I

103D CONGRESS

1ST SESSION H. R. 202

To require the Secretary of Defense to protect areas of exceptional natural

or historic character during the process of closing or realigning a military

installation.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. JACOBS introduced the following bill; which was referred to the Committee

on Armed Services

A BILL

To require the Secretary of Defense to protect areas of

exceptional natural or historic character during the process of closing or realigning a military installation.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PROTECTION OF NATURAL AND HISTORIC FEA4 TURES OF CLOSED OR REALIGNED MILITARY

5 INSTALLATIONS.

6 (a) PROPERTY AT BASES CLOSED OR REALIGNED

7 UNDER EXISTING SPECIAL BASE CLOSURE LAWS.—(1)

8 Section 204(b)(3) of the Defense Authorization Amend9 ments and Base Closure and Realignment Act (Public
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1 Law 100–526; 10 U.S.C. 2687 note) is amended to read

2 as follows:

3 ‘‘(3)(A) Before any action is taken with respect to

4 the disposal or transfer of any real property or facility

5 located at a military installation to be closed or realigned

6 under this title, the Secretary shall identify all areas and

7 facilities at the installation that are of exceptional natural

8 or historic character. The identification of such areas and

9 facilities shall be made in consultation with the Secretary

10 of the Interior and the Secretary of Agriculture.

11 ‘‘(B) Areas and facilities at a military installation

12 identified under subparagraph (A) as being of exceptional

13 natural or historic character shall be transferred by the

14 Secretary to the Secretary of the Interior for inclusion in

15 the National Park System, at the request of the Secretary

16 of the Interior, or to the Secretary of Agriculture for inclu17 sion in the National Forest System, at the request of the

18 Secretary of Agriculture. The transfer shall be made with19 out reimbursement.

20 ‘‘(C) In the absence of a request under subparagraph

21 (B) for a particular area or facility, the Secretary shall

22 transfer the area or facility to the State or local govern23 ment in which the area or facility is located if the State

24 or local government agrees to maintain and preserve the

25 area or facility involved as a park, historic site, or other
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1 recreational site. The transfer shall be made without reim2 bursement.

3 ‘‘(D) After satisfying the requirements of subpara4 graphs (A), (B), and (C), the Secretary shall notify all

5 departments and other instrumentalities (including

6 nonappropriated fund instrumentalities) within the De7 partment of Defense of the availability of any remaining

8 property or facility and may transfer, without reimburse9 ment, the property or facility to any such department or

10 instrumentality. However, the Secretary shall give a prior11 ity, and shall transfer, to any such department or other

12 instrumentality that agrees to pay fair market value for

13 the property or facility. For purposes of this subpara14 graph, fair market value shall be determined on the basis

15 of the use of the property or facility on December 31,

16 1988.

17 ‘‘(E) This paragraph shall take precedence over any

18 other provision of this title or other provision of law with

19 respect to the disposal or transfer of real property or facil20 ity located at a military installation to be closed or re21 aligned under this title.’’.

22 (2) Section 2905(b)(2) of the Defense Base Closure

23 and Realignment Act of 1990 (part A of title XXIX of

24 Public Law 101–510; 10 U.S.C. 2687 note) is amended—

25 (A) by striking subparagraph (D);
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1 (B) by redesignating subparagraph (E) as sub2 paragraph (H); and

3 (C) by inserting after subparagraph (C) the fol4 lowing new subparagraphs:

5 ‘‘(D) Before any action is taken with respect to the

6 disposal or transfer of any real property or facility located

7 at a military installation to be closed or realigned under

8 this part, the Secretary shall identify all areas and facili9 ties at the installation that are of exceptional natural or

10 historic character. The identification of such areas and fa11 cilities shall be made in consultation with the Secretary

12 of the Interior, the Secretary of Agriculture, and the per13 sons specified in subparagraph (H).

14 ‘‘(E) Areas and facilities at a military installation

15 identified under subparagraph (D) as being of exceptional

16 natural or historic character shall be transferred by the

17 Secretary to the Secretary of the Interior for inclusion in

18 the National Park System, at the request of the Secretary

19 of the Interior, or to the Secretary of Agriculture for inclu20 sion in the National Forest System, at the request of the

21 Secretary of Agriculture. The transfer shall be made with22 out reimbursement.

23 ‘‘(F) In the absence of a request under subparagraph

24 (E) for a particular area or facility, the Secretary shall

25 transfer the area or facility to the State or local govern-
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1 ment in which the area or facility is located if the State

2 or local government agrees to maintain and preserve the

3 area or facility involved as a park, historic site, or other

4 recreational site. The transfer shall be made without reim5 bursement.

6 ‘‘(G) After satisfying the requirements of subpara7 graphs (D), (E), and (F), the Secretary shall notify all

8 departments and other entities (including nonappropriated

9 fund instrumentalities) within the Department of Defense

10 and the Coast Guard of the availability of the property

11 or facility and may transfer, with or without reimburse12 ment, the property or facility to any such department or

13 instrumentality.’’.

14 (b) DISPOSAL OR TRANSFER OF PROPERTY UNDER

15 OTHER AUTHORITY.—(1) Before any action is taken with

16 respect to the disposal or transfer of any real property

17 or facility located at a military installation to be closed

18 or realigned under any law (other than title II of the De19 fense Authorization Amendments and Base Closure and

20 Realignment Act or the Defense Base Closure and Re21 alignment Act of 1990), the Secretary of Defense shall

22 identify all areas and facilities at the installation that are

23 of exceptional natural or historic character. The identifica24 tion of such areas and facilities shall be made in consulta-
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1 tion with the Secretary of the Interior and the Secretary

2 of Agriculture.

3 (2) Areas and facilities at a military installation iden4 tified under paragraph (1) as being of exceptional natural

5 or historic character shall be transferred by the Secretary

6 of Defense to the Secretary of the Interior for inclusion

7 in the National Park System, at the request of the Sec8 retary of the Interior, or to the Secretary of Agriculture

9 for inclusion in the National Forest System, at the request

10 of the Secretary of Agriculture. The transfer shall be made

11 without reimbursement.

12 (3) In the absence of a request under paragraph (2)

13 for a particular area or facility, the Secretary shall trans14 fer the area or facility to the State or local government

15 in which the area or facility is located if the State or local

16 government agrees to maintain and preserve the area or

17 facility involved as a park, historic site, or other rec18 reational site. The transfer shall be made without reim19 bursement.

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