740 
(b) REPEAL OF QUARTERLY REPORTS; ADVANCE NO-
TICE
OF CERTAIN PROJECTS.—Such section is further 
amended— 
(1) in subsection (b), by striking ‘‘Within seven 
days after’’ and inserting ‘‘Except with respect to a 
construction project described in subsection (d), with-
in seven days after’’; 
(2) by striking subsection (d) and inserting the 
following new subsection: 
‘‘(d) ADVANCE NOTICE OF CERTAIN CONSTRUCTION 
PROJECTS.—When a decision is made to use appropriated 
funds available for operation and maintenance to carry out 
a construction project outside the United States that has 
an estimated cost in excess of the amounts authorized for 
unspecified minor military construction projects under sec-
tion 2805(c) of title 10, United States Code, the Secretary 
of Defense shall notify the congressional committees speci-
fied in subsection (f) of that decision, including the infor-
mation required by subsection (b). The project may then 
be carried out only after the end of the 21-day period begin-
ning on the date the notification is received by the commit-
tees or, if earlier, the end of the 14-day period beginning 
on the date on which a copy of the notification is provided 
in an electronic medium pursuant to section 480 of title 
10, United States Code. If notice is provided under this sub-
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section with respect to a project, notice is not required 
under subsection (b) with respect to the same project.’’; and 
(3) by striking subsection (g) and inserting the 
following new subsection: 
‘‘(g) EFFECT OF FAILURE TO SUBMIT PROJECT NOTI-
FICATIONS.—If the notices regarding the obligation of the 
funds for a construction project required by subsection (b) 
or (d) is not submitted to the congressional committees spec-
ified in subsection (f) by the required date, appropriated 
funds available for operation and maintenance may not be 
obligated or expended after that date under the authority 
of this section to carry out construction projects outside the 
United States until the date on which the notice is finally 
submitted.’’. 
Subtitle B—Real Property and 
Facilities Administration 
SEC. 2811. CONTINUED CONSOLIDATION OF REAL PROP-
ERTY PROVISIONS WITHOUT SUBSTANTIVE 
CHANGE. 
(a) CONSOLIDATION.—Section 2663 of title 10, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(h) LAND ACQUISITION OPTIONS
IN ADVANCE
OF 
MILITARY CONSTRUCTION PROJECTS.—(1) The Secretary of 
a military department may acquire an option on a parcel 
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of real property before or after its acquisition is authorized 
by law, if the Secretary considers it suitable and likely to 
be needed for a military project of the military department 
under the jurisdiction of the Secretary. 
‘‘(2) As consideration for an option acquired under 
paragraph (1), the Secretary may pay, from funds avail-
able to the military department under the jurisdiction of 
the Secretary for real property activities, an amount that 
is not more than 12 percent of the appraised fair market 
value of the property.’’. 
(b) REPEAL OF SUPERSEDED PROVISION.— 
(1) REPEAL.—Section 2677 of such title is re-
pealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 159 of such title is 
amended by striking the item relating to section 2677. 
SEC. 2812. COOPERATIVE AGREEMENT AUTHORITY FOR 
MANAGEMENT OF CULTURAL RESOURCES ON 
CERTAIN SITES OUTSIDE MILITARY INSTAL-
LATIONS. 
(a) EXPANDED AUTHORITY.—Section 2684 of title 10, 
United States Code, is amended— 
(1) in subsection (a), by striking ‘‘on a military 
installation’’ and inserting ‘‘located on a site author-
ized by subsection (b)’’; 
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(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(3) by inserting after subsection (a) the following 
new subsection (b): 
‘‘(b) AUTHORIZED CULTURAL RESOURCES SITES.—To 
be covered by a cooperative agreement under subsection (a), 
cultural resources must be located— 
‘‘(1) on a military installation; or 
‘‘(2) on a site outside of a military installation, 
but only if the cooperative agreement will directly re-
lieve or eliminate current or anticipated restrictions 
that would or might restrict, impede, or otherwise 
interfere, whether directly or indirectly, with current 
or anticipated military training, testing, or oper-
ations on a military installation.’’. 
(b) CULTURAL RESOURCE DEFINED.—Subsection (d) 
of such section, as redesignated by subsection (a)(2), is 
amended by adding at the end the following new paragraph: 
‘‘(5) An Indian sacred site, as defined in section 
1(b)(iii) of Executive Order 13007.’’. 
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SEC. 2813. AGREEMENTS TO LIMIT ENCROACHMENTS AND 
OTHER CONSTRAINTS ON MILITARY TRAIN-
ING, TESTING, AND OPERATIONS. 
(a) MANAGEMENT OF NATURAL RESOURCES OF AC-
QUIRED PROPERTY.—Subsection (d) of section 2684a of 
title 10, United States Code, is amended— 
(1) by redesignating paragraphs (3), (4), (5), 
and (6) as paragraphs (4), (5), (6), and (7), respec-
tively; and 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) An agreement with an eligible entity under this 
section may provide for the management of natural re-
sources on real property in which the Secretary concerned 
acquires any right, title, or interest in accordance with this 
subsection and for the payment by the United States of all 
or a portion of the costs of such natural resource manage-
ment if the Secretary concerned determines that there is a 
demonstrated need to preserve or restore habitat for the pur-
pose described in subsection (a)(2).’’. 
(b) LIMITATION ON PORTION OF ACQUISITION COSTS 
BORNE BY UNITED STATES.—Paragraph (4)(C) of such 
subsection, as redesignated by subsection (a)(1), is amended 
by striking ‘‘equal to the fair market value’’ and all that 
follows through the period at the end and inserting ‘‘equal 
to, at the discretion of the Secretary concerned— 
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‘‘(i) the fair market value of any property or in-
terest in property to be transferred to the United 
States upon the request of the Secretary concerned 
under paragraph (5); or 
‘‘(ii) the cumulative fair market value of all 
properties or interests to be transferred to the United 
States under paragraph (5) pursuant to an agree-
ment under subsection (a).’’. 
SEC. 2814. EXPANSION TO ALL MILITARY DEPARTMENTS OF 
ARMY PILOT PROGRAM FOR PURCHASE OF 
CERTAIN MUNICIPAL SERVICES FOR MILI-
TARY INSTALLATIONS. 
(a) EXPANSION OF PILOT PROGRAM.—Section 325 of 
the Ronald W. Reagan National Defense Authorization Act 
for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2461 
note) is amended— 
(1) in the section heading, by striking ‘‘ARMY’’ 
and inserting ‘‘MILITARY’’; 
(2) in subsection (a)— 
(A) by striking ‘‘Secretary of the Army’’ 
and inserting ‘‘Secretary of a military depart-
ment’’; and 
(B) by striking ‘‘an Army installation’’ and 
inserting ‘‘a military installation under the ju-
risdiction of the Secretary’’; and 
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(3) in subsection (d), by striking ‘‘The Sec-
retary’’ and inserting ‘‘The Secretary of a military 
department’’. 
(b) PARTICIPATING INSTALLATIONS.—Subsection (c) of 
such section is amended by striking ‘‘two Army installa-
tions’’ and inserting ‘‘three military installations of each 
branch of the Armed Forces’’. 
(c) EXTENSION OF DURATION OF PROGRAM.—Such 
section is further amended by striking subsections (e) and 
(f) and inserting the following new subsection: 
‘‘(e) TERMINATION OF PILOT PROGRAM.—The pilot 
program shall terminate on September 30, 2012. Any con-
tract entered into under the pilot program shall terminate 
not later than that date.’’. 
SEC. 2815. RETENTION OF PROCEEDS FROM ENHANCED 
USE LEASES AT SELFRIDGE AIR NATIONAL 
GUARD BASE. 
Notwithstanding section 2667(e) of title 10, United 
States Code, or any other provision of law to the contrary, 
the proceeds derived from the execution of an enhanced use 
lease at Selfridge Air National Guard Base shall not be dis-
bursed outside of that military installation. 
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SEC. 2816. PROHIBITION ON COMMERCIAL FLIGHTS INTO 
SELFRIDGE AIR NATIONAL GUARD BASE. 
The Secretary of Defense shall prohibit the use of 
Selfridge Air National Guard Base by commercial service 
aircraft. 
Subtitle C—Base Closure and 
Realignment 
SEC. 2821. TRANSFER OF FUNDS FROM DEPARTMENT OF 
DEFENSE BASE CLOSURE ACCOUNT 2005 TO 
DEPARTMENT OF DEFENSE HOUSING FUNDS. 
(a) TRANSFER AUTHORITY.—Subsection (c) of section 
2883 of title 10, United States Code, is amended— 
(1) in paragraph (1), by adding at the end the 
following new subparagraph: 
‘‘(G) Subject to subsection (f), any amounts that 
the Secretary of Defense transfers to that Fund from 
amounts in the Department of Defense Base Closure 
Account 2005.’’; and 
(2) in paragraph (2), by adding at the end the 
following new subparagraph: 
‘‘(G) Subject to subsection (f), any amounts that 
the Secretary of Defense transfers to that Fund from 
amounts in the Department of Defense Base Closure 
Account 2005.’’. 
(b) NOTIFICATION.—Subsection (f) of such section is 
amended by striking ‘‘paragraph (1)(B) or (2)(B)’’ and in-
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serting ‘‘subparagraph (B) or (G) of paragraph (1) or sub-
paragraph (B) or (G) of paragraph (2)’’. 
Subtitle D—Land Conveyances 
SEC. 2831. CONDITIONS ON ACQUISITION OF LAND FOR EX-
PANSION 
OF 
PINON 
CANYON 
MANEUVER 
SITE, COLORADO. 
(a) IMPOSITION OF CONDITIONS.—After completion of 
the review required by the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), if the Secretary of 
the Army decides to acquire real property or an interest 
in real property located near the Pinon Canyon Maneuver 
Site in the State of Colorado (in this section referred to 
as the ‘‘Site’’) for the purpose of expanding the Site, the 
acquisition of such real property shall be subject to the re-
quirements of this section. 
(b) LIMITATION ON EXPANSION METHODS.—The Sec-
retary of the Army shall not tender an offer for the acquisi-
tion of, or employ condemnation, eminent domain, or sei-
zure of, real property, or interest in real property, for the 
purpose of expanding the Site until the Secretary has com-
plied with the following: 
(1) NEPA REVIEW.—The Secretary of the Army 
shall complete the requisite reviews under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
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(2) USE OF NEGOTIATION.—The Secretary of the 
Army shall comply with the Uniform Relocation As-
sistance and Real Property Acquisition Policies Act 
of 1970 (42 U.S.C. 4601 et. seq.) by making every 
reasonable effort to acquire by negotiation the real 
property, or interest in real property, such as a lease 
or easement. 
(3) ARBITRATION.—Notwithstanding, and in lieu 
of, any other provision of law regarding arbitration 
or alternate dispute resolution, the Secretary of the 
Army shall notify the property owner or owners of 
their right to seek third party arbitration, as identi-
fied in this paragraph, and of the desire of the Sec-
retary to conclude a negotiated agreement as to the 
value of the real property or interest in real property 
sought for acquisition by the Secretary. If the prop-
erty owner or owners and the Army do not reach an 
agreement within 90 days after the Army has pro-
vided such notice, on the request of the property 
owner or owners to the Secretary, the matter shall be 
referred to third party arbitration for resolution with-
in a period of 90 days from the date of referral. The 
decision of the arbitrator will be binding. 
(c) CONDITIONS ON ARBITRATION.— 
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(1) CONDITIONS.—Arbitration under subsection 
(b)(3) shall be subject to the following conditions: 
(A) The cost of such arbitration shall be the 
responsibility of the Secretary of the Army. 
(B) The Secretary of the Army shall iden-
tify at least three neutral third parties with ex-
perience in conducting arbitrations as to real 
property values and shall make this information 
available to the property owner or owners. 
(C) The issue of property value shall be re-
ferred to an arbitrator selected by the property 
owner or owners from the neutral third parties 
identified by the Secretary of the Army pursuant 
to subparagraph (B). 
(D) The Army shall reimburse the property 
owner or owners for reasonable costs incurred in 
pursuing the arbitration as established by the ar-
bitrator. 
(2) ARBITRATOR POWERS AND IMMUNITIES.—An 
arbitrator selected under paragraph (1)(C) to whom 
an action is referred under this section shall have the 
power within the acquisition process to conduct arbi-
tration hearings, to administer oaths and affirma-
tions, and to make decisions as to the value of the real 
property or interest in real property subject to arbi-
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