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Navy: Family Housing
State
Installation
Purpose
Amount
Arizona .................
Marine Corps Air
Station, Yuma .......
Ancillary Facility ...
$709,000
California .............
Marine Corps Air-
Ground Combat
Center, Twentynine
Palms ....................
Ancillary Facility ...
$2,938,000
Marine Corps Base,
Camp Pendleton ...
202 Units ..............
$29,483,000
Naval Air Station,
Lemoore ................
276 Units ..............
$39,837,000
Navy Public Works
Center, San Diego
466 Units ..............
$63,429,000
Florida ..................
Naval Station,
Mayport ................
100 Units ..............
$10,000,000
Hawaii ..................
Marine Corps Air
Station, Kaneohe
Bay .......................
54 Units ................
$11,676,000
Navy Public Works
Center, Pearl Har-
bor .........................
264 Units ..............
$52,586,000
Maine ...................
Naval Air Station,
Brunswick .............
92 Units ................
$10,925,000
Maryland ..............
Naval Air Warfare
Center, Patuxent
River .....................
Ancillary Facility ...
$1,233,000
North Carolina .....
Marine Corps Base,
Camp LeJeune ......
Ancillary Facility ...
$845,000
Marine Corps Base,
Camp LeJeune ......
125 Units ..............
$13,360,000
South Carolina .....
Marine Corps Air
Station, Beaufort
200 Units ..............
$19,110,000
Texas ....................
Corpus Christi Naval
Complex ................
156 Units ..............
$17,425,000
Naval Air Station,
Kingsville ..............
48 Units ................
$7,550,000
Virginia ................
AEGIS Combat Sys-
tems Center, Wal-
lops Island ............
20 Units ................
$2,975,000
Naval Security Group
Activity, Northwest
Ancillary Facility ...
$741,000
Washington ..........
Naval Station, Ever-
ett ..........................
100 Units ..............
$15,015,000
Naval Submarine
Base, Bangor ........
Ancillary Facility ...
$934,000
Total ..............
$300,771,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2204(a)(6)(A), the Secretary of the Navy may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
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or improvement of military family housing units in an
amount not to exceed $22,552,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(6)(A),
the Secretary of the Navy may improve existing military
family housing units in an amount not to exceed
$209,133,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 1996, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,309,273,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2201(a),
$583,652,000.
(2) For military construction projects outside
the United States authorized by section 2201(b),
$46,050,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $8,115,000.
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(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $50,959,000.
(5) For demolition of excess facilities under sec-
tion 2814 of title 10, United States Code, as added
by section 2802, $10,000,000.
(6) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $532,456,000.
(B) For support of military housing (in-
cluding functions described in section 2833 of
title 10, United States Code), $1,058,241,000.
(7) For the construction of a bachelor enlisted
quarters at the Naval Construction Batallion Center,
Port Hueneme, California, authorized by section
2201(a) of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law
104–106; 110 Stat. 525), $7,700,000.
(8) For the construction of a Strategic Mari-
time Research Center at the Naval War College,
Newport, Rhode Island, authorized by section
2201(a) of the Military Construction Authorization
Act for Fiscal Year 1995 (division B of Public Law
103–337; 108 Stat. 3031), $8,000,000.
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(9) For the construction of the large anachoic
chamber facility at the Patuxent River Naval War-
fare Center, Aircraft Division, Maryland, authorized
by section 2201(a) of the Military Construction Au-
thorization Act for Fiscal Year 1993 (division B of
Public Law 102–484; 106 Stat. 2590), $10,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2201 of this Act
may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (9)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by
$12,000,000, which represents the combination of project
savings resulting from favorable bids, reduced overhead
costs, and cancellations due to force structure changes.
SEC. 2205. BEACH REPLENISHMENT, NAVAL AIR STATION,
NORTH ISLAND, CALIFORNIA.
(a) COST-SHARING AGREEMENT.—With regard to
the portion of the military construction project for Naval
Air Station, North Island, California, authorized by sec-
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tion 2201(a) and involving on-shore and near-shore beach
replenishment, the Secretary of the Navy shall endeavor
to enter into an agreement with the State of California
and local governments in the vicinity of the project, under
which the State and local governments agree to cover not
less than 50 percent of the cost incurred by the Secretary
to carry out the beach replenishment portion of the
project.
(b) ACTIVITIES PENDING AGREEMENT.—The Sec-
retary shall not delay commencement of, or activities
under, the construction project described in subsection (a),
including the beach replenishment portion of the project,
pending the execution of the cost-sharing agreement, ex-
cept that, within amounts appropriated for the project,
Federal expenditures may not exceed $9,630,000 for
beach replenishment.
SEC. 2206. LEASE TO FACILITATE CONSTRUCTION OF RE-
SERVE CENTER, NAVAL AIR STATION, MERID-
IAN, MISSISSIPPI.
(a) LEASE OF PROPERTY FOR CONSTRUCTION OF
RESERVE CENTER.—(1) The Secretary of the Navy may
lease, without reimbursement, to the State of Mississippi
(in this section referred to as the ‘‘State’’), approximately
five acres of real property located at Naval Air Station,
Meridian, Mississippi. The State shall use the property to
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construct a reserve center of approximately 22,000 square
feet and ancillary supporting facilities.
(2) The term of the lease under this subsection shall
expire on the same date that the lease authorized by sub-
section (b) expires.
(b) LEASEBACK
OF RESERVE CENTER.—(1) The
Secretary may lease from the State the property and im-
provements constructed pursuant to subsection (a) for a
five-year period. The term of the lease shall begin on the
date on which the improvements are available for occu-
pancy, as determined by the Secretary.
(2) Rental payments under the lease under paragraph
(1) may not exceed $200,000 per year, and the total
amount of the rental payments for the entire period may
not exceed 20 percent of the total cost of constructing the
reserve center and ancillary supporting facilities.
(3) Subject to the availability of appropriations for
this purpose, the Secretary may use funds appropriated
pursuant to an authorization of appropriations for the op-
eration and maintenance of the Naval Reserve to make
rental payments required under this subsection.
(c) EFFECT OF TERMINATION OF LEASES.—At the
end of the lease term under subsection (b), the State shall
convey, without reimbursement, to the United States all
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right, title, and interest of the State in the reserve center
and ancillary supporting facilities subject to the lease.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the leases under this section as
the Secretary considers appropriate to protect the inter-
ests of the United States.
TITLE XXIII—AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(1), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations inside the
United States, and in the amounts, set forth in the follow-
ing table:
Air Force: Inside the United States
State
Installation or location
Amount
Alabama .................................
Maxwell Air Force Base ...................
$7,875,000
Alaska ....................................
Elmendorf Air Force Base ...............
$21,530,000
Arizona ..................................
Davis–Monthan Air Force Base .......
$9,920,000
Luke Air Force Base ........................
$6,700,000
Arkansas ................................
Little Rock Air Force Base ..............
$18,105,000
California ...............................
Beale Air Force Base .......................
$14,425,000
Edwards Air Force Base ..................
$20,080,000
Travis Air Force Base ......................
$16,230,000
Vandenberg Air Force Base .............
$3,290,000
Colorado ................................
Buckley Air National Guard Base ...
$17,960,000
Falcon Air Force Station .................
$2,095,000
Peterson Air Force Base ..................
$20,720,000
United States Air Force Academy ...
$12,165,000
Delaware ................................
Dover Air Force Base ......................
$7,980,000
Florida ...................................
Eglin Air Force Base .......................
$4,590,000
Eglin Auxiliary Field 9 ....................
$6,825,000
Patrick Air Force Base ....................
$2,595,000
Tyndall Air Force Base ....................
$3,600,000
Georgia ..................................
Robins Air Force Base .....................
$22,645,000
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Air Force: Inside the United States—Continued
State
Installation or location
Amount
Idaho .....................................
Mountain Home Air Force Base ......
$15,845,000
Kansas ...................................
McConnell Air Force Base ...............
$15,580,000
Louisiana ...............................
Barksdale Air Force Base ................
$4,890,000
Maryland ...............................
Andrews Air Force Base ..................
$5,990,000
Mississippi .............................
Keesler Air Force Base ....................
$14,465,000
Nevada ...................................
Indian Springs Air Force Auxiliary
Air Field .......................................
$4,690,000
New Jersey ............................
McGuire Air Force Base ..................
$8,080,000
North Carolina ......................
Pope Air Force Base ........................
$5,915,000
Seymour Johnson Air Force Base ...
$11,280,000
North Dakota ........................
Grand Forks Air Force Base ...........
$12,470,000
Minot Air Force Base ......................
$3,940,000
Ohio .......................................
Wright–Patterson Air Force Base ...
$7,400,000
Oklahoma ..............................
Tinker Air Force Base .....................
$9,880,000
South Carolina ......................
Charleston Air Force Base ...............
$37,410,000
Shaw Air Force Base .......................
$5,665,000
Tennessee ..............................
Arnold 
Engineering 
Development
Center ...........................................
$12,481,000
Texas .....................................
Brooks Air Force Base ....................
$5,400,000
Dyess Air Force Base ......................
$12,295,000
Kelly Air Force Base ........................
$3,250,000
Lackland Air Force Base .................
$9,413,000
Sheppard Air Force Base .................
$9,400,000
Utah ......................................
Hill Air Force Base ..........................
$3,690,000
Virginia ..................................
Langley Air Force Base ...................
$8,005,000
Washington ............................
Fairchild Air Force Base .................
$18,155,000
McChord Air Force Base .................
$57,065,000
Wyoming ................................
F. E. Warren Air Force Base ..........
$3,700,000
Total .........................................
$525,684,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(2), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations outside the
United States, and in the amounts, set forth in the follow-
ing table:
Air Force: Outside the United States
Country
Installation or location
Amount
Germany ................................
Ramstein Air Force Base .................
$5,370,000
Spangdahlem Air Base .....................
$1,890,000
Italy .......................................
Aviano Air Base ...............................
$10,060,000
Korea .....................................
Osan Air Base ..................................
$9,780,000
Turkey ...................................
Incirlik Air Base ...............................
$7,160,000
United Kingdom ....................
Croughton Royal Air Force Base .....
$1,740,000
Lakenheath Royal Air Force Base ...
$17,525,000
Mildenhall Royal Air Force Base .....
$6,195,000
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Air Force: Outside the United States—Continued
Country
Installation or location
Amount
Overseas Classified ................
Classified Locations ..........................
$18,395,000
Total .........................................
$78,115,000
SEC. 2302. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2304(a)(6)(A), the Secretary of the
Air Force may construct or acquire family housing units
(including land acquisition) at the installations, for the
purposes, and in the amounts set forth in the following
table:
Air Force: Family Housing
State
Installation
Purpose
Amount
Alaska .......................
Eielson Air Force
Base.
72 Units ................
$21,127,000
Eielson Air Force
Base.
Ancillary Facility ...
$2,950,000
California ..................
Beale Air Force Base
56 Units ................
$8,893,000
Los Angeles Air
Force Base.
25 Units ................
$6,425,000
Travis Air Force
Base.
70 Units ................
$8,631,000
Vandenberg Air
Force Base ............
112 Units ..............
$20,891,000
District of Columbia
Bolling Air Force
Base.
40 Units ................
$5,000,000
Florida ......................
Eglin Auxiliary Field
9.
1 Unit ....................
$249,000
MacDill Air Force
Base.
56 Units ................
$8,822,000
Patrick Air Force
Base.
Ancillary Facility ...
$2,430,000
Tyndall Air Force
Base.
42 Units ................
$6,000,000
Georgia ......................
Robins Air Force
Base ......................
46 Units ................
$5,252,000
Louisiana ..................
Barksdale Air Force
Base ......................
80 Units ................
$9,570,000
Maryland ...................
Hanscom Air Force
Base.
32 Units ................
$5,100,000
Missouri ....................
Whiteman Air Force
Base ......................
68 Units ................
$9,600,000
Nevada ......................
Nellis Air Force Base
50 Units ................
$7,955,000
New Mexico ...............
Kirtland Air Force
Base ......................
50 Units ................
$5,450,000
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Air Force: Family Housing—Continued
State
Installation
Purpose
Amount
North Dakota ............
Grand Forks Air
Force Base ............
66 Units ................
$7,784,000
Minot Air Force Base
46 Units ................
$8,740,000
Texas .........................
Lackland Air Force
Base ......................
132 Units ..............
$11,500,000
Lackland Air Force
Base ......................
Ancillary Facility ...
$800,000
Washington ...............
McChord Air Force
Base ......................
50 Units ................
$5,659,000
Total ..............
$168,828,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2304(a)(6)(A), the Secretary of the Air Force may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of military family housing units in an
amount not to exceed $9,590,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(6)(A),
the Secretary of the Air Force may improve existing mili-
tary family housing units in an amount not to exceed
$125,650,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR
FORCE.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
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30, 1996, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $1,823,456,000 as fol-
lows:
(1) For military construction projects inside the
United States authorized by section 2301(a),
$525,684,000.
(2) For military construction projects outside
the United States authorized by section 2301(b),
$78,115,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $12,328,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $47,387,000.
(5) For demolition of excess facilities under sec-
tion 2814 of title 10, United States Code, as added
by section 2802, $10,000,000.
(6) For military housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $304,068,000.
(B) For support of military family housing
(including the functions described in section
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2833 of title 10, United States Code),
$840,474,000.
(7) For the construction of a corrosion control
facility at Tinker Air Force Base, Oklahoma, au-
thorized by section 2301(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1996 (divi-
sion B of Public Law 104–106; 110 Stat. 530),
$5,400,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2301 of this Act
may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a).
TITLE XXIV—DEFENSE
AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2406(a)(1), and, in the case of the projects
described in paragraphs (2) and (3) of section 2406(b),
other amounts appropriated pursuant to authorizations
enacted after this Act for such projects, the Secretary of
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Defense may acquire real property and carry out military
construction projects for the installations and locations in-
side the United States, and in the amounts, set forth in
the following table:
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Chemical Demilitarization
Program .............................
Pueblo Chemical Activity, Colorado
$179,000,000
Defense Finance & Account-
ing Service .........................
Charleston, South Carolina ..............
$6,200,000
Gentile Air Force Station, Ohio .......
$11,400,000
Griffiss Air Force Base, New York
$10,200,000
Loring Air Force Base, Maine .........
$6,900,000
Naval Training Center, Orlando,
Florida ..........................................
$2,600,000
Norton Air Force Base, California
$13,800,000
Offutt Air Force Base, Nebraska ....
$7,000,000
Rock Island Arsenal, Illinois ............
$14,400,000
Defense Intelligence Agency
Bolling Air Force Base, District of
Columbia .......................................
$6,790,000
Defense Logistics Agency ......
Altus Air Force Base, Oklahoma .....
$3,200,000
Andrews Air Force Base, Maryland
$12,100,000
Barksdale Air Force Base, Louisi-
ana ................................................
$4,300,000
Defense Construction Supply Cen-
ter, Columbus, Ohio .....................
$600,000
Defense Distribution, San Diego,
California ......................................
$15,700,000
Elmendorf Air Force Base, Alaska
$18,000,000
McConnell Air Force Base, Kansas
$2,200,000
Naval Air Facility, El Centro, Cali-
fornia ............................................
$5,700,000
Naval Air Station, Fallon, Nevada
$2,100,000
Naval Air Station, Oceana, Virginia
$1,500,000
Shaw Air Force Base, South Caro-
lina ................................................
$2,900,000
Travis Air Force Base, California ....
$15,200,000
Defense Medical Facility Of-
fice .....................................
Andrews Air Force Base, Maryland
$15,500,000
Charleston Air Force Base, South
Carolina ........................................
$1,300,000
Fort Bliss, Texas ..............................
$6,600,000
Fort Bragg, North Carolina .............
$11,400,000
Fort Hood, Texas .............................
$1,950,000
Marine Corps Base, Camp Pendle-
ton, California ..............................
$3,300,000
Maxwell Air Force Base, Alabama ...
$25,000,000
Naval Air Station, Key West, Flor-
ida .................................................
$15,200,000
Naval Air Station, Norfolk, Virginia
$1,250,000
Naval Air Station, Lemoore, Califor-
nia .................................................
$38,000,000
Special Operations Command
Fort Bragg, North Carolina .............
$14,000,000
Fort Campbell, Kentucky .................
$4,200,000
MacDill Air Force Base, Florida .....
$9,600,000
Naval Amphibious Base, Coronado,
California ......................................
$7,700,000
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Defense Agencies: Inside the United States—Continued
Agency
Installation or location
Amount
Naval Station, Ford Island, Pearl
Harbor, Hawaii ............................
$12,800,000
Total .........................................
$509,590,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2406(a)(2), the Secretary of Defense may
acquire real property and carry out military construction
projects for the installations and locations outside the
United States, and in the amounts, set forth in the follow-
ing table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Logistics Agency ......
Moron Air Base, Spain ....................
$12,958,000
Naval Air Station, Sigonella, Italy ...
$6,100,000
Defense Medical Facility Of-
fice .....................................
Administrative Support Unit, Bah-
rain, Bahrain ................................
$4,600,000
Total .........................................
$23,658,000
SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.
Using amounts appropriated pursuant to the author-
ization of appropriation in section 2406(a)(14)(A), the
Secretary of Defense may carry out architectural and en-
gineering services and construction design activities with
respect to the construction or improvement of military
family housing units in an amount not to exceed
$500,000.
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SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriation in section 2406(a)(14)(A),
the Secretary of Defense may improve existing military
family housing units in an amount not to exceed
$3,871,000.
SEC. 2404. MILITARY HOUSING IMPROVEMENT PROGRAM.
(a) AVAILABILITY OF FUNDS FOR CREDIT TO FAM-
ILY HOUSING IMPROVEMENT FUND.—(1) Of the amount
authorized to be appropriated pursuant to section
2406(a)(14)(C), $35,000,000 shall be available for credit
to the Department of Defense Family Housing Improve-
ment Fund established by section 2883(a)(1) of title 10,
United States Code.
(2) Of the amount authorized to be appropriated pur-
suant to section 2406(a)(14)(D), $10,000,000 shall be
available for credit to the Department of Defense Military
Unaccompanied Housing Improvement Fund established
by section 2883(a)(2) of such title.
(b) USE OF FUNDS.—(1) The Secretary of Defense
may use funds credited to the Department of Defense
Family Housing Improvement Fund under subsection
(a)(1) to carry out any activities authorized by subchapter
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IV of chapter 169 of such title with respect to military
family housing.
(2) The Secretary of Defense may use funds credited
to the Department of Defense Military Unaccompanied
Housing Improvement Fund under subsection (a)(2) to
carry out any activities authorized by subchapter IV of
chapter 169 of such title with respect to military unaccom-
panied housing.
SEC. 2405. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2406(a)(12), the Sec-
retary of Defense may carry out energy conservation
projects under section 2865 of title 10, United States
Code.
SEC. 2406. AUTHORIZATION OF APPROPRIATIONS, DE-
FENSE AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 1996, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $3,431,670,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2401(a),
$346,487,000.
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(2) For military construction projects outside
the United States authorized by section 2401(b),
$23,658,000.
(3) For military construction projects at Naval
Hospital, Portsmouth, Virginia, hospital replace-
ment, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Years
1990 and 1991 (division B of Public Law 101–189;
103 Stat. 1640), $24,000,000.
(4) For military construction projects at Walter
Reed Army Institute of Research, Maryland, hospital
replacement, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102–484; 106
Stat. 2599), $72,000,000.
(5) For military construction projects at Fort
Bragg, North Carolina, hospital replacement, au-
thorized by section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1993 (106
Stat. 2599), $89,000,000.
(6) For military construction projects at Pine
Bluff Arsenal, Arkansas, authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Year 1995 (division B of the Public
Law 103–337; 108 Stat. 3040), $46,000,000.
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(7) For military construction projects at
Umatilla Army Depot, Oregon, authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Year 1995 (108 Stat. 3040),
$64,000,000.
(8) For military construction projects at De-
fense Finance and Accounting Service, Columbus,
Ohio, authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 1996
(division B of Public Law 104–106; 110 Stat. 535),
$20,822,000.
(9) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $16,874,000.
(10) 
For 
unspecified 
minor 
construction
projects under section 2805 of title 10, United
States Code, $9,500,000.
(11) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $12,239,000.
(12) For energy conservation projects under
section 2865 of title 10, United States Code,
$47,765,000.
(13) For base closure and realignment activities
as authorized by the Defense Base Closure and Re-
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alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note),
$2,507,476,000.
(14) For military family housing functions:
(A) For improvement and planning of mili-
tary family housing and facilities, $4,371,000.
(B) For support of military housing (in-
cluding functions described in section 2833 of
title 10, United States Code), $30,963,000, of
which not more than $25,637,000 may be obli-
gated or expended for the leasing of military
family housing units worldwide.
(C) For credit to the Department of De-
fense Family Housing Improvement Fund as
authorized by section 2404(a)(1) of this Act,
$35,000,000.
(D) For credit to the Department of De-
fense Military Unaccompanied Housing Im-
provement Fund as authorized by section
2404(a)(2) of this Act, $10,000,000.
(E) For the Homeowners Assistance Pro-
gram as authorized by section 2832 of title 10,
United States Code, $36,181,000, to remain
available until expended.
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(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variation author-
ized by section 2853 of title 10, United States Code, and
any other cost variations authorized by law, the total cost
of all projects carried out under section 2401 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a);
(2) $161,503,000 (the balance of the amount
authorized under section 2401(a) of this Act for the
construction of a chemical demilitarization facility at
Pueblo Army Depot, Colorado); and
(3) $1,600,000 (the balance of the amount au-
thorized under section 2401(a) of this Act for the
construction of a replacement facility for the medical
and dental clinic, Key West Naval Air Station, Flor-
ida).
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TITLE 
XXV—NORTH 
ATLANTIC
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for
the North Atlantic Treaty Organization Security Invest-
ment Program as provided in section 2806 of title 10,
United States Code, in an amount not to exceed the sum
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the
North Atlantic Treaty Organization as a result of con-
struction previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1996, for con-
tributions by the Secretary of Defense under section 2806
of title 10, United States Code, for the share of the United
States of the cost of projects for the North Atlantic Treaty
Security Investment Program as authorized by section
2501, in the amount of $177,000,000.
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TITLE XXVI—GUARD AND
RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal
years beginning after September 30, 1996, for the costs
of acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve
Forces, and for contributions therefor, under chapter
1803 of title 10, United States Code (including the cost
of acquisition of land for those facilities), the following
amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the
United States, $41,316,000; and
(B) for the Army Reserve, $50,159,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $33,169,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the
United States, $118,394,000; and
(B) 
for 
the 
Air 
Force 
Reserve,
$51,655,000.
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SEC. 2602. NAMING OF RANGE AT CAMP SHELBY, MIS-
SISSIPPI.
(a) NAME.—The Multi Purpose Range Complex
(Heavy) at Camp Shelby, Mississippi, shall after the date
of the enactment of this Act be known and designated as
the ‘‘G.V. (Sonny) Montgomery Range’’. Any reference to
such range in any law, regulation, map, document, record,
or other paper of the United States shall be considered
to be a reference to the G. V. (Sonny) Montgomery Range.
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect at noon on January 3, 1997, or the first day on which
G. V. (Sonny) Montgomery otherwise ceases to be a Mem-
ber of the House of Representatives.
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZA-
TIONS
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND
AMOUNTS REQUIRED TO BE SPECIFIED BY
LAW.
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVI for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North At-
lantic Treaty Organization Infrastructure program (and
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1880), authorizations for the projects set forth in the ta-
bles in subsection (b), as provided in section 2101, 2102,
2201, 2301, or 2601 of that Act, shall remain in effect
until October 1, 1997, or the date of the enactment of
an Act authorizing funds for military construction for fis-
cal year 1998, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Army: Extension of 1994 Project Authorizations
State
Installation or loca-
tion
Project
Amount
New Jersey ...................
Picatinny Arsenal ........
Advance War-
head Devel-
opment Fa-
cility ............
$4,400,000
North Carolina .............
Fort Bragg ..................
Land Acquisi-
tion ..............
$15,000,000
Wisconsin .....................
Fort McCoy .................
Family Hous-
ing Construc-
tion (16
units) ...........
$2,950,000
Navy: Extension of 1994 Project Authorizations
State or Location
Installation or loca-
tion
Project
Amount
California ..................
Camp Pendleton Ma-
rine Corps Base ....
Sewage Facility .....
$7,930,000
Connecticut ...............
New London Naval
Submarine Base ....
Hazardous Waste
Transfer Facility
$1,450,000
New Jersey ...............
Earle Naval Weapons
Station ..................
Explosives Holding
Yard ...................
$1,290,000
Virginia .....................
Oceana Naval Air
Station ..................
Jet Engine Test
Cell Replacement
$5,300,000
Various Locations .....
Various Locations .....
Land Acquisition
Inside the United
States .................
$540,000
Various Locations .....
Various Locations .....
Land Acquisition
Outside the Unit-
ed States ............
$800,000
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Air Force: Extension of 1994 Project Authorizations
State
Installation or Lo-
cation
Project
Amount
Alaska .......................
Eielson Air Force
Base.
Upgrade Water
Treatment Plant
$3,750,000
Elmendorf Air Force
Base ......................
Corrosion Control
Facility ..............
$5,975,000
California ..................
Beale Air Force Base
Educational Center
$3,150,000
Florida ......................
Tyndall Air Force
Base.
Base Supply Logis-
tics Center .........
$2,600,000
Mississippi .................
Keesler Air Force
Base.
Upgrade Student
Dormitory ..........
$4,500,000
North Carolina ..........
Pope Air Force Base
Add To and Alter
Dormitories ........
$4,300,000
Virginia .....................
Langley Air Force
Base ......................
Fire Station ...........
$3,850,000
Army National Guard: Extension of 1994 Project Authorizations
State
Installation or Lo-
cation
Project
Amount
Alabama ....................
Birmingham ..............
Aviation Support
Facility ..............
$4,907,000
Arizona ......................
Marana .....................
Organizational
Maintenance
Shop ...................
$553,000
Marana .....................
Dormitory/Dining
Facility ..............
$2,919,000
California ..................
Fresno .......................
Organizational
Maintenance
Shop Modifica-
tion ....................
$905,000
Van Nuys ..................
Armory Addition ...
$6,518,000
New Mexico ...............
White Sands Missile
Range ....................
Organizational
Maintenance
Shop ...................
$2,940,000
Tactical Site ..........
$1,995,000
MATES .................
$3,570,000
Pennsylvania .............
Indiantown Gap ........
State Military
Building .............
$9,200,000
Johnstown .................
Armory Addition/
Flight Facility ...
$5,004,000
Johnstown .................
Armory ..................
$3,000,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1993 PROJECTS.
(a) EXTENSIONS.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102–484; 106 Stat.
2602), authorizations for the projects set forth in the ta-
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bles in subsection (b), as provided in section 2101, 2301,
or 1601 of that Act and extended by section 2702 of the
Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104–106; 110 Stat. 541),
shall remain in effect until October 1, 1997, or the date
of the enactment of an Act authorizing funds for military
construction for fiscal year 1998, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Army: Extension of 1993 Project Authorization
State
Installation or loca-
tion
Project
Amount
Arkansas .......................
Pine Bluff Arsenal .......
Ammunition
Demilitariza-
tion Support
Facility ........
$15,000,000
Air Force: Extension of 1993 Project Authorization
Country
Installation or loca-
tion
Project
Amount
Portugal ........................
Lajes Field ...................
Water Wells ....
$865,000
Army National Guard: Extension of 1993 Project Authorizations
State
Installation or Loca-
tion
Project
Amount
Alabama .......................
Tuscaloosa ...................
Armory ............
$2,273,000
Union Springs ..............
Armory ............
$813,000
SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1992 PROJECTS.
(a) EXTENSIONS.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1992 (division B of Public Law 102–190; 105 Stat.
1535), authorizations for the projects set forth in the table
in subsection (b), as provided in section 2201 of that Act
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and extended by section 2702(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1995 (division B
of Public Law 103–337; 108 Stat. 3047) and section
2703(a) of the Military Construction Authorization Act
for Fiscal Year 1996 (division B of Public Law 104–106;
110 Stat. 543), shall remain in effect until October 1,
1997, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1998, which-
ever is later.
(b) TABLE.—The table referred to in subsection (a)
is as follows:
Army: Extension of 1992 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Oregon ..........................
Umatilla Army Depot
Ammunition
Demilitariza-
tion Support
Facility ........
$3,600,000
Umatilla Army Depot
Ammunition
Demilitariza-
tion Utilities
$7,500,000
SEC. 2705. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI
shall take effect on the later of—
(1) October 1, 1996; or
(2) the date of the enactment of this Act.
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TITLE XXVIII—GENERAL
PROVISIONS
Subtitle A—Military Construction
and Military Family Housing
SEC. 2801. NORTH ATLANTIC TREATY ORGANIZATION SECU-
RITY INVESTMENT PROGRAM.
(a) CHANGE
IN REFERENCE
TO EARLIER PRO-
GRAM.—(1) Section 2806(b) of title 10, United States
Code, is amended by striking out ‘‘North Atlantic Treaty
Organization Infrastructure program’’ and inserting in
lieu thereof ‘‘North Atlantic Treaty Organization Security
Investment Program’’.
(2) Section 2861(b)(3) of such title is amended by
striking out ‘‘North Atlantic Treaty Organization Infra-
structure program’’ and inserting in lieu thereof ‘‘North
Atlantic Treaty Organization Security Investment Pro-
gram’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
section 2806 of such title is amended to read as follows:
‘‘§ 2806. Contributions for North Atlantic Treaty Or-
ganization 
Security 
Investment 
Pro-
gram’’.
(2) The item relating to such section in the table of
sections at the beginning of subchapter I of chapter 169
of such title is amended to read as follows:
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‘‘2806. Contributions for North Atlantic Treaty Organization Security Invest-
ment Program.’’.
SEC. 2802. AUTHORITY TO DEMOLISH EXCESS FACILITIES.
(a) DEMOLITION AUTHORIZED.—Subchapter I of
chapter 169 of title 10, United States Code, is amended
by adding at the end the following new section:
‘‘§ 2814. Demolition of excess facilities
‘‘(a) DEMOLITION USING MILITARY CONSTRUCTION
APPROPRIATIONS.—Within an amount equal to 125 per-
cent of the amount appropriated for such purpose in the
military construction account, the Secretary concerned
may carry out the demolition of a facility on a military
installation when the facility is determined by the Sec-
retary concerned to be—
‘‘(1) excess to the needs of the military depart-
ment or Defense Agency concerned; and
‘‘(2) not suitable for reuse.
‘‘(b) DEMOLITIONS USING OPERATIONS AND MAIN-
TENANCE FUNDS.—Using funds available to the Secretary
concerned for operation and maintenance, the Secretary
concerned may carry out a demolition project involving an
excess facility described in subsection (a), except that the
amount obligated on the project may not exceed the maxi-
mum amount authorized for a minor construction project
under section 2805(c)(1) of this title.
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‘‘(c) ADVANCE APPROVAL OF CERTAIN PROJECTS.—
(1) A demolition project under this section that would cost
more than $500,000 may not be carried out under this
section unless approved in advance by the Secretary con-
cerned.
‘‘(2) When a decision is made to demolish a facility
covered by paragraph (1), the Secretary concerned shall
submit a report in writing to the appropriate committees
of Congress on that decision. Each such report shall in-
clude—
‘‘(A) the justification for the demolition and the
current estimate of its costs, and
‘‘(B) the justification for carrying out the
project under this section.
‘‘(3) The demolition project may be carried out only
after the end of the 21-day period beginning on the date
the notification is received by such committees.
‘‘(d) CERTAIN PROJECTS PROHIBITED.—(1) A demo-
lition project involving military family housing may not be
carried out under the authority of this section.
‘‘(2) A demolition project required as a result of a
base closure action authorized by title II of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 2687
note) or the Defense Base Closure and Realignment Act
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of 1990 (part A of title XXIX of Public Law 101–510;
10 U.S.C. 2687 note) may not be carried out under the
authority of this section.
‘‘(3) A demolition project required as a result of envi-
ronmental contamination shall be carried out under the
authority of the environmental restoration program under
section 2701(b)(3) of this title.
‘‘(e) DEMOLITION INCLUDED IN SPECIFIC MILITARY
CONSTRUCTION PROJECT.—Nothing in this section is in-
tended to preclude the inclusion of demolition of facilities
as an integral part of a specific military construction
project when the demolition is required for accomplish-
ment of the intent of that construction project.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such subchapter is amended by adding
at the end the following new item:
‘‘2814. Demolition of excess facilities.’’.
SEC. 2803. IMPROVEMENTS TO FAMILY HOUSING UNITS.
(a) 
AUTHORIZED
IMPROVEMENTS.—Subsection
(a)(2) of section 2825 of title 10, United States Code, is
amended—
(1) by inserting ‘‘major’’ before ‘‘maintenance’’;
and
(2) by adding at the end the following: ‘‘Such
term does not include day-to-day maintenance and
repair.’’.
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(b) LIMITATION.—Subsection (b) of such is amended
by striking out paragraph (2) and inserting in lieu thereof
the following new paragraph:
‘‘(2) In determining the applicability of the limitation
contained in paragraph (1), the Secretary concerned shall
include as part of the cost of the improvement the follow-
ing:
‘‘(A) The cost of major maintenance or repair
work (excluding day-to-day maintenance and repair)
undertaken in connection with the improvement.
‘‘(B) Any cost, beyond the five-foot line of a
housing unit, in connection with—
‘‘(i) the furnishing of electricity, gas,
water, and sewage disposal;
‘‘(ii) the construction or repair of roads,
drives, and walks; and
‘‘(iii) grading and drainage work.’’.
Subtitle B—Defense Base Closure
and Realignment
SEC. 2811. RESTORATION OF AUTHORITY FOR CERTAIN
INTRAGOVERNMENT TRANSFERS UNDER 1988
BASE CLOSURE LAW.
Section 204(b)(2) of the Defense Authorization
Amendments and Base Closure and Realignment Act
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(Public Law 100–526; 10 U.S.C. 2687 note), is amend-
ed—
(1) by redesignating subparagraphs (D) and
(E) as subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) The Secretary of Defense may transfer real
property or facilities located at a military installation to
be closed or realigned under this title, with or without re-
imbursement, to a military department or other entity (in-
cluding a nonappropriated fund instrumentality) within
the Department of Defense or the Coast Guard.’’.
SEC. 2812. CONTRACTING FOR CERTAIN SERVICES AT FA-
CILITIES REMAINING ON CLOSED INSTALLA-
TIONS.
(a) 1988 LAW.—Section 204(b)(8)(A) of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act (title II of Public Law 100–526; 10 U.S.C.
2687 note), is amended by inserting ‘‘or at facilities re-
maining on installations closed under this title’’ after
‘‘under this title’’.
(b) 1990 LAW.—Section 2905(b)(8)(A) of 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), is amended by inserting ‘‘or at facilities remaining
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on installations closed under this part’’ after ‘‘under this
part’’.
SEC. 2813. AUTHORITY TO COMPENSATE OWNERS OF MAN-
UFACTURED HOUSING.
(a) 1988 LAW.—Section 204 of the Defense Author-
ization Amendments and Base Closure and Realignment
Act (title II of Public Law 100–526; 10 U.S.C. 2687
note), is amended by adding at the end the following new
subsection:
‘‘(f) ACQUISITION OF MANUFACTURED HOUSING.—
(1) In closing or realigning any military installation under
this title, the Secretary may purchase any or all right,
title, and interest of a member of the Armed Forces and
any spouse of the member in manufactured housing lo-
cated at a manufactured housing park established at an
installation closed or realigned under this title, or make
a payment to the member to relocate the manufactured
housing to a suitable new site, if the Secretary determines
that—
‘‘(A) it is in the best interests of the Federal
Government to eliminate or relocate the manufac-
tured housing park; and
‘‘(B) the elimination or relocation of the manu-
factured housing park would result in an unreason-
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able financial hardship to the owners of the manu-
factured housing.
‘‘(2) Any payment made under this subsection shall
not exceed 90 percent of the purchase price of the manu-
factured housing, as paid by the member or any spouse
of the member, plus the cost of any permanent improve-
ments subsequently made to the manufactured housing by
the member or spouse of the member.
‘‘(3) The Secretary shall dispose of manufactured
housing acquired under this subsection through resale, do-
nation, trade or otherwise within one year of acquisition.’’.
(b) 1990 LAW.—Section 2905 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 adding at the end the following new sub-
section:
‘‘(g) ACQUISITION OF MANUFACTURED HOUSING.—
(1) In closing or realigning any military installation under
this part, the Secretary may purchase any or all right,
title, and interest of a member of the Armed Forces and
any spouse of the member in manufactured housing lo-
cated at a manufactured housing park established at an
installation closed or realigned under this part, or make
a payment to the member to relocate the manufactured
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housing to a suitable new site, if the Secretary determines
that—
‘‘(A) it is in the best interests of the Federal
Government to eliminate or relocate the manufac-
tured housing park; and
‘‘(B) the elimination or relocation of the manu-
factured housing park would result in an unreason-
able financial hardship to the owners of the manu-
factured housing.
‘‘(2) Any payment made under this subsection shall
not exceed 90 percent of the purchase price of the manu-
factured housing, as paid by the member or any spouse
of the member, plus the cost of any permanent improve-
ments subsequently made to the manufactured housing by
the member or spouse of the member.
‘‘(3) The Secretary shall dispose of manufactured
housing acquired under this subsection through resale, do-
nation, trade or otherwise within one year of acquisition.’’.
SEC. 2814. ADDITIONAL PURPOSE FOR WHICH ADJUST-
MENT AND DIVERSIFICATION ASSISTANCE IS
AUTHORIZED.
Section 2391(b)(5) of title 10, United States Code,
is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(5)’’; and
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(2) by adding at the end the following new sub-
paragraph:
‘‘(B) The Secretary of Defense may also make
grants, conclude cooperative agreements, and supplement
other Federal funds in order to assist a State in enhancing
its capacities—
‘‘(i) to assist communities, businesses, and
workers adversely affected by an action described in
paragraph (1);
‘‘(ii) to support local adjustment and diver-
sification initiatives; and
‘‘(iii) to stimulate cooperation between state-
wide and local adjustment and diversification ef-
forts.’’.
SEC. 2815. PAYMENT OF STIPULATED PENALTIES ASSESSED
UNDER 
CERCLA 
IN 
CONNECTION 
WITH
LORING AIR FORCE BASE, MAINE.
From amounts in the Department of Defense Base
Closure Account 1990 established by section 2906(a)(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), the Secretary of Defense may expend not
more than $50,000 to pay stipulated civil penalties as-
sessed under the Comprehensive Environmental Response,
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Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) against Loring Air Force Base, Maine.
SEC. 2816. PLAN FOR UTILIZATION, REUTILIZATION, OR
DISPOSAL OF MISSISSIPPI ARMY AMMUNI-
TION PLANT.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of the Army shall submit
to Congress a plan for the utilization, reutilization, or dis-
posal of the Mississippi Army Ammunition Plant, Han-
cock County, Mississippi.
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2821. TRANSFER AND EXCHANGE OF JURISDICTION,
ARLINGTON NATIONAL CEMETERY, ARLING-
TON, VIRGINIA.
(a) TRANSFER OF CERTAIN SECTION 29 LANDS.—
(1) The Secretary of the Interior shall transfer to the Sec-
retary of the Army administrative jurisdiction over the fol-
lowing lands located in section 29 of the unit of the Na-
tional Park System known as Arlington National Ceme-
tery, Virginia:
(A) The lands known as the Arlington National
Cemetery Interment Zone.
(B) The lands known as the Robert E. Lee Me-
morial Preservation Zone, except those lands in the
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preservation zone that the Secretary of the Interior
determines to retain because of the historical signifi-
cance of the lands.
(2) The transfer of lands under paragraph (1) shall
be carried out in accordance with the Interagency Agree-
ment entered into by the Secretary of the Army and the
Secretary of the Interior on February 22, 1995.
(b) EXCHANGE OF ADDITIONAL LAND.—(1) The Sec-
retary of the Interior shall transfer to the Secretary of
the Army administrative jurisdiction over a parcel of land,
including any improvements thereon, consisting of ap-
proximately 2.43 acres, located in the Memorial Drive en-
trance area to Arlington National Cemetery.
(2) In exchange for the transfer under paragraph (1),
the Secretary of the Army shall transfer to the Secretary
of the Interior administrative jurisdiction over a parcel of
land, including any improvements thereon, consisting of
approximately 0.17 acres, located at Arlington National
Cemetery, and known as the Old Administrative Building
site. The Secretary of the Army shall grant to the Sec-
retary of the Interior a perpetual right of ingress and
egress to the parcel transferred this paragraph.
(c) LEGAL DESCRIPTION.—The exact acreage and
legal descriptions of the lands to be transferred pursuant
to this section shall be determined by surveys satisfactory
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to the Secretary of the Interior and the Secretary of the
Army. The costs of the surveys shall be borne by the Sec-
retary of the Army.
SEC. 2822. LAND CONVEYANCE, ARMY RESERVE CENTER,
RUSHVILLE, INDIANA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the City
of Rushville, Indiana (in this section referred to as the
‘‘City’’), all right, title, and interest of the United States
in and to a parcel of excess real property, including im-
provements thereon, that is located in Rushville, Indiana,
and contains the Rushville Army Reserve Center.
(b) CONDITION OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
condition that the City retain the conveyed property for
the use and benefit of the Rushville Police Department.
(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. The cost of the survey shall be
borne by the City.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
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(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2823. LAND CONVEYANCE, ARMY RESERVE CENTER,
ANDERSON, SOUTH CAROLINA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Coun-
ty of Anderson, South Carolina (in this section referred
to as the ‘‘County’’), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, that is located at 805 East
Whitner Street in Anderson, South Carolina, and contains
an Army Reserve Center.
(b) CONDITION OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
condition that the County retain the conveyed property for
the use and benefit of the Anderson County Department
of Education.
(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. The cost of the survey shall be
borne by the County.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
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(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2824. REAFFIRMATION OF LAND CONVEYANCES, FORT
SHERIDAN, ILLINOIS.
As soon as practicable after the date of the enactment
of this Act, the Secretary of the Army shall complete the
land conveyances involving Fort Sheridan, Illinois, re-
quired or authorized under section 125 of the Military
Construction Appropriations Act, 1996 (Public Law 104–
32; 109 Stat. 290).
PART II—NAVY CONVEYANCES
SEC. 2831. RELEASE OF CONDITION ON RECONVEYANCE OF
TRANSFERRED LAND, GUAM.
(a) IN GENERAL.—Section 818(b)(2) of the Military
Construction Authorization Act, 1981 (Public Law 96–
418; 94 Stat. 1782), relating to a condition on disposal
by Guam of lands conveyed to Guam by the United States,
shall have no force or effect and is repealed.
(b) EXECUTION OF INSTRUMENTS.—The Secretary
of the Navy and the Administrator of General Services
shall execute all instruments necessary to implement this
section.
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SEC. 2832. LAND EXCHANGE, ST. HELENA ANNEX, NORFOLK
NAVAL SHIPYARD, VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary
of the Navy may convey to such private person as the Sec-
retary considers appropriate (in this section referred to as
the ‘‘transferee’’) all right, title, and interest of the United
States in and to a parcel of real property that is located
at the Norfolk Naval Shipyard, Virginia, and, as of the
date of the enactment of this Act, is a portion of the prop-
erty leased to the Norfolk Shipbuilding and Drydock Com-
pany pursuant to the Department of the Navy lease
N00024–84–L–0004, effective October 1, 1984, as ex-
tended.
(2) Pending completion of the conveyance authorized
by paragraph (1), the Secretary may lease the real prop-
erty to the transferee upon such terms as the Secretary
considers appropriate.
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), including any interim lease
authorized by such subsection, the transferee shall—
(1) convey to the United States all right, title,
and interest to a parcel or parcels of real property,
together with any improvements thereon, located in
the area of Portsmouth, Virginia, which are deter-
mined to be acceptable to the Secretary; and
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(2) pay to the Secretary an amount equal to the
amount, if any, by which the fair market value of
the parcel conveyed by the Secretary under sub-
section (a) exceeds the fair market value of the par-
cel conveyed to the United States under paragraph
(1).
(c) USE OF RENTAL AMOUNTS.—The Secretary may
use the amounts received as rent from any lease entered
into under the authority of subsection (a)(2) to fund envi-
ronmental studies of the parcels of real property to be con-
veyed under this section.
(d) IN-KIND CONSIDERATION.—The Secretary and
the transferee may agree that, in lieu of all or any part
of the consideration required by subsection (b)(2), the
transferee may provide and the Secretary may accept the
improvement, maintenance, protection, repair, or restora-
tion of real property under the control of the Secretary
in the area of Hampton Roads, Virginia.
(e) DETERMINATION OF FAIR MARKET VALUE AND
PROPERTY DESCRIPTION.—The Secretary shall determine
the fair market value of the parcels of real property to
be conveyed under subsections (a) and (b)(1). The exact
acreage and legal description of the parcels shall be deter-
mined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the transferee.
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(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyances under this section as
the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 
2833. 
LAND 
CONVEYANCE, 
CALVERTON 
PINE
BARRENS, NAVAL WEAPONS INDUSTRIAL RE-
SERVE PLANT, CALVERTON, NEW YORK.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Navy may convey, without consideration, to the De-
partment of Environmental Conservation of the State of
New York (in this section referred to as the ‘‘Depart-
ment’’), all right, title, and interest of the United States
in and to the Calverton Pine Barrens located at the Naval
Weapons Industrial Reserve Plant, Calverton, New York.
(b) EFFECT ON OTHER CONVEYANCE AUTHORITY.—
The conveyance authorized by this subsection shall not af-
fect the transfer of jurisdiction of a portion of the
Calverton Pine Barrens authorized by section 2865 of the
Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104–106; 110 Stat. 576).
(c) CONDITION OF CONVEYANCE.—The conveyance
under subsection (a) shall be subject to the condition that
the Department agree—
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(1) to maintain the conveyed property as a na-
ture preserve, as required by section 2854 of the
Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102–484; 106
Stat. 2626), as amended by section 2823 of the Mili-
tary Construction Authorization Act for Fiscal Year
1995 (division B of Public Law 103–337; 108 Stat.
3058);
(2) to designate the conveyed property as the
‘‘Otis G. Pike Preserve’’; and
(3) to continue to allow the level of sporting ac-
tivities on the conveyed property as permitted at the
time of the conveyance.
(d) 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. The cost of the survey shall be
borne by the Department.
(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.
(f) CALVERTON PINE BARRENS DEFINED.—In this
section, the term ‘‘Calverton Pine Barrens’’ has the mean-
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ing given that term in section 2854(d)(1) of the Military
Construction Authorization Act for Fiscal Year 1993 (di-
vision B of Public Law 102–484; 106 Stat. 2626).
PART III—AIR FORCE CONVEYANCES
SEC. 2841. CONVEYANCE OF PRIMATE RESEARCH COM-
PLEX, HOLLOMAN AIR FORCE BASE, NEW
MEXICO.
(a) CONVEYANCE
AUTHORIZED.—Notwithstanding
any other provision of law, the Secretary of the Air Force
may dispose of all right, title, and interest of the United
States in and to the primate research complex at
Holloman Air Force Base, New Mexico. The conveyance
may include the colony of chimpanzees owned by the Air
Force that are housed at or managed from the primate
research complex. The conveyance may not include the
real property on which the primate research complex is
located.
(b) COMPETITIVE PROCEDURES REQUIRED.—The
Secretary shall use competitive procedures in making the
conveyance authorized by subsection (a).
(c) CARE AND USE STANDARDS.—As part of the so-
licitation of bids for the conveyance authorized by sub-
section (a), the Secretary shall develop standards for the
care and use of the primate research complex, and of
chimpanzees. The Secretary shall develop the standards
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in consultation with the Secretary of Agriculture and the
Director of the National Institutes of Health.
(d) CONDITIONS OF CONVEYANCE.—The conveyance
authorized by subsection (a) shall be subject to the
followings conditions:
(1) That the recipient of the primate research
complex—
(A) utilize any chimpanzees included in the
conveyance for scientific research or medical re-
search purposes; or
(B) retire and provide adequate care for
such chimpanzees.
(2) That the recipient of the primate research
complex assume from the Secretary any leases at the
primate research complex that are in effect at the
time of the conveyance.
(e) DESCRIPTION OF COMPLEX.—The exact legal de-
scription of the primate research complex to be conveyed
under subsection (a) shall be determined by a survey or
other means satisfactory to the Secretary. The cost of any
survey or other services performed at the direction of the
Secretary under the authority in the preceding sentence
shall be borne by the recipient of the primate research
complex.
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(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. 2842. LAND CONVEYANCE, RADAR BOMB SCORING
SITE, BELLE FOURCHE, SOUTH DAKOTA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Air Force may convey, without consideration, to the
Belle Fourche School District, Belle Fourche, South Da-
kota (in this section referred to as the ‘‘District’’), all
right, title, and interest of the United States in and to
a parcel of real property, together with any improvements
thereon, consisting of approximately 37 acres located in
Belle Fourche, South Dakota, which has served as the lo-
cation of a support complex and housing facilities for De-
tachment 21 of the 554th Range Squadron, an Air Force
Radar Bomb Scoring Site located in Belle Fourche, South
Dakota. The conveyance may not include any portion of
the radar bomb scoring site located in the State of Wyo-
ming.
(b) CONDITION OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
condition that the District—
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(1) use the property and facilities conveyed
under such subsection for education, economic devel-
opment, and housing purposes; or
(2) enter into an agreement with an appro-
priate public or private entity to sell or lease the
property and facilities to such entity for such pur-
poses.
(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under this
section shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the
District.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under this section
as the Secretary considers appropriate to protect the inter-
ests of the United States.
PART IV—OTHER CONVEYANCES
SEC. 2851. LAND CONVEYANCE, TATUM SALT DOME TEST
SITE, MISSISSIPPI.
(a) TRANSFER.—The Secretary of Energy may con-
vey, without compensation, to the State of Mississippi (in
this section referred to as the ‘‘State’’) the property known
as the Tatum Salt Dome Test Site, as generally depicted
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on the map of the Department of Energy numbered
301913.104.02 and dated June 25, 1993.
(b) CONDITION ON CONVEYANCE.—The conveyance
under this section shall be subject to the condition that
the State use the conveyed property as a wilderness area
and working demonstration forest.
(c) DESIGNATION.—The property to be conveyed is
hereby designated as the ‘‘Jamie Whitten Wilderness
Area’’.
(d) RETAINED RIGHTS.—The conveyance under this
section shall be subject to each of the following rights to
be retained by the United States:
(1) Retention by the United States of the sub-
surface estate below a specified depth. The specified
depth shall be 1000 feet below sea level unless a
lesser depth is agreed upon by the Secretary and the
State.
(2) Retention by the United States of rights of
access, by easement or otherwise, for such purposes
as the Secretary considers appropriate, including ac-
cess to monitoring wells for sampling.
(3) Retention by the United States of the right
to install wells additional to those identified in the
remediation plan for the property to the extent such
additional wells are considered necessary by the Sec-
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retary to monitor potential pathways of contaminant
migration. Such wells shall be in such locations as
specified by the Secretary.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under this section
as the Secretary determines appropriate to protect the in-
terests of the United States.
SEC. 2852. LAND CONVEYANCE, WILLIAM LANGER JEWEL
BEARING PLANT, ROLLA, NORTH DAKOTA.
(a) AUTHORITY TO CONVEY.—The Administrator of
General Services may convey, without consideration, to the
Job Development Authority of the City of Rolla, North
Dakota (in this section referred to as the ‘‘Authority’’),
all right, title, and interest of the United States in and
to a parcel of real property, with improvements thereon
and all associated personal property, consisting of approxi-
mately 9.77 acres and comprising the William Langer
Jewel Bearing Plant in Rolla, North Dakota.
(b) CONDITION OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
condition that the Authority—
(1) use the real and personal property and im-
provements conveyed under that subsection for eco-
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nomic development relating to the jewel bearing
plant;
(2) enter into an agreement with an appro-
priate public or private entity or person to lease
such property and improvements to that entity or
person for such economic development; or
(3) enter into an agreement with an appro-
priate public or private entity or person to sell such
property and improvements to that entity or person
for such economic development.
(c) PREFERENCE
FOR
DOMESTIC
DISPOSAL
OF
JEWEL BEARINGS.—(1) In offering to enter into agree-
ments pursuant to any provision of law for the disposal
of jewel bearings from the National Defense Stockpile, the
President shall give a right of first refusal on all such of-
fers to the Authority or to the appropriate public or pri-
vate entity or person with which the Authority enters into
an agreement under subsection (b).
(2) For the purposes of this section, the term ‘‘Na-
tional Defense Stockpile’’ means the stockpile provided for
in section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98(c)).
(d) AVAILABILITY
OF FUNDS
FOR MAINTENANCE
AND
CONVEYANCE
OF
PLANT.—Notwithstanding any
other provision of law, funds available in fiscal year 1995
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for the maintenance of the William Langer Jewel Bearing
Plant in Public Law 103–335 shall be available for the
maintenance of that plant in fiscal year 1996, pending
conveyance, and for the conveyance of that plant under
this section.
(e) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under this
section shall be determined by a survey satisfactory to the
Administrator. The cost of the survey shall be borne by
the Administrator.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Ad-
ministrator may require such additional terms and condi-
tions in connection with the conveyance under this section
as the Administrator determines appropriate to protect
the interests of the United States.
Subtitle D—Other Matters
SEC. 2861. EASEMENTS FOR RIGHTS-OF-WAY.
Section 2668(a) of title 10, United States Code, is
amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (9);
(2) by redesignating paragraph (10) as para-
graph (12);
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(3) in paragraph (12), as so redesignated, by
striking out ‘‘or by the Act of March 4, 1911 (43
U.S.C. 961)’’; and
(4) by inserting after paragraph (9) the follow-
ing new paragraph:
‘‘(10) poles and lines for the transmission and
distribution of electrical power;
‘‘(11) poles and lines for communication pur-
poses, and for radio, television, and other forms of
communication transmitting, relay, and receiving
structures and facilities; and’’.
SEC. 2862. AUTHORITY TO ENTER INTO COOPERATIVE
AGREEMENTS FOR THE MANAGEMENT OF
CULTURAL RESOURCES ON MILITARY IN-
STALLATIONS.
(a) AGREEMENTS AUTHORIZED.—Chapter 159 of
title 10, United States Code, is amended by inserting after
section 2683 the following new section:
‘‘§ 2684. Cooperative agreements for management of
cultural resources
‘‘(a) AUTHORITY.—The Secretary of Defense or the
Secretary of a military department may enter into a coop-
erative agreement with a State, local government, or other
entity for the preservation, management, maintenance,
and improvement of cultural resources on military instal-
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lations and for the conducting of research regarding the
cultural resources. Activities under the cooperative agree-
ment shall be subject to the availability of funds to carry
out the cooperative agreement.
‘‘(b) APPLICATION OF OTHER LAWS.—Section 1535
and chapter 63 of title 31 shall not apply to a cooperative
agreement entered into under this section.
‘‘(c) CULTURAL RESOURCE DEFINED.—In this sec-
tion, the term ‘cultural resource’ means any of the follow-
ing:
‘‘(1) Any building, structure, site, district, or
object included in or eligible for inclusion in the Na-
tional Register of Historic Places under section 101
of the National Historic Preservation Act (16 U.S.C.
470a).
‘‘(2) Cultural items, as defined in section 2(3)
of the Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3001(3)).
‘‘(3) An archaeological resource, as defined in
section 3(1) of the Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470bb(1)).
‘‘(4) Archaeological artifact collections and as-
sociated records, as defined in section 79 of title 36,
Code of Federal Regulations.’’.
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(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 2683 the following new
item:
‘‘2684. Cooperative agreements for management of cultural resources.’’.
SEC. 2863. DEMONSTRATION PROJECT FOR INSTALLATION
AND OPERATION OF ELECTRIC POWER DIS-
TRIBUTION SYSTEM AT YOUNGSTOWN AIR
RESERVE STATION, OHIO.
(a) AUTHORITY.—The Secretary of the Air Force
may carry out a demonstration project to assess the fea-
sibility and advisability of permitting private entities to
install, operate, and maintain electric power distribution
systems at military installations. The Secretary shall carry
out the demonstration project through an agreement
under subsection (b).
(b) AGREEMENT.—(1) In order to carry out the dem-
onstration project, the Secretary shall enter into an agree-
ment with an electric utility or other company in the
Youngstown, Ohio, area, consistent with State law, under
which the utility or company installs, operates, and main-
tains (in a manner satisfactory to the Secretary and the
utility or company) an electric power distribution system
at Youngstown Air Reserve Station, Ohio.
(2) The Secretary may not enter into an agreement
under this subsection until—
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(A) the Secretary submits to the congressional
defense committees a report on the agreement to be
entered into, including the costs to be incurred by
the United States under the agreement; and
(B) a period of 30 days has elapsed from the
date of the receipt of the report by the committees.
(c) LICENSES AND EASEMENTS.—In order to facili-
tate the installation, operation, and maintenance of the
electric power distribution system under the agreement
under subsection (b), the Secretary may grant the utility
or company with which the Secretary enters into the
agreement such licenses, easements, and rights-of-way,
consistent with State law, as the Secretary and the utility
or company jointly determine necessary for such purposes.
(d) OWNERSHIP OF SYSTEM.—The agreement be-
tween the Secretary and the utility or company under sub-
section (b) may provide that the utility or company shall
own the electric power distribution system installed under
the agreement.
(e) RATE.—The rate charged by the utility or com-
pany for providing and distributing electric power at
Youngstown Air Reserve Station through the electric
power distribution system installed under the agreement
under subsection (b) shall be the rate established by the
appropriate Federal or State regulatory authority.
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(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in the agreement under subsection (b) as the Secretary
considers appropriate to protect the interests of the Unit-
ed States.
SEC. 2864. DESIGNATION OF MICHAEL O’CALLAGHAN MILI-
TARY HOSPITAL.
(a) DESIGNATION.—The Nellis Federal Hospital, a
Federal building located at 4700 North Las Vegas Boule-
vard, Las Vegas, Nevada, shall be known and designated
as the ‘‘Michael O’Callaghan Military Hospital’’.
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United
States to the Federal building referred to in subsection
(a) shall be deemed to be a reference to the ‘‘Michael
O’Callaghan Military Hospital’’.
TITLE XXIX—MILITARY LAND
WITHDRAWALS
Subtitle A—Fort Carson-Pinon
Canyon Military Lands Withdrawal
SEC. 2901. SHORT TITLE.
This subtitle may be cited as the ‘‘Fort Carson-Pinon
Canyon Military Lands Withdrawal Act’’.
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SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS AT
FORT CARSON MILITARY RESERVATION.
(a) WITHDRAWAL.—Subject to valid existing rights
and except as otherwise provided in this subtitle, the lands
at the Fort Carson Military Reservation, Colorado, that
are described in subsection (c) are hereby withdrawn from
all forms of appropriation under the public land laws, in-
cluding the mining laws, the mineral and geothermal leas-
ing laws, and the mineral materials disposal laws.
(b) RESERVATION.—The lands withdrawn under sub-
section (a) are reserved for use by the Secretary of the
Army—
(1) for military maneuvering, training and
weapons firing; and
(2) for other defense related purposes consist-
ent with the uses specified in paragraph (1).
(c) LAND DESCRIPTION.—The lands referred to in
subsection (a) comprise 3,133.02 acres of public land and
11,415.16 acres of federally-owned minerals in El Paso,
Pueblo, and Fremont Counties, Colorado, as generally de-
picted on the map entitled ‘‘Fort Carson Proposed With-
drawal—Fort Carson Base’’, dated February 6, 1992, and
published in accordance with section 4.
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SEC. 2903. WITHDRAWAL AND RESERVATION OF LANDS AT
PINON CANYON MANEUVER SITE.
(a) WITHDRAWAL.—Subject to valid existing rights
and except as otherwise provided in this subtitle, the lands
at the Pinon Canyon Maneuver Site, Colorado, that are
described in subsection (c) are hereby withdrawn from all
forms of appropriation under the public land laws, includ-
ing the mining laws, the mineral and geothermal leasing
laws, and the mineral materials disposal laws.
(b) RESERVATION.—The lands withdrawn under sub-
section (a) are reserved for use by the Secretary of the
Army—
(1) for military maneuvering and training; and
(2) for other defense related purposes consist-
ent with the uses specified in paragraph (1).
(c) LAND DESCRIPTION.—The lands referred to in
subsection (a) comprise 2,517.12 acres of public lands and
130,139 acres of federally-owned minerals in Las Animas
County, Colorado, as generally depicted on the map enti-
tled ‘‘Fort Carson Proposed Withdrawal—Fort Carson
Maneuver Area—Pinon Canyon site’’, dated February 6,
1992, and published in accordance with section 2904.
SEC. 2904. MAPS AND LEGAL DESCRIPTIONS.
(a) PREPARATION OF MAPS AND LEGAL DESCRIP-
TION.—As soon as practicable after the date of the enact-
ment of this subtitle, the Secretary of the Interior shall
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prepare maps depicting the lands withdrawn and reserved
by this subtitle and publish in the Federal Register a no-
tice containing the legal description of such lands.
(b) LEGAL EFFECT.—Such maps and legal descrip-
tions shall have the same force and effect as if they were
included in this subtitle, except that the Secretary of the
Interior may correct clerical and typographical errors in
such maps and legal descriptions.
(c) AVAILABILITY OF MAPS AND LEGAL DESCRIP-
TION.—Copies of such maps and legal descriptions shall
be available for public inspection in the offices of the Colo-
rado State Director and the Canon City District Manager
of the Bureau of Land Management and in the offices of
the Commander of Fort Carson, Colorado.
(d) COSTS.—The Secretary of the Army shall reim-
burse the Secretary of the Interior for the costs of imple-
menting this section.
SEC. 2905. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT GUIDELINES.—
(1) MANAGEMENT
BY
SECRETARY
OF
THE
ARMY.—Except as provided in section 6, during the
period of withdrawal, the Secretary of the Army
shall manage for military purposes the lands covered
by this subtitle and may authorize use of the lands
by the other military departments and agencies of
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the Department of Defense, and the National
Guard, as appropriate.
(2) ACCESS RESTRICTIONS.—When military op-
erations, public safety, or national security, as deter-
mined by the Secretary of the Army, require the clo-
sure of roads and trails on the lands withdrawn by
this subtitle commonly in public use, the Secretary
of the Army is authorized to take such action, except
that such closures shall be limited to the minimum
areas and periods required for the purposes specified
in this subsection. Appropriate warning notices shall
be kept posted during closures.
(3) SUPPRESSION OF FIRES.—The Secretary of
the Army shall take necessary precautions to prevent
and suppress brush and range fires occurring within
and outside the lands as a result of military activi-
ties and may seek assistance from the Bureau of
Land Management in suppressing such fires. The
memorandum of understanding required by this sec-
tion shall provide for Bureau of Land Management
assistance in the suppression of such fires, and for
a transfer of funds from the Department of the
Army to the Bureau of Land Management as com-
pensation for such assistance.
(b) MANAGEMENT PLAN.—
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(1) DEVELOPMENT REQUIRED.—The Secretary
of the Army, with the concurrence of the Secretary
of the Interior, shall develop a plan for the manage-
ment of acquired lands and lands withdrawn under
sections 2902 and 2903 for the period of with-
drawal. The plan shall—
(A) be consistent with applicable law;
(B) include such provisions as may be nec-
essary for proper resource management and
protection of the natural, cultural, and other re-
sources and values of such lands; and
(C) identify those withdrawn and acquired
lands, if any, which are to be open to mining
or mineral and geothermal leasing, including
mineral materials disposal.
(2) TIME FOR DEVELOPMENT.—The manage-
ment plan required by this subsection shall be devel-
oped not later than 5 years after the date of the en-
actment of this subtitle.
(c) IMPLEMENTATION OF MANAGEMENT PLAN.—
(1) MEMORANDUM
OF
UNDERSTANDING
RE-
QUIRED.—The Secretary of the Army and the Sec-
retary of the Interior shall enter into a memoran-
dum of understanding to implement the manage-
ment plan developed under subsection (b).
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(2) DURATION.—The duration of any such
memorandum of understanding shall be the same as
the period of withdrawal specified in section 8(a).
(3) AMENDMENT.—The memorandum of under-
standing may be amended by agreement of both Sec-
retaries.
(d) USE OF CERTAIN RESOURCES.—The Secretary of
the Army is authorized to utilize sand, gravel, or similar
mineral or mineral material resources from the lands with-
drawn by this subtitle when the use of such resources is
required for construction needs of the Fort Carson Res-
ervation or Pinon Canyon Maneuver Site.
SEC. 2906. MANAGEMENT OF WITHDRAWN AND ACQUIRED
MINERAL RESOURCES.
Except as provided in section 2905(d), the Secretary
of the Interior shall manage all withdrawn and acquired
mineral resources within the boundaries of the Fort Car-
son Military Reservation and Pinon Canyon Maneuver
Site in the same manner as provided in section 12 of the
Military Lands Withdrawal Act of 1986 (Public Law 99–
606; 100 Stat. 3466) for mining and mineral leasing on
certain lands withdrawn by that Act from all forms of ap-
propriation under the public land laws.
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SEC. 2907. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands with-
drawn and reserved by this subtitle shall be conducted in
accordance with section 2671 of title 10, United States
Code.
SEC. 2908. TERMINATION OF WITHDRAWAL AND RESERVA-
TION.
(a) TERMINATION DATE.—The withdrawal and res-
ervation made by this subtitle shall terminate 15 years
after the date of the enactment of this subtitle.
(b) DETERMINATION
OF
CONTINUING
MILITARY
NEED.—
(1) 
DETERMINATION
REQUIRED.—At 
least
three years before the termination under subsection
(a) of the withdrawal and reservation established by
this subtitle, the Secretary of the Army shall advise
the Secretary of the Interior as to whether or not
the Department of the Army will have a continuing
military need for any of the lands after the termi-
nation date.
(2) METHOD OF MAKING DETERMINATION.—If
the Secretary of the Army concludes under para-
graph (1) that there will be a continuing military
need for any of the lands after the termination date
established by subsection (a), the Secretary of the
Army, in accordance with applicable law, shall—
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(A) evaluate the environmental effects of
renewal of such withdrawal and reservation;
(B) hold at least one public hearing in Col-
orado concerning such evaluation; and
(C) file, after completing the requirements
of subparagraphs (A) and (B), an application
for extension of the withdrawal and reservation
of such lands in accordance with the regulations
and procedures of the Department of the Inte-
rior applicable to the extension of withdrawals
for military uses.
(3) NOTIFICATION.—The Secretary of the Inte-
rior shall notify the Congress concerning a filing
under paragraph (3)(C).
(c) EARLY RELINQUISHMENT OF WITHDRAWAL.—If
the Secretary of the Army concludes under subsection (b)
that before the termination date established by subsection
(a) there will be no military need for all or any part of
the lands withdrawn and reserved by this subtitle, or if,
during the period of withdrawal, the Secretary of the
Army otherwise decides to relinquish any or all of the
lands withdrawn and reserved under this subtitle, the Sec-
retary of the Army shall file with the Secretary of the Inte-
rior a notice of intention to relinquish such lands.
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(d) ACCEPTANCE OF LANDS PROPOSED FOR RELIN-
QUISHMENT.—Notwithstanding any other provision of
law, the Secretary of the Interior, upon deciding that it
is in the public interest to accept jurisdiction over the
lands proposed for relinquishment, may revoke the with-
drawal and reservation established by this subtitle as it
applies to the lands proposed for relinquishment. Should
the decision be made to revoke the withdrawal and res-
ervation, the Secretary of the Interior shall publish in the
Federal Register an appropriate order which shall—
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdic-
tion over the lands by the Secretary of the Interior;
and
(3) state the date upon which the lands will be
opened to the operation of the public land laws, in-
cluding the mining laws if appropriate.
SEC. 2909. DETERMINATION OF PRESENCE OF CONTAMINA-
TION AND EFFECT OF CONTAMINATION.
(a) DETERMINATION OF PRESENCE OF CONTAMINA-
TION.—
(1) BEFORE
RELINQUISHMENT
NOTICE.—Be-
fore filing a relinquishment notice under section
2908(c), the Secretary of the Army shall prepare a
written determination as to whether and to what ex-
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tent the lands to be relinquished are contaminated
with explosive, toxic, or other hazardous materials. A
copy of the determination made by the Secretary of
the Army shall be supplied with the relinquishment
notice. Copies of both the relinquishment notice and
the determination under this subsection shall be
published in the Federal Register by the Secretary
of the Interior.
(2) UPON TERMINATION OF WITHDRAWAL.—At
the expiration of the withdrawal period made by this
Act, the Secretary of the Interior shall determine
whether and to what extent the lands withdrawn by
this subtitle are contaminated to an extent which
prevents opening such contaminated lands to oper-
ation of the public land laws.
(b) PROGRAM OF DECONTAMINATION.—
(1) IN GENERAL.—Throughout the duration of
the withdrawal and reservation made by this sub-
title, the Secretary of the Army, to the extent funds
are made available, shall maintain a program of de-
contamination of the lands withdrawn by this sub-
title at least at the level of effort carried out during
fiscal year 1992.
(2) DECONTAMINATION OF LANDS TO BE RE-
LINQUISHED.—In the case of lands subject to a re-
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linquishment notice under section 2908(c) that are
contaminated, the Secretary of the Army shall de-
contaminate the land to the extent that funds are
appropriated for such purpose if the Secretary of the
Interior, in consultation with the Secretary of the
Army, determines that—
(A) decontamination of the lands is prac-
ticable and economically feasible, taking into
consideration the potential future use and value
of the land; and
(B) upon decontamination, the land could
be opened to the operation of some or all of the
public land laws, including the mining laws.
(c) AUTHORITY OF SECRETARY OF THE INTERIOR TO
REFUSE CONTAMINATED LANDS.—The Secretary of the
Interior shall not be required to accept lands proposed for
relinquishment if the Secretary of the Army and the Sec-
retary of the Interior conclude that—
(1) decontamination of any or all of the lands
proposed for relinquishment is not practicable or
economically feasible;
(2) the lands cannot be decontaminated suffi-
ciently to allow them to be opened to the operation
of the public land laws; or
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(3) insufficient funds are appropriated for the
purpose of decontaminating the lands.
(d) EFFECT OF CONTINUED CONTAMINATION.—If
the Secretary of the Interior declines under subsection (c)
to accept jurisdiction of lands proposed for relinquishment
or if the Secretary of the Interior determines under sub-
section (a)(2) that some of the lands withdrawn by this
subtitle are contaminated to an extent that prevents open-
ing the contaminated lands to operation of the public land
laws—
(1) the Secretary of the Army shall take appro-
priate steps to warn the public of the contaminated
state of such lands and any risks associated with
entry onto such lands;
(2) after the expiration of the withdrawal, the
Secretary of the Army shall undertake no activities
on such lands except in connection with decon-
tamination of such lands; and
(3) the Secretary of the Army shall report to
the Secretary of the Interior and to the Congress
concerning the status of such lands and all actions
taken under paragraphs (1) and (2).
(e) EFFECT OF SUBSEQUENT DECONTAMINATION.—
If the lands described in subsection (d) are subsequently
decontaminated, upon certification by the Secretary of the
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Army that the lands are safe for all nonmilitary uses, the
Secretary of the Interior shall reconsider accepting juris-
diction over the lands.
(f) EFFECT ON OTHER LAWS.—Nothing in this sub-
title shall affect, or be construed to affect, the obligations
of the Secretary of the Army, if any, to decontaminate
lands withdrawn by this subtitle pursuant to applicable
law, including the Comprehensive Environmental Re-
sponse Compensation 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.).
SEC. 2910. DELEGATION.
The functions of the Secretary of the Army under
this subtitle may be delegated. The functions of the Sec-
retary of the Interior under this subtitle may be delegated,
except that the order referred to in section 2908(d) may
be approved and signed only by the Secretary of the Inte-
rior, the Deputy Secretary of the Interior, or an Assistant
Secretary of the Department of the Interior.
SEC. 2911. HOLD HARMLESS.
Any party conducting any mining, mineral, or geo-
thermal leasing activity on lands comprising the Fort Car-
son Reservation or Pinon Canyon Maneuver Site shall in-
demnify the United States against any costs, fees, dam-
ages, or other liabilities (including costs of litigation) in-
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curred by the United States and arising from or relating
to such mining activities, including costs of mineral mate-
rials disposal, whether arising under the Comprehensive
Environmental Response Compensation and Liability Act
of 1980, the Solid Waste Disposal Act, or otherwise.
SEC. 2912. AMENDMENT TO MILITARY LANDS WITHDRAWAL
ACT OF 1986.
(a) USE OF CERTAIN RESOURCES.—Section 3(f) of
the Military Lands Withdrawal Act of 1986 (Public Law
99–606; 100 Stat. 3461) is amended by adding at the end
the following new paragraph:
‘‘(2) Subject to valid existing rights, the Secretary
of the military department concerned may utilize sand,
gravel, or similar mineral or material resources when the
use of such resources is required for construction needs
on the respective lands withdrawn by this Act.’’.
(b) TECHNICAL CORRECTION.—Section 9(b) of the
Military Lands Withdrawal Act of 1986 (Public Law 99–
606; 100 Stat. 3466) is amended by striking ‘‘section
7(f)’’ and inserting in lieu thereof ‘‘section 8(f)’’.
SEC. 2913. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such
sums as may be necessary to carry out the purposes of
this subtitle.
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Subtitle B—El Centro Naval Air
Facility Ranges Withdrawal
SEC. 2921. SHORT TITLE AND DEFINITIONS.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘El Centro Naval Air Facility Ranges Withdrawal Act’’.
(b) DEFINITIONS.—In this subtitle:
(1) The term ‘‘El Centro’’ means the Naval Air
Facility, El Centro, California.
(2) The term ‘‘cooperative agreement’’ means
the cooperative agreement entered into between the
Bureau of Land Management, the Bureau of Rec-
lamation, and the Department of the Navy, dated
June 29, 1987, with regard to the defense-related
uses of Federal lands to further the mission of El
Centro.
(3) The term ‘‘relinquishment notice’’ means a
notice of intention by the Secretary of the Navy
under section 2928(a) to relinquish, before the ter-
mination date specified in section 2925, the with-
drawal and reservation of certain lands withdrawn
under this subtitle.
SEC. 2922. WITHDRAWAL AND RESERVATION OF LANDS FOR
EL CENTRO.
(a) WITHDRAWALS.—Subject to valid existing rights,
and except as otherwise provided in this subtitle, the Fed-
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eral lands utilized in the mission of the Naval Air Facility,
El Centro, California, that are described in subsection (c)
are hereby withdrawn from all forms of appropriation
under the public land laws, including the mining laws, but
not the mineral leasing or geothermal leasing laws or the
mineral materials sales laws.
(b) RESERVATION.—The lands withdrawn under sub-
section (a) are reserved for the use by the Secretary of
the Navy—
(1) for defense-related purposes in accordance
with the cooperative agreement; and
(2) subject to notice to the Secretary of the In-
terior under section 2924(e), for other defense-relat-
ed purposes determined by the Secretary of the
Navy.
(c) DESCRIPTION
OF WITHDRAWN LANDS.—The
lands withdrawn and reserved under subsection (a) are—
(1) the Federal lands comprising approximately
46,600 acres in Imperial County, California, as gen-
erally depicted in part on a map entitled ‘‘Exhibit A,
Naval Air Facility, El Centro, California, Land Ac-
quisition Map, Range 2510 (West Mesa)’’ and dated
March 1993 and in part on a map entitled ‘‘Exhibit
B, Naval Air Facility, El Centro, California, Land
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Acquisition Map Range 2512 (East Mesa)’’ and
dated March 1993; and
(2) and all other areas within the boundaries of
such lands as depicted on such maps that may be-
come subject to the operation of the public land
laws.
SEC. 2923. MAPS AND LEGAL DESCRIPTIONS.
(a) PUBLICATION AND FILING REQUIREMENTS.—As
soon as practicable after the date of the enactment of this
subtitle, the Secretary of the Interior shall—
(1) publish in the Federal Register a notice
containing the legal description of the lands with-
drawn and reserved under this subtitle; and
(2) file maps and the legal description of the
lands withdrawn and reserved under this subtitle
with the Committee on Energy and Natural Re-
sources of the Senate and with the Committee on
Resources of the House of Representatives.
(b) LEGAL EFFECT.—The maps and legal description
prepared under subsection (a) shall have the same force
and effect as if they were included in this subtitle, except
that the Secretary of the Interior may correct clerical and
typographical errors in the maps and legal description.
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(c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies
of the maps and legal description prepared under sub-
section (a) shall be available for public inspection in—
(1) the Office of the State Director, California
State Office of the Bureau of Land Management,
Sacramento, California;
(2) the Office of the District Manager, Califor-
nia Desert District of the Bureau of Land Manage-
ment, Riverside, California; and
(3) the Office of the Commanding Officer, Ma-
rine Corps Air Station, Yuma, Arizona.
(d) REIMBURSEMENT.—The Secretary of Navy shall
reimburse the Secretary of the Interior for the cost of im-
plementing this section.
SEC. 2924. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT CONSISTENT WITH COOPERATIVE
AGREEMENT.—The lands and resources shall be managed
in accordance with the cooperative agreement, revised as
necessary to conform to the provisions of this subtitle. The
parties to the cooperative agreement shall review the coop-
erative agreement for conformance with this subtitle and
amend the cooperative agreement, if appropriate, within
120 days after the date of the enactment of this subtitle.
The term of the cooperative agreement shall be amended
so that its duration is at least equal to the duration of
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the withdrawal made by section 2925. The cooperative
agreement may be reviewed and amended by the managing
agencies as necessary.
(b) MANAGEMENT BY SECRETARY OF THE INTE-
RIOR.—
(1) GENERAL MANAGEMENT AUTHORITY.—Dur-
ing the period of withdrawal, the Secretary of the
Interior shall manage the lands withdrawn and re-
served under this subtitle pursuant to the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and other applicable laws, in-
cluding this subtitle.
(2) SPECIFIC
AUTHORITIES.—To the extent
consistent with applicable laws, Executive orders,
and the cooperative agreement, the lands withdrawn
and reserved under this subtitle may be managed in
a manner permitting—
(A) protection of wildlife and wildlife habi-
tat;
(B) control of predatory and other ani-
mals;
(C) the prevention and appropriate sup-
pression of brush and range fires resulting from
nonmilitary activities; and
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(D) geothermal leasing and development
and related power production, mineral leasing
and development, and mineral material sales.
(3) EFFECT OF WITHDRAWAL.—The Secretary
of the Interior shall manage the lands withdrawn
and reserved under this subtitle, in coordination
with the Secretary of the Navy, such that all non-
military use of such lands, including the uses de-
scribed in paragraph (2), shall be subject to such
conditions and restrictions as may be necessary to
permit the military use of such lands for the pur-
poses specified in the cooperative agreement or au-
thorized pursuant to this subtitle.
(c) CERTAIN ACTIVITIES SUBJECT TO CONCURRENCE
OF NAVY.—The Secretary of the Interior may issue a
lease, easement, right-of-way, or other authorization with
respect to the nonmilitary use of the withdrawn lands only
with the concurrence of the Secretary of the Navy and
under the terms of the cooperative agreement.
(d) ACCESS RESTRICTIONS.—If the Secretary of the
Navy determines that military operations, public safety,
or national security require the closure to public use of
any road, trail, or other portion of the lands withdrawn
under this subtitle, the Secretary may take such action
as the Secretary determines necessary or desirable to ef-
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fect and maintain such closure. Any such closure shall be
limited to the minimum areas and periods which the Sec-
retary of the Navy determines are required to carry out
this subsection. Before and during any closure under this
subsection, the Secretary of the Navy shall keep appro-
priate warning notices posted and take appropriate steps
to notify the public concerning such closures.
(e) ADDITIONAL MILITARY USES.—Lands withdrawn
under this subtitle may be used for defense-related uses
other than those specified in the cooperative agreement.
The Secretary of the Navy shall promptly notify the Sec-
retary of the Interior in the event that the lands with-
drawn under this subtitle will be used for additional de-
fense-related purposes. Such notification shall indicate the
additional use or uses involved, the proposed duration of
such uses, and the extent to which such additional military
uses of the withdrawn lands will require that additional
or more stringent conditions or restrictions be imposed on
otherwise-permitted nonmilitary uses of all or any portion
of the withdrawn lands.
SEC. 2925. DURATION OF WITHDRAWAL AND RESERVATION.
The withdrawal and reservation made under this sub-
title shall terminate 25 years after the date of the enact-
ment of this subtitle.
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SEC. 2926. CONTINUATION OF ONGOING DECONTAMINA-
TION ACTIVITIES.
Throughout the duration of the withdrawal and res-
ervation made under this subtitle, and subject to the avail-
ability of funds, the Secretary of the Navy shall maintain
a program of decontamination of the lands withdrawn
under this subtitle at least at the level of decontamination
activities performed on such lands in fiscal year 1995.
Such activities shall be subject to applicable laws, such
as the amendments made by the Federal Facility Compli-
ance Act of 1992 (Public Law 102–386; 106 Stat. 1505)
and the Defense Environmental Restoration Program es-
tablished under section 2701 of title 10, United States
Code.
SEC. 2927. REQUIREMENTS FOR EXTENSION.
(a) NOTICE OF CONTINUED MILITARY NEED.—Not
later than five years before the termination date specified
in section 2925, the Secretary of the Navy shall advise
the Secretary of the Interior as to whether or not the Navy
will have a continuing military need for any or all of the
lands withdrawn and reserved under this subtitle after the
termination date.
(b) APPLICATION FOR EXTENSION.—If the Secretary
of the Navy determines that there will be a continuing
military need for any or all of the withdrawn lands after
the termination date specified in section 2925, the Sec-
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retary of the Navy shall file an application for extension
of the withdrawal and reservation of the lands in accord-
ance with the then existing regulations and procedures of
the Department of the Interior applicable to extension of
withdrawal of lands for military purposes and that are
consistent with this subtitle. Such application shall be filed
with the Department of the Interior not later than four
years before the termination date.
(c) EXTENSION PROCESS.—The withdrawal and res-
ervation established by this subtitle may not be extended
except by an Act or Joint Resolution of Congress.
SEC. 2928. EARLY RELINQUISHMENT OF WITHDRAWAL.
(a) FILING OF RELINQUISHMENT NOTICE.—If, dur-
ing the period of withdrawal and reservation specified in
section 2925, the Secretary of the Navy decides to relin-
quish all or any portion of the lands withdrawn and re-
served under this subtitle, the Secretary of the Navy shall
file a notice of intention to relinquish with the Secretary
of the Interior.
(b) DETERMINATION OF PRESENCE OF CONTAMINA-
TION.—Before transmitting a relinquishment notice under
subsection (a), the Secretary of the Navy, in consultation
with the Secretary of the Interior, shall prepare a written
determination concerning whether and to what extent the
lands to be relinquished are contaminated with explosive,
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toxic, or other hazardous wastes and substances. A copy
of such determination shall be transmitted with the relin-
quishment notice.
(c) DECONTAMINATION AND REMEDIATION.—In the
case of contaminated lands which are the subject of a re-
linquishment notice, the Secretary of the Navy shall de-
contaminate or remediate the land to the extent that funds
are appropriated for such purpose if the Secretary of the
Interior, in consultation with the Secretary of the Navy,
determines that—
(1) decontamination or remediation of the lands
is practicable and economically feasible, taking into
consideration the potential future use and value of
the land; and
(2) upon decontamination or remediation, the
land could be opened to the operation of some or all
of the public land laws, including the mining laws.
(d) DECONTAMINATION AND REMEDIATION ACTIVI-
TIES SUBJECT TO OTHER LAWS.—The activities of the
Secretary of the Navy under subsection (c) are subject to
applicable laws and regulations, including the Defense En-
vironmental Restoration Program established under sec-
tion 2701 of title 10, United States Code, the Comprehen-
sive Environmental Response Compensation and Liability
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Act of 1980 (42 U.S.C. 9601 et seq.), and the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
(e) AUTHORITY OF SECRETARY OF THE INTERIOR TO
REFUSE CONTAMINATED LANDS.—The Secretary of the
Interior shall not be required to accept lands specified in
a relinquishment notice if the Secretary of the Interior,
after consultation with the Secretary of the Navy, con-
cludes that—
(1) decontamination or remediation of any land
subject to the relinquishment notice is not prac-
ticable or economically feasible;
(2) the land cannot be decontaminated or reme-
diated sufficiently to be opened to operation of some
or all of the public land laws; or
(3) a sufficient amount of funds are not appro-
priated for the decontamination of the land.
(f) STATUS OF CONTAMINATED LANDS.—If, because
of the condition of the lands, the Secretary of the Interior
declines to accept jurisdiction of lands proposed for relin-
quishment or, if at the expiration of the withdrawal made
under this subtitle, the Secretary of the Interior deter-
mines that some of the lands withdrawn under this sub-
title are contaminated to an extent which prevents opening
such contaminated lands to operation of the public land
laws—
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(1) the Secretary of the Navy shall take appro-
priate steps to warn the public of the contaminated
state of such lands and any risks associated with
entry onto such lands;
(2) after the expiration of the withdrawal, the
Secretary of the Navy shall retain jurisdiction over
the withdrawn lands, but shall undertake no activi-
ties on such lands except in connection with the de-
contamination or remediation of such lands; and
(3) the Secretary of the Navy shall report to
the Secretary of the Interior and to the Congress
concerning the status of such lands and all actions
taken under paragraphs (1) and (2).
(g) SUBSEQUENT DECONTAMINATION OR REMEDI-
ATION.—If lands covered by subsection (f) are subse-
quently decontaminated or remediated and the Secretary
of the Navy certifies that the lands are safe for non-
military uses, the Secretary of the Interior shall reconsider
accepting jurisdiction over the lands.
(h) REVOCATION AUTHORITY.—Notwithstanding any
other provision of law, upon deciding that it is in the pub-
lic interest to accept jurisdiction over lands specified in
a relinquishment notice, the Secretary of the Interior may
revoke the withdrawal and reservation made under this
subtitle as it applies to such lands. If the decision be made
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to accept the relinquishment and to revoke the withdrawal
and reservation, the Secretary of the Interior shall publish
in the Federal Register an appropriate order which shall—
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdic-
tion over the lands by the Secretary of the Interior;
and
(3) state the date upon which the lands will be
opened to the operation of the public land laws, in-
cluding the mining laws, if appropriate.
SEC. 2929. DELEGATION OF AUTHORITY.
(a) DEPARTMENT OF THE NAVY.—The functions of
the Secretary of the Navy under this subtitle may be dele-
gated.
(b) DEPARTMENT OF INTERIOR.—The functions of
the Secretary of the Interior under this subtitle may be
delegated, except that an order described in section
2928(h) may be approved and signed only by the Sec-
retary of the Interior, the Deputy Secretary of the Inte-
rior, or an Assistant Secretary of the Department of the
Interior.
SEC. 2930. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands with-
drawn under this subtitle shall be conducted in accordance
with section 2671 of title 10, United States Code.
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SEC. 2931. HOLD HARMLESS.
Any party conducting any mining, mineral, or geo-
thermal leasing activity on lands withdrawn and reserved
under this subtitle shall indemnify the United States
against any costs, fees, damages, or other liabilities (in-
cluding costs of litigation) incurred by the United States
and arising from or relating to such mining activities, in-
cluding costs of mineral materials disposal, whether aris-
ing under the Comprehensive Environmental Response
Compensation and Liability Act of 1980, the Solid Waste
Disposal Act, or otherwise.
DIVISION C—DEPARTMENT OF
ENERGY NATIONAL
SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS
TITLE 
XXXI—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security
Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) STOCKPILE STEWARDSHIP.—Funds are hereby
authorized to be appropriated to the Department of En-
ergy for fiscal year 1997 for stockpile stewardship in car-
rying out weapons activities necessary for national secu-
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rity programs in the amount of $1,676,767,000, to be allo-
cated as follows:
(1) 
For 
core 
stockpile 
stewardship,
$1,250,907,000 for fiscal year 1997, to be allocated
as follows:
(A) 
For 
operation 
and 
maintenance,
$1,162,570,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$88,337,000, to be allocated as follows:
Project 96–D–102, stockpile steward-
ship facilities revitalization, Phase VI, var-
ious locations, $19,250,000.
Project 96–D–103, ATLAS, Los Ala-
mos National Laboratory, Los Alamos,
New Mexico, $15,100,000.
Project 96–D–104, processing and en-
vironmental 
technology 
laboratory
(PETL), Sandia National Laboratories,
Albuquerque, New Mexico, $14,100,000.
Project 96–D–105, contained firing
facility addition, Lawrence Livermore Na-
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tional Laboratory, Livermore, California,
$17,100,000.
Project 
95–D–102, 
Chemical 
and
Metallurgy Research Building upgrades
project, Los Alamos National Laboratory,
Los Alamos, New Mexico, $15,000,000.
Project 94–D–102, nuclear weapons
research, development, and testing facili-
ties revitalization, Phase V, various loca-
tions, $7,787,000.
(2) For inertial fusion, $366,460,000, to be al-
located as follows:
(A) 
For 
operation 
and 
maintenance,
$234,560,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$131,900,000 to be allocated as follows:
Project 96–D–111, national ignition
facility, TBD, $131,900,000.
(3) For technology transfer and education,
$59,400,000.
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(b) STOCKPILE MANAGEMENT.—Funds are hereby
authorized to be appropriated to the Department of En-
ergy for fiscal year 1997 for stockpile management in car-
rying out weapons activities necessary for national secu-
rity programs in the amount of $1,923,831,000, to be allo-
cated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,829,470,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
tion related thereto), $94,361,000, to be allocated as
follows:
Project 97–D–121, consolidation pit pack-
aging system, Pantex Plant, Amarillo, Texas,
$870,000.
Project 97–D–122, nuclear materials stor-
age facility renovation, LANL, Los Alamos,
New Mexico, $4,000,000.
Project 97–D–123, structural upgrades,
Kansas City Plant, Kansas City, Missouri,
$1,400,000.
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Project 97–D–124, steam plant wastewater
treatment facility upgrade, Y–12 plant, Oak
Ridge, Tennessee, $600,000.
Project 96–D–122, sewage treatment qual-
ity upgrade (STQU), Pantex Plant, Amarillo,
Texas, $100,000.
Project 96–D–123, retrofit HVAC and
chillers for ozone protection, Y–12 Plant, Oak
Ridge, Tennessee, $7,000,000.
Project 96–D–125, Washington measure-
ments operations facility, Andrews Air Force
Base, Camp Springs, Maryland, $3,825,000.
Project 95–D–122, sanitary sewer up-
grade, Y–12 Plant, Oak Ridge, Tennessee,
$10,900,000.
Project 94–D–124, hydrogen fluoride sup-
ply system, Y–12 Plant, Oak Ridge, Tennessee,
$4,900,000.
Project 94–D–125, upgrade life safety,
Kansas City Plant, Kansas City, Missouri,
$5,200,000.
Project 94–D–127, emergency notification
system, 
Pantex 
Plant, 
Amarillo, 
Texas,
$2,200,000.
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Project 93–D–122, life safety upgrades,
Y–12 
Plant, 
Oak 
Ridge, 
Tennessee,
$7,200,000.
Project 93–D–123, complex-21, various lo-
cations, $14,487,000.
Project 88–D–122, facilities capability as-
surance 
program, 
various 
locations,
$21,940,000.
Project 88–D–123, security enhancement,
Pantex Plant, Amarillo, Texas, $9,739,000.
(c) PROGRAM DIRECTION.—Funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1997 for program direction in carrying out
weapons activities necessary for national security pro-
grams in the amount of $334,404,000.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) ENVIRONMENTAL
RESTORATION.—Subject to
subsection (i), funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1997
for environmental restoration in carrying out environ-
mental restoration and waste management activities nec-
essary for national security programs in the amount of
$1,812,194,000, of which $376,648,000 shall be allocated
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to the uranium enrichment decontamination and decom-
missioning fund.
(b) WASTE MANAGEMENT.—Subject to subsection
(i), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for waste man-
agement in carrying out environmental restoration and
waste management activities necessary for national secu-
rity programs in the amount of $1,536,653,000, to be allo-
cated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,448,326,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
tion related thereto), $88,327,000, to be allocated as
follows:
Project 97–D–402, tank farm restoration
and safe operations, Richland, Washington,
$7,584,000.
Project 96–D–408, waste management up-
grades, various locations, $11,246,000.
Project 95–D–402, install permanent elec-
trical service for the Waste Isolation Pilot
Plant, Carlsbad, New Mexico, $752,000.
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Project 95–D–405, industrial landfill V
and construction/demolition landfill VII, Y–12
Plant, Oak Ridge, Tennessee, $200,000.
Project 94–D–404, Melton Valley storage
tank capacity increase, Oak Ridge National
Laboratory, Oak Ridge, Tennessee, $6,345,000.
Project 94–D–407, initial tank retrieval
systems, Richland, Washington, $12,600,000.
Project 93–D–182, replacement of cross-
site transfer system, Richland, Washington,
$8,100,000.
Project 93–D–187, high-level waste re-
moval from filled waste tanks, Savannah River
Site, Aiken, South Carolina, $20,000,000.
Project 89–D–174, replacement high-level
waste evaporator, Savannah River Site, Aiken,
South Carolina, $11,500,000.
Project 86–D–103, decontamination and
waste treatment facility, Lawrence Livermore
National Laboratory, Livermore, California,
$10,000,000.
(c) NUCLEAR MATERIALS
AND FACILITIES STA-
BILIZATION.—Subject to subsection (i), funds are hereby
authorized to be appropriated to the Department of En-
ergy for fiscal year 1997 for nuclear materials and facili-
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ties stabilization in carrying out environmental restoration
and waste management activities necessary for national
security programs in the amount of $1,269,290,000 to be
allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,151,718,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
tion related thereto), $117,572,000, to be allocated
as follows:
Project 97–D–450, Actinide packaging and
storage facility, Savannah River Site, Aiken,
South Carolina, $7,900,000.
Project 97–D–451, B-Plant safety class
ventilation upgrades, Richland, Washington,
$1,500,000.
Project 97–D–470, environmental monitor-
ing laboratory, Savannah River, Aiken, South
Carolina, $2,500,000.
Project 97–D–473, health physics site sup-
port facility, Savannah River, Aiken, South
Carolina, $2,000,000.
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Project 96–D–406, spent nuclear fuels
canister storage and stabilization facility, Rich-
land, Washington, $60,672,000.
Project 96–D–461, electrical distribution
upgrade, Idaho National Engineering Labora-
tory, Idaho, $6,790,000.
Project 96–D–464, electrical and utility
systems upgrade, Idaho Chemical Processing
Plant, Idaho National Engineering Laboratory,
Idaho, $10,440,000.
Project 96–D–471, CFC HVAC/chiller ret-
rofit, Savannah River Site, Aiken, South Caro-
lina, $8,541,000.
Project 95–E–600, hazardous materials
management and emergency response training
center, Richland, Washington, $7,900,000.
Project 95–D–155, upgrade site road in-
frastructure, Savannah River, South Carolina,
$4,137,000.
Project 95–D–456, security facilities con-
solidation, Idaho Chemical Processing Plant,
Idaho National Engineering Laboratory, Idaho,
$4,645,000.
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SEC. 3104. OTHER DEFENSE ACTIVITIES.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal
year 1997 for other defense activities in carrying out pro-
grams necessary for national security in the amount of
$1,487,800,000, to be allocated as follows:
(1) For verification and control technology,
$399,648,000, to be allocated as follows:
(A) For nonproliferation and verification
research and development, $194,919,000.
(B) For arms control, $169,544,000.
(C) For intelligence, $35,185,000.
(2) For nuclear safeguards and security,
$47,208,000.
(3) For security investigations, $22,000,000.
(4) For emergency management, $16,794,000.
(5) For program direction, nonproliferation,
and national security, $95,622,000.
(6) For environment, safety, and health, de-
fense, $63,800,000.
(7) For worker and community transition as-
sistance, $67,000,000.
(8) 
For 
fissile 
materials 
disposition,
$93,796,000, to be allocated as follows:
(A) For operations and maintenance,
$76,796,000.
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(B) For the following plant project (includ-
ing maintenance, restoration, planning, con-
struction, acquisition, modification of facilities,
and the continuation of projects authorized in
prior years, and land acquisition related there-
to):
Project 97–D–140, consolidated spe-
cial nuclear materials storage facility, site
to be determined, $17,000,000.
(9) For nuclear security/Russian production re-
actor shutdown, $6,000,000.
(10) 
For 
naval 
reactors 
development,
$681,932,000, to be allocated as follows:
(A) For operation and infrastructure,
$649,330,000.
(B) For program direction, $18,902,000.
(C) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$13,700,000, to be allocated as follows:
Project 97–D–201, advanced test re-
actor secondary coolant refurbishment,
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Idaho National Engineering Laboratory,
Idaho, $400,000.
Project 95–D–200, laboratory systems
and hot cell upgrades, various locations,
$4,800,000.
Project 95–D–201, advanced test re-
actor radioactive waste system upgrades,
Idaho National Engineering Laboratory,
Idaho, $500,000.
Project 90–N–102, expended core fa-
cility dry cell project, Naval Reactors facil-
ity, Idaho, $8,000,000.
(b) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to this section is the sum of the
amounts specified in subsection (a) reduced by $6,000,000
for use of prior year balances.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1997 for pay-
ment to the Nuclear Waste Fund established in section
302(c) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(c)) in the amount of $200,000,000.
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Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy
submits to the congressional defense committees the re-
port referred to in subsection (b) and a period of 30 days
has elapsed after the date on which such committees re-
ceive the report, the Secretary may not use amounts ap-
propriated pursuant to this title for any program—
(1) in amounts that exceed, in a fiscal year—
(A) 110 percent of the amount authorized
for that program by this title; or
(B) $1,000,000 more than the amount au-
thorized for that program by this title; or
(2) which has not been presented to, or re-
quested of, Congress.
(b) REPORT.—(1) The report referred to in sub-
section (a) is a report containing a full and complete state-
ment of the action proposed to be taken and the facts and
circumstances relied upon in support of such proposed ac-
tion.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
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(c) LIMITATIONS.—(1) In no event may the total
amount of funds obligated pursuant to this title exceed
the total amount authorized to be appropriated by this
title.
(2) Funds appropriated pursuant to this title may not
be used for an item for which Congress has specifically
denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL.—The Secretary of Energy may
carry out any construction project under the general plant
projects authorized by this title if the total estimated cost
of the construction project does not exceed $2,000,000.
(b) REPORT TO CONGRESS.—If, at any time during
the construction of any general plant project authorized
by this title, the estimated cost of the project is revised
because of unforeseen cost variations and the revised cost
of the project exceeds $2,000,000, the Secretary shall im-
mediately furnish a complete report to the congressional
defense committees explaining the reasons for the cost
variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in para-
graph (2), construction on a construction project may not
be started or additional obligations incurred in connection
with the project above the total estimated cost, whenever
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the current estimated cost of the construction project,
which is authorized by section 3101, 3102, or 3103, or
which is in support of national security programs of the
Department of Energy and was authorized by any pre-
vious Act, exceeds by more than 25 percent the higher
of—
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for
the project as shown in the most recent budget jus-
tification data submitted to Congress.
(2) An action described in paragraph (1) may be
taken if—
(A) the Secretary of Energy has submitted to
the congressional defense committees a report on the
actions and the circumstances making such action
necessary; and
(B) a period of 30 days has elapsed after the
date on which the report is received by the commit-
tees.
(3) In the computation of the 30-day period under
paragraph (2), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
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(b) EXCEPTION.—Subsection (a) shall not apply to
any construction project which has a current estimated
cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—
The Secretary of Energy may transfer funds authorized
to be appropriated to the Department of Energy pursuant
to this title to other Federal agencies for the performance
of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the
same purposes and for the same period as the authoriza-
tions of the Federal agency to which the amounts are
transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY;
LIMITATIONS.—(1) Subject to paragraph (2), the Sec-
retary of Energy may transfer funds authorized to be ap-
propriated to the Department of Energy pursuant to this
title between any such authorizations. Amounts of author-
izations so transferred may be merged with and be avail-
able for the same purposes and for the same period as
the authorization to which the amounts are transferred.
(2) Not more than five percent of any such authoriza-
tion may be transferred between authorizations under
paragraph (1). No such authorization may be increased
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or decreased by more than five percent by a transfer under
such paragraph.
(3) The authority provided by this section to transfer
authorizations—
(A) may only be used to provide funds for items
relating to weapons activities necessary for national
security programs that have a higher priority than
the items from which the funds are transferred; and
(B) may not be used to provide authority for an
item that has been denied funds by Congress.
(c) NOTICE TO CONGRESS.—The Secretary of Energy
shall promptly notify the Committee on Armed Services
of the Senate and the Committee on National Security of
the House of Representatives of any transfer of funds to
or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
graph (3), before submitting to Congress a request for
funds for a construction project that is in support of a
national security program of the Department of Energy,
the Secretary of Energy shall complete a conceptual de-
sign for that project.
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(2) If the estimated cost of completing a conceptual
design for a construction project exceeds $3,000,000, the
Secretary shall submit to Congress a request for funds for
the conceptual design before submitting a request for
funds for the construction project.
(3) The requirement in paragraph (1) does not apply
to a request for funds—
(A) for a construction project the total esti-
mated cost of which is less than $2,000,000; or
(B) for emergency planning, design, and con-
struction activities under section 3126.
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)
Within the amounts authorized by this title, the Secretary
of Energy may carry out construction design (including
architectural and engineering services) in connection with
any proposed construction project if the total estimated
cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design
in connection with any construction project exceeds
$600,000, funds for such design must be specifically au-
thorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy pursuant
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to an authorization in this title, including those funds au-
thorized to be appropriated for advance planning and con-
struction design under sections 3101, 3102, and 3103, to
perform planning, design, and construction activities for
any Department of Energy national security program con-
struction project that, as determined by the Secretary,
must proceed expeditiously in order to protect public
health and safety, to meet the needs of national defense,
or to protect property.
(b) LIMITATION.—The Secretary may not exercise
the authority under subsection (a) in the case of any con-
struction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making such activities necessary.
(c) SPECIFIC AUTHORITY.—The requirement of sec-
tion 3125(b)(2) does not apply to emergency planning, de-
sign, and construction activities conducted under this sec-
tion.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriations Acts and
section 3121, amounts appropriated pursuant to this title
for management and support activities and for general
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plant projects are available for use, when necessary, in
connection with all national security programs of the De-
partment of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. STOCKPILE STEWARDSHIP PROGRAM.
(a) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Energy pursuant to section
3101, $100,000,000 shall be available to carry out the fol-
lowing activities within the stockpile stewardship program:
(1) $20,000,000 for enhanced surveillance in-
volving the nuclear production plants and the nu-
clear weapons design laboratories.
(2) $15,000,000 for a production capability as-
surance program for critical non-nuclear compo-
nents.
(3) $25,000,000 for an accelerated capability to
produce prototype war reserve-quality plutonium
pits.
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(4) $20,000,000 for dual revalidation of war-
heads in the nuclear weapons stockpile.
(5) $20,000,000 for the stockpile life extension
program.
(b) REPORT.—Not later than October 15, 1996, the
Secretary of Energy shall submit to the congressional de-
fense committees a report on the obligations the Secretary
has incurred, and plans to incur, during fiscal year 1997
for the stockpile stewardship program.
SEC. 3132. MANUFACTURING INFRASTRUCTURE FOR NU-
CLEAR WEAPONS STOCKPILE.
(a) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Energy pursuant to section
3101, $125,000,000 shall be available to carry out the
stockpile manufacturing infrastructure program.
(b) REQUIRED CAPABILITIES.—The manufacturing
infrastructure established under the program shall include
the capabilities listed in subsection (b) of section 3137 of
Public Law 104–106 (110 Stat. 620).
(c) REPORT.—Not later than October 15, 1996, the
Secretary of Energy shall submit to the congressional de-
fense committees a report on the obligations the Secretary
has incurred, and plans to incur, during fiscal year 1997
for the stockpile manufacturing infrastructure program.
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(d) STOCKPILE MANUFACTURING INFRASTRUCTURE
PROGRAM.—In this section, the term ‘‘stockpile manufac-
turing infrastructure program’’ means the program car-
ried out pursuant to section 3137 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 620).
SEC. 3133. PRODUCTION OF HIGH EXPLOSIVES.
The manufacture and fabrication of high explosives
and energetic materials for use as components in nuclear
weapons systems shall be carried out at the Pantex Plant,
Amarillo, Texas. No funds appropriated or otherwise made
available to the Department of Energy may be used to
move, or prepare to move, the manufacture and fabrica-
tion of high explosives and energetic materials for use as
components in nuclear weapons systems from the Pantex
Plant to any other site or facility of the Department of
Energy.
SEC. 3134. LIMITATION ON USE OF FUNDS BY LABORA-
TORIES 
FOR 
LABORATORY-DIRECTED 
RE-
SEARCH AND DEVELOPMENT.
(a) REDUCTION OF FUNDING.—Section 3132(c) of
Public Law 101–510 (104 Stat. 1832) is amended by
striking out ‘‘6 percent’’ and inserting in lieu thereof ‘‘2
percent’’.
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(b) LIMITATION.—None of the funds provided in a
fiscal year, beginning with fiscal year 1997, by the Sec-
retary of Energy to be used by laboratories for laboratory-
directed research and development pursuant to section
3132(c) of Public Law 101–510 (42 U.S.C. 7257a(c))
may be obligated or expended by such laboratories until
a period of 15 days has expired after the Secretary of En-
ergy submits to the congressional defense committees a
report setting forth in detail information about the man-
ner in which such funds are planned to be used during
that fiscal year. The report shall include a description and
justification of the planned uses of the funds.
SEC. 3135. PROHIBITION ON FUNDING NUCLEAR WEAPONS
ACTIVITIES WITH PEOPLE’S REPUBLIC OF
CHINA.
(a) FUNDING PROHIBITION.—Funds authorized to be
appropriated to, or otherwise available to, the Department
of Energy for fiscal year 1997 may not be obligated or
expended for any activity associated with the conduct of
cooperative programs relating to nuclear weapons or nu-
clear weapons technology, including stockpile stewardship,
safety, and use control, with the People’s Republic of
China.
(b) REPORT.—(1) The Secretary of Energy shall pre-
pare, in consultation with the Secretary of Defense, a re-
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port containing a description of all discussions and activi-
ties between the United States and the People’s Republic
of China regarding nuclear weapons matters that have oc-
curred before the date of the enactment of this Act and
that are planned to occur after such date. For each such
discussion or activity, the report shall include—
(A) the authority under which the discussion or
activity took or will take place;
(B) the subject of the discussion or activity;
(C) participants or likely participants;
(D) the source and amount of funds used or to
be used to pay for the discussion or activity; and
(E) a description of the actions taken or to be
taken to ensure that no classified or restricted data
were or will be revealed, and a determination of
whether classified or restricted data was revealed in
previous discussions.
(2) The report shall be submitted to the Committee
on Armed Services of the Senate and the Committee on
National Security of the House of Representatives not
later than October 15, 1996.
SEC. 
3136. 
INTERNATIONAL 
COOPERATIVE 
STOCKPILE
STEWARDSHIP PROGRAMS.
(a) FUNDING PROHIBITION.—Funds authorized to be
appropriated to, or otherwise available to, the Department
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of Energy for fiscal year 1997 may not be obligated or
expended to conduct any activities associated with inter-
national cooperative stockpile stewardship.
(b) EXCEPTION.—Subsection (a) does not apply with
respect to such activities conducted between the United
States and the United Kingdom, and between the United
States and France.
SEC. 3137. TEMPORARY AUTHORITY RELATING TO TRANS-
FERS OF DEFENSE ENVIRONMENTAL MAN-
AGEMENT FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of En-
ergy shall provide the manager of each field office of the
Department of Energy with the authority to transfer de-
fense environmental management funds from a program
or project under the jurisdiction of the office to another
such program or project. Any such transfer may be done
only one time in a fiscal year to or from each program
or project, and the amount transferred to or from the pro-
gram or project may not exceed $5,000,000 in a fiscal
year.
(b) DETERMINATION.—A transfer may not be carried
out by a manager of a field office pursuant to the author-
ity provided under subsection (a) unless the manager de-
termines that such transfer is necessary to address a risk
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to health, safety, or the environment or to assure the most
efficient use of defense environmental management funds
at that field office.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not
apply to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary of Energy, acting
through the Assistant Secretary of Energy for Environ-
mental Management, shall notify Congress of any transfer
of funds pursuant to subsection (a) not later than 30 days
after such a transfer occurs.
(e) LIMITATION.—Funds transferred pursuant to
subsection (a) may not be used for an item for which Con-
gress has specifically denied funds or for a new program
or project that has not been authorized by Congress.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘program or project’’ means, with
respect to a field office of the Department of En-
ergy, any of the following:
(A) A project listed in subsection (b) or (c)
of section 3102 being carried out by the office.
(B) A program referred to in subsection
(a), (b), (c), (e), (g), or (h) of section 3102
being carried out by the office.
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(C) A project or program not described in
subparagraph (A) or (B) that is for environ-
mental restoration or waste management activi-
ties necessary for national security programs of
the Department of Energy, that is being carried
out by the office, and for which defense envi-
ronmental management funds have been au-
thorized and appropriated before the date of the
enactment of this Act.
(2) The term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the De-
partment of Energy pursuant to an authorization for
carrying out environmental restoration and waste
management activities necessary for national secu-
rity programs.
(g) DURATION OF AUTHORITY.—The authority pro-
vided under subsection (a) to a manager of a field office
shall be in effect from the date of the enactment of this
Act to September 30, 1997.
SEC. 
3138. 
MANAGEMENT 
STRUCTURE 
FOR 
NUCLEAR
WEAPONS PRODUCTION FACILITIES AND NU-
CLEAR WEAPONS LABORATORIES.
(a) LIMITATION ON DELEGATION OF AUTHORITY.—
(1) The Secretary of Energy, in carrying out national se-
curity programs, may delegate specific management and
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planning authority over matters relating to site operation
of the facilities and laboratories covered by this section
only to the Assistant Secretary of Energy for Defense Pro-
grams. Such Assistant Secretary may redelegate such au-
thority only to managers of area offices of the Department
of Energy located at such facilities and laboratories.
(2) Nothing in this section may be construed as af-
fecting the delegation by the Secretary of Energy of au-
thority relating to reporting, management, and oversight
of matters relating to the Department of Energy gen-
erally, or safety, environment, and health at such facilities
and laboratories.
(b) REQUIREMENT TO CONSULT WITH AREA OF-
FICES.—The Assistant Secretary of Energy for Defense
Programs, in exercising any delegated authority to oversee
management of matters relating to site operation of a fa-
cility or laboratory, shall exercise such authority only after
direct consultation with the manager of the area office of
the Department of Energy located at the facility or labora-
tory.
(c) REQUIREMENT
FOR DIRECT COMMUNICATION
FROM AREA OFFICES.—The Secretary of Energy, acting
through the Assistant Secretary of Energy for Defense
Programs, shall require the head of each area office of
the Department of Energy located at each facility and lab-
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oratory covered by this section to report on matters relat-
ing to site operation other than those matters set forth
in subsection (a)(2) directly to the Assistant Secretary of
Energy for Defense Programs, without obtaining the ap-
proval or concurrence of any other official within the De-
partment of Energy.
(d) DEFENSE PROGRAMS REORGANIZATION PLAN
AND REPORT.—(1) The Secretary of Energy shall develop
a plan to reorganize the field activities and management
of the national security functions of the Department of
Energy.
(2) Not later than 120 days after the date of the en-
actment of this Act, the Secretary shall submit to Con-
gress a report on the plan developed under paragraph (1).
The report shall specifically identify all significant func-
tions performed by the operations offices relating to any
of the facilities and laboratories covered by this section
and which of those functions could be performed—
(A) by the area offices of the Department of
Energy located at the facilities and laboratories cov-
ered by this section; or
(B) by the Assistant Secretary of Energy for
Defense Programs.
(3) The report also shall address and make rec-
ommendations with respect to other internal streamlining
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and reorganization initiatives that the Department could
pursue with respect to military or national security pro-
grams.
(e) DEFENSE PROGRAMS MANAGEMENT COUNCIL.—
The Secretary of Energy shall establish a Defense Pro-
grams Management Council to advise the Secretary on
policy matters, operational concerns, strategic planning,
and development of priorities relating to the national secu-
rity functions of the Department of Energy. The Council
shall be composed of the directors of the facilities and lab-
oratories and shall report directly to the Assistant Sec-
retary of Energy for Defense Programs.
(f) COVERED SITE OPERATIONS.—For purposes of
this section, matters relating to site operation of a facility
or laboratory include matters relating to personnel, budg-
et, and procurement in national security programs.
(g) COVERED FACILITIES
AND LABORATORIES.—
This section applies to the following facilities and labora-
tories of the Department of Energy:
(1) The Kansas City Plant, Kansas City, Mis-
souri.
(2) The Pantex Plant, Amarillo, Texas.
(3) The Y–12 Plant, Oak Ridge, Tennessee.
(4) The Savannah River Site, Aiken, South
Carolina.
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(5) Los Alamos National Laboratory, Los Ala-
mos, New Mexico.
(6) Sandia National Laboratories, Albuquerque,
New Mexico.
(7) Lawrence Livermore National Laboratory,
Livermore, California.
(8) The Nevada Test Site, Nevada.
Subtitle D—Other Matters
SEC. 3141. REPORT ON NUCLEAR WEAPONS STOCKPILE
MEMORANDUM.
(a) SUBMISSION OF COPY OF MEMORANDUM.—Not
less than 15 days after the date of the enactment of this
Act, the President shall submit to the congressional de-
fense committees a copy of the Nuclear Weapons Stockpile
Memorandum approved by the President in April 1996.
(b) SUBMISSION OF COPY OF MEMORANDUM AND
REPORT.—Not less than 30 days after the President has
approved any update to the Nuclear Weapons Stockpile
Memorandum, the President shall submit to the congres-
sional defense committees a copy of that Memorandum,
together with a report describing the changes to the
Memorandum compared to the previous submission.
(c) FORM.—The submissions required by this section
shall be in classified and unclassified form.
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SEC. 3142. REPORT ON PLUTONIUM PIT PRODUCTION AND
REMANUFACTURING PLANS.
(a) REPORT REQUIREMENT.—The Secretary of En-
ergy shall submit to the congressional defense committees
a report on plans for achieving the capability to produce
and remanufacture plutonium pits. The report shall in-
clude a description of the baseline plan of the Department
of Energy for achieving such capability, including the fol-
lowing:
(1) The funding necessary, by fiscal year, to
achieve the capability.
(2) The schedule necessary to achieve the capa-
bility, including important technical and pro-
grammatic milestones.
(3) Siting, capacity for expansion, and other is-
sues included in the baseline plan.
(b) DEADLINE.—The report required by subsection
(a) shall be submitted not later than 60 days after the
date of the enactment of this Act.
SEC. 3143. AMENDMENTS RELATING TO BASELINE ENVI-
RONMENTAL MANAGEMENT REPORTS.
Section 3153 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160;107 Stat.
1950) is amended—
(1) in subsection (b)—
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(A) by striking out the first word in the
heading and inserting in lieu thereof ‘‘BIEN-
NIAL’’; and
(B) in paragraph (2)(B), by inserting be-
fore ‘‘year after 1995’’ the following: ‘‘odd-
numbered’’; and
(2) in subsection (d)—
(A) by striking out the first word in the
heading and inserting in lieu thereof ‘‘BIEN-
NIAL’’; and
(B) in paragraph (1)(B), by striking out
‘‘in each year thereafter’’ and inserting in lieu
thereof ‘‘in each odd-numbered year there-
after’’.
SEC. 3144. REQUIREMENT TO DEVELOP FUTURE USE PLANS
FOR ENVIRONMENTAL MANAGEMENT PRO-
GRAM.
(a) 
AUTHORITY
TO
DEVELOP
FUTURE
USE
PLANS.—The Secretary may develop future use plans for
any defense nuclear facility at which environmental res-
toration and waste management activities are occurring.
(b) REQUIREMENT
TO
DEVELOP
FUTURE
USE
PLANS.—The Secretary of Energy shall develop a future
use plan for each of the following defense nuclear facilities:
(1) Hanford Site, Richland, Washington.
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(2) Rocky Flats Plant, Golden, Colorado.
(3) Savannah River Site, Aiken, South Caro-
lina.
(4) Idaho National Engineering Laboratory,
Idaho.
(c) FUTURE USE ADVISORY BOARD.—(1) At a de-
fense nuclear facility where the Secretary of Energy in-
tends to develop a future use plan and no citizen advisory
board has been established, the Secretary shall establish
a future use advisory board.
(2) The Secretary may prescribe regulations regard-
ing the establishment, characteristics, composition, and
funding of future use advisory boards pursuant to this
subsection.
(3) The Secretary may authorize the manager of a
defense nuclear facility for which a future use plan is de-
veloped (or, if there is no such manager, an appropriate
official of the Department of Energy designated by the
Secretary) to pay routine administrative expenses of a fu-
ture use advisory board established for that site. Such
payments shall be made from funds available to the Sec-
retary for program direction in carrying out environmental
restoration and waste management activities necessary for
national security programs.
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(d) REQUIREMENT TO CONSULT WITH FUTURE USE
ADVISORY BOARD.—In developing a future use plan under
this section with respect to a defense nuclear facility, the
Secretary of Energy shall consult with a future use advi-
sory board established pursuant to subsection (c) or a
similar advisory board already in existence as of the date
of the enactment of this Act for such facility, affected local
governments (including any local future use redevelopment
authorities), and other appropriate State agencies.
(e) 50-YEAR PLANNING PERIOD.—A future use plan
developed under this section shall cover a period of at least
50 years.
(f) DEADLINES.—For each site listed in subsection
(b), the Secretary shall develop a draft plan by October
1, 1997, and a final plan by March 15, 1998.
(g) REPORT.—Not later than 60 days after complet-
ing development of a final plan for a site listed in sub-
section (b), the Secretary of Energy shall submit to Con-
gress a report on the plan. The report shall describe the
plan and contain such findings and recommendations with
respect to the site as the Secretary considers appropriate.
(h) SAVINGS PROVISIONS.—(1) Nothing in this sec-
tion or in a future use plan developed under this section
with respect to a defense nuclear facility shall be construed
as requiring any modification to a future use plan that
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was developed before the date of the enactment of this
Act.
(2) Nothing in this section may be construed to affect
statutory requirements for an environmental restoration
or waste management activity or project or to modify or
otherwise affect applicable statutory or regulatory environ-
mental restoration and waste management requirements,
including substantive standards intended to protect public
health and the environment, nor shall anything in this sec-
tion be construed to preempt or impair any local land use
planning or zoning authority or State authority.
SEC. 3145. WORKER HEALTH AND SAFETY IMPROVEMENTS
AT 
DEFENSE 
NUCLEAR 
COMPLEX,
MIAMISBURG, OHIO.
(a) WORKER HEALTH AND SAFETY ACTIVITIES.—
The Secretary of Energy shall carry out the following ac-
tivities at the defense nuclear complex at Miamisburg,
Ohio:
(1) Within 12 months after the date of the en-
actment of this Act, completion of the evaluation of
pre-1989 internal radiation dose assessments for
workers who may have received a dose greater than
20 rem.
(2) Installation of state-of-the-art automated
personnel contamination monitors at appropriate ra-
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diation control points and facility exits, and pur-
chase and installation of an automated personnel ac-
cess control system.
(3) Upgrading of the radiological records soft-
ware and integration with a radiation work permit
system.
(4) Implementation of a program that will char-
acterize the radiological conditions of the site and
facilities prior to decontamination so that radiologi-
cal hazards are clearly identified and results of the
characterization validated.
(5) Review and improvement of the evaluation
of continuous air monitoring and implementation of
a personal air sampling program within 60 days
after the date of the enactment of this Act.
(6) Upgrading of bioassay analytical procedures
to ensure that contract laboratories are properly se-
lected and independently validated by the Depart-
ment of Energy and that quality control is assured.
(7) Implementation of bioassay and internal
dose calculation methods that are specific to the ra-
diological hazards identified at the site.
(b) FUNDING.—Of the funds authorized in section
3102(e), $5,000,000 shall be available to the Secretary of
Energy to perform the activities required by subsection (a)
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and such other activities to improve worker health and
safety at the defense nuclear complex at Miamisburg,
Ohio, as the Secretary considers appropriate.
(c) SAVINGS PROVISION.—Nothing in this section
shall be construed as affecting applicable statutory or reg-
ulatory requirements relating to worker health and safety.
Subtitle E—Defense Nuclear Envi-
ronmental Cleanup and Man-
agement
SEC. 3151. PURPOSE.
The purpose of this subtitle is to provide for the expe-
dited environmental restoration and waste management of
Department of Energy defense nuclear facilities through
the use of cost-effective management mechanisms and in-
novative technologies.
SEC. 3152. COVERED DEFENSE NUCLEAR FACILITIES.
(a) APPLICABILITY.—This subtitle applies to any de-
fense nuclear facility of the Department of Energy for
which the fiscal year 1996 environmental management
budget was $350,000,000 or more.
(b) DEFENSE NUCLEAR FACILITY DEFINED.—In
this subtitle, the term ‘‘defense nuclear facility’’ means a
former or current defense nuclear production facility that
is owned and managed by the Department of Energy.
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SEC. 3153. SITE MANAGER.
(a) APPOINTMENT.—The Secretary of Energy shall
expeditiously appoint a Site Manager for each Department
of Energy defense nuclear facility (in this subtitle referred
to as the ‘‘Site Manager’’).
(b) SCOPE.—(1) In addition to other authorities pro-
vided for in this Act, the Secretary of Energy may delegate
to the Site Manager of a defense nuclear facility authority
to oversee and direct environmental management oper-
ations at the facility, including the authority to—
(A) enter into and modify contractual agree-
ments to enhance environmental restoration and
waste management at the facility;
(B) request that the Department of Energy
headquarters submit to Congress a reprogramming
package shifting funds among accounts in order to
facilitate the most efficient and timely environmental
restoration and waste management of the facility,
and, in the event that the Department headquarters
does not act upon the request within 60 days, sub-
mit such request to the appropriate congressional
committees for review;
(C) subject to paragraph (2), negotiate amend-
ments to environmental agreements for the Depart-
ment of Energy;
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(D) manage Department of Energy personnel
at the facility;
(E) consider the costs, risk reduction benefits,
and other benefits for the purposes of ensuring pro-
tection of human health and the environment or
safety, with respect to any environmental remedi-
ation activity the cost of which exceeds $25,000,000;
and
(F) have assessments prepared for environ-
mental restoration activities (in several documents or
a single document, as determined by the Site Man-
ager).
(2) In using the authority described in paragraph
(1)(C), a Site Manager may not negotiate an amendment
that is expected to result in additional significant life cycle
costs to the Department of Energy without the approval
of the Secretary of Energy.
(3) In using any authority described in paragraph
(1), a Site Manager of a facility shall consult with the
State where the facility is located and the advisory board
for the facility.
(4) The delegation of any authority pursuant to this
subsection shall not be construed as restricting the Sec-
retary of Energy’s authority to delegate other authorities
as necessary.
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(c) INFORMATION TO SECRETARY OF ENERGY.—The
Site Manager of a defense nuclear facility shall regularly
inform the Secretary of Energy, Congress, and the advi-
sory board for the facility of the progress made by the
Site Manager to achieve the expedited environmental res-
toration and waste management of the facility.
SEC. 3154. DEPARTMENT OF ENERGY ORDERS.
An order imposed after the date of the enactment of
this Act relating to the execution of environmental restora-
tion, waste management, or technology development activi-
ties at a defense nuclear facility under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) may be imposed
by the Secretary of Energy at the defense nuclear facility
only if the Secretary finds that the order is necessary for
the protection of human health and the environment or
safety, or the fulfillment of current legal requirements.
SEC. 3155. DEPLOYMENT OF TECHNOLOGY FOR REMEDI-
ATION OF DEFENSE NUCLEAR WASTE.
(a) IN GENERAL.—The Secretary of Energy shall en-
courage the Site Manager of each defense nuclear facility
to promote the deployment of innovative environmental
technologies for remediation of defense nuclear waste at
the facility.
(b) CRITERIA.—To carry out subsection (a), the Sec-
retary shall encourage the Site Manager of a defense nu-
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clear facility to establish a program at the facility to en-
hance the deployment of innovative environmental tech-
nologies at the facility. The Secretary may require the Site
Manager, in establishing such a program—
(1) to establish a simplified, standardized, and
timely process for the acceptance and deployment of
environmental technologies;
(2) to solicit applications to deploy environ-
mental technologies suitable for environmental res-
toration and waste management activities at the fa-
cility, including prevention, control, characterization,
treatment, and remediation of contamination;
(3) to enter into contracts and other agree-
ments with other public and private entities to de-
ploy environmental technologies at the facility; and
(4) to include incentives, such as product per-
formance specifications, in contracts to encourage
the implementation of innovative environmental
technologies.
SEC. 3156. PERFORMANCE-BASED CONTRACTING.
(a) PROGRAM.—The Secretary of Energy shall de-
velop and implement a program for performance-based
contracting for contracts entered into for environmental
remediation at defense nuclear facilities. The program
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shall ensure that, to the maximum extent practicable and
appropriate, such contracts include the following:
(1) Clearly stated and results oriented perform-
ance criteria and measures.
(2) Appropriate incentives for contractors to
meet and exceed the performance criteria effectively
and efficiently.
(3) Appropriate criteria and incentives for con-
tractors to seek and engage subcontractors who may
more effectively and efficiently perform either unique
and technologically challenging tasks or routine and
interchangeable services.
(4) Specific incentives for cost savings.
(5) Financial accountability.
(6) When appropriate, allocation of fee or profit
reduction for failure to meet minimum performance
criteria and standards.
(b) CRITERIA AND MEASURES.—Performance criteria
and measures should take into consideration, at a mini-
mum, the following: managerial control; elimination or re-
duction of risk to public health and the environment;
workplace safety; financial control; goal-oriented work
scope; use of innovative and alternative technologies and
techniques that result in cleanups being performed less ex-
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pensively, more quickly, and within quality parameters;
and performing within benchmark cost estimates.
(c) CONSULTATION.—In implementing this section,
the Secretary of Energy shall consult with interested par-
ties.
(d) DEADLINE.—The Secretary of Energy shall im-
plement this section not later than October 1, 1997, unless
the Secretary submits to Congress before that date a re-
port with a schedule for completion of action under this
section.
SEC. 3157. DESIGNATION OF DEFENSE NUCLEAR FACILI-
TIES AS NATIONAL ENVIRONMENTAL CLEAN-
UP DEMONSTRATION AREAS.
(a) DESIGNATION.—The Secretary of Energy, upon
receipt of a request from a Governor of a State in which
a defense nuclear facility is situated, may designate the
facility as a ‘‘National Environmental Cleanup Dem-
onstration Area’’ to carry out the purposes of this subtitle.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Federal and State regulatory agencies, mem-
bers of the community surrounding the facilities des-
ignated under subsection (a), and other affected parties
should work to develop expedited and streamlined proc-
esses and systems for cleaning up the facilities, to elimi-
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nate unnecessary bureaucratic delay, and to proceed expe-
ditiously with environmental restoration activities.
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal
year 1997, $17,000,000 for the operation of the Defense
Nuclear Facilities Safety Board under chapter 21 of the
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII—NATIONAL
DEFENSE STOCKPILE
Subtitle A—Authorization of
Disposals and Use of Funds
SEC. 3301. DEFINITIONS.
In this title:
(1) The term ‘‘National Defense Stockpile’’
means the stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
(2) The term ‘‘National Defense Stockpile
Transaction Fund’’ means the fund in the Treasury
of the United States established under section 9(a)
of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h(a)).
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SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 1997, the National Defense Stockpile Manager
may obligate up to $60,000,000 of the funds in the Na-
tional Defense Stockpile Transaction Fund for the author-
ized uses of such funds under section 9(b)(2) of the Stra-
tegic and Critical Materials Stock Piling Act (50 U.S.C.
98h(b)(2)).
(b) ADDITIONAL OBLIGATIONS.—The National De-
fense Stockpile Manager may obligate amounts in excess
of the amount specified in subsection (a) if the National
Defense Stockpile Manager notifies Congress that extraor-
dinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may
make the additional obligations described in the notifica-
tion after the end of the 45-day period beginning on the
date Congress receives the notification.
(c) LIMITATIONS.—The authorities provided by this
section shall be subject to such limitations as may be pro-
vided in appropriations Acts.
Subtitle B—Programmatic Change
SEC. 3311. BIENNIAL REPORT ON STOCKPILE REQUIRE-
MENTS.
(a) NATIONAL
EMERGENCY
PLANNING
ASSUMP-
TIONS.—Section 14 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h–5) is amended—
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(1) by redesignating subsection (c) as sub-
section (e); and
(2) by striking out subsection (b) and inserting
in lieu thereof the following new subsection:
‘‘(b) Each report under this section shall set forth
the national emergency planning assumptions used by the
Secretary in making the Secretary’s recommendations
under subsection (a)(1) with respect to stockpile require-
ments. The Secretary shall base the national emergency
planning assumptions on a military conflict scenario con-
sistent with the scenario used by the Secretary in budget-
ing and defense planning purposes. The assumptions to
be set forth include assumptions relating to each of the
following:
‘‘(1) The length and intensity of the assumed
military conflict.
‘‘(2) The military force structure to be mobi-
lized.
‘‘(3) The losses anticipated from enemy action.
‘‘(4) The military, industrial, and essential civil-
ian requirements to support the national emergency.
‘‘(5) The availability of supplies of strategic and
critical materials from foreign sources during the
mobilization period, the military conflict, and the
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subsequent period of replenishment, taking into con-
sideration possible shipping losses.
‘‘(6) The domestic production of strategic and
critical materials during the mobilization period, the
military conflict, and the subsequent period of re-
plenishment, taking into consideration possible ship-
ping losses.
‘‘(7) Civilian austerity measures required dur-
ing the mobilization period and military conflict.
‘‘(c) The stockpile requirements shall be based on
those strategic and critical materials necessary for the
United States to replenish or replace, within three years
of the end of the military conflict scenario required under
subsection (b), all munitions, combat support items, and
weapons systems that would be consumed or exhausted
during such a military conflict.
‘‘(d) The Secretary shall also include in each report
under this section an examination of the effect that alter-
native mobilization periods under the military conflict sce-
nario required under subsection (b), as well as a range
of other military conflict scenarios addressing potentially
more serious threats to national security, would have on
the Secretary’s recommendations under subsection (a)(1)
with respect to stockpile requirements.’’.
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(b) CONFORMING AMENDMENT.—Section 2 of such
Act (50 U.S.C. 98a) is amended by striking out subsection
(c) and inserting in lieu thereof the following new sub-
section:
‘‘(c) The purpose of the National Defense Stockpile
is to serve the interest of national defense only. The Na-
tional Defense Stockpile is not to be used for economic
or budgetary purposes.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1996.
SEC. 3312. NOTIFICATION REQUIREMENTS.
(a) PROPOSED
CHANGES
IN
STOCKPILE
QUAN-
TITIES.—Section 3(c)(2) of the Strategic and Critical Ma-
terials Stock Piling Act (50 U.S.C. 98b(c)(2)) is amend-
ed—
(1) by striking out ‘‘effective on or after the
30th legislative day following’’ and inserting in lieu
thereof ‘‘after the end of the 45-day period begin-
ning on’’; and
(2) by striking out the last sentence.
(b) WAIVER OF ACQUISITION AND DISPOSAL RE-
QUIREMENTS.—Section 6(d)(1) of such Act (50 U.S.C.
98e(d)(1)) is amended by striking out ‘‘thirty days’’ and
inserting in lieu thereof ‘‘45 days’’.
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(c) TIME TO BEGIN DISPOSAL.—Section 6(d)(2) of
such Act (50 U.S.C. 98e(d)(2)) is amended by striking
out ‘‘thirty days’’ and inserting in lieu thereof ‘‘45 days’’.
SEC. 3313. IMPORTATION OF STRATEGIC AND CRITICAL MA-
TERIALS.
Section 13 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h–4) is amended—
(1) by striking out ‘‘as a Communist-dominated
country or area’’; and
(2) by striking out ‘‘such Communist-dominated
countries or areas’’ and inserting in lieu thereof ‘‘a
country or area listed in such general note’’.
TITLE XXXIV—NAVAL
PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $149,500,000 for fiscal year 1997 for
the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval petro-
leum reserves (as defined in section 7420(2) of such title).
Funds appropriated pursuant to such authorization shall
remain available until expended.
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SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PE-
TROLEUM DURING FISCAL YEAR 1997.
Notwithstanding section 7430(b)(2) of title 10, Unit-
ed States Code, during fiscal year 1997, any sale of any
part of the United States share of petroleum produced
from Naval Petroleum Reserves Numbered 1, 2, and 3
shall be made at a price not less than 90 percent of the
current sales price, as estimated by the Secretary of En-
ergy, of comparable petroleum in the same area.
TITLE XXXV—PANAMA CANAL
COMMISSION
Subtitle A—Authorization of
Appropriations
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ‘‘Panama Canal
Commission Authorization Act, Fiscal Year 1997’’.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) IN GENERAL.—Subject to subsection (b), the
Panama Canal Commission is authorized to use amounts
in the Panama Canal Commission Revolving Fund to
make such expenditures within the limits of funds and
borrowing authority available to it in accordance with law,
and to make such contracts and commitments, as may be
necessary under the Panama Canal Act of 1979 (22
U.S.C. 3601 et seq.) for the operation, maintenance, im-
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provement, and administration of the Panama Canal for
fiscal year 1997.
(b) LIMITATIONS.—For fiscal year 1997, the Panama
Canal Commission may expend funds in the Panama
Canal Commission Revolving Fund not more than
$73,000 for reception and representation expenses, of
which—
(1) not more than $18,000 may be used for of-
ficial reception and representation expenses of the
Supervisory Board of the Commission;
(2) not more than $10,000 may be used for of-
ficial reception and representation expenses of the
Secretary of the Commission; and
(3) not more than $45,000 may be used for of-
ficial reception and representation expenses of the
Administrator of the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provisions of law, the
funds available to the Commission shall be available for
the purchase and transportation to the Republic of Pan-
ama, of passenger motor vehicles built in the United
States, including large, heavy-duty vehicles.
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SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH
TREATIES.
Expenditures authorized under this subtitle may be
made only in accordance with the Panama Canal Treaties
of 1977 and any law of the United States implementing
those treaties.
Subtitle B—Amendments to
Panama Canal Act of 1979
SEC. 3521. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Panama Canal Act Amendments of 1996’’.
(b) REFERENCES.—Except as otherwise expressly
provided, whenever in this subtitle an amendment or re-
peal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be con-
sidered to be made to a section or other provision of the
Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.).
SEC. 3522. DEFINITIONS AND RECOMMENDATION FOR LEG-
ISLATION.
(a) IN GENERAL.—In section 3 (22 U.S.C. 3602)—
(1) the heading is amended to read as follows:
‘‘DEFINITIONS
(2) in subsection (b), by inserting ‘‘and’’ after
the semicolon at the end of paragraph (4), by strik-
ing the semicolon at the end of paragraph (5) and
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inserting a period, and striking paragraphs (6) and
(7); and
(3) by striking subsection (d).
(b) CLERICAL AMENDMENT.—The table of contents
in section 1 is amended in the item relating to section 3
by striking ‘‘and recommendation for legislation’’.
SEC. 3523. ADMINISTRATOR.
(a) IN GENERAL.—Section 1103 (22 U.S.C. 3613)
is amended to read as follows:
‘‘ADMINISTRATOR
‘‘SEC. 1103. (a) There shall be an Administrator of
the Commission who shall be appointed by the President,
by and with the advice and consent of the Senate, and
shall hold office at the pleasure of the President.
‘‘(b) The Administrator shall be paid compensation
in an amount, established by the Board, not to exceed level
III of the Executive Schedule.’’.
(b) SAVINGS PROVISIONS.—Nothing in this section
(or section 3549(3)) shall be considered to affect—
(1) the tenure of the individual serving as Ad-
ministrator of the Commission on the day before
subsection (a) takes effect; or
(2) until modified under section 1103(b) of the
Panama Canal Act of 1979, as amended by sub-
section (a), the compensation of the individual so
serving.
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SEC. 3524. DEPUTY ADMINISTRATOR AND CHIEF ENGINEER.
(a) IN GENERAL.—Section 1104 (22 U.S.C. 3614)
is amended to read as follows:
‘‘DEPUTY ADMINISTRATOR
‘‘SEC. 1104. (a) There shall be a Deputy Adminis-
trator of the Commission who shall be appointed by the
President. The Deputy Administrator shall perform such
duties as may be prescribed by the Board.
‘‘(b) The Deputy Administrator shall be paid com-
pensation at a rate of pay, established by the Board, which
does not exceed the rate of basic pay in effect for level
IV of the Executive Schedule, and, if eligible, shall be paid
the overseas recruitment and retention difference provided
for in section 1217 of this Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents
in section 1 is amended in the item relating to section
1104 by striking ‘‘and Chief Engineer’’.
(c) SAVINGS PROVISIONS.—Nothing in this section
shall be considered to affect—
(1) the tenure of the individual serving as Dep-
uty Administrator of the Commission on the day be-
fore subsection (a) takes effect; or
(2) until modified under section 1104(b) of the
Panama Canal Act of 1979, as amended by sub-
section (a), the compensation of the individual so
serving.
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SEC. 3525. OFFICE OF OMBUDSMAN.
Section 1113 (22 U.S.C. 3623) is amended by strik-
ing subsection (d) and redesignating subsection (e) as sub-
section (d).
SEC. 3526. APPOINTMENT AND COMPENSATION; DUTIES.
Section 1202 (22 U.S.C. 3642) is amended to read
as follows:
‘‘APPOINTMENT AND COMPENSATION; DUTIES
‘‘SEC. 1202. (a) In accordance with this chapter, the
Commission may appoint, fix the compensation of, and de-
fine the authority and duties of officers and employees
(other than the Administrator and Deputy Administrator)
necessary for the management, operation, and mainte-
nance of the Panama Canal and its complementary works,
installations, and equipment.
‘‘(b) Individuals serving in any Executive agency
(other than the Commission) or the Smithsonian Institu-
tion, including individuals in the uniform services, may,
if appointed under this section or section 1104 of this Act,
serve as officers or employees of the Commission.’’.
SEC. 3527. APPLICABILITY OF CERTAIN BENEFITS.
(a) IN GENERAL.—Section 1209 (22 U.S.C. 3649)
is amended to read as follows:
‘‘APPLICABILITY OF CERTAIN BENEFITS
‘‘SEC. 1209. Chapter 81 of title 5, United States
Code, relating to compensation for work injuries, chapters
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83 and 84 of such title 5, relating to retirement, chapter
87 of such title 5, relating to life insurance, and chapter
89 of such title 5, relating to health insurance, are applica-
ble to Commission employees, except any individual—
‘‘(1) who is not a citizen of the United States;
‘‘(2) whose initial appointment by the Commis-
sion occurs after October 1, 1979; and
‘‘(3) who is covered by the Social Security Sys-
tem of the Republic of Panama pursuant to any pro-
vision of the Panama Canal Treaty of 1977 and re-
lated agreements.’’.
(b) CLERICAL AMENDMENT.—The table of contents
in section 1 is amended by striking the item relating to
section 1209 and inserting the following:
‘‘Sec. 1209. Applicability of certain benefits.’’.
SEC. 3528. TRAVEL AND TRANSPORTATION EXPENSES.
Section 1210 (22 U.S.C. 3650) is amended to read
as follows:
‘‘TRAVEL AND TRANSPORTATION EXPENSES
‘‘SEC. 1210. (a) Subject to subsections (b) and (c),
the Commission may pay travel and transportation ex-
penses for employees in accordance with subchapter II of
chapter 57 of title 5, United States Code.
‘‘(b) For an employee to whom section 1206 applies,
the Commission may pay travel and transportation ex-
penses associated with vacation leave for the employee and
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the immediate family of the employee notwithstanding re-
quirements regarding periods of service established by
subchapter II of chapter 57 of title 5, United States Code,
or the regulations promulgated thereunder.
‘‘(c) For an employee to whom section 1206 does not
apply, the Commission may pay travel and transportation
expenses associated with vacation leave for the employee
and the immediate family of the employee notwithstanding
requirements regarding a written agreement concerning
the duration of a continuing service obligation established
by subchapter II of chapter 57 of title 5, United States
Code or the regulations promulgated thereunder.’’.
SEC. 3529. CLARIFICATION OF DEFINITION OF AGENCY.
Subparagraph (B) of section 1211(1) (22 U.S.C.
3651(1)(B)) is amended to read as follows:
‘‘(B) any other Executive agency or the
Smithsonian Institution, to the extent of any
election in effect under section 1212(b) of this
Act;’’.
SEC. 3530. PANAMA CANAL EMPLOYMENT SYSTEM; MERIT
AND OTHER EMPLOYMENT REQUIREMENTS.
(a) IN GENERAL.—Section 1212 (22 U.S.C. 3652)
is amended to read as follows:
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‘‘PANAMA CANAL EMPLOYMENT SYSTEM; MERIT AND
OTHER EMPLOYMENT REQUIREMENTS
‘‘SEC. 1212. (a) The Commission shall establish a
Panama Canal Employment System and prescribe the reg-
ulations necessary for its administration. The Panama
Canal Employment System shall—
‘‘(1) be established in accordance with and be
subject to the provisions of the Panama Canal Trea-
ty of 1977 and related agreements, the provisions of
this chapter, and any other applicable provision of
law;
‘‘(2) be based on the consideration of the merit
of each employee or candidate for employment and
the qualifications and fitness of the employee to hold
the position concerned;
‘‘(3) conform, to the extent practicable and con-
sistent with the provisions of this Act, to the poli-
cies, principles, and standards applicable to the com-
petitive service;
‘‘(4) in the case of employees who are citizens
of the United States, provide for the appropriate
interchange of those employees between positions
under the Panama Canal Employment System and
positions in the competitive service; and
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‘‘(5) not be subject to the provisions of title 5,
United States Code, unless specifically made applica-
ble by this Act.
‘‘(b)(1) The head of any Executive agency (other
than the Commission) and the Smithsonian Institution
may elect to have the Panama Canal Employment System
made applicable in whole or in part to personnel of that
agency in the Republic of Panama.
‘‘(2) Any Executive agency (other than the Commis-
sion) and the Smithsonian Institution, to the extent of any
election under paragraph (1), shall conduct its employ-
ment and pay practices relating to employees in accord-
ance with the Panama Canal Employment System.
‘‘(c) The Commission may exclude any employee or
position from coverage under any provision of this sub-
chapter, other than the interchange rights extended under
subsection (a)(4).’’.
(b) SAVINGS PROVISIONS.—The Panama Canal Em-
ployment System and all elections, rules, regulations, and
orders relating thereto, as last in effect before the amend-
ment made by subsection (a) takes effect, shall continue
in effect, according to their terms, until modified, termi-
nated, or superseded under section 1212 of the Panama
Canal Act of 1979, as amended by subsection (a).
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SEC. 3531. EMPLOYMENT STANDARDS.
Section 1213 (22 U.S.C. 3653) is amended in the
first sentence by striking ‘‘The head of each agency’’ and
inserting ‘‘The Commission’’.
SEC. 3532. REPEAL OF OBSOLETE PROVISION REGARDING
INTERIM 
APPLICATION 
OF 
CANAL 
ZONE
MERIT SYSTEM.
(a) REPEAL.—Section 1214 (22 U.S.C. 3654) is re-
pealed.
(b) CLERICAL AMENDMENT.—The table of contents
in section 1 is amended by striking the item relating to
section 1214.
SEC. 3533. REPEAL OF PROVISION RELATING TO RECRUIT-
MENT AND RETENTION REMUNERATION.
Section 1217(d) (22 U.S.C. 3657(d)) is repealed.
SEC. 3534. BENEFITS BASED ON BASIC PAY.
Section 1218(2) (22 U.S.C. 3658(2)) is amended to
read as follows:
‘‘(2) benefits under subchapter III of chapter
83 and subchapter II of chapter 84 of title 5, United
States Code, relating to retirement;’’.
SEC. 3535. VESTING OF GENERAL ADMINISTRATIVE AU-
THORITY OF COMMISSION.
(a) IN GENERAL.—Section 1223 (22 U.S.C. 3663)
is amended to read as follows:
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‘‘CENTRAL EXAMINING OFFICE
‘‘SEC. 1223. The Commission shall establish a
Central Examining Office. The purpose of the office shall
be to implement the provisions of the Panama Canal Trea-
ty of 1977 and related agreements with respect to recruit-
ment, examination, determination of qualification stand-
ards, and similar matters relating to employment of the
Commission.’’.
(b) CLERICAL AMENDMENT.—The table of contents
in section 1 is amended by striking the item relating to
section 1223 and inserting the following:
‘‘Sec. 1223. Central Examining Office.’’.
SEC. 3536. APPLICABILITY OF CERTAIN LAWS.
(a) IN GENERAL.—Section 1224 (22 U.S.C. 3664)
is amended to read as follows:
‘‘APPLICABILITY OF TITLE 5, UNITED STATES CODE
‘‘SEC. 1224. The following provisions of title 5, Unit-
ed States Code, apply to the Panama Canal Commission:
‘‘(1) Part I of title 5 (relating to agencies gen-
erally).
‘‘(2) Chapter 21 (relating to employee defini-
tions).
‘‘(3) Section 2302(b)(8) (relating to whistle-
blower protection) and all provisions of title 5 relat-
ing to the administration or enforcement or any
other aspect thereof, as identified in regulations pre-
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scribed by the Commission in consultation with the
Office of Personnel Management.
‘‘(4) All provisions relating to preference eligi-
bles.
‘‘(5) Section 5514 (relating to offset from sal-
ary).
‘‘(6) Section 5520a (relating to garnishments).
‘‘(7) Sections 5531-5535 (relating to dual pay
and employment).
‘‘(8) Subchapter VI of chapter 55 (relating to
accumulated and accrued leave).
‘‘(9) Subchapter IX of chapter 55 (relating to
severance and back pay).
‘‘(10) Chapter 57 (relating to travel and trans-
portation).
‘‘(11) Chapter 59 (relating to allowances).
‘‘(12) Chapter 63 (relating to leave).
‘‘(13) Section 6323 (relating to military leave;
Reserves and National Guardsmen).
‘‘(14) Chapter 71 (relating to labor relations).
‘‘(15) Subchapters II and III of chapter 73 (re-
lating to employment limitations and political activi-
ties, respectively) and all provisions of title 5 relat-
ing to the administration or enforcement or any
other aspect thereof, as identified in regulations pre-
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scribed by the Commission in consultation with the
Office of Personnel Management.
‘‘(16) Chapter 81 (relating to compensation for
work injuries).
‘‘(17) Chapters 83 and 84 (relating to retire-
ment).
‘‘(18) Chapter 85 (relating to unemployment
compensation).
‘‘(19) Chapter 87 (relating to life insurance).
‘‘(20) Chapter 89 (relating to health insur-
ance).’’.
(b) CLERICAL AMENDMENT.—The table of contents
in section 1 is amended by striking the item relating to
section 1224 and inserting the following:
‘‘Sec. 1224. Applicability of title 5, United States Code.’’.
SEC. 3537. REPEAL OF PROVISION RELATING TO TRANS-
FERRED OR REEMPLOYED EMPLOYEES.
Section 1231(a)(3) (22 U.S.C. 3671(a)(3)) is re-
pealed.
SEC. 3538. ADMINISTRATION OF SPECIAL DISABILITY BENE-
FITS.
(a) IN GENERAL.—Section 1245 (22 U.S.C. 3682)
is amended by striking so much as precedes subsection
(b) and inserting the following:
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‘‘ADMINISTRATION OF CERTAIN DISABILITY BENEFITS
‘‘SEC. 1245. (a)(1) The Commission, or any other
United States Government agency or private entity acting
pursuant to an agreement with the Commission, under the
Act entitled ‘An Act authorizing cash relief for certain em-
ployees of the Panama Canal not coming within the provi-
sions of the Canal Zone Retirement Act’, approved July
8, 1937 (50 Stat. 478; 68 Stat. 17), may continue the
payments of cash relief to those individual former employ-
ees of the Canal Zone Government or Panama Canal Com-
pany or their predecessor agencies not coming within the
scope of the former Canal Zone Retirement Act whose
services were terminated prior to October 5, 1958, because
of unfitness for further useful service by reason of mental
or physical disability resulting from age or disease.
‘‘(2) Subject to subsection (b), cash relief under this
subsection may not exceed $1.50 per month for each year
of service of the employees so furnished relief, with a maxi-
mum of $45 per month, plus the amount of any cost-of-
living increases in such cash relief granted before October
1, 1979, pursuant to section 181 of title 2 of the Canal
Zone Code (as in effect on September 30, 1979), nor be
paid to any employee who, at the time of termination for
disability prior to October 5, 1958, had less than 10 years’
service with the Canal Zone Government, the Panama
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Canal Company, or their predecessor agencies on the Isth-
mus of Panama.’’.
(b) CLERICAL AMENDMENT.—The table of contents
in section 1 is amended by striking the item relating to
section 1245 and inserting the following:
‘‘Sec. 1245. Administration of certain disability benefits.’’.
SEC. 3539. PANAMA CANAL REVOLVING FUND.
Section 1302 of the Panama Canal Act of 1979 (22
U.S.C. 3712) is amended to read as follows:
‘‘PANAMA CANAL REVOLVING FUND
‘‘SEC. 1302. (a) There is established in the Treasury
of the United States a revolving fund to be known as ‘Pan-
ama Canal Revolving Fund’. The Panama Canal Revolv-
ing Fund shall, subject to subsection (b), be available to
the Commission to carry out the purposes, functions, and
powers authorized by this Act, including for—
‘‘(1) the hire of passenger motor vehicles and
aircraft;
‘‘(2) uniforms or allowances therefor;
‘‘(3) official receptions and representation ex-
penses of the Board, the Secretary of the Commis-
sion, and the Administrator;
‘‘(4) the operation of guide services;
‘‘(5) a residence for the Administrator;
‘‘(6) disbursements by the Administrator for
employee and community projects;
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‘‘(7) the procurement of expert and consultant
services;
‘‘(8) promotional activities, including the prepa-
ration, distribution, or use of any kit, pamphlet,
booklet, publication, radio, television, film, or other
media presentation designed to promote the Panama
Canal as a resource of the world shipping industry;
and
‘‘(9) the purchase and transportation to the Re-
public of Panama of passenger motor vehicles built
in the United States, including large, heavy-duty ve-
hicles.
‘‘(b)(1) There shall be deposited in the Panama
Canal Revolving Fund, on a continuing basis, toll receipts
(other than amounts of toll receipts deposited into the
Panama Canal Commission Dissolution Fund under sec-
tion 1305) and all other receipts of the Commission. Ex-
cept as provided in section 1303, no funds may be obli-
gated or expended by the Commission in any fiscal year
unless such obligation or expenditure has been specifically
authorized by law.
‘‘(2) No funds may be authorized for the use of the
Commission, or obligated or expended by the Commission
in any fiscal year, in excess of—