H. R. 1530—383
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)(7) 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 ‘‘transfer or disposal’’
and inserting in lieu thereof ‘‘lease, transfer, or disposal’’.
(2) Section 2906(a)(2) 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. 2867 note) is amended—
(A) in subparagraph (C), by striking out ‘‘transfer or dis-
posal’’ and inserting in lieu thereof ‘‘lease, transfer, or disposal’’;
and
(B) in subparagraph (D), by striking out ‘‘transfer or dis-
posal’’ and inserting in lieu thereof ‘‘lease, transfer, or disposal’’.
SEC. 2832. IN-KIND CONSIDERATION FOR LEASES AT INSTALLATIONS
TO BE CLOSED OR REALIGNED.
Section 2667(f) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(4) The Secretary concerned may accept under subsection (b)(5)
services of a lessee for an entire installation to be closed or realigned
under a base closure law, or for any part of such installation,
without regard to the requirement in subsection (b)(5) that a
substantial part of the installation be leased.’’.
SEC. 2833. INTERIM LEASES OF PROPERTY APPROVED FOR CLOSURE
OR REALIGNMENT.
Section 2667(f) of title 10, United States Code, is amended
by adding after paragraph (4), as added by section 2832 of this
Act, the following new paragraph:
‘‘(5)(A) Notwithstanding the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), the scope of any environmental
impact analysis necessary to support an interim lease of property
under this subsection shall be limited to the environmental con-
sequences of activities authorized under the proposed lease and
the cumulative impacts of other past, present, and reasonably
foreseeable future actions during the period of the proposed lease.
‘‘(B) Interim leases entered into under this subsection shall
be deemed not to prejudice the final disposal decision with respect
to the property, even if final disposal of the property is delayed
until completion of the term of the interim lease. An interim lease
under this subsection shall not be entered into without prior con-
sultation with the redevelopment authority concerned.
‘‘(C) Subparagraphs (A) and (B) shall not apply to an interim
lease under this subsection if authorized activities under the lease
would—
‘‘(i) significantly affect the quality of the human environ-
ment; or
‘‘(ii) irreversibly alter the environment in a way that would
preclude any reasonable disposal alternative of the property
concerned.’’.
H. R. 1530—384
SEC. 2834. AUTHORITY TO LEASE PROPERTY REQUIRING ENVIRON-
MENTAL REMEDIATION AT INSTALLATIONS APPROVED
FOR CLOSURE OR REALIGNMENT.
Section 
120(h)(3) 
of 
the 
Comprehensive 
Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)(3)) is amended in the matter following subparagraph (C)—
(1) by striking out the first sentence; and
(2) by adding at the end, flush to the paragraph margin,
the following:
‘‘The requirements of subparagraph (B) shall not apply in any
case in which the person or entity to whom the real property
is transferred is a potentially responsible party with respect
to such property. The requirements of subparagraph (B) shall
not apply in any case in which the transfer of the property
occurs or has occurred by means of a lease, without regard
to whether the lessee has agreed to purchase the property
or whether the duration of the lease is longer than 55 years.
In the case of a lease entered into after September 30, 1995,
with respect to real property located at an installation approved
for closure or realignment under a base closure law, the agency
leasing the property, in consultation with the Administrator,
shall determine before leasing the property that the property
is suitable for lease, that the uses contemplated for the lease
are consistent with protection of human health and the environ-
ment, and that there are adequate assurances that the United
States will take all remedial action referred to in subparagraph
(B) that has not been taken on the date of the lease.’’.
SEC. 2835. FINAL FUNDING FOR DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION.
Section 2902(k) 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 paragraph:
‘‘(3)(A) The Secretary may transfer not more than $300,000
from unobligated funds in the account referred to in subparagraph
(B) for the purpose of assisting the Commission in carrying out
its duties under this part during October, November, and December
1995. Funds transferred under the preceding sentence shall remain
available until December 31, 1995.
‘‘(B) The account referred to in subparagraph (A) is the Depart-
ment of Defense Base Closure Account established under section
207(a) of the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).’’.
SEC. 2836. EXERCISE OF AUTHORITY DELEGATED BY THE ADMINIS-
TRATOR OF GENERAL SERVICES.
Section 2905(b)(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. 2687 note) is amended—
(1) in subparagraph (A)—
(A) by striking out ‘‘Subject to subparagraph (C)’’ in
the matter preceding clause (i) and inserting in lieu thereof
‘‘Subject to subparagraph (B)’’; and
(B) by striking out ‘‘in effect on the date of the enact-
ment of this Act’’ each place it appears in clauses (i) and
(ii);
H. R. 1530—385
(2) by striking out subparagraphs (B) and (C) and inserting
in lieu thereof the following new subparagraph (B):
‘‘(B) The Secretary may, with the concurrence of the Adminis-
trator of General Services—
‘‘(i) prescribe general policies and methods for utilizing
excess property and disposing of surplus property pursuant
to the authority delegated under paragraph (1); and
‘‘(ii) issue regulations relating to such policies and methods,
which shall supersede the regulations referred to in subpara-
graph (A) with respect to that authority.’’; and
(3) by redesignating subparagraphs (D) and (E) as subpara-
graphs (C) and (D), respectively.
SEC. 2837. LEASE BACK OF PROPERTY DISPOSED FROM INSTALLA-
TIONS APPROVED FOR CLOSURE OR REALIGNMENT.
(a) AUTHORITY.—Section 2905(b)(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—
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
‘‘(C)(i) The Secretary may transfer real property at an installa-
tion approved for closure or realignment under this part (including
property at an installation approved for realignment which will
be retained by the Department of Defense or another Federal agency
after realignment) to the redevelopment authority for the installa-
tion if the redevelopment authority agrees to lease, directly upon
transfer, one or more portions of the property transferred under
this subparagraph to the Secretary or to the head of another depart-
ment or agency of the Federal Government. Subparagraph (B) shall
apply to a transfer under this subparagraph.
‘‘(ii) A lease under clause (i) shall be for a term of not to
exceed 50 years, but may provide for options for renewal or exten-
sion of the term by the department or agency concerned.
‘‘(iii) A lease under clause (i) may not require rental payments
by the United States.
‘‘(iv) A lease under clause (i) shall include a provision specifying
that if the department or agency concerned ceases requiring the
use of the leased property before the expiration of the term of
the lease, the remainder of the lease term may be satisfied by
the same or another department or agency of the Federal Govern-
ment using the property for a use similar to the use under the
lease. Exercise of the authority provided by this clause shall be
made in consultation with the redevelopment authority concerned.’’.
(b) USE OF FUNDS TO IMPROVE LEASED PROPERTY.—Notwith-
standing any other provision of law, a department or agency of
the Federal Government that enters into a lease of property under
section 2905(b)(4)(C) 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 amended by subsection (a), may improve
the leased property using funds appropriated or otherwise available
to the department or agency for such purpose.
SEC. 2838. IMPROVEMENT OF BASE CLOSURE AND REALIGNMENT
PROCESS REGARDING DISPOSAL OF PROPERTY.
(a) APPLICABILITY.—Subparagraph (A) of section 2905(b)(7) of
the Defense Base Closure and Realignment Act of 1990 (part A
H. R. 1530—386
of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is
amended to read as follows:
‘‘(A) The disposal of buildings and property located at installa-
tions approved for closure or realignment under this part after
October 25, 1994, shall be carried out in accordance with this
paragraph rather than paragraph (6).’’.
(b) AGREEMENTS UNDER REDEVELOPMENT PLANS.—Subpara-
graph (F)(ii)(I) of such section is amended in the second sentence
by striking out ‘‘the approval of the redevelopment plan by the
Secretary of Housing and Urban Development under subparagraph
(H) or (J)’’ and inserting in lieu thereof ‘‘the decision regarding
the disposal of the buildings and property covered by the agree-
ments by the Secretary of Defense under subparagraph (K) or
(L)’’.
(c) REVISION OF REDEVELOPMENT PLANS.—Subparagraph (I) of
such section is amended—
(1) in clause (i)(II), by inserting ‘‘the Secretary of Defense
and’’ before ‘‘the Secretary of Housing and Urban Development’’;
and
(2) in clause (ii), by striking out ‘‘the Secretary of Housing
and Urban Development’’ and inserting in lieu thereof ‘‘such
Secretaries’’.
(d) DISPOSAL OF BUILDINGS AND PROPERTY.—(1) Subparagraph
(K) of such section is amended to read as follows:
‘‘(K)(i) Upon receipt of a notice under subparagraph (H)(iv)
or (J)(ii) of the determination of the Secretary of Housing and
Urban Development that a redevelopment plan for an installation
meets the requirements set forth in subparagraph (H)(i), the Sec-
retary of Defense shall dispose of the buildings and property at
the installation.
‘‘(ii) For purposes of carrying out an environmental assessment
of the closure or realignment of an installation, the Secretary of
Defense shall treat the redevelopment plan for the installation
(including the aspects of the plan providing for disposal to State
or local governments, representatives of the homeless, and other
interested parties) as part of the proposed Federal action for the
installation.
‘‘(iii) The Secretary of Defense shall dispose of buildings and
property under clause (i) in accordance with the record of decision
or other decision document prepared by the Secretary in accordance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.). In preparing the record of decision or other decision
document, the Secretary shall give substantial deference to the
redevelopment plan concerned.
‘‘(iv) The disposal under clause (i) of buildings and property
to assist the homeless shall be without consideration.
‘‘(v) In the case of a request for a conveyance under clause
(i) of buildings and property for public benefit under section 203(k)
of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 484(k)) or sections 47151 through 47153 of title 49,
United States Code, the sponsoring Federal agency shall use the
eligibility criteria set forth in such section or such subchapter
(as the case may be) to determine the eligibility of the applicant
and use proposed in the request for the public benefit conveyance.
The determination of such eligibility should be made before submis-
sion of the redevelopment plan concerned under subparagraph (G).’’.