I
103D CONGRESS
1ST SESSION
H. R. 202
To require the Secretary of Defense to protect areas of exceptional natural
or historic character during the process of closing or realigning a military
installation.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. JACOBS introduced the following bill; which was referred to the Committee
on Armed Services
A BILL
To require the Secretary of Defense to protect areas of
exceptional natural or historic character during the proc-
ess of closing or realigning a military installation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROTECTION OF NATURAL AND HISTORIC FEA-
TURES OF CLOSED OR REALIGNED MILITARY
INSTALLATIONS.
(a) PROPERTY AT BASES CLOSED OR REALIGNED
UNDER EXISTING SPECIAL BASE CLOSURE LAWS.—(1)
Section 204(b)(3) of the Defense Authorization Amend-
ments and Base Closure and Realignment Act (Public
Law 100–526; 10 U.S.C. 2687 note) is amended to read
as follows:
‘‘(3)(A) Before any action is taken with respect to
the disposal or transfer of any real property or facility
located at a military installation to be closed or realigned
under this title, the Secretary shall identify all areas and
facilities at the installation that are of exceptional natural
or historic character. The identification of such areas and
facilities shall be made in consultation with the Secretary
of the Interior and the Secretary of Agriculture.
‘‘(B) Areas and facilities at a military installation
identified under subparagraph (A) as being of exceptional
natural or historic character shall be transferred by the
Secretary to the Secretary of the Interior for inclusion in
the National Park System, at the request of the Secretary
of the Interior, or to the Secretary of Agriculture for inclu-
sion in the National Forest System, at the request of the
Secretary of Agriculture. The transfer shall be made with-
out reimbursement.
‘‘(C) In the absence of a request under subparagraph
(B) for a particular area or facility, the Secretary shall
transfer the area or facility to the State or local govern-
ment in which the area or facility is located if the State
or local government agrees to maintain and preserve the
area or facility involved as a park, historic site, or other
recreational site. The transfer shall be made without reim-
bursement.
‘‘(D) After satisfying the requirements of subpara-
graphs (A), (B), and (C), the Secretary shall notify all
departments and other instrumentalities (including
nonappropriated fund instrumentalities) within the De-
partment of Defense of the availability of any remaining
property or facility and may transfer, without reimburse-
ment, the property or facility to any such department or
instrumentality. However, the Secretary shall give a prior-
ity, and shall transfer, to any such department or other
instrumentality that agrees to pay fair market value for
the property or facility. For purposes of this subpara-
graph, fair market value shall be determined on the basis
of the use of the property or facility on December 31,
1988.
‘‘(E) This paragraph shall take precedence over any
other provision of this title or other provision of law with
respect to the disposal or transfer of real property or facil-
ity located at a military installation to be closed or re-
aligned under this title.’’.
(2) Section 2905(b)(2) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note) is amended—
(A) by striking subparagraph (D);
(B) by redesignating subparagraph (E) as sub-
paragraph (H); and
(C) by inserting after subparagraph (C) the fol-
lowing new subparagraphs:
‘‘(D) Before any action is taken with respect to the
disposal or transfer of any real property or facility located
at a military installation to be closed or realigned under
this part, the Secretary shall identify all areas and facili-
ties at the installation that are of exceptional natural or
historic character. The identification of such areas and fa-
cilities shall be made in consultation with the Secretary
of the Interior, the Secretary of Agriculture, and the per-
sons specified in subparagraph (H).
‘‘(E) Areas and facilities at a military installation
identified under subparagraph (D) as being of exceptional
natural or historic character shall be transferred by the
Secretary to the Secretary of the Interior for inclusion in
the National Park System, at the request of the Secretary
of the Interior, or to the Secretary of Agriculture for inclu-
sion in the National Forest System, at the request of the
Secretary of Agriculture. The transfer shall be made with-
out reimbursement.
‘‘(F) In the absence of a request under subparagraph
(E) for a particular area or facility, the Secretary shall
transfer the area or facility to the State or local govern-
ment in which the area or facility is located if the State
or local government agrees to maintain and preserve the
area or facility involved as a park, historic site, or other
recreational site. The transfer shall be made without reim-
bursement.
‘‘(G) After satisfying the requirements of subpara-
graphs (D), (E), and (F), the Secretary shall notify all
departments and other entities (including nonappropriated
fund instrumentalities) within the Department of Defense
and the Coast Guard of the availability of the property
or facility and may transfer, with or without reimburse-
ment, the property or facility to any such department or
instrumentality.’’.
(b) DISPOSAL OR TRANSFER OF PROPERTY UNDER
OTHER AUTHORITY.—(1) Before any action is taken with
respect to the disposal or transfer of any real property
or facility located at a military installation to be closed
or realigned under any law (other than title II of the De-
fense Authorization Amendments and Base Closure and
Realignment Act or the Defense Base Closure and Re-
alignment Act of 1990), the Secretary of Defense shall
identify all areas and facilities at the installation that are
of exceptional natural or historic character. The identifica-
tion of such areas and facilities shall be made in consulta-
tion with the Secretary of the Interior and the Secretary
of Agriculture.
(2) Areas and facilities at a military installation iden-
tified under paragraph (1) as being of exceptional natural
or historic character shall be transferred by the Secretary
of Defense to the Secretary of the Interior for inclusion
in the National Park System, at the request of the Sec-
retary of the Interior, or to the Secretary of Agriculture
for inclusion in the National Forest System, at the request
of the Secretary of Agriculture. The transfer shall be made
without reimbursement.
(3) In the absence of a request under paragraph (2)
for a particular area or facility, the Secretary shall trans-
fer the area or facility to the State or local government
in which the area or facility is located if the State or local
government agrees to maintain and preserve the area or
facility involved as a park, historic site, or other rec-
reational site. The transfer shall be made without reim-
bursement.
Æ