160 
SEC. 2915. EXTENDING LEASE TERMS FOR STRUCTURES 
AND REAL PROPERTY RELATING TO STRUC-
TURES IN FOREIGN COUNTRIES THAT ARE 
NEEDED FOR PURPOSES OTHER THAN FAM-
ILY HOUSING. 
Section 2675(a) of title 10, United States Code, is 
amended by striking ‘‘five’’ and inserting ‘‘ten’’. 
SEC. 2916. PREVENTING ENCROACHMENT. 
Section 2684a(h) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘FUNDING.—(1)’’ and inserting 
‘‘CONSIDERATION.—Consideration for an agreement 
under this section may take the following forms— 
(1)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) Notwithstanding title 40 and the McKin-
ney Vento Homeless Assistance Act, land under the 
Secretary’s jurisdiction and determined to be excess 
to the needs of the Department of Defense may be 
used by way of exchange to enter into agreements 
under this section, provided the excess lands are lo-
cated within the same State as the installation that 
is the subject of the agreement. Prior to using ex-
cess lands for exchange under this section, the Sec-
retary concerned shall request the concurrence of the 
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161 
Office of Management and Budget, and the Sec-
retary of the Interior in the case of lands withdrawn 
from the public domain, using a process developed 
by the Secretary of Defense.’’. 
SEC. 2917. AUTHORITY TO GRANT RESTRICTIVE EASE-
MENTS. 
(a) AUTHORITY
TO GRANT RESTRICTIVE EASE-
MENTS.—Chapter 159 of title 10, United States Code, is 
amended by inserting after section 2671 adding the fol-
lowing new section: 
‘‘§ 2672a. Easements: restrictive 
‘‘(a) CONSERVATION EASEMENTS.—(1) If the Sec-
retary of a military department finds that it will not be 
against the public interest, he may grant, upon such terms 
as he considers advisable, a restrictive easement— 
‘‘(A) to— 
‘‘(i) a State or local government; or 
‘‘(ii) a qualified organization, as that term 
is used in section 170(h) of the Internal Rev-
enue Code of 1986 (26 U.S.C. 170(h)); 
‘‘(B) for a conservation purpose consistent with 
section 170(h)(4)(A)(iv) of that Act (26 U.S.C. 
170(h)(4)(A)(iv)); 
‘‘(C) over, in, and upon any real property that 
is to be transferred by deed by that department; 
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162 
‘‘(D) restricting future uses of the property. 
‘‘(2) An easement under paragraph (1) shall not be 
granted if the Secretary determines that— 
‘‘(A) the conservation of the property can be ef-
fectively achieved through the application of State 
law by units of State or local government; 
‘‘(B) the jurisdiction that encompasses the 
property authorizes such an easement; and 
‘‘(C) the Secretary can give or assign to a third 
party the responsibility for monitoring and enforcing 
such an easement. 
‘‘(b) ENVIRONMENTAL EASEMENTS.—(1) If the Sec-
retary of a military department finds that it will not be 
against the public interest, he may grant, upon such terms 
as he considers advisable, a restrictive easement— 
‘‘(A) to a State or local government; 
‘‘(B) over, in, and upon any real property that 
is to be transferred by deed by that department; 
‘‘(C) restricting future uses of the property to 
ensure the continued effectiveness of any environ-
mental restoration function on the property con-
ducted pursuant to chapter 160 of this title. 
‘‘(c) LIMITATIONS.—(1) No easement granted under 
this section may apply to more land than is necessary for 
the effectiveness of the easement. 
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‘‘(2) Easements granted under this section shall be 
without consideration from the recipient.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2671 the following new 
item: 
‘‘2671a. Easements: restrictive.’’. 
Subtitle C—Base Closure and 
Realignment 
SEC. 2921. MODIFICATION OF DEPOSIT REQUIREMENTS IN 
CONNECTION WITH LEASE PROCEEDS RE-
CEIVED AT MILITARY INSTALLATIONS AP-
PROVED FOR CLOSURE OR REALIGNMENT 
AFTER JANUARY 1, 2005. 
Section 2667(d)(5) of title 10, United States Code, 
is amended to read as follows: 
‘‘(5) Money rentals received by the United States 
from a lease under subsection (f) at a military installation 
to be closed or realigned under a base closure law, the 
date of approval of which is— 
‘‘(A) before January 1, 2005, shall be deposited 
into the account established under section 2906(a) 
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); or 
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164 
‘‘(B) after January 1, 2005, shall be deposited 
into the account established under section 2906A(a) 
of such Act.’’. 
Subtitle D—Other Matters 
SEC. 2931. REVITALIZATION OF DEPARTMENT OF DEFENSE 
LABORATORIES. 
(a) IN GENERAL.—Section 2805 of title 10, United 
States Code, is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) LABORATORY REVITALIZATION.—(1) For the 
revitalization of laboratories owned by the United States 
and under the jurisdiction of the Secretary concerned, the 
Secretary may spend from appropriations available— 
‘‘(A) for operation and maintenance amounts 
necessary to carry out an unspecified minor military 
construction 
project 
costing 
not 
more 
than 
$1,500,000; or 
‘‘(B) for military construction not otherwise au-
thorized by law amounts necessary to carry out an 
unspecified minor military construction project cost-
ing not more than $3,000,000. 
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