634 
‘‘(c) EXCEPTION FROM COMPETITIVE PROCEDURES.— 
The Secretary may enter in a contract under subsection (a) 
using procedures other than competitive procedures if— 
‘‘(1) the term of the proposed contract does not 
exceed five years; 
‘‘(2) the Secretary determines that the price for 
the municipal services to be provided under the con-
tract is fair and reasonable and represents the least 
cost to the Federal Government; and 
‘‘(3) the business case supporting the Secretary’s 
determination under paragraph (2)— 
‘‘(A) describes the availability, benefits, and 
drawbacks of alternative sources; and 
‘‘(B) establishes that performance by the 
county or municipal government will not in-
crease costs to the Federal government, when 
compared to the cost of continued performance 
by the current provider of the services. 
‘‘(d) LIMITATION ON DELEGATION.—The authority to 
make the determination described in subsection (c)(2) may 
not be delegated to a level lower than a Deputy Assistant 
Secretary for Installations and Environment or another of-
ficial of the Department of Defense at an equivalent level. 
‘‘(e) CONGRESSIONAL NOTIFICATION.—The Secretary 
may not enter into a contract under subsection (a) for the 
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procurement of municipal services until the Secretary noti-
fies the congressional defense committees of the proposed 
contract and a period of 14 days elapses from the date the 
notification is received by the committees. The notification 
shall include a summary of the business case and an expla-
nation of how the adverse impact, if any, on civilian em-
ployees of the Department will be minimized. 
‘‘(f) GUIDANCE.—The Secretary of Defense shall issue 
guidance to address the implementation of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 2465 the following new item: 
‘‘2465a. Contracts for purchase of municipal services for military installations in 
the United States.’’. 
(c) TERMINATION 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2461 note) is repealed. The repeal of such section shall not 
affect the terms or validity of any contract entered into be-
fore the date of the enactment of this Act under the pilot 
program authorized by such section. 
SEC. 2815. DEFENSE ACCESS ROADS. 
(a) BASIS
FOR TRANSPORTATION NEEDS ASSESS-
MENT.—Section 210(a) of title 23, United States Code, is 
amended— 
(1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; and 
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(2) by adding at the end the following new para-
graph: 
‘‘(2) If it is determined that an action of the Depart-
ment of Defense will cause a significant transportation im-
pact to access to a military reservation, the Secretary of 
Defense shall conduct a transportation needs assessment to 
assess the magnitude of the improvement required to ad-
dress the impact.’’. 
(b) REPORT ON RECENTLY IDENTIFIED TRANSPOR-
TATION IMPACTS.—Not later than April 1, 2009, the Sec-
retary of Defense shall submit to the congressional defense 
committees and the Committee on Transportation and In-
frastructure of the House of Representatives a report that 
details the significant transportation impacts resulting 
from actions of the Department of Defense since January 
1, 2005. In the report, the Secretary shall assess the funding 
requirements necessary to address transportation needs re-
sulting from these significant transportation impacts. 
SEC. 2816. PROTECTING PRIVATE PROPERTY RIGHTS DUR-
ING DEPARTMENT OF DEFENSE LAND ACQUI-
SITIONS. 
(a) PROTECTION OF PRIVATE PROPERTY.—The Sec-
retary of Defense and the Secretaries of the military depart-
ments shall make every reasonable effort to acquire real 
property expeditiously by negotiation. Real property offered 
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shall meet the requirements of Secretary-approved real 
property acquisition plans. 
(b) WILLING SELLERS.—The Secretary of Defense or 
the Secretary of a military department shall not be pre-
cluded from acquiring real property from willing sellers so 
long as the real property offered meet the requirements of 
Secretary-approved real property acquisition plans 
Subtitle C—Provisions Related to 
Guam Realignment 
SEC. 2821. GUAM DEFENSE POLICY REVIEW INITIATIVE AC-
COUNT. 
(a) ESTABLISHMENT OF ACCOUNT.—There is estab-
lished on the books of the Treasury an account to be known 
as the ‘‘Guam Defense Policy Review Initiative Account’’ 
(in this section referred to as the ‘‘account’’). 
(b) CREDITS TO ACCOUNT.— 
(1) AMOUNTS IN FUND.—There shall be credited 
to the account all contributions received during fiscal 
year 2009 and subsequent fiscal years under section 
2350k of title 10, United States Code, for the realign-
ment of military installations and the relocation of 
military personnel on Guam. 
(2) NOTICE OF RECEIPT OF CONTRIBUTIONS.— 
The Secretary of Defense shall submit to the congres-
sional defense committees written notice of the receipt 
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of contributions referred to in paragraph (1), includ-
ing the amount of the contributions, not later than 30 
days after receiving the contributions. 
(c) USE OF ACCOUNT.— 
(1) AUTHORIZED USES.—Subject to paragraph 
(2), to the extent provided in advance in appropria-
tions Acts, amounts in the account may be used as 
follows: 
(A) To carry out or facilitate the carrying 
out of a transaction authorized by this section in 
connection with the realignment of military in-
stallations and the relocation of military per-
sonnel on Guam, including military construc-
tion, military family housing, unaccompanied 
housing, general facilities constructions for mili-
tary forces, and utilities improvements. 
(B) To carry out improvements of property 
or facilities on Guam as part of such a trans-
action. 
(C) To obtain property support services for 
property or facilities on Guam resulting from 
such a transaction. 
(D) To develop military facilities or train-
ing ranges in the Commonwealth of the Northern 
Mariana Islands. 
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(B) NOTICE
OF
OBLIGATION.—Contribu-
tions referred to in subsection (b)(1) may not be 
obligated for a transaction authorized by para-
graph (1) until the Secretary of Defense submits 
to the congressional defense committees notice of 
the transaction, including a detailed cost esti-
mate, and a period of 21 days has elapsed after 
the date on which the notification is received by 
the committees or, if earlier, a period of 14 days 
has elapsed after the date on which a copy of the 
notification is provided in an electronic medium. 
(C) COST
AND
SCOPE
OF
WORK
VARI-
ATIONS.—Section 2853 of title 10, United States 
Code, shall apply to the use of contributions re-
ferred to in subsection (b)(1). 
(D) COMPLIANCE
WITH
WAGE
RATE
RE-
QUIREMENTS.—Subchapter IV of chapter 31 of 
title 40, United States Code, shall apply to the 
use of contributions referred to in subsection 
(b)(1). 
(d) TRANSFER AUTHORITY.— 
(1) TRANSFER TO HOUSING FUNDS.—The Sec-
retary of Defense may transfer funds from the Guam 
Defense Policy Review Initiative Account to the fol-
lowing funds: 
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(A) The Department of Defense Family 
Housing Improvement Fund established by sec-
tion 2883(a)(1) of title 10, United States Code. 
(B) The Department of Defense Military 
Unaccompanied Housing Improvement Fund es-
tablished by section 2883(a)(2) of such title. 
(2) TREATMENT OF TRANSFERRED AMOUNTS.— 
Amounts transferred under paragraph (1) to a fund 
referred to in that paragraph shall be available in ac-
cordance with the provisions of section 2883 of title 
10, United States Code for activities on Guam au-
thorized under subchapter IV of chapter 169 of such 
title. 
(e) REPORT REGARDING GUAM MILITARY CONSTRUC-
TION.—Not later than February 15 of each year, the Sec-
retary of Defense shall submit to Congress a report con-
taining information on each military construction project 
included in the budget submission for the next fiscal year 
related to the realignment of military installations and the 
relocation of military personnel on Guam. The Secretary 
shall present the information in manner consistent with the 
presentation of projects in the military construction ac-
counts for each of the military departments in the budget 
submission. The report shall also include projects associated 
with the realignment of military installations and reloca-
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tion of military personnel on Guam that are included in 
the future-years defense program pursuant to section 221 
of title 10, United States Code. 
SEC. 2822. SENSE OF CONGRESS REGARDING USE OF SPE-
CIAL 
PURPOSE 
ENTITIES 
FOR 
MILITARY 
HOUSING RELATED TO GUAM REALIGNMENT. 
(a) NATURE OF SPECIAL PURPOSE ENTITIES.—It is 
the sense of Congress that any Special Purpose Entity es-
tablished to assist in the provision of military family hous-
ing in connection with the realignment of military installa-
tions and the relocation of military personnel on Guam 
should— 
(1) be operated, to the extent practicable, in the 
manner provided for public-private ventures under 
subchapter IV of chapter 169 of title 10, United 
States Code; and 
(2) be conducted as joint ventures between Japa-
nese and United States private firms, except that any 
military family housing venture carried out by such 
a joint venture should be primarily managed by a 
United States private firm. 
(b) SCOPE OF ACTIVITIES.—It is the sense of Congress 
that funding for such a Special Purpose Entity should not 
be limited to only utility improvements and the construc-
tion of military family housing in connection with the re-
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alignment of military installations and the relocation of 
military personnel on Guam. 
(c) UTILITY INFRASTRUCTURE IMPROVEMENTS.—It is 
the sense of Congress that funding for such a Special Pur-
pose Entity should support proposed utility infrastructure 
improvements on Guam that incorporate the civilian and 
military infrastructure into a single grid to realize and 
maximize the effectiveness of the overall utility system. 
(d) MILITARY FAMILY HOUSING.—It is the sense of 
Congress that the building requirements imposed for any 
military family housing constructed by such a Special Pur-
pose Entity in connection with the realignment of military 
installations and the relocation of military personnel on 
Guam should be established by the Department of Defense 
in accordance with current building standards that are 
used with other projects. 
(e) SPECIAL PURPOSE ENTITY DEFINED.—In this sec-
tion, the term ‘‘Special Purpose Entity’’ means a wholly 
independent entity established for a specific and limited 
purpose to facilitate the realignment of military installa-
tions and the relocation of military personnel on Guam. 
SEC. 2823. SENSE OF CONGRESS REGARDING FEDERAL AS-
SISTANCE TO GUAM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that the Secretary of Defense, in coordination with the 
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Interagency Group on Insular Areas, should enter into a 
memorandum of understanding with the Government of 
Guam to identify, before the realignment of military instal-
lations and the relocation of military personnel on Guam, 
local funding requirements for civilian infrastructure devel-
opment and other needs related to the realignment and relo-
cation. The memorandum of understanding would stipulate 
the commitment of Federal agencies to assist the Govern-
ment of Guam in carrying out the Guam realignment in 
a responsible and consistent manner. 
(b) INTERAGENCY GROUP ON INSULAR AREAS DE-
FINED.—In this section, the term ‘‘Interagency Group on 
Insular Areas’’ means the interagency group established by 
Executive Order No. 13299 of May 12, 2003 (68 Fed. Reg. 
25477; 48 U.S.C. note prec. 1451). The term includes any 
sub-group or working group of that interagency group. 
SEC. 2824. COMPTROLLER GENERAL REPORT REGARDING 
INTERAGENCY REQUIREMENTS RELATED TO 
GUAM REALIGNMENT. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Comptroller 
General shall submit to Congress a report on the status of 
interagency coordination through the Interagency Group on 
Insular Areas of budgetary requests to assist the Govern-
ment of Guam with its budgetary requirements related to 
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the realignment of military forces on Guam. The report 
shall address to what extent and how the Interagency Group 
on Insular Areas will be able to coordinate interagency 
budgets so the realignment of military forces on Guam will 
meet the 2014 completion date as stipulated in the May 
2006 security agreement between the United States and 
Japan. 
(b) INTERAGENCY GROUP ON INSULAR AREAS DE-
FINED.—In this section, the term ‘‘Interagency Group on 
Insular Areas’’ means the interagency group established by 
Executive Order No. 13299 of May 12, 2003 (68 Fed. Reg. 
25477; 48 U.S.C. note prec. 1451). The term includes any 
sub-group or working group of that interagency group. 
SEC. 2825. ENERGY AND ENVIRONMENTAL DESIGN INITIA-
TIVES IN GUAM MILITARY CONSTRUCTION 
AND INSTALLATIONS. 
(a) LEADERSHIP IN ENERGY AND ENVIRONMENTAL 
DESIGN PRINCIPLES.—With respect to all new military 
construction projects on Guam and military housing to be 
constructed on Guam related to the realignment of military 
forces on Guam, the Secretary of Defense shall require the 
incorporation of design criteria promulgated in the Leader-
ship in Energy and Environmental Design Green Building 
Rating System, as developed by the United States Green 
Building Council, to achieve not less than the silver stand-
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ard. This requirement shall apply regardless of the source 
of funds for the project. 
(b) RENEWABLE ENERGY GOAL.—The Secretary of De-
fense shall establish a goal for the use of renewable energy 
sources on all military installations on Guam. Not later 
than one year after the date of the enactment of this Act, 
the Secretary shall submit to the congressional defense com-
mittees a report containing the plan of the Secretary to 
achieve the renewable energy goal. The report shall identify 
the renewable sources of energy that will be utilized and 
describe how the renewable sources will be utilized and in-
stalled at military installations on Guam. 
SEC. 2826. DEPARTMENT OF DEFENSE INSPECTOR GEN-
ERAL REPORT REGARDING GUAM REALIGN-
MENT. 
Not later than 180 days after the date of the enactment 
of this Act, the Inspector General of the Department of De-
fense shall submit to the congressional defense committees 
a report on the efforts of the Inspector General to address 
potential waste and fraud associated with the realignment 
of military forces on Guam. 
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SEC. 2827. ELIGIBILITY OF THE COMMONWEALTH OF THE 
NORTHERN MARIANA ISLANDS FOR MILITARY 
BASE 
REUSE 
STUDIES 
AND 
COMMUNITY 
PLANNING ASSISTANCE. 
(a) INCLUSION IN DEFINITION OF MILITARY INSTALLA-
TION.—Section 2687(e)(1) of title 10, United States Code, 
is amended by inserting after ‘‘Virgin Islands,’’ the fol-
lowing: ‘‘the Commonwealth of the Northern Mariana Is-
lands,’’. 
(b) INCLUSION OF FACILITIES OWNED AND OPERATED 
BY
COMMONWEALTH.—Section 2391(d)(1) of title 10, 
United States Code, is amended by inserting after ‘‘Guam,’’ 
the following: ‘‘the Commonwealth of the Northern Mariana 
Islands,’’. 
SEC. 2828. PREVAILING WAGE APPLICABLE TO GUAM. 
(a) IN GENERAL.—Subchapter I of chapter 169 of title 
10, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 2816. Application of prevailing wage for construc-
tion on Guam 
‘‘Subchapter IV of chapter 31 of title 40, United States 
Code, shall apply to any military construction authorized 
under this chapter of any facilities on Guam. In order to 
carry out the requirements of this section, the Secretary of 
Labor shall have the authority and functions set forth in 
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Reorganization Plan Number 14 of 1950 and section 3145 
of title 40, United States Code.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by adding at 
the end the following new item: 
‘‘2816. Application of prevailing wage for construction on Guam.’’. 
Subtitle D—Energy Security 
SEC. 2841. CERTIFICATION OF ENHANCED USE LEASES FOR 
ENERGY-RELATED PROJECTS. 
Section 2667(h) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(5) If a proposed lease under subsection (a) involves 
a project related to energy production and the term of the 
lease exceeds 20 years, the Secretary concerned may not 
enter into the lease until at least 30 days after the date 
on which the Secretary of Defense submits to the congres-
sional defense committees a certification that the lease is 
consistent with the Department of Defense performance 
goals and plan required by section 2911 of this title.’’. 
SEC. 2842. ANNUAL REPORT ON DEPARTMENT OF DEFENSE 
INSTALLATIONS ENERGY MANAGEMENT. 
Section 2925(a) of title 10, United States Code, is 
amended— 
(1) by striking the subsection heading and in-
serting the following: ‘‘ANNUAL REPORT RELATED TO 
INSTALLATIONS ENERGY MANAGEMENT.—’’ 
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(2) in paragraph (1), by inserting ‘‘, the Energy 
Independence and Security Act of 2007 (Public Law 
110–140),’’ after ‘‘58)’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(6) A description and estimate of the progress 
made by the military departments to meet the certifi-
cation requirements for sustainable green-building 
standards in construction and major renovations.’’. 
Subtitle E—Land Conveyances 
SEC. 2851. LAND CONVEYANCE, FORMER NAVAL AIR STA-
TION, ALAMEDA, CALIFORNIA. 
(a) CONVEYANCE REQUIRED.—The Secretary of the 
Navy shall convey to the redevelopment authority for the 
former Naval Air Station Alameda, California (in this sec-
tion referred to as the ‘‘redevelopment authority’’), all right, 
title and interest of the United States in and to the real 
and personal property comprising Naval Air Station Ala-
meda, except those parcels identified for public benefit con-
veyance and certain surplus lands at the Naval Air Station 
Alameda described in the Federal Register on November 5, 
2007. In this section, the real and personal property to be 
conveyed under this section is referred to as the ‘‘NAS Prop-
erty’’. 
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(b) MULTIPLE CONVEYANCES.—The conveyance of the 
NAS Property may be conducted through multiple parcel 
transfers. 
(c) CONSIDERATION OPTIONS.—As consideration for 
the conveyance of the NAS Property under subsection (a), 
the Secretary of the Navy and the redevelopment authority 
shall agree upon one of the following options: 
(1) Not later than nine months after the date of 
the enactment of this Act, the redevelopment authority 
shall accept the consideration terms described in the 
document negotiated between the redevelopment au-
thority and the Secretary of the Navy known as the 
draft ‘‘Summary of Acquisition Terms and Condi-
tions’’ and dated September 18, 2006, as such lan-
guage may be amended, with value to be determined 
for the portion of the NAS Property known as Parcel 
3, and subsequently make payments to the Secretary 
in accordance with such document. 
(2)(A) The redevelopment authority shall ensure 
that the entity that acquires title to the NAS Property 
for development (in this paragraph referred to as the 
‘‘development entity’’) submits to the Secretary of the 
Navy a down payment of $10,000,000 dollars at the 
time the initial portion of the NAS Property is con-
veyed to the development entity. 
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(B) In addition, the redevelopment entity shall 
submit to the Secretary 12 percent of all gross resi-
dential and commercial building sales to the first 
bona-fide, arms-length third-party buyer, whether as 
new construction or the sale of rehabilitated existing 
structures. In the event that the development entity 
transfers all or any portion of the NAS Property to 
a third party, including any subsidiaries, before the 
completion of new or rehabilitated construction, the 
development entity shall satisfy the payment require-
ment as prescribed in this paragraph at such time as 
the NAS Property is conveyed to a bona-fide, arms- 
length third-party buyer. This obligation shall not 
apply to the sale of any buildings on land held in the 
public trust by the State of California or sales of land 
or buildings for the purposes of constructing or other-
wise providing affordable housing, as determined by 
the Secretary. 
(3)(A) The redevelopment authority shall submit 
80 percent of the gross proceeds received by the rede-
velopment 
authority 
from 
the 
redevelopment 
authority’s competitive solicitation of any portion of 
the NAS Property not encumbered by the public trust. 
(B) To comply with this paragraph, the redevel-
opment authority shall— 
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(i) prepare, for review and approval by the 
Secretary of the Navy, commercially reasonable 
solicitation materials consisting of a request for 
qualifications and a request for proposals for the 
conveyance or lease of the NAS Property, as ap-
propriate, in accordance with established con-
tract principles, and such approval by the Sec-
retary shall not be unreasonably withheld; and 
(ii) pay to the Secretary the required share 
of monies received by the redevelopment author-
ity by reason of any contract or agreement exe-
cuted as a result of the solicitation. 
(d) EXISTING USES.—During the three-year period be-
ginning on the date on which the first conveyance under 
this section is made, the redevelopment authority shall make 
reasonable efforts to accommodate the continued use by the 
United States of those portions of the NAS Property covered 
by a request for Federal Land Transfer so long as the ac-
commodation of such use is at no cost or expense to the 
redevelopment authority. Such accommodations shall pro-
vide adequate protection for the endangered California 
Least Tern in accordance with the requirements of the exist-
ing Biological Opinion for Naval Air Station Alameda 
dated March 22, 1999, and any future amendments to the 
Biological Opinion. 
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(e) REMEDIATION.—The Secretary of the Navy shall, 
to the extent practicable, remediate the NAS Property to 
the standard included by the Secretary and the redevelop-
ment authority in the document referred to in subsection 
(c)(1). 
(f) SAVINGS PROVISION.—Nothing in this section shall 
be construed to affect or limit the application of, or any 
obligation to comply with, any environmental law, includ-
ing the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.). 
(g) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under this section shall be determined by a survey satisfac-
tory to the Department. 
(h) MASTER LEASE.—The Lease in Furtherance of 
Conveyance, dated June 2000, as amended, between the Sec-
retary of the Navy and the redevelopment authority shall 
remain in full force and effect until conveyance of the NAS 
Property in accordance with this section, and a lease 
amendment recognizing this section shall be offered by the 
Secretary. 
(i) TREATMENT OF AMOUNTS RECEIVED.—Amounts 
received by the United States under this section shall be 
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credited to the fund or account intended to receive proceeds 
from the disposal of the NAS Property pursuant to 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). 
(j) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Navy may require such additional terms and 
conditions in connection with the conveyance under sub-
sections (a) as the Secretary considers appropriate to pro-
tect the interests of the United States. 
SEC. 2852. LAND CONVEYANCE, NORWALK DEFENSE FUEL 
SUPPLY POINT, NORWALK, CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Air Force may convey, without consideration, to the City 
of Norwalk, California (in this section referred to as the 
‘‘City’’), all right, title, and interest of the United States 
in and to a parcel of real property, including improvements 
thereon, consisting of approximately 10 acres of the Nor-
walk Defense Fuel Supply Point in Norwalk, California, 
for the purpose of permitting the City to utilize the property 
for recreational purposes as an addition to the adjacent 
Holifield Park. In connection with the conveyance, the Sec-
retary may make a payment to the City to assist the City 
in making municipal upgrades in the vicinity of the Nor-
walk Defense Fuel Supply Point. 
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(b) ENVIRONMENTAL REMEDIATION.—The Secretary 
shall manage and carry out environmental remediation ac-
tivities with respect to the property to be conveyed under 
subsection (a) that, at a minimum, achieve the standard 
sufficient to allow the property to be used for the purposes 
specified in such subsection. The Secretary shall endeavor 
to enter into an agreement with the holder of an easement 
on the property to ensure that the easement holder partici-
pates in the remediation of the property. 
(c) 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. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall 
require the City to cover costs to be incurred by the 
Secretary, or to reimburse the Secretary for costs in-
curred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs re-
lated to environmental documentation, and other ad-
ministrative costs related to the conveyance. If 
amounts are collected from the City in advance of the 
Secretary incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the 
VerDate Aug 31 2005 
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