544
(a)’’ in the first sentence and inserting ‘‘sub-
section (b)’’; 
(C) in subsection (d), by striking ‘‘sub-
section 
(b)(1)’’ 
and 
inserting 
‘‘subsection 
(c)(1)’’; and 
(D) in subsection (e), by striking ‘‘this sec-
tion’’ and inserting ‘‘subsection (b)’’. 
(d) CLERICAL AMENDMENTS.—
(1) SECTION 2571.—(A) The heading of section 
2571 of such title is amended to read as follows: 
‘‘§ 2571. Interchange of supplies and services’’. 
(B) The table of sections at the beginning of 
chapter 153 of such title is amended by striking the 
item relating to section 2571 and inserting the fol-
lowing new item:
‘‘2571. Interchange of supplies and services.’’.
(2) SECTIONS 2693 AND 2696.—(A) The heading 
of section 2696 of such title is amended to read as 
follows: 
‘‘§ 2696. Transfers and disposals: interchange among 
armed forces and screening requirements 
for other Federal use’’. 
(B) The table of sections at the beginning of 
chapter 159 of such title is amended—
(i) by striking the item relating to section 
2693; and
545
(ii) by striking the item relating to section 
2696 and inserting the following new item:
‘‘2696. Transfers and disposals: interchange among armed forces and screening 
requirements for other Federal use.’’.
SEC. 2825. CONGRESSIONAL NOTICE REQUIREMENTS IN AD-
VANCE OF ACQUISITION OF LAND BY CON-
DEMNATION FOR MILITARY PURPOSES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Defense, when acquiring land 
for military purposes, should make every effort to do so 
by means of purchases from willing sellers and should em-
ploy condemnation, eminent domain, or seizure procedures 
only as a measure of last resort in cases of compelling 
national security requirements. 
(b) CONGRESSIONAL NOTICE.—Section 2663(a) of 
title 10, United States Code, is amended by adding at the 
end the following new paragraph: 
‘‘(3) Before using condemnation, eminent domain, or 
seizure procedures to acquire any interest in land, includ-
ing land for temporary use, under this subsection, the Sec-
retary of Defense or the Secretary of the military depart-
ment concerned shall submit to the congressional defense 
committees a report that includes certification that the 
Secretary has made every effort to acquire the property 
without use of such procedures, explains the compelling 
requirements for the acquisition and why alternative ac-
546
quisition strategies, such as purchases of easements, are 
inadequate, and describes the property for which the pro-
cedures will be employed. Proceedings may be brought 
with respect to the land only after the end of the 14-day 
period beginning on the date on which the report is re-
ceived by the committees or, if over sooner, a period of 
10 days elapses from the date on which a copy of the re-
port is provided in an electronic medium pursuant to sec-
tion 480 of this title.’’. 
SEC. 2826. DEFENSE ACCESS ROAD PROGRAM. 
Section 2837 of the Military Construction Authoriza-
tion Act for Fiscal Year 2006 (division B of Public Law 
109–163; 119 Stat. 3522) is amended—
(1) in subsection (a), by inserting ‘‘and transit 
systems’’ after ‘‘that roads’’; and 
(2) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (1); and 
(B) by striking paragraph (2) and insert-
ing the following new paragraphs: 
‘‘(2) to determine whether the existing surface 
transportation infrastructure, including roads and 
transit at each installation identified under para-
graph (1) is adequate to support the increased traf-
547
fic associated with the increase in the number of de-
fense personnel described in that paragraph; and 
‘‘(3) to determine whether the defense access 
road program adequately considers the complete 
range of surface transportation options, including 
roads and other means of transit, necessary to sup-
port the national defense.’’. 
Subtitle C—Base Closure and 
Realignment 
SEC. 2831. TREATMENT OF LEASE PROCEEDS FROM MILI-
TARY INSTALLATIONS APPROVED FOR CLO-
SURE OR REALIGNMENT AFTER JANUARY 1, 
2005. 
Paragraph (5) of section 2667(d) of title 10, United 
States Code, is amended to read as follows: 
‘‘(5) Money rentals received by the United States 
from a lease under subsection (f) at a military installation 
to be closed or realigned under a base closure law shall 
be deposited—
‘‘(A) into the account established under section 
2906(a) of the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public 
Law 101–510; 10 U.S.C. 2687 note), if the installa-
tion was approved for closure or realignment before 
January 1, 2005; or
548
‘‘(B) into the account established under section 
2906A(a) of such Act, if the installation was ap-
proved for closure or realignment after January 1, 
2005.’’. 
Subtitle D—Land Conveyances 
SEC. 2841. LAND CONVEYANCE, NAVAL AIR STATION, BAR-
BERS POINT, HAWAII. 
(a) CONVEYANCE
OF PROPERTY.—Not later than 
September 30, 2008, the Secretary of the Navy shall con-
vey, by sale, lease, or a combination thereof, to any public 
or private person or entity outside the Department of De-
fense certain parcels of real property, including any im-
provements thereon, consisting of approximately 499 acres 
located at the former Naval Air Station, Barbers Point, 
Oahu, Hawaii, that are subject to the Ford Island Master 
Development Agreement developed pursuant to section 
2814(a)(2) of title 10, United States Code, for the purpose 
of promoting the beneficial development of the real prop-
erty. 
(b) USE OF EXISTING AUTHORITY.—To implement 
subsection (a), the Secretary may utilize the special con-
veyance and lease authorities provided to the Secretary by 
subsections (b) and (c) of section 2814 of title 10, United 
States Code, for the purpose of developing or facilitating 
the development of Ford Island, Hawaii.
549
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary. 
(d) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with a conveyance under subsection (a) 
as the Secretary considers appropriate to protect the inter-
ests of the United States. 
SEC. 2842. MODIFICATION OF LAND ACQUISITION AUTHOR-
ITY, PERQUIMANS COUNTY, NORTH CARO-
LINA. 
Section 2846 of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (division B of Public Law 
107–107; 115 Stat. 1320), as amended by section 2865 
of the Military Construction Authorization Act for Fiscal 
Year 2005 (division B of Public Law 108–375; 118 Stat. 
2149) is further amended by striking ‘‘840 acres’’ and in-
serting ‘‘1,540 acres’’. 
SEC. 2843. LAND CONVEYANCE, RADFORD ARMY AMMUNI-
TION PLANT, PULASKI COUNTY, VIRGINIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Army may convey, without consideration, to the De-
partment of Veterans’ Services of the Commonwealth of 
Virginia (in this section referred to as the ‘‘Department’’)
550
all right, title, and interest of the United States in and 
to a parcel of real property, including any improvements 
thereon, consisting of approximately 85 acres at the 
Radford Army Ammunition Plant in Pulaski County, Vir-
ginia, for the purpose of permitting the Department to 
establish and operate a State-run cemetery for veterans 
of the Armed Forces. 
(b) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the real property conveyed 
under subsection (a) is not being used in accordance with 
the purpose of the conveyance specified in such subsection, 
all right, title, and interest in and to the property shall 
revert, at the option of the Secretary, to the United States, 
and the United States shall have the right of immediate 
entry onto the property. Any determination of the Sec-
retary under this subsection shall be made on the record 
after an opportunity for a hearing. 
(c) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall 
require the Department to cover costs to be incurred 
by the Secretary, or to reimburse the Secretary for 
costs incurred by the Secretary, to carry out the 
conveyance under subsection (a), including survey 
costs, costs related to environmental documentation, 
and other administrative costs related to the convey-
551
ance. If amounts are collected from the Department 
in advance of the Secretary incurring the actual 
costs, and the amount collected exceeds the costs ac-
tually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess 
amount to the Department. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.—
Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account 
that was used to cover the costs incurred by the Sec-
retary in carrying out the conveyance. 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. 
(d) DESCRIPTION OF REAL PROPERTY.—The exact 
acreage and legal description of the real property to be 
conveyed under subsection (a) shall be determined by a 
survey satisfactory to the Secretary. 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection 
(a) as the Secretary considers appropriate to protect the 
interests of the United States.
552
SEC. 2844. LAND CONVEYANCE, NORTH HILLS ARMY RE-
SERVE CENTER, ALLISON PARK, PENNSYL-
VANIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Army may convey to the North Allegheny School Dis-
trict (in this section referred to as the ‘‘School District’’) 
all right, title, and interest of the United States in and 
to a parcel of real property consisting of approximately 
11.15 acres and containing the North Hills Army Reserve 
Center in Allison Park, Pennsylvania, for the purpose of 
permitting the School District to use the property for edu-
cational and recreational purposes and for parking facili-
ties related thereto. 
(b) CONSIDERATION.—The Secretary may waive any 
requirement for consideration in connection with the con-
veyance under subsection (a) if the Secretary determines 
that, were the conveyance of the property to be made 
under subchapter III of chapter 5 of title 40, United 
States Code, for the same purpose specified in subsection 
(a), the conveyance could be made without consideration. 
(c) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the real property conveyed 
under subsection (a) is not being used in accordance with 
the purposes of the conveyance specified in such sub-
section, all right, title, and interest in and to all or any 
portion of the property shall revert, at the option of the
553
Secretary, to the United States, and the United States 
shall have the right of immediate entry onto the property. 
Any determination of the Secretary under this subsection 
shall be made on the record after an opportunity for a 
hearing. 
(d) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall 
require the School District to cover costs to be in-
curred by the Secretary, or to reimburse the Sec-
retary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including 
survey costs, costs related to environmental docu-
mentation, and other administrative costs related to 
the conveyance. If amounts are collected from the 
School District in advance of the Secretary incurring 
the actual costs, and the amount collected exceeds 
the costs actually incurred by the Secretary to carry 
out the conveyance, the Secretary shall refund the 
excess amount to the School District. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.—
Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account 
that was used to cover the costs incurred by the Sec-
retary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund
554
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) 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. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the inter-
ests of the United States. 
SEC. 2845. MODIFICATIONS TO LAND CONVEYANCE AU-
THORITY, ENGINEERING PROVING GROUND, 
FORT BELVOIR, VIRGINIA. 
(a) CONSTRUCTION OF SECURITY BARRIER.—Section 
2836 of the Military Construction Authorization Act for 
Fiscal Year 2002 (division B of Public Law 107–107; 115 
Stat. 1314), as amended by section 2846 of the Military 
Construction Authorization Act for Fiscal Year 2006 (di-
vision B of Public Law 109–163; 119 Stat. 3527), is fur-
ther amended—
(1) 
in 
subsection 
(b)(4), 
by 
striking 
‘‘$3,880,000’’ and inserting ‘‘$4,880,000’’; and 
(2) in subsection (d)—