451
form, may not exceed 35 percent of the capital costs of the
acquisition or construction project.
‘‘(e) COLLATERAL
INCENTIVE
AGREEMENTS.—The
Secretary concerned may also enter into collateral incentive
agreements in connection with investments made under sub-
section (d) to ensure that a suitable preference will be af-
forded members of the armed forces to lease or purchase,
at affordable rates, a reasonable number of the housing
units covered by the investment contract.
‘‘§ 2876. Expiration of authority
‘‘The authority of the Secretaries concerned to enter
into contracts and partnerships and to make investments
under this subchapter shall expire on September 30, 2000.’’.
(2) The table of subchapters at the beginning of chapter
169 of title 10, United States Code, is amended by inserting
after the item relating to subchapter III the following new
item:
‘‘IV.
Alternative Provision of Military Family Housing ......................
2871’’.
SEC. 2802. INCLUSION OF OTHER ARMED FORCES IN NAVY
PROGRAM OF LIMITED PARTNERSHIPS WITH
PRIVATE 
DEVELOPERS 
FOR 
MILITARY
HOUSING.
(a) EXPANDED AUTHORITY FOR HOUSING PARTNER-
SHIPS.—(1) Subchapter IV of chapter 169 of title 10, Unit-
ed States Code, as added by section 2801, is amended by
inserting after section 2873 the following new section:
452
§ ‘‘2874. Limited partnerships with private developers
of housing
‘‘(a) LIMITED PARTNERSHIPS.—In order to meet the
housing requirements of members of the armed forces, and
the dependents of such members, at a military installation
described in section 2872(a) of this title, the Secretary con-
cerned may enter into a limited partnership with one or
more private developers to encourage the construction of
housing and ancillary supporting facilities within commut-
ing distance of the installation. Section 2875(d) of this title
shall apply with respect to the investments the Secretary
concerned may make toward development costs under a lim-
ited partnership.
‘‘(b) COLLATERAL
INCENTIVE
AGREEMENTS.—The
Secretary concerned may also enter into collateral incentive
agreements with private developers who enter into a limited
partnership under subsection (a) to ensure that, where ap-
propriate—
‘‘(1) a suitable preference will be afforded mem-
bers of the armed forces in the lease or purchase, as
the case may be, of a reasonable number of the hous-
ing units covered by the limited partnership; or
‘‘(2) the rental rates or sale prices, as the case
may be, for some or all of such units will be afford-
able for such members.
453
‘‘(c) SELECTION OF INVESTMENT OPPORTUNITIES.—
(1) The Secretary concerned shall use publicly advertised,
competitively bid or competitively negotiated, contracting
procedures, as provided in chapter 137 of this title, to enter
into limited partnerships under subsection (a).
‘‘(2) When a decision is made by the Secretary con-
cerned to enter into a limited partnership under subsection
(a), the Secretary shall submit a report in writing to the
appropriate committees of Congress on that decision. Each
such report shall include the justification for the limited
partnership, the terms and conditions of the limited part-
nership, a description of the development costs for projects
under the limited partnership, and a description of the
share of such costs to be incurred by the Secretary con-
cerned. The Secretary concerned may then enter into the
limited partnership only after the end of the 21-day period
beginning on the date the report is received by such commit-
tees.
‘‘(d) HOUSING INVESTMENT BOARDS.—(1) Each Sec-
retary concerned shall establish a housing investment board,
which shall have the duties—
‘‘(A) of advising the Secretary concerned regard-
ing those proposed limited partnerships under sub-
section (a), if any, that are financially and otherwise
454
sound investments for meeting the objectives of this
section;
‘‘(B) of administering amounts in the Account
established under section 2873 of this title that are
made available to the Secretary concerned to carry
out this section; and
‘‘(C) of performing such other tasks as the Sec-
retary concerned determines to be necessary and ap-
propriate to assist the Secretary to carry out the du-
ties of the Secretary under this section.
‘‘(2) A housing investment board shall be composed of
seven members appointed for a two-year term by the Sec-
retary concerned. Among such members, the Secretary con-
cerned may appoint two persons from the private sector who
have knowledge and experience in the financing and the
construction of housing. The Secretary concerned shall des-
ignate one of the members as chairperson.
‘‘(3) Members of a housing investment board, other
than those members regularly employed by the Federal Gov-
ernment, may be paid while attending meetings of the board
or otherwise serving at the request of the Secretary con-
cerned, compensation at a rate equal to the daily equivalent
of the minimum annual rate of basic pay payable for level
IV of the Executive Schedule under section 5315 of title 5
for each day (including travel time) during which the mem-
455
ber is engaged in the actual performance of duties vested
in the board. Members shall receive travel expenses, includ-
ing per diem in lieu of subsistence, in accordance with sec-
tions 5702 and 5703 of title 5.
‘‘(4) The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the housing investment boards.
‘‘(5) The housing investment boards shall terminate on
September 30, 2000.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by inserting after the item relating to
section 2873 the following new item:
‘‘2874. Limited partnerships with private developers of housing.’’.
(b) PROCEEDS
FROM PARTICIPATION
IN PARTNER-
SHIPS.—Section 2873(b) of title 10, United States Code, as
added by section 2801, is amended by adding at the end
the following new paragraph:
‘‘(4) Proceeds received by the Secretary concerned
from the repayment of investments or profits on in-
vestments of the Secretary under section 2874(a) of
this title.’’.
(c) CONFORMING REPEAL.—(1) Section 2837 of title
10, United States Code, is repealed. The repeal of such sec-
tion shall not be construed to affect the validity or terms
of any limited partnership or collateral incentive agreement
entered into by the Secretary of the Navy under such section
before the date of the enactment of this Act. Amounts in
456
the Navy Housing Investment Account shall be transferred
to the Department of Defense Family Housing Improvement
Fund established under section 2873 of such title, as added
by section 2801.
(2) The table of sections at the beginning of subchapter
II of chapter 169 of title 10, United States Code, is amended
by striking out the item relating to section 2837.
SEC. 2803. SPECIAL UNSPECIFIED MINOR CONSTRUCTION
THRESHOLDS FOR PROJECTS TO CORRECT
LIFE, HEALTH, AND SAFETY DEFICIENCIES
AND CLARIFICATION OF UNSPECIFIED MINOR
CONSTRUCTION AUTHORITY.
(a) SPECIAL THRESHOLDS.—Section 2805 of title 10,
United States Code, is amended—
(1) in subsection (a)(1), by adding at the end the
following new sentence: ‘‘However, if the military con-
struction project is intended solely to correct a life,
health, or safety deficiency, a minor military con-
struction project may have an approved cost equal to
or less than $3,000,000.’’; and
(2) in subsection (c)(1), by striking out ‘‘not
more than $300,000.’’ and inserting in lieu thereof
the following: ‘‘not more than—
457
‘‘(A) $1,000,000, in the case of an unspecified
military construction project intended solely to cor-
rect a life, health, or safety deficiency; or
‘‘(B) $300,000, in the case of other unspecified
military construction projects.’’.
(b) DESCRIPTION OF MINOR CONSTRUCTION.—Sub-
section (a)(1) of such section is further amended by striking
out ‘‘(1) that is for a single undertaking at a military in-
stallation, and (2)’’.
SEC. 2804. DISPOSITION OF AMOUNTS RECOVERED AS A RE-
SULT OF DAMAGE TO REAL PROPERTY.
(a) IN GENERAL.—Chapter 165 of title 10, United
States Code, is amended by inserting after section 2781 the
following new section:
‘‘§ 2782. Damage to real property: disposition of
amounts recovered
‘‘Except as provided in section 2775 of this title,
amounts recovered for damage caused to real property
under the jurisdiction of the Secretary of a military depart-
ment or, with respect to the Defense Agencies, under the
jurisdiction of the Secretary of Defense shall be credited to
the account available for the repair or replacement of the
real property at the time of recovery. In such amounts as
are provided in advance in appropriation Acts, amounts
so credited shall be available for use for the same purposes
458
and under the same circumstances as other funds in the
account.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 2781 the following new item:
‘‘2782. Damage to real property: disposition of amounts recovered.’’.
SEC. 2805. RENTAL OF FAMILY HOUSING IN FOREIGN
COUNTRIES.
Section 2828(e) of title 10, United States Code, is
amended—
(1) in paragraph (1)—
(A) by striking out ‘‘300 units’’ in the first
sentence and inserting in lieu thereof ‘‘450
units’’; and
(B) by striking out ‘‘220 such units’’ in the
second sentence and inserting in lieu thereof
‘‘350 such units’’; and
(2) in paragraph (2), by striking out ‘‘300
units’’ and inserting in lieu thereof ‘‘450 units’’.
SEC. 2806. PILOT PROGRAM TO PROVIDE INTEREST RATE
BUY DOWN AUTHORITY ON LOANS FOR HOUS-
ING WITHIN HOUSING SHORTAGE AREAS AT
MILITARY INSTALLATIONS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Military Housing Assistance Act of 1995’’.
459
(b) MORTGAGE ASSISTANCE PAYMENT AUTHORITY OF
THE SECRETARY OF VETERANS AFFAIRS.—(1) Chapter 37
of title 38, United States Code, is amended by inserting
after section 3707 the following:
‘‘§ 3708. Authority to buy down interest rates: pilot
program
‘‘(a) In order to enable the purchase of housing in
areas where the supply of suitable military housing is inad-
equate, the Secretary may conduct a pilot program under
which the Secretary may make periodic or lump sum assist-
ance payments on behalf of an eligible veteran for the pur-
pose of buying down the interest rate on a loan to that vet-
eran that is guaranteed under this chapter for a purpose
described in paragraph (1), (2), (3), (6), or (10) of section
3710(a).
‘‘(b) An individual is an eligible veteran for the pur-
poses of this section if—
‘‘(1) the individual is a veteran, as defined in
section 3701(b)(4) of this title, or is on active Guard
and Reserve duty, as defined by section 101(d) of title
10;
‘‘(2) the individual submits an application for a
loan guaranteed under this chapter within one year
of an assignment of the individual to duty at a mili-
460
tary installation in the United States designated by
the Secretary of Defense as a housing shortage area;
‘‘(3) at the time the loan referred to in subsection
(a) is made, the individual is an enlisted member,
warrant officer, or an officer (other than a warrant
officer) at a pay grade of O–3 or below;
‘‘(4) the individual has not previously used any
of the individual’s entitlement to housing loan bene-
fits under this chapter; and
‘‘(5) 
the 
individual 
receives 
comprehensive
prepurchase counseling from the Secretary (or the des-
ignee of the Secretary) before making application for
a loan guaranteed under this chapter.
‘‘(c) Loans with respect to which the Secretary may
exercise the buy down authority under subsection (a)
shall—
‘‘(1) provide for a buy down period of not more
than three years in duration;
‘‘(2) specify the maximum and likely amounts of
increases in mortgage payments that the loans would
require; and
‘‘(3) be subject to such other terms and condi-
tions as the Secretary may prescribe by regulation.
‘‘(d) The Secretary shall promulgate underwriting
standards for loans for which the interest rate assistance
461
payments may be made under subsection (a). Such stand-
ards shall be based on the interest rate for the second year
of the loan.
‘‘(e) The Secretary or lender shall provide comprehen-
sive prepurchase counseling to eligible veterans explaining
the features of interest rate buy downs under subsection (a),
including a hypothetical payment schedule that displays the
increases in monthly payments to the mortgagor over the
first five years of the mortgage term. For the purposes of
this subsection, the Secretary may assign personnel to mili-
tary installations referred to in subsection (b)(2).
‘‘(f) There is authorized to be appropriated $3,000,000
annually to carry out this section.
‘‘(g) The Secretary may not guarantee a loan under
this chapter after September 30, 1998, on which the Sec-
retary is obligated to make payments under this section.’’.
(2) The table of sections at the beginning of chapter
37 of title 38, United States Code, is amended by inserting
after the item relating to section 3707 to following new
item:
‘‘3708. Authority to buy down interest rates: pilot program.’’.
(c) AUTHORITY OF SECRETARY OF DEFENSE.—
(1) REIMBURSEMENT FOR BUY DOWN COSTS.—
The Secretary of Defense shall reimburse the Sec-
retary of Veterans Affairs for amounts paid by the
462
Secretary of Veterans Affairs to mortgagees under sec-
tion 3708 of title 38, United States Code.
(2) 
DESIGNATION
OF
HOUSING
SHORTAGE
AREAS.—For purposes of section 3708 of title 38,
United States Code, the Secretary of Defense may des-
ignate as a housing shortage area a military installa-
tion in the United States at which the Secretary de-
termines there is a shortage of suitable housing to
meet the military family needs of members of the
Armed Forces and the dependents of such members.
(3) REPORT.—Not later than six months after
September 30, 1998, the Secretary shall submit a re-
port to Congress regarding the effectiveness in provid-
ing housing to members of the Armed Forces and
their dependents through the provisions of this sub-
section and section 3708 of title 38, United States
Code.
(4) EARMARK.—Of the amount provided in sec-
tion 2405(a)(13)(B), $10,000,000 for fiscal year 1996
shall be available to carry out this subsection.
(5) SUNSET.—This subsection shall not apply
with respect to housing loans guaranteed after Sep-
tember 30, 1998, for which assistance payments are
paid under section 3708 of title 38, United States
Code.
463
Subtitle B—Base Closure and
Realignment
SEC. 2811. AUTHORITY TO TRANSFER PROPERTY AT MILI-
TARY INSTALLATIONS TO BE CLOSED TO PER-
SONS WHO CONSTRUCT OR PROVIDE MILI-
TARY FAMILY HOUSING.
(a) BASE CLOSURES UNDER 1988 ACT.—Section 204
of the Defense Authorization Amendments and Base Closure
and Realignment Act (title II of Public Law 100–526; 10
U.S.C. 2687 note) is amended by adding at the end the fol-
lowing new subsection:
‘‘(e) TRANSFER AUTHORITY
IN CONNECTION WITH
CONSTRUCTION OR PROVISION OF MILITARY FAMILY HOUS-
ING.—(1) Subject to paragraph (2), the Secretary may
enter into an agreement to transfer by deed real property
or facilities located at an installation closed or to be closed
under this title with any person who agrees, in exchange
for the real property or facilities, to transfer to the Sec-
retary housing units that are constructed or provided by
the person and located at or near a military installation
at which there is a shortage of suitable housing to meet the
requirements of members of the Armed Forces and their de-
pendents. The Secretary may not select real property for
transfer under this paragraph if the property is identified
464
in the redevelopment plan for the installation as items es-
sential to the reuse or redevelopment of the installation.
‘‘(2) A transfer of real property or facilities may be
made under paragraph (1) only if—
‘‘(A) the fair market value of the housing units
to be received by the Secretary in exchange for the
property or facilities to be transferred is equal to or
greater than the fair market value of such property
or facilities, as determined by the Secretary; or
‘‘(B) the recipient of the property or facilities
agrees to pay to the Secretary the difference between
the fair market values if the fair market value of the
housing units is lower than the fair market value of
the property or facilities to be transferred.
‘‘(3) Notwithstanding section 207(a)(7), the Secretary
shall deposit funds received under paragraph (2)(B) in the
Department of Defense Family Housing Improvement Fund
established under section 2873(a) of title 10, United States
Code.
‘‘(4) The Secretary shall submit to the appropriate
committees of Congress a report describing each agreement
proposed to be entered into under paragraph (1), including
the consideration to be received by the United States under
the agreement. The Secretary may not enter into the agree-
ment until the end of the 21-day period beginning on the
465
date the appropriate committees of Congress receive the re-
port regarding the agreement.
‘‘(5) The Secretary may require any additional terms
and conditions in connection with an agreement authorized
by this subsection as the Secretary considers appropriate
to protect the interests of the United States.’’.
(b) BASE CLOSURES UNDER 1990 ACT.—Section 2905
of 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) is amended by adding at the end the following
new subsection:
‘‘(f) TRANSFER AUTHORITY
IN CONNECTION WITH
CONSTRUCTION OR PROVISION OF MILITARY FAMILY HOUS-
ING.—(1) Subject to paragraph (2), the Secretary may
enter into an agreement to transfer by deed real property
or facilities located at an installation closed or to be closed
under this part with any person who agrees, in exchange
for the real property or facilities, to transfer to the Sec-
retary housing units that are constructed or provided by
the person and located at or near a military installation
at which there is a shortage of suitable housing to meet the
requirements of members of the Armed Forces and their de-
pendents. The Secretary may not select real property for
transfer under this paragraph if the property is identified
466
in the redevelopment plan for the installation as items es-
sential to the reuse or redevelopment of the installation.
‘‘(2) A transfer of real property or facilities may be
made under paragraph (1) only if—
‘‘(A) the fair market value of the housing units
to be received by the Secretary in exchange for the
property or facilities to be transferred is equal to or
greater than the fair market value of such property
or facilities, as determined by the Secretary; or
‘‘(B) the recipient of the property or facilities
agrees to pay to the Secretary the difference between
the fair market values if the fair market value of the
housing units is lower than the fair market value of
the property or facilities to be transferred.
‘‘(3) Notwithstanding section 2906(a)(2), the Secretary
shall deposit funds received under paragraph (2)(B) in the
Department of Defense Family Housing Improvement Fund
established under section 2873(a) of title 10, United States
Code.
‘‘(4) The Secretary shall submit to the appropriate
committees of Congress a report describing each agreement
proposed to be entered into under paragraph (1), including
the consideration to be received by the United States under
the agreement. The Secretary may not enter into the agree-
ment until the end of the 30-day period beginning on the
467
date the appropriate committees of Congress receive the re-
port regarding the agreement.
‘‘(5) The Secretary may require any additional terms
and conditions in connection with an agreement authorized
by this subsection as the Secretary considers appropriate
to protect the interests of the United States.’’.
(c) REGULATIONS.—Not later than nine months after
the date of the enactment of this Act, the Secretary of De-
fense shall prescribe any regulations necessary to carry out
subsection (e) of section 204 of the Defense Authorization
Amendments and Base Closure and Realignment Act (title
II of Public Law 100–526; 10 U.S.C. 2687 note), as added
by subsection (a), and subsection (f) of section 2905 of 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), as added by subsection (b).
SEC. 2812. DEPOSIT OF PROCEEDS FROM LEASES OF PROP-
ERTY LOCATED AT INSTALLATIONS BEING
CLOSED OR REALIGNED.
(a) EXCEPTION TO EXISTING REQUIREMENTS.—Sec-
tion 2667(d) of title 10, United States Code, is amended—
(1) in paragraph (1)(A)(ii), by inserting ‘‘or
(5)’’ after ‘‘paragraph (4)’’; and
(2) by adding at the end the following new para-
graph:
468
‘‘(5) Money rentals received by the United States from
a lease under subsection (f) shall be deposited into the rel-
evant account established under section 207(a) of the De-
fense Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 2687 note)
or section 2906(a) of the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public Law 101–
510; 10 U.S.C. 2687 note).’’.
(b) CORRESPONDING AMENDMENTS TO BASE CLOSURE
LAWS.—(1) Section 207(a) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Pub-
lic Law 100–526; 10 U.S.C. 2687 note) is amended—
(A) in paragraph (2)—
(i) by striking out ‘‘and’’ at the end of sub-
paragraph (B);
(ii) by striking out the period at the end of
subparagraph (C) and inserting in lieu thereof ‘‘;
and’’; and
(iii) by adding at the end the following new
subparagraph:
‘‘(D) proceeds from leases of property under sec-
tion 2667(f) of title 10, United States Code, at a mili-
tary installation to be closed or realigned under this
title.’’; and
469
(B) in paragraph (7), by striking out ‘‘transfer
or disposal’’ and inserting in lieu thereof ‘‘lease,
transfer, or disposal’’.
(2) Section 2906(a)(2) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2867 note) is amended—
(A) in subparagraph (C), by striking out ‘‘trans-
fer or disposal’’ and inserting in lieu thereof ‘‘lease,
transfer, or disposal’’; and
(B) in subparagraph (D), by striking out ‘‘trans-
fer or disposal’’ and inserting in lieu thereof ‘‘lease,
transfer, or disposal’’.
SEC. 2813. AGREEMENTS FOR CERTAIN SERVICES AT IN-
STALLATIONS BEING CLOSED.
(a) CLOSURES UNDER 1988 ACT.—Section 204(b)(8)
of the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100–526; 10 U.S.C.
2687 note) is amended by striking out subparagraph (A)
and inserting in lieu thereof the following new subpara-
graph:
‘‘(A) Subject to subparagraph (C), the Secretary may
enter into agreements (including contracts, cooperative
agreements, or other arrangements for reimbursement) with
local governments for the provision of police or security
services, fire protection services, airfield operation services,
470
or other community services by such governments at mili-
tary installations to be closed under this title if the Sec-
retary determines that the provision of such services under
such an agreement is in the best interests of the Department
of Defense.’’.
(b) CLOSURES UNDER 1990 ACT.—Section 2905(b)(8)
of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10 U.S.C.
2867 note) is amended by striking out subparagraph (A)
and inserting in lieu thereof the following new subpara-
graph:
‘‘(A) Subject to subparagraph (C), the Secretary may
enter into agreements (including contracts, cooperative
agreements, or other arrangements for reimbursement) with
local governments for the provision of police or security
services, fire protection services, airfield operation services,
or other community services by such governments at mili-
tary installations to be closed under this part if the Sec-
retary determines that the provision of such services under
such an agreement is in the best interests of the Department
of Defense.’’.
471
Subtitle C—Land Conveyances
Generally
SEC. 2821. TRANSFER OF JURISDICTION, FORT SAM HOUS-
TON, TEXAS.
(a) TRANSFER OF LAND FOR NATIONAL CEMETERY.—
The Secretary of the Army may transfer, without reim-
bursement, to the administrative jurisdiction of the Sec-
retary of Veterans Affairs a parcel of real property (includ-
ing any improvements thereon) consisting of approximately
53 acres and comprising a portion of Fort Sam Houston,
Texas.
(b) USE OF LAND.—The Secretary of Veterans Affairs
shall use the real property transferred under subsection (a)
as a national cemetery under chapter 24 of title 38, United
States Code.
(c) RETURN OF UNUSED LAND.—If the Secretary of
Veterans Affairs determines that any portion of the real
property transferred under subsection (a) is not needed for
use as a national cemetery, the Secretary of Veterans Af-
fairs shall return such portion to the administrative juris-
diction of the Secretary of the Army.
(d) LEGAL DESCRIPTION.—The exact acreage and
legal description of the real property to be transferred under
this section shall be determined by surveys that are satisfac-
472
tory to the Secretary of the Army. The cost of such surveys
shall be borne by the Secretary of Veterans Affairs.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Army may require such additional terms and
conditions in connection with the transfer under this section
as the Secretary of the Army considers appropriate to pro-
tect the interests of the United States.
SEC. 2822. LAND ACQUISITION OR EXCHANGE, SHAW AIR
FORCE BASE, SUMTER, SOUTH CAROLINA.
(a) LAND ACQUISITION.—By means of an exchange of
property, acceptance as a gift, or other means that does not
require the use of appropriated funds, the Secretary of the
Air Force may acquire all right, title, and interest in and
to a parcel of real property (together with any improve-
ments thereon) consisting of approximately 1,100 acres and
located adjacent to the eastern end of Shaw Air Force Base,
South Carolina, and extending to Stamey Livestock Road
in Sumter County, South Carolina.
(b) LAND EXCHANGE AUTHORIZED.—For purposes of
acquiring the real property described in subsection (a), the
Secretary may participate in a land exchange and convey
all right, title, and interest of the United States in and to
a parcel of real property in the possession of the Air Force
if—
473
(1) the Secretary determines that the land ex-
change is in the best interests of the Air Force; and
(2) the fair market value of the Air Force parcel
to be conveyed does not exceed the fair market value
of the parcel to be acquired.
(c) DETERMINATIONS OF FAIR MARKET VALUE.—The
Secretary shall determine the fair market value of the par-
cels of real property to be conveyed pursuant to subsections
(a) and (b). Such determinations shall be final.
(d) DESCRIPTIONS OF PROPERTY.—The exact acreage
and legal descriptions of the parcels of real property to be
conveyed pursuant to subsections (a) and (b) shall be deter-
mined by surveys that are satisfactory to the Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the acquisition under subsection (a) or
conveyance under subsection (b) as the Secretary considers
appropriate to protect the interests of the United States.
(f) REVERSION OF GIFT CONVEYANCE.—If the Sec-
retary acquires the real property described in subsection (a)
by way of gift, the Secretary may accept in the deed of con-
veyance terms or conditions that require that the land be
reconveyed to the donor, or the heirs of the donor, if Shaw
Air Force Base ceases operations and is closed.
474
SEC. 2823. TRANSFER OF CERTAIN REAL PROPERTY AT
NAVAL 
WEAPONS 
INDUSTRIAL 
RESERVE
PLANT, CALVERTON, NEW YORK, FOR USE AS
NATIONAL CEMETERY.
(a) TRANSFER AUTHORIZED.—Notwithstanding sec-
tion 2854 of the Military Construction Authorization Act
for Fiscal Year 1993 (division B of Public Law 102–484;
106 Stat. 2626), the Secretary of the Navy may transfer,
without reimbursement, to the Secretary of Veterans Affairs
a parcel of real property consisting of approximately 150
acres located adjacent to the Calverton National Cemetery,
Calverton, New York, and comprising a portion of the buffer
zone of the Naval Weapons Industrial Reserve Plant,
Calverton.
(b) USE OF PROPERTY.—The Secretary of Veterans Af-
fairs shall use the real property transferred under sub-
section (a) as an addition to the Calverton National Ceme-
tery and administer such real property pursuant to chapter
24 of title 38, United States Code.
(c) SURVEYS.—The cost of any surveys necessary for
the transfer of jurisdiction of the real property described
in subsection (a) from the Secretary of the Navy to the Sec-
retary of Veterans Affairs shall be borne by the Secretary
of Veterans Affairs.
475
SEC. 2824. LAND CONVEYANCE, FORT ORD, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey to the City of Seaside, 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 prop-
erty (including improvements thereon) consisting of ap-
proximately 477 acres located in Monterey County, Califor-
nia, and comprising a portion of the former Fort Ord Mili-
tary Complex. The real property to be conveyed to the City
includes the two Fort Ord Golf Courses, Black Horse and
Bayonet, and the Hayes Housing Facilities.
(b) CONSIDERATION.—As consideration for the convey-
ance of the real property and improvements under sub-
section (a), the City shall pay to the United States an
amount equal to the fair market value of the property to
be conveyed, as determined by the Secretary under such
terms and conditions as are determined to be fair and equi-
table to both parties.
(c) USE AND DEPOSIT OF PROCEEDS.—(1) From the
funds paid by the City under subsection (b), the Secretary
shall deposit in the Morale, Welfare, and Recreation Fund
Account of the Department of the Army an amount equal
to the portion of such funds corresponding to the fair mar-
ket value of the two Fort Ord Golf Courses conveyed under
subsection (a), as established under subsection (b).
476
(2) The Secretary shall deposit the balance of the funds
paid by the City under subsection (b), after deducting the
amount deposited under paragraph (1), in the Department
of Defense Base Closure Account 1990.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property (including im-
provements thereon) to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary
and the City. The cost of the survey shall be borne by the
City.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2825. LAND CONVEYANCE, INDIANA ARMY AMMUNI-
TION PLANT, CHARLESTOWN, INDIANA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the State of
Indiana (in this section referred to as the ‘‘State’’), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements there-
on, that consists of approximately 1125 acres at the inac-
tivated Indiana Army Ammunition Plant in Charlestown,
477
Indiana, and is the subject of a 25-year lease between the
Secretary and the State.
(b) CONDITION OF CONVEYANCE.—The conveyance au-
thorized under subsection (a) shall be subject to the condi-
tion that the State use the conveyed property for rec-
reational purposes.
(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. The cost of such survey shall be
borne by the State.
(d) ADDITIONAL TERMS 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 interests
of the United States.
SEC. 2826. LAND CONVEYANCE, NAVAL AIR STATION, PEN-
SACOLA, FLORIDA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Navy may convey to West Florida Developers, Inc. (in this
section referred to as ‘‘WFD’’), all right, title, and interest
of the United States in and to a parcel of unimproved real
property consisting of approximately 135 acres at Naval
Air Station, Pensacola, Florida.
478
(b) CONSIDERATION.—(1) As consideration for the con-
veyance under subsection (a), WFD shall agree to restrict
the use of all lands located within the Air Installation Com-
patible Use Zones of Naval Air Station Pensacola and
owned by WFD at the time of the conveyance under sub-
section (a) in such manner as specified by the Secretary.
The lands subject to such restriction shall total at least 300
acres.
(2) If the fair market value of the property conveyed
under subsection (a) is more than the fair market value of
the restriction on usage under paragraph (1), WFD shall
pay to the United States an amount equal to the difference
between the fair market values.
(c) DETERMINATION OF FAIR MARKET VALUE.—The
Secretary shall determine the fair market value of the prop-
erty to be conveyed under subsection (a) and the fair market
value of the restriction on usage under subsection (b)(1).
Such determination shall be final.
(d) 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. The cost of such survey shall be
borne by WFD.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
479
in connection with the conveyance authorized by subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2827. LAND CONVEYANCE, AVON PARK AIR FORCE
RANGE, SEBRING, FLORIDA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Air Force may convey, without consideration, to Highlands
County, Florida (in this section referred to as the ‘‘Coun-
ty’’), all right, title, and interest of the United States in
and to a parcel of real property (including any improve-
ments thereon) located within the boundaries of the Avon
Park Air Force Range near Sebring, Florida, which has
previously served as the location of a support complex and
recreational facilities for the Avon Park Air Force Range.
(b) CONDITIONS
OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the condi-
tions that the County—
(1) directly or through an agreement with an ap-
propriate public or private entity, use the conveyed
property, including the support complex and rec-
reational facilities, for operation of a juvenile or other
correctional facility; and
(2) enter into an agreement with the Secretary
to reconvey the property to the United States if the
Secretary determines that the conveyed property is
480
necessary to accomplish the military mission of the
Avon Park Air Force Range.
(c) REVERSIONARY INTEREST.—If the Secretary deter-
mines at any time that the property conveyed under sub-
section (a) is not being used in accordance with subsection
(b), all right, title, and interest in the property shall revert
to the United States, and the United States shall have the
right of immediate entry onto the property.
(d) 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. The cost of such survey shall be
borne by the County.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2828. LAND CONVEYANCE, PARKS RESERVE FORCES
TRAINING AREA, DUBLIN, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—(1) Except as pro-
vided in paragraph (2), the Secretary of the Army may
convey to the County of Alameda, California (in this section
referred to as the ‘‘County’’), all right, title, and interest
of the United States in and to a parcel of real property
481
consisting of approximately 31 acres, together with im-
provements thereon, located at Parks Reserve Forces Train-
ing Area, Dublin, California.
(2) The conveyance authorized by this section shall not
include any oil, gas, or mineral interest of the United States
in the real property to be conveyed.
(b) CONSIDERATION.—(1) As consideration for the con-
veyance under subsection (a)(1), the County shall provide
the Army with services at the portion of Parks Reserve
Forces Training Area retained by the Army—
(A) to relocate the main gate of the retained
Army Training Area from Dougherty Road to Dublin
Boulevard across from the Bay Area Rapid Transit
District East Dublin station, including the closure of
the existing main gate on Dougherty Road, construc-
tion of a security facility, and construction of a road-
way from the new entrance to Fifth Street;
(B) to fence and landscape the southern bound-
ary of the retained Army Training Area installation
located northerly of Dublin Boulevard;
(C) to fence and landscape the eastern boundary
of the retained Army Training Area from Dublin
Boulevard to Gleason Drive;
(D) to resurface roadways within the retained
Army Training Area;
483
isfactory to the Secretary. The cost of such survey shall be
borne by the County.
(d) TIME FOR TRANSFER OF TITLE.—The transfer of
title to the County under subsection (a)(1) may be executed
by the Secretary only upon the satisfactory guarantee by
the County of completion of the services to be provided
under subsection (b).
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a)(1)
as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 2829. LAND CONVEYANCE, HOLSTON ARMY AMMUNI-
TION PLANT, MOUNT CARMEL, TENNESSEE.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without reimbursement, to the City of
Mount Carmel, Tennessee (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 consisting of approxi-
mately 6.5 acres, together with any improvements thereon,
located at Holston Army Ammunition Plant, Tennessee.
The property is located adjacent to the Mount Carmel Cem-
etery and is intended for expansion of the cemetery.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
484
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of such survey shall be
borne by the City.
(c) ADDITIONAL TERMS 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 interests
of the United States.
SEC. 2830. LAND CONVEYANCE, NAVAL WEAPONS INDUS-
TRIAL RESERVE PLANT, MCGREGOR, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Navy may convey, without consideration, to the City of
McGregor, Texas (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 any improvements
thereon, containing the Naval Weapons Industrial Reserve
Plant in McGregor, Texas. After screening the facilities,
equipment, and fixtures (including special tooling and spe-
cial test equipment) located on the parcel for other uses
within the Department of the Navy, the Secretary may in-
clude in the conveyance remaining facilities, equipment,
and fixtures if the Secretary determines that manufacturing
activities requiring the use of such facilities, equipment,
and fixtures are likely to continue or be reinstated on the
parcel after conveyance.
485
(b) LEASE AUTHORITY.—Until such time as the real
property described in subsection (a) is conveyed by deed,
the Secretary may lease the property, along with improve-
ments thereon, to the City in exchange for security services,
fire protection, and maintenance provided by the City for
the property.
(c) CONDITION OF CONVEYANCE.—The conveyance au-
thorized under subsection (a) shall be subject to the condi-
tion that the City, directly or through an agreement with
a public or private entity, use the conveyed property (or
offer the conveyed property for use) for economic redevelop-
ment to replace all or a part of the economic activity being
lost at the parcel.
(d) 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. The cost of such survey shall be
borne by the City.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) or
a lease under subsection (b) as the Secretary considers ap-
propriate to protect the interests of the United States.
486
SEC. 2831. TRANSFER OF JURISDICTION AND LAND CON-
VEYANCE, FORT DEVENS MILITARY RESERVA-
TION, MASSACHUSETTS.
(a) TRANSFER OF LAND FOR WILDLIFE REFUGE.—
Subject to subsection (b), the Secretary of the Army shall
transfer, without reimbursement, to the administrative ju-
risdiction of the Secretary of the Interior that portion of
Fort Devens Military Reservation in the State of Massachu-
setts that is situated south of Massachusetts State Route 2,
for inclusion in the Oxbow National Wildlife Refuge. The
transfer shall be made as soon as possible after the date
on which the property is determined to be excess to the needs
of the Department of Defense.
(b) LAND CONVEYANCE AUTHORIZED.—The Secretary
of the Army shall convey to the Town of Lancaster, Massa-
chusetts (in this section referred to as the ‘‘Town’’), all
right, title, and interest of the United States in and to a
parcel of real property consisting of approximately 100
acres of the parcel available for transfer under subsection
(a) and located adjacent to Massachusetts State Highway
70.
(c) LEGAL DESCRIPTION.—(1) The exact acreage and
legal description of the real property to be transferred under
subsection (a) shall be determined by surveys that are mutu-
ally satisfactory to the Secretary of the Army and the Sec-
487
retary of the Interior. The cost of such surveys shall be borne
by the Secretary of the Interior.
(2) The exact acreage and legal description of the real
property to be conveyed under subsection (b) shall be deter-
mined by surveys that are mutually satisfactory to the Sec-
retary of the Army, the Secretary of the Interior, and the
Board of Selectman of the Town. The cost of such surveys
shall be borne by the Town.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Army may require such additional terms and
conditions in connection with the transfer and conveyance
under this section as the Secretary of the Army considers
appropriate to protect the interests of the United States.
SEC. 2832. LAND CONVEYANCE, ELMENDORF AIR FORCE
BASE, ALASKA.
(a) SALE TO PRIVATE PERSON AUTHORIZED.—(1)
The Secretary of the Air Force may sell to a private person
all right, title, and interest of the United States in and to
a parcel of real property consisting of approximately 31.69
acres that is located at Elmendorf Air Force Base, Anchor-
age, Alaska, and identified in land lease W–95–507–ENG–
58.
(2) The Secretary may select as purchaser of the real
property such private person as the Secretary, in the sole
exercise of the Secretary’s discretion, considers appropriate.
488
The conveyance shall be subject to the condition that the
purchaser agree to provide appropriate maintenance for the
apartment complex located on the property to be conveyed
and used by members of the Armed Forces stationed at El-
mendorf Air Force Base and their dependents.
(b) CONSIDERATION.—In consideration for the convey-
ance under subsection (a), the purchaser shall pay to the
United States an amount equal to the fair market value
of the real property to be conveyed, as determined by an
appraisal satisfactory to the Secretary. In determining the
fair market value of the real property, the Secretary shall
consider the property as encumbered by land lease W–95–
507–ENG–58, with an expiration date of June 13, 2024.
(c) DEPOSIT OF PROCEEDS.—The Secretary shall de-
posit the amount received from the purchaser under sub-
section (b) in the special account established under section
204(h)(2) of the Federal Property and Administrative Serv-
ices Act of 1949 (40 U.S.C. 585(h)(2)).
(d) 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. The cost of such survey shall be
borne by the purchaser.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
489
in connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2833. LAND CONVEYANCE ALTERNATIVE TO EXISTING
LEASE AUTHORITY, NAVAL SUPPLY CENTER,
OAKLAND, CALIFORNIA.
Section 2834(b) of the Military Construction Author-
ization Act for Fiscal Year 1993 (division B of Public Law
102–484; 106 Stat. 2614), as amended by section 2833 of
the Military Construction Authorization Act for Fiscal Year
1994 (division B of Public Law 103–160) and section 2821
of the Military Construction Authorization Act for Fiscal
Year 1995 (division B of Public Law 103–337), is further
amended by adding at the end the following new para-
graphs:
‘‘(4) In lieu of entering into a lease under paragraph
(1), or in place of an existing lease under such paragraph,
the Secretary may convey, without consideration, the prop-
erty described in such paragraph to the City of Oakland,
California, the Port of Oakland, California, or the City of
Alameda, California, under such terms and conditions as
the Secretary considers appropriate.
‘‘(5) The exact acreage and legal description of any
property conveyed under paragraph (4) shall be determined
490
by a survey satisfactory to the Secretary. The cost of each
survey shall be borne by the recipient of the property.’’.
Subtitle D—Land Conveyances
Involving Utilities
SEC. 2841. CONVEYANCE OF RESOURCE RECOVERY FACIL-
ITY, FORT DIX, NEW JERSEY.
(a) AUTHORITY TO CONVEY.—The Secretary of the
Army may convey to Burlington County, New Jersey (in
this section referred to as the ‘‘County’’), all right, title, and
interest of the United States in and to a parcel of real prop-
erty at Fort Dix, New Jersey, consisting of approximately
two acres and containing a resource recovery facility,
known as the Fort Dix resource recovery facility.
(b) RELATED EASEMENTS.—The Secretary may grant
to the County any easement that is necessary for access to
and operation of the resource recovery facility conveyed
under subsection (a).
(c) CONDITIONS ON CONVEYANCE.—The conveyance of
the resource recovery facility authorized by subsection (a)
is subject to the following conditions:
(1) That the County accept the resource recovery
facility in its existing condition at the time of con-
veyance.
(2) That the County provide refuse and steam
service to Fort Dix, New Jersey, at the rate estab-
491
lished by the appropriate Federal or State regulatory
authority.
(3) That the County comply with all applicable
environmental laws and regulations relating to the re-
source recovery facility, including any permit or li-
cense requirements.
(4) That the County assume full responsibility
for ownership, operation, maintenance, repair, and
all regulatory compliance requirements for the re-
source recovery facility.
(d) CONDITION ON EXPANSION.—The conveyance of the
resource recovery facility under subsection (a) shall also be
subject to the condition that the County may not expand
the resource recovery facility without prior approval by the
Secretary.
(e) ENVIRONMENTAL COMPLIANCE.—The County shall
be responsible for owning, operating, and upgrading the re-
source recovery facility in accordance with all applicable
Federal, State, and municipal laws and regulations pro-
mulgated thereunder.
(f) DESCRIPTION OF THE PROPERTY.—The exact acre-
age and legal description of the real property to be conveyed
under subsection (a), and of any easements to be granted
under subsection (b), shall be determined by a survey satis-
492
factory to the Secretary. The cost of such survey shall be
borne by the County.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) and
the grant of any easement under subsection (b) as the Sec-
retary considers appropriate to protect the interests of the
United States.
SEC. 2842. CONVEYANCE OF WATER AND WASTEWATER
TREATMENT PLANTS, FORT GORDON, GEOR-
GIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey to the city of Augusta, Georgia (in this
section referred to as the ‘‘City’’), all right, title, and inter-
est of the United States to several parcels of real property
located at Fort Gordon, Georgia, and consisting of approxi-
mately seven acres each. The parcels are improved with a
water filtration plant, water distribution system with stor-
age tanks, sewage treatment plant, and sewage collection
system.
(b) RELATED EASEMENTS.—The Secretary may grant
to the City any easement that is necessary for access to the
real property conveyed under subsection (a) and operation
of the conveyed facilities.
493
(c) CONDITIONS
ON CONVEYANCE.—The conveyance
authorized by subsection (a) is subject to the following con-
ditions:
(1) That the City accept the water and
wastewater treatment plants and distribution and
collection systems in their existing condition at the
time of conveyance.
(2) That the City provide water and sewer serv-
ice to Fort Gordon, Georgia, at a rate established by
the appropriate Federal or State regulatory author-
ity.
(3) That the City comply with all applicable en-
vironmental laws and regulations regarding the real
property conveyed under subsection (a), including
any permit or license requirements.
(4) That the City assume full responsibility for
ownership, operation, maintenance, repair, and all
regulatory compliance requirements for the water and
wastewater treatment plants and distribution and
collection systems.
(d) CONDITION
ON
EXPANSION.—The conveyance
under subsection (a) shall also be subject to the condition
that the City may not expand the water and wastewater
treatment plants and distribution and collection systems
without prior approval by the Secretary.
494
(e) ENVIRONMENTAL COMPLIANCE.—The City shall be
responsible for owning, operating, and upgrading the water
and wastewater treatment plants and distribution and col-
lection systems in accordance with all applicable Federal,
State, and municipal laws and regulations promulgated
thereunder.
(f) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a), and of any easements granted under
subsection (b), shall be determined by a survey satisfactory
to the Secretary. The cost of such survey shall be borne by
the City.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) and
the grant of any easement under subsection (b) as the Sec-
retary considers appropriate to protect the interests of the
United States.
SEC. 2843. CONVEYANCE OF ELECTRICAL DISTRIBUTION
SYSTEM, FORT IRWIN, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey to the Southern California Edison Com-
pany, California (in this section referred to as the ‘‘Com-
pany’’), all right, title, and interest of the United States
495
in and to the electrical distribution system located at Fort
Irwin, California.
(b) DESCRIPTION OF SYSTEM AND CONVEYANCE.—The
electrical distribution system authorized to be conveyed
under subsection (a) consists of approximately 115 miles
of electrical distribution lines, including poles, switches,
reclosers, transformers, regulators, switchgears, and service
lines. The conveyance includes the equipment, fixtures,
structures, and other improvements the Federal Government
utilizes to provide electrical services at Fort Irwin. The con-
veyance shall not include any real property.
(c) RELATED EASEMENTS.—The Secretary may grant
to the Company any easement that is necessary for access
to and operation of the electrical distribution system con-
veyed under subsection (a).
(d) CONDITIONS ON CONVEYANCE.—The conveyance
authorized by subsection (a) is subject to the following con-
ditions:
(1) That the Company accept the electrical dis-
tribution system in its existing condition at the time
of conveyance.
(2) That the Company provide electrical service
to Fort Irwin, California, at a rate established by the
appropriate Federal or State regulatory authority.
496
(3) That the Company comply with all applica-
ble environmental laws and regulations regarding the
electrical distribution system, including any permit
or license requirements.
(4) That the Company assume full responsibility
for ownership, operation, maintenance, repair, and
all regulatory compliance requirements for the elec-
trical distribution system.
(e) CONDITION ON EXPANSION.—The conveyance under
subsection (a) shall also be subject to the condition that the
Company may not expand the electrical distribution system
without prior approval by the Secretary.
(f) ENVIRONMENTAL
COMPLIANCE.—The Company
shall be responsible for owning, operating, and upgrading
the electrical distribution system in accordance with all ap-
plicable Federal, State, and municipal laws and regula-
tions promulgated thereunder.
(g) DESCRIPTION OF EASEMENT.—The exact acreage
and legal description of any easement granted under sub-
section (c) shall be determined by a survey satisfactory to
the Secretary. The cost of such survey shall be borne by the
Company.
(h) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) and
497
the grant of any easement under subsection (c) as the Sec-
retary considers appropriate to protect the interests of the
United States.
Subtitle E—Other Matters
SEC. 2851. EXPANSION OF AUTHORITY TO SELL ELEC-
TRICITY.
(a) INCLUSION OF ADDITIONAL ENERGY PRODUCTION
FACILITIES.—Subsection (a) of section 2483 of title 10,
United States Code, is amended by striking out ‘‘alternate
energy and cogeneration type production facilities’’ in the
first sentence and inserting in lieu thereof ‘‘energy produc-
tion facilities’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 2483. Special sale authority regarding electricity’’.
(2) The table of sections at the beginning of chapter
147 of title 10, United States Code, is amended by striking
out the item relating to section 2483 and inserting in lieu
thereof the following new item:
‘‘2483. Special sale authority regarding electricity.’’.
SEC. 2852. AUTHORITY FOR MISSISSIPPI STATE PORT AU-
THORITY TO USE NAVY PROPERTY AT NAVAL
CONSTRUCTION BATTALION CENTER, GULF-
PORT, MISSISSIPPI.
(a) JOINT USE AGREEMENT AUTHORIZED.—The Sec-
retary of the Navy may enter into an agreement with the
498
Port Authority of the State of Mississippi (in this section
referred to as the ‘‘Port Authority’’), under which the Port
Authority may use real property comprising up to 50 acres
located at the Naval Construction Battalion Center, Gulf-
port, Mississippi (in this section referred to as the ‘‘Cen-
ter’’).
(b) TERM OF AGREEMENT.—The agreement authorized
under subsection (a) may be for an initial period of not
more than 15 years. Under the agreement, the Secretary
shall provide the Port Authority with an option to extend
the agreement for at least three additional periods of five
years each.
(c) CONDITIONS ON USE.—The agreement authorized
under subsection (a) shall require the Port Authority—
(1) to suspend operations under the agreement in
the event Navy contingency operations are conducted
at the Center; and
(2) to use the property covered by the agreement
in a manner consistent with Navy operations con-
ducted at the Center.
(d) CONSIDERATION.—(1) As consideration for the use
of the property covered by the agreement under subsection
(a), the Port Authority shall pay to the Navy an amount
equal to the fair market rental value of the property, as
499
determined by the Secretary taking into consideration the
Port Authority’s use of the property.
(2) The Secretary may include a provision in the
agreement requiring the Port Authority—
(A) to pay the Navy an amount (as determined
by the Secretary) to cover the costs of replacing at the
Center any facilities vacated by the Navy on account
of the agreement or to construct suitable replacement
facilities for the Navy; and
(B) to pay the Navy an amount (as determined
by the Secretary) for the costs of relocating Navy op-
erations from the vacated facilities to the replacement
facilities.
(e) CONGRESSIONAL NOTIFICATION.—The Secretary
may not enter into the agreement authorized by subsection
(a) until the end of the 21-day period beginning on the date
on which the Secretary submits to Congress a report con-
taining an explanation of the terms of the proposed agree-
ment and a description of the consideration that the Sec-
retary expects to receive under the agreement.
(f) USE OF PAYMENT.—(1) In such amounts as are
provided in advance in appropriation Acts, the Secretary
may use amounts paid under subsection (d)(1) to pay for
general supervision, administration, and overhead expenses
and for improvement, maintenance, repair, construction, or
500
restoration of the roads, railways, and facilities serving the
Center.
(2) In such amounts as are provided in advance in
appropriation Acts, the Secretary may use amounts paid
under subsection (d)(2) to pay for constructing new facili-
ties, or making modifications to existing facilities, that are
necessary to replace facilities vacated by the Navy on ac-
count of the agreement under subsection (a) and for relocat-
ing operations of the Navy from the vacated facilities to
replacement facilities.
(g) CONSTRUCTION BY PORT AUTHORITY.—The Sec-
retary may authorize the Port Authority to demolish exist-
ing facilities located on the property covered by the agree-
ment under subsection (a) and, consistent with the restric-
tion specified in subsection (c)(2), construct new facilities
on the property for joint use by the Port Authority and
the Navy.
(h) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the agreement authorized under sub-
section (a) as the Secretary considers appropriate to protect
the interests of the United States.
501
SEC. 2853. PROHIBITION ON JOINT CIVIL AVIATION USE OF
NAVAL AIR STATION MIRAMAR, CALIFORNIA.
The Secretary of the Navy may not enter into any
agreement that would provide for or permit civil aircraft
to regularly use Naval Air Station Miramar, California.
SEC. 2854. REPORT REGARDING ARMY WATER CRAFT SUP-
PORT FACILITIES AND ACTIVITIES.
Not later than February 15, 1996, the Secretary of the
Army shall submit to Congress a report describing—
(1) the location, assets, and mission of each
Army facility, active or reserve component, that sup-
ports water transportation operations;
(2) an infrastructure inventory and utilization
rate of each Army facility supporting water transpor-
tation operations;
(3) options for consolidating these operations to
reduce overhead; and
(4) actions that can be taken to affirmatively re-
spond to requests from the residents of Marcus Hook,
Pennsylvania, to close the Army Reserve facility lo-
cated in Marcus Hook and make the facility available
for use by the community.
502
DIVISION C—DEPARTMENT OF
ENERGY NATIONAL
SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS
TITLE 
XXXI—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security
Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) STOCKPILE STEWARDSHIP.—Subject to subsection
(d), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for stockpile
stewardship in carrying out weapons activities necessary
for national security programs in the amount of
$3,610,914,000, to be allocated as follows:
(1) 
For 
core 
stockpile 
stewardship,
$1,189,708,000 for fiscal year 1996, to be allocated as
follows:
(A) 
For 
operation 
and 
maintenance,
$1,098,403,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
503
and 
land 
acquisition 
related 
thereto),
$96,305,000, to be allocated as follows:
Project 96–D–102, stockpile steward-
ship facilities revitalization, Phase VI, var-
ious locations, $2,520,000.
Project 96–D–103, ATLAS, Los Ala-
mos National Laboratory, Los Alamos, New
Mexico, $8,400,000.
Project 96–D–104, processing and en-
vironmental technology laboratory (PETL),
Sandia National Laboratories, Albuquerque,
New Mexico, $1,800,000.
Project 96–D–105, contained firing fa-
cility addition, Lawrence Livermore Na-
tional Laboratory, Livermore, California,
$6,600,000.
Project 95–D–102, Chemical and Met-
allurgy Research Building upgrades project,
Los Alamos National Laboratory, Los Ala-
mos, New Mexico, $9,940,000.
Project 94–D–102, nuclear weapons re-
search, development, and testing facilities
revitalization, Phase V, various locations,
$12,200,000.
504
Project 93–D–102, Nevada support fa-
cility, 
North 
Las 
Vegas, 
Nevada,
$15,650,000.
Project 90–D–102, nuclear weapons re-
search, development, and testing facilities
revitalization, Phase III, various locations,
$6,200,000.
Project 88–D–106, nuclear weapons re-
search, development, and testing facilities
revitalization, Phase II, various locations,
$27,995,000.
(2) For inertial fusion, $240,667,000, to be allo-
cated as follows:
(A) 
For 
operation 
and 
maintenance,
$203,267,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$37,400,000 to be allocated as follows:
Project 96–D–111, national ignition
facility, TBD, $37,400,000.
(3) For technology transfer, $25,000,000.
(4) For Marshall Islands, $6,800,000.
505
(b) STOCKPILE MANAGEMENT.—Subject to subsection
(d), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for stockpile
management in carrying out weapons activities necessary
for national security programs in the amount of
$2,142,083,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$2,028,458,000.
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition, modi-
fication of facilities, and the continuation of projects
authorized in prior years, and land acquisition relat-
ed thereto), $113,625,000, to be allocated as follows:
Project 96–D–122, sewage treatment quality
upgrade (STQU), Pantex Plant, Amarillo,
Texas, $600,000.
Project 96–D–123, retrofit HVAC and
chillers for ozone protection, Y–12 Plant, Oak
Ridge, Tennessee, $3,100,000.
Project 96–D–125, Washington measure-
ments operations facility, Andrews Air Force
Base, Camp Springs, Maryland, $900,000.
Project 96–D–126, tritium loading line
modifications, Savannah River Site, South
Carolina, $12,200,000.
506
Project 95–D–122, sanitary sewer upgrade,
Y–12 Plant, Oak Ridge, Tennessee, $6,300,000.
Project 94–D–124, hydrogen fluoride supply
system, Y–12 Plant, Oak Ridge, Tennessee,
$8,700,000.
Project 94–D–125, upgrade life safety, Kan-
sas 
City 
Plant, 
Kansas 
City, 
Missouri,
$5,500,000.
Project 94–D–127, emergency notification
system, 
Pantex 
Plant, 
Amarillo, 
Texas,
$2,000,000.
Project 94–D–128, environmental safety
and health analytical laboratory, Pantex Plant,
Amarillo, Texas, $4,000,000.
Project 93–D–122, life safety upgrades, Y–
12 Plant, Oak Ridge, Tennessee, $7,200,000.
Project 93–D–123, complex-21, various lo-
cations, $41,065,000.
Project 88–D–122, facilities capability as-
surance program, various locations, $8,660,000.
Project 88–D–123, security enhancement,
Pantex Plant, Amarillo, Texas, $13,400,000.
(c) PROGRAM DIRECTION.—Subject to subsection (d),
funds are hereby authorized to be appropriated to the De-
partment of Energy for fiscal year 1996 for program direc-
507
tion in carrying out weapons activities necessary for na-
tional security programs in the amount of $118,000,000.
(d) ADJUSTMENTS.—The total amount authorized to
be appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (c) reduced by the sum of—
(1) $25,000,000, for savings resulting from pro-
curement reform; and
(2) $86,344,000, for use in prior year balances.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) CORRECTIVE ACTIVITIES.—Subject to subsection
(i), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for corrective
activities in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $3,406,000, all of which shall
be available for the following plant project (including main-
tenance, restoration, planning, construction, acquisition,
modification of facilities, and land acquisition related
thereto):
Project 90–D–103, environment, safety and
health improvements, weapons research and develop-
ment complex, Los Alamos National Laboratory, Los
Alamos, New Mexico.
508
(b) ENVIRONMENTAL RESTORATION.—Subject to sub-
section (i), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1996 for envi-
ronmental restoration in carrying out environmental res-
toration and waste management activities necessary for na-
tional security programs in the amount of $1,575,973,000.
(c) WASTE MANAGEMENT.—Subject to subsection (i),
funds are hereby authorized to be appropriated to the De-
partment of Energy for fiscal year 1996 for waste manage-
ment in carrying out environmental restoration and waste
management activities necessary for national security pro-
grams in the amount of $2,351,596,000, to be allocated as
follows:
(1) 
For 
operation 
and 
maintenance,
$2,168,994,000.
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition, modi-
fication of facilities, and the continuation of projects
authorized in prior years, and land acquisition relat-
ed thereto), $182,602,000, to be allocated as follows:
Project 96–D–406, K-Basin operations pro-
gram, Richland, Washington, $26,000,000.
Project 96–D–407, mixed waste low level
waste treatment projects, Rocky Flats, Golden,
Colorado, $2,900,000.
509
Project 96–D–408, waste management up-
grades, various locations, $5,615,000.
Project 95–D–402, install permanent elec-
trical service for the Waste Isolation Pilot Plant,
Carlsbad, New Mexico, $4,314,000.
Project 95–D–405, industrial landfill V and
construction/demolition landfill VII, Phase III,
Y–12 Plant, Oak Ridge, Tennessee, $4,600,000.
Project 95–D–406, road 5–01 reconstruc-
tion, area 5, Nevada Test Site, Nevada,
$1,023,000.
Project 
94–D–400, 
high 
explosive
wastewater treatment system, Los Alamos Na-
tional Laboratory, Los Alamos, New Mexico,
$4,445,000.
Project 94–D–402, liquid waste treatment
system, Nevada Test Site, Nevada, $282,000.
Project 94–D–404, Melton Valley storage
tanks capacity increase, Oak Ridge National
Laboratory, Oak Ridge, Tennessee, $11,000,000.
Project 94–D–407, initial tank retrieval
systems, Richland, Washington, $9,400,000.
Project 94–D–411, solid waste operations
complex 
project, 
Richland, 
Washington,
$5,500,000.
510
Project 94–D–417, intermediate level and
low activity waste vaults, Savannah River Site,
Aiken, South Carolina, $2,704,000.
Project 93–D–178, building 374 liquid
waste treatment facility, Rocky Flats Environ-
mental 
Technology 
Site, 
Golden, 
Colorado,
$3,900,000.
Project 93–D–182, replacement of cross-site
transfer 
system, 
Richland, 
Washington,
$19,795,000.
Project 93–D–183, multi-function waste re-
mediation 
facility, 
Richland, 
Washington,
$31,000,000.
Project 93–D–187, high-level waste removal
from filled waste tanks, Savannah River Site,
Aiken, South Carolina, $19,700,000.
Project 92–D–171, mixed waste receiving
and storage facility, Los Alamos National Lab-
oratory, Los Alamos, New Mexico, $1,105,000.
Project 92–D–188, waste management envi-
ronmental, safety and health (ES&H) and com-
pliance activities, various locations, $1,100,000.
Project 90–D–172, aging waste transfer
lines, Richland, Washington, $2,000,000.
511
Project 
90–D–177, 
RWMC 
transuranic
(TRU) waste characterization and storage facil-
ity, Idaho National Engineering Laboratory,
Idaho, $1,428,000.
Project 90–D–178, TSA retrieval enclosure,
Idaho National Engineering Laboratory, Idaho,
$2,606,000.
Project 89–D–173, tank farm ventilation
upgrade, Richland, Washington, $800,000.
Project 89–D–174, replacement high-level
waste evaporator, Savannah River Site, Aiken,
South Carolina, $11,500,000.
Project 86–D–103, decontamination and
waste treatment facility, Lawrence Livermore
National Laboratory, Livermore, California,
$8,885,000.
Project 83–D–148, nonradioactive hazard-
ous waste management, Savannah River Site,
Aiken, South Carolina, $1,000,000.
(d) TECHNOLOGY DEVELOPMENT.—Subject to sub-
section (i), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1996 for tech-
nology development in carrying out environmental restora-
tion and waste management activities necessary for na-
tional security programs in the amount of $390,510,000.
512
(e) TRANSPORTATION MANAGEMENT.—Subject to sub-
section (i), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1996 for trans-
portation management in carrying out environmental res-
toration and waste management activities necessary for na-
tional security programs in the amount of $10,158,000.
(f) NUCLEAR MATERIALS AND FACILITIES STABILIZA-
TION.—Subject to subsection (i), funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1996 for nuclear materials and facilities sta-
bilization in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $1,514,504,000 to be allocated
as follows:
(1) 
For 
operation 
and 
maintenance,
$1,427,108,000.
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition, modi-
fication of facilities, and the continuation of projects
authorized in prior years, and land acquisition relat-
ed thereto), $87,396,000, to be allocated as follows:
Project 96–D–458, site drainage control,
Mound Plant, Miamisburg, Ohio, $885,000.
Project 96–D–461, Idaho National Engi-
neering Laboratory electrical distribution up-
513
grade, Idaho National Engineering Laboratory,
Idaho, $1,539,000.
Project 96–D–462, health physics instru-
ment laboratory, Idaho National Engineering
Laboratory, Idaho, $1,126,000.
Project 96–D–464, electrical and utility sys-
tems upgrade, Idaho Chemical Processing Plant,
Idaho National Engineering Laboratory, Idaho,
$4,952,000.
Project 96–D–470, environmental monitor-
ing laboratory, Savannah River Site, Aiken,
South Carolina, $3,500,000.
Project 96–D–471, CFC HVAC/chiller retro-
fit, Savannah River Site, Aiken, South Carolina,
$1,500,000.
Project 96–D–473, health physics site sup-
port facility, Savannah River Site, Aiken, South
Carolina, $2,000,000.
Project 95–D–155, upgrade site road infra-
structure, Savannah River site, Aiken, South
Carolina, $2,900,000.
Project 95–D–156, radio trunking system,
Savannah River site, Aiken, South Carolina,
$6,000,000.
514
Project 95–D–454, 324 facility compliance/
renovation, Richland, Washington, $3,500,000.
Project 95–D–456, security facilities con-
solidation, Idaho Chemical Processing Plant,
Idaho National Engineering Laboratory, Idaho,
$8,382,000.
Project 94–D–122, underground storage
tanks, Rocky Flats Plant, Golden, Colorado,
$5,000,000.
Project 94–D–401, emergency response facil-
ity, Idaho National Engineering Laboratory,
Idaho, $5,074,000.
Project 94–D–412, 300 area process sewer
piping system upgrade, Richland, Washington,
$1,000,000.
Project 94–D–415, Idaho National Engi-
neering Laboratory medical facilities, Idaho Na-
tional 
Engineering 
Laboratory, 
Idaho,
$3,601,000.
Project 94–D–451, infrastructure replace-
ment, Rocky Flats Plant, Golden, Colorado,
$2,940,000.
Project 93–D–147, domestic water system
upgrade, Phase I and II, Savannah River Site,
Aiken, South Carolina, $7,130,000.
515
Project 93–D–172, Idaho National Engi-
neering Laboratory electrical upgrade, Idaho Na-
tional Engineering Laboratory, Idaho, $124,000.
Project 92–D–123, plant fire/security alarm
system replacement, Rocky Flats Plant, Golden,
Colorado, $9,560,000.
Project 92–D–125, master safeguards and
security agreement/materials surveillance task
force security upgrades, Rocky Flats Plant, Gold-
en, Colorado, $7,000,000.
Project 92–D–181, Idaho National Engi-
neering Laboratory fire and life safety improve-
ments, Idaho National Engineering Laboratory,
Idaho, $6,883,000.
Project 91–D–127, criticality alarm and
plant annunciation utility replacement, Rocky
Flats Plant, Golden, Colorado, $2,800,000.
(g) COMPLIANCE
AND PROGRAM COORDINATION.—
Subject to subsection (i), funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year
1996 for compliance and program coordination in carrying
out environmental restoration and waste management ac-
tivities necessary for national security programs in the
amount of $31,251,000, to be allocated as follows:
516
(1) 
For 
operation 
and 
maintenance,
$16,251,000.
(2) For the following plant project (including
maintenance, restoration, planning, construction, ac-
quisition, modification of facilities, and the continu-
ation of projects authorized in prior years, and land
acquisition related thereto):
Project 95–E–600, hazardous materials
management and emergency response training
center, Richland, Washington, $15,000,000.
(h) ANALYSIS, EDUCATION, 
AND
RISK
MANAGE-
MENT.—Subject to subsection (i), funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1996 analysis, education, and risk management
in carrying out environmental restoration and waste man-
agement activities necessary for national security programs
in the amount of $77,022,000.
(i) ADJUSTMENTS.—The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts specified in subsections (a) through (h) reduced by
the sum of—
(1) $651,942,000, for use of prior year balances;
and
(2) $37,000,000 for Savannah River Pension Re-
fund.
517
SEC. 3103. PAYMENT OF PENALTIES.
The Secretary of Energy may pay to the Hazardous
Substance Superfund established under section 9507 of the
Internal Revenue Code of 1986 (26 U.S.C. 9507), from
funds appropriated to the Department of Energy for envi-
ronmental restoration and waste management activities
pursuant to section 3102, stipulated civil penalties assessed
under the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) in the amount of $350,000 assessed against the Rocky
Flats site, Colorado, under such Act.
SEC. 3104. OTHER DEFENSE ACTIVITIES.
(a) OTHER DEFENSE ACTIVITIES.—Subject to sub-
section (b), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1996 for other
defense activities in carrying out programs necessary for
national security in the amount of $1,328,841,000, to be
allocated as follows:
(1) For verification and control technology,
$353,200,000, to be allocated as follows:
(A) For nonproliferation and verification
research and development, $163,500,000.
(B) For arms control, $147,364,000.
(C) For intelligence, $42,336,000.
(2) 
For 
nuclear 
safeguards 
and 
security,
$83,395,000.