[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 202 Introduced in House (IH)]

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 process of closing or 
                  realigning a military installation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROTECTION OF NATURAL AND HISTORIC FEATURES 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 
Amendments 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 
inclusion in the National Forest System, at the request of the 
Secretary of Agriculture. The transfer shall be made without 
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 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 recreational site. The transfer shall be made without 
reimbursement.
    ``(D) After satisfying the requirements of subparagraphs (A), (B), 
and (C), the Secretary shall notify all departments and other 
instrumentalities (including nonappropriated fund instrumentalities) 
within the Department of Defense of the availability of any remaining 
property or facility and may transfer, without reimbursement, the 
property or facility to any such department or instrumentality. 
However, the Secretary shall give a priority, 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 
subparagraph, 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 facility located at a military 
installation to be closed or realigned 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 subparagraph (H); 
        and
            (C) by inserting after subparagraph (C) the following 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 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, the Secretary of Agriculture, and the persons 
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 
inclusion in the National Forest System, at the request of the 
Secretary of Agriculture. The transfer shall be made without 
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 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 recreational site. The transfer shall be made without 
reimbursement.
    ``(G) After satisfying the requirements of subparagraphs (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 reimbursement, 
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 Defense 
Authorization Amendments and Base Closure and Realignment Act or the 
Defense Base Closure and Realignment 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 
identification of such areas and facilities shall be made in 
consultation with the Secretary of the Interior and the Secretary of 
Agriculture.
    (2) Areas and facilities at a military installation identified 
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 Secretary 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 transfer 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 recreational site. The transfer shall be made without 
reimbursement.

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