H. R. 4546—251
‘‘(3) The deed of conveyance may contain such additional terms,
reservations, restrictions, and conditions as the Secretary concerned
considers appropriate to protect the interests of the United States.
‘‘(d) RELEASE
OF COVENANTS.—With the concurrence of the
Secretary of Interior, the Secretary concerned may grant a release
from a covenant included in the deed of conveyance of real property
conveyed under this section, subject to the condition that the
recipient of the property pay the fair market value, as determined
by the Secretary concerned, of the property at the time of the
release of the covenant. The Secretary concerned may reduce the
amount required to be paid under this subsection to account for
the value of the natural resource conservation benefit that has
accrued to the United States during the period the covenant was
in effect, if the benefit was not taken into account in determining
the original consideration for the conveyance.
‘‘(e) CONGRESSIONAL NOTIFICATION.—The Secretary concerned
may not approve of the reconveyance of real property under sub-
section (c) or grant the release of a covenant under subsection
(d) until the Secretary notifies the appropriate committees of Con-
gress of the proposed reconveyance or release and a period of
21 days elapses from the date the notification is received by the
committees.
‘‘(f) LIMITATIONS.—The conveyance of real property under this
section shall not be used as a condition of allowing any defense
activity under any Federal, State, or local permitting or review
process. The Secretary concerned may make the conveyance, with
the restrictions specified in subsection (c), to establish a mitigation
bank, but only if the establishment of the mitigation bank does
not occur in order to satisfy any condition for permitting military
activity under a Federal, State, or local permitting or review
process.
‘‘(g) CONSIDERATION.—In fixing the consideration for the convey-
ance of real property under this section, or in determining the
amount of any reduction of the amount to be paid for the release
of a covenant under subsection (d), the Secretary concerned shall
take into consideration any benefit that has accrued or may accrue
to the United States from the use of such property for the conserva-
tion of natural resources.
‘‘(h) RELATION TO OTHER CONVEYANCE AUTHORITIES.—(1) The
Secretary concerned may not make a conveyance under this section
of any real property to be disposed of under a base closure law
in a manner that is inconsistent with the requirements and condi-
tions of the base closure law.
‘‘(2) In the case of real property on Guam, the Secretary con-
cerned may not make a conveyance under this section unless the
Government of Guam has been first afforded the opportunity to
acquire the real property as authorized by section 1 of Public
Law 106–504 (114 Stat. 2309).
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) The term ‘appropriate committees of Congress’ has
the meaning given such term in section 2801 of this title.
‘‘(2) The term ‘base closure law’ means the following:
‘‘(A) Section 2687 of this title.
‘‘(B) Title II of the Defense Authorization Amendments
and Base Closure and Realignment Act of 1988 (10 U.S.C.
2687 note).
H. R. 4546—252
‘‘(C) The Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510;
10 U.S.C. 2687 note).
‘‘(D) Any other similar authority for the closure or
realignment of military installations that is enacted after
the date of the enactment of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003.
‘‘(3) The term ‘Secretary concerned’ means the Secretary
of a military department.
‘‘(4) The term ‘State’ includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Marianas, and the territories and possessions of the
United States.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2694
the following new item:
‘‘2694a. Conveyance of surplus real property for natural resource conservation.’’.
(b) 
ACCEPTANCE
OF
FUNDS
TO
COVER
ADMINISTRATIVE
EXPENSES.—Section 2695(b) of such title is amended by adding
at the end the following new paragraph:
‘‘(5) The conveyance of real property under section 2694a
of this title.’’.
(c) AGREEMENTS WITH NONPROFIT NATURAL RESOURCE CON-
SERVATION
ORGANIZATIONS.—Section 2701(d) of such title is
amended—
(1) in the subsection heading, by striking ‘‘AGENCIES’’ and
inserting ‘‘ENTITIES’’;
(2) in paragraph (1)—
(A) by striking ‘‘with any State or local government
agency, or with any Indian tribe,’’ and inserting ‘‘any State
or local government agency, any Indian tribe, or any non-
profit conservation organization’’; and
(B) by striking ‘‘the agency’’ and inserting ‘‘the agency,
Indian tribe, or organization’’; and
(3) by striking paragraph (4), as redesignated by section
311(2) of this Act, and inserting the following new paragraph:
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘Indian tribe’ has the meaning given
such term in section 101(36) of CERCLA (42 U.S.C.
9601(36)).
‘‘(B) The term ‘nonprofit conservation organization’
means any non-governmental nonprofit organization whose
primary purpose is conservation of open space or natural
resources.’’.
SEC. 2813. MODIFICATION OF DEMONSTRATION PROGRAM ON REDUC-
TION IN LONG-TERM FACILITY MAINTENANCE COSTS.
(a) ADMINISTRATOR
OF PROGRAM.—Subsection (a) of section
2814 of the Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107–107; 115 Stat. 1310; 10 U.S.C.
2809 note) is amended by striking ‘‘Secretary of the Army’’ and
inserting ‘‘Secretary of Defense or the Secretary of a military depart-
ment’’.
(b) CONTRACTS.—Subsection (b) of such section is amended
to read as follows:
H. R. 4546—253
‘‘(b) CONTRACTS.—(1) Not more than 12 contracts per military
department may contain requirements referred to in subsection
(a) for the purpose of the demonstration program.
‘‘(2) The demonstration program may only cover contracts
entered into on or after the date of the enactment of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003,
except that the Secretary of the Army shall treat any contract
containing requirements referred to in subsection (a) that was
entered into under the authority in such subsection between that
date and December 28, 2001, as a contract for the purpose of
the demonstration program.’’.
(c) REPORTING REQUIREMENTS.—Subsection (d) of such section
is amended by striking ‘‘Secretary of the Army’’ and inserting ‘‘Sec-
retary of Defense’’.
(d) FUNDING.—(1) Subsection (f) of such section is amended
by striking ‘‘the Army’’ and inserting ‘‘the military departments
or defense-wide’’.
(2) The amendment made by paragraph (1) shall not affect
the availability for the purpose of the demonstration program under
section 2814 of the Military Construction Authorization Act for
Fiscal Year 2002, as amended by this section, of any amounts
authorized to be appropriated before the date of the enactment
of this Act for the Army for military construction that have been
obligated for the demonstration program, but not expended, as
of that date.
SEC. 2814. EXPANDED AUTHORITY TO TRANSFER PROPERTY AT MILI-
TARY INSTALLATIONS TO BE CLOSED TO PERSONS WHO
CONSTRUCT OR PROVIDE MILITARY FAMILY HOUSING.
(a) 1988 LAW.—Section 204(e)(1) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100–526; 10 U.S.C. 2687 note) is amended by striking the last
sentence.
(b) 1990 LAW.—Section 2905(f)(1) of the Defense 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 striking the last
sentence.
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2821. TRANSFER OF JURISDICTION, FORT MCCLELLAN, ALABAMA,
TO ESTABLISH MOUNTAIN LONGLEAF NATIONAL WILD-
LIFE REFUGE.
(a) TRANSFER REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
shall transfer, without reimbursement, to the administrative juris-
diction of the Secretary of the Interior a parcel of real property
at Fort McClellan, Alabama, consisting of approximately 7,600
acres, which is described as the ‘‘acquisition area’’ in a memorandum
of agreement between the Secretaries numbered 1448–40181–00–
K–014.
(b) ESTABLISHMENT AND MANAGEMENT OF REFUGE.—(1) The
Secretary of the Interior shall establish on the real property trans-
ferred under subsection (a) the Mountain Longleaf National Wildlife
H. R. 4546—254
Refuge to enhance, manage, and protect the unique mountain
longleaf pine ecosystem on the property.
(2) The Secretary of Interior shall manage the Mountain
Longleaf National Wildlife Refuge in a manner that—
(A) conserves and enhances populations of fish, wildlife,
and plants in the Refuge, including migratory birds and species
that are threatened or endangered, with particular emphasis
on the protection of the mountain longleaf pine plant ecosystem;
(B) protects and enhances the quality of aquatic habitat
in the Refuge;
(C) provides, in coordination with the Alabama Department
of Conservation and Natural Resources, the public with rec-
reational opportunities, including hunting, fishing, wildlife
observation, and photography;
(D) provides opportunities for scientific research and edu-
cation on land use and environmental law; and
(E) is consistent with environmental restoration efforts con-
ducted by the Secretary of the Army on the Refuge or on
lands adjacent to the Refuge.
(c) ENVIRONMENTAL RESTORATION.—(1) The Secretary of the
Army shall continue to be responsible for unexploded ordnance,
discarded military munitions, and munitions constituents on the
real property transferred under subsection (a) and shall continue
to follow a remediation process in accordance with the Comprehen-
sive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(2) The Secretary of the Army shall appropriately factor the
management directives for the Mountain Longleaf National Wildlife
Refuge, as described in subsection (b), into the remedy selection
process for the property transferred under subsection (a).
(d) RELATION TO OTHER ENVIRONMENTAL LAWS.—Nothing in
this section shall relieve, and no action taken under this section
may relieve, the Secretary of the Army or the Secretary of the
Interior, or any other person from any liability or other obligation
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, the Resource Conservation and Recovery
Act of 1976 (42 U.S.C. 6901 et seq.), or any other Federal or
State law.
(e) ASSISTANCE.—The Secretary of the Army may provide up
to $500,000 from the funds in the Base Realignment and Closure
Account 1990 to the Secretary of Interior to facilitate the establish-
ment of the Mountain Longleaf National Wildlife Refuge and to
support environmental research at the Refuge during the first two
years of the operation of the Refuge.
SEC. 2822. LAND CONVEYANCES, LANDS IN ALASKA NO LONGER
REQUIRED FOR NATIONAL GUARD PURPOSES.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to an eligible entity described in subsection (b) all right,
title, and interest of the United States in and to any parcel of
real property, including any improvements thereon, in the State
of Alaska described in subsection (c) if the Secretary determines
the conveyance would be in the public interest.
(b) ELIGIBLE
RECIPIENTS.—The following entities shall be
eligible to receive real property under subsection (a):
(1) The State of Alaska.
(2) A governmental entity in the State of Alaska.