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Air Force: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Oklahoma .....................
Tinker Air Force Base
Replace Family
Housing (41
Units) ..........
$6,000,000
Army National Guard: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Virginia .........................
Fort Pickett ................
Multi-Purpose
Range Com-
plex–Heavy ..
$13,500,000
(c) EXTENSION
OF ADDITIONAL PROJECT.—Not-
withstanding any other provision of law, the authorization
set forth in the table in subsection (d), as provided in sec-
tion 8160 of the Department of Defense Appropriations
Act, 2000 (Public Law 106–79; 113 Stat. 1274), shall re-
main in effect until October 1, 2003, or the date of the
enactment of an Act authorizing funds for military con-
struction for fiscal year 2004, whichever is later.
(d) TABLE
FOR
EXTENSION
OF
ADDITIONAL
PROJECT.—The table referred to in subsection (c) is as
follows:
Army National Guard: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Pennsylvania .................
Connellsville .................
Readiness Cen-
ter ................
$1,700,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1999 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
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Year 1999 (division B of Public Law 105–261; 112 Stat.
2199), authorizations set forth in the table in subsection
(b), as provided in section 2302 of that Act and extended
by section 2702 of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (division B of Public Law
107–107; 115 Stat. 1301), shall remain in effect until Oc-
tober 1, 2003, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2004, whichever is later.
(b) TABLE.—The table referred to in subsection (a)
is as follows:
Air Force: Extension of 1999 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Delaware .......................
Dover Air Force Base
Replace Family
Housing (55
Units) ..........
$8,988,000
Florida ..........................
Patrick Air Force Base
Replace Family
Housing (46
Units) ..........
$9,692,000
New Mexico ..................
Kirtland Air Force
Base .........................
Replace Family
Housing (37
Units) ..........
$6,400,000
Ohio ..............................
Wright-Patterson Air
Force Base ..............
Replace Family
Housing (40
Units) ..........
$5,600,000
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI
of this Act shall take effect on the later of—
(1) October 1, 2002; or
(2) the date of the enactment of this Act.
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TITLE XXVIII—GENERAL
PROVISIONS
Subtitle A—Military Construction
Program and Military Family
Housing Changes
SEC. 2801. CHANGES TO ALTERNATIVE AUTHORITY FOR AC-
QUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) AUTHORIZED UTILITIES AND SERVICES.—Sec-
tion 2872a(b) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
‘‘(11) Firefighting and fire protection services.
‘‘(12) Police protection services.’’.
(b) LEASING OF HOUSING.—Subsection (a) of section
2874 of such title is amended to read as follows:
‘‘(a) LEASE AUTHORIZED.—(1) The Secretary con-
cerned may enter into contracts for the lease of housing
units that the Secretary determines are suitable for use
as military family housing or military unaccompanied
housing.
‘‘(2) The Secretary concerned shall utilize housing
units leased under paragraph (1) as military family hous-
ing or military unaccompanied housing, as appropriate.’’.
(c) REPEAL OF INTERIM LEASE AUTHORITY.—Sec-
tion 2879 of such title is repealed.
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(d) SPACE LIMITATIONS BY PAY GRADE.—Section
2880(b)(2) of such title is amended by striking ‘‘unless
the unit is located on a military installation’’.
(e) DEPARTMENT OF DEFENSE HOUSING FUND.—
(1) Section 2883 of such title is amended by striking sub-
sections (a), (b), and (c) inserting the following new sub-
sections (a) and (b):
‘‘(a) ESTABLISHMENT.—There is hereby established
on the books of the Treasury an account to be known as
the Department of Defense Housing Improvement Fund
(in this section referred to as the ‘Fund’).
‘‘(b) CREDITS TO FUND.—There shall be credited to
the Fund the following:
‘‘(1) Amounts authorized for and appropriated
to the Fund.
‘‘(2) Subject to subsection (e), any amounts
that the Secretary of Defense transfers, in such
amounts as are provided for in appropriation Acts,
to the Fund from amounts authorized and appro-
priated to the Department of Defense for the acqui-
sition or construction of military family housing or
military unaccompanied housing.
‘‘(3) Proceeds from the conveyance or lease of
property or facilities under section 2878 of this title
for the purpose of carrying out activities under this
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subchapter with respect to military family housing
or military unaccompanied housing.
‘‘(4) Income derived from any activities under
this subchapter with respect to military family hous-
ing or military unaccompanied housing, income and
gains realized from investments under section 2875
of this title, and any return of capital invested as
part of such investments.
‘‘(5) Any amounts that the Secretary of the
Navy transfers to the Fund pursuant to section
2814(i)(3) of this title, subject to the restrictions on
the use of the transferred amounts specified in that
section.’’.
(2) Such section is further amended—
(A) by redesignating subsections (d) through
(g) as (c) through (f), respectively;
(B) in subsection (c), as so redesignated—
(i) in the subsection heading, by striking
‘‘FUNDS’’ and inserting ‘‘FUND’’;
(ii) in paragraph (1)—
(I) by striking ‘‘subsection (e)’’ and
inserting ‘‘subsection (d)’’; and
(II) by striking ‘‘Department of De-
fense Family Housing Improvement Fund’’
and inserting ‘‘Fund’’;
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(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as
paragraph (2);
(C) in subsection (d), as so redesignated, by
striking ‘‘required to be used to satisfy the obliga-
tion’’;
(D) in subsection (e), as so redesignated, by
striking ‘‘a Fund under paragraph (1)(B) or (2)(B)
of subsection (c)’’ and inserting ‘‘the Fund under
subsection (b)(2)’’; and
(E) in subsection (f), as so redesignated—
(i) 
in 
paragraph 
(1), 
by 
striking
‘‘$850,000,000’’ 
and 
inserting
‘‘$1,700,000,000’’; and
(ii) 
in 
paragraph 
(2), 
by 
striking
‘‘$150,000,000’’ and inserting ‘‘$300,000,000’’.
(f) TRANSFER
OF UNOBLIGATED AMOUNTS.—(1)
The Secretary of Defense shall transfer to the Department
of Defense Housing Improvement Fund established under
section 2883(a) of title 10, United States Code (as amend-
ed by subsection (e)), any amounts in the Department of
Defense Family Housing Improvement Fund and the De-
partment of Defense Military Unaccompanied Housing
Improvement that remain available for obligation as of the
date of the enactment of this Act.
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(2) Amounts transferred to the Department of De-
fense Housing Improvement Fund under paragraph (1)
shall be merged with amounts in that Fund, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as other amounts in that Fund.
(g) CONFORMING AMENDMENTS.—(1) Paragraph (3)
of section 2814(i) of such title is amended—
(A) by striking subparagraph (A) and inserting
the following new subparagraph (A):
‘‘(A) The Secretary may transfer funds from the
Ford Island Improvement Account to the Department of
Defense Housing Improvement Fund established by sec-
tion 2883(a) of this title.’’; and
(B) in subparagraph (B), by striking ‘‘a fund’’
and inserting ‘‘the Fund’’.
(2) Section 2871(6) of such title is amended by strik-
ing ‘‘Department of Defense Family Housing Improve-
ment Fund or the Department of Defense Military Unac-
companied Housing Improvement Fund’’ and inserting
‘‘Department of Defense Housing Improvement Fund’’.
(3) Section 2875(e) of such title is amended by strik-
ing ‘‘Department of Defense Family Housing Improve-
ment Fund or the Department of Defense Military Unac-
companied Housing Improvement Fund’’ and inserting
‘‘Department of Defense Housing Improvement Fund’’.
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(h) CLERICAL AMENDMENTS.—(1) The section head-
ing for section 2874 of such title is amended to read as
follows:
‘‘§ 2874. Leasing of housing’’.
(2) The section heading for section 2883 of such title
is amended to read as follows:
‘‘§ 2883. Department of Defense Housing Improve-
ment Fund’’.
(3) The table of sections at the beginning subchapter
IV of chapter 169 of such title is amended—
(A) by striking the item relating to section
2874 and inserting the following new item:
‘‘2874. Leasing of housing.’’;
(B) by striking the item relating to section
2879; and
(C) by striking the item relating to section
2883 and inserting the following new item:
‘‘2883. Department of Defense Housing Improvement Fund.’’.
SEC. 2802. MODIFICATION OF AUTHORITY TO CARRY OUT
CONSTRUCTION PROJECTS AS PART OF ENVI-
RONMENTAL RESPONSE ACTION.
(a) AUTHORITY
TO CARRY OUT UNAUTHORIZED
PROJECTS.—Subsection (a) of section 2810 of title 10,
United States Code, is amended to read as follows:
‘‘(a) AUTHORITY TO CARRY OUT UNAUTHORIZED
CONSTRUCTION
PROJECTS.—The Secretary concerned
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may carry out a military construction project not other-
wise authorized by law if the Secretary determines that
the project is necessary to carry out a response under
chapter 160 of this title or the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).’’.
(b) CONGRESSIONAL NOTIFICATION.—Subsection (b)
of such section is amended by striking ‘‘(1)’’ and the first
sentence and inserting ‘‘CONGRESSIONAL
NOTIFICA-
TION.—(1) When a decision is made to carry out a mili-
tary construction project under this section that exceeds
the amount specified in section 2805(b)(1) of this title,
the Secretary concerned shall submit a report in writing
to the appropriate committees of Congress on that deci-
sion.’’.
(c) DEFINITION.—Subsection (c) of such section is
amended—
(1) by inserting ‘‘RESPONSE
DEFINED.—’’
after ‘‘(c)’’; and
(2) by striking ‘‘action’’.
SEC. 2803. LEASING OF MILITARY FAMILY HOUSING IN
KOREA.
Paragraph (3) of section 2828(e) of title 10, United
States Code, is amended to read as follows:
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‘‘(3) In addition to the 450 units of family housing
referred to in paragraph (1) for which the maximum lease
amount is $25,000 per unit per year, the Secretary of the
Army may lease in Korea—
‘‘(A) not more than 1,175 units of family hous-
ing subject to that maximum lease amount; and
‘‘(B) not more than 2,400 units of family hous-
ing subject to a maximum lease amount of $35,000
per unit per year.’’.
SEC. 2804. PILOT HOUSING PRIVATIZATION AUTHORITY
FOR ACQUISITION OR CONSTRUCTION OF
MILITARY UNACCOMPANIED HOUSING.
(a) IN GENERAL.—(1) Subchapter IV of chapter 169
of title 10, United States Code, is amended by inserting
after section 2881 the following new section:
‘‘§ 2881a. Pilot projects for acquisition or construc-
tion of military unaccompanied housing
‘‘(a) PILOT PROJECTS AUTHORIZED.—The Secretary
of the Navy may carry out not more than 3 pilot projects
under the authority of this section or another provision
of this subchapter to use the private sector for the acquisi-
tion or construction of military unaccompanied housing in
the United States, including any territory or possession
of the United States.
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‘‘(b) ASSIGNMENT OF MEMBERS AND BASIC ALLOW-
ANCE FOR HOUSING.—(1) The Secretary of the Navy may
assign members of the armed forces to housing units ac-
quired or constructed under the pilot projects, and such
housing units shall be considered as quarters of the United
States or a housing facility under the jurisdiction of a uni-
formed service for purposes of section 403 of title 37.
‘‘(2) Notwithstanding section 403(n)(2) of title 37,
the Secretary of Defense may set specific higher rates of
partial basic allowance for housing for a member of the
armed forces who is assigned to a housing unit acquired
or constructed under the pilot projects. Any increase in
the rate of partial basic allowance for housing to accom-
modate the pilot programs shall be in addition to any par-
tial basic allowance for housing that the member may oth-
erwise be eligible to receive under section 403(n) of title
37. A member may not sustain a reduction in partial basic
allowance for housing as a result of assignment to a hous-
ing unit acquired or constructed under the pilot projects.
‘‘(c) FUNDING.—(1) The Department of Defense
Housing Improvement Fund shall be used to carry out ac-
tivities under the pilot projects.
‘‘(2) Subject to 90 days prior notification to the ap-
propriate committees of Congress, such additional
amounts as the Secretary of Defense considers necessary
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may be transferred to the Department of Defense Housing
Improvement Fund from amounts appropriated for con-
struction of military unaccompanied housing projects in
military construction accounts. The amounts so trans-
ferred shall be merged with and to be available for the
same purposes and for the same period of time as amounts
appropriated directly to the Fund.
‘‘(d) REPORTS.—(1) The Secretary of the Navy shall
transmit to the appropriate committees of Congress a re-
port describing—
‘‘(A) each contract for the acquisition of mili-
tary unaccompanied housing that the Secretary pro-
poses to solicit under the pilot projects;
‘‘(B) each conveyance or lease proposed under
section 2878 of this title in furtherance of the pilot
projects; and
‘‘(C) the proposed partial basic allowance for
housing rates for each contract as they vary by
grade of the member and how they compare to basic
allowance for housing rates for other contracts writ-
ten under the authority of the pilot programs.
‘‘(2) The report shall describe the proposed contract,
conveyance, or lease and the intended method of participa-
tion of the United States in the contract, conveyance, or
lease and provide a justification of such method of partici-
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pation. The report shall be submitted not later than 90
days before the date on which the Secretary issues the
contract solicitation or offers the conveyance or lease.
‘‘(e) EXPIRATION.—Notwithstanding section 2885 of
this title, the authority of the Secretary of the Navy to
enter into a contract under the pilot programs shall expire
September 30, 2007.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by inserting after the item relating
to section 2881 the following new item:
‘‘2881a. Pilot projects for acquisition or construction of military unaccompanied
housing.’’.
(b) CONFORMING AMENDMENT.—Section 2871(7) of
title 10, United States Code, is amended by inserting be-
fore the period at the end the following: ‘‘and transient
housing intended to be occupied by members of the armed
forces on temporary duty’’.
Subtitle B—Real Property and
Facilities Administration
SEC. 2811. AGREEMENTS WITH PRIVATE ENTITIES TO LIMIT
ENCROACHMENTS AND OTHER CONSTRAINTS
ON MILITARY TRAINING, TESTING, AND OP-
ERATIONS.
(a) IN GENERAL.—Chapter 159 of title 10, United
States Code, is amended by inserting after section 2684
the following new section:
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‘‘§ 2684a. Agreements to limit encroachments and
other constraints on military training,
testing, and operations
‘‘(a) AGREEMENTS AUTHORIZED.—The Secretary of
a military department may enter into an agreement with
a private entity described in subsection (b) to address the
use or development of real property in the vicinity of a
military installation for purposes of—
‘‘(1) limiting any development or use of the
property that would otherwise be incompatible with
the mission of the installation; or
‘‘(2) preserving habitat on the property in a
manner that is compatible with both—
‘‘(A) current or anticipated environmental
restrictions that would or might otherwise re-
strict, impede, or otherwise interfere, whether
directly or indirectly, with current or antici-
pated military training, testing, or operations
on the installation; and
‘‘(B) current or anticipated military train-
ing, testing, or operations on the installation.
‘‘(b) COVERED PRIVATE ENTITIES.—A private entity
referred to in subsection (a) is any private entity that has
as its stated principal organizational purpose or goal the
conservation, restoration, or preservation of land and nat-
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ural resources, or a similar purpose or goal, as determined
by the Secretary concerned.
‘‘(c) INAPPLICABILITY OF CERTAIN CONTRACT RE-
QUIREMENTS.—Chapter 63 of title 31 shall not apply to
any agreement entered into under this section.
‘‘(d) ACQUISITION AND ACCEPTANCE OF PROPERTY
AND INTERESTS.—(1) An agreement with a private entity
under this section—
‘‘(A) may provide for the private entity to ac-
quire all right, title, and interest in and to any real
property, or any lesser interest in the property, as
may be appropriate for purposes of this section; and
‘‘(B) shall provide for the private entity to
transfer to the United States, upon the request of
the United States, any property or interest so ac-
quired.
‘‘(2) Property or interests may not be acquired pursu-
ant to an agreement under this section unless the owner
of the property or interests, as the case may be, consents
to the acquisition.
‘‘(3) An agreement under this section providing for
the acquisition of property or interests under paragraph
(1)(A) shall provide for the sharing by the United States
and the private entity concerned of the costs of the acqui-
sition of the property or interests.
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‘‘(4) The Secretary concerned shall identify any prop-
erty or interests to be acquired pursuant to an agreement
under this section. The property or interests shall be lim-
ited to the minimum property or interests necessary to en-
sure that the property concerned is developed and used
in a manner appropriate for purposes of this section.
‘‘(5) Notwithstanding any other provision of law, the
Secretary concerned may accept on behalf of the United
States any property or interest to be transferred to the
United States under paragraph (1)(B).
‘‘(6) The Secretary concerned may, for purposes of
the acceptance of property or interests under this sub-
section, accept an appraisal or title documents prepared
or adopted by a non-Federal entity as satisfying the appli-
cable requirements of section 301 of the Uniform Reloca-
tion Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4651) or section 355 of the Revised
Statutes (40 U.S.C. 255) if the Secretary finds that the
appraisal or title documents substantially comply with the
requirements.
‘‘(e) ACQUISITION OF WATER RIGHTS.—The author-
ity of the Secretary of a military department to enter into
an agreement under subsection (a) for the acquisition of
real property (or an interest therein) includes the author-
ity to support the purchase of water rights from any avail-
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able source when necessary to support or protect the mis-
sion of a military installation.
‘‘(f) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary concerned may require such additional terms
and conditions in an agreement under this section as the
Secretary considers appropriate to protect the interests of
the United States.
‘‘(g) FUNDING.—(1) Except as provided in para-
graph (2), funds authorized to be appropriated for oper-
ation and maintenance of the Army, Navy, Marine Corps,
Air Force, or Defense-wide activities, including funds au-
thorized to be appropriated for the Legacy Resources
Management Program, may be used to enter into agree-
ments under this section.
‘‘(2) In the case of a military installation operated
primarily with funds authorized to be appropriated for re-
search, development, test, and evaluation, funds author-
ized to be appropriated for the Army, Navy, Marine Corps,
Air Force, or Defense-wide activities for research, develop-
ment, test, and evaluation may be used to enter into agree-
ments under this section with respect to the installation.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 2684 the following new
item:
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‘‘2684a. Agreements to limit encroachments and other constraints on military
training, testing, and operations.’’.
SEC. 2812. CONVEYANCE OF SURPLUS REAL PROPERTY
FOR NATURAL RESOURCE CONSERVATION
PURPOSES.
(a) CONVEYANCE AUTHORITY.—(1) Chapter 159 of
title 10, United States Code, is amended by inserting after
section 2694 the following new section:
‘‘§ 2694a. Conveyance of surplus real property for
natural resource conservation
‘‘(a) AUTHORITY TO CONVEY.—The Secretary of a
military department may convey to an eligible recipient de-
scribed in subsection (b) any surplus real property that—
‘‘(1) is under the administrative control of the
Secretary;
‘‘(2) is suitable and desirable for conservation
purposes;
‘‘(3) has been made available for public benefit
transfer for a sufficient period of time to potential
claimants; and
‘‘(4) is not subject to a pending request for
transfer to another Federal agency or for conveyance
to any other qualified recipient for public benefit
transfer under the real property disposal processes
and authorities established pursuant to the Federal
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that made the conveyance and subject to the same
covenants and terms and conditions as provided in
the deed from the United States; and
‘‘(B) to conduct incidental revenue-producing
activities on the property that are compatible with
the use of the property for conservation purposes.
‘‘(3) The deed of conveyance may contain such addi-
tional terms, reservations, restrictions, and conditions as
the Secretary of the military department considers appro-
priate to protect the interests of the United States.
‘‘(d) RELEASE OF COVENANTS.—The Secretary of
the military department that conveys real property under
subsection (a), with the concurrence of the Secretary of
Interior, may grant a release from a covenant included
in the deed of conveyance of the property under subsection
(c) on the condition that the recipient of the property pay
the fair market value, as determined by the Secretary of
the military department, of the property at the time of
the release of the covenant. The Secretary of the military
department may reduce the amount required to be paid
under this subsection to account for the value of the nat-
ural resource conservation benefit that has accrued to the
United States during the period the covenant was in ef-
fect, if the benefit was not taken into account in deter-
mining the original consideration for the conveyance.
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‘‘(e) LIMITATIONS.—A conveyance under subsection
(a) shall not be used in settlement of any litigation, dis-
pute, or claim against the United States, or as a condition
of allowing any defense activity under any Federal, State,
or local permitting or review process. The Secretary of a
military department may make a conveyance under sub-
section (a), with the restrictions specified in subsection
(c), to establish a mitigation bank, but only if the estab-
lishment of the mitigation bank does not occur in order
to satisfy any condition for permitting military activity
under a Federal, State, or local permitting or review proc-
ess.
‘‘(f) CONSIDERATION.—In fixing the consideration
for the conveyance of real property under subsection (a)
or in determining the amount of any reduction of the
amount to be paid for the release of a covenant under sub-
section (d), the Secretary of the military department con-
cerned shall take into consideration any benefit that has
accrued or may accrue to the United States from the use
of such property for the conservation of natural resources.
‘‘(g) RELATION TO OTHER CONVEYANCE AUTHORI-
TIES.—(1) The Secretary of a military department may
not make a conveyance under this section of any real prop-
erty to be disposed of under a base closure law in a man-
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ner that is inconsistent with the requirements and condi-
tions of the base closure law.
‘‘(2) In the case of real property on Guam, the Sec-
retary of a military department may not make a convey-
ance under this section unless the Government of Guam
has been first afforded the opportunity to acquire the real
property as authorized by section 1 of Public Law 106–
504 (114 Stat. 2309).
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘State’ includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Marianas, and the
territories and possessions of the United States.
‘‘(2) The term ‘base closure law’ means the following:
‘‘(A) Section 2687 of this title.
‘‘(B) Title II of the Defense Authorization
Amendments and Base Closure and Realign-
ment Act of 1988 (10 U.S.C. 2687 note).
‘‘(C) The Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).
‘‘(D) Any other similar authority for the
closure or realignment of military installations
that is enacted after the date of the enactment
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of the National Defense Authorization Act for
Fiscal Year 2003.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 2694 the following new item:
‘‘2694a. Conveyance of surplus real property for natural resource conservation.’’.
(b) ACCEPTANCE OF FUNDS TO COVER ADMINISTRA-
TIVE EXPENSES.—Section 2695(b) of such title is amend-
ed by adding at the end the following new paragraph:
‘‘(5) The conveyance of real property under sec-
tion 2694a of this title.’’.
(c) AGREEMENTS WITH NONPROFIT NATURAL RE-
SOURCE
CONSERVATION
ORGANIZATIONS.—Section
2701(d) of such title is amended—
(1) in paragraph (1), by striking ‘‘with any
State or local government agency, or with any In-
dian tribe,’’ and inserting ‘‘any State or local gov-
ernment agency, any Indian tribe, or any nonprofit
conservation organization’’; and
(2) by striking paragraph (3) and inserting the
following new paragraph:
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘Indian tribe’ has the
meaning given such term in section 101(36) of
Comprehensive Environmental Response, Com-
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pensation, and Liability Act of 1980 (42 U.S.C.
9601(36)).
‘‘(B) The term ‘nonprofit conservation or-
ganization’ means any non-governmental non-
profit organization whose primary purpose is
conservation of open space or natural re-
sources.’’.
SEC. 2813. NATIONAL EMERGENCY EXEMPTION FROM
SCREENING AND OTHER REQUIREMENTS OF
MCKINNEY-VENTO 
HOMELESS 
ASSISTANCE
ACT FOR PROPERTY USED IN SUPPORT OF
RESPONSE ACTIVITIES.
Section 501 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11411) is amended—
(1) by redesignating subsection (i) as subsection
(j); and
(2) by inserting after subsection (h) the fol-
lowing new subsection (i):
‘‘(i) APPLICABILITY TO CERTAIN PROPERTY DURING
EMERGENCIES.—The screening requirements and other
provisions of this section shall not apply to any property
that is excess property or surplus property or that is de-
scribed as unutilized or underutilized property if the prop-
erty is subject to a request for conveyance or use for the
purpose of directly supporting activities in response to—
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‘‘(1) a war or national emergency declared in
accordance with the National Emergencies Act (50
U.S.C. 1601 et seq.); or
‘‘(2) an emergency or major disaster declared in
accordance with the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).’’.
SEC. 2814. DEMONSTRATION PROGRAM ON REDUCTION IN
LONG-TERM FACILITY MAINTENANCE COSTS.
(a) PROGRAM AUTHORIZED.—The Secretary of De-
fense may conduct a demonstration program to assess the
feasibility and desirability of including facility mainte-
nance requirements in construction contracts for military
construction projects for the purpose of determining
whether such requirements facilitate reductions in the
long-term facility maintenance costs of the military de-
partments.
(b) CONTRACTS.—Not more than 12 contracts may
contain requirements referred to in subsection (a) for the
purpose of the demonstration program under this section.
The demonstration program may only cover contracts en-
tered into on or after the date of the enactment of this
Act.
(c) EFFECTIVE PERIOD OF REQUIREMENTS.—The
effective period of a requirement referred to in subsection
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(a) that is included in a contract for the purpose of the
demonstration program under this program may not ex-
ceed five years.
(d) REPORTING REQUIREMENTS.—Not later than
January 31, 2005, the Secretary of Defense shall submit
to Congress a report on the demonstration program au-
thorized by this section and the related Department of the
Army demonstration program authorized by section 2814
of the Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107–107; 115 Stat.
1310; 10 U.S.C. 2809 note), including the following:
(1) A description of all contracts entered into
under the demonstration programs.
(2) An evaluation of the demonstration pro-
grams and a description of the experience of the
Secretary of Defense and the Secretary of the Army
respect to such contracts.
(3) 
Any 
recommendations, 
including 
rec-
ommendations for the termination, continuation, or
expansion of the demonstration programs, that the
Secretary of Defense or the Secretary of the Army
considers appropriate.
(e) EXPIRATION.—The authority under subsection
(a) to include requirements referred to in that subsection
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in contracts under the demonstration program under this
section shall expire on September 30, 2006.
(f) FUNDING.—Amounts authorized to be appro-
priated for a fiscal year for military construction shall be
available for the demonstration program under this section
in such fiscal year.
(g) CONFORMING AMENDMENT.—Section 2814 of the
Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107–107; 115 Stat. 1310;
10 U.S.C. 2809 note) is amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
SEC. 2815. EXPANDED AUTHORITY TO TRANSFER PROP-
ERTY AT MILITARY INSTALLATIONS TO BE
CLOSED TO PERSONS WHO CONSTRUCT OR
PROVIDE MILITARY FAMILY HOUSING.
(a) 1988 LAW.—Section 204(e)(1) of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 2687
note) is amended by striking the last sentence.
(b) 1990 LAW.—Section 2905(f)(1) of the Defense
Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is
amended by striking the last sentence.
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Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2821. LAND CONVEYANCES, LANDS IN ALASKA NO
LONGER REQUIRED FOR NATIONAL GUARD
PURPOSES.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey to an eligible entity described sub-
section (b) all right, title, and interest of the United States
in and to any parcel of real property, including any im-
provements thereon, in the State of Alaska described in
subsection (c) if the Secretary determines the conveyance
would be in the public interest.
(b) ELIGIBLE RECIPIENTS.—The following entities
shall be eligible to receive real property under subsection
(a):
(1) The State of Alaska.
(2) A governmental entity in the State of Alas-
ka.
(3) A Native Corporation (as defined in section
3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)).
(4) The Metlakatla Indian Community.
(c) COVERED PROPERTY.—Subsection (a) applies to
real property located in the State of Alaska that—
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(1) is under the jurisdiction of the Department
of the Army and, before December 2, 1980, was
under such jurisdiction for the use of the Alaska Na-
tional Guard;
(2) is located in a unit of the National Wildlife
Refuge System designated in the Alaska National
Interest Lands Conservation Act (Public Law 96–
487; 16 U.S.C. 668dd note);
(3) is excess to the needs of the Alaska Na-
tional Guard and the Department of Defense; and
(4) the Secretary determines that—
(A) the anticipated cost to the United
States of retaining the property exceeds the
value of such property; or
(B) the condition of the property makes it
unsuitable for retention by the United States.
(d) CONSIDERATION.—The conveyance of real prop-
erty under this section shall, at the election of the Sec-
retary, be for no consideration or for consideration in an
amount determined by the Secretary to be appropriate
under the circumstances.
(e) USE OF CONSIDERATION.—If consideration is re-
ceived for the conveyance of real property under sub-
section (a), the Secretary may use the amounts received,
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in such amounts as are provided in appropriations Acts,
to pay for—
(1) the cost of a survey described in subsection
(f) with respect to the property;
(2) the cost of carrying out any environmental
assessment, study, or analysis, and any remediation,
that may be required under Federal law, or is con-
sidered appropriate by the Secretary, in connection
with the property or the conveyance of the property;
and
(3) any other costs incurred by the Secretary in
conveying the property.
(f) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of any real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary.
(g) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with a conveyance of real property
under this section as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2822. LAND CONVEYANCE, FORT CAMPBELL, KEN-
TUCKY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the City
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of Hopkinsville, Kentucky, all right, title, and interest of
the United States in and to a parcel of real property at
Fort Campbell, Kentucky, consisting of approximately 50
acres and containing an abandoned railroad spur for the
purpose of permitting the City to use the property for
storm water management, recreation, transportation, and
other public purposes.
(b) DESCRIPTION OF PROPERTY.—The acreage of
the real property to be conveyed under subsection (a) has
been determined by the Secretary through a legal descrip-
tion outlining such acreage. No further survey of the prop-
erty before transfer is necessary.
(c) 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.
SEC. 2823. LAND CONVEYANCE, ARMY RESERVE TRAINING
CENTER, BUFFALO, MINNESOTA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Buf-
falo Independent School District 877 of Buffalo, Min-
nesota (in this section referred to as the ‘‘School Dis-
trict’’), all right, title, and interest of the United States
in and to a parcel of real property, including improve-
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ments thereon, that is located at 800 8th Street, N.E.,
in Buffalo, Minnesota, and contains a former Army Re-
serve Training Center, which is being used by the School
District as the site of the Phoenix Learning Center.
(b) 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 School District.
(c) 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.
SEC. 2824. LAND CONVEYANCE, FORT BLISS, TEXAS
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Coun-
ty of El Paso, Texas (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 im-
provements thereon, consisting of approximately 44 acres
at Fort Bliss, Texas, for the purpose of facilitating the
construction by the State of Texas of a nursing home for
veterans of the Armed Forces.
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(b) REVERSIONARY INTEREST.—If, at the end of the
five-year period beginning on the date the Secretary makes
the conveyance under subsection (a), the Secretary deter-
mines that a nursing home for veterans is not in operation
on the conveyed real property, all right, title, and interest
in and to the property, including any improvements there-
on, shall revert to the United States, and the United
States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this
subsection shall be made on the record after an oppor-
tunity for a hearing.
(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
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2825. LAND CONVEYANCE, FORT HOOD, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Vet-
erans Land Board of the State of Texas (in this section
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referred to as the ‘‘Board’’), all right, title, and interest
of the United States in and to a parcel of real property,
including any improvements thereon, consisting of ap-
proximately 174 acres at Fort Hood, Texas, for the pur-
pose of permitting the Board to establish a State-run cem-
etery for veterans.
(b) 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 Board.
(c) 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.
SEC. 2826. LAND CONVEYANCE, FORT MONMOUTH, NEW
JERSEY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey by sale all right, title, and interest
of the United States in and to a parcel of land, consisting
of approximately 63.95 acres of military family housing
known as Howard Commons, that comprises a portion of
Fort Monmouth, New Jersey.
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(b) COMPETITIVE BID REQUIREMENT.—The Sec-
retary shall use competitive procedures for the sale author-
ized by subsection (a).
(c) CONSIDERATION.—As consideration for the con-
veyance authorized under subsection (a), the recipient of
the land shall pay an amount that is no less than fair
market value, as determined by the Secretary. Such recipi-
ent may, as in-kind consideration, build replacement mili-
tary family housing or rehabilitate existing military family
housing at Fort Monmouth, New Jersey, as agreed upon
by the Secretary. Any proceeds received by the Secretary
not used to construct or rehabilitate such military family
housing shall be deposited in the special account in the
Treasury established pursuant to section 204(h) of the
Federal property and Administrative Services Act of 1949
(40 U.S.C. 485(h)).
(d) DESCRIPTION OF PARCEL.—The exact acreage
and legal description of the parcel to be conveyed under
subsection (a) shall be determined by a survey that is sat-
isfactory to the Secretary. The cost of the survey shall be
borne by the recipient of the parcel.
(e) 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.
PART II—NAVY CONVEYANCES
SEC. 2831. LAND CONVEYANCE, MARINE CORPS AIR STA-
TION, MIRAMAR, SAN DIEGO, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Navy may convey to the ENPEX Corporation, Incor-
porated (in this section referred to as the ‘‘Corporation’’),
all right, title, and interest of the United States in and
to a parcel of real property, including any improvements
thereon, at Marine Corps Air Station Miramar, San
Diego, California, consisting of approximately 60 acres
and appurtenant easements and any other necessary inter-
ests in real property for the purpose of permitting the Cor-
poration to use the property for the production of electric
power and related ancillary activities.
(b) CONSIDERATION.—(1) As consideration for the
conveyance under subsection (a), the Corporation shall—
(A) convey to the United States all right, title,
and interest of the Corporation in and to a parcel
of real property in the San Diego area that is suit-
able for military family housing, as determined by
the Secretary; and
(B) if the parcel conveyed under subparagraph
(A) does not contain housing units suitable for use
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as military family housing, design and construct
such military family housing units and supporting
facilities as the Secretary considers appropriate.
(2) The total combined value of the real property and
military family housing conveyed by the Corporation under
this subsection shall be at least equal to the fair market
value of the real property conveyed to the Secretary under
subsection (a), including any severance costs arising from
any diminution of the value or utility of other property
at Marine Corps Air Station Miramar attributable to the
prospective future use of the property conveyed under sub-
section (a).
(3) The Secretary shall determine the fair market
value of the real property to be conveyed under subsection
(a) and the fair market value of the consideration to be
provided under this subsection. Such determinations shall
be final.
(c) REVERSIONARY INTEREST.—(1) Subject to para-
graph (2), if the Secretary determines at any time that
the property conveyed under subsection (a) is not being
used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest
in and to the property, including any improvements there-
on, shall revert, at the option of the Secretary, to the
United States, and the United States shall have the right
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of immediate entry onto the property. Any determination
of the Secretary under this subsection shall be made on
the record after an opportunity for a hearing.
(2) If Marine Corps Air Station Miramar is no longer
used as a Federal aviation facility, paragraph (1) shall no
longer apply, and the Secretary shall release, without con-
sideration, the reversionary interest retained by the
United States under such paragraph.
(d) ADMINISTRATIVE EXPENSES.—(1) The Corpora-
tion shall make funds available to the Secretary to cover
costs to be incurred by the Secretary, or reimburse the
Secretary for costs incurred, to carry out the conveyance
under subsection (a), including survey costs, costs related
to environmental documentation, and other administrative
costs related to the conveyance. This paragraph does not
apply to costs associated with the removal of explosive ord-
nance from the parcel and environmental remediation of
the parcel.
(2) Section 2695(c) of title 10 United States Code,
shall apply to any amount received under paragraph (1).
If the amounts received in advance under such paragraph
exceed the costs actually incurred by the Secretary, the
Secretary shall refund the excess amount to the Corpora-
tion.
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(e) DESCRIPTIONS OF PROPERTY.—The exact acre-
age and legal descriptions of the real property to be con-
veyed by the Secretary under subsection (a) and the prop-
erty to be conveyed by the Corporation under subsection
(b) shall be determined by a survey satisfactory to the Sec-
retary.
(f) EXEMPTIONS.—Section 2696 of title 10, United
States Code, does not apply to the conveyance authorized
by subsection (a), and the authority to make the convey-
ance shall not be considered to render the property excess
or underutilized.
(g) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyances authorized by
this section as the Secretary considers appropriate to pro-
tect the interests of the United States.
SEC. 2832. BOUNDARY ADJUSTMENTS, MARINE CORPS
BASE, QUANTICO, AND PRINCE WILLIAM FOR-
EST PARK, VIRGINIA.
(a) 
BOUNDARY
ADJUSTMENTS
AND
RELATED
TRANSFERS.—(1) The Secretary of the Navy and the Sec-
retary of the Interior shall adjust the boundaries of Ma-
rine Corps Base, Quantico, Virginia, and Prince William
Forest Park, Virginia, to conform to the boundaries de-
picted on the map entitled ‘‘Map Depicting Boundary Ad-
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justments Proposed With March 10, 1998, MOU Between
Prince William Forest Park and Marine Corps Base
Quantico’’.
(2) As part of the boundary adjustment, the Sec-
retary of the Navy shall transfer, without reimbursement,
to the administrative jurisdiction of the Secretary of the
Interior approximately 352 acres of land, as depicted on
the map, and the Secretary of the Interior shall retain ad-
ministrative jurisdiction over approximately 1,034 acres of
land, which is a portion of the Department of Interior land
commonly known as the Quantico Special Use Permit
Land.
(3) As part of the boundary adjustment, the Sec-
retary of the Interior shall transfer, without reimburse-
ment, to the administrative jurisdiction of the Secretary
of the Navy approximately 3398 acres of land, as depicted
on the map.
(b) EFFECT
OF
SUBSEQUENT
DETERMINATION
PROPERTY IS EXCESS.—(1) If land transferred or re-
tained under paragraph (2) or (3) of subsection (a) is sub-
sequently determined to be excess to the needs of the Fed-
eral agency that received or retained the land, the head
of that Federal agency shall offer to return administrative
jurisdiction over the land, without reimbursement, to the
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Federal agency from which the land was received or re-
tained.
(2) If the offer under paragraph (1) is not accepted
within 90 days or is otherwise rejected, the head of the
Federal agency holding the land may proceed to dispose
of the land under then current law and regulations gov-
erning the disposal of excess property.
PART III—AIR FORCE CONVEYANCES
SEC. 2841. LAND CONVEYANCES, WENDOVER AIR FORCE
BASE AUXILIARY FIELD, NEVADA.
(a) 
CONVEYANCES
AUTHORIZED
TO
WEST
WENDOVER, NEVADA.—(1) The Secretary of the Interior
may convey, without consideration, to the City of West
Wendover, Nevada, all right, title, and interest of the
United States in and to the following:
(A) The lands at Wendover Air Force Base
Auxiliary Field, Nevada, identified in Easement No.
AFMC–HL–2–00–334 that are determined by the
Secretary of the Air Force to be no longer required
for Air Force purposes.
(B) The lands at Wendover Air Force Base
Auxiliary Field identified for disposition on the map
entitled ‘‘West Wendover, Nevada–Excess’’, dated
January 5, 2001, that are determined by the Sec-
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retary of the Air Force to be no longer required for
Air Force purposes.
(2) The purposes of the conveyances under this sub-
section are—
(A) to permit the establishment and mainte-
nance of runway protection zones; and
(B) to provide for the development of an indus-
trial park and related infrastructure.
(3) The map referred to in paragraph (1)(B) shall
be on file and available for public inspection in the offices
of the Director of the Bureau of Land Management and
the Elko District Office of the Bureau of Land Manage-
ment.
(b) CONVEYANCE AUTHORIZED TO TOOELE COUNTY,
UTAH.—(1) The Secretary of the Interior may convey,
without consideration, to Tooele County, Utah, all right,
title, and interest of the United States in and to the lands
at Wendover Air Force Base Auxiliary Field identified in
Easement No. AFMC–HL–2–00–318 that are determined
by the Secretary of the Air Force to be no longer required
for Air Force purposes.
(2) The purpose of the conveyance under this sub-
section is to permit the establishment and maintenance
of runway protection zones and an aircraft accident poten-
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tial protection zone as necessitated by continued military
aircraft operations at the Utah Test and Training Range.
(c) PHASED CONVEYANCES.—The land conveyances
authorized by subsections (a) and (b) may be conducted
in phases. To the extent practicable, the first phase of the
conveyances should involve at least 3,000 acres.
(d) MANAGEMENT
OF
CONVEYED
LANDS.—The
lands conveyed under subsections (a) and (b) shall be
managed by the City of West Wendover, Nevada, City of
Wendover, Utah, Tooele County, Utah, and Elko County,
Nevada—
(1) in accordance with the provisions of an
Interlocal Memorandum of Agreement entered into
between the Cities of West Wendover, Nevada, and
Wendover, Utah, Tooele County, Utah, and Elko
County, Nevada, providing for the coordinated man-
agement and development of the lands for the eco-
nomic benefit of both communities; and
(2) in a manner that is consistent with such
provisions of the easements referred to subsections
(a) and (b) that, as jointly determined by the Sec-
retary of the Air Force and Secretary of the Inte-
rior, remain applicable and relevant to the operation
and management of the lands following conveyance
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and are consistent with the provisions of this sec-
tion.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Air Force and the Secretary of the Inte-
rior may jointly require such additional terms and condi-
tions in connection with the conveyances required by sub-
sections (a) and (b) as the Secretaries consider appro-
priate to protect the interests of the United States.
Subtitle D—Other Matters
SEC. 2861. EASEMENT FOR CONSTRUCTION OF ROADS OR
HIGHWAYS, MARINE CORPS BASE, CAMP PEN-
DLETON, CALIFORNIA.
Section 2851(a) of the Military Construction Author-
ization Act for Fiscal Year 1999 (division B of Public Law
105–261; 112 Stat. 2219), as amended by section 2867
of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107–107; 115 Stat. 1334) is amended
in the first sentence by striking ‘‘easement to construct’’
and all that follows through the period at the end and
inserting ‘‘easement to construct, operate, and maintain
a restricted access highway, notwithstanding any provision
of State law that would otherwise prevent the Secretary
from granting the easement or the Agency from con-
structing, operating, or maintaining the restricted access
highway.’’.
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SEC. 2862. SALE OF EXCESS TREATED WATER AND WASTE-
WATER 
TREATMENT 
CAPACITY, 
MARINE
CORPS BASE, CAMP LEJEUNE, NORTH CARO-
LINA.
(a) SALE AUTHORIZED.—The Secretary of the Navy
may provide to Onslow County, North Carolina, or any
authority or political subdivision organized under the laws
of North Carolina to provide public water or sewage serv-
ices in Onslow County (in this section referred to as the
‘‘County’’), treated water and wastewater treatment serv-
ices from facilities at Marine Corps Base, Camp Lejeune,
North Carolina, if the Secretary determines that the provi-
sion of these utility services is in the public interest and
will not interfere with current or future operations at
Camp Lejeune.
(b) 
INAPPLICABILITY
OF
CERTAIN
REQUIRE-
MENTS.—Section 2686 of title 10, United States Code,
shall not apply to the provision of public water or sewage
services authorized by subsection (a).
(c) CONSIDERATION.—As consideration for the re-
ceipt of public water or sewage services under subsection
(a), the County shall pay to the Secretary an amount (in
cash or in kind) equal to the fair market value of the serv-
ices. Amounts received in cash shall be credited to the base
operation and maintenance accounts of Camp Lejeune.
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(d) EXPANSION.—The Secretary may make minor ex-
pansions and extensions and permit connections to the
public water or sewage systems of the County in order
to furnish the services authorized under subsection (a).
The Secretary shall restrict the provision of services to the
County to those areas in the County where residential de-
velopment would be compatible with current and future
operations at Camp Lejeune.
(e) ADMINISTRATIVE
EXPENSES.—The Secretary
may require the County to reimburse the Secretary for
the costs incurred by the Secretary to provide public water
or sewage services to the County under subsection (a).
(2) Section 2695(c) of title 10 United States Code,
shall apply to any amount received under this subsection.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the provision of public water or sewage
services under this section as the Secretary considers ap-
propriate to protect the interests of the United States.
SEC. 2863. RATIFICATION OF AGREEMENT REGARDING
ADAK NAVAL COMPLEX, ALASKA, AND RE-
LATED LAND CONVEYANCES.
(a) RATIFICATION OF AGREEMENT.—The document
entitled the ‘‘Agreement Concerning the Conveyance of
Property at the Adak Naval Complex’’, and dated Sep-
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tember 20, 2000, executed by the Aleut Corporation, the
Department of the Interior, and the Department of the
Navy, together with any technical amendments or modi-
fications to the boundaries that may be agreed to by the
parties, is hereby ratified, confirmed, and approved and
the terms, conditions, procedures, covenants, reservations,
indemnities and other provisions set forth in the Agree-
ment are declared to be obligations and commitments of
the United States as a matter of Federal law. Modifica-
tions to the maps and legal descriptions of lands to be
removed from the National Wildlife Refuge System within
the military withdrawal on Adak Island set forth in Public
Land Order 1949 may be made only upon agreement of
all Parties to the Agreement and notification given to the
Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of
the Senate. The acreage conveyed to the United States
by the Aleut Corporation under the Agreement, as modi-
fied, shall be at least 36,000 acres.
(b) REMOVAL OF LANDS FROM REFUGE.—Effective
on the date of conveyance to the Aleut Corporation of the
Adak Exchange Lands as described in the Agreement, all
such lands shall be removed from the National Wildlife
Refuge System and shall neither be considered as part of
the Alaska Maritime National Wildlife Refuge nor subject
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to any laws pertaining to lands within the boundaries of
the Alaska Maritime National Wildlife Refuge. The con-
veyance restrictions imposed by section 22(g) of the Alas-
ka Native Claims Settlement Act (43 U.S.C. 1621(g)) for
land in the National Wildlife Refuge System shall not
apply. The Secretary shall adjust the boundaries of the
Refuge so as to exclude all interests in lands and land
rights, surface and subsurface, received by the Aleut Cor-
poration in accordance with this section and the Agree-
ment.
(c) RELATION TO ALASKA NATIVE CLAIMS SETTLE-
MENT ACT.—Lands and interests therein exchanged and
conveyed by the United States pursuant to this section
shall be considered and treated as conveyances of lands
or interests therein under the Alaska Native Claims Set-
tlement Act, except that receipt of such lands and inter-
ests therein shall not constitute a sale or disposition of
land or interests received pursuant to such Act. The public
easements for access to public lands and waters reserved
pursuant to the Agreement are deemed to satisfy the re-
quirements and purposes of section 17(b) of the Alaska
Native Claims Settlement Act.
(d) REACQUISITION AUTHORITY.—The Secretary of
the Interior is authorized to acquire by purchase or ex-
change, on a willing seller basis only, any land conveyed
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to the Aleut Corporation under the Agreement and this
section. In the event any of the lands are subsequently
acquired by the United States, they shall be automatically
included in the National Wildlife Refuge System. The laws
and regulations applicable to refuge lands shall then apply
to these lands and the Secretary shall then adjust the
boundaries accordingly.
(e) CONVEYANCE OF NAVY PERSONAL PROPERTY.—
Notwithstanding any other provision of law, and for the
purposes of the transfer of property authorized by this sec-
tion, Department of Navy personal property that remains
on Adak Island is deemed related to the real property and
shall be conveyed by the Department of the Navy to the
Aleut Corporation, at no additional cost, when the related
real property is conveyed by the Department of the Inte-
rior.
(f) ADDITIONAL CONVEYANCE.—The Secretary of
the Interior shall convey to the Aleut Corporation those
lands identified in the Agreement as the former landfill
sites without charge to the Aleut Corporation’s entitle-
ment under the Alaska Native Claims Settlement Act.
(g) VALUATION.—For purposes of section 21(c) of
the Alaska Native Claims Settlement Act, the receipt of
all property by the Aleut Corporation shall be entitled to
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a tax basis equal to fair value on date of transfer. Fair
value shall be determined by replacement cost appraisal.
(h) CERTAIN PROPERTY TREATED AS NOT DEVEL-
OPED.—Any property, including, but not limited to, ap-
purtenances and improvements, received pursuant to this
section shall, for purposes of section 21(d) of the Alaska
Native Claims Settlement Act and section 907(d) of the
Alaska National Interest Lands Conservation Act be treat-
ed as not developed until such property is actually occu-
pied, leased (other than leases for nominal consideration
to public entities) or sold by the Aleut Corporation, or,
in the case of a lease or other transfer by the Aleut Cor-
poration to a wholly owned development subsidiary, actu-
ally occupied, leased, or sold by the subsidiary.
(i) CERTAIN LANDS UNAVAILABLE
FOR SELEC-
TION.—Upon conveyance to the Aleut Corporation of the
lands described in Appendix A of the Agreement, the lands
described in Appendix C of the Agreement will become un-
available for selection under the Alaska Native Claims Set-
tlement Act.
(j) MAPS.—The maps included as part of Appendix
A to the Agreement depict the lands to be conveyed to
the Aleut Corporation. The maps are on file at the Region
7 Office of the United States Fish and Wildlife Service
and the offices of the Alaska Maritime National Wildlife
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Refuge in Homer, Alaska. The written legal descriptions
of the lands to be conveyed to the Aleut Corporation are
also part of Appendix A. In case of discrepancies, the
maps shall control.
(k) DEFINITIONS.—In this section:
(1) The term ‘‘Agreement’’ means the agree-
ment ratified, confirmed, and approved under sub-
section (a).
(2) The term ‘‘Aleut Corporation’’ means the
Alaskan Native Regional Corporation known as the
Aleut Corporation incorporated in the State of Alas-
ka pursuant to the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.).
SEC. 2864. SPECIAL REQUIREMENTS FOR ADDING MILI-
TARY INSTALLATION TO CLOSURE LIST.
Section 2914(d) of the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note), as added by section
3003 of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107–107; 155
Stat, 1346), is amended—
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(2) by inserting after paragraph (3) the fol-
lowing new paragraph (4):