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the public private venture following conclusion of the 
contract. Issues covered by this reporting require-
ment include project oversight requirements, com-
munity, subcontractor, bond holder, and project 
owner relations, and such other topics that are iden-
tified as pertinent by the Department of Defense.’’. 
Subtitle B—Real Property and 
Facilities Administration 
SEC. 2811. CLARIFICATION OF EXCEPTIONS TO CONGRES-
SIONAL 
REPORTING 
REQUIREMENTS 
FOR 
CERTAIN REAL PROPERTY TRANSACTIONS. 
Section 2662(c) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘river and harbor projects or 
flood control projects’’ and inserting ‘‘Army civil 
works water resource development projects’’; and 
(2) by striking ‘‘acquisition specifically author-
ized in a Military Construction Authorization Act’’ 
and inserting ‘‘transaction specifically authorized in 
a Military Construction Authorization Act or other 
Act authorizing or directing activities of the Depart-
ment of Defense’’. 
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SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY 
OF MILITARY DEPARTMENTS AND DEFENSE 
AGENCIES. 
(a) CONSOLIDATION OF SEPARATE AUTHORITIES.— 
(1) ESTABLISHMENT OF SINGLE AUTHORITY.— 
Subsection (a) of section 2667 of title 10, United 
States Code, is amended to read as follows: 
‘‘(a) LEASE AUTHORITY.—Whenever the Secretary 
concerned considers it advantageous to the United States, 
the Secretary concerned may lease to such lessee and upon 
such terms as the Secretary concerned considers will pro-
mote the national defense or to be in the public interest, 
real or personal property that— 
‘‘(1) is under the control of the Secretary con-
cerned; 
‘‘(2) is not for the time needed for public use; 
and 
‘‘(3) is not excess property, as defined by sec-
tion 102 of title 40.’’. 
(2) SECRETARY
CONCERNED
DEFINED.—Sub-
section (i) of such section is amended by adding at 
the end the following new paragraph: 
‘‘(4) The term ‘Secretary concerned’ means— 
‘‘(A) the Secretary of a military depart-
ment, with respect to matters concerning that 
military department; and 
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‘‘(B) the Secretary of Defense, with re-
spect to matters concerning the Defense Agen-
cies.’’. 
(b) LIMITATION
ON DURATION
OF LEASE.—Sub-
section (b)(1) of such section is amended by inserting ‘‘, 
but not to exceed 50 years,’’ after ‘‘longer period’’. 
(c) PROHIBITION ON LEASEBACK WITH EXCESSIVE 
ANNUAL PAYMENTS.—Subsection (b) of such section is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(5); 
(2) by striking the period at the end of para-
graph (6) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(7) may not provide for a leaseback by the 
Secretary concerned with an annual payment in ex-
cess of $500,000.’’. 
(d) IMPROVED CONGRESSIONAL NOTIFICATION RE-
QUIREMENTS.—Paragraph (4) of subsection (c) of such 
section is amended to read as follows: 
‘‘(4)(A) Not later than 30 days before issuing a con-
tract solicitation or other lease offering under this section 
for a lease whose annual payment, including any in-kind 
consideration to be accepted under subsection (b)(5) or 
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this subsection, will exceed $500,000, the Secretary con-
cerned shall submit to the congressional defense commit-
tees a report containing— 
‘‘(i) a description of the proposed lease, includ-
ing the proposed duration of the lease; 
‘‘(ii) a description of the authorities to be used 
in entering the lease and the intended participation 
of the United States in the lease, including a jus-
tification of the intended method of participation; 
‘‘(iii) a statement of the scored cost of the 
lease, determined using the scoring criteria of the 
Office of Management and Budget; 
‘‘(iv) a determination that the property involved 
in the lease is not excess property, as required by 
subsection (a)(3), including the basis for the deter-
mination; and 
‘‘(v) a determination that the lease is directly 
compatible with the mission of the military installa-
tion or Defense Agency whose property is to be sub-
ject to the lease and the anticipated long-term use 
of the property at the conclusion of the lease. 
‘‘(B) In the case of a lease described in subparagraph 
(A), the Secretary concerned also shall submit to the con-
gressional defense committees a report at least 30 days 
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before the date on which the Secretary concerned enters 
into a lease the following information: 
‘‘(i) A copy of the report submitted under sub-
paragraph (A). 
‘‘(ii) A description of the differences between 
the report submitted under that subparagraph and 
the new report. 
‘‘(iii) A description of the agreement reached 
with the local municipality on taxation issues and 
other development issues related to the proposed 
project, including payments-in-lieu-of taxes. 
‘‘(iv) A description of the lessee payment re-
quired under this section.’’. 
(e) PROHIBITION ON ACCEPTANCE OF IN-KIND TO 
SUPPORT CERTAIN MWR PROJECTS.—Subsection (c) of 
such section is amended by adding at the end the following 
new paragraph: 
‘‘(5) The Secretary concerned may not accept in-kind 
consideration under paragraph (1) with respect to a lease 
under this section to support the development of a project 
for a nonappropriated fund activity of the Department of 
Defense conducted for the morale, welfare, and recreation 
of members of the armed forces if the revenues estimated 
to be generated from the resulting facility would generally 
cover the operating expenses of the facility.’’. 
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(f) CONFORMING AMENDMENTS TO REFERENCES TO 
MILITARY DEPARTMENTS AND INSTALLATIONS.— 
(1) COMMUNITY
SUPPORT
FACILITIES
AND 
COMMUNITY SUPPORT SERVICES.—Subsection (d) of 
such section is amended— 
(A) in paragraph (2), by striking ‘‘Sec-
retary of a military department’’ and inserting 
‘‘Secretary concerned’’; and 
(B) in paragraphs (3), (4), and (6), by 
striking ‘‘of the military department’’ each 
place it appears. 
(2) DEPOSIT
AND
USE
OF
PROCEEDS.—Sub-
section (e) of such section is amended— 
(A) in paragraph (1)(A)— 
(i) in the matter preceding clause 
(i)— 
(I) by striking ‘‘Secretary of a 
military department’’ and inserting 
‘‘Secretary concerned’’; and 
(II) by striking ‘‘such military 
department’’ and inserting ‘‘that Sec-
retary’’; 
(ii) in clause (iii), by striking ‘‘mili-
tary department’’ and inserting ‘‘Sec-
retary’’; 
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(B) in paragraph (1)(B)(i), by striking 
‘‘Secretary of a military department’’ and in-
serting ‘‘Secretary concerned’’; 
(C) in paragraph (1)(C), by striking ‘‘of a 
military department pursuant to subparagraph 
(A) shall be available to the Secretary of that 
military department’’ and inserting ‘‘established 
for the Secretary concerned shall be available to 
the Secretary’’; 
(D) in paragraph (1)(D)— 
(i) by striking ‘‘of a military depart-
ment under subparagraph (A)’’ and insert-
ing ‘‘established for the Secretary con-
cerned’’; and 
(ii) by inserting ‘‘or Defense Agency 
location’’ after ‘‘military installation’’; 
(E) in paragraph (1)(E), by striking ‘‘in-
stallation’’ and inserting ‘‘military installation 
or Defense Agency location’’; and 
(F) in paragraph (3), by striking ‘‘Sec-
retary of a military department’’ and inserting 
‘‘Secretary concerned’’. 
(3) BASE
CLOSURE
PROPERTY.—Subsection 
(g)(1) of such section is amended by striking ‘‘Sec-
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retary of a military department’’ and inserting ‘‘Sec-
retary concerned’’. 
(g) REPEAL OF SEPARATE DEFENSE AGENCY AU-
THORITY.— 
(1) REPEAL.—Section 2667a of such title is re-
pealed. 
(2) EFFECT
ON
EXISTING
CONTRACTS.—The 
repeal of section 2667a of title 10, United States 
Code, shall not affect the validity or terms of any 
lease with respect to property of a Defense Agency 
entered into by the Secretary of Defense under such 
section before the date of the enactment of this Act. 
(3) TREATMENT OF MONEY RENTS.—Amounts 
in any special account established for a Defense 
Agency pursuant to subsection (d) of section 2667a 
of title 10, United States Code, before repeal of such 
section by paragraph (1), and amounts that would 
be deposited in such an account in connection with 
a lease referred to in paragraph (2), shall— 
(A) remain available until expended for the 
purposes specified in such subsection, notwith-
standing the repeal of such section by para-
graph (1); or 
(B) to the extent provided in appropria-
tions Acts, be transferred to the special account 
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required for the Secretary of Defense by sub-
section (e) of section 2667 of such title, as 
amended by subsection (f)(2) of this section. 
(h) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
2667 of such title is amended to read as follows: 
‘‘§ 2667. Leases: non-excess property of military de-
partments and Defense Agencies’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 159 of such title is 
amended by striking the items relating to sections 
2667 and 2667a and inserting the following new 
item: 
‘‘2667. Leases: non-excess property of military departments and Defense Agen-
cies.’’. 
SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEY-
ANCE AUTHORITY. 
(a) CONVEYANCE OF UTILITY SYSTEM INFRASTRUC-
TURE.—Section 2688 of title 10, United States Code, is 
amended— 
(1) by redesignating subsections (i) and (j) as 
subsections (j) and (k), respectively; and 
(2) by inserting after subsection (h) the fol-
lowing new subsection (i): 
‘‘(i) CONVEYANCE
OF UTILITY INFRASTRUCTURE 
AFTER PRIVATIZATION OF UTILITY SYSTEM.—(1) The 
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Secretary concerned may convey all right, title, and inter-
est of the United States, or such lesser estate as the Sec-
retary considers appropriate, in and to utility system in-
frastructure under the jurisdiction of the Secretary to the 
entity to which a utility system has been conveyed under 
subsection (a) if the infrastructure will be used as part 
of the utility system. 
‘‘(2) In making a conveyance under paragraph (1), 
the Secretary concerned may use other than competitive 
procedures. As consideration for the conveyance, the Sec-
retary concerned shall receive an amount equal to the fair 
market value of the conveyed utility infrastructure, deter-
mined in the same manner as the consideration the Sec-
retary could require under subsection (c) for the convey-
ance of a utility system under subsection (a).’’. 
(b) ASSISTANCE FOR CONSTRUCTION, REPAIR, OR 
REPLACEMENT
OF
UTILITY
INFRASTRUCTURE.—Sub-
section (h) of such section is amended— 
(1) in the subsection heading, by striking ‘‘SYS-
TEMS.—’’ and inserting ‘‘SYSTEMS OR INFRASTRUC-
TURE.—(1)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) In lieu of carrying out a military construction 
project to construct, repair, or replace utility infrastruc-
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ture to be used with a utility system conveyed under sub-
section (a), the Secretary concerned may provide, from 
amounts authorized and appropriated for the project for 
fiscal year 2009 or subsequent fiscal years, funds to the 
entity to which the utility system has been conveyed for 
use by the entity to construct, repair, or replace the utility 
infrastructure if the infrastructure will be used as part 
of the utility system. As consideration for the provision 
of such funds, the Secretary may require a reduction in 
charges for utility services in the same manner as a reduc-
tion in charges may be required under subsection (c) for 
the conveyance of a utility system under subsection (a).’’. 
SEC. 2814. PERMANENT AUTHORITY TO PURCHASE MUNIC-
IPAL SERVICES FOR MILITARY INSTALLA-
TIONS IN THE UNITED STATES. 
(a) PERMANENT AUTHORITY.—Chapter 146 of title 
10, United States Code, is amended by inserting after sec-
tion 2465 the following new section: 
‘‘§ 2465a. Contracts for procurement of municipal 
services for military installations in the 
United States 
‘‘(a) CONTRACT AUTHORITY.—Subject to section 
2465 of this title, the Secretary a military department 
may enter into a contract for the procurement of munic-
ipal services described in subsection (b) for a military in-
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stallation in the United States under the jurisdiction of 
the Secretary from a county or municipal government for 
the geographic area in which the installation is located. 
‘‘(b) COVERED MUNICIPAL SERVICES.—Only the fol-
lowing municipal services may be procured for a military 
installation under the authority of this section: 
‘‘(1) Refuse collection. 
‘‘(2) Refuse disposal. 
‘‘(c) 
EXCEPTION
FROM
COMPETITIVE
PROCE-
DURES.—The Secretary may enter in a contract under 
subsection (a) using procedures other than competitive 
procedures if— 
‘‘(1) the term of the proposed contract does not 
exceed five years; 
‘‘(2) the Secretary determines that the price for 
the municipal services to be provided under the con-
tract is fair and reasonable and represents the least 
cost to the Federal Government; and 
‘‘(3) the business case supporting the Sec-
retary’s determination under paragraph (2)— 
‘‘(A) describes the availability, benefits, 
and drawbacks of alternative sources; and 
‘‘(B) establishes that performance by the 
county or municipal government will not in-
crease costs to the Federal government, when 
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compared to the cost of continued performance 
by the current provider of the services. 
‘‘(d) LIMITATION ON DELEGATION.—The authority 
to make the determination described in subsection (c)(2) 
may not be delegated to a level lower than a Deputy As-
sistant Secretary for Installations and Environment or an-
other official of the Department of Defense at an equiva-
lent level. 
‘‘(e) CONGRESSIONAL
NOTIFICATION.—The Sec-
retary may not enter into a contract under subsection (a) 
for the procurement of municipal services until the Sec-
retary notifies the congressional defense committees of the 
proposed contract and a period of 14 days elapses from 
the date the notification is received by the committees. 
The notification shall include a summary of the business 
case and an explanation of how the adverse impact, if any, 
on civilian employees of the Department will be minimized. 
‘‘(f) GUIDANCE.—The Secretary of Defense shall 
issue guidance to address the implementation of this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2465 the following new 
item: 
‘‘2465a. Contracts for purchase of municipal services for military installations 
in the United States.’’. 
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(c) TERMINATION OF PILOT PROGRAM.—Section 325 
of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 
2461 note) is repealed. The repeal of such section shall 
not affect the terms or validity of any contract entered 
into before the date of the enactment of this Act under 
the pilot program authorized by such section. 
SEC. 2815. DEFENSE ACCESS ROADS. 
(a) BASIS FOR TRANSPORTATION NEEDS ASSESS-
MENT.—Section 210(a) of title 23, United States Code, 
is amended— 
(1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) If it is determined that an action of the Depart-
ment of Defense will cause a significant transportation im-
pact to access to a military reservation, the Secretary of 
Defense shall conduct a transportation needs assessment 
to assess the magnitude of the improvement required to 
address the impact.’’. 
(b) REPORT ON RECENTLY IDENTIFIED TRANSPOR-
TATION IMPACTS.—Not later than April 1, 2009, the Sec-
retary of Defense shall submit to the congressional defense 
committees and the Committee on Transportation and In-
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frastructure of the House of Representatives a report that 
details the significant transportation impacts resulting 
from actions of the Department of Defense since January 
1, 2005. In the report, the Secretary shall assess the fund-
ing requirements necessary to address transportation 
needs resulting from these significant transportation im-
pacts. 
SEC. 2816. PROTECTING PRIVATE PROPERTY RIGHTS DUR-
ING DEPARTMENT OF DEFENSE LAND ACQUI-
SITIONS. 
(a) PROTECTION OF PRIVATE PROPERTY.—The Sec-
retary of Defense and the Secretaries of the military de-
partments shall make every reasonable effort to acquire 
real property expeditiously by negotiation. Real property 
offered shall meet the requirements of Secretary-approved 
real property acquisition plans. 
(b) WILLING SELLERS.—The Secretary of Defense or 
the Secretary of a military department shall not be pre-
cluded from acquiring real property from willing sellers 
so long as the real property offered meet the requirements 
of Secretary-approved real property acquisition plans. 
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Subtitle C—Provisions Related to 
Guam Realignment 
SEC. 2821. GUAM DEFENSE POLICY REVIEW INITIATIVE AC-
COUNT. 
(a) ESTABLISHMENT OF ACCOUNT.—There is estab-
lished on the books of the Treasury an account to be 
known as the ‘‘Guam Defense Policy Review Initiative Ac-
count’’ (in this section referred to as the ‘‘account’’). 
(b) CREDITS TO ACCOUNT.— 
(1) AMOUNTS IN FUND.—There shall be cred-
ited to the account all contributions received during 
fiscal year 2009 and subsequent fiscal years under 
section 2350k of title 10, United States Code, for 
the realignment of military installations and the re-
location of military personnel on Guam. 
(2) NOTICE OF RECEIPT OF CONTRIBUTIONS.— 
The Secretary of Defense shall submit to the con-
gressional defense committees written notice of the 
receipt of contributions referred to in paragraph (1), 
including the amount of the contributions, not later 
than 30 days after receiving the contributions. 
(c) USE OF ACCOUNT.— 
(1) AUTHORIZED USES.—Subject to paragraph 
(2), to the extent provided in advance in appropria-
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tions Acts, amounts in the account may be used as 
follows: 
(A) To carry out or facilitate the carrying 
out of a transaction authorized by this section 
in connection with the realignment of military 
installations and the relocation of military per-
sonnel on Guam, including military construc-
tion, military family housing, unaccompanied 
housing, general facilities constructions for mili-
tary forces, and utilities improvements. 
(B) To carry out improvements of property 
or facilities on Guam as part of such a trans-
action. 
(C) To obtain property support services for 
property or facilities on Guam resulting from 
such a transaction. 
(D) To develop military facilities or train-
ing ranges in the Commonwealth of the North-
ern Mariana Islands. 
(2) COMPLIANCE WITH GUAM MASTER PLAN.— 
Transactions authorized by paragraph (1) shall be 
consistent with the Guam Master Plan, as incor-
porated in decisions made in the manner provided in 
section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). 
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(3) LIMITATION
REGARDING
MILITARY
HOUS-
ING.—To extent that the authorities provided under 
subchapter IV of chapter 169 of title 10, United 
States Code, are available to the Secretary of De-
fense, the Secretary shall use such authorities to ac-
quire, construct, or improve family housing units, 
military unaccompanied housing units, or ancillary 
supporting facilities in connection with the relocation 
of military personnel on Guam. 
(4) SPECIAL REQUIREMENTS REGARDING USE 
OF CONTRIBUTIONS.— 
(A) TREATMENT
OF
CONTRIBUTIONS.— 
Except as provided in subparagraph (C), the 
use of contributions referred to in subsection 
(b)(1) shall not subject to conditions imposed 
on the use of appropriated funds by chapter 
169 of title 10, United States Code, or con-
tained in annual military construction appro-
priations Acts. 
(B) NOTICE
OF
OBLIGATION.—Contribu-
tions referred to in subsection (b)(1) may not 
be obligated for a transaction authorized by 
paragraph (1) until the Secretary of Defense 
submits to the congressional defense committees 
notice of the transaction, including a detailed 
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cost estimate, and a period of 21 days has 
elapsed after the date on which the notification 
is received by the committees or, if earlier, a 
period of 14 days has elapsed after the date on 
which a copy of the notification is provided in 
an electronic medium. 
(C) COST
AND
SCOPE
OF
WORK
VARI-
ATIONS.—Section 2853 of title 10, United 
States Code, shall apply to the use of contribu-
tions referred to in subsection (b)(1). 
(D) COMPLIANCE WITH WAGE RATE RE-
QUIREMENTS.—Subchapter IV of chapter 31 of 
title 40, United States Code, shall apply to the 
use of contributions referred to in subsection 
(b)(1). 
(d) TRANSFER AUTHORITY.— 
(1) TRANSFER TO HOUSING FUNDS.—The Sec-
retary of Defense may transfer funds from the 
Guam Defense Policy Review Initiative Account to 
the following funds: 
(A) The Department of Defense Family 
Housing Improvement Fund established by sec-
tion 2883(a)(1) of title 10, United States Code. 
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(B) The Department of Defense Military 
Unaccompanied Housing Improvement Fund 
established by section 2883(a)(2) of such title. 
(2) 
TREATMENT
OF
TRANSFERRED 
AMOUNTS.—Amounts transferred under paragraph 
(1) to a fund referred to in that paragraph shall be 
available in accordance with the provisions of section 
2883 of title 10, United States Code for activities on 
Guam authorized under subchapter IV of chapter 
169 of such title. 
(e) REPORT REGARDING GUAM MILITARY CON-
STRUCTION.—Not later than February 15 of each year, 
the Secretary of Defense shall submit to Congress a report 
containing information on each military construction 
project included in the budget submission for the next fis-
cal year related to the realignment of military installations 
and the relocation of military personnel on Guam. The 
Secretary shall present the information in manner con-
sistent with the presentation of projects in the military 
construction accounts for each of the military departments 
in the budget submission. The report shall also include 
projects associated with the realignment of military instal-
lations and relocation of military personnel on Guam that 
are included in the future-years defense program pursuant 
to section 221 of title 10, United States Code. 
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SEC. 2822. SENSE OF CONGRESS REGARDING USE OF SPE-
CIAL 
PURPOSE 
ENTITIES 
FOR 
MILITARY 
HOUSING RELATED TO GUAM REALIGNMENT. 
(a) NATURE OF SPECIAL PURPOSE ENTITIES.—It is 
the sense of Congress that any Special Purpose Entity es-
tablished to assist in the provision of military family hous-
ing in connection with the realignment of military installa-
tions and the relocation of military personnel on Guam 
should— 
(1) be operated, to the extent practicable, in the 
manner provided for public-private ventures under 
subchapter IV of chapter 169 of title 10, United 
States Code; and 
(2) be conducted as joint ventures between Jap-
anese and United States private firms, except that 
any military family housing venture carried out by 
such a joint venture should be primarily managed by 
a United States private firm. 
(b) SCOPE OF ACTIVITIES.—It is the sense of Con-
gress that funding for such a Special Purpose Entity 
should not be limited to only utility improvements and the 
construction of military family housing in connection with 
the realignment of military installations and the relocation 
of military personnel on Guam. 
(c) UTILITY INFRASTRUCTURE IMPROVEMENTS.—It 
is the sense of Congress that funding for such a Special 
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Purpose Entity should support proposed utility infrastruc-
ture improvements on Guam that incorporate the civilian 
and military infrastructure into a single grid to realize and 
maximize the effectiveness of the overall utility system. 
(d) MILITARY FAMILY HOUSING.—It is the sense of 
Congress that the building requirements imposed for any 
military family housing constructed by such a Special Pur-
pose Entity in connection with the realignment of military 
installations and the relocation of military personnel on 
Guam should be established by the Department of Defense 
in accordance with current building standards that are 
used with other projects. 
(e) SPECIAL PURPOSE ENTITY DEFINED.—In this 
section, the term ‘‘Special Purpose Entity’’ means a whol-
ly independent entity established for a specific and limited 
purpose to facilitate the realignment of military installa-
tions and the relocation of military personnel on Guam. 
SEC. 2823. SENSE OF CONGRESS REGARDING FEDERAL AS-
SISTANCE TO GUAM. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Defense, in coordination with 
the Interagency Group on Insular Areas, should enter into 
a memorandum of understanding with the Government of 
Guam to identify, before the realignment of military in-
stallations and the relocation of military personnel on 
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Guam, local funding requirements for civilian infrastruc-
ture development and other needs related to the realign-
ment and relocation. The memorandum of understanding 
would stipulate the commitment of Federal agencies to as-
sist the Government of Guam in carrying out the Guam 
realignment in a responsible and consistent manner. 
(b) INTERAGENCY GROUP ON INSULAR AREAS DE-
FINED.—In this section, the term ‘‘Interagency Group on 
Insular Areas’’ means the interagency group established 
by Executive Order No. 13299 of May 12, 2003 (68 Fed. 
Reg. 25477; 48 U.S.C. note prec. 1451). The term in-
cludes any sub-group or working group of that interagency 
group. 
SEC. 2824. COMPTROLLER GENERAL REPORT REGARDING 
INTERAGENCY REQUIREMENTS RELATED TO 
GUAM REALIGNMENT. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Comp-
troller General shall submit to Congress a report on the 
status of interagency coordination through the Inter-
agency Group on Insular Areas of budgetary requests to 
assist the Government of Guam with its budgetary re-
quirements related to the realignment of military forces 
on Guam. The report shall address to what extent and 
how the Interagency Group on Insular Areas will be able 
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to coordinate interagency budgets so the realignment of 
military forces on Guam will meet the 2014 completion 
date as stipulated in the May 2006 security agreement be-
tween the United States and Japan. 
(b) INTERAGENCY GROUP ON INSULAR AREAS DE-
FINED.—In this section, the term ‘‘Interagency Group on 
Insular Areas’’ means the interagency group established 
by Executive Order No. 13299 of May 12, 2003 (68 Fed. 
Reg. 25477; 48 U.S.C. note prec. 1451). The term in-
cludes any sub-group or working group of that interagency 
group. 
SEC. 2825. ENERGY AND ENVIRONMENTAL DESIGN INITIA-
TIVES IN GUAM MILITARY CONSTRUCTION 
AND INSTALLATIONS. 
(a) LEADERSHIP IN ENERGY AND ENVIRONMENTAL 
DESIGN PRINCIPLES.—With respect to all new military 
construction projects on Guam and military housing to be 
constructed on Guam related to the realignment of mili-
tary forces on Guam, the Secretary of Defense shall re-
quire the incorporation of design criteria promulgated in 
the Leadership in Energy and Environmental Design 
Green Building Rating System, as developed by the 
United States Green Building Council, to achieve not less 
than the silver standard. This requirement shall apply re-
gardless of the source of funds for the project. 
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(b) RENEWABLE ENERGY GOAL.—The Secretary of 
Defense shall establish a goal for the use of renewable en-
ergy sources on all military installations on Guam. Not 
later than one year after the date of the enactment of this 
Act, the Secretary shall submit to the congressional de-
fense committees a report containing the plan of the Sec-
retary to achieve the renewable energy goal. The report 
shall identify the renewable sources of energy that will be 
utilized and describe how the renewable sources will be uti-
lized and installed at military installations on Guam. 
SEC. 2826. DEPARTMENT OF DEFENSE INSPECTOR GEN-
ERAL REPORT REGARDING GUAM REALIGN-
MENT. 
Not later than 180 days after the date of the enact-
ment of this Act, the Inspector General of the Department 
of Defense shall submit to the congressional defense com-
mittees a report on the efforts of the Inspector General 
to address potential waste and fraud associated with the 
realignment of military forces on Guam. 
SEC. 2827. ELIGIBILITY OF THE COMMONWEALTH OF THE 
NORTHERN MARIANA ISLANDS FOR MILI-
TARY BASE REUSE STUDIES AND COMMUNITY 
PLANNING ASSISTANCE. 
(a) INCLUSION IN DEFINITION OF MILITARY INSTAL-
LATION.—Section 2687(e)(1) of title 10, United States 
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Code, is amended by inserting after ‘‘Virgin Islands,’’ the 
following: ‘‘the Commonwealth of the Northern Mariana 
Islands,’’. 
(b) INCLUSION OF FACILITIES OWNED AND OPER-
ATED BY COMMONWEALTH.—Section 2391(d)(1) of title 
10, United States Code, is amended by inserting after 
‘‘Guam,’’ the following: ‘‘the Commonwealth of the North-
ern Mariana Islands,’’. 
SEC. 2828. PREVAILING WAGE APPLICABLE TO GUAM. 
(a) IN GENERAL.—Subchapter I of chapter 169 of 
title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2816. Application of prevailing wage for construc-
tion on Guam 
‘‘Subchapter IV of chapter 31 of title 40, United 
States Code, shall apply to any military construction au-
thorized under this chapter of any facilities on Guam. In 
order to carry out the requirements of this section, the 
Secretary of Labor shall have the authority and functions 
set forth in Reorganization Plan Number 14 of 1950 and 
section 3145 of title 40, United States Code.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by adding 
at the end the following new item: 
‘‘2816. Application of prevailing wage for construction on Guam.’’. 
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SEC. 2829. PORT OF GUAM IMPROVEMENT ENTERPRISE 
PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation, 
acting through the Administrator of the Maritime Admin-
istration (in this section referred to as the ‘‘Adminis-
trator’’), may establish a Port of Guam Improvement En-
terprise Program (in this section referred to as the ‘‘Pro-
gram’’) to provide for the planning, design, and construc-
tion of projects for the Port of Guam to improve facilities, 
relieve port congestion, and provide greater access to port 
facilities. 
(b) AUTHORITIES OF THE ADMINISTRATOR.—In car-
rying out the Program, the Administrator may— 
(1) receive funds provided for the Program 
from non-Federal entities, including private entities; 
(2) provide for coordination among appropriate 
governmental agencies to expedite the review process 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) for projects carried 
out under the Program; 
(3) provide for coordination among appropriate 
governmental agencies in connection with other re-
views and requirements applicable to projects carried 
out under the Program; and 
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(4) provide technical assistance to the Port Au-
thority of Guam (and its agents) as needed for 
projects carried out under the Program. 
(c) PORT
OF GUAM IMPROVEMENT ENTERPRISE 
FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a separate ac-
count to be known as the ‘‘Port of Guam Improve-
ment Enterprise Fund’’ (in this section referred to 
as the ‘‘Fund’’). 
(2) DEPOSITS.—There shall be deposited into 
the Fund— 
(A) amounts received by the Administrator 
from non-Federal sources under subsection 
(b)(1); 
(B) amounts transferred to the Adminis-
trator under subsection (d); and 
(C) amounts appropriated to carry out this 
section under subsection (f). 
(3) USE OF AMOUNTS.—Amounts in the Fund 
shall be available to the Administrator to carry out 
the Program. 
(4) ADMINISTRATIVE
EXPENSES.—Not to ex-
ceed 3 percent of the amounts appropriated to the 
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Fund for a fiscal year may be used for administra-
tive expenses of the Administrator. 
(5) AVAILABILITY OF AMOUNTS.—Amounts in 
the Fund shall remain available until expended. 
(d) TRANSFERS
OF AMOUNTS.—Amounts appro-
priated or otherwise made available for any fiscal year for 
an intermodal or marine facility comprising a component 
of the Program shall be transferred to and administered 
by the Administrator. 
(e) LIMITATION.—Nothing in this section shall be 
construed to authorize amounts made available under sec-
tion 215 of title 23, United States Code, or any other 
amounts made available for the construction of highways 
or amounts otherwise not eligible for making port im-
provements to be deposited into the Fund. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Fund such sums 
as may be necessary to carry out this section. 
Subtitle D—Energy Security 
SEC. 2841. CERTIFICATION OF ENHANCED USE LEASES FOR 
ENERGY-RELATED PROJECTS. 
Section 2667(h) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
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‘‘(5) If a proposed lease under subsection (a) involves 
a project related to energy production and the term of the 
lease exceeds 20 years, the Secretary concerned may not 
enter into the lease until at least 30 days after the date 
on which the Secretary of Defense submits to the congres-
sional defense committees a certification that the lease is 
consistent with the Department of Defense performance 
goals and plan required by section 2911 of this title.’’. 
SEC. 2842. ANNUAL REPORT ON DEPARTMENT OF DEFENSE 
INSTALLATIONS ENERGY MANAGEMENT. 
Section 2925(a) of title 10, United States Code, is 
amended— 
(1) by striking the subsection heading and in-
serting the following: ‘‘ANNUAL REPORT RELATED 
TO INSTALLATIONS ENERGY MANAGEMENT.—’’; 
(2) in paragraph (1), by inserting ‘‘, the Energy 
Independence and Security Act of 2007 (Public Law 
110–140),’’ after ‘‘58)’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(6) A description and estimate of the progress 
made by the military departments to meet the cer-
tification requirements for sustainable green-building 
standards in construction and major renovations.’’. 
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Subtitle E—Land Conveyances 
SEC. 2851. LAND CONVEYANCE, FORMER NAVAL AIR STA-
TION, ALAMEDA, CALIFORNIA. 
(a) CONVEYANCE REQUIRED.—The Secretary of the 
Navy shall convey to the redevelopment authority for the 
former Naval Air Station Alameda, California (in this sec-
tion referred to as the ‘‘redevelopment authority’’), all 
right, title and interest of the United States in and to the 
real and personal property comprising Naval Air Station 
Alameda, except those parcels identified for public benefit 
conveyance and certain surplus lands at the Naval Air 
Station Alameda described in the Federal Register on No-
vember 5, 2007. In this section, the real and personal 
property to be conveyed under this section is referred to 
as the ‘‘NAS Property’’. 
(b) MULTIPLE CONVEYANCES.—The conveyance of 
the NAS Property may be conducted through multiple 
parcel transfers. 
(c) CONSIDERATION OPTIONS.—As consideration for 
the conveyance of the NAS Property under subsection (a), 
the Secretary of the Navy and the redevelopment authority 
shall agree upon one of the following options: 
(1) Not later than nine months after the date 
of the enactment of this Act, the redevelopment au-
thority shall accept the consideration terms de-
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scribed in the document negotiated between the re-
development authority and the Secretary of the 
Navy known as the draft ‘‘Summary of Acquisition 
Terms and Conditions’’ and dated September 18, 
2006, as such language may be amended, with value 
to be determined for the portion of the NAS Prop-
erty known as Parcel 3, and subsequently make pay-
ments to the Secretary in accordance with such doc-
ument. 
(2)(A) The redevelopment authority shall en-
sure that the entity that acquires title to the NAS 
Property for development (in this paragraph referred 
to as the ‘‘development entity’’) submits to the Sec-
retary of the Navy a down payment of $10,000,000 
dollars at the time the initial portion of the NAS 
Property is conveyed to the development entity. 
(B) In addition, the redevelopment entity shall 
submit to the Secretary 12 percent of all gross resi-
dential and commercial building sales to the first 
bona-fide, arms-length third-party buyer, whether as 
new construction or the sale of rehabilitated existing 
structures. In the event that the development entity 
transfers all or any portion of the NAS Property to 
a third party, including any subsidiaries, before the 
completion of new or rehabilitated construction, the 
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HR 5658 PCS 
development entity shall satisfy the payment require-
ment as prescribed in this paragraph at such time 
as the NAS Property is conveyed to a bona-fide, 
arms-length third-party buyer. This obligation shall 
not apply to the sale of any buildings on land held 
in the public trust by the State of California or sales 
of land or buildings for the purposes of constructing 
or otherwise providing affordable housing, as deter-
mined by the Secretary. 
(3)(A) The redevelopment authority shall sub-
mit 80 percent of the gross proceeds received by the 
redevelopment authority from the redevelopment 
authority’s competitive solicitation of any portion of 
the NAS Property not encumbered by the public 
trust. 
(B) To comply with this paragraph, the redevel-
opment authority shall— 
(i) prepare, for review and approval by the 
Secretary of the Navy, commercially reasonable 
solicitation materials consisting of a request for 
qualifications and a request for proposals for 
the conveyance or lease of the NAS Property, 
as appropriate, in accordance with established 
contract principles, and such approval by the 
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HR 5658 PCS 
Secretary shall not be unreasonably withheld; 
and 
(ii) pay to the Secretary the required share 
of monies received by the redevelopment author-
ity by reason of any contract or agreement exe-
cuted as a result of the solicitation. 
(d) EXISTING USES.—During the three-year period 
beginning on the date on which the first conveyance under 
this section is made, the redevelopment authority shall 
make reasonable efforts to accommodate the continued use 
by the United States of those portions of the NAS Prop-
erty covered by a request for Federal Land Transfer so 
long as the accommodation of such use is at no cost or 
expense to the redevelopment authority. Such accommoda-
tions shall provide adequate protection for the endangered 
California Least Tern in accordance with the requirements 
of the existing Biological Opinion for Naval Air Station 
Alameda dated March 22, 1999, and any future amend-
ments to the Biological Opinion. 
(e) REMEDIATION.—The Secretary of the Navy shall, 
to the extent practicable, remediate the NAS Property to 
the standard included by the Secretary and the redevelop-
ment authority in the document referred to in subsection 
(c)(1). 
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(f) SAVINGS PROVISION.—Nothing in this section 
shall be construed to affect or limit the application of, or 
any obligation to comply with, any environmental law, in-
cluding the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.). 
(g) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under this section shall be determined by a survey satis-
factory to the Department. 
(h) MASTER LEASE.—The Lease in Furtherance of 
Conveyance, dated June 2000, as amended, between the 
Secretary of the Navy and the redevelopment authority 
shall remain in full force and effect until conveyance of 
the NAS Property in accordance with this section, and a 
lease amendment recognizing this section shall be offered 
by the Secretary. 
(i) TREATMENT OF AMOUNTS RECEIVED.—Amounts 
received by the United States under this section shall be 
credited to the fund or account intended to receive pro-
ceeds from the disposal of the NAS Property pursuant to 
the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101–510; 10 U.S.C. 
2687 note). 
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(j) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Navy may require such additional terms and 
conditions in connection with the conveyance under sub-
sections (a) as the Secretary considers appropriate to pro-
tect the interests of the United States. 
SEC. 2852. LAND CONVEYANCE, NORWALK DEFENSE FUEL 
SUPPLY POINT, NORWALK, CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Air Force may convey, without consideration, to the 
City of Norwalk, California (in this section referred to as 
the ‘‘City’’), all right, title, and interest of the United 
States in and to a parcel of real property, including im-
provements thereon, consisting of approximately 10 acres 
of the Norwalk Defense Fuel Supply Point in Norwalk, 
California, for the purpose of permitting the City to utilize 
the property for recreational purposes as an addition to 
the adjacent Holifield Park. In connection with the con-
veyance, the Secretary may make a payment to the City 
to assist the City in making municipal upgrades in the 
vicinity of the Norwalk Defense Fuel Supply Point. 
(b) ENVIRONMENTAL REMEDIATION.—The Secretary 
shall manage and carry out environmental remediation ac-
tivities with respect to the property to be conveyed under 
subsection (a) that, at a minimum, achieve the standard 
sufficient to allow the property to be used for the purposes 
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specified in such subsection. The Secretary shall endeavor 
to enter into an agreement with the holder of an easement 
on the property to ensure that the easement holder partici-
pates in the remediation of the property. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall 
require the City to cover costs to be incurred by the 
Secretary, or to reimburse the Secretary for costs in-
curred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs 
related to environmental documentation, and other 
administrative costs related to the conveyance. If 
amounts are collected from the City in advance of 
the Secretary incurring the actual costs, and the 
amount collected exceeds the costs actually incurred 
by the Secretary to carry out the conveyance, the 
Secretary shall refund the excess amount to the 
City. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received as reimbursements under para-
graph (1) shall be credited to the fund or account 
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HR 5658 PCS 
that was used to cover the costs incurred by the Sec-
retary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund 
or account and shall be available for the same pur-
poses, and subject to the same conditions and limita-
tions, as amounts in such fund or account. 
(e) SAVINGS PROVISION.—Nothing in this section 
shall be construed to affect or limit the application of, or 
any obligation to comply with, any environmental law, in-
cluding the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.). 
(f) ADDITIONAL TERM AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the inter-
ests of the United States. 
SEC. 2853. LAND CONVEYANCE, FORMER NAVAL STATION, 
TREASURE ISLAND, CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Navy shall convey to the redevelopment authority for 
former Naval Station, Treasure Island, California (in this 
section referred to as the ‘‘redevelopment authority’’), all 
right, title, and interest of the United States in and to 
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a parcel of real property consisting of those portions of 
the former Naval Station still retained by the Navy as of 
the date of the enactment of this Act and personal prop-
erty and related utilities and improvements thereon. 
(b) CONSIDERATION.—As consideration for the con-
veyance of the property under subsection (a), the Sec-
retary and the redevelopment authority shall agree upon 
at least one of the following options: 
(1) Subject to subsection (c), the redevelopment 
authority shall assume the remaining obligations of 
the Department of Defense to address releases or 
threatened releases of hazardous substances and pe-
troleum and its constituents, to the extent necessary 
to obtain regulatory closure from relevant California 
and Federal environmental regulatory agencies, in-
cluding a CERCLA covenant deferral by the Gov-
ernor of the State of California. 
(2) The redevelopment authority shall pay the 
United States a share of the gross revenues that the 
redevelopment authority receives from third-party 
buyers or lessees from sales and long-term leases of 
the conveyed property. 
(c) ENVIRONMENTAL REMEDIATION EXCEPTIONS.— 
Under the consideration option provided by subsection 
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(b)(1), the redevelopment authority shall not be required 
to accept any responsibility for— 
(1) ordnance, explosives, munitions or similar 
devices or materials located on the conveyed prop-
erty; 
(2) radiological materials located on the con-
veyed property, where those materials were not iden-
tified before the conveyance under subsection (a) 
and were authorized to remain in place subject to 
the establishment of institutional controls enforced 
by a covenant with the California Department of 
Toxic Substances Control and deed restrictions to 
the property recipient; 
(3) chemical or biological weapons or constitu-
ents thereof located on the conveyed property; and 
(4) releases of hazardous substances and petro-
leum and its constituents located on the conveyed 
property, if the release of the hazardous substances 
or petroleum and its constituents was not discovered 
at the time of the conveyance and the costs of reme-
diation of such unknown releases is not covered by 
environmental insurance procured by or benefitting 
the redevelopment authority. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
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(1) PAYMENT REQUIRED.—The Secretary shall 
require the redevelopment authority to cover costs to 
be incurred by the Secretary, or to reimburse the 
Secretary for costs incurred by the Secretary, to 
carry out the conveyance under subsection (a), in-
cluding survey costs, appraisal costs, and other costs 
related to the conveyance. If amounts are collected 
from the redevelopment authority in advance of the 
Secretary incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the 
Secretary to carry out the conveyance, the Secretary 
shall refund the excess amount to the redevelopment 
authority. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received under paragraph (1) as reim-
bursement for costs incurred by the Secretary to 
carry out the conveyance under subsection (a), and 
not refunded under such paragraph, shall be— 
(A) counted toward the consideration oth-
erwise required from the redevelopment author-
ity under subsection (b); and 
(B) credited to the fund or account that 
was used to cover the costs incurred by the Sec-
retary in carrying out the conveyance. 
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(3) USE
OF
AMOUNTS
RECEIVED.—Amounts 
credited to a fund or account under paragraph 
(2)(B) shall be merged with amounts in the fund or 
account and shall be available for the same pur-
poses, and subject to the same conditions and limita-
tions, as amounts in such fund or account. 
(e) SAVINGS PROVISION.—Nothing in this section 
shall be construed to affect or limit the application of, or 
any obligation to comply with, any environmental law, in-
cluding the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.). 
(f) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. 
(g) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsections 
(a) as the Secretary considers appropriate to protect the 
interests of the United States, so long as such additional 
terms and conditions do not materially change the terms 
and conditions of this section, including the consideration 
to be provided the United States under subsection (b). 
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SEC. 2854. CONDITION ON LEASE INVOLVING NAVAL AIR 
STATION, BARBERS POINT, HAWAII. 
As a condition of any lease executed by the Secretary 
of the Navy pursuant to section 2843 of the Military Con-
struction Authorization Act for Fiscal Year 2007 (division 
B of Public Law 109–364; 120 Stat. 2482) with Ford Is-
land Properties/Hunt Development involving the former 
Naval Air Station, Barbers Point, Hawaii, the Secretary 
of the Navy shall require that Ford Island Properties/ 
Hunt Development enter into a memorandum of under-
standing with the Hawaii Community Development Au-
thority to ensure that the development plan for the real 
property covered by the lease conforms with the final 
Kalaeloa Master Plan and appropriate land use controls 
of the Hawaii Community Development Authority. 
SEC. 2855. LAND CONVEYANCE, SERGEANT FIRST CLASS 
M.L. 
DOWNS 
ARMY 
RESERVE 
CENTER, 
SPRINGFIELD, OHIO. 
(a) CONVEYANCE AUTHORIZED.—At such time as the 
Army Reserve vacates the Sergeant First Class M.L. 
Downs Army Reserve Center at 1515 West High Street 
in Springfield, Ohio, the Secretary of the Army may con-
vey, without consideration, to the City of Springfield, Ohio 
(in this section referred to as the ‘‘City’’), all right, title, 
and interest of the United States in and to the parcel of 
real property, including improvements thereon, containing 
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the Reserve Center for the purpose of permitting the City 
to utilize the property for municipal government activities. 
(b) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the real property conveyed 
under subsection (a) is not being used in accordance with 
the purpose of the conveyance, all right, title, and interest 
in and to such real property, including any improvements 
and appurtenant easements thereto, shall, at the option 
of the Secretary, revert to and become the property of the 
United States, and the United States shall have the right 
of immediate entry onto such real property. A determina-
tion by the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall 
require the City to cover costs to be incurred by the 
Secretary, or to reimburse the Secretary for costs in-
curred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs 
related to environmental documentation, and other 
administrative costs related to the conveyance. If 
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amounts are collected from the City in advance of 
the Secretary incurring the actual costs, and the 
amount collected exceeds the costs actually incurred 
by the Secretary to carry out the conveyance, the 
Secretary shall refund the excess amount to the 
City. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received as reimbursements under para-
graph (1) shall be credited to the fund or account 
that was used to cover the costs incurred by the Sec-
retary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund 
or account and shall be available for the same pur-
poses, and subject to the same conditions and limita-
tions, as amounts in such fund or account. 
(e) ADDITIONAL TERM AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the inter-
ests of the United States. 
SEC. 2856. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX 
COUNTY, TENNESSEE. 
(a) CONVEYANCE AUTHORIZATION.—The Secretary 
of the Army may convey, without consideration, to the 
State of Tennessee all right, title, and interest of the 
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United States in and to a parcel of real property, including 
any improvements thereon and appurtenant easements 
thereto, consisting of approximately 124 acres known as 
the John Sevier Range in Knox County, Tennessee, if the 
State agrees to use such real property as a public firing 
range and for associated recreational activities. 
(b) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the real property conveyed 
under subsection (a) is not being used in accordance with 
the terms of the conveyance, all right, title, and interest 
in and to such real property, including any improvements 
and appurtenant easements thereto, shall, at the option 
of the Secretary, revert to and become the property of the 
United States, and the United States shall have the right 
of immediate entry onto such real property. A determina-
tion by the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(c) ADMINISTRATIVE
EXPENSES.—In accordance 
with section 2695 of title 10, United State Code, the Sec-
retary may accept amounts provided by the State to cover 
administrative expenses incurred by the Secretary with re-
spect to the conveyance authorized under subsection (a), 
including survey expenses, expenses related to environ-
mental documentation, and other administrative expenses 
related to such conveyance. Such amounts shall be cred-
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ited, pursuant to subsection (c) of section 2695 of such 
title, to the appropriation, fund, or account from which 
such expenses were paid. If amounts are collected from 
the State in advance of the Secretary incurring such ex-
penses, and the amount collected exceeds the expenses ac-
tually incurred by the Secretary, the Secretary shall re-
fund the excess amount to the State. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property authorized to 
be conveyed under subsection (a) shall be determined by 
a survey satisfactory to the Secretary and the State. 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyance authorized under 
subsection (a) as the Secretary considers appropriate to 
protect the interests of the United States. 
SEC. 2857. LAND CONVEYANCE, BUREAU OF LAND MANAGE-
MENT LAND, CAMP WILLIAMS, UTAH. 
(a) CONVEYANCE REQUIRED.—Not later than 120 
days after the date of the enactment of this Act, the Sec-
retary of the Interior, acting through the Bureau of Land 
Management, shall convey, without consideration, to the 
State of Utah all right, title, and interest of the United 
States in and to certain lands comprising approximately 
431 acres, as generally depicted on a map entitled ‘‘Pro-
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posed Camp Williams Land Transfer’’ and dated March 
7, 2008, which are located within the boundaries of the 
public lands currently withdrawn for military use by the 
Utah National Guard and known as Camp Williams, 
Utah, for the purpose of permitting the Utah National 
Guard to use the conveyed land as provided in subsection 
(c). 
(b) REVOCATION OF EXECUTIVE ORDER.—Executive 
Order No. 1922 of April 24, 1914, as amended by section 
907 of the Camp W.G. Williams Land Exchange Act of 
1989 (title IX of Public Law 101–628; 104 Stat. 4501), 
shall be revoked, only insofar as it affects the lands identi-
fied for conveyance to the State of Utah under subsection 
(a). 
(c) REVERSIONARY INTEREST.—The lands conveyed 
to the State of Utah under subsection (a) shall revert to 
the United States if the Secretary of the Interior deter-
mines that the land, or any portion thereof, is sold or at-
tempted to be sold, or that the land, or any portion there-
of, is used for non-National Guard or non-national defense 
purposes. Any determination by the Secretary of the Inte-
rior under this subsection shall be made in consultation 
with the Secretary of Defense and the Governor of Utah 
and on the record after an opportunity for comment. 
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(d) HAZARDOUS MATERIALS.—With respect to any 
portion of the land conveyed under subsection (a) that the 
Secretary of the Interior determines is subject to reversion 
under subsection (c), if the Secretary of the Interior also 
determines that the portion of the conveyed land contains 
hazardous materials, the State of Utah shall pay the 
United States an amount equal to the fair market value 
of that portion of the land, and the reversionary interest 
shall not apply to that portion of the land. 
SEC. 2858. LAND CONVEYANCE, ARMY PROPERTY, CAMP 
WILLIAMS, UTAH. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Army may convey, without consideration, to the State 
of Utah on behalf of the Utah National Guard (in this 
section referred to as the ‘‘State’’) all right, title, and in-
terest of the United States in and to two parcels of real 
property, including any improvements thereon, that are lo-
cated within the boundaries of Camp Williams, Utah, con-
sist of approximately 608 acres and 308 acres, respec-
tively, and are identified in the Utah National Guard mas-
ter plan as being necessary acquisitions for future mis-
sions of the Utah National Guard. 
(b) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the real property conveyed 
under subsection (a), or any portion thereof, has been sold 
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or is being used solely for non-defense, commercial pur-
poses, all right, title, and interest in and to the property 
shall revert, at the option of the Secretary, to the United 
States, and the United States shall have the right of im-
mediate entry onto the property. It is not a violation of 
the reversionary interest for the State to lease the prop-
erty, or any portion thereof, to private, commercial, or 
governmental interests if the lease facilitates the construc-
tion and operation of buildings, facilities, roads, or other 
infrastructure that directly supports the defense missions 
of the Utah National Guard. Any determination of the 
Secretary under this subsection shall be made on the 
record after an opportunity for a hearing. 
(c) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary shall 
require the State to cover costs to be incurred by the 
Secretary, or to reimburse the Secretary for costs in-
curred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs 
related to environmental documentation, and other 
administrative costs related to the conveyance. If 
amounts are collected from the State in advance of 
the Secretary incurring the actual costs, and the 
amount collected exceeds the costs actually incurred 
by the Secretary to carry out the conveyance, the 
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Secretary shall refund the excess amount to the 
State. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received as reimbursements under para-
graph (1) shall be credited to the fund or account 
that was used to cover the costs incurred by the Sec-
retary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund 
or account and shall be available for the same pur-
poses, and subject to the same conditions and limita-
tions, as amounts in such fund or account. 
(d) DESCRIPTION OF REAL PROPERTY.—The exact 
acreage and legal description of the real property to be 
conveyed under subsection (a) shall be determined by a 
survey satisfactory to the Secretary. 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection 
(a) as the Secretary considers appropriate to protect the 
interests of the United States. 
SEC. 2859. EXTENSION OF POTOMAC HERITAGE NATIONAL 
SCENIC TRAIL THROUGH FORT BELVOIR, VIR-
GINIA. 
(a) AGREEMENT AUTHORITY.—The Secretary of the 
Army may enter into a revocable at will easement with 
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the Secretary of the Interior to provide land along the pe-
rimeter of Fort Belvoir, Virginia, to be used as a segment 
the Potomac Heritage National Scenic Trail. 
(b) SELECTION CRITERIA.—In determining the ex-
tent of the easement, the Secretary of the Army shall pro-
vide for a single trail, and select alignments of the trail, 
along the perimeter of Fort Belvoir. In making that deter-
mination, the Secretary shall consider— 
(1) the perimeter security requirements to pro-
tect the assets, people, and agency missions located 
at Fort Belvoir; 
(2) the appropriate setback from adjacent road-
ways to provide for a safe and enjoyable experience 
for users of the trail; and 
(3) any planned future expansion of roadways, 
including United States Route 1, so that the trail 
will not be adversely impacted by roadway construc-
tion. 
(c) TRAIL ADMINISTRATION AND MANAGEMENT.— 
Any segment of the Potomac Heritage National Scenic 
Trail along the perimeter of Fort Belvoir shall be adminis-
tered by the Secretary of the Interior, acting through the 
National Park Service, and shall be managed by the Sec-
retary of the Army, by an appropriate local agency, or by 
any other party mutually acceptable to the Secretary of 
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the Army and the National Park Service. A written agree-
ment confirming this management arrangement shall be 
co-signed by the parties to the easement agreement. 
SEC. 2860. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
DECOMMISSIONED NAVAL SECURITY GROUP 
ACTIVITY, SKAGGS ISLAND, CALIFORNIA. 
(a) TRANSFER MEMORANDUM
OF AGREEMENT.— 
The Secretary of the Navy and the Secretary of the Inte-
rior shall negotiate a memorandum of agreement that stip-
ulates the conditions upon which the decommissioned 
Naval Security Group Activity, Skaggs Island, Sonoma, 
California shall be transferred from the administrative ju-
risdiction of the Department of the Navy to the United 
States Fish and Wildlife Service for inclusion in the Na-
tional Wildlife Refuge System. 
(b) ACCEPTANCE OF DONATIONS; USE.—The Sec-
retary of the Navy and the Secretary of the Interior may 
accept contributions from the State of California and 
other entities to help cover the costs of demolishing and 
removing structures on the property described in sub-
section (a) and to facilitate future environmental restora-
tion that furthers the ultimate end use of the property 
for conservation purposes. Amounts received may be 
merged with other amounts available to the Secretaries to 
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carry out this section and shall remain available, without 
further appropriation and until expended. 
Subtitle F—Other Matters 
SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLING-
TON 
NAVAL 
ANNEX 
TO 
ARLINGTON 
NA-
TIONAL CEMETERY. 
Section 2881(h)(1) of the Military Construction Au-
thorization Act for Fiscal Year 2000 (division B of Public 
Law 106–65; 113 Stat. 879), as amended by section 2871 
of the Military Construction Authorization Act for Fiscal 
Year 2008 (division B of Public Law 110–181; 122 Stat. 
561), is further amended by striking ‘‘January 1, 2011’’ 
and inserting ‘‘January 1, 2012’’. 
SEC. 2872. DECONTAMINATION AND USE OF FORMER BOM-
BARDMENT AREA ON ISLAND OF CULEBRA. 
Section 204 of the Military Construction Authoriza-
tion Act, 1974 (Public Law 93–166; 87 Stat. 668) is 
amended by striking subsection (c). 
SEC. 2873. ACCEPTANCE AND USE OF GIFTS FOR CON-
STRUCTION OF ADDITIONAL BUILDING AT 
NATIONAL MUSEUM OF THE UNITED STATES 
AIR FORCE, WRIGHT-PATTERSON AIR FORCE 
BASE. 
(a) ACCEPTANCE AUTHORIZED.—The Secretary of 
the Air Force may accept from the Air Force Museum 
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Foundation, a private nonprofit corporation, gifts in the 
form of cash, treasury instruments, or comparable United 
States securities for the purpose of paying the costs of 
design and construction of a fourth building for the Na-
tional Museum of the United States Air Force at Wright- 
Patterson Air Force Base, Ohio. In making a gift, the Air 
Force Museum Foundation may specify that all or part 
of the amount of the gift be utilized solely for the purpose 
of the design and construction of a particular portion of 
the building. 
(b) ESCROW ACCOUNT.— 
(1) DEPOSIT OF GIFTS.—The Secretary of the 
Air Force, acting through the Director of Financial 
Management of the Air Force Materiel Command 
(in this section referred to as the ‘‘Director’’), shall 
deposit the amount of any gift accepted under sub-
section (a) in an escrow account established for that 
purpose. 
(2) INVESTMENT.—Amounts in the escrow ac-
count not required to meet current requirements of 
the account shall be invested in public debt securi-
ties with maturities suitable to the needs of the ac-
count, as determined by the Director, and bearing 
interest at rates that take into consideration current 
market yields on outstanding marketable obligations 
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of the United States of comparable securities. The 
income on such investments shall be credited to and 
form a part of the account. 
(3) LIQUIDATION.—Upon final payment of all 
invoices and claims associated with the design and 
construction of the building described in subsection 
(a), the Secretary shall terminate the escrow ac-
count. Any amounts remaining in the account upon 
termination shall be available to the Secretary, in 
such amounts as are provided in advance in appro-
priations Acts, for such purposes as the Secretary 
considers appropriate. 
(c) USE OF GIFTS.— 
(1) DESIGN AND CONSTRUCTION.—The Direc-
tor shall use amounts in the escrow account, includ-
ing income on investments, to pay the costs of the 
design and construction of a fourth building for the 
National Museum of the United States Air Force, 
including progress payments for such design and 
construction, subject to any conditions imposed by 
the Air Force Museum Foundation under subsection 
(a). Amounts in the account shall be available to the 
Director, in such amounts as are provided in ad-
vance in appropriations Acts, until expended. 
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(2) TIME
FOR
PAYMENT.—Amounts shall be 
payable under paragraph (1) upon receipt by the Di-
rector of a notification from the technical represent-
ative of the contracting officer that construction ac-
tivities for which such amounts are payable under 
paragraph (1) have been undertaken. To the max-
imum extent practicable consistent with good busi-
ness practice, the Director shall limit payment of 
amounts from the account in order to maximize the 
return on investment of amounts in the account. 
(d) LIMITATION ON CONTRACTS.—The Secretary of 
the Air Force may not initiate a contract for the design 
or construction of a particular portion of the building de-
scribed in subsection (a) until amounts in the escrow ac-
count are sufficient to cover the amount of the contract. 
SEC. 2874. ESTABLISHMENT OF MEMORIAL TO AMERICAN 
RANGERS AT FORT BELVOIR, VIRGINIA. 
(a) AUTHORITY
TO ESTABLISH MEMORIAL.—The 
Secretary of the Army may permit the American Ranger 
Memorial Association, Inc., to establish and maintain, at 
a suitable location on Fort Belvoir, Virginia, a national 
memorial to honor the sacrifice and service of American 
Rangers during their almost four hundred years of exist-
ence. 
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SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in subsection (c)(1), the Secretary of the Air Force 
may acquire real property and carry out military construc-
tion projects for the installations or locations inside the 
United States, and in the amounts, set forth in the fol-
lowing table: 
Air Force: Inside the United States 
State 
Installation or Location 
Amount 
California ........
Beale Air Force Base .........................................
$17,600,000 
Florida .............
Eglin Air Force Base .........................................
$11,000,000 
New Jersey ......
McGuire Air Force Base ....................................
$6,200,000 
New Mexico .....
Cannon Air Force Base ......................................
$8,000,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in subsection (c)(2), the Secretary of the Air Force 
may acquire real property and carry out military construc-
tion projects for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table: 
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Oman ...............
Masirah Air Base ...............................................
$6,300,000 
Qatar ...............
Al Udeid .............................................................
$100,400,000 
(c) AUTHORIZATION
OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated on or after the 
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date of the enactment of this Act for military construction, 
land acquisition, and military family housing functions of 
the Department of the Air Force in the total amount of 
$150,927,000, as follows: 
(1) For military construction projects inside the 
United 
States 
authorized 
by 
subsection 
(a), 
$42,800,000. 
(2) For military construction projects outside 
the United States authorized by subsection (b), 
$106,700,000. 
(3) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $1,427,000. 
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in subsection (b)(1), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations or locations inside the United 
States, and in the amounts, set forth in the following 
table: 
Defense Agencies: Inside the United States 
State 
Installation or Location 
Amount 
Georgia ............
Fort Benning ......................................................
$350,000,000 
Kansas .............
Fort Riley ...........................................................
$404,000,000 
North Carolina 
Camp Lejeune ....................................................
$122,000,000 
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contribution and identifying the person who contributed 
it. The Secretary may not use such amount until 15 days 
after the notice is submitted. 
(e) ANNUAL REPORT.—Not later than October 31 of 
each year, beginning in the fiscal year in which the first 
contributions are retained under subsection (b), the Sec-
retary of Energy shall submit to the appropriate congres-
sional committees a report on the receipt and use of 
amounts under this section during the preceding fiscal 
year. Each report for a fiscal year shall set forth— 
(1) a statement of any amounts received under 
this section, including, for each such amount, the 
value of the contribution and the person who con-
tributed it; 
(2) a statement of any amounts used under this 
section, including, for each such amount, the pur-
poses for which the amount was used; and 
(3) a statement of the amounts retained but not 
used under this section including, for each such 
amount, the purposes (if known) for which the Sec-
retary intends to use the amount. 
(f) EXPIRATION.—The authority to accept, retain, 
and use contributions under this section shall expire on 
December 31, 2013. 
VerDate Aug 31 2005 
03:10 Jun 04, 2008
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