H. R. 4986—542 
rental or cost for the use of the real property is more than 
$750,000.’’. 
SEC. 2822. CONTINUED CONSOLIDATION OF REAL PROPERTY PROVI-
SIONS WITHOUT SUBSTANTIVE CHANGE. 
(a) CONSOLIDATION.—Section 2663 of title 10, United States 
Code, is amended by adding at the end the following new subsection: 
‘‘(h) LAND ACQUISITION OPTIONS
IN ADVANCE
OF MILITARY 
CONSTRUCTION PROJECTS.—(1) The Secretary of a military depart-
ment may acquire an option on a parcel of real property before 
or after its acquisition is authorized by law, if the Secretary con-
siders it suitable and likely to be needed for a military project 
of the military department under the jurisdiction of the Secretary. 
‘‘(2) As consideration for an option acquired under paragraph 
(1), the Secretary may pay, from funds available to the military 
department under the jurisdiction of the Secretary for real property 
activities, an amount that is not more than 12 percent of the 
appraised fair market value of the property.’’. 
(b) REPEAL OF SUPERSEDED PROVISION.— 
(1) REPEAL.—Section 2677 of such title is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 159 of such title is amended by striking 
the item relating to section 2677. 
SEC. 2823. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS 
PROPERTY OF THE MILITARY DEPARTMENTS. 
(a) ELIMINATION OF AUTHORITY TO ACCEPT FACILITIES OPER-
ATION SUPPORT AS IN-KIND CONSIDERATION.—Subsection (c)(1) of 
section 2667 of title 10, United States Code, is amended— 
(1) by redesignating subparagraph (E) as subparagraph 
(F); and 
(2) by striking subparagraph (D) and inserting the following 
new subparagraphs: 
‘‘(D) Provision or payment of utility services for the Sec-
retary concerned. 
‘‘(E) Provision of real property maintenance services for 
the Secretary concerned.’’. 
(b) ELIMINATION OF AUTHORITY TO USE RENTAL AND CERTAIN 
OTHER PROCEEDS FOR FACILITIES OPERATION SUPPORT.—Subsection 
(e)(1)(C) of such section is amended— 
(1) by adjusting the margins of clauses (ii) and (iii) to 
conform to the margin of clause (i); and 
(2) by striking clause (iv) and inserting the following new 
clauses: 
‘‘(iv) Payment of utility services. 
‘‘(v) Real property maintenance services.’’. 
(c) USE OF COMPETITIVE PROCEDURES FOR SELECTION OF CER-
TAIN LESSEES.—Subsection (h) of such section is amended— 
(1) in paragraph (1), by striking ‘‘exceeds one year, and 
the fair market value of the lease’’ and inserting ‘‘exceeds 
one year, or the fair market value of the lease’’; 
(2) by redesignating paragraph (3) as paragraph (4); and 
(3) by striking paragraph (2) and inserting the following 
new paragraphs: 
‘‘(2) Paragraph (1) does not apply if the Secretary concerned 
determines that— 
‘‘(A) a public interest will be served as a result of the 
lease; and
H. R. 4986—543 
‘‘(B) the use of competitive procedures for the selection 
of certain lessees is unobtainable or not compatible with the 
public benefit served under subparagraph (A). 
‘‘(3) Not later than 45 days before entering into a lease described 
in paragraph (1), the Secretary concerned shall submit to Congress 
written notice describing the terms of the proposed lease and— 
‘‘(A) the competitive procedures used to select the lessee; 
or 
‘‘(B) in the case of a lease involving the public benefit 
exception authorized by paragraph (2), a description of the 
public benefit to be served by the lease.’’. 
(d) TECHNICAL AMENDMENTS RELATED TO PRIOR-YEAR AMEND-
MENT.—Subsection (e) of such section is amended— 
(1) in paragraph (1)(B)(ii), by striking ‘‘paragraph (4), (5), 
or (6)’’ and inserting ‘‘paragraph (3), (4), or (5)’’; and 
(2) by redesignating paragraphs (4), (5), and (6) as para-
graphs (3), (4), and (5). 
SEC. 2824. COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT 
OF CULTURAL RESOURCES ON CERTAIN SITES OUTSIDE 
MILITARY INSTALLATIONS. 
(a) EXPANDED AUTHORITY.—Section 2684 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘on military installations’’ 
and inserting ‘‘located on a site authorized by subsection (b)’’; 
(2) by redesignating subsections (b) and (c) as subsections 
(c) and (d), respectively; and 
(3) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) AUTHORIZED CULTURAL RESOURCES SITES.—To be covered 
by a cooperative agreement under subsection (a), cultural resources 
must be located— 
‘‘(1) on a military installation; or 
‘‘(2) on a site outside of a military installation, but only 
if the cooperative agreement will directly relieve or eliminate 
current or anticipated restrictions that would or might restrict, 
impede, or otherwise interfere, whether directly or indirectly, 
with current or anticipated military training, testing, or oper-
ations on a military installation.’’. 
(b) CULTURAL RESOURCE DEFINED.—Subsection (d) of such sec-
tion, as redesignated by subsection (a)(2), is amended by adding 
at the end the following new paragraph: 
‘‘(5) An Indian sacred site, as defined in section 1(b)(iii) 
of Executive Order No. 13007.’’. 
SEC. 2825. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CON-
STRAINTS ON MILITARY TRAINING, TESTING, AND OPER-
ATIONS. 
(a) MANAGEMENT OF NATURAL RESOURCES OF ACQUIRED PROP-
ERTY.—Subsection (d) of section 2684a of title 10, United States 
Code, is amended— 
(1) by redesignating paragraphs (3), (4), (5), and (6) as 
paragraphs (4), (5), (6), and (7), respectively; and 
(2) by inserting after paragraph (2) the following new para-
graph (3): 
‘‘(3) An agreement with an eligible entity under this section 
may provide for the management of natural resources on real prop-
erty in which the Secretary concerned acquires any right, title,
H. R. 4986—544 
or interest in accordance with this subsection and for the payment 
by the United States of all or a portion of the costs of such natural 
resource management if the Secretary concerned determines that 
there is a demonstrated need to preserve or restore habitat for 
the purpose described in subsection (a)(2).’’. 
(b) LIMITATION ON PORTION OF ACQUISITION COSTS BORNE BY 
UNITED STATES.—Paragraph (4) of such subsection, as redesignated 
by subsection (a)(1), is amended— 
(1) by redesignating subparagraph (D) as subparagraph 
(E); 
(2) in subparagraph (C), by striking ‘‘equal to the fair 
market value’’ and all that follows through the period at the 
end and inserting ‘‘equal to, at the discretion of the Secretary 
concerned— 
‘‘(i) the fair market value of any property or interest in 
property to be transferred to the United States upon the request 
of the Secretary concerned under paragraph (5); or 
‘‘(ii) the cumulative fair market value of all properties 
or interests to be transferred to the United States under para-
graph (5) pursuant to an agreement under subsection (a).’’; 
and 
(3) by inserting after subparagraph (C) the following new 
subparagraph: 
‘‘(D) The portion of acquisition costs borne by the United States 
under subparagraph (A) may exceed the amount determined under 
subparagraph (C), but only if— 
‘‘(i) the Secretary concerned provides written notice to the 
Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives containing— 
‘‘(I) a certification by the Secretary that the military 
value to the United States of the property or interest 
to be acquired justifies a payment in excess of the fair 
market value of the property or interest; and 
‘‘(II) a description of the military value to be obtained; 
and 
‘‘(ii) the contribution toward the acquisition costs of the 
property or interest is not made until at least 14 days after 
the date on which the notice is submitted under clause (i) 
or, if earlier, at least 10 days after the date on which a copy 
of the notice is provided in an electronic medium pursuant 
to section 480 of this title.’’. 
SEC. 2826. EXPANSION TO ALL MILITARY DEPARTMENTS OF ARMY 
PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNIC-
IPAL SERVICES FOR MILITARY INSTALLATIONS. 
(a) EXPANSION OF PILOT PROGRAM.—Section 325 of the Ronald 
W. Reagan National Defense Authorization Act for Fiscal Year 
2005 (Public Law 108–375; 10 U.S.C. 2461 note) is amended— 
(1) in the section heading, by striking ‘‘ARMY’’ and inserting 
‘‘MILITARY’’; 
(2) in subsection (a)— 
(A) by striking ‘‘Secretary of the Army’’ and inserting 
‘‘Secretary of a military department’’; and 
(B) by striking ‘‘an Army installation’’ and inserting 
‘‘a military installation under the jurisdiction of the Sec-
retary’’; and
H. R. 4986—545 
(3) in subsection (d), by striking ‘‘The Secretary’’ and 
inserting ‘‘The Secretary of a military department’’. 
(b) PARTICIPATING INSTALLATIONS.—Subsection (c) of such sec-
tion is amended by striking ‘‘two Army installations’’ and inserting 
‘‘three military installations from each military service’’. 
(c) EXTENSION
OF DURATION
OF PROGRAM.—Such section is 
further amended by striking subsections (e) and (f) and inserting 
the following new subsection: 
‘‘(e) TERMINATION OF PILOT PROGRAM.—The pilot program shall 
terminate on September 30, 2012. Any contract entered into under 
the pilot program shall terminate not later than that date.’’. 
SEC. 2827. PROHIBITION ON COMMERCIAL FLIGHTS INTO SELFRIDGE 
AIR NATIONAL GUARD BASE. 
The Secretary of Defense shall prohibit the use of Selfridge 
Air National Guard Base by commercial service aircraft. 
SEC. 2828. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE 
ACTIONS TO PROTECT INSTALLATIONS, RANGES, AND 
MILITARY AIRSPACE FROM ENCROACHMENT. 
(a) FINDINGS.—In light of the initial report of the Department 
of Defense submitted pursuant to section 2684a(g) of title 10, United 
States Code, and of the RAND Corporation report entitled ‘‘The 
Thin Green Line: An Assessment of DoD’s Readiness and Environ-
mental Protection Initiative to Buffer Installation Encroachment’’, 
Congress makes the following findings: 
(1) Development and loss of habitat in the vicinity of, 
or in areas ecologically related to, military installations, ranges, 
and airspace pose a continuing and significant threat to the 
readiness of the Armed Forces. 
(2) The Range Sustainability Program (RSP) of the Depart-
ment of Defense, and in particular the Readiness and Environ-
mental Protection Initiative (REPI) involving agreements 
pursuant to section 2684a of title 10, United States Code, 
have been effective in addressing this threat to readiness with 
regard to a number of important installations, ranges, and 
airspace. 
(3) The opportunities to take effective action to protect 
installations, ranges, and airspace from encroachment is in 
many cases transient, and delay in taking action will result 
in either higher costs or permanent loss of the opportunity 
effectively to address encroachment. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Department of Defense should— 
(1) develop additional policy guidance on the further 
implementation of the Readiness and Environmental Protection 
Initiative (REPI), to include additional emphasis on protecting 
biodiversity and on further refining procedures; 
(2) give greater emphasis to effective cooperation and 
collaboration on matters of mutual concern with other Federal 
agencies charged with managing Federal land; and 
(3) ensure that each military department takes full advan-
tage of the authorities provided by section 2684a of title 10, 
United States Code, in addressing encroachment adversely 
affecting, or threatening to adversely affect, the installations, 
ranges, and military airspace of the department. 
(c) REPORTING REQUIREMENT.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense