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justed for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by
section 11 (chapters 50–65) of the Harmonized Tariff
Schedule and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
SEC. 8089. Funds made available to the Civil Air Pa-
trol in this Act under the heading ‘‘Drug Interdiction and
Counter-Drug Activities, Defense’’ may be used for the Civil
Air Patrol Corporation’s counterdrug program, including
its demand reduction program involving youth programs,
as well as operational and training drug reconnaissance
missions for Federal, State and local government agencies;
for administrative costs, including the hiring of Civil Air
Patrol Corporation employees; for travel and per diem ex-
penses of Civil Air Patrol Corporation personnel in support
of those missions; and for equipment needed for mission
support or performance: Provided, That the Department of
the Air Force should waive reimbursement from the Federal,
State and local government agencies for the use of these
funds.
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SEC. 8090. Notwithstanding any other provision of
law, the TRICARE managed care support contracts in ef-
fect, or in final stages of acquisition as of September 30,
1999, may be extended for two years: Provided, That any
such extension may only take place if the Secretary of De-
fense determines that it is in the best interest of the Govern-
ment: Provided further, That any contract extension shall
be based on the price in the final best and final offer for
the last year of the existing contract as adjusted for infla-
tion and other factors mutually agreed to by the contractor
and the Government: Provided further, That notwith-
standing any other provision of law, all future TRICARE
managed care support contracts replacing contracts in ef-
fect, or in the final stages of acquisition as of September
30, 1998, may include a base contract period for transition
and up to seven one-year option periods.
SEC. 8091. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $452,100,000 to reflect savings from revised
economic assumptions, to be distributed as follows:
‘‘Aircraft Procurement, Army’’, $8,000,000;
‘‘Missile Procurement, Army’’, $7,000,000;
‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army’’, $9,000,000;
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‘‘Procurement 
of 
Ammunition, 
Army’’,
$6,000,000;
‘‘Other Procurement, Army’’, $19,000,000;
‘‘Aircraft Procurement, Navy’’, $44,000,000;
‘‘Weapons Procurement, Navy’’, $8,000,000;
‘‘Procurement of Ammunition, Navy and Marine
Corps’’, $3,000,000;
‘‘Shipbuilding 
and 
Conversion, 
Navy’’,
$37,000,000;
‘‘Other Procurement, Navy’’, $23,000,000;
‘‘Procurement, Marine Corps’’, $5,000,000;
‘‘Aircraft Procurement, Air Force’’, $46,000,000;
‘‘Missile Procurement, Air Force’’, $14,000,000;
‘‘Procurement of Ammunition, Air Force’’,
$2,000,000;
‘‘Other Procurement, Air Force’’, $44,400,000;
‘‘Procurement, Defense-Wide’’, $5,200,000;
‘‘Chemical Agents and Munitions Destruction,
Army’’, $5,000,000;
‘‘Research, Development, Test and Evaluation,
Army’’, $20,000,000;
‘‘Research, Development, Test and Evaluation,
Navy’’, $40,900,000;
‘‘Research, Development, Test and Evaluation,
Air Force’’, $76,900,000; and
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‘‘Research, Development, Test and Evaluation,
Defense-Wide’’, $28,700,000:
Provided, That these reductions shall be applied proportion-
ally to each budget activity, activity group and subactivity
group and each program, project, and activity within each
appropriation account.
SEC. 8092. TRAINING AND OTHER PROGRAMS. (a)
PROHIBITION.—None of the funds made available by this
Act may be used to support any training program involv-
ing a unit of the security forces of a foreign country if the
Secretary of Defense has received credible information from
the Department of State that the unit has committed a gross
violation of human rights, unless all necessary corrective
steps have been taken.
(b) MONITORING.—The Secretary of Defense, in con-
sultation with the Secretary of State, shall ensure that prior
to a decision to conduct any training program referred to
in subsection (a), full consideration is given to all credible
information available to the Department of State relating
to human rights violations by foreign security forces.
(c) WAIVER.—The Secretary of Defense, after consulta-
tion with the Secretary of State, may waive the prohibition
in subsection (a) if he determines that such waiver is re-
quired by extraordinary circumstances.
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(d) REPORT.—Not more than 15 days after the exercise
of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense commit-
tees describing the extraordinary circumstances, the purpose
and duration of the training program, the United States
forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights
violations that necessitates the waiver.
SEC. 8093. The Secretary of Defense, in coordination
with the Secretary of Health and Human Services, may
carry out a program to distribute surplus dental equipment
of the Department of Defense, at no cost to the Department
of Defense, to Indian health service facilities and to feder-
ally-qualified health centers (within the meaning of section
1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
SEC. 8094. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $209,300,000 to reflect savings from the pay
of civilian personnel, to be distributed as follows:
‘‘Operation 
and 
Maintenance, 
Army’’,
$45,100,000;
‘‘Operation 
and 
Maintenance, 
Navy’’,
$74,400,000;
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‘‘Operation 
and 
Maintenance, 
Air 
Force’’,
$59,800,000; and
‘‘Operation and Maintenance, Defense-Wide’’,
$30,000,000.
SEC. 8095. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $206,600,000 to reflect savings from favorable
foreign currency fluctuations, to be distributed as follows:
‘‘Operation 
and 
Maintenance, 
Army’’,
$138,000,000;
‘‘Operation 
and 
Maintenance, 
Navy’’,
$10,600,000;
‘‘Operation and Maintenance, Marine Corps’’,
$2,000,000;
‘‘Operation 
and 
Maintenance, 
Air 
Force’’,
$43,000,000; and
‘‘Operation and Maintenance, Defense-Wide’’,
$13,000,000.
SEC. 8096. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $250,307,000 to reflect savings from reduc-
tions in the price of bulk fuel, to be distributed as follows:
‘‘Operation 
and 
Maintenance, 
Army’’,
$56,000,000;
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‘‘Operation 
and 
Maintenance, 
Navy’’,
$67,000,000;
‘‘Operation and Maintenance, Marine Corps’’,
$7,700,000;
‘‘Operation 
and 
Maintenance, 
Air 
Force’’,
$62,000,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$34,000,000;
‘‘Operation and Maintenance, Army Reserve’’,
$4,107,000;
‘‘Operation and Maintenance, Navy Reserve’’,
$2,700,000;
‘‘Operation and Maintenance, Air Force Re-
serve’’, $5,000,000;
‘‘Operation and Maintenance, Army National
Guard’’, $8,700,000; and
‘‘Operation and Maintenance, Air National
Guard’’, $3,100,000.
SEC. 8097. Notwithstanding any other provision of
law, the Secretary of Defense may retain all or a portion
of the family housing at Fort Buchanan, Puerto Rico, as
the Secretary deems necessary to meet military family hous-
ing needs arising out of the relocation of elements of the
United States Army South to Fort Buchanan.
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SEC. 8098. Funds appropriated to the Department of
the Navy in title II of this Act may be available to replace
lost and canceled Treasury checks issued to Trans World
Airlines in the total amount of $255,333.24 for which time-
ly claims were filed and for which detailed supporting
records no longer exist.
SEC. 8099. Notwithstanding any other provision of
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation in the case of a lease of personal property for a period
not in excess of one year to—
(1) any department or agency of the Federal
Government;
(2) any State or local government, including any
interstate organization established by agreement of
two or more States;
(3) any organization determined by the Chief of
the National Guard Bureau, or his designee, to be a
youth or charitable organization; or
(4) any other entity that the Chief of the Na-
tional Guard Bureau, or his designee, approves on a
case-by-case basis.
SEC. 8100. In the current fiscal year and hereafter,
funds appropriated for the Pacific Disaster Center may be
obligated to carry out such missions as the Secretary of De-
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fense may specify for disaster information management and
related supporting activities in the geographic area of re-
sponsibility of the Commander in Chief, Pacific and beyond
in support of a global disaster information network: Pro-
vided, That the Secretary may enable the Pacific Disaster
Center and its derivatives to enter into flexible public-pri-
vate cooperative arrangements for the delegation or imple-
mentation of some or all of its missions and accept and
provide grants, or other remuneration to or from any agen-
cy of the Federal government, state or local government, pri-
vate source or foreign government to carry out any of its
activities: Provided further, That the Pacific Disaster Cen-
ter may not accept any remuneration or provide any serv-
ice or grant which could compromise national security.
SEC. 8101. Notwithstanding any other provision in
this Act, the total amount appropriated in Title I of this
Act is hereby reduced by $1,838,426,000 to reflect amounts
appropriated in H.R. 1141, as enacted. This amount is to
be distributed as follows:
‘‘Military Personnel, Army’’, $559,533,000;
‘‘Military Personnel, Navy’’, $436,773,000;
‘‘Military 
Personnel, 
Marine 
Corps’’,
$177,980,000;
‘‘Military Personnel, Air Force’’, $471,892,000;
‘‘Reserve Personnel, Army’’, $40,574,000;
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‘‘Reserve Personnel, Navy’’, $29,833,000;
‘‘Reserve Personnel, Marine Corps’’, $7,820,000;
‘‘Reserve Personnel, Air Force’’, $13,143,000;
‘‘National 
Guard 
Personnel, 
Army’’,
$70,416,000; and
‘‘National 
Guard 
Personnel, 
Air 
Force’’,
$30,462,000.
SEC. 8102. Notwithstanding any other provision of
law, that not more than twenty-five per centum of funds
provided in this Act, may be obligated for environmental
remediation under indefinite delivery/indefinite quantity
contracts with a total contract value of $130,000,000 or
higher.
SEC. 8103. Of the funds made available under the
heading ‘‘Operation and Maintenance, Air Force’’,
$5,000,000 shall be transferred to the Department of Trans-
portation to enable the Secretary of Transportation to re-
align railroad track on Elmendorf Air Force Base.
SEC. 8104. (a) Of the amounts provided in Title II
of this Act, not less than $1,353,900,000 shall be available
for the missions of the Department of Defense related to
combating terrorism inside and outside the United States.
(b) The budget of the United States Government sub-
mitted to Congress under section 1105 of title 31, United
States Code, for each fiscal year after fiscal year 2000 shall
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any payments made pursuant to subsection (d), may be
made from—
(1) appropriations available for the performance
of the lease at the time the lease takes effect;
(2) appropriations for the operation and mainte-
nance available at the time which the payment is due;
and
(3) funds appropriated for those payments.
(f) The authority granted to the Secretary of the Air
Force by this section is separate from and in addition to,
and shall not be construed to impair or otherwise affect,
the authority of the Secretary to procure transportation or
enter into leases under a provision of law other than this
section.
SEC. 8107. (a) The Communications Act of 1934 is
amended in section 337(b) (47 U.S.C. 337(b)), by deleting
paragraph (2). Upon enactment of this provision, the FCC
shall initiate the competitive bidding process in fiscal year
1999 and shall conduct the competitive bidding in a man-
ner that ensures that all proceeds of such bidding are depos-
ited in accordance with section 309(j)(8) of the Act not later
than September 30, 2000. To expedite the assignment by
competitive bidding of the frequencies identified in section
337(a)(2) of the Act, the rules governing such frequencies
shall be effective immediately upon publication in the Fed-
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eral Register, notwithstanding 5 U.S.C. 553(d), 801(a)(3),
804(2), and 806(a). Chapter 6 of such title, 15 U.S.C. 632,
and 44 U.S.C. 3507 and 3512, shall not apply to the rules
and competitive bidding procedures governing such fre-
quencies. Notwithstanding section 309(b) of the Act, no ap-
plication for an instrument of authorization for such fre-
quencies shall be granted by the Commission earlier than
7 days following issuance of public notice by the Commis-
sion of the acceptance for filing of such application or of
any substantial amendment thereto. Notwithstanding sec-
tion 309(d)(1) of such Act, the Commission may specify a
period (no less than 5 days following issuance of such public
notice) for the filing of petitions to deny any application
for an instrument of authorization for such frequencies.
(b)(1) Not later than 15 days after the date of the en-
actment of this Act, the Director of the Office of Manage-
ment and Budget and the Federal Communications Com-
mission shall each submit to the appropriate congressional
committees a report which shall—
(A) set forth the anticipated schedule (including
specific dates) for—
(i) preparing and conducting the competi-
tive bidding process required by subsection (a);
and
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(ii) depositing the receipts of the competi-
tive bidding process;
(B) set forth each significant milestone in the
rulemaking process with respect to the competitive
bidding process;
(C) include an explanation of the effect of each
requirement in subsection (a) on the schedule for the
competitive bidding process and any post-bidding ac-
tivities (including the deposit of receipts) when com-
pared with the schedule for the competitive bidding
and any post-bidding activities (including the deposit
of receipts) that would otherwise have occurred under
section 337(b)(2) of the Communications Act of 1934
(47 U.S.C. 337(b)(2)) if not for the enactment of sub-
section (a);
(D) set forth for each spectrum auction held by
the Federal Communications Commission since 1993
information on—
(i) the time required for each stage of prep-
aration for the auction;
(ii) the date of the commencement and of
the completion of the auction;
(iii) the time which elapsed between the
date of the completion of the auction and the
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date of the first deposit of receipts from the auc-
tion in the Treasury; and
(iv) the dates of all subsequent deposits of
receipts from the auction in the Treasury; and
(E) include an assessment of how the stages of
the competitive bidding process required by subsection
(a), including preparation, commencement and com-
pletion, and deposit of receipts, will differ from simi-
lar stages in the auctions referred to in subparagraph
(D).
(2) Not later than October 5, 2000, the Director of the
Office of Management and Budget and the Federal Commu-
nications Commission shall each submit to the appropriate
congressional committees the report which shall—
(A) describe the course of the competitive bidding
process required by subsection (a) through September
30, 2000, including the amount of any receipts from
the competitive bidding process deposited in the
Treasury as of September 30, 2000; and
(B) if the course of the competitive bidding proc-
ess has included any deviations from the schedule set
forth under paragraph (1)(A), an explanation for
such deviations from the schedule.
(3) The Federal Communications Commission may
not consult with the Director in the preparation and sub-
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mittal of the reports required of the Commission by this
subsection.
(4) In this subsection, the term ‘‘appropriate congres-
sional committees’’ means the following:
(A) The Committees on Appropriations, the
Budget, and Commerce of the Senate.
(B) The Committees on Appropriations, the
Budget, and Commerce of the House of Representa-
tives.
SEC. 8108. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act for Ti-
tles II and III is hereby reduced by $3,100,000,000 to reflect
supplemental appropriations provided under Public Law
106–31 for Readiness/Munitions; Operational Rapid Re-
sponse Transfer Fund; Spare Parts; Depot Maintenance;
Recruiting; Readiness Training/OPTEMPO; and Base Op-
erations.
SEC. 8109. Section 8106(a) of the Department of De-
fense Appropriations Act, 1997 (titles I through VIII of the
matter under section 101(b) of Public Law 104–208; 110
Stat. 3009–111; 10 U.S.C. 113 note), is amended—
(1) by striking ‘‘not later than June 30, 1997,’’;
and
(2) by striking ‘‘$1,000,000’’ and inserting
‘‘$500,000’’.
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SEC. 8110. In addition to any funds appropriated else-
where in title IV of this Act under the heading ‘‘RESEARCH,
DEVELOPMENT, 
TEST, 
AND
EVALUATION, 
ARMY’’,
$9,000,000 is hereby appropriated only for the Army Test
Ranges and Facilities program element.
SEC. 8111. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act for title
IV under the heading ‘‘RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION, NAVY’’, is hereby reduced by $26,840,000
and the total amount appropriated in this Act for title IV
under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION, DEFENSE-WIDE’’, is hereby increased by
$51,840,000 to reflect the transfer of the Joint Warfighting
Experimentation Program: Provided, That none of the
funds provided for the Joint Warfighting Experimentation
Program may be obligated until the Vice Chairman of the
Joint Chiefs of Staff reports to the congressional defense
committees on the role and participation of all unified and
specified commands in the JWEP.
SEC. 8112. In addition to the amounts appropriated
or otherwise made available elsewhere in this Act for the
Department of Defense, $23,000,000, to remain available
until September 30, 2000 is hereby appropriated to the De-
partment of Defense: Provided, That the Secretary of De-
fense shall make a grant in the amount of $23,000,000 to
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the American Red Cross for Armed Forces Emergency Serv-
ices.
SEC. 8113. In addition to the funds available in title
III, $10,000,000 is hereby appropriated for U–2 cockpit
modifications.
SEC. 8114. The Department of the Army is directed
to conduct a live fire, side-by-side operational test of the
air-to-air Starstreak and air-to-air Stinger missiles from
the AH–64D Longbow helicopter. The operational test is to
be completed utilizing funds provided for in this Act in ad-
dition to funding provided for this purpose in the Fiscal
Year 1999 Defense Appropriations Act (P.L. 105–262): Pro-
vided, That notwithstanding any other provision of law, the
Department is to ensure that the development, procurement
or integration of any missile for use on the AH–64 or
RAH–66 helicopters, as an air-to-air missile, is subject to
a full and open competition which includes the conduct of
a live-fire, side-by-side test as an element of the source selec-
tion criteria: Provided further, That the Under Secretary
of Defense (Acquisition & Technology) will conduct an inde-
pendent review of the need, and the merits of acquiring an
air-to-air missile to provide self-protection for the AH–64
and RAH–66 from the threat of hostile forces. The Secretary
is to provide his findings in a report to the defense oversight
committees, no later than March 31, 2000.
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SEC. 8115. Of the funds appropriated in title IV under
the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION, AIR FORCE’’, up to $6,000,000 may be made avail-
able for the 3–D advanced track acquisition and imaging
system.
SEC. 8116. Of the funds appropriated in title IV under
the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION, NAVY’’, up to $3,000,000 may be made available
for electronic propulsion systems.
SEC. 8117. Of the funds appropriated in title IV under
the heading ‘‘COUNTER-DRUG ACTIVITIES, DEFENSE’’, up
to $5,000,000 may be made available for a ground proc-
essing station to support a tropical remote sensing radar.
SEC. 8118. Of the funds made available under the
heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION, ARMY’’, up to $6,000,000 may be provided to the
United States Army Construction Engineering Research
Laboratory to continue research and development to reduce
pollution associated with industrial manufacturing waste
systems.
SEC. 8119. Of the funds appropriated in title II under
the heading ‘‘OPERATION AND MAINTENANCE, NAVY’’, up to
$13,000,000 may be available for depot overhaul of the MK–
45 weapon system, and up to $19,000,000 may be available
for depot overhaul of the Close In Weapon System.
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SEC. 8120. Of the funds appropriated in title IV under
the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION, ARMY’’, up to $1,500,000 may be available for
prototyping and testing of a water distributor for the Pal-
let-Loading System Engineer Mission Module System.
SEC. 8121. Of the funds provided under title IV of this
Act under the heading ‘‘RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION, AIR FORCE’’, up to $1,000,000 may be
made available only for alternative missile engine source
development.
SEC. 8122. Of the funds appropriated in title IV under
the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION, ARMY’’, up to $3,000,000 may be made available
for the National Defense Center for Environmental Excel-
lence Pollution Prevention Initiative.
SEC. 8123. Of the funds made available in title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST, 
AND
EVALUATION, 
DEFENSE-WIDE’’, 
up 
to
$4,500,000 may be made available for a hot gas decon-
tamination facility.
SEC. 8124. Of the funds made available under the
heading ‘‘DEFENSE HEALTH PROGRAM’’, up to $2,000,000
may be made available to support the establishment of a
Department of Defense Center for Medical Informatics.
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SEC. 8125. Of the funds appropriated in title III
under the heading ‘‘PROCUREMENT, MARINE CORPS’’, up
to $2,800,000 may be made available for the K-Band Test
Obscuration Pairing System.
SEC. 8126. Of the funds made available under the
heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION, ARMY’’, up to $2,000,000 may be made available to
continue and expand on-going work in recombinant vaccine
research against biological warfare agents.
SEC. 8127. (a) The purpose of this section is to provide
means for the City of Bayonne, New Jersey, to furnish fire
protection through the City’s municipal fire department for
the tenants, including the Coast Guard, and property at
Military Ocean Terminal, New Jersey, thereby enhancing
the City’s capability for furnishing safety services that is
a fundamental capability necessary for encouraging the eco-
nomic development of Military Ocean Terminal.
(b) The Secretary of the Army may, notwithstanding
title II of the Federal Property and Administrative Services
Act of 1949, convey without consideration to the Bayonne
Local Redevelopment Authority, Bayonne, New Jersey, and
to the City of Bayonne, New Jersey, jointly, all right, title,
and interest of the United States in and to the firefighting
equipment described in subsection (c).
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(c) The equipment to be conveyed under subsection (b)
is firefighting equipment at Military Ocean Terminal, Ba-
yonne, New Jersey, as follows:
(1) Pierce Dash 2000 Gpm Pumper, manufac-
tured September 1995.
(2) Pierce Arrow 100-foot Tower Ladder, manu-
factured February 1994.
(3) Pierce HAZMAT truck, manufactured 1993.
(4) Ford E–350, manufactured 1992.
(5) Ford E–302, manufactured 1990.
(6) 
Bauer 
Compressor, 
Bauer–UN 
12–
E#5000psi, manufactured November 1989.
(d) The conveyance and delivery of the property shall
be at no cost to the United States.
(e) The Secretary may require such additional terms
and conditions in connection with the conveyance under
this section as the Secretary considers appropriate to pro-
tect the interests of the United States.
SEC. 8128. Of the funds appropriated in title IV under
the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION, NAVY’’, up to $3,000,000 may be made available
for basic research on advanced composite materials proc-
essing (specifically, resin transfer molding, vacuum-assisted
resin transfer molding, and co-infusion resin transfer mold-
ing).
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SEC. 8129. Of the funds appropriated in title IV under
the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION, ARMY’’, up to $5,000,000 may be available for In-
formation Warfare Vulnerability Analysis.
SEC. 8130. Of the funds appropriated in title IV under
the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION, AIR FORCE’’, up to $7,500,000 may be made avail-
able for the GEO High Resolution Space Object Imaging
Program.
SEC. 8131. Of the funds appropriated in title IV under
the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION, ARMY’’, up to $4,000,000 may be available solely
for research, development, test, and evaluation of elastin-
based artificial tissues and dye targeted laser fusion tech-
niques for healing internal injuries.
SEC. 8132. Of the funds made available in title IV of
this Act for the Defense Advanced Research Projects Agency
under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION, DEFENSE-WIDE’’, up to $20,000,000 may be
made available for supersonic aircraft noise mitigation re-
search and development efforts.
SEC. 8133. From within the funds provided for the De-
fense Acquisition University, up to $5,000,000 may be spent
on a pilot program using state-of-the-art training tech-
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nology that would train the acquisition workforce in a sim-
ulated Government procurement environment.
SEC. 8134. During the current fiscal year, under regu-
lations prescribed by the Secretary of Defense, the Center
of Excellence for Disaster Management and Humanitarian
Assistance may also pay, or authorize payment for, the ex-
penses of providing or facilitating education and training
for appropriate military and civilian personnel of foreign
countries in disaster management and humanitarian as-
sistance: Provided, That not later than April 1, 2001, the
Secretary of Defense shall submit to the congressional de-
fense committees a report regarding the training of foreign
personnel conducted under this authority during the pre-
ceding fiscal year for which expenses were paid under the
section: Provided further, That the report shall specify the
countries in which the training was conducted, the type of
training conducted, and the foreign personnel trained.
SEC. 8135. Of the funds appropriated in title II under
the heading ‘‘OPERATION AND MAINTENANCE, AIR FORCE’’,
up to $4,000,000 may be made available for the Manufac-
turing Technology Assistance Pilot Program.
SEC. 8136. Of the funds appropriated in title IV under
the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION, ARMY’’, up to $5,000,000 may be available for vis-
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ual display performance and visual display environmental
research and development.
SEC. 8137. Of the funds appropriated in title III
under the heading ‘‘OTHER
PROCUREMENT, ARMY’’,
$51,250,000 shall be available for the Information System
Security Program, of which up to $10,000,000 may be made
available for an immediate assessment of biometrics sensors
and templates repository requirements and for combining
and consolidating biometrics security technology and other
information assurance technologies to accomplish a more fo-
cused and effective information assurance effort.
SEC. 8138. Of the funds appropriated in title II under
the heading ‘‘OPERATION AND MAINTENANCE, DEFENSE-
WIDE’’ for the Office of the Special Assistant to the Deputy
Secretary of Defense for Gulf War Illnesses, up to
$10,000,000 may be made available for carrying out the
first-year actions under the 5-year research plan outlined
in the report entitled ‘‘Department of Defense Strategy to
Address Low-Level Exposures to Chemical Warfare Agents
(CWAs)’’, dated May 1999, that was submitted to commit-
tees of Congress pursuant to section 247(d) of the Strom
Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105–261; 112 Stat. 1957).
SEC. 8139. (a) Congress makes the following findings:
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(1) The B–2 bomber has been used in combat for
the first time in Operation Allied Force against Yugo-
slavia.
(2) The B–2 bomber has demonstrated unparal-
leled strike capability in Operation Allied Force, with
cursory data indicating that the bomber could have
dropped nearly 20 percent of the precision ordnance
while flying less than 3 percent of the attack sorties.
(3) According to the congressionally mandated
Long Range Air Power Panel, ‘‘long range air power
is an increasingly important element of United States
military capability’’.
(4) The crews of the B–2 bomber and the per-
sonnel of Whiteman Air Force Base, Missouri, deserve
particular credit for flying and supporting the strike
missions against Yugoslavia, some of the longest com-
bat missions in the history of the Air Force.
(5) The bravery and professionalism of the per-
sonnel of Whiteman Air Force Base have advanced
American interests in the face of significant challenge
and hardship.
(6) The dedication of those who serve in the
Armed Forces, exemplified clearly by the personnel of
Whiteman Air Force Base, is the greatest national se-
curity asset of the United States.
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(b) It is the sense of Congress that—
(1) the skill and professionalism with which the
B–2 bomber has been used in Operation Allied Force
is a credit to the personnel of Whiteman Air Force
Base, Missouri, and the Air Force;
(2) the B–2 bomber has demonstrated an unpar-
alleled capability to travel long distances and deliver
devastating weapons payloads, proving its essential
role for United States power projection in the future;
and
(3) the crews of the B–2 bomber and the per-
sonnel of Whiteman Air Force Base deserve the grati-
tude of the American people for their dedicated per-
formance in an indispensable role in the air cam-
paign against Yugoslavia and in the defense of the
United States.
SEC. 8140. Of the funds appropriated in title III
under the heading ‘‘AIRCRAFT
PROCUREMENT, AIR
FORCE’’, up to $10,000,000 may be made available for U–
2 aircraft defensive system modernization.
SEC. 8141. Of the amount appropriated in title IV
under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION, DEFENSE-WIDE’’, $25,185,000 shall be avail-
able for research and development relating to Persian Gulf
illnesses, of which $4,000,000 shall be available for continu-
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ation of research into Gulf War syndrome that includes
multidisciplinary studies of fibromyalgia, chronic fatigue
syndrome, multiple chemical sensitivity, and the use of re-
search methods of cognitive and computational neuro-
science, and of which up to $2,000,000 may be made avail-
able for expansion of the research program in the Upper
Great Plains region.
SEC. 8142. Of the total amount appropriated in title
III under the heading ‘‘AIRCRAFT PROCUREMENT, AIR
FORCE’’, up to $17,500,000 may be made available for pro-
curement of the F–15A/B data link for the Air National
Guard.
SEC. 8143. Of the funds appropriated in title III
under the heading ‘‘WEAPONS PROCUREMENT, NAVY’’, up
to $3,000,000 may be made available for the MK–43 Ma-
chine Gun Conversion Program.
SEC. 8144. DEVELOPMENT OF FORD ISLAND, HAWAII.
(a) IN GENERAL.—(1) Subject to paragraph (2), the Sec-
retary of the Navy may exercise any authority or combina-
tion of authorities in this section for the purpose of devel-
oping or facilitating the development of Ford Island, Ha-
waii, to the extent that the Secretary determines the devel-
opment is compatible with the mission of the Navy.
(2) The Secretary may not exercise any authority
under this section until—
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(A) the Secretary submits to the appropriate
committees of Congress a master plan for the develop-
ment of Ford Island; and
(B) a period of 30 calendar days has elapsed fol-
lowing the date on which the notification is received
by those committees.
(b) CONVEYANCE AUTHORITY.—(1) The Secretary of
the Navy may convey to any public or private person or
entity all right, title, and interest of the United States in
and to any real property (including any improvements
thereon) or personal property under the jurisdiction of the
Secretary in the State of Hawaii that the Secretary
determines—
(A) is excess to the needs of the Navy and all of
the other Armed Forces; and
(B) will promote the purpose of this section.
(2) A conveyance under this subsection may include
such terms and conditions as the Secretary considers appro-
priate to protect the interests of the United States.
(c) LEASE AUTHORITY.—(1) The Secretary of the
Navy may lease to any public or private person or entity
any real property or personal property under the jurisdic-
tion of the Secretary in the State of Hawaii that the Sec-
retary determines—
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(A) is not needed for current operations of the
Navy and all of the other Armed Forces; and
(B) will promote the purpose of this section.
(2) A lease under this subsection shall be subject to sec-
tion 2667(b)(1) of title 10, United States Code, and may
include such others terms as the Secretary considers appro-
priate to protect the interests of the United States.
(3) A lease of real property under this subsection may
provide that, upon termination of the lease term, the lessee
shall have the right of first refusal to acquire the real prop-
erty covered by the lease if the property is then conveyed
under subsection (b).
(4)(A) The Secretary may provide property support
services to or for real property leased under this subsection.
(B) To the extent provided in appropriations Acts, any
payment made to the Secretary for services provided under
this paragraph shall be credited to the appropriation, ac-
count, or fund from which the cost of providing the services
was paid.
(d) ACQUISITION OF LEASEHOLD INTEREST BY SEC-
RETARY.—(1) The Secretary of the Navy may acquire a
leasehold interest in any facility constructed under sub-
section (f) as consideration for a transaction authorized by
this section upon such terms as the Secretary considers ap-
propriate to promote the purpose of this section.
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(2) The term of a lease under paragraph (1) may not
exceed 10 years, unless the Secretary of Defense approves
a term in excess of 10 years for the purpose of this section.
(3) A lease under this subsection may provide that,
upon termination of the lease term, the United States shall
have the right of first refusal to acquire the facility covered
by the lease.
(e) REQUIREMENT FOR COMPETITION.—The Secretary
of the Navy shall use competitive procedures for purposes
of selecting the recipient of real or personal property under
subsection (b) and the lessee of real or personal property
under subsection (c).
(f) CONSIDERATION.—(1) As consideration for the con-
veyance of real or personal property under subsection (b),
or for the lease of real or personal property under subsection
(c), the Secretary of the Navy shall accept cash, real prop-
erty, personal property, or services, or any combination
thereof, in an aggregate amount equal to not less than the
fair market value of the real or personal property conveyed
or leased.
(2) Subject to subsection (i), the services accepted by
the Secretary under paragraph (1) may include the fol-
lowing:
(A) The construction or improvement of facilities
at Ford Island.
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(B) The restoration or rehabilitation of real
property at Ford Island.
(C) The provision of property support services
for property or facilities at Ford Island.
(g) NOTICE
AND WAIT REQUIREMENTS.—The Sec-
retary of the Navy may not carry out a transaction author-
ized by this section until—
(1) the Secretary submits to the appropriate
committees of Congress a notification of the trans-
action, including—
(A) a detailed description of the trans-
action; and
(B) a justification for the transaction speci-
fying the manner in which the transaction will
meet the purpose of this section; and
(2) a period of 30 calendar days has elapsed fol-
lowing the date on which the notification is received
by those committees.
(h) FORD
ISLAND
IMPROVEMENT
ACCOUNT.—(1)
There is established on the books of the Treasury an account
to be known as the ‘‘Ford Island Improvement Account’’.
(2) There shall be deposited into the account the fol-
lowing amounts:
(A) Amounts authorized and appropriated to the
account.
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(B) Except as provided in subsection (c)(4)(B),
the amount of any cash payment received by the Sec-
retary for a transaction under this section.
(i) USE OF ACCOUNT.—(1) Subject to paragraph (2),
to the extent provided in advance in appropriation Acts,
funds in the Ford Island Improvement Account may be used
as follows:
(A) To carry out or facilitate the carrying out
of a transaction authorized by this section.
(B) To carry out improvements of property or
facilities at Ford Island.
(C) To obtain property support services for prop-
erty or facilities at Ford Island.
(2) To extent that the authorities provided under sub-
chapter IV of chapter 169 of title 10, United States Code,
are available to the Secretary of the Navy, the Secretary
may not use the authorities in this section to acquire, con-
struct, or improve family housing units, military unaccom-
panied housing units, or ancillary supporting facilities re-
lated to military housing at Ford Island.
(3)(A) The Secretary may transfer funds from the
Ford Island Improvement Account to the following funds:
(i) The Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1)
of title 10, United States Code.
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(ii) The Department of Defense Military Unac-
companied Housing Improvement Fund established
by section 2883(a)(2) of that title.
(B) Amounts transferred under subparagraph (A) to
a fund referred to in that subparagraph shall be available
in accordance with the provisions of section 2883 of title
10, United States Code, for activities authorized under sub-
chapter IV of chapter 169 of that title at Ford Island.
(j) INAPPLICABILITY OF CERTAIN PROPERTY MANAGE-
MENT LAWS.—Except as otherwise provided in this section,
transactions under this section shall not be subject to the
following:
(1) Sections 2667 and 2696 of title 10, United
States Code.
(2) Section 501 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11411).
(3) Sections 202 and 203 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
483, 484).
(k) SCORING.—Nothing in this section shall be con-
strued to waive the applicability to any lease entered into
under this section of the budget scorekeeping guidelines used
to measure compliance with the Balanced Budget Emer-
gency Deficit Control Act of 1985.
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(l) CONFORMING AMENDMENTS.—Section 2883(c) of
title 10, United States Code, is amended—
(1) in paragraph (1), by adding at the end the
following new subparagraph:
‘‘(E) Any amounts that the Secretary of the
Navy transfers to that Fund pursuant to section
2862(i)(3)(A)(i) of the Military Construction Author-
ization Act for Fiscal Year 2000, subject to the re-
strictions on the use of the transferred amounts speci-
fied in that section.’’; and
(2) in paragraph (2), by adding at the end the
following new subparagraph:
‘‘(E) Any amounts that the Secretary of the
Navy transfers to that Fund pursuant to section
2862(i)(3)(A)(ii) of the Military Construction Author-
ization Act for Fiscal Year 2000, subject to the re-
strictions on the use of the transferred amounts speci-
fied in that section.’’.
(m) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Con-
gress’’ has the meaning given that term in section
2801(4) of title 10, United States Code.
(2) The term ‘‘property support service’’ means
the following:
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(A) Any utility service or other service list-
ed in section 2686(a) of title 10, United States
Code.
(B) Any other service determined by the
Secretary to be a service that supports the oper-
ation and maintenance of real property, per-
sonal property, or facilities.
SEC. 8145. (a) The Department of Defense is author-
ized to enter into agreements with the Veterans Administra-
tion and federally-funded health agencies providing services
to Native Hawaiians for the purpose of establishing a part-
nership similar to the Alaska Federal Health Care Partner-
ship, in order to maximize Federal resources in the provi-
sion of health care services by federally-funded health agen-
cies, applying telemedicine technologies. For the purpose of
this partnership, Native Hawaiians shall have the same
status as other Native Americans who are eligible for the
health care services provided by the Indian Health Service.
(b) The Department of Defense is authorized to develop
a consultation policy, consistent with Executive Order
13084 (issued May 14, 1998), with Native Hawaiians for
the purpose of assuring maximum Native Hawaiian par-
ticipation in the direction and administration of govern-
mental services so as to render those services more respon-
sive to the needs of the Native Hawaiian community.
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(c) For purposes of this section, the term ‘‘Native Ha-
waiian’’ means any individual who is a descendant of the
aboriginal people who, prior to 1778, occupied and exer-
cised sovereignty in the area that now comprises the State
of Hawaii.
SEC. 8146. Of the funds made available in title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION, NAVY’’, up to $3,000,000 may be
made available to continue research and development on
polymer cased ammunition.
SEC. 8147. (a) Of the amounts appropriated by title
II under the heading ‘‘OPERATION AND MAINTENANCE, DE-
FENSE-WIDE’’, up to $220,000 may be made available to
carry out the study described in subsection (b).
(b)(1) The Secretary of the Army, acting through the
Chief of Engineers, shall carry out a study for purposes of
evaluating the cost-effectiveness of various technologies uti-
lized, or having the potential to be utilized, in the demoli-
tion and cleanup of facilities contaminated with chemical
residue at facilities used in the production of weapons and
ammunition.
(2) The Secretary shall carry out the study at the
Badger Army Ammunition Plant, Wisconsin.
(3) The Secretary shall provide for the carrying out
of work under the study through the Omaha District Corps
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of Engineers and in cooperation with the Department of
Energy Federal Technology Center, Morgantown, West Vir-
ginia.
(4) The Secretary may make available to other depart-
ments and agencies of the Federal Government information
developed as a result of the study.
SEC. 8148. Of the funds appropriated in this Act
under the heading ‘‘OPERATION
AND
MAINTENANCE,
ARMY’’, up to $500,000 may be available for a study of the
costs and feasibility of a project to remove ordnance from
the Toussaint River.
SEC. 8149. Of the funds appropriated in title IV under
the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION, AIR FORCE’’, $63,041,000 may be available for C–
5 aircraft modernization.
SEC. 8150. None of the funds appropriated or other-
wise made available by this or any other Act may be made
available for reconstruction activities in the Republic of
Serbia (excluding the province of Kosovo) as long as
Slobodan Milosevic remains the President of the Federal Re-
public of Yugoslavia (Serbia and Montenegro).
SEC. 8151. Office of Net Assessment in the Office of
the Secretary of Defense, jointly with the United States Pa-
cific Command, shall submit a report to Congress no later
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than 180 days after the enactment of this Act which ad-
dresses the following issues:
(1) A review and evaluation of the operational
planning and other preparations of the United States
Department of Defense, including but not limited to
the United States Pacific Command, to implement the
relevant sections of the Taiwan Relations Act since its
enactment in 1979.
(2) A review and evaluation of all gaps in rel-
evant knowledge about the current and future mili-
tary balance between Taiwan and mainland China,
including but not limited to Chinese open source
writings.
(3) A set of recommendations, based on these re-
views and evaluations, concerning further research
and analysis that the Office of Net Assessment and
the Pacific Command believe to be necessary and de-
sirable to be performed by the National Defense Uni-
versity and other defense research centers.
SEC. 8152. (a) Congress makes the following findings:
(1) Congress recognizes and supports, as being
fundamental to the national defense, the ability of the
Armed Forces to test weapons and weapon systems
thoroughly, and to train members of the Armed
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Forces in the use of weapons and weapon systems be-
fore the forces enter hostile military engagements.
(2) It is the policy of the United States that the
Armed Forces at all times exercise the utmost degree
of caution in the training with weapons and weapon
systems in order to avoid endangering civilian popu-
lations and the environment.
(3) In the adherence to these policies, it is essen-
tial to the public safety that the Armed Forces not
test weapons or weapon systems, or engage in train-
ing exercises with live ammunition, in close prox-
imity to civilian populations unless there is no rea-
sonable alternative available.
(b) It is the sense of Congress that—
(1) there should be a thorough investigation of
the circumstances that led to the accidental death of
a civilian employee of the Navy installation in
Vieques, Puerto Rico, and the wounding of four other
civilians during a live-ammunition weapons test at
Vieques, including a reexamination of the adequacy of
the measures that are in place to protect the civilian
population during such training;
(2) the Secretary of Defense should not authorize
the Navy to resume live ammunition training on the
Island of Vieques, Puerto Rico, unless and until he
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has advised the congressional defense committees of
the Senate and the House of Representatives that—
(A) there is not available an alternative
training site with no civilian population located
in close proximity;
(B) the national security of the United
States requires that the training be carried out;
(C) measures to provide the utmost level of
safety to the civilian population are to be in
place and maintained throughout the training;
and
(D) training with ammunition containing
radioactive materials that could cause environ-
mental degradation should not be authorized;
(3) in addition to advising committees of Con-
gress of the findings as described in paragraph (2),
the Secretary of Defense should advise the Governor of
Puerto Rico of those findings and, if the Secretary of
Defense decides to resume live-ammunition weapons
training on the Island of Vieques, consult with the
Governor on a regular basis regarding the measures
being taken from time to time to protect civilians
from harm from the training.
SEC. 8153. Of the funds appropriated in title IV for
Research, Development, Test and Evaluation, Army, up to
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$10,000,000 may be utilized for Army Space Control Tech-
nology.
SEC. 8154. (a) Of the funds appropriated in title II
under the heading ‘‘OPERATION AND MAINTENANCE, AIR
FORCE’’ (other than the funds appropriated for space
launch facilities), up to $7,300,000 may be available, in
addition to other funds appropriated under that heading
for space launch facilities, for a second team of personnel
for space launch facilities for range reconfiguration to ac-
commodate launch schedules.
(b) The funds set aside under subsection (a) may not
be obligated for any purpose other than the purpose speci-
fied in subsection (a).
SEC. 8155. Of the funds appropriated in title IV under
the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION, ARMY’’, up to $4,000,000 may be made available
for the Advanced Integrated Helmet System Program.
SEC. 8156. PROHIBITION ON USE OF REFUGEE RE-
LIEF FUNDS FOR LONG-TERM REGIONAL DEVELOPMENT OR
RECONSTRUCTION IN SOUTHEASTERN EUROPE. None of the
funds made available in the 1999 Emergency Supplemental
Appropriations Act (Public Law 106–31) may be made
available to implement a long-term, regional program of
development or reconstruction in Southeastern Europe ex-
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cept pursuant to specific statutory authorization enacted on
or after the date of enactment of this Act.
SEC. 8157. Of the funds appropriated in title III, Pro-
curement, under the heading ‘‘MISSILE PROCUREMENT,
ARMY’’, up to $35,000,000 may be made available to retrofit
and improve the current inventory of Patriot missiles in
order to meet current and projected threats from cruise mis-
siles.
SEC. 8158. (a) PURPOSE.—The purpose of this section
is to evaluate and demonstrate methods for more efficient
operation of military installations through improved cap-
ital asset management and greater reliance on the public
or private sector for less-costly base support services, where
available.
(b) AUTHORITY.—(1) The Secretary of the Air Force
may carry out at Brooks Air Force Base, Texas, a dem-
onstration project to be known as the ‘‘Base Efficiency
Project’’ to improve mission effectiveness and reduce the cost
of providing quality installation support at Brooks Air
Force Base.
(2) The Secretary shall carry out the Project in con-
sultation with the Community to the extent the Secretary
determines such consultation is necessary and appropriate.
(3) The authority provided in this section is in addi-
tion to any other authority vested in or delegated to the
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Secretary, and the Secretary may exercise any authority
or combination of authorities provided under this section
or elsewhere to carry out the purposes of the Project.
(c) EFFICIENT PRACTICES.—(1) The Secretary may
convert services at or for the benefit of the Base from accom-
plishment by military personnel or by Department civilian
employees (appropriated fund or non-appropriated fund),
to services performed by contract or provided as consider-
ation for the lease, sale, or other conveyance or transfer of
property.
(2) Notwithstanding section 2462 of title 10, United
States Code, a contract for services may be awarded based
on ‘‘best value’’ if the Secretary determines that the award
will advance the purposes of a joint activity conducted
under the Project and is in the best interest of the Depart-
ment.
(3) Notwithstanding that such services are generally
funded by local and State taxes and provided without spe-
cific charge to the public at large, the Secretary may con-
tract for public services at or for the benefit of the Base
in exchange for such consideration, if any, the Secretary
determines to be appropriate.
(4)(A) The Secretary may conduct joint activities with
the Community, the State, and any private parties or enti-
ties on or for the benefit of the Base.
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(B) Payments or reimbursements received from par-
ticipants for their share of direct and indirect costs of joint
activities, including the costs of providing, operating, and
maintaining facilities, shall be in an amount and type de-
termined to be adequate and appropriate by the Secretary.
(C) Such payments or reimbursements received by the
Department shall be deposited into the Project Fund.
(d) LEASE AUTHORITY.—(1) The Secretary may lease
real or personal property located on the Base to any lessee
upon such terms and conditions as the Secretary considers
appropriate and in the interest of the United States, if the
Secretary determines that the lease would facilitate the pur-
poses of the Project.
(2) Consideration for a lease under this subsection
shall be determined in accordance with subsection (g).
(3) A lease under this subsection—
(A) may be for such period as the Secretary de-
termines is necessary to accomplish the goals of the
Project; and
(B) may give the lessee the first right to purchase
the property if the lease is terminated to allow the
United States to sell the property under any other
provision of law.
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(4)(A) The interest of a lessee of property leased under
this subsection may be taxed by the State or the Commu-
nity.
(B) A lease under this subsection shall provide that,
if and to the extent that the leased property is later made
taxable by State governments or local governments under
Federal law, the lease shall be renegotiated.
(5) The Department may furnish a lessee with utili-
ties, custodial services, and other base operation, mainte-
nance, or support services, in exchange for such consider-
ation, payment, or reimbursement as the Secretary deter-
mines appropriate.
(6) All amounts received from leases under this sub-
section shall be deposited into the Project Fund.
(7) A lease under this subsection shall not be subject
to the following provisions of law:
(A) Section 2667 of title 10, United States Code,
other than subsection (b)(1) of that section.
(B) Section 321 of the Act of June 30, 1932 (40
U.S.C. 303b).
(C) The Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
(e) PROPERTY DISPOSAL.—(1) The Secretary may sell
or otherwise convey or transfer real and personal property
located at the Base to the Community or to another public
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or private party during the Project, upon such terms and
conditions as the Secretary considers appropriate for pur-
poses of the Project.
(2) Consideration for a sale or other conveyance or
transfer or property under this subsection shall be deter-
mined in accordance with subsection (g).
(3) The sale or other conveyance or transfer of property
under this subsection shall not be subject to the following
provisions of law:
(A) Section 2693 of title 10, United States Code.
(B) The Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.)
(4) Cash payments received as consideration for the
sale or other conveyance or transfer of property under this
subsection shall be deposited into the Project Fund.
(f) 
LEASEBACK
OF
PROPERTY
LEASED
OR
DISPOSED.—(1) The Secretary may lease, sell, or otherwise
convey or transfer real property at the Base under sub-
sections (b) and (e), as applicable, which will be retained
for use by the Department or by another military depart-
ment or other Federal agency, if the lessee, purchaser, or
other grantee or transferee of the property agrees to enter
into a leaseback to the Department in connection with the
lease, sale, or other conveyance or transfer of one or more
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portions or all of the property leased, sold, or otherwise con-
veyed or transferred, as applicable.
(2) A leaseback of real property under this subsection
shall be an operating lease for no more than 20 years unless
the Secretary of Defense determines that a longer term is
appropriate.
(3)(A) Consideration, if any, for real property leased
under a leaseback entered into under this subsection shall
be in such form and amount as the Secretary considers ap-
propriate.
(B) The Secretary may use funds in the Project Fund
or other funds appropriated or otherwise available to the
Department for use at the Base for payment of any such
cash rent.
(4) Notwithstanding any other provision of law, the
Department or other military department or other Federal
agency using the real property leased under a leaseback en-
tered into under this subsection may construct and erect
facilities on or otherwise improve the leased property using
funds appropriated or otherwise available to the Depart-
ment or other military department or other Federal agency
for such purpose. Funds available to the Department for
such purpose include funds in the Project Fund.
(g) CONSIDERATION.—(1) The Secretary shall deter-
mine the nature, value, and adequacy of consideration re-
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quired or offered in exchange for a lease, sale, or other con-
veyance or transfer of real or personal property or for other
actions taken under the Project.
(2) Consideration may be in cash or in-kind or any
combination thereof. In-kind consideration may include the
following:
(A) Real property.
(B) Personal property.
(C) Goods or services, including operation,
maintenance, protection, repair, or restoration (in-
cluding environmental restoration) of any property or
facilities (including non-appropriated fund facilities).
(D) Base operating support services.
(E) Construction or improvement of Department
facilities.
(F) Provision of facilities, including office, stor-
age, or other usable space, for use by the Department
on or off the Base.
(G) Public services.
(3) Consideration may not be for less than the fair
market value.
(h) PROJECT FUND.—(1) There is established on the
books of the Treasury a fund to be known as the ‘‘Base Effi-
ciency Project Fund’’ into which all cash rents, proceeds,
payments, reimbursements, and other amounts from leases,
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sales, or other conveyances or transfers, joint activities, and
all other actions taken under the Project shall be deposited.
All amounts deposited into the Project Fund are without
fiscal year limitation.
(2) Amounts in the Project Fund may be used only
for operation, base operating support services, maintenance,
repair, construction, or improvement of Department facili-
ties, payment of consideration for acquisitions of interests
in real property (including payment of rentals for lease-
backs), and environmental protection or restoration, in ad-
dition to or in combination with other amounts appro-
priated for these purposes.
(3) Subject to generally prescribed financial manage-
ment regulations, the Secretary shall establish the structure
of the Project Fund and such administrative policies and
procedures as the Secretary considers necessary to account
for and control deposits into and disbursements from the
Project Fund effectively.
(4) All amounts in the Project Fund shall be available
for use for the purposes authorized in paragraph (2) at the
Base, except that the Secretary may redirect up to 50 per
cent of amounts in the Project Fund for such uses at other
installations under the control and jurisdiction of the Sec-
retary as the Secretary determines necessary and in the best
interest of the Department.
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(i) FEDERAL AGENCIES.—(1)(A) Any Federal agency,
its contractors, or its grantees shall pay rent, in cash or
services, for the use of facilities or property at the Base,
in an amount and type determined to be adequate by the
Secretary.
(B) Such rent shall generally be the fair market rental
of the property provided, but in any case shall be sufficient
to compensate the Base for the direct and overhead costs
incurred by the Base due to the presence of the tenant agen-
cy on the Base.
(2) Transfers of real or personal property at the Base
to other Federal agencies shall be at fair market value con-
sideration. Such consideration may be paid in cash, by ap-
propriation transfer, or in property, goods, or services.
(3) Amounts received from other Federal agencies,
their contractors, or grantees, including any amounts paid
by appropriation transfer, shall be deposited in the Project
Fund.
(j) ACQUISITION OF INTERESTS IN REAL PROPERTY.—
(1) The Secretary may acquire any interest in real property
in and around the Community that the Secretary deter-
mines will advance the purposes of the Project.
(2) The Secretary shall determine the value of the in-
terest in the real property to be acquired and the consider-
ation (if any) to be offered in exchange for the interest.
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(3) The authority to acquire an interest in real prop-
erty under this subsection includes authority to make sur-
veys and acquire such interest by purchase, exchange, lease,
or gift.
(4) Payments for such acquisitions may be made from
amounts in the Project Fund or from such other funds ap-
propriated or otherwise available to the Department for
such purposes.
(k) REPORTS TO CONGRESS.—(1) Section 2662 of title
10, United States Code, shall not apply to transactions at
the Base during the Project.
(2)(A) Not later than March 1 each year, the Secretary
shall submit to the appropriate committees of Congress a
report on any transactions at the Base during the preceding
fiscal year that would be subject to such section 2662, but
for paragraph (1).
(B) The report shall include a detailed cost analysis
of the financial savings and gains realized through joint
activities and other actions under the Project authorized by
this section and a description of the status of the Project.
(l) LIMITATION.—None of the authorities in this sec-
tion shall create any legal rights in any person or entity
except rights embodied in leases, deeds, or contracts.
(m) EXPIRATION OF AUTHORITY.—The authority to
enter into a lease, deed, permit, license, contract, or other
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agreement under this section shall expire on September 30,
2004.
(n) DEFINITIONS.—In this section:
(1) The term ‘‘Project’’ means the Base Effi-
ciency Project authorized by this section.
(2) The term ‘‘Base’’ means Brooks Air Force
Base, Texas.
(3) The term ‘‘Community’’ means the City of
San Antonio, Texas.
(4) The term ‘‘Department’’ means the Depart-
ment of the Air Force.
(5) The term ‘‘facility’’ means a building, struc-
ture, or other improvement to real property (except a
military family housing unit as that term is used in
subchapter IV of chapter 169 of title 10, United
States Code).
(6) The term ‘‘joint activity’’ means an activity
conducted on or for the benefit of the Base by the De-
partment, jointly with the Community, the State, or
any private entity, or any combination thereof.
(7) The term ‘‘Project Fund’’ means the Base Ef-
ficiency Project Fund established by subsection (h).
(8) The term ‘‘public services’’ means public
services (except public schools, fire protection, and po-
lice protection) that are funded by local and State
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taxes and provided without specific charge to the pub-
lic at large.
(9) The term ‘‘Secretary’’ means the Secretary of
the Air Force or the Secretary’s designee, who shall be
a civilian official of the Department appointed by the
President with the advice and consent of the Senate.
(10) The term ‘‘State’’ means the State of Texas.
SEC. 8159. (a) Subject to subsection (c) and except as
provided in subsection (d), the Secretary of Defense may
waive any domestic source requirement or domestic content
requirement referred to in subsection (b) and thereby au-
thorize procurements of items that are grown, reprocessed,
reused, produced, or manufactured—
(1) inside a foreign country the government of
which is a party to a reciprocal defense memorandum
of understanding that is entered into with the Sec-
retary of Defense and is in effect;
(2) inside the United States or its possessions; or
(3) inside the United States or its possessions
partly or wholly from components grown, reprocessed,
reused, produced, or manufactured outside the United
States or its possessions.
(b) For purposes of this section:
(1) A domestic source requirement is any re-
quirement under law that the Department of Defense
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must satisfy its needs for an item by procuring an
item that is grown, reprocessed, reused, produced, or
manufactured in the United States, its possessions, or
a part of the national technology and industrial base.
(2) A domestic content requirement is any re-
quirement under law that the Department must sat-
isfy its needs for an item by procuring an item pro-
duced or manufactured partly or wholly from compo-
nents grown, reprocessed, reused, produced, or manu-
factured in the United States or its possessions.
(c) The authority to waive a requirement under sub-
section (a) applies to procurements of items if the Secretary
of Defense first determines that—
(1) the application of the requirement to pro-
curements of those items would impede the reciprocal
procurement of defense items under a memorandum of
understanding providing for reciprocal procurement
of defense items that is entered into between the De-
partment of Defense and a foreign country in accord-
ance with section 2531 of title 10, United States
Code;
(2) the foreign country does not discriminate
against items produced in the United States to a
greater degree than the United States discriminates
against items produced in that country; and
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(3) one or more of the conditions set forth in sec-
tion 2534(d) of title 10, United States Code, exists
with respect to the procurement.
(d) LAWS NOT WAIVED.—The Secretary of Defense
may not exercise the authority under subsection (a) to
waive any of the following laws:
(1) The Small Business Act.
(2) The Javits-Wagner-O’Day Act (41 U.S.C.
46–48c).
(3) Sections 7309 and 7310 of title 10, United
States Code, with respect to ships in Federal Supply
Class 1905.
(4) Section 9005 of Public Law 102–396 (10
U.S.C. 2241 note), with respect to articles or items of
textiles, apparel, shoe findings, tents, and flags listed
in Federal Supply Classes 8305, 8310, 8315, 8320,
8335, 8340, and 8345 and articles or items of cloth-
ing, footware, individual equipment, and insignia
listed in Federal Supply Classes 8405, 8410, 8415,
8420, 8425, 8430, 8435, 8440, 8445, 8450, 8455,
8465, 8470, and 8475.
(e) RELATIONSHIP TO OTHER WAIVER AUTHORITY.—
The authority under subsection (a) to waive a domestic
source requirement or domestic content requirement is in
addition to any other authority to waive such requirement.
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SEC. 8160. In addition to funds appropriated else-
where in this Act, the amount appropriated in title III of
this Act under the heading ‘‘AIRCRAFT PROCUREMENT, AIR
FORCE’’ is hereby increased by $220,000,000 only to pro-
cure four (4) F–15E aircraft: Provided, That the amount
provided in title IV of this Act under the heading ‘‘RE-
SEARCH, DEVELOPMENT, TEST, AND EVALUATION, DE-
FENSE-WIDE’’ is hereby reduced by $50,000,000 to reduce
the total amount available for National Missile Defense:
Provided further, That the amount provided in title III of
this Act under the heading ‘‘NATIONAL GUARD AND RE-
SERVE EQUIPMENT’’ is hereby reduced by $50,000,000 on
a pro-rata basis: Provided further, That the amount pro-
vided in title III of this Act under the heading ‘‘AIRCRAFT
PROCUREMENT, AIR
FORCE’’ is hereby reduced by
$70,000,000 to reduce the total amount available for Spares
and Repair Parts: Provided further, That the amount pro-
vided in title III of this Act under the heading ‘‘AIRCRAFT
PROCUREMENT, NAVY’’ is hereby reduced by $50,000,000 to
reduce the total amount available for Spares and Repair
Parts.
SEC. 8161. (a) FINDINGS.—Congress makes the fol-
lowing findings—
(1) on June 25, 1996, a bomb detonated not
more than 80 feet from the Air Force housing complex
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known as Khobar Towers in Dhahran, Saudi Arabia,
killing 19 members of the Air Force, and injuring
hundreds more;
(2) an FBI investigation of the bombing, soon to
enter its fourth year, has not yet determined who was
responsible for the attack; and
(3) the Senate in Senate Resolution 273 in the
One Hundred Fourth Congress condemned this ter-
rorist attack in the strongest terms and urged the
United States Government to use all reasonable
means available to the Government of the United
States to punish the parties responsible for the bomb-
ings.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the United States Government must continue
its investigation into the Khobar Towers bombing
until every terrorist involved is identified, held ac-
countable, and punished;
(2) the FBI, together with the Department of
State, should report to Congress no later than Decem-
ber 31, 1999, on the status of its investigation into
the Khobar Towers bombing; and
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(3) once responsibility for the attack has been es-
tablished the United States Government must take
steps to punish the parties involved.
TITLE IX
MILITARY LAND WITHDRAWALS
CHAPTER 1
RENEWAL OF MILITARY LAND WITHDRAWALS
SEC. 9001. SHORT TITLE. This chapter may be cited
as the ‘‘Military Lands Withdrawal Renewal Act of 1999’’.
SEC. 9002. WITHDRAWALS. (a) MCGREGOR RANGE.—
(1) Subject to valid existing rights and except as otherwise
provided in this chapter, the public lands described in para-
graph (3) are hereby withdrawn from all forms of appro-
priation under the public land laws (including the mining
laws and the mineral leasing and the geothermal leasing
laws).
(2) Such lands are reserved for use by the Secretary
of the Army—
(A) for training and weapons testing; and
(B) subject to the requirements of section 9004(f),
for other defense-related purposes consistent with the
purposes specified in this paragraph.
(3) The lands referred to in paragraph (1) are the
lands comprising approximately 608,384.87 acres in Otero
County, New Mexico, as generally depicted on the map enti-
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tled ‘‘McGregor Range Withdrawal—Proposed’’, dated Jan-
uary 1985, and withdrawn by the provisions of section 1(d)
of the Military Lands Withdrawal Act of 1986. Such lands
do not include any portion of the lands so withdrawn that
were relinquished to the Secretary of the Interior under the
provisions of that Act.
(4) Any of the public lands withdrawn under para-
graph (1) which, as of the date of the enactment of this
Act, are managed pursuant to section 603 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782)
shall continue to be managed under that section until other-
wise expressly provided by law.
(b) FORT
GREELY
MANEUVER
AREA
AND
FORT
GREELY AIR DROP ZONE.—(1) Subject to valid existing
rights and except as otherwise provided in this chapter, the
lands described in paragraph (3) are hereby withdrawn
from all forms of appropriation under the public land laws
(including the mining laws and the mineral leasing and
the geothermal leasing laws), under the Act entitled ‘‘An
Act to provide for the admission of the State of Alaska into
the Union’’, approved July 7, 1958 (48 U.S.C. note prec.
21), and under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.).
(2) Such lands are reserved for use by the Secretary
of the Army for—
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(A) military maneuvering, training, and equip-
ment development and testing; and
(B) subject to the requirements of section 9004(f),
other defense-related purposes consistent with the pur-
poses specified in this paragraph.
(3)(A) The lands referred to in paragraph (1) are—
(i) the lands comprising approximately 571,995
acres in the Big Delta Area, Alaska, as generally de-
picted on the map entitled ‘‘Fort Greely Maneuver
Area Withdrawal—Proposed’’, dated January 1985,
and withdrawn by the provisions of section 1(e) of the
Military Lands Withdrawal Act of 1986; and
(ii) the lands comprising approximately 51,590
acres in the Granite Creek Area, Alaska, as generally
depicted on the map entitled ‘‘Fort Greely, Air Drop
Zone Withdrawal—Proposed’’, dated January 1985,
and withdrawn by the provisions of such section.
(B) Such lands do not include any portion of the lands
so withdrawn that were relinquished to the Secretary of the
Interior under the provisions of that Act.
(c) FORT WAINWRIGHT MANEUVER AREA.—(1) Sub-
ject to valid existing rights and except as otherwise provided
in this chapter, the public lands described in paragraph
(3) are hereby withdrawn from all forms of appropriation
under the public land laws (including the mining laws and
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the mineral leasing and the geothermal leasing laws), under
the Act entitled ‘‘An Act to provide for the admission of
the State of Alaska into the Union’’, approved July 7, 1958
(48 U.S.C. note prec. 21), and under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
(2) Such lands are reserved for use by the Secretary
of the Army for—
(A) military maneuvering;
(B) training for artillery firing, aerial gunnery,
and infantry tactics; and
(C) subject to the requirements of section 9004(f),
other defense-related purposes consistent with the pur-
poses specified in this paragraph.
(3) The lands referred to in paragraph (1) are the
lands comprising approximately 247,951.67 acres of land
in the Fourth Judicial District, Alaska, as generally de-
picted on the map entitled ‘‘Fort Wainwright Maneuver
Area Withdrawal—Proposed’’, dated January 1985, and
withdrawn by the provisions of section 1(f) of the Military
Lands Withdrawal Act of 1986. Such lands do not include
any portion of the lands so withdrawn that were relin-
quished to the Secretary of the Interior under the provisions
of that Act.
SEC. 9003. MAPS AND LEGAL DESCRIPTIONS. (a) PUB-
LICATION AND FILING REQUIREMENT.—As soon as prac-
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ticable after the date of the enactment of this Act, the Sec-
retary of the Interior shall—
(1) publish in the Federal Register a notice con-
taining the legal description of the lands withdrawn
by this chapter; and
(2) file maps and the legal description of the
lands withdrawn by this chapter with the Committee
on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Rep-
resentatives.
(b) TECHNICAL CORRECTIONS.—Such maps and legal
descriptions shall have the same force and effect as if they
were included in this chapter except that the Secretary of
the Interior may correct clerical and typographical errors
in such maps and legal descriptions.
(c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies of
such maps and legal descriptions shall be available for pub-
lic inspection in the following offices:
(1) The Office of the Secretary of Defense.
(2) The offices of the Director and appropriate
State Directors of the Bureau of Land Management.
(3) The offices of the Director and appropriate
Regional Directors of the United States Fish and
Wildlife Service.
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(D) recreation; and
(E) the prevention and appropriate suppression
of brush and range fires resulting from nonmilitary
activities.
(3)(A) All nonmilitary use of the lands withdrawn by
this chapter, other than the uses described in paragraph (2),
shall be subject to such conditions and restrictions as may
be necessary to permit the military use of such lands for
the purposes specified in or authorized pursuant to this
chapter.
(B) The Secretary of the Interior may issue any lease,
easement, right-of-way, or other authorization with respect
to the nonmilitary use of such lands only with the concur-
rence of the Secretary of the military department concerned.
(b) CLOSURE TO PUBLIC.—(1) If the Secretary of the
military department concerned determines that military
operations, public safety, or national security require the
closure to public use of any road, trail, or other portion
of the lands withdrawn by this chapter, that Secretary may
take such action as that Secretary determines necessary to
effect and maintain such closure.
(2) Any such closure shall be limited to the minimum
areas and periods which the Secretary of the military de-
partment concerned determines are required to carry out
this subsection.
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(3) During any closure under this subsection, the Sec-
retary of the military department concerned shall—
(A) keep appropriate warning notices posted;
and
(B) take appropriate steps to notify the public
concerning such closures.
(c) MANAGEMENT PLAN.—(1)(A) The Secretary of the
Interior (after consultation with the Secretary of the mili-
tary department concerned) shall develop a plan for the
management of each area withdrawn by this chapter.
(2) Each plan shall—
(A) be consistent with applicable law;
(B) be subject to conditions and restrictions spec-
ified in subsection (a)(3); and
(C) include such provisions as may be necessary
for proper management and protection of the re-
sources and values of such areas.
(3) The Secretary of the Interior shall develop each
plan required by this subsection not later than three years
after the date of the enactment of this Act. In developing
a plan for an area, the Secretary may utilize or modify
appropriate provisions of the management plan developed
for the area under section 3(c) of the Military Lands With-
drawal Act of 1986.
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(d) BRUSH AND RANGE FIRES.—(1) The Secretary of
the military department concerned shall take necessary pre-
cautions to prevent and suppress brush and range fires oc-
curring within and outside the lands withdrawn by this
chapter as a result of military activities and may seek as-
sistance from the Bureau of Land Management in the sup-
pression of such fires.
(2) Each memorandum of understanding required by
subsection (e) shall provide for Bureau of Land Manage-
ment assistance in the suppression of fires referred to in
paragraph (1) in the area covered by the memorandum of
understanding, and for a transfer of funds from the mili-
tary department concerned to the Bureau of Land Manage-
ment as compensation for such assistance.
(e) MEMORANDUM OF UNDERSTANDING.—(1) The Sec-
retary of the Interior and the Secretary of the military de-
partment concerned shall (with respect to each area with-
drawn by section 9002) enter into a memorandum of under-
standing to implement the management plan developed
under subsection (c).
(2) Each memorandum of understanding shall provide
that the Director of the Bureau of Land Management shall
provide assistance in the suppression of fires resulting from
the military use of lands withdrawn by this chapter if re-
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quested by the Secretary of the military department con-
cerned.
(f) ADDITIONAL MILITARY USES.—(1) The lands with-
drawn by this chapter may be used for defense-related uses
other than those specified in the applicable provision of sec-
tion 9002. The use of such lands for such purposes shall
be governed by all laws applicable to such lands, including
this chapter.
(2)(A) The Secretary of Defense shall promptly notify
the Secretary of the Interior in the event that the lands
withdrawn by this chapter will be used for defense-related
purposes other than those specified in section 9002.
(B) Such notification shall indicate the additional use
or uses involved, the proposed duration of such uses, and
the extent to which such additional military uses of the
lands will require that additional or more stringent condi-
tions or restrictions be imposed on otherwise-permitted non-
military uses of the land or portions thereof.
(3) Subject to valid existing rights, the Secretary of
the military department concerned may utilize sand, grav-
el, or similar mineral or material resources on the lands
withdrawn by this chapter when the use of such resources
is required to meet the construction needs of the military
department concerned on the lands withdrawn by this chap-
ter.
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SEC. 9005. LAND MANAGEMENT ANALYSIS. (a) PERI-
ODIC ANALYSIS REQUIRED.—Not later than 10 years after
the date of the enactment of this Act, and every 10 years
thereafter, the Secretary of the military department con-
cerned shall, in consultation with the Secretary of the Inte-
rior, conduct an analysis of the degree to which the manage-
ment of the lands withdrawn by this chapter conforms to
the requirements of laws applicable to the management of
such lands, including this chapter.
(b) DEADLINE.—Each analysis under this section shall
be completed not later than 270 days after the commence-
ment of such analysis.
(c) LIMITATION ON COST.—The cost of each analysis
under this section may not exceed $900,000 in constant
1999 dollars.
(d) REPORT.—Not later than 90 days after the date
of the completion of an analysis under this section, the Sec-
retary of the military department concerned shall submit
to Congress a report on the analysis. The report shall set
forth the results of the analysis and include any other mat-
ters relating to the management of the lands withdrawn by
this chapter that such Secretary considers appropriate.
SEC. 9006. ONGOING ENVIRONMENTAL RESTORATION.
(a) REQUIREMENT.—To the extent provided in advance in
appropriations Acts, the Secretary of the military depart-
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ment concerned shall carry out a program to provide for
the environmental restoration of the lands withdrawn by
this chapter in order to ensure a level of environmental de-
contamination of such lands equivalent to the level of envi-
ronmental decontamination that exists on such lands as of
the date of the enactment of this Act.
(b) REPORTS.—(1) At the same time the President sub-
mits to Congress the budget for any fiscal year after fiscal
year 2000, the Secretary of the military department con-
cerned shall submit to the committees referred to in para-
graph (2) a report on environmental restoration activities
relating to the lands withdrawn by this chapter. The report
shall satisfy the requirements of section 2706(a) of title 10,
United States Code, with respect to the activities on such
lands.
(2) The committees referred to in paragraph (1) are
the Committees on Appropriations, Armed Services, and
Energy and Natural Resources of the Senate and the Com-
mittees on Appropriations, Armed Services, and Resources
of the House of Representatives.
SEC. 9007. RELINQUISHMENT. (a) AUTHORITY.—The
Secretary of the military department concerned may relin-
quish all or any of the lands withdrawn by this chapter
to the Secretary of the Interior.
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(b) NOTICE.—If the Secretary of the military depart-
ment concerned determines to relinquish any lands with-
drawn by this chapter under subsection (a), that Secretary
shall transmit to the Secretary of the Interior a notice of
intent to relinquish such lands.
(c) DETERMINATION OF CONTAMINATION.—(1) Before
transmitting a notice of intent to relinquish any lands
under subsection (b), the Secretary of Defense, acting
through the military department concerned, shall determine
whether and to what extent such lands are contaminated
with explosive, toxic, or other hazardous materials.
(2) A copy of a determination with respect to any
lands under paragraph (1) shall be transmitted to the Sec-
retary of the Interior together with the notice of intent to
relinquish such lands under subsection (b).
(3) Copies of both the notice of intent to relinquish
lands under subsection (b) and the determination regarding
the contamination of such lands under this subsection shall
be published in the Federal Register by the Secretary of the
Interior.
(d) DECONTAMINATION.—(1) If any land subject to a
notice of intent to relinquish under subsection (a) is con-
taminated, and the Secretary of the Interior, in consulta-
tion with the Secretary of the military department con-
cerned, makes the determination described in paragraph
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(2), the Secretary of the military department concerned
shall, to the extent provided in advance in appropriations
Acts, undertake the environmental decontamination of the
land.
(2) A determination referred to in this paragraph is
a determination that—
(A) decontamination of the land concerned is
practicable and economically feasible (taking into
consideration the potential future use and value of the
land); and
(B) upon decontamination, the land could be
opened to operation of some or all of the public land
laws, including the mining laws.
(e) ALTERNATIVES.—(1) If a circumstance described
in paragraph (2) arises with respect to any land which is
covered by a notice of intent to relinquish under subsection
(a), the Secretary of the Interior shall not be required to
accept the land under this section.
(2) A circumstance referred to in this paragraph is—
(A) a determination by the Secretary of the Inte-
rior, in consultation with the Secretary of the mili-
tary department concerned that—
(i) decontamination of the land is not prac-
ticable or economically feasible; or
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(ii) the land cannot be decontaminated to a
sufficient extent to permit its opening to the op-
eration of some or all of the public land laws; or
(B) the appropriation by Congress of amounts
that are insufficient to provide for the decontamina-
tion of the land.
(f) STATUS OF CONTAMINATED LANDS.—If, because of
their contaminated state, the Secretary of the Interior de-
clines to accept jurisdiction over lands withdrawn by this
chapter which have been proposed for relinquishment under
subsection (a)—
(1) the Secretary of the military department con-
cerned shall take appropriate steps to warn the public
of the contaminated state of such lands and any risks
associated with entry onto such lands; and
(2) the Secretary of the military department con-
cerned shall report to the Secretary of the Interior
and to Congress concerning the status of such lands
and all actions taken in furtherance of this sub-
section.
(g) REVOCATION
OF
AUTHORITY.—(1) Notwith-
standing any other provision of law, the Secretary of the
Interior may, upon deciding that it is in the public interest
to accept jurisdiction over lands proposed for relinquish-
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ment pursuant to subsection (a), revoke the withdrawal es-
tablished by this chapter as it applies to such lands.
(2) Should the decision be made to revoke the with-
drawal, the Secretary of the Interior shall publish in the
Federal Register an appropriate order which shall—
(A) terminate the withdrawal;
(B) constitute official acceptance of full jurisdic-
tion over the lands by the Secretary of the Interior;
and
(C) state the date upon which the lands will be
opened to the operation of some or all of the public
lands laws, including the mining laws.
(h) 
TREATMENT
OF
CERTAIN
RELINQUISHED
LANDS.—Any lands withdrawn by section 9002(b) or
9002(c) that are relinquished under this section shall be
public lands under the jurisdiction of the Bureau of Land
Management and shall be consider vacant, unreserved, and
unappropriated for purposes of the public land laws.
SEC. 9008. DELEGABILITY. (a) DEFENSE.—The func-
tions of the Secretary of Defense or of the Secretary of a
military department under this chapter may be delegated.
(b) INTERIOR.—The functions of the Secretary of the
Interior under this chapter may be delegated, except that
an order described in section 9007(g) may be approved and
signed only by the Secretary of the Interior, the Under Sec-
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retary of the Interior, or an Assistant Secretary of the Inte-
rior.
SEC. 9009. WATER RIGHTS. Nothing in this chapter
shall be construed to establish a reservation to the United
States with respect to any water or water right on the lands
described in section 9002. No provision of this chapter shall
be construed as authorizing the appropriation of water on
lands described in section 9002 by the United States after
the date of the enactment of this Act except in accordance
with the law of the relevant State in which lands described
in section 9002 are located. This section shall not be con-
strued to affect water rights acquired by the United States
before the date of the enactment of this Act.
SEC. 9010. HUNTING, FISHING, AND TRAPPING. All
hunting, fishing, and trapping on the lands withdrawn by
this chapter shall be conducted in accordance with the pro-
visions of section 2671 of title 10, United States Code.
SEC. 9011. MINING AND MINERAL LEASING. (a) DE-
TERMINATION OF LANDS SUITABLE FOR OPENING.—(1) As
soon as practicable after the date of the enactment of this
Act and at least every five years thereafter, the Secretary
of the Interior shall determine, with the concurrence of the
Secretary of the military department concerned, which pub-
lic and acquired lands (except as provided in this sub-
section) described in subsections (a), (b), and (c) of section
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9002 the Secretary of the Interior considers suitable for
opening to the operation of the Mining Law of 1872, the
Mineral Lands Leasing Act of 1920, the Mineral Leasing
Act for Acquired Lands of 1947, the Geothermal Steam Act
of 1970, or any one or more of such Acts.
(2) The Secretary of the Interior shall publish a notice
in the Federal Register listing the lands determined suitable
for opening pursuant to this section and specifying the
opening date.
(b) OPENING LANDS.—On the day specified by the Sec-
retary of the Interior in a notice published in the Federal
Register pursuant to subsection (a), the land identified
under subsection (a) as suitable for opening to the operation
of one or more of the laws specified in subsection (a) shall
automatically be open to the operation of such laws without
the necessity for further action by the Secretary or Congress.
(c) EXCEPTION FOR COMMON VARIETIES.—No deposit
of minerals or materials of the types identified by section
3 of the Act of July 23, 1955 (69 Stat. 367), whether or
not included in the term ‘‘common varieties’’ in that Act,
shall be subject to location under the Mining Law of 1872
on lands described in section 9002.
(d) REGULATIONS.—(1) The Secretary of the Interior,
with the advice and concurrence of the Secretary of the mili-
tary department concerned, shall prescribe such regulations
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to implement this section as may be necessary to assure
safe, uninterrupted, and unimpeded use of the lands de-
scribed in section 9002 for military purposes.
(2) Such regulations shall contain guidelines to assist
mining claimants in determining how much, if any, of the
surface of any lands opened pursuant to this section may
be used for purposes incident to mining.
(e) CLOSURE OF MINING LANDS.—In the event of a
national emergency or for purposes of national defense or
security, the Secretary of the Interior, at the request of the
Secretary of the military department concerned, shall close
any lands that have been opened to mining or to mineral
or geothermal leasing pursuant to this section.
(f) LAWS
GOVERNING
MINING
ON
WITHDRAWN
LANDS.—(1) Except as otherwise provided in this chapter,
mining claims located pursuant to this chapter shall be sub-
ject to the provisions of the mining laws. In the event of
a conflict between those laws and this chapter, this chapter
shall prevail.
(2) All mining claims located under the terms of this
chapter shall be subject to the provisions of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.).
(g) PATENTS.—(1) Patents issued pursuant to this
chapter for locatable minerals shall convey title to locatable