Sections 236, 246, 247, subtitle C of title III, section 571, subtitle C of title VII, sections 1061 and 1101, titles XII, XIII, XIV, subtitle B of title XV, and titles XXXIII and XXXIV of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
Public Law 105–261, as amended
Sections 236, 246, 247, subtitle C of title III, section 571, subtitle C of title VII, sections 1061 and 1101, titles XII, XIII, XIV, subtitle B of title XV, and titles XXXIII and XXXIV of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
261
114–328
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20240419
2025-01-24
Defense Against Weapons of Mass Destruction Act of 1998
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
Juniper Butte Range Withdrawal Act
10715
105
1998-10-17
Sections 236, 246, 247, subtitle C of title III, section 571, subtitle C of title VII, sections 1061 and 1101, titles XII, XIII, XIV, subtitle B of title XV, and titles XXXIII and XXXIV of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
[(Public Law 105–261, approved Oct. 17, 1998)]
[As Amended Through P.L. 114–328, Enacted December 23, 2016]
[Currency: This publication is a compilation of the text of Public Law 105–261. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
* * * * * * *
SEC. 236.

RESTRUCTURING OF ACQUISITION STRATEGY FOR THEATER HIGH-ALTITUDE AREA DEFENSE (THAAD) SYSTEM.
(a)

Continued Independent Review.—
The Secretary of Defense shall take appropriate steps to assure continued independent review, as the Secretary determines is needed, of the Theater High-Altitude Area Defense (THAAD) program.
(b)

Cost Sharing Arrangement.—
(1)
The Secretary of Defense shall contractually establish with the THAAD interceptor prime contractor an appropriate arrangement for sharing between the United States and that contractor the costs for flight test failures of the interceptor missile for the THAAD system beginning with the flight test numbered 9.
(2)
For purposes of paragraph (1), the term “THAAD interceptor prime contractor” means the firm that as of May 14, 1998, is the prime contractor for the interceptor missile for the Theater High-Altitude Area Defense system.
(c)

Engineering and Manufacturing Development Phase for Other Elements of the THAAD System.—
The Secretary of Defense shall proceed with the milestone approval process for the Engineering and Manufacturing Development phase for the Battle Management and Command, Control, and Communications (BM/C^3) element of the THAAD system and for the Ground Based Radar (GBR) element for that system without regard to the stage of development of the interceptor missile for that system.
(d)

Plan for Contingency Capability.—
(1)
The Secretary of Defense shall prepare a plan that would allow for deployment of THAAD missiles and the other elements of the THAAD system referred to in subsection (c) in response to theater ballistic missile threats that evolve before United States military forces are equipped with the objective configuration of those missiles and elements.
(2)
The Secretary shall submit a report on the plan to the congressional defense committees by December 15, 1998.
(e)

Limitation on Entering Engineering and Manufacturing Development phase.—
(1)
The Secretary of Defense may not approve the commencement of the Engineering and Manufacturing Development phase for the interceptor missile for the THAAD system until there have been 3 successful tests of that missile.
(2)
If the Secretary determines, after a second successful test of the interceptor missile of the THAAD system, that the THAAD program has achieved a sufficient level of technical maturity, the Secretary may waive the limitation specified in paragraph (1).
(3)
If the Secretary grants a waiver under paragraph (2), the Secretary shall, not later than 60 days after the date of the issuance of the waiver, submit to the congressional defense committees a report describing the technical rationale for that action.
(4)
For purposes of paragraph (1), a successful test of the interceptor missile of the THAAD system is a body-to-body intercept by that missile of a ballistic missile target.
SEC. 246.
[10 U.S.C. 2358 note]

PILOT PROGRAM FOR REVITALIZING THE LABORATORIES AND TEST AND EVALUATION CENTERS OF THE DEPARTMENT OF DEFENSE.
(a)

Pilot Program.—
(1)
The Secretary of Defense may carry out a pilot program to demonstrate improved cooperative relationships with universities and other private sector entities for the performance of research and development functions.
(2)
Under the pilot program, the Secretary of Defense shall provide the director of one science and technology laboratory, and the director of one test and evaluation center, of each military department with authority for the following:
(A)
To explore innovative methods for quickly, efficiently, and fairly entering into cooperative relationships with universities and other private sector entities with respect to the performance of research and development functions.
(B)
To waive any restrictions on the demonstration and implementation of such methods that are not required by law.
(C)
To develop or expand innovative methods of operation that provide more defense research for each dollar of cost, including to carry out such initiatives as focusing on the performance of core functions and adopting more business-like practices.
(3)
In selecting the laboratories and centers for participation in the pilot program, the Secretary shall consider laboratories and centers where innovative management techniques have been demonstrated, particularly as documented under sections 1115 through 1119 of title 31, United States Code, relating to Government agency performance and results.
(4)
The Secretary may carry out the pilot program at each selected laboratory and center for up to six years beginning not later than March 1, 1999.
(b)

Reports.—
(1)
Not later than March 1, 1999, the Secretary of Defense shall submit a report on the implementation of the pilot program to Congress. The report shall include the following:
(A)
Each laboratory and center selected for the pilot program.
(B)
To the extent possible, a description of the innovative concepts that are to be tested at each laboratory or center.
(C)
The criteria to be used for measuring the success of each concept to be tested.
(2)
Promptly after the expiration of the period for participation of a laboratory or center in the pilot program, the Secretary of Defense shall submit to Congress a final report on the participation of the laboratory or center in the pilot program. The report shall contain the following:
(A)
A description of the concepts tested.
(B)
The results of the testing.
(C)
The lessons learned.
(D)
Any proposal for legislation that the Secretary
recommends on the basis of the experience at the laboratory or center under the pilot program.
(c)

Commendation.—
Congress commends the Secretary of Defense for the progress made by the science and technology laboratories and test and evaluation centers of the Department of Defense and encourages the Secretary to take the actions necessary to ensure continued progress for the laboratories and test and evaluation centers in developing cooperative relationships with universities and other private sector entities for the performance of research and development functions.
SEC. 247.
[50 U.S.C. 1522 note]

CHEMICAL WARFARE DEFENSE.
(a)

Review and Modification of Policies and Doctrines.—
The Secretary of Defense shall review the policies and doctrines of the Department of Defense on chemical warfare defense and modify the policies and doctrine as appropriate to achieve the objectives set forth in subsection (b).
(b)

Objectives.—
The objectives for the modification of policies and doctrines of the Department of Defense on chemical warfare defense are as follows:
(1)
To provide for adequate protection of personnel from any exposure to a chemical warfare agent (including chronic and low-level exposure to a chemical warfare agent) that would endanger the health of exposed personnel because of the deleterious effects of—
(A)
a single exposure to the agent;
(B)
exposure to the agent concurrently with other dangerous exposures, such as exposures to—
(i)
other potentially toxic substances in the environment, including pesticides, other insect and vermin control agents, and environmental pollutants;
(ii)
low-grade nuclear and electromagnetic radiation present in the environment;
(iii)
preventive medications (that are dangerous when taken concurrently with other dangerous exposures referred to in this paragraph);
(iv)
diesel fuel, jet fuel, and other hydrocarbon-based fuels; and
(v)
occupational hazards, including battlefield hazards; and
(C)
repeated exposures to the agent, or some combination of one or more exposures to the agent and other dangerous exposures referred to in subparagraph (B), over time.
(2)
To provide for—
(A)
the prevention of and protection against, and the detection (including confirmation) of, exposures to a chemical warfare agent (whether intentional or inadvertent) at levels that, even if not sufficient to endanger health immediately, are greater than the level that is recognized under Department of Defense policies as being the maximum safe level of exposure to that agent for the general population; and
(B)
the recording, reporting, coordinating, and retaining of information on possible exposures described in subparagraph (A), including the monitoring of the health effects of exposures on humans and animals, environmental effects, and ecological effects, and the documenting and reporting of those effects specifically by location.
(3)
To provide solutions for the concerns and mission requirements that are specifically applicable for one or more of the Armed Forces in a protracted conflict when exposures to chemical agents could be complex, dynamic, and occurring over an extended period.
(c)

Research Program.—
The Secretary of Defense shall develop and carry out a plan to establish a research program for determining the effects of exposures to chemical warfare agents of the type described in subsection (b). The research shall be designed to yield results that can guide the Secretary in the evolution of policy and doctrine on exposures to chemical warfare agents and to develop new risk assessment methods and instruments with respect to such exposures. The plan shall state the objectives and scope of the program and include a 5-year funding plan.
(d)

Report.—
Not later than May 1, 1999, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on the results of the review under subsection (a) and on the research program developed under subsection (c). The report shall include the following:
(1)
Each modification of chemical warfare defense policy and doctrine resulting from the review.
(2)
Any recommended legislation regarding chemical warfare defense.
(3)
The plan for the research program.
TITLE III—

OPERATION AND MAINTENANCE
* * * * * * *
subtitle C—

Environmental Provisions
SEC. 321.
[10 U.S.C. 2701 note]

SETTLEMENT OF CLAIMS OF FOREIGN GOVERNMENTS FOR ENVIRONMENTAL CLEANUP OF OVERSEAS SITES FORMERLY USED BY THE DEPARTMENT OF DEFENSE.
(a)

Notice of Negotiations.—
The President shall notify Congress before entering into any negotiations for the ex-gratia settlement of the claims of a government of another country against the United States for environmental cleanup of sites in that country that were formerly used by the Department of Defense.
(b)

Authorization Required for Use of Funds for Payment of Settlement.—
No funds may be used for any payment under an ex-gratia settlement of any claims described in subsection (a) unless the use of the funds for that purpose is specifically authorized by law or international agreement, including a treaty.
SEC. 322.

AUTHORITY TO PAY NEGOTIATED SETTLEMENT FOR ENVIRONMENTAL CLEANUP OF FORMERLY USED DEFENSE SITES IN CANADA.
(a)

Findings.—
Congress makes the following findings with respect to the authorization of payment of settlement with Canada in subsection (b) regarding environmental cleanup at formerly used defense sites in Canada:
(1)
A unique and longstanding national security alliance exists between the United States and Canada.
(2)
The sites covered by the settlement were formerly used by the United States and Canada for their mutual defense.
(3)
There is no formal treaty or international agreement between the United States and Canada regarding the environmental cleanup of the sites.
(4)
Environmental contamination at some of the sites could pose a substantial risk to the health and safety of the United States citizens residing in States near the border between the United States and Canada.
(5)
The United States and Canada reached a negotiated agreement for an ex-gratia reimbursement of Canada in full satisfaction of claims of Canada relating to environmental contamination which agreement was embodied in an exchange of Notes between the Government of the United States and the Government of Canada.
(6)
There is a unique factual basis for authorizing a reimbursement of Canada for environmental cleanup at sites in Canada after the United States departure from such sites.
(7)
The basis for and authorization of such reimbursement does not extend to similar claims by other nations.
(8)
The Government of Canada is committed to spending the entire $100,000,000 of the reimbursement authorized in subsection (b) in the United States, which will benefit United States industry and United States workers.
(b)

Authority To Make Payments.—
(1)
Subject to subsection (c), the Secretary of Defense may, using funds specified under subsection (d), make a payment described in paragraph (2) for each fiscal year through fiscal year 2008 for purposes of the ex-gratia reimbursement of Canada in full satisfaction of any and all claims asserted against the United States by Canada for environmental cleanup of sites in Canada that were formerly used for the mutual defense of the United States and Canada.
(2)
A payment referred to in paragraph (1) is a payment of $10,000,000, in constant fiscal year 1996 dollars, into the Foreign Military Sales Trust Account for purposes of Canada.
(c)

Condition on Authority for Subsequent Fiscal Years.—
A payment may be made under subsection (b) for a fiscal year after fiscal year 1999 only if the Secretary of Defense submits to Congress with the budget for such fiscal year under section 1105 of title 31, United States Code, evidence that the cumulative amount expended by the Government of Canada for environmental cleanup activities in Canada during any fiscal years before such fiscal year in which a payment under that subsection was authorized was an amount equal to or greater than the aggregate amount of the payments under that subsection during such fiscal years.
(d)

Source of Funds.—
(1)
The payment under subsection (b) for fiscal year 1998 shall be made from amounts appropriated pursuant to section 301(5) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1669).
(2)
The payment under subsection (b) for fiscal year 1999 shall be made from amounts appropriated pursuant to section 301(5).
(3)
For a fiscal year after fiscal year 1999, a payment may be made under subsection (b) from amounts appropriated pursuant to the authorization of appropriations for the Department of Defense for such fiscal year for Operation and Maintenance, Defense-Wide.
* * * * * * *
SEC. 571.
[10 U.S.C. 520 note]

PILOT PROGRAM FOR TREATING GED AND HOME SCHOOL DIPLOMA RECIPIENTS AS HIGH SCHOOL GRADUATES FOR DETERMINATIONS OF ELIGIBILITY FOR ENLISTMENT IN THE ARMED FORCES.
(a)

Program Required.—
The Secretary of Defense shall establish a pilot program to assess whether the Armed Forces could better meet recruiting requirements by treating GED recipients and home school diploma recipients as having graduated from high school with a high school diploma for the purpose of determining the eligibility of those persons to enlist in the Armed Forces. The Secretary of each military department shall administer the pilot program for the Armed Force or armed forces under the jurisdiction of that Secretary.
(b)

Persons Eligible Under the Pilot Program as High School Graduates.—
Under the pilot program, a person shall be treated as having graduated from high school with a high school diploma for the purpose described in subsection (a) if—
(1)
the person has completed a general education development program while participating in the National Guard Challenge Program under section 509 of title 32, United States Code, and is a GED recipient; or
(2)
the person is a home school diploma recipient and provides a transcript demonstrating completion of high school to the military department involved under the pilot program.
(c)

GED and Home School Diploma Recipients.—
For the purposes of this section—
(1)
a person is a GED recipient if the person, after completing a general education development program, has obtained certification of high school equivalency by meeting State requirements and passing a State approved exam that is administered for the purpose of providing an appraisal of the person's achievement or performance in the broad subject matter areas usually required for high school graduates; and
(2)
a person is a home school diploma recipient if the person has received a diploma for completing a program of education through the high school level at a home school, without regard to whether the home school is treated as a private school under the law of the State in which located.
(d)

Annual Limit on Number.—
Not more than 1,250 GED recipients and home school diploma recipients enlisted by an armed force during a fiscal year may be treated under the pilot program as having graduated from high school with a high school diploma.
(e)

Duration of Pilot Program.—
The pilot program shall be in effect during the period beginning on October 1, 1998, and ending on September 30, 2003.
(f)

Report.—
Not later than February 1, 2004, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the pilot program. The report shall include the following, set forth separately for GED recipients and home school diploma recipients:
(1)
The assessment of the Secretary of Defense, and any assessment of any of the Secretaries of the military departments, regarding the value of, and any necessity for, authority to treat GED recipients and home school diploma recipients as having graduated from high school with a high school diploma for the purpose of determining the eligibility of those persons to enlist in the Armed Forces.
(2)
A comparison (shown by armed force and by each fiscal year of the pilot program) of the performance of the persons who enlisted during the fiscal year as GED or home school diploma recipients treated under the pilot program as having graduated from high school with a high school diploma with the performance of the persons who enlisted in that armed force during the same fiscal year after having graduated from high school with a high school diploma, with respect to the following:
(A)
Attrition.
(B)
Discipline.
(C)
Adaptability to military life.
(D)
Aptitude for mastering the skills necessary for technical specialties.
(E)
Reenlistment rates.
(g)

State Defined.—
For purposes of this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories of the United States.
DIVISION A—

DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE VII—

HEALTH CARE PROVISIONS
* * * * * * *
subtitle C—

Health Care Services for Medicare-Eligible Department of Defense Beneficiaries
* * * * * * *
SEC. 722.
[10 U.S.C. 1073 note]

TRICARE AS SUPPLEMENT TO MEDICARE DEMONSTRATION.
(a)

In General.—
(1)
The Secretary of Defense shall, after consultation with the other administering Secretaries, carry out a demonstration project in order to assess the feasibility and advisability of providing medical care coverage under the TRICARE program to the individuals described in subsection (c). The demonstration project shall be known as the “TRICARE Senior Supplement”.
(2)
The Secretary shall commence the demonstration project not later than January 1, 2000, and shall terminate the demonstration project not later than December 31, 2002.
(3)
Under the demonstration project, the Secretary shall permit eligible individuals described in subsection (c) to enroll in the TRICARE program.
(4)
Payment for care and services received by eligible individuals who enroll in the TRICARE program under the demonstration project shall be made as follows:
(A)
First, under title XVIII of the Social Security Act, but only to the extent that payment for such care and services is provided for under that title.
(B)
Second, under the TRICARE program, but only to the extent that payment for such care and services is provided under that program and is not provided for under subparagraph (A).
(C)
Third, by the eligible individual concerned, but only to the extent that payment for such care and services is not provided for under subparagraph (A) or (B).
(5)
(A)
The Secretary shall require each eligible individual who enrolls in the TRICARE program under the demonstration project to pay an enrollment fee. The Secretary shall provide, to the extent feasible, the option of payment of the enrollment fee through electronic transfers of funds and through withholding of such payment from the pay of a member or former member of the Armed Forces, and shall provide the option that payment of the enrollment fee be made in full at the beginning of the enrollment period or that payments be made on a monthly or quarterly basis.
(B)
The amount of the enrollment fee charged an eligible individual under subparagraph (A) for self-only or family enrollment in any year may not exceed the amount equal to 75 percent of the total subscription charges in that year for self-only or family, respectively, fee-for-service coverage under the health benefits plan under the Federal Employees Health Benefits program under chapter 89 of title 5, United States Code, that is most similar in coverage to the TRICARE program.
(6)
A covered beneficiary who enrolls in TRICARE Senior Supplement under this subsection shall not be eligible to receive health care at a facility of the uniformed services during the period such enrollment is in effect.
(b)

Evaluation; Review.—
(1)
The Secretary shall provide for an evaluation of the demonstration project conducted under this subsection by an appropriate person or entity that is independent of the Department of Defense. The evaluation shall include the following:
(A)
An analysis of the costs of the demonstration project to the United States and to the eligible individuals who participate in such demonstration project.
(B)
An assessment of the extent to which the demonstration project satisfies the requirements of such eligible individuals for the health care services available under the demonstration project.
(C)
An assessment of the effect, if any, of the demonstration project on military medical readiness.
(D)
A description of the rate of the enrollment in the demonstration project of the individuals who were eligible to enroll in the demonstration project.
(E)
An assessment of whether the demonstration project provides the most suitable model for a program to provide adequate health care services to the population of individuals consisting of the eligible individuals.
(F)
An evaluation of any other matters that the Secretary considers appropriate.
(2)
The Comptroller General shall review the evaluation conducted under paragraph (1). In carrying out the review, the Comptroller General shall—
(A)
assess the validity of the processes used in the evaluation; and
(B)
assess the validity of any findings under the evaluation, including any limitations with respect to the data contained in the evaluation as a result of the size and design of the demonstration project.
(3)
(A)
The Secretary shall submit a report on the results of the evaluation under paragraph (1), together with the evaluation, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than December 31, 2002.
(B)
The Comptroller General shall submit a report on the results of the review under paragraph (2) to the committees referred to in subparagraph (A) not later than February 15, 2003.
(c)

Eligible Individuals.—
An individual is eligible to participate under this section if the individual is a member or former member of the uniformed services described in section 1074(b) of title 10, United States Code, a dependent of the member described in section 1076(a)(2)(B) or 1076(b) of that title, or a dependent of a member of the uniformed services who died while on active duty for a period of more than 30 days, who—
(1)
is 65 years of age or older;
(2)
is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.);
(3)
is enrolled in the supplemental medical insurance program under part B of such title XVIII (42 U.S.C. 1395j et seq.); and
(4)
resides in an area selected by the Secretary under subsection (d).
(d)

Areas of Implementation.—
(1)
The Secretary shall carry out the demonstration project under this section in two separate areas selected by the Secretary.
(2)
The areas selected by the Secretary under paragraph (1) shall be as follows:
(A)
One area shall be an area outside the catchment area of a military medical treatment facility in which—
(i)
no eligible organization has a contract in effect under section 1876 of the Social Security Act (42 U.S.C. 1395mm) and no Medicare+Choice organization has a contract in effect under part C of title XVIII of that Act (42 U.S.C. 1395w–21); or
(ii)
the aggregate number of enrollees with an eligible organization with a contract in effect under section 1876 of that Act or with a Medicare+Choice organization with a contract in effect under part C of title XVIII of that Act is less than 2.5 percent of the total number of individuals in the area who are entitled to hospital insurance benefits under part A of title XVIII of that Act.
(B)
The other area shall be an area outside the catchment area of a military medical treatment facility in which—
(i)
at least one eligible organization has a contract in effect under section 1876 of that Act or one Medicare+Choice organization has a contract in effect under part C of title XVIII of that Act; and
(ii)
the aggregate number of enrollees with an eligible organization with a contract in effect under section 1876 of that Act or with a Medicare+Choice organization with a contract in effect under part C of title XVIII of that Act exceeds 10 percent of the total number of individuals in the area who are entitled to hospital insurance benefits under part A of title XVIII of that Act.
(e)

Definitions.—
In this section:
(1)
The term “administering Secretaries” has the meaning given that term in section 1072(3) of title 10, United States Code.
(2)
The term “TRICARE program” has the meaning given that term in section 1072(7) of title 10, United States Code.
SEC. 723.
[10 U.S.C. 1073 note]

IMPLEMENTATION OF REDESIGN OF PHARMACY SYSTEM.
(a)

In General.—
Not later than April 1, 2001, the Secretary of Defense shall implement, with respect to eligible individuals described in subsection (e), the redesign of the pharmacy system under TRICARE (including the mail-order and retail pharmacy benefit under TRICARE) to incorporate “best business practices” of the private sector in providing pharmaceuticals, as developed under the plan described in section 703.
(b)

Program Requirements.—
The same coverage for pharmacy services and the same requirements for cost sharing and reimbursement as are applicable under section 1086 of title 10, United States Code, shall apply with respect to the program required by subsection (a).
(c)

Evaluation.—
The Secretary shall provide for an evaluation of the implementation of the redesign of the pharmacy system under TRICARE under this section by an appropriate person or entity that is independent of the Department of Defense. The evaluation shall include the following:
(1)
An analysis of the costs of the implementation of the redesign of the pharmacy system under TRICARE and to the eligible individuals who participate in the system.
(2)
An assessment of the extent to which the implementation of such system satisfies the requirements of the eligible individuals for the health care services available under TRICARE.
(3)
An assessment of the effect, if any, of the implementation of the system on military medical readiness.
(4)
A description of the rate of the participation in the system of the individuals who were eligible to participate.
(5)
An evaluation of any other matters that the Secretary considers appropriate.
(d)

Reports.—
The Secretary shall submit two reports on the results of the evaluation under subsection (c), together with the evaluation, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. The first report shall be submitted not later than December 31, 2001, and the second report shall be submitted not later than December 31, 2003.
(e)

Eligible Individuals.—
(1)
An individual is eligible to participate under this section if the individual is a member or former member of the uniformed services described in section 1074(b) of title 10, United States Code, a dependent of the member described in section 1076(a)(2)(B) or 1076(b) of that title, or a dependent of a member of the uniformed services who died while on active duty for a period of more than 30 days, who—
(A)
is 65 years of age or older;
(B)
is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); and
(C)
except as provided in paragraph (2), is enrolled in the supplemental medical insurance program under part B of such title XVIII (42 U.S.C. 1395j et seq.).
(2)
Paragraph (1)(C) shall not apply in the case of an individual who, before April 1, 2001, has attained the age of 65 and did not enroll in the program described in such paragraph.
SEC. 724.
[10 U.S.C. 1108 note]

COMPREHENSIVE EVALUATION OF IMPLEMENTATION OF DEMONSTRATION PROJECTS AND TRICARE PHARMACY REDESIGN.
Not later than March 31, 2003, the Comptroller General shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report containing a comprehensive comparative analysis of the FEHBP demonstration project conducted under section 1108 of title 10, United States Code (as added by section 721), the TRICARE Senior Supplement under section 722, and the redesign of the TRICARE pharmacy system under section 723. The comprehensive analysis shall incorporate the findings of the evaluation submitted under section 723(c) and the report submitted under subsection (j) of such section 1108.
* * * * * * *
SEC. 745.
[10 U.S.C. 1071 note]

JOINT DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS REPORTS RELATING TO INTERDEPARTMENTAL COOPERATION IN THE DELIVERY OF MEDICAL CARE.
(a)

Findings.—
Congress makes the following findings:
(1)
The military health care system of the Department of Defense and the Veterans Health Administration of the Department of Veterans Affairs are national institutions that collectively manage more than 1,500 hospitals, clinics, and health care facilities worldwide to provide services to more than 11,000,000 beneficiaries.
(2)
In the post-Cold War era, these institutions are in a profound transition that involves challenging opportunities.
(3)
During the period from 1988 to 1998, the number of military medical personnel has declined by 15 percent and the number of military hospitals has been reduced by one-third.
(4)
During the 2 years since 1996, the Department of Veterans Affairs has revitalized its structure by decentralizing authority into 22 Veterans Integrated Service Networks.
(5)
In the face of increasing costs of medical care, increased demands for health care services, and increasing budgetary constraints, the Department of Defense and the Department of Veterans Affairs have embarked on a variety of dynamic and innovative cooperative programs ranging from shared services to joint venture operations of medical facilities.
(6)
In 1984, there was a combined total of 102 Department of Veterans Affairs and Department of Defense facilities with sharing agreements. By 1997, that number had grown to 420. During the six years from fiscal year 1992 through fiscal year 1997, shared services increased from slightly over 3,000 services to more than 6,000 services, ranging from major medical and surgical services, laundry, blood, and laboratory services to unusual speciality care services.
(7)
The Department of Defense and the Department of Veterans Affairs are conducting four health care joint ventures in New Mexico, Nevada, Texas, and Oklahoma, and are planning to conduct four more such ventures in Alaska, Florida, Hawaii, and California.
(b)

Sense of Congress.—
It is the sense of Congress that—
(1)
the Department of Defense and the Department of Veterans Affairs should be commended for the cooperation between the two departments in the delivery of medical care, of which the cooperation involved in the establishment and operation of the Department of Defense and the Department of Veterans Affairs Executive Council is a praiseworthy example;
(2)
the Department of Defense and the Department of Veterans Affairs are encouraged to continue to explore new opportunities to enhance the availability and delivery of medical care to beneficiaries by further enhancing the cooperative efforts of the departments; and
(3)
enhanced cooperation between the Department of Defense and the Department of Veterans Affairs is encouraged regarding—
(A)
the general areas of access to quality medical care, identification and elimination of impediments to enhanced cooperation, and joint research and program development; and
(B)
the specific areas in which there is significant potential to achieve progress in cooperation in a short term, including computerization of patient records systems, participation of the Department of Veterans Affairs in the TRICARE program, pharmaceutical programs, and joint physical examinations.
(c)

Joint Survey of Populations Served.—
(1)
The Secretary of Defense and the Secretary of Veterans Affairs shall jointly conduct a survey of their respective medical care beneficiary populations to identify, by category of beneficiary (defined as the Secretaries consider appropriate), the expectations of, requirements for, and behavior patterns of the beneficiaries with respect to medical care. The two Secretaries shall develop the protocol for the survey jointly, but shall obtain the services of an entity independent of the Department of Defense and the Department of Veterans Affairs to carry out the survey.
(2)
The survey shall include the following:
(A)
Demographic characteristics, economic characteristics, and geographic location of beneficiary populations with regard to catchment or service areas.
(B)
The types and frequency of care required by veterans, retirees, and dependents within catchment or service areas of Department of Defense and Department of Veterans Affairs medical facilities and outside those areas.
(C)
The numbers of, characteristics of, and types of medical care needed by the veterans, retirees, and dependents who, though eligible for medical care in Department of Defense or Department of Veterans Affairs treatment facilities or through other federally funded medical programs, choose not to seek medical care from those facilities or under those programs, and the reasons for that choice.
(D)
The obstacles or disincentives for seeking medical care from such facilities or under such programs that are perceived by veterans, retirees, and dependents.
(E)
Any other matters that the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate for the survey.
(3)
The Secretary of Defense or the Secretary of Veterans Affairs may waive the survey requirements under this subsection with respect to information that can be better obtained from a source other than the survey.
(4)
The Secretary of Defense and the Secretary of Veterans Affairs shall submit a report on the results of the survey to the appropriate committees of Congress. The report shall contain the matters described in paragraph (2) and any proposals for legislation that the Secretaries recommend for enhancing Department of Defense and Department of Veterans Affairs cooperative efforts with respect to the delivery of medical care.
(d)

Review of Law and Policies.—
(1)
The Secretary of Defense and the Secretary of Veterans Affairs shall jointly conduct a review to identify impediments to cooperation between the Department of Defense and the Department of Veterans Affairs regarding the delivery of medical care. The matters reviewed shall include the following:
(A)
All laws, policies, and regulations, and any attitudes of beneficiaries of the health care systems of the two departments, that have the effect of preventing the establishment, or limiting the effectiveness, of cooperative health care programs of the departments.
(B)
The requirements and practices involved in the credentialling and licensure of health care providers.
(C)
The perceptions of beneficiaries in a variety of categories (defined as the Secretaries consider appropriate) regarding the various Federal health care systems available for their use.
(D)
The types and frequency of medical services furnished by the Department of Defense and the Department of Veterans Affairs through cooperative arrangements to each category of beneficiary (including active-duty members, retirees, dependents, veterans in the health-care eligibility categories referred to as Category A and Category C, and persons authorized to receive medical care under section 1713 of title 38, United States Code) of the other department.
(E)
The extent to which health care facilities of the Department of Defense and Department of Veterans Affairs have sufficient capacity, or could jointly or individually create sufficient capacity, to provide services to beneficiaries of the other department without diminution of access or services to their primary beneficiaries.
(F)
The extent to which the recruitment of scarce medical specialists and allied health personnel by the Department of Defense and the Department of Veterans Affairs could be enhanced through cooperative arrangements for providing health care services.
(G)
The obstacles and disincentives to providing health care services through cooperative arrangements between the Department of Defense and the Department of Veterans Affairs.
(2)
The Secretaries shall jointly submit a report on the results of the review to the appropriate committees of Congress. The report shall include any proposals for legislation that the Secretaries recommend for eliminating or reducing impediments to interdepartmental cooperation that are identified during the review.
(e)

Participation in TRICARE.—
The Secretary of Defense shall review the TRICARE program to identify opportunities for increased participation by the Department of Veterans Affairs in that program. The ongoing collaboration between Department of Defense officials and Department of Veterans Affairs officials regarding increased participation shall be included among the matters reviewed.
(f)

Pharmaceutical Benefits and Programs.—
(1)
The Department of Defense-Department of Veterans Affairs Federal Pharmacy Executive Steering Committee shall—
(A)
undertake a comprehensive examination of existing pharmaceutical benefits and programs for beneficiaries of Department of Defense medical care programs, including matters relating to the purchasing, distribution, and dispensing of pharmaceuticals and the management of mail order pharmaceuticals programs; and
(B)
review the existing methods for contracting for and distributing medical supplies and services.
(2)
The committee shall submit a report on the results of the examination to the appropriate committees of Congress.
(g)

Standardization of Physical Examinations for Disability.—
The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the status of the efforts of the Department of Defense and the Department of Veterans Affairs to standardize physical examinations administered by the two departments for the purpose of determining or rating disabilities.
(h)

Appropriate Committees of Congress Defined.—
For the purposes of this section, the appropriate committees of Congress are as follows:
(1)
The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate.
(2)
The Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.
(i)

Deadlines for Submission of Reports.—
(1)
The report required by subsection (c)(3) shall be submitted not later than January 1, 2000.
(2)
The report required by subsection (d)(2) shall be submitted not later than March 1, 1999.
(3)
The semiannual report required by subsection (e)(2) shall be submitted not later than March 1 and September 1 of each year.
(4)
The report on the examination required under subsection (f) shall be submitted not later than 60 days after the completion of the examination.
(5)
The report required by subsection (g) shall be submitted not later than March 1, 1999.
SEC. 1061.
[5 U.S.C. 5520a note]

PILOT PROGRAM ON ALTERNATIVE NOTICE OF RECEIPT OF LEGAL PROCESS FOR GARNISHMENT OF FEDERAL PAY FOR CHILD SUPPORT AND ALIMONY.
(a)

Program Required.—
The Secretary of Defense shall conduct a pilot program on alternative notice procedures for withholding or garnishment of pay for the payment of child support and alimony under section 459 of the Social Security Act (42 U.S.C. 659).
(b)

Purpose.—
The purpose of the pilot program is to test the efficacy of providing notice in accordance with subsection (c) to the person whose pay is to be withheld or garnished.
(c)

Authorization of Alternative To Providing Copy of Notice or Service Received by the Secretary.—
(1)
Under the pilot program, whenever the Secretary of Defense (acting through the DOD section 459 agent) provides a section 459 notice to an individual, the Secretary may include as part of that notice the information specified in subsection (e) in lieu of sending with that notice a copy (otherwise required pursuant to the parenthetical phrase in section 459(c)(2)(A) of the Social Security Act) of the notice or service received by the DOD section 459 agent with respect to that individual's child support or alimony payment obligations.
(2)
Under the pilot program, whenever the Secretary of Defense (acting through the DOD section 5520a agent) provides a section 5520a notice to an individual, the Secretary may include as part of that notice the information specified in subsection (e) in lieu of sending with that notice a copy (otherwise required pursuant to the second parenthetical phrase in section 5520a(c) of title 5, United States Code) of the legal process received by the DOD section 5520a agent with respect to that individual.
(d)

Definitions.—
For purposes of this section:
(1)

DOD section 459 agent.—
The term “DOD section 459 agent” means the agent or agents designated by the Secretary of Defense under subsection (c)(1)(A) of section 459 of the Social Security Act (42 U.S.C. 659) to receive orders and accept service of process in matters related to child support or alimony.
(2)

Section 459 notice.—
The term “section 459 notice” means, with respect to the Department of Defense, the notice required by subsection (c)(2)(A) of section 459 of the Social Security Act (42 U.S.C. 659) to be sent to an individual in writing upon the receipt by the DOD section 459 agent of notice or service with respect to the individual's child support or alimony payment obligations.
(3)

DOD section 5520a agent.—
The term “DOD section 5520a agent” means a person who is designated by law or regulation to accept service of process to which the Department of Defense is subject under section 5520a of title 5, United States Code (including the regulations promulgated under subsection (k) of that section).
(4)

Section 5520a notice.—
The term “section 5520a notice” means, with respect to the Department of Defense, the notice required by subsection (c) of section 5520a of title 5, United States Code, to be sent in writing to an employee (or, pursuant to the regulations promulgated under subsection (k) of that section, to a member of the Armed Forces) upon the receipt by the DOD section 5520a agent of legal process covered by that section.
(e)

Alternative Requirements.—
The information referred to in subsection (c) that is to be included as part of a section 459 notice or section 5520a notice sent to an individual (in lieu of sending with that notice a copy of the notice or service received by the DOD section 459 agent or the DOD section 5520a agent) is the following:
(1)
A description of the pertinent court order, notice to withhold, or other order, process, or interrogatory received by the DOD section 459 agent or the DOD section 5520a agent.
(2)
The identity of the court or judicial forum involved and (in the case of a notice or process concerning the ordering of a support or alimony obligation) the case number, the amount of the obligation, and the name of the beneficiary.
(3)
Information on how the individual may obtain from the Department of Defense a copy of the notice, service, or legal process, including an address and telephone number that the individual may be contacted for the purpose of obtaining such a copy.
(f)

Period of Pilot Program.—
The Secretary shall commence the pilot program not later than 90 days after the date of the enactment of this Act. The pilot program shall terminate on September 30, 2001.
(g)

Report.—
Not later than January 1, 2001, the Secretary shall submit to Congress a report describing the experience of the Department of Defense under the authority provided by this section. The report shall include the following:
(1)
The number of section 459 notices provided by the DOD section 459 agent during the period the authority provided by this section was in effect.
(2)
The number of individuals who requested the DOD section 459 agent to provide to them a copy of the actual notice or service.
(3)
Any complaint the Secretary received by reason of not having provided the actual notice or service in the section 459 notice.
(4)
The number of section 5520a notices provided by the DOD section 5520a agent during the period the authority provided by this section was in effect.
(5)
The number of individuals who requested the DOD section 5520a agent to provide to them a copy of the actual legal process.
(6)
Any complaint the Secretary received by reason of not having provided the actual legal process in the section 5520a notice.
[Section 1101 was repealed by section 1121(b) of division A of Public Law 114-328.]
TITLE XII—

MATTERS RELATING TO OTHER NATIONS
* * * * * * *
subtitle C—

Matters Relating to NATO and Europe
SEC. 1221.
[22 U.S.C. 1928]

LIMITATION ON UNITED STATES SHARE OF COSTS OF NATO EXPANSION.
(a)

Limitation.—
The United States share of defined NATO expansion costs may not exceed the lesser of—
(1)
the amount equal to 25 percent of those costs; or
(2)
$2,000,000,000.
(b)

Defined NATO Expansion Costs.—
For purposes of subsection (a), the term “defined NATO expansion costs” means the commonly funded costs of the North Atlantic Treaty Organization (NATO) during fiscal years 1999 through 2011 for enlargement of NATO due to the admission to NATO of Poland, Hungary, and the Czech Republic.
* * * * * * *
subtitle D—

Other Matters
SEC. 1231.
[10 U.S.C. 405 note]

LIMITATION ON ASSIGNMENT OF UNITED STATES FORCES FOR CERTAIN UNITED NATIONS PURPOSES.
(a)

Limitation on Participation in United Nations Rapidly Deployable Mission Headquarters.—
If members of the Armed Forces are assigned during fiscal year 1999 to the United Nations Rapidly Deployable Mission Headquarters, the number of members so assigned may not exceed eight at any time during that year.
(b)

Prohibition.—
No funds available to the Department of Defense may be used—
(1)
for a monetary contribution to the United Nations for the establishment of a standing international force under the United Nations; or
(2)
to assign or detail any member of the Armed Forces to duty with a United Nations Stand By Force.
SEC. 1232.
[10 U.S.C. 111 note]

PROHIBITION ON RESTRICTION OF ARMED FORCES UNDER KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE.
(a)

In General.—
Notwithstanding any other provision of law, no provision of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, or any regulation issued pursuant to such protocol, shall restrict the training or operations of the United States Armed Forces or limit the military equipment procured by the United States Armed Forces.
(b)

Waiver.—
A provision of law may not be construed as modifying or superseding the provisions of subsection (a) unless that provision of law—
(1)
specifically refers to this section; and
(2)
specifically states that such provision of law modifies or supersedes the provisions of this section.
(c)

Matters Not Affected.—
Nothing in this section shall be construed to preclude the Department of Defense from implementing any measure to achieve efficiencies or for any other reason independent of the Kyoto Protocol.
* * * * * * *
TITLE XIII—

COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
* * * * * * *
SEC. 1304.
[22 U.S.C. 5952 note]

LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION ACTIVITIES IN RUSSIA.
(a)

Limitation.—
Subject to the limitation in section 1405(b) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1961), no funds authorized to be appropriated for Cooperative Threat Reduction programs under this Act or any other Act may be obligated or expended for chemical weapons destruction activities in Russia (including activities for the planning, design, or construction of a chemical weapons destruction facility or for the dismantlement of an existing chemical weapons production facility) until the President submits to Congress a written certification described in subsection (b).
(b)

Presidential Certification.—
A certification under this subsection is either of the following certifications by the President:
(1)
A certification that—
(A)
Russia is making reasonable progress toward the implementation of the Bilateral Destruction Agreement;
(B)
the United States and Russia have made substantial progress toward the resolution, to the satisfaction of the United States, of outstanding compliance issues under the Wyoming Memorandum of Understanding and the Bilateral Destruction Agreement; and
(C)
Russia has fully and accurately declared all information regarding its unitary and binary chemical weapons, chemical weapons facilities, and other facilities associated with chemical weapons.
(2)
A certification that the national security interests of the United States could be undermined by a policy of the United States not to carry out chemical weapons destruction activities under Cooperative Threat Reduction programs for which funds are authorized to be appropriated under this Act or any other Act for fiscal year 1999.
(c)

Definitions.—
In this section:
(1)
The term “Bilateral Destruction Agreement” means the Agreement Between the United States of America and the Union of Soviet Socialist Republics on Destruction and Non-production of Chemical Weapons and on Measures to Facilitate the Multilateral Convention on Banning Chemical Weapons signed on June 1, 1990.
(2)
The term “Wyoming Memorandum of Understanding” means the Memorandum of Understanding Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Regarding a Bilateral Verification Experiment and Data Exchange Related to Prohibition on Chemical Weapons, signed at Jackson Hole, Wyoming, on September 23, 1989.
* * * * * * *
TITLE XIV—

DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
SEC. 1401.
[50 U.S.C. 2301 note]

SHORT TITLE.
This title may be cited as the “Defense Against Weapons of Mass Destruction Act of 1998”.
SEC. 1402.
[50 U.S.C. 2301 note]

DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS OF MASS DESTRUCTION.
(a)

Enhanced Response Capability.—
In light of the continuing potential for terrorist use of weapons of mass destruction against the United States and the need to develop a more fully coordinated response to that threat on the part of Federal, State, and local agencies, the President shall act to increase the effectiveness at the Federal, State, and local level of the domestic emergency preparedness program for response to terrorist incidents involving weapons of mass destruction by utilizing the President's existing authorities to develop an integrated program that builds upon the program established under the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104–201; 110 Stat. 2714; 50 U.S.C. 2301 et seq.).
(b)

Report.—
Not later than January 31, 1999, the President shall submit to Congress a report containing information on the actions taken at the Federal, State, and local level to develop an integrated program to prevent and respond to terrorist incidents involving weapons of mass destruction.
SEC. 1403.

REPORT ON DOMESTIC EMERGENCY PREPAREDNESS.
[Section 1403 was repealed by 889(b)(2) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2251).]
SEC. 1404.
[50 U.S.C. 2301 note]

THREAT AND RISK ASSESSMENTS.
(a)

Threat and Risk Assessments.—
Assistance to Federal, State, and local agencies provided under the program under section 1402 shall include the performance of assessments of the threat and risk of terrorist employment of weapons of mass destruction against cities and other local areas. Such assessments shall be used by Federal, State, and local agencies to determine the training and equipment requirements under this program and shall be performed as a collaborative effort with State and local agencies.
(b)

Conduct of Assessments.—
The Department of Justice, as lead Federal agency for domestic crisis management in response to terrorism involving weapons of mass destruction, shall—
(1)
conduct any threat and risk assessment performed under subsection (a) in coordination with appropriate Federal, State, and local agencies; and
(2)
develop procedures and guidance for conduct of the threat and risk assessment in consultation with officials from the intelligence community.
SEC. 1405.
[50 U.S.C. 2301 note]

ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION.
(a)

Requirement for Panel.—
The Secretary of Defense, in consultation with the Attorney General, the Secretary of Energy, the Secretary of Health and Human Services, and the Director of the Federal Emergency Management Agency, shall enter into a contract with a federally funded research and development center to establish a panel to assess the capabilities for domestic response to terrorism involving weapons of mass destruction.
(b)

Composition of Panel; Selection.—
(1)
The panel shall be composed of members who shall be private citizens of the United States with knowledge and expertise in emergency response matters.
(2)
Members of the panel shall be selected by the federally funded research and development center in accordance with the terms of the contract established pursuant to subsection (a).
(c)

Procedures for Panel.—
The federally funded research and development center shall be responsible for establishing appropriate procedures for the panel, including procedures for selection of a panel chairman.
(d)

Duties of Panel.—
The panel shall—
(1)
assess Federal agency efforts to enhance domestic preparedness for incidents involving weapons of mass destruction;
(2)
assess the progress of Federal training programs for local emergency responses to incidents involving weapons of mass destruction;
(3)
assess deficiencies in programs for response to incidents involving weapons of mass destruction, including a review of unfunded communications, equipment, and planning requirements, and the needs of maritime regions;
(4)
recommend strategies for ensuring effective coordination with respect to Federal agency weapons of mass destruction response efforts, and for ensuring fully effective local response capabilities for weapons of mass destruction incidents; and
(5)
assess the appropriate roles of State and local government in funding effective local response capabilities.
(e)

Deadline To Enter Into Contract.—
The Secretary of Defense shall enter into the contract required under subsection (a) not later than 60 days after the date of the enactment of this Act.
(f)

Deadline for Selection of Panel Members.—
Selection of panel members shall be made not later than 30 days after the date on which the Secretary enters into the contract required by subsection (a).
(g)

Initial Meeting of the Panel.—
The panel shall conduct its first meeting not later than 30 days after the date that all the selections to the panel have been made.
(h)

Reports.—
(1)
Not later than 6 months after the date of the first meeting of the panel, the panel shall submit to the President and to Congress an initial report setting forth its findings, conclusions, and recommendations for improving Federal, State, and local domestic emergency preparedness to respond to incidents involving weapons of mass destruction.
(2)
Not later than December 15 of each year, beginning in 1999 and ending in 2003, the panel shall submit to the President and to the Congress a report setting forth its findings, conclusions, and recommendations for improving Federal, State, and local domestic emergency preparedness to respond to incidents involving weapons of mass destruction.
(i)

Cooperation of Other Agencies.—
(1)
The panel may secure directly from the Department of Defense, the Department of Energy, the Department of Health and Human Services, the Department of Justice, and the Federal Emergency Management Agency, or any other Federal department or agency information that the panel considers necessary for the panel to carry out its duties.
(2)
The Attorney General, the Secretary of Defense, the Secretary of Energy, the Secretary of Health and Human Services, the Director of the Federal Emergency Management Agency, and any other official of the United States shall provide the panel with full and timely cooperation in carrying out its duties under this section.
(j)

Funding.—
The Secretary of Defense shall provide the funds necessary for the panel to carry out its duties from the funds available to the Department of Defense for weapons of mass destruction preparedness initiatives.
(k)

Compensation of Panel Members.—
The provisions of paragraph (4) of section 591(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in section 101(d) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277; 112 Stat. 2681–212)), shall apply to members of the panel in the same manner as to members of the National Commission on Terrorism under that paragraph.
(l)

Termination of the Panel.—
The panel shall terminate five years after the date of the appointment of the member selected as chairman of the panel.
(m)

Definition.—
In this section, the term “weapon of mass destruction” has the meaning given that term in section 1403(1) of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).
Subtitle B—

Satellite Export Controls
SEC. 1502.
[22 U.S.C. 2593a note]

TRANSMISSION OF EXECUTIVE BRANCH REPORTS PROVIDING CONGRESS WITH CLASSIFIED SUMMARIES OF ARMS CONTROL DEVELOPMENTS.
(a)

Reporting Requirement.—
The Director of the Arms Control and Disarmament Agency (or the Secretary of State, if the Arms Control and Disarmament Agency becomes an element of the Department of State) shall transmit to the Committee on Armed Services of the House of Representatives on a periodic basis reports containing classified summaries of arms control developments.
(b)

Contents of Reports.—
The reports required by subsection (a) shall include information reflecting the activities of forums established to consider issues relating to treaty implementation and treaty compliance.
SEC. 1511.
[22 U.S.C. 2778 note]

SENSE OF CONGRESS.
It is the sense of Congress that—
(1)
United States business interests must not be placed above United States national security interests;
(2)
United States foreign policy and the policies of the United States regarding commercial relations with other countries should affirm the importance of observing and adhering to the Missile Technology Control Regime (MTCR);
(3)
the United States should encourage universal observance of the Guidelines to the Missile Technology Control Regime;
(4)
the exportation or transfer of advanced communication satellites and related technologies from United States sources to foreign recipients should not increase the risks to the national security of the United States;
(5)
due to the military sensitivity of the technologies involved, it is in the national security interests of the United States that United States satellites and related items be subject to the same export controls that apply under United States law and practices to munitions;
(6)
the United States should not issue any blanket waiver of the suspensions contained in section 902 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246), regarding the export of satellites of United States origin intended for launch from a launch vehicle owned by the People's Republic of China;
(7)
the United States should pursue policies that protect and enhance the United States space launch industry; and
(8)
the United States should not export to the People's Republic of China missile equipment or technology that would improve the missile or space launch capabilities of the People's Republic of China.
SEC. 1512.
[22 U.S.C. 2778 note]

CERTIFICATION OF EXPORTS OF MISSILE EQUIPMENT OR TECHNOLOGY TO CHINA.
(a)

Certification.—
The President shall certify to the Congress at least 15 days in advance of any export to the People's Republic of China of missile equipment or technology (as defined in section 74 of the Arms Export Control Act (22 U.S.C. 2797c)) that—
(1)
such export is not detrimental to the United States space launch industry; and
(2)
the missile equipment or technology, including any indirect technical benefit that could be derived from such export, will not measurably improve the missile or space launch capabilities of the People's Republic of China.
(b)

Exception.—
The certification requirement contained in subsection (a) shall not apply to the export of inertial reference units and components in manned civilian aircraft or supplied as spare or replacement parts for such aircraft.
SEC. 1513.
[22 U.S.C. 2778 note]

SATELLITE CONTROLS UNDER THE UNITED STATES MUNITIONS LIST.
[Note: Subsection (a) was repealed by section 1261(a)(1) of Division A of Public Law 112–239; enacted January 2, 2013.]
(b)

Defense Trade Controls Registration Fees.—
[Omitted—Amendments]
(c)

Effective Date.—
The amendments made by subsection (b) shall be effective as of October 1, 1998.
(d)

Report.—
Not later than January 1, 1999, the Secretary of State, in consultation with the Secretary of Defense and the Secretary of Commerce, shall submit to Congress a report containing—
(1)
a detailed description of the plans of the Department of State to implement the requirements of this section, including any organizational changes that are required and any Executive orders or regulations that may be required;
(2)
an identification and explanation of any steps that should be taken to improve the license review process for exports of the satellites and related items described in subsection (a), including measures to shorten the timelines for license application reviews, and any measures relating to the transparency of the license review process and dispute resolution procedures;
(3)
an evaluation of the adequacy of resources available to the Department of State, including fiscal and personnel resources, to carry out the additional activities required by this section; and
(4)
any recommendations for additional actions, including possible legislation, to improve the export licensing process under the Arms Export Control Act for the satellites and related items described in subsection (a).
SEC. 1514.
[22 U.S.C. 2778 note]

NATIONAL SECURITY CONTROLS ON SATELLITE EXPORT LICENSING.
(a)

Actions by the President.—
Notwithstanding any other provision of law, the President shall take such actions as are necessary to implement the following requirements for improving national security controls in the export licensing of satellites and related items:
(1)

Mandatory technology control plans.—
All export licenses shall require a technology transfer control plan approved by the Secretary of Defense and an encryption technology transfer control plan approved by the Director of the National Security Agency.
(2)

Mandatory monitors and reimbursement.—
(A)

Monitoring of proposed foreign launch of satellites.—
In any case in which a license is approved for the export of a satellite or related items for launch in a foreign country, the Secretary of Defense shall monitor all aspects of the launch in order to ensure that no unauthorized transfer of technology occurs, including technical assistance and technical data. The costs of such monitoring services shall be fully reimbursed to the Department of Defense by the person or entity receiving such services. All reimbursements received under this subparagraph shall be credited to current appropriations available for the payment of the costs incurred in providing such services.
(B)

Contents of monitoring.—
The monitoring under subparagraph (A) shall cover, but not be limited to—
(i)
technical discussions and activities, including the design, development, operation, maintenance, modification, and repair of satellites, satellite components, missiles, other equipment, launch facilities, and launch vehicles;
(ii)
satellite processing and launch activities, including launch preparation, satellite transportation, integration of the satellite with the launch vehicle, testing and checkout prior to launch, satellite launch, and return of equipment to the United States;
(iii)
activities relating to launch failure, delay, or cancellation, including post-launch failure investigations; and
(iv)
all other aspects of the launch.
(3)

Mandatory licenses for crash-investigations.—
In the event of the failure of a launch from a foreign country of a satellite of United States origin—
(A)
the activities of United States persons or entities in connection with any subsequent investigation of the failure are subject to the controls established under section 38 of the Arms Export Control Act, including requirements for licenses issued by the Secretary of State for participation in that investigation;
(B)
officials of the Department of Defense shall monitor all activities associated with the investigation to insure against unauthorized transfer of technical data or services; and
(C)
the Secretary of Defense shall establish and implement a technology transfer control plan for the conduct of the investigation to prevent the transfer of information that could be used by the foreign country to improve its missile or space launch capabilities.
(4)

Mandatory notification and certification.—
All technology transfer control plans for satellites or related items shall require any United States person or entity involved in the export of a satellite of United States origin or related items to notify the Department of Defense in advance of all meetings and interactions with any foreign person or entity providing launch services and require the United States person or entity to certify after the launch that it has complied with this notification requirement.
(5)

Mandatory intelligence community review.—
The Secretary of Commerce and the Secretary of State shall provide to the Secretary of Defense and the Director of Central Intelligence copies of all export license applications and technical assistance agreements submitted for approval in connection with launches in foreign countries of satellites to verify the legitimacy of the stated end-user or end-users.
(6)

Mandatory sharing of approved licenses and agreements.—
The Secretary of State shall provide copies of all approved export licenses and technical assistance agreements associated with launches in foreign countries of satellites to the Secretaries of Defense and Energy, the Director of Central Intelligence, and the Director of the Arms Control and Disarmament Agency.
(7)

Mandatory notification to congress on licenses.—
Upon issuing a license for the export of a satellite or related items for launch in a foreign country, the head of the department or agency issuing the license shall so notify Congress.
(8)

Mandatory reporting on monitoring activities.—
The Secretary of Defense shall provide to Congress an annual report on the monitoring of all launches in foreign countries of satellites of United States origin.
(9)

Establishing safeguards program.—
The Secretary of Defense shall establish a program for recruiting, training, and maintaining a staff dedicated to monitoring launches in foreign countries of satellites and related items of United States origin.
(b)

Exception.—
This section shall not apply to the export of a satellite or related items for launch in, or by nationals of, a country that is a member of the North Atlantic Treaty Organization or that is a major non-NATO ally of the United States.
(c)

Effective Date.—
The President shall take the actions required by subsection (a) not later than 45 days after the date of the enactment of this Act.
SEC. 1515.
[22 U.S.C. 2778 note]

REPORT ON EXPORT OF SATELLITES FOR LAUNCH BY PEOPLE'S REPUBLIC OF CHINA.
(a)

Requirement for Report.—
Each report to Congress submitted pursuant to subsection (b) of section 902 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 2151 note; Public Law 101–246) to waive the restrictions contained in subsection (a) of that section on the export to the People's Republic of China of any satellite of United States origin or related items shall be accompanied by a detailed justification setting forth the following:
(1)
A detailed description of all militarily sensitive characteristics integrated within, or associated with, the satellite.
(2)
An estimate of the number of United States civilian contract personnel expected to be needed in country to carry out the proposed satellite launch.
(3)
(A)
A detailed description of the United States Government's plan to monitor the proposed satellite launch to ensure that no unauthorized transfer of technology occurs, together with an estimate of the number of officers and employees of the United States that are expected to be needed in country to carry out monitoring of the proposed satellite launch; and
(B)
the estimated cost to the Department of Defense of monitoring the proposed satellite launch and the amount of such cost that is to be reimbursed to the department.
(4)
The reasons why the proposed satellite launch is in the national security interest of the United States.
(5)
The impact of the proposed export on employment in the United States, including the number of new jobs created in the United States, on a State-by-State basis, as a direct result of the proposed export.
(6)
The number of existing jobs in the United States that would be lost, on a State-by-State basis, as a direct result of the proposed export not being licensed.
(7)
The impact of the proposed export on the balance of trade between the United States and the People's Republic of China and on reducing the current United States trade deficit with the People's Republic of China.
(8)
The impact of the proposed export on the transition of the People's Republic of China from a nonmarket economy to a market economy and the long-term economic benefit to the United States.
(9)
The impact of the proposed export on opening new markets to United States-made products through the purchase by the People's Republic of China of United States-made goods and services not directly related to the proposed export.
(10)
The impact of the proposed export on reducing acts, policies, and practices that constitute significant trade barriers to United States exports or foreign direct investment in the People's Republic of China by United States nationals.
(11)
The increase that will result from the proposed export in the overall market share of the United States for goods and services in comparison to Japan, France, Germany, the United Kingdom, and Russia.
(12)
The impact of the proposed export on the willingness of the People's Republic of China to modify its commercial and trade laws, practices, and regulations to make United States-made goods and services more accessible to that market.
(13)
The impact of the proposed export on the willingness of the People's Republic of China to reduce formal and informal trade barriers and tariffs, duties, and other fees on United States-made goods and services entering that country.
(b)

Militarily Sensitive Characteristics Defined.—
In this section, the term “militarily sensitive characteristics” includes antijamming capability, antennas, crosslinks, baseband processing, encryption devices, radiation-hardened devices, propulsion systems, pointing accuracy, kick motors, and other such characteristics as are specified by the Secretary of Defense.
SEC. 1516.
[22 U.S.C. 2778 note]

RELATED ITEMS DEFINED.
In this subtitle, the term “related items” means the satellite fuel, ground support equipment, test equipment, payload adapter or interface hardware, replacement parts, and non-embedded solid propellant orbit transfer engines described in the report submitted to Congress by the Department of State on February 6, 1998, pursuant to section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)).
SEC. 1522.
[50 U.S.C. APP. 2404 note]

RELEASE OF EXPORT INFORMATION BY DEPARTMENT OF COMMERCE TO OTHER AGENCIES FOR PURPOSE OF NATIONAL SECURITY ASSESSMENT.
(a)

Release of Export Information.—
The Secretary of Commerce shall, upon the written request of an official specified in subsection (c), transmit to that official any information relating to exports that is held by the Department of Commerce and is requested by that official for the purpose of assessing national security risks. The Secretary shall transmit such information within 10 business days after receiving such a request.
(b)

Nature of Information.—
The information referred to in subsection (a) includes information concerning—
(1)
export licenses issued by the Department of Commerce;
(2)
exports that were carried out under an export license issued by the Department of Commerce; and
(3)
exports from the United States that were carried out without an export license.
(c)

Requesting Officials.—
The officials referred to in subsection (a) are the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the Director of Central Intelligence. Each of those officials may delegate to any other official within their respective departments and agency the authority to request information under subsection (a).
SEC. 1523.
[42 U.S.C. 2155 note]

NUCLEAR EXPORT REPORTING REQUIREMENT.
(a)

Notification of Congress.—
The President shall notify the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives upon the granting of a license by the Nuclear Regulatory Commission for the export or reexport of any nuclear-related technology or equipment, including source material, special nuclear material, or equipment or material especially designed or prepared for the processing, use, or production of special nuclear material.
(b)

Applicability.—
The requirements of this section shall apply only to an export or reexport to a country that—
(1)
the President has determined is a country that has detonated a nuclear explosive device; and
(2)
is not a member of the North Atlantic Treaty Organization.
(c)

Content of Notification.—
The notification required pursuant to this section shall include—
(1)
a detailed description of the articles or services to be exported or reexported, including a brief description of the capabilities of any article to be exported or reexported;
(2)
an estimate of the number of officers and employees of the United States Government and of United States Government civilian contract personnel expected to be required in such country to carry out the proposed export or reexport;
(3)
the name of each licensee expected to provide the article or service proposed to be sold and a description from the licensee of any offset agreements proposed to be entered into in connection with such sale (if known on the date of transmittal of such statement);
(4)
the projected delivery dates of the articles or services to be exported or reexported; and
(5)
the extent to which the recipient country in the previous two years has engaged in any of the actions specified in subparagraph (A), (B), or (C) of section 129(2) of the Atomic Energy Act of 1954.
TITLE XXIX—

JUNIPER BUTTE RANGE WITHDRAWAL1
Sec.2901.Short title.
Sec.2902.Withdrawal and reservation.
Sec.2903.Map and legal description.
Sec.2904.Agency agreement.
Sec.2905.Right-of-way grants.
Sec.2906.Indian sacred sites.
Sec.2907.Actions concerning ranching operations in withdrawn area.
Sec.2908.Management of withdrawn and reserved lands.
Sec.2909.Integrated natural resource management plan.
Sec.2910.Memorandum of understanding.
Sec.2911.Maintenance of roads.
Sec.2912.Management of withdrawn and acquired mineral resources.
Sec.2913.Hunting, fishing, and trapping.
Sec.2914.Water rights.
Sec.2915.Duration of withdrawal.
Sec.2916.Environmental remediation of relinquished withdrawn lands or upon
termination of withdrawal.
Sec.2917.Delegation of authority.
Sec.2918.Hold harmless.
Sec.2919.Authorization of appropriations.
SEC. 2901.

SHORT TITLE.
This title may be cited as the “Juniper Butte Range Withdrawal Act”.
^1
This title is part of division B of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Pub. Law 105–261).
SEC. 2902.

WITHDRAWAL AND RESERVATION.
(a)

Withdrawal.—
Subject to valid existing rights and except as otherwise provided in this title, the lands at the Juniper Butte Range, Idaho, referred to in subsection (c), are withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws but not the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.).
(b)

Reserved Uses.—
The lands withdrawn under subsection (a) are reserved for use by the Secretary of the Air Force for—
(1)
a high hazard training area;
(2)
dropping non-explosive training ordnance with spotting charges;
(3)
electronic warfare and tactical maneuvering and air support; and
(4)
other defense-related purposes consistent with the purposes specified in paragraphs (1), (2), and (3), including continued natural resource management and environmental remediation in accordance with section 2916.
(c)

Site Development Plans.—
(1)
Site development plans shall be prepared before construction.
(2)
Site development plans shall be incorporated in the integrated natural resource management plan developed under section 2909.
(3)
Except in the case of any minimal improvements, development on the withdrawn lands of any facilities beyond those proposed and analyzed in the Environmental Impact Statement concerning Enhanced Training in Idaho, prepared by the Secretary of the Air Force, the Record of Decision dated March 10, 1998, concerning Enhanced Training in Idaho, prepared by the Secretary of the Air Force, and the site development plans shall be contingent upon review and approval of the Idaho State Director of the Bureau of Land Management.
(d)

General Description.—
(1)
The public lands withdrawn and reserved by this section comprise approximately 11,300 acres of public land in Owhyee County, Idaho, as generally depicted on the map entitled “Juniper Butte Range Withdrawal—Proposed”, dated June 1998, that will be filed in accordance with section 2903.
(2)
The withdrawal is for an approximately 10,600-acre tactical training range, a 640-acre no-drop target site, four 5-acre no-drop target sites and nine 1-acre electronic threat emitter sites.
SEC. 2903.

MAP AND LEGAL DESCRIPTION.
(a)

In General.—
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 and reserved by this title; and
(2)
file a map or maps and the legal description of the lands withdrawn and reserved by this title with the Committee on Energy and Natural Resources of the Senate and with the Committee on Resources of the House of Representatives.
(b)

Incorporation by Reference.—
Such maps and legal description shall have the same force and effect as if included in this title.
(c)

Correction of Errors.—
The Secretary of the Interior may correct clerical and typographical errors in such map or maps and legal description.
(d)

Availability.—
Copies of such map or maps and the legal description shall be available for public inspection in the following offices:
(1)
The office of the Idaho State Director of the Bureau of Land Management.
(2)
The offices of the managers of the Lower Snake River District, Bureau Field Office and Jarbidge Field Office of the Bureau of Land Management.
(3)
The Office of the commander of Mountain Home Air Force Base, Idaho.
(e)

Utilization of Air Force Descriptions and Maps.—
To the extent practicable, the Secretary of the Interior shall adopt the legal description and maps prepared by the Secretary of the Air Force in support of this title.
(f)

Reimbursement of Costs.—
The Secretary of the Air Force shall reimburse the Secretary of the Interior for the costs incurred by the Department of the Interior in implementing this section.
SEC. 2904.

AGENCY AGREEMENT.
(a)

Findings.—
Congress makes the following findings:
(1)
The Bureau of Land Management and the Air Force have agreed upon additional mitigation measures associated with this land withdrawal as specified in the “ENHANCED TRAINING IN IDAHO Memorandum of Understanding Between The Bureau of Land Management and The United States Air Force” dated June 11, 1998.
(2)
This agreement specifies that these mitigation measures will be adopted as part of the Air Force's Record of Decision for Enhanced Training in Idaho.
(3)
Congress endorses this collaborative effort between the agencies and directs that the agreement be implemented.
(b)

Modification.—
The parties may, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), mutually agree to modify the mitigation measures specified in the agreement in light of experience gained through the actions called for in the agreement or as a result of changed military circumstances.
(c)

Construction.—
Neither the agreement, any modification thereof, nor this section creates any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any person.
SEC. 2905.

RIGHT-OF-WAY GRANTS.
In addition to the withdrawal under section 2902 and in accordance with all applicable laws, the Secretary of the Interior shall process and grant the Secretary of the Air Force rights-of-way using the Department of the Interior regulations and policies in effect at the time of filing applications for the one-quarter acre electronic warfare threat emitter sites, roads, powerlines, and other ancillary facilities as described and analyzed in the Enhanced Training in Idaho Final Environmental Impact Statement, dated January 1998.
SEC. 2906.

INDIAN SACRED SITES.
(a)

Management.—
(1)
In the management of the Federal lands withdrawn and reserved by this title, the Air Force shall, to the extent practicable and not clearly inconsistent with essential agency functions—
(A)
accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners; and
(B)
avoid adversely affecting the integrity of such sacred sites.
(2)
The Secretary of the Air Force shall maintain the confidentiality of such sites where appropriate.
(b)

Consultation.—
The commander of Mountain Home Air Force Base, Idaho, shall regularly consult with the Tribal Chairman of the Shoshone-Paiute Tribes of the Duck Valley Reservation to assure that tribal government rights and concerns are fully considered during the development of the Juniper Butte Range.
(c)

Definitions.—
In this section:
(1)
The term “sacred site” shall mean any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion but only to the extent that the tribe or appropriately authoritative representative of an Indian religion has informed the Air Force of the existence of such a site.
(2)
The term “Indian tribe” means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–1).
(3)
The term “Indian” refers to a member of an Indian tribe.
SEC. 2907.

ACTIONS CONCERNING RANCHING OPERATIONS IN WITHDRAWN AREA.
(a)

Authority To Conclude and Implement Agreements.—
The Secretary of the Air Force is authorized and directed to, upon such terms and conditions as the Secretary of the Air Force considers just and in the national interest, conclude and implement agreements with the grazing permittees to provide appropriate consideration, including future grazing arrangements.
(b)

Implementation.—
(1)
Upon the conclusion of these agreements, the Assistant Secretary of the Interior for Land and Minerals Management shall grant rights-of-way and approvals and take such actions as are necessary to implement promptly this title and the agreements with the grazing permittees.
(2)
The Secretary of the Air Force and the Secretary of the Interior shall allow the grazing permittees for lands withdrawn and reserved by this title to continue their activities on the lands in accordance with the permits and their applicable regulations until the Secretary of the Air Force has fully implemented the agreement with the grazing permittees under this section.
(3)
Upon the implementation of these agreements, the Bureau of Land Management is authorized and directed, subject to the limitations included in this section, to terminate grazing on the lands withdrawn.
SEC. 2908.

MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.
(a)

In General.—
Except as provided in section 2916(d), during the withdrawal and reservation of any lands under this title, the Secretary of the Air Force shall manage such lands for purposes relating to the uses set forth in section 2902(b).
(b)

Management According To Plan.—
The lands withdrawn and reserved by this title shall be managed in accordance with the provisions of this title under the integrated natural resources management plan prepared under section 2909.
(c)

Authority To Close Land.—
(1)
If the Secretary of the Air Force determines that military operations, public safety, or the interests of national security require the closure to public use of any road, trail, or other portion of the lands withdrawn by this title that are commonly in public use, the Secretary of the Air Force may take such action.
(2)
Closures under paragraph (1) shall be limited to the minimum areas and periods required for the purposes specified in this subsection.
(3)
During closures, the Secretary of the Air Force shall keep appropriate warning notices posted and take appropriate steps to notify the public about the closures.
(d)

Lease Authority.—
The Secretary of the Air Force may enter into leases for State lands with the State of Idaho in support of the Juniper Butte Range and operations at the Juniper Butte Range.
(e)

Prevention and Suppression of Fire.—
(1)
The Secretary of the Air Force shall take appropriate precautions to prevent and suppress brush fires and range fires that occur within the boundaries of the Juniper Butte Range, as well as brush and range fires occurring outside the boundaries of the Range resulting from military activities.
(2)
Notwithstanding section 2465 of title 10, United States Code, the Secretary of the Air Force may obligate funds appropriated or otherwise available to the Secretary to enter into contracts for fire-fighting.
(3)
(A)
The memorandum of understanding under section 2910 shall provide for the Bureau of Land Management to assist the Secretary of the Air Force in the suppression of the fires described in paragraph (1).
(B)
The memorandum of understanding shall provide that the Secretary of the Air Force reimburse the Bureau of Land Management for any costs incurred by the Bureau of Land Management under this paragraph.
(f)

Use of Mineral Materials.—
Notwithstanding any other provision of this title or the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.), the Secretary of the Air Force may use, from the lands withdrawn and reserved by this title, sand, gravel, or similar mineral material resources of the type subject to disposition under the Act of July 31, 1947, when the use of such resources is required for construction needs of the Juniper Butte Range.
SEC. 2909.

INTEGRATED NATURAL RESOURCE MANAGEMENT PLAN.
(a)

Requirement.—
(1)
(A)
Not later than 2 years after the date of the enactment of this Act, the Secretary of the Air Force shall, in cooperation with the Secretary of the Interior, the State of Idaho, and Owyhee County, Idaho, develop an integrated natural resources management plan to address the management of the resources of the lands withdrawn and reserved by this title during their withdrawal and reservation under this title.
(B)
Additionally, the integrated natural resource management plan shall address mitigation and monitoring activities by the Air Force for State and Federal lands affected by military training activities associated with the Juniper Butte Range.
(C)
The foregoing will be done cooperatively between the Air Force, the Bureau of Land Management, the State of Idaho, and Owyhee County, Idaho.
(2)
Except as otherwise provided under this title, the integrated natural resources management plan under this section shall be developed in accordance with, and meet the requirements of, section 101 of the Sikes Act (16 U.S.C. 670a).
(3)
(A)
Site development plans shall be prepared before construction of facilities.
(B)
Such plans shall be reviewed by the Bureau of Land Management, for Federal lands, and the State of Idaho, for State lands, for consistency with the proposal assessed in the Enhanced Training in Idaho Environmental Impact Statement.
(C)
The portion of such development plans describing reconfigurable or replacement targets may be conceptual.
(b)

Elements.—
The integrated natural resources management plan under subsection (a) shall—
(1)
include provisions for the proper management and protection of the natural, cultural, and other resources and values of the lands withdrawn and reserved by this title and for the use of such resources in a manner consistent with the uses set forth in section 2902(b);
(2)
permit livestock grazing at the discretion of the Secretary of the Air Force in accordance with section 2907 or any other authorities relating to livestock grazing that are available to that Secretary;
(3)
permit fencing, water pipeline modifications and extensions, and the construction of aboveground water reservoirs, and the maintenance and repair of these items on the lands withdrawn and reserved by this title, and on other lands under the jurisdiction of the Bureau of Land Management; and
(4)
otherwise provide for the management by the Secretary of the Air Force of any lands withdrawn and reserved by this title while retained under the jurisdiction of that Secretary under this title.
(c)

Periodic Review.—
The Secretary of the Air Force shall, in cooperation with the Secretary of the Interior and the State of Idaho, review the adequacy of the provisions of the integrated natural resources management plan developed under this section at least once every 5 years after the effective date of the plan.
SEC. 2910.

MEMORANDUM OF UNDERSTANDING.
(a)

Requirement.—
The Secretary of the Air Force, the Secretary of the Interior, and the Governor of the State of Idaho shall jointly enter into a memorandum of understanding to implement the integrated natural resources management plan required under section 2909.
(b)

Term.—
The memorandum of understanding under subsection (a) shall apply to any lands withdrawn and reserved by this title until their relinquishment by the Secretary of the Air Force under this title.
(c)

Modification.—
The memorandum of understanding under subsection (a) may be modified by agreement of all the parties specified in that subsection.
SEC. 2911.

MAINTENANCE OF ROADS.
The Secretary of the Air Force shall enter into agreements with the Owyhee County Highway District, Idaho, and the Three Creek Good Roads Highway District, Idaho, under which the Secretary of the Air Force shall pay the costs of road maintenance incurred by such districts that are attributable to operations of the Department of the Air Force associated with the Juniper Butte Range.
SEC. 2912.

MANAGEMENT OF WITHDRAWN AND ACQUIRED MINERAL RESOURCES.
Except as provided in subsection 2908(f), the Secretary of the Interior shall manage all withdrawn and acquired mineral resources within the boundaries of the Juniper Butte Range in accordance with the Act of February 28, 1958 (commonly known as the Engle Act; 43 U.S.C. 155 et seq.).
SEC. 2913.

HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn and reserved by this title shall be conducted in accordance with section 2671 of title 10, United States Code.
SEC. 2914.

WATER RIGHTS.
(a)

Limitation.—
The Secretary of the Air Force shall not seek or obtain any water rights associated with any water pipeline modified or extended, or aboveground water reservoir constructed, for purposes of consideration under section 2907.
(b)

New Rights.—
(1)
Nothing in this title shall be construed to establish a reservation in favor of the United States with respect to any water or water right on the lands withdrawn and reserved by this title.
(2)
Nothing in this title shall be construed to authorize the appropriation of water on the lands withdrawn and reserved by this title by the United States after the date of the enactment of this Act unless such appropriation is carried out in accordance with the laws of the State of Idaho.
(c)

Applicability.—
This section may not be construed to affect any water rights acquired by the United States before the date of the enactment of this Act.
SEC. 2915.

DURATION OF WITHDRAWAL.
(a)

Termination—
(1)
Except as otherwise provided in this section and section 2916, the withdrawal and reservation made by this title shall terminate 25 years after the date of the enactment of this Act.
(2)
At the time of termination, the previously withdrawn lands shall not be open to the general land laws, including the mining laws and the mineral and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order which shall state the date upon which such lands shall be opened.
(b)

Relinquishment.—
(1)
If the Secretary of the Air Force determines under subsection (c) that the Air Force has no continuing military need for any lands withdrawn and reserved by this title, the Secretary of the Air Force shall submit to the Secretary of the Interior a notice of intent to relinquish jurisdiction over such lands to the Secretary of the Interior.
(2)
The Secretary of the Interior may accept jurisdiction over any lands covered by a notice of intent to relinquish jurisdiction under paragraph (1) if the Secretary of the Interior determines that the Secretary of the Air Force has completed the environmental review required under section 2916(a) and the conditions under section 2916(c) have been met.
(3)
If the Secretary of the Interior decides to accept jurisdiction over lands under paragraph (2) before the date of termination, as provided for in subsection (a)(1), the Secretary of the Interior shall publish in the Federal Register an appropriate order which shall—
(A)
revoke the withdrawal and reservation of such lands under this title;
(B)
constitute official acceptance of administrative jurisdiction over the lands by the Secretary of the Interior; and
(C)
state the date upon which such lands shall be opened to the operation of the general land laws, including the mining laws and the mineral and geothermal leasing laws, if appropriate.
(4)
The Secretary of the Interior shall manage any lands relinquished under this subsection as multiple use status lands.
(5)
If the Secretary of the Interior declines pursuant to subsection (b)(2) to accept jurisdiction of any parcel of land proposed for relinquishment, that parcel shall remain under the continued administration of the Secretary of the Air Force pursuant to section 2916(d).
(c)

Extension.—
(1)
In the case of any lands withdrawn and reserved by this title that the Air Force proposes to include in a notice of extension because of continued military need under paragraph (2), the Secretary of the Air Force shall, before issuing the notice under paragraph (2)—
(A)
evaluate the environmental effects of the extension of the withdrawal and reservation of such lands in accordance with all applicable laws and regulations; and
(B)
hold at least one public meeting in the State of Idaho regarding that evaluation.
(2)
(A)
Not later than 2 years before the termination of the withdrawal and reservation of lands by this title under subsection (a), the Secretary of the Air Force shall notify Congress and the Secretary of the Interior as to whether or not the Air Force has a continuing military need for any of the lands withdrawn and reserved by this title, and not previously relinquished under this section, after the termination date as specified in subsection (a).
(B)
(i)
The Secretary of the Air force shall specify in the notice under subparagraph (A) the duration of any extension or further extension of withdrawal and reservation of such lands under this title.
(ii)
The duration of each extension or further extension under clause (i) shall not exceed 25 years.
(C)
The notice under subparagraph (A) shall be published in the Federal Register and a newspaper of local distribution with the opportunity for comments, within a 60-day period, which shall be provided to the Secretary of the Air Force and the Secretary of the Interior.
(3)
(A)
Subject to subparagraph (B), in the case of any lands withdrawn and reserved by this title that are covered by a notice of extension under subsection (c)(2), the withdrawal and reservation of such lands shall extend under the provisions of this title after the termination date otherwise provided for under subsection (a) for such period as is specified in the notice under subsection (c)(2).
(B)
Subparagraph (A) shall not apply with respect to any lands covered by a notice referred to in that paragraph until 90 legislative days after the date on which the notice with respect to such lands is submitted to Congress under paragraph (2).
SEC. 2916.

ENVIRONMENTAL REMEDIATION OF RELINQUISHED WITHDRAWN LANDS OR UPON TERMINATION OF WITHDRAWAL.
(a)

Environmental Review.—
(1)
Before submitting under section 2915 a notice of an intent to relinquish jurisdiction over lands withdrawn and reserved by this title, and in all cases not later than 2 years before the date of termination of withdrawal and reservation, the Secretary of the Air Force shall, in consultation with the Secretary of the Interior, complete a review that fully characterizes the environmental conditions of such lands (including any water and air associated with such lands) in order to identify any contamination on such lands.
(2)
The Secretary of the Air Force shall submit to the Secretary of the Interior a copy of the review prepared with respect to any lands under paragraph (1). The Secretary of the Air Force shall also submit at the same time any notice of intent to relinquish jurisdiction over such lands under section 2915.
(3)
The Secretary of the Air Force shall submit a copy of any such review to Congress.
(b)

Environmental Remediation of Lands.—
The Secretary of the Air Force shall, in accordance with applicable State and Federal law, carry out and complete environmental remediation—
(1)
before relinquishing jurisdiction to the Secretary of the Interior over any lands identified in a notice of intent to relinquish under section 2915(b); or
(2)
before the date of termination of the withdrawal and reservation, except as provided under subsection (d).
(c)

Postponement of Relinquishment.—
The Secretary of the Interior shall not accept jurisdiction over any lands that are the subject of activities under subsection (b) until the Secretary of the Interior determines that environmental conditions on the lands are such that—
(1)
all necessary environmental remediation has been completed by the Secretary of the Air Force;
(2)
the lands are safe for nonmilitary uses; and
(3)
the lands could be opened consistent with the Secretary of the Interior's public land management responsibilities.
(d)

Jurisdiction When Withdrawal Terminates.—
If the determination required by section (c) cannot be achieved for any parcel of land subject to the withdrawal and reservation before the termination date of the withdrawal and reservation, the Secretary of the Air Force shall retain administrative jurisdiction over such parcels of land notwithstanding the termination date for the limited purposes of—
(1)
environmental remediation activities under subsection (b); and
(2)
any activities relating to the management of such lands after the termination of the withdrawal reservation for military purposes that are provided for in the integrated natural resources management plan under section 2909.
(e)

Effect on Other Laws.—
Nothing in this title shall affect, or be construed to affect, the obligations, if any, of the Secretary of the Air Force to decontaminate lands withdrawn by this title pursuant to applicable law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 2917.

DELEGATION OF AUTHORITY.
(a)

Department of the Air Force Functions.—
Except for executing the agreement referred to in section 2907, the Secretary of the Air Force may delegate that Secretary's functions under this title.
(b)

Department of the Interior Functions.—
(1)
Except as provided in paragraph (2), the Secretary of the Interior may delegate that Secretary's functions under this title.
(2)
The order referred to in section 2915(b)(3) may be approved and signed only by the Secretary of the Interior, the Deputy Secretary of the Interior, or an Assistant Secretary of the Interior.
(3)
The approvals granted by the Bureau of Land Management shall be pursuant to the decisions of the Secretary of the Interior, or the Assistant Secretary for Land and Minerals Management.
SEC. 2918.

HOLD HARMLESS.
Any party conducting any mining, mineral, or geothermal leasing activity on lands withdrawn and reserved by this title shall indemnify the United States against any costs, fees, damages, or other liabilities (including costs of litigation) incurred by the United States and arising from or relating to such mining activities, including costs of mineral materials disposal, whether arising under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), or otherwise.
SEC. 2919.

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this title.
* * * * * * *
TITLE XXXIII—

NATIONAL DEFENSE STOCKPILE
SEC. 3301.
[50 U.S.C. 98d note]

DEFINITIONS.
In this title:
(1)
The term “National Defense Stockpile” means the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2)
The term “National Defense Stockpile Transaction Fund” means the fund in the Treasury of the United States established under section 9(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(a)).
* * * * * * *
SEC. 3303.
[50 U.S.C. 98d note]

AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE.
(a)

Disposal Required.—
Subject to subsection (c), the President shall dispose of materials contained in the National Defense Stockpile and specified in the table in subsection (b) so as to result in receipts to the United States in total amounts not less than—
(1)
$105,000,000 by the end of fiscal year 1999;
(2)
$460,000,000 by the end of fiscal year 2002;
(3)
$555,000,000 by the end of fiscal year 2003;
(4)
$785,000,000 by the end of fiscal year 2005;
(5)
$900,000,000 by the end of fiscal year 2010;
(6)
$1,000,000,000 by the end of fiscal year 2013; and
(7)
$1,386,000,000 by the end of fiscal year 2016.
(b)

Limitations on Disposal Authority.—
(1)
The total quantities of materials authorized for disposal by the President under subsection (a) may not exceed the amounts set forth in the following table:
Authorized Stockpile Disposals
Material for disposal | Quantity
Bauxite Refractory | 29,000 long calcined ton
Beryllium Metal | 100 short tons
Chromite Chemical | 34,000 short dry tons
Chromite Refractory | 159,000 short dry tons
Chromium Ferroalloy | 125,000 short tons
Columbium Carbide Powder | 21,372 pounds of contained Columbium
Columbium Concentrates | 1,733,454 pounds of contained Columbium
Columbium Ferro | 249,396 pounds of contained Columbium
Columbium Metal—Ingots | 161,123 pounds of contained Columbium
Diamond, Stones | 3,000,000 carats
Germanium Metal | 28,198 kilograms
Graphite Natural Ceylon Lump | 5,492 short tons
Indium | 14,248 troy ounces
Mica Muscovite Block | 301,000 pounds
Mica Phlogopite Block | 130,745 pounds
Platinum | 439,887 troy ounces
Platinum—Iridium | 4,450 troy ounces
Platinum—Palladium | 750,000 troy ounces
Tantalum Carbide Powder | 22,688 pounds of contained Tantalum
Tantalum Metal Ingots | 125,000 pounds of contained Tantalum
Tantalum Metal Powder | 125,000 pounds of contained Tantalum
Tantalum Minerals | 1,751,364 pounds of contained Tantalum
Tantalum Oxide | 122,730 pounds of contained Tantalum
Tungsten Carbide Powder | 2,032,896 pounds of contained Tungsten
Tungsten Ferro | 2,024,143 pounds of contained Tungsten
Tungsten Metal Powder | 1,898,009 pounds of contained Tungsten
Tungsten Ores & Concentrates | 76,358,235 pounds of contained Tungsten
(2)
The President may not dispose of materials under this section in excess of the disposals necessary to result in receipts in the total amount specified in subsection (a)(5).
(c)

Minimization of Disruption and Loss.—
The President may not dispose of materials under subsection (a) to the extent that the disposal will result in—
(1)
undue disruption of the usual markets of producers, processors, and consumers of the materials proposed for disposal; or
(2)
avoidable loss to the United States.
(d)

Treatment of Receipts.—
Notwithstanding section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds received as a result of the disposal of materials authorized for disposal under subsection (a) shall be treated as follows:
(1)
The following amounts shall be transferred to the Secretary of Health and Human Services, to be credited in the manner determined by the Secretary to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund:
(A)
$3,000,000 during fiscal year 1999.
(B)
$22,000,000 during fiscal year 2000.
(C)
$28,000,000 during fiscal year 2001.
(D)
$31,000,000 during fiscal year 2002.
(E)
$8,000,000 during fiscal year 2003.
(2)
The balance of the funds received shall be deposited into the general fund of the Treasury.
(e)

Relationship to Other Disposal Authority.—
The disposal authority provided in subsection (a) is new disposal authority and is in addition to, and shall not affect, any other disposal authority provided by law regarding the materials specified in such subsection.
(f)

Authorization of Sale.—
The authority provided by this section to dispose of materials contained in the National Defense Stockpile so as to result in receipts of $100,000,000 of the amount specified for fiscal year 1999 in subsection (a) by the end of that fiscal year shall be effective only to the extent provided in advance in appropriation Acts.
TITLE XXXIV—

NAVAL PETROLEUM RESERVES
SEC. 3401.
[10 U.S.C. 8720 note]

DEFINITIONS.
In this title:
(1)
The term “naval petroleum reserves” has the meaning given the term in section 7420(2) of title 10, United States Code.
(2)
The term “Naval Petroleum Reserve Numbered 2” means the naval petroleum reserve, commonly referred to as the Buena Vista unit, that is located in Kern County, California, and was established by Executive order of the President, dated December 13, 1912.
(3)
The term “Naval Petroleum Reserve Numbered 3” means the naval petroleum reserve, commonly referred to as the Teapot Dome unit, that is located in the State of Wyoming and was established by Executive order of the President, dated April 30, 1915.
(4)
The term “Oil Shale Reserve Numbered 2” means the naval petroleum reserve that is located in the State of Utah and was established by Executive order of the President, dated December 6, 1916.
(5)
The term “antitrust laws” has the meaning given the term in section 1(a) of the Clayton Act (15 U.S.C. 12(a)), except that the term also includes—
(A)
the Act of June 19, 1936 (15 U.S.C. 13 et seq.; commonly known as the Robinson-Patman Act); and
(B)
section 5 of the Federal Trade Commission Act (15 U.S.C. 45), to the extent that such section applies to unfair methods of competition.
(6)
The term “petroleum” has the meaning given the term in section 7420(3) of title 10, United States Code.
SEC. 3402.
[10 U.S.C. 8720 note]

AUTHORIZATION OF APPROPRIATIONS.
(a)

Amount.—
There are hereby authorized to be appropriated to the Secretary of Energy $22,500,000 for fiscal year 1999 for the purpose of carrying out—
(1)
activities under chapter 641 of title 10, United States Code, relating to the naval petroleum reserves;
(2)
closeout activities at Naval Petroleum Reserve Numbered 1 upon the sale of that reserve under subtitle B of title XXXIV of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 7420 note); and
(3)
activities under this title relating to the disposition of Naval Petroleum Reserve Numbered 2, Naval Petroleum Reserve Numbered 3, and Oil Shale Reserve Numbered 2.
(b)

Period of Availability.—
Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.
SEC. 3403.
[10 U.S.C. 8720 note]

DISPOSAL OF NAVAL PETROLEUM RESERVE NUMBERED 2.
(a)

Disposal of Ford City Lots Authorized.—
(1)
Subject to section 3406, the Secretary of Energy may dispose of the portion of Naval Petroleum Reserve Numbered 2 that is located within the town lots in Ford City, California, which are identified as “Drill Sites Numbered 3A, 4, 6, 9A, 20, 22, 24, and 26” and described in the document entitled “Ford City Drill Site Locations—NPR–2,” and accompanying maps on file in the office of the Deputy Assistant Secretary for Naval Petroleum and Oil Shale Reserves of the Department of Energy.
(2)
The Secretary of Energy shall carry out the disposal authorized by paragraph (1) by competitive sale or lease consistent with commercial practices, by transfer to another Federal agency or a public or private entity, or by such other means as the Secretary considers appropriate. Any competitive sale or lease under this subsection shall provide for the disposal of all right, title, and interest of the United States in the property to be conveyed. The Secretary of Energy may use the authority provided by the Act of June 14, 1926 (43 U.S.C. 869 et seq.; commonly known as the Recreation and Public Purposes Act), in the same manner and to the same extent as the Secretary of the Interior, to dispose of the portion of Naval Petroleum Reserve Numbered 2 described in paragraph (1).
(3)
Section 2696(a) of title 10, United States Code, regarding the screening of real property for further Federal use before disposal, shall apply to the disposal authorized by paragraph (1).
(b)
[Repealed by section 331(d) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 695)]
(c)

Relationship to Antitrust Laws.—
This section does not modify, impair, or supersede the operation of the antitrust laws.
SEC. 3404.
[10 U.S.C. 8720 note]

DISPOSAL OF NAVAL PETROLEUM RESERVE NUMBERED 3.
(a)

Administration Pending Termination of Operations.—
The Secretary of Energy shall continue to administer Naval Petroleum Reserve Numbered 3 in accordance with chapter 641 of title 10, United States Code, until such time as the Secretary makes a determination to abandon oil and gas operations in Naval Petroleum Reserve Numbered 3 in accordance with commercial operating practices.
(b)

Disposal Authorized.—
After oil and gas operations are abandoned in Naval Petroleum Reserve Numbered 3, the Secretary of Energy may dispose of the reserve as provided in this subsection. Subject to section 3406, the Secretary shall carry out any such disposal of the reserve by sale or lease or by transfer to another Federal agency. Any sale or lease shall provide for the disposal of all right, title, and interest of the United States in the property to be conveyed and shall be conducted in accordance with competitive procedures consistent with commercial practices, as established by the Secretary.
(c)

Relationship to Antitrust Laws.—
This section does not modify, impair, or supersede the operation of the antitrust laws.
SEC. 3405.
[10 U.S.C. 8720 note]

DISPOSAL OF OIL SHALE RESERVE NUMBERED 2.
(a)

Definitions.—
In this section:
(1)

NOSR–2.—
The term “NOSR–2” means Oil Shale Reserve Numbered 2, as identified on a map on file in the Office of the Secretary of the Interior.
(2)

Moab site.—
The term “Moab site” means the Moab uranium milling site located approximately three miles northwest of Moab, Utah, and identified in the Final Environmental Impact Statement issued by the Nuclear Regulatory Commission in March 1996 in conjunction with Source Materials License No. SUA–917.
(3)

Map.—
The term “map” means the map depicting the boundaries of NOSR–2, to be kept on file and available for public inspection in the offices of the Department of the Interior.
(4)

Tribe.—
The term “Tribe” means the Ute Indian Tribe of the Uintah and Ouray Indian Reservation.
(5)

Trustee.—
The term “Trustee” means the Trustee of the Moab Mill Reclamation Trust.
(b)

Conveyance.—
(1)
Except as provided in paragraph (2) and subsection (e), all right, title, and interest of the United States in and to all Federal lands within the exterior boundaries of NOSR–2 (including surface and mineral rights) are hereby conveyed to the Tribe in fee simple. The Secretary of Energy shall execute and file in the appropriate office a deed or other instrument effectuating the conveyance made by this section.
(2)
The conveyance under paragraph (1) does not include the following:
(A)
The portion of the bed of Green River contained entirely within NOSR–2, as depicted on the map.
(B)
The land (including surface and mineral rights) to the west of the Green River within NOSR–2, as depicted on the map.
(C)
A ¼ mile scenic easement on the east side of the Green River within NOSR–2.
(c)

Conditions on Conveyance.—
(1)
The conveyance under subsection (b) is subject to valid existing rights in effect on the day before the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001.
(2)
On completion of the conveyance under subsection (b), the United States relinquishes all management authority over the conveyed land, including tribal activities conducted on the land.
(3)3
With respect to the land conveyed to the Tribe under subsection (b)—
^3
Margin so in law.
(A)
the land shall not be subject to any Federal restriction on alienation; and
(B)
notwithstanding any provision to the contrary in the constitution, bylaws, or charter of the Tribe, the Act of May 11, 1938 (commonly known as the “Indian Mineral Leasing Act of 1938”) (25 U.S.C. 396a et seq.), the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.), section 2103 of the Revised Statutes (25 U.S.C. 81), or section 2116 of the Revised Statutes (25 U.S.C. 177), or any other law, no purchase, grant, lease, or other conveyance of the land (or any interest in the land), and no exploration, development, or other agreement relating to the land that is authorized by resolution by the governing body of the Tribe, shall require approval by the Secretary of the Interior or any other Federal official.
(4)
The reservation of the easement under subsection (b)(2)(C) shall not affect the right of the Tribe to use and maintain access to the Green River through the use of the road within the easement, as depicted on the map.
(5)
Each withdrawal that applies to NOSR–2 and that is in effect on the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 is revoked to the extent that the withdrawal applies to NOSR–2.
(6)
Notwithstanding that the land conveyed to the Tribe under subsection (b) shall not be part of the reservation of the Tribe, such land shall be deemed to be part of the reservation of the Tribe for the purposes of criminal and civil jurisdiction.
(d)

Administration of Unconveyed Land and Interests in Land.—
(1)
The land and interests in land excluded by subparagraphs (A) and (B) of subsection (b)(2) from conveyance under subsection (b) shall be administered by the Secretary of the Interior in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(2)
Not later than three years after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, the Secretary of the Interior shall submit to Congress a land use plan for the management of the land and interests in land referred to in paragraph (1).
(3)
There are authorized to be appropriated to the Secretary of the Interior such sums as are necessary to carry out this subsection.
(e)

Royalty.—
(1)
Notwithstanding the conveyance under subsection (b), the United States retains a nine percent royalty interest in the value of any oil, gas, other hydrocarbons, and all other minerals that are produced, saved, and sold from the conveyed land during the period beginning on the date of the conveyance and ending on the date the Secretary of Energy releases the royalty interest under subsection (i).
(2)
The royalty payments shall be made by the Tribe or its designee to the Secretary of Energy during the period that the oil, gas, hydrocarbons, or minerals are being produced, saved, sold, or extracted. The Secretary of Energy shall retain and use the payments in the manner provided in subsection (i)(3).
(3)
The royalty interest retained by the United States under this subsection does not include any development, production, marketing, and operating expenses.
(4)
The Tribe shall submit to the Secretary of Energy and to Congress an annual report on resource development and other activities of the Tribe concerning the conveyance under subsection (b).
(5)
Not later than five years after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, and every five years thereafter, the Tribe shall obtain an audit of all resource development activities of the Tribe concerning the conveyance under subsection (b), as provided under chapter 75 of title 31, United States Code. The results of each audit under this paragraph shall be included in the next annual report submitted under paragraph (4).
(f)

River Management.—
(1)
The Tribe shall manage, under Tribal jurisdiction and in accordance with ordinances adopted by the Tribe, land of the Tribe that is adjacent to, and within ¼ mile of, the Green River in a manner that—
(A)
maintains the protected status of the land; and
(B)
is consistent with the government-to-government agreement and in the memorandum of understanding dated February 11, 2000, as agreed to by the Tribe and the Secretary of the Interior.
(2)
An ordinance referred to in paragraph (1) shall not impair, limit, or otherwise restrict the management and use of any land that is not owned, controlled, or subject to the jurisdiction of the Tribe.
(3)
An ordinance adopted by the Tribe and referenced in the government-to-government agreement may not be repealed or amended without the written approval of both the Tribe and the Secretary of the Interior.
(g)

Plant Species.—
(1)
In accordance with a government-to-government agreement between the Tribe and the Secretary of the Interior, in a manner consistent with levels of legal protection in effect on the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, the Tribe shall protect, under ordinances adopted by the Tribe, any plant species that is—
(A)
listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and
(B)
located or found on the NOSR–2 land conveyed to the Tribe.
(2)
The protection described in paragraph (1) shall be performed solely under tribal jurisdiction.
(h)

Horses.—
(1)
The Tribe shall manage, protect, and assert control over any horse not owned by the Tribe or tribal members that is located or found on the NOSR–2 land conveyed to the Tribe in a manner that is consistent with Federal law governing the management, protection, and control of horses in effect on the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001.
(2)
The management, control, and protection of horses described in paragraph (1) shall be performed solely—
(A)
under tribal jurisdiction; and
(B)
in accordance with a government-to-government agreement between the Tribe and the Secretary of the Interior.
(i)

Remedial Action at Moab Site.—
(1)
(A)
The Secretary of Energy shall prepare a plan for remediation, including ground water restoration, of the Moab site in accordance with title I of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7911 et seq.). The Secretary of Energy shall enter into arrangements with the National Academy of Sciences to obtain the technical advice, assistance, and recommendations of the National Academy of Sciences in objectively evaluating the costs, benefits, and risks associated with various remediation alternatives, including removal or treatment of radioactive or other hazardous materials at the site, ground water restoration, and long-term management of residual contaminants. If the Secretary prepares a remediation plan that is not consistent with the recommendations of the National Academy of Sciences, the Secretary shall submit to Congress a report explaining the reasons for deviation from the National Academy of Sciences' recommendations.
(B)
The remediation plan required by subparagraph (A) shall be completed not later than one year after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, and the Secretary of Energy shall commence remedial action at the Moab site as soon as practicable after the completion of the plan.
(C)
The license for the materials at the Moab site issued by the Nuclear Regulatory Commission shall terminate one year after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, unless the Secretary of Energy determines that the license may be terminated earlier. Until the license is terminated, the Trustee, subject to the availability of funds appropriated specifically for a purpose described in clauses (i) through (iii) or made available by the Trustee from the Moab Mill Reclamation Trust, may carry out—
(i)
interim measures to reduce or eliminate localized high ammonia concentrations in the Colorado River, identified by the United States Geological Survey in a report dated March 27, 2000;
(ii)
activities to dewater the mill tailings at the Moab site; and
(iii)
other activities related to the Moab site, subject to the authority of the Nuclear Regulatory Commission and in consultation with the Secretary of Energy.
(D)
As part of the remediation plan for the Moab site required by subparagraph (A), the Secretary of Energy shall develop, in consultation with the Trustee, the Nuclear Regulatory Commission, and the State of Utah, an efficient and legal means for transferring all responsibilities and title to the Moab site and all the materials therein from the Trustee to the Department of Energy.
(2)
The Secretary of Energy shall limit the amounts expended in carrying out the remedial action under paragraph (1) to—
(A)
amounts specifically appropriated for the remedial action in an appropriation Act; and
(B)
other amounts made available for the remedial action under this subsection.
(3)
(A)
The royalty payments received by the Secretary of Energy under subsection (e) shall be available to the Secretary, without further appropriation, to carry out the remedial action under paragraph (1) until such time as the Secretary determines that all costs incurred by the United States to carry out the remedial action (other than costs associated with long-term monitoring) have been paid.
(B)
Upon making the determination referred to in subparagraph (A), the Secretary of Energy shall transfer all remaining royalty amounts to the general fund of the Treasury and release to the Tribe the royalty interest retained by the United States under subsection (e).
(4)
(A)
Funds made available to the Department of Energy for national security activities shall not be used to carry out the remedial action under paragraph (1), except that the Secretary of Energy may use such funds for program direction directly related to the remedial action.
(B)
There are authorized to be appropriated to the Secretary of Energy to carry out the remedial action under paragraph (1) such sums as are necessary.
(5)
If the Moab site is sold after the date on which the Secretary of Energy completes the remedial action under paragraph (1), the seller shall pay to the Secretary of Energy, for deposit in the general fund of the Treasury, the portion of the sale price that the Secretary determines resulted from the enhancement of the value of the Moab site as a result of the remedial action. The enhanced value of the Moab site shall be equal to the difference between—
(A)
the fair market value of the Moab site on the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, based on information available on that date; and
(B)
the fair market value of the Moab site, as appraised on completion of the remedial action.
(6)
(A)
Not later than October 1, 2019, the Secretary of Energy shall complete remediation at the Moab site and removal of the tailings to the Crescent Junction site in Utah.
(B)
In the event the Secretary of Energy is unable to complete remediation at the Moab Site by October 1, 2019, the Secretary shall submit to Congress a plan setting forth the projected completion date and the estimated funding to meet the revised date. The Secretary shall submit the plan, if required, to Congress not later than October 2, 2019.
SEC. 3406.
[10 U.S.C. 8720 note]

ADMINISTRATION.
(a)

Protection of Existing Rights.—
At the discretion of the Secretary of Energy, the disposal of property under this title shall be subject to any contract related to the United States ownership interest in the property in effect at the time of disposal, including any lease agreement pertaining to the United States interest in Naval Petroleum Reserve Numbered 2.
(b)

Deposit of Receipts.—
Notwithstanding any other law, all monies received by the United States from the disposal of property under this title, including any monies received from a lease entered into under this title, shall be deposited in the general fund of the Treasury.
(c)

Treatment of Royalties.—
Any petroleum accruing to the United States as royalty from any lease of lands transferred under this title shall be delivered to the United States, or shall be paid for in money, as the Secretary of the Interior may elect.
(d)

Elements of Lease.—
A lease under this title may provide for the exploration for, and development and production of, petroleum, other than petroleum in the form of oil shale.
(e)

Waiver of Requirements Regarding Consultation and Approval.—
Section 7431 of title 10, United States Code, shall not apply to the disposal of property under this title.
(f)

Oil Shale Reserve Numbered 2.—
This section does not apply to the transfer of Oil Shale Reserve Numbered 2 under section 3405.