I 
111TH CONGRESS 
1ST SESSION 
H. R. 740 
To amend title 10, United States Code, to take reasonable steps to prevent 
avoidable disasters related to seismic activity in connection with the 
lease and development of non-excess property of military departments, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2009 
Mr. FILNER introduced the following bill; which was referred to the 
Committee on Armed Services 
A BILL 
To amend title 10, United States Code, to take reasonable 
steps to prevent avoidable disasters related to seismic 
activity in connection with the lease and development 
of non-excess property of military departments, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Additional Safeguards 
For Lease and Development of Non-Excess Property of 
Military Departments Act’’. 
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SEC. 2. LEASE AND DEVELOPMENT OF NON-EXCESS PROP-
ERTY OF MILITARY DEPARTMENTS LOCATED 
IN AREAS DESIGNATED UBC SEISMIC ZONE 4. 
(a) PROHIBITION ON LEASES IN CERTAIN SEISMIC 
AREAS; EXCEPTIONS.—Section 2667 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(k)(1) Except as provided in paragraph (1), the Sec-
retary concerned may not enter into a lease under this 
section regarding any land that is located in an area des-
ignated UBC Seismic Zone 4. 
‘‘(2) Notwithstanding paragraph (1), the Secretary 
concerned may enter into the lease if the Secretary deter-
mines that seismic activity would not have any significant 
impact on any portion of the proposed development under 
the lease. The determination of the Secretary may only 
be made on the record after an opportunity for a hearing. 
In the hearing, admissible seismic evidence shall be limited 
to geotechnical investigations that are not more than three 
years old. The Secretary may commission geotechnical in-
vestigations in connection with the hearing, but such in-
vestigations must be conducted using the best technology 
then available. 
‘‘(3) The Secretary concerned may not omit a revoca-
tion provision from a lease authorized by paragraph (2).’’. 
(b) REVOCATION OF EXISTING LEASES.— 
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(1) REVOCATION
REQUIRED.—Except as pro-
vided in paragraph (2), the Secretary of a military 
department shall revoke any lease entered into be-
fore the date of the enactment of this Act by the 
Secretary under the authority of section 2667 of 
title 10, United States Code, or other provision of 
law, including section 2732 of the National Defense 
Authorization Act for Fiscal Year 1987 (Public Law 
99–661; 100 Stat. 4046), if the land subject to the 
lease is located in an area designated UBC Seismic 
Zone 4. The revocation shall occur even in the case 
of a lease that does not include a revocation provi-
sion. 
(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to a lease— 
(A) under which substantial construction, 
as determined by the Secretary concerned, on 
the property subject to the lease has been com-
menced before the date of the enactment of this 
Act; or 
(B) that the Secretary concerned deter-
mines, pursuant to paragraph (2) of subsection 
(k) of section 2667 of title 10, United States 
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Code, as added by subsection (a), should not be 
revoked. 
Æ 
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