II 

Calendar No. 637 

108TH CONGRESS 

2D SESSION S. 2674 

[Report No. 108–309] 

Making appropriations for military construction, family housing, and base 

realignment and closure for the Department of Defense for the fiscal 

year ending September 30, 2005, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2004 

Mrs. HUTCHISON, from the Committee on Appropriations, reported the 

following original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 

30, 2005, 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 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated for 

5 military construction, family housing, and base realign6 ment and closure functions administered by the Depart-
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1 ment of Defense, for the fiscal year ending September 30, 

2 2005, and for other purposes, namely: 

3 MILITARY CONSTRUCTION, ARMY

4 For acquisition, construction, installation, and equip5 ment of temporary or permanent public works, military 

6 installations, facilities, and real property for the Army as 

7 currently authorized by law, including personnel in the 

8 Army Corps of Engineers and other personal services nec9 essary for the purposes of this appropriation, and for con10 struction and operation of facilities in support of the func11 tions of the Commander in Chief, $1,977,166,000, to re12 main available until September 30, 2009: Provided, That 

13 of this amount, not to exceed $187,216,000 shall be avail14 able for study, planning, design, architect and engineer 

15 services, and host nation support, as authorized by law, 

16 unless the Secretary of Defense determines that additional 

17 obligations are necessary for such purposes and notifies 

18 the Committees on Appropriations of both Houses of Con19 gress of his determination and the reasons therefor. 

20 MILITARY CONSTRUCTION, NAVY

21 For acquisition, construction, installation, and equip22 ment of temporary or permanent public works, naval in23 stallations, facilities, and real property for the Navy as 

24 currently authorized by law, including personnel in the 

25 Naval Facilities Engineering Command and other per-
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1 sonal services necessary for the purposes of this appropria2 tion, $1,016,315,000, to remain available until September 

3 30, 2009: Provided, That of this amount, not to exceed 

4 $110,277,000 shall be available for study, planning, de5 sign, architect and engineer services, as authorized by law, 

6 unless the Secretary of Defense determines that additional 

7 obligations are necessary for such purposes and notifies 

8 the Committees on Appropriations of both Houses of Con9 gress of his determination and the reasons therefor. 

10 MILITARY CONSTRUCTION, AIR FORCE

11 For acquisition, construction, installation, and equip12 ment of temporary or permanent public works, military 

13 installations, facilities, and real property for the Air Force 

14 as currently authorized by law, $841,131,000, to remain 

15 available until September 30, 2009: Provided, That of this 

16 amount, not to exceed $180,507,000 shall be available for 

17 study, planning, design, architect and engineer services, 

18 as authorized by law, unless the Secretary of Defense de19 termines that additional obligations are necessary for such 

20 purposes and notifies the Committees on Appropriations 

21 of both Houses of Congress of his determination and the 

22 reasons therefor. 

23 MILITARY CONSTRUCTION, DEFENSE-WIDE

24 For acquisition, construction, installation, and equip25 ment of temporary or permanent public works, installa-
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1 tions, facilities, and real property for activities and agen2 cies of the Department of Defense (other than the military 

3 departments), as currently authorized by law, 

4 $696,491,000, to remain available until September 30, 

5 2009: Provided, That such amounts of this appropriation 

6 as may be determined by the Secretary of Defense may 

7 be transferred to such appropriations of the Department 

8 of Defense available for military construction or family 

9 housing as he may designate, to be merged with and to 

10 be available for the same purposes, and for the same time 

11 period, as the appropriation or fund to which transferred: 

12 Provided further, That of the amount appropriated, not 

13 to exceed $66,336,000 shall be available for study, plan14 ning, design, architect and engineer services, as authorized 

15 by law, unless the Secretary of Defense determines that 

16 additional obligations are necessary for such purposes and 

17 notifies the Committees on Appropriations of both Houses 

18 of Congress of his determination and the reasons therefor. 

19 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

20 For construction, acquisition, expansion, rehabilita21 tion, and conversion of facilities for the training and ad22 ministration of the Army National Guard, and contribu23 tions therefor, as authorized by chapter 1803 of title 10, 

24 United States Code, and Military Construction Authoriza-
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1 tion Acts, $381,765,000, to remain available until Sep2 tember 30, 2009. 

3 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the Air National Guard, and contributions 

7 therefor, as authorized by chapter 1803 of title 10, United 

8 States Code, and Military Construction Authorization 

9 Acts, $231,083,000, to remain available until September 

10 30, 2009. 

11 MILITARY CONSTRUCTION, ARMY RESERVE

12 For construction, acquisition, expansion, rehabilita13 tion, and conversion of facilities for the training and ad14 ministration of the Army Reserve as authorized by chapter 

15 1803 of title 10, United States Code, and Military Con16 struction Authorization Acts, $66,325,000, to remain 

17 available until September 30, 2009. 

18 MILITARY CONSTRUCTION, NAVAL RESERVE

19 For construction, acquisition, expansion, rehabilita20 tion, and conversion of facilities for the training and ad21 ministration of the reserve components of the Navy and 

22 Marine Corps as authorized by chapter 1803 of title 10, 

23 United States Code, and Military Construction Authoriza24 tion Acts, $33,735,000, to remain available until Sep25 tember 30, 2009. 
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1 MILITARY CONSTRUCTION, AIR FORCE RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Air Force Reserve as authorized by 

5 chapter 1803 of title 10, United States Code, and Military 

6 Construction Authorization Acts, $101,373,000, to remain 

7 available until September 30, 2009. 

8 NORTH ATLANTIC TREATY ORGANIZATION SECURITY

9 INVESTMENT PROGRAM

10 For the United States share of the cost of the North 

11 Atlantic Treaty Organization Security Investment Pro12 gram for the acquisition and construction of military fa13 cilities and installations (including international military 

14 headquarters) and for related expenses for the collective 

15 defense of the North Atlantic Treaty Area as authorized 

16 in Military Construction Authorization Acts and section 

17 2806 of title 10, United States Code, $165,800,000, to 

18 remain available until expended. 

19 FAMILY HOUSING CONSTRUCTION, ARMY

20 For expenses of family housing for the Army for con21 struction, including acquisition, replacement, addition, ex22 pansion, extension and alteration, as authorized by law, 

23 $636,099,000, to remain available until September 30, 

24 2009. 
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1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 ARMY

3 For expenses of family housing for the Army for op4 eration and maintenance, including debt payment, leasing, 

5 minor construction, principal and interest charges, and in6 surance premiums, as authorized by law, $928,907,000. 

7 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

8 CORPS

9 For expenses of family housing for the Navy and Ma10 rine Corps for construction, including acquisition, replace11 ment, addition, expansion, extension and alteration, as au12 thorized by law, $139,107,000, to remain available until 

13 September 30, 2009. 

14 FAMILY HOUSING OPERATION AND MAINTENANCE, 

15 NAVY AND MARINE CORPS

16 For expenses of family housing for the Navy and Ma17 rine Corps for operation and maintenance, including debt 

18 payment, leasing, minor construction, principal and inter19 est charges, and insurance premiums, as authorized by 

20 law, $704,504,000. 

21 FAMILY HOUSING CONSTRUCTION, AIR FORCE

22 For expenses of family housing for the Air Force for 

23 construction, including acquisition, replacement, addition, 

24 expansion, extension and alteration, as authorized by law, 
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1 $846,959,000, to remain available until September 30, 

2 2009. 

3 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

4 FORCE

5 For expenses of family housing for the Air Force for 

6 operation and maintenance, including debt payment, leas7 ing, minor construction, principal and interest charges, 

8 and insurance premiums, as authorized by law, 

9 $856,114,000. 

10 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

11 For expenses of family housing for the activities and 

12 agencies of the Department of Defense (other than the 

13 military departments) for construction, including acquisi14 tion, replacement, addition, expansion, extension and al15 teration, as authorized by law, $49,000, to remain avail16 able until September 30, 2009. 

17 FAMILY HOUSING OPERATION AND MAINTENANCE, 

18 DEFENSE-WIDE

19 For expenses of family housing for the activities and 

20 agencies of the Department of Defense (other than the 

21 military departments) for operation and maintenance, 

22 leasing, and minor construction, as authorized by law, 

23 $49,575,000. 
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1 DEPARTMENT OF DEFENSE FAMILY HOUSING

2 IMPROVEMENT FUND

3 For the Department of Defense Family Housing Im4 provement Fund, $2,500,000, to remain available until ex5 pended, for family housing initiatives undertaken pursu6 ant to section 2883 of title 10, United States Code, pro7 viding alternative means of acquiring and improving mili8 tary family housing and supporting facilities. 

9 CHEMICAL DEMILITARIZATION CONSTRUCTION, 

10 DEFENSE

11 For expenses of construction, not otherwise provided 

12 for, necessary for the destruction of the United States 

13 stockpile of lethal chemical agents and munitions in ac14 cordance with the provisions of section 1412 of the De15 partment of Defense Authorization Act, 1986 (50 U.S.C. 

16 1521), and for the destruction of other chemical warfare 

17 materials that are not in the chemical weapon stockpile, 

18 as currently authorized by law, $81,886,000, to remain 

19 available until September 30, 2009: Provided, That such 

20 amounts of this appropriation as may be determined by 

21 the Secretary of Defense may be transferred to such ap22 propriations of the Department of Defense available for 

23 military construction as he may designate, to be merged 

24 with and to be available for the same purposes, and for 
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1 the same time period, as the appropriation to which trans2 ferred. 

3 BASE REALIGNMENT AND CLOSURE ACCOUNT

4 For deposit into the Department of Defense Base 

5 Closure Account 1990 established by section 2906(a)(1) 

6 of the Department of Defense Authorization Act, 1991 

7 (Public Law 101–510), $246,116,000, to remain available 

8 until expended. 

9 GENERAL PROVISIONS 

10 SEC. 101. None of the funds appropriated in Military 

11 Construction Appropriations Acts shall be expended for 

12 payments under a cost-plus-a-fixed-fee contract for con13 struction, where cost estimates exceed $25,000, to be per14 formed within the United States, except Alaska, without 

15 the specific approval in writing of the Secretary of Defense 

16 setting forth the reasons therefor. 

17 SEC. 102. Funds appropriated to the Department of 

18 Defense for construction shall be available for hire of pas19 senger motor vehicles. 

20 SEC. 103. Funds appropriated to the Department of 

21 Defense for construction may be used for advances to the 

22 Federal Highway Administration, Department of Trans23 portation, for the construction of access roads as author24 ized by section 210 of title 23, United States Code, when 
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1 projects authorized therein are certified as important to 

2 the national defense by the Secretary of Defense. 

3 SEC. 104. None of the funds appropriated in this Act 

4 may be used to begin construction of new bases inside the 

5 continental United States for which specific appropria6 tions have not been made. 

7 SEC. 105. No part of the funds provided in Military 

8 Construction Appropriations Acts shall be used for pur9 chase of land or land easements in excess of 100 percent 

10 of the value as determined by the Army Corps of Engi11 neers or the Naval Facilities Engineering Command, ex12 cept: (1) where there is a determination of value by a Fed13 eral court; (2) purchases negotiated by the Attorney Gen14 eral or his designee; (3) where the estimated value is less 

15 than $25,000; or (4) as otherwise determined by the Sec16 retary of Defense to be in the public interest. 

17 SEC. 106. None of the funds appropriated in Military 

18 Construction Appropriations Acts shall be used to: (1) ac19 quire land; (2) provide for site preparation; or (3) install 

20 utilities for any family housing, except housing for which 

21 funds have been made available in annual Military Con22 struction Appropriations Acts. 

23 SEC. 107. None of the funds appropriated in Military 

24 Construction Appropriations Acts for minor construction 

25 may be used to transfer or relocate any activity from one 
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1 base or installation to another, without prior notification 

2 to the Committees on Appropriations. 

3 SEC. 108. No part of the funds appropriated in Mili4 tary Construction Appropriations Acts may be used for 

5 the procurement of steel for any construction project or 

6 activity for which American steel producers, fabricators, 

7 and manufacturers have been denied the opportunity to 

8 compete for such steel procurement. 

9 SEC. 109. None of the funds available to the Depart10 ment of Defense for military construction or family hous11 ing during the current fiscal year may be used to pay real 

12 property taxes in any foreign nation. 

13 SEC. 110. None of the funds appropriated in Military 

14 Construction Appropriations Acts may be used to initiate 

15 a new installation overseas without prior notification to 

16 the Committees on Appropriations. 

17 SEC. 111. None of the funds appropriated in Military 

18 Construction Appropriations Acts may be obligated for ar19 chitect and engineer contracts estimated by the Govern20 ment to exceed $500,000 for projects to be accomplished 

21 in Japan, in any NATO member country, or in countries 

22 bordering the Arabian Sea, unless such contracts are 

23 awarded to United States firms or United States firms 

24 in joint venture with host nation firms. 
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1 SEC. 112. None of the funds appropriated in Military 

2 Construction Appropriations Acts for military construc3 tion in the United States territories and possessions in the 

4 Pacific and on Kwajalein Atoll, or in countries bordering 

5 the Arabian Sea, may be used to award any contract esti6 mated by the Government to exceed $1,000,000 to a for7 eign contractor: Provided, That this section shall not be 

8 applicable to contract awards for which the lowest respon9 sive and responsible bid of a United States contractor ex10 ceeds the lowest responsive and responsible bid of a for11 eign contractor by greater than 20 percent: Provided fur12 ther, That this section shall not apply to contract awards 

13 for military construction on Kwajalein Atoll for which the 

14 lowest responsive and responsible bid is submitted by a 

15 Marshallese contractor. 

16 SEC. 113. The Secretary of Defense is to inform the 

17 appropriate committees of Congress, including the Com18 mittees on Appropriations, of the plans and scope of any 

19 proposed military exercise involving United States per20 sonnel 30 days prior to its occurring, if amounts expended 

21 for construction, either temporary or permanent, are an22 ticipated to exceed $100,000. 

23 SEC. 114. Not more than 20 percent of the appro24 priations in Military Construction Appropriations Acts 

25 which are limited for obligation during the current fiscal 
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1 year shall be obligated during the last 2 months of the 

2 fiscal year. 

3 SEC. 115. Funds appropriated to the Department of 

4 Defense for construction in prior years shall be available 

5 for construction authorized for each such military depart6 ment by the authorizations enacted into law during the 

7 current session of Congress. 

8 SEC. 116. For military construction or family housing 

9 projects that are being completed with funds otherwise ex10 pired or lapsed for obligation, expired or lapsed funds may 

11 be used to pay the cost of associated supervision, inspec12 tion, overhead, engineering and design on those projects 

13 and on subsequent claims, if any. 

14 SEC. 117. Notwithstanding any other provision of 

15 law, any funds appropriated to a military department or 

16 defense agency for the construction of military projects 

17 may be obligated for a military construction project or 

18 contract, or for any portion of such a project or contract, 

19 at any time before the end of the fourth fiscal year after 

20 the fiscal year for which funds for such project were ap21 propriated if the funds obligated for such project: (1) are 

22 obligated from funds available for military construction 

23 projects; and (2) do not exceed the amount appropriated 

24 for such project, plus any amount by which the cost of 

25 such project is increased pursuant to law. 
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1 SEC. 118. The Secretary of Defense is to provide the 

2 Committees on Appropriations of the Senate and the 

3 House of Representatives with an annual report by Feb4 ruary 15, containing details of the specific actions pro5 posed to be taken by the Department of Defense during 

6 the current fiscal year to encourage other member nations 

7 of the North Atlantic Treaty Organization, Japan, Korea, 

8 and United States allies bordering the Arabian Sea to as9 sume a greater share of the common defense burden of 

10 such nations and the United States. 

11 SEC. 119. During the current fiscal year, in addition 

12 to any other transfer authority available to the Depart13 ment of Defense, proceeds deposited to the Department 

14 of Defense Base Closure Account established by section 

15 207(a)(1) of the Defense Authorization Amendments and 

16 Base Closure and Realignment Act (Public Law 100–526) 

17 pursuant to section 207(a)(2)(C) of such Act, may be 

18 transferred to the account established by section 

19 2906(a)(1) of the Department of Defense Authorization 

20 Act, 1991, to be merged with, and to be available for the 

21 same purposes and the same time period as that account. 

22 SEC. 120. Subject to 30 days prior notification to the 

23 Committees on Appropriations, such additional amounts 

24 as may be determined by the Secretary of Defense may 

25 be transferred to (1) the Department of Defense Family 
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1 Housing Improvement Fund from amounts appropriated 

2 for construction in ‘‘Family Housing’’ accounts, to be 

3 merged with and to be available for the same purposes 

4 and for the same period of time as amounts appropriated 

5 directly to the Fund, or (2) the Department of Defense 

6 Military Unaccompanied Housing Improvement Fund 

7 from amounts appropriated for construction of military 

8 unaccompanied housing in ‘‘Military Construction’’ ac9 counts, to be merged with and to be available for the same 

10 purposes and for the same period of time as amounts ap11 propriated directly to the Fund: Provided, That appropria12 tions made available to the Funds shall be available to 

13 cover the costs, as defined in section 502(5) of the Con14 gressional Budget Act of 1974, of direct loans or loan 

15 guarantees issued by the Department of Defense pursuant 

16 to the provisions of subchapter IV of chapter 169, title 

17 10, United States Code, pertaining to alternative means 

18 of acquiring and improving military family housing, mili19 tary unaccompanied housing, and supporting facilities. 

20 SEC. 121. None of the funds appropriated or made 

21 available by this Act may be obligated for Partnership for 

22 Peace Programs in the New Independent States of the 

23 former Soviet Union. 

24 SEC. 122. (a) Not later than 60 days before issuing 

25 any solicitation for a contract with the private sector for 
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1 military family housing the Secretary of the military de2 partment concerned shall submit to the congressional de3 fense committees the notice described in subsection (b). 

4 (b)(1) A notice referred to in subsection (a) is a no5 tice of any guarantee (including the making of mortgage 

6 or rental payments) proposed to be made by the Secretary 

7 to the private party under the contract involved in the 

8 event of— 

9 (A) the closure or realignment of the installa10 tion for which housing is provided under the con11 tract; 

12 (B) a reduction in force of units stationed at 

13 such installation; or 

14 (C) the extended deployment overseas of units 

15 stationed at such installation. 

16 (2) Each notice under this subsection shall specify 

17 the nature of the guarantee involved and assess the extent 

18 and likelihood, if any, of the liability of the Federal Gov19 ernment with respect to the guarantee. 

20 (c) In this section, the term, ‘‘congressional defense 

21 committees’’ means the following: 

22 (1) The Committee on Armed Services and the 

23 Military Construction Subcommittee, Committee on 

24 Appropriations of the Senate. 
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1 (2) The Committee on Armed Services and the 

2 Military Construction Subcommittee, Committee on 

3 Appropriations of the House of Representatives. 

4 SEC. 123. During the current fiscal year, in addition 

5 to any other transfer authority available to the Depart6 ment of Defense, amounts may be transferred from the 

7 account established by section 2906(a)(1) of the Depart8 ment of Defense Authorization Act, 1991, to the fund es9 tablished by section 1013(d) of the Demonstration Cities 

10 and Metropolitan Development Act of 1966 (42 U.S.C. 

11 3374) to pay for expenses associated with the Home12 owners Assistance Program. Any amounts transferred 

13 shall be merged with and be available for the same pur14 poses and for the same time period as the fund to which 

15 transferred. 

16 SEC. 124. Notwithstanding this or any other provi17 sion of law, funds appropriated in Military Construction 

18 Appropriations Acts for operations and maintenance of 

19 family housing shall be the exclusive source of funds for 

20 repair and maintenance of all family housing units, includ21 ing general or flag officer quarters: Provided, That not 

22 more than $35,000 per unit may be spent annually for 

23 the maintenance and repair of any general or flag officer 

24 quarters without 30 days advance prior notification to the 

25 appropriate committees of Congress, except that an after- 
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1 the-fact notification shall be submitted if the limitation is 

2 exceeded solely due to costs associated with environmental 

3 remediation that could not be reasonably anticipated at 

4 the time of the budget submission: Provided further, That 

5 the Under Secretary of Defense (Comptroller) is to report 

6 annually to the Committees on Appropriations all oper7 ations and maintenance expenditures for each individual 

8 general or flag officer quarters for the prior fiscal year. 

9 SEC. 125. None of the funds made available in this 

10 Act may be transferred to any department, agency, or in11 strumentality of the United States Government, except 

12 pursuant to a transfer made by, or transfer authority pro13 vided in, this Act or any other appropriation Act. 

14 SEC. 126. No funds appropriated in this Act under 

15 the heading ‘‘North Atlantic Treaty Organization Security 

16 Investment Program’’, and no funds appropriated for any 

17 fiscal year before fiscal year 2005 for that program that 

18 remain available for obligation, may be obligated or ex19 pended for the conduct of studies of missile defense. 

20 SEC. 127. Section 128(b)3(A) of Public Law 108– 

21 132 is amended by striking the words ‘‘December 31, 

22 2004’’ and replacing with ‘‘August 15, 2005’’. 

23 SEC. 128. During the current fiscal year, amounts 

24 contained in the Ford Island Improvement Account estab25 lished under 10 U.S.C. 2814(h) are appropriated and shall 
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1 be available until expended for the purposes specified in 

2 10 U.S.C. 2814(i)(1) or until transferred pursuant to the 

3 provisions of 10 U.S.C. 2814(i)(3). 

4 SEC. 129. (a) TRANSFER OF CERTAIN EXCESS PROP5 ERTY AT FORT HUNTER LIGGETT, CALIFORNIA.— 

6 (1) Notwithstanding any other provision of law, 

7 whenever the Secretary of the Army determines that 

8 any portion of real property consisting of approxi9 mately 165,000 acres at Fort Hunter Liggett, Cali10 fornia, is excess to the military needs of the Army, 

11 the Secretary of the Army shall first offer the prop12 erty to the Secretary of Agriculture. 

13 (2) If the Secretary of Agriculture determines, 

14 pursuant to negotiations with the Secretary of the 

15 Army, to accept any property offered under para16 graph (1), the Secretary of the Army shall transfer 

17 administrative jurisdiction of such property to the 

18 Secretary of Agriculture. 

19 (b) MANAGEMENT OF TRANSFERRED PROPERTY.— 

20 (1) The Secretary of Agriculture shall manage 

21 any property transferred under subsection (a) as 

22 part of the National Forest System under the Act 

23 of March 1, 1911 (commonly known as ‘‘Weeks 

24 Law’’) (16 U.S.C. 480 et seq.), and other laws relat25 ing to the National Forest System. 
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1 (2) Any property managed under paragraph (1) 

2 shall be subject to the concurrent jurisdiction of the 

3 State of California. 

4 (c) ADJUSTMENT OF BOUNDARIES.— 

5 (1) Effective upon the transfer of property 

6 under subsection (a), the boundaries of Los Padres 

7 National Forest shall be modified to incorporate 

8 such property. The Chief of the United States For9 est Service shall file and make available for public 

10 inspection in the Office of the Chief of the United 

11 States Forest Service in Washington, District of Co12 lumbia, a map reflecting any modification of the 

13 boundaries of Los Padres National Forest pursuant 

14 to the preceding sentence. 

15 (2) Any property incorporated within the 

16 boundaries of Los Padres National Forest under 

17 this section shall be deemed to have been within the 

18 boundaries of Los Padres National Forest as of Jan19 uary 1, 1965, for purposes of section 7(a) of the 

20 Land and Water Conservation Fund Act of 1965 

21 (16 U.S.C. 460l–9(a)). 

22 (d) ENVIRONMENTAL MATTERS.— 

23 (1) As part of the transfer of property under 

24 subsection (a), the Secretary of the Army shall— 
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1 (A) provide the Secretary of Agriculture all 

2 documentation and information in the posses3 sion of the Secretary of the Army on the envi4 ronmental condition of such property, including 

5 an environmental baseline survey or its equiva6 lent; and 

7 (B) perform all environmental remediation 

8 and response necessary to protect human health 

9 and the environment on such property to the 

10 extent consistent with the use of such property 

11 as part of the National Forest System. 

12 (2)(A) The transfer of property under sub13 section (a) shall not affect the responsibilities of the 

14 Secretary of the Army with respect to such property 

15 under any applicable environmental law, including 

16 Comprehensive Environmental Response, Compensa17 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 

18 seq.). 

19 (B) Pursuant to the transfer of property, the 

20 Secretary of the Army shall perform all environ21 mental remediation and response with respect to en22 vironmental contamination or injury to natural re23 sources on such property that are attributable to 

24 former military activities on such property to the ex-
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1 tent consistent with the use of such property as part 

2 of the National Forest System. 

3 (C) The Secretary of Agriculture shall have no 

4 liability for any environmental remediation and re5 sponse described in subparagraph (B). 

6 This Act may be cited as the ‘‘Military Construction 

7 Appropriations Act, 2005’’. 

Calendar No. 637 

108TH CONGRESS 

2D SESSION S. 2674 

[Report No. 108–309] 

A BILL 

Making appropriations for military construction, 

poses. ending September 30, 2005, and for other purfor the Department of Defense for the fiscal year family housing, and base realignment and closure 

JULY 15, 2004 

Read twice and placed on the calendar