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SEC. 2808. CLARIFICATION OF SCOPE OF REPORT REQUIRE-
MENT ON COST INCREASES UNDER CON-
TRACTS FOR MILITARY FAMILY HOUSING
CONSTRUCTION.
Subsection (d) of section 2853 of title 10, United States
Code, is amended to read as follows:
‘‘(d) The limitation on cost increases in subsection (a)
does not apply to—
‘‘(1) the settlement of a contractor claim under
a contract; or
‘‘(2) a within-scope modification to a contract,
but only if—
‘‘(A) the increase in cost is approved by the
Secretary concerned; and
‘‘(B) the Secretary concerned promptly sub-
mits written notification of the facts relating to
the proposed increase in cost to the appropriate
committees of Congress.’’.
SEC. 2809. AUTHORITY TO CONVEY DAMAGED OR DETERIO-
RATED MILITARY FAMILY HOUSING.
(a) AUTHORITY.—(1) Subchapter III of chapter 169
of title 10, United States Code, is amended by inserting
after section 2854 the following new section:
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‘‘§ 2854a. Conveyance of damaged or deteriorated
military family housing; use of proceeds
‘‘(a) AUTHORITY TO CONVEY.—(1) Subject to para-
graph (3), the Secretary concerned may convey any family
housing facility, including family housing facilities located
in the United States and family housing facilities located
outside the United States, that, due to damage or deteriora-
tion, is in a condition that is uneconomical to repair. Any
conveyance of a family housing facility under this section
may include a conveyance of the real property associated
with the facility conveyed.
‘‘(2) The authority of this section does not apply to
family housing facilities located at military installations
approved for closure under a base closure law or family
housing facilities located at installation outside the United
States at which the Secretary of Defense terminates oper-
ations.
‘‘(3) The aggregate total value of the family housing
facilities conveyed by the Department of Defense under the
authority in this subsection in any fiscal year may not ex-
ceed $5,000,000.
‘‘(4) For purposes of this subsection, a family housing
facility is in a condition that is uneconomical to repair
if the cost of the necessary repairs for the facility would
exceed the amount equal to 70 percent of the cost of con-
structing a family housing facility to replace such facility.
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‘‘(b) CONSIDERATION.—(1) As consideration for the
conveyance of a family housing facility under subsection
(a), the person to whom the facility is conveyed shall pay
the United States an amount equal to the fair market value
of the facility conveyed, including any real property con-
veyed along with the facility.
‘‘(2) The Secretary concerned shall determine the fair
market value of any family housing facility and associated
real property that is conveyed under subsection (a). Such
determinations shall be final.
‘‘(c) NOTICE AND WAIT REQUIREMENTS.—The Sec-
retary concerned may not enter into an agreement to convey
a family housing facility under this section until—
‘‘(1) the Secretary submits to the appropriate
committees of Congress, in writing, a justification for
the conveyance under the agreement, including—
‘‘(A) an estimate of the consideration to be
provided the United States under the agreement;
‘‘(B) an estimate of the cost of repairing the
family housing facility to be conveyed; and
‘‘(C) an estimate of the cost of replacing the
family housing facility to be conveyed; and
‘‘(2) a period of 21 calendar days has elapsed
after the date on which the justification is received by
the committees.
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‘‘(d) INAPPLICABILITY OF CERTAIN PROPERTY DIS-
POSAL LAWS.—The following provisions of law do not
apply to the conveyance of a family housing facility under
this section:
‘‘(1) The provisions of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471
et seq.).
‘‘(2) The provisions of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11301 et seq.).
‘‘(e) USE OF PROCEEDS.—(1) The proceeds of any con-
veyance of a family housing facility under this section shall
be credited to the Department of Defense Military Housing
Improvement Fund established under section 2883 of this
title and available for the purposes described in paragraph
(2).
‘‘(2) The proceeds of a conveyance of a family housing
facility under this section may be used for the following
purposes:
‘‘(A) To construct family housing units to re-
place the family housing facility conveyed under this
section, but only to the extent that the number of
units constructed with such proceeds does not exceed
the number of units of military family housing of the
facility conveyed.
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‘‘(B) To repair or restore existing military fam-
ily housing.
‘‘(C) To reimburse the Secretary concerned for
the costs incurred by the Secretary in conveying the
family housing facility.
‘‘(3) Notwithstanding section 2883(c) of this title, pro-
ceeds in the account under this subsection shall be available
under paragraph (1) for purposes described in paragraph
(2) without any further appropriation.
‘‘(f) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of any family housing facility con-
veyed under this section, including any real property asso-
ciated with such facility, shall be determined by such means
as the Secretary concerned considers satisfactory, including
by survey in the case of real property.
‘‘(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary concerned may require such additional terms and
conditions in connection with the conveyance of family
housing facilities under this section as the Secretary consid-
ers appropriate to protect the interests of the United
States.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by inserting after the item relating to
section 2854 the following new item:
‘‘Sec. 2854a. Conveyance of damaged or deteriorated military family housing; use
of proceeds.’’.
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(b) CONFORMING AMENDMENT.—Section 204(h) of the
Federal Property and Administrative Services Act 1949 (40
U.S.C. 485(h)) is amended—
(1) by redesignating paragraph (4) as para-
graph (5); and
(2) by inserting after paragraph (3) the follow-
ing new paragraph (4):
‘‘(4) This subsection does not apply to family housing
facilities covered by section 2854a of title 10, United States
Code.’’.
SEC. 2810. ENERGY AND WATER CONSERVATION SAVINGS
FOR THE DEPARTMENT OF DEFENSE.
(a) INCLUSION OF WATER EFFICIENT MAINTENANCE
IN ENERGY PERFORMANCE PLAN.—Paragraph (3) of sec-
tion 2865(a) of title 10, United States Code, is amended
by striking out ‘‘energy efficient maintenance’’ and insert-
ing in lieu thereof ‘‘energy efficient maintenance or water
efficient maintenance’’.
(b) SCOPE OF TERM.—Paragraph (4) of such section
is amended—
(1) in the matter preceding subparagraph (A),
by striking out ‘‘ ‘energy efficient maintenance’ ’’ and
inserting in lieu thereof ‘‘ ‘energy efficient mainte-
nance or water efficient maintenance’ ’’;
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(2) in subparagraph (A), by striking out ‘‘sys-
tems or industrial processes,’’ in the matter preceding
clause (i) and inserting in lieu thereof ‘‘systems, in-
dustrial processes, or water efficiency applications,’’;
and
(3) in subparagraph (B), by inserting ‘‘or water
cost savings’’ before the period at the end.
SEC. 2811. ALTERNATIVE AUTHORITY FOR CONSTRUCTION
AND IMPROVEMENT OF MILITARY HOUSING.
(a) ALTERNATIVE AUTHORITY TO CONSTRUCT AND IM-
PROVE MILITARY HOUSING.—(1) Chapter 169 of title 10,
United States Code, is amended by adding at the end the
following:
‘‘SUBCHAPTER 
IV—ALTERNATIVE 
AUTHORITY
FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING
‘‘Sec.
‘‘2871. Definitions.
‘‘2872. General authority.
‘‘2873. Direct loans and loan guarantees.
‘‘2874. Leasing of housing to be constructed.
‘‘2875. Investments in nongovernmental entities.
‘‘2876. Rental guarantees.
‘‘2877. Differential lease payments.
‘‘2878. Conveyance or lease of existing property and facilities.
‘‘2879. Interim leases.
‘‘2880. Unit size and type.
‘‘2881. Support facilities.
‘‘2882. Assignment of members of the armed forces to housing units.
‘‘2883. Department of Defense Housing Improvement Fund.
‘‘2884. Reports.
‘‘2885. Expiration of authority.
‘‘§ 2871. Definitions
‘‘In this subchapter:
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‘‘(1) The term ‘base closure law’ means the fol-
lowing:
‘‘(A) Section 2687 of this title.
‘‘(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note).
‘‘(C) The Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note).
‘‘(2) The term ‘Secretary concerned’ includes the
Secretary of Defense.
‘‘(3) The term ‘support facilities’ means facilities
relating to military housing units, including child
care centers, day care centers, community centers,
housing offices, maintenance complexes, dining facili-
ties, unit offices, fitness centers, parks, and other
similar facilities for the support of military housing.
‘‘§ 2872. General authority
‘‘In addition to any other authority provided under
this chapter for the acquisition, construction, or improve-
ment of military family housing or military unaccom-
panied housing, the Secretary concerned may exercise any
authority or any combination of authorities provided under
this subchapter in order to provide for the acquisition, con-
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struction, improvement, or rehabilitation by private per-
sons of the following:
‘‘(1) Family housing units on or near military
installations within the United States and its terri-
tories and possessions.
‘‘(2) Unaccompanied housing units on or near
such military installations.
‘‘§ 2873. Direct loans and loan guarantees
‘‘(a) DIRECT LOANS.—(1) Subject to subsection (c), the
Secretary concerned may make direct loans to persons in
the private sector in order to provide funds to such persons
for the acquisition, construction, improvement, or rehabili-
tation of housing units that the Secretary determines are
suitable for use as military family housing or as military
unaccompanied housing.
‘‘(2) The Secretary concerned shall establish such terms
and conditions with respect to loans made under this sub-
section as the Secretary considers appropriate to protect the
interests of the United States, including the period and fre-
quency for repayment of such loans and the obligations of
the obligors on such loans upon default.
‘‘(b) LOAN GUARANTEES.—(1) Subject to subsection
(c), the Secretary concerned may guarantee a loan made
to any person in the private sector if the proceeds of the
loan are to be used by the person to acquire, construct, im-
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prove, or rehabilitate housing units that the Secretary deter-
mines are suitable for use as military family housing or
as military unaccompanied housing.
‘‘(2) The amount of a guarantee on a loan that may
be provided under paragraph (1) may not exceed the
amount equal to the lesser of—
‘‘(A) the amount equal to 80 percent of the value
of the project; or
‘‘(B) the amount of the outstanding principal of
the loan.
‘‘(3) The Secretary concerned shall establish such terms
and conditions with respect to guarantees of loans under
this subsection as the Secretary considers appropriate to
protect the interests of the United States, including the
rights and obligations of obligors of such loans and the
rights and obligations of the United States with respect to
such guarantees.
‘‘(c) LIMITATION ON DIRECT LOAN AND GUARANTEE
AUTHORITY.—Direct loans and loan guarantees may be
made under this section only to the extent that appropria-
tions of budget authority to cover their cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5)) are made in advance, or authority is
otherwise provided in appropriations Acts. If such appro-
priation or other authority is provided, there may be estab-
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lished a financing account (as defined in section 502(7) of
such Act (2 U.S.C. 661a(7)) which shall be available for
the disbursement of direct loans or payment of claims for
payment on loan guarantees under this section and for all
other cash flows to and from the Government as a result
of direct loans and guarantees made under this section.
‘‘§ 2874. Leasing of housing to be constructed
‘‘(a) BUILD AND LEASE AUTHORIZED.—The Secretary
concerned may enter into contracts for the lease of family
housing units or unaccompanied housing units to be con-
structed, improved, or rehabilitated under this subchapter.
‘‘(b) LEASE TERMS.—A contract under this section
may be for any period that the Secretary concerned deter-
mines appropriate.
‘‘§ 2875. Investments in nongovernmental entities
‘‘(a) INVESTMENTS AUTHORIZED.—The Secretary con-
cerned may make investments in nongovernmental entities
carrying out projects for the acquisition, construction, im-
provement, or rehabilitation of housing units suitable for
use as military family housing or as military unaccom-
panied housing.
‘‘(b) FORMS OF INVESTMENT.—An investment under
this section may take the form of a direct investment by
the United States, an acquisition of a limited partnership
interest by the United States, a purchase of stock or other
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equity instruments by the United States, a purchase of
bonds or other debt instruments by the United States, or
any combination of such forms of investment.
‘‘(c) LIMITATION ON VALUE OF INVESTMENT.—(1) The
cash amount of an investment under this section in a non-
governmental entity may not exceed an amount equal to
35 percent of the capital cost (as determined by the Sec-
retary concerned) of the project or projects that the entity
proposes to carry out under this section with the invest-
ment.
‘‘(2) If the Secretary concerned conveys land or facili-
ties to a nongovernmental entity as all or part of an invest-
ment in the entity under this section, the total value of the
investment by the Secretary under this section may not ex-
ceed an amount equal to 45 percent of the capital cost (as
determined by the Secretary) of the project or projects that
the entity proposes to carry out under this section with the
investment.
‘‘(3) In this subsection, the term ‘capital cost’, with
respect to a project for the acquisition, construction, im-
provement, or rehabilitation of housing, means the total
amount of the costs included in the basis of the housing
for Federal income tax purposes.
‘‘(d) COLLATERAL
INCENTIVE
AGREEMENTS.—The
Secretary concerned may enter into collateral incentive
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agreements with nongovernmental entities in which the Sec-
retary makes an investment under this section to ensure
that a suitable preference will be afforded members of the
armed forces in the lease or purchase, as the case may be,
of a reasonable number of the housing units covered by the
investment.
‘‘§ 2876. Rental guarantees
‘‘The Secretary concerned may enter into agreements
with private persons that acquire, construct, improve, or
rehabilitate family housing units or unaccompanied hous-
ing units under this subchapter in order to assure—
‘‘(1) the occupancy of such units at levels speci-
fied in the agreements; or
‘‘(2) rental income derived from rental of such
units at levels specified in the agreements.
‘‘§ 2877. Differential lease payments
‘‘The Secretary concerned, pursuant to an agreement
entered into by the Secretary and a private lessor of family
housing or unaccompanied housing to members of the
armed forces, may pay the lessor an amount in addition
to the rental payments for the housing made by the members
as the Secretary determines appropriate to encourage the
lessor to make the housing available to members of the
armed forces as family housing or as unaccompanied hous-
ing.
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‘‘§ 2878. Conveyance or lease of existing property and
facilities
‘‘(a) CONVEYANCE OR LEASE AUTHORIZED.—The Sec-
retary concerned may convey or lease property or facilities
(including support facilities) to private persons for pur-
poses of using the proceeds of such conveyance or lease to
carry out activities under this subchapter.
‘‘(b) INAPPLICABILITY TO PROPERTY AT INSTALLATION
APPROVED FOR CLOSURE.—The authority of this section
does not apply to property or facilities located on or near
a military installation approved for closure under a base
closure law.
‘‘(c) TERMS AND CONDITIONS.—(1) The conveyance or
lease of property or facilities under this section shall be for
such consideration and upon such terms and conditions as
the Secretary concerned considers appropriate for the pur-
poses of this subchapter and to protect the interests of the
United States.
‘‘(2) As part or all of the consideration for a convey-
ance or lease under this section, the purchaser or lessor (as
the case may be) may enter into an agreement with the
Secretary to ensure that a suitable preference will be af-
forded members of the armed forces in the lease or sublease
of a reasonable number of the housing units covered by the
conveyance or lease, as the case may be, or in the lease of
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other suitable housing units made available by the pur-
chaser or lessee.
‘‘(d) INAPPLICABILITY OF CERTAIN PROPERTY MAN-
AGEMENT LAWS.—The conveyance or lease of property or
facilities under this section shall not be subject to the follow-
ing provisions of law:
‘‘(1) Section 2667 of this title.
‘‘(2) The Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
‘‘(3) Section 321 of the Act of June 30, 1932
(commonly known as the Economy Act) (47 Stat.
412, chapter 314; 40 U.S.C. 303b).
‘‘(4) The Stewart B. McKinney Homeless Assist-
ance Act (42 U.S.C. 11301 et seq.).
‘‘§ 2879. Interim leases
‘‘Pending completion of a project to acquire, construct,
improve, or rehabilitate family housing units or unaccom-
panied housing units under this subchapter, the Secretary
concerned may provide for the interim lease of such units
of the project as are complete. The term of a lease under
this section may not extend beyond the date of the comple-
tion of the project concerned.
‘‘§ 2880. Unit size and type
‘‘(a) CONFORMITY WITH SIMILAR HOUSING UNITS IN
LOCALE.—The Secretary concerned shall ensure that the
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room patterns and floor areas of family housing units and
unaccompanied housing units acquired, constructed, im-
proved, or rehabilitated under this subchapter are generally
comparable to the room patterns and floor areas of similar
housing units in the locality concerned.
‘‘(b) INAPPLICABILITY OF LIMITATIONS ON SPACE BY
PAY GRADE.—(1) Section 2826 of this title does not apply
to family housing units acquired, constructed, improved, or
rehabilitated under this subchapter.
‘‘(2) The regulations prescribed under section 2856 of
this title do not apply to unaccompanied housing units ac-
quired, constructed, improved, or rehabilitated under this
subchapter.
‘‘§ 2881. Support facilities
‘‘Any project for the acquisition, construction, im-
provement, or rehabilitation of family housing units or un-
accompanied housing units under this subchapter may in-
clude the acquisition, construction, or improvement of sup-
port facilities for the housing units concerned.
‘‘§ 2882. Assignment of members of the armed forces to
housing units
‘‘(a) IN GENERAL.—The Secretary concerned may as-
sign members of the armed forces to housing units acquired,
constructed, improved, or rehabilitated under this sub-
chapter.
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‘‘(b) EFFECT OF CERTAIN ASSIGNMENTS ON ENTITLE-
MENT TO HOUSING ALLOWANCES.—(1) Except as provided
in paragraph (2), housing referred to in subsection (a) shall
be considered as quarters of the United States or a housing
facility under the jurisdiction of a uniformed service for
purposes of section 403(b) of title 37.
‘‘(2) A member of the armed forces who is assigned
in accordance with subsection (a) to a housing unit not
owned or leased by the United States shall be entitled to
a basic allowance for quarters under section 403 of title
37 and, if in a high housing cost area, a variable housing
allowance under section 403a of that title.
‘‘(c) LEASE
PAYMENTS
THROUGH
PAY
ALLOT-
MENTS.—The Secretary concerned may require members of
the armed forces who lease housing in housing units ac-
quired, constructed, improved, or rehabilitated under this
subchapter to make lease payments for such housing pursu-
ant to allotments of the pay of such members under section
701 of title 37.
‘‘§ 2883. Department of Defense Housing Improvement
Fund
‘‘(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
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section referred to as the ‘Fund’). The Secretary of Defense
shall administer the Fund as a single account.
‘‘(b) CREDITS TO FUND.—There shall be credited to the
Fund the following:
‘‘(1) Funds appropriated to the Fund.
‘‘(2) Any funds that the Secretary of Defense
may, to the extent provided in appropriations Acts,
transfer to the Fund from funds appropriated to the
Department of Defense for family housing, except that
such funds may be transferred only after the Sec-
retary of Defense transmits written notice of, and jus-
tification for, such transfer to the appropriate com-
mittees of Congress.
‘‘(3) Any funds that the Secretary of Defense
may, to the extent provided in appropriations Acts,
transfer to the Fund from funds appropriated to the
Department of Defense for military unaccompanied
housing or for the operation and maintenance of mili-
tary unaccompanied housing, except that such funds
may be transferred only after the Secretary of Defense
transmits written notice of, and justification for, such
transfer to the appropriate committees of Congress.
‘‘(4) Proceeds from the conveyance or lease of
property or facilities under section 2878 of this title.
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‘‘(5) Income from any activities under this sub-
chapter, including interest on loans made under sec-
tion 2873 of this title, income and gains realized from
investments under section 2875 of this title, and any
return of capital invested as part of such investments.
‘‘(c) USE OF FUNDS.—(1) To the extent provided in
appropriations Acts and except as provided in paragraphs
(2) and (3), the Secretary of Defense may use amounts in
the Fund to carry out activities under this subchapter (in-
cluding activities required in connection with the planning,
execution, and administration of contracts or agreements
entered into under the authority of this subchapter) and
may transfer funds to the Secretaries of the military depart-
ments to permit such Secretaries to carry out such activi-
ties.
‘‘(2)(A) Funds in the fund that are derived from ap-
propriations or transfers of funds for military family hous-
ing, or from income from activities under this subchapter
with respect to such housing, may be used in accordance
with paragraph (1) only to carry out activities under this
subchapter with respect to military family housing.
‘‘(B) Funds in the fund that are derived from appro-
priations or transfers of funds for military unaccompanied
housing, or from income from activities under this sub-
chapter with respect to such housing, may be used in ac-
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cordance with paragraph (1) only to carry out activities
under this subchapter with respect to military unaccom-
panied housing.
‘‘(3) The Secretary may not enter into a contract or
agreement to carry out activities under this subchapter un-
less the Fund contains sufficient amounts, as of the time
the contract or agreement is entered into, to satisfy the total
obligations to be incurred by the United States under the
contract or agreement.
‘‘(d) LIMITATION ON AMOUNT OF BUDGET AUTHOR-
ITY.—The total value in budget authority of all contracts,
agreements, and investments undertaken using the authori-
ties provided in this subchapter shall not exceed
$1,000,000,000.
‘‘§ 2884. Reports
‘‘(a) PROJECT REPORTS.—The Secretary of Defense
shall transmit to the appropriate committees of Congress
a report on each contract or agreement for a project for
the acquisition, construction, improvement, or rehabilita-
tion of family housing units or unaccompanied housing
units that the Secretary proposes to solicit under this sub-
chapter. The report shall describe the project and the in-
tended method of participation of the United States in the
project and provide a justification of such method of par-
ticipation.
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‘‘(b) ANNUAL REPORTS.—The Secretary of Defense
shall include each year in the materials that the Secretary
submits to Congress in support of the budget submitted by
the President pursuant to section 1105 of title 31 the follow-
ing:
‘‘(1) A report on the expenditures and receipts
during the preceding fiscal year from the Department
of Defense Housing Improvement Fund established
under section 2883 of this title.
‘‘(2) A methodology for evaluating the extent and
effectiveness of the use of the authorities under this
subchapter during such preceding fiscal year.
‘‘(3) A description of the objectives of the Depart-
ment of Defense for providing military family hous-
ing and military unaccompanied housing for mem-
bers of the armed forces.
‘‘§ 2885. Expiration of authority
‘‘The authority to enter into a transaction under this
subchapter shall expire 5 years after the date of the enact-
ment of the National Defense Authorization Act for Fiscal
Year 1996.’’.
(2) The table of subchapters at the beginning of such
chapter is amended by inserting after the item relating to
subchapter III the following new item:
‘‘IV. Alternative Authority for Acquisition and Improvement of Military
Housing ...............................................................................
2870’’.
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(b) FINAL REPORT.—Not later than March 1, 2000,
the Secretary of Defense shall submit to the congressional
defense committees a report on the use by the Secretary of
Defense and the Secretaries of the military departments of
the authorities provided by subchapter IV of chapter 169
of title 10, United States Code, as added by subsection (a).
The report shall assess the effectiveness of such authority
in providing for the construction and improvement of mili-
tary family housing and military unaccompanied housing.
(c) CROSS REFERENCE AMENDMENT.—(1) Chapter
169 of title 10, United States Code, is further amended by
inserting after section 2822 the following new section:
‘‘§ 2822a. Additional authority relating to military
housing
‘‘For additional authority regarding the acquisition,
construction, or improvement of military family housing
and military unaccompanied housing, see subchapter IV of
this chapter.’’.
(2) The table of sections at the beginning of subchapter
II of such chapter is amended by inserting after the item
relating to section 2822 the following new item:
‘‘2822a. Additional authority relating to military housing.’’.
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SEC. 2812. PERMANENT AUTHORITY TO ENTER INTO
LEASES OF LAND FOR SPECIAL OPERATIONS
ACTIVITIES.
(a) PERMANENT AUTHORITY.—Section 2680 of title
10, United States Code, is amended by striking out sub-
section (d).
(b) REPORTING REQUIREMENT.—Such section is fur-
ther amended by adding at the end the following new sub-
section (d):
‘‘(d) REPORTS.—Not later than March 1 of each year,
the Secretary of Defense shall submit to the Committee on
the Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives a report
that—
‘‘(1) identifies each leasehold interest acquired
during the previous fiscal year under subsection (a);
and
‘‘(2) contains a discussion of each project for the
construction or modification of facilities carried out
pursuant to subsection (c) during such fiscal year.’’.
SEC. 2813. AUTHORITY TO USE FUNDS FOR CERTAIN EDU-
CATIONAL PURPOSES.
Section 2008 of title 10, United States Code, is amend-
ed by striking out ‘‘section 10’’ and all that follows through
the period at the end and inserting in lieu thereof ‘‘con-
struction, as defined in section 8013(3) of the Elementary
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and Secondary Education Act of 1965 (20 U.S.C. 7713(3)),
or to carry out section 8008 of such Act (20 U.S.C. 7708),
relating to impact aid.’’.
Subtitle B—Defense Base Closure
and Realignment
SEC. 2821. IN-KIND CONSIDERATION FOR LEASES AT IN-
STALLATIONS TO BE CLOSED OR REALIGNED.
Section 2667(f) of title 10, United States Code, is
amended by adding at the end the following:
‘‘(4) The Secretary concerned may accept under sub-
section (b)(5) services of a lessee for an entire installation
to be closed or realigned under a base closure law, or for
any part of such installation, without regard to the require-
ment in subsection (b)(5) that a substantial part of the in-
stallation be leased.’’.
SEC. 2822. CLARIFICATION OF AUTHORITY REGARDING
CONTRACTS FOR COMMUNITY SERVICES AT
INSTALLATIONS BEING CLOSED.
(a) 1988 LAW.—Section 204(b)(8)(A) of the Defense
Authorization Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C. 2687 note) is
amended—
(1) by striking out ‘‘may contract’’ and inserting
in lieu thereof ‘‘may enter into agreements (including
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contracts, cooperative agreements, or other arrange-
ments)’’; and
(2) by adding at the end the following new sen-
tence: ‘‘An agreement under the authority in the pre-
ceding sentence may provide for the reimbursement of
the local government concerned by the Secretary for
the cost of any services provided under the agreement
by that government.’’.
(b) 1990 LAW.—Section 2905(b)(8)(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) is
amended—
(1) by striking out ‘‘may contract’’ and inserting
in lieu thereof ‘‘may enter into agreements (including
contracts, cooperative agreements, or other arrange-
ments)’’; and
(2) by adding at the end the following new sen-
tence: ‘‘An agreement under the authority in the pre-
ceding sentence may provide for the reimbursement of
the local government concerned by the Secretary for
the cost of any services provided under the agreement
by that government.’’.
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SEC. 2823. CLARIFICATION OF FUNDING FOR ENVIRON-
MENTAL RESTORATION AT INSTALLATIONS
APPROVED FOR CLOSURE OR REALIGNMENT
IN 1995.
Subsection (e) of section 2906 of the Defense Base Clo-
sure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101–510; 10 U.S.C. 2687 note) is amended
to read as follows:
‘‘(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR EN-
VIRONMENTAL RESTORATION PROJECTS.—(1) Except for
funds deposited into the Account under subsection (a), and
except as provided in paragraph (2), funds appropriated
to the Department of Defense may not be used for purposes
described in section 2905(a)(1)(C). The prohibition in this
subsection shall expire upon the termination of the Sec-
retary’s authority to carry out a closure or realignment
under this part.
‘‘(2) Funds in the Defense Environmental Restoration
Account established under section 2703(a) of title 10, Unit-
ed States Code, may be used in fiscal year 1996 for environ-
mental restoration at installations approved for closure or
realignment under this part in 1995.’’.
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SEC. 2824. AUTHORITY TO LEASE PROPERTY REQUIRING
ENVIRONMENTAL REMEDIATION AT INSTAL-
LATIONS APPROVED FOR CLOSURE.
Section 120(h)(3) of the Comprehensive Environ-
mental Response Compensation and Liability Act of 1980
(42 U.S.C. 9620(h)(3)) is amended in the matter following
subparagraph (C)—
(1) by striking out the first sentence; and
(2) by adding at the end, flush to the paragraph
margin, the following:
‘‘The requirements of subparagraph (B) shall not
apply in any case in which the person or entity to
whom the real property is transferred is a potentially
responsible party with respect to such property.
‘‘The requirements of subparagraph (B) shall not
apply in any case in which the transfer of the prop-
erty occurs or has occurred by means of a lease, with-
out regard to whether the lessee has agreed to pur-
chase the property or whether the duration of the lease
is longer than 55 years. In the case of a lease entered
into after September 30, 1995, with respect to real
property located at an installation approved for clo-
sure or realignment under a base closure law, the
agency leasing the property, in consultation with the
Administrator, shall determine before leasing the
property that the property is suitable for lease, that
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the uses contemplated for the lease are consistent with
protection of human health and the environment, and
that there are adequate assurances that the United
States will take all remedial action referred to in sub-
paragraph (B) that has not been taken on the date of
the lease.’’.
SEC. 2825. FINAL FUNDING FOR DEFENSE BASE CLOSURE
AND REALIGNMENT COMMISSION.
Section 2902(k) 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) is amended by adding at
the end the following:
‘‘(3)(A) The Secretary may transfer from the account
referred to in subparagraph (B) such unobligated funds in
that account as may be necessary for the Commission to
carry out its duties under this part during October, Novem-
ber, and December 1995. Funds transferred under the pre-
ceding sentence shall remain available until December 31,
1995.
‘‘(B) The account referred to in subparagraph (A) is
the Department of Defense Base Closure Account established
under section 207(a) of the Defense Authorization Amend-
ments and Base Closure and Realignment Act (Public Law
100–526; 10 U.S.C. 2687 note).’’.
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SEC. 2826. IMPROVEMENT OF BASE CLOSURE AND REALIGN-
MENT PROCESS.
(a) APPLICABILITY.—Subparagraph (A) of section
2905(b)(7) 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 out ‘‘Deter-
minations of the use to assist the homeless of buildings and
property located at installations approved for closure under
this part’’ and inserting in lieu thereof ‘‘Procedures for the
disposal of buildings and property located at installations
approved for closure or realignment under this part’’.
(b) REDEVELOPMENT AUTHORITIES.—Subparagraph
(B) of such section is amended by adding at the end the
following:
‘‘(iii) The chief executive officer of the State in which
an installation covered by this paragraph is located may
assist in resolving any disputes among citizens or groups
of citizens as to the individuals and groups constituting the
redevelopment authority for the installation.’’.
(c) AGREEMENTS UNDER REDEVELOPMENT PLANS.—
Subparagraph (F)(ii)(I) of such section is amended in the
second sentence by striking out ‘‘the approval of the redevel-
opment plan by the Secretary of Housing and Urban Devel-
opment under subparagraph (H) or (J)’’ and inserting in
lieu thereof ‘‘the decision regarding the disposal of the build-
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ings and property covered by the agreements by the Sec-
retary of Defense under subparagraph (K) or (L)’’.
(d) REVISION OF REDEVELOPMENT PLANS.—Subpara-
graph (I) of such section is amended by inserting ‘‘the Sec-
retary of Defense and’’ before ‘‘the Secretary of Housing and
Urban Development’’ each place it appears.
(e) DISPOSAL
OF BUILDINGS
AND PROPERTY.—(1)
Subparagraph (K) of such section is amended to read as
follows:
‘‘(K)(i) Upon receipt of a notice under subparagraph
(H)(iv) or (J)(ii) of the determination of the Secretary of
Housing and Urban Development that a redevelopment
plan for an installation meets the requirements set forth
in subparagraph (H)(i), the Secretary of Defense shall dis-
pose of the buildings and property at the installation.
‘‘(ii) For purposes of carrying out an environmental
assessment of the closure or realignment of an installation,
the Secretary shall treat the redevelopment plan for the in-
stallation (including the aspects of the plan providing for
disposal to State or local governments, representatives of
the homeless, and other interested parties) as part of the
proposed Federal action for the installation.
‘‘(iii) The Secretary shall dispose of buildings and
property under clause (i) in accordance with the record of
decision or other decision document prepared by the Sec-
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retary in accordance with the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4331 et seq.) In preparing the
record of decision or other decision document, the Secretary
shall give substantial deference to the redevelopment plan
concerned.
‘‘(iv) The disposal under clause (i) of buildings and
property to assist the homeless shall be without consider-
ation.
‘‘(v) In the case of a request for a conveyance under
clause (i) of buildings and property for public benefit under
section 203(k) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484(k)) and subchapter II
of chapter 471 of title 49, United States Code, the applicant
and use proposed in the request shall be determined to be
eligible for the public benefit conveyance under the eligi-
bility criteria set forth in such section or such subchapter.
The determination of such eligibility should be made before
the redevelopment plan concerned under subparagraph (G)
’’.
(2) Subparagraph (L) of such section is amended by
striking out clauses (iii) and (iv) and inserting in lieu
thereof the following new clauses (iii) and (iv):
‘‘(iii) Not later than 90 days after the date of the re-
ceipt of a revised plan for an installation under subpara-
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graph (J), the Secretary of Housing and Urban Develop-
ment shall—
‘‘(I) notify the Secretary of Defense and the rede-
velopment authority concerned of the buildings and
property at an installation under clause (i)(IV) that
the Secretary of Housing and Urban Development de-
termines are suitable for use to assist the homeless;
and
‘‘(II) notify the Secretary of Defense of the extent
to which the revised plan meets the criteria set forth
in subparagraph (H)(i).
‘‘(iv)(I) Upon notice from the Secretary of Housing
and Urban Development with respect to an installation
under clause (iii), the Secretary of Defense shall, after con-
sultation with the Secretary of Housing and Urban Devel-
opment and redevelopment authority concerned, dispose of
buildings and property at the installation.
‘‘(II) For purposes of carrying out an environmental
assessment of the closure or realignment of an installation,
the Secretary shall treat the redevelopment plan for the in-
stallation (including the aspects of the plan providing for
disposal to State or local governments, representatives of
the homeless, and other interested parties) as part of the
proposed Federal action for the installation.
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‘‘(III) The Secretary shall dispose of buildings and
property under subclause (I) in accordance with the record
of decision or other decision document prepared by the Sec-
retary in accordance with the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4331 et seq.) In preparing the
record of decision or other decision document, the Secretary
shall give deference to the redevelopment plan concerned.
‘‘(IV) The disposal under subclause (I) of buildings
and property to assist the homeless shall be without consid-
eration.
‘‘(V) In the case of a request for a conveyance under
clause (i) of buildings and property for public benefit under
section 203(k) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484(k)) and subchapter II
of chapter 471 of title 49, United States Code, the applicant
and use proposed in the request shall be determined to be
eligible for the public benefit conveyance under the eligi-
bility criteria set forth in such section or such subchapter.
The determination of such eligibility should be made before
the redevelopment plan concerned under subparagraph (G)
’’.
(f) CONFORMING AMENDMENT.—Subparagraph (M)(i)
of such section is amended by inserting ‘‘or (L)’’ after ‘‘sub-
paragraph (K)’’.
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(g) CLARIFICATION OF PARTICIPANTS IN PROCESS.—
Such section is further amended by adding at the end the
following:
‘‘(P) For purposes of this paragraph, the term ‘other
interested parties’, in the case of an installation, includes
any parties eligible for the conveyance of property of the
installation under section 203(k) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 484(k))
or subchapter II of chapter 471 of title 49, United States
Code, whether or not the parties assist the homeless.’’.
(h) TECHNICAL AMENDMENTS.—Section 2910 of such
Act is amended—
(1) by designating the paragraph (10) added by
section 2(b) of the Base Closure Community Redevel-
opment and Homeless Assistance Act of 1994 (Public
Law 103–421; 108 Stat. 4352) as paragraph (11);
and
(2) in such paragraph, as so designated, by
striking out ‘‘section 501(h)(4) of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C.
11411(h)(4))’’ and inserting in lieu thereof ‘‘section
501(i)(4) of the Stewart B. McKinney Homeless As-
sistance Act (42 U.S.C. 11411(i)(4))’’.
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SEC. 2827. EXERCISE OF AUTHORITY DELEGATED BY THE
ADMINISTRATOR OF GENERAL SERVICES.
Section 2905(b)(2) 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) is amended—
(1) in subparagraph (A)—
(A) by striking out ‘‘Subject to subpara-
graph (C)’’ in the matter preceding clause (i)
and inserting in lieu thereof ‘‘Subject to sub-
paragraph (B)’’; and
(B) by striking out ‘‘in effect on the date of
the enactment of this Act’’ each place it appears
in clauses (i) and (ii);
(2) by striking out subparagraphs (B) and (C)
and inserting in lieu thereof the following new sub-
paragraph (B):
‘‘(B) The Secretary may, with the concurrence of the
Administrator of General Services—
‘‘(i) prescribe general policies and methods for
utilizing excess property and disposing of surplus
property pursuant to the authority delegated under
paragraph (1); and
‘‘(ii) issue regulations relating to such policies
and methods which regulations supersede the regula-
tions referred to in subparagraph (A) with respect to
that authority.’’; and
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(3) by redesignating subparagraphs (D) and (E)
as subparagraphs (C) and (D), respectively.
SEC. 2828. LEASE BACK OF PROPERTY DISPOSED FROM IN-
STALLATIONS APPROVED FOR CLOSURE OR
REALIGNMENT.
(a) AUTHORITY.—Section 2905(b)(4) 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—
(1) by redesignating subparagraphs (C), (D),
and (E) as subparagraphs (D), (E), and (F), respec-
tively; and
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C):
‘‘(C)(i) The Secretary may transfer real property at
an installation approved for closure or realignment under
this part (including property at an installation approved
for realignment which property will be retained by the De-
partment of Defense or another Federal agency after re-
alignment) to the redevelopment authority for the installa-
tion if the redevelopment authority agrees to lease, directly
upon transfer, all or a significant portion of the property
transferred under this subparagraph to the Secretary or to
the head of another department or agency of the Federal
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Government. Subparagraph (B) shall apply to a transfer
under this subparagraph.
‘‘(ii) A lease under clause (i) shall be for a term of
not to exceed 50 years, but may provide for options for re-
newal or extension of the term by the department or agency
concerned.
‘‘(iii) A lease under clause (i) may not require rental
payments by the United States.
‘‘(iv) A lease under clause (i) shall include a provision
specifying that if the department or agency concerned ceases
requiring the use of the leased property before the expiration
of the term of the lease, the remainder of the lease term
may, upon approval by the redevelopment authority con-
cerned, be satisfied by the same or another department or
agency of the Federal Government using the property for
a use similar to the use under the lease.’’.
(b) USE
OF FUNDS TO IMPROVE LEASED PROP-
ERTY.—Notwithstanding any other provision of law, a de-
partment or agency of the Federal Government that enters
into a lease of property under section 2905(b)(4)(C) of the
such Act, as amended by subsection (a), may use funds ap-
propriated or otherwise available to the department or
agency for such purpose to improve the leased property.
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SEC. 2829. PROCEEDS OF LEASES AT INSTALLATIONS AP-
PROVED FOR CLOSURE OR REALIGNMENT.
(a) INTERIM LEASES.—Section 2667(d) of title 10,
United States Code, is amended—
(1) in paragraph (1)(A)—
(A) by striking out ‘‘and’’ at the end of
clause (i);
(B) by striking out the period at the end of
clause (ii) and inserting in lieu thereof ‘‘; and’’;
and
(C) by adding at the end the following:
‘‘(iii) money rentals referred to in paragraph
(5).’’; and
(2) by adding at the end the following:
‘‘(5) Money rentals received by the United States under
subsection (f) shall be deposited in the Department of De-
fense Base Closure Account 1990 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).’’.
(b) DEPOSIT IN 1990 ACCOUNT.—Section 2906(a)(2)
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—
(1) in subparagraph (C)—
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(A) by striking out ‘‘transfer or disposal’’
and inserting in lieu thereof ‘‘transfer, lease, or
other disposal’’; and
(B) by striking out ‘‘and’’ at the end;
(2) in subparagraph (D)—
(A) by striking out ‘‘transfer or disposal’’
and inserting in lieu thereof ‘‘transfer, lease, or
other disposal’’; and
(B) by striking out the period at the end
and inserting in lieu thereof ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(E) money rentals received by the United States
under section 2667(f) of title 10, United States
Code.’’.
SEC. 2830. CONSOLIDATION OF DISPOSAL OF PROPERTY
AND FACILITIES AT FORT HOLABIRD, MARY-
LAND.
(a) CONSOLIDATION.—Notwithstanding any other pro-
vision of law, the Secretary of Defense shall dispose of the
property and facilities at Fort Holabird, Maryland, de-
scribed in subsection (b) in accordance with subparagraph
(2)(e) of the Base Closure Community Redevelopment and
Homeless Assistance Act of 1994 (P.L. 103–421), treating
the property described in subsection (b) as if the CEO of
the State had submitted a timely request to the Secretary
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of Defense under subparagraph (2)(e)(1)(B)(ii) of the Base
Closure Community Redevelopment and Homeless Assist-
ance Act of 1994 (P.L. 103–421).
(b) COVERED PROPERTY AND FACILITIES.—Subsection
(a) applies to the following property and facilities at Fort
Holabird, Maryland:
(1) Property and facilities that were approved
for closure or realignment under the 1988 base closure
law that are not disposed of as of the date of the en-
actment of this Act, including buildings 305 and 306
and the parking lots and other property associated
with such buildings.
(2) Property and facilities that are approved for
closure or realignment under the 1990 base closure
law in 1995.
(c) USE OF SURVEYS AND OTHER EVALUATIONS OF
PROPERTY.—In carrying out the disposal of the property
and facilities referred to in subsection (b)(1), the Secretary
shall utilize any surveys and other evaluations of such prop-
erty and facilities that are prepared by the Corps of Engi-
neers before the date of the enactment of this Act as part
of the process for the disposal of such property and facilities
under the 1988 base closure law.
(d) DEFINITIONS.—In this section:
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(1) The term ‘‘1988 base closure law’’ means title
II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100–
526; 10 U.S.C. 2687 note).
(2) The term ‘‘1990 base closure law’’ means 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).
SEC. 2830A. LAND CONVEYANCE, PROPERTY UNDERLYING
CUMMINS 
APARTMENT 
COMPLEX, 
FORT
HOLABIRD, MARYLAND.
(a) 
CONVEYANCE
AUTHORIZED.—Notwithstanding
any other provision of law, the Secretary of the Army may
convey to the existing owner of the improvements thereon
all right, title, and interest of the United States in and to
a parcel of real property underlying the Cummins Apart-
ment Complex at Fort Holabird, Maryland, consisting of
approximately 6 acres and any interest the United States
may have in the improvements thereon.
(b) CONSIDERATION.—As consideration for the convey-
ance under subsection (a), the owner of the improvements
referred to in that subsection shall provide compensation
to the United States in an amount equal to the fair market
value (as determined by the Secretary) of the property in-
terest to be conveyed.
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(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 that
is satisfactory to the Secretary.
(d) 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 interests
of the United States.
SEC. 2830B. INTERIM LEASES OF PROPERTY APPROVED FOR
CLOSURE OR REALIGNMENT.
Section 2667(f) of title 10, United States Code, is
amended by adding at the end the following:
‘‘(4)(A) Notwithstanding the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the scope of
any environmental impact analysis necessary to support an
interim lease of property under this subsection shall be lim-
ited to the environmental consequences of activities author-
ized under the proposed lease and the cumulative impacts
of other past, present, and reasonably foreseeable future ac-
tions during the period of the proposed lease.
‘‘(B) Interim leases entered into under this subsection
shall be deemed not to prejudice the final property disposal
decision, even if final property disposal may be delayed
until completion of the interim lease term. An interim lease
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under this subsection shall not be entered into without prior
consultation with the redevelopment authority concerned.
‘‘(C) The provisions of subparagraphs (A) and (B)
shall not apply to an interim lease under this subsection
if authorized activities under the lease would—
‘‘(i) significantly effect the quality of the human
environment; or
‘‘(ii) irreversibly alter the environment in a way
that would preclude any reasonable disposal alter-
native of the property concerned.’’.
SEC. 
2830C. 
SENSE 
OF 
THE 
CONGRESS 
REGARDING
FITZSIMONS ARMY MEDICAL CENTER, COLO-
RADO.
(a) FINDINGS.—The Congress finds that—
(1) Fitzsimons Army Medical Center in Aurora,
Colorado has been recommended for closure in 1995
under the Defense Base Closure and Realignment Act
of 1990;
(2) The University of Colorado Health Sciences
Center and the University of Colorado Hospital Au-
thority are in urgent need of space to maintain their
ability to deliver health care to meet the growing de-
mand for their services;
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(3) Reuse of the Fitzsimons facility at the earli-
est opportunity would provide significant benefit to
the cities of Aurora and Denver; and
(4) Reuse of the Fitzsimons facility by the local
community ensures that the property is fully utilized
by providing a benefit to the community.
(b) SENSE OF CONGRESS.—Therefore, it is the sense
of Congress that upon acceptance of the Base Closure list:
(1) The Federal screening process for all military
installations, including Fitzsimons Army Medical
Center should be accomplished at the earliest oppor-
tunity;
(2) To the extent possible, the Secretary of the
military departments should consider on an expedited
basis transferring appropriate facilities to Local Re-
development Authorities while still operational to en-
sure continuity of use to all parties concerned, in
particular, the Secretary of the Army should consider
an expedited transfer of Fitzsimons Army Medical
Center because of significant preparations underway
by the Local Redevelopment Authority;
(3) The Secretaries should not enter into leases
with Local Redevelopment Authorities until the Sec-
retary concerned has established that the lease falls
within the categorical exclusions established by the
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Military Departments pursuant to the National Envi-
ronmental Policy Act (42 U.S.C. 4321 et seq.);
(4) This section is in no way intended to cir-
cumvent the decisions of the 1995 BRAC or other ap-
plicable laws.
(c) REPORT.—180 days after the enactment of this Act
the Secretary of the Army shall provide a report to the ap-
propriate committees of the Congress on the Fitzsimons
Army Medical Center that covers:
(1) The results of the Federal screening process
for Fitzsimons and any actions that have been taken
to expedite the review;
(2) Any impediments raised during the Federal
screening process to the transfer or lease of Fitzsimons
Army Medical Center;
(3) Any actions taken by the Secretary of the
Army to lease the Fitzsimons Army Medical Center to
the local redevelopment authority;
(4) The results of any environmental reviews
under the National Environmental Policy Act in
which such a lease would fall into the categorical ex-
clusions established by the Secretary of the Army; and
(5) The results of the environmental baseline sur-
vey and a finding of suitability or nonsuitability.
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Subtitle C—Land Conveyances
SEC. 2831. LAND ACQUISITION OR EXCHANGE, SHAW AIR
FORCE BASE, SOUTH CAROLINA.
(a) LAND ACQUISITION.—The Secretary of the Air
Force may, by means of an exchange of property, accept-
ance as a gift, or other means that does not require the
use of appropriated funds, acquire all right, title, and inter-
est in and to a parcel of real property (together with any
improvements thereon) consisting of approximately 1,100
acres that is located adjacent to the eastern end of Shaw
Air Force Base, South Carolina, and extends to Stamey
Livestock Road in Sumter County, South Carolina.
(b) ACQUISITION THROUGH EXCHANGE OF LANDS.—
For purposes of acquiring the real property described in
subsection (a) by means of an exchange of lands, the Sec-
retary may convey all right, title, and interest of the United
States in and to a parcel of real property in the possession
of the Air Force if—
(1) the Secretary determines that the land ex-
change is in the best interests of the Air Force; and
(2) the fair market value of the Air Force parcel
to be conveyed does not exceed the fair market value
of the parcel to be acquired.
(c) REVERSION OF GIFT CONVEYANCE.—If the Sec-
retary acquires the real property described in subsection (a)
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by way of gift, the Secretary may accept in the deed of con-
veyance terms or conditions requiring that the land be
reconveyed to the donor, or the donor’s heirs, if Shaw Air
Force Base ceases operations and is closed.
(d) DETERMINATIONS OF FAIR MARKET VALUE.—The
Secretary shall determine the fair market value of the par-
cels of real property to be acquired pursuant to subsection
(a) or acquired and conveyed pursuant to subsection (b).
Such determinations shall be final.
(e) DESCRIPTIONS OF PROPERTY.—The exact acreage
and legal descriptions of the parcels of real property to be
acquired pursuant to subsection (a) or acquired and con-
veyed pursuant to subsection (b) shall be determined by sur-
veys that are satisfactory to the Secretary.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the acquisition under subsection (a) or
the acquisition and conveyance under subsection (b) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2832. AUTHORITY FOR PORT AUTHORITY OF STATE OF
MISSISSIPPI TO USE CERTAIN NAVY PROP-
ERTY IN GULFPORT, MISSISSIPPI.
(a) JOINT USE AGREEMENT AUTHORIZED.—The Sec-
retary of the Navy may enter into an agreement with the
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Port Authority of the State of Mississippi (in this section
referred to as the ‘‘Port Authority’’), under which the Port
Authority may use up to 50 acres of real property and asso-
ciated facilities located at the Naval Construction Battalion
Center, Gulfport, Mississippi (in this section referred to as
the ‘‘Center’’).
(b) TERM OF AGREEMENT.—The agreement authorized
under subsection (a) may be for an initial period of not
more than 15 years. Under the agreement, the Secretary
shall provide the Port Authority with an option to extend
the agreement for 3 additional periods of 5 years each and
for such additional periods as the Secretary and the Port
Authority mutually agree.
(c) RESTRICTIONS ON USE.—The agreement author-
ized under subsection (a) shall require the Port Authority—
(1) to suspend operations at the Center in the
event that Navy contingency operations are conducted
at the Center; and
(2) to use the property covered by the agreement
in a manner consistent with the Navy operations at
the Center.
(d) CONSIDERATION.—(1) As consideration for the use
of the property covered by the agreement under subsection
(a), the Port Authority shall pay to the Navy an amount
equal to the fair market rental value of the property, as
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determined by the Secretary taking into consideration the
nature and extent of the Port Authority’s use of the prop-
erty.
(2) The Secretary may include a provision in the
agreement requiring the Port Authority—
(A) to pay the Navy an amount (as determined
by the Secretary) to cover the costs of replacing at the
Center any facilities vacated by the Navy on account
of the agreement or to construct suitable replacement
facilities for the Navy; and
(B) to pay the Navy an amount (as determined
by the Secretary) for the costs of relocating Navy op-
erations from the vacated facilities to the replacement
facilities.
(e) CONGRESSIONAL NOTIFICATION.—The Secretary
may not enter into the agreement authorized by subsection
(a) until the end of the 21-day period beginning on the date
on which the Secretary submits to Congress a report con-
taining an explanation of the terms of the proposed agree-
ment and a description of the consideration that the Sec-
retary expects to receive under the agreement.
(f) USE OF PAYMENT.—(1) The Secretary may use
amounts received under subsection (d)(1) to pay for general
supervision, administration, and overhead expenses and for
improvement, maintenance, repair, construction, or res-
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toration of facilities at the Center or of the roads and rail-
ways serving the Center.
(2) The Secretary may use amounts received under
subsection (d)(2) to pay for constructing new facilities, or
making modifications to existing facilities, that are nec-
essary to replace facilities vacated by the Navy on account
of the agreement under subsection (a) and for relocating op-
erations of the Navy from the vacated facilities to replace-
ment facilities.
(g) CONSTRUCTION BY PORT AUTHORITY.—The Sec-
retary may authorize the Port Authority to demolish exist-
ing facilities located on the property covered by the agree-
ment under subsection (a) and, consistent with the restric-
tion provided under subsection (c)(2), construct new facili-
ties on the property for the joint use of the Port Authority
and the Navy.
(h) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the agreement authorized under sub-
section (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2833. CONVEYANCE OF RESOURCE RECOVERY FACIL-
ITY, FORT DIX, NEW JERSEY.
(a) AUTHORITY TO CONVEY.—The Secretary of the
Army may convey to Burlington County, New Jersey (in
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this section referred to as the ‘‘County’’), without consider-
ation, all right, title, and interest of the United States in
and to a parcel of real property at Fort Dix, New Jersey,
consisting of approximately two acres and containing a re-
source recovery facility known as the Fort Dix resource re-
covery facility.
(b) RELATED EASEMENTS.—The Secretary may grant
to the County any easement that is necessary for access to
and operation of the resource recovery facility conveyed
under subsection (a).
(c) REQUIREMENT RELATING TO CONVEYANCE.—The
Secretary may not carry out the conveyance of the resource
recovery facility authorized in subsection (a) unless the
County agrees to accept the facility in its existing condition
at the time of conveyance.
(d) CONDITIONS ON CONVEYANCE.—The conveyance of
the resource recovery facility authorized by subsection (a)
is subject to the following conditions:
(1) That the County provide refuse service and
steam service to Fort Dix, New Jersey, at the rate
mutually agreed upon by the Secretary and the Coun-
ty and approved by the appropriate Federal or State
regulatory authority.
(2) That the County comply with all applicable
environmental laws and regulations (including any
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permit or license requirements) relating to the re-
source recovery facility.
(3) That, consistent with its ownership of the re-
source recovery facility conveyed, the County assume
full responsibility for operation, maintenance, and re-
pair of the facility and for compliance of the facility
with all applicable regulatory requirements.
(4) That the County not commence any expan-
sion of the resource recovery facility without approval
of such expansion by the Secretary.
(e) DESCRIPTION OF THE PROPERTY.—The exact legal
description of the real property to be conveyed under sub-
section (a), including the resource recovery facility conveyed
therewith, and any easements granted under subsection (b),
shall be determined by a survey and by other means satis-
factory 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 County.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) and
the grant of any easement under subsection (b) as the Sec-
retary considers appropriate to protect the interests of the
United States.
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SEC. 2834. CONVEYANCE OF WATER AND WASTEWATER
TREATMENT PLANTS, FORT GORDON, GEOR-
GIA.
(a) AUTHORITY TO CONVEY.—The Secretary of the
Army may convey to the City of Augusta, Georgia (in this
section referred to as the ‘‘City’’), without consideration, all
right, title, and interest of the United States in and to two
parcels of real property located at Fort Gordon, Georgia,
consisting of approximately seven acres each. The parcels
are improved with a water filtration plant, a water dis-
tribution system with storage tanks, a sewage treatment
plant, and a sewage collection system.
(b) RELATED EASEMENTS.—The Secretary may grant
to the City any easement that is necessary for access to the
real property conveyed under subsection (a) and operation
of the conveyed facilities.
(c) REQUIREMENT RELATING TO CONVEYANCE.—The
Secretary may not carry out the conveyance of the water
and 
wastewater 
treatment 
plants 
and 
water 
and
wastewater distribution and collection systems authorized
in subsection (a) unless the City agrees to accept the plants
and systems in their existing condition at the time of con-
veyance.
(d) CONDITIONS ON CONVEYANCE.—The conveyance
authorized by subsection (a) is subject to the following con-
ditions:
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(1) That the City provide water and sewer serv-
ice to Fort Gordon, Georgia, at a rate mutually
agreed upon by the Secretary and the City and ap-
proved by the appropriate Federal or State regulatory
authority.
(2) That the City comply with all applicable en-
vironmental laws and regulations (including any per-
mit or license requirements) relating to the water and
wastewater 
treatment 
plants 
and 
water 
and
wastewater distribution and collection systems con-
veyed under that subsection.
(3) That, consistent with its ownership of the
water and wastewater treatment plants and water
and wastewater distribution and collection systems
conveyed, the City assume full responsibility for oper-
ation, maintenance, and repair of the plants and
water and systems conveyed under that subsection
and for compliance of the plants and systems with all
applicable regulatory requirements.
(4) That the City not commence any expansion
of the water or wastewater treatment plant or water
or wastewater distribution or collection system con-
veyed under that subsection without approval of such
expansion by the Secretary.
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(e) DESCRIPTION OF PROPERTY.—The exact legal de-
scription of the real property to be conveyed under sub-
section (a), including the water and wastewater treatment
plants and water and wastewater distribution and collec-
tion systems conveyed therewith, and of any easements
granted under subsection (b), shall be determined by a sur-
vey and by other means satisfactory to the Secretary. The
cost of any survey or other services performed at the direc-
tion of the Secretary under the authority in the preceding
sentence shall be borne by the City.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) and
the grant of any easement under subsection (b) as the Sec-
retary considers appropriate to protect the interests of the
United States.
SEC. 2835. CONVEYANCE OF WATER TREATMENT PLANT,
FORT PICKETT, VIRGINIA.
(a) AUTHORITY TO CONVEY.—(1) The Secretary of the
Army may convey to the Town of Blackstone, Virginia (in
this section referred to as the ‘‘Town’’), without consider-
ation, all right, title, and interest of the United States in
and to the property described in paragraph (2).
(2) The property referred to in paragraph (1) is the
following property located at Fort Pickett, Virginia:
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(A) A parcel of real property consisting of ap-
proximately 10 acres, including a reservoir and im-
provements thereon, the site of the Fort Pickett water
treatment plant.
(B) Any equipment, fixtures, structures, or other
improvements (including any water transmission
lines, water distribution and service lines, fire hy-
drants, water pumping stations, and other improve-
ments) not located on the parcel described in subpara-
graph (A) that are jointly identified by the Secretary
and the Town as owned and utilized by the Federal
Government in order to provide water to and distrib-
ute water at Fort Pickett.
(b) RELATED EASEMENTS.—The Secretary may grant
to the Town the following easements relating to the convey-
ance of the property authorized by subsection (a):
(1) Such easements, if any, as the Secretary and
the Town jointly determine are necessary in order to
provide access to the water distribution system re-
ferred to in paragraph (2) of such subsection for
maintenance, safety, and other purposes.
(2) Such easements, if any, as the Secretary and
the Town jointly determine are necessary in order to
provide access to the finished water lines from the sys-
tem to the Town.
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(3) Such rights of way appurtenant, if any, as
the Secretary and the Town jointly determine are nec-
essary in order to satisfy requirements imposed by
any Federal, State, or municipal agency relating to
the maintenance of a buffer zone around the water
distribution system.
(c) WATER RIGHTS.—The Secretary shall grant to the
Town as part of the conveyance under subsection (a) all
right, title, and interest of the United States in and to any
water of the Nottoway River, Virginia, that is connected
with the reservoir referred to in paragraph (2)(A) of such
subsection.
(d) REQUIREMENTS RELATING TO CONVEYANCE.—(1)
The Secretary may not carry out the conveyance of the
water distribution system authorized under subsection (a)
unless the Town agrees to accept the system in its existing
condition at the time of the conveyance.
(2) The Secretary shall complete any environmental
removal or remediation required under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) with respect to the system
to be conveyed under this section before carrying out the
conveyance.
(e) CONDITIONS.—The conveyance authorized in sub-
section (a) shall be subject to the following conditions:
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(1) That the Town reserve for provision to Fort
Pickett, and provide to Fort Pickett on demand, not
less than 1,500,000 million gallons per day of treated
water from the water distribution system.
(2) That the Town provide water to and distrib-
ute water at Fort Pickett at a rate that is no less fa-
vorable than the rate that the Town would charge a
public or private entity similar to Fort Pickett for the
provision and distribution of water.
(3) That the Town maintain and operate the
water distribution system in compliance with all ap-
plicable Federal and State environmental laws and
regulations (including any permit and license re-
quirements).
(f) DESCRIPTION OF PROPERTY.—The exact legal de-
scription of the property to be conveyed under subsection
(a), of any easements granted under subsection (b), and of
any water rights granted under subsection (c) shall be deter-
mined by a survey and other means satisfactory to the Sec-
retary. 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 Town.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance authorized under sub-
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section (a), the easements granted under subsection (b), and
the water rights granted under subsection (c) that the Sec-
retary considers appropriate to protect the interests of the
United States.
SEC. 2836. CONVEYANCE OF ELECTRIC POWER DISTRIBU-
TION SYSTEM, FORT IRWIN, CALIFORNIA.
(a) AUTHORITY TO CONVEY.—(1) The Secretary of the
Army may convey to the Southern California Edison Com-
pany, California (in this section referred to as the ‘‘Com-
pany’’), without consideration, all right, title, and interest
of the United States in and to the electric power distribu-
tion system described in subsection (b).
(2) The Secretary may not convey any real property
under the authority in paragraph (1).
(b) COVERED SYSTEM.—The electric power distribu-
tion system referred to in subsection (a) is the electric power
distribution system located at Fort Irwin, California, and
includes the equipment, fixtures, structures, and other im-
provements (including approximately 115 miles of electrical
distribution lines, poles, switches, reclosers, transformers,
regulators, switchgears, and service lines) that the Federal
Government utilizes to provide electric power at Fort Irwin.
(c) RELATED EASEMENTS.—The Secretary may grant
to the Company any easement that is necessary for access
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to and operation of the electric power distribution system
conveyed under subsection (a).
(d) REQUIREMENT RELATING TO CONVEYANCE.—The
Secretary may not carry out the conveyance of the electric
power distribution system authorized in subsection (a) un-
less the Company agrees to accept that system in its existing
condition at the time of the conveyance.
(e) CONDITIONS
ON CONVEYANCE.—The conveyance
authorized by subsection (a) is subject to the following con-
ditions:
(1) That the Company provide electric power to
Fort Irwin, California, at a rate mutually agreed
upon by the Secretary and the Company and ap-
proved by the appropriate Federal or State regulatory
authority.
(2) That the Company comply with all applica-
ble environmental laws and regulations (including
any permit or license requirements) relating to the
electric power distribution system.
(3) That, consistent with its ownership of the
electric power distribution system conveyed, the Com-
pany assume full responsibility for operation, mainte-
nance, and repair of the system and for compliance
of the system with all applicable regulatory require-
ments.
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(4) That the Company not commence any expan-
sion of the electric power distribution system without
approval of such expansion by the Secretary.
(f) DESCRIPTION OF PROPERTY.—The exact legal de-
scription of the electric power distribution system to be con-
veyed pursuant to subsection (a), including any easement
granted under subsection (b), shall be determined by a sur-
vey and by other means satisfactory to the Secretary. The
cost of any survey or other services performed at the direc-
tion of the Secretary pursuant to the authority in the pre-
ceding sentence shall be borne by the Company.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) and
the grant of any easement under subsection (b) as the Sec-
retary considers appropriate to protect the interests of the
United States.
SEC. 2837. LAND EXCHANGE, FORT LEWIS, WASHINGTON.
(a) IN GENERAL.—(1) The Secretary of the Army may
convey to the Weyerhaeuser Real Estate Company, Wash-
ington (in this section referred to as the ‘‘Company’’), all
right, title, and interest of the United States in and to the
parcels of real property described in paragraph (2).
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(2) The authority in paragraph (1) applies to the fol-
lowing parcels of real property located on the Fort Lewis
Military Reservation, Washington:
(A) An unimproved portion of Tract 1000 (for-
merly being in the DuPont-Steilacoom Road), consist-
ing of approximately 1.23 acres.
(B) Tract 26E, consisting of approximately 0.03
acres.
(b) CONSIDERATION.—As consideration for the convey-
ance authorized by subsection (a), the Company shall—
(1) convey (or acquire and then convey) to the
United States all right, title, and interest in and to
a parcel of real property consisting of approximately
0.39 acres, together with improvements thereon, lo-
cated within the boundaries of Fort Lewis Military
Reservation;
(2) construct an access road from Pendleton
Street to the DuPont Recreation Area and a walkway
path through DuPont Recreation Area;
(3) construct as improvements to the recreation
area a parking lot, storm drains, perimeter fencing,
restroom facilities, and initial grading of the DuPont
baseball fields; and
(4) provide such other consideration as may be
necessary (as determined by the Secretary) to ensure
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that the fair market value of the consideration pro-
vided by the Company under this subsection is not
less than the fair market value of the parcels of real
property conveyed under subsection (a).
(c) DETERMINATIONS OF FAIR MARKET VALUE.—The
determinations of the Secretary regarding the fair market
value of the real property to be conveyed pursuant to sub-
sections (a) and (b), and of any other consideration pro-
vided by the Company under subsection (b), shall be final.
(d) TREATMENT OF OTHER INTERESTS IN PARCELS
TO BE CONVEYED.—The Secretary may enter into an
agreement with the appropriate officials of Pierce County,
Washington, which provides for—
(1) Pierce County to release the existing rever-
sionary interest of Pierce County in the parcels of
real property to be conveyed by the United States
under subsection (a); and
(2) the United States, in exchange for the release,
to convey or grant to Pierce County an interest in the
parcel of real property conveyed to the United States
under subsection (b)(1) that is similar in effect (as to
that parcel) to the reversionary interest released by
Pierce County under paragraph (1).
(e) DESCRIPTION OF PROPERTY.—The exact acreages
and legal descriptions of the parcels of real property to be
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conveyed under subsections (a) and (b) shall be determined
by surveys satisfactory to the Secretary. The cost of such
surveys shall be borne by the Company.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require any additional terms and conditions
in connection with the conveyances under this section that
the Secretary considers appropriate to protect the interest
of the United States.
SEC. 2838. LAND CONVEYANCE, NAVAL SURFACE WARFARE
CENTER, MEMPHIS, TENNESSEE.
(a) AUTHORITY TO CONVEY.—The Secretary of the
Navy may convey to the Memphis and Shelby County Port
Commission, Memphis, Tennessee (in this section referred
to as the ‘‘Port’’), all right, title, and interest of the United
States in and to a parcel of real property (including any
improvements thereon) consisting of approximately 26 acres
that is located at the Carderock Division, Naval Surface
Warfare Center, Memphis Detachment, Presidents Island,
Memphis, Tennessee.
(b) CONSIDERATION.—As consideration for the convey-
ance of real property under subsection (a), the Port shall—
(1) grant to the United States a restrictive ease-
ment in and to a parcel of real property consisting
of approximately 100 acres that is adjacent to the
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Memphis Detachment, Presidents Island, Memphis,
Tennessee; and
(2) if the fair market value of the easement
granted under paragraph (1) exceeds the fair market
value of the real property conveyed under subsection
(a), provide the United States such additional consid-
eration as the Secretary and the Port jointly deter-
mine appropriate so that the value of the consider-
ation received by the United States under this sub-
section is equal to or greater than the fair market
value of the real property conveyed under subsection
(a).
(c) CONDITION OF CONVEYANCE.—The conveyance au-
thorized by subsection (a) shall be carried out in accordance
with the provisions of the Land Exchange Agreement be-
tween the United States of America and the Memphis and
Shelby County Port Commission, Memphis, Tennessee.
(d) DETERMINATION OF FAIR MARKET VALUE.—The
Secretary shall determine the fair market value of the real
property to be conveyed under subsection (a) and of the
easement to be granted under subsection (b)(1). Such deter-
minations shall be final.
(e) USE OF PROCEEDS.—The Secretary shall deposit
any proceeds received under subsection (b)(2) as consider-
ation for the conveyance of real property authorized under
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subsection (a) in the special account established pursuant
to section 204(h) of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 485(h)).
(f) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) and the easement to be granted under
subsection (b)(1) shall be determined by surveys satisfactory
to the Secretary. The cost of the surveys shall be borne by
the Port.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance authorized by subsection
(a) and the easement granted under subsection (b)(1) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2839. LAND CONVEYANCE, RADAR BOMB SCORING
SITE, FORSYTH, MONTANA.
(a) AUTHORITY TO CONVEY.—The Secretary of the Air
Force may convey, without consideration, to the City of
Forsyth, Montana (in this section referred to as the ‘‘City’’),
all right, title, and interest of the United States in and to
the parcel of property (including any improvements there-
on) consisting of approximately 58 acres located in Forsyth,
Montana, which has served as a support complex and rec-
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reational facilities for the Radar Bomb Scoring Site,
Forsyth, Montana.
(b) CONDITION
OF CONVEYANCE.—The conveyance
under subsection (a) shall be subject to the condition that
the City—
(1) utilize the property and recreational facili-
ties conveyed under that subsection for housing and
recreation purposes; or
(2) enter into an agreement with an appropriate
public or private entity to lease such property and fa-
cilities to that entity for such purposes.
(c) REVERSION.—If the Secretary determines at any
time that the property conveyed under subsection (a) is not
being utilized in accordance with paragraph (1) or para-
graph (2) of subsection (b), all right, title, and interest in
and to the conveyed property, including any improvements
thereon, shall revert to the United States and the United
States shall have the right of immediate entry onto the
property.
(d) 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 such survey shall be borne by the City.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
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in connection with the conveyance under this section as the
Secretary determines appropriate to protect the interests of
the United States.
SEC. 2840. LAND CONVEYANCE, RADAR BOMB SCORING
SITE, POWELL, WYOMING.
(a) AUTHORITY TO CONVEY.—The Secretary of the Air
Force may convey, without consideration, to the Northwest
College Board of Trustees (in this section referred to as the
‘‘Board’’), all right, title, and interest of the United States
in and to a parcel of real property (including any improve-
ments thereon) consisting of approximately 24 acres located
in Powell, Wyoming, which has served as the location of
a support complex, recreational facilities, and housing fa-
cilities for the Radar Bomb Scoring Site, Powell, Wyoming.
(b) CONDITION OF CONVEYANCE.—The conveyance au-
thorized under subsection (a) shall be subject to the condi-
tion that the Board use the property conveyed under that
subsection for housing and recreation purposes and for such
other purposes as the Secretary and the Board jointly deter-
mine appropriate.
(c) REVERSIONARY INTEREST.—During the 5-year pe-
riod beginning on the date that the Secretary makes the
conveyance authorized under subsection (a), if the Secretary
determines that the conveyed property is not being used in
accordance with subsection (b), all right, title, and interest
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in and to the conveyed property, including any improve-
ments thereon, shall revert to the United States and the
United States shall have the right of immediate entry onto
the property.
(d) 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
Board.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2841. REPORT ON DISPOSAL OF PROPERTY, FORT ORD
MILITARY COMPLEX, CALIFORNIA.
Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress
a report describing the plans of the Secretary for the dis-
posal of a parcel of real property consisting of approxi-
mately 477 acres at the former Fort Ord Military Complex,
California, including the Black Horse Golf Course, the Bay-
onet Golf Course, and a portion of the Hayes Housing Fa-
cility.
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SEC. 2842. LAND CONVEYANCE, NAVY PROPERTY, FORT
SHERIDAN, ILLINOIS.
(a) AUTHORITY TO CONVEY.—Subject to subsections
(b) and (l), the Secretary of the Navy may convey to any
transferee selected under subsection (i) all right, title, and
interest of the United States in and to a parcel of real prop-
erty (including any improvements thereon) at Fort Sheri-
dan, Illinois, consisting of approximately 182 acres and
comprising the Navy housing areas at Fort Sheridan.
(b) REQUIREMENT
FOR FEDERAL SCREENING
OF
PROPERTY.—The Secretary may not carry out the convey-
ance of property authorized by subsection (a) unless the Sec-
retary determines that no department or agency of the Fed-
eral Government will accept the transfer of the property.
(c) CONSIDERATION.—(1) As consideration for the con-
veyance under subsection (a), the transferee selected under
subsection (i) shall—
(A) convey to the United States a parcel of real
property that meets the requirements of subsection
(d);
(B) design for and construct on the property
conveyed under subparagraph (A) such housing facili-
ties (including support facilities and infrastructure)
to replace the housing facilities conveyed pursuant to
the authority in subsection (a) as the Secretary con-
siders appropriate;
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(C) pay the cost of relocating Navy personnel re-
siding in the housing facilities located on the real
property conveyed pursuant to the authority in sub-
section (a) to the housing facilities constructed under
subparagraph (B);
(D) provide for the education of dependents of
such personnel under subsection (e); and
(E) carry out such activities for the maintenance
and improvement of the facilities constructed under
subparagraph (B) as the Secretary and the transferee
jointly determine appropriate.
(2) The Secretary shall ensure that the fair market
value of the consideration provided by the transferee under
paragraph (1) is not less than the fair market value of the
property interest conveyed by the Secretary under sub-
section (a).
(d) REQUIREMENTS RELATING TO PROPERTY TO BE
CONVEYED
TO UNITED STATES.—The property interest
conveyed to the United States under subsection (c)(1)(A)
by the transferee selected under subsection (i) shall—
(1) be located not more than 25 miles from the
Great Lakes Naval Training Center, Illinois;
(2) be located in a neighborhood or area having
social and economic conditions similar to the social
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and economic conditions of the area in which Fort
Sheridan is located; and
(3) be acceptable to the Secretary.
(e) EDUCATION OF DEPENDENTS OF NAVY PERSON-
NEL.—In providing for the education of dependents of Navy
personnel under subsection (c)(1)(D), the transferee selected
under subsection (i) shall ensure that such dependents may
enroll at the schools of one or more school districts in the
vicinity of the real property conveyed to the United States
under subsection (c)(1)(A) which schools and districts—
(1) meet such standards for schools and schools
districts as the Secretary shall establish; and
(2) will continue to meet such standards after
the enrollment of such dependents regardless of the re-
ceipt by such school districts of Federal impact aid.
(f) INTERIM RELOCATION
OF NAVY PERSONNEL.—
Pending completion of the construction of all the housing
facilities proposed to be constructed under subsection
(c)(1)(B) by the transferee selected under subsection (i), the
Secretary may relocate Navy personnel residing in housing
facilities located on the property to be conveyed pursuant
to the authority in subsection (a) to the housing facilities
that have been constructed by the transferee under such sub-
section (c)(1)(B).
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(g) APPLICABILITY OF CERTAIN AGREEMENTS.—The
property conveyed by the Secretary pursuant to the author-
ity in subsection (a) shall be subject to the Memorandum
of Understanding concerning the Transfer of Certain Prop-
erties at Fort Sheridan, Illinois, dated August 8, 1991, be-
tween the Department of the Army and the Department of
the Navy.
(h) DETERMINATION OF FAIR MARKET VALUE.—The
Secretary shall determine the fair market value of the real
property interest to be conveyed under subsection (a) and
of the consideration to be provided under subsection (c)(1).
Such determination shall be final.
(i) SELECTION OF TRANSFEREE.—(1) The Secretary
shall use competitive procedures for the selection of a trans-
feree under subsection (a).
(2) In evaluating the offers of prospective transferees,
the Secretary shall—
(A) consider the technical sufficiency of the offers
and the adequacy of the offers in meeting the require-
ments for consideration set forth in subsection (c)(1);
and
(B) consult with the communities and jurisdic-
tions in the vicinity of Fort Sheridan (including the
City of Lake Forest, the City of Highwood, and the
City of Highland Park and the County of Lake) in
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order to determine the most appropriate use of the
property to be conveyed.
(j) DESCRIPTIONS OF PROPERTY.—The exact acreage
and legal descriptions of the real property to be conveyed
by the Secretary under subsection (a) and the real property
to be conveyed under subsection (c)(1)(A) shall be deter-
mined by surveys satisfactory to the Secretary. The cost of
such surveys shall be borne by the transferee selected under
subsection (i).
(k) 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 interests
of the United States.
SEC. 2843. LAND CONVEYANCE, ARMY RESERVE PROPERTY,
FORT SHERIDAN, ILLINOIS.
(a) AUTHORITY TO CONVEY.—Subject to subsection
(b), the Secretary of the Army may convey to any transferee
selected under subsection (g) all right, title, and interest of
the United States in and to a parcel of real property (in-
cluding improvements thereon) at Fort Sheridan, Illinois,
consisting of approximately 114 acres and comprising an
Army Reserve area.
(b) REQUIREMENT
FOR FEDERAL SCREENING
OF
PROPERTY.—The Secretary may not carry out the convey-
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ance of property authorized by subsection (a) unless the Sec-
retary determines that no department or agency of the Fed-
eral Government will accept the transfer of the property.
(c) CONSIDERATION.—(1) As consideration for the con-
veyance under subsection (a), the transferee selected under
subsection (g) shall—
(A) convey to the United States a parcel of real
property that meets the requirements of subsection
(d);
(B) design for and construct on the property
conveyed under subparagraph (A) such facilities (in-
cluding support facilities and infrastructure) to re-
place the facilities conveyed pursuant to the authority
in subsection (a) as the Secretary considers appro-
priate; and
(C) pay the cost of relocating Army personnel in
the facilities located on the real property conveyed
pursuant to the authority in subsection (a) to the fa-
cilities constructed under subparagraph (B).
(2) The Secretary shall ensure that the fair market
value of the consideration provided by the transferee under
paragraph (1) is not less than the fair market value of the
real property conveyed by the Secretary under subsection
(a).
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(d) REQUIREMENTS RELATING TO PROPERTY TO BE
CONVEYED TO UNITED STATES.—The real property con-
veyed to the United States under subsection (c)(1)(A) by
the transferee selected under subsection (g) shall—
(1) be located not more than 25 miles from Fort
Sheridan;
(2) be located in a neighborhood or area having
social and economic conditions similar to the social
and economic conditions of the area in which Fort
Sheridan is located; and
(3) be acceptable to the Secretary.
(e) INTERIM RELOCATION OF ARMY PERSONNEL.—
Pending completion of the construction of all the facilities
proposed to be constructed under subsection (c)(1)(B) by the
transferee selected under subsection (g), the Secretary may
relocate Army personnel in the facilities located on the
property to be conveyed pursuant to the authority in sub-
section (a) to the facilities that have been constructed by
the transferee under such subsection (c)(1)(B).
(f) DETERMINATION OF FAIR MARKET VALUE.—The
Secretary shall determine the fair market value of the real
property to be conveyed under subsection (a) and of the con-
sideration to be provided under subsection (c)(1). Such de-
termination shall be final.
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(g) SELECTION OF TRANSFEREE.—(1) The Secretary
shall use competitive procedures for the selection of a trans-
feree under subsection (a).
(2) In evaluating the offers of prospective transferees,
the Secretary shall—
(A) consider the technical sufficiency of the offers
and the adequacy of the offers in meeting the require-
ments for consideration set forth in subsection (c)(1);
and
(B) consult with the communities and jurisdic-
tions in the vicinity of Fort Sheridan (including the
City of Lake Forest, the City of Highwood, and the
City of Highland Park and the County of Lake) in
order to determine the most appropriate use of the
property to be conveyed.
(h) DESCRIPTIONS OF PROPERTY.—The exact acreage
and legal descriptions of the real property to be conveyed
by the Secretary under subsection (a) and the real property
to be conveyed under subsection (c)(1)(A) shall be deter-
mined by surveys satisfactory to the Secretary. The cost of
such surveys shall be borne by the transferee selected under
subsection (g).
(i) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyances under this section as
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the Secretary considers appropriate to protect the interests
of the United States.
SEC. 2844. LAND CONVEYANCE, NAVAL COMMUNICATIONS
STATION, STOCKTON, CALIFORNIA.
(a) AUTHORITY TO CONVEY.—The Secretrary of the
Navy may, upon the concurrence of the Administrator of
General Services and the Secretary of Housing and Urban
Development, convey to the Port of Stockton (in this section
referred to as the ‘‘Port’’), all right, title, and interest of
the United States in and to a parcel of real property, in-
cluding any improvements thereon, consisting of approxi-
mately 1,450 acres at the Naval Communication Station,
Stockton, California.
(b) INTERIM LEASE.—Until such time as the real
property described in subsection (a) is conveyed by deed,
the Secretary may lease the property, along with improve-
ments thereon, to the Port under terms and conditions satis-
factory to the Secretary.
(c) CONSIDERATION.—The conveyance may be as a
public benefit conveyance for port development as defined
in section 203 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484), as amended, provided
the Port satisfies the criteria in section 203 and such regu-
lations as the Administrator of General Services may pre-
scribe to implement that section. Should the Port fail to
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qualify for a public benefit conveyance and still desire to
acquire the property, then the Port shall, as consideration
for the conveyance, pay to the United States an amount
equal to the fair market value of the property to be con-
veyed, as determined by the Secretary.
(d) FEDERAL LEASE OF CONVEYED PROPERTY.—Not-
withstanding any other provision of law, as a condition for
transfer of this property under subparagraph (a), the Sec-
retary may require that the Port agree to lease all or a
part of the property currently under Federal use at the time
of conveyance to the United States for use by the Depart-
ment of Defense or any other Federal agency under the same
terms and conditions now presently in force. Such terms
and conditions will continue to include payment (to the
Port) for maintenance of facilities leased to the Federal
Government. Such maintenance of the Federal premises
shall be to the reasonable satisfaction of the United States,
or as required by all applicable Federal, State and local
laws and ordinances.
(e) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of such survey shall be borne by
Port
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(f) ADDITIONAL TERMS.—The Secretary may require
such additional terms and conditions in connection with
the conveyance under subsection (a) or the lease under sub-
section (b) as the Secretary considers appropriate to protect
the interests of the United States.
(g) ENVIRONMENTAL QUALITY OF PROPERTY.—Any
contract for sale, deed, or other transfer of real property
under this section shall be carried out in compliance with
section 120(h) of the CERCLA (42 U.S.C. 9620(h)) and
other environmental laws.
SEC. 2845. 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 Da-
kota (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 approximately
9.77 acres and comprising the William Langer Jewel Bear-
ing Plant in Rolla, North Dakota.
(b) CONDITION OF CONVEYANCE.—The conveyance au-
thorized under subsection (a) shall be subject to the condi-
tion that the Authority—
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(d) AVAILABILITY OF FUNDS FOR MAINTENANCE AND
CONVEYANCE OF PLANT.—Notwithstanding any other pro-
vision of law, funds available in fiscal year 1995 for the
maintenance of the William Langer Jewel Bearing Plant
in Public Law 103–335 shall be available for the mainte-
nance of that plant in fiscal year 1996, pending convey-
ance, and for the conveyance of that plant under this sec-
tion.
(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 such 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.
SEC. 2846. LAND EXCHANGE, UNITED STATES ARMY RE-
SERVE CENTER, GAINESVILLE, GEORGIA.
(a) IN GENERAL.—The Secretary of the Army may
convey to the City of Gainesville, Georgia (in this section
referred to as the ‘‘City’’), all right, title, and interest of
the United States in and to a parcel of real property (to-
gether with any improvements thereon) consisting of ap-
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proximately 4.2 acres located on Shallowford Road, in the
City of Gainesville, Georgia.
(b) CONSIDERATION.—As consideration for the convey-
ance authorized by subsection (a), the city shall—
(1) convey to the United States all right, title,
and interest in and to a parcel of real property con-
sisting of approximately 8 acres of land, acceptable to
the Secretary, in the Atlas Industrial Park, Gaines-
ville, Georgia;
(2) design and construct on such real property
suitable replacement facilities in accordance with the
requirements of the Secretary, for the training activi-
ties of the United States Army Reserve;
(3) fund and perform any environmental and
cultural resource studies, analysis, documentation
that may be required in connection with the land ex-
change and construction considered by this section;
(4) reimburse the Secretary for the costs of relo-
cating the United States Army Reserve units from the
real property to be conveyed under subsection (a) to
the replacement facilities to be constructed by the City
under subsection (b)(2). The Secretary shall deposit
such funds in the same account used to pay for the
relocation;
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(5) pay to the United States an amount as may
be necessary to ensure that the fair market value of
the consideration provided by the City under this sub-
section is not less than fair market value of the parcel
of real property conveyed under subsection (a); and
(6) assume all environmental liability under the
Comprehensive Environmental Response, Compensa-
tion, and Liability Act (42 U.S.C. 9620(h)) for the
real property to be conveyed under subsection (b)(1).
(c) DETERMINATION OF FAIR MARKET VALUE.—The
determination of the Secretary regarding the fair market
value of the real property to be conveyed pursuant to sub-
section (a), and of any other consideration provided by the
City under subsection (b), shall be final.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the parcels of real property to be
conveyed under subsections (a) and (b) shall be determined
by surveys satisfactory to the Secretary. The cost of such
surveys shall be borne by the City.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require any additional terms and conditions
in connection with the conveyances under this section that
the Secretary considers appropriate to protect the interest
of the United States.
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Subtitle D—Transfer of Jurisdic-
tion 
and 
Establishment 
of
Midewin 
National 
Tallgrass
Prairie
SEC. 2851. SHORT TITLE.
This subtitle may be cited as the ‘‘Illinois Land Con-
servation Act of 1995’’.
SEC. 2852. DEFINITIONS.
As used in this subtitle:
(1) The term ‘‘Administrator’’ means the Admin-
istrator of the Environmental Protection Agency.
(2) The term ‘‘agricultural purposes’’ means,
with respect to land, the use of land for row crops,
pasture, hay, or grazing.
(3) The term ‘‘Arsenal’’ means the Joliet Army
Ammunition Plant located in the State of Illinois.
(4) The term ‘‘Arsenal Land Use Concept’’ refers
to the proposals that were developed and unanimously
approved on April 8, 1994, by the Joliet Arsenal Citi-
zen Planning Commission.
(5) The term ‘‘CERCLA’’ means the Comprehen-
sive Environmental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et seq.).
(6) The term ‘‘Defense Environmental Restora-
tion Program’’ means the Defense Environmental
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Restoration Program established under section 2701
of title 10, United States Code.
(7) The term ‘‘environmental law’’ means all ap-
plicable Federal, State, and local laws, regulations,
and requirements related to the protection of human
health, natural and cultural resources, or the environ-
ment, including—
(A) CERCLA;
(B) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
(C) the Federal Water Pollution Control Act
(commonly known as the ‘‘Clean Water Act’’; 33
U.S.C. 1251 et seq.);
(D) the Clean Air Act (42 U.S.C. 7401 et
seq.);
(E) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(F) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.); and
(G) title XIV of the Public Health Service
Act (commonly known as the ‘‘Safe Drinking
Water Act’’) (42 U.S.C. 300f et seq.).
(8) The term ‘‘hazardous substance’’ has the
meaning given the term in section 101(14) of
CERCLA (42 U.S.C. 9601(14)).
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(9) The term ‘‘MNP’’ means the Midewin Na-
tional Tallgrass Prairie established under section
2853 and managed as part of the National Forest
System.
(10) The term ‘‘national cemetery’’ means a cem-
etery that is part of the National Cemetery System
under chapter 24 of title 38, United States Code.
(11) The term ‘‘person’’ has the meaning given
the term in section 101(21) of CERCLA (42 U.S.C.
9601(21)).
(12) The term ‘‘pollutant or contaminant’’ has
the meaning given the term in section 101(33) of
CERCLA (42 U.S.C. 9601(33)).
(13) The term ‘‘release’’ has the meaning given
the term in section 101(22) of CERCLA (42 U.S.C.
9601(22)).
(14) The term ‘‘response’’ has the meaning given
the term in section 101(25) of CERCLA (42 U.S.C.
9601(25)).
(15) The term ‘‘Secretary’’ means the Secretary
of Agriculture.
SEC. 
2853. 
ESTABLISHMENT 
OF 
MIDEWIN 
NATIONAL
TALLGRASS PRAIRIE.
(a) ESTABLISHMENT.—On the date of the initial
transfer of jurisdiction of portions of the Arsenal to the Sec-
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retary under section 2854(a)(1), the Secretary shall estab-
lish the MNP described in subsection (b).
(b) DESCRIPTION.—The MNP shall consist of all por-
tions of the Arsenal transferred to the Secretary under this
subtitle.
(c) ADMINISTRATION.—The Secretary shall manage the
MNP as a part of the National Forest System in accordance
with this subtitle and the laws, rules, and regulations per-
taining to the National Forests, except that the Bankhead-
Jones Farm Tenant Act (7 U.S.C. 1000 et seq.) shall not
apply to the MNP.
(d) LAND ACQUISITION FUNDS.—Notwithstanding sec-
tion 7 of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l–9), money appropriated from the
land and water conservation fund established under section
2 of that Act (16 U.S.C. 460l–5) may be used for acquisition
of lands and interests in land for inclusion in the MNP.
(e) LAND AND RESOURCE MANAGEMENT PLAN.—The
Secretary shall develop a land and resource management
plan for the MNP, after consulting with the Illinois Depart-
ment of Conservation and local governments adjacent to the
MNP and providing an opportunity for public comment.
(f) PRE-PLAN MANAGEMENT.—In order to expedite the
administration and public use of the MNP, the Secretary
may, prior to the development of a land and resource man-
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agement plan for the MNP under subsection (e), manage
the MNP for the purposes described in subsection (g).
(g) PURPOSES OF MNP.—In establishing the MNP, the
Secretary shall—
(1) conserve and enhance populations and habi-
tats of fish, wildlife, and plants, including popu-
lations of grassland birds, raptors, passerines, and
marsh and water birds;
(2) restore and enhance, where practicable, habi-
tats for species listed as threatened or endangered, or
proposed to be listed, under section 4 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533);
(3) provide fish- and wildlife-oriented public uses
at levels compatible with the conservation, enhance-
ment, and restoration of native wildlife and plants
and the habitats of native wildlife and plants;
(4) provide opportunities for scientific research;
(5) provide opportunities for environmental and
land use education;
(6) manage the land and water resources of the
MNP in a manner that will conserve and enhance the
natural diversity of native fish, wildlife, and plants;
(7) conserve and enhance the quality of aquatic
habitat; and
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(8) provide for public recreation insofar as the
recreation is compatible with paragraphs (1) through
(7).
(h) PROHIBITION AGAINST THE CONSTRUCTION OF
NEW THROUGH ROADS.—(1) Subject to paragraph (2), no
new construction of a highway, public road, or part of the
interstate system, whether Federal, State, or local, shall be
permitted through or across any portion of the MNP.
(2) This subsection does not preclude—
(A) construction and maintenance of roads for
use within the MNP;
(B) the granting of authorizations for utility
rights-of-way under applicable Federal, State, or local
law;
(C) necessary access by the Secretary of the
Army for purposes of restoration and cleanup as pro-
vided in this subtitle;
(D) such other access as is necessary.
(i) AGRICULTURAL LEASES AND SPECIAL USE AU-
THORIZATIONS.—(1) If, at the time of transfer of jurisdic-
tion under section 2854(a), there exists a lease issued by
the Secretary of the Army, Secretary of Defense, or an em-
ployee of the Secretary of the Army or the Secretary of De-
fense, for agricultural purposes on the land transferred, the
Secretary, on the transfer of jurisdiction, shall issue a spe-
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cial use authorization. Subject to paragraph (3), the terms
of the special use authorization shall be identical in sub-
stance to the lease, including terms prescribing the expira-
tion date and any payments owed to the United States. On
issuance of the special use authorization, the lease shall be-
come void.
(2) The Secretary may issue a special use authoriza-
tion to a person for use of the MNP for agricultural pur-
poses. The special use authorization shall require payment
of a rental fee, in advance, that is based on the fair market
value of the use allowed. Fair market value shall be deter-
mined by appraisal or a competitive bidding process. Sub-
ject to paragraph (3), the special use authorization shall
include such terms and conditions as the Secretary consid-
ers appropriate.
(3) No special use authorization shall be issued under
this subsection that has a term extending beyond the date
that is 20 years after the date of enactment of this Act,
unless the special use authorization is issued primarily for
purposes related to—
(A) erosion control;
(B) provision for food and habitat for fish and
wildlife; or
(C) resource management activities consistent
with the purposes of the MNP.
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(j) TREATMENT OF RENTAL FEES.—Funds received
under a special use authorization issued under subsection
(i) shall be subject to distribution to the State of Illinois
and affected counties in accordance with the Act of May
23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C. 500) and
section 13 of the Act of March 1, 1911 (36 Stat. 963, chapter
186; 16 U.S.C. 500). All funds not distributed under such
Acts shall be credited to an MNP Rental Fee Account, to
be maintained by the Secretary of the Treasury. Amounts
in the Account shall remain available until expended, with-
out fiscal year limitation. The Secretary may use funds in
the Account to carry out prairie-improvement work. Any
funds in the account that the Secretary determines to be
in excess of the cost of doing prairie-improvement work
shall be transferred, on the determination, to miscellaneous
receipts, Forest Service Fund, as a National Forest receipt
for the fiscal year in which the transfer is made.
(k) USER FEES.—The Secretary may charge reason-
able fees for the admission, occupancy, and use of the MNP
and may prescribe a fee schedule providing for a reduction
or a waiver of fees for a person engaged in an activity au-
thorized by the Secretary, including volunteer services, re-
search, or education. The Secretary shall permit admission,
occupancy, and use of the MNP at no charge for a person
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possessing a valid Golden Eagle Passport or Golden Age
Passport.
(l) SALVAGE OF IMPROVEMENTS.—The Secretary may
sell for salvage value any facility or improvement that is
transferred to the Secretary under this subtitle.
(m) TREATMENT OF USER FEES AND SALVAGE RE-
CEIPTS.—Funds collected under subsections (k) and (l) shall
be credited to a Midewin National Tallgrass Prairie Res-
toration Fund, to be maintained by the Secretary of the
Treasury. Amounts in the Fund shall remain available,
subject to appropriation, without fiscal year limitation. The
Secretary may use amounts in the Fund for restoration and
administration of the MNP, including construction of a vis-
itor and education center, restoration of ecosystems, con-
struction of recreational facilities (such as trails), construc-
tion of administrative offices, and operation and mainte-
nance of the MNP.
(n) COOPERATION WITH STATES, LOCAL GOVERN-
MENTS, AND OTHER ENTITIES.—In the management of the
MNP, the Secretary shall, to the extent practicable, cooper-
ate with affected appropriate Federal, State, and local gov-
ernmental agencies, private organizations, and corpora-
tions. The cooperation may include entering a cooperative
agreement or exercising authority under the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.)
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or the Forest and Rangeland Renewable Resources Research
Act of 1978 (16 U.S.C. 1641 et seq.). The purpose of the
cooperation may include public education, land and re-
source protection, or cooperative management among gov-
ernment, corporate, and private landowners in a manner
that is consistent with this subtitle.
SEC. 2854. TRANSFER OF MANAGEMENT RESPONSIBILITIES
AND JURISDICTION OVER ARSENAL.
(a) PHASED TRANSFER OF JURISDICTION.—(1) Not
later than 180 days after the date of the enactment of this
Act, the Secretary of the Army may transfer to the Sec-
retary of Agriculture those portions of the Arsenal property
identified for transfer to the Secretary of Agriculture under
subsection (c), and may transfer to the Secretary of Veter-
ans Affairs those portions identified for transfer to the Sec-
retary of Veterans Affairs under section 2855(a). In the case
of the Arsenal property to be transferred to the Secretary
of Agriculture, the Secretary of the Army shall transfer to
the Secretary of Agriculture only those portions for which
the Secretary of the Army and the Administrator concur
in finding that no further action is required under any en-
vironmental law and that have been eliminated from the
areas to be further studied pursuant to the Defense Environ-
mental Restoration Program for the Arsenal. Not later than
120 days after the date of the enactment of this Act, the
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Secretary of the Army and the Administrator shall provide
to the Secretary—
(A) all documentation that exists on the date the
documentation is provided that supports the finding;
and
(B) all information that exists on the date the
information is provided that relates to the environ-
mental conditions of the portions of the Arsenal to be
transferred to the Secretary under this paragraph.
(2)(A) The Secretary of the Army may transfer to the
Secretary of Agriculture any portion of the property gen-
erally identified in subsection (c) and not transferred pur-
suant to paragraph (1) when the Secretary of the Army
and the Administrator concur in finding that no further
action is required at that portion of property under any
environmental law and that the portion has been eliminated
from the areas to be further studied pursuant to the Defense
Environmental Restoration Program for the Arsenal.
(B) Not later than 60 days before a transfer under this
paragraph, the Secretary of the Army and the Adminis-
trator shall provide to the Secretary—
(i) all documentation that exists on the date the
documentation is provided that supports the finding;
and
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(ii) all information that exists on the date the
information is provided that relates to the environ-
mental conditions of the portions of the Arsenal to be
transferred to the Secretary under this paragraph.
(C) Transfer of jurisdiction under this paragraph may
be accomplished on a parcel-by-parcel basis.
(b) TRANSFER WITHOUT REIMBURSEMENT.—The Sec-
retary of the Army may transfer the area constituting the
MNP to the Secretary without reimbursement.
(c) IDENTIFICATION OF PORTIONS FOR TRANSFER FOR
MNP.—The lands to be transferred to the Secretary under
subsection (a) shall be identified in an agreement between
the Secretary of the Army and the Secretary. All the real
property and improvements comprising the Arsenal, except
for lands and facilities described in subsection (g) or des-
ignated for transfer or disposal to parties other than the
Secretary under section 2855, shall be transferred to the
Secretary.
(d) SECURITY MEASURES.—The Secretary, the Sec-
retary of the Army, and the Secretary of Veterans Affairs,
shall each provide and maintain physical and other secu-
rity measures on such portion of the Arsenal as is under
the administrative jurisdiction of the respective Secretary.
The security measures (which may include fences and natu-
ral barriers) shall include measures to prevent members of
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the public from gaining unauthorized access to such por-
tions of the Arsenal as are under the administrative juris-
diction of each respective Secretary and that may endanger
health or safety.
(e) COOPERATIVE AGREEMENTS.—The Secretary, the
Secretary of the Army, and the Administrator individually
and collectively may enter into a cooperative agreement or
a memoranda of understanding among each other, with an-
other affected Federal agency, State or local government,
private organization, or corporation to carry out the pur-
poses described in section 2853(g).
(f) INTERIM ACTIVITIES OF THE SECRETARY.—Prior
to transfer and subject to such reasonable terms and condi-
tions as the Secretary of the Army may prescribe, the Sec-
retary may enter on the Arsenal property for purposes re-
lated to planning, resource inventory, fish and wildlife
habitat manipulation (which may include prescribed burn-
ing), and other such activities consistent with the purposes
for which the MNP is established.
(g) PROPERTY USED FOR ENVIRONMENTAL CLEAN-
UP.—(1) The Secretary of the Army shall retain jurisdic-
tion, authority, and control over real property at the Arse-
nal that is used for—
(A) water treatment;
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(B) the treatment, storage, or disposal of a haz-
ardous substance, pollutant or contaminant, hazard-
ous material, or petroleum product or a derivative of
the product;
(C) purposes related to a response at the Arsenal;
and
(D) actions required at the Arsenal under an en-
vironmental law to remediate contamination or con-
ditions of noncompliance with an environmental law.
(2) In the case of a conflict between management of
the property by the Secretary and a response or other action
required under an environmental law, or necessary to reme-
diate a petroleum product or a derivative of the product,
the response or other action shall take priority.
(3)(A) All costs of necessary surveys for the transfer
of jurisdiction of a property to a Federal agency under this
subtitle shall be borne by the agency to which the property
is transferred.
(B) The Secretary of the Army shall bear the costs of
any surveys necessary for the transfer of land to a non-
Federal agency under section 2855.
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SEC. 2855. DISPOSAL FOR INDUSTRIAL PARKS, A COUNTY
LANDFILL, AND A NATIONAL VETERANS CEM-
ETERY AND TO THE ADMINISTRATOR OF GEN-
ERAL SERVICES.
(a) NATIONAL VETERANS CEMETERY.—The Secretary
of the Army may convey to the Department of Veterans Af-
fairs, without compensation, an area of real property to
be used for a national cemetery, as authorized under section
2337 of the Military Construction Authorization Act, 1988
and 1989 (division B of Public Law 100–180; 101 Stat.
1225), consisting of approximately 910 acres, the approxi-
mate legal description of which includes part of sections 30
and 31 Jackson Township, T. 34 N. R. 10 E., and including
part of sections 25 and 36 Channahon Township, T. 34 N.
R. 9 E., Will County, Illinois, as depicted on the Arsenal
Land Use Concept.
(b) COUNTY OF WILL LANDFILL.—(1) Subject to para-
graphs (2) through (6), the Secretary of the Army may con-
vey an area of real property to Will County, Illinois, with-
out compensation, to be used for a landfill by the County,
consisting of approximately 425 acres of the Arsenal, the
approximate legal description of which includes part of sec-
tions 8 and 17, Florence Township, T. 33 N. R. 10 E., Will
County, Illinois, as depicted in the Arsenal Land Use Con-
cept.
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(2) Additional acreage shall be added to the landfill
described in paragraph (1) as is necessary to reasonably
accommodate needs for the disposal of refuse and other ma-
terials from the restoration and cleanup of the Arsenal
property.
(3) Use of the landfill described in paragraph (1) or
additional acreage under paragraph (2) by any agency of
the Federal Government shall be at no cost to the Federal
Government.
(4) The Secretary of the Army may require such addi-
tional terms and conditions in connection with a convey-
ance under this subsection as the Secretary of the Army
considers appropriate to protect the interests of the United
States.
(5) Any conveyance of real property under this sub-
section shall contain a reversionary interest that provides
that the property shall revert to the Secretary of Agriculture
for inclusion in the MNP if the property is not operated
as a landfill.
(6) Liability for environmental conditions at or relat-
ed to the landfill described in paragraph (1) resulting from
activities occurring at the landfill after the date of enact-
ment of this Act and before a revision under paragraph (5)
shall be borne by Will County.
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(c) VILLAGE OF ELWOOD INDUSTRIAL PARK.—The
Secretary of the Army may convey an area of real property
to the Village of Elwood, Illinois, to be used for an indus-
trial park, consisting of approximately 1,900 acres of the
Arsenal, the approximate legal description of which in-
cludes part of section 30, Jackson Township, T. 34 N. R.
10 E., and sections or part of sections 24, 25, 26, 35, and
36 Channahon Township, T. 34 N. R. 9 E., Will County,
Illinois, as depicted on the Arsenal Land Use Concept. The
conveyance shall be at fair market value, as determined in
accordance with Federal appraisal standards and proce-
dures. Any funds received by the Village of Elwood from
the sale or other transfer of the property, or portions of the
property, less any costs expended for improvements on the
property, shall be remitted to the Secretary of the Army.
(d) CITY OF WILMINGTON INDUSTRIAL PARK.—The
Secretary of the Army may convey an area of real property
to the City of Wilmington, Illinois, to be used for an indus-
trial park, consisting of approximately 1,100 acres of the
Arsenal, the approximate legal description of which in-
cludes part of sections 16, 17, and 18 Florence Township,
T. 33 N. R. 10 E., Will County, Illinois, as depicted on
the Arsenal Land Use Concept. The conveyance shall be at
fair market value, as determined in accordance with Fed-
eral appraisal standards and procedures. Any funds re-
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ceived by the City of Wilmington from the sale or other
transfer of the property, or portions of the property, less
any costs expended for improvements on the property, shall
be remitted to the Secretary of the Army.
(e) OPTIONAL ADDITIONAL AREAS.—(1) Not later than
180 days after the construction and installation of any re-
medial design approved by the Administrator and required
for any lands described in paragraph (2), the Adminis-
trator shall provide to the Secretary all information exist-
ing on the date the information is provided regarding the
implementation of the remedy, including information re-
garding the effectiveness of the remedy. Not later than 180
days after the Administrator provides the information to
the Secretary, the Secretary of the Army shall offer the Sec-
retary the option of accepting a conveyance of the areas
described in paragraph (2), without reimbursement, to be
added to the MNP subject to the terms and conditions, in-
cluding the limitations on liability, contained in this sub-
title. If the Secretary declines the offer, the property may
be disposed of as the Secretary of the Army would ordi-
narily dispose of the property under applicable provisions
of law. The conveyance of property under this paragraph
may be accomplished on a parcel-by-parcel basis.
(2)(A) The areas on the Arsenal Land Use Concept
that may be conveyed under paragraph (1) are—
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(i) manufacturing area, study area 1, southern
ash pile;
(ii) study area 2, explosive burning ground;
(iii) study area 3, flashing-grounds;
(iv) study area 4, lead azide area;
(v) study area 10, toluene tank farms;
(vi) study area 11, landfill;
(vii) study area 12, sellite manufacturing area;
(viii) study area 14, former pond area;
(ix) study area 15, sewage treatment plant;
(x) study area L1, load assemble packing area,
group 61;
(xi) study area L2, explosive burning ground;
(xii) study area L3, demolition area;
(xiii) study area L4, landfill area;
(xiv) study area L5, salvage yard;
(xv) study area L7, group 1;
(xvi) study area L8, group 2;
(xvii) study area L9, group 3;
(xviii) study area L10, group 3A;
(xix) study area L12, Doyle Lake;
(xx) study area L14, group 4;
(xxi) study area L15, group 5;
(xxii) study area L18, group 8;
(xxiii) study area L19, group 9;
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(xxiv) study area L20, group 20;
(xxv) study area L22, group 25;
(xxvi) study area L23, group 27;
(xxvii) study area L25, group 62;
(xxviii) study area L31, extraction pits;
(xxix) study area L33, PVC area;
(xxx) study area L34, former burning area; and
(xxxi) study area L35, fill area.
(B) The areas referred to in subparagraph (A) shall
include all associated inventoried buildings and structures
as identified in the Joliet Army Ammunition Plant
Plantwide Building and Structures Report and the con-
taminate study sites for both the manufacturing and load
assembly and packing sides of the Joliet Arsenal as shown
in the Dames and Moore Final Report, Phase 2 Remedial
Investigation Manufacturing (MFG) Area Joliet Army Am-
munition Plant Joliet, Illinois (May 30, 1993. Contract No.
DAAA15-90-D-0015 task order No. 6 prepared for: United
States Army Environmental Center).
(C) Notwithstanding subparagraphs (A) and (B), the
landfill and national cemetery described in paragraphs (3)
and (4) shall not be subject to paragraph (1).
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SEC. 2856. CONTINUATION OF RESPONSIBILITY AND LIABIL-
ITY OF THE SECRETARY OF THE ARMY FOR
ENVIRONMENTAL CLEANUP.
(a) RESPONSIBILITY.—The Secretary of the Army
shall retain the responsibility to complete any remedial, re-
sponse, or other restoration actions required under any en-
vironmental law in order to carry out a transfer of property
under section 2854 before carrying out the transfer of the
property under that section.
(b) LIABILITY FOR ARSENAL.—(1) The Secretary of the
Army shall retain any obligation or other liability at the
Arsenal that the Secretary had under CERCLA and other
environmental laws. Following transfer of a portion of the
Arsenal under this subtitle, the Secretary of the Army shall
be accorded any easement or access to the property that may
be reasonably required to carry out the obligation or satisfy
the liability.
(2) The Secretary of Agriculture shall not be respon-
sible for the cost of any remedial, response, or other restora-
tion action required under any environmental law for a
matter that is related directly or indirectly to an activity
of the Secretary of the Army, or a party acting under the
authority of the Secretary of the Army, in connection with
the Defense Environmental Restoration Program, at or re-
lated to the Arsenal, including—
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(A) the costs or performance of responses re-
quired under CERCLA;
(B) the costs, penalties, or fines related to non-
compliance with an environmental law at or related
to the Arsenal or related to the presence, release, or
threat of release of a, hazardous substance, pollutant
or contaminant, hazardous waste, or hazardous mate-
rial of any kind at or related to the Arsenal, includ-
ing contamination resulting from migration of a haz-
ardous substance, pollutant or contaminant, a haz-
ardous material, or a petroleum product or a deriva-
tive of the product disposed during an activity of the
Secretary of the Army; and
(C) the costs of an action necessary to remedy
noncompliance or another problem specified in sub-
paragraph (B).
(c) PAYMENT OF RESPONSE COSTS.—A Federal agen-
cy that had or has operations at the Arsenal resulting in
the release or threatened release of a hazardous substance
or pollutant or contaminant shall pay the cost of a related
response and shall pay the costs of a related action to reme-
diate petroleum products or the derivatives of the products,
including motor oil and aviation fuel.
(d) CONSULTATION.—The Secretary shall consult with
the Secretary of the Army with respect to the management
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by the Secretary of real property included in the MNP sub-
ject to a response or other action at the Arsenal being car-
ried out by or under the authority of the Secretary of the
Army under any environmental law. The Secretary shall
consult with the Secretary of the Army prior to undertaking
an activity on the MNP that may disturb the property to
ensure that the activity shall not exacerbate contamination
problems or interfere with performance by the Secretary of
the Army of a response at the property.
SEC. 2857. DEGREE OF ENVIRONMENTAL CLEANUP.
(a) IN GENERAL.—Nothing in this subtitle shall re-
strict or lessen the degree of cleanup at the Arsenal required
to be carried out under any environmental law.
(b) RESPONSE.—The establishment of the MNP shall
not restrict or lessen in any way a response or degree of
cleanup required under CERCLA or other environmental
law, or a response required under any environmental law
to remediate petroleum products or the derivatives of the
products, including motor oil and aviation fuel, required
to be carried out by the Secretary of the Army at the Arse-
nal or surrounding areas.
(c) ENVIRONMENTAL QUALITY OF PROPERTY.—Any
contract for sale, deed, or other transfer of real property
under section 2855 shall be carried out in compliance with
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section 120(h) of the CERCLA (42 U.S.C. 9620(h)) and
other environmental laws.
Subtitle E—Other Matters
SEC. 2861. DEPARTMENT OF DEFENSE LABORATORY REVI-
TALIZATION DEMONSTRATION PROGRAM.
(a) PROGRAM REQUIRED.—The Secretary of Defense
shall carry out a program for the revitalization of Depart-
ment of Defense laboratories to be known as the ‘‘Depart-
ment of Defense Laboratory Revitalization Demonstration
Program’’. Under the program the Secretary may carry out
minor military construction projects in accordance with
subsection (b) and other applicable law to improve Depart-
ment of Defense laboratories covered by the program.
(b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO
MINOR CONSTRUCTION PROJECTS.—For purpose of any
military construction project carried out under the pro-
gram—
(1) the amount provided in the second sentence
of subsection (a)(1) of section 2805 of title 10, United
States Code (as amended by section 2801 of this Act),
shall be deemed to be $3,000,000;
(2) the amount provided in subsection (b)(1) of
such section shall be deemed to be $1,500,000; and
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(3) the amount provided in subsection (c)(1)(B)
of such section, as so amended, shall be deemed to be
$1,000,000.
(c) PROGRAM REQUIREMENTS.—(1) Not later than 30
days before commencing the program, the Secretary shall—
(A) designate the Department of Defense labora-
tories at which construction may be carried out under
the program; and
(B) establish procedures for the review and ap-
proval of requests from such laboratories to carry out
such construction.
(2) The laboratories designated under paragraph
(1)(A) may not include Department of Defense laboratories
that are contractor owned.
(3) The Secretary shall notify Congress of the labora-
tories designated under paragraph (1)(A).
(d) REPORT.—Not later than September 30, 1998, the
Secretary shall submit to Congress a report on the program.
The report shall include the Secretary’s conclusions and rec-
ommendations regarding the desirability of extending the
authority set forth in subsection (b) to cover all Department
of Defense laboratories.
(e) EXCLUSIVITY OF PROGRAM.—Nothing in this sec-
tion may be construed to limit any other authority provided
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by law for any military construction project at a Depart-
ment of Defense laboratory covered by the program.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘laboratory’’ includes—
(A) a research, engineering, and develop-
ment center;
(B) a test and evaluation activity owned,
funded, and operated by the Federal Government
through the Department of Defense; and
(C) a supporting facility of a laboratory.
(2) The term ‘‘supporting facility’’, with respect
to a laboratory, means any building or structure that
is used in support of research, development, test, and
evaluation at the laboratory.
(g) EXPIRATION OF AUTHORITY.—The Secretary may
not commence a construction project under the program
after September 30, 1999.
SEC. 2862. PROHIBITION ON JOINT CIVIL AVIATION USE OF
MIRAMAR NAVAL AIR STATION, CALIFORNIA.
The Secretary of the Navy may not enter into any
agreement that provides for or permits civil aircraft to use
regularly Miramar Naval Air Station, California.
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SEC. 2863. REPORT ON AGREEMENT RELATING TO CONVEY-
ANCE OF LAND, FORT BELVOIR, VIRGINIA.
Not later than 60 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to the
Committee on Armed Services of the Senate and the Com-
mittee on National Security of the House of Representatives
a report on the status of negotiations for the agreement re-
quired under subsection (b) of section 2821 of the Military
Construction Authorization Act for Fiscal Years 1990 and
1991 (division B of Public Law 101–189; 103 Stat. 1658)
in connection with the land conveyance authorized under
subsection (a) of that section. The report shall assess the
likelihood that the negotiations will lead to an agreement
and describe the alternative uses, if any, for the land re-
ferred to in such subsection (a) that have been identified
by the Secretary.
SEC. 2864. RESIDUAL VALUE REPORT.
(a) The Secretary of Defense, in coordination with the
Director of the Office of Management and Budget (OMB),
shall submit to the congressional defense committees status
reports on the results of residual value negotiations between
the United States and Germany, within 30 days of the re-
ceipt of such reports to the OMB.
(b) The reports shall include the following information:
(1) The estimated residual value of United States
capital value and improvements to facilities in Ger-
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many that the United States has turned over to Ger-
many.
(2) The actual value obtained by the United
States for each facility or installation turned over to
the Government of Germany.
(3) The reason(s) for any difference between the
estimated and actual value obtained.
SEC. 2865. RENOVATION OF THE PENTAGON RESERVATION.
The Secretary of Defense shall take such action as is
necessary to reduce the total cost of the renovation of the
Pentagon Reservation to not more than $1,118,000,000.
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.—Subject to subsection
(d), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for stockpile
stewardship in carrying out weapons activities necessary
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for national security programs in the amount of
$1,624,080,000, to be allocated as follows:
(1) 
For 
core 
stockpile 
stewardship,
$1,386,613,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$1,305,308,000.
(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),
$81,305,000, to be allocated as follows: Project
96–D–102, stockpile stewardship facilities revi-
talization, 
Phase 
VI, 
various 
locations,
$2,520,000.
Project 96–D–103, Atlas, Los Alamos
National Laboratory, Los Alamos, New
Mexico, $8,400,000.
Project 96–D–104, processing and en-
vironmental technology laboratory (PETL),
Sandia National Laboratories, Albuquerque,
New Mexico, $1,800,000.
Project 96–D–105, contained firing fa-
cility addition, Lawrence Livermore Na-
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tional Laboratory, Livermore, California,
$6,600,000.
Project 95–D–102, Chemical and Met-
allurgy Research Building upgrades, Los
Alamos National Laboratory, New Mexico,
$9,940,000.
Project 94–D–102, nuclear weapons re-
search, development, and testing facilities
revitalization, Phase V, various locations,
$12,200,000.
Project 93–D–102, Nevada support fa-
cility, 
North 
Las 
Vegas, 
Nevada,
$15,650,000.
Project 90–D–102, nuclear weapons re-
search, development, and testing facilities
revitalization, Phase III, various locations,
$6,200,000.
Project 88–D–106, nuclear weapons re-
search, development, and testing facilities
revitalization, Phase II, various locations,
$17,995,000.
(2) For inertial fusion, $230,667,000, to be allo-
cated as follows:
(A) 
For 
operation 
and 
maintenance,
$193,267,000.
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(B) For the following plant project (includ-
ing maintenance, restoration, planning, con-
struction, acquisition, modification of facilities,
and 
land 
acquisition 
related 
thereto),
$37,400,000:
Project 96–D–111, national ignition
facility, location to be determined.
(3) For Marshall Islands activities and Nevada
Test Site dose reconstruction, $6,800,000.
(b) STOCKPILE MANAGEMENT.—Subject to subsection
(d), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for stockpile
management in carrying out weapons activities necessary
for national security programs in the amount of
$2,035,483,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,911,858,000.
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition, modi-
fication of facilities, and the continuation of projects
authorized in prior years, and land acquisition relat-
ed thereto), $123,625,000, to be allocated as follows:
Project GPD–121, general plant projects,
various locations, $10,000,000.
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Project 96–D–122, sewage treatment quality
upgrade (STQU), Pantex Plant, Amarillo,
Texas, $600,000.
Project 96–D–123, retrofit heating, ventila-
tion, and air conditioning and chillers for ozone
protection, Y–12 Plant, Oak Ridge, Tennessee,
$3,100,000.
Project 96–D–125, Washington measure-
ments operations facility, Andrews Air Force
Base, Camp Springs, Maryland, $900,000.
Project 96–D–126, tritium loading line
modifications, Savannah River Site, South
Carolina, $12,200,000.
Project 95–D–122, sanitary sewer upgrade,
Y–12 Plant, Oak Ridge, Tennessee, $6,300,000.
Project 94–D–124, hydrogen fluoride supply
system, Y–12 Plant, Oak Ridge, Tennessee,
$8,700,000.
Project 94–D–125, upgrade life safety, Kan-
sas 
City 
Plant, 
Kansas 
City, 
Missouri,
$5,500,000.
Project 94–D–127, emergency notification
system, 
Pantex 
Plant, 
Amarillo, 
Texas,
$2,000,000.
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Project 94–D–128, environmental safety
and health analytical laboratory, Pantex Plant,
Amarillo, Texas, $4,000,000.
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, $41,065,000.
Project 88–D–122, facilities capability as-
surance program, various locations, $8,660,000.
Project 88–D–123, security enhancements,
Pantex Plant, Amarillo, Texas, $13,400,000.
(c) PROGRAM DIRECTION.—Subject to subsection (d),
funds are hereby authorized to be appropriated to the De-
partment of Energy for fiscal year 1996 for program direc-
tion in carrying out weapons activities necessary for na-
tional security programs in the amount of $118,000,000.
(d) ADJUSTMENTS.—The total amount authorized to
be appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (c) reduced by the sum of—
(1) $25,000,000, for savings resulting from pro-
curement reform; and
(2) $86,344,000, for use of prior year balances.
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SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) CORRECTIVE ACTIVITIES.—Subject to subsection
(i), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for corrective
activities in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $3,406,000, all of which shall
be available for the following plant project (including main-
tenance, restoration, planning, construction, acquisition,
modification of facilities, and land acquisition related
thereto):
Project 90–D–103, environment, safety and
health improvements, weapons research and develop-
ment complex, Los Alamos National Laboratory, Los
Alamos, New Mexico.
(b) ENVIRONMENTAL RESTORATION.—Subject to sub-
section (i), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1996 for envi-
ronmental restoration for operating expenses in carrying
out environmental restoration and waste management ac-
tivities necessary for national security programs in the
amount of $1,550,926,000.
(c) WASTE MANAGEMENT.—Subject to subsection (i),
funds are hereby authorized to be appropriated to the De-
partment of Energy for fiscal year 1996 for waste manage-
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Idaho National Engineering Laboratory, Idaho,
$4,952,000.
Project 96–D–465, 200 area sanitary sewer
system, Richland, Washington, $1,800,000.
Project 96–D–470, environmental monitor-
ing laboratory, Savannah River Site, Aiken,
South Carolina, $3,500,000.
Project 96–D–471, chlorofluorocarbon heat-
ing, ventilation, and air conditioning and chiller
retrofit, Savannah River Site, Aiken, South
Carolina, $1,500,000.
Project 96–D–472, plant engineering and
design, Savannah River Site, Aiken, South Caro-
lina, $4,000,000.
Project 96–D–473, health physics site sup-
port facility, Savannah River Site, Aiken, South
Carolina, $2,000,000.
Project 96–D–474, dry fuel storage facility,
Idaho National Engineering Laboratory, Idaho,
$15,000,000.
Project 96–D–475, high level waste volume
reduction demonstration (pentaborane), Idaho
National 
Engineering 
Laboratory, 
Idaho,
$5,000,000.
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Project 95–D–155, upgrade site road infra-
structure, Savannah River, South Carolina,
$2,900,000.
Project 95–D–156, radio trunking system,
Savannah River, South Carolina, $10,000,000.
Project 95–D–454, 324 facility compliance/
renovation, Richland, Washington, $3,500,000.
Project 95–D–456, security facilities up-
grade, Idaho Chemical Processing Plant, Idaho
National 
Engineering 
Laboratory, 
Idaho,
$8,382,000.
Project 94–D–122, underground storage
tanks, 
Rocky 
Flats, 
Golden, 
Colorado,
$5,000,000.
Project 94–D–401, emergency response facil-
ity, Idaho National Engineering Laboratory,
Idaho, $5,074,000.
Project 94–D–412, 300 area process sewer
piping system upgrade, Richland, Washington,
$1,000,000.
Project 94–D–415, medical facilities, Idaho
National 
Engineering 
Laboratory, 
Idaho,
$3,601,000.
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Project 94–D–451, infrastructure replace-
ment, Rocky Flats Plant, Golden, Colorado,
$2,940,000.
Project 93–D–147, domestic water system
upgrade, Phase I and II, Savannah River, South
Carolina, $7,130,000.
Project 93–D–172, electrical upgrade, Idaho
National 
Engineering 
Laboratory, 
Idaho,
$124,000.
Project 
92–D–123, 
plant 
fire/security
alarms system replacement, Rocky Flats Plant,
Golden, Colorado, $9,560,000.
Project 92–D–125, master safeguards and
security agreement/materials surveillance task
force security upgrades, Rocky Flats Plant, Gold-
en, Colorado, $7,000,000.
Project 92–D–181, fire and life safety im-
provements, Idaho National Engineering Lab-
oratory, Idaho, $6,883,000.
Project 91–D–127, criticality alarm and
production annunciation utility replacement,
Rocky Flats Plant, Golden, Colorado, $2,800,000.
(g) COMPLIANCE
AND PROGRAM COORDINATION.—
Subject to subsection (i), funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year
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1996 for compliance and program coordination in carrying
out environmental restoration and waste management ac-
tivities necessary for national security programs in the
amount of $81,251,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$66,251,000.
(2) For the following plant project (including
maintenance, restoration, planning, construction, ac-
quisition, modification of facilities, and land acquisi-
tion related thereto), $15,000,000:
Project 95–E–600, hazardous materials
training center, Richland, Washington.
(h) ANALYSIS, EDUCATION, 
AND
RISK
MANAGE-
MENT.—Subject to subsection (i), funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1996 for analysis, education, and risk manage-
ment in carrying out environmental restoration and waste
management activities necessary for national security pro-
grams in the amount of $80,022,000.
(i) ADJUSTMENTS.—The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts specified in subsections (a) through (h) reduced by
the sum of—
(1) $276,942,000, for use of prior year balances;
and
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(2) $37,000,000 for recovery of overpayment to
the Savannah River Pension Fund.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) OTHER DEFENSE ACTIVITIES.—Subject to sub-
section (b), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1996 for other
defense activities in carrying out programs necessary for
national security in the amount of $1,408,162,000, to be
allocated as follows:
(1) For verification and control technology,
$430,842,000, to be allocated as follows:
(A) For nonproliferation and verification
research and development, $226,142,000.
(B) For arms control, $162,364,000.
(C) For intelligence, $42,336,000.
(2) 
For 
nuclear 
safeguards 
and 
security,
$83,395,000.
(3) For security investigations, $25,000,000.
(4) For security evaluations, $14,707,000.
(5) 
For 
the 
Office 
of 
Nuclear 
Safety,
$15,050,000.
(6) For worker and community transition,
$100,000,000.
(7) For fissile materials disposition, $70,000,000.
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(8) 
For 
naval 
reactors 
development,
$682,168,000, to be allocated as follows:
(A) For operation and infrastructure,
$659,168,000.
(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),
$23,000,000, to be allocated as follows:
Project 95–D–200, laboratory systems
and hot cell upgrades, various locations,
$11,300,000.
Project 95–D–201, advanced test reac-
tor radioactive waste system upgrades,
Idaho National Engineering Laboratory,
Idaho, $4,800,000.
Project 93–D–200, engineering services
facilities, Knolls Atomic Power Laboratory,
Niskayuna, New York, $3,900,000.
Project 90–N–102, expended core facil-
ity dry cell project, Naval Reactors Facility,
Idaho, $3,000,000.
(b) ADJUSTMENT.—The total amount that may be ap-
propriated pursuant to this section is the total amount au-
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thorized to be appropriated in subsection (a) reduced by
$13,000,000, for use of prior year balances.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for payment 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 $198,400,000.
SEC. 3105. PAYMENT OF PENALTIES ASSESSED AGAINST
ROCKY FLATS SITE.
The Secretary of Energy may pay to the Hazardous
Substance Superfund established under section 9507 of the
Internal Revenue Code of 1986 (26 U.S.C. 9507), from
funds appropriated to the Department of Energy for envi-
ronmental restoration and waste management activities
pursuant to section 3102, stipulated civil penalties in the
amount of $350,000 assessed under the Comprehensive En-
vironmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) against the Rocky Flats Site,
Golden, Colorado.
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SEC. 3106. STANDARDIZATION OF ETHICS AND REPORTING
REQUIREMENTS AFFECTING THE DEPART-
MENT OF ENERGY WITH GOVERNMENT-WIDE
STANDARDS.
(a) REPEALS.—(1) Part A of title VI of the Depart-
ment of Energy Organization Act and its catchline (42
U.S.C. 7211, 7212, and 7218) are repealed.
(2) Section 308 of the Energy Research and Develop-
ment Administration Appropriation Authorization Act for
Fiscal Year 1977 (42 U.S.C. 5816a) is repealed.
(3) Section 522 of the Energy Policy and Conservation
Act (42 U.S.C. 6392) is repealed.
(b) CONFORMING AMENDMENTS.—(1) The table of con-
tents for the Department of Energy Organization Act is
amended by striking out the items relating to part A of
title VI including sections 601 through 603.
(2) The table of contents for the Energy Policy and
Conservation Act is amended by striking out the matter re-
lating to section 522.
SEC. 3107. CERTAIN ENVIRONMENTAL RESTORATION RE-
QUIREMENTS.
It is the sense of Congress that:
(1) No individual acting within the scope of that
individual’s employment with a Federal agency or de-
partment shall be personally subject to civil or crimi-
nal sanctions, for any failure to comply with an envi-
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ronmental cleanup requirement under the Solid Waste
Disposal Act or the Comprehensive Environmental
Response, Compensation, and Liability Act or an
analogous requirement under comparable Federal,
State, or local laws, whether the failure to comply is
due to lack of funds requested or appropriated to
carry out such requirement. Federal and State en-
forcement authorities shall refrain from enforcement
action in such circumstances.
(2) If appropriations by the Congress for fiscal
year 1996 or any subsequent fiscal year are insuffi-
cient to fund any such environmental cleanup re-
quirements, the committees of Congress with jurisdic-
tion shall examine the issue, elicit the views of Fed-
eral agencies, affected States, and the public, and con-
sider appropriate statutory amendments to address
personal criminal liability, and any related issues
pertaining to potential liability of any Federal agen-
cy or department or its contractors.
SEC. 3108. AMENDING THE HYDRONUCLEAR PROVISIONS
OF THIS ACT.
Notwithstanding any other provision of this Act, the
provision dealing with hydronuclear experiments is quali-
fied in the following respect:
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‘‘(c) LIMITATIONS.—Nothing in this Act shall be con-
strued as an authorization to conduct hydronuclear tests.
Furthermore, nothing in this Act shall be construed as
amending or repealing the requirements of section 507 of
Public Law 102–377.’’.
Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy sub-
mits to the congressional defense committees the report re-
ferred to in subsection (b) and a period of 30 days has
elapsed after the date on which such committees receive the
report, the Secretary may not use amounts appropriated
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 requested
of, Congress.
(b) REPORT.—(1) The report referred to in subsection
(a) is a report containing a full and complete statement
of the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed action.
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(2) In the computation of the 30-day period under sub-
section (a), there shall be excluded any day on which either
House of Congress is not in session because of an adjourn-
ment of more than 3 days to a day certain.
(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 de-
nied 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 immediately
furnish a complete report to the congressional defense com-
mittees 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
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be started or additional obligations incurred in connection
with the project above the total estimated cost, whenever the
current estimated cost of the construction project, which is
authorized by sections 3101, 3102, and 3103, or which is
in support of national security programs of the Department
of Energy and was authorized by any previous 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 justifica-
tion 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 ac-
tions and the circumstances making such action nec-
essary; 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 authorizations of the Federal
agency to which the amounts are transferred.
(b) TRANSFER WITHIN DEPARTMENT
OF ENERGY;
LIMITATIONS.—(1) Subject to paragraph (2), the Secretary
of Energy may transfer funds authorized to be appropriated
to the Department of Energy pursuant to this title between
any such authorizations. Amounts of authorizations so
transferred may be merged with and be available for the
same purposes and for the same period as the authorization
to which the amounts are transferred.
(2) Not more than 5 percent of any such authorization
may be transferred between authorizations under para-
graph (1). No such authorization may be increased or de-
creased by more than 5 percent by a transfer under such
paragraph.
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(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 Sec-
retary of Energy shall complete a conceptual design for that
project.
(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
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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 estimated
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 ar-
chitectural 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 author-
ized 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
to an authorization in this title, including funds authorized
to be appropriated under sections 3101, 3102, and 3103 for
advance planning and construction design, to perform
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planning, design, and construction activities for any De-
partment of Energy national security program construction
project that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety,
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 construc-
tion project until the Secretary has submitted to the con-
gressional 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 section
3125(b)(2) does not apply to emergency planning, design,
and construction activities conducted under this section.
(d) REPORT.—The Secretary of Energy shall report to
the congressional defense committees any exercise of author-
ity under this section.
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 of this title, amounts appropriated pursuant
to this title for management and support activities and for
general plant projects are available for use, when necessary,
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in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operating expenses, plant projects, and
capital equipment may remain available until expended.
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. TRITIUM PRODUCTION.
(a) TRITIUM PRODUCTION.—Of the funds authorized
to be appropriated to the Department of Energy under sec-
tion 3101, not more than $50,000,000 shall be available to
conduct an assessment of alternative means of ensuring that
the tritium production of the Department of Energy is ade-
quate to meet the tritium requirements of the Department
of Defense. The assessment shall include an assessment of
various types of reactors and an accelerator.
(b) LOCATION OF NEW TRITIUM PRODUCTION FACIL-
ITY.—The Secretary of Energy shall locate the new tritium
production facility of the Department of Energy at the Sa-
vannah River Site, South Carolina.
(c) TRITIUM TARGETS.—Of the funds authorized to be
appropriated to the Department of Energy under section
3101, not more than $5,000,000 shall be available for the
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Idaho National Engineering Laboratory for the test and de-
velopment of nuclear reactor tritium targets for the various
types of reactors to be assessed by the Department under
subsection (a).
SEC. 3132. FISSILE MATERIALS DISPOSITION.
Of the funds authorized to be appropriated to the De-
partment of Energy for fiscal year 1996 under section
3103(a)(7), $70,000,000 shall be available only for purposes
of completing the evaluation of, and commencing implemen-
tation of, the interim- and long-term storage and disposi-
tion of fissile materials (including plutonium, highly en-
riched uranium, and other fissile materials) that are excess
to the national security needs of the United States, of which
$10,000,000 shall be available for plutonium resource as-
sessment on a competitive basis by an appropriate univer-
sity consortium.
SEC. 3133. TRITIUM RECYCLING.
(a) IN GENERAL.—Except as provided in subsection
(b), the following activities shall be carried out at the Sa-
vannah River Site, South Carolina:
(1) All tritium recycling for weapons, including
tritium refitting.
(2) All activities regarding tritium formerly car-
ried out at the Mound Plant, Ohio.
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(b) EXCEPTION.—The following activities may be car-
ried out at the Los Alamos National Laboratory, New Mex-
ico:
(1) Research on tritium.
(2) Work on tritium in support of the defense in-
ertial confinement fusion program.
(3) Provision of technical assistance to the Sa-
vannah River Site regarding the weapons surveillance
program.
SEC. 
3134. 
MANUFACTURING 
INFRASTRUCTURE 
FOR
REFABRICATION AND CERTIFICATION OF EN-
DURING NUCLEAR WEAPONS STOCKPILE.
(a) MANUFACTURING PROGRAM.—The Secretary of
Energy shall carry out a program for purposes of establish-
ing within the Government a manufacturing infrastructure
that has the following capabilities as specified in the Nu-
clear Posture Review:
(1) To develop a stockpile surveillance engineer-
ing base.
(2) To refabricate and certify weapon compo-
nents and types in the enduring nuclear weapons
stockpile, as necessary.
(3) To design, fabricate, and certify new nuclear
warheads, as necessary.
(4) To support nuclear weapons.
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(5) To supply sufficient tritium in support of
nuclear weapons to ensure an upload hedge in the
event circumstances require.
(b) REQUIRED CAPABILITIES.—The manufacturing
infrastructure established under the program under sub-
section (a) shall include the following capabilities (modern-
ized to attain the objectives referred to in that subsection):
(1) The weapons assembly capabilities of the
Pantex Plant.
(2) The weapon secondary fabrication capabili-
ties of the Y–12 Plant, Oak Ridge, Tennessee.
(3) The tritium production and recycling capa-
bilities of the Savannah River Site.
(4) A weapon primary pit refabrication/manu-
facturing and reuse facility capability at Savannah
River Site (if required for national security pur-
poses).
(5) The non-nuclear component capabilities of
the Kansas City Plant.
(c) NUCLEAR POSTURE REVIEW.—For purposes of
subsection (a), the term ‘‘Nuclear Posture Review’’ means
the Department of Defense Nuclear Posture Review as con-
tained in the Report of the Secretary of Defense to the Presi-
dent and the Congress dated February 19, 1995, or subse-
quent such reports.