[House Report 113-115]
[From the U.S. Government Publishing Office]
113th Congress } { Rept. 113-115
} HOUSE OF REPRESENTATIVES {
1st Session Part 1
======================================================================
AMENDING THE SIKES ACT TO PROMOTE THE USE OF COOPERATIVE AGREEMENTS
UNDER SUCH ACT FOR LAND MANAGEMENT RELATED TO DEPARTMENT OF DEFENSE
READINESS ACTIVITIES AND TO AMEND TITLE 10, UNITED STATES CODE, TO
FACILITATE INTERAGENCY COOPERATION IN CONSERVATION PROGRAMS TO AVOID OR
REDUCE ADVERSE IMPACTS ON MILITARY READINESS ACTIVITIES
_______
June 17, 2013.--Ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1080]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1080) to amend the Sikes Act to promote the use
of cooperative agreements under such Act for land management
related to Department of Defense readiness activities and to
amend title 10, United States Code, to facilitate interagency
cooperation in conservation programs to avoid or reduce adverse
impacts on military readiness activities, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. COOPERATIVE AGREEMENTS UNDER SIKES ACT FOR LAND MANAGEMENT
RELATED TO DEPARTMENT OF DEFENSE READINESS
ACTIVITIES.
(a) Multiyear Agreements To Fund Long-Term Management.--Subsection
(b) of section 103A of the Sikes Act (16 U.S.C. 670c-1) is amended--
(1) by inserting ``(1)'' before ``Funds''; and
(2) by adding at the end the following new paragraph:
``(2) In the case of a cooperative agreement under subsection (a)(2),
funds referred to in paragraph (1)--
``(A) may be paid in a lump sum and include an amount
intended to cover the future costs of the natural resource
maintenance and improvement activities provided for under the
agreement; and
``(B) may be invested by the recipient in accordance with the
recipient's own guidelines for the management and investment of
financial assets, and any interest or income derived from such
investment may be applied for the same purposes as the
principal.''.
(b) Availability of Funds and Relation to Other Laws.--Subsection (c)
of such section is amended to read as follows:
``(c) Availability of Funds and Relation to Other Laws.--(1)
Cooperative agreements and interagency agreements entered into under
this section shall be subject to the availability of funds.
``(2) Notwithstanding chapter 63 of title 31, United States Code, a
cooperative agreement under this section may be used to acquire
property or services for the direct benefit or use of the United States
Government.
``(3) Amounts available to the Department of Defense that are
provided to any Federal, State, local, or nongovernmental entity for
conservation and rehabilitation of natural resources in an area that is
not on a military installation--
``(A) may only be used for payment of direct costs associated
with the management of such area; and
``(B) may be used to pay not more than 3 percent of total
project administrative costs, fees, and management charges.
``(4) Amounts available to the Department of Defense may not be used
under this Act to acquire fee title interest in real property for
natural resources projects that are not on a military installation.''.
(c) Annual Audits.--Section 103A of the Sikes Act (16 U.S.C. 670c-1)
is amended by adding at the end the following:
``(d) Annual Audits.--The Inspector General of the Department of
Defense shall annually audit each natural resources project funded with
amounts available to the Department of Defense under this Act that is
not on a military installation.''.
SEC. 2. FACILITATION OF INTERAGENCY COOPERATION IN CONSERVATION
PROGRAMS OF THE DEPARTMENTS OF DEFENSE,
AGRICULTURE, AND INTERIOR TO AVOID OR REDUCE
ADVERSE IMPACTS ON MILITARY READINESS ACTIVITIES.
Section 2684a of title 10, United States Code, is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Interagency Cooperation in Conservation Programs To Avoid or
Reduce Adverse Impacts on Military Readiness Activities.--In order to
facilitate interagency cooperation and enhance the effectiveness of
actions that will protect both the environment and military readiness,
the recipient of funds provided pursuant an agreement under this
section or under the Sikes Act (16 U.S.C. et seq.) may, with regard to
the lands and waters within the scope of the agreement, use such funds
to satisfy any matching funds or cost-sharing requirement of any
conservation program of the Department of Agriculture or the Department
of the Interior notwithstanding any limitation of such program on the
source of matching or cost-sharing funds.''.
SEC. 3. SUNSET.
This Act and the provisions of law enacted by the amendments made by
this Act shall expire on October 1, 2019, except that any cooperative
agreement referred to in such provisions that is entered into on or
before September 30, 2019, shall continue according to its terms and
conditions as if this Act has not expired.
Purpose of the Bill
The purpose of H.R. 1080, as ordered reported, is to amend
the Sikes Act to promote the use of cooperative agreements
under such Act for land management related to Department of
Defense readiness activities and to amend title 10, United
States Code, to facilitate interagency cooperation in
conservation programs to avoid or reduce adverse impacts on
military readiness activities.
Background and Need for Legislation
The Department of Defense (DOD) controls over 28 million
acres of valuable fish and wildlife habitat at 511 military
installations nationwide. These lands contain a wealth of plant
and animal life, wetlands for migratory birds and 420 federally
listed species. Enacted in 1960, the Sikes Act (16 U.S.C. 670
et seq.) has been extended a number of times with the most
recent effort in the National Defense Authorization Act for
Fiscal Year 2010. Under Public Law 111-84, Title I of the Sikes
Act was extended until September 30, 2014, and the existing
annual funding levels of $1.5 million for DOD and $3 million
for the Department of the Interior through the Fish and
Wildlife Service (FWS) were retained. However, neither DOD nor
FWS receives a direct appropriation for this program. Instead,
the nearly $60 million that has been spent during the past ten
fiscal years in support of Sikes Act activities has been
consistently funded through general administrative funds.
Under current law, DOD has the authority to perform natural
resource conservation projects on off-installation lands where
it does not have a real property interest. However, the DOD
does not have the authority to make long-term financial
obligations to an off-site project. The primary purpose of
these projects is to obtain `credit' from the FWS for these
efforts and corresponding relief from some Endangered Species
Act (ESA) obligations on military installations throughout this
country. The lack of a long-term commitment has made it
difficult to obtain `credit' from FWS and, therefore, creates
uncertainty in the type of military training and readiness
activities that can be planned in the future.
DOD is particularly concerned that over the next four years
the FWS has set deadlines to make final listing and critical
habitat decisions on as many as 779 candidate species under the
ESA, as part of the Interior Department's 2011 ESA multi-
species settlements with the Center for Biological Diversity
and the WildEarth Guardians. These settlements were negotiated
without input from affected states or other entities and are
costing millions to implement, just for paperwork. Based on its
analysis, 110 of these species will affect military bases. In
fact, eight species could cause severe impacts to military
readiness and 29 species would cause a moderate amount of
problems. Among the bases that are most likely to be
significantly affected by these listings are Fork Polk,
Louisiana; Hawthorne Army Depot, Nevada; Joint Base Lewis
McChord, Washington; Marine Corps Base Camp Lejeune, North
Carolina; and Melrose Range, New Mexico.
Under H.R. 1080, the ability of DOD to obtain ``credit''
from the FWS is enhanced by amending the Sikes Act to allow DOD
to make long-term financial commitments through cooperative
agreements for natural resource conservation projects.
Furthermore, DOD will be able to use funds provided to it under
the Readiness and Environmental Protection Initiative and the
Sikes Act to qualify as matching or cost-sharing funds in
connection with certain conservation programs of FWS, the U.S.
Forest Service, the Natural Resources Conservation Service, the
States and private landowners. Under the U.S. Department of
Agriculture Farm and Rangeland Protection Program and other
conservation programs, private landowners and the States are
generally required to provide a matching amount of money equal
to 20 percent of a project. The provision would allow DOD to
use its money to serve as the match in those instances where
the other partner lacks the resources to complete the project.
With the enactment of these provisions, the DOD is
confident that these mitigation credits will be forthcoming.
This belief is reinforced by the precedent of two current off-
installation projects at Fort Hood, Texas, and Marine Corps
Base Camp Lejeune, North Carolina. While these are not Sikes
Act projects, FWS has indicated that the U.S. Army could
``bank'' credits for new on-base training activities as a
result of DOD efforts to assist in the recovery of the golden-
cheeked warbler. In the case of Camp Lejeune, FWS has
apparently pledged to relax the Marine Corps' on-base recovery
goals for the red-cockaded woodpecker because of the Corps'
efforts to protect and restore Longleaf pine habitat essential
to the survival of these birds in this region.
During Full Natural Resources Committee consideration of H.
R. 1080, the Committee adopted four amendments offered by
Congressman John Fleming (R-LA). These amendments significantly
improved the underlying bill by prohibiting the use of Sikes
Act funds for the acquisition of fee title land; limited the
payment of administrative fees or costs to 3 percent of the
total project cost; required an annual audit of all funds spent
on off-installation natural resources projects; and stipulated
that this authority will sunset on September 30, 2019.
Committee Action
H.R. 1080 was introduced on March 12, 2013, by Delegate
Madeleine Bordallo (D-GU). The bill was referred primarily to
the Committee on Armed Services, and in addition to the
Committee on Natural Resources. Within the Committee on Natural
Resources, the bill was referred to the Subcommittee on
Fisheries, Wildlife, Oceans and Insular Affairs. On March 21,
2013, the Subcommittee held a hearing on the bill. On May 15,
2013, the Full Natural Resources Committee met to consider the
bill. The Subcommittee on Fisheries, Wildlife, Oceans and
Insular Affairs was discharged by unanimous consent.
Congressman John Fleming (R-LA) offered an en bloc amendment
consisting of amendments .003, .004, .005 and .007 to the bill;
the en bloc amendment was adopted by voice vote. The bill, as
amended, was then adopted and ordered favorably reported to the
House of Representatives by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 1080--A bill to amend the Sikes Act to promote the use of
cooperative agreements under such act for land management
related to Department of Defense readiness activities and to
amend title 10, United States Code, to facilitate interagency
cooperation in conservation programs to avoid or reduce adverse
impacts on military readiness activities
H.R. 1080 would amend the Sikes Act to allow the Department
of Defense (DoD) to provide lump-sum payments to nonfederal
entities that enter into cooperative agreements to maintain and
improve natural resources at certain military sites. The bill
also would allow those entities to invest funds provided to
carry out those activities and to use such funds to meet the
cost-sharing requirements for certain federal conservation
programs. Finally, the bill would require DoD to conduct annual
audits of each project carried out under the Sikes Act.
CBO estimates that changing the method of payment to
nonfederal entities and allowing additional uses for funds
provided to such entities under the Sikes Act would have no
significant impact on the federal budget. Based on information
regarding the number of projects carried out under the Sikes
Act each year, CBO also estimates that performing the annual
audits of those projects would cost less than $500,000 a year.
Enacting H.R. 1080 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 1080 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. CBO estimates that
changing the method of payment to nonfederal entities and
allowing additional uses for funds provided to such entities
under the Sikes Act would have no significant impact on the
federal budget. Based on information regarding the number of
projects carried out under the Sikes Act each year, CBO also
estimates that performing the annual audits of those projects
would cost less than $500,000 a year.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to amend the
Sikes Act to promote the use of cooperative agreements under
such Act for land management related to Department of Defense
readiness activities and to amend title 10, United States Code,
to facilitate interagency cooperation in conservation programs
to avoid or reduce adverse impacts on military readiness
activities.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does establish
a program of the federal government known to be duplicative of
another federal program. Such program was identified in the
most recent Catalog of Federal Domestic Assistance publish
pursuant to the Federal Program Information Act (Public Law 95-
220, as amended by Public Law 98-169) as relating to other
programs. More specifically under the general category of Fish
and Wildlife Management Assistance by the U.S. Fish and
Wildlife Service, the Sikes Act was grouped with seven other
federal laws that provide funding for this activity, including
the Fish and Wildlife Act of 1956, the Fish and Wildlife
Coordination Act of 1958, the Alaska National Interest Lands
Conservation Act, the Marine Mammal Protection Act of 1972, the
Fish and Wildlife Conservation Act of 1980, the Non indigenous
Aquatic Nuisance Prevention and Control Act of 1990, and the
Lacey Act. Related programs were identified as Sport Fish
Restoration Program and the Partners for Fish and Wildlife. In
addition, under the category of Recovery Act Fund--Habitat
Enhancement, Restoration and Improvement by the U.S. Fish and
Wildlife Service, the Sikes Act was grouped with nine other
statutes. In addition to many of the laws listed for Fish and
Wildlife Management Assistance, this list also included the
American Recovery and Reinvestment Act of 2009, the Great Lakes
Fish and Wildlife Restoration Act, the Partners for Fish and
Wildlife Act, and the Endangered Species Act. Related programs
for this activity were identified as Sport Fish Restoration
program, Fish and Wildlife Management Assistance, Coastal
Program, Partners for Fish and Wildlife and Pollution
Prevention Grants Program. However, as explained in the
background and need portion of this report, Congress does not
provide specific appropriations to implement the Sikes Act, but
rather the Fish and Wildlife Service takes general funds for
these activities, from other statutes and programs described in
this section, and uses to meet the goals of the Sikes Act.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SIKES ACT
* * * * * * *
TITLE I--CONSERVATION PROGRAMS ON MILITARY INSTALLATIONS
* * * * * * *
SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT
ON INSTALLATIONS.
(a) Authority of Secretary of Military Department.--The
Secretary of a military department may enter into cooperative
agreements with States, local governments, Indian tribes,
nongovernmental organizations, and individuals, and into
interagency agreements with the heads of other Federal
departments and agencies, to provide for the following:
(1) The maintenance and improvement of natural
resources on, or to benefit natural and historic
research on, military installations and State-owned
National Guard installations.
(2) The maintenance and improvement of natural
resources located off of a military installation or
State-owned National Guard installation if the purpose
of the cooperative agreement or interagency agreement
is to relieve or eliminate current or anticipated
challenges that could restrict, impede, or otherwise
interfere with, whether directly or indirectly, current
or anticipated military activities.
(b) Multiyear Agreements.--(1) Funds appropriated to the
Department of Defense for a fiscal year may be obligated to
cover the cost of goods and services provided under a
cooperative agreement or interagency agreement entered into
under subsection (a) or through an agency agreement under
section 1535 of title 31, United States Code, during any 18-
month period beginning in that fiscal year, without regard to
whether the agreement crosses fiscal years.
(2) In the case of a cooperative agreement under subsection
(a)(2), funds referred to in paragraph (1)--
(A) may be paid in a lump sum and include an amount
intended to cover the future costs of the natural
resource maintenance and improvement activities
provided for under the agreement; and
(B) may be invested by the recipient in accordance
with the recipient's own guidelines for the management
and investment of financial assets, and any interest or
income derived from such investment may be applied for
the same purposes as the principal.
[(c) Availability of Funds; Agreements Under Other Laws.--
Cooperative agreements and interagency agreements entered into
under this section shall be subject to the availability of
funds and shall not be considered, nor be treated as,
cooperative agreements to which chapter 63 of title 31, United
States Code, applies.]
(c) Availability of Funds and Relation to Other Laws.--(1)
Cooperative agreements and interagency agreements entered into
under this section shall be subject to the availability of
funds.
(2) Notwithstanding chapter 63 of title 31, United States
Code, a cooperative agreement under this section may be used to
acquire property or services for the direct benefit or use of
the United States Government.
(3) Amounts available to the Department of Defense that are
provided to any Federal, State, local, or nongovernmental
entity for conservation and rehabilitation of natural resources
in an area that is not on a military installation--
(A) may only be used for payment of direct costs
associated with the management of such area; and
(B) may be used to pay not more than 3 percent of
total project administrative costs, fees, and
management charges.
(4) Amounts available to the Department of Defense may not be
used under this Act to acquire fee title interest in real
property for natural resources projects that are not on a
military installation.
(d) Annual Audits.--The Inspector General of the Department
of Defense shall annually audit each natural resources project
funded with amounts available to the Department of Defense
under this Act that is not on a military installation.
* * * * * * *
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TITLE 10, UNITED STATES CODE
* * * * * * *
SUBTITLE A--GENERAL MILITARY LAW
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF
NON-EXCESS PROPERTY
* * * * * * *
Sec. 2684a. Agreements to limit encroachments and other constraints on
military training, testing, and operations
(a) Agreements Authorized.--The Secretary of Defense or the
Secretary of a military department may enter into an agreement
with an eligible entity or entities described in subsection (b)
to address the use or development of real property in the
vicinity of, or ecologically related to, a military
installation or military airspace for purposes of--
(1) limiting any development or use of the property
that would be incompatible with the mission of the
installation;
(2) preserving habitat on the property in a manner
that--
(A) is compatible with environmental
requirements; and
(B) may eliminate or relieve current or
anticipated environmental restrictions that
would or might otherwise restrict, impede, or
otherwise interfere, whether directly or
indirectly, with current or anticipated
military training, testing, or operations on
the installation; or
(3) protecting Clear Zone Areas from use or
encroachment that is incompatible with the mission of
the installation.
(b) Eligible Entities.--An agreement under this section may
be entered into with any of the following:
(1) A State or political subdivision of a State.
(2) A private entity that has as its stated principal
organizational purpose or goal the conservation,
restoration, or preservation of land and natural
resources, or a similar purpose or goal, as determined
by the Secretary concerned.
(c) Inapplicability of Certain Contract Requirements.--
Notwithstanding chapter 63 of title 31, an agreement under this
section that is a cooperative agreement or a grant may be used
to acquire property or services for the direct benefit or use
of the United States Government.
(d) Acquisition and Acceptance of Property and Interests.--
(1) An agreement with an eligible entity or entities under this
section shall provide for--
(A) the acquisition by the entity or entities of all
right, title, and interest in and to any real property,
or any lesser interest in the property, as may be
appropriate for purposes of this section; and
(B) the sharing by the United States and the entity
or entities of the acquisition costs in accordance with
paragraph (3).
(2) Property or interests may not be acquired pursuant to the
agreement unless the owner of the property or interests
consents to the acquisition.
(3) An agreement with an eligible entity under this section
may provide for the management of natural resources on, and the
monitoring and enforcement of any right, title, or interest in,
real property in which the Secretary concerned acquires any
right, title, or interest in accordance with this subsection
and for the payment by the United States of all or a portion of
the costs of such natural resource management and monitoring
and enforcement if the Secretary concerned determines that
there is a demonstrated need to preserve or restore habitat for
the purpose described in subsection (a)(2). Any such payment by
the United States--
(A) may be paid in a lump sum and include an amount
intended to cover the future costs of natural resource
management and monitoring and enforcement; and
(B) may be placed by the eligible entity in an
interest- bearing account, and any interest shall be
applied for the same purposes as the principal.
(4)(A) The Secretary concerned shall determine the
appropriate portion of the acquisition costs to be borne by the
United States in the sharing of acquisition costs of real
property, or an interest in real property, under paragraph
(1)(B).
(B) In lieu of or in addition to making a monetary
contribution toward the cost of acquiring a parcel of real
property, or an interest therein, pursuant to an agreement
under this section, the Secretary concerned may convey, using
the authority provided by section 2869 of this title, real
property described in paragraph (2) of subsection (a) of such
section, subject to the limitation in paragraph (3) of such
subsection.
(C) The portion of acquisition costs borne by the United
States under subparagraph (A), either through the contribution
of funds or excess real property, or both, may not exceed an
amount equal to, at the discretion of the Secretary concerned--
(i) the fair market value of any property or interest
in property to be transferred to the United States upon
the request of the Secretary concerned under paragraph
(5); or
(ii) the cumulative fair market value of all
properties or interests to be transferred to the United
States under paragraph (5) pursuant to an agreement
under subsection (a).
(D) The portion of acquisition costs borne by the United
States under subparagraph (A) may exceed the amount determined
under subparagraph (C), but only if--
(i) the Secretary concerned provides written notice
to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives containing--
(I) a certification by the Secretary that the
military value to the United States of the
property or interest to be acquired justifies a
payment in excess of the fair market value of
the property or interest; and
(II) a description of the military value to
be obtained; and
(ii) the contribution toward the acquisition costs of
the property or interest is not made until at least 14
days after the date on which the notice is submitted
under clause (i) or, if earlier, at least 10 days after
the date on which a copy of the notice is provided in
an electronic medium pursuant to section 480 of this
title.
(E) The contribution of an entity or entities to the
acquisition costs of real property, or an interest in real
property, under paragraph (1)(B) may include, with the approval
of the Secretary concerned, the following or any combination of
the following:
(i) The provision of funds, including funds received
by such entity or entities from a Federal agency
outside the Department of Defense or a State or local
government in connection with a Federal, State, or
local program.
(ii) The provision of in-kind services, including
services related to the acquisition or maintenance of
such real property or interest in real property.
(iii) The exchange or donation of real property or
any interest in real property.
(5)(A) The agreement shall require the entity or entities to
transfer to the United States, upon the request of the
Secretary concerned, all or a portion of the property or
interest acquired under the agreement or a lesser interest
therein. No such requirement need be included in the agreement
if the property or interest is being transferred to a State, or
the agreement requires it to be subsequently transferred to a
State, and the Secretary concerned determines that the laws and
regulations applicable to the future use of such property or
interest provide adequate assurance that the property concerned
will be developed and used in a manner appropriate for purposes
of this section. The Secretary shall limit such transfer
request to the minimum property or interests necessary to
ensure that the property concerned is developed and used in a
manner appropriate for purposes of this section.
(B) Notwithstanding subparagraph (A), if all or a portion of
the property or interest acquired under the agreement is
subsequently transferred to the United States and
administrative jurisdiction over the property is under a
Federal official other than a Secretary concerned, the
Secretary concerned and that Federal official shall enter into
a memorandum of agreement providing, to the satisfaction of the
Secretary concerned, for the management of the property or
interest concerned in a manner appropriate for purposes of this
section. Such memorandum of agreement shall also provide that,
should it be proposed that the property or interest concerned
be developed or used in a manner not appropriate for purposes
of this section, including declaring the property to be excess
to the agency's needs or proposing to exchange the property for
other property, the Secretary concerned may request that
administrative jurisdiction over the property be transferred to
the Secretary concerned at no cost, and, upon such a request
being made, the administrative jurisdiction over the property
shall be transferred accordingly.
(6) The Secretary concerned may accept on behalf of the
United States any property or interest to be transferred to the
United States under the agreement.
(7) For purposes of the acceptance of property or interests
under the agreement, the Secretary concerned may accept an
appraisal or title documents prepared or adopted by a non-
Federal entity as satisfying the applicable requirements of
section 301 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4651) or
section 3111 of title 40, if the Secretary concerned finds that
the appraisal or title documents substantially comply with the
requirements.
(e) Acquisition of Water Rights.--The authority of the
Secretary concerned to enter into an agreement under this
section for the acquisition of real property (or an interest
therein) includes the authority to support the purchase of
water rights from any available source when necessary to
support or protect the mission of a military installation.
(f) Additional Terms and Conditions.--The Secretary concerned
may require such additional terms and conditions in an
agreement under this section as the Secretary considers
appropriate to protect the interests of the United States.
(g) Annual Reports.--(1) Not later than March 1 each year,
the Secretary of Defense shall, in coordination with the
Secretaries of the military departments and the Director of the
Department of Defense Test Resource Management Center, submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the projects undertaken under
agreements under this section.
(2) Each report under paragraph (1) shall include the
following:
(A) A description of the status of the projects
undertaken under agreements under this section.
(B) An assessment of the effectiveness of such
projects, and other actions taken pursuant to this
section, as part of a long-term strategy to ensure the
sustainability of military test and training ranges,
military installations, and associated airspace.
(C) An evaluation of the methodology and criteria
used to select, and to establish priorities, for
projects undertaken under agreements under this
section.
(D) A description of any sharing of costs by the
United States and eligible entities under subsection
(d) during the preceding year, including a description
of each agreement under this section providing for the
sharing of such costs and a statement of the eligible
entity or entities with which the United States is
sharing such costs.
(E) Such recommendations as the Secretary of Defense
considers appropriate for legislative or administrative
action in order to improve the efficiency and
effectiveness of actions taken pursuant to agreements
under this section.
(h) Interagency Cooperation in Conservation Programs To Avoid
or Reduce Adverse Impacts on Military Readiness Activities.--In
order to facilitate interagency cooperation and enhance the
effectiveness of actions that will protect both the environment
and military readiness, the recipient of funds provided
pursuant an agreement under this section or under the Sikes Act
(16 U.S.C. et seq.) may, with regard to the lands and waters
within the scope of the agreement, use such funds to satisfy
any matching funds or cost-sharing requirement of any
conservation program of the Department of Agriculture or the
Department of the Interior notwithstanding any limitation of
such program on the source of matching or cost-sharing funds.
[(h)] (i) Funding.--(1) Except as provided in paragraph (2),
funds authorized to be appropriated for operation and
maintenance of the Army, Navy, Marine Corps, Air Force, or
Defense-wide activities may be used to enter into agreements
under this section.
(2) In the case of a military installation operated primarily
with funds authorized to be appropriated for research,
development, test, and evaluation, funds authorized to be
appropriated for the Army, Navy, Marine Corps, Air Force, or
Defense-wide activities for research, development, test, and
evaluation may be used to enter into agreements under this
section with respect to the installation.
[(i)] (j) Definitions.--In this section:
(1) The term ``Secretary concerned'' means the
Secretary of Defense or the Secretary of a military
department.
(2) The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Marianas, and the
territories and possessions of the United States.
(3) The term ``Clear Zone Area'' means an area
immediately beyond the end of the runway of an airfield
that is needed to ensure the safe and unrestricted
passage of aircraft in and over the area.
* * * * * * *