29–006 

113TH CONGRESS REPT. 113–115 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

AMENDING THE SIKES ACT TO PROMOTE THE USE OF COOPERATIVE 

AGREEMENTS UNDER SUCH ACT FOR LAND MANAGEMENT RELATED TO 

DEPARTMENT OF DEFENSE READINESS ACTIVITIES AND TO AMEND 

TITLE 10, UNITED STATES CODE, TO FACILITATE INTERAGENCY COOPERATION IN CONSERVATION PROGRAMS TO AVOID OR REDUCE ADVERSE IMPACTS ON MILITARY READINESS ACTIVITIES 

JUNE 17, 2013.—Ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 1080] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1080) to amend the Sikes Act to promote the use of cooperative agreements under such Act for land management related to 

Department of Defense readiness activities and to amend title 10, 

United States Code, to facilitate interagency cooperation in conservation programs to avoid or reduce adverse impacts on military 

readiness activities, having considered the same, report favorably 

thereon with an amendment and recommend that the bill as 

amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. COOPERATIVE AGREEMENTS UNDER SIKES ACT FOR LAND MANAGEMENT RELATED TO DEPARTMENT OF DEFENSE READINESS ACTIVITIES. 

(a) MULTIYEAR AGREEMENTS TO FUND LONG-TERM MANAGEMENT.—Subsection (b) 

of section 103A of the Sikes Act (16 U.S.C. 670c–1) is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘Funds’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) In the case of a cooperative agreement under subsection (a)(2), funds referred 

to in paragraph (1)— 

‘‘(A) may be paid in a lump sum and include an amount intended to cover 

the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and 

‘‘(B) may be invested by the recipient in accordance with the recipient’s own 

guidelines for the management and investment of financial assets, and any interest or income derived from such investment may be applied for the same purposes as the principal.’’. 

(b) AVAILABILITY OF FUNDS AND RELATION TO OTHER LAWS.—Subsection (c) of 

such section is amended to read as follows: 

mstockstill on DSK4VPTVN1PROD with HEARINGS

2 

‘‘(c) AVAILABILITY OF FUNDS AND RELATION TO OTHER LAWS.—(1) Cooperative 

agreements and interagency agreements entered into under this section shall be 

subject to the availability of funds. 

‘‘(2) Notwithstanding chapter 63 of title 31, United States Code, a cooperative 

agreement under this section may be used to acquire property or services for the 

direct benefit or use of the United States Government. 

‘‘(3) Amounts available to the Department of Defense that are provided to any 

Federal, State, local, or nongovernmental entity for conservation and rehabilitation 

of natural resources in an area that is not on a military installation— 

‘‘(A) may only be used for payment of direct costs associated with the management of such area; and 

‘‘(B) may be used to pay not more than 3 percent of total project administrative costs, fees, and management charges. 

‘‘(4) Amounts available to the Department of Defense may not be used under this 

Act to acquire fee title interest in real property for natural resources projects that 

are not on a military installation.’’. 

(c) ANNUAL AUDITS.—Section 103A of the Sikes Act (16 U.S.C. 670c–1) is amended 

by adding at the end the following: 

‘‘(d) ANNUAL AUDITS.—The Inspector General of the Department of Defense shall 

annually audit each natural resources project funded with amounts available to the 

Department of Defense under this Act that is not on a military installation.’’. 

SEC. 2. FACILITATION OF INTERAGENCY COOPERATION IN CONSERVATION PROGRAMS OF 

THE DEPARTMENTS OF DEFENSE, AGRICULTURE, AND INTERIOR TO AVOID OR REDUCE ADVERSE IMPACTS ON MILITARY READINESS ACTIVITIES. 

Section 2684a of title 10, United States Code, is amended— 

(1) by redesignating subsections (h) and (i) as subsections (i) and (j); and 

(2) by inserting after subsection (g) the following new subsection (h): 

‘‘(h) INTERAGENCY COOPERATION IN CONSERVATION PROGRAMS TO AVOID OR REDUCE ADVERSE IMPACTS ON MILITARY READINESS ACTIVITIES.—In order to facilitate 

interagency cooperation and enhance the effectiveness of actions that will protect 

both the environment and military readiness, the recipient of funds provided pursuant an agreement under this section or under the Sikes Act (16 U.S.C. et seq.) may, 

with regard to the lands and waters within the scope of the agreement, use such 

funds to satisfy any matching funds or cost-sharing requirement of any conservation 

program of the Department of Agriculture or the Department of the Interior notwithstanding any limitation of such program on the source of matching or cost-sharing funds.’’. 

SEC. 3. SUNSET. 

This Act and the provisions of law enacted by the amendments made by this Act 

shall expire on October 1, 2019, except that any cooperative agreement referred to 

in such provisions that is entered into on or before September 30, 2019, shall continue according to its terms and conditions as if this Act has not expired. 

PURPOSE OF THE BILL

The purpose of H.R. 1080, as ordered reported, is to amend the 

Sikes Act to promote the use of cooperative agreements under such 

Act for land management related to Department of Defense readiness activities and to amend title 10, United States Code, to facilitate interagency cooperation in conservation programs to avoid or 

reduce adverse impacts on military readiness activities. 

BACKGROUND AND NEED FOR LEGISLATION

The Department of Defense (DOD) controls over 28 million acres 

of valuable fish and wildlife habitat at 511 military installations 

nationwide. These lands contain a wealth of plant and animal life, 

wetlands for migratory birds and 420 federally listed species. Enacted in 1960, the Sikes Act (16 U.S.C. 670 et seq.) has been extended a number of times with the most recent effort in the National Defense Authorization Act for Fiscal Year 2010. Under Public Law 111–84, Title I of the Sikes Act was extended until September 30, 2014, and the existing annual funding levels of $1.5 

million for DOD and $3 million for the Department of the Interior 

mstockstill on DSK4VPTVN1PROD with HEARINGS

3 

through the Fish and Wildlife Service (FWS) were retained. However, neither DOD nor FWS receives a direct appropriation for this 

program. Instead, the nearly $60 million that has been spent during the past ten fiscal years in support of Sikes Act activities has 

been consistently funded through general administrative funds. 

Under current law, DOD has the authority to perform natural resource conservation projects on off-installation lands where it does 

not have a real property interest. However, the DOD does not have 

the authority to make long-term financial obligations to an off-site 

project. The primary purpose of these projects is to obtain ‘credit’ 

from the FWS for these efforts and corresponding relief from some 

Endangered Species Act (ESA) obligations on military installations 

throughout this country. The lack of a long-term commitment has 

made it difficult to obtain ‘credit’ from FWS and, therefore, creates 

uncertainty in the type of military training and readiness activities 

that can be planned in the future. 

DOD is particularly concerned that over the next four years the 

FWS has set deadlines to make final listing and critical habitat decisions on as many as 779 candidate species under the ESA, as 

part of the Interior Department’s 2011 ESA multi-species settlements with the Center for Biological Diversity and the WildEarth 

Guardians. These settlements were negotiated without input from 

affected states or other entities and are costing millions to implement, just for paperwork. Based on its analysis, 110 of these species will affect military bases. In fact, eight species could cause severe impacts to military readiness and 29 species would cause a 

moderate amount of problems. Among the bases that are most likely to be significantly affected by these listings are Fork Polk, Louisiana; Hawthorne Army Depot, Nevada; Joint Base Lewis 

McChord, Washington; Marine Corps Base Camp Lejeune, North 

Carolina; and Melrose Range, New Mexico. 

Under H.R. 1080, the ability of DOD to obtain ‘‘credit’’ from the 

FWS is enhanced by amending the Sikes Act to allow DOD to make 

long-term financial commitments through cooperative agreements 

for natural resource conservation projects. Furthermore, DOD will 

be able to use funds provided to it under the Readiness and Environmental Protection Initiative and the Sikes Act to qualify as 

matching or cost-sharing funds in connection with certain conservation programs of FWS, the U.S. Forest Service, the Natural Resources Conservation Service, the States and private landowners. 

Under the U.S. Department of Agriculture Farm and Rangeland 

Protection Program and other conservation programs, private landowners and the States are generally required to provide a matching 

amount of money equal to 20 percent of a project. The provision 

would allow DOD to use its money to serve as the match in those 

instances where the other partner lacks the resources to complete 

the project. 

With the enactment of these provisions, the DOD is confident 

that these mitigation credits will be forthcoming. This belief is reinforced by the precedent of two current off-installation projects at 

Fort Hood, Texas, and Marine Corps Base Camp Lejeune, North 

Carolina. While these are not Sikes Act projects, FWS has indicated that the U.S. Army could ‘‘bank’’ credits for new on-base 

training activities as a result of DOD efforts to assist in the recovery of the golden-cheeked warbler. In the case of Camp Lejeune, 

mstockstill on DSK4VPTVN1PROD with HEARINGS

4 

FWS has apparently pledged to relax the Marine Corps’ on-base recovery goals for the red-cockaded woodpecker because of the Corps’ 

efforts to protect and restore Longleaf pine habitat essential to the 

survival of these birds in this region. 

During Full Natural Resources Committee consideration of H. R. 

1080, the Committee adopted four amendments offered by Congressman John Fleming (R–LA). These amendments significantly 

improved the underlying bill by prohibiting the use of Sikes Act 

funds for the acquisition of fee title land; limited the payment of 

administrative fees or costs to 3 percent of the total project cost; 

required an annual audit of all funds spent on off-installation natural resources projects; and stipulated that this authority will sunset on September 30, 2019. 

COMMITTEE ACTION

H.R. 1080 was introduced on March 12, 2013, by Delegate Madeleine Bordallo (D–GU). The bill was referred primarily to the 

Committee on Armed Services, and in addition to the Committee 

on Natural Resources. Within the Committee on Natural Resources, the bill was referred to the Subcommittee on Fisheries, 

Wildlife, Oceans and Insular Affairs. On March 21, 2013, the Subcommittee held a hearing on the bill. On May 15, 2013, the Full 

Natural Resources Committee met to consider the bill. The Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs was 

discharged by unanimous consent. Congressman John Fleming (R– 

LA) offered an en bloc amendment consisting of amendments .003, 

.004, .005 and .007 to the bill; the en bloc amendment was adopted 

by voice vote. The bill, as amended, was then adopted and ordered 

favorably reported to the House of Representatives by voice vote. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

mstockstill on DSK4VPTVN1PROD with HEARINGS

5 

H.R. 1080—A bill to amend the Sikes Act to promote the use of cooperative agreements under such act for land management related to Department of Defense readiness activities and to 

amend title 10, United States Code, to facilitate interagency cooperation in conservation programs to avoid or reduce adverse 

impacts on military readiness activities 

H.R. 1080 would amend the Sikes Act to allow the Department 

of Defense (DoD) to provide lump-sum payments to nonfederal entities that enter into cooperative agreements to maintain and improve natural resources at certain military sites. The bill also 

would allow those entities to invest funds provided to carry out 

those activities and to use such funds to meet the cost-sharing requirements for certain federal conservation programs. Finally, the 

bill would require DoD to conduct annual audits of each project 

carried out under the Sikes Act. 

CBO estimates that changing the method of payment to nonfederal entities and allowing additional uses for funds provided to 

such entities under the Sikes Act would have no significant impact 

on the federal budget. Based on information regarding the number 

of projects carried out under the Sikes Act each year, CBO also estimates that performing the annual audits of those projects would 

cost less than $500,000 a year. Enacting H.R. 1080 would not affect 

direct spending or revenues; therefore, pay-as-you-go procedures do 

not apply. 

H.R. 1080 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. CBO estimates that changing the method of payment to nonfederal entities and allowing additional uses for funds 

provided to such entities under the Sikes Act would have no significant impact on the federal budget. Based on information regarding 

the number of projects carried out under the Sikes Act each year, 

CBO also estimates that performing the annual audits of those 

projects would cost less than $500,000 a year. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill, as ordered reported, is to amend the Sikes Act to promote the use of cooperative agreements under such Act for land 

management related to Department of Defense readiness activities 

and to amend title 10, United States Code, to facilitate interagency 

cooperation in conservation programs to avoid or reduce adverse 

impacts on military readiness activities. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

mstockstill on DSK4VPTVN1PROD with HEARINGS

6 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does establish a program of the federal government known to be duplicative of another 

federal program. Such program was identified in the most recent 

Catalog of Federal Domestic Assistance publish pursuant to the 

Federal Program Information Act (Public Law 95–220, as amended 

by Public Law 98–169) as relating to other programs. More specifically under the general category of Fish and Wildlife Management 

Assistance by the U.S. Fish and Wildlife Service, the Sikes Act was 

grouped with seven other federal laws that provide funding for this 

activity, including the Fish and Wildlife Act of 1956, the Fish and 

Wildlife Coordination Act of 1958, the Alaska National Interest 

Lands Conservation Act, the Marine Mammal Protection Act of 

1972, the Fish and Wildlife Conservation Act of 1980, the Non indigenous Aquatic Nuisance Prevention and Control Act of 1990, 

and the Lacey Act. Related programs were identified as Sport Fish 

Restoration Program and the Partners for Fish and Wildlife. In addition, under the category of Recovery Act Fund—Habitat Enhancement, Restoration and Improvement by the U.S. Fish and Wildlife 

Service, the Sikes Act was grouped with nine other statutes. In addition to many of the laws listed for Fish and Wildlife Management 

Assistance, this list also included the American Recovery and Reinvestment Act of 2009, the Great Lakes Fish and Wildlife Restoration Act, the Partners for Fish and Wildlife Act, and the Endangered Species Act. Related programs for this activity were identified as Sport Fish Restoration program, Fish and Wildlife Management Assistance, Coastal Program, Partners for Fish and Wildlife 

and Pollution Prevention Grants Program. However, as explained 

in the background and need portion of this report, Congress does 

not provide specific appropriations to implement the Sikes Act, but 

rather the Fish and Wildlife Service takes general funds for these 

activities, from other statutes and programs described in this section, and uses to meet the goals of the Sikes Act. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

mstockstill on DSK4VPTVN1PROD with HEARINGS

7 

SIKES ACT 

* * * * * * * 

TITLE I—CONSERVATION PROGRAMS ON MILITARY 

INSTALLATIONS 

* * * * * * * 

SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR 

LAND MANAGEMENT ON INSTALLATIONS. 

(a) AUTHORITY OF SECRETARY OF MILITARY DEPARTMENT.—The 

Secretary of a military department may enter into cooperative 

agreements with States, local governments, Indian tribes, nongovernmental organizations, and individuals, and into interagency 

agreements with the heads of other Federal departments and agencies, to provide for the following: 

(1) The maintenance and improvement of natural resources 

on, or to benefit natural and historic research on, military installations and State-owned National Guard installations. 

(2) The maintenance and improvement of natural resources 

located off of a military installation or State-owned National 

Guard installation if the purpose of the cooperative agreement 

or interagency agreement is to relieve or eliminate current or 

anticipated challenges that could restrict, impede, or otherwise 

interfere with, whether directly or indirectly, current or anticipated military activities. 

(b) MULTIYEAR AGREEMENTS.—(1) Funds appropriated to the Department of Defense for a fiscal year may be obligated to cover the 

cost of goods and services provided under a cooperative agreement 

or interagency agreement entered into under subsection (a) or 

through an agency agreement under section 1535 of title 31, United 

States Code, during any 18-month period beginning in that fiscal 

year, without regard to whether the agreement crosses fiscal years. 

(2) In the case of a cooperative agreement under subsection (a)(2), 

funds referred to in paragraph (1)— 

(A) may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and 

(B) may be invested by the recipient in accordance with the 

recipient’s own guidelines for the management and investment 

of financial assets, and any interest or income derived from 

such investment may be applied for the same purposes as the 

principal. 

ø(c) AVAILABILITY OF FUNDS; AGREEMENTS UNDER OTHER

LAWS.—Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of 

funds and shall not be considered, nor be treated as, cooperative 

agreements to which chapter 63 of title 31, United States Code, applies.¿ 

(c) AVAILABILITY OF FUNDS AND RELATION TO OTHER LAWS.—(1) 

Cooperative agreements and interagency agreements entered into 

under this section shall be subject to the availability of funds. 

(2) Notwithstanding chapter 63 of title 31, United States Code, a 

cooperative agreement under this section may be used to acquire 

mstockstill on DSK4VPTVN1PROD with HEARINGS

8 

property or services for the direct benefit or use of the United States 

Government. 

(3) Amounts available to the Department of Defense that are provided to any Federal, State, local, or nongovernmental entity for 

conservation and rehabilitation of natural resources in an area that 

is not on a military installation— 

(A) may only be used for payment of direct costs associated 

with the management of such area; and 

(B) may be used to pay not more than 3 percent of total 

project administrative costs, fees, and management charges. 

(4) Amounts available to the Department of Defense may not be 

used under this Act to acquire fee title interest in real property for 

natural resources projects that are not on a military installation. 

(d) ANNUAL AUDITS.—The Inspector General of the Department of 

Defense shall annually audit each natural resources project funded 

with amounts available to the Department of Defense under this Act 

that is not on a military installation. 

* * * * * * * 

TITLE 10, UNITED STATES CODE 

* * * * * * * 

SUBTITLE A—GENERAL MILITARY LAW 

* * * * * * * 

PART IV—SERVICE, SUPPLY, AND 

PROCUREMENT 

* * * * * * * 

CHAPTER 159—REAL PROPERTY; RELATED PERSONAL 

PROPERTY; AND LEASE OF NON-EXCESS PROPERTY 

* * * * * * * 

§ 2684a. Agreements to limit encroachments and other constraints on military training, testing, and operations 

(a) AGREEMENTS AUTHORIZED.—The Secretary of Defense or the 

Secretary of a military department may enter into an agreement 

with an eligible entity or entities described in subsection (b) to address the use or development of real property in the vicinity of, or 

ecologically related to, a military installation or military airspace 

for purposes of— 

(1) limiting any development or use of the property that 

would be incompatible with the mission of the installation; 

(2) preserving habitat on the property in a manner that— 

(A) is compatible with environmental requirements; and 

(B) may eliminate or relieve current or anticipated environmental restrictions that would or might otherwise restrict, impede, or otherwise interfere, whether directly or 

mstockstill on DSK4VPTVN1PROD with HEARINGS

9 

indirectly, with current or anticipated military training, 

testing, or operations on the installation; or 

(3) protecting Clear Zone Areas from use or encroachment 

that is incompatible with the mission of the installation. 

(b) ELIGIBLE ENTITIES.—An agreement under this section may be 

entered into with any of the following: 

(1) A State or political subdivision of a State. 

(2) A private entity that has as its stated principal organizational purpose or goal the conservation, restoration, or preservation of land and natural resources, or a similar purpose or 

goal, as determined by the Secretary concerned. 

(c) INAPPLICABILITY OF CERTAIN CONTRACT REQUIREMENTS.—Notwithstanding chapter 63 of title 31, an agreement under this section that is a cooperative agreement or a grant may be used to acquire property or services for the direct benefit or use of the United 

States Government. 

(d) ACQUISITION AND ACCEPTANCE OF PROPERTY AND INTER- ESTS.—(1) An agreement with an eligible entity or entities under 

this section shall provide for— 

(A) the acquisition by the entity or entities of all right, title, 

and interest in and to any real property, or any lesser interest 

in the property, as may be appropriate for purposes of this section; and 

(B) the sharing by the United States and the entity or entities of the acquisition costs in accordance with paragraph (3). 

(2) Property or interests may not be acquired pursuant to the 

agreement unless the owner of the property or interests consents 

to the acquisition. 

(3) An agreement with an eligible entity under this section may 

provide for the management of natural resources on, and the monitoring and enforcement of any right, title, or interest in, real property in which the Secretary concerned acquires any right, title, or 

interest in accordance with this subsection and for the payment by 

the United States of all or a portion of the costs of such natural 

resource management and monitoring and enforcement if the Secretary concerned determines that there is a demonstrated need to 

preserve or restore habitat for the purpose described in subsection 

(a)(2). Any such payment by the United States— 

(A) may be paid in a lump sum and include an amount intended to cover the future costs of natural resource management and monitoring and enforcement; and 

(B) may be placed by the eligible entity in an interest- bearing account, and any interest shall be applied for the same 

purposes as the principal. 

(4)(A) The Secretary concerned shall determine the appropriate 

portion of the acquisition costs to be borne by the United States in 

the sharing of acquisition costs of real property, or an interest in 

real property, under paragraph (1)(B). 

(B) In lieu of or in addition to making a monetary contribution 

toward the cost of acquiring a parcel of real property, or an interest 

therein, pursuant to an agreement under this section, the Secretary concerned may convey, using the authority provided by section 2869 of this title, real property described in paragraph (2) of 

subsection (a) of such section, subject to the limitation in paragraph (3) of such subsection. 

mstockstill on DSK4VPTVN1PROD with HEARINGS

10 

(C) The portion of acquisition costs borne by the United States 

under subparagraph (A), either through the contribution of funds 

or excess real property, or both, may not exceed an amount equal 

to, at the discretion of the Secretary concerned— 

(i) the fair market value of any property or interest in property to be transferred to the United States upon the request of 

the Secretary concerned under paragraph (5); or 

(ii) the cumulative fair market value of all properties or interests to be transferred to the United States under paragraph 

(5) pursuant to an agreement under subsection (a). 

(D) The portion of acquisition costs borne by the United States 

under subparagraph (A) may exceed the amount determined under 

subparagraph (C), but only if— 

(i) the Secretary concerned provides written notice to the 

Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives containing— 

(I) a certification by the Secretary that the military 

value to the United States of the property or interest to be 

acquired justifies a payment in excess of the fair market 

value of the property or interest; and 

(II) a description of the military value to be obtained; 

and 

(ii) the contribution toward the acquisition costs of the property or interest is not made until at least 14 days after the 

date on which the notice is submitted under clause (i) or, if 

earlier, at least 10 days after the date on which a copy of the 

notice is provided in an electronic medium pursuant to section 

480 of this title. 

(E) The contribution of an entity or entities to the acquisition 

costs of real property, or an interest in real property, under paragraph (1)(B) may include, with the approval of the Secretary concerned, the following or any combination of the following: 

(i) The provision of funds, including funds received by such 

entity or entities from a Federal agency outside the Department of Defense or a State or local government in connection 

with a Federal, State, or local program. 

(ii) The provision of in-kind services, including services related to the acquisition or maintenance of such real property 

or interest in real property. 

(iii) The exchange or donation of real property or any interest in real property. 

(5)(A) The agreement shall require the entity or entities to transfer to the United States, upon the request of the Secretary concerned, all or a portion of the property or interest acquired under 

the agreement or a lesser interest therein. No such requirement 

need be included in the agreement if the property or interest is 

being transferred to a State, or the agreement requires it to be subsequently transferred to a State, and the Secretary concerned determines that the laws and regulations applicable to the future use 

of such property or interest provide adequate assurance that the 

property concerned will be developed and used in a manner appropriate for purposes of this section. The Secretary shall limit such 

transfer request to the minimum property or interests necessary to 

mstockstill on DSK4VPTVN1PROD with HEARINGS

11 

ensure that the property concerned is developed and used in a 

manner appropriate for purposes of this section. 

(B) Notwithstanding subparagraph (A), if all or a portion of the 

property or interest acquired under the agreement is subsequently 

transferred to the United States and administrative jurisdiction 

over the property is under a Federal official other than a Secretary 

concerned, the Secretary concerned and that Federal official shall 

enter into a memorandum of agreement providing, to the satisfaction of the Secretary concerned, for the management of the property or interest concerned in a manner appropriate for purposes of 

this section. Such memorandum of agreement shall also provide 

that, should it be proposed that the property or interest concerned 

be developed or used in a manner not appropriate for purposes of 

this section, including declaring the property to be excess to the 

agency’s needs or proposing to exchange the property for other 

property, the Secretary concerned may request that administrative 

jurisdiction over the property be transferred to the Secretary concerned at no cost, and, upon such a request being made, the administrative jurisdiction over the property shall be transferred accordingly. 

(6) The Secretary concerned may accept on behalf of the United 

States any property or interest to be transferred to the United 

States under the agreement. 

(7) For purposes of the acceptance of property or interests under 

the agreement, the Secretary concerned may accept an appraisal or 

title documents prepared or adopted by a non-Federal entity as satisfying the applicable requirements of section 301 of the Uniform 

Relocation Assistance and Real Property Acquisition Policies Act of 

1970 (42 U.S.C. 4651) or section 3111 of title 40, if the Secretary 

concerned finds that the appraisal or title documents substantially 

comply with the requirements. 

(e) ACQUISITION OF WATER RIGHTS.—The authority of the Secretary concerned to enter into an agreement under this section for 

the acquisition of real property (or an interest therein) includes the 

authority to support the purchase of water rights from any available source when necessary to support or protect the mission of a 

military installation. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary concerned may require such additional terms and conditions in an 

agreement under this section as the Secretary considers appropriate to protect the interests of the United States. 

(g) ANNUAL REPORTS.—(1) Not later than March 1 each year, the 

Secretary of Defense shall, in coordination with the Secretaries of 

the military departments and the Director of the Department of 

Defense Test Resource Management Center, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the projects undertaken under agreements under 

this section. 

(2) Each report under paragraph (1) shall include the following: 

(A) A description of the status of the projects undertaken 

under agreements under this section. 

(B) An assessment of the effectiveness of such projects, and 

other actions taken pursuant to this section, as part of a longterm strategy to ensure the sustainability of military test and 

training ranges, military installations, and associated airspace. 

mstockstill on DSK4VPTVN1PROD with HEARINGS

12 

(C) An evaluation of the methodology and criteria used to select, and to establish priorities, for projects undertaken under 

agreements under this section. 

(D) A description of any sharing of costs by the United 

States and eligible entities under subsection (d) during the preceding year, including a description of each agreement under 

this section providing for the sharing of such costs and a statement of the eligible entity or entities with which the United 

States is sharing such costs. 

(E) Such recommendations as the Secretary of Defense considers appropriate for legislative or administrative action in 

order to improve the efficiency and effectiveness of actions 

taken pursuant to agreements under this section. 

(h) INTERAGENCY COOPERATION IN CONSERVATION PROGRAMS TO

AVOID OR REDUCE ADVERSE IMPACTS ON MILITARY READINESS ACTIVITIES.—In order to facilitate interagency cooperation and enhance the effectiveness of actions that will protect both the environment and military readiness, the recipient of funds provided pursuant an agreement under this section or under the Sikes Act (16 

U.S.C. et seq.) may, with regard to the lands and waters within the 

scope of the agreement, use such funds to satisfy any matching 

funds or cost-sharing requirement of any conservation program of 

the Department of Agriculture or the Department of the Interior notwithstanding any limitation of such program on the source of 

matching or cost-sharing funds. 

ø(h)¿ (i) FUNDING.—(1) Except as provided in paragraph (2), 

funds authorized to be appropriated for operation and maintenance 

of the Army, Navy, Marine Corps, Air Force, or Defense-wide activities may be used to enter into agreements under this section. 

(2) In the case of a military installation operated primarily with 

funds authorized to be appropriated for research, development, 

test, and evaluation, funds authorized to be appropriated for the 

Army, Navy, Marine Corps, Air Force, or Defense-wide activities 

for research, development, test, and evaluation may be used to 

enter into agreements under this section with respect to the installation. 

ø(i)¿ (j) DEFINITIONS.—In this section: 

(1) The term ‘‘Secretary concerned’’ means the Secretary of 

Defense or the Secretary of a military department. 

(2) The term ‘‘State’’ includes the District of Columbia, the 

Commonwealth of Puerto Rico, the Commonwealth of the 

Northern Marianas, and the territories and possessions of the 

United States. 

(3) The term ‘‘Clear Zone Area’’ means an area immediately 

beyond the end of the runway of an airfield that is needed to 

ensure the safe and unrestricted passage of aircraft in and 

over the area. 

* * * * * * * 

Æ 

mstockstill on DSK4VPTVN1PROD with HEARINGS