410
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Chemical Demilitarization .....
Blue Grass Army Depot, Kentucky ..
$47,220,000
Defense Education Activity ..
Laurel Bay, South Carolina .............
$12,850,000
Marine Corps Base, Camp LeJeune,
North Carolina ..............................
$8,857,000
Defense Logistics Agency .....
Defense Distribution Depot Tracy,
California ......................................
$30,000,000
Defense Distribution New Cum-
berland, Pennsylvania ...................
$19,900,000
Eielson Air Force Base, Alaska .......
$8,800,000
Fort Belvoir, Virginia .......................
$900,000
Grand Forks Air Force Base, North
Dakota ..........................................
$9,110,000
Hickam Air Force Base, Hawaii ......
$29,200,000
McGuire Air Force Base, New Jer-
sey .................................................
$4,400,000
Minot Air Force Base, North Da-
kota ...............................................
$14,000,000
Philadelphia, Pennsylvania ...............
$2,429,000
Pope Air Force Base, North Caro-
lina ................................................
$3,400,000
Special Operations Command
Aberdeen Proving Ground, Maryland
$3,200,000
Fort Benning, Georgia .....................
$5,100,000
Fort Bragg, North Carolina .............
$35,962,000
Fort Lewis, Washington ...................
$6,900,000
Hurlburt Field, Florida ....................
$13,400,000
MacDill Air Force Base, Florida .....
$12,000,000
Naval Station, San Diego, California
$13,650,000
TRICARE Management Ac-
tivity ..................................
Andrews Air Force Base, Maryland
$10,250,000
Dyess Air Force Base, Texas ...........
$3,300,000
F. E. Warren Air Force Base, Wyo-
ming ..............................................
$2,700,000
Fort Hood, Texas .............................
$12,200,000
Fort 
Stewart/Hunter 
Army 
Air
Field, Georgia ...............................
$11,000,000
Holloman Air Force Base, New
Mexico ...........................................
$5,700,000
Hurlburt Field, Florida ....................
$8,800,000
Marine Corps Base, Camp Pen-
dleton, California ..........................
$1,150,000
Marine Corps Logistics Base, Al-
bany, Georgia ................................
$5,800,000
Naval Air Station, Whidbey Island,
Washington ...................................
$1,900,000
Naval Hospital, Twentynine Palms,
California ......................................
$1,600,000
Naval Station, Mayport, Florida ......
$24,000,000
Naval Station, Norfolk, Virginia ......
$21,000,000
Schriever Air Force Base, Colorado
$4,000,000
Washington Headquarters
Services .............................
Pentagon Reservation, Virginia ........
$25,000,000
Total: ........................................
$325,228,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2403(a)(2), the Secretary of Defense may
411
acquire real property and carry out military construction
projects for the installations and locations outside the
United States, and in the amounts, set forth in the fol-
lowing table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Education Activity ..
Aviano Air Base, Italy ......................
$3,647,000
Geilenkirchen AB, Germany .............
$1,733,000
Heidelberg, Germany ........................
$3,312,000
Kaiserslautern, Germany ..................
$1,439,000
Kitzingen, Germany ..........................
$1,394,000
Landstuhl, Germany .........................
$1,444,000
Ramstein Air Force Base, Germany
$2,814,000
Royal Air Force, Feltwell, United
Kingdom .......................................
$22,132,000
Vogelweh Annex, Germany ...............
$1,558,000
Wiesbaden Air Base, Germany .........
$1,378,000
Wuerzburg, Germany .......................
$2,684,000
Defense Logistics Agency .....
Anderson Air Force Base, Guam .....
$20,000,000
Camp Casey, Korea ..........................
$5,500,000
Naval Station, Rota, Spain ..............
$3,000,000
Yokota Air Base, Japan ...................
$13,000,000
Office Secretary of Defense ..
Comalapa Air Base, El Salvador ......
$12,577,000
TRICARE Management Ac-
tivity ..................................
Heidelberg, Germany ........................
$28,000,000
Lajes Field, Azores, Portugal ..........
$3,750,000
Thule, Greenland ..............................
$10,800,000
Total: ........................................
$140,162,000
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2403(a)(6), the Sec-
retary of Defense may carry out energy conservation
projects under section 2865 of title 10, United States
Code, in the amount of $35,600,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE-
FENSE AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2001, for military construction, land acquisition, and
412
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $1,421,319,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2401(a),
$370,164,000.
(2) For military construction projects outside
the United States authorized by section 2401(b),
$140,162,000.
(3) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$24,492,000.
(4) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $10,000,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $74,496,000.
(6) For energy conservation projects authorized
by section 2402 of this Act, $35,600,000.
(7) For base closure and realignment activities
as authorized by the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note),
$532,200,000.
413
(8) For military family housing functions:
(A) For improvement of military family
housing and facilities, $250,000.
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $43,762,000,
of which not more than $37,298,000 may be
obligated or expended for the leasing of military
family housing units worldwide.
(C) For credit to the Department of De-
fense Family Housing Improvement Fund es-
tablished by section 2883(a)(1) of title 10,
United States Code, $2,000,000.
(9) For the construction of phase 6 of an am-
munition demilitarization facility at Pine Bluff Arse-
nal, Arkansas, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1995 (division B of Public Law 103–337; 108
Stat. 3040), as amended by section 2407 of the Mili-
tary Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104–106; 110 Stat.
539), section 2408 of the Military Construction Au-
thorization Act for Fiscal Year 1998 (division B of
Public Law 105–85; 111 Stat. 1982), section 2406
of the Military Construction Authorization Act for
414
Fiscal Year 1999 (division B of Public Law 105–
261; 112 Stat. 2197), and section 2407 of this Act,
$26,000,000.
(10) For the construction of phase 3 of an am-
munition demilitarization facility at Pueblo Army
Depot, Colorado, authorized by section 2401(a) of
the Military Construction Authorization Act for Fis-
cal Year 1997 (division B of Public Law 104–201;
110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113
Stat. 839), $11,000,000.
(11) For construction of phase 4 of an ammu-
nition demilitarization facility at Newport Army
Depot, Indiana, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1999 (division B of Public Law 105–261; 112
Stat. 2193), $66,000,000.
(12) For construction of phase 4 of an ammu-
nition demilitarization facility at Aberdeen Proving
Ground, Maryland, authorized by section 2401(a) of
the Military Construction Authorization Act for Fis-
cal Year 1999 (division B of Public Law 105–261;
112 Stat. 2193), as amended by section 2406 of this
Act, $66,500,000.
415
(13) For construction of a hospital at Fort
Wainwright, Alaska, authorized by section 2201(a)
of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106–65;
113 Stat. 836), $18,500,000.
(14) For construction of an aircrew water sur-
vival training facility at Naval Air Station, Whidbey
Island, Washington, authorized by section 2401(a)
of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106–65;
113 Stat. 836), as amended by section 2405 of this
Act, $6,600,000.
(15) For the construction of phase 2 of an am-
munition demilitarization facility at Blue Grass
Army Depot, Kentucky, authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law
106–65, 113 Stat. 836), as amended by section
2405, $3,000,000.
(16) For construction of FHOTC Support Fa-
cilities at Camp Pendleton, California, authorized by
section 2401(a) of the Military Construction Author-
ization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat.1654A–402), as amended by
section 2404 of this Act, $3,150,000.
416
(17) For replacement of a Medical/Dental Clin-
ic, Las Flores, at Camp Pendleton, California, au-
thorized by section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2001 (divi-
sion B of the Spence Act; 114 Stat.1654A–402), as
amended by section 2404 of this Act, $3,800,000.
(18) For replacement of a Medical/Dental Clin-
ic, Las Pulgas, at Camp Pendleton, California, au-
thorized by section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2001 (divi-
sion B of the Spence Act; 114 Stat.1654A–402), as
amended by section 2404 of this Act, $4,050,000.
(19) For replacement of a Medical/Dental Clin-
ic, Horno, at Camp Pendleton, California, author-
ized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B
of the Spence Act; 114 Stat.1654A–402), as amend-
ed by section 2404 of this Act, $4,300,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2401 of this Act
may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a).
417
(c) ADJUSTMENTS.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (19)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by—
(1) $17,857,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military construction
outside the United States; and
(2) $10,250,000, which represents the combina-
tion of project savings in military construction re-
sulting from favorable bids, reduced overhead
charges, and cancellations due to force structure
changes.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2001 PROJECT.
The table in section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2001 (division B
of the Spence Act; 114 Stat. 1654A–402) is amended—
(1) under the agency heading relating to
TRICARE Management Activity, in the item relat-
ing to Marine Corps Base, Camp Pendleton, Cali-
fornia, by striking ‘‘$14,150,000’’ and inserting
‘‘$15,300,000’’; and
418
(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$258,056,000’’.
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2000 PROJECTS.
(a) MODIFICATION.—The table in section 2401(a) of
the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113 Stat.
836) is amended—
(1) under the agency heading relating to
TRICARE Management Activity, in the item relat-
ing to Naval Air Station, Whidbey Island, Wash-
ington, 
by 
striking 
‘‘$4,700,000’’ 
inserting
‘‘$6,600,000’’;
(2) under the agency heading relating to Chem-
ical Demilitarization, in the item relating to Blue
Grass 
Army 
Depot, 
Kentucky, 
by 
striking
‘‘$206,800,000’’ in the amount column and inserting
‘‘$254,030,000’’; and
(3) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$636,550,000’’.
(b) CONFORMING AMENDMENT.—Section 2405(b)(3)
of that Act (113 Stat. 839) is amended by striking
‘‘$184,000,000’’ and inserting ‘‘$231,230,000’’.
419
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 1999 PROJECT.
The table in section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1999 (division B
of Public Law 105–261; 112 Stat. 2193) is amended—
(1) under the agency heading relating to Chem-
ical Demilitarization, in the item relating to Aber-
deen Proving Ground, Maryland, by striking
‘‘$186,350,000’’ in the amount column and inserting
‘‘$223,950,000’’; and
(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$727,616,000’’.
(b) 
CONFORMING
AMENDMENTS.—Section
2404(b)(3) of that Act (112 Stat. 2196) is amended by
striking ‘‘$158,000,000’’ and inserting ‘‘$195,600,000’’.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 1995 PROJECT.
The table in section 2401 of the Military Construc-
tion Authorization Act for Fiscal Year 1995 (division B
of Public Law 103–337; 108 Stat. 3040), as amended by
section 2407 of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law 104–
106; 110 Stat. 539), section 2408 of the Military Con-
struction Authorization Act for Fiscal Year 1998 (division
B of Public Law 105–85; 111 Stat. 1982), and section
420
2406 of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105–261; 112
Stat. 2197), is amended under the agency heading relating
to Chemical Agents and Munitions Destruction, in the
item relating to Pine Bluff Arsenal, Arkansas, by striking
‘‘$154,400,000’’ in the amount column and inserting
‘‘$177,400,000’’.
SEC. 2408. PROHIBITION ON EXPENDITURES TO DEVELOP
FORWARD OPERATING LOCATION ON ARUBA
FOR UNITED STATES SOUTHERN COMMAND
COUNTER-DRUG 
DETECTION 
AND 
MONI-
TORING FLIGHTS.
None of the funds appropriated under the heading
‘‘MILITARY CONSTRUCTION, DEFENSE-WIDE’’ in chapter 3
of title III of the Emergency Supplemental Act, 2000
(Public Law 106–246; 114 Stat. 579), may be used by
the Secretary of Defense to develop any forward operating
location on the island of Aruba to serve as a location from
which the United States Southern Command could con-
duct counter-drug detection and monitoring flights.
421
TITLE 
XXV—NORTH 
ATLANTIC
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for
the North Atlantic Treaty Organization Security Invest-
ment Program as provided in section 2806 of title 10,
United States Code, in an amount not to exceed the sum
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the
North Atlantic Treaty Organization as a result of con-
struction previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2001, for con-
tributions by the Secretary of Defense under section 2806
of title 10, United States Code, for the share of the United
States of the cost of projects for the North Atlantic Treaty
Organization Security Investment Program authorized by
section 2501, in the amount of $162,600,000.
422
TITLE XXVI—GUARD AND
RESERVE FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) IN GENERAL.—There are authorized to be appro-
priated for fiscal years beginning after September 30,
2001, for the costs of acquisition, architectural and engi-
neering services, and construction of facilities for the
Guard and Reserve Forces, and for contributions therefor,
under chapter 1803 of title 10, United States Code (in-
cluding the cost of acquisition of land for those facilities),
the following amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the
United States, $304,915,000; and
(B) for the Army Reserve, $173,017,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $53,291,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the
United States, $197,472,000; and
(B) 
for 
the 
Air 
Force 
Reserve,
$79,132,000.
423
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZA-
TIONS
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND
AMOUNTS REQUIRED TO BE SPECIFIED BY
LAW.
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVI for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment program
(and authorizations of appropriations therefor) shall ex-
pire on the later of—
(1) October 1, 2004; or
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year
2005.
(b) EXCEPTION.—Subsection (a) shall not apply to
authorizations for military construction projects, land ac-
quisition, family housing projects and facilities, and con-
tributions to the North Atlantic Treaty Organization Se-
curity Investment program (and authorizations of appro-
priations therefor) for which appropriated funds have been
obligated before the later of—
424
(1) October 1, 2004; or
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2005 for military con-
struction projects, land acquisition, family housing
projects and facilities, or contributions to the North
Atlantic Treaty Organization Security Investment
program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1999 PROJECTS.
(a) EXCEPTION.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1999 (division B of Public Law 105–261; 112 Stat.
2199), authorizations set forth in the tables in subsection
(b), as provided in section 2302 or 2601 of that Act, shall
remain in effect until October 1, 2002, or the date of the
enactment of an Act authorizing funds for military con-
struction for fiscal year 2003, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Air Force: Extension of 1999 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Delaware .......................
Dover Air Force Base
Family Housing
Replacement
(55 Units) ...
$8,998,000
Florida ..........................
Patrick Air Force Base
Family Housing
Replacement
(46 Units) ...
$9,692,000
New Mexico ..................
Kirtland Air Force
Base .........................
Family Housing
Replacement
(37 Units) ...
$6,400,000
425
Air Force: Extension of 1999 Project Authorizations—Continued
State
Installation or loca-
tion
Project
Amount
Ohio ..............................
Wright-Patterson Air
Force Base ..............
Family Housing
Replacement
(40 Units) ...
$5,600,000
Army National Guard: Extension of 1999 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Massachusetts ...............
Westfield ......................
Army Aviation
Support Fa-
cility .............
$9,274,000
South Carolina .............
Spartanburg ................
Readiness Cen-
ter.
$5,260,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1998 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1998 (division B of Public Law 105–85; 111 Stat.
1984), authorizations set forth in the tables in subsection
(b), as provided in section 2102, 2202, or 2302 of that
Act and extended by section 2702 of the Military Con-
struction Authorization Act for Fiscal Year 2001 (division
B of the Spence Act; 114 Stat. 1654A–408), shall remain
in effect until October 1, 2002, or the date of the enact-
ment of an Act authorizing funds for military construction
for fiscal year 2003, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
426
Army: Extension of 1998 Project Authorization
State
Installation or loca-
tion
Project
Amount
Maryland ......................
Fort Meade .................
Family Housing
Construction
(56 units) ....
$7,900,000
Navy: Extension of 1998 Project Authorizations
State
Installation or loca-
tion
Project
Amount
California ......................
Naval Complex, San
Diego .......................
Family Housing
Replacement
(94 units) ....
$13,500,000
California ......................
Marine Corps Air Sta-
tion, Miramar ..........
Family Housing
Construction
(166 units) ..
$28,881,000
Louisiana ......................
Naval Complex, New
Orleans ....................
Family Housing
Replacement
(100 units) ..
$11,930,000
Texas ............................
Naval Air Station, Cor-
pus Christi ...............
Family Housing
Construction
(212 units) ..
$22,250,000
Air Force: Extension of 1998 Project Authorization
State
Installation or loca-
tion
Project
Amount
New Mexico ..................
Kirtland Air Force
Base .........................
Family Housing
Replacement
(180 units) ..
$20,900,000
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI
shall take effect on the later of—
(1) October 1, 2001; or
(2) the date of the enactment of this Act.
427
TITLE XXVIII—GENERAL
PROVISIONS
Subtitle A—Military Construction
Program and Military Family
Housing Changes
SEC. 2801. INCREASE IN CERTAIN UNSPECIFIED MINOR
MILITARY 
CONSTRUCTION 
PROJECT
THRESHOLDS.
Section 2805 of title 10, United States Code, is
amended—
(1) in subsection (b)(1), by striking ‘‘$500,000’’
and inserting ‘‘$750,000’’;
(2) 
in 
subsection 
(c)(1)(A), 
by 
striking
‘‘$1,000,000’’ and inserting ‘‘$1,500,000’’; and
(3) 
in 
subsection 
(c)(1)(B), 
by 
striking
‘‘$500,000’’ and inserting ‘‘$750,000’’.
SEC. 2802. EXCLUSION OF UNFORESEEN ENVIRONMENTAL
HAZARD REMEDIATION FROM LIMITATION
ON AUTHORIZED COST VARIATIONS.
Subsection (d) of section 2853 of title 10, United
States Code, is amended to read as follows:
‘‘(d) The limitation on cost increases in subsection
(a) does not apply—
‘‘(1) to the settlement of a contractor claim
under a contract; or
428
‘‘(2) to the costs associated with the required
remediation of an environmental hazard in connec-
tion with a military construction project or military
family housing project, such as asbestos removal,
radon abatement, lead-based paint removal or abate-
ment, or any other legally required environmental
hazard remediation, if the required remediation
could not have reasonably been anticipated at the
time the project was approved originally by Con-
gress.’’.
SEC. 2803. REPEAL OF ANNUAL REPORTING REQUIREMENT
ON MILITARY CONSTRUCTION AND MILITARY
FAMILY HOUSING ACTIVITIES.
(a) REPEAL.—Section 2861 of title 10, United States
Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of subchapter III of chapter 169 of such
title is amended by striking the item relating to section
2861.
SEC. 2804. PERMANENT AUTHORIZATION FOR ALTER-
NATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) REPEAL OF TERMINATION PROVISION.—Section
2885 of title 10, United States Code, is repealed.
429
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of subchapter IV of chapter 169 of such
title is amended by striking the item relating to section
2885.
Subtitle B—Real Property and
Facilities Administration
SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN
RECREATIONAL ACTIVITIES.
Section 2671 of title 10, United States Code, is
amended—
(1) by transferring subsection (b) to the end of
the section and redesignating such subsection, as so
transferred, as subsection (e); and
(2) by inserting after subsection (a) the fol-
lowing new subsection (b):
‘‘(b) Subsection (a) shall not apply with respect to
all or certain specified hunting, fishing, or trapping at a
military installation or facility if the Secretary of Defense
determines that the application of the State or Territory
fish and game laws to such hunting, fishing, or trapping
without modification could result in undesirable con-
sequences for public safety or adverse effects on morale,
welfare, or recreation activities at the installation or facil-
ity. The Secretary may not waive or modify the require-
ments under subsection (a)(2) regarding a license for such
430
hunting, fishing, or trapping or any fee imposed by a State
or Territory to obtain such a license.’’.
SEC. 2812. BASE EFFICIENCY PROJECT AT BROOKS AIR
FORCE BASE, TEXAS.
(a) INDEMNIFICATION OF TRANSFEREES.—Section
136 of the Military Construction Appropriations Act, 2001
(division A of Public Law 106–246; 114 Stat. 520), is
amended—
(1) by striking subsection (n);
(2) by redesignating subsection (m) as sub-
section (n); and
(3) by inserting after subsection (l) the fol-
lowing new subsection:
‘‘(m) INDEMNIFICATION
OF
TRANSFEREES.—(1)
With respect to the disposal of real property under sub-
section (e) at the Base as part of the Project, the Sec-
retary shall hold harmless, defend, and indemnify in full
the Community and other persons and entities described
in paragraph (2) from and against any suit, claim, de-
mand or action, liability, judgment, cost or other fee aris-
ing out of any claim for personal injury or property dam-
age (including death, illness, or loss of or damage to prop-
erty or economic loss) that results from, or is in any man-
ner predicated upon, the release or threatened release of
any hazardous substance, pollutant or contaminant, or pe-
431
troleum or petroleum derivative as a result of Department
of Defense activities at the Base.
‘‘(2) The persons and entities referred to in para-
graph (1) are the following:
‘‘(A) The Community (including any officer,
agent, or employee of the Community) that acquires
ownership or control of any real property at the
Base as described in paragraph (1).
‘‘(B) The State of Texas or any political sub-
division of the State (including any officer, agent, or
employee of the State or political subdivision) that
acquires such ownership or control.
‘‘(C) Any other person or entity that acquires
such ownership or control.
‘‘(D) Any successor, assignee, transferee, lend-
er, or lessee of a person or entity described in sub-
paragraphs (A) through (C).
‘‘(3) To the extent the persons and entities described
in paragraph (2) contributed to any such release or threat-
ened release, paragraph (1) shall not apply.
‘‘(4) No indemnification may be afforded under this
subsection unless the person or entity making a claim for
indemnification—
‘‘(A) notifies the Department of Defense in
writing within two years after such claim accrues or
432
begins action within six months after the date of
mailing, by certified or registered mail, of notice of
final denial of the claim by the Department of De-
fense;
‘‘(B) furnishes to the Department of Defense
copies of pertinent papers the entity receives;
‘‘(C) furnishes evidence or proof of any claim,
loss, or damage covered by this subsection; and
‘‘(D) provides, upon request by the Department
of Defense, access to the records and personnel of
the entity for purposes of defending or settling the
claim or action.
‘‘(5) In any case in which the Secretary determines
that the Department of Defense may be required to make
indemnification payments to a person under this sub-
section for any suit, claim, demand or action, liability,
judgment, cost or other fee arising out of any claim for
personal injury or property damage referred to in para-
graph (1), the Secretary may settle or defend, on behalf
of that person, the claim for personal injury or property
damage. If the person to whom the Department of De-
fense may be required to make indemnification payments
does not allow the Secretary to settle or defend the claim,
the person may not be afforded indemnification with re-
spect to that claim under this subsection.
433
‘‘(6) For purposes of paragraph (4)(A), the date on
which a claim accrues is the date on which the plaintiff
knew (or reasonably should have known) that the personal
injury or property damage referred to in paragraph (1)
was caused or contributed to by the release or threatened
release of a hazardous substance, pollutant or contami-
nant, or petroleum or petroleum derivative as a result of
Department of Defense activities at the Base.
‘‘(7) Nothing in this subsection shall be construed as
affecting or modifying in any way section 120(h) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)).
‘‘(8) In this subsection, the terms ‘facility’, ‘haz-
ardous substance’, ‘release’, and ‘pollutant or contami-
nant’ have the meanings given such terms in section 101
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980, respectively (42
U.S.C. 9601).’’.
(b) DEFINITIONS.—Paragraph (9) of subsection (n)
of such section, as redesignated by subsection (a)(2), is
amended by striking ‘‘, who shall be a civilian official of
the Department appointed by the President with the ad-
vice and consent of the Senate’’.
434
SEC. 2813. USE OF BUILDINGS ON MILITARY INSTALLA-
TIONS AND RESERVE COMPONENT FACILI-
TIES AS POLLING PLACES.
(a) USE
OF MILITARY INSTALLATIONS AUTHOR-
IZED.—Section 2670 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(b) USE
AS
POLLING
PLACES.—(1) Notwith-
standing chapter 29 of title 18 (including sections 592 and
593 of such title), the Secretary of a military department
may make a building located on a military installation
under the jurisdiction of the Secretary available for use
as a polling place in any Federal, State, or local election
for public office.
‘‘(2) Once a military installation is made available as
the site of a polling place with respect to a Federal, State,
or local election for public office, the Secretary shall con-
tinue to make the site available for subsequent elections
for public office unless the Secretary provides to Congress
advance notice in a reasonable and timely manner of the
reasons why the site will no longer be made available as
a polling place.
‘‘(3) In this subsection, the term ‘military installa-
tion’ has the meaning given the term in section 2687(e)
of this title.’’.
435
(b) USE OF RESERVE COMPONENT FACILITIES.—(1)
Section 18235 of such title is amended by adding at the
end the following new subsection:
‘‘(c) Pursuant to a lease or other agreement under
subsection (a)(2), the Secretary may make a facility cov-
ered by subsection (a) available for use as a polling place
in any Federal, State, or local election for public office
notwithstanding chapter 29 of title 18 (including sections
592 and 593 of such title). Once a facility is made avail-
able as the site of a polling place with respect to an elec-
tion for public office, the Secretary shall continue to make
the facility available for subsequent elections for public of-
fice unless the Secretary provides to Congress advance no-
tice in a reasonable and timely manner of the reasons why
the facility will no longer be made available as a polling
place.’’.
(2) Section 18236 of such title is amended by adding
at the end the following new subsection:
‘‘(e) Pursuant to a lease or other agreement under
subsection (c)(1), a State may make a facility covered by
subsection (c) available for use as a polling place in any
Federal, State, or local election for public office notwith-
standing chapter 29 of title 18 (including sections 592 and
593 of such title).’’.
436
(c) CONFORMING AND CLERICAL AMENDMENTS.—
(1) section 2670 of such title is further amended—
(A) by striking ‘‘Under’’ and inserting ‘‘(a)
USE BY RED CROSS.—Under’’; and
(B) by striking ‘‘this section’’ and inserting
‘‘this subsection’’.
(2) The heading of such section is amended to read
as follows:
‘‘§ 2670. Buildings on military installations: use by
American National Red Cross and as poll-
ing places’’.
(3) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
‘‘2670. Buildings on military installations: use by American National Red Cross
and as polling places.’’.
Subtitle C—Defense Base Closure
and Realignment
SEC. 2821. LEASE BACK OF BASE CLOSURE PROPERTY.
(a) 1988 LAW.—Section 204(b)(4) of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 2687
note) is amended—
(1) by redesignating subparagraphs (E), (F),
(G), (H), and (I) as subparagraphs (F), (G), (H),
(I), and (J), respectively; and
437
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph (E):
‘‘(E)(i) The Secretary may transfer real property at
an installation approved for closure or realignment under
this title (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 installation 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 department or agency of the Federal Govern-
ment. 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 extension 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 depart-
438
ment or agency of the Federal Government using the prop-
erty 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.
‘‘(v) Notwithstanding clause (iii) or chapter 137 of
title 10, United States Code, if a lease under clause (i)
involves a substantial portion of the installation, the de-
partment or agency concerned may obtain facility services
for the leased property and common area maintenance
from the redevelopment authority or the redevelopment
authority’s assignee as a provision of the lease. The facil-
ity services and common area maintenance shall be pro-
vided at a rate no higher than the rate charged to non-
Federal tenants of the transferred property. Facility serv-
ices and common area maintenance covered by the lease
shall not include—
‘‘(I) municipal services that a State or local
government is required by law to provide to all land-
owners in its jurisdiction without direct charge; or
‘‘(II) firefighting or security-guard functions.’’.
(b) 1990 LAW.—Section 2905(b)(4)(E) of the De-
fense 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
clause:
439
‘‘(v) Notwithstanding clause (iii) or chapter 137 of
title 10, United States Code, if a lease under clause (i)
involves a substantial portion of the installation, the de-
partment or agency concerned may obtain facility services
for the leased property and common area maintenance
from the redevelopment authority or the redevelopment
authority’s assignee as a provision of the lease. The facil-
ity services and common area maintenance shall be pro-
vided at a rate no higher than the rate charged to non-
Federal tenants of the transferred property. Facility serv-
ices and common area maintenance covered by the lease
shall not include—
‘‘(I) municipal services that a State or local
government is required by law to provide to all land-
owners in its jurisdiction without direct charge; or
‘‘(II) firefighting or security-guard functions.’’.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2831. MODIFICATION OF LAND EXCHANGE, ROCK IS-
LAND ARSENAL, ILLINOIS.
(a) ADDITIONAL CONVEYANCE AUTHORIZED.—Sub-
section (a) of section 2832 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of
Public Law 106–65; 113 Stat. 857) is amended—
440
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new
paragraph:
‘‘(2) The Secretary may convey to the City all right,
title, and interest of the United States in and to an addi-
tional parcel of real property, including improvements
thereon, at the Rock Island Arsenal consisting of approxi-
mately .513 acres.’’.
(b) CONSIDERATION.—Subsection (b) of such section
is amended—
(1) by inserting ‘‘(1)’’ before ‘‘As consider-
ation’’;
(2) by striking ‘‘subsection (a)’’ both places it
appears and inserting ‘‘subsection (a)(1)’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) As consideration for the conveyance under sub-
section (a)(2), the City shall convey to the Secretary all
right, title, and interest of the City in and to a parcel of
real property consisting of approximately .063 acres and
construct on the parcel, at the City’s expense, a new access
ramp to the Rock Island Arsenal.’’.
441
SEC. 2832. MODIFICATION OF LAND CONVEYANCES, FORT
DIX, NEW JERSEY.
Section 2835(c) of the Military Construction Author-
ization Act for Fiscal Year 1998 (division B of Public Law
105–85; 111 Stat. 2004) is amended by adding at the end
the following new paragraph:
‘‘(3) Notwithstanding paragraphs (1) or (2), the Bor-
ough and Board may exchange between each other, with-
out the consent of the Secretary, all or any portion of the
property conveyed under subsection (a) so long as the
property continues to be used by the grantees for economic
development or educational purposes.’’.
SEC. 2833. LEASE AUTHORITY, FORT DERUSSY, HAWAII.
Notwithstanding section 809 of the Military Con-
struction Authorization Act, 1968 (Public Law 90–110;
81 Stat. 309) and section 2814(b) of the Military Con-
struction Authorization Act, 1989 (Public Law 100–456;
102 Stat. 2117), the Secretary of the Army may enter
into a lease with the City of Honolulu, Hawaii, for the
purpose of making available to the City a parcel of real
property at Fort DeRussy, Hawaii, for the construction
of a parking facility.
SEC. 2834. LAND EXCHANGE AND CONSOLIDATION, FORT
LEWIS, WASHINGTON.
(a) EXCHANGE AUTHORIZED.—(1) The Secretary of
the Army may convey to the Nisqually Tribe, a federally
442
recognized Indian tribe whose tribal lands are located
within the State of Washington, all right, title, and inter-
est of the United States in and to two parcels of real prop-
erty, including any improvements thereon, consisting of
approximately 138 acres at Fort Lewis, Washington, in
exchange for the real property described in subsection (b).
(2) The property authorized for conveyance under
paragraph (1) does not include Bonneville Power Adminis-
tration transmission facilities or the right of way described
in subsection (c).
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the Nisqually Tribe shall—
(1) acquire from Thurston Country, Wash-
ington, several parcels of real property consisting of
approximately 416 acres that are owned by the
county, are within the boundaries of Fort Lewis, and
are currently leased by the Army, and
(2) convey fee title over the acquired property
to the Secretary.
(c) RIGHT-OF-WAY FOR BONNEVILLE POWER AD-
MINISTRATION.—The Secretary may use the authority
provided in section 2668 of title 10, United States Code,
to convey to the Bonneville Power Administration a right-
of-way that authorizes the Bonneville Power Administra-
tion to use real property at Fort Lewis as a route for the
443
Grand Coulee-Olympia and Olympia-White River electric
transmission lines and appurtenances to facilitate the re-
moval of such transmission lines from tribal lands of the
Nisqually Tribe.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) and acquired under subsection (b)
shall be determined by a survey satisfactory to the Sec-
retary and the Nisqually Tribe. The cost of the survey
shall be borne by the recipient of the property.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyances under this section
as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 2835. LAND CONVEYANCE, WHITTIER-ANCHORAGE
PIPELINE TANK FARM, ANCHORAGE, ALASKA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Port
of Anchorage, an entity of the Municipality of Anchorage,
Alaska, all right, title, and interest of the United States
in and to two adjoining parcels of real property, including
any improvements thereon, consisting of approximately 48
acres in Anchorage, Alaska, which are known as of the
Whittier-Anchorage Pipeline Tank Farm, for the purpose
444
of permitting the Port of Anchorage to use the parcels
for economic development.
(b) 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 the survey shall be
borne by the recipient of the real property.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under this section
(a) as the Secretary considers appropriate to protect the
interests of the United States.
PART II—NAVY CONVEYANCES
SEC. 2841. TRANSFER OF JURISDICTION, CENTERVILLE
BEACH NAVAL STATION, HUMBOLDT COUNTY,
CALIFORNIA.
(a) TRANSFER AUTHORIZED.—The Secretary of the
Navy may transfer, without reimbursement, to the admin-
istrative jurisdiction of the Secretary of the Interior the
real property, including any improvements thereon, con-
sisting of the closed Centerville Beach Naval Station in
Humboldt County, California, for the purpose of permit-
ting the Secretary of the Interior to manage the real prop-
erty as open space or for other public purposes.
445
(b) LEGAL DESCRIPTION.—The exact acreage and
legal description of the real property to be transferred
under this section shall be determined by a survey satis-
factory to the Secretary of the Navy. The cost of the sur-
vey shall be borne by the Secretary of the Interior.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Navy may require such additional terms
and conditions in connection with the transfer under this
section as the Secretary of the Navy considers appropriate
to protect the interests of the United States.
SEC. 2842. LAND CONVEYANCE, NAVAL WEAPONS INDUS-
TRIAL RESERVE PLANT, TOLEDO, OHIO.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary
of the Navy may convey, without consideration, to the To-
ledo-Lucas County Port Authority, Ohio (in this section
referred to as the ‘‘Port Authority’’), all right, title, and
interest of the United States in and to a parcel of real
property consisting of approximately 29 acres, including
any improvements thereon, and comprising the Naval
Weapons Industrial Reserve Plant, Toledo, Ohio.
(2) The Secretary may include in the conveyance
under paragraph (1) such facilities, equipment, fixtures,
and other personal property located or based on the parcel
conveyed under that paragraph, or used in connection with
446
the parcel, as the Secretary determines to be not required
by the Navy for other purposes.
(b) LEASE AUTHORITY.—Until such time as the real
property described in subsection (a)(1) is conveyed by
deed, the Secretary may lease the real property, together
with any improvements, facilities, equipment, fixtures, and
other personal property thereon, to the Port Authority in
exchange for security services, fire protection services, and
maintenance services provided by the Port Authority for
the real property.
(c) CONDITIONS OF CONVEYANCE.—(1) The convey-
ance under subsection (a), and any lease under subsection
(b), shall be subject to the conditions that the Port
Authority—
(A) accept the parcel, and any improvements,
facilities, equipment, fixtures, and other personal
property thereon, in their condition at the time of
the conveyance or lease, as the case may be; and
(B) except as provided in paragraph (2), use
the parcel, and any improvements, facilities, equip-
ment, fixtures, and other personal property thereon,
whether directly or through an agreement with a
public or private entity, for economic development,
redevelopment, or retention purposes, including the
creation or preservation of jobs and employment op-
447
portunities, or such other public purposes as the
Port Authority determines appropriate.
(2) The Port Authority may at any time convey,
lease, or sublease, as the case may be, the parcel, and any
improvements, facilities, equipment, fixtures, and other
personal property thereon, to a public or private entity for
purposes described in paragraph (1)(B).
(d) INSPECTION.—The Secretary may permit the
Port Authority to review and inspect the improvements,
facilities, equipment, fixtures, and other personal property
located on the parcel described in subsection (a)(1) for
purposes of the conveyance authorized by that subsection
and the lease authorized by subsection (b).
(e) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a)(1), and of any facilities, equipment
fixtures, or other personal property to be conveyed under
subsection (a)(2), shall be determined by a survey and
other means satisfactory to the Secretary. The cost of any
activities under the preceding sentence shall be borne by
the Port Authority.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a)(1),
and any lease under subsection (b), as the Secretary con-
448
siders appropriate to protect the interests of the United
States.
SEC. 2843. MODIFICATION OF AUTHORITY FOR CONVEY-
ANCE OF NAVAL COMPUTER AND TELE-
COMMUNICATIONS STATION, CUTLER, MAINE.
Section 2853(a) of the Military Construction Author-
ization Act for Fiscal Year 2001 (division B of the Spence
Act; 114 Stat. 1654A–430) is amended by inserting ‘‘any
or’’ before ‘‘all right’’.
SEC. 2844. MODIFICATION OF LAND CONVEYANCE, FORMER
UNITED STATES MARINE CORPS AIR STA-
TION, EAGLE MOUNTAIN LAKE, TEXAS.
Section 5 of Public Law 85–258 (71 Stat. 583) is
amended by inserting before the period at the end the fol-
lowing: ‘‘or for the protection, maintenance, and operation
of other Texas National Guard facilities’’.
SEC. 2845. LAND TRANSFER AND CONVEYANCE, NAVAL SE-
CURITY GROUP ACTIVITY, WINTER HARBOR,
MAINE.
(a) TRANSFER
OF
JURISDICTION
OF
SCHOODIC
POINT PROPERTY AUTHORIZED.—(1) The Secretary of
the Navy may transfer, without consideration, to the Sec-
retary of the Interior administrative jurisdiction of a par-
cel of real property, including any improvements thereon
and appurtenances thereto, consisting of approximately 26