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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 740 Introduced in House (IH)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Additional Safeguards For Lease and 
Development of Non-Excess Property of Military Departments Act''.

SEC. 2. LEASE AND DEVELOPMENT OF NON-EXCESS PROPERTY OF MILITARY 
              DEPARTMENTS LOCATED IN AREAS DESIGNATED UBC SEISMIC ZONE 
              4.

    (a) Prohibition on Leases in Certain Seismic Areas; Exceptions.--
Section 2667 of title 10, United States Code, is amended by adding at 
the end the following new subsection:
    ``(k)(1) Except as provided in paragraph (1), the Secretary 
concerned may not enter into a lease under this section regarding any 
land that is located in an area designated UBC Seismic Zone 4.
    ``(2) Notwithstanding paragraph (1), the Secretary concerned may 
enter into the lease if the Secretary determines that seismic activity 
would not have any significant impact on any portion of the proposed 
development under the lease. The determination of the Secretary may 
only be made on the record after an opportunity for a hearing. In the 
hearing, admissible seismic evidence shall be limited to geotechnical 
investigations that are not more than three years old. The Secretary 
may commission geotechnical investigations in connection with the 
hearing, but such investigations must be conducted using the best 
technology then available.
    ``(3) The Secretary concerned may not omit a revocation provision 
from a lease authorized by paragraph (2).''.
    (b) Revocation of Existing Leases.--
            (1) Revocation required.--Except as provided in paragraph 
        (2), the Secretary of a military department shall revoke any 
        lease entered into before the date of the enactment of this Act 
        by the Secretary under the authority of section 2667 of title 
        10, United States Code, or other provision of law, including 
        section 2732 of the National Defense Authorization Act for 
        Fiscal Year 1987 (Public Law 99-661; 100 Stat. 4046), if the 
        land subject to the lease is located in an area designated UBC 
        Seismic Zone 4. The revocation shall occur even in the case of 
        a lease that does not include a revocation provision.
            (2) Exceptions.--Paragraph (1) shall not apply to a lease--
                    (A) under which substantial construction, as 
                determined by the Secretary concerned, on the property 
                subject to the lease has been commenced before the date 
                of the enactment of this Act; or
                    (B) that the Secretary concerned determines, 
                pursuant to paragraph (2) of subsection (k) of section 
                2667 of title 10, United States Code, as added by 
                subsection (a), should not be revoked.
                                 <all>
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