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‘‘(C) A declaration of an emergency or major disaster pursu-
ant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
‘‘(D) The use of the militia or the armed forces after a
proclamation to disperse under section 334 of this title.
‘‘(E) A contingency operation.
‘‘(2) The reporting requirement set forth in subsection (a) shall
not apply with respect to a real property transaction otherwise
covered by that subsection if the Secretary concerned determines
that—
‘‘(A) an event listed in paragraph (1) is imminent; and
‘‘(B) the transaction is necessary for purposes of preparation
for such event.
‘‘(3) Not later than 30 days after entering into a real property
transaction covered by paragraph (1) or (2), the Secretary concerned
shall submit to the committees named in subsection (a) a report
on the transaction. The report shall set forth any facts or informa-
tion which would otherwise have been submitted in a report on
the transaction under subsection (a) or (e), as the case may be,
but for the operation of paragraph (1) or (2).’’.
(b) STYLISTIC AMENDMENTS.—That section is further amended—
(1) in subsection (a), by inserting ‘‘GENERAL NOTICE AND
WAIT REQUIREMENTS.—’’ after ‘‘(a)’’;
(2) in subsection (b), by inserting ‘‘ANNUAL REPORTS ON
CERTAIN MINOR TRANSACTIONS.—’’ after ‘‘(b)’’;
(3) in subsection (c), by inserting ‘‘GEOGRAPHIC SCOPE;
EXCEPTED PROJECTS.—’’ after ‘‘(c)’’;
(4) in subsection (d), by inserting ‘‘STATEMENTS OF COMPLI-
ANCE IN TRANSACTION INSTRUMENTS.—’’ after ‘‘(d)’’;
(5) in subsection (e), by inserting ‘‘NOTICE
AND WAIT
REGARDING LEASES OF SPACE FOR DOD BY GSA.—’’ after ‘‘(e)’’;
and
(6) in subsection (f ), by inserting ‘‘REPORTS
ON TRANS-
ACTIONS INVOLVING INTELLIGENCE COMPONENTS.—’’ after ‘‘(f )’’.
SEC. 2812. RESTORATION OF DEPARTMENT OF DEFENSE LANDS USED
BY ANOTHER FEDERAL AGENCY.
(a) RESTORATION AS TERM OF AGREEMENT.—Section 2691 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
‘‘(c)(1) As a condition of any lease, permit, license, or other
grant of access entered into by the Secretary of a military depart-
ment with another Federal agency authorizing the agency to use
lands under the control of the Secretary, the Secretary may require
the agency to agree to remove any improvements and to take
any other action necessary in the judgment of the Secretary to
restore the land used by the agency to its condition before its
use by the agency.
‘‘(2) In lieu of performing any removal or restoration work
under paragraph (1), a Federal agency may elect, with the consent
of the Secretary, to reimburse the Secretary for the costs incurred
by the military department in performing such removal or restora-
tion work.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
H. R. 3616—287
‘‘§ 2691. Restoration of land used by permit or lease’’.
(2) The table of sections at the beginning of chapter 159 of
title 10, United States Code, is amended by striking the item
relating to section 2691 and inserting in lieu thereof the following
new item:
‘‘2691. Restoration of land used by permit or lease.’’.
SEC. 2813. OUTDOOR RECREATION DEVELOPMENT ON MILITARY
INSTALLATIONS FOR DISABLED VETERANS, MILITARY
DEPENDENTS WITH DISABILITIES, AND OTHER PERSONS
WITH DISABILITIES.
(a) ACCESS ENHANCEMENT.—Section 103 of the Sikes Act (16
U.S.C. 670c) is amended by adding at the end the following new
subsections:
‘‘(b) ACCESS FOR DISABLED VETERANS, MILITARY DEPENDENTS
WITH DISABILITIES, AND OTHER PERSONS WITH DISABILITIES.—(1)
In developing facilities and conducting programs for public outdoor
recreation at military installations, consistent with the primary
military mission of the installations, the Secretary of Defense shall
ensure, to the extent reasonably practicable, that outdoor recreation
opportunities (including fishing, hunting, trapping, wildlife viewing,
boating, and camping) made available to the public also provide
access for persons described in paragraph (2) when topographic,
vegetative, and water resources allow access for such persons with-
out substantial modification to the natural environment.
‘‘(2) Persons referred to in paragraph (1) are the following:
‘‘(A) Disabled veterans.
‘‘(B) Military dependents with disabilities.
‘‘(C) Other persons with disabilities, when access to a mili-
tary installation for such persons and other civilians is not
otherwise restricted.
‘‘(3) The Secretary of Defense shall carry out this subsection
in consultation with the Secretary of Veterans Affairs, national
service, military, and veterans organizations, and sporting organiza-
tions in the private sector that participate in outdoor recreation
projects for persons described in paragraph (2).
‘‘(c) ACCEPTANCE OF DONATIONS.—In connection with the facili-
ties and programs for public outdoor recreation at military installa-
tions, in particular the requirement under subsection (b) to provide
access for persons described in paragraph (2) of such subsection,
the Secretary of Defense may accept—
‘‘(1) the voluntary services of individuals and organizations;
and
‘‘(2) donations of property, whether real or personal.
‘‘(d) TREATMENT
OF VOLUNTEERS.—A volunteer under sub-
section (c) shall not be considered to be a Federal employee and
shall not be subject to the provisions of law relating to Federal
employment, including those relating to hours of work, rates of
compensation, leave, unemployment compensation, and Federal
employee benefits, except that—
‘‘(1) for the purposes of the tort claims provisions of chapter
171 of title 28, United States Code, the volunteer shall be
considered to be a Federal employee; and
‘‘(2) for the purposes of subchapter I of chapter 81 of
title 5, United States Code, relating to compensation to Federal
employees for work injuries, the volunteer shall be considered
to be an employee, as defined in section 8101(1)(B) of title
H. R. 3616—288
5, United States Code, and the provisions of such subchapter
shall apply.’’.
(b) CONFORMING AMENDMENT.—Such section is further amend-
ed by striking out ‘‘SEC. 103.’’ and inserting in lieu thereof the
following:
‘‘SEC. 103. PROGRAM FOR PUBLIC OUTDOOR RECREATION.
‘‘(a) PROGRAM AUTHORIZED.—’’.
SEC. 2814. REPORT ON LEASING AND OTHER ALTERNATIVE USES OF
NONEXCESS MILITARY PROPERTY.
(a) REPORT REQUIRED.—Not later than March 15, 1999, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report regarding the authority
of the military departments and Defense Agencies to lease to the
private sector nonexcess real and personal property. The Secretary
shall prepare the report in consultation with the Secretaries of
the military departments and the Director of the Office of Manage-
ment and Budget.
(b) REQUIRED ELEMENTS OF REPORT.—The report shall set forth
the following:
(1) The number and purpose of all leases entered into
under sections 2667 and 2667a of title 10, United States Code,
other than leases under section 2667(f ) of that title, during
the 5-year period ending on the date of the enactment of this
Act.
(2) The types and amounts of payments received under
the leases specified in paragraph (1) and the costs, if any,
foregone as a result of the leases.
(3) An assessment of the positive and negative aspects
of leasing real property and surplus capacity at military
installations to the private sector, including the potential effect
of the use of the leases on force protection and the military
functions of the installations.
(4) An assessment of the current efforts of the Department
of Defense to identify for the private sector any surplus capacity
at military installations that could be leased or otherwise used
by the private sector.
(5) An assessment of the proposal of the Secretary of the
Air Force to reduce infrastructure costs at Brooks Air Force
Base, Texas, using the authority provided in section 2667 of
title 10, United States Code, and the proposal of the Secretary
of the Navy regarding the potential for development of Ford
Island as part of Naval Complex, Pearl Harbor, Hawaii.
(6) An assessment (including an economic analysis) of the
ability of the military departments and Defense Agencies to
reduce the quantity of real property leased by them through
the relocation of activities located in such leased space to prop-
erty of a military installation, or another Federal agency, that
is unutilized or underutilized, while also lowering operational
and maintenance costs and minimizing the need for new
construction.
(c) ADDITIONAL ELEMENTS OF REPORT.—In the event that the
Secretary of Defense considers the authority under section 2667
or 2667a of title 10, United States Code, to be insufficient, the
Secretary shall also include in the report—
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(1) a proposal for authority to conduct a pilot project based
on the assessment made under subsection (b)(5) or for such
general legislative authority as the Secretary considers appro-
priate to enhance the ability of the Department of Defense
to utilize surplus capacity at military installations in order
to improve military readiness, achieve cost savings with respect
to such installations, or decrease the cost of operating such
installations;
(2) an estimate of the income that could accrue to the
Department of Defense as a result of the implementation of
enhanced authority proposed under paragraph (1) during the
5-year period beginning on the date of such implementation;
and
(3) an assessment of the extent to which any such income
should be reserved for the use of the installations exercising
such authority and of the extent to which installations would
be likely to enter into such leases if they cannot retain such
income.
SEC. 2815. REPORT ON IMPLEMENTATION OF UTILITY SYSTEM
CONVEYANCE AUTHORITY.
Not later than March 1, 1999, the Secretary of Defense, in
consultation with the Secretaries of the military departments, shall
submit to Congress a report containing—
(1) the criteria to be used by the Secretary of a military
department to select utility systems, and related improvements,
easements, and rights-of-way, under the jurisdiction of the Sec-
retary, for conveyance to a municipal, private, regional, district,
or cooperative utility company or other entity under the author-
ity of section 2688 of title 10, United States Code;
(2) an assessment of the need to include, as part of the
conveyance authority under such section, authority for the Sec-
retary to convey real property associated with a utility system
conveyed under such section; and
(3) a description of the manner in which the Secretary
will ensure that any conveyance under such section does not
adversely affect the national security of the United States.
Subtitle C—Defense Base Closure and
Realignment
SEC. 2821. APPLICABILITY OF PROPERTY DISPOSAL LAWS TO LEASES
AT INSTALLATIONS TO BE CLOSED OR REALIGNED
UNDER BASE CLOSURE LAWS.
Section 2667(f )(1) of title 10, United States Code, is amended
by inserting after ‘‘subsection (a)(3)’’ the following: ‘‘or the Federal
Property and Administrative Services Act of 1949 (to the extent
such Act is inconsistent with this subsection)’’.
SEC. 2822. ELIMINATION OF WAIVER AUTHORITY REGARDING PROHIBI-
TION AGAINST CERTAIN CONVEYANCES OF PROPERTY
AT NAVAL STATION, LONG BEACH, CALIFORNIA.
Section 2826 of the Military Construction Authorization Act
for Fiscal Year 1998 (division B of Public Law 105–85; 111 Stat.
2001) is amended by striking out subsection (e).