H. R. 2401—366
‘‘(III) twenty-four months after the date of approval of
the closure of the installation; or
‘‘(IV) ninety days before the date of the closure of the
installation.
‘‘(ii) The activities referred to in clause (i) are activities relating
to the closure of an installation to be closed under this part as
follows:
‘‘(I) The transfer from the installation of items of personal
property at the installation identified in accordance with
subparagraph (A).
‘‘(II) The reduction in maintenance and repair of facilities
or equipment located at the installation below the minimum
levels required to support the use of such facilities or equipment
for nonmilitary purposes.
‘‘(D) Except as provided in paragraph (4), the Secretary may
not transfer items of personal property located at an installation
to be closed under this part to another installation, or dispose
of such items, if such items are identified in the redevelopment
plan for the installation as items essential to the reuse or redevelop-
ment of the installation.
‘‘(E) This paragraph shall not apply to any personal property
located at an installation to be closed under this part if the
property—
‘‘(i) is required for the operation of a unit, function, compo-
nent, weapon, or weapons system at another installation;
‘‘(ii) is uniquely military in character, and is likely to
have no civilian use (other than use for its material content
or as a source of commonly used components);
‘‘(iii) is not required for the reutilization or redevelopment
of the installation (as jointly determined by the Secretary and
the redevelopment authority);
‘‘(iv) is stored at the installation for purposes of distribution
(including spare parts or stock items); or
‘‘(v)(I) meets known requirements of an authorized program
of another Federal department or agency for which expenditures
for similar property would be necessary, and (II) is the subject
of a written request by the head of the department or agency.
‘‘(F) Notwithstanding subparagraphs (C)(i) and (D), the Sec-
retary may carry out any activity referred to in subparagraph
(C)(ii) or (D) if the Secretary determines that the carrying out
of such activity is in the national security interest of the United
States.’’.
(c) APPLICABILITY.—For the purposes of section 2905(b)(3) of
the Defense Base Closure and Realignment Act of 1990, as added
by subsection (b), the date of approval of closure of any installation
approved for closure before the date of the enactment of this Act
shall be deemed to be the date of the enactment of this Act.
SEC. 2903. AUTHORITY 
TO 
TRANSFER 
PROPERTY 
AT 
CLOSED
INSTALLATIONS 
TO 
AFFECTED 
COMMUNITIES 
AND
STATES.
(a) AUTHORITY UNDER 1988 ACT.—Section 204(b) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(title II of Public Law 100–526; 10 U.S.C. 2687 note), as amended
by section 2902(a), is further amended by adding after paragraph
(3), as so added, the following:
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H. R. 2401—367
‘‘(4)(A) The Secretary may transfer real property and personal
property located at a military installation to be closed under this
title to the redevelopment authority with respect to the installation.
‘‘(B)(i)(I) Except as provided in clause (ii), the transfer of prop-
erty under subparagraph (A) may be for consideration at or below
the estimated fair market value of the property transferred or
without consideration. Such consideration may include consider-
ation in kind (including goods and services), real property and
improvements, or such other consideration as the Secretary consid-
ers appropriate. The Secretary shall determine the estimated fair
market value of the property to be transferred under this subpara-
graph before carrying out such transfer.
‘‘(II) The Secretary shall prescribe regulations that set forth
guidelines for determining the amount, if any, of consideration
required for a transfer under this paragraph. Such regulations
shall include a requirement that, in the case of each transfer
under this paragraph for consideration below the estimated fair
market value of the property transferred, the Secretary provide
an explanation why the transfer is not for the estimated fair market
value of the property transferred (including an explanation why
the transfer cannot be carried out in accordance with the authority
provided to the Secretary pursuant to paragraph (1) or (2)).
‘‘(ii) The transfer of property under subparagraph (A) shall
be without consideration in the case of any installation located
in a rural area whose closure under this title will have a substantial
adverse impact (as determined by the Secretary) on the economy
of the communities in the vicinity of the installation and on the
prospect for the economic recovery of such communities from such
closure. The Secretary shall prescribe in the regulations under
clause (i)(II) the manner of determining whether communities are
eligible for the transfer of property under this clause.
‘‘(iii) In the case of a transfer under subparagraph (A) for
consideration below the fair market value of the property trans-
ferred, the Secretary may recoup from the transferee of such prop-
erty such portion as the Secretary determines appropriate of the
amount, if any, by which the sale or lease of such property by
such transferee exceeds the amount of consideration paid to the
Secretary for such property by such transferee. The Secretary shall
prescribe regulations for determining the amount of recoupment
under this clause.
‘‘(C)(i) The transfer of personal property under subparagraph
(A) shall not be subject to the provisions of sections 202 and 203
of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 483, 484) if the Secretary determines that the transfer
of such property is necessary for the effective implementation of
a redevelopment plan with respect to the installation at which
such property is located.
‘‘(ii) The Secretary may, in lieu of the transfer of property
referred to in subparagraph (A), transfer personal property similar
to such property (including property not located at the installation)
if the Secretary determines that the transfer of such similar prop-
erty is in the interest of the United States.
‘‘(D) The provisions of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)) shall apply to any transfer of real property
under this paragraph.
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H. R. 2401—368
‘‘(E) The Secretary may require any additional terms and condi-
tions in connection with a transfer under this paragraph as such
Secretary considers appropriate to protect the interests of the
United States.’’.
(b) AUTHORITY
UNDER
1990 ACT.—Section 2905(b) 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), as amended
by section 2902(b), is further amended by adding at the end the
following:
‘‘(4)(A) The Secretary may transfer real property and personal
property located at a military installation to be closed under this
part to the redevelopment authority with respect to the installation.
‘‘(B)(i)(I) Except as provided in clause (ii), the transfer of prop-
erty under subparagraph (A) may be for consideration at or below
the estimated fair market value of the property transferred or
without consideration. Such consideration may include consider-
ation in kind (including goods and services), real property and
improvements, or such other consideration as the Secretary consid-
ers appropriate. The Secretary shall determine the estimated fair
market value of the property to be transferred under this subpara-
graph before carrying out such transfer.
‘‘(II) The Secretary shall prescribe regulations that set forth
guidelines for determining the amount, if any, of consideration
required for a transfer under this paragraph. Such regulations
shall include a requirement that, in the case of each transfer
under this paragraph for consideration below the estimated fair
market value of the property transferred, the Secretary provide
an explanation why the transfer is not for the estimated fair market
value of the property transferred (including an explanation why
the transfer cannot be carried out in accordance with the authority
provided to the Secretary pursuant to paragraph (1) or (2)).
‘‘(ii) The transfer of property under subparagraph (A) shall
be without consideration in the case of any installation located
in a rural area whose closure under this part will have a substantial
adverse impact (as determined by the Secretary) on the economy
of the communities in the vicinity of the installation and on the
prospect for the economic recovery of such communities from such
closure. The Secretary shall prescribe in the regulations under
clause (i)(II) the manner of determining whether communities are
eligible for the transfer of property under this clause.
‘‘(iii) In the case of a transfer under subparagraph (A) for
consideration below the fair market value of the property trans-
ferred, the Secretary may recoup from the transferee of such prop-
erty such portion as the Secretary determines appropriate of the
amount, if any, by which the sale or lease of such property by
such transferee exceeds the amount of consideration paid to the
Secretary for such property by such transferee. The Secretary shall
prescribe regulations for determining the amount of recoupment
under this clause.
‘‘(C)(i) The transfer of personal property under subparagraph
(A) shall not be subject to the provisions of sections 202 and 203
of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 483, 484) if the Secretary determines that the transfer
of such property is necessary for the effective implementation of
a redevelopment plan with respect to the installation at which
such property is located.
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H. R. 2401—369
‘‘(ii) The Secretary may, in lieu of the transfer of property
referred to in subparagraph (A), transfer property similar to such
property (including property not located at the installation) if the
Secretary determines that the transfer of such similar property
is in the interest of the United States.
‘‘(D) The provisions of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)) shall apply to any transfer of real property
under this paragraph.
‘‘(E) The Secretary may require any additional terms and condi-
tions in connection with a transfer under this paragraph as such
Secretary considers appropriate to protect the interests of the
United States.’’.
(c) CONSIDERATION OF ECONOMIC NEEDS.—In order to maximize
the local and regional benefit from the reutilization and redevelop-
ment of military installations that are closed, or approved for clo-
sure, pursuant to the operation of a base closure law, the Secretary
of Defense shall consider locally and regionally delineated economic
development needs and priorities into the process by which the
Secretary disposes of real property and personal property as part
of the closure of a military installation under a base closure law.
In determining such needs and priorities, the Secretary shall take
into account the redevelopment plan developed for the military
installation involved. The Secretary shall ensure that the needs
of the homeless in the communities affected by the closure of
such installations are taken into consideration in the redevelopment
plan with respect to such installations.
(d) COOPERATION.—The Secretary of Defense shall cooperate
with the State in which a military installation referred to in sub-
section (c) is located, with the redevelopment authority with respect
to the installation, and with local governments and other interested
persons in communities located near the installation in implement-
ing the entire process of disposal of the real property and personal
property at the installation.
SEC. 2904. EXPEDITED DETERMINATION OF TRANSFERABILITY OF
EXCESS PROPERTY OF INSTALLATIONS TO BE CLOSED.
(a) DETERMINATIONS UNDER 1988 ACT.—Section 204(b) of the
Defense Authorization Amendments and Base Closure and Realign-
ment Act (title II of Public Law 100–526; 10 U.S.C. 2687 note),
as amended by section 2903(a), is further amended by adding after
paragraph (4), as so added, the following:
‘‘(5)(A) Except as provided in subparagraph (B), the Secretary
shall take such actions as the Secretary determines necessary to
ensure that final determinations under subsection (b)(1) regarding
whether another department or agency of the Federal Government
has identified a use for any portion of a military installation to
be closed under this title after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1994, or will
accept transfer of any portion of such installation, are made not
later than 6 months after such date of enactment.
‘‘(B) The Secretary may, in consultation with the redevelopment
authority with respect to an installation, postpone making the
final determinations referred to in subparagraph (A) with respect
to the installation for such period as the Secretary determines
appropriate if the Secretary determines that such postponement
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