I 111th CONGRESS 1st Session H. R. 740 IN THE HOUSE OF REPRESENTATIVES January 28, 2009 Mr. Filner introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to take reasonable steps to prevent avoidable disasters related to seismic activity in connection with the lease and development of non-excess property of military departments, and for other purposes.

1.

Short title

This Act may be cited as the Additional Safeguards For Lease and Development of Non-Excess Property of Military Departments Act.

2.

Lease and development of non-excess property of military departments located in areas designated UBC Seismic Zone 4

(a)

Prohibition on leases in certain seismic areas; exceptions

Section 2667 of title 10, United States Code, is amended by adding at the end the following new subsection: (k)(1)Except as provided in paragraph (1), the Secretary concerned may not enter into a lease under this section regarding any land that is located in an area designated UBC Seismic Zone 4. (2)Notwithstanding paragraph (1), the Secretary concerned may enter into the lease if the Secretary determines that seismic activity would not have any significant impact on any portion of the proposed development under the lease. The determination of the Secretary may only be made on the record after an opportunity for a hearing. In the hearing, admissible seismic evidence shall be limited to geotechnical investigations that are not more than three years old. The Secretary may commission geotechnical investigations in connection with the hearing, but such investigations must be conducted using the best technology then available. (3)The Secretary concerned may not omit a revocation provision from a lease authorized by paragraph (2). . (b)

Revocation of existing leases

(1)

Revocation required

Except as provided in paragraph (2), the Secretary of a military department shall revoke any lease entered into before the date of the enactment of this Act by the Secretary under the authority of section 2667 of title 10, United States Code, or other provision of law, including section 2732 of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 100 Stat. 4046), if the land subject to the lease is located in an area designated UBC Seismic Zone 4. The revocation shall occur even in the case of a lease that does not include a revocation provision. (2)

Exceptions

Paragraph (1) shall not apply to a lease— (A)under which substantial construction, as determined by the Secretary concerned, on the property subject to the lease has been commenced before the date of the enactment of this Act; or (B)that the Secretary concerned determines, pursuant to paragraph (2) of subsection (k) of section 2667 of title 10, United States Code, as added by subsection (a), should not be revoked.