370
currency exchange rates for military construction out-
side the United States; and
(2) $47,878,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military family housing
construction and military family housing support
outside the United States.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2001 PROJECT.
(a) MODIFICATION.—The table in section 2301(a) of
the Military Construction Authorization Act for Fiscal Year
2001 (division B of the Spence Act; 114 Stat. 1654A–399)
is amended—
(1) in the item relating to McGuire Air Force
Base, New Jersey, by striking ‘‘$29,772,000’’ in the
amount column and inserting ‘‘$32,972,000’’; and
(2) by striking the amount identified as the total
in the amount column and inserting ‘‘$748,955,000’’.
(b) CONFORMING AMENDMENTS.—Section 2304(b)(2)
of that Act (114 Stat. 1654A–402) is amended by striking
‘‘$9,400,000’’ and inserting ‘‘$12,600,000’’.
371
TITLE XXIV—DEFENSE
AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2403(a)(1), the Secretary of Defense may acquire
real property and carry out military construction projects
for the installations and locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Chemical Demilitarization ......
Blue Grass Army Depot, Kentucky ....
$47,220,000
Defense Education Activity .....
Laurel Bay, South Carolina ...............
$12,850,000
Marine Corps Base, Camp LeJeune,
North Carolina .................................
$8,857,000
Defense Logistics Agency .........
Defense Distribution Depot Tracy,
California .........................................
$30,000,000
Defense 
Distribution 
New 
Cum-
berland, Pennsylvania .....................
$19,900,000
Eielson Air Force Base, Alaska ..........
$8,800,000
Fort Belvoir, Virginia ..........................
$900,000
Grand Forks Air Force Base, North
Dakota ...............................................
$9,110,000
Hickam Air Force Base, Hawaii ........
$29,200,000
McGuire Air Force Base, New Jersey
$4,400,000
Minot Air Force Base, North Dakota
$14,000,000
Philadelphia, Pennsylvania ................
$2,429,000
Pope Air Force Base, North Carolina
$3,400,000
Special Operations Command
Aberdeen Proving Ground, Maryland
$3,200,000
Fort Benning, Georgia .........................
$5,100,000
Fort Bragg, North Carolina ................
$35,962,000
Fort Lewis, Washington ......................
$6,900,000
Hurlburt Field, Florida .......................
$13,400,000
MacDill Air Force Base, Florida ........
$12,000,000
Naval Station, San Diego, California
$13,650,000
TRICARE Management Activ-
ity ..........................................
Andrews Air Force Base, Maryland ...
$10,250,000
Dyess Air Force Base, Texas ...............
$3,300,000
F. E. Warren Air Force Base, Wyo-
ming ..................................................
$2,700,000
Fort Hood, Texas .................................
$12,200,000
Fort Stewart/Hunter Army Air Field,
Georgia ..............................................
$11,000,000
Holloman Air Force Base, New Mex-
ico ......................................................
$5,700,000
Hurlburt Field, Florida .......................
$8,800,000
Marine Corps Base, Camp Pendleton,
California .........................................
$1,150,000
372
Defense Agencies: Inside the United States—Continued
Agency
Installation or location
Amount
Marine Corps Logistics Base, Albany,
Georgia ..............................................
$5,800,000
Naval Air Station, Whidbey Island,
Washington .......................................
$1,900,000
Naval Hospital, Twentynine Palms,
California ..........................................
$1,600,000
Naval Station, Mayport, Florida ........
$24,000,000
Naval Station, Norfolk, Virginia ........
$21,000,000
Schriever Air Force Base, Colorado ....
$4,000,000
Washington Headquarters
Services .................................
Pentagon Reservation, Virginia ..........
$25,000,000
Total: .............................................
$325,228,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2403(a)(2), the Secretary of Defense may
acquire real property and carry out military construction
projects for the installations and locations outside the
United States, and in the amounts, set forth in the following
table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Education Activity .....
Aviano Air Base, Italy ........................
$3,647,000
Geilenkirchen AB, Germany ...............
$1,733,000
Heidelberg, Germany ...........................
$3,312,000
Kaiserslautern, Germany .....................
$1,439,000
Kitzingen, Germany .............................
$1,394,000
Landstuhl, Germany ............................
$1,444,000
Ramstein Air Force Base, Germany ..
$2,814,000
Royal Air Force, Feltwell, United
Kingdom ...........................................
$22,132,000
Vogelweh Annex, Germany ..................
$1,558,000
Wiesbaden Air Base, Germany ...........
$1,378,000
Wuerzburg, Germany ...........................
$2,684,000
Defense Logistics Agency .........
Anderson Air Force Base, Guam ........
$20,000,000
Camp Casey, Korea ..............................
$5,500,000
Naval Station, Rota, Spain ................
$3,000,000
Yokota Air Base, Japan ......................
$13,000,000
Office Secretary of Defense ......
Comalapa Air Base, El Salvador .......
$12,577,000
TRICARE Management Activ-
ity ..........................................
Heidelberg, Germany ...........................
$28,000,000
Lajes Field, Azores, Portugal ..............
$3,750,000
Thule, Greenland ..................................
$10,800,000
Total: .............................................
$140,162,000
373
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2403(a)(6), the Sec-
retary of Defense may carry out energy conservation
projects under section 2865 of title 10, United States Code,
in the amount of $35,600,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE
AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and mili-
tary family housing functions of the Department of Defense
(other than the military departments), in the total amount
of $1,421,319,000 as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2401(a),
$370,164,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2401(b),
$140,162,000.
(3) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$24,492,000.
(4) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $10,000,000.
374
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $74,496,000.
(6) For energy conservation projects authorized
by section 2402 of this Act, $35,600,000.
(7) For base closure and realignment activities
as authorized by 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), $532,200,000.
(8) For military family housing functions:
(A) For improvement of military family
housing and facilities, $250,000.
(B) For support of military family housing
(including functions described in section 2833 of
title 10, United States Code), $43,762,000, of
which not more than $37,298,000 may be obli-
gated or expended for the leasing of military
family housing units worldwide.
(C) For credit to the Department of Defense
Family Housing Improvement Fund established
by section 2883(a)(1) of title 10, United States
Code, $2,000,000.
(9) For the construction of phase 6 of an ammu-
nition demilitarization facility at Pine Bluff Arsenal,
Arkansas, authorized by section 2401(a) of the Mili-
375
tary Construction Authorization Act for Fiscal Year
1995 (division B of Public Law 103–337; 108 Stat.
3040), as amended by section 2407 of the Military
Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104–106; 110 Stat. 539),
section 2408 of the Military Construction Authoriza-
tion Act for Fiscal Year 1998 (division B of Public
Law 105–85; 111 Stat. 1982), section 2406 of the
Military Construction Authorization Act for Fiscal
Year 1999 (division B of Public Law 105–261; 112
Stat. 
2197), 
and 
section 
2407 
of 
this 
Act,
$26,000,000.
(10) For the construction of phase 3 of an am-
munition demilitarization facility at Pueblo Army
Depot, Colorado, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1997 (division B of Public Law 104–201; 110
Stat. 2775), as amended by section 2406 of the Mili-
tary Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106–65; 113 Stat.
839), $11,000,000.
(11) For construction of phase 4 of an ammuni-
tion demilitarization facility at Newport Army
Depot, Indiana, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
376
Year 1999 (division B of Public Law 105–261; 112
Stat. 2193), $66,000,000.
(12) For construction of phase 4 of an ammuni-
tion demilitarization facility at Aberdeen Proving
Ground, Maryland, authorized by section 2401(a) of
the Military Construction Authorization Act for Fis-
cal Year 1999 (division B of Public Law 105–261;
112 Stat. 2193), as amended by section 2406 of this
Act, $66,500,000.
(13) For construction of a hospital at Fort
Wainwright, Alaska, authorized by section 2201(a) of
the Military Construction Authorization Act for Fis-
cal Year 2000 (division B of Public Law 106–65; 113
Stat. 836), $18,500,000.
(14) For construction of an aircrew water sur-
vival training facility at Naval Air Station, Whidbey
Island, Washington, authorized by section 2401(a) of
the Military Construction Authorization Act for Fis-
cal Year 2000 (division B of Public Law 106–65; 113
Stat. 836), as amended by section 2405 of this Act,
$6,600,000.
(15) For the construction of phase 2 of an am-
munition demilitarization facility at Blue Grass
Army Depot, Kentucky, authorized by section 2401(a)
of the Military Construction Authorization Act for
377
Fiscal Year 2000 (division B of Public Law 106–65,
113 Stat. 836), as amended by section 2405,
$3,000,000.
(16) For construction of FHOTC Support Fa-
cilities at Camp Pendleton, California, authorized by
section 2401(a) of the Military Construction Author-
ization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat.1654A–402), as amended by sec-
tion 2404 of this Act, $3,150,000.
(17) For replacement of a Medical/Dental Clinic,
Las Flores, at Camp Pendleton, California, author-
ized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of
the Spence Act; 114 Stat.1654A–402), as amended by
section 2404 of this Act, $3,800,000.
(18) For replacement of a Medical/Dental Clinic,
Las Pulgas, at Camp Pendleton, California, author-
ized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of
the Spence Act; 114 Stat.1654A–402), as amended by
section 2404 of this Act, $4,050,000.
(19) For replacement of a Medical/Dental Clinic,
Horno, at Camp Pendleton, California, authorized by
section 2401(a) of the Military Construction Author-
ization Act for Fiscal Year 2001 (division B of the
378
Spence Act; 114 Stat.1654A–402), as amended by sec-
tion 2404 of this Act, $4,300,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2401 of this Act
may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a).
(c) ADJUSTMENTS.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (19) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by—
(1) $17,857,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military construction out-
side the United States; and
(2) $10,250,000, which represents the combina-
tion of project savings in military construction result-
ing from favorable bids, reduced overhead charges,
and cancellations due to force structure changes.
379
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2001 PROJECT.
The table in section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2001 (division B
of the Spence Act; 114 Stat. 1654A–402) is amended—
(1) under the agency heading relating to
TRICARE Management Activity, in the item relating
to Marine Corps Base, Camp Pendleton, California,
by 
striking 
‘‘$14,150,000’’ 
and 
inserting
‘‘$15,300,000’’; and
(2) by striking the amount identified as the total
in the amount column and inserting ‘‘$258,056,000’’.
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2000 PROJECTS.
(a) MODIFICATION.—The table in section 2401(a) of
the Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106–65; 113 Stat. 836) is
amended—
(1) under the agency heading relating to
TRICARE Management Activity, in the item relating
to Naval Air Station, Whidbey Island, Washington,
by striking ‘‘$4,700,000’’ inserting ‘‘$6,600,000’’;
(2) under the agency heading relating to Chem-
ical Demilitarization, in the item relating to Blue
Grass 
Army 
Depot, 
Kentucky, 
by 
striking
380
‘‘$206,800,000’’ in the amount column and inserting
‘‘$254,030,000’’; and
(3) by striking the amount identified as the total
in the amount column and inserting ‘‘$636,550,000’’.
(b) CONFORMING AMENDMENT.—Section 2405(b)(3) of
that Act (113 Stat. 839) is amended by striking
‘‘$184,000,000’’ and inserting ‘‘$231,230,000’’.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 1999 PROJECT.
The table in section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1999 (division B
of Public Law 105–261; 112 Stat. 2193) is amended—
(1) under the agency heading relating to Chem-
ical Demilitarization, in the item relating to Aber-
deen 
Proving 
Ground, 
Maryland, 
by 
striking
‘‘$186,350,000’’ in the amount column and inserting
‘‘$223,950,000’’; and
(2) by striking the amount identified as the total
in the amount column and inserting ‘‘$727,616,000’’.
(b) CONFORMING AMENDMENTS.—Section 2404(b)(3)
of that Act (112 Stat. 2196) is amended by striking
‘‘$158,000,000’’ and inserting ‘‘$195,600,000’’.
381
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 1995 PROJECT.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Pub-
lic Law 103–337; 108 Stat. 3040), as amended by section
2407 of the Military Construction Authorization Act for
Fiscal Year 1996 (division B of Public Law 104–106; 110
Stat. 539), section 2408 of the Military Construction Au-
thorization Act for Fiscal Year 1998 (division B of Public
Law 105–85; 111 Stat. 1982), and section 2406 of the Mili-
tary Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105–261; 112 Stat. 2197), is
amended under the agency heading relating to Chemical
Agents and Munitions Destruction, in the item relating to
Pine Bluff Arsenal, Arkansas, by striking ‘‘$154,400,000’’
in the amount column and inserting ‘‘$177,400,000’’.
SEC. 2408. PROHIBITION ON EXPENDITURES TO DEVELOP
FORWARD OPERATING LOCATION ON ARUBA
FOR UNITED STATES SOUTHERN COMMAND
COUNTER-DRUG 
DETECTION 
AND 
MONI-
TORING FLIGHTS.
None of the funds appropriated under the heading
‘‘MILITARY CONSTRUCTION, DEFENSE-WIDE’’ in chapter 3 of
title III of the Emergency Supplemental Act, 2000 (Public
Law 106–246; 114 Stat. 579), may be used by the Secretary
of Defense to develop any forward operating location on the
382
island of Aruba to serve as a location from which the United
States Southern Command could conduct counter-drug de-
tection and monitoring flights.
TITLE 
XXV—NORTH 
ATLANTIC
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for
the North Atlantic Treaty Organization Security Invest-
ment Program as provided in section 2806 of title 10,
United States Code, in an amount not to exceed the sum
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the
North Atlantic Treaty Organization as a result of construc-
tion previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2001, for contribu-
tions by the Secretary of Defense under section 2806 of title
10, United States Code, for the share of the United States
of the cost of projects for the North Atlantic Treaty Organi-
zation Security Investment Program authorized by section
2501, in the amount of $162,600,000.
383
TITLE XXVI—GUARD AND
RESERVE FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) IN GENERAL.—There are authorized to be appro-
priated for fiscal years beginning after September 30, 2001,
for the costs of acquisition, architectural and engineering
services, and construction of facilities for the Guard and
Reserve Forces, and for contributions therefor, under chap-
ter 1803 of title 10, United States Code (including the cost
of acquisition of land for those facilities), the following
amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the
United States, $304,915,000; and
(B) for the Army Reserve, $173,017,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $53,291,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the
United States, $197,472,000; and
(B) for the Air Force Reserve, $79,132,000.
384
TITLE XXVII—EXPIRATION
AND EXTENSION OF
AUTHORIZATIONS
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND
AMOUNTS REQUIRED TO BE SPECIFIED BY
LAW.
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVI for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment program
(and authorizations of appropriations therefor) shall expire
on the later of—
(1) October 1, 2004; or
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year
2005.
(b) EXCEPTION.—Subsection (a) shall not apply to au-
thorizations for military construction projects, land acqui-
sition, family housing projects and facilities, and contribu-
tions to the North Atlantic Treaty Organization Security
Investment program (and authorizations of appropriations
therefor) for which appropriated funds have been obligated
before the later of—
385
(1) October 1, 2004; or
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2005 for military construc-
tion projects, land acquisition, family housing
projects and facilities, or contributions to the North
Atlantic Treaty Organization Security Investment
program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1999 PROJECTS.
(a) EXCEPTION.—Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105–261; 112 Stat. 2199),
authorizations set forth in the tables in subsection (b), as
provided in section 2302 or 2601 of that Act, shall remain
in effect until October 1, 2002, or the date of the enactment
of an Act authorizing funds for military construction for
fiscal year 2003, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Air Force: Extension of 1999 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Delaware .........................
Dover Air Force Base ....
Family Housing
Replacement
(55 Units) ....
$8,998,000
Florida ............................
Patrick Air Force Base
Family Housing
Replacement
(46 Units) ....
$9,692,000
New Mexico .....................
Kirtland Air Force Base
Family Housing
Replacement
(37 Units) ....
$6,400,000
386
Air Force: Extension of 1999 Project Authorizations—Continued
State
Installation or loca-
tion
Project
Amount
Ohio .................................
Wright-Patterson Air
Force Base ..................
Family Housing
Replacement
(40 Units) ....
$5,600,000
Army National Guard: Extension of 1999 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Massachusetts ..................
Westfield .........................
Army Aviation
Support Fa-
cility .............
$9,274,000
South Carolina ...............
Spartanburg ...................
Readiness Cen-
ter.
$5,260,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1998 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year
1998 (division B of Public Law 105–85; 111 Stat. 1984),
authorizations set forth in the tables in subsection (b), as
provided in section 2102, 2202, or 2302 of that Act and
extended by section 2702 of the Military Construction Au-
thorization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A–408), shall remain in effect
until October 1, 2002, or the date of the enactment of an
Act authorizing funds for military construction for fiscal
year 2003, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
387
Army: Extension of 1998 Project Authorization
State
Installation or loca-
tion
Project
Amount
Maryland ........................
Fort Meade .....................
Family Housing
Construction
(56 units) .....
$7,900,000
Navy: Extension of 1998 Project Authorizations
State
Installation or loca-
tion
Project
Amount
California ........................
Naval Complex, San
Diego ...........................
Family Housing
Replacement
(94 units) .....
$13,500,000
California ........................
Marine Corps Air Sta-
tion, Miramar ............
Family Housing
Construction
(166 units) ...
$28,881,000
Louisiana ........................
Naval Complex, New Or-
leans ............................
Family Housing
Replacement
(100 units) ...
$11,930,000
Texas ...............................
Naval Air Station, Cor-
pus Christi .................
Family Housing
Construction
(212 units) ...
$22,250,000
Air Force: Extension of 1998 Project Authorization
State
Installation or loca-
tion
Project
Amount
New Mexico .....................
Kirtland Air Force Base
Family Housing
Replacement
(180 units) ...
$20,900,000
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall
take effect on the later of—
(1) October 1, 2001; or
(2) the date of the enactment of this Act.
388
TITLE XXVIII—GENERAL
PROVISIONS
Subtitle A—Military Construction
Program and Military Family
Housing Changes
SEC. 2801. INCREASE IN CERTAIN UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECT THRESH-
OLDS.
Section 2805 of title 10, United States Code, is
amended—
(1) in subsection (b)(1), by striking ‘‘$500,000’’
and inserting ‘‘$750,000’’;
(2) 
in 
subsection 
(c)(1)(A), 
by 
striking
‘‘$1,000,000’’ and inserting ‘‘$1,500,000’’; and
(3) 
in 
subsection 
(c)(1)(B), 
by 
striking
‘‘$500,000’’ and inserting ‘‘$750,000’’.
SEC. 2802. EXCLUSION OF UNFORESEEN ENVIRONMENTAL
HAZARD REMEDIATION FROM LIMITATION ON
AUTHORIZED COST VARIATIONS.
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—
‘‘(1) to the settlement of a contractor claim
under a contract; or
389
‘‘(2) to the costs associated with the required re-
mediation of an environmental hazard in connection
with a military construction project or military fam-
ily housing project, such as asbestos removal, radon
abatement, lead-based paint removal or abatement, or
any other legally required environmental hazard re-
mediation, if the required remediation could not have
reasonably been anticipated at the time the project
was approved originally by Congress.’’.
SEC. 2803. REPEAL OF ANNUAL REPORTING REQUIREMENT
ON MILITARY CONSTRUCTION AND MILITARY
FAMILY HOUSING ACTIVITIES.
(a) REPEAL.—Section 2861 of title 10, United States
Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter III of chapter 169 of such title
is amended by striking the item relating to section 2861.
SEC. 
2804. 
PERMANENT 
AUTHORIZATION 
FOR 
ALTER-
NATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) REPEAL OF TERMINATION PROVISION.—Section
2885 of title 10, United States Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter IV of chapter 169 of such title
is amended by striking the item relating to section 2885.
390
Subtitle B—Real Property and
Facilities Administration
SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN
RECREATIONAL ACTIVITIES.
Section 2671 of title 10, United States Code, is
amended—
(1) by transferring subsection (b) to the end of
the section and redesignating such subsection, as so
transferred, as subsection (e); and
(2) by inserting after subsection (a) the following
new subsection (b):
‘‘(b) Subsection (a) shall not apply with respect to all
or certain specified hunting, fishing, or trapping at a mili-
tary installation or facility if the Secretary of Defense de-
termines that the application of the State or Territory fish
and game laws to such hunting, fishing, or trapping with-
out modification could result in undesirable consequences
for public safety or adverse effects on morale, welfare, or
recreation activities at the installation or facility. The Sec-
retary may not waive or modify the requirements under
subsection (a)(2) regarding a license for such hunting, fish-
ing, or trapping or any fee imposed by a State or Territory
to obtain such a license.’’.
391
SEC. 2812. BASE EFFICIENCY PROJECT AT BROOKS AIR
FORCE BASE, TEXAS.
(a) INDEMNIFICATION OF TRANSFEREES.—Section 136
of the Military Construction Appropriations Act, 2001 (di-
vision A of Public Law 106–246; 114 Stat. 520), is
amended—
(1) by striking subsection (n);
(2) by redesignating subsection (m) as subsection
(n); and
(3) by inserting after subsection (l) the following
new subsection:
‘‘(m) INDEMNIFICATION OF TRANSFEREES.—(1) With
respect to the disposal of real property under subsection (e)
at the Base as part of the Project, the Secretary shall hold
harmless, defend, and indemnify in full the Community
and other persons and entities described in paragraph (2)
from and against any suit, claim, demand or action, liabil-
ity, judgment, cost or other fee arising out of any claim
for personal injury or property damage (including death,
illness, or loss of or damage to property or economic loss)
that results from, or is in any manner predicated upon,
the release or threatened release of any hazardous substance,
pollutant or contaminant, or petroleum or petroleum deriv-
ative as a result of Department of Defense activities at the
Base.
392
‘‘(2) The persons and entities referred to in paragraph
(1) are the following:
‘‘(A) The Community (including any officer,
agent, or employee of the Community) that acquires
ownership or control of any real property at the Base
as described in paragraph (1).
‘‘(B) The State of Texas or any political subdivi-
sion of the State (including any officer, agent, or em-
ployee of the State or political subdivision) that ac-
quires such ownership or control.
‘‘(C) Any other person or entity that acquires
such ownership or control.
‘‘(D) Any successor, assignee, transferee, lender,
or lessee of a person or entity described in subpara-
graphs (A) through (C).
‘‘(3) To the extent the persons and entities described
in paragraph (2) contributed to any such release or threat-
ened release, paragraph (1) shall not apply.
‘‘(4) No indemnification may be afforded under this
subsection unless the person or entity making a claim for
indemnification—
‘‘(A) notifies the Department of Defense in writ-
ing within two years after such claim accrues or be-
gins action within six months after the date of mail-
393
ing, by certified or registered mail, of notice of final
denial of the claim by the Department of Defense;
‘‘(B) furnishes to the Department of Defense cop-
ies of pertinent papers the entity receives;
‘‘(C) furnishes evidence or proof of any claim,
loss, or damage covered by this subsection; and
‘‘(D) provides, upon request by the Department
of Defense, access to the records and personnel of the
entity for purposes of defending or settling the claim
or action.
‘‘(5) In any case in which the Secretary determines
that the Department of Defense may be required to make
indemnification payments to a person under this subsection
for any suit, claim, demand or action, liability, judgment,
cost or other fee arising out of any claim for personal injury
or property damage referred to in paragraph (1), the Sec-
retary may settle or defend, on behalf of that person, the
claim for personal injury or property damage. If the person
to whom the Department of Defense may be required to
make indemnification payments does not allow the Sec-
retary to settle or defend the claim, the person may not be
afforded indemnification with respect to that claim under
this subsection.
‘‘(6) For purposes of paragraph (4)(A), the date on
which a claim accrues is the date on which the plaintiff
394
knew (or reasonably should have known) that the personal
injury or property damage referred to in paragraph (1) was
caused or contributed to by the release or threatened release
of a hazardous substance, pollutant or contaminant, or pe-
troleum or petroleum derivative as a result of Department
of Defense activities at the Base.
‘‘(7) Nothing in this subsection shall be construed as
affecting or modifying in any way section 120(h) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)).
‘‘(8) In this subsection, the terms ‘facility’, ‘hazardous
substance’, ‘release’, and ‘pollutant or contaminant’ have
the meanings given such terms in section 101 of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980, respectively (42 U.S.C. 9601).’’.
(b) DEFINITIONS.—Paragraph (9) of subsection (n) of
such section, as redesignated by subsection (a)(2), is amend-
ed by striking ‘‘, who shall be a civilian official of the De-
partment appointed by the President with the advice and
consent of the Senate’’.
Subtitle C—Defense Base Closure
and Realignment
SEC. 2821. LEASE BACK OF BASE CLOSURE PROPERTY.
(a) 1988 LAW.—Section 204(b)(4) of the Defense Au-
thorization Amendments and Base Closure and Realign-
395
ment Act (Public Law 100–526; 10 U.S.C. 2687 note) is
amended—
(1) by redesignating subparagraphs (E), (F),
(G), (H), and (I) as subparagraphs (F), (G), (H), (I),
and (J), respectively; and
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph (E):
‘‘(E)(i) The Secretary may transfer real property at
an installation approved for closure or realignment under
this title (including property at an installation approved
for realignment which will be retained by the Department
of Defense or another Federal agency after realignment) to
the redevelopment authority for the installation if the rede-
velopment authority agrees to lease, directly upon transfer,
one or more portions of the property transferred under this
subparagraph to the Secretary or to the head of another
department or agency of the Federal Government. Subpara-
graph (B) shall apply to a transfer under this subpara-
graph.
‘‘(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.
396
‘‘(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 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. Exercise of the
authority provided by this clause shall be made in consulta-
tion with the redevelopment authority concerned.
‘‘(v) Notwithstanding clause (iii) or chapter 137 of
title 10, United States Code, if a lease under clause (i) in-
volves a substantial portion of the installation, the depart-
ment or agency concerned may obtain facility services for
the leased property and common area maintenance from
the 
redevelopment 
authority 
or 
the 
redevelopment
authority’s assignee as a provision of the lease. The facility
services and common area maintenance shall be provided
at a rate no higher than the rate charged to non-Federal
tenants of the transferred property. Facility services and
common area maintenance covered by the lease shall not
include—
‘‘(I) municipal services that a State or local gov-
ernment is required by law to provide to all land-
owners in its jurisdiction without direct charge; or
‘‘(II) firefighting or security-guard functions.’’.
397
(b) 1990 LAW.—Section 2905(b)(4)(E) of the Defense
Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is
amended by adding at the end the following new clause:
‘‘(v) Notwithstanding clause (iii) or chapter 137 of
title 10, United States Code, if a lease under clause (i) in-
volves a substantial portion of the installation, the depart-
ment or agency concerned may obtain facility services for
the leased property and common area maintenance from
the 
redevelopment 
authority 
or 
the 
redevelopment
authority’s assignee as a provision of the lease. The facility
services and common area maintenance shall be provided
at a rate no higher than the rate charged to non-Federal
tenants of the transferred property. Facility services and
common area maintenance covered by the lease shall not
include—
‘‘(I) municipal services that a State or local gov-
ernment is required by law to provide to all land-
owners in its jurisdiction without direct charge; or
‘‘(II) firefighting or security-guard functions.’’.
398
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2831. MODIFICATION OF LAND EXCHANGE, ROCK IS-
LAND ARSENAL, ILLINOIS.
(a) ADDITIONAL CONVEYANCE AUTHORIZED.—Sub-
section (a) of section 2832 of the Military Construction Au-
thorization Act for Fiscal Year 2000 (division B of Public
Law 106–65; 113 Stat. 857) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new para-
graph:
‘‘(2) The Secretary may convey to the City all right,
title, and interest of the United States in and to an addi-
tional parcel of real property, including improvements
thereon, at the Rock Island Arsenal consisting of approxi-
mately .513 acres.’’.
(b) CONSIDERATION.—Subsection (b) of such section is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘As consideration’’;
(2) by striking ‘‘subsection (a)’’ both places it
appears and inserting ‘‘subsection (a)(1)’’; and
(3) by adding at the end the following new para-
graph:
399
‘‘(2) As consideration for the conveyance under sub-
section (a)(2), the City shall convey to the Secretary all
right, title, and interest of the City in and to a parcel of
real property consisting of approximately .063 acres and
construct on the parcel, at the City’s expense, a new access
ramp to the Rock Island Arsenal.’’.
SEC. 2832. MODIFICATION OF LAND CONVEYANCES, FORT
DIX, NEW JERSEY.
Section 2835(c) of the Military Construction Author-
ization Act for Fiscal Year 1998 (division B of Public Law
105–85; 111 Stat. 2004) is amended by adding at the end
the following new paragraph:
‘‘(3) Notwithstanding paragraphs (1) or (2), the Bor-
ough and Board may exchange between each other, without
the consent of the Secretary, all or any portion of the prop-
erty conveyed under subsection (a) so long as the property
continues to be used by the grantees for economic develop-
ment or educational purposes.’’.
SEC. 2833. LEASE AUTHORITY, FORT DERUSSY, HAWAII.
Notwithstanding section 809 of the Military Construc-
tion Authorization Act, 1968 (Public Law 90–110; 81 Stat.
309) and section 2814(b) of the Military Construction Au-
thorization Act, 1989 (Public Law 100–456; 102 Stat.
2117), the Secretary of the Army may enter into a lease
with the City of Honolulu, Hawaii, for the purpose of mak-
400
ing available to the City a parcel of real property at Fort
DeRussy, Hawaii, for the construction of a parking facility.
SEC. 2834. LAND EXCHANGE AND CONSOLIDATION, FORT
LEWIS, WASHINGTON.
(a) EXCHANGE AUTHORIZED.—(1) The Secretary of
the Army may convey to the Nisqually Tribe, a federally
recognized Indian tribe whose tribal lands are located with-
in the State of Washington, all right, title, and interest of
the United States in and to two parcels of real property,
including any improvements thereon, consisting of approxi-
mately 138 acres at Fort Lewis, Washington, in exchange
for the real property described in subsection (b).
(2) The property authorized for conveyance under
paragraph (1) does not include Bonneville Power Adminis-
tration transmission facilities or the right of way described
in subsection (c).
(b) CONSIDERATION.—As consideration for the convey-
ance under subsection (a), the Nisqually Tribe shall—
(1) acquire from Thurston Country, Washington,
several parcels of real property consisting of approxi-
mately 416 acres that are owned by the county, are
within the boundaries of Fort Lewis, and are cur-
rently leased by the Army, and
(2) convey fee title over the acquired property to
the Secretary.
401
(c) RIGHT-OF-WAY FOR BONNEVILLE POWER ADMINIS-
TRATION.—The Secretary may use the authority provided
in section 2668 of title 10, United States Code, to convey
to the Bonneville Power Administration a right-of-way that
authorizes the Bonneville Power Administration to use real
property at Fort Lewis as a route for the Grand Coulee-
Olympia and Olympia-White River electric transmission
lines and appurtenances to facilitate the removal of such
transmission lines from tribal lands of the Nisqually Tribe.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) and acquired under subsection (b)
shall be determined by a survey satisfactory to the Secretary
and the Nisqually Tribe. The cost of the survey shall be
borne by the recipient of the property.
(e) 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. 2835. LAND CONVEYANCE, WHITTIER-ANCHORAGE
PIPELINE TANK FARM, ANCHORAGE, ALASKA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the Port of An-
chorage, an entity of the Municipality of Anchorage, Alas-
402
ka, all right, title, and interest of the United States in and
to two adjoining parcels of real property, including any
improvements thereon, consisting of approximately 48 acres
in Anchorage, Alaska, which are known as of the Whittier-
Anchorage Pipeline Tank Farm, for the purpose of permit-
ting the Port of Anchorage to use the parcels for economic
development.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be borne
by the recipient of the real property.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under this section (a)
as the Secretary considers appropriate to protect the inter-
ests of the United States.
PART II—NAVY CONVEYANCES
SEC. 2841. TRANSFER OF JURISDICTION, CENTERVILLE
BEACH NAVAL STATION, HUMBOLDT COUNTY,
CALIFORNIA.
(a) TRANSFER AUTHORIZED.—The Secretary of the
Navy may transfer, without reimbursement, to the adminis-
trative jurisdiction of the Secretary of the Interior the real
property, including any improvements thereon, consisting
403
of the closed Centerville Beach Naval Station in Humboldt
County, California, for the purpose of permitting the Sec-
retary of the Interior to manage the real property as open
space or for other public purposes.
(b) LEGAL DESCRIPTION.—The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Navy. The cost of the survey shall be borne
by the Secretary of the Interior.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Navy may require such additional terms and
conditions in connection with the transfer under this section
as the Secretary of the Navy considers appropriate to pro-
tect the interests of the United States.
SEC. 2842. LAND CONVEYANCE, NAVAL WEAPONS INDUS-
TRIAL RESERVE PLANT, TOLEDO, OHIO.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of
the Navy may convey, without consideration, to the Toledo-
Lucas County Port Authority, Ohio (in this section referred
to as the ‘‘Port Authority’’), all right, title, and interest
of the United States in and to a parcel of real property
consisting of approximately 29 acres, including any im-
provements thereon, and comprising the Naval Weapons In-
dustrial Reserve Plant, Toledo, Ohio.
404
(2) The Secretary may include in the conveyance
under paragraph (1) such facilities, equipment, fixtures,
and other personal property located or based on the parcel
conveyed under that paragraph, or used in connection with
the parcel, as the Secretary determines to be not required
by the Navy for other purposes.
(b) LEASE AUTHORITY.—Until such time as the real
property described in subsection (a)(1) is conveyed by deed,
the Secretary may lease the real property, together with any
improvements, facilities, equipment, fixtures, and other per-
sonal property thereon, to the Port Authority in exchange
for security services, fire protection services, and mainte-
nance services provided by the Port Authority for the real
property.
(c) CONDITIONS OF CONVEYANCE.—(1) The conveyance
under subsection (a), and any lease under subsection (b),
shall be subject to the conditions that the Port Authority—
(A) accept the parcel, and any improvements, fa-
cilities, equipment, fixtures, and other personal prop-
erty thereon, in their condition at the time of the con-
veyance or lease, as the case may be; and
(B) except as provided in paragraph (2), use the
parcel, and any improvements, facilities, equipment,
fixtures, and other personal property thereon, whether
directly or through an agreement with a public or
405
private entity, for economic development, redevelop-
ment, or retention purposes, including the creation or
preservation of jobs and employment opportunities, or
such other public purposes as the Port Authority de-
termines appropriate.
(2) The Port Authority may at any time convey, lease,
or sublease, as the case may be, the parcel, and any im-
provements, facilities, equipment, fixtures, and other per-
sonal property thereon, to a public or private entity for
purposes described in paragraph (1)(B).
(d) INSPECTION.—The Secretary may permit the Port
Authority to review and inspect the improvements, facili-
ties, equipment, fixtures, and other personal property lo-
cated on the parcel described in subsection (a)(1) for pur-
poses of the conveyance authorized by that subsection and
the lease authorized by subsection (b).
(e) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a)(1), and of any facilities, equipment
fixtures, or other personal property to be conveyed under
subsection (a)(2), shall be determined by a survey and other
means satisfactory to the Secretary. The cost of any activi-
ties under the preceding sentence shall be borne by the Port
Authority.
406
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a)(1),
and any lease under subsection (b), as the Secretary con-
siders appropriate to protect the interests of the United
States.
SEC. 2843. MODIFICATION OF AUTHORITY FOR CONVEY-
ANCE 
OF 
NAVAL 
COMPUTER 
AND 
TELE-
COMMUNICATIONS STATION, CUTLER, MAINE.
Section 2853(a) of the Military Construction Author-
ization Act for Fiscal Year 2001 (division B of the Spence
Act; 114 Stat. 1654A–430) is amended by inserting ‘‘any
or’’ before ‘‘all right’’.
SEC. 2844. MODIFICATION OF LAND CONVEYANCE, FORMER
UNITED STATES MARINE CORPS AIR STATION,
EAGLE MOUNTAIN LAKE, TEXAS.
Section 5 of Public Law 85–258 (71 Stat. 583) is
amended by inserting before the period at the end the fol-
lowing: ‘‘or for the protection, maintenance, and operation
of other Texas National Guard facilities’’.
SEC. 2845. LAND TRANSFER AND CONVEYANCE, NAVAL SE-
CURITY GROUP ACTIVITY, WINTER HARBOR,
MAINE.
(a) TRANSFER OF JURISDICTION OF SCHOODIC POINT
PROPERTY AUTHORIZED.—(1) The Secretary of the Navy
407
may transfer, without consideration, to the Secretary of the
Interior administrative jurisdiction of a parcel of real
property, including any improvements thereon and appur-
tenances thereto, consisting of approximately 26 acres as
generally depicted as Tract 15–116 on the map entitled
‘‘Acadia National Park Schoodic Point Area’’, numbered
123/80,418 and dated May 2001. The map shall be on file
and available for inspection in the appropriate offices of
the National Park Service.
(2) The transfer authorized by this subsection shall
occur, if at all, concurrently with the reversion of adminis-
trative jurisdiction of a parcel of real property consisting
of approximately 71 acres, as depicted as Tract 15–115 on
the map referred to in paragraph (1), from the Secretary
of the Navy to the Secretary of the Interior as authorized
by Public Law 80–260 (61 Stat. 519) and to be executed
on or about June 30, 2002.
(b) CONVEYANCE OF COREA AND WINTER HARBOR
PROPERTIES AUTHORIZED.—The Secretary of the Navy
may convey, without consideration, to the State of Maine,
any political subdivision of the State of Maine, or any tax-
supported agency in the State of Maine, all right, title, and
interest of the United States in and to any of the parcels
of real property, including any improvements thereon and
appurtenances thereto, consisting of approximately 485
408
acres and comprising the former facilities of the Naval Se-
curity Group Activity, Winter Harbor, Maine, located in
Hancock County, Maine, except for the real property de-
scribed in subsection (a)(1).
(c) TRANSFER OF PERSONAL PROPERTY.—The Sec-
retary of the Navy shall transfer, without consideration, to
the Secretary of the Interior in the case of the real property
transferred under subsection (a), or to any recipient of such
real property in the case of real property conveyed under
subsection (b), any or all personal property associated with
such real property so transferred or conveyed, including—
(1) the ambulances and any fire trucks or other
firefighting equipment; and
(2) any personal property required to continue
the maintenance of the infrastructure of such real
property, including the generators and an uninter-
rupted power supply in building 154 at the Corea
site.
(d) MAINTENANCE OF PROPERTY PENDING CONVEY-
ANCE.—The Secretary of the Navy shall maintain any real
property, including any improvements thereon, appur-
tenances thereto, and supporting infrastructure, to be con-
veyed under subsection (b) until the earlier of—
(1) the date of the conveyance of such real prop-
erty under subsection (b); or
409
(2) September 30, 2003.
(e) INTERIM LEASE.—(1) Until such time as any par-
cel of real property to be conveyed under subsection (b) is
conveyed by deed under that subsection, the Secretary of
the Navy may lease such parcel to any person or entity
determined by the Secretary to be an appropriate lessee of
such parcel.
(2) The amount of rent for a lease under paragraph
(1) shall be the amount determined by the Secretary to be
appropriate, and may be an amount less than the fair mar-
ket value of the lease.
(f) REIMBURSEMENT
FOR
ENVIRONMENTAL
AND
OTHER ASSESSMENTS.—(1) The Secretary of the Navy may
require each recipient of real property conveyed under sub-
section (b) to reimburse the Secretary for the costs incurred
by the Secretary for any environmental assessment, study,
or analysis carried out by the Secretary with respect to such
property before completing the conveyance under that sub-
section.
(2) The amount of any reimbursement required under
paragraph (1) shall be determined by the Secretary, but
may not exceed the cost of the assessment, study, or analysis
for which reimbursement is required.
410
(3) Section 2695(c) of title 10, United States Code,
shall apply to any amount received by the Secretary under
this subsection.
(g) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property transferred under
subsection (a), and each parcel of real property conveyed
under subsection (b), shall be determined by a survey satis-
factory to the Secretary of the Navy. The cost of any survey
under the preceding sentence for real property conveyed
under subsection (b) shall be borne by the recipient of the
real property.
(h) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Navy may require such additional terms and
conditions in connection with any conveyance under sub-
section (b), and any lease under subsection (e), as the Sec-
retary considers appropriate to protect the interests of the
United States.
PART III—AIR FORCE CONVEYANCES
SEC. 2851. WATER RIGHTS CONVEYANCE, ANDERSEN AIR
FORCE BASE, GUAM.
(a) AUTHORITY TO CONVEY.—In conjunction with the
conveyance of the water supply system for Anderson Air
Force Base, Guam, under the authority of section 2688 of
title 10, United States Code, and in accordance with all
the requirements of that section, the Secretary of the Air
411
Force may convey all right, title, and interest of the United
States, or such lesser estate as the Secretary considers ap-
propriate to serve the interests of the United States, in the
water rights related to the following Air Force properties
located on Guam:
(1) Andy South, also known as the Andersen Ad-
ministrative Annex.
(2) Marianas Bonins Base Command.
(3) Andersen Water Supply Annex, also known
as the Tumon Water Well or the Tumon Maui Well.
(b) ADDITIONAL REQUIREMENTS.—The Secretary may
exercise the authority contained in subsection (a) only if—
(1) the Secretary determines that adequate sup-
plies of potable groundwater exist under the main
base and northwest field portions of Andersen Air
Force Base to meet the current and long-term require-
ments of the installation for water;
(2) the Secretary determines that such supplies
of groundwater are economically obtainable; and
(3) the Secretary requires the conveyee of the
water rights under subsection (a) to provide a water
system capable of meeting the water supply needs of
the main base and northwest field portions of Ander-
son Air Force Base, as determined by the Secretary.
412
(c) INTERIM WATER SUPPLIES.—If the Secretary de-
termines that it is in the best interests of the United States
to transfer title to the water rights and utility systems at
Andy South and Andersen Water Supply Annex before
placing into service a replacement water system and well
field on Andersen Air Force Base, the Secretary may re-
quire that the United States have the primary right to all
water produced from Andy South and Andersen Water Sup-
ply Annex until the replacement water system and well field
is placed into service and operates to the satisfaction of the
Secretary. In exercising the authority provided by this sub-
section, the Secretary may retain a reversionary interest
in the water rights and utility systems at Andy South and
Andersen Water Supply Annex until such time as the new
replacement water system and well field is placed into serv-
ice and operates to the satisfaction of the Secretary.
(d) SALE OF EXCESS WATER AUTHORIZED.—(1) As
part of the conveyance of water rights under subsection (a),
the Secretary may authorize the conveyee of the water sys-
tem to sell to public or private entities such water from
Andersen Air Force Base as the Secretary determines to be
excess to the needs of the United States. In the event the
Secretary authorizes the conveyee to resell water, the Sec-
retary shall negotiate a reasonable return to the United
States of the value of such excess water sold by the conveyee,
413
which return the Secretary may receive in the form of re-
duced charges for utility services provided by the conveyee.
(2) If the Secretary cannot meet the requirements of
subsection (b), and the Secretary determines to proceed with
a water utility system conveyance under section 2688 of
title 10, United States Code, without the conveyance of
water rights, the Secretary may provide in any such con-
veyance that the conveyee of the water system may sell to
public or private entities such water from Andy South and
Andersen Water Supply Annex as the Secretary determines
to be excess to the needs of the United States. The Secretary
shall negotiate a reasonable return to the United States of
the value of such excess water sold by the conveyee, which
return the Secretary may receive in the form of reduced
charges for utility services provided by the conveyee.
(e) TREATMENT OF WATER RIGHTS.—For purposes of
section 2688 of title 10, United States Code, the water rights
referred to in subsection (a) shall be considered as part of
a utility system (as that term is defined in subsection (h)(2)
of such section).
SEC. 2852. REEXAMINATION OF LAND CONVEYANCE, LOWRY
AIR FORCE BASE, COLORADO.
The Secretary of the Air Force shall reevaluate the
terms and conditions of the pending negotiated sale agree-
ment with the Lowry Redevelopment Authority for certain
414
real property at Lowry Air Force Base, Colorado, in light
of changed circumstances regarding the property, including
changes in the flood plain designations affecting some of
the property, to determine whether the changed cir-
cumstances warrant a reduction in the amount of consider-
ation otherwise required under the agreement or other modi-
fications to the agreement.
Subtitle E—Other Matters
SEC. 2861. TRANSFER OF JURISDICTION FOR DEVELOP-
MENT OF ARMED FORCES RECREATION FA-
CILITY, PARK CITY, UTAH.
(a) TRANSFER REQUIRED.—(1) The Secretary of the
Interior shall transfer, without reimbursement, to the ad-
ministrative jurisdiction of the Secretary of the Air Force
a parcel of real property in Park City, Utah, including any
improvements thereon, that consists of approximately 35
acres, is located in township 2 south, range 4 east, Salt
Lake meridian, and is designated as parcel 3 by the Bureau
of Land Management.
(2) The transfer shall be subject to existing rights, ex-
cept that the Secretary of the Interior shall terminate any
lease with respect to the parcel issued under the Act of June
14, 1926 (commonly known as the Recreation and Public
Purposes Act; 43 U.S.C. 689 et seq.), and still in effect as
of the date of the enactment of this Act.
415
(3) The transfer required by this subsection shall be
completed not later than one year after the date of the enact-
ment of this Act.
(b) USE OF TRANSFERRED LAND.—(1) The Secretary
of the Air Force may use the real property transferred
under subsection (a) as the location for an armed forces
recreation facility to be developed using nonappropriated
funds.
(2) The Secretary of the Air Force may return the
transferred property (or property acquired in exchange for
the transferred property under subsection (c)) to the admin-
istrative jurisdiction of the Secretary of the Interior at any
time upon certifying that development of the armed forces
recreation facility would not be in the best interests of the
Government.
(c) SUBSEQUENT CONVEYANCE AUTHORITY.—(1) In
lieu of developing the armed forces recreation facility on
the real property transferred under subsection (a), the Sec-
retary of the Air Force may convey or lease the property
to the State of Utah, a local government, or a private entity
in exchange for other property to be used as the site of the
facility.
(2) The values of the properties exchanged by the Sec-
retary under this subsection either shall be equal, or if they
are not equal, the values shall be equalized by the payment
416
of money to the grantor or to the Secretary as the cir-
cumstances require. The conveyance or lease shall be on such
other terms as the Secretary of the Air Force considers to
be advantageous to the development of the facility.
(d) ALTERNATIVE DEVELOPMENT AUTHORITY.—The
Secretary of the Air Force may lease the real property
transferred under subsection (a), or any property acquired
pursuant to subsection (c), to another party and may enter
into a contract with the party for the design, construction,
and operation of the armed forces recreation facility. The
Secretary of the Air Force may authorize the contractor to
operate the facility as both a military and a commercial
operation if the Secretary determines that such an author-
ization is a necessary incentive for the contractor to agree
to design, construct, and operate the facility.
(e) LEGAL DESCRIPTION.—The exact acreage and legal
description of the real property to be transferred under sub-
section (a) shall be determined by a survey. The cost of the
survey shall be borne by the Secretary of the Air Force.
SEC. 2862. SELECTION OF SITE FOR UNITED STATES AIR
FORCE 
MEMORIAL 
AND 
RELATED 
LAND
TRANSFERS FOR THE IMPROVEMENT OF AR-
LINGTON NATIONAL CEMETERY, VIRGINIA.
(a) DEFINITIONS.—In this section:
417
(1) The term ‘‘Arlington Naval Annex’’ means
the parcel of Federal land located in Arlington Coun-
ty, Virginia, that is subject to transfer to the admin-
istrative jurisdiction of the Secretary of the Army
under section 2881 of the Military Construction Au-
thorization Act for Fiscal Year 2000 (division B of
Public Law 106–65; 113 Stat. 879).
(2) The term ‘‘Foundation’’ means the Air Force
Memorial Foundation, which was authorized in Pub-
lic Law 103–163 (107 Stat. 1973; 40 U.S.C. 1003
note) to establish a memorial in the District of Co-
lumbia or its environs to honor the men and women
who have served in the United States Air Force and
its predecessors.
(3) The term ‘‘Air Force Memorial’’ means the
United States Air Force Memorial to be established by
the Foundation.
(4) The term ‘‘Arlington Ridge tract’’ means the
parcel of Federal land in Arlington County, Virginia,
known as the Nevius Tract and transferred to the De-
partment of the Interior in 1953, that is bounded gen-
erally by—
(A) Arlington Boulevard (United States
Route 50) to the north;
418
(B) Jefferson Davis Highway (Virginia
Route 110) to the east;
(C) Marshall Drive to the south; and
(D) North Meade Street to the west.
(5) The term ‘‘Section 29’’ means a parcel of
Federal land in Arlington County, Virginia, that is
currently administered by the Secretary of the Inte-
rior within the boundaries of Arlington National
Cemetery and is identified as ‘‘Section 29’’.
(b) OFFER OF PORTION OF ARLINGTON NAVAL ANNEX
AS SITE FOR AIR FORCE MEMORIAL.—Within 60 days after
the date of the enactment of this Act, the Secretary of De-
fense shall offer to the Foundation an option to use, without
reimbursement, up to three acres of the Arlington Naval
Annex as the site within which the Foundation will con-
struct the Air Force Memorial. The offered acreage shall in-
clude the promontory adjacent to, and the land underlying,
Wing 8 of Federal Office Building #2 in the northeast
quadrant of the Arlington Naval Annex.
(c) ACCEPTANCE OR REJECTION OF OFFER.—
(1) DEADLINE.—Within 90 days after the date
on which the Secretary of Defense makes the offer re-
quired by subsection (b), the Foundation shall provide
written notice to the Secretary of the decision of the
Foundation to accept or decline the offer.
419
(2) EFFECT OF ACCEPTANCE.—Subject to sub-
section (d), if the Foundation accepts the offer of the
Secretary of Defense, the Foundation shall relinquish
all claims to the previously approved location for the
Air Force Memorial. No other commemorative work
may thereafter be established on the Arlington Naval
Annex property.
(3) EFFECT OF REJECTION.—If the Foundation
declines the offer of the Secretary of Defense, the
Foundation may resume its efforts to construct the
Air Force Memorial on the Arlington Ridge tract
from the farthest point of progress. Any administra-
tive record compiled during previous proceedings re-
lated to the siting of the memorial on the Arlington
Ridge tract pursuant to Public Law 103–163 (40
U.S.C. 1003 note), shall be preserved, and all dead-
lines tolled, while the Foundation is considering the
offer of a site for the memorial within the Arlington
Naval Annex.
(d) PREPARATION FOR AND CONSTRUCTION OF AIR
FORCE MEMORIAL.—
(1) PREPARATION
FOR
CONSTRUCTION.—Not
later than two years after the date on which the
Foundation accepts the offer made under subsection
(b) and has available sufficient funds to construct the
420
Air Force Memorial, the Secretary of Defense, in co-
ordination with the Foundation, shall remove all
structures and prepare the Arlington Naval Annex
site for use as may be necessary to permit construc-
tion of the memorial and appropriate access.
(2) CONSTRUCTION OF MEMORIAL.—Upon the re-
moval of structures and preparation of the property
for use as required by paragraph (1), the Secretary
of Defense shall permit the Foundation to commence
construction of the Air Force Memorial on the Arling-
ton Naval Annex site.
(3) RELATION
TO
OTHER
TRANSFER
AUTHOR-
ITY.—Nothing in this section alters the deadline for
transfer of the Arlington Naval Annex to the Sec-
retary of the Army and remediation of the transferred
land for use as part of Arlington National Cemetery,
as required by section 2881 of the Military Construc-
tion Authorization Act for Fiscal Year 2000.
(4) OVERSIGHT.—The Secretary of Defense shall
have exclusive authority in all matters relating to ap-
proval of the siting and design of the Air Force Me-
morial on the Arlington Naval Annex site, and the
siting, design, and construction of the memorial on
such site shall not be subject to the requirements of the
Commemorative Works Act (40 U.S.C. 1001 et seq.).
421
(e) ACCESS AND MANAGEMENT OF RESULTING AIR
FORCE MEMORIAL.—The Secretary of the Army may enter
into a cooperative agreement with the Foundation to pro-
vide for management of the Air Force Memorial constructed
on the Arlington Naval Annex site and to guarantee public
access to the memorial.
(f) LAND TRANSFER, ARLINGTON RIDGE TRACT.—
(1) TRANSFER REQUIRED.—Within 30 days after
the date of the enactment of this Act, the Secretary of
the Interior shall transfer, without reimbursement, to
the Secretary of the Army administrative jurisdiction
over the Arlington Ridge tract.
(2) USE OF LAND.—The Secretary of the Army
shall incorporate the Arlington Ridge tract into Ar-
lington National Cemetery and may designate and
use up to 15 acres of that portion of the tract east of
the Netherlands Carillon and Marine Corps Memorial
as new in-ground burial sites, for both full casket and
cremated remains, for the burial of eligible individ-
uals in Arlington National Cemetery. Burial sites
shall not be developed within 50 feet of the pathway,
in existence as of the date of the enactment of this
Act, that connects the Netherlands Carillon and the
Marine Corps Memorial or the existing roadway that
422
circles the Marine Corps Memorial. No other struc-
tures shall be permitted on the Arlington Ridge tract.
(3) ACCESS AND MANAGEMENT OF EXISTING ME-
MORIALS.—The Secretary of the Army and the Sec-
retary of the Interior shall enter into a cooperative
agreement to continue National Park Service manage-
ment of the Netherlands Carillon and the Marine
Corps Memorial and to guarantee public access to
these locations.
(g) LAND TRANSFER, SECTION 29.—
(1) TRANSFER REQUIRED.—Within 30 days after
the date of the enactment of this Act, the Secretary of
the Interior shall transfer, without reimbursement, to
the Secretary of the Army administrative jurisdiction
over that portion of Section 29 located more than 50
feet from Sherman Drive and located between Ord
and Weitzel Drive and the southern boundary of Sec-
tion 29.
(2) USE OF LAND.—The Secretary of the Army
shall use the transferred property only for the develop-
ment of in-ground burial sites and columbarium
which are designed to meet the contours of Section 29.
The Secretary of the Army shall preserve the natural
setting of the parcel and the mature trees on the par-
423
cel to the greatest extent practicable while providing
for its efficent use as burial space.
(3) MANAGEMENT
OF
REMAINDER.—The Sec-
retary of the Army and the Secretary of the Interior
shall enter into a cooperative agreement to continue
National Park Service management of that portion of
Section 29 that is not transferred under this sub-
section to provide a natural setting and visual buffer
for Arlington House, the Robert E. Lee Memorial.
(h) REMOVAL OF ARLINGTON NAVAL ANNEX AS POS-
SIBLE NATIONAL MILITARY MUSEUM SITE.—
(1) EXISTING NAVY ANNEX TRANSFER.—Section
2881 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106–
65; 113 Stat. 879) is amended—
(A) in subsection (b)—
(i) by striking ‘‘(1) Subject to para-
graph (2), the’’ and inserting ‘‘The’’; and
(ii) by striking paragraph (2);
(B) by striking subsections (d), (e), and (f);
and
(C) by redesignating subsections (g) and (h)
as subsections (d) and (e), respectively.
(2) COMMISSION ON NATIONAL MILITARY MU-
SEUM.—Section 2902 of the Military Construction
424
Authorization Act for Fiscal Year 2000 (division B of
Public Law 106–65; 113 Stat. 881; 10 U.S.C. 111
note) is amended by striking subsection (d) and in-
serting the following new subsection:
‘‘(d) PROHIBITION ON CONSIDERATION OF ARLINGTON
NAVAL ANNEX.—The Commission may not consider any
portion of the Navy Annex property described in section
2881 as a possible site for a national military museum.’’.
SEC. 2863. MANAGEMENT OF THE PRESIDIO OF SAN FRAN-
CISCO.
(a) AUTHORITY TO LEASE CERTAIN HOUSING UNITS
FOR USE AS ARMY HOUSING.—Title I of division I of the
Omnibus Parks and Public Lands Management Act of 1996
(Public Law 104–333; 16 U.S.C. 460bb note) is amended
by adding at the end the following new section:
‘‘SEC. 107. AUTHORITY TO LEASE CERTAIN HOUSING UNITS
WITHIN THE PRESIDIO.
‘‘(a) AVAILABILITY OF HOUSING UNITS FOR ARMY
LEASE.—The Trust shall make available for lease, to those
persons designated by the Secretary of the Army, housing
units specified in subsection (b).
‘‘(b) HOUSING UNITS.—The housing units referred to
in this section are identified as follows:
‘‘(1) Liggett 715 A&B, 716 A&B, 717 A&B, 718
A&B, 719 A&B, and 720 A&B.
425
‘‘(2) West Washington 1401 A&B, 1403 A&B,
and 1405 B.
‘‘(3) Infantry Terrace 340, 341, 342, and 343.
‘‘(4) Wright Loop 1332.
‘‘(c) REPLACEMENT
OF DAMAGED
OR DESTROYED
HOUSING UNITS.—In the event of significant damage to or
destruction of a housing unit specified in subsection (b),
the Trust shall provide a substitute housing unit of equal
size and accommodation.
‘‘(d) LEASE AMOUNT.—The monthly amount charged
by the Trust for the lease of a housing unit, including utili-
ties and municipal services, under this section shall not ex-
ceed the monthly rate of the basic allowance for housing
that the occupant of the housing unit is entitled to receive
under section 403 of title 37, United States Code. The De-
partment of the Army shall have no other fiscal obligations
with regard to the housing units specified in subsection (b)
or housing units replaced pursuant to subsection (c).
‘‘(e) RELATIONS TO TRUST FUNDING LIMITATIONS.—
The Trust shall comply with this section without regard to
the requirement of section 105(b) that the Trust achieve fi-
nancial self-sufficiency.’’.
(b) INCREASED
BORROWING
AUTHORITY.—Section
104(d)(3) of title I of division I of the Omnibus Parks and
Public Lands Management Act of 1996, as redesignated by
426
section 101(13)(G) of the Omnibus Parks Technical Correc-
tions Act of 2000 (Public Law 106–176; 114 Stat. 25), is
amended—
(1) by striking ‘‘$50,000,000’’ and inserting
‘‘$150,000,000’’; and
(2) by striking ‘‘paragraph (3) of’’.
SEC. 2864. EFFECT OF LIMITATION ON CONSTRUCTION OF
ROADS OR HIGHWAYS, MARINE CORPS BASE,
CAMP PENDLETON, CALIFORNIA.
Section 2851 of the Military Construction Authoriza-
tion Act for Fiscal Year 1999 (division B of Public Law
105–261; 112 Stat. 2219), as amended by section 2881 of
the Spence Act (114 Stat. 1654A–438), is amended by add-
ing at the end the following new subsection:
‘‘(g) LIMITATION ON CONSTRUCTION OF ROADS OR
HIGHWAYS.—If a State law enacted after January 1, 2001,
directly or indirectly prohibits or restricts the construction
or approval of a road or highway within the easement
granted under this section, the State law shall not be effec-
tive with respect to such construction or approval.’’.
SEC. 2865. ESTABLISHMENT OF WORLD WAR II MEMORIAL
AT ADDITIONAL LOCATION ON GUAM.
Section 2886 of the Military Construction Authoriza-
tion Act for Fiscal Year 2001 (division B of the Spence
Act; 114 Stat. 1654A–441) is amended—
427
(1) in subsection (a), by inserting ‘‘, and on Fed-
eral lands near Yigo,’’ after ‘‘Fena Caves’’;
(2) in the heading of subsection (b), by striking
‘‘MEMORIAL’’ and inserting ‘‘MEMORIALS’’; and
(3) in subsections (b) and (c), by striking ‘‘me-
morial’’ each place it appears and inserting ‘‘memo-
rials’’.
TITLE XXIX—FORT IRWIN
MILITARY LAND WITHDRAWAL
SEC. 2901. SHORT TITLE.
This title may be cited as the ‘‘Fort Irwin Military
Land Withdrawal Act of 2001’’.
SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS FOR
NATIONAL TRAINING CENTER.
(a) WITHDRAWAL.—Subject to valid existing rights
and except as otherwise provided in this title, all public
lands and interests in lands described in subsection (c) are
hereby withdrawn from all forms of appropriation under
the general land laws, including the mining laws and min-
eral and geothermal leasing laws, and jurisdiction over such
lands and interests in lands withdrawn and reserved by this
title is hereby transferred to the Secretary of the Army.
(b) RESERVATION.—The lands withdrawn under sub-
section (a) are reserved for use by the Secretary of the Army
for the following purposes:
428
(1) The conduct of combined arms military
training at the National Training Center.
(2) The development and testing of military
equipment at the National Training Center.
(3) Other defense-related purposes consistent
with the purposes specified in paragraphs (1) and
(2).
(4) Conservation and related research purposes.
(c) LAND DESCRIPTION.—The public lands and inter-
ests in lands withdrawn and reserved by this section com-
prise approximately 110,000 acres in San Bernardino
County, California, as generally depicted as ‘‘Proposed
Withdrawal Land’’ on the map entitled ‘‘National Training
Center—Proposed Withdrawal of Public Lands for Train-
ing Purposes,’’ dated September 21, 2000, and filed in ac-
cordance with section 2903.
(d) CHANGES IN USE.—The Secretary of the Army
shall consult with the Secretary of the Interior before using
the lands withdrawn and reserved by this section for any
purpose other than those purposes identified in subsection
(b).
(e) INDIAN TRIBES.—Nothing in this title shall be con-
strued as altering any rights reserved for tribal use by trea-
ty or Federal law. The Secretary of the Army shall consult
with federally recognized Indian tribes in the vicinity of
429
the lands withdrawn under subsection (a) before taking ac-
tion affecting rights or cultural resources protected by trea-
ty or Federal law.
SEC. 2903. MAP AND LEGAL DESCRIPTION.
(a) PREPARATION
OF MAP
AND LEGAL DESCRIP-
TION.—As soon as practicable after the date of the enact-
ment of this Act, the Secretary of the Interior shall—
(1) publish in the Federal Register a notice con-
taining the legal description of the lands withdrawn
and reserved by this title; and
(2) file a map and legal description of the lands
withdrawn and reserved by this title with the Com-
mittee on Energy and Natural Resources of the Sen-
ate and the Committee on Resources of the House of
Representatives.
(b) LEGAL EFFECT.—The map and legal description
shall have the same force and effect as if included in this
title, except that the Secretary of the Interior may correct
clerical and typographical errors in the map and legal de-
scription.
(c) AVAILABILITY.—Copies of the map and the legal
description shall be available for public inspection in the
following offices:
(1) The offices of the California State Director,
California Desert District Office, and Riverside and
430
Barstow Field Offices of the Bureau of Land Manage-
ment.
(2) The Office of the Commander, National
Training Center and Fort Irwin.
(d) COSTS.—The Secretary of the Army shall reim-
burse the Secretary of the Interior for the costs incurred
by the Secretary of the Interior in implementing this sec-
tion.
SEC. 2904. MANAGEMENT OF WITHDRAWN AND RESERVED
LANDS.
(a) GENERAL MANAGEMENT AUTHORITY.—During the
period of the withdrawal and reservation made by this title,
the Secretary of the Army shall manage the lands with-
drawn and reserved by this title for the purposes specified
in section 2902.
(b) TEMPORARY PROHIBITION ON CERTAIN USE.—
Military use of the lands withdrawn and reserved by this
title that result in ground disturbance, as determined by
the Secretary of the Army and the Secretary of the Interior,
are prohibited until the Secretary of the Army and the Sec-
retary of the Interior certify to Congress that there has been
full compliance with respect to such lands with the appro-
priate provisions of this title, the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), the National Environ-
431
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
other applicable laws.
(c) ACCESS RESTRICTIONS.—
(1) IN GENERAL.—If the Secretary of the Army
determines that military operations, public safety, or
national security require the closure to the public of
any road, trail, or other portion of the lands with-
drawn and reserved by this title, the Secretary may
take such action as the Secretary determines nec-
essary or desirable to effect and maintain such clo-
sure.
(2) LIMITATION.—Any closure under paragraph
(1) shall be limited to the minimum areas and peri-
ods that the Secretary of the Army determines are re-
quired for the purposes specified in such paragraph.
(3) NOTICE.—Immediately preceding and during
any closure under paragraph (1), the Secretary of the
Army shall post appropriate warning notices and
take other steps, as necessary, to notify the public of
the closure.
(d) INTEGRATED NATURAL RESOURCES MANAGEMENT
PLAN.—The Secretary of the Army shall prepare and im-
plement, in accordance with title I of the Sikes Act (16
U.S.C. 670 et seq.), an integrated natural resources man-
agement plan for the lands withdrawn and reserved by this
432
title. In addition to the elements required under the Sikes
Act, the integrated natural resources management plan
shall include the following:
(1) A requirement that any hunting, fishing, and
trapping on the lands withdrawn and reserved by this
title be conducted in accordance with section 2671 of
title 10, United States Code.
(2) A requirement that the Secretary of the
Army take necessary actions to prevent, suppress, and
manage brush and range fires occurring within the
boundaries of Fort Irwin and brush and range fires
occurring outside the boundaries of Fort Irwin that
result from military activities at Fort Irwin.
(e) FIREFIGHTING.—Notwithstanding section 2465 of
title 10, United States Code, the Secretary of the Army may
obligate funds appropriated or otherwise available to the
Secretary of the Army to enter into a memorandum of un-
derstanding, cooperative agreement, or contract for fire
fighting services to carry out the requirements of subsection
(d)(2). The Secretary of the Army shall reimburse the Sec-
retary of the Interior for costs incurred by the Secretary
of the Interior to assist in carrying out the requirements
of such subsection.
(f) CONSULTATION WITH NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION.—In preparing and imple-
433
menting any plan, report, assessment, survey, opinion, or
impact statement regarding the lands withdrawn and re-
served by this title, the Secretary of the Army shall consult
with the Administrator of the National Aeronautics and
Space Administration whenever proposed Army actions
have the potential to affect the operations or the environ-
mental management of the Goldstone Deep Space Commu-
nications Complex. The requirement for consultation shall
apply, at a minimum, to the following:
(1) Plans for military training, military equip-
ment testing, or related activities that have the poten-
tial of impacting communications between Goldstone
Deep Space Communications Complex and space
flight missions or other transmission or receipt of sig-
nals from outer space by the Goldstone Deep Space
Communications Complex.
(2) The integrated natural resources manage-
ment plan required by subsection (d).
(3) The West Mojave Coordinated Management
Plan referred to in section 2907.
(4) Any document prepared in compliance with
the Endangered Species Act of 1973, the National En-
vironmental Policy Act of 1969, and other laws appli-
cable to the lands withdrawn and reserved by this
title.
434
(g) USE OF MINERAL MATERIALS.—Notwithstanding
any other provision of this title or the Act of July 31, 1947
(commonly known as the Materials Act of 1947, 30 U.S.C.
601 et seq.), the Secretary of the Army may use sand, grav-
el, or similar mineral material resources of the type subject
to disposition under such Act from the lands withdrawn
and reserved by this title if the use of such resources is re-
quired for construction needs of the National Training Cen-
ter.
SEC. 2905. WATER RIGHTS.
(a) NO RESERVED WATER RIGHT ESTABLISHED.—
Nothing in this title shall be construed—
(1) to establish a reservation in favor of the
United States with respect to any water or water
right on the lands withdrawn and reserved by this
title; or
(2) to authorize the appropriation of water on
such lands by the United States after the date of the
enactment of this Act, except in accordance with ap-
plicable State law.
(b) EFFECT ON PREVIOUSLY ACQUIRED OR RESERVED
WATER RIGHTS.—This section shall not be construed to af-
fect any water rights acquired or reserved by the United
States before the date of the enactment of this Act, and the
435
Secretary of the Army may exercise any such previously
acquired or reserved water rights.
SEC. 2906. ENVIRONMENTAL COMPLIANCE AND ENVIRON-
MENTAL RESPONSE REQUIREMENTS.
(a) AGREEMENT CONCERNING ENVIRONMENT
AND
PUBLIC HEALTH.—The Secretary of the Army and the Sec-
retary of the Interior may enter into such agreements con-
cerning the environment and public health as are necessary,
appropriate, and in the public interest to carry out the pur-
poses of this title.
(b) RELATION TO OTHER ENVIRONMENTAL LAWS.—
Nothing in this section shall be construed to alter the rights,
responsibilities, and obligations of the Secretary of the
Army or the Secretary of the Interior under the Comprehen-
sive Environmental Response, Compensation and Liability
Act of 1980 (42 U.S.C. 9601 et seq.) or other environmental
laws applicable to the lands withdrawn and reserved by this
title.
SEC. 2907. WEST MOJAVE COORDINATED MANAGEMENT
PLAN.
(a) COMPLETION.—The Secretary of the Interior shall
make every effort to complete the West Mojave Coordinated
Management Plan not later than two years after the date
of the enactment of this Act.
436
(b) CONSIDERATION OF WITHDRAWAL AND RESERVA-
TION IMPACTS.—The Secretary of the Interior shall ensure
that the West Mojave Coordinated Management Plan con-
siders the impacts of the availability or nonavailability of
the lands withdrawn and reserved by this title on the plan
as a whole.
(c) CONSULTATION.—The Secretary of the Interior
shall consult with the Secretary of the Army and the Ad-
ministrator of the National Aeronautics and Space Admin-
istration in the development of the West Mojave Coordi-
nated Management Plan.
SEC. 2908. RELEASE OF WILDERNESS STUDY AREAS.
Congress hereby finds and directs that lands with-
drawn and reserved by this title have been adequately stud-
ied for wilderness designation pursuant to section 603(c)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)), and are no longer subject to the re-
quirement of such section pertaining to the management of
wilderness study areas in a manner that does not impair
the suitability of such areas for preservation as wilderness.
SEC. 2909. TRAINING ACTIVITY SEPARATION FROM UTILITY
CORRIDORS.
(a) REQUIRED SEPARATION.—All military ground ac-
tivity training on the lands withdrawn and reserved by this
title shall remain at least 500 meters from any utility sys-
437
tem, in existence as of the date of the enactment of this Act,
in Utility Planning Corridor D, as described in the Cali-
fornia Desert Conservation Area Plan, dated 1980 and sub-
sequently amended.
(b) EXCEPTION.—Subsection (a) does not modify the
use of any lands used, as of the date of the enactment of
this Act, by the National Training Center for training or
alter any right of access granted by interagency agreement.
SEC. 2910. DURATION OF WITHDRAWAL AND RESERVATION.
(a) TERMINATION DATE.—Unless extended pursuant
to section 2911, unless relinquishment is postponed by the
Secretary of the Interior pursuant to section 2912(b), and
except as provided in section 2912(d), the withdrawal and
reservation made by this title shall terminate 25 years after
the date of the enactment of this Act.
(b) LIMITATION ON SUBSEQUENT AVAILABILITY FOR
APPROPRIATION.—At the time of termination of the with-
drawal and reservation made by this title, the previously
withdrawn lands shall not be open to any forms of appro-
priation under the general land laws, including the mining
laws and the mineral and geothermal leasing laws, until
the Secretary of the Interior publishes in the Federal Reg-
ister an appropriate order that shall state the date upon
which such lands shall be restored to the public domain and
opened.
438
SEC. 2911. EXTENSION OF INITIAL WITHDRAWAL AND RES-
ERVATION.
(a) NOTIFICATION REQUIREMENT.—Not later than
three years before the termination date specified in section
2910(a), the Secretary of the Army shall notify Congress
and the Secretary of the Interior concerning whether the
Army will have a continuing military need, beyond the ter-
mination date, for all or any portion of the lands with-
drawn and reserved by this title.
(b) PROCESS FOR EXTENSION OF WITHDRAWAL AND
RESERVATION.—
(1) CONSULTATION
AND
APPLICATION.—If the
Secretary of the Army determines that there will be
a continuing military need after the termination date
for any of the lands withdrawn and reserved by this
title, the Secretary of the Army shall—
(A) consult with the Secretary of the Inte-
rior concerning any adjustments to be made to
the extent of, or to the allocation of management
responsibility for, such needed lands; and
(B) file with the Secretary of the Interior,
within one year after the notice required by sub-
section (a), an application for extension of the
withdrawal and reservation of such needed lands.
(2) 
APPLICATION
REQUIREMENTS.—Notwith-
standing any general procedure of the Department of
439
the Interior for processing Federal land withdrawals,
an application for extension of the land withdrawal
and reservation made by this title shall be considered
to be complete if the application includes the informa-
tion required by section 3 of Public Law 85–337
(commonly known as the Engle Act; 43 U.S.C. 157),
except that no information shall be required con-
cerning the use or development of mineral, timber, or
grazing resources unless, and only to the extent, the
Secretary of the Army proposes to use or develop such
resources during the period of extension.
(c) SUBMISSION OF PROPOSED EXTENSION TO CON-
GRESS.—The Secretary of the Interior and the Secretary
of the Army may submit to Congress a legislative proposal
for the extension of the withdrawal and reservation made
by this title. The legislative proposal shall be accompanied
by an appropriate analysis of environmental impacts asso-
ciated with the proposal, as required by section 102(2)(C)
of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)).
SEC. 2912. TERMINATION AND RELINQUISHMENT.
(a) NOTICE OF TERMINATION.—During the first 22
years of the withdrawal and reservation made by this title,
if the Secretary of the Army determines that there is no
continuing military need for the lands withdrawn and re-
440
served by this title, or any portion of such lands, the Sec-
retary of the Army shall submit to the Secretary of the Inte-
rior a notice of intent to relinquish jurisdiction over such
lands. The notice shall specify the proposed date of relin-
quishment.
(b) ACCEPTANCE OF JURISDICTION.—The Secretary of
the Interior may accept jurisdiction over any lands covered
by a notice under subsection (a) if the Secretary of the Inte-
rior determines that the Secretary of the Army has taken
or will take all environmental response and restoration ac-
tivities required under applicable laws and regulations.
(c) NOTICE OF ACCEPTANCE.—If the Secretary of the
Interior decides to accept jurisdiction over lands covered by
a notice under subsection (a) before the termination date
of the withdrawal and reservation, the Secretary shall pub-
lish in the Federal Register an appropriate order that
shall—
(1) terminate the withdrawal and reservation of
such lands under this title;
(2) constitute official acceptance of administra-
tive jurisdiction over the lands by the Secretary of the
Interior; and
(3) state the date upon which such lands shall be
opened to the operation of the general land laws, in-
441
cluding the mining laws and the mineral and geo-
thermal leasing laws, if appropriate.
(d) 
RETAINED
ARMY
JURISDICTION.—Notwith-
standing the termination date specified in section 2910, un-
less and until the Secretary of the Interior accepts jurisdic-
tion of land proposed for relinquishment pursuant to this
section, such land shall remain withdrawn and reserved for
the Secretary of the Army for the limited purposes of envi-
ronmental response and restoration actions under section
2906 and continued land management responsibilities pur-
suant to the integrated natural resources management plan
required under section 2904, until such environmental re-
sponse and restoration activities on those lands are com-
pleted.
(e) SEVERABILITY OF FUNCTIONS.—All functions de-
scribed 
under 
this 
section, 
including 
transfers,
relinquishments, extensions, and other determinations, may
be made on a parcel-by-parcel basis.
SEC. 2913. DELEGATION OF AUTHORITY.
(a) SECRETARY OF THE ARMY.—The Secretary of the
Army may delegate to officials in the Department of the
Army such functions as the Secretary of the Army may de-
termine appropriate to carry out this title.
(b) SECRETARY OF THE INTERIOR.—The functions of
the Secretary of the Interior under this title may be dele-
442
gated, except that the order described in section 2912(c)
may be approved and signed only by the Secretary of the
Interior, the Deputy Secretary of the Interior, or an Assist-
ant Secretary of the Department of the Interior.
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. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2002 for the activities
of the National Nuclear Security Administration in car-
rying out programs necessary for national security in the
amount of $6,859,895,000, to be allocated as follows:
(1) WEAPONS ACTIVITIES.—For weapons activi-
ties, $5,369,488,000, to be allocated as follows:
(A) For stewardship operation and mainte-
nance, $4,527,192,000, to be allocated as follows:
443
(i) 
For 
directed 
stockpile 
work,
$1,043,791,000.
(ii) For campaigns, $2,036,413,000, to
be allocated as follows:
(I) For operation and mainte-
nance, $1,653,441,000.
(II) 
For 
construction,
$382,972,000, to be allocated as fol-
lows:
Project 01–D–101, distrib-
uted information systems labora-
tory, Sandia National Labora-
tories, 
Livermore, 
California,
$5,400,000.
Project 00–D–103, terascale
simulation 
facility, 
Lawrence
Livermore National Laboratory,
Livermore, 
California,
$20,000,000.
Project 00–D–105, strategic
computing complex, Los Alamos
National Laboratory, Los Alamos,
New Mexico, $11,070,000.
Project 00–D–107, joint com-
putational engineering laboratory,
444
Sandia National Laboratories, Al-
buquerque, 
New 
Mexico,
$5,377,000.
Project 98–D–125, tritium
extraction 
facility, 
Savannah
River Plant, Aiken, South Caro-
lina, $81,125,000.
Project 
98–D–126, 
accel-
erator 
production 
of 
tritium
(APT), 
various 
locations,
$15,000,000.
Project 96–D–111, national
ignition facility (NIF), Lawrence
Livermore National Laboratory,
Livermore, 
California,
$245,000,000.
(iii) For readiness in technical base
and facilities, $1,446,988,000, to be allo-
cated as follows:
(I) For operation and mainte-
nance, $1,292,324,000.
(II) For plant projects (including
maintenance, 
restoration, 
planning,
construction, acquisition, modification
of facilities, and the continuation of
445
projects authorized in prior years, and
land 
acquisition 
related 
thereto),
$154,664,000, to be allocated as fol-
lows:
Project 
02–D–101, 
micro-
systems and engineering sciences
applications (MESA), Sandia Na-
tional Laboratories, Albuquerque,
New Mexico, $2,000,000.
Project 
02–D–103, 
project
engineering and design (PED),
various locations, $9,180,000.
Project 02–D–107, electrical
power systems safety communica-
tions and bus upgrades, Nevada
Test Site, Nevada, $3,507,000.
Project 01–D–103, prelimi-
nary project design and engineer-
ing, 
various 
locations,
$45,379,000.
Project 01–D–124, highly en-
riched uranium (HEU) materials
storage facility, Y–12 Plant, Oak
Ridge, Tennessee, $9,500,000.
446
Project 01–D–126, weapons
evaluation test laboratory, Pantex
Plant, 
Amarillo, 
Texas,
$7,700,000.
Project 01–D–800, sensitive
compartmented information facil-
ity, Lawrence Livermore National
Laboratory, 
Livermore, 
Cali-
fornia, $12,993,000.
Project 
99–D–103, 
isotope
sciences 
facilities, 
Lawrence
Livermore National Laboratory,
Livermore, California, $4,400,000.
Project 99–D–104, protection
of real property (roof reconstruc-
tion, phase II), Lawrence Liver-
more National Laboratory, Liver-
more, California, $2,800,000.
Project 99–D–106, model val-
idation and system certification
center, Sandia National Labora-
tories, Albuquerque, New Mexico,
$4,955,000.
Project 99–D–125, replace
boilers and controls, Kansas City
447
Plant, Kansas City, Missouri,
$300,000.
Project 99–D–127, stockpile
management restructuring initia-
tive, Kansas City plant, Kansas
City, Missouri, $22,200,000.
Project 99–D–128, stockpile
management restructuring initia-
tive, 
Pantex 
Plant, 
Amarillo,
Texas, $3,300,000.
Project 98–D–123, stockpile
management restructuring initia-
tive, tritium facility moderniza-
tion and consolidation, Savannah
River Plant, Aiken, South Caro-
lina, $13,700,000.
Project 98–D–124, stockpile
management restructuring initia-
tive, Y–12 consolidation, Oak
Ridge, Tennessee, $6,850,000.
Project 97–D–123, structural
upgrades, Kansas City Plant,
Kansas 
City, 
Missouri,
$3,000,000.
448
Project 96–D–102, stockpile
stewardship facilities revitaliza-
tion, Phase VI, various locations,
$2,900,000.
(B) 
For 
facilities 
and 
infrastructure,
$50,600,000.
(C) 
For 
secure 
transportation 
asset,
$121,800,000, to be allocated as follows:
(i) For operation and maintenance,
$77,571,000.
(ii) 
For 
program 
direction,
$44,229,000.
(D) 
For 
safeguards 
and 
security,
$448,881,000, to be allocated as follows:
(i) For operations and maintenance,
$439,281,000.
(ii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects au-
thorized in prior years, and land acquisi-
tion related thereto), $9,600,000, to be allo-
cated as follows:
Project 99–D–132, stockpile man-
agement restructuring initiative, nu-
449
clear material safeguards and security
upgrades project, Los Alamos National
Laboratory, Los Alamos, New Mexico,
$9,600,000.
(E) For program direction, $250,000,000.
(F) The total amount authorized by this
paragraph is the sum of the amounts authorized
to be appropriated by subparagraphs (A)
through (E), reduced by $28,985,000, to be de-
rived from a security charge for reimbursable
work.
(2) DEFENSE
NUCLEAR
NONPROLIFERATION.—
For other nuclear security activities, $773,700,000, to
be allocated as follows:
(A) For nonproliferation and verification
research and development, $206,102,000, to be
allocated as follows:
(i) For operation and maintenance,
$170,296,000.
(ii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects au-
thorized in prior years, and land acquisi-
450
tion related thereto), $35,806,000, to be allo-
cated as follows:
Project 00–D–192, nonprolifera-
tion and international security center
(NISC), Los Alamos National Labora-
tory, 
Los 
Alamos, 
New 
Mexico,
$35,806,000.
(B) For arms control, $101,500,000.
(C) For international materials protection,
control, and accounting, $138,800,000.
(D) For highly enriched uranium trans-
parency implementation, $13,950,000.
(E) 
For 
international 
nuclear 
safety,
$10,800,000.
(F) For fissile materials control and dis-
position, $293,089,000, to be allocated as follows:
(i) For United States surplus fissile
materials disposition, $236,089,000, to be
allocated as follows:
(I) For operation and mainte-
nance, $130,089,000.
(II) For plant projects (including
maintenance, 
restoration, 
planning,
construction, acquisition, modification
of facilities, and the continuation of
451
projects authorized in prior years, and
land 
acquisition 
related 
thereto),
$106,000,000, to be allocated as fol-
lows:
Project 01–D–407, highly en-
riched uranium blend-down, Sa-
vannah River Site, Aiken, South
Carolina, $24,000,000.
Project 99–D–141, pit dis-
assembly and conversion facility,
Savannah 
River 
Site, 
Aiken,
South Carolina, $16,000,000.
Project 
99–D–143, 
mixed
oxide fuel fabrication facility, Sa-
vannah River Site, Aiken, South
Carolina, $63,000,000.
Project 
99–D–142, 
immo-
bilization and associated proc-
essing facility, Savannah River
Site, 
Aiken, 
South 
Carolina,
$3,000,000.
(ii) For Russian surplus fissile mate-
rials disposition, $57,000,000, to be allo-
cated as follows:
452
(I) For Russian plutonium dis-
position, and support and oversight in
the United States, $56,000,000.
(II) For advanced reactor tech-
nology, $1,000,000.
(G) For program direction, $51,459,000.
(H) The total amount authorized by this
paragraph is the sum of the amounts authorized
to be appropriated by subparagraphs (A)
through (G), reduced by $42,000,000, to be de-
rived from offsets and use of prior year balances.
(3) NAVAL
REACTORS.—For naval reactors,
$688,045,000, to be allocated as follows:
(A) 
For 
naval 
reactors 
development,
$665,445,000, to be allocated as follows:
(i) For operation and maintenance,
$652,245,000.
(ii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects au-
thorized in prior years, and land acquisi-
tion related thereto), $13,200,000, to be allo-
cated as follows:
453
Project 01–D–200, major office re-
placement building, Schenectady, New
York, $9,000,000.
Project 90–N–102, expended core
facility dry cell project, Naval Reactors
Facility, Idaho, $4,200,000.
(B) For program direction, $22,600,000.
(4) 
DEFENSE
NUCLEAR
COUNTERINTEL-
LIGENCE.—For defense nuclear counterintelligence,
$13,662,000.
(5) OFFICE OF ADMINISTRATOR FOR NUCLEAR
SECURITY.—For the Office of the Administrator for
Nuclear Security, for program direction, $15,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND
WASTE MANAGEMENT.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year
2002 for environmental restoration and waste management
activities in carrying out programs necessary for national
security in the amount of $4,646,427,000, to be allocated
as follows:
(1) CLOSURE
PROJECTS.—For closure projects
carried out in accordance with section 3143 of the
National Defense Authorization Act for Fiscal Year
454
1997 (Public Law 104–201; 110 Stat. 2836; 42
U.S.C. 7277n), $1,050,538,000.
(2) SITE/PROJECT COMPLETION.—For site com-
pletion and project completion in carrying out envi-
ronmental management activities necessary for na-
tional security programs, $920,196,000, to be allo-
cated as follows:
(A) 
For 
operation 
and 
maintenance,
$872,030,000.
(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),
$48,166,000, to be allocated as follows:
Project 02–D–420, FB line plutonium
stabilization and packaging, Savannah
River 
Site, 
Aiken, 
South 
Carolina,
$20,000,000.
Project 01–D–402, Intec cathodic pro-
tection system expansion, Idaho National
Engineering and Environmental Labora-
tory, Idaho Falls, Idaho, $3,256,000.
455
Project 01–D–414, preliminary project,
engineering and design (PE&D), various lo-
cations, $10,254,000.
Project 99–D–402, tank farm support
services, F&H areas, Savannah River Site,
Aiken, South Carolina, $5,040,000.
Project 99–D–404, health physics in-
strumentation laboratory, Idaho National
Engineering and Environmental Labora-
tory, Idaho Falls, Idaho, $2,700,000.
Project 
98–D–453, 
plutonium 
sta-
bilization and handling system for pluto-
nium finishing plant, Richland, Wash-
ington, $1,910,000.
Project 96–D–471, chlorofluorocarbon
heating, ventilation, and air conditioning
and chiller retrofit, Savannah River Site,
Aiken, South Carolina, $4,244,000.
Project 
86–D–103, 
decontamination
and waste treatment facility, Lawrence
Livermore National Laboratory, Livermore,
California, $762,000.
(3) POST-2006 COMPLETION.—For post-2006 com-
pletion in carrying out environmental restoration
and waste management activities necessary for na-
456
tional security programs, $3,021,201,000, to be allo-
cated as follows:
(A) 
For 
operation 
and 
maintenance,
$1,761,979,000.
(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), $6,754,000,
to be allocated as follows:
Project 93–D–187, high-level waste re-
moval from filled waste tanks, Savannah
River 
Site, 
Aiken, 
South 
Carolina,
$6,754,000.
(C) For the Office of River Protection in
carrying out environmental restoration and
waste management activities necessary for na-
tional security programs, $832,468,000, to be al-
located as follows:
(i) For operation and maintenance,
$272,151,000.
(ii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects au-
457
thorized in prior years, and land acquisi-
tion related thereto), $560,317,000, to be al-
located as follows:
Project 01–D–416, waste treat-
ment and immobilization plant, Rich-
land, Washington, $520,000,000.
Project 97–D–402, tank farm res-
toration and safe operations, Richland,
Washington, $33,473,000.
Project 94–D–407, initial tank re-
trieval systems, Richland, Washington,
$6,844,000.
(4) SCIENCE AND TECHNOLOGY DEVELOPMENT.—
For science and technology development in carrying
out environmental restoration and waste management
activities necessary for national security programs,
$196,000,000.
(5) EXCESS FACILITIES.—For excess facilities in
carrying out environmental restoration and waste
management activities necessary for national security
programs, $1,300,000.
(6) SAFEGUARDS
AND
SECURITY.—For safe-
guards and security in carrying out environmental
restoration and waste management activities nec-
essary for national security programs, $205,621,000.
458
(7) PROGRAM DIRECTION.—For program direc-
tion in carrying out environmental restoration and
waste management activities necessary for national
security programs, $355,761,000.
(b) ADJUSTMENT.—The total amount authorized to be
appropriated by subsection (a) is the sum of the amounts
authorized to be appropriated by paragraphs (1) through
(7) of that subsection, reduced by $53,652,000, to be derived
from offsets and use of prior year balances.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year
2002 for other defense activities in carrying out programs
necessary for national security in the amount of
$502,099,000, to be allocated as follows:
(1) 
INTELLIGENCE.—For 
intelligence,
$40,844,000.
(2) COUNTERINTELLIGENCE.—For counterintel-
ligence, $32,727,000.
(3) SECURITY AND EMERGENCY OPERATIONS.—
For security and emergency operations, $269,250,000,
to be allocated as follows:
(A) For nuclear safeguards and security,
$121,188,000.
459
(B) 
For 
security 
investigations,
$44,927,000.
(C) For corporate management information
programs, $20,000,000.
(D) For program direction, $83,135,000.
(4) INDEPENDENT
OVERSIGHT
AND
PERFORM-
ANCE
ASSURANCE.—For independent oversight and
performance assurance, $14,904,000.
(5) ENVIRONMENT, SAFETY, AND HEALTH.—For
the Office of Environment, Safety, and Health,
$105,293,000, to be allocated as follows:
(A) For environment, safety, and health
(defense), $84,500,000.
(B) For program direction, $20,793,000.
(6) WORKER AND COMMUNITY TRANSITION AS-
SISTANCE.—For worker and community transition
assistance, $21,900,000, to be allocated as follows:
(A) For worker and community transition,
$19,000,000.
(B) For program direction, $2,900,000.
(7) OFFICE OF HEARINGS AND APPEALS.—For
the Office of Hearings and Appeals, $2,893,000.
(8) NATIONAL SECURITY PROGRAMS ADMINISTRA-
TIVE SUPPORT.—For national security programs ad-
ministrative support, $25,000,000.
460
(b) ADJUSTMENT.—The amount authorized to be ap-
propriated pursuant to subsection (a) is the total of the
amounts authorized to be appropriated by paragraphs (1)
through (8) of that subsection, reduced by $10,712,000, of
which $10,000,000 is to reflect an offset provided by use
of prior year balances and $712,000 is to reflect an offset
provided by user organizations for security investigations.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRI-
VATIZATION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2002 for privatization
initiatives in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $126,208,000, to be allocated
as follows:
Project 98–PVT–2, spent nuclear fuel dry stor-
age, Idaho Falls, Idaho, $49,332,000.
Project 97–PVT–2, advanced mixed waste treat-
ment project Idaho Falls, Idaho, $40,000,000.
Project 97–PVT–3, transuranic waste treatment,
Oak Ridge, Tennessee, $10,826,000.
Project 98–PVT–5, environmental management/
waste management disposal, Oak Ridge, Tennessee,
$26,050,000.
461
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2002 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 $310,000,000.
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, the
amount authorized 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 the proposed action.
(2) In the computation of the 30-day period under sub-
section (a), there shall be excluded any day on which either
462
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 $5,000,000.
(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 $5,000,000, the Secretary shall immediately
furnish a report to the congressional defense committees ex-
plaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in para-
graph (2), construction on a construction project may not
be started or additional obligations incurred in connection
with the project above the total estimated cost, whenever the
463
current estimated cost of the construction project, author-
ized by 3101, 3102, or 3103, or which is in support of na-
tional 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.
(b) EXCEPTION.—Subsection (a) does not apply to a
construction project with a current estimated cost of less
than $5,000,000.
464
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 time period as the authorizations of the
Federal agency to which the amounts are transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—
(1) Subject to paragraph (2), the Secretary of Energy may
transfer funds authorized to be appropriated to the Depart-
ment of Energy pursuant to this title between any such au-
thorizations. 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.
(c) LIMITATIONS.—The authority provided by this sec-
tion to transfer authorizations—
(1) may be used only to provide funds for items
relating to activities necessary for national security
465
programs that have a higher priority than the items
from which the funds are transferred; and
(2) may not be used to provide funds for an item
for which Congress has specifically denied funds.
(d) NOTICE TO CONGRESS.—The Secretary of Energy
shall promptly notify the Committees on Armed Services
of the Senate and 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
OF 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
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—
466
(A) for a construction project the total estimated
cost of which is less than $5,000,000; 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 that 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 for advance planning and construction
design under sections 3101, 3102, and 3103, to perform
planning, design, and construction activities for any De-
partment of Energy national security program construction
project that, as determined by the Secretary, must proceed
467
expeditiously in order to protect public health and safety,
to meet the needs of national defense, or to protect property.
(b) LIMITATION.—The Secretary may not exercise the
authority under subsection (a) in the case of any 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 those 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.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriation Acts and
section 3121, amounts appropriated pursuant to this title
for management and support activities and for general
plant projects are available for use, when necessary, in con-
nection with all national security programs of the Depart-
ment of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) IN GENERAL.—Except as provided in subsection
(b), when so specified in an appropriations Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
468
(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—
Amounts appropriated for program direction pursuant to
an authorization of appropriations in subtitle A shall re-
main available to be expended only until the end of fiscal
year 2003.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MAN-
AGEMENT FUNDS AT FIELD OFFICES OF THE
DEPARTMENT OF ENERGY.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of Energy
shall provide the manager of each field office of the Depart-
ment of Energy with the authority to transfer defense envi-
ronmental management funds from a program or project
under the jurisdiction of the office to another such program
or project.
(b) LIMITATIONS.—(1) Only one transfer may be made
to or from any program or project under subsection (a) in
a fiscal year.
(2) The amount transferred to or from a program or
project under subsection (a) may not exceed $5,000,000 in
a fiscal year.
(3) A transfer may not be carried out by a manager
of a field office under subsection (a) unless the manager
determines that the transfer is necessary to address a risk
to health, safety, or the environment or to assure the most
469
efficient use of defense environmental management funds at
the field office.
(4) Funds transferred pursuant to subsection (a) may
not be used for an item for which Congress has specifically
denied funds or for a new program or project that has not
been authorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not apply
to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through the
Assistant Secretary of Energy for Environmental Manage-
ment, shall notify Congress of any transfer of funds pursu-
ant to subsection (a) not later than 30 days after such
transfer occurs.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘program or project’’ means, with
respect to a field office of the Department of Energy,
any of the following:
(A) A program referred to or a project listed
in paragraph (2) or (3) of section 3102.
(B) A program or project not described in
subparagraph (A) that is for environmental res-
toration or waste management activities nec-
essary for national security programs of the De-
partment, that is being carried out by the office,
470
and for which defense environmental manage-
ment funds have been authorized and appro-
priated before the date of the enactment of this
Act.
(2) The term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the Depart-
ment of Energy pursuant to an authorization for car-
rying out environmental restoration and waste man-
agement activities necessary for national security pro-
grams.
(f ) DURATION OF AUTHORITY.—The managers of the
field offices of the Department may exercise the authority
provided under subsection (a) during fiscal year 2002.
SEC. 3130. TRANSFERS OF WEAPONS ACTIVITIES FUNDS AT
NATIONAL SECURITY LABORATORIES AND
NUCLEAR 
WEAPONS 
PRODUCTION 
FACILI-
TIES.
(a) TRANSFER AUTHORITY.—The Secretary of Energy,
acting through the Administrator for Nuclear Security,
shall provide the head of each national security laboratory
and nuclear weapons production facility with the authority
to transfer weapons activities funds from a program under
the jurisdiction of such laboratory or facility to another
such program.
471
(b) LIMITATIONS.—(1) The amount transferred under
subsection (a) by a laboratory or facility in a fiscal year
may not exceed the lesser of—
(A) $5,000,000; and
(B) 10 percent of the total weapons activities
funds available to that laboratory or facility in that
fiscal year for programs under the jurisdiction of such
laboratory or facility.
(2) A transfer may not be carried out under subsection
(a) unless the head of the laboratory or facility determines
that the transfer will result in cost savings and efficiencies.
(3) A transfer may not be carried out under subsection
(a) to cover a cost overrun or scheduling delay for any pro-
gram.
(4) Funds transferred pursuant to subsection (a) may
not be used for an item for which Congress has specifically
denied, limited, or increased funds or for a new program
that has not been authorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not apply
to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through the
Administrator for Nuclear Security, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later
than 30 days after such transfer occurs.
472
(e) DEFINITIONS.—In this section:
(1) The term ‘‘program’’ means, with respect to
a national security laboratory or nuclear weapons
production facility, any of the following:
(A) A program referred to or listed in para-
graph (1) of section 3101.
(B) A program not described in subpara-
graph (A) that is for weapons production or
weapons component production of the National
Nuclear Security Administration that is being
carried out by the laboratory or facility, and for
which weapons activities funds have been author-
ized and appropriated before the date of the en-
actment of this Act.
(2) The term ‘‘weapons activities funds’’ means
funds appropriated to the Department of Energy pur-
suant to an authorization for weapons activities of
the National Nuclear Security Administration in car-
rying out programs necessary for national security.
(3) The terms ‘‘national security laboratory’’
and ‘‘nuclear weapons production facility’’ have the
meanings given such terms in section 3281 of the Na-
tional Nuclear Security Administration Act (title
XXXII of Public Law 106–65; 113 Stat. 968; 50
U.S.C. 2471).
473
(f) DURATION OF AUTHORITY.—The heads of the na-
tional security laboratories and nuclear weapons produc-
tion facilities may exercise the authority provided under
subsection (a) during fiscal year 2002.
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. TERMINATION DATE OF OFFICE OF RIVER PRO-
TECTION, RICHLAND, WASHINGTON.
Subsection (f) of section 3139 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105–261; 112 Stat. 2250), as amended by sec-
tion 3141 of the Floyd D. Spence National Defense Author-
ization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106–398; 114 Stat. 1654A–462), is amended
to read as follows:
‘‘(f) TERMINATION.—(1) The Office shall terminate on
the later to occur of the following dates:
‘‘(A) September 30, 2010.
‘‘(B) The date on which the Assistant Secretary
of Energy for Environmental Management deter-
mines, in consultation with the head of the Office,
that continuation of the Office is no longer necessary
to carry out the responsibilities of the Department of
Energy under the Tri-Party Agreement.
474
‘‘(2) The Assistant Secretary shall notify, in writing,
the committees referred to in subsection (d) of a determina-
tion under paragraph (1).
‘‘(3) In this subsection, the term ‘Tri-Party Agreement’
means the Hanford Federal Facility Agreement and Con-
sent Order entered into among the Department of Energy,
the Environmental Protection Agency, and the State of
Washington Department of Ecology.’’.
SEC. 3132. ORGANIZATIONAL MODIFICATIONS FOR NA-
TIONAL NUCLEAR SECURITY ADMINISTRA-
TION.
(a) ESTABLISHMENT OF PRINCIPAL DEPUTY ADMINIS-
TRATOR.—(1) Subtitle A of the National Nuclear Security
Administration Act is amended by inserting after section
3213 (50 U.S.C. 2403) the following new section:
‘‘SEC. 3213A. PRINCIPAL DEPUTY ADMINISTRATOR.
‘‘(a) IN GENERAL.—(1) There is in the Administration
a Principal Deputy Administrator, who is appointed by the
President, by and with the advice and consent of the Senate.
‘‘(2) The Principal Deputy Administrator shall be ap-
pointed from among persons who—
‘‘(A) have extensive background in national secu-
rity, organizational management, and appropriate
technical fields; and
475
‘‘(B) are well qualified to manage the nuclear
weapons, nonproliferation, and materials disposition
programs of the Administration in a manner that ad-
vances and protects the national security of the
United States.
‘‘(b) DUTIES.—Subject to the authority, direction, and
control of the Administrator, the Principal Deputy Admin-
istrator shall perform such duties and exercise such powers
as the Administrator may prescribe, including the coordi-
nation of activities among the elements of the Administra-
tion. The Principal Deputy Administrator shall act for,
and exercise the powers of, the Administrator when the Ad-
ministrator is disabled or the position of Administrator is
vacant.’’.
(2) The table of contents preceding section 3201 of such
Act is amended by inserting after the item relating to sec-
tion 3213 the following new item:
‘‘Sec. 3213A. Principal Deputy Administrator.’’
(3) Section 5315 of title 5, United States Code, is
amended—
(A) by inserting before the item relating to Dep-
uty Administrators of the National Nuclear Security
Administration the following new item:
‘‘Principal Deputy Administrator, National Nu-
clear Security Administration.’’; and
476
(B) by inserting ‘‘Additional’’ before ‘‘Deputy
Administrators of the National Nuclear Security Ad-
ministration’’.
(b) ELIMINATION OF REQUIREMENT THAT NATIONAL
SECURITY LABORATORIES AND NUCLEAR WEAPONS PRO-
DUCTION FACILITIES REPORT TO DEPUTY ADMINISTRATOR
FOR DEFENSE PROGRAMS.—Section 3214 of the National
Nuclear Security Administration Act (50 U.S.C. 2404) is
amended by striking subsection (c).
(c) REPEAL
OF DUPLICATIVE PROVISION.—Section
3245 of the National Nuclear Security Administration Act
(50 U.S.C. 2443) is repealed.
SEC. 3133. CONSOLIDATION OF NUCLEAR CITIES INITIA-
TIVE PROGRAM WITH INITIATIVES FOR PRO-
LIFERATION PREVENTION PROGRAM.
The Administrator for Nuclear Security shall consoli-
date the Nuclear Cities Initiative program with the Initia-
tives for Proliferation Prevention program under a single
management line. The consolidation shall be completely ac-
complished not later than July 1, 2002.
SEC. 3134. DISPOSITION OF SURPLUS DEFENSE PLUTONIUM
AT SAVANNAH RIVER SITE, AIKEN, SOUTH
CAROLINA.
(a) CONSULTATION REQUIRED.—The Secretary of En-
ergy shall consult with the Governor of the State of South
477
Carolina regarding any decisions or plans of the Secretary
related to the disposition of surplus defense plutonium lo-
cated at the Savannah River Site, Aiken, South Carolina,
including the plan required by subsection (b).
(b) PLAN FOR DISPOSITION.—Not later than February
1, 2002, the Secretary shall submit to Congress a plan for
disposal of the surplus defense plutonium currently located
at the Savannah River Site and for disposal of defense plu-
tonium and defense plutonium materials to be shipped to
the Savannah River Site in the future. The plan shall re-
view each option considered for such disposal, identify the
preferred option, and state the cost of construction and op-
eration of the facilities required by the Department of Ener-
gy’s Record of Decision for the Storage and Disposition of
Weapons-Usable Fissile Materials Final Programmatic En-
vironmental Impact Statement dated January 14, 1997.
The plan shall also specify a schedule for the expeditious
construction of such facilities, including milestones, and a
firm schedule for funding the cost of such facilities. The
plan shall specify, in addition, the means by which all such
plutonium will be removed in a timely manner from the
Savannah River Site for storage or disposal elsewhere.
(c) REQUIREMENT FOR ALTERNATIVE DISPOSITION.—
If the Secretary determines that proceeding with construc-
tion of the Plutonium Immobilization Plant at the Savan-