1053 
(2) by striking ‘‘December 31, 2017’’ and in-
serting ‘‘December 31, 2018’’; and 
(3) by striking ‘‘fiscal year 2018’’ and inserting 
‘‘fiscal year 2019’’. 
SEC. 2804. USE OF OPERATION AND MAINTENANCE FUNDS 
FOR MILITARY CONSTRUCTION PROJECTS TO 
REPLACE 
FACILITIES 
DAMAGED 
OR 
DE-
STROYED BY NATURAL DISASTERS OR TER-
RORISM INCIDENTS. 
(a) AUTHORIZING USE OF FUNDS.—Section 2854 of 
title 10, United States Code, is amended by adding at the 
end the following new subsection: 
‘‘(c)(1) In using the authority described in subsection 
(a) to carry out a military construction project to replace 
a facility, including a family housing facility, that has been 
damaged or destroyed, the Secretary concerned may use 
appropriations available for operation and maintenance 
if— 
‘‘(A) the damage or destruction to the facility 
was the result of a natural disaster or a terrorism 
incident; and 
‘‘(B) the Secretary submits a notification to the 
appropriate committees of Congress of the decision 
to carry out the replacement project, and includes in 
the notification—
1054 
‘‘(i) the current estimate of the cost of the 
replacement project; 
‘‘(ii) the source of funds for the replace-
ment project; 
‘‘(iii) in the case of damage to a facility 
rather than destruction, a certification that the 
replacement project is more cost-effective than 
repair or restoration; and 
‘‘(iv) a certification that deferral of the re-
placement project for inclusion in the next Mili-
tary Construction Authorization Act would be 
inconsistent with national security or the pro-
tection of health, safety, or environmental qual-
ity, as the case may be. 
‘‘(2) A replacement project under this subsection may 
be carried out only after the end of the 7-day period begin-
ning on the date on which a copy of the notification de-
scribed in paragraph (1) is provided in an electronic me-
dium pursuant to section 480 of this title. 
‘‘(3) The maximum aggregate amount that the Sec-
retary concerned may obligate from appropriations avail-
able for operation and maintenance in any fiscal year for 
replacement projects under the authority of this sub-
section is $50,000,000.’’.
1055 
(b) CONFORMING AMENDMENT.—Subsection (b) of 
section 2854 of such title, as amended by section 
2801(c)(2), is amended by striking ‘‘under this section’’ 
and inserting ‘‘under subsection (a)’’. 
Subtitle B—Real Property and 
Facilities Administration 
SEC. 2811. ELIMINATION OF WRITTEN NOTICE REQUIRE-
MENT 
FOR 
MILITARY 
REAL 
PROPERTY 
TRANSACTIONS AND RELIANCE ON ELEC-
TRONIC SUBMISSION OF NOTIFICATIONS AND 
REPORTS. 
(a) GENERAL REAL PROPERTY TRANSACTION RE-
PORT.—Section 2662(a) of title 10, United States Code, 
is amended by striking paragraph (3) and inserting a new 
paragraph: 
‘‘(3) The authority of the Secretary concerned to 
enter into a transaction described in paragraph (1) com-
mences only after the end of the 14-day period beginning 
on the first day of the first month beginning on or after 
the date on which the report containing the facts con-
cerning such transaction, and all other such proposed 
transactions for that month, is provided in an electronic 
medium pursuant to section 480 of this title.’’.
1056 
(b) ACQUISITION OF INTERESTS IN LAND WHEN 
NEED IS URGENT.—Section 2663(d)(2) of title 10, 
United States Code, is amended— 
(1) by inserting after ‘‘submit’’ the following: ‘‘, 
in an electronic medium pursuant to section 480 of 
this title,’’; and 
(2) by striking ‘‘written notice’’ and inserting 
‘‘a notice’’. 
(c) ACQUISITION OF LAND BY CONDEMNATION FOR 
CERTAIN MILITARY PURPOSES.—Section 2663(f)(2) of 
title 10, United States Code, is amended by striking ‘‘or, 
if over sooner, the end of the 14-day period beginning on 
the date on which a copy of the report is provided’’. 
(d) EXCEPTIONS TO LIMITATIONS ON LAND ACQUISI-
TION REDUCTION IN SCOPE OR INCREASE IN COST.—Sec-
tion 2664(d) of title 10, United States Code, is amended— 
(1) by striking ‘‘written’’; 
(2) by striking ‘‘a period of 21 days elapses 
from’’ and inserting ‘‘the end of the 14-day period 
beginning on’’; and 
(3) by striking ‘‘or, if over sooner, a period of 
14 days elapses from the date on which a copy of 
that notification is provided’’. 
(e) LEASES OF NON-EXCESS DEFENSE PROPERTY.— 
Section 2667(d)(3) of title 10, United States Code, is
1057 
amended by striking ‘‘provide to the congressional defense 
committees written notice’’ and inserting ‘‘submit, in an 
electronic medium pursuant to section 480 of this title, 
to the congressional defense committees a notice’’. 
(f) MAINTENANCE AND REPAIR AND JURISDICTION 
OVER FACILITIES
FOR DEFENSE AGENCIES.—Section 
2682(c)(2) of title 10, United States Code, is amended 
by striking ‘‘to the appropriate congressional committees 
written notification’’ and inserting ‘‘, in an electronic me-
dium pursuant to section 480 of this title, to the appro-
priate congressional committees a notice’’. 
(g) AGREEMENTS TO LIMIT ENCROACHMENTS AND 
OTHER CONSTRAINTS ON MILITARY TRAINING, TESTING, 
AND OPERATIONS.—Section 2684a(d)(4)(D) of title 10, 
United States Code, is amended— 
(1) in clause (i), by striking ‘‘provides written 
notice’’ and inserting ‘‘submits, in an electronic me-
dium pursuant to section 480 of this title, a notice’’; 
and 
(2) in clause (ii), by striking ‘‘14 days’’ and all 
that follows through the end of the clause and in-
serting the following: ‘‘10 days after the date on 
which the notice is submitted under clause (i).’’. 
(h) CONVEYANCE OF SURPLUS REAL PROPERTY FOR 
NATURAL RESOURCE CONSERVATION.—Section 2694a of
1058 
title 10, United States Code, is amended by striking sub-
section (e) and inserting the following new subsection: 
‘‘(e) NOTICE AND WAIT REQUIREMENTS.—The Sec-
retary concerned may not approve of the reconveyance of 
real property under subsection (c) or grant the release of 
a covenant under subsection (d) until after the end of the 
14-day period beginning on the date on which the Sec-
retary submits, in an electronic medium pursuant to sec-
tion 480 of this title, to the appropriate committees of 
Congress a notice of the proposed reconveyance or re-
lease.’’. 
SEC. 2812. CLARIFICATION OF APPLICABILITY OF FAIR 
MARKET VALUE CONSIDERATION IN GRANTS 
OF EASEMENTS ON MILITARY LANDS FOR 
RIGHTS-OF-WAY. 
Section 2668(e) of title 10, United States Code, is 
amended— 
(1) in the subsection heading, by striking ‘‘DIS-
POSITION
OF’’ and inserting ‘‘CONDITIONS
AND’’; 
and 
(2) by striking ‘‘Subsections (c) and (e)’’ and 
inserting ‘‘Subsections (b)(4), (c), and (e)’’.
1059 
SEC. 2813. CRITERIA FOR EXCHANGES OF PROPERTY AT 
MILITARY INSTALLATIONS. 
Paragraph (2) of section 2869(a) of title 10, United 
States Code, is amended to read as follows: 
‘‘(2) Paragraph (1) applies with respect to real prop-
erty under the jurisdiction of the Secretary concerned— 
‘‘(A) that is located on a military installation 
that is closed or realigned under a base closure law; 
or 
‘‘(B) that is located on a military installation 
not covered by subparagraph (A) and for which the 
Secretary concerned makes a determination that the 
conveyance under paragraph (1) is advantageous to 
the United States.’’. 
SEC. 2814. PROHIBITING USE OF UPDATED ASSESSMENT OF 
PUBLIC SCHOOLS ON DEPARTMENT OF DE-
FENSE 
INSTALLATIONS 
TO 
SUPERSEDE 
FUNDING OF CERTAIN PROJECTS. 
(a) PROHIBITING USE OF UPDATED ASSESSMENT TO 
SUPERSEDE FUNDING
OF CERTAIN PUBLIC SCHOOL 
PROJECTS.—Subsection (a) of section 2814 of the Na-
tional Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328; 130 Stat. 2717) is amended by 
adding at the end the following new paragraph: 
‘‘(3) PROHIBITING USE OF UPDATED ASSESS-
MENT
TO
SUPERSEDE
FUNDING
OF
CERTAIN
RE-
1060 
MAINING PROJECTS.—In determining which projects 
will be funded under the programs described in 
paragraph (2), the Secretary may not, on the basis 
of the updated assessment described in paragraph 
(1), supersede the funding of any of the remaining 
projects which were included among the 33 projects 
for which Secretary assigned the highest priority for 
receiving funds under the assessment of the capacity 
and facility condition deficiencies of elementary and 
secondary public schools on military installations 
conducted by the Secretary in July 2011 under sec-
tion 8109 of the Department of Defense and Full- 
Year Continuing Appropriations Act, 2011 (Public 
Law 112–10; 125 Stat. 82).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if included in the enact-
ment of the National Defense Authorization Act for Fiscal 
Year 2017. 
SEC. 2815. REQUIREMENTS FOR WINDOW FALL PREVEN-
TION DEVICES IN MILITARY FAMILY HOUS-
ING. 
(a) REQUIREMENT.—Chapter 169 of title 10, United 
States Code, is amended by inserting after section 2878 
the following new section:
1061 
‘‘§ 2879. Window fall prevention devices in military 
family housing units 
‘‘(a) REQUIRING USE OF DEVICES ON CERTAIN WIN-
DOWS.—The Secretary concerned shall ensure that if a 
window in any military family housing unit acquired or 
constructed under this chapter is described in subsection 
(b), including a window designed for emergency escape or 
rescue, the window is equipped with fall prevention devices 
that protect against unintentional window falls by young 
children and that are in compliance with applicable Inter-
national Building Code (IBC) standards. 
‘‘(b) WINDOWS DESCRIBED.—A window is described 
in this subsection if the bottom sill of the window is within 
36 inches of the floor, as measured in the interior of the 
unit.’’. 
(b) BRIEFING ON IMPLEMENTATION.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of each military department shall brief the Com-
mittee on Armed Services of the House of Representatives 
on the implementation of section 2879 of title 10, United 
States Code (as added by subsection (a)), and include in 
the briefing the following: 
(1) The extent to which the Secretary is in 
compliance with the requirements of such section.
1062 
(2) A plan for the retrofitting of existing mili-
tary family housing units to enable the units to meet 
the requirements of such section. 
(3) The feasibility and cost-effectiveness of ex-
panding the requirements of such section to apply to 
windows for which the bottom sill— 
(A) is within 42 inches of the floor, as 
measured in the interior of the unit; or 
(B) is 72 inches or more above the ground, 
as measured on the exterior of the unit. 
(4) The feasibility and cost-effectiveness of 
modifying the requirements of such section to re-
quire windows to be equipped with fall prevention 
devices that meet the following requirements: 
(A) The device attaches to the window 
frame and covers the entire opening with mate-
rials of sufficient strength to withstand 60 
pounds (27 kg) of force. 
(B) The device allows protection in case of 
a fully opened window. 
(C) The device prohibits the passage of a 
4 inch rigid sphere anywhere in the window 
opening. 
(D) The device has a 2 step release mecha-
nism that—
1063 
(i) allows the window to be fully 
opened for emergency escape or rescue 
with no more than 15 lb ft of force; 
(ii) requires 2 distinct actions to oper-
ate; 
(iii) is clearly identified for use in an 
emergency; and 
(iv) is not designed in a manner which 
accommodates the use of locking devices 
which require special tools or knowledge to 
operate, such as combination locks or 
keyed locks. 
(5) The feasibility and cost-effectiveness of ex-
tending the requirements of such section to private 
housing leased or otherwise used by military fami-
lies. 
(6) The feasibility and cost-effectiveness of 
other potential methods to protect against uninten-
tional window falls by young children in military 
family housing units. 
(c) CLERICAL AMENDMENT.—The table of sections 
for chapter 169 of such title is amended by inserting after 
the item relating to section 2878 the following new item: 
‘‘2879. Window fall prevention devices in military family housing units.’’.
1064 
SEC. 2816. AUTHORIZING REIMBURSEMENT OF STATES FOR 
COSTS OF SUPPRESSING WILDFIRES CAUSED 
BY DEPARTMENT OF DEFENSE ACTIVITIES 
ON STATE LANDS; RESTORATION OF LANDS 
OF OTHER FEDERAL AGENCIES FOR DAMAGE 
CAUSED BY DEPARTMENT OF DEFENSE VEHI-
CLE MISHAPS. 
(a) AUTHORITIES.—Section 2691 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘or lease’’ 
each place it appears; 
(2) in subsection (b), by striking ‘‘or lease’’; 
(3) in subsection (c), by striking ‘‘lease,’’; and 
(4) by adding at the end the following new sub-
sections: 
‘‘(d) WILDLAND FIRES ON STATE LAND.—The Sec-
retary of Defense may, in any lease, permit, license, or 
other grant of access for use of lands owned by a State, 
agree to reimburse the State for the reasonable costs of 
the State in suppressing wildland fires caused by the ac-
tivities of the Department of Defense under such lease, 
permit, license, or other grant of access. 
‘‘(e) RESTORATION
OF LAND DAMAGED
BY MIS-
HAP.—(1) When land under the administrative jurisdic-
tion of a Federal agency that is not a part of the Depart-
ment of Defense is damaged as the result of a mishap
1065 
involving a vessel, aircraft, or vehicle of the Department 
of Defense, the Secretary of Defense may, with the con-
sent of the Federal agency, restore the land. 
‘‘(2) When land under the administrative jurisdiction 
of the Department of Defense or a military department 
is damaged as the result of a mishap involving a vessel, 
aircraft, or vehicle of a Federal agency that is not a part 
of the Department of Defense, the head of the Federal 
agency under whose control the vessel, aircraft, or vehicle 
was operating may, with the consent of the Department 
of Defense, restore the land.’’. 
(b) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(1) in the heading, by striking ‘‘LEASE’’ and 
inserting ‘‘DAMAGED BY MISHAP; REIMBURSE-
MENT
OF
STATE
COSTS
OF
FIGHTING 
WILDLAND FIRES’’; 
(2) in subsection (a), by striking ‘‘(a) The Sec-
retary’’ and inserting ‘‘(a) RESTORATION OF OTHER 
AGENCY LAND USED BY PERMIT.—The Secretary’’; 
(3) in subsection (b), by striking ‘‘(b) Unless’’ 
and inserting ‘‘(b) SCREENING
FOR USE
OF IM-
PROVED LAND.—Unless’’; and 
(4) in subsection (c), by striking ‘‘(c)(1) As a 
condition’’ and inserting ‘‘(c) RESTORATION OF DE-
1066 
PARTMENT OF DEFENSE LAND USED BY OTHER 
AGENCY.—(1) As a condition’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
of chapter 159 of such title is amended by amending the 
item relating to section 2691 to read as follows: 
‘‘2691. Restoration of land used by permit or damaged by mishap; reimburse-
ment of State costs of fighting wildland fires.’’. 
SEC. 2817. PROHIBITING COLLECTION OF ADDITIONAL 
AMOUNTS FROM MEMBERS LIVING IN UNITS 
UNDER MILITARY HOUSING PRIVATIZATION 
INITIATIVE. 
(a) PROHIBITION.—Subchapter IV of chapter 169 of 
title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2886. Prohibiting collection of amounts in addition 
to rent from members assigned to units 
‘‘(a) PROHIBITION.—An agreement for acquiring or 
constructing a military family housing unit or military un-
accompanied housing unit under this subchapter which is 
entered into between the Secretary and an eligible entity 
shall prohibit the entity from imposing on a member of 
the armed forces who occupies the unit a supplemental 
payment (such as an out-of-pocket fee) in addition to the 
amount of rent the eligible entity charges for a unit of 
similar size and composition, without regard to whether
1067 
or not the amount of the member’s basic allowance for 
housing is less than the amount of the rent. 
‘‘(b) PERMITTING
CERTAIN
ADDITIONAL
PAY-
MENTS.—Nothing in this section shall be construed to pro-
hibit an eligible entity from imposing an additional pay-
ment for optional services provided to residents, such as 
access to a gym or a parking space, or an additional pay-
ment for non-essential utility services, as determined in 
accordance with regulations promulgated by the Secretary. 
‘‘(c) NO EFFECT ON RENTAL GUARANTEES OR DIF-
FERENTIAL LEASE PAYMENTS.—Nothing in this section 
shall be construed to limit or otherwise affect the authority 
of the Secretary to enter into rental guarantee agreements 
under section 2876 of this title or to make differential 
lease payments under section 2877 of this title, so long 
as such agreements or payments do not require a member 
of the armed forces who is assigned to a military family 
housing unit or military unaccompanied housing unit 
under this subchapter to pay an out-of-pocket fee or pay-
ment in addition to the member’s basic housing allow-
ance.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter IV of chapter 169 of such title is amended 
by adding at the end the following new item: 
‘‘2886. Prohibiting collection of amounts in addition to rent from members as-
signed to units.’’.
1068 
SEC. 2818. CERTIFICATION RELATED TO CERTAIN ACQUISI-
TIONS OR LEASES OF REAL PROPERTY. 
Section 2662(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (2), by striking the period at 
the end and inserting the following: ‘‘, as well as the 
certification described in paragraph (5).’’; and 
(2) by adding at the end the following: 
‘‘(5) For purposes of paragraph (2), the certification 
described in this paragraph with respect to an acquisition 
or lease of real property is a certification that the Sec-
retary concerned— 
‘‘(A) evaluated the feasibility of using space in 
property under the jurisdiction of the Department of 
Defense to satisfy the purposes of the acquisition or 
lease; and 
‘‘(B) determined that— 
‘‘(i) space in property under the jurisdic-
tion of the Department of Defense is not rea-
sonably available to be used to satisfy the pur-
poses of the acquisition or lease; 
‘‘(ii) acquiring the property or entering 
into the lease would be more cost-effective than 
the use of the Department of Defense property; 
or
1069 
‘‘(iii) the use of the Department of De-
fense property would interfere with the ongoing 
military mission of the property.’’. 
SEC. 2819. IMPROVED PROCESS FOR DISPOSAL OF DEPART-
MENT OF DEFENSE SURPLUS REAL PROP-
ERTY LOCATED OVERSEAS. 
(a) PETITION TO ACQUIRE SURPLUS PROPERTY.— 
2687a of title 10, United States Code, is amended— 
(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing new subsection: 
‘‘(g) PETITION PROCESS FOR DISPOSAL OF OVER-
SEAS SURPLUS REAL PROPERTY.—(1) The Secretary of 
Defense shall establish a process by which a foreign gov-
ernment may request the transfer of surplus real property 
or improvements under the jurisdiction of the Department 
of Defense in the foreign country. 
‘‘(2) Upon the receipt of a petition under this sub-
section, the Secretary shall determine within 90 days 
whether the property or improvement subject to the peti-
tion is surplus. If surplus, the Secretary shall seek to enter 
into an agreement with the foreign government within one 
year for the disposal of the property.
1070 
‘‘(3) If real property or an improvement is deter-
mined not to be surplus, the Secretary shall not be obli-
gated to consider another petition involving the same 
property or improvement for five years beginning on the 
date on which the initial determination was made.’’. 
(b) ADDITIONAL USE OF DEPARTMENT OF DEFENSE 
OVERSEAS MILITARY FACILITY INVESTMENT RECOVERY 
ACCOUNT.—Section 2687a(b) of title 10, United States 
Code, is amended— 
(1) in paragraph (1), by inserting ‘‘property 
disposal agreement,’’ after ‘‘forces agreement,’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(B) by striking the period at the end of 
subparagraph (B) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) military readiness programs.’’. 
(c) REPORTING REQUIREMENT.—Section 2687a(a) 
of title 10, United States Code, is amended by adding at 
the end the following new paragraph: 
‘‘(3) A report under paragraph (1) also shall specify 
the following:
1071 
‘‘(A) The number of petitions received under 
subsection (g) from foreign governments requesting 
the transfer of surplus real property or improve-
ments under the jurisdiction of the Department of 
Defense overseas. 
‘‘(B) The status of each petition, including 
whether reviewed, denied, or granted. 
‘‘(C) The implementation status of each grant-
ed petition.’’. 
Subtitle C—Land Conveyances 
SEC. 2821. LAND EXCHANGE, NAVAL INDUSTRIAL RESERVE 
ORDNANCE 
PLANT, 
SUNNYVALE, 
CALI-
FORNIA. 
(a) LAND EXCHANGE AUTHORIZED.—The Secretary 
of the Navy may convey to an entity (in this section re-
ferred to as the ‘‘Exchange Entity’’) all right, title, and 
interest of the United States in and to the parcel of real 
property, including improvements thereon, comprising the 
Naval Industrial Reserve Ordnance Plant (NIROP) lo-
cated in Sunnyvale, California in exchange for— 
(1) real property, including improvements 
thereon, that will replace the NIROP and meet the 
readiness requirements of the Department of the 
Navy, as determined by the Secretary; and
1072 
(2) relocation of contractor and Government 
personnel and equipment from the NIROP to the re-
placement facilities. 
(b) LAND EXCHANGE AGREEMENT.— 
(1) IN
GENERAL.—The exchange authorized 
under subsection (a) shall be governed by a land ex-
change agreement that identifies the property to be 
exchanged (including improvements thereon), the 
time period in which the exchange will occur, and 
the roles and responsibilities of the Secretary and 
the Exchange Entity in carrying out the exchange. 
(2) 
COMPLIANCE
WITH
ENVIRONMENTAL 
LAWS.—Nothing in this section shall be construed to 
affect or limit the application of, or any obligation 
to comply with, any environmental law, including the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601). 
(c) VALUATION; CASH EQUALIZATION PAYMENT IF 
NIROP VALUE EXCEEDS VALUE OF EXCHANGED PROP-
ERTY.— 
(1) VALUATION.—The values of the properties 
to be exchanged by the Secretary and the Exchange 
Entity under subsection (a) (including improvements 
thereon) shall be determined by an independent ap-
praiser selected by the Secretary, and in accordance
1073 
with the Uniform Appraisal Standards for Federal 
Land Acquisitions and the Uniform Standards of 
Professional Appraisal Practice. 
(2) CASH EQUALIZATION PAYMENT.—If, as de-
termined in accordance with paragraph (1), the 
value of the NIROP is greater than the combination 
of the value of the property to be conveyed by the 
Exchange Entity under subsection (a) and the relo-
cation costs covered by the Exchange Entity under 
such subsection, the Exchange Entity shall make a 
cash equalization payment to the Secretary to equal-
ize the values. Nothing in this paragraph may be 
construed to require the Secretary to make a cash 
equalization payment to the Exchange Entity if the 
value of the property to be conveyed by the Ex-
change Entity and the relocation costs covered by 
the Exchange Entity are greater than the value of 
the NIROP. 
(d) PAYMENT OF COSTS OF CONVEYANCE.—The Sec-
retary shall require the Exchange Entity to pay costs in-
curred by the Department of the Navy to carry out the 
exchange authorized under subsection (a), including costs 
incurred for land surveys, environmental documentation, 
the review of replacement facilities design, real estate due 
diligence (including appraisals), preparing and executing
1074 
the agreement described in subsection (b), and any other 
administrative costs related to the exchange. If amounts 
are collected from the Exchange Entity in advance of the 
Secretary incurring the actual costs and the amount col-
lected exceeds the costs actually incurred by the Secretary 
to carry out the exchange under subsection (a), the Sec-
retary shall refund the excess amount to the Exchange 
Entity. 
(e) TREATMENT OF AMOUNTS RECEIVED.—Amounts 
received under subsections (a), (c)(2), and (d) shall be 
used in accordance with section 2695(c) of title 10, United 
States Code. 
(f) DESCRIPTION OF PROPERTY.—The exact legal de-
scription of the property, including acreage, to be ex-
changed under subsection (a) shall be determined by sur-
veys satisfactory to the Secretary. 
(g) RELATION TO OTHER MILITARY CONSTRUCTION 
REQUIREMENTS.— 
(1) EXCLUSION FROM TREATMENT AS MILITARY 
CONSTRUCTION PROJECT.—The acquisition or dis-
position of any property pursuant to the exchange 
authorized under subsection (a) shall not be treated 
as a military construction project for which an au-
thorization is required by section 2802 of title 10,
1075 
United States Code, or for which reporting is re-
quired by section 2662 of such title. 
(2) EXCLUSION OF REQUIREMENT FOR PRIOR 
SCREENING BY GENERAL SERVICES ADMINISTRATION 
FOR ADDITIONAL FEDERAL USE.—Section 2696(b) 
of title 10, United States Code, does not apply to 
the conveyance of any real property pursuant to the 
exchange authorized under subsection (a). 
(h) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the exchange authorized under 
subsection (a) as the Secretary considers appropriate to 
protect the interests of the United States. 
(i) SUNSET.—The authority provided to the Sec-
retary to carry out the exchange under subsection (a) shall 
expire on October 1, 2023. 
SEC. 2822. LAND CONVEYANCE, NAVAL SHIP REPAIR FACIL-
ITY, GUAM. 
(a) CONVEYANCE.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of the 
Navy shall convey, without consideration, to the Guam 
Economic Development Authority (hereafter referred to as 
the ‘‘Authority’’) all right, title, and interest of the United 
States in and to the real property (including improvements 
thereon and related personal property) consisting of the
1076 
former Naval Ship Repair Facility in Guam, as identified 
under the base realignment and closure authority carried 
out under 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), for purposes of providing support 
for ship repair and other military maintenance require-
ments. 
(b) REVERSIONARY INTEREST.—If the Secretary of 
the Navy determines at any time that the property con-
veyed under subsection (a) is not being used in accordance 
with the purpose of the conveyance specified in such sub-
section, all right, title, and interest in and to such prop-
erty, including any improvements thereto, shall, at the op-
tion of the Secretary, revert to and become the property 
of the United States, and the United States shall have 
the right of immediate entry onto such real property. A 
determination by the Secretary under this subsection shall 
be made on the record after an opportunity for a hearing. 
(c) PAYMENT OF COSTS OF CONVEYANCE.—The Sec-
retary of the Navy shall be responsible for the costs of 
carrying out the conveyance under subsection (a), includ-
ing survey costs, costs for environmental documentation 
and remediation, and any other administrative costs re-
lated to the conveyance.
1077 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined as set forth in the Envi-
ronmental Impact Statement for the Relocation of U.S. 
Marine Corps Forces to Guam, as completed by the Sec-
retary of the Navy in September 2010. 
(d) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary of the Navy 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 and to ensure 
that the property conveyed is used in accordance with the 
purpose of the conveyance. 
SEC. 2823. LAND CONVEYANCE, MOUNTAIN HOME AIR 
FORCE BASE, IDAHO. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Air Force may convey to the City of Mountain Home, 
Idaho (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 improvements thereon, con-
sisting of approximately 4.25 miles of railroad spur lo-
cated near Mountain Home Air Force Base, Idaho, as fur-
ther described in subsection (c), for the purpose of eco-
nomic development. 
(b) CONSIDERATION.—
1078 
(1) CONSIDERATION REQUIRED.—As consider-
ation for the land conveyed under subsection (a), the 
City shall pay to the Secretary an amount equal to 
the fair market value of the land, as determined by 
an appraisal approved by the Secretary. The City 
shall provide an amount that is acceptable to the 
Secretary, whether by cash payment, in-kind consid-
eration as described under paragraph (2), or a com-
bination thereof. 
(2) IN-KIND CONSIDERATION.—In-kind consid-
eration provided by the City under paragraph (1) 
may include the acquisition, construction, provision, 
improvement, maintenance, repair, or restoration 
(including environmental restoration), or combina-
tion thereof, of any facility or infrastructure under 
the jurisdiction of the Secretary. 
(3) 
TREATMENT
OF
CONSIDERATION
RE-
CEIVED.—Consideration in the form of cash pay-
ment received by the Secretary under paragraph (1) 
shall be deposited in the separate fund in the Treas-
ury described in section 572(a)(1) of title 40, United 
States Code. 
(c) MAP AND LEGAL DESCRIPTION.— 
(1) IN GENERAL.—As soon as practicable after 
the date of the enactment of this Act, the Secretary
1079 
of the Air Force shall publish a final map and legal 
description of the property to be conveyed under 
subsection (a), except that the Secretary may correct 
minor errors in the map and legal description after 
its initial publication. 
(2) AVAILABILITY.—The map and legal descrip-
tion under this subsection shall be on file and avail-
able for public inspection. 
(d) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT AUTHORIZED.—The Secretary of 
the Air Force may require the City to cover the 
costs to be incurred by the Secretary, or to reim-
burse the Secretary for the costs incurred by the 
Secretary, in carrying out the conveyance under sub-
section (a), including survey costs, the costs of envi-
ronmental documentation, and other administrative 
costs relating to the conveyance (other than costs for 
environmental remediation of the property con-
veyed). If amounts are collected from the City in ad-
vance of the Secretary incurring the actual costs, 
and the amount collected exceeds the costs actually 
incurred by the Secretary to carry out the convey-
ance, the Secretary shall refund the excess amount 
to the City.
1080 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received under paragraph (1) as reim-
bursement for costs incurred by the Secretary to 
carry out the conveyance under subsection (a) shall 
be credited to the fund or account that was used to 
cover the costs incurred by the Secretary in carrying 
out the conveyance, or to an appropriate fund or ac-
count currently available to the Secretary for the 
purposes for which the costs were paid. Amounts so 
credited shall be merged with amounts in such fund 
or account and shall be available for the same pur-
poses, and subject to the same conditions and limita-
tions, as amounts in such fund or account. 
(e) RESERVATION OF USE BY SECRETARY.—After 
the conveyance under subsection (a), the City shall allow 
the Secretary of the Air Force to temporarily use, for ur-
gent reasons of national defense and at no cost to the Sec-
retary, all or a portion of the property conveyed under sub-
section (a). 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Air Force 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.