I 

111TH CONGRESS 

1ST SESSION H. R. 740 

To amend title 10, United States Code, to take reasonable steps to prevent 

avoidable disasters related to seismic activity in connection with the 

lease and development of non-excess property of military departments, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2009 

Mr. FILNER introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to take reasonable 

steps to prevent avoidable disasters related to seismic 

activity in connection with the lease and development 

of non-excess property of military departments, 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 ‘‘Additional Safeguards 

5 For Lease and Development of Non-Excess Property of 

6 Military Departments Act’’. 


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1 SEC. 2. LEASE AND DEVELOPMENT OF NON-EXCESS PROP2 ERTY OF MILITARY DEPARTMENTS LOCATED 

3 IN AREAS DESIGNATED UBC SEISMIC ZONE 4. 

4 (a) PROHIBITION ON LEASES IN CERTAIN SEISMIC

5 AREAS; EXCEPTIONS.—Section 2667 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new subsection: 

8 ‘‘(k)(1) Except as provided in paragraph (1), the Sec9 retary concerned may not enter into a lease under this 

10 section regarding any land that is located in an area des11 ignated UBC Seismic Zone 4. 

12 ‘‘(2) Notwithstanding paragraph (1), the Secretary 

13 concerned may enter into the lease if the Secretary deter14 mines that seismic activity would not have any significant 

15 impact on any portion of the proposed development under 

16 the lease. The determination of the Secretary may only 

17 be made on the record after an opportunity for a hearing. 

18 In the hearing, admissible seismic evidence shall be limited 

19 to geotechnical investigations that are not more than three 

20 years old. The Secretary may commission geotechnical in21 vestigations in connection with the hearing, but such in22 vestigations must be conducted using the best technology 

23 then available. 

24 ‘‘(3) The Secretary concerned may not omit a revoca25 tion provision from a lease authorized by paragraph (2).’’. 

26 (b) REVOCATION OF EXISTING LEASES.— 


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1 (1) REVOCATION REQUIRED.—Except as pro2 vided in paragraph (2), the Secretary of a military 

3 department shall revoke any lease entered into be4 fore the date of the enactment of this Act by the 

5 Secretary under the authority of section 2667 of 

6 title 10, United States Code, or other provision of 

7 law, including section 2732 of the National Defense 

8 Authorization Act for Fiscal Year 1987 (Public Law 

9 99–661; 100 Stat. 4046), if the land subject to the 

10 lease is located in an area designated UBC Seismic 

11 Zone 4. The revocation shall occur even in the case 

12 of a lease that does not include a revocation provi13 sion. 

14 (2) EXCEPTIONS.—Paragraph (1) shall not 

15 apply to a lease— 

16 (A) under which substantial construction, 

17 as determined by the Secretary concerned, on 

18 the property subject to the lease has been com19 menced before the date of the enactment of this 

20 Act; or 

21 (B) that the Secretary concerned deter22 mines, pursuant to paragraph (2) of subsection 

23 (k) of section 2667 of title 10, United States 


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1 Code, as added by subsection (a), should not be 

2 revoked. 

Æ 


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