H. R. 5122—390
‘‘(iii) the amount of any payment to be made under 
subsection (b) or under section 2684a(d) of this title to 
equalize the fair market values of the property to be con-
veyed and the military construction project, land acquisi-
tion, military family housing, or military unaccompanied 
housing to be carried out under the agreement in exchange 
for the conveyance of the property; and 
‘‘(B) the waiting period applicable to that notice under 
paragraph (3) expires. 
‘‘(3) If the notice submitted under paragraph (2) deals with 
the conveyance of real property located on a military installation 
that is closed or realigned under a base closure law or the convey-
ance of real property under an agreement entered into under section 
2684a of this title, the Secretary concerned may enter into the 
agreement under subsection (a) for the conveyance of the property 
after a period of 21 days has elapsed from the date of receipt 
of the notice or, if over sooner, a period of 14 days has elapsed 
from the date on which a copy of the notice is provided in an 
electronic medium pursuant to section 480 of this title. In the 
case of other real property to be conveyed under subsection (a), 
the Secretary concerned may enter into the agreement only after 
a period of 60 days has elapsed from the date of receipt of the 
notice or, if over sooner, a period of 45 days has elapsed from 
the date on which the electronic copy is provided.’’. 
(d) DEPOSIT AND USE OF FUNDS.—Subsection (e) of such section 
is amended to read as follows: 
‘‘(e) DEPOSIT AND USE OF FUNDS.—(1) Except as provided in 
paragraph (2), the Secretary concerned may deposit funds received 
under subsection (b) in the Department of Defense housing funds 
established under section 2883(a) of this title. 
‘‘(2) During the period specified in paragraph (3) of subsection 
(a), the Secretary concerned shall deposit funds received under 
subsection (b) in the appropriation ‘Foreign Currency Fluctuations, 
Construction, Defense’. 
‘‘(3) The funds deposited under paragraph (2) shall be available, 
in such amounts as provided in appropriation Acts, for the purpose 
of paying increased costs of overseas military construction and 
family housing construction or improvement associated with 
unfavorable fluctuations in currency exchange rates. The use of 
such funds for this purpose does not relieve the Secretary concerned 
from the duty to provide advance notice to Congress under section 
2853(c) of this title whenever the Secretary approves an increase 
in the cost of an overseas project under such section.’’. 
(e) ANNUAL REPORTS; EFFECT OF FAILURE TO SUBMIT.—Sub-
section (f) of such section is amended—
(1) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively; 
(2) in subparagraph (C), as so redesignated, by inserting 
before the period at the end the following: ‘‘and of excess 
real property at military installations’’; 
(3) by striking ‘‘(f)’’ and all that follows through ‘‘the fol-
lowing:’’ and inserting the following: 
‘‘(f) ANNUAL REPORTS; EFFECT
OF FAILURE
TO SUBMIT.—(1) 
Not later than March 15 of each year, the Secretary of Defense 
shall submit to Congress a report detailing the following:’’; and 
(4) by adding at the end the following new paragraph:
H. R. 5122—391
‘‘(2) If the report for a year is not submitted to Congress 
by the date specified in paragraph (1), the Secretary concerned 
may not enter into an agreement under subsection (a) after that 
date for the conveyance of real property until the date on which 
the report is finally submitted.’’. 
(f) CLERICAL AMENDMENTS.—
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 2869. Conveyance of property at military installations to 
support military construction or limit encroach-
ment’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of subchapter III of chapter 169 of such title is amended 
by striking the item relating to section 2869 and inserting 
the following new item:
‘‘2869. Conveyance of property at military installations to support military construc-
tion or limit encroachment.’’.
(g) CONFORMING
AMENDMENTS
TO
AUTHORITY
TO
LIMIT 
ENCROACHMENTS.—Subsection (d)(3) of section 2684a of such title 
is amended—
(1) by redesignating subparagraphs (B) and (C) as subpara-
graphs (C) and (D), respectively; 
(2) in subparagraph (C), as so redesignated, by striking 
‘‘in the sharing of acquisition costs of real property, or an 
interest in real property, under paragraph (1)(B)’’ and inserting 
‘‘under subparagraph (A), either through the contribution of 
funds or excess real property, or both,’’; and 
(3) by inserting after subparagraph (A) the following new 
subparagraph (B): 
‘‘(B) In lieu of or in addition to making a monetary contribution 
toward the cost of acquiring a parcel of real property, or an interest 
therein, pursuant to an agreement under this section, the Secretary 
concerned may convey, using the authority provided by section 
2869 of this title, real property described in paragraph (2) of sub-
section (a) of such section, subject to the limitation in paragraph 
(3) of such subsection.’’. 
SEC. 2812. PILOT PROJECTS FOR ACQUISITION OR CONSTRUCTION 
OF MILITARY UNACCOMPANIED HOUSING. 
(a) REDUCTION OF APPLICABLE NOTIFICATION PERIODS.—Section 
2881a of title 10, United States Code, is amended by striking 
‘‘90 days’’ both places it appears and inserting ‘‘30 days’’. 
(b) EXTENSION OF AUTHORITY.—Subsection (f) of such section 
is amended by striking ‘‘2007’’ and inserting ‘‘2009’’. 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 2821. CONGRESSIONAL NOTICE REQUIREMENTS, IN ADVANCE OF 
ACQUISITION OF LAND BY CONDEMNATION FOR MILI-
TARY PURPOSES. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense, when acquiring land for military purposes, 
should—
H. R. 5122—392
(1) make every effort to acquire the land by means of 
purchases from willing sellers; and 
(2) employ condemnation, eminent domain, or seizure 
procedures only as a measure of last resort in cases of compel-
ling national security requirements or at the request of the 
seller. 
(b) ADVANCE NOTICE OF USE OF CONDEMNATION; EXCEPTIONS.—
Section 2663 of title 10, United States Code, is amended—
(1) in subsection (a)(1), ‘‘The Secretary’’ and inserting ‘‘Sub-
ject to subsection (f), the Secretary’’; and 
(2) by adding at the end the following new subsections: 
‘‘(f) ADVANCE NOTICE OF USE OF CONDEMNATION.—(1) Before 
commencing any legal proceeding to acquire any interest in land 
under subsection (a), including acquisition for temporary use, by 
condemnation, eminent domain, or seizure, the Secretary of the 
military department concerned shall—
‘‘(A) pursue, to the maximum extent practicable, all other 
available options for the acquisition or use of the land, such 
as the purchase of an easement or the execution of a land 
exchange; and 
‘‘(B) submit to the congressional defense committees a 
report containing—
‘‘(i) a description of the land to be acquired; 
‘‘(ii) a certification that negotiations with the owner 
or owners of the land occurred, and that the Secretary 
tendered consideration in an amount equal to the fair 
market value of the land, as determined by the Secretary; 
and 
‘‘(iii) an explanation of the other approaches considered 
for acquiring use of the land, the reasons for the acquisition 
of the land, and the reasons why alternative acquisition 
strategies are inadequate. 
‘‘(2) The Secretary concerned may have proceedings brought 
in the name of the United States to acquire the land after the 
end of the 21-day period beginning on the date on which the 
report is received by the committees or, if over sooner, the end 
of the 14-day period beginning on the date on which a copy of 
the report is provided in an electronic medium pursuant to section 
480 of this title. 
‘‘(g) EXCEPTION TO ADVANCE NOTICE REQUIREMENT.—If the Sec-
retary of a military department determines that the use of con-
demnation, eminent domain, or seizure to acquire an interest in 
land is required under subsection (a) to satisfy a requirement vital 
to national security, and that any delay would be detrimental 
to national security or the protection of health, safety, or the 
environment, the Secretary may have proceedings brought in the 
name of the United States to acquire the land in advance of submit-
ting the report required by subsection (f)(1)(B). However, the Sec-
retary shall submit the report not later than seven days after 
commencement of the legal proceedings with respect to the land.’’. 
SEC. 2822. CONSOLIDATION OF DEPARTMENT OF DEFENSE AUTHORI-
TIES REGARDING GRANTING OF EASEMENTS FOR RIGHTS-
OF-WAY. 
(a) CONSOLIDATION.—Subsection (a) of section 2668 of title 10, 
United States Code, is amended—
(1) in the matter preceding paragraph (1)—
H. R. 5122—393
(A) by striking ‘‘he’’ both places it appears and inserting 
‘‘the Secretary’’; and 
(B) by striking ‘‘his control, to a State, Commonwealth, 
or possession, or political subdivision thereof, or to a citizen, 
association, partnership, or corporation of a State, 
Commonwealth, or possession,’’ and inserting ‘‘the Sec-
retary’s control’’; 
(2) in paragraph (2), by striking ‘‘oil pipe lines’’ and 
inserting ‘‘gas, water, sewer, and oil pipe lines’’; and 
(3) in paragraph (13), by striking ‘‘he considers advisable, 
except a purpose covered by section 2669 of this title’’ and 
inserting ‘‘the Secretary considers advisable’’. 
(b) 
STYLISTIC
AMENDMENTS.—Such 
section 
is 
further 
amended—
(1) in subsection (a), by inserting ‘‘AUTHORIZED TYPES OF 
EASEMENTS.—’’ after ‘‘(a)’’; 
(2) in subsection (b), by inserting ‘‘LIMITATION ON SIZE 
OF EASEMENT.—’’ after ‘‘(b)’’; 
(3) in subsection (c), by inserting ‘‘TERMINATION.—’’ after 
‘‘(c)’’; 
(4) in subsection (d), by inserting ‘‘NOTICE TO DEPARTMENT 
OF THE INTERIOR.—’’ after ‘‘(d)’’; and 
(5) in subsection (e), by inserting ‘‘DISPOSITION OF CONSID-
ERATION.—’’ after ‘‘(e)’’. 
(c) CONFORMING REPEAL.—Section 2669 of such title is repealed. 
(d) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 159 of such title is amended by striking the item 
related to section 2669. 
SEC. 2823. AUTHORITY TO GRANT RESTRICTIVE EASEMENTS FOR CON-
SERVATION PURPOSES IN CONNECTION WITH LAND 
CONVEYANCES. 
(a) RESTRICTIVE EASEMENTS.—Chapter 159 of title 10, United 
States Code, is amended by inserting after section 2668 the fol-
lowing new section: 
‘‘§ 2668a. Easements: granting restrictive easements in 
connection with land conveyances 
‘‘(a) AUTHORITY
TO
INCLUDE
RESTRICTIVE
EASEMENT.—In 
connection with the conveyance of real property by the Secretary 
concerned under any provision of law, the Secretary concerned 
may grant an easement to an entity specified in subsection (b) 
restricting future uses of the conveyed real property for a conserva-
tion purpose consistent with section 170(h)(4)(A)(iv) of the Internal 
Revenue Code of 1986 (26 U.S.C. 170(h)(4)(A)(iv)). 
‘‘(b) AUTHORIZED RECIPIENTS.—An easement under subsection 
(a) may be granted only to—
‘‘(1) a State or local government; or 
‘‘(2) a qualified organization, as that term is defined in 
section 170(h) of the Internal Revenue Code of 1986 (26 U.S.C. 
170(h)). 
‘‘(c) LIMITATIONS ON USE OF EASEMENT AUTHORITY.—An ease-
ment under subsection (a) may not be granted unless—
‘‘(1) the proposed recipient of the easement consents to 
the receipt of the easement; 
‘‘(2) the Secretary concerned determines that the easement 
is in the public interest and the conservation purpose to be