[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1061 Placed on Calendar Senate (PCS)]
Calendar No. 116
106th CONGRESS
1st Session
S. 1061
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2000 for military
construction, and for other purposes.
_______________________________________________________________________
May 17 (legislative day, May 14), 1999
Read twice and placed on the calendar
Calendar No. 116
106th CONGRESS
1st Session
S. 1061
To authorize appropriations for fiscal year 2000 for military
construction, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17 (legislative day, May 14), 1999
Mr. Warner, from the Committee on Armed Services, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2000 for military
construction, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Construction Authorization
Act for Fiscal Year 2000''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Technical modification of authority relating to certain
fiscal year 1997 project.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Military family housing improvement program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year
1997 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1996
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Program Changes
Sec. 2801. Exemption from notice and wait requirements of military
construction projects supported by
burdensharing funds undertaken for war or
national emergency.
Sec. 2802. Prohibition on carrying out military construction projects
funded using incremental funding.
Sec. 2803. Defense Chemical Demilitarization Construction Account.
Sec. 2804. Limitation on authority regarding ancillary supporting
facilities under alternative authority for
acquisition and construction of military
housing.
Sec. 2805. Availability of funds for planning and design in connection
with acquisition of reserve component
facilities.
Sec. 2806. Modification of limitations on reserve component facility
projects for certain safety projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Extension of authority for leases of property for special
operations activities.
Sec. 2812. Enhancement of authority relating to utility privatization.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Conveyance of property at installations closed or realigned
under the base closure laws without
consideration for economic redevelopment
purposes.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Land conveyance, Army Reserve Center, Bangor, Maine.
Part II--Navy Conveyances
Sec. 2841. Clarification of land exchange, Naval Reserve Readiness
Center, Portland, Maine.
Sec. 2842. Land conveyance, Newport, Rhode Island.
Sec. 2843. Land conveyance, Naval Weapons Industrial Reserve Plant No.
387, Dallas, Texas.
Part III--Air Force Conveyances
Sec. 2851. Land conveyance, McClellan Nuclear Radiation Center,
California.
Sec. 2852. Land conveyance, Newington Defense Fuel Supply Point, New
Hampshire.
Subtitle E--Other Matters
Sec. 2861. Acquisition of State-held inholdings, East Range of Fort
Huachuca, Arizona.
Sec. 2862. Development of Ford Island, Hawaii.
TITLE XXIX--RENEWAL OF MILITARY LAND WITHDRAWALS
Sec. 2901. Short title.
Sec. 2902. Withdrawals.
Sec. 2903. Maps and legal descriptions.
Sec. 2904. Management of withdrawn lands.
Sec. 2905. Special wildlife rules on Barry M. Goldwater Range.
Sec. 2906. Establishment of national park in Barry M. Goldwater Range.
Sec. 2907. Land management analysis.
Sec. 2908. Ongoing environmental restoration.
Sec. 2909. Relinquishment.
Sec. 2910. Delegability.
Sec. 2911. Water rights.
Sec. 2912. Hunting, fishing, and trapping.
Sec. 2913. Mining and mineral leasing.
Sec. 2914. Immunity of United States.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on National Security and the Committee on
Appropriations of the House of Representatives.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army 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:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alaska....................... Fort Richardson.......... $14,600,000
Fort Wainwright.......... $34,800,000
Arkansas..................... Pine Bluff Arsenal....... $18,000,000
California................... Fort Irwin............... $13,400,000
Colorado..................... Peterson Air Force Base.. $25,000,000
District of Columbia......... Fort McNair.............. $1,250,000
Walter Reed Medical $6,800,000
Center.
Georgia...................... Fort Benning............. $48,400,000
Fort Stewart............. $19,000,000
Fort Stewart/Hunter Army $7,000,000
Air Field.
Hunter Army Air Field.... $7,200,000
Hawaii....................... Schofield Barracks....... $95,000,000
Kansas....................... Fort Leavenworth......... $34,100,000
Fort Riley............... $27,000,000
Kentucky..................... Blue Grass Army Depot.... $17,000,000
Fort Campbell............ $56,900,000
Maryland..................... Fort Meade............... $22,450,000
Massachusetts................ Westover Air Force $4,000,000
Reserve Base.
Missouri..................... Fort Leonard Wood........ $10,600,000
Nevada....................... Hawthorne Army Depot..... $1,700,000
New Jersey................... Fort Monmouth............ $11,800,000
North Carolina............... Fort Bragg............... $125,400,000
Military Ocean Terminal $3,800,000
Sunny Point.
Oklahoma..................... Fort Sill................ $13,200,000
McAlester Army Ammunition $16,600,000
Pennsylvania................. Carlisle Barracks........ $5,000,000
Letterkenny Army Depot... $3,650,000
South Carolina............... Fort Jackson............. $7,400,000
Texas........................ Fort Bliss............... $50,400,000
Fort Hood................ $68,000,000
Virginia..................... Fort Belvoir............. $3,850,000
Fort Eustis.............. $39,000,000
Fort Myer................ $2,900,000
Washington................... Fort Lewis............... $6,200,000
Yakima Training Center... $17,200,000
CONUS Various................ CONUS Various............ $36,400,000
---------------
Total:............... $875,000,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ansbach................ $21,000,000
Area Support Group $23,200,000
Bamberg.
Mannheim............... $4,500,000
Korea.......................... Camp Casey............. $31,000,000
Camp Howze............. $3,050,000
Camp Stanley........... $3,650,000
---------------
Total:............. $86,400,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition) at the installation,
for the purpose, and in the amount set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Camp Humphreys........... 60 Units..................... $24,000,000
---------------
Total:................... $24,000,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $4,300,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $32,600,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1999, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $2,194,333,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $736,708,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $86,400,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $9,500,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $83,414,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $61,531,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,098,080,000.
(6) For the construction of the United States Disciplinary
Barracks, Phase III, Fort Leavenworth, Kansas, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 1998 (division B of Public Law 105-85; 111
Stat. 1966), $18,800,000.
(7) For the construction of the Whole Barracks Complex
Renewal, Fort Campbell, Kentucky, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105-261; 112 Stat. 2182),
$4,800,000.
(8) For the construction of the Multi-Purpose Digital
Training Range, Fort Knox, Kentucky, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1999, $2,400,000.
(9) For the construction of the Cadet Development Center,
United States Military Academy, West Point, New York,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1999, $28,500,000.
(10) For the construction of the Force XXI Soldier
Development Center, Fort Hood, Texas, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1999, $14,000,000.
(11) For the construction of the Railhead Facility, Fort
Hood, Texas, authorized by section 2101(a) of the Military
Construction Authorization Act of Fiscal Year 1999,
$14,800,000.
(12) For the construction of the Power Plant, Roi Namur
Island, Kwajalein Atoll, Kwajalein, authorized by section
2101(b) of the Military Construction Authorization Act for
Fiscal Year 1999 (112 Stat. 2183), $35,400,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized 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 2101 of this
Act may not exceed--
(1) the total amount authorized to be appropriated pursuant
to paragraphs (1) and (2) of subsection (a);
(2) $80,800,000 (the balance of the amount authorized under
section 2101(a) for the construction of the whole barracks
complex renewal at Schofield Barracks, Hawaii); and
(3) $57,492,000 (the balance of the amount authorized under
section 2101(a) for the construction of the whole barracks
complex renewal at Fort Bragg, North Carolina).
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy 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:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $17,020,000
Station, Yuma.
Navy Detachment, Camp $7,560,000
Navajo.
California..................... Marine Corps Air-Ground $34,760,000
Combat Center,
Twentynine Palms.
Marine Corps Base, Camp $31,660,000
Pendleton.
Marine Corps Logistics $4,670,000
Base, Barstow.
Marine Corps Recruit $3,200,000
Depot, San Diego.
Naval Air Station, $24,020,000
Lemoore.
Naval Air Station, $54,420,000
North Island.
Naval Hospital, San $21,590,000
Diego.
Naval Hospital, $7,640,000
Twentynine Palms.
Florida........................ Naval Air Station, $4,750,000
Whiting Field, Milton.
Georgia........................ Marine Corps Logistics $6,260,000
Base, Albany.
Naval Air Station, $5,430,000
Atlanta.
Hawaii......................... Camp H.M. Smith........ $86,050,000
Marine Corps Air $5,790,000
Station, Kaneohe Bay.
Naval Shipyard, Pearl $10,610,000
Harbor.
Naval Station, Pearl $18,600,000
Harbor.
Naval Submarine Base, $29,460,000
Pearl Harbor.
Idaho.......................... Naval Surface Warfare $10,040,000
Center, Bayview.
Illinois....................... Naval Training Center, $57,290,000
Great Lakes.
Maine.......................... Naval Air Station, $16,890,000
Brunswick.
Maryland....................... Naval Surface Warfare $10,070,000
Center, Indian Head.
Mississippi.................... Naval Construction $19,170,000
Battalion Center,
Gulfport.
New Jersey..................... Naval Air Warfare $15,710,000
Center Aircraft
Division, Lakehurst.
North Carolina................. Marine Corps Air $5,470,000
Station, New River.
Marine Corps Base, Camp $21,380,000
LeJeune.
Pennsylvania................... Navy Ships Parts $2,990,000
Control Center,
Mechanicsburg.
Naval Shipyard, $13,320,000
Philadelphia.
South Carolina................. Naval Weapons Station, $7,640,000
Charleston.
Marine Corps Air $10,490,000
Station, Beaufort.
Virginia....................... Marine Corps Combat $20,820,000
Development Command,
Quantico.
Naval Air Station, $11,490,000
Oceana.
Naval Shipyard, $17,630,000
Norfolk, Portsmouth.
Naval Station, Norfolk. $69,550,000
Naval Weapons Station, $25,040,000
Yorktown.
Tactical Training Group $10,310,000
Atlantic, Dam Neck.
Washington..................... Naval Ordnance Center $3,440,000
Pacific Division
Detachment, Port
Hadlock.
Puget Sound Naval $15,610,000
Shipyard, Bremerton.
Strategic Weapons $6,300,000
Facility Pacific,
Bremerton.
---------------
Total:............. $744,140,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Administrative Support $83,090,000
Unit.
Diego Garcia................... Naval Support Facility, $8,150,000
Diego Garcia.
Greece......................... Naval Support Activity, $6,380,000
Souda Bay.
Italy.......................... Naval Support Activity, $26,750,000
Naples.
---------------
Total:............. $124,370,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Marine Corps Air Station, 100 Units.................... $17,000,000
Yuma.
Hawaii................................ Marine Corps Air Station, 100 Units.................... $26,615,000
Kaneohe Bay.
Marine Corps Base, 84 Units..................... $22,639,000
Kaneohe Bay.
Naval Base, Pearl Harbor. 96 Units..................... $19,167,000
Naval Base, Pearl Harbor. 96 Units..................... $19,167,000
---------------
Total:................... $115,589,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $17,715,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $165,050,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1999, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $2,078,015,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $673,960,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $124,370,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,342,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $66,229,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $298,354,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $895,070,000.
(6) For construction of the Berthing Wharf (Increment II),
Naval Station Norfolk, Virginia, authorized by section 2201(a)
of the Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105-261; 112 Stat. 2186),
$12,690,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized 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 2201 of this
Act may not exceed--
(1) the total amount authorized to be appropriated pursuant
to paragraphs (1) and (2) of subsection (a); and
(2) $70,180,000 (the balance of the amount authorized under
section 2201(a) for the construction of the Commander-in-Chief
Headquarters, Pacific Command, Camp H. M. Smith, Hawaii).
SEC. 2205. TECHNICAL MODIFICATION OF AUTHORITY RELATING TO CERTAIN
FISCAL YEAR 1997 PROJECT.
The table in section 2202(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2768) is amended in the item relating to Naval Air
Station Brunswick, Maine, by striking ``92 Units'' in the purpose
column and inserting ``72 Units''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force 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:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $10,600,000
Alaska......................... Eielson Air Force Base. $24,100,000
Elmendorf Air Force $42,300,000
Base.
Arizona........................ Davis-Monthan Air Force $7,800,000
Base.
California..................... Beale Air Force Base... $8,900,000
Travis Air Force Base.. $7,500,000
Colorado....................... Peterson Air Force Base $33,000,000
Schriever Air Force $9,400,000
Base.
United States Air Force $17,500,000
Academy.
Delaware....................... Dover Air Force Base... $12,000,000
Florida........................ Eglin Air Force Base... $13,600,000
Eglin Auxiliary Field 9 $18,800,000
MacDill Air Force Base. $5,500,000
Patrick Air Force Base. $17,800,000
Georgia........................ Fort Benning........... $3,900,000
Moody Air Force Base... $3,200,000
Robins Air Force Base.. $3,350,000
Hawaii......................... Hickam Air Force Base.. $3,300,000
Idaho.......................... Mountain Home Air Force $17,000,000
Base.
Kansas......................... McConnell Air Force $10,963,000
Base.
Kentucky....................... Fort Campbell.......... $6,300,000
Maryland....................... Andrews Air Force Base. $9,900,000
Massachusetts.................. Hanscom Air Force Base. $16,000,000
Mississippi.................... Columbus Air Force Base $2,600,000
Keesler Air Force Base. $35,900,000
Missouri....................... Whiteman Air Force Base $24,900,000
Montana........................ Malmstrom Air Force $11,600,000
Base.
Nebraska....................... Offutt Air Force Base.. $8,300,000
Nevada......................... Nellis Air Force Base.. $18,600,000
New Jersey..................... McGuire Air Force Base. $11,800,000
New York....................... Rome Laboratory........ $12,800,000
North Carolina................. Fort Bragg............. $4,600,000
Pope Air Force Base.... $7,700,000
North Dakota................... Grand Forks Air Force $9,500,000
Base.
Ohio........................... Wright-Patterson Air $22,200,000
Force Base.
Oklahoma....................... Tinker Air Force Base.. $47,400,000
South Carolina................. Charleston Air Force $18,200,000
Base.
South Dakota................... Ellsworth Air Force $10,200,000
Base.
Tennessee...................... Arnold Air Force Base.. $7,800,000
Texas.......................... Dyess Air Force Base... $5,400,000
Lackland Air Force Base $13,400,000
Laughlin Air Force Base $3,250,000
Utah........................... Hill Air Force Base.... $4,600,000
Virginia....................... Langley Air Force Base. $6,300,000
Washington..................... Fairchild Air Force $13,600,000
Base.
McChord Air Force Base. $7,900,000
CONUS Classified............... Classified Location.... $16,870,000
---------------
Total:............. $628,133,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force 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:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Guam........................... Andersen Air Force Base $8,900,000
Italy.......................... Aviano Air Base........ $3,700,000
Korea.......................... Osan Air Base.......... $19,600,000
Portugal....................... Lajes Field, Azores.... $1,800,000
United Kingdom................. Ascension Island....... $2,150,000
Royal Air Force, $3,000,000
Feltwell.
Royal Air Force, $18,200,000
Lakenheath.
Royal Air Force, $17,600,000
Mildenhall.
Royal Air Force, $1,700,000
Molesworth.
---------------
Total:............. $76,650,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Davis-Monthan Air Force 64 Units..................... $10,000,000
Base.
California............................ Beale Air Force Base..... 60 Units..................... $8,500,000
Edwards Air Force Base... 188 Units.................... $32,790,000
Vandenberg Air Force Base 91 Units..................... $16,800,000
District of Columbia.................. Bolling Air Force Base... 72 Units..................... $9,375,000
Florida............................... Eglin Air Force Base..... 130 Units.................... $14,080,000
MacDill Air Force Base... 54 Units..................... $9,034,000
Mississippi........................... Columbus Air Force Base.. 100 Units.................... $12,290,000
Montana............................... Malmstrom Air Force Base. 34 Units..................... $7,570,000
Nebraska.............................. Offutt Air Force Base.... 72 Units..................... $12,352,000
New Mexico............................ Holloman Air Force Base.. 76 Units..................... $9,840,000
North Carolina........................ Seymour Johnson Air Force 78 Units..................... $12,187,000
Base.
North Dakota.......................... Grand Forks Air Force 42 Units..................... $10,050,000
Base.
Minot Air Force Base..... 72 Units..................... $10,756,000
Texas................................. Lackland Air Force Base.. 48 Units..................... $7,500,000
Portugal.............................. Lajes Field, Azores...... 75 Units..................... $12,964,000
---------------
Total:................... $196,088,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(5)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $17,471,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$129,952,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1999, for military
construction, land acquisition, and military family housing functions
of the Department of the Air Force in the total amount of
$1,917,191,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $628,133,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $76,650,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $8,741,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $38,264,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $343,511,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $821,892,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized 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 2301 of this
Act may not exceed $628,133,000.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2405(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
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Chemical Demilitarization Blue Grass Army Depot, $195,800,000
Program. Kentucky..............
Defense Education Activity..... Marine Corps Base, Camp $10,570,000
LeJeune, North
Carolina..............
Laurel Bay, South $2,874,000
Carolina..............
Defense Logistics Agency....... Eielson Air Force Base, $26,000,000
Alaska................
Defense Fuel Supply $23,500,000
Center, Elmendorf Air
Force Base, Alaska....
Defense Distribution $5,000,000
Supply Point, New
Cumberland,
Pennsylvania..........
Fairchild Air Force $12,400,000
Base, Washington......
Various Locations...... $8,900,000
Defense Manpower Data Center... Presidio, Monterey, $28,000,000
California............
National Security Agency....... Fort Meade, Maryland... $2,946,000
Special Operations Command..... Naval Amphibious Base, $6,000,000
Coronado, California..
Fort Benning, Georgia.. $10,200,000
Mississippi Army $12,900,000
Ammunition Plant,
Mississippi...........
Fort Bragg, North $20,100,000
Carolina..............
Fleet Combat Training $4,700,000
Center, Dam Neck,
Virginia..............
Tri-Care Management Agency..... Fort Wainwright, Alaska $133,000,000
Davis-Monthan Air Force $10,000,000
Base, Arizona.........
Los Angeles Air Force $13,600,000
Base, California......
Travis Air Force Base, $7,500,000
California............
Patrick Air Force Base, $1,750,000
Florida...............
Naval Air Station, $3,780,000
Jacksonville, Florida.
Naval Air Station, $4,300,000
Pensacola, Florida....
Moody Air Force Base, $1,250,000
Georgia...............
Fort Riley, Kansas..... $6,000,000
Andrews Air Force Base, $3,000,000
Maryland..............
Naval Air Station, $4,150,000
Patuxent River,
Maryland..............
Marine Corps Air $3,500,000
Station, Cherry Point,
North Carolina........
Wright-Patterson Air $3,900,000
Force Base, Ohio......
Fort Sam Houston, Texas $5,800,000
Cheatham Annex, $1,650,000
Virginia..............
Naval Air Station, $4,050,000
Norfolk, Virginia.....
Fort Lewis, Washington. $5,500,000
Naval Air Station, $4,700,000
Whidbey Island,
Washington............
---------------
Total:............. $587,320,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2405(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
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Andersen Air Force $44,170,000
Base, Guam............
Naval Station Rota, $17,020,000
Spain.................
Royal Air Force, $4,570,000
Feltwell, United
Kingdom...............
Royal Air Force, $3,770,000
Lakenheath, United
Kingdom...............
Defense Logistics Agency....... Andersen Air Force $24,300,000
Base, Guam............
Moron Air Base, Spain.. $15,200,000
National Security Agency....... Royal Air Force, $500,000
Menwith Hill Station,
United Kingdom........
Tri-Care Management Agency..... Naval Security Group $4,000,000
Activity, Sabana Seca,
Puerto Rico...........
Ramstein Air Force $7,100,000
Base, Germany.........
Yongsan, Korea......... $41,120,000
Royal Air Force, $7,100,000
Lakenheath, United
Kingdom...............
Defense-Wide................... Counterdrug Forward $4,880,000
Operating Location,
Antilles..............
Counterdrug Forward $6,726,000
Operating Location,
Costa Rica............
Counterdrug Forward $31,229,000
Operating Location,
Ecuador...............
---------------
Total:............. $211,685,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2405(a)(8)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $50,000.
SEC. 2403. MILITARY FAMILY HOUSING IMPROVEMENT PROGRAM.
Of the amount authorized to be appropriated pursuant to section
2405(a)(8)(C), $78,756,000 shall be available for credit to the
Department of Defense Family Housing Improvement Fund established by
section 2883(a)(1) of title 10, United States Code.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(6), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code, in the amount of $31,900,000.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1999, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments) in
the total amount of $1,842,582,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $288,320,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $211,685,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $18,618,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$938,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $33,664,000.
(6) For energy conservation projects authorized by section
2404, $31,900,000.
(7) For base closure and realignment activities as
authorized by 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), $892,911,000.
(8) For military family housing functions:
(A) For improvement of military family housing and
facilities, $50,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $41,440,000 of which not more than
$35,639,000 may be obligated or expended for the
leasing of military family housing units worldwide.
(C) For credit to the Department of Defense Family
Housing Improvement Fund as authorized by section 2403,
$78,756,000.
(9) For the construction of the Ammunition Demilitarization
Facility, Anniston Army Depot, Alabama, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1991 (division B of Public Law 101-510; Stat.
1758), $7,000,000.
(10) For the construction of the Ammunition
Demilitarization Facility, Pine Bluff Arsenal, Arkansas,
authorized by section 2401 of the Military 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 Authorization Act for Fiscal Year
1998 (division B of Public Law 105-85; 111 Stat. 1982), and
section 2406 of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat.
2197), $61,800,000.
(11) For the construction of the Ammunition
Demilitarization Facility, Umatilla Army Depot, Oregon,
authorized by section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995, as amended by section
2407 of the Military Construction Authorization Act for Fiscal
Year 1996, section 2408 of the Military Construction
Authorization Act for Fiscal Year 1998, and section 2406 of the
Military Construction Authorization Act for Fiscal Year 1999,
$35,900,000.
(12) For the construction of the Ammunition
Demilitarization Facility, Pueblo Chemical Activity, 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
this Act, $11,800,000.
(13) For the construction of the Ammunition
Demilitarization Facility, Newport Army Depot, Indiana,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (112 Stat. 2193),
$61,200,000.
(14) For the construction of the Ammunition
Demilitarization Facility, Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999, $66,600,000.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853 of title
10, United States Code, and any other cost variations authorized by
law, the total cost of all projects carried out under section 2401 of
this Act may not exceed--
(1) the total amount authorized to be appropriated pursuant
to paragraphs (1) and (2) of subsection (a);
(2) $115,000,000 (the balance of the amount authorized
under section 2401(a) for the construction of the hospital
replacement, Fort Wainwright, Alaska); and
(3) $184,000,000 (the balance of the amount authorized
under section 2401(a) for the construction of the Ammunition
Demilitarization Facility, Blue Grass Army Depot, Kentucky).
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1997 PROJECT.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2775), under the agency heading relating to Chemical
Demilitarization Program, is amended in the item relating to Pueblo
Chemical Activity, Colorado, by striking ``$179,000,000'' in the amount
column and inserting ``$203,500,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment 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
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 1999, for contributions 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 Organization Security Investment program authorized by
section 2501, in the amount of $172,472,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 1999, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 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, $179,271,000; and
(B) for the Army Reserve, $115,185,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $23,045,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $232,340,000; and
(B) for the Air Force Reserve, $34,864,000.
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 authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2002; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2003.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions 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--
(1) October 1, 2002; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2003 for military construction 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 1997
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2782), authorizations for the projects
set forth in the tables in subsection (b), as provided in sections
2101, 2202, and 2601 of that Act and amended by section 2406 of this
Act, shall remain in effect until October 1, 2000, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2001, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Navy: Extension of 1997 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Naval Station Mayport.... Family Housing Construction $10,000,000
(100 units).
Maine................................. Naval Station Brunswick.. Family Housing Construction $10,925,000
(72 units).
North Carolina........................ Marine Corps Base Camp Family Housing Construction $10,110,000
Lejuene. (94 units).
South Carolina........................ Marine Corps Air Station Family Housing Construction $14,000,000
Beaufort. (140 units).
Texas................................. Naval Complex Corpus Family Housing Construction $11,675,000
Christi. (104 units).
Naval Air Station Family Housing Construction $7,550,000
Kingsville. (48 units).
Virginia.............................. Marine Corps Combat Sanitary Fill................ $8,900,000
Development Command,
Quantico.
Washington............................ Naval Station Everett.... Family Housing Construction $15,015,000
(100 units).
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multipurpose Range........... $5,000,000
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............................. Pueblo Chemical Activity. Ammunition Demilitarization $179,000,000
Facility.
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1996
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1996 (division B of
Public Law 104-106; 110 Stat. 541), authorizations for the projects set
forth in the tables in subsection (a), as provided in sections 2202 and
2601 of that Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2199), shall remain in effect until
October 1, 2000, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2001, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Navy: Extension of 1996 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Pendleton........... Family Housing Construction $20,000,000
(138 units).
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1996 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Missouri.............................. National Guard Training Multipurpose Range........... $2,236,000
Site, Jefferson City.
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 1999; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Program Changes
SEC. 2801. EXEMPTION FROM NOTICE AND WAIT REQUIREMENTS OF MILITARY
CONSTRUCTION PROJECTS SUPPORTED BY BURDENSHARING FUNDS
UNDERTAKEN FOR WAR OR NATIONAL EMERGENCY.
Section 2350j of title 10, United States Code, is amended--
(1) in subsection (e), by adding at the end the following
new paragraph:
``(3)(A) A military construction project under subsection (d) may
be carried out without regard to the requirement in paragraph (1) and
the limitation in paragraph (2) if the project is necessary to support
the armed forces in the country or region in which the project is
carried out by reason of a declaration of war, or a declaration by the
President of a national emergency pursuant to the National Emergencies
Act (50 U.S.C. 1601 et seq.), that is in force at the time of the
commencement of the project.
``(B) When a decision is made to carry out a military construction
project under subparagraph (A), the Secretary of Defense shall submit
to the congressional committees specified in subsection (g)--
``(i) a notice of the decision; and
``(ii) a statement of the current estimated cost of the
project, including the cost of any real property transaction in
connection with the project.''; and
(2) in subsection (g), by striking ``subsection (e)(1)''
and inserting ``subsection (e)''.
SEC. 2802. PROHIBITION ON CARRYING OUT MILITARY CONSTRUCTION PROJECTS
FUNDED USING INCREMENTAL FUNDING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the President should request in the budget for each
fiscal year submitted to Congress under section 1105 of title
31, United States Code, sufficient amounts to fund fully each
military construction and family housing construction project
proposed to be authorized in such fiscal year; and
(2) Congress should authorize and appropriate each fiscal
year amounts sufficient to fund fully each military
construction and family housing construction project authorized
in such fiscal year.
(b) Prohibition on Incremental Funding of Military Construction
Projects.--Section 2802 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) The Secretary of Defense and the Secretaries of the military
departments may not obligate funds for a military construction project
(including a military family housing project) otherwise authorized by
law unless the total amount of appropriations allocated for obligation
and expenditure for the project as of the initial obligation of funds
for the project is sufficient, without additional funds, to provide for
the construction of a usable facility meeting the purpose of the
project.''.
SEC. 2803. DEFENSE CHEMICAL DEMILITARIZATION CONSTRUCTION ACCOUNT.
(a) Establishment.--Subchapter I of chapter 169 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 2814. Defense Chemical Demilitarization Construction Account
``(a) Establishment.--There is established on the books of the
Treasury the Defense Chemical Demilitarization Construction Account (in
this section referred to as the `Account').
``(b) Credits to Account.--There shall be credited to the Account
amounts authorized for and appropriated to the Account.
``(c) Use of Amounts in Account.--Amounts in the Account shall be
available to the Secretary of Defense for carrying out military
construction projects authorized by law in support of the chemical
demilitarization activities of the Department of Defense under section
1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521) and other provisions of law.
``(d) Limitation on Obligation and Expenditure.--(1) Subject to
paragraph (2), amounts appropriated to the Account for a military
construction project shall remain available for obligation and
expenditure for the project in the fiscal year for which appropriated
and the two succeeding fiscal years.
``(2) Amounts appropriated for a military construction project for
a fiscal year shall remain available for the project until expended
without regard to the limitation specified in paragraph (1) if--
``(A) any portion of such amounts are obligated for the
project before the end of the fiscal years referred to in that
paragraph; or
``(B) the availability of such amounts for the project are
otherwise extended by law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that subchapter is amended by adding at the end the following new item:
``2814. Defense Chemical Demilitarization Construction Account.''.
SEC. 2804. LIMITATION ON AUTHORITY REGARDING ANCILLARY SUPPORTING
FACILITIES UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION
AND CONSTRUCTION OF MILITARY HOUSING.
Section 2881 of title 10, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Any
project''; and
(2) by adding at the end the following new subsection:
``(b) Limitation.--A project referred to in subsection (a) may not
include the acquisition or construction of an ancillary supporting
facility if, as determined by the Secretary concerned, the facility is
to be used for providing merchandise or services in direct competition
with--
``(1) the Army and Air Force Exchange Service;
``(2) the Navy Exchange Service Command;
``(3) a Marine Corps exchange;
``(4) the Defense Commissary Agency; or
``(5) any nonappropriated fund activity of the Department
of Defense for the morale, welfare, and recreation of members
of the armed forces.''.
SEC. 2805. AVAILABILITY OF FUNDS FOR PLANNING AND DESIGN IN CONNECTION
WITH ACQUISITION OF RESERVE COMPONENT FACILITIES.
Section 18233(f)(1) of title 10, United States Code, is amended by
inserting ``and design'' after ``planning''.
SEC. 2806. MODIFICATION OF LIMITATIONS ON RESERVE COMPONENT FACILITY
PROJECTS FOR CERTAIN SAFETY PROJECTS.
(a) Exemption from Notice and Wait Requirement.--Subsection (a)(2)
of section 18233a of title 10, United States Code, is amended by adding
at the end the following new subparagraph:
``(C) An unspecified minor military construction project
(as defined in section 2805(a) of this title) that is intended
solely to correct a deficiency that is life-threatening,
health-threatening, or safety-threatening.''.
(b) Availability of Operation and Maintenance Funds.--Subsection
(b) of that section is amended to read as follows:
``(b) Under such regulations as the Secretary of Defense may
prescribe, the Secretary may spend from appropriations available for
operation and maintenance amounts necessary to carry out any project
authorized under section 18233(a) of this title costing not more than--
``(1) the amount specified in section 2805(c)(1) of this
title, in the case of a project intended solely to correct a
deficiency that is life-threatening, health-threatening, or
safety-threatening; or
``(2) the amount specified in section 2805(c)(2) of this
title, in the case of any other project.''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. EXTENSION OF AUTHORITY FOR LEASES OF PROPERTY FOR SPECIAL
OPERATIONS ACTIVITIES.
Section 2680(d) of title 10, United States Code, is amended by
striking ``September 30, 2000'' and inserting ``September 30, 2005''.
SEC. 2812. ENHANCEMENT OF AUTHORITY RELATING TO UTILITY PRIVATIZATION.
(a) Extended Contracts for Utility Services.--Section 2688 of title
10, United States Code, is amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Extended Contracts for Utility Services.--(1) The Secretary
concerned may, in connection with a conveyance of a utility system
under this section, enter into a contract for the provision of utility
services.
``(2) Notwithstanding the proviso in section 201(a)(3) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
481(a)(3)), the term of a contract under this subsection may be up to
50 years.''.
(b) Availability of Military Construction Funds To Facilitate
Conveyances.--That section is further amended by inserting after
subsection (f), as added by subsection (a) of this section, the
following new subsection (g):
``(g) Availability of Military Construction Funds To Facilitate
Conveyances.--(1) Funds appropriated for a military construction
project authorized by law for the construction, repair, or replacement
of a utility system to be conveyed under this section may, instead of
being used for the project, be used for a contribution by the Secretary
concerned to the utility company or entity to which the utility system
is being conveyed for the costs of the utility company or entity with
respect to the construction, repair, or replacement of the utility
system.
``(2) The Secretary concerned shall take into account any
contribution under this subsection with respect to a utility system for
purposes of the economic analysis required for the conveyance of the
utility system under subsection (e)(1).''.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. CONVEYANCE OF PROPERTY AT INSTALLATIONS CLOSED OR REALIGNED
UNDER THE BASE CLOSURE LAWS WITHOUT CONSIDERATION FOR
ECONOMIC REDEVELOPMENT PURPOSES.
(a) 1990 Law.--Section 2905(b)(4) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or realigned'' after ``closed'';
and
(B) by inserting ``for purposes of creating jobs at
the installation'' before the period at the end; and
(2) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B)(i) Subject to clauses (ii) and (iii), the transfer of
property under this paragraph shall be for consideration at the fair
market value of the property.
``(ii) The transfer of property under this paragraph shall be
without consideration in the case of an installation located in a rural
area whose closure or realignment under this part will have a
substantial adverse impact on the economy of the communities in the
vicinity of the installation.
``(iii) The transfer of property of an installation under this
paragraph shall also be without consideration if the redevelopment
authority with respect to the installation--
``(I) provides in the agreement for the transfer of such
property that the proceeds of any sale or lease of such
property, or portion of such property, received by the
redevelopment authority during the period after the date of the
transfer of such property agreed upon by the redevelopment
authority and the Secretary (but not less than 10 years after
that date) shall be used for economic redevelopment of the
installation or related to the installation; and
``(II) accepts control of such property under the agreement
within a reasonable time (as determined by the Secretary) after
the completion of the property disposal record of decision or
the entry of a finding of no significant environmental impact
with respect to the transfer under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(iv) For purposes of clause (iii), the following activities shall
be treated as economic redevelopment of an installation or related to
an installation:
``(I) Road construction or improvement.
``(II) Construction or improvement of transportation
management facilities.
``(III) Construction or improvement of storm and sanitary
sewers.
``(IV) Construction or improvement of facilities for police
or fire protection services.
``(V) Construction or improvement of other public
facilities.
``(VI) Construction or improvement of utilities.
``(VII) Rehabilitation or improvement of buildings,
including preservation of historic property.
``(VIII) Construction, improvement, or acquisition of
pollution prevention equipment or facilities.
``(IX) Demolition of facilities.
``(X) Property management activities, including removal of
hazardous material, landscaping, grading, and other site or
public improvements.
``(XI) Planning and marketing the development and reuse of
the installation.
``(v) An agreement for the transfer of property of an installation
under clause (iii)(I) shall permit the Secretary to recoup from the
redevelopment authority concerned such portion as the Secretary
determines appropriate of the amount of any proceeds of the sale or
lease of the property that the redevelopment authority does not use to
support economic redevelopment of the installation or related to the
installation for the period specified in the agreement.''.
(b) 1988 Law.--Section 204(b)(4) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or realigned'' after ``closed'';
and
(B) by inserting ``for purposes of creating jobs at
the installation'' before the period at the end; and
(2) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B)(i) Subject to clauses (ii) and (iii), the transfer of
property under this paragraph shall be for consideration at the fair
market value of the property.
``(ii) The transfer of property under this paragraph shall be
without consideration in the case of an installation located in a rural
area whose closure or realignment under this title will have a
substantial adverse impact on the economy of the communities in the
vicinity of the installation.
``(iii) The transfer of property of an installation under this
paragraph shall also be without consideration if the redevelopment
authority with respect to the installation--
``(I) provides in the agreement for the transfer of such
property that the proceeds of any sale or lease of such
property, or portion of such property, received by the
redevelopment authority during the period after the date of the
transfer of such property agreed upon by the redevelopment
authority and the Secretary (but not less than 10 years after
such date) shall be used for economic redevelopment of the
installation or related to the installation; and
``(II) accepts control of such property under the agreement
within a reasonable time (as determined by the Secretary) after
the completion of the property disposal record of decision or
the entry of a finding of no significant environmental impact
with respect to the transfer under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(iv) For purposes of clause (iii), the following activities shall
be treated as economic redevelopment of an installation or related to
an installation:
``(I) Road construction or improvement.
``(II) Construction or improvement of transportation
management facilities.
``(III) Construction or improvement of storm and sanitary
sewers.
``(IV) Construction or improvement of facilities for police
or fire protection services.
``(V) Construction or improvement of other public
facilities.
``(VI) Construction or improvement of utilities.
``(VII) Rehabilitation or improvement of buildings,
including preservation of historic property.
``(VIII) Construction, improvement, or acquisition of
pollution prevention equipment or facilities.
``(IX) Demolition of facilities.
``(X) Property management activities, including removal of
hazardous material, landscaping, grading, and other site or
public improvements.
``(XI) Planning and marketing the development and reuse of
the installation.
``(v) An agreement for the transfer of property of an installation
under clause (iii)(I) shall permit the Secretary to recoup from the
redevelopment authority concerned such portion as the Secretary
determines appropriate of the amount of any proceeds of the sale or
lease of the property that the redevelopment authority does not use to
support economic redevelopment of the installation or related to the
installation for the period specified in the agreement.''.
(c) Applicability to Certain Prior Agreements.--(1)(A) Subject to
subparagraph (B), the Secretary of Defense may modify an agreement for
the transfer of property under section 2905(b)(4) of the Defense Base
Closure and Realignment Act of 1990, or under section 204(b)(4) of the
Defense Authorization Amendments and Base Closure and Realignment Act,
that was entered into before April 21, 1999, for purposes of the
compromise, waiver, adjustment, release, or reduction of any right,
title, claim, lien, or demand of the United States under the agreement.
(B) The Secretary may modify an agreement under this paragraph only
if--
(i) the Secretary determines that, as a result of changed
economic circumstances, the modification is necessary to
provide for economic redevelopment of the installation
concerned or related to that installation;
(ii) the terms of the modification do not require the
return of any payments made to the Secretary under the
agreement before the date of the modification; and
(iii) the terms of the modification do not compromise,
waive, adjust, release, or reduce any right, title, claim,
lien, or demand of the United States under the agreement with
respect to the receipt by the United States of in-kind
consideration.
(C) In modifying an agreement under subparagraph (A), the Secretary
may waive some or all future payments to the United States under the
agreement to the extent that the Secretary determines such waiver is
necessary.
(D) In modifying an agreement under subparagraph (A), the Secretary
and the redevelopment authority concerned shall include in the
agreement provisions consistent with clauses (iii)(I) and (v) of
section 2905(b)(4)(B) of the Defense Base Closure and Realignment Act
of 1990 (as amended by this section), or clauses (iii)(I) and (v) under
section 204(b)(4)(B) of the Defense Authorization Amendments and Base
Closure and Realignment Act (as so amended), as applicable.
(2)(A) The Secretary shall, upon the request of the redevelopment
authority concerned, modify an agreement for the transfer of property
under section 2905(b)(4) of the Defense Base Closure and Realignment
Act of 1990, or under section 204(b)(4) of the Defense Authorization
Amendments and Base Closure and Realignment Act, that was entered into
between April 21, 1999, and the date of the enactment of this Act in
order to conform the agreement to the provisions of subparagraph (B) of
such section 2905(b)(4), as so amended, or subparagraph (B) of such
section 204(b)(4), as so amended.
(B) A modification of an agreement under this paragraph may
compromise, waive, adjust, release, or reduce any right, title, claim,
lien, or demand of the United States under the agreement.
(d) Repeal of Certain Obsolete Authority.--(1) Section 204(b)(4)(D)
of the Defense Authorization Amendments and Base Closure and
Realignment Act is amended--
(A) by striking ``(i)''; and
(B) by striking clause (ii).
(2) Section 2905(b)(4)(D) of the Defense Base Closure and
Realignment Act of 1990 is amended--
(A) by striking ``(i)''; and
(B) by striking clause (ii).
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. LAND CONVEYANCE, ARMY RESERVE CENTER, BANGOR, MAINE.
(a) Conveyance Authorized.--(1) The Secretary of the Army may
convey, without consideration, to the City of Bangor, Maine (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 5 acres and
containing the Army Reserve Center in Bangor, Maine, known as the
Harold S. Slager Army Reserve Center. The parcel has been determined to
be excess to the needs of the Army.
(2) The purpose of the conveyance is to permit the City to use the
property for educational purposes.
(b) Alternative Conveyance Authority.--If at the time of the
conveyance authorized by subsection (a) the Secretary has transferred
jurisdiction over any of the property to be conveyed to the
Administrator of General Services, the Administrator shall make the
conveyance of such property under this section.
(c) Federal Screening.--(1) If any of the property authorized to be
conveyed by subsection (a) of this section is under the jurisdiction of
the Administrator as of the date of the enactment of this Act, the
Administrator shall conduct with respect to such property the screening
for further Federal use otherwise required by subsection (a) of section
2696 of title 10, United States Code.
(2) Subsections (b) through (d) of such section 2696 shall apply to
the screening under paragraph (1) as if the screening were a screening
conducted under subsection (a) of such section 2696. For purposes of
such subsection (b), the date of the enactment of the provision of law
authorizing the conveyance of the property authorized to be conveyed by
this section shall be the date of the enactment of this Act.
(d) Reversionary Interest.--If during the 5-year period beginning
on the date the conveyance authorized by subsection (a) is made the
Secretary determines that the property conveyed under that subsection
is not being used for the purpose specified in paragraph (2) of that
subsection, all right, title, and interest in and to the property shall
revert to the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record after an
opportunity for a hearing.
(e) 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 satisfactory to the official having
jurisdiction over the property at the time of the conveyance. The cost
of the survey shall be borne by the City.
(f) Additional Terms and Conditions.--The official having
jurisdiction over the property authorized to be conveyed by subsection
(a) at the time of the conveyance may require such additional terms and
conditions in connection with the conveyance as that official considers
appropriate to protect the interest of the United States.
PART II--NAVY CONVEYANCES
SEC. 2841. CLARIFICATION OF LAND EXCHANGE, NAVAL RESERVE READINESS
CENTER, PORTLAND, MAINE.
(a) Clarification on Conveyee.--Subsection (a)(1) of section 2852
of the Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2220) is amended by
striking ``Gulf of Maine Aquarium Development Corporation, Portland,
Maine (in this section referred to as the `Corporation')'' and
inserting ``Gulf of Maine Aquarium Development Corporation, Portland,
Maine, a non-profit education and research institute (in this section
referred to as the `Aquarium')''.
(b) Conforming Amendments.--That section is further amended by
striking ``the Corporation'' each place it appears and inserting ``the
Aquarium''.
SEC. 2842. LAND CONVEYANCE, NEWPORT, RHODE ISLAND.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the City of Newport, Rhode Island (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property (together with
any improvements thereon) consisting of approximately 15 acres and
known familiarly as the Ranger Road site. The real property is bounded
by Naval Station Newport, Rhode Island, to the north and west, by the
Town of Middletown, Rhode Island, to the north and east, and by Admiral
Kalbfus Road, the Jai Alai fronton, the Newport City Yard, and the ramp
to Newport Bridge to the south.
(b) Condition.--The conveyance authorized by subsection (a) shall
be subject to the condition that the City use the conveyed property for
one or more of the following purposes:
(1) A satellite campus of the Community College of Rhode
Island.
(2) A center for child day care and early childhood
education.
(3) A center for offices of the Government of the State of
Rhode Island.
(c) Reversionary Interest.--If during the 5-year period beginning
on the date the Secretary makes the conveyance authorized by subsection
(a) the Secretary determines that the conveyed property is not being
used for any of the purposes specified in subsection (b), all right,
title, and interest in and to the property, including any improvements
thereon, shall revert to the United States, and the United States shall
have the right of immediate entry onto the property. Any determination
of the Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Legal 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 acceptable to the Secretary. The cost
of the survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
authorized by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2843. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE PLANT NO.
387, DALLAS, TEXAS.
(a) Conveyance Authorized.--(1) The Secretary of the Navy may
convey to the City of Dallas, Texas (in this section referred to as the
``City''), all right, title, and interest of the United States in and
to parcels of real property consisting of approximately 314 acres and
comprising the Naval Weapons Industrial Reserve Plant No. 387, Dallas,
Texas.
(2)(A) As part of the conveyance authorized by paragraph (1), the
Secretary may convey to the City such improvements, equipment,
fixtures, and other personal property located on the parcels referred
to in that paragraph as the Secretary determines to be not required by
the Navy for other purposes.
(B) The Secretary may permit the City to review and inspect the
improvements, equipment, fixtures, and other personal property located
on the parcels referred to in paragraph (1) for purposes of the
conveyance authorized by this paragraph.
(b) Authority To Convey Without Consideration.--The conveyance
authorized by subsection (a) may be made without consideration if the
Secretary determines that the conveyance on that basis would be in the
best interests of the United States.
(c) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the condition that the City--
(1) use the parcels, directly or through an agreement with
a public or private entity, for economic purposes or such other
public purposes as the City determines appropriate; or
(2) convey the parcels to an appropriate public entity for
use for such purposes.
(d) Reversion.--If, during the 5-year period beginning on the date
the Secretary makes the conveyance authorized by subsection (a), the
Secretary determines that the conveyed real property is not being used
for a purpose specified in subsection (c), all right, title, and
interest in and to the property, including any improvements thereon,
shall revert to the United States, and the United States shall have the
right of immediate entry onto the property.
(e) Limitation on Certain Subsequent Conveyances.--(1) Subject to
paragraph (2), if at any time after the Secretary makes the conveyance
authorized by subsection (a) the City conveys any portion of the
parcels conveyed under that subsection to a private entity, the City
shall pay to the United States an amount equal to the fair market value
(as determined by the Secretary) of the portion conveyed at the time of
its conveyance under this subsection.
(2) Paragraph (1) applies to a conveyance described in that
paragraph only if the Secretary makes the conveyance authorized by
subsection (a) without consideration.
(3) The Secretary shall deposit in the General Fund of the Treasury
as miscellaneous receipts any amounts paid the Secretary under this
subsection.
(f) Interim Lease.--(1) Until such time as the real property
described in subsection (a) is conveyed by deed under this section, the
Secretary may continue to lease the property, together with
improvements thereon, to the current tenant under the existing terms
and conditions of the lease for the property.
(2) If good faith negotiations for the conveyance of the property
continue under this section beyond the end of the third year of the
term of the existing lease for the property, the Secretary shall
continue to lease the property to the current tenant of the property
under the terms and conditions applicable to the first three years of
the lease of the property pursuant to the existing lease for the
property.
(g) Maintenance of Property.--(1) Subject to paragraph (2), the
Secretary shall be responsible for maintaining the real property to be
conveyed under this section in its condition as of the date of the
enactment of this Act until such time as the property is conveyed by
deed under this section.
(2) The current tenant of the property shall be responsible for any
maintenance required under paragraph (1) to the extent of the
activities of that tenant at the property during the period covered by
that paragraph.
(h) 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 satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(i) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2851. LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION CENTER,
CALIFORNIA.
(a) Conveyance Authorized.--Notwithstanding any other provision of
law, the Secretary of the Air Force may convey, without consideration,
to the Regents of the University of California, acting on behalf of the
University of California, Davis (in this section referred to as the
``Regents''), all right, title, and interest of the United States in
and to the parcel of real property, including improvements thereon,
consisting of the McClellan Nuclear Radiation Center, California.
(b) Inspection of Property.--The Secretary shall, at an appropriate
time before the conveyance authorized by subsection (a), permit the
Regents access to the property to be conveyed for purposes of such
investigation of the McClellan Nuclear Radiation Center and the atomic
reactor located at the Center as the Regents consider appropriate.
(c) Hold Harmless.--(1)(A) The Secretary may not make the
conveyance authorized by subsection (a) unless the Regents agree to
indemnify and hold harmless the United States for and against the
following:
(i) Any and all costs associated with the decontamination
and decommissioning of the atomic reactor at the McClellan
Nuclear Radiation Center under requirements that are imposed by
the Nuclear Regulatory Commission or any other appropriate
Federal or State regulatory agency.
(ii) Any and all injury, damage, or other liability arising
from the operation of the atomic reactor after its conveyance
under this section.
(B) As consideration for the agreement under subparagraph (A), the
Secretary may pay the Regents an amount determined appropriate by the
Secretary. The amount may not exceed $17,593,000.
(2) Notwithstanding the agreement under paragraph (1), the
Secretary may, as part of the conveyance authorized by subsection (a),
enter into an agreement with the Regents under which agreement the
United States shall indemnify and hold harmless the University of
California for and against any injury, damage, or other liability in
connection with the operation of the atomic reactor at the McClellan
Nuclear Radiation Center after its conveyance under this section that
arises from a defect in the atomic reactor that could not have been
discovered in the course of the inspection carried out under subsection
(b).
(d) Continuing Operation of Reactor.--Until such time as the
property authorized to be conveyed by subsection (a) is conveyed by
deed, the Secretary shall take appropriate actions, including the
allocation of personnel, funds, and other resources, to ensure the
continuing operation of the atomic reactor located at the McClellan
Nuclear Radiation Center in accordance with applicable requirements of
the Nuclear Regulatory Commission and otherwise in accordance with law.
(e) 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 satisfactory to the Secretary. The cost
of the survey shall be borne by the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2852. LAND CONVEYANCE, NEWINGTON DEFENSE FUEL SUPPLY POINT, NEW
HAMPSHIRE.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Pease Development Authority, New
Hampshire (in this section referred to as the ``Authority''), all
right, title, and interest of the United States in and to parcels of
real property, together with any improvements thereon, consisting of
approximately 10.26 acres and located in Newington, New Hampshire, the
site of the Newington Defense Fuel Supply Point. The parcels have been
determined to be excess to the needs of the Air Force.
(b) Related Pipeline and Easement.--As part of the conveyance
authorized by subsection (a), the Secretary may convey to the Authority
without consideration all right, title, and interest of the United
States in and to the following:
(1) The pipeline approximately 1.25 miles in length that
runs between the property authorized to be conveyed under
subsection (a) and former Pease Air Force Base, New Hampshire,
and any facilities and equipment related thereto.
(2) An easement consisting of approximately 4.612 acres for
purposes of activities relating to the pipeline.
(c) Alternative Conveyance Authority.--If at the time of the
conveyance authorized by this section the Secretary has transferred
jurisdiction over any of the property to be conveyed to the
Administrator of General Services, the Administrator shall make the
conveyance of such property under this section.
(d) Federal Screening.--(1) If any of the property authorized to be
conveyed by this section is under the jurisdiction of the Administrator
as of the date of the enactment of this Act, the Administrator shall
conduct with respect to such property the screening for further Federal
use otherwise required by subsection (a) of section 2696 of title 10,
United States Code.
(2) Subsections (b) through (d) of such section 2696 shall apply to
the screening under paragraph (1) as if the screening were a screening
conducted under subsection (a) of such section 2696. For purposes of
such subsection (b), the date of the enactment of the provision of law
authorizing the conveyance of the property authorized to be conveyed by
this section shall be the date of the enactment of this Act.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a),
the easement to be conveyed under subsection (b)(2), and the pipeline
to be conveyed under subsection (b)(1) shall be determined by surveys
and other means satisfactory to the official having jurisdiction over
the property or pipeline, as the case may be, at the time of the
conveyance. The cost of any survey or other services performed at the
direction of that official under the preceding sentence shall be borne
by the Authority.
(f) Additional Terms and Conditions.--The official having
jurisdiction over the property to be conveyed under subsection (a), or
the pipeline and easement to be conveyed under subsection (b), at the
time of the conveyance may require such additional terms and conditions
in connection with the conveyance as that official considers
appropriate to protect the interests of the United States.
Subtitle E--Other Matters
SEC. 2861. ACQUISITION OF STATE-HELD INHOLDINGS, EAST RANGE OF FORT
HUACHUCA, ARIZONA.
(a) Acquisition Authorized.--(1) The Secretary of the Interior may
acquire by eminent domain, but with the consent of the State of
Arizona, all right, title, and interest (including any mineral rights)
of the State of Arizona in and to unimproved Arizona State Trust lands
consisting of approximately 1,536.47 acres in the Fort Huachuca East
Range, Cochise County, Arizona.
(2) The Secretary may also acquire by eminent domain, but with the
consent of the State of Arizona, any trust mineral estate of the State
of Arizona located beneath the surface estates of the United States in
one or more parcels of land consisting of approximately 12,943 acres in
the Fort Huachuca East Range, Cochise County, Arizona.
(b) Consideration.--(1) Subject to subsection (c), as consideration
for the acquisition by the United States of Arizona State trust lands
and mineral interests under subsection (a), the Secretary, acting
through the Bureau of Land Management, may convey to the State of
Arizona all right, title, and interest of the United States, or some
lesser interest, in one or more parcels of Federal land under the
jurisdiction of the Bureau of Land Management in the State of Arizona.
(2) The lands or interests in land to be conveyed under this
subsection shall be mutually agreed upon by the Secretary and the State
of Arizona, as provided in subsection (c)(1).
(3) The value of the lands conveyed out of Federal ownership under
this subsection either shall be equal to the value of the lands and
mineral interests received by the United States under subsection (a)
or, if not, shall be equalized by a payment made by the Secretary or
the State of Arizona, as necessary.
(c) Conditions on Conveyance to State.--The Secretary may make the
conveyance described in subsection (b) only if--
(1) the transfer of the Federal lands to the State of
Arizona is acceptable to the State Land Commissioner; and
(2) the conveyance of lands and interests in lands under
subsection (b) is accepted by the State of Arizona as full
consideration for the land and mineral rights acquired by the
United States under subsection (a) and terminates all right,
title, and interest of all parties (other than the United
States) in and to the acquired lands and mineral rights.
(d) Use of Eminent Domain.--The Secretary may acquire the State
lands and mineral rights under subsection (a) pursuant to the laws and
regulations governing eminent domain.
(e) Determination of Fair Market Value.--Notwithstanding any other
provision of law, the value of lands and interests in lands acquired or
conveyed by the United States under this section shall be determined in
accordance with the Uniform Appraisal Standards for Federal Land
Acquisition, as published by the Department of Justice in 1992. The
appraisal shall be subject to the review and acceptance by the Land
Department of the State of Arizona and the Bureau of Land Management.
(f) Descriptions of Land.--The exact acreage and legal descriptions
of the lands and interests in lands acquired or conveyed by the United
States under this section shall be determined by surveys that are
satisfactory to the Secretary of the Interior and the State of Arizona.
(g) Withdrawal of Acquired Lands for Military Purposes.--After
acquisition, the lands acquired by the United States under subsection
(a) may be withdrawn and reserved, in accordance with all applicable
environmental laws, for use by the Secretary of the Army for military
training and testing in the same manner as other Federal lands located
in the Fort Huachuca East Range that were withdrawn and reserved for
Army use through Public Land Order 1471 of 1957.
(h) Additional Terms and Conditions.--The Secretary of the Interior
may require such additional terms and conditions in connection with the
conveyance and acquisition of lands and interests in land under this
section as the Secretary considers to be appropriate to protect the
interests of the United States and any valid existing rights.
(i) Cost Reimbursement.--All costs associated with the processing
of the acquisition of State trust lands and mineral interests under
subsection (a) and the conveyance of public lands under subsection (b)
shall be borne by the Secretary of the Army.
SEC. 2862. DEVELOPMENT OF FORD ISLAND, HAWAII.
(a) In General.--(1) Subject to paragraph (2), the Secretary of the
Navy may exercise any authority or combination of authorities in this
section for the purpose of developing or facilitating the development
of Ford Island, Hawaii, to the extent that the Secretary determines the
development is compatible with the mission of the Navy.
(2) The Secretary may not exercise any authority under this section
until--
(A) the Secretary submits to the appropriate committees of
Congress a master plan for the development of Ford Island; and
(B) a period of 30 calendar days has elapsed following the
date on which the notification is received by those committees.
(b) Conveyance Authority.--(1) The Secretary of the Navy may convey
to any public or private person or entity all right, title, and
interest of the United States in and to any real property (including
any improvements thereon) or personal property under the jurisdiction
of the Secretary in the State of Hawaii that the Secretary determines--
(A) is excess to the needs of the Navy and all of the other
Armed Forces; and
(B) will promote the purpose of this section.
(2) A conveyance under this subsection may include such terms and
conditions as the Secretary considers appropriate to protect the
interests of the United States.
(c) Lease Authority.--(1) The Secretary of the Navy may lease to
any public or private person or entity any real property or personal
property under the jurisdiction of the Secretary in the State of Hawaii
that the Secretary determines--
(A) is not needed for current operations of the Navy and
all of the other Armed Forces; and
(B) will promote the purpose of this section.
(2) A lease under this subsection shall be subject to section
2667(b)(1) of title 10, United States Code, and may include such others
terms as the Secretary considers appropriate to protect the interests
of the United States.
(3) A lease of real property under this subsection may provide
that, upon termination of the lease term, the lessee shall have the
right of first refusal to acquire the real property covered by the
lease if the property is then conveyed under subsection (b).
(4)(A) The Secretary may provide property support services to or
for real property leased under this subsection.
(B) To the extent provided in appropriations Acts, any payment made
to the Secretary for services provided under this paragraph shall be
credited to the appropriation, account, or fund from which the cost of
providing the services was paid.
(d) Acquisition of Leasehold Interest by Secretary.--(1) The
Secretary of the Navy may acquire a leasehold interest in any facility
constructed under subsection (f) as consideration for a transaction
authorized by this section upon such terms as the Secretary considers
appropriate to promote the purpose of this section.
(2) The term of a lease under paragraph (1) may not exceed 10
years, unless the Secretary of Defense approves a term in excess of 10
years for the purpose of this section.
(3) A lease under this subsection may provide that, upon
termination of the lease term, the United States shall have the right
of first refusal to acquire the facility covered by the lease.
(e) Requirement for Competition.--The Secretary of the Navy shall
use competitive procedures for purposes of selecting the recipient of
real or personal property under subsection (b) and the lessee of real
or personal property under subsection (c).
(f) Consideration.--(1) As consideration for the conveyance of real
or personal property under subsection (b), or for the lease of real or
personal property under subsection (c), the Secretary of the Navy shall
accept cash, real property, personal property, or services, or any
combination thereof, in an aggregate amount equal to not less than the
fair market value of the real or personal property conveyed or leased.
(2) Subject to subsection (i), the services accepted by the
Secretary under paragraph (1) may include the following:
(A) The construction or improvement of facilities at Ford
Island.
(B) The restoration or rehabilitation of real property at
Ford Island.
(C) The provision of property support services for property
or facilities at Ford Island.
(g) Notice and Wait Requirements.--The Secretary of the Navy may
not carry out a transaction authorized by this section until--
(1) the Secretary submits to the appropriate committees of
Congress a notification of the transaction, including--
(A) a detailed description of the transaction; and
(B) a justification for the transaction specifying
the manner in which the transaction will meet the
purpose of this section; and
(2) a period of 30 calendar days has elapsed following the
date on which the notification is received by those committees.
(h) Ford Island Improvement Account.--(1) There is established on
the books of the Treasury an account to be known as the ``Ford Island
Improvement Account''.
(2) There shall be deposited into the account the following
amounts:
(A) Amounts authorized and appropriated to the account.
(B) Except as provided in subsection (c)(4)(B), the amount
of any cash payment received by the Secretary for a transaction
under this section.
(i) Use of Account.--(1) Subject to paragraph (2), to the extent
provided in advance in appropriation Acts, funds in the Ford Island
Improvement Account may be used as follows:
(A) To carry out or facilitate the carrying out of a
transaction authorized by this section.
(B) To carry out improvements of property or facilities at
Ford Island.
(C) To obtain property support services for property or
facilities at Ford Island.
(2) To extent that the authorities provided under subchapter IV of
chapter 169 of title 10, United States Code, are available to the
Secretary of the Navy, the Secretary may not use the authorities in
this section to acquire, construct, or improve family housing units,
military unaccompanied housing units, or ancillary supporting
facilities related to military housing at Ford Island.
(3)(A) The Secretary may transfer funds from the Ford Island
Improvement Account to the following funds:
(i) The Department of Defense Family Housing Improvement
Fund established by section 2883(a)(1) of title 10, United
States Code.
(ii) The Department of Defense Military Unaccompanied
Housing Improvement Fund established by section 2883(a)(2) of
that title.
(B) Amounts transferred under subparagraph (A) to a fund referred
to in that subparagraph shall be available in accordance with the
provisions of section 2883 of title 10, United States Code, for
activities authorized under subchapter IV of chapter 169 of that title
at Ford Island.
(j) Inapplicability of Certain Property Management Laws.--Except as
otherwise provided in this section, transactions under this section
shall not be subject to the following:
(1) Sections 2667 and 2696 of title 10, United States Code.
(2) Section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411).
(3) Sections 202 and 203 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483, 484).
(k) Scoring.--Nothing in this section shall be construed to waive
the applicability to any lease entered into under this section of the
budget scorekeeping guidelines used to measure compliance with the
Balanced Budget Emergency Deficit Control Act of 1985.
(l) Conforming Amendments.--Section 2883(c) of title 10, United
States Code, is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(E) Any amounts that the Secretary of the Navy transfers
to that Fund pursuant to section 2862(i)(3)(A)(i) of the
Military Construction Authorization Act for Fiscal Year 2000,
subject to the restrictions on the use of the transferred
amounts specified in that section.''; and
(2) in paragraph (2), by adding at the end the following
new subparagraph:
``(E) Any amounts that the Secretary of the Navy transfers
to that Fund pursuant to section 2862(i)(3)(A)(ii) of the
Military Construction Authorization Act for Fiscal Year 2000,
subject to the restrictions on the use of the transferred
amounts specified in that section.''.
(m) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' has the
meaning given that term in section 2801(4) of title 10, United
States Code.
(2) The term ``property support service'' means the
following:
(A) Any utility service or other service listed in
section 2686(a) of title 10, United States Code.
(B) Any other service determined by the Secretary
to be a service that supports the operation and
maintenance of real property, personal property, or
facilities.
TITLE XXIX--RENEWAL OF MILITARY LAND WITHDRAWALS
SEC. 2901. SHORT TITLE.
This title may be cited as the Military Lands Withdrawal Renewal
Act of 1999''.
SEC. 2902. WITHDRAWALS.
(a) Barry M. Goldwater Range.--(1) Subject to valid existing rights
and except as otherwise provided in this title, the lands described in
paragraph (3) are hereby withdrawn from all forms of appropriation
under the public land laws (including the mining laws and the mineral
leasing and the geothermal leasing laws).
(2) Such lands are reserved for use by the Secretary of the Air
Force and the Secretary of the Navy for--
(A) testing and training for aerial bombing, missile
firing, and tactical maneuvering and air support;
(B) joint air and ground operations training, including
ground maneuvers; and
(C) subject to the requirements of section 2904(f), other
defense-related purposes consistent with the purposes specified
in this paragraph.
(3) The lands referred to in paragraph (1) are the lands comprising
approximately 2,664,423 acres in Maricopa, Pima, and Yuma Counties,
Arizona, as generally depicted on the map entitled ``Luke Air Force
Range Withdrawal--Proposed'', dated January 1985, and withdrawn by the
provisions of section 1(c) of the Military Lands Withdrawal Act of 1986
(Public Law 99-606). Such lands do not include any portion of the lands
so withdrawn that were relinquished to the Secretary of the Interior
under the provisions of that Act.
(4)(A) The Secretary of the Air Force and the Secretary of the Navy
shall enter into a memorandum of understanding specifying the
geographic areas of the lands withdrawn by this subsection that will be
managed by the Secretary of the Air Force and the Secretary of the
Navy, respectively.
(B) For purposes of this title, the Secretary of the Air Force
shall be treated as the Secretary of the military department concerned
for the lands specified in the memorandum of understanding as managed
by the Secretary of the Air Force.
(C) For purposes of this title, the Secretary of the Navy shall be
treated as the Secretary of the military department concerned for the
lands specified in the memorandum of understanding as managed by the
Secretary of the Navy.
(5) The Barry M. Goldwater Air Force Range is hereby redesignated
as the ``Barry M. Goldwater Range''. Any reference to the Barry M.
Goldwater Air Force Range in any law, regulation, document, record,
map, or other paper of the United States shall be deemed to be a
reference to the Barry M. Goldwater Range.
(6) The withdrawal and reservation established by this subsection
shall be a multi-year withdrawal consistent with the environmental
impact statements prepared by the military departments and the
Department of the Interior.
(b) McGregor Range.--(1) Subject to valid existing rights and
except as otherwise provided in this title, the public lands described
in paragraph (3) are hereby withdrawn from all forms of appropriation
under the public land laws (including the mining laws and the mineral
leasing and the geothermal leasing laws).
(2) Such lands are reserved for use by the Secretary of the Army--
(A) for training and weapons testing; and
(B) subject to the requirements of section 2904(f), for
other defense-related purposes consistent with the purposes
specified in this paragraph.
(3) The lands referred to in paragraph (1) are the lands comprising
approximately 608,384.87 acres in Otero County, New Mexico, as
generally depicted on the map entitled ``McGregor Range Withdrawal--
Proposed'', dated January 1985, and withdrawn by the provisions of
section 1(d) of the Military Lands Withdrawal Act of 1986. Such lands
do not include any portion of the lands so withdrawn that were
relinquished to the Secretary of the Interior under the provisions of
that Act.
(4) Any of the public lands withdrawn under paragraph (1) which, as
of the date of the enactment of this Act, are managed pursuant to
section 603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782) shall continue to be managed under that section until
otherwise expressly provided by law.
(5) The withdrawal and reservation established by this subsection
shall be a multi-year withdrawal consistent with the environmental
impact statements prepared by the military departments and the
Department of the Interior.
(c) Fort Greely Maneuver Area and Fort Greely Air Drop Zone.--(1)
Subject to valid existing rights and except as otherwise provided in
this title, the lands described in paragraph (3) are hereby withdrawn
from all forms of appropriation under the public land laws (including
the mining laws and the mineral leasing and the geothermal leasing
laws), under the Act entitled ``An Act to provide for the admission of
the State of Alaska into the Union'', approved July 7, 1958 (48 U.S.C.
note prec. 21), and under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.).
(2) Such lands are reserved for use by the Secretary of the Army
for--
(A) military maneuvering, training, and equipment
development and testing; and
(B) subject to the requirements of section 2904(f), other
defense-related purposes consistent with the purposes specified
in this paragraph.
(3)(A) The lands referred to in paragraph (1) are--
(i) the lands comprising approximately 571,995 acres in the
Big Delta Area, Alaska, as generally depicted on the map
entitled ``Fort Greely Maneuver Area Withdrawal--Proposed'',
dated January 1985, and withdrawn by the provisions of section
1(e) of the Military Lands Withdrawal Act of 1986; and
(ii) the lands comprising approximately 51,590 acres in the
Granite Creek Area, Alaska, as generally depicted on the map
entitled ``Fort Greely, Air Drop Zone Withdrawal--Proposed'',
dated January 1985, and withdrawn by the provisions of such
section.
(B) Such lands do not include any portion of the lands so withdrawn
that were relinquished to the Secretary of the Interior under the
provisions of that Act.
(d) Fort Wainwright Maneuver Area.--(1) Subject to valid existing
rights and except as otherwise provided in this title, the public lands
described in paragraph (3) are hereby withdrawn from all forms of
appropriation under the public land laws (including the mining laws and
the mineral leasing and the geothermal leasing laws), under the Act
entitled ``An Act to provide for the admission of the State of Alaska
into the Union'', approved July 7, 1958 (48 U.S.C. note prec. 21), and
under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(2) Such lands are reserved for use by the Secretary of the Army
for--
(A) military maneuvering;
(B) training for artillery firing, aerial gunnery, and
infantry tactics; and
(C) subject to the requirements of section 2904(f), other
defense-related purposes consistent with the purposes specified
in this paragraph.
(3) The lands referred to in paragraph (1) are the lands comprising
approximately 247,951.67 acres of land in the Fourth Judicial District,
Alaska, as generally depicted on the map entitled ``Fort Wainwright
Maneuver Area Withdrawal--Proposed'', dated January 1985, and withdrawn
by the provisions of section 1(f) of the Military Lands Withdrawal Act
of 1986. Such lands do not include any portion of the lands so
withdrawn that were relinquished to the Secretary of the Interior under
the provisions of that Act.
SEC. 2903. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing Requirement.--As soon as practicable
after the date of the enactment of this Act, the Secretary of the
Interior shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn by this title; and
(2) file maps and the legal description of the lands
withdrawn by this title with the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources
of the House of Representatives.
(b) Technical Corrections.--Such maps and legal descriptions shall
have the same force and effect as if they were included in this title
except that the Secretary of the Interior may correct clerical and
typographical errors in such maps and legal descriptions.
(c) Availability for Public Inspection.--Copies of such maps and
legal descriptions shall be available for public inspection in the
following offices:
(1) The Office of the Secretary of Defense.
(2) The offices of the Director and appropriate State
Directors of the Bureau of Land Management.
(3) The offices of the Director and appropriate Regional
Directors of the United States Fish and Wildlife Service.
(4) The office of the commander, Luke Air Force Base.
(5) The office of the commander, McGregor Range.
(6) The office of the installation commander, Fort
Richardson, Alaska.
(7) The office of the commander, Marine Corps Air Station,
Yuma, Arizona.
(d) Reimbursement.--The Secretary of Defense shall reimburse the
Secretary of the Interior for any costs incurred by the Secretary of
the Interior in carrying out this section.
SEC. 2904. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management by Secretary of the Interior.--(1)(A) The Secretary
of the Interior shall manage the lands withdrawn by this title (except
those lands within a unit of the National Wildlife Refuge System)
pursuant to the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and other applicable law, including the Recreation
Use of Wildlife Areas Act of 1962 (16 U.S.C. 460k et seq.) and this
title. The Secretary shall manage such lands through the Bureau of Land
Management.
(B)(i) Lands within the Cabeza Prieta National Wildlife Refuge
shall be managed pursuant to the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) and other
applicable laws, including this title.
(ii) No provision of this title, except this section and sections
2902, 2905, 2912, and 2913, shall apply to the management of the Cabeza
Prieta National Wildlife Refuge.
(2) To the extent consistent with applicable law and Executive
orders, the lands withdrawn by this title may be managed in a manner
permitting--
(A) the continuation of grazing pursuant to applicable law
and Executive orders where permitted on the date of the
enactment of this Act;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation; and
(E) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities.
(3)(A) All nonmilitary use of the lands withdrawn by this title,
other than the uses described in paragraph (2), shall be subject to
such conditions and restrictions as may be necessary to permit the
military use of such lands for the purposes specified in or authorized
pursuant to this title.
(B) The Secretary of the Interior may issue any lease, easement,
right-of-way, or other authorization with respect to the nonmilitary
use of such lands only with the concurrence of the Secretary of the
military department concerned.
(b) Closure to Public.--(1) If the Secretary of the military
department concerned determines that military operations, public
safety, or national security require the closure to public use of any
road, trail, or other portion of the lands withdrawn by this title,
that Secretary may take such action as that Secretary determines
necessary to effect and maintain such closure.
(2) Any such closure shall be limited to the minimum areas and
periods which the Secretary of the military department concerned
determines are required to carry out this subsection.
(3) During any closure under this subsection, the Secretary of the
military department concerned shall--
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning
such closures.
(c) Management Plan.--(1)(A) The Secretary of the Interior (after
consultation with the Secretary of the military department concerned)
shall develop a plan for the management of each area withdrawn by this
title.
(2) Each plan shall--
(A) be consistent with applicable law;
(B) be subject to conditions and restrictions specified in
subsection (a)(3); and
(C) include such provisions as may be necessary for proper
management and protection of the resources and values of such
areas.
(3) The Secretary of the Interior shall develop each plan required
by this subsection not later than three years after the date of the
enactment of this Act. In developing a plan for an area, the Secretary
may utilize or modify appropriate provisions of the management plan
developed for the area under section 3(c) of the Military Lands
Withdrawal Act of 1986.
(d) Brush and Range Fires.--(1) The Secretary of the military
department concerned shall take necessary precautions to prevent and
suppress brush and range fires occurring within and outside the lands
withdrawn by this title as a result of military activities and may seek
assistance from the Bureau of Land Management in the suppression of
such fires.
(2) Each memorandum of understanding required by subsection (e)
shall provide for Bureau of Land Management assistance in the
suppression of fires referred to in paragraph (1) in the area covered
by the memorandum of understanding, and for a transfer of funds from
the military department concerned to the Bureau of Land Management as
compensation for such assistance.
(e) Memorandum of Understanding.--(1) The Secretary of the Interior
and the Secretary of the military department concerned shall (with
respect to each area withdrawn by section 2902) enter into a memorandum
of understanding to implement the management plan developed under
subsection (c).
(2) Each memorandum of understanding shall provide that the
Director of the Bureau of Land Management shall provide assistance in
the suppression of fires resulting from the military use of lands
withdrawn by this title if requested by the Secretary of the military
department concerned.
(f) Additional Military Uses.--(1) The lands withdrawn by this
title may be used for defense-related uses other than those specified
in the applicable provision of section 2902. The use of such lands for
such purposes shall be governed by all laws applicable to such lands,
including this title.
(2)(A) The Secretary of Defense shall promptly notify the Secretary
of the Interior in the event that the lands withdrawn by this title
will be used for defense-related purposes other than those specified in
section 2902.
(B) Such notification shall indicate the additional use or uses
involved, the proposed duration of such uses, and the extent to which
such additional military uses of the lands will require that additional
or more stringent conditions or restrictions be imposed on otherwise-
permitted nonmilitary uses of the land or portions thereof.
(3) Subject to valid existing rights, the Secretary of the military
department concerned may utilize sand, gravel, or similar mineral or
material resources on the lands withdrawn by this title when the use of
such resources is required to meet the construction needs of the
military department concerned on the lands withdrawn by this title.
(g) Additional Management Requirements.--(1) Except as otherwise
provided in this title, the lands withdrawn by this title shall be
managed in a manner that--
(A) complies with current resource management standards;
and
(B) maintains a level of effort similar to that in effect
on the date of the enactment of this Act.
(2) Not later than six months after the date of the enactment of
this Act, the Secretary of the Interior shall submit to Congress and to
the Secretary of Defense a report on the management of lands withdrawn
by this title. The report shall include any recommendations for
additional actions to preserve and protect the natural resources of
such lands, and any additional recommendations, that the Secretary of
the Interior considers appropriate.
SEC. 2905. SPECIAL WILDLIFE RULES ON BARRY M. GOLDWATER RANGE.
(a) Applicability of Law.--Neither the withdrawal by section
2902(a) nor any other provision of this title shall be construed to
amend any law, Executive order, or public land order in effect on the
date of the enactment of this Act with respect to the Cabeza Prieta
National Wildlife Refuge.
(b) Applicability of Memoranda of Understanding.--Neither the
withdrawal by section 2902(a) nor any other provision of this title
shall be construed to amend any memorandum of understanding between the
Secretary of the Interior and the Secretary of the Air Force regarding
the administration and joint use of a portion of the Cabeza Prieta
National Wildlife Refuge.
(c) Modification of Memoranda of Understanding.--No modification of
a provision of the memorandum of understanding between the Secretary of
the Interior and the Secretary of the Air Force regarding Air Force
operations on the Cabeza Prieta National Wildlife Refuge in effect on
November 21, 1994, shall take effect until 90 days after the date on
which the Secretary of the Interior submits to the Committees on Armed
Services, Energy and Natural Resources, and Environment and Public
Works of the Senate and the Committees on Armed Services and Resources
of the House of Representatives a report on the proposed modification.
SEC. 2906. ESTABLISHMENT OF NATIONAL PARK IN BARRY M. GOLDWATER RANGE.
(a) Study.--The Secretary of Defense and the Secretary of the
Interior shall jointly conduct a comprehensive study of the feasibility
and advisability of establishing a national park from all or portions
of the lands withdrawn by section 2902(a).
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary of Defense and the Secretary of the Interior
shall jointly submit to Congress a report on the study conducted under
subsection (a). The report shall include the recommendations of the
Secretaries as to the feasibility and advisability of establishing a
national park from all or portions of the lands specified in that
subsection.
SEC. 2907. LAND MANAGEMENT ANALYSIS.
(a) Periodic Analysis Required.--Not later than 10 years after the
date of the enactment of this Act, and every 10 years thereafter, the
Secretary of the military department concerned shall, in consultation
with the Secretary of the Interior, conduct an analysis of the degree
to which the management of the lands withdrawn by this title conforms
to the requirements of laws applicable to the management of such lands,
including this title.
(b) Deadline.--Each analysis under this section shall be completed
not later than 270 days after the commencement of such analysis.
(c) Limitation on Cost.--The cost of each analysis under this
section may not exceed $900,000 in constant 1999 dollars.
(d) Report.--Not later than 90 days after the date of the
completion of an analysis under this section, the Secretary of the
military department concerned shall submit to Congress a report on the
analysis. The report shall set forth the results of the analysis and
include any other matters relating to the management of the lands
withdrawn by this title that such Secretary considers appropriate.
SEC. 2908. ONGOING ENVIRONMENTAL RESTORATION.
(a) Requirement.--To the extent provided in advance in
appropriations Acts, the Secretary of the military department concerned
shall carry out a program to provide for the environmental restoration
of the lands withdrawn by this title in order to ensure a level of
environmental decontamination of such lands equivalent to the level of
environmental decontamination that exists on such lands as of the date
of the enactment of this Act.
(b) Reports.--(1) At the same time the President submits to
Congress the budget for any fiscal year after fiscal year 2000, the
Secretary of the military department concerned shall submit to the
committees referred to in paragraph (2) a report on environmental
restoration activities relating to the lands withdrawn by this title.
The report shall satisfy the requirements of section 2706(a) of title
10, United States Code, with respect to the activities on such lands.
(2) The committees referred to in paragraph (1) are the Committees
on Appropriations, Armed Services, and Energy and Natural Resources of
the Senate and the Committees on Appropriations, Armed Services, and
Resources of the House of Representatives.
SEC. 2909. RELINQUISHMENT.
(a) Authority.--The Secretary of the military department concerned
may relinquish all or any of the lands withdrawn by this title to the
Secretary of the Interior.
(b) Notice.--If the Secretary of the military department concerned
determines to relinquish any lands withdrawn by this title under
subsection (a), that Secretary shall transmit to the Secretary of the
Interior a notice of intent to relinquish such lands.
(c) Determination of Contamination.--(1) Before transmitting a
notice of intent to relinquish any lands under subsection (b), the
Secretary of Defense, acting through the military department concerned,
shall determine whether and to what extent such lands are contaminated
with explosive, toxic, or other hazardous materials.
(2) A copy of a determination with respect to any lands under
paragraph (1) shall be transmitted to the Secretary of the Interior
together with the notice of intent to relinquish such lands under
subsection (b).
(3) Copies of both the notice of intent to relinquish lands under
subsection (b) and the determination regarding the contamination of
such lands under this subsection shall be published in the Federal
Register by the Secretary of the Interior.
(d) Decontamination.--(1) If any land subject to a notice of intent
to relinquish under subsection (a) is contaminated, and the Secretary
of the Interior, in consultation with the Secretary of the military
department concerned, makes the determination described in paragraph
(2), the Secretary of the military department concerned shall, to the
extent provided in advance in appropriations Acts, undertake the
environmental decontamination of the land.
(2) A determination referred to in this paragraph is a
determination that--
(A) decontamination of the land concerned is practicable
and economically feasible (taking into consideration the
potential future use and value of the land); and
(B) upon decontamination, the land could be opened to
operation of some or all of the public land laws, including the
mining laws.
(e) Alternatives.--(1) If a circumstance described in paragraph (2)
arises with respect to any land which is covered by a notice of intent
to relinquish under subsection (a), the Secretary of the Interior shall
not be required to accept the land under this section.
(2) A circumstance referred to in this paragraph is--
(A) a determination by the Secretary of the Interior, in
consultation with the Secretary of the military department
concerned that--
(i) decontamination of the land is not practicable
or economically feasible; or
(ii) the land cannot be decontaminated to a
sufficient extent to permit its opening to the
operation of some or all of the public land laws; or
(B) the appropriation by Congress of amounts that are
insufficient to provide for the decontamination of the land.
(f) Status of Contaminated Lands.--If, because of their
contaminated state, the Secretary of the Interior declines to accept
jurisdiction over lands withdrawn by this title which have been
proposed for relinquishment under subsection (a)--
(1) the Secretary of the military department concerned
shall take appropriate steps to warn the public of the
contaminated state of such lands and any risks associated with
entry onto such lands; and
(2) the Secretary of the military department concerned
shall report to the Secretary of the Interior and to Congress
concerning the status of such lands and all actions taken in
furtherance of this subsection.
(g) Revocation of Authority.--(1) Notwithstanding any other
provision of law, the Secretary of the Interior may, upon deciding that
it is in the public interest to accept jurisdiction over lands proposed
for relinquishment pursuant to subsection (a), revoke the withdrawal
established by this title as it applies to such lands.
(2) Should the decision be made to revoke the withdrawal, the
Secretary of the Interior shall publish in the Federal Register an
appropriate order which shall--
(A) terminate the withdrawal;
(B) constitute official acceptance of full jurisdiction
over the lands by the Secretary of the Interior; and
(C) state the date upon which the lands will be opened to
the operation of some or all of the public lands laws,
including the mining laws.
(h) Treatment of Certain Relinquished Lands.--Any lands withdrawn
by section 2902(c) or 2902(d) that are relinquished under this section
shall be public lands under the jurisdiction of the Bureau of Land
Management and shall be considered vacant, unreserved, and
unappropriated for purposes of the public land laws.
SEC. 2910. DELEGABILITY.
(a) Defense.--The functions of the Secretary of Defense or of the
Secretary of a military department under this title may be delegated.
(b) Interior.--The functions of the Secretary of the Interior under
this title may be delegated, except that an order described in section
2909(g) may be approved and signed only by the Secretary of the
Interior, the Under Secretary of the Interior, or an Assistant
Secretary of the Interior.
SEC. 2911. WATER RIGHTS.
Nothing in this title shall be construed to establish a reservation
to the United States with respect to any water or water right on the
lands described in section 2902. No provision of this title shall be
construed as authorizing the appropriation of water on lands described
in section 2902 by the United States after the date of the enactment of
this Act except in accordance with the law of the relevant State in
which lands described in section 2902 are located. This section shall
not be construed to affect water rights acquired by the United States
before the date of the enactment of this Act.
SEC. 2912. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn by this
title shall be conducted in accordance with the provisions of section
2671 of title 10, United States Code, except that hunting, fishing, and
trapping within the Cabeza Prieta National Wildlife Refuge shall be
conducted in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Recreation
Use of Wildlife Areas Act of 1962 (16 U.S.C. 460k et seq.), and other
laws applicable to the National Wildlife Refuge System.
SEC. 2913. MINING AND MINERAL LEASING.
(a) Determination of Lands Suitable for Opening.--(1) As soon as
practicable after the date of the enactment of this Act and at least
every five years thereafter, the Secretary of the Interior shall
determine, with the concurrence of the Secretary of the military
department concerned, which public and acquired lands (except as
provided in this subsection) described in subsections (b), (c), and (d)
of section 2902 the Secretary of the Interior considers suitable for
opening to the operation of the Mining Law of 1872, the Mineral Lands
Leasing Act of 1920, the Mineral Leasing Act for Acquired Lands of
1947, the Geothermal Steam Act of 1970, or any one or more of such
Acts.
(2) The Secretary of the Interior shall publish a notice in the
Federal Register listing the lands determined suitable for opening
pursuant to this section and specifying the opening date, except that
lands contained within the Cabeza Prieta National Wildlife Refuge in
Arizona shall not be determined to be suitable for opening pursuant to
this section.
(b) Opening Lands.--On the day specified by the Secretary of the
Interior in a notice published in the Federal Register pursuant to
subsection (a), the land identified under subsection (a) as suitable
for opening to the operation of one or more of the laws specified in
subsection (a) shall automatically be open to the operation of such
laws without the necessity for further action by the Secretary or
Congress.
(c) Exception for Common Varieties.--No deposit of minerals or
materials of the types identified by section 3 of the Act of July 23,
1955 (69 Stat. 367), whether or not included in the term ``common
varieties'' in that Act, shall be subject to location under the Mining
Law of 1872 on lands described in section 2902.
(d) Regulations.--(1) The Secretary of the Interior, with the
advice and concurrence of the Secretary of the military department
concerned, shall prescribe such regulations to implement this section
as may be necessary to assure safe, uninterrupted, and unimpeded use of
the lands described in section 2902 for military purposes.
(2) Such regulations shall contain guidelines to assist mining
claimants in determining how much, if any, of the surface of any lands
opened pursuant to this section may be used for purposes incident to
mining.
(e) Closure of Mining Lands.--In the event of a national emergency
or for purposes of national defense or security, the Secretary of the
Interior, at the request of the Secretary of the military department
concerned, shall close any lands that have been opened to mining or to
mineral or geothermal leasing pursuant to this section.
(f) Laws Governing Mining on Withdrawn Lands.--(1) Except as
otherwise provided in this title, mining claims located pursuant to
this title shall be subject to the provisions of the mining laws. In
the event of a conflict between those laws and this title, this title
shall prevail.
(2) All mining claims located under the terms of this title shall
be subject to the provisions of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(g) Patents.--(1) Patents issued pursuant to this title for
locatable minerals shall convey title to locatable minerals only,
together with the right to use so much of the surface as may be
necessary for purposes incident to mining under the guidelines for such
use established by the Secretary of the Interior by regulation.
(2) All such patents shall contain a reservation to the United
States of the surface of all lands patented and of all nonlocatable
minerals on those lands.
(3) For the purposes of this subsection, all minerals subject to
location under the Mining Law of 1872 shall be treated as locatable
minerals.
SEC. 2914. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof shall be
held harmless and shall not be liable for any injuries or damages to
persons or property suffered in the course of any mining or mineral or
geothermal leasing activity conducted on lands described in section
2902.