H. R. 4200—316
‘‘(d) REQUIREMENTS FOR REPLACEMENT FACILITIES.—The Sec-
retary of a military department may not accept a replacement
facility, or addition to an existing facility, to be acquired by the
United States in an exchange carried out using the authority pro-
vided by this section until that Secretary determines that the facility
or addition—
‘‘(1) is complete and usable, fully functional, and ready
for occupancy;
‘‘(2) satisfies all operational requirements; and
‘‘(3) meets all applicable Federal, State, and local require-
ments relating to health, safety, fire, and the environment.
‘‘(e) CONSULTATION REQUIREMENTS.—The Secretary of a mili-
tary department authorized to enter into an agreement under sub-
section (a) to convey an existing facility under the control of that
Secretary by exchange shall consult with representatives of other
reserve components to evaluate—
‘‘(1) the value of using the facility to meet the military
requirements of another reserve component, instead of con-
veying the facility under this section; and
‘‘(2) the feasibility of using the conveyance of the facility
to acquire a facility, or an addition to an existing facility,
that would be jointly used by more than one reserve component
or unit.
‘‘(f) ADVANCE NOTICE OF PROPOSED EXCHANGE.—(1) When a
decision is made to enter into an agreement under subsection (a)
to exchange a facility using the authority provided by this section,
the Secretary of the military department authorized to enter into
the agreement shall submit to the congressional defense committees
a report on the proposed agreement. The report shall include the
following:
‘‘(A) A description of the agreement, including the terms
and conditions of the agreement, the parties to be involved
in the agreement, the origin of the proposal that lead to the
agreement, the intended use of the facility to be conveyed
by the United States under the agreement, and any costs
to be incurred by the United States to make the exchange
under the agreement.
‘‘(B) A description of the facility to be conveyed by the
United States under the agreement, including the current
condition and fair market value of the facility, and a description
of the method by which the fair market value of the facility
was determined.
‘‘(C) Information on the facility, or addition to an existing
facility, to be acquired by the United States under the agree-
ment and the intended use of the facility or addition, which
shall meet requirements for information provided to Congress
for military construction projects to obtain a similar facility
or addition to an existing facility.
‘‘(D) A certification that the Secretary complied with the
consultation requirements under subsection (e).
‘‘(E) A certification that the conveyance of the facility under
the agreement is in the best interests of the United States
and that the Secretary used competitive procedures to the
maximum extent practicable to protect the interests of the
United States.
‘‘(2) The agreement described in a report prepared under para-
graph (1) may be entered into, and the exchange covered by the
H. R. 4200—317
agreement made, only after the end of the 30-day period beginning
on the date the report is received by the congressional defense
committees or, if earlier, the end of the 21-day period beginning
on the date on which a copy of the report is provided in an electronic
medium pursuant to section 480 of this title.
‘‘(3) Section 2662 of this title shall not apply to an exchange
carried out using the authority provided by this section.
‘‘(g) RELATION TO OTHER MILITARY CONSTRUCTION REQUIRE-
MENTS.—The acquisition of a facility, or an addition to an existing
facility, using the authority provided by this section shall not be
treated as a military construction project for which an authorization
is required by section 2802 of this title.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘18240. Acquisition of facilities by exchange.’’.
(b) CONFORMING AMENDMENT.—Section 18233(f)(2) of such title
is amended by striking ‘‘gift, exchange of Government-owned land,
or otherwise’’ and inserting ‘‘or gift’’.
(c) TEMPORARY AUTHORITY
TO INCLUDE CASH EQUALIZATION
PAYMENTS
IN EXCHANGE.—(1) Notwithstanding subsection (c) of
section 18240 of title 10, United States Code, as added by subsection
(a), the Secretary of Defense may authorize the Secretary of a
military department, as part of an exchange agreement under such
section, to make or accept a cash equalization payment if the
value of the facility, or addition to an existing facility, to be acquired
by the United States under the agreement is not equal to the
fair market value of the facility to be conveyed by the United
States under the agreement. All other requirements of such section
shall continue to apply to the exchange.
(2) Cash equalization payments received by the Secretary of
a military department under this subsection shall be deposited
in a separate account in the Treasury. Amounts in the account
shall be available to the Secretary of Defense, without further
appropriation and until expended, for transfer to the Secretary
of a military department—
(A) to make any cash equalization payments required to
be made by the United States in connection with an exchange
agreement covered by this subsection, and the account shall
be the only source for such payments; and
(B) to cover costs associated with the maintenance, protec-
tion, alteration, repair, improvement, or restoration (including
environmental restoration) of facilities, and additions to existing
facilities, acquired using an exchange agreement covered by
this subsection.
(3) Not more than 15 exchange agreements under section 18240
of title 10, United States Code, may include the exception for
cash equalization payments authorized by this subsection. Of those
15 exchange agreements, not more than eight may be for the
same reserve component.
(4) In this section, the term ‘‘facility’’ has the meaning given
that term in section 18232(2) of title 10, United States Code.
(5) No cash equalization payment may be made or accepted
under the authority of this subsection after September 30, 2007.
Except as otherwise specifically authorized by law, the authority
provided by this subsection to make or accept cash equalization
payments in connection with the acquisition or disposal of facilities
H. R. 4200—318
of the reserve components is the sole authority available in law
to the Secretary of Defense or the Secretary of a military depart-
ment for that purpose.
(6) Not later than March 1, 2008, the Secretary of Defense
shall submit to the congressional defense committees a report on
the exercise of the authority provided by this subsection. The report
shall include the following:
(A) A description of the exchange agreements under section
18240 of title 10, United States Code, that included the
authority to make or accept cash equalization payments.
(B) A description of the analysis and criteria used to select
such agreements for inclusion of the authority to make or
accept cash equalization payments.
(C) An assessment of the utility to the Department of
Defense of the authority, including recommendations for modi-
fications of such authority in order to enhance the utility of
such authority for the Department.
(D) An assessment of interest in the future use of the
authority, in the event the authority is extended.
(E) An assessment of the advisability of making the
authority, including any modifications of the authority rec-
ommended under subparagraph (C), permanent.
SEC. 
2810. 
ONE-YEAR 
EXTENSION 
OF 
TEMPORARY, 
LIMITED
AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE
UNITED STATES.
Section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat.
1723) is amended—
(1) in subsection (a), by inserting ‘‘and, subject to subsection
(d)(2), fiscal year 2005’’ after ‘‘During fiscal year 2004’’;
(2) in subsection (c)(1), by striking ‘‘in fiscal year 2004’’
and inserting ‘‘in a fiscal year’’; and
(3) in subsection (d)—
(A) by inserting ‘‘(1)’’ before ‘‘Not later than’’;
(B) by striking ‘‘fiscal year 2004,’’ and inserting ‘‘fiscal
years 2004 and 2005,’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) The ability to use this section as authority during fiscal
year 2005 to obligate appropriated funds available for operation
and maintenance to carry out construction projects outside the
United States shall commence only after the date on which the
Secretary of Defense submits to the congressional committees speci-
fied in subsection (f) all of the quarterly reports that were required
under paragraph (1) for fiscal year 2004.’’.
SEC. 2811. CONSIDERATION OF COMBINATION OF MILITARY MEDICAL
TREATMENT FACILITIES AND HEALTH CARE FACILITIES
OF DEPARTMENT OF VETERANS AFFAIRS.
(a) DEPARTMENT
OF
DEFENSE
CONSIDERATION
OF
JOINT
CONSTRUCTION.—When 
considering 
any 
military 
construction
project for the construction of a new military medical treatment
facility in the United States or a territory or possession of the
United States, the Secretary of Defense shall consult with the
Secretary of Veterans Affairs regarding the feasibility of carrying
out a joint project to construct a medical facility that—
H. R. 4200—319
(1) could serve as a facility for health-resources sharing
between the Department of Defense and the Department of
Veterans Affairs; and
(2) would be no more costly to each Department to construct
and operate than separate facilities for each Department.
(b) DEPARTMENT
OF VETERANS AFFAIRS CONSIDERATION
OF
JOINT CONSTRUCTION.—When considering the construction of a new
or replacement medical facility for the Department of Veterans
Affairs, the Secretary of Veterans Affairs shall consult with the
Secretary of Defense regarding the feasibility of carrying out a
joint project to construct a medical facility that—
(1) could serve as a facility for health-resources sharing
between the Department of Veterans Affairs and the Depart-
ment of Defense; and
(2) would be no more costly to each Department to construct
and operate than separate facilities for each Department.
Subtitle B—Real Property and Facilities
Administration
SEC. 2821. REORGANIZATION OF EXISTING ADMINISTRATIVE PROVI-
SIONS RELATING TO REAL PROPERTY TRANSACTIONS.
(a) LIMITATION ON COMMISSIONS.—(1) Section 2661 of title 10,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(c) COMMISSIONS ON LAND PURCHASE CONTRACTS.—The max-
imum amount payable as a commission on a contract for the pur-
chase of land from funds appropriated for the Department of
Defense is two percent of the purchase price.’’.
(2) Section 2666 of such title is repealed.
(b) REPEAL OF OBSOLETE AUTHORITY TO ACQUIRE LAND FOR
TIMBER PRODUCTION.—Section 2664 of such title is repealed.
(c) CONSOLIDATION OF CERTAIN PROVISIONS ON USE OF FACILI-
TIES.—(1) Section 2670 of such title is amended by adding at the
end the following new subsection:
‘‘(c) USE
OF SPACE
AND EQUIPMENT
BY VETERANS SERVICE
ORGANIZATIONS.—(1) Upon certification to the Secretary concerned
by the Secretary of Veterans Affairs, the Secretary concerned shall
allow accredited, paid, full-time representatives of the organizations
named in section 5902 of title 38, or of other organizations recog-
nized by the Secretary of Veterans Affairs, to function on military
installations under the jurisdiction of the Secretary concerned that
are on land and from which persons are discharged or released
from active duty.
‘‘(2) The commanding officer of a military installation allowing
representatives to function on the installation under paragraph
(1) shall allow the representatives to use available space and equip-
ment at the installation.
‘‘(3) This subsection does not authorize the violation of measures
of military security.’’.
(2) Section 2679 of such title is repealed.
(3) The regulations prescribed to carry out section 2679 of
title 10, United States Code, as in effect on the day before the
date of the enactment of this Act, shall remain in effect with
regard to section 2670(c) of such title, as added by paragraph
(1), until changed by joint action of the Secretary concerned (as
H. R. 4200—320
defined in section 101(9) of such title) and the Secretary of Veterans
Affairs.
(d) AVAILABILITY
OF FUNDS
FOR ACQUISITION
OF CERTAIN
INTERESTS IN REAL PROPERTY.—(1) Section 2672 of such title is
amended by adding at the end the following new subsection:
‘‘(d) AVAILABILITY OF FUNDS.—Appropriations available to the
Department of Defense for operation and maintenance or construc-
tion may be used for the acquisition of land or interests in land
under this section.’’.
(2) Section 2673 of such title is repealed.
(3) Section 2675 of such title is amended—
(A) by inserting ‘‘(a) LEASE AUTHORITY; DURATION.—’’
before ‘‘The Secretary’’; and
(B) by adding at the end the following new subsection:
‘‘(b) AVAILABILITY OF FUNDS.—Appropriations available to the
Department of Defense for operation and maintenance or construc-
tion may be used for the acquisition of interests in land under
this section.’’.
(e) STYLISTIC AND CLERICAL AMENDMENTS.—(1) Section 2661
of such title is further amended—
(A) in subsection (a), by inserting ‘‘AVAILABILITY OF OPER-
ATION AND MAINTENANCE FUNDS.—’’ after ‘‘(a)’’; and
(B) in subsection (b), by inserting ‘‘LEASING
AND ROAD
MAINTENANCE AUTHORITY.—’’ after ‘‘(b)’’.
(2) The heading of section 2670 of such title is amended to
read as follows:
‘‘§ 2670. Use of facilities by private organizations; use as
polling places’’.
(3) The table of sections at the beginning of chapter 159 of
such title is amended—
(A) by striking the items relating to sections 2664, 2666,
2673, and 2679; and
(B) by striking the item relating to section 2670 and
inserting the following new item:
‘‘2670. Use of facilities by private organizations; use as polling places.’’.
SEC. 2822. DEVELOPMENT OF HERITAGE CENTER FOR THE NATIONAL
MUSEUM OF THE UNITED STATES ARMY.
(a) AUTHORITY TO ENTER INTO AGREEMENT FOR DEVELOPMENT
OF CENTER.—Chapter 449 of title 10, United States Code, is
amended by inserting after section 4771 the following new section:
‘‘§ 4772. Heritage Center for the National Museum of the
United States Army: development and operation
‘‘(a) AGREEMENT FOR DEVELOPMENT OF CENTER.—The Secretary
of the Army may enter into an agreement with the Army Historical
Foundation, a nonprofit organization, for the design, construction,
and operation of a facility or group of facilities at Fort Belvoir,
Virginia, for the National Museum of the United States Army.
The facility or group of facilities constructed pursuant to the agree-
ment shall be known as the Heritage Center for the National
Museum of the United States Army (in this section referred to
as the ‘Center’).
‘‘(b) PURPOSE OF CENTER.—The Center shall be used for the
identification, curation, storage, and public viewing of artifacts and
artwork of significance to the United States Army, as agreed to
H. R. 4200—321
by the Secretary of the Army. The Center may also be used to
support such education, training, research, and associated purposes
as the Secretary considers appropriate.
‘‘(c) DESIGN AND CONSTRUCTION.—(1) The design of the Center
shall be subject to the approval of the Secretary of the Army.
‘‘(2) For each phase of the development of the Center, the
Secretary may—
‘‘(A) accept funds from the Army Historical Foundation
for the design and construction of such phase of the Center;
or
‘‘(B) permit the Army Historical Foundation to contract
for the design and construction of such phase of the Center.
‘‘(d) ACCEPTANCE BY SECRETARY.—Upon the satisfactory comple-
tion, as determined by the Secretary of the Army, of any phase
of the Center, and upon the satisfaction of any financial obligations
incident to such phase of the Center by the Army Historical Founda-
tion, the Secretary shall accept such phase of the Center from
the Army Historical Foundation, and all right, title, and interest
in and to such phase of the Center shall vest in the United States.
Upon becoming the property of the United States, the Secretary
shall assume administrative jurisdiction over the Center.
‘‘(e) USE OF CERTAIN GIFTS.—(1) Under regulations prescribed
by the Secretary of the Army, the Commander of the United States
Army Center of Military History may, without regard to section
2601 of this title, accept, hold, administer, invest, and spend any
gift, devise, or bequest of personal property of a value of $250,000
or less made to the United States if such gift, devise, or bequest
is for the benefit of the National Museum of the United States
Army or the Center.
‘‘(2) The Secretary may pay or authorize the payment of any
reasonable and necessary expense in connection with the convey-
ance or transfer of a gift, devise, or bequest under this subsection.
‘‘(f) LEASE OF FACILITY.—(1) Under such terms and conditions
as the Secretary of the Army considers appropriate, the Secretary
may lease portions of the Center to the Army Historical Foundation
to be used by the Foundation, consistent with the purpose of the
Center, for—
‘‘(A) generating revenue for activities of the Center through
rental use by the public, commercial and nonprofit entities,
State and local governments, and other Federal agencies; and
‘‘(B) such administrative purposes as may be necessary
for the support of the Center.
‘‘(2) The annual amount of consideration paid to the Secretary
by the Army Historical Foundation for a lease under paragraph
(1) may not exceed an amount equal to the actual cost, as deter-
mined by the Secretary, of the annual operations and maintenance
of the Center.
‘‘(3) Notwithstanding any other provision of law, the Secretary
shall use amounts paid under paragraph (2) to cover the costs
of operation of the Center.
‘‘(g) ADDITIONAL TERMS
AND CONDITIONS.—The Secretary of
the Army may require such additional terms and conditions in
connection with the agreement authorized by subsection (a) as
the Secretary considers appropriate to protect the interests of the
United States.’’.
H. R. 4200—322
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 4771 the following new item:
‘‘4772. Heritage Center for the National Museum of the United States Army: devel-
opment and operation.’’.
SEC. 2823. ELIMINATION OF REVERSIONARY INTERESTS CLOUDING
UNITED STATES TITLE TO PROPERTY USED AS NAVY
HOMEPORTS.
(a) AUTHORITY TO ACQUIRE COMPLETE TITLE.—If real property
owned by the United States and used as a Navy homeport is
subject to a reversionary interest of any kind, the Secretary of
the Navy may enter into an agreement with the holder of the
reversionary interest to acquire the reversionary interest and
thereby secure for the United States all right, title, and interest
in and to the property.
(b) AUTHORIZED CONSIDERATION.—(1) As consideration for the
acquisition of a reversionary interest under subsection (a), the Sec-
retary shall provide the holder of the reversionary interest with
in-kind consideration, to be determined pursuant to negotiations
between the Secretary and the holder of the reversionary interest.
(2) In determining the type and value of any in-kind consider-
ation to be provided for the acquisition of a reversionary interest
under subsection (a), the Secretary shall take into account the
nature of the reversionary interest, including whether it would
require the holder of the reversionary interest to pay for any
improvements acquired by the holder as part of the reversion of
the real property, and the long-term use and ultimate disposition
of the real property if the United States were to acquire all right,
title, and interest in and to the real property subject to the rever-
sionary interest.
(c) PROHIBITED
CONSIDERATION.—Cash payments are not
authorized to be made as consideration for the acquisition of a
reversionary interest under subsection (a).
Subtitle C—Base Closure and Realignment
SEC. 2831. ESTABLISHMENT OF SPECIFIC DEADLINE FOR SUBMISSION
OF REVISIONS TO FORCE-STRUCTURE PLAN AND INFRA-
STRUCTURE INVENTORY.
Section 2912(a)(4) 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 striking ‘‘as part of the budget
justification documents submitted to Congress for fiscal year 2006.’’
and inserting the following: ‘‘not later than March 15, 2005. For
purposes of selecting military installations for closure or realign-
ment under this part in 2005, no revision of the force-structure
plan or infrastructure inventory is authorized after that date.’’.
SEC. 2832. SPECIFICATION OF FINAL SELECTION CRITERIA FOR 2005
BASE CLOSURE ROUND.
Section 2913 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 to read as follows:
H. R. 4200—323
‘‘SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF
BASE CLOSURES AND REALIGNMENTS.
‘‘(a) FINAL SELECTION CRITERIA.—The final criteria to be used
by the Secretary in making recommendations for the closure or
realignment of military installations inside the United States under
this part in 2005 shall be the military value and other criteria
specified in subsections (b) and (c).
‘‘(b) MILITARY VALUE CRITERIA.—The military value criteria
are as follows:
‘‘(1) The current and future mission capabilities and the
impact on operational readiness of the total force of the Depart-
ment of Defense, including the impact on joint warfighting,
training, and readiness.
‘‘(2) The availability and condition of land, facilities, and
associated airspace (including training areas suitable for
maneuver by ground, naval, or air forces throughout a diversity
of climate and terrain areas and staging areas for the use
of the Armed Forces in homeland defense missions) at both
existing and potential receiving locations.
‘‘(3) The ability to accommodate contingency, mobilization,
surge, and future total force requirements at both existing
and potential receiving locations to support operations and
training.
‘‘(4) The cost of operations and the manpower implications.
‘‘(c) OTHER CRITERIA.—The other criteria that the Secretary
shall use in making recommendations for the closure or realignment
of military installations inside the United States under this part
in 2005 are as follows:
‘‘(1) The extent and timing of potential costs and savings,
including the number of years, beginning with the date of
completion of the closure or realignment, for the savings to
exceed the costs.
‘‘(2) The economic impact on existing communities in the
vicinity of military installations.
‘‘(3) The ability of the infrastructure of both the existing
and potential receiving communities to support forces, missions,
and personnel.
‘‘(4) The environmental impact, including the impact of
costs related to potential environmental restoration, waste
management, and environmental compliance activities.
‘‘(d) PRIORITY GIVEN TO MILITARY VALUE.—The Secretary shall
give priority consideration to the military value criteria specified
in subsection (b) in the making of recommendations for the closure
or realignment of military installations.
‘‘(e) EFFECT
ON DEPARTMENT
AND OTHER AGENCY COSTS.—
The selection criteria relating to the cost savings or return on
investment from the proposed closure or realignment of military
installations shall take into account the effect of the proposed
closure or realignment on the costs of any other activity of the
Department of Defense or any other Federal agency that may
be required to assume responsibility for activities at the military
installations.
‘‘(f) RELATION TO OTHER MATERIALS.—The final selection cri-
teria specified in this section shall be the only criteria to be used,
along with the force-structure plan and infrastructure inventory
referred to in section 2912, in making recommendations for the
H. R. 4200—324
closure or realignment of military installations inside the United
States under this part in 2005.
‘‘(g) RELATION
TO CRITERIA
FOR EARLIER ROUNDS.—Section
2903(b), and the selection criteria prepared under such section,
shall not apply with respect to the process of making recommenda-
tions for the closure or realignment of military installations in
2005.’’.
(c) CONFORMING AMENDMENTS.—The Defense Base Closure and
Realignment Act of 1990 is amended—
(1) in section 2912(c)(1)(A), by striking ‘‘criteria prepared
under section 2913’’ and inserting ‘‘criteria specified in section
2913’’; and
(2) in section 2914(a), by striking ‘‘criteria prepared by
the Secretary under section 2913’’ and inserting ‘‘criteria speci-
fied in section 2913’’.
SEC. 2833. REPEAL OF AUTHORITY OF SECRETARY OF DEFENSE TO
RECOMMEND THAT INSTALLATIONS BE PLACED IN INAC-
TIVE STATUS.
Section 2914 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 striking subsection (c).
SEC. 2834. VOTING REQUIREMENTS FOR DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION TO ADD TO OR OTHERWISE
EXPAND CLOSURE AND REALIGNMENT RECOMMENDA-
TIONS MADE BY SECRETARY OF DEFENSE.
Subsection (d) of section 2914 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 section 3003 of the
Military Construction Authorization Act for Fiscal Year 2002 (divi-
sion B of Public Law 107–107; 115 Stat, 1346) and amended by
section 2854 of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat.
2728), is amended—
(1) in paragraph (3), by striking ‘‘TO ADD’’ and inserting
‘‘TO CONSIDER ADDITIONS’’; and
(2) by striking paragraph (5) and inserting the following
new paragraph:
‘‘(5) REQUIREMENTS TO EXPAND CLOSURE OR REALIGNMENT
RECOMMENDATIONS.—In the report required under section
2903(d)(2)(A) that is to be transmitted under paragraph (1),
the Commission may not make a change in the recommenda-
tions of the Secretary that would close a military installation
not recommended for closure by the Secretary, would realign
a military installation not recommended for closure or realign-
ment by the Secretary, or would expand the extent of the
realignment of a military installation recommended for realign-
ment by the Secretary unless—
‘‘(A) at least two members of the Commission visit
the military installation before the date of the transmittal
of the report; and
‘‘(B) the decision of the Commission to make the change
to recommend the closure of the military installation, the
realignment of the installation, or the expanded realign-
ment of the installation is supported by at least seven
members of the Commission.’’.
H. R. 4200—325
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2841. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION
PLANT, KANSAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army, in
consultation with the Administrator of General Services, may
convey to an entity selected by the Board of Commissioners of
Johnson County, Kansas (in this section referred to as the ‘‘entity’’
and the ‘‘Board’’, respectively), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 9,065 acres and
containing the Sunflower Army Ammunition Plant. The purpose
of the conveyance is to facilitate the re-use of the property for
economic development and revitalization.
(b) CONSIDERATION.—(1) As consideration for the conveyance
under subsection (a), the entity shall provide the United States,
whether by cash payment, in-kind consideration, or a combination
thereof, an amount that is not less than the fair market value
of the conveyed property, as determined by an appraisal of the
property acceptable to the Administrator and the Secretary. As
a form of in-kind consideration for the conveyance of the property,
the Secretary may authorize the entity to carry out environmental
remediation activities for the conveyed property.
(2) Cash consideration received under paragraph (1) shall be
deposited in the special account in the Treasury established under
subsection (b) of section 572 of title 40, United States Code, and
shall be available in accordance with paragraph (5)(B)(i) of such
subsection.
(c) 
CONSTRUCTION
WITH
PREVIOUS
LAND
CONVEYANCE
AUTHORITY.—The conveyance authority provided by subsection (a)
is in addition to the conveyance authority provided by section 2823
of the Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107–314; 116 Stat. 2712) to convey a
portion of the Sunflower Army Ammunition Plant to the Johnson
County Park and Recreation District.
(d) AGREEMENTS CONCERNING ENVIRONMENTAL REMEDIATION
AND EXPLOSIVES CLEANUP.—(1) The Secretary, in consultation with
the Administrator, may enter into a multi-year cooperative agree-
ment or contract with the entity for the environmental remediation
and explosives cleanup of the conveyed property, and may utilize
amounts authorized to be appropriated to the Secretary for purposes
of environmental remediation and explosives cleanup under the
agreement or contract.
(2) The cooperative agreement or contract may provide for
advance payments on an annual basis or for payments on a perform-
ance basis. Payments may be made over a period of time agreed
to by the Secretary and the entity or for such time as may be
necessary to perform the environmental remediation and explosives
cleanup of the property, including any long-term operation and
maintenance requirements.
(e) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the entity 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), including survey
H. R. 4200—326
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the entity 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 entity.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary 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 purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(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 satisfactory to the Secretary
and the Administrator.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary and
the Administrator may require such additional terms and conditions
in connection with the conveyance of real property under subsection
(a), and the environmental remediation and explosives cleanup
under subsection (d), as the Secretary and the Administrator jointly
consider appropriate to protect the interests of the United States.
SEC. 2842. LAND EXCHANGE, FORT CAMPBELL, KENTUCKY AND TEN-
NESSEE.
(a) LAND EXCHANGE AUTHORIZED.—In exchange for the real
property described in subsection (b), the Secretary of the Army
may convey to Bi-County Solid Waste Management System, a local
government agency (in this section referred to as ‘‘Bi-County’’),
all right, title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, consisting
of approximately 358 acres located at Fort Campbell in Montgomery
County, Tennessee, for the purpose of permitting Bi-County to
expand a landfill facility.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), Bi-County shall convey to the United States all
right, title, and interest of Bi-County in and to a parcel of real
property consisting of approximately 670 acres located adjacent
to Fort Campbell in Trigg County, Kentucky, and Stewart County,
Tennessee. The Secretary shall have jurisdiction over the real prop-
erty received under this subsection.
(c) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that Bi-County construct
a fence, acceptable to the Secretary, consisting of at least six-
foot high, nine-gauge chain-link and three-strand barbed wire along
the boundary between Fort Campbell and the real property con-
veyed under subsection (a).
(d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require Bi-County to cover costs to be incurred by the Sec-
retary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyances under this section, including
survey costs, costs related to environmental documentation, and
other administrative costs related to the conveyances. If amounts
are collected from Bi-County in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs actually
H. R. 4200—327
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to Bi-County.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyances.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under this section shall
be determined by surveys satisfactory to the Secretary and Bi-
County.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 2843. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT,
DOYLINE, LOUISIANA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the State of Louisiana (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 thereon, consisting of approximately 14,949 acres
located at the Louisiana Army Ammunition Plant, Doyline, Lou-
isiana.
(b) CONDITIONS OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the following conditions:
(1) That at least 13,500 acres of the real property conveyed
under such subsection is maintained by the State for the pur-
pose of military training, unless the Secretary determines that
fewer acres are required for such purpose.
(2) That the State ensure that any other uses made of
the conveyed property do not adversely impact such military
training.
(3) That the State accommodate the use of the conveyed
property, at no cost or fee, for meeting the present and future
training needs of units of the Armed Forces, including units
of the Louisiana National Guard and the other active and
reserve components of the Armed Forces.
(4) That the State assume the rights and responsibilities
of the Department of the Army under the armaments retooling
manufacturing support agreement between the Department of
the Army and the facility use contractor with respect to the
Louisiana Army Ammunition Plant, in accordance with the
terms of such agreement in effect at the time of the conveyance.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the State 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), 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 Secretary
shall refund the excess amount to the State.
H. R. 4200—328
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary 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 purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(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 satisfactory to the Secretary.
The cost of the survey shall be borne by the State.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 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. 2844. LAND CONVEYANCE, FORT LEONARD WOOD, MISSOURI.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the State of Missouri (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
improvements thereon, consisting of approximately 227.7 acres at
Fort Leonard Wood, Missouri, for the purpose of permitting the
State to establish on the property a State-operated cemetery for
veterans of the Armed Forces.
(b) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the conveyance
specified in such subsection, 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 immediate entry onto the property. 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) The Secretary
may require the State 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), 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 State to carry out the conveyance, the Secretary
shall refund the excess amount to the State. The authority of
the Secretary to require the State to cover administrative costs
related to the conveyance does not include costs related to any
environmental remediation required for the property.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary 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 purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(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 satisfactory to the Secretary.
H. R. 4200—329
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 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. 2845. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE
SUPPLY CENTER, COLUMBUS, OHIO.
(a) TRANSFER AUTHORIZED.—The Secretary of the Army may
transfer, without reimbursement, to the administrative jurisdiction
of the Secretary of Veterans Affairs a parcel of real property con-
sisting of approximately 20 acres and comprising a portion of the
Defense Supply Center in Columbus, Ohio.
(b) USE OF PROPERTY.—The Secretary of Veterans Affairs may
only use the property transferred under subsection (a) as the site
for the construction of a new outpatient clinic for the provision
of medical services to veterans.
(c) COSTS.—Any administrative costs in connection with the
transfer of property under subsection (a), including the costs of
the survey required by subsection (e), shall be borne by the Sec-
retary of Veterans Affairs.
(d) RETURN OF JURISDICTION TO ARMY.—If construction of the
outpatient clinic described in subsection (b) has not commenced
on the property transferred under subsection (a) by the end of
the three-year period beginning on the date on which the property
is transferred, the Secretary of Veterans Affairs shall return, at
the request of the Secretary of the Army, administrative jurisdiction
over the property to the Secretary of the Army.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be transferred under subsection
(a) shall be determined by a survey satisfactory to the Secretary
of the Army.
SEC. 2846. JURISDICTION AND UTILIZATION OF FORMER PUBLIC
DOMAIN LANDS, UMATILLA CHEMICAL DEPOT, OREGON.
(a) RETENTION OF JURISDICTION.—The various parcels of real
property consisting of approximately 8,300 acres within the bound-
aries of Umatilla Chemical Depot, Oregon, that were previously
withdrawn from the public domain are no longer suitable for return
to the public domain and shall remain under the administrative
jurisdiction of the Secretary of the Army.
(b) UTILIZATION.—The Secretary shall combine the real property
described in subsection (a) with other real property comprising
the Umatilla Chemical Depot for purposes of their management
and disposal pursuant to title II of the Defense Authorization
Amendments and Base Closure and Realignment Act of 1988 (Public
Law 100–526; 10 U.S.C. 2687 note) and other applicable law.
SEC. 2847. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE,
EQUIPMENT AND STORAGE YARD, CHARLESTON, SOUTH
CAROLINA.
Subsection (h) of section 563 of the Water Resources Develop-
ment Act of 1999 (Public Law 106–53; 113 Stat. 360) is amended
to read as follows:
‘‘(h) CHARLESTON, SOUTH CAROLINA.—
‘‘(1) CONVEYANCE AUTHORIZED.—The Secretary may convey
to the City of Charleston, South Carolina (in this subsection
referred to as the ‘City’), all right, title, and interest of the
United States in and to a parcel of real property of the Corps