date of the enactment of an Act author2 izing funds for military construction for fiscal year

3 2009.

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

5 authorizations for military construction projects, land ac6 quisition, family housing projects and facilities, and con7 tributions to the North Atlantic Treaty Organization Se8 curity Investment program (and authorizations of appro9 priations therefor), for which appropriated funds have

10 been obligated before the later of—

11 (1) October 1, 2008; or

12 (2) the date of the enactment of an Act author13 izing funds for fiscal year 2009 for military con14 struction projects, land acquisition, family housing

15 projects and facilities, or contributions to the North

16 Atlantic Treaty Organization Security Investment

17 program.

18 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

19 FISCAL YEAR 2003 PROJECTS.

20 (a) EXTENSION.—Notwithstanding section 2701 of

21 the Military Construction Authorization Act for Fiscal

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

23 2681), authorizations set forth in the tables in subsection

24 (b), as provided in sections 2301, 2302, and 2401 of that

25 Act, shall remain in effect until October 1, 2006, or the
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1 date of the enactment of an Act authorizing funds for mili2 tary construction for fiscal year 2007, whichever is later.

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

4 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

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

Housing Office ............... $597,000

Mississippi .................... Keesler Air Force Base Replace family

housing (117

Units) .......... $16,505,000

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

Base ......................... Replace family

housing (112

Units) .......... $14,311,000

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

Base ......................... Replace Housing Maintenance Facility................ $447,000

Italy.............................. Aviano Air Base .......... Consolidate

Area A–1

and A–2 ....... $5,000,000

Defense Wide: Extension of 2003 Project Authorization

Agency Installation or location Project Amount

Special Operations

Command.

Stennis Space Center,

Mississippi ............... SOF Training

Range .......... $5,000,000

5 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

6 FISCAL YEAR 2002 PROJECTS.

7 (a) EXTENSION.—Notwithstanding section 2701 of

8 the Military Construction Authorization Act for Fiscal

9 Year 2002 (division B of Public Law 107–107; 115 Stat.

10 1301), authorizations set forth in the tables in subsection

11 (b), as provided in sections 2101 and 2302 of that Act,

12 shall remain in effect until October 1, 2006, or the date
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1 of the enactment of an Act authorizing funds for military

2 construction for fiscal year 2007, whichever is later.

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

4 are as follows:

Army: Extension of 2002 Project Authorization

State Installation or location Project Amount

Hawaii .......................... Pohakuloa Training

Facility.................... Land purchase $1,500,000

Air Force: Extension of 2002 Project Authorization

State Installation or location Project Amount

Louisiana ...................... Barksdale Air Force

Base ......................... Replace family

housing (56

Units) .......... $7,300,000

5 SEC. 2704. EFFECTIVE DATE.

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

7 shall take effect on the later of—

8 (1) October 1, 2005; or

9 (2) the date of the enactment of this Act.

10 TITLE XXVIII—GENERAL

11 PROVISIONS

12 Subtitle A—Military Construction

13 Program and Military Family

14 Housing Changes

15 SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED

16 MINOR MILITARY CONSTRUCTION PROJECTS.

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

18 United States Code, is amended—
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1 (1) by striking ‘‘$1,500,000’’ and inserting

2 ‘‘$2,500,000’’; and

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

4 ‘‘$4,000,000’’.

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

6 subsection (a) shall take effect on October 1, 2005.

7 SEC. 2802. MODIFICATION OF COST VARIATION AUTHORITY.

8 (a) LIMITATION ON COST DECREASES RELATED TO

9 MILITARY CONSTRUCTION AND MILITARY FAMILY HOUS10 ING PROJECTS.—Section 2853 of title 10, United States

11 Code, is amended—

12 (1) in subsection (a)—

13 (A) by striking ‘‘may be increased by not

14 more than 25 percent’’ and inserting ‘‘may be

15 increased or decreased by not more than 25

16 percent’’; and

17 (B) by striking ‘‘if the Secretary concerned

18 determines that such an increase in cost is re19 quired’’ and inserting ‘‘if the Secretary con20 cerned determines that such revised cost is re21 quired’’;

22 (2) in subsection (c)—

23 (A) by striking ‘‘limitation on cost in24 crease’’ and inserting ‘‘limitation on cost vari25 ations’’; and
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1 (B) by striking ‘‘the increase’’ both place

2 it appears and inserting ‘‘the variation’’; and

3 (3) in subsection (d), by striking ‘‘limitation on

4 cost increases’’ and inserting ‘‘limitation on cost

5 variations’’.

6 (b) ADDITIONAL INFORMATION REQUIRED FOR NO7 TIFICATION IN CONNECTION WITH WAIVER OF LIMITA8 TIONS ON COST INCREASES.—Subsection (c)(2) of such

9 section is further amended by inserting after ‘‘the reasons

10 therefor’’ the following: ‘‘, including a description of the

11 funds proposed to be used to finance any increased costs’’.

12 (c) TECHNICAL AMENDMENTS.—

13 (1) SECTION HEADING.—The heading of such

14 section is amended to read as follows:

15 ‘‘§ 2853. Authorized cost and scope of work vari16 ations’’.

17 (2) TABLE OF SECTIONS.—The item relating to

18 such section in the table of sections at the beginning

19 of chapter 169 of such title is amended to read as

20 follows:

‘‘2853. Authorized cost and scope of work variations.’’.

21 SEC. 2803. DEPARTMENT OF DEFENSE HOUSING FUNDS.

22 (a) REQUIREMENT TO FUND CERTAIN ACQUISITION

23 AND IMPROVEMENT OF MILITARY HOUSING SOLELY

24 THROUGH DEFENSE HOUSING FUNDS.—Subsection (e) of

25 section 2883 of title 10, United States Code, is amended—
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1 (1) by striking ‘‘The Secretary’’ and inserting

2 ‘‘(1) The Secretary’’; and

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

4 paragraph:

5 ‘‘(2) The Funds established under subsection (a)

6 shall be the sole source of funds for activities carried out

7 under this subchapter.’’.

8 (b) AUTHORITY TO TRANSFER FUNDS APPRO9 PRIATED FOR THE IMPROVEMENT OF MILITARY FAMILY

10 HOUSING TO DEFENSE HOUSING FUNDS.—Subsection

11 (c)(1)(B) of such section is amended by striking ‘‘acquisi12 tion or construction’’ and inserting ‘‘acquisition, improve13 ment, or construction’’.

14 (c) REPORTING REQUIREMENTS RELATED TO DE15 PARTMENT OF DEFENSE HOUSING FUNDS.—Section

16 2884 of such title is amended—

17 (1) in subsection (a)(2)(D), by inserting after

18 ‘‘description of the source of such funds’’ the fol19 lowing: ‘‘, including a description of the specific con20 struction, acquisition, or improvement projects from

21 which funds were transferred to the Funds estab22 lished under section 2883 of this title in order to fi23 nance the contract, conveyance, or lease’’; and

24 (2) in subsection (b)(1)—
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1 (A) by striking ‘‘a report’’ and inserting ‘‘a

2 separate report’’;

3 (B) by striking ‘‘covering the Funds’’ and

4 inserting ‘‘covering each of the Funds’’; and

5 (C) by striking the period at the end and

6 inserting the following: ‘‘, including a descrip7 tion of the specific construction, acquisition, or

8 improvement projects from which funds were

9 transferred and the privatization projects or

10 contracts to which those funds were trans11 ferred. Each report shall also include, for each

12 military department or defense agency, a de13 scription of all funds to be transferred to such

14 Funds for the current fiscal year and the next

15 fiscal year.’’.

16 SEC. 2804. TEMPORARY AUTHORITY TO USE MINOR MILI17 TARY CONSTRUCTION AUTHORITY FOR CON18 STRUCTION OF CHILD DEVELOPMENT CEN19 TERS.

20 (a) THRESHOLDS ON CONSTRUCTION AUTHOR21 IZED.—The Secretary of Defense shall establish a pro22 gram to carry out minor military construction projects

23 under section 2805 of title 10, United States Code, to con24 struct child development centers.
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1 (b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO

2 MINOR CONSTRUCTION PROJECTS.—For the purpose of

3 any military construction project carried out under the au4 thority provided by this section—

5 (1) the amount specified in the second sentence

6 of subsection (a)(1) of section 2805 of title 10,

7 United States Code, shall be deemed to be

8 $7,000,000;

9 (2) the amount specified in the third sentence

10 of subsection (a)(1) of such section shall be deemed

11 to be $8,000,000;

12 (3) the amount specified in subsection (b)(1) of

13 such section shall be deemed to be $5,000,000;

14 (4) the amount specified in subsection (c)(1)(A)

15 of such section shall be deemed to be $7,000,000;

16 and

17 (5) the amount specified in subsection (c)(1)(B)

18 of such section shall be deemed to be $5,000,000.

19 (c) PROGRAM REQUIREMENTS.—

20 (1) NOTIFICATION.—All notification require21 ments under such section shall remain in effect for

22 construction projects carried out under the authority

23 provided by this section.

24 (2) REVIEW AND APPROVAL.—The Secretary

25 shall establish procedures for the review and ap-
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1 proval of requests from the Secretaries of military

2 departments to carry out construction projects under

3 the authority provided by this section.

4 (d) REPORT ON PROGRAM.—

5 (1) REPORT REQUIRED.—Not later than March

6 1, 2007, the Secretary of Defense shall submit to

7 the congressional defense committees a report on the

8 program authorized under this section.

9 (2) CONTENT.—The report shall include—

10 (A) a list and description of the construc11 tion projects carried out under the program, in12 cluding the location and cost of each such

13 project; and

14 (B) the assessment of the Secretary of the

15 advisability of extending or expanding the au16 thority for the program under this section.

17 (e) EXPIRATION OF AUTHORITY.—The authority pro18 vided by this section expires on September 30, 2007.

19 (f) CONSTRUCTION OF AUTHORITY.—Nothing in this

20 section may be construed to limit any other authority pro21 vided by law for a military construction project at a child

22 development center.

23 (g) CHILD DEVELOPMENT CENTER DEFINED.—In

24 this section, the term ‘‘child development center’’ includes

25 a facility, and the utilities to support such facility, the
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1 function of which is to support the daily care of children

2 aged 6 weeks old through 5 years old for full-day, part3 day, and hourly service.

4 SEC. 2805. INAPPLICABILITY TO CHILD DEVELOPMENT

5 CENTERS OF RESTRICTION ON AUTHORITY

6 TO ACQUIRE OR CONSTRUCT ANCILLARY

7 SUPPORTING FACILITIES.

8 Section 2881(b) of title 10, United States Code, is

9 amended by inserting ‘‘, other than a project for the acqui10 sition or construction of a child development center,’’ after

11 ‘‘A project referred to in subsection (a)’’.

12 SEC. 2806. AUTHORITY TO CARRY OUT EXCHANGES OF FA13 CILITIES INCLUDING ASSOCIATED UTILITIES,

14 EQUIPMENT, AND FURNISHINGS.

15 (a) IN GENERAL.—Section 18240 of title 10, United

16 States Code, is amended by adding at the end the fol17 lowing new subsection:

18 ‘‘(h) FACILITY DEFINED.—In this section, the term

19 ‘facility’ includes—

20 ‘‘(1) any facility, as that term is defined in sec21 tion 18232(2) of this title; and

22 ‘‘(2) any associated utilities, equipment, and

23 furnishings required to be installed in any such facil24 ity.’’.
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1 (b) TEMPORARY AUTHORITY RELATED TO CASH

2 EQUALIZATION PAYMENTS.—Section 2809(c)(4) of the

3 Ronald W. Reagan National Defense Authorization Act

4 for Fiscal Year 2005 (Public Law 108–375; 118 Stat.

5 2127) is amended by striking ‘‘the term ‘facility’ has the

6 meaning given that term in section 18232(2) of title 10,

7 United States Code’’ and inserting the following: ‘‘the

8 term ‘facility’ has the meaning given that term in section

9 18240(h) of title 10, United States Code’’.

10 SEC. 2807. INCREASE IN NUMBER OF FAMILY HOUSING

11 UNITS IN KOREA AUTHORIZED FOR LEASE BY

12 THE ARMY AT MAXIMUM AMOUNT.

13 Section 2828(e)(4) of title 10, United States Code,

14 is amended by striking ‘‘2,400’’ and inserting ‘‘2,800’’.

15 Subtitle B—Real Property and

16 Facilities Administration

17 SEC. 2821. AUTHORITY TO LEASE NON-EXCESS PROPERTY

18 OF DEPARTMENT OF DEFENSE FIELD ACTIVI19 TIES.

20 Section 2667a of title 10, United States Code, is

21 amended—

22 (1) by amending the heading to read as follows:
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1 ‘‘§ 2667a. Leases: non-excess property of Defense

2 Agencies and Department of Defense

3 Field Activities’’;

4 (2) in subsection (a)(1), by striking ‘‘Defense

5 agency’’ and inserting ‘‘Defense Agency or Depart6 ment of Defense Field Activity’’; and

7 (3) in subsection (d)—

8 (A) by striking ‘‘Defense agency’’ and in9 serting ‘‘Defense Agency or Department of De10 fense Field Activity’’; and

11 (B) by striking ‘‘a Defense agency’s special

12 account’’ and inserting ‘‘the special account of

13 a Defense Agency or Department of Defense

14 Field Activity’’.

15 SEC. 2822. MODIFIED CRITERIA FOR AGREEMENTS TO

16 LIMIT ENCROACHMENTS AND OTHER CON17 STRAINTS ON MILITARY TRAINING, TESTING,

18 AND OPERATIONS.

19 (a) MODIFIED CRITERIA.—Section 2684a of title 10,

20 United States Code, is amended—

21 (1) in subsection (a)—

22 (A) by inserting ‘‘or entities’’ after ‘‘enti23 ty’’; and

24 (B) by striking ‘‘in the vicinity of a mili25 tary installation’’ and inserting ‘‘in the vicinity
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1 of, or ecologically related to, a military installa2 tion or the airspace of such installation’’;

3 (2) in subsection (d)—

4 (A) in paragraph (1)—

5 (i) by striking ‘‘An agreement with an

6 eligible entity under this section may pro7 vide for’’ and inserting ‘‘An agreement

8 with an eligible entity or entities under this

9 section shall provide for’’;

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

11 ‘‘or entities’’ after ‘‘entity’’; and

12 (iii) by amending subparagraph (B) to

13 read as follows:

14 ‘‘(B) the equal sharing by the Department of

15 Defense and the entity or entities of the acquisition

16 costs, whether by contribution of funding or like17 kind exchange of property or lesser property inter18 est.’’;

19 (B) by redesignating paragraphs (2), (3),

20 (4), and (5) as paragraphs (4), (5), (6), and

21 (7), respectively;

22 (C) by inserting after paragraph (1) the

23 following new paragraphs:
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1 ‘‘(2) The Secretary concerned may waive the require2 ment in paragraph (1)(B) to equally share acquisition

3 costs if—

4 ‘‘(A) the Secretary determines that the agree5 ment is essential to accomplish the mission of the in6 stallation;

7 ‘‘(B) the Secretary notifies the congressional

8 defense committees in writing of the determination

9 and the reasons for the determination; and

10 ‘‘(C) a period of 21 days has elapsed after the

11 date on which such notification is received by the

12 committees.

13 ‘‘(3) The acquisition cost of any lesser interest in the

14 property may not exceed 70 percent of the appraised value

15 of the property.’’; and

16 (D) in paragraph (5), as redesignated by

17 subparagraph (B), by inserting ‘‘or entities’’

18 after ‘‘entity’’;

19 (3) by redesignating subsection (h) as sub20 section (i); and

21 (4) by inserting after subsection (g) the fol22 lowing new subsection:

23 ‘‘(h) ANNUAL REPORTS.—(1) Not later than March

24 15, 2006, and annually thereafter, the Secretary of De25 fense shall, in coordination with the Secretaries of the
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1 military departments and the Director of the Department

2 of Defense Test Management Resource Center, submit to

3 the congressional defense committees a report on the im4 plementation of projects undertaken pursuant to this sec5 tion.

6 ‘‘(2) The reports submitted under paragraph (1) shall

7 include—

8 (A) a description of the status of such projects;

9 (B) an assessment of the effectiveness of such

10 projects and other actions undertaken pursuant to

11 this section as part of a long-range strategy to en12 sure the sustainability of military test and training

13 ranges, military installations, and associated air14 space;

15 (C) an evaluation of the methodology and cri16 teria used to select and prioritize projects under17 taken pursuant to this section;

18 (D) a description of the shared costs by the De19 partment of Defense and the eligible entity or enti20 ties under each agreement undertaken or proposed;

21 and

22 (E) recommendations for any legislation or

23 changes in regulations to increase the efficiency and

24 effectiveness of actions taken under this section.’’.
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1 (b) APPLICABILITY OF MODIFIED CRITERIA.—The

2 requirement under subsection (d)(1)(B) of such section

3 (as amended by subsection (a)(2)(A)(iii)) that an agree4 ment under such section shall provide for the equal shar5 ing of acquisition costs by the Department of Defense and

6 an eligible entity or entities shall not apply to an agree7 ment initiated before the date of the enactment of this

8 Act.

9 SEC. 2823. EXPANDED AUTHORITY TO ENTER INTO LEASE10 PURCHASE AGREEMENTS.

11 Section 2812 of title 10, United States Code, is

12 amended—

13 (1) in subsection (a)(1)—

14 (A) by striking ‘‘a private contractor’’ and

15 inserting ‘‘an eligible entity’’; and

16 (B) by striking ‘‘the contractor’’ and in17 serting ‘‘the eligible entity’’;

18 (2) in subsection (c)—

19 (A) by striking ‘‘(c)(1)’’ and inserting

20 ‘‘(c)’’;

21 (B) by striking paragraph (2); and

22 (C) by redesignating subparagraphs (A)

23 and (B) as paragraphs (1) and (2); and

24 (3) by adding at the end the following new sub25 section:
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1 ‘‘(e) In this section, the term ‘eligible entity’ means

2 any private person, corporation, firm, partnership, com3 pany, or State or local government.’’.

4 Subtitle C—Land Conveyances

5 PART I—ARMY CONVEYANCES

6 SEC. 2841. LAND CONVEYANCE, HELENA, MONTANA.

7 (a) CONVEYANCE AUTHORIZED.—The Secretary of

8 the Army may convey by quitclaim deed to the Helena In9 dian Alliance, all right, title, and interest of the United

10 States in and to a parcel of real property consisting of

11 approximately 3.0 acres located at Sheridan Hall United

12 States Army Reserve Center, 501 Euclid Avenue, Helena,

13 Montana, including improvements thereon, for the pur14 poses of supporting Native American health care, mental

15 health counseling, and the operation of an education train16 ing center.

17 (b) REVERSIONARY INTEREST.—If the Secretary de18 termines at any time that the real property conveyed

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

20 the purposes of the conveyance specified in such sub21 section, all right, title, and interest in and to the property

22 shall revert, at the option of the Secretary, to the United

23 States, and the United States shall have the right of im24 mediate entry onto the property. Any determination of the
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1 Secretary under this subsection shall be made on the

2 record after an opportunity for a hearing.

3 (c) PAYMENT OF COSTS OF CONVEYANCE.—

4 (1) IN GENERAL.—The Secretary shall require

5 the Helena Indian Alliance to cover costs to be in6 curred by the Secretary, or to reimburse the Sec7 retary for costs incurred by the Secretary, to carry

8 out the conveyance under subsection (a), including

9 survey costs, costs related to environmental docu10 mentation, and other administrative costs related to

11 the conveyance. If amounts are collected from the

12 Helena Indian Alliance in advance of the Secretary

13 incurring the actual costs, and the amount collected

14 exceeds the costs actually incurred by the Secretary

15 to carry out the conveyance, the Secretary shall re16 fund the excess amount to the Alliance.

17 (2) REIMBURSEMENT.—Amounts received as

18 reimbursement under paragraph (1) shall be cred19 ited to the fund or account that was used to cover

20 the costs incurred by the Secretary in carrying out

21 the conveyance. Amounts so credited shall be merged

22 with amounts in such fund or account and shall be

23 available for the same purposes, and subject to the

24 same conditions and limitations, as amounts in such

25 fund or account.
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1 (d) DESCRIPTION OF REAL PROPERTY.—The exact

2 acreage and legal description of the real property to be

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

4 survey satisfactory to the Secretary.

5 (e) ADDITIONAL TERMS AND CONDITIONS.—The

6 Secretary may require such additional terms and condi7 tions in connection with the conveyance under subsection

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

9 interests of the United State.

10 SEC. 2842. LAND CONVEYANCE, ARMY RESERVE CENTER,

11 BOTHELL, WASHINGTON.

12 (a) CONVEYANCE AUTHORIZED.—The Secretary of

13 the Army may convey, without consideration, to the Sno14 homish County Fire Protection District #10 (in this sec15 tion referred to as the ‘‘Fire District’’) all right, title, and

16 interest of the United States in and to a parcel of real

17 property, including any improvements thereon, consisting

18 of approximately 1.0 acres located at the Army Reserve

19 Center, Bothell, Washington, for the purpose of permit20 ting the Fire District to operate a fire station on the prop21 erty.

22 (b) REVERSIONARY INTEREST.—If the Secretary de23 termines at any time that the real property conveyed

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

25 the purpose of the conveyance specified in such subsection,
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1 all right, title, and interest in and to the property shall

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

3 and the United States shall have the right of immediate

4 entry onto the property. Any determination of the Sec5 retary under this subsection shall be made on the record

6 after an opportunity for a hearing.

7 (c) PAYMENT OF COSTS OF CONVEYANCE.—

8 (1) IN GENERAL.—The Secretary may require

9 the Fire District to cover costs to be incurred by the

10 Secretary, or to reimburse the Secretary for costs in11 curred by the Secretary, to carry out the conveyance

12 under subsection (a), including survey costs, costs

13 related to environmental documentation, and other

14 administrative costs related to the conveyance. If

15 amounts are collected from the Fire District in ad16 vance of the Secretary incurring the actual costs,

17 and the amount collected exceeds the costs actually

18 incurred by the Secretary to carry out the convey19 ance, the Secretary shall refund the excess amount

20 to Fire District.

21 (2) REIMBURSEMENT.—Amounts received as

22 reimbursement under paragraph (1) shall be cred23 ited to the fund or account that was used to cover

24 the costs incurred by the Secretary in carrying out

25 the conveyance. Amounts so credited shall be merged
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1 with amounts in such fund or account, and shall be

2 available for the same purposes, and subject to the

3 same conditions and limitations, as amounts in such

4 fund or account.

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

6 and legal description of the real property to be conveyed

7 under subsection (a) shall be determined by surveys satis8 factory to the Secretary. The cost of each survey shall be

9 borne by the Fire District.

10 (e) ADDITIONAL TERMS AND CONDITIONS.—The

11 Secretary may require such additional terms and condi12 tions in connection with the conveyance under subsection

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

14 interests of the United States.

15 SEC. 2843. LAND CONVEYANCE, IOWA ARMY AMMUNITION

16 PLANT, MIDDLETOWN, IOWA.

17 (a) CONVEYANCE AUTHORIZED.—The Secretary of

18 the Army may convey to the City of Middletown (in this

19 section referred to as the ‘‘City’’) all right, title, and inter20 est of the United States in and to a parcel of real property,

21 including any improvements thereon, consisting of ap22 proximately 1.0 acres located at the Iowa Army Ammuni23 tion Plant, Middletown, Iowa, for the purpose of economic

24 development.
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1 (b) CONSIDERATION.—As consideration for the con2 veyance of property under subsection (a), the City shall

3 provide the United States, whether by cash payment, in4 kind consideration, or a combination thereof, an amount

5 that is not less than the fair market value of the conveyed

6 property, as determined by the Secretary.

7 (c) PAYMENT OF COSTS OF CONVEYANCE.—

8 (1) IN GENERAL.—The Secretary may require

9 the City to cover costs to be incurred by the Sec10 retary, or to reimburse the Secretary for costs in11 curred by the Secretary, to carry out the conveyance

12 under subsection (a), including survey costs, costs

13 related to environmental documentation, and other

14 administrative costs related to the conveyance. If

15 amounts are collected from the City in advance of

16 the Secretary incurring the actual costs, and the

17 amount collected exceeds the costs actually incurred

18 by the Secretary to carry out the conveyance, the

19 Secretary shall refund the excess amount to the

20 City.

21 (2) REIMBURSEMENT.—Amounts received as

22 reimbursement under paragraph (1) shall be cred23 ited to the fund or account that was used to cover

24 the costs incurred by the Secretary in carrying out

25 the conveyance. Amounts so credited shall be merged
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1 with amounts in such fund or account, and shall be

2 available for the same purposes, and subject to the

3 same conditions and limitations, as amounts in such

4 fund or account.

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

6 and legal description of the real property to be conveyed

7 under subsection (a) shall be determined by surveys satis8 factory to the Secretary. The cost of each survey shall be

9 borne by the City.

10 (e) ADDITIONAL TERMS AND CONDITIONS.—The

11 Secretary may require such additional terms and condi12 tions in connection with the conveyance under subsection

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

14 interests of the United States.

15 PART II—NAVY CONVEYANCES

16 SEC. 2851. LAND CONVEYANCE, MARINE CORPS AIR STA17 TION, MIRAMAR, SAN DIEGO, CALIFORNIA.

18 (a) CONVEYANCE AUTHORIZED.—Subject to sub19 section (c), the Secretary of the Navy may convey to the

20 County of San Diego, California (in this section referred

21 to as the ‘‘County’’), all right, title, and interest of the

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

23 any improvements thereon and appurtenant easements

24 thereto, consisting of approximately 230 acres located on

25 the eastern boundary of Marine Corps Air Station,
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1 Miramar, California, for the purpose of removing the

2 property from the boundaries of the installation and per3 mitting the County to preserve the entire property known

4 as the Stowe Trail as a public passive park/recreational

5 area.

6 (b) CONSIDERATION.—

7 (1) IN GENERAL.—As consideration for the con8 veyance under subsection (a), the County shall pro9 vide the United States an amount with a total value

10 that is not less than the fair market value of the

11 conveyed real property, as determined by the Sec12 retary.

13 (c) REVERSIONARY INTEREST.—

14 (1) IN GENERAL.—If the Secretary determines

15 at any time that the real property conveyed under

16 subsection (a) is not being used in accordance with

17 the purpose of the conveyance specified in such sub18 section, all right, title, and interest in and to the

19 property, including any improvements thereon, shall

20 revert, at the option of the Secretary, to the United

21 States, and the United States shall have the right of

22 immediate entry onto the property. Any determina23 tion of the Secretary under this subsection shall be

24 made on the record after an opportunity for a hear25 ing.
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1 (2) RELEASE OF REVERSIONARY INTEREST.—

2 The Secretary shall release, without consideration,

3 the reversionary interest retained by the United

4 States under paragraph (1) if the Marine Corps Air

5 Station, Miramar, is no longer being used for De6 partment of Defense activities.

7 (d) PAYMENT OF COSTS OF CONVEYANCE.—

8 (1) PAYMENT REQUIRED.—The Secretary shall

9 require the County to cover costs to be incurred by

10 the Secretary, or to reimburse the Secretary for

11 costs incurred by the Secretary, to carry out the

12 conveyance under subsection (a) and implement the

13 receipt of consideration under subsection (b), includ14 ing appraisal costs, survey costs, costs related to en15 vironmental documentation, and other administrative

16 costs related to the conveyance and receipt of consid17 eration. If amounts are collected from the County in

18 advance of the Secretary incurring the actual costs,

19 and the amount received exceeds the costs actually

20 incurred by the Secretary under this section, the

21 Secretary shall refund the excess amount to the

22 County.

23 (2) REIMBURSEMENT.—Amounts received as

24 reimbursement under paragraph (1) shall be cred25 ited to the fund or account that was used to cover
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1 the costs incurred by the Secretary in carrying out

2 the conveyance. Amounts so credited shall be merged

3 with amounts in such fund or account and shall be

4 available for the same purposes, and subject to the

5 same conditions and limitations, as amounts in such

6 fund or account.

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

8 and legal description of the real property to be conveyed

9 under subsection (a) shall be determined by a survey satis10 factory to the Secretary.

11 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec12 retary may require such additional terms and conditions

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

14 the Secretary considers appropriate to protect the inter15 ests of the United States.

16 SEC. 2852. LEASE OF UNITED STATES NAVY MUSEUM FA17 CILITIES AT WASHINGTON NAVY YARD, DIS18 TRICT OF COLUMBIA.

19 (a) LEASE OR LICENSE AUTHORIZED.—

20 (1) IN GENERAL.—The Secretary of the Navy

21 may lease to the Naval Historical Foundation (in

22 this section referred to as the ‘‘Foundation’’) facili23 ties located at Washington Naval Yard, Washington,

24 District of Columbia, that house the United States

25 Navy Museum (in this section referred to as the
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1 ‘‘Museum’’) for the purpose of carrying out the fol2 lowing activities:

3 (A) Generation of revenue for the Museum

4 through the rental of facilities to the public,

5 commercial and non-profit entities, State and

6 local governments, and other Federal agencies.

7 (B) Administrative activities in support of

8 the Museum.

9 (2) LIMITATION.—Any activities carried out at

10 the leased facilities under paragraph (1) must be

11 consistent with the operations of the Museum.

12 (b) CONSIDERATION.—The amount of consideration

13 paid in a year by the Foundation to the United States

14 for the lease of facilities under subsection (a) may not ex15 ceed the actual cost, as determined by the Secretary, of

16 the annual operation and maintenance of the facilities.

17 (c) USE OF PROCEEDS.—

18 (1) DEPOSIT OF PROCEEDS.—The Secretary

19 shall deposit any amounts received under subsection

20 (b) for the lease or license of facilities under sub21 section (a) into the account for appropriations avail22 able for the operation and maintenance of the Mu23 seum.

24 (2) AVAILABILITY OF AMOUNTS.—The Sec25 retary may use any amounts deposited under para-
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1 graph (1) to cover the costs associated with the op2 eration and maintenance of the Museum and its ex3 hibits.

4 (d) ADDITIONAL TERMS AND CONDITIONS.—The

5 Secretary may require such additional terms and condi6 tions in connection with the lease or lease of facilities

7 under subsection (a) as the Secretary considers appro8 priate to protect the interests of the United States.

9 PART III—AIR FORCE CONVEYANCES

10 SEC. 2861. ACQUISITION OF BUILD-TO-LEASE FAMILY HOUS11 ING AT EIELSON AIR FORCE BASE, ALASKA.

12 (a) ACQUISITION AUTHORIZED.—

13 (1) IN GENERAL.—The Secretary of the Air

14 Force may purchase the entire interest of the devel15 oper in the military family housing project at

16 Eielson Air Force Base, Alaska, described in para17 graph (2) if the Secretary determines that the pur18 chase is in the best economic interests of the Air

19 Force.

20 (2) DESCRIPTION OF PROJECT.—The military

21 family housing project referred to in this section is

22 the 300-unit military family housing project at

23 Eielson Air Force Base that was constructed by the

24 developer and is leased by the Secretary under sec25 tion 2835 of title 10, United States Code (in this
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1 section referred to as the ‘‘Eielson housing

2 project’’).

3 (b) CONSIDERATION.—The consideration paid by the

4 Secretary under this section for the interest of the devel5 oper in the Eielson housing project may not exceed an

6 amount equal to the fair market value of such interest,

7 as determined by the Secretary.

8 (c) TIME FOR PURCHASE.—

9 (1) IN GENERAL.—Subject to paragraph (2),

10 the Secretary may make the purchase authorized by

11 subsection (a) at any time after the end of the term

12 of the lease for the Eielson housing project.

13 (2) NOTICE AND WAIT REQUIREMENT.—The

14 Secretary may not make the purchase authorized by

15 subsection (a) until 30 days after notifying the con16 gressional defense committees of the Secretary’s

17 election to make such purchase.

18 SEC. 2862. LAND CONVEYANCE, AIR FORCE PROPERTY, LA

19 JUNTA, COLORADO.

20 (a) CONVEYANCE AUTHORIZED.—The Secretary of

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

22 City of La Junta, Colorado (in this section referred to as

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

24 States in and to a parcel of real property, including im25 provements thereon, consisting of approximately 8 acres
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1 located at the USA Bomb Plot in the La Junta Industrial

2 Park for the purpose of training local law enforcement of3 ficers.

4 (b) PAYMENT OF COSTS OF CONVEYANCE.—

5 (1) IN GENERAL.—The Secretary shall require

6 the City to cover costs to be incurred by the Sec7 retary after the date of enactment of the Act, or to

8 reimburse the Secretary for costs incurred by the

9 Secretary after that date, to carry out the convey10 ance under subsection (a), including any survey

11 costs, costs related to environmental assessments,

12 studies, analyses, or other documentation, and other

13 administrative costs related to the conveyance. If

14 amounts are collected from the City in advance of

15 the Secretary incurring the actual costs, and the

16 amount collected exceeds the costs actually incurred

17 by the Secretary to carry out the conveyance, the

18 Secretary shall refund the excess amount to the

19 City.

20 (2) TREATMENT OF AMOUNTS RECEIVED.—

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

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

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

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

5 and legal description of the property to be conveyed under

6 subsection (a) shall be determined by a survey satisfactory

7 to the Secretary.

8 (d) ADDITIONAL TERMS AND CONDITIONS.—The

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

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

12 interests of the United States.

13 Subtitle D—Other Matters

14 SEC. 2881. REORGANIZATION AND TECHNICAL IMPROVE15 MENT OF CODIFIED LAWS APPLICABLE TO

16 REAL PROPERTY OF THE DEPARTMENT OF

17 DEFENSE.

18 (a) CONSOLIDATION OF ACQUISITION AUTHORITY.—

19 Section 2663 of title 10, United States Code, is

20 amended—

21 (1) in the heading, by inserting ‘‘authority’’

22 after ‘‘Acquisition’’;

23 (2) in subsection (a)—
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1 (A) by redesignating paragraphs (1), (2),

2 and (3) as subparagraphs (A), (B), and (C), re3 spectively;

4 (B) by striking ‘‘(a) The Secretary’’ and

5 inserting the following:

6 ‘‘(a) IN GENERAL.—(1) The Secretary’’; and

7 (C) in paragraph (1)(C), as redesignated

8 by this paragraph, by striking ‘‘clause (2)’’ and

9 inserting ‘‘subparagraph (B)’’;

10 (3) by redesignating subsections (b), (c), and

11 (d), as paragraphs (2), (3), and (4), respectively;

12 (4) by striking ‘‘subsection (a)’’ each place it

13 appears and inserting ‘‘paragraph (1)’’; and

14 (5) by adding at the end the following new sub15 sections:

16 ‘‘(b) LOW-COST INTERESTS IN LAND.—(1) The Sec17 retary of a military department may acquire any interest

18 in land that—

19 ‘‘(A) the Secretary determines—

20 ‘‘(i) is needed in the interest of na21 tional defense; and

22 ‘‘(ii) does not cost more than

23 $750,000, exclusive of administrative costs

24 and the amounts of any deficiency judg25 ments; or
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1 ‘‘(B) the Secretary determines—

2 ‘‘(i) is needed solely to correct a defi3 ciency that is life-threatening, health4 threatening, or safety-threatening; and

5 ‘‘(ii) does not cost more than

6 $1,500,000, exclusive of administrative

7 costs and the amounts of any deficiency

8 judgments.

9 ‘‘(2) This subsection does not apply to the acquisi10 tion, as part of the same project, of more than one parcel

11 of land unless—

12 ‘‘(A) the parcels are noncontiguous; or

13 ‘‘(B) if the parcels are contiguous—

14 ‘‘(i) the total cost of such parcels is not

15 more than $750,000 in the case of an acquisi16 tion under paragraph (1)(A); or

17 ‘‘(ii) the total cost of such parcels is not

18 more than $1,500,000 in the case of an acquisi19 tion under paragraph (1)(B).

20 ‘‘(3) Appropriations available to the Department of

21 Defense for operation and maintenance or for military

22 construction may be used for the acquisition of land or

23 interests in land under paragraph (1).

24 ‘‘(c) INTERESTS IN LAND WHEN NEED IS UR25 GENT.—(1) The Secretary of a military department may
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1 acquire any interest in land in any case in which the Sec2 retary determines that—

3 ‘‘(A) the acquisition is needed in the inter4 est of national defense;

5 ‘‘(B) the acquisition is required to main6 tain the operational integrity of a military in7 stallation; and

8 ‘‘(C) considerations of urgency do not per9 mit the delay necessary to include the acquisi10 tion in an annual Military Construction Author11 ization Act.

12 ‘‘(2) Not later than 10 days after the date on which

13 the Secretary of a military department determines to ac14 quire an interest in land under the authority of this sub15 section, the Secretary shall submit to the Committee on

16 Armed Services of the Senate and the Committee on

17 Armed Services of the House of Representatives written

18 notice containing a description of the property and interest

19 to be acquired and the reasons for the acquisition.

20 ‘‘(3) Appropriations available for military construc21 tion may be used for the acquisition of land under this

22 subsection.

23 ‘‘(d) SCOPE OF AUTHORITY.—The authority to ac24 quire interests in real property (including a temporary in25 terest) under this section includes authority to—
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1 ‘‘(1) make surveys; and

2 ‘‘(2) acquire interests in real property by gift,

3 purchase, exchange of real property owned by the

4 United States, or otherwise.’’.

5 (b) ACQUISITION LIMITATIONS.—

6 (1) TRANSFER OF LIMITATIONS.—Section 2676

7 of such title is—

8 (A) transferred to appear after section

9 2663 of such title; and

10 (B) redesignated as section 2664 of such

11 title.

12 (2) STYLISTIC AND CLERICAL AMENDMENTS.—

13 Section 2664 of such title, as redesignated by para14 graph (1), is amended—

15 (A) by striking subsection (b);

16 (B) by redesignating subsections (c), (d),

17 and (e) as subsections (b), (c), and (d), respec18 tively;

19 (C) in subsection (b), as redesignated by

20 subparagraph (B)—

21 (i) by striking ‘‘determines (A) that

22 such’’ and inserting the following: ‘‘deter23 mines that—

24 ‘‘(A) such’’;
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1 (ii) by striking ‘‘cost, and (B) that

2 such’’ and inserting the following: ‘‘cost;

3 and

4 ‘‘(B) that such’’; and

5 (iii) by striking ‘‘subsection (d)’’ and

6 inserting ‘‘subsection (c)’’;

7 (D) in subsection (c), as so redesignated,

8 by striking ‘‘subsection (c)’’ and inserting ‘‘sub9 section (b)’’; and

10 (E) in subsection (d), as so redesignated,

11 by striking ‘‘subsections (c) and (d)’’ and in12 serting ‘‘subsections (b) and (c)’’.

13 (c) REPEAL OF CONSOLIDATED SECTIONS.—The fol14 lowing sections of chapter 159 of such title are repealed:

15 (1) Section 2672.

16 (2) Section 2672a.

17 (d) CLERICAL AMENDMENTS.—The table of sections

18 at the beginning of such chapter is amended—

19 (1) by amending the item relating to section

20 2663 to read as follows:

‘‘2663. Acquisition authority.’’;

21 (2) by inserting after the item relating to sec22 tion 2663 the following new item:

‘‘2664. Acquisition: limitations.’’; and

23 (3) by striking the items relating to sections

24 2672, 2672a, and 2676.
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1 (e) REPEAL OF OBSOLETE AUTHORITY.—Section

2 2665 of such title is amended—

3 (1) by striking subsection (a);

4 (2) by redesignating subsections (b), (c), (d),

5 (e), and (f) as subsections (a), (b), (c), (d), and (e),

6 respectively;

7 (3) in subsection (b), as redesignated by para8 graph (2), by striking ‘‘subsection (a) or (b)’’ and

9 inserting ‘‘subsection (a)’’; and

10 (4) in paragraph (2) of subsection (e), as so

11 redesignated—

12 (A) by striking ‘‘subsections (a) and (b)’’

13 and inserting ‘‘subsection (a)’’;

14 (B) by striking ‘‘subsection (d)’’ and in15 serting ‘‘subsection (c)’’; and

16 (C) by striking ‘‘subsection (e)’’ and in17 serting ‘‘subsection (d)’’.

18 (f) TRANSFER OF FORD ISLAND PROVISION.—

19 (1) TRANSFER AND REDESIGNATION.—Section

20 2814 of such title is—

21 (A) transferred to appear after section

22 7524 of such title; and

23 (B) redesignated as section 7525 of such

24 title.
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1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.—Subsection (i) of section 7525 of such title,

3 as transferred and redesignated by paragraph (1), is

4 amended—

5 (A) in paragraph (2)—

6 (i) by striking ‘‘To extent’’ and insert7 ing ‘‘To the extent; and

8 (ii) by striking ‘‘this chapter’’ and in9 serting ‘‘chapter 169 of this title’’; and

10 (B) in paragraph (3)(B), by striking ‘‘this

11 chapter’’ and inserting ‘‘chapter 169 of this

12 title’’.

13 (3) CLERICAL AMENDMENTS.—(A) The table of

14 sections at the beginning of chapter 169 of such title

15 is amended by striking the item relating to section

16 2814.

17 (B) The table of sections at the beginning of

18 chapter 645 of such title is amended by adding at

19 the end the following new item:

‘‘7525. Special authority for development of Ford Island, Hawaii.’’.

20 (g) APPLICATION OF REAL PROPERTY MANAGEMENT

21 AUTHORITIES TO PENTAGON RESERVATION.—Section

22 2661 of such title is amended by adding at the end the

23 following new subsection:

24 ‘‘(d) In this chapter, the terms ‘Secretary concerned’

25 and ‘Secretary of a military department’ include the Sec-
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1 retary of Defense with respect to the Pentagon Reserva2 tion.’’.

3 SEC. 2882. REPORT ON APPLICATION OF FORCE PROTEC4 TION AND ANTI-TERRORISM STANDARDS TO

5 LEASED FACILITIES.

6 (a) REPORT REQUIRED.—Not later than May 1,

7 2006, the Secretary of Defense shall submit to the con8 gressional defense committees a report on the application

9 of Department of Defense Anti-Terrorism/Force Protec10 tion standards to all facilities leased by the Department

11 of Defense or leased by the General Services Administra12 tion as an agent for the Department of Defense as of Sep13 tember 30, 2005.

14 (b) INFORMATION ON LEASED FACILITIES.—For

15 each facility identified in the report submitted under sub16 section (a), the Secretary shall include the following:

17 (1) A description of the function of the leased

18 facility, including the location, size, terms of lease,

19 and the number of personnel housed within the facil20 ity.

21 (2) A description of the threat assessment and

22 the joint security integrated vulnerability assessment

23 for each leased facility.
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1 (3) A description and cost estimate of any ac2 tions necessary to mitigate risk to an acceptable

3 level in each leased facility.

4 (4) A description and cost estimate of the ac5 tions to be taken by the Secretary of Defense for

6 each leased facility to ensure compliance with De7 partment of Defense Anti-Terrorism/Force Protec8 tion standards.

9 (5) The total estimated cost of, and a proposed

10 funding plan for, implementation of the force protec11 tion and anti-terrorism measures required to ensure

12 the compliance of all leased facilities with Defense

13 Anti-Terrorism/Force Protection standards.

14 (c) INFORMATION ON SUPPORT PRIORITIES.—The

15 report submitted under subsection (a) shall also include

16 a separate description of the procedures used by the Sec17 retary of Defense to prioritize funding for the application

18 of force protection and antiterrorism standards to leased

19 facilities, including a description of any such procedures

20 applicable to the entire Department of Defense.

21 (d) APPLICABILITY.—The reporting requirements

22 under this section apply to any space or facility that

23 houses 11 or more personnel in service to, or employed

24 by, the Department of Defense.
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1 SEC. 2883. CONSTRUCTION AT FORT BUCHANAN, PUERTO

2 RICO, FOR RESERVE COMPONENTS.

3 Section 1507(b)(2) of the Floyd D. Spence National

4 Defense Authorization Act for Fiscal Year 2001 (Public

5 Law 106–398, 114 Stat. 1654A–355) is amended to read

6 as follows:

7 ‘‘(2) The construction, conversion, rehabilita8 tion, extension, and improvement of reserve compo9 nent and nonappropriated fund facilities.’’.

10 SEC. 2884. AUTHORITY TO USE PAPAGO PARK MILITARY

11 RESERVATION, ARIZONA, FOR GENERAL MILI12 TARY PURPOSES.

13 Section 1 of the Act of April 7, 1930 (46 Stat. 142,

14 chapter 107), is amended by striking ‘‘reserved for mili15 tary purposes for use of the National Guard of Arizona

16 as a rifle range’’ and inserting ‘‘reserved for military pur17 poses for use by the State of Arizona as a military installa18 tion known as Papago Park Military Reservation’’.

19 SEC. 2885. ONE-YEAR EXTENSION OF DEPARTMENT OF DE20 FENSE LABORATORY REVITALIZATION PRO21 GRAM.

22 Section 2892(g) of the National Defense Authoriza23 tion Act for Fiscal Year 1996 (Public Law 104–106; 10

24 U.S.C. 2805 note), as amended by section 2891 of the

25 Ronald W. Reagan National Defense Authorization Act

26 for Fiscal Year 2005 (Public Law 108–375; 118 Stat.
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1 2154), is further amended by striking ‘‘September 30,

2 2005’’ and inserting ‘‘September 30, 2006’’.

3 SEC. 2886. SENSE OF CONGRESS ON ESTABLISHMENT OF

4 BAKERS CREEK MEMORIAL.

5 (a) FINDINGS.—Congress makes the following find6 ings:

7 (1) In 1943 and 1944, the United States

8 Armed Forces operated a rest and relaxation facility

9 in Mackay, Queensland, Australia, for troops serving

10 in the Pacific Theater during World War II.

11 (2) On June 14, 1943, a Boeing B–17C was

12 transporting 6 crew members and 35 servicemen

13 from Mackay to Port Moresby, New Guinea, to re14 turn the servicemen to duty after 10 days of rest

15 and relaxation leave at an Army/Red Cross facility.

16 (3) The aircraft crashed shortly after take-off

17 at Bakers Creek, Australia, killing all 6 crew mem18 bers and 34 of the 35 servicemen being transported

19 in what was at that point the worst crash in Amer20 ican air transport history, and what remains the

21 worst air disaster in Australian history.

22 (4) Due to wartime censorship rules related to

23 the movement of troops, the tragic crash and loss of

24 life were not reported to the Australian or United

25 States public.
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1 (5) Many family members of those killed did

2 not learn the circumstances of the troops deaths

3 until they were contacted by the Bakers Creek Me4 morial Foundation beginning in 1992.

5 (6) As of May 2005, the Bakers Creek Memo6 rial Foundation had contacted 36 of the 40 families

7 that lost loved ones in the tragic crash, and was con8 tinuing efforts to locate the remaining four families

9 to inform them of the true events of the crash at

10 Bakers Creek.

11 (7) The Australian people marked the tragic

12 crash at Bakers Creek with a memorial established

13 in 1992, but no similar memorial has been estab14 lished in the United States.

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that the Secretary of the Army may establish an

17 appropriate marker, at a site to be chosen at the discretion

18 of the Secretary, to commemorate the 40 members of the

19 United States Armed Forces who lost their lives in the

20 air crash at Bakers Creek, Australia, on June 14, 1943.

21 SEC. 2887. REPORT ON USE OF GROUND SOURCE HEAT

22 PUMPS AT DEPARTMENT OF DEFENSE FA23 CILITIES.

24 (a) REPORT REQUIRED.—Not later than 180 days

25 after the date of the enactment of this Act, the Secretary
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1 of Defense shall submit to the congressional defense com2 mittees a report on the use of ground source heat pumps

3 at Department of Defense facilities.

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

5 (a) shall include—

6 (1) a description of the types of Department of

7 Defense facilities that use ground source heat

8 pumps;

9 (2) an assessment of the applicability and cost10 effectiveness of the use of ground source heat pumps

11 at Department of Defense facilities in different geo12 graphic regions of the United States;

13 (3) a description of the relative applicability of

14 ground source heat pumps for purposes of new con15 struction at, and retrofitting of, Department of De16 fense facilities; and

17 (4) recommendations for facilitating and en18 couraging the increased use of ground source heat

19 pumps at Department of Defense facilities.
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1 SEC. 2888. TREATMENT OF INDIAN TRIBAL GOVERNMENTS

2 AS PUBLIC ENTITIES FOR PURPOSES OF DIS3 POSAL OF REAL PROPERTY RECOMMENDED

4 FOR CLOSURE IN JULY 2003 BRAC COMMIS5 SION REPORT.

6 Section 8013 of the Department of Defense Appro7 priations Act, 1994 (Public Law 103–139; 107 Stat.

8 1440) is amended by striking ‘‘the report to the President

9 from the Defense Base Closure and Realignment Commis10 sion, July 1991’’ and inserting ‘‘the reports to the Presi11 dent from the Defense Base Closure and Realignment

12 Commission, July 1991 and July 1993’’.

13 SEC. 2889. SENSE OF THE SENATE REGARDING COMMUNITY

14 IMPACT ASSISTANCE RELATED TO CON15 STRUCTION OF NAVY LANDING FIELD,

16 NORTH CAROLINA.

17 It is the sense of the Senate that—

18 (1) the planned construction of an outlying

19 landing field in North Carolina is vital to the na20 tional security interests of the United States; and

21 (2) the Department of Defense should work

22 with other Federal agencies to provide community

23 impact assistance to those communities directly im24 pacted by the location of the outlying landing field,

25 including, where appropriate—

26 (A) economic development assistance;
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1 (B) impact aid program assistance;

2 (C) the provision by cooperative agreement

3 with the Navy of fire, rescue, water, and sewer

4 services;

5 (D) access by leasing arrangement to ap6 propriate land for farming for farmers impacted

7 by the location of the landing field;

8 (E) direct relocation assistance; and

9 (F) fair compensation to landowners for

10 property purchased by the Navy.

11 SEC. 2890. DESIGNATION OF WILLIAM B. BRYANT ANNEX.

12 (a) DESIGNATION.—The annex to the E. Barrett

13 Prettyman Federal Building and United States Court14 house located at 333 Constitution Avenue Northwest in

15 the District of Columbia shall be known and designated

16 as the ‘‘William B. Bryant Annex’’.

17 (b) REFERENCES.—Any reference in a law, map, reg18 ulation, document, paper, or other record of the United

19 States to the annex referred to in subsection (a) shall be

20 deemed to be a reference to the ‘‘William B. Bryant

21 Annex’’.
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1 SEC. 2891. REQUIRED CONSULTATION WITH STATE AND

2 LOCAL ENTITIES ON TRANSPORTATION,

3 HOUSING, AND OTHER INFRASTRUCTURE

4 ISSUES RELATED TO THE ADDITION OF PER5 SONNEL OR FACILITIES AT MILITARY INSTAL6 LATIONS AS PART OF 2005 ROUND OF DE7 FENSE BASE CLOSURE AND REALIGNMENT.

8 Section 2905(a) of the Defense Base Closure and Re9 alignment Act of 1990 (part A of title XXIX of Public

10 Law 101–510; 10 U.S.C. 2687 note) is amended by add11 ing at the end the following new paragraph:

12 ‘‘(3) In carrying out any closure or realignment under

13 this part that would add personnel or facilities to an exist14 ing military installation, the Secretary shall consult with

15 appropriate State and local entities on matters affecting

16 the local community related to transportation, utility in17 frastructure, housing, schools, and family support activi18 ties during the development of plans to implement such

19 closure or realignment.’’.

20 SEC. 2892. SENSE OF THE SENATE ON REVERSIONARY IN21 TERESTS AT NAVY HOMEPORTS.

22 It is the sense of the Senate that, in implementing

23 the decisions made with respect to Navy homeports as part

24 of the 2005 round of defense base closure and realign25 ment, the Secretary of the Navy should, consistent with

26 the national interest and Federal policy supporting cost-
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1 free conveyances of Federal surplus property suitable for

2 use as port facilities, release or otherwise relinquish any

3 entitlement to receive, pursuant to any agreement pro4 viding for such payment, compensation from any holder

5 of a reversionary interest in real property used by the

6 United States for improvements made to any military in7 stallation that is closed or realigned as part of such base

8 closure round.

9 SEC. 2893. IDENTIFICATION OF ENVIRONMENTAL CONDI10 TIONS AT MILITARY INSTALLATIONS CLOSED

11 OR REALIGNED UNDER 2005 ROUND OF DE12 FENSE BASE CLOSURE AND REALIGNMENT.

13 (a) IDENTIFICATION OF ENVIRONMENTAL CONDI14 TION OF PROPERTY.—

15 (1) IN GENERAL.—Not later than May 31,

16 2007, the Secretary of Defense, in consultation with

17 the Administrator of the Environmental Protection

18 Agency, other appropriate Federal agencies, and

19 State, tribal, and local government officials, shall

20 complete an identification of the environmental con21 dition of the real property (including groundwater)

22 of each military installation approved for closure or

23 realignment under the 2005 round of defense base

24 closure and realignment in accordance with section

25 120(h)(4) of the Comprehensive Environmental Re-
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1 sponse, Compensation, and Liability Act of 1980 (42

2 U.S.C. 9620(h)(4)).

3 (2) RESULTS.—

4 (A) IN GENERAL.—As soon as practicable

5 after the date on which an identification under

6 paragraph (1) is completed, the Secretary of

7 Defense shall—

8 (i) provide a notice of the results of

9 the identification to—

10 (I) the Administrator of the En11 vironmental Protection Agency;

12 (II) the head of any other appro13 priate Federal agency, as determined

14 by the Secretary; and

15 (III) any affected State or tribal

16 government official, as determined by

17 the Secretary; and

18 (ii) publish in the Federal Register

19 the results of the identification.

20 (B) REQUEST FOR CONCURRENCE.—The

21 Secretary shall include in a notice provided

22 under subclause (I) or (III) of subparagraph

23 (A)(i) a request for concurrence with the identi24 fication in such form as the Secretary deter25 mines to be appropriate.
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1 (3) CONCURRENCE.—

2 (A) IN GENERAL.—An identification under

3 paragraph (1) shall not be considered to be

4 complete until—

5 (i) for a property that is a site, or

6 part of a site, on the National Priorities

7 List developed by the President in accord8 ance with section 105(a)(8)(B) of the

9 Comprehensive Environmental Response,

10 Compensation, and Liability Act of 1980

11 (42 U.S.C. 9605(a)(8)(B)), the date on

12 which the Administrator of the Environ13 mental Protection Agency and each appro14 priate State and tribal government official

15 concur with the identification; and

16 (ii) for any property that is not a site

17 described in clause (i), the date on which

18 each appropriate State and tribal govern19 ment official concurs with the identifica20 tion.

21 (B) FAILURE TO ACT.—The Adminis22 trator, or a State or tribal government official,

23 shall be considered to concur with an identifica24 tion under paragraph (1) if the Administrator

25 or government official fails to make a deter-
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1 mination with respect to a request for concur2 rence with such identification under paragraph

3 (2)(B) by not later than 90 days after the date

4 on which such request for concurrence is re5 ceived.

6 (b) EXPEDITING ENVIRONMENTAL RESPONSE.—The

7 Secretary of Defense shall coordinate with appropriate

8 Federal, State, tribal, and local governmental officials, as

9 determined by the Secretary, to expedite environmental re10 sponse at military installations approved for closure or re11 alignment under the 2005 round of defense base closure

12 and realignment.

13 (c) REPORT.—The Secretary shall submit to Con14 gress, as part of each annual report under section 2706

15 of title 10, United States Code, a report describing any

16 progress made in carrying out this section.

17 (d) EFFECT OF SECTION.—Nothing in this section

18 affects any obligation of the Secretary with respect to any

19 other Federal or State requirement relating to—

20 (1) the environment; or

21 (2) the transfer of property.
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1 SEC. 2894. SENSE OF CONGRESS ON LIMITATION ON TRANS2 FER OF UNITS FROM CLOSED AND RE3 ALIGNED MILITARY INSTALLATIONS PEND4 ING READINESS OF RECEIVING LOCATIONS.

5 (a) FINDINGS.—

6 (1) The Commission on Review of Overseas

7 Military Facility Structure of the United States, also

8 known as the Overseas Basing Commission, trans9 mitted a report to the President and Congress on

10 August 15, 2005, that discussed considerations for

11 the return to the United States of up to 70,000

12 service personnel and 100,000 family members and

13 civilian employees from overseas garrisons.

14 (2) The 2005 Base Closure and Realignment

15 Commission released a report on September 8, 2005,

16 to the President that assessed the closure and re17 alignment decisions of the Department of Defense,

18 which would affect 26,830 military personnel posi19 tions.

20 (3) Both of these reports expressed concerns

21 that massive movements of units, service personnel,

22 and families may disrupt unit operational effective23 ness and the quality of life for family members if not

24 carried out with adequate planning and resources.

25 (4) The 2005 Base Closure and Realignment

26 Commission, in its decision to close Fort Monmouth,
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1 included a provision requiring the Secretary of De2 fense to provide a report that ‘‘movement of organi3 zations, functions, or activities from Fort Monmouth

4 to Aberdeen Proving Ground will be accomplished

5 without disruption of their support to the Global

6 War on Terrorism or other critical contingency oper7 ations, and that safeguards exist to ensure that nec8 essary redundant capabilities are put in place to

9 mitigate potential degradation of such support, and

10 to ensure maximum retention of critical workforce’’.

11 (5) The Overseas Basing Commission found

12 that ‘‘base closings at home along with the return of

13 yet additional masses of service members and de14 pendents from overseas will have major impact on

15 local communities and the quality of life that can be

16 expected. Movements abroad from established bases

17 into new locations, or into locations already in use

18 that will be put under pressure by increases in popu19 lations, will impact on living conditions.’’

20 (6) The Overseas Basing Commission notes

21 that the four most critical elements of quality of life

22 as they relate to restructuring of the global defense

23 posture are housing, military child education,

24 healthcare, and service member and family services.
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1 (7) The Overseas Basing Commission rec2 ommended that ‘‘planners must take a ‘last day-first

3 day’ approach to the movement of units and families

4 from one location to another’’, meaning that they

5 must maintain the support infrastructure for per6 sonnel until the last day they are in place and must

7 have the support infrastructure in place on the first

8 day troops arrive in the new location.

9 (8) The Overseas Basing Commission further

10 recommended that it is ‘‘imperative that the ‘last

11 day-first day’ approach should be taken whether the

12 movement is abroad from one locale to another, from

13 overseas to the United States, or from one base in

14 CONUS [the continental United States] to yet an15 other as a result of base realignment and closures’’.

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that the Secretary of Defense should not transfer

18 any unit from a military installation closed or realigned

19 due to the relocation of forces under the Integrated Global

20 Presence and Basing Strategy or the 2005 round of de21 fense base closure and realignment until adequate facili22 ties and infrastructure necessary to support the unit’s
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1 mission and quality of life requirements for military fami2 lies are ready for use at the receiving location.

Passed the Senate November 15, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1044

AN ACT

To authorize appropriations for fiscal year 2006 for

military construction, and for other purposes.