Volume 141, No. 141 covering the 1st Session of the 104th Congress (1995 - 1996) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“MILITARY CONSTRUCTION AUTHORIZATION ACT FOR FISCAL YEAR 1996” mentioning the Environmental Protection Agency was published in the Senate section on pages S13442-S13464 on Sept. 12, 1995.
The publication is reproduced in full below:
MILITARY CONSTRUCTION AUTHORIZATION ACT FOR FISCAL YEAR 1996
The text of the bill (S. 1125) to authorize appropriations for fiscal year 1996 for military construction, and for other purposes, as passed by the Senate on September 6, 1995, is as follows:
S. 1125
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 2001. SHORT TITLE.
This Act may be cited as the ``Military Construction Authorization Act for Fiscal Year 1996''.
SEC. 2002. TABLE OF CONTENTS.
The table of contents for the Act is as follows:
Sec. 2001. Short title.
Sec. 2002. Table of contents.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Reduction in amounts authorized to be appropriated for fiscal year 1992 military construction projects.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Revision of fiscal year 1995 authorization of appropriations to clarify availability of funds for Large Anechoic
Chamber, Patuxent River Naval Warfare Center, Maryland.
Sec. 2206. Authority to carry out land acquisition project, Norfolk
Naval Base, Virginia.
Sec. 2207. Acquisition of land, Henderson Hall, Arlington, Virginia.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Reduction in amounts authorized to be appropriated for fiscal year 1992 military construction projects.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Military housing private investment.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out fiscal year 1995 projects.
Sec. 2407. Reduction in amounts authorized to be appropriated for prior year military construction projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects.
Sec. 2602. Reduction in amount authorized to be appropriated for fiscal year 1994 Air National Guard projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1993 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1992 projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Special threshold for unspecified minor construction projects to correct life, health, or safety deficiencies.
Sec. 2802. Clarification of scope of unspecified minor construction authority.
Sec. 2803. Temporary waiver of net floor area limitation for family housing acquired in lieu of construction.
Sec. 2804. Reestablishment of authority to waive net floor area limitation on acquisition by purchase of certain military family housing.
Sec. 2805. Temporary waiver of limitations on space by pay grade for military family housing units.
Sec. 2806. Increase in number of family housing units subject to foreign country maximum lease amount.
Sec. 2807. Expansion of authority for limited partnerships for development of military family housing.
Sec. 2808. Clarification of scope of report requirement on cost increases under contracts for military family housing construction.
Sec. 2809. Authority to convey damaged or deteriorated military family housing.
Sec. 2810. Energy and water conservation savings for the Department of
Defense.
Sec. 2811. Alternative authority for construction and improvement of military housing.
Sec. 2812. Permanent authority to enter into leases of land for special operations activities.
Sec. 2813. Authority to use funds for certain educational purposes.
Subtitle B--Defense Base Closure and Realignment
Sec. 2821. In-kind consideration for leases at installations to be closed or realigned.
Sec. 2822. Clarification of authority regarding contracts for community services at installations being closed.
Sec. 2823. Clarification of funding for environmental restoration at installations approved for closure or realignment in
1995. Sec. 2824. Authority to lease property requiring environmental remediation at installations approved for closure.
Sec. 2825. Final funding for Defense Base Closure and Realignment
Commission.
Sec. 2826. Improvment of base closure and realignment process.
Sec. 2827. Exercise of authority delegated by the Administrator of
General Services.
Sec. 2828. Lease back of property disposed from installations approved for closure or realignment.
Sec. 2829. Proceeds of leases at installations approved for closure or realignment.
Sec. 2830. Consolidation of disposal of property and facilities at Fort
Holabird, Maryland.
Sec. 2830A. Land conveyance, property underlying Cummins Apartment
Complex, Fort Holabird, Maryland.
Sec. 2830B. Interim leases of property approved for closure or realignment.
Sec. 2830C. Sense of the Congress regarding Fitzsimons Army Medical
Center, Colorado.
Subtitle C--Land Conveyances
Sec. 2831. Land acquisition or exchange, Shaw Air Force Base, South
Carolina.
Sec. 2832. Authority for Port Authority of State of Mississippi to use certain Navy property in Gulfport, Mississippi.
Sec. 2833. Conveyance of resource recovery facility, Fort Dix, New
Jersey.
Sec. 2834. Conveyance of water and wastewater treatment plants, Fort
Gordon, Georgia.
Sec. 2835. Conveyance of water treatment plant, Fort Pickett, Virginia.
Sec. 2836. Conveyance of electric power distribution system, Fort
Irwin, California.
Sec. 2837. Land exchange, Fort Lewis, Washington.
Sec. 2838. Land conveyance, Naval Surface Warfare Center, Memphis,
Tennessee.
Sec. 2839. Land conveyance, Radar Bomb Scoring Site, Forsyth, Montana.
Sec. 2840. Land conveyance, Radar Bomb Scoring Site, Powell, Wyoming.
Sec. 2841. Report on disposal of property, Fort Ord Military Complex,
California.
Sec. 2842. Land conveyance, Navy property, Fort Sheridan, Illinois.
Sec. 2843. Land conveyance, Army Reserve property, Fort Sheridan,
Illinois.
Sec. 2844. Land conveyance, Naval Communications Station, Stockton,
California.
Sec. 2845. Land conveyance, William Langer Jewel Bearing Plant, Rolla,
North Dakota.
Sec. 2846. Land exchange, United States Army Reserve Center,
Gainesville, Georgia.
Subtitle D--Transfer of Jurisdiction and Establishment of Midewin
National Tallgrass Prairie
Sec. 2851. Short title.
Sec. 2852. Definitions.
Sec. 2853. Establishment of Midewin National Tallgrass Prairie.
Sec. 2854. Transfer of management responsibilities and jurisdiction over Arsenal.
Sec. 2855. Disposal for industrial parks, a county landfill, and a national veterans cemetery and to the Administrator of
General Services.
Sec. 2856. Continuation of responsibility and liability of the
Secretary of the Army for environmental cleanup.
Sec. 2857. Degree of environmental cleanup.
Subtitle E--Other Matters
Sec. 2861. Department of Defense laboratory revitalization demonstration program.
Sec. 2862. Prohibition on joint civil aviation use of Miramar Naval Air
Station, California.
Sec. 2863. Report on agreement relating to conveyance of land, Fort
Belvoir, Virginia.
Sec. 2864. Residual value report.
Sec. 2865. Renovation of the Pentagon Reservation.SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction Authorization Act for Fiscal Year 1996''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Arizona.................. Fort Huachuca................ $16,000,000
California............... Fort Irwin................... $15,500,000
Presidio of San Francisco.... $3,000,000
Colorado................. Fort Carson.................. $10,850,000
District of Columbia..... Fort McNair.................. $13,500,000
Walter Reed Army Medical $4,300,000
Center. Georgia.................. Fort Benning................. $37,900,000
Fort Gordon.................. $5,750,000
Fort Stewart................. $8,400,000
Hawaii................... Schofield Barracks........... $35,000,000
Kansas................... Fort Riley................... $15,300,000
Kentucky................. Fort Campbell................ $10,000,000
Fort Knox.................... $5,600,000
New York................. Watervliet Arsenal........... $680,000
North Carolina........... Fort Bragg................... $29,700,000
Oklahoma................. Fort Sill.................... $6,300,000
South Carolina........... Naval Weapons Station, $25,700,000
Charleston.
Fort Jackson................. $32,000,000
Texas.................... Fort Hood.................... $32,500,000
Fort Bliss................... $48,000,000
Virginia................. Fort Eustis.................. $16,400,000
Washington............... Fort Lewis................... $32,100,000
CONUS Classified......... Classified Location.......... $1,900,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amount appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations and locations outside of the United States, and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Korea.................... Camp Casey................... $4,150,000
Camp Hovey................... $13,500,000
Camp Pelham.................. $5,600,000
Camp Stanley................. $6,800,000
Yongsan...................... $4,500,000
Overseas Classified...... Classified Location.......... $48,000,000
Worldwide................ Host Nation Support.......... $20,000,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following table:
Army: Family Housing
------------------------------------------------------------------------
State Installations Purpose Amount
------------------------------------------------------------------------
Alaska.......... Fort Wainwright. Whole neighborhood $7,300,000
revitalization. New Mexico...... White Sands Whole neighborhood $3,400,000
Missile Range. revitalization. New York........ United States 119 Units........... $16,500,000
Military
Academy, West
Point. Washington...... Fort Lewis...... 84 Units............ $10,800,000
------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $2,340,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in sections 2104(a)(5)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $26,212,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1995, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $2,033,858,000 as follows:
(1) For military construction projects inside the United States authorized by section 2101(a), $406,380,000.
(2) For military construction projects outside the United States authorized by section 2101(b), $102,550,000.
(3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $9,000,000.
(4) For architectural and engineering service and construction design under section 2807 of title 10, United States Code, $36,194,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities,
$66,552,000.
(B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $1,337,596,000.
(6) For the Homeowners Assistance Program as authorized by section 2832 of title 10, United States Code, $75,586,000, to remain available until expended.
(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
SEC. 2105. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED
FOR FISCAL YEAR 1992 MILITARY CONSTRUCTION
PROJECTS.
Section 2105(a) of the Military Construction Authorization Act for Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1511), as amended by section 2105(b)(2)(A) of the Military Construction Authorization Act for Fiscal Year 1994
(division B of Public Law 103-160; 107 Stat. 1859), is further amended in the matter preceding paragraph (1) by striking out ``$2,571,974,000'' and insert in lieu thereof
``$2,565,729,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
California............... Camp Pendleton Marine Corps $27,584,000
Base.
China Lake Naval Air Warfare $3,700,000
Center Weapons Division.
Lemoore Naval Air Station.... $7,600,000
North Island Naval Air $99,150,000
Station.
Point Mugu Naval Air Warfare $1,300,000
Center Weapons Division.
San Diego Naval Command, $3,170,000
Control, and Ocean
Surveillance Center.
San Diego Naval Station...... $19,960,000
Twentynine Palms Marine Corps $2,490,000
Air-Ground Combat Center. Florida.................. Eglin Air Force Base, Naval $16,150,000
School Explosive Ordnance
Disposal.
Pensacola Naval Technical $2,565,000
Training Center, Corry
Station. Georgia.................. Kings Bay Strategic Weapons $2,450,000
Facility, Atlantic. Hawaii................... Honolulu Naval Computer and $1,980,000
Telecommunications Area,
Master Station Eastern
Pacific.
Pearl Harbor Intelligence $2,200,000
Center Pacific.
Pearl Harbor Naval Submarine $22,500,000
Base. Illinois................. Great Lakes Naval Training $12,440,000
Center. Maryland................. United States Naval Academy.. $3,600,000
New Jersey............... Lakehurst Naval Air Warfare $1,700,000
Center Aircraft Division. North Carolina........... Camp LeJeune Marine Corps $59,300,000
Base.
Cherry Point Marine Corps Air $11,430,000
Station.
New River Marine Corps Air $14,650,000
Station. South Carolina........... Beaufort Marine Corps Air $15,000,000
Station. Virginia................. Henderson Hall, Arlington.... $1,900,000
Norfolk Naval Station........ $10,580,000
Portsmouth Naval Hospital.... $9,500,000
Quantico Marine Corps Combat $3,500,000
Development Command.
Williamsburg Fleet and $8,390,000
Industrial Supply Center.
Yorktown Naval Weapons $1,300,000
Station. Washington............... Bremerton Puget Sound Naval $19,870,000
Shipyard.
Keyport Naval Undersea $5,300,000
Warfare Center Division. West Virginia............ Naval Security Group $7,200,000
Detachment, Sugar Grove. CONUS Classified......... Classified location.......... $1,200,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Guam..................... Guam Navy Public Works Center $16,180,000
Naval Computer and $2,250,000
Telecommunications Area,
Master Station Western
Pacific. Italy.................... Naples Naval Support Activity $24,950,000
Sigonella Naval Air Station.. $12,170,000
Puerto Rico.............. Roosevelt Roads Naval Station $11,500,000
Sabana Seca Naval Security $2,200,000
Group Activity.
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
------------------------------------------------------------------------
State/Country Installation Purpose Amount
------------------------------------------------------------------------
California...... Camp Pendleton 69 units............ $10,000,000
Marine Corps
Base.
Camp Pendleton Community Center.... $1,438,000
Marine Corps
Base.
Camp Pendleton Housing Office...... $707,000
Marine Corps
Base.
Lemoore Naval 240 units........... $34,900,000
Air Station.
Point Mugu Housing Office...... $1,020,000
Pacific Missile
Test Center.
San Diego Public 346 units........... $49,310,000
Works Center. Hawaii.......... Oahu Naval 252 units........... $48,400,000
Complex. Maryland........ Patuxent River Warehouse........... $890,000
Naval Air Test
Center.
United States Housing Office...... $800,000
Naval Academy. North Carolina.. Cherry Point Community Center.... $1,003,000
Marine Corps
Air Station. Pennsylvania.... Mechanicsburg Housing Office...... $300,000
Navy Ships
Parts Control
Center. Puerto Rico..... Roosevelt Roads Housing Office...... $710,000
Naval Station. Virginia........ Dahlgren Naval Housing Office...... $520,000
Surface Warfare
Center.
Norfolk Public 320 units........... $42,500,000
Works Center.
Norfolk Public Housing Office...... $1,390,000
Works Center. Washington...... Bangor Naval 141 units........... $4,890,000
Submarine Base. West Virginia... Naval Security 23 units............ $3,590,000
Group
Detachment,
Sugar Grove.
------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriation in section 2204(a)(6)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $24,390,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $259,489,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1995, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,077,459,000 as follows:
(1) For military construction projects inside the United States authorized by section 2201(a), $399,659,000.
(2) For military construction projects outside the United States authorized by section 2201(b), $69,250,000.
(3) For the military construction project at Newport Naval War College, Rhode Island, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 3031),
$18,000,000.
(4) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $7,200,000.
(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $48,774,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities,
$486,247,000.
(B) For support of military housing (including functions described in section 2833 of title 10, United States Code),
$1,048,329,000.
(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
SEC. 2205. REVISION OF FISCAL YEAR 1995 AUTHORIZATION OF
APPROPRIATIONS TO CLARIFY AVAILABILITY OF FUNDS
FOR LARGE ANECHOIC CHAMBER, PATUXENT RIVER
NAVAL WARFARE CENTER, MARYLAND.
Section 2204(a) of the Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 3033) is amended--
(1) in the matter preceding paragraph (1), by striking out
``$1,591,824,000'' and inserting in lieu thereof
``$1,601,824,000'' and
(2) in paragraph (1), by striking out ``$309,070,000'' and inserting in lieu thereof ``$319,070,000''.
SEC. 2206. AUTHORITY TO CARRY OUT LAND ACQUISITION PROJECT,
NORFOLK NAVAL BASE, VIRGINIA.
(a) Authorization.--The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2589) is amended--
(1) in the item relating to Damneck, Fleet Combat Training Center, Virginia, by striking out ``$19,427,000'' in the amount column and inserting in lieu thereof ``$14,927,000''; and
(2) by inserting after the item relating to Norfolk, Naval Air Station, Virginia, the following new item:
------------------------------------------------------------------------
------------------------------------------------------------------------
Norfolk, Naval Base........ $4,500,000
------------------------------------------------------------------------
(b) Extension of Project Authorization.--Notwithstanding section 2701(a) of the Military Construction Authorization Act for Fiscal Year 1993 (106 Stat. 2602), the authorization for the project for Norfolk Naval Base, Virginia, as provided in section 2201(a) of that Act, as amended by subsection (a), shall remain in effect until October 1, 1996, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 1997, whichever is later.
SEC. 2207. ACQUISITION OF LAND, HENDERSON HALL, ARLINGTON,
VIRGINIA.
(a) Authority To Acquire.--Using funds available under section 2201(a), the Secretary of the Navy may acquire all right, title, and interest of any party in and to a parcel of real property, including an abandoned mausoleum, consisting of approximately 0.75 acres and located in Arlington, Virginia, the site of Henderson Hall.
(b) Demolition of Mausoleum.--Using funds available under section 2201(a), the Secretary may--
(1) demolish the mausoleum located on the parcel acquired under subsection (a); and
(2) provide for the removal and disposition in an appropriate manner of the remains contained in the mausoleum.
(c) Authority To Design Public Works Facility.--Using funds available under section 2201(a), the Secretary may obtain architectural and engineering services and construction design for a warehouse and office facility for the Marine Corps to be constructed on the property acquired under subsection (a).
(d) Description of Property.--The exact acreage and legal description of the real property authorized to be acquired under subsection (a) shall be determined by a survey that is satisfactory to the Secretary. The cost of the survey shall be borne by the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the acquisition under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alabama.................. Maxwell Air Force Base....... $5,200,000
Alaska................... Eielson Air Force Base....... $7,850,000
Elmendorf Air Force Base..... $9,100,000
Tin City Long Range Radar $2,500,000
Site. Arizona.................. Davis Monthan Air Force Base. $4,800,000
Luke Air Force Base.......... $5,200,000
Arkansas................. Little Rock Air Force Base... $2,500,000
California............... Beale Air Force Base......... $7,500,000
Edwards Air Force Base....... $33,800,000
Travis Air Force Base........ $26,700,000
Vandenberg Air Force Base.... $6,000,000
Colorado................. Buckley Air National Guard $5,500,000
Base.
Peterson Air Force Base...... $4,390,000
United States Air Force $9,150,000
Academy. Delaware................. Dover Air Force Base......... $5,500,000
District of Columbia..... Bolling Air Force Base....... $12,100,000
Florida.................. Cape Canaveral Air Force $1,600,000
Station.
Eglin Air Force Base......... $14,500,000
Tyndall Air Force Base....... $1,200,000
Georgia.................. Moody Air Force Base......... $25,190,000
Robins Air Force Base........ $17,900,000
Hawaii................... Hickam Air Force Base........ $10,700,000
Idaho.................... Mountain Home Air Force Base. $25,350,000
Illinois................. Scott Air Force Base......... $12,700,000
Kansas................... McConnell Air Force Base..... $9,450,000
Louisiana................ Barksdale Air Force Base..... $2,500,000
Maryland................. Andrews Air Force Base....... $12,886,000
Mississippi.............. Columbus Air Force Base...... $1,150,000
Keesler Air Force Base....... $6,500,000
Missouri................. Whiteman Air Force Base...... $24,600,000
Nevada................... Nellis Air Force Base........ $20,050,000
New Jersey............... McGuire Air Force Base....... $16,500,000
New Mexico............... Cannon Air Force Base........ $10,420,000
Holloman Air Force Base...... $6,000,000
Kirtland Air Force Base...... $9,156,000
North Carolina........... Pope Air Force Base.......... $8,250,000
Seymour Johnson Air Force $830,000
Base. North Dakota............. Grand Forks Air Force Base... $14,800,000
Minot Air Force Base......... $1,550,000
Ohio..................... Wright-Patterson Air Force $4,100,000
Base. Oklahoma................. Altus Air Force Base......... $4,800,000
Tinker Air Force Base........ $16,500,000
South Carolina........... Charleston Air Force Base.... $12,500,000
Shaw Air Force Base.......... $1,300,000
South Dakota............. Ellsworth Air Force Base..... $7,800,000
Tennessee................ Arnold Air Force Base........ $5,000,000
Texas.................... Dyess Air Force Base......... $5,400,000
Kelly Air Force Base......... $3,244,000
Laughlin Air Force Base...... $1,400,000
Randolph Air Force Base...... $3,100,000
Reese Air Force Base......... $1,200,000
Sheppard Air Force Base...... $1,500,000
Utah..................... Hill Air Force Base.......... $12,600,000
Virginia................. Langley Air Force Base....... $1,000,000
Washington............... Fairchild Air Force Base..... $7,500,000
McChord Air Force Base....... $9,900,000
Wyoming.................. F.E. Warren Air Force Base... $9,000,000
CONUS Classified......... Classified Location.......... $700,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany.................. Spangdahlem Air Base......... $8,380,000
Vogelweh Annex............... $2,600,000
Greece................... Araxos Radio Relay Site...... $1,950,000
Italy.................... Aviano Air Base.............. $2,350,000
Ghedi Radio Relay Site....... $1,450,000
Turkey................... Ankara Air Station........... $7,000,000
Incirlik Air Base............ $4,500,000
United Kingdom........... Royal Air Force Lakenheath... $1,820,000
Royal Air Force Mildenhall... $2,250,000
Outside the United States Classified Location--Outside $17,100,000
the United States.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
------------------------------------------------------------------------
State/Country Installation Purpose Amount
------------------------------------------------------------------------
Alaska.......... Elmendorf Air Housing Office/ $3,000,000
Force Base. Maintenance
Facility. Arizona......... Davis Monthan 80 units............ $9,498,000
Air Force Base. Arkansas........ Little Rock Air Replace 1 General $210,000
Force Base. Officer Quarters. California...... Beale Air Force Family Housing $842,000
Base. Office.
Edwards Air 67 units............ $11,350,000
Force Base.
Vandenberg Air Family Housing $900,000
Force Base. Office.
Vandenberg Air 143 units........... $20,200,000
Force Base. Colorado........ Peterson Air Family Housing $570,000
Force Base. Office. District of Bolling Air 32 units............ $4,100,000
Columbia. Force Base. Florida......... Eglin Air Force Family Housing $500,000
Base. Office.
Eglin Auxiliary Family Housing $880,000
Field 9. Office/Maintenance
Facility.
MacDill Air Family Housing $646,000
Force Base. Office.
Patrick Air 70 units............ $7,947,000
Force Base.
Tyndall Air 52 units............ $5,500,000
Force Base. Georgia......... Moody Air Force 2 Officer and 1 $513,000
Base. General Officer
Quarters.
Robins Air Force 83 units............ $9,800,000
Base. Idaho........... Mountain Home Housing Management $844,000
Air Force Base. Facility. Kansas.......... McConnell Air 39 units............ $5,193,000
Force Base. Louisiana....... Barksdale Air 62 units............ $10,299,000
Force Base. Massachusetts... Hanscom Air 32 units............ $5,200,000
Force Base. Mississippi..... Keesler Air 98 units............ $9,300,000
Force Base. Missouri........ Whiteman Air 72 units............ $9,948,000
Force Base. Nevada.......... Nellis Air Force 6 units............. $1,357,000
Base.
Nellis Air Force 57 units............ $6,000,000
Base. New Mexico...... Holloman Air 1 General Officer $225,000
Force Base. Quarters.
Kirtland Air 105 units........... $11,000,000
Force Base. North Carolina.. Pope Air Force 104 units........... $9,984,000
Base.
Seymour Johnson 1 General Officer $204,000
Air Force Base. Quarters. Ohio............ Wright-Patterson 66 units............ $5,900,000
Air Force Base. South Carolina.. Shaw Air Force Housing Maintenance $715,000
Base. Facility. Texas........... Dyess Air Force Housing Maintenance $580,000
Base. Facility.
Lackland Air 67 units............ $6,200,000
Force Base.
Sheppard Air Family Housing $500,000
Force Base. Office.
Sheppard Air Housing Maintenance $600,000
Force Base. Facility. Washington...... McChord Air 50 units............ $9,504,000
Force Base. Guam............ Andersen Air Family Housing $1,700,000
Force Base. Office. Turkey.......... Incirlik Air 150 units........... $10,146,000
Base.
------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $9,039,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $97,071,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1995, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,740,704,000 as follows:
(1) For military construction projects inside the United States authorized by section 2301(a), $510,116,000.
(2) For military construction projects outside the United States authorized by section 2301(b), $49,400,000.
(3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $9,030,000.
(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $34,980,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities,
$287,965,000.
(B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $849,213,000.
(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
SEC. 2305. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED
FOR FISCAL YEAR 1992 MILITARY CONSTRUCTION
PROJECTS.
Section 2305(a) of the Military Construction Authorization Act for Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1525), as amended by section 2308(a)(2)(A) of the Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2598) and by section 2305(a)(3)(A) of the Military Construction Authorization Act for Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 1871), is further amended in the matter preceding paragraph (1) by striking out
``$2,033,833,000'' and inserting in lieu thereof
``$2,017,828,000''.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to section 2405(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency Installation Or Location Amount
------------------------------------------------------------------------
Ballistic Missile Defense
Organization:
Fort Bliss, Texas............ $13,600,000
Defense Finance &
Accounting Service:
Columbus Center, Ohio........ $72,403,000
Defense Intelligence
Agency:
Bolling Air Force Base,
District of Columbia........ $1,743,000
Defense Logistics Agency:
Defense Distribution
Anniston, Alabama........... $3,550,000
Defense Distribution
Stockton, California........ $15,000,000
Defense Fuel Supply Center,
Point Mugu, California...... $750,000
Defense Fuel Supply Center,
Dover Air Force Base,
Delaware.................... $15,554,000
Defense Fuel Supply Center,
Eglin Air Force Base,
Florida..................... $2,400,000
Defense Fuel Supply Center,
Barksdale Air Force Base,
Louisiana................... $13,100,000
Defense Fuel Supply Center,
McGuire Air Force Base, New
Jersey...................... $12,000,000
Defense Distribution Depot,
New Cumberland, Pennsylvania $4,600,000
Defense Distribution Depot,
Norfolk, Virginia........... $10,400,000
Defense Mapping Agency:
Defense Mapping Agency
Aerospace Center, Missouri.. $40,300,000
Defense Medical Facility
Office:
Maxwell Air Force Base, $10,000,000
Alabama.
Luke Air Force Base, Arizona. $8,100,000
Fort Irwin, California....... $6,900,000
Marine Corps Base, Camp
Pendleton, California....... $1,700,000
Vandenberg Air Force Base,
California.................. $5,700,000
Dover Air Force Base,
Delaware.................... $4,400,000
Fort Benning, Georgia........ $5,600,000
Barksdale Air Force Base,
Louisiana................... $4,100,000
Bethesda Naval Hospital,
Maryland.................... $1,300,000
Walter Reed Army Institute of
Research, Maryland.......... $1,550,000
Fort Hood, Texas............. $5,500,000
Lackland Air Force Base,
Texas....................... $6,100,000
Reese Air Force Base, Texas.. $1,000,000
Northwest Naval Security
Group Activity, Virginia.... $4,300,000
National Security Agency:
Fort Meade, Maryland......... $18,733,000
Office of the Secretary of Defense:
Classified Location Inside the United States........... $11,500,000
Department of Defense
Dependents Schools:
Maxwell Air Force Base,
Alabama..................... $5,479,000
Fort Benning, Georgia........ $1,116,000
Fort Jackson, South Carolina. $576,000
Special Operations
Command:
Marine Corps Air Station,
Camp Pendleton, California.. $5,200,000
Eglin Air Force Base, Florida $2,400,000
Eglin Auxiliary Field 9,
Florida..................... $14,150,000
Fort Bragg, North Carolina... $9,400,000
Olmstead Field, Harrisburg
International Airport,
Pennsylvania................ $1,643,000
Damneck, Virginia............ $4,500,000
Naval Amphibious Base, Little
Creek, Virginia............. $6,100,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to section 2405(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Agency Installation or Location Amount
------------------------------------------------------------------------
Defense Logistics Agency:
Defense Fuel Support Point,
Roosevelt Roads, Puerto Rico $6,200,000
Defense Fuel Supply Center,
Rota, Spain................. $7,400,000
Defense Medical Facility
Office:
Naval Support Activity,
Naples, Italy............... $5,000,000
Department of Defense
Dependents Schools:
Ramstein Air Force Base,
Germany..................... $19,205,000
Naval Air Station, Sigonella,
Italy....................... $7,595,000
National Security Agency:
Menwith Hill Station, United
Kingdom..................... $677,000
Special Operations
Command:
Naval Station, Guam.......... $8,800,000
------------------------------------------------------------------------
SEC. 2402. MILITARY HOUSING PRIVATE INVESTMENT.
(a) Availability of Funds for Investment.--Of the amount authorized to be appropriated pursuant to section 2405(a)(11)(A) of this Act, $22,000,000 shall be available for crediting to the Department of Defense Housing Improvement Fund established by section 2883 of title 10, United States Code (as added by section 2811 of this Act).
(b) Use of Funds.--Notwithstanding section 2883(c)(2) of title 10, United States Code (as so added), the Secretary of Defense may use funds credited to the Department of Defense Housing Improvement Fund under subsection (a) to carry out any activities authorized by subchapter IV of chapter 169 of such title (as so added).
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriation in section 2405(a)(11)(A), the Secretary of Defense may improve existing military family housing units in an amount not to exceed $3,772,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(9), the Secretary of Defense may carry out energy conservation projects under section 2865 of title 10, United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1995, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), in the total amount of $4,493,583,000 as follows:
(1) For military construction projects inside the United States authorized by section 2401(a), $317,444,000.
(2) For military construction projects outside the United States authorized by section 2401(b), $54,877,000.
(3) For military construction projects at Portsmouth Naval Hospital, Virginia, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Years 1990 and 1991 (division B of Public Law 101-189; 103 Stat. 1640),
$47,900,000.
(4) For military construction projects at Elmendorf Air Force Base, Alaska, hospital replacement, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2599), $28,100,000.
(5) For military construction projects at Walter Reed Army Institute of Research, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2599), $27,000,000.
(6) For unspecified minor construction projects under section 2805 of title 10, United States Code, $23,007,000.
(7) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $11,037,000.
(8) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $68,837,000.
(9) For energy conservation projects authorized by section 2404, $50,000,000.
(10) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), $3,799,192,000.
(11) For military family housing functions:
(A) For construction and acquisition and improvement of military family housing and facilities, $25,772,000.
(B) For support of military housing (including functions described in section 2833 of title 10, United States Code),
$30,467,000, of which not more than $24,874,000 may be obligated or expended for the leasing of military family housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--Notwithstanding the cost variation authorized by section 2853 of title 10, United States Code, and any other cost variations authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a); and
(2) $35,003,000 (the balance of the amount authorized under section 2401(a) for the construction of the Defense Finance and Accounting Service, Columbus Center, Ohio).
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
1995 PROJECTS.
The table in section 2401 of the Military Construction Authorization Act for Fiscal Year 1995 (division B of the Public Law 103-337; 108 Stat. 3040) is amended--
(1) in the item relating to Pine Bluff Arsenal, Arkansas, by striking out ``$3,000,000'' in the amount column and inserting in lieu thereof ``$97,000,000''; and
(2) in the item relating to Umatilla Army Depot, Oregon, by striking out ``$12,000,000'' in the amount column and inserting in lieu thereof ``$179,000,000''.
SEC. 2407. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED
FOR PRIOR YEAR MILITARY CONSTRUCTION PROJECTS.
(a) Fiscal Year 1991 Authorizations.--Section 2405(a) of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 1779), as amended by section 2409(b)(1) of the Military Construction Authorization Act for Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1991), is further amended in the matter preceding paragraph (1) by striking out
``$1,644,478,000'' and inserting in lieu thereof
``$1,641,244,000''.
(b) Fiscal Year 1992 Authorizations.--Section 2404(a) of the Military Construction Authorization Act for Fiscal Year 1992 (105 Stat. 1531), as amended by section 2404(b)(1)(A) of the Military Construction Authorization Act for Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 1877), is further amended in the matter preceding paragraph (1) by striking out ``$1,665,440,000'' and inserting in lieu thereof
``$1,658,640,000''.
(c) Fiscal Year 1993 Authorizations.--Section 2403(a) of the Military Construction Authorization Act for Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2600) is amended in the matter preceding paragraph (1) by striking out
``$2,567,146,000'' and inserting in lieu thereof
``$2,558,556,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Infrastructure Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1995, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Infrastructure Program, as authorized by section 2501, in the amount of $179,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning after September 30, 1995, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefore, under chapter 133 of title 10, United State Code (including the cost of acquisition of land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$148,589,000; and
(B) for the Army Reserve, $79,895,000.
(2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $7,920,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$167,503,000; and
(B) for the Air Force Reserve, $35,132,000.
SEC. 2602. REDUCTION IN AMOUNT AUTHORIZED TO BE APPROPRIATED
FOR FISCAL YEAR 1994 AIR NATIONAL GUARD
PROJECTS.
Section 2601(3)(A) of the Military Construction Authorization Act for Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 1878) is amended by striking out
``$236,341,000'' and inserting in lieu thereof
``$229,641,000''.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as provided in subsection (b), all authorizations contained in titles XXI through XXVI for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Infrastructure program (and authorizations of appropriations therefore) shall expire on the later of--
(1) October 1, 1998; or
(2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 1999.
(b) Exception.--Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Infrastructure program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of--
(1) October 1, 1998; or
(2) the date of the enactment of an Act authorizing funds for fiscal year 1999 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Infrastructure program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1993 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2602), authorizations for the projects set forth in the tables in subsection (b), as provided in section 2101, 2102, 2103, or 2106 of that Act, shall remain in effect until October 1, 1996, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 1997, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Army: Extension of 1993 Project Authorizations
------------------------------------------------------------------------
Installation or
State Location Project Amount
------------------------------------------------------------------------
Arkansas........ Pine Bluff Ammunition $15,000,000
Arsenal. Demilitarization
Support Facility. Hawaii.......... Schofield Add/Alter Sewage $17,500,000
Barracks. Treatment Plant. Virginia........ Fort Picket..... Family Housing (26 $2,300,000
units).
------------------------------------------------------------------------
Navy: Extension of 1993 Project Authorizations
------------------------------------------------------------------------
Installation or
State Location Project Amount
------------------------------------------------------------------------
California...... Camp Pendleton Sewage Treatment $19,740,000
Marine Corps Plant Modifications.
Base. Maryland........ Patuxent River Large Anechoic $60,990,000
Naval Warfare Chamber, Phase I.
Center. Mississippi..... Meridian Naval Child Development $1,100,000
Air Station. Center.
------------------------------------------------------------------------
Air Force: Extension of 1993 Project Authorizations
------------------------------------------------------------------------
Installation or
State Location Project Amount
------------------------------------------------------------------------
Arkansas........ Little Rock Air Fire Training $710,000
Force Base. Facility. District of Bolling Air Civil Engineer $9,400,000
Columbia. Force Base. Complex. Mississippi..... Keesler Air Alter Student $3,100,000
Force Base. Dormitory. Nebraska........ Offut Air Force Fire Training $840,000
Base. Facility. North Carolina.. Pope Air Force Construct Bridge $4,000,000
Base. Road and Utilities.
Pope Air Force Munitions Storage $4,300,000
Base. Complex. South Carolina.. Shaw Air Force Fire Training $680,000
Base. Facility. Virginia........ Langley Air Base Engineer $5,300,000
Force Base. Complex. Guam............ Andersen Air Landfill............ $10,000,000
Base. Portugal........ Lajes Field..... Water Wells......... $865,000
Lajes Field..... Fire Training $950,000
Facility.
------------------------------------------------------------------------
Army Reserve: Extension of 1993 Project Authorizations
------------------------------------------------------------------------
Installation or
State Location Project Amount
------------------------------------------------------------------------
West Virginia... Bluefield....... United States Army $1,921,000
Reserve Center.
Clarksburg...... United States Army $5,358,000
Reserve Center.
Grantville...... United States Army $2,785,000
Reserve Center.
Jane Lew........ United States Army $1,566,000
Reserve Center.
Lewisburg....... United States Army $1,631,000
Reserve Center.
Weirton......... United States Army $3,481,000
Reserve Center.
------------------------------------------------------------------------
Army National Guard: Extension of 1993 Project Authorizations
------------------------------------------------------------------------
Installation or
State Location Project Amount
------------------------------------------------------------------------
Alabama......... Tuscaloosa...... Armory.............. $2,273,000
Union Springs... Armory.............. $813,000
California...... Los Alamitos Fuel Facility....... $1,553,000
Armed Forces
Reserve Center. New Jersey...... Fort Dix........ State Headquarters.. $4,750,000
Oregon.......... La Grande....... Organizational $1,220,000
Maintenance Shop.
La Grande....... Armory Addition..... $3,049,000
Rhode Island.... North Kingston.. Add/Alter Armory.... $3,330,000
------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1992 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1535), authorizations for the projects set forth in the tables in subsection (b), as provided in section 2101 or 2601 of that Act, and extended by section 2702 of the Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 3047), shall remain in effect until October 1, 1996, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 1997, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Army: Extension of 1992 Project Authorizations
------------------------------------------------------------------------
Installation or
State Location Project Amount
------------------------------------------------------------------------
Oregon.......... Umatilla Army Ammunition $3,600,000
Depot. Demilitarization
Support Facility.
Umatilla Army Ammunition $7,500,000
Depot. Demilitarization
Utilities.
------------------------------------------------------------------------
Army National Guard: Extension of 1992 Project Authorization
------------------------------------------------------------------------
Installation or
State Location Project Amount
------------------------------------------------------------------------
Ohio............ Toledo.......... Armory.............. $3,183,000
------------------------------------------------------------------------
Army Reserve: Extension of 1992 Project Authorization
------------------------------------------------------------------------
Installation or
State Location Project Amount
------------------------------------------------------------------------
Tennessee....... Jackson......... Joint Training $1,537,000
Facility.
------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on the later of--
(1) October 1, 1995; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. SPECIAL THRESHOLD FOR UNSPECIFIED MINOR
CONSTRUCTION PROJECTS TO CORRECT LIFE, HEALTH,
OR SAFETY DEFICIENCIES.
(a) Special Threshold.--Section 2805 of title 10, United States Code, is amended--
(1) in subsection (a)(1), by adding at the end the following new sentence: ``However, if the military construction project is intended solely to correct a life-, health-, or safety-threatening deficiency, a minor military construction project may have an approved cost equal to or less than $3,000,000.''; and
(2) in subsection (c)(1), by striking out ``not more than
$300,000.'' and inserting in lieu thereof ``not more than--
``(A) $1,000,000, in the case of an unspecified military construction project intended solely to correct a life-, health-, or safety-threatening deficiency; or
``(B) $300,000, in the case of other unspecified military construction projects.''.
(b) Technical Amendment.--Section 2861(b)(6) of such title is amended by striking out ``section 2805(a)(2)'' and inserting in lieu thereof ``section 2805(a)(1)''.
SEC. 2802. CLARIFICATION OF SCOPE OF UNSPECIFIED MINOR
CONSTRUCTION AUTHORITY.
Section 2805(a)(1) of title 10, United States Code, as amended by section 2801 of this Act, is further amended by striking out ``(1) that is for a single undertaking at a military installation, and (2)'' in the second sentence.
SEC. 2803. TEMPORARY WAIVER OF NET FLOOR AREA LIMITATION FOR
FAMILY HOUSING ACQUIRED IN LIEU OF
CONSTRUCTION.
Section 2824(c) of title 10, United States Code, is amended by adding at the end the following sentence: ``The limitation set forth in the preceding sentence does not apply to family housing units acquired under this section during the 5-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996.''.
SEC. 2804. REESTABLISHMENT OF AUTHORITY TO WAIVE NET FLOOR
AREA LIMITATION ON ACQUISITION BY PURCHASE OF
CERTAIN MILITARY FAMILY HOUSING.
(a) Reestablishment.--Section 2826(e) of title 10, United States Code, is amended by striking out the second sentence.
(b) Applicability.--The Secretary concerned may exercise the authority provided in section 2826(e) of title 10, United States Code, as amended by subsection (a), on or after the date of the enactment of this Act.
(c) Definition.--In this section, the term ``Secretary concerned'' has the meaning given such term in section 101(a)(9) of title 10, United States Code, and includes the meaning given such term in section 2801(b)(3) of such title.
SEC. 2805. TEMPORARY WAIVER OF LIMITATIONS ON SPACE BY PAY
GRADE FOR MILITARY FAMILY HOUSING UNITS.
Section 2826 of title 10, United States Code, as amended by section 2804 of this Act, is further amended by adding at the end the following:
``(i)(1) This section does not apply to the construction, acquisition, or improvement of military family housing units during the 5-year period beginning on October 1, 1995.
``(2) The total number of military family housing units constructed, acquired, or improved during any fiscal year in the period referred to in paragraph (1) shall be the total number of such units authorized by law for that fiscal year.''.
SEC. 2806. INCREASE IN NUMBER OF FAMILY HOUSING UNITS SUBJECT
TO FOREIGN COUNTRY MAXIMUM LEASE AMOUNT.
(a) Increase in Number.--(1) Paragraph (1) of section 2828(e) of title 10, United States Code, is amended by striking out ``300 units'' in the first sentence and inserting in lieu thereof ``450 units''.
(2) Paragraph (2) of such section is amended by striking out ``300 units'' and inserting in lieu thereof ``450 units''.
(b) Waiver for Units for Incumbents of Special Positions and Other Personnel.--Paragraph (1) of such section is further amended by striking out ``220 such units'' in the second sentence and inserting in lieu thereof ``350 such units''.
SEC. 2807. EXPANSION OF AUTHORITY FOR LIMITED PARTNERSHIPS
FOR DEVELOPMENT OF MILITARY FAMILY HOUSING.
(a) Participation of Other Military Departments.--(1) Subsection (a)(1) of section 2837 of title 10, United States Code, is amended by striking out ``of the naval service'' and inserting in lieu thereof ``of the Army, Navy, Air Force, and Marine Corps''.
(2) Subsection (b)(1) of such section is amended by striking out ``of the naval service'' and inserting in lieu thereof ``of the military department under the jurisdiction of such Secretary''.
(b) Administration.--(1) Such subsection (a)(1) is further amended by striking out ``the Secretary of the Navy'' in the first sentence and inserting in lieu thereof ``the Secretary of a military department''.
(2) Subsection (c)(2) of such section is amended by striking out ``the Secretary shall'' in the first sentence and inserting in lieu thereof ``the Secretary of the military department concerned shall''.
(3) Subsection (f) of such section is amended by striking out ``the Secretary carries out'' and inserting in lieu thereof ``the Secretary of a military department carries out''.
(4) Subsection (g) of such section is amended by striking out ``Secretary,'' and inserting in lieu thereof ``Secretary of a military department,''.
(c) Account.--Subsection (d) of such section is amended to read as follows:
``(d) Account.--(1) There is hereby established on the books of the Treasury an account to be known as the `Defense Housing Investment Account'.
``(2) There shall be deposited into the account--
``(A) such funds as may be authorized for and appropriated to the account;
``(B) any proceeds received by the Secretary of a military department from the repayment of investments or profits on investments of the Secretary under subsection (a); and
``(C) any unobligated balances which remain in the Navy Housing Investment Account as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996.
``(3) From such amounts as is provided in advance in appropriation Acts, funds in the account shall be available to the Secretaries of the military departments in amounts determined by the Secretary of Defense for contracts, investments, and expenses necessary for the implementation of this section.
``(4) The Secretary of a military department may not enter into a contract in connection with a limited partnership under subsection (a) or a collateral incentive agreement under subsection (b) unless a sufficient amount of the unobligated balance of the funds in the account is available to the Secretary, as of the time the contract is entered into, to satisfy the total obligations to be incurred by the United States under the contract.''.
(d) Termination of Navy Housing Investment Board.--Such section is further amended--
(1) by striking out subsection (e); and
(2) in subsection (h)--
(A) by striking out ``(1)''; and
(B) by striking out paragraph (2).
(e) Extension of Authority.--Subsection (h) of such section, as amended by subsection (d) of this section, is further amended by striking out ``September 30, 1999'' and inserting in lieu thereof ``September 30, 2000''.
(f) Conforming Amendment.--Subsection (g) of such section is further amended by striking out ``Navy'' in the subsection caption.
SEC. 2808. CLARIFICATION OF SCOPE OF REPORT REQUIREMENT ON
COST INCREASES UNDER CONTRACTS FOR MILITARY
FAMILY HOUSING CONSTRUCTION.
Subsection (d) of section 2853 of title 10, United States Code, is amended to read as follows:
``(d) The limitation on cost increases in subsection (a) does not apply to--
``(1) the settlement of a contractor claim under a contract; or
``(2) a within-scope modification to a contract, but only if--
``(A) the increase in cost is approved by the Secretary concerned; and
``(B) the Secretary concerned promptly submits written notification of the facts relating to the proposed increase in cost to the appropriate committees of Congress.''.
SEC. 2809. AUTHORITY TO CONVEY DAMAGED OR DETERIORATED
MILITARY FAMILY HOUSING.
(a) Authority.--(1) Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2854 the following new section:
``Sec. 2854a. Conveyance of damaged or deteriorated military family housing; use of proceeds
``(a) Authority To Convey.--(1) Subject to paragraph (3), the Secretary concerned may convey any family housing facility, including family housing facilities located in the United States and family housing facilities located outside the United States, that, due to damage or deterioration, is in a condition that is uneconomical to repair. Any conveyance of a family housing facility under this section may include a conveyance of the real property associated with the facility conveyed.
``(2) The authority of this section does not apply to family housing facilities located at military installations approved for closure under a base closure law or family housing facilities located at installation outside the United States at which the Secretary of Defense terminates operations.
``(3) The aggregate total value of the family housing facilities conveyed by the Department of Defense under the authority in this subsection in any fiscal year may not exceed $5,000,000.
``(4) For purposes of this subsection, a family housing facility is in a condition that is uneconomical to repair if the cost of the necessary repairs for the facility would exceed the amount equal to 70 percent of the cost of constructing a family housing facility to replace such facility.
``(b) Consideration.--(1) As consideration for the conveyance of a family housing facility under subsection (a), the person to whom the facility is conveyed shall pay the United States an amount equal to the fair market value of the facility conveyed, including any real property conveyed along with the facility.
``(2) The Secretary concerned shall determine the fair market value of any family housing facility and associated real property that is conveyed under subsection (a). Such determinations shall be final.
``(c) Notice and Wait Requirements.--The Secretary concerned may not enter into an agreement to convey a family housing facility under this section until--
``(1) the Secretary submits to the appropriate committees of Congress, in writing, a justification for the conveyance under the agreement, including--
``(A) an estimate of the consideration to be provided the United States under the agreement;
``(B) an estimate of the cost of repairing the family housing facility to be conveyed; and
``(C) an estimate of the cost of replacing the family housing facility to be conveyed; and
``(2) a period of 21 calendar days has elapsed after the date on which the justification is received by the committees.
``(d) Inapplicability of Certain Property Disposal Laws.--The following provisions of law do not apply to the conveyance of a family housing facility under this section:
``(1) The provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
``(2) The provisions of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.).
``(e) Use of Proceeds.--(1) The proceeds of any conveyance of a family housing facility under this section shall be credited to the Department of Defense Military Housing Improvement Fund established under section 2883 of this title and available for the purposes described in paragraph (2).
``(2) The proceeds of a conveyance of a family housing facility under this section may be used for the following purposes:
``(A) To construct family housing units to replace the family housing facility conveyed under this section, but only to the extent that the number of units constructed with such proceeds does not exceed the number of units of military family housing of the facility conveyed.
``(B) To repair or restore existing military family housing.
``(C) To reimburse the Secretary concerned for the costs incurred by the Secretary in conveying the family housing facility.
``(3) Notwithstanding section 2883(c) of this title, proceeds in the account under this subsection shall be available under paragraph (1) for purposes described in paragraph (2) without any further appropriation.
``(f) Description of Property.--The exact acreage and legal description of any family housing facility conveyed under this section, including any real property associated with such facility, shall be determined by such means as the Secretary concerned considers satisfactory, including by survey in the case of real property.
``(g) Additional Terms and Conditions.--The Secretary concerned may require such additional terms and conditions in connection with the conveyance of family housing facilities under this section as the Secretary considers appropriate to protect the interests of the United States.''.
(2) The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2854 the following new item:
``Sec. 2854a. Conveyance of damaged or deteriorated military family housing; use of proceeds.''.
(b) Conforming Amendment.--Section 204(h) of the Federal Property and Administrative Services Act 1949 (40 U.S.C. 485(h)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new paragraph (4):
``(4) This subsection does not apply to family housing facilities covered by section 2854a of title 10, United States Code.''. SEC. 2810. ENERGY AND WATER CONSERVATION SAVINGS FOR THE
DEPARTMENT OF DEFENSE.
(a) Inclusion of Water Efficient Maintenance in Energy Performance Plan.--Paragraph (3) of section 2865(a) of title 10, United States Code, is amended by striking out ``energy efficient maintenance'' and inserting in lieu thereof
``energy efficient maintenance or water efficient maintenance''.
(b) Scope of Term.--Paragraph (4) of such section is amended--
(1) in the matter preceding subparagraph (A), by striking out `` `energy efficient maintenance' '' and inserting in lieu thereof `` `energy efficient maintenance or water efficient maintenance' '';
(2) in subparagraph (A), by striking out ``systems or industrial processes,'' in the matter preceding clause (i) and inserting in lieu thereof ``systems, industrial processes, or water efficiency applications,''; and
(3) in subparagraph (B), by inserting ``or water cost savings'' before the period at the end.
SEC. 2811. ALTERNATIVE AUTHORITY FOR CONSTRUCTION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) Alternative Authority To Construct and Improve Military Housing.--(1) Chapter 169 of title 10, United States Code, is amended by adding at the end the following:
``SUBCHAPTER IV--ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT
OF MILITARY HOUSING
``Sec.
``2871. Definitions.
``2872. General authority.
``2873. Direct loans and loan guarantees.
``2874. Leasing of housing to be constructed.
``2875. Investments in nongovernmental entities.
``2876. Rental guarantees.
``2877. Differential lease payments.
``2878. Conveyance or lease of existing property and facilities.
``2879. Interim leases.
``2880. Unit size and type.
``2881. Support facilities.
``2882. Assignment of members of the armed forces to housing units.
``2883. Department of Defense Housing Improvement Fund.
``2884. Reports.
``2885. Expiration of authority.
``Sec. 2871. Definitions
``In this subchapter:
``(1) The term `base closure law' means the following:
``(A) Section 2687 of this title.
``(B) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
``(C) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
``(2) The term `Secretary concerned' includes the Secretary of Defense.
``(3) The term `support facilities' means facilities relating to military housing units, including child care centers, day care centers, community centers, housing offices, maintenance complexes, dining facilities, unit offices, fitness centers, parks, and other similar facilities for the support of military housing.
``Sec. 2872. General authority
``In addition to any other authority provided under this chapter for the acquisition, construction, or improvement of military family housing or military unaccompanied housing, the Secretary concerned may exercise any authority or any combination of authorities provided under this subchapter in order to provide for the acquisition, construction, improvement, or rehabilitation by private persons of the following:
``(1) Family housing units on or near military installations within the United States and its territories and possessions.
``(2) Unaccompanied housing units on or near such military installations.
``Sec. 2873. Direct loans and loan guarantees
``(a) Direct Loans.--(1) Subject to subsection (c), the Secretary concerned may make direct loans to persons in the private sector in order to provide funds to such persons for the acquisition, construction, improvement, or rehabilitation of housing units that the Secretary determines are suitable for use as military family housing or as military unaccompanied housing.
``(2) The Secretary concerned shall establish such terms and conditions with respect to loans made under this subsection as the Secretary considers appropriate to protect the interests of the United States, including the period and frequency for repayment of such loans and the obligations of the obligors on such loans upon default.
``(b) Loan Guarantees.--(1) Subject to subsection (c), the Secretary concerned may guarantee a loan made to any person in the private sector if the proceeds of the loan are to be used by the person to acquire, construct, improve, or rehabilitate housing units that the Secretary determines are suitable for use as military family housing or as military unaccompanied housing.
``(2) The amount of a guarantee on a loan that may be provided under paragraph (1) may not exceed the amount equal to the lesser of--
``(A) the amount equal to 80 percent of the value of the project; or
``(B) the amount of the outstanding principal of the loan.
``(3) The Secretary concerned shall establish such terms and conditions with respect to guarantees of loans under this subsection as the Secretary considers appropriate to protect the interests of the United States, including the rights and obligations of obligors of such loans and the rights and obligations of the United States with respect to such guarantees.
``(c) Limitation on Direct Loan and Guarantee Authority.--Direct loans and loan guarantees may be made under this section only to the extent that appropriations of budget authority to cover their cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) are made in advance, or authority is otherwise provided in appropriations Acts. If such appropriation or other authority is provided, there may be established a financing account (as defined in section 502(7) of such Act (2 U.S.C. 661a(7)) which shall be available for the disbursement of direct loans or payment of claims for payment on loan guarantees under this section and for all other cash flows to and from the Government as a result of direct loans and guarantees made under this section.
``Sec. 2874. Leasing of housing to be constructed
``(a) Build and Lease Authorized.--The Secretary concerned may enter into contracts for the lease of family housing units or unaccompanied housing units to be constructed, improved, or rehabilitated under this subchapter.
``(b) Lease Terms.--A contract under this section may be for any period that the Secretary concerned determines appropriate.
``Sec. 2875. Investments in nongovernmental entities
``(a) Investments Authorized.--The Secretary concerned may make investments in nongovernmental entities carrying out projects for the acquisition, construction, improvement, or rehabilitation of housing units suitable for use as military family housing or as military unaccompanied housing.
``(b) Forms of Investment.--An investment under this section may take the form of a direct investment by the United States, an acquisition of a limited partnership interest by the United States, a purchase of stock or other equity instruments by the United States, a purchase of bonds or other debt instruments by the United States, or any combination of such forms of investment.
``(c) Limitation on Value of Investment.--(1) The cash amount of an investment under this section in a nongovernmental entity may not exceed an amount equal to 35 percent of the capital cost (as determined by the Secretary concerned) of the project or projects that the entity proposes to carry out under this section with the investment.
``(2) If the Secretary concerned conveys land or facilities to a nongovernmental entity as all or part of an investment in the entity under this section, the total value of the investment by the Secretary under this section may not exceed an amount equal to 45 percent of the capital cost (as determined by the Secretary) of the project or projects that the entity proposes to carry out under this section with the investment.
``(3) In this subsection, the term `capital cost', with respect to a project for the acquisition, construction, improvement, or rehabilitation of housing, means the total amount of the costs included in the basis of the housing for Federal income tax purposes.
``(d) Collateral Incentive Agreements.--The Secretary concerned may enter into collateral incentive agreements with nongovernmental entities in which the Secretary makes an investment under this section to ensure that a suitable preference will be afforded members of the armed forces in the lease or purchase, as the case may be, of a reasonable number of the housing units covered by the investment.
``Sec. 2876. Rental guarantees
``The Secretary concerned may enter into agreements with private persons that acquire, construct, improve, or rehabilitate family housing units or unaccompanied housing units under this subchapter in order to assure--
``(1) the occupancy of such units at levels specified in the agreements; or
``(2) rental income derived from rental of such units at levels specified in the agreements.
``Sec. 2877. Differential lease payments
``The Secretary concerned, pursuant to an agreement entered into by the Secretary and a private lessor of family housing or unaccompanied housing to members of the armed forces, may pay the lessor an amount in addition to the rental payments for the housing made by the members as the Secretary determines appropriate to encourage the lessor to make the housing available to members of the armed forces as family housing or as unaccompanied housing.
``Sec. 2878. Conveyance or lease of existing property and facilities
``(a) Conveyance or Lease Authorized.--The Secretary concerned may convey or lease property or facilities
(including support facilities) to private persons for purposes of using the proceeds of such conveyance or lease to carry out activities under this subchapter.
``(b) Inapplicability to Property at Installation Approved for Closure.--The authority of this section does not apply to property or facilities located on or near a military installation approved for closure under a base closure law.
``(c) Terms and Conditions.--(1) The conveyance or lease of property or facilities under this section shall be for such consideration and upon such terms and conditions as the Secretary concerned considers appropriate for the purposes of this subchapter and to protect the interests of the United States.
``(2) As part or all of the consideration for a conveyance or lease under this section, the purchaser or lessor (as the case may be) may enter into an agreement with the Secretary to ensure that a suitable preference will be afforded members of the armed forces in the lease or sublease of a reasonable number of the housing units covered by the conveyance or lease, as the case may be, or in the lease of other suitable housing units made available by the purchaser or lessee.
``(d) Inapplicability of Certain Property Management Laws.--The conveyance or lease of property or facilities under this section shall not be subject to the following provisions of law:
``(1) Section 2667 of this title.
``(2) The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
``(3) Section 321 of the Act of June 30, 1932 (commonly known as the Economy Act) (47 Stat. 412, chapter 314; 40 U.S.C. 303b).
``(4) The Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.).
``Sec. 2879. Interim leases
``Pending completion of a project to acquire, construct, improve, or rehabilitate family housing units or unaccompanied housing units under this subchapter, the Secretary concerned may provide for the interim lease of such units of the project as are complete. The term of a lease under this section may not extend beyond the date of the completion of the project concerned.
``Sec. 2880. Unit size and type
``(a) Conformity with Similar Housing Units in Locale.--The Secretary concerned shall ensure that the room patterns and floor areas of family housing units and unaccompanied housing units acquired, constructed, improved, or rehabilitated under this subchapter are generally comparable to the room patterns and floor areas of similar housing units in the locality concerned.
``(b) Inapplicability of Limitations on Space by Pay Grade.--(1) Section 2826 of this title does not apply to family housing units acquired, constructed, improved, or rehabilitated under this subchapter.
``(2) The regulations prescribed under section 2856 of this title do not apply to unaccompanied housing units acquired, constructed, improved, or rehabilitated under this subchapter.
``Sec. 2881. Support facilities
``Any project for the acquisition, construction, improvement, or rehabilitation of family housing units or unaccompanied housing units under this subchapter may include the acquisition, construction, or improvement of support facilities for the housing units concerned.
``Sec. 2882. Assignment of members of the armed forces to housing units
``(a) In General.--The Secretary concerned may assign members of the armed forces to housing units acquired, constructed, improved, or rehabilitated under this subchapter.
``(b) Effect of Certain Assignments on Entitlement to Housing Allowances.--(1) Except as provided in paragraph (2), housing referred to in subsection (a) shall be considered as quarters of the United States or a housing facility under the jurisdiction of a uniformed service for purposes of section 403(b) of title 37.
``(2) A member of the armed forces who is assigned in accordance with subsection (a) to a housing unit not owned or leased by the United States shall be entitled to a basic allowance for quarters under section 403 of title 37 and, if in a high housing cost area, a variable housing allowance under section 403a of that title.
``(c) Lease Payments Through Pay Allotments.--The Secretary concerned may require members of the armed forces who lease housing in housing units acquired, constructed, improved, or rehabilitated under this subchapter to make lease payments for such housing pursuant to allotments of the pay of such members under section 701 of title 37.
``Sec. 2883. Department of Defense Housing Improvement Fund
``(a) Establishment.--There is hereby established on the books of the Treasury an account to be known as the Department of Defense Housing Improvement Fund (in this section referred to as the `Fund'). The Secretary of Defense shall administer the Fund as a single account.
``(b) Credits to Fund.--There shall be credited to the Fund the following:
``(1) Funds appropriated to the Fund.
``(2) Any funds that the Secretary of Defense may, to the extent provided in appropriations Acts, transfer to the Fund from funds appropriated to the Department of Defense for family housing, except that such funds may be transferred only after the Secretary of Defense transmits written notice of, and justification for, such transfer to the appropriate committees of Congress.
``(3) Any funds that the Secretary of Defense may, to the extent provided in appropriations Acts, transfer to the Fund from funds appropriated to the Department of Defense for military unaccompanied housing or for the operation and maintenance of military unaccompanied housing, except that such funds may be transferred only after the Secretary of Defense transmits written notice of, and justification for, such transfer to the appropriate committees of Congress.
``(4) Proceeds from the conveyance or lease of property or facilities under section 2878 of this title.
``(5) Income from any activities under this subchapter, including interest on loans made under section 2873 of this title, income and gains realized from investments under section 2875 of this title, and any return of capital invested as part of such investments.
``(c) Use of Funds.--(1) To the extent provided in appropriations Acts and except as provided in paragraphs (2) and (3), the Secretary of Defense may use amounts in the Fund to carry out activities under this subchapter (including activities required in connection with the planning, execution, and administration of contracts or agreements entered into under the authority of this subchapter) and may transfer funds to the Secretaries of the military departments to permit such Secretaries to carry out such activities.
``(2)(A) Funds in the fund that are derived from appropriations or transfers of funds for military family housing, or from income from activities under this subchapter with respect to such housing, may be used in accordance with paragraph (1) only to carry out activities under this subchapter with respect to military family housing.
``(B) Funds in the fund that are derived from appropriations or transfers of funds for military unaccompanied housing, or from income from activities under this subchapter with respect to such housing, may be used in accordance with paragraph (1) only to carry out activities under this subchapter with respect to military unaccompanied housing.
``(3) The Secretary may not enter into a contract or agreement to carry out activities under this subchapter unless the Fund contains sufficient amounts, as of the time the contract or agreement is entered into, to satisfy the total obligations to be incurred by the United States under the contract or agreement.
``(d) Limitation on Amount of Budget Authority.--The total value in budget authority of all contracts, agreements, and investments undertaken using the authorities provided in this subchapter shall not exceed $1,000,000,000.
``Sec. 2884. Reports
``(a) Project Reports.--The Secretary of Defense shall transmit to the appropriate committees of Congress a report on each contract or agreement for a project for the acquisition, construction, improvement, or rehabilitation of family housing units or unaccompanied housing units that the Secretary proposes to solicit under this subchapter. The report shall describe the project and the intended method of participation of the United States in the project and provide a justification of such method of participation.
``(b) Annual Reports.--The Secretary of Defense shall include each year in the materials that the Secretary submits to Congress in support of the budget submitted by the President pursuant to section 1105 of title 31 the following:
``(1) A report on the expenditures and receipts during the preceding fiscal year from the Department of Defense Housing Improvement Fund established under section 2883 of this title.
``(2) A methodology for evaluating the extent and effectiveness of the use of the authorities under this subchapter during such preceding fiscal year.
``(3) A description of the objectives of the Department of Defense for providing military family housing and military unaccompanied housing for members of the armed forces.
``Sec. 2885. Expiration of authority
``The authority to enter into a transaction under this subchapter shall expire 5 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996.''.
(2) The table of subchapters at the beginning of such chapter is amended by inserting after the item relating to subchapter III the following new item:
``IV. Alternative Authority for Acquisition and Improvement of Military
Housing.................................................2870''.....
(b) Final Report.--Not later than March 1, 2000, the Secretary of Defense shall submit to the congressional defense committees a report on the use by the Secretary of Defense and the Secretaries of the military departments of the authorities provided by subchapter IV of chapter 169 of title 10, United States Code, as added by subsection (a). The report shall assess the effectiveness of such authority in providing for the construction and improvement of military family housing and military unaccompanied housing.
(c) Cross Reference Amendment.--(1) Chapter 169 of title 10, United States Code, is further amended by inserting after section 2822 the following new section:
``Sec. 2822a. Additional authority relating to military housing
``For additional authority regarding the acquisition, construction, or improvement of military family housing and military unaccompanied housing, see subchapter IV of this chapter.''.
(2) The table of sections at the beginning of subchapter II of such chapter is amended by inserting after the item relating to section 2822 the following new item:
``2822a. Additional authority relating to military housing.''.SEC. 2812. PERMANENT AUTHORITY TO ENTER INTO LEASES OF LAND
FOR SPECIAL OPERATIONS ACTIVITIES.
(a) Permanent Authority.--Section 2680 of title 10, United States Code, is amended by striking out subsection (d).
(b) Reporting Requirement.--Such section is further amended by adding at the end the following new subsection (d):
``(d) Reports.--Not later than March 1 of each year, the Secretary of Defense shall submit to the Committee on the Armed Services of the Senate and the Committee on National Security of the House of Representatives a report that--
``(1) identifies each leasehold interest acquired during the previous fiscal year under subsection (a); and
``(2) contains a discussion of each project for the construction or modification of facilities carried out pursuant to subsection (c) during such fiscal year.''.
SEC. 2813. AUTHORITY TO USE FUNDS FOR CERTAIN EDUCATIONAL
PURPOSES.
Section 2008 of title 10, United States Code, is amended by striking out ``section 10'' and all that follows through the period at the end and inserting in lieu thereof
``construction, as defined in section 8013(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(3)), or to carry out section 8008 of such Act (20 U.S.C. 7708), relating to impact aid.''.
Subtitle B--Defense Base Closure and Realignment
SEC. 2821. IN-KIND CONSIDERATION FOR LEASES AT INSTALLATIONS
TO BE CLOSED OR REALIGNED.
Section 2667(f) of title 10, United States Code, is amended by adding at the end the following:
``(4) The Secretary concerned may accept under subsection
(b)(5) services of a lessee for an entire installation to be closed or realigned under a base closure law, or for any part of such installation, without regard to the requirement in subsection (b)(5) that a substantial part of the installation be leased.''.
SEC. 2822. CLARIFICATION OF AUTHORITY REGARDING CONTRACTS FOR
COMMUNITY SERVICES AT INSTALLATIONS BEING
CLOSED.
(a) 1988 Law.--Section 204(b)(8)(A) of the Defense Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended--
(1) by striking out ``may contract'' and inserting in lieu thereof ``may enter into agreements (including contracts, cooperative agreements, or other arrangements)''; and
(2) by adding at the end the following new sentence: ``An agreement under the authority in the preceding sentence may provide for the reimbursement of the local government concerned by the Secretary for the cost of any services provided under the agreement by that government.''.
(b) 1990 Law.--Section 2905(b)(8)(A) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) by striking out ``may contract'' and inserting in lieu thereof ``may enter into agreements (including contracts, cooperative agreements, or other arrangements)''; and
(2) by adding at the end the following new sentence: ``An agreement under the authority in the preceding sentence may provide for the reimbursement of the local government concerned by the Secretary for the cost of any services provided under the agreement by that government.''.
SEC. 2823. CLARIFICATION OF FUNDING FOR ENVIRONMENTAL
RESTORATION AT INSTALLATIONS APPROVED FOR
CLOSURE OR REALIGNMENT IN 1995.
Subsection (e) of section 2906 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended to read as follows:
``(e) Account Exclusive Source of Funds for Environmental Restoration Projects.--(1) Except for funds deposited into the Account under subsection (a), and except as provided in paragraph (2), funds appropriated to the Department of Defense may not be used for purposes described in section 2905(a)(1)(C). The prohibition in this subsection shall expire upon the termination of the Secretary's authority to carry out a closure or realignment under this part.
``(2) Funds in the Defense Environmental Restoration Account established under section 2703(a) of title 10, United States Code, may be used in fiscal year 1996 for environmental restoration at installations approved for closure or realignment under this part in 1995.''.
SEC. 2824. AUTHORITY TO LEASE PROPERTY REQUIRING
ENVIRONMENTAL REMEDIATION AT INSTALLATIONS
APPROVED FOR CLOSURE.
Section 120(h)(3) of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9620(h)(3)) is amended in the matter following subparagraph
(C)--
(1) by striking out the first sentence; and
(2) by adding at the end, flush to the paragraph margin, the following:
``The requirements of subparagraph (B) shall not apply in any case in which the person or entity to whom the real property is transferred is a potentially responsible party with respect to such property.
``The requirements of subparagraph (B) shall not apply in any case in which the transfer of the property occurs or has occurred by means of a lease, without regard to whether the lessee has agreed to purchase the property or whether the duration of the lease is longer than 55 years. In the case of a lease entered into after September 30, 1995, with respect to real property located at an installation approved for closure or realignment under a base closure law, the agency leasing the property, in consultation with the Administrator, shall determine before leasing the property that the property is suitable for lease, that the uses contemplated for the lease are consistent with protection of human health and the environment, and that there are adequate assurances that the United States will take all remedial action referred to in subparagraph (B) that has not been taken on the date of the lease.''.
SEC. 2825. FINAL FUNDING FOR DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION.
Section 2902(k) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the end the following:
``(3)(A) The Secretary may transfer from the account referred to in subparagraph (B) such unobligated funds in that account as may be necessary for the Commission to carry out its duties under this part during October, November, and December 1995. Funds transferred under the preceding sentence shall remain available until December 31, 1995.
``(B) The account referred to in subparagraph (A) is the Department of Defense Base Closure Account established under section 207(a) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).''.
SEC. 2826. IMPROVEMENT OF BASE CLOSURE AND REALIGNMENT
PROCESS.
(a) Applicability.--Subparagraph (A) of section 2905(b)(7) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by striking out ``Determinations of the use to assist the homeless of buildings and property located at installations approved for closure under this part'' and inserting in lieu thereof ``Procedures for the disposal of buildings and property located at installations approved for closure or realignment under this part''.
(b) Redevelopment Authorities.--Subparagraph (B) of such section is amended by adding at the end the following:
``(iii) The chief executive officer of the State in which an installation covered by this paragraph is located may assist in resolving any disputes among citizens or groups of citizens as to the individuals and groups constituting the redevelopment authority for the installation.''.
(c) Agreements Under Redevelopment Plans.--Subparagraph
(F)(ii)(I) of such section is amended in the second sentence by striking out ``the approval of the redevelopment plan by the Secretary of Housing and Urban Development under subparagraph (H) or (J)'' and inserting in lieu thereof ``the decision regarding the disposal of the buildings and property covered by the agreements by the Secretary of Defense under subparagraph (K) or (L)''.
(d) Revision of Redevelopment Plans.--Subparagraph (I) of such section is amended by inserting ``the Secretary of Defense and'' before ``the Secretary of Housing and Urban Development'' each place it appears.
(e) Disposal of Buildings and Property.--(1) Subparagraph
(K) of such section is amended to read as follows:
``(K)(i) Upon receipt of a notice under subparagraph
(H)(iv) or (J)(ii) of the determination of the Secretary of Housing and Urban Development that a redevelopment plan for an installation meets the requirements set forth in subparagraph (H)(i), the Secretary of Defense shall dispose of the buildings and property at the installation.
``(ii) For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary shall treat the redevelopment plan for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation.
``(iii) The Secretary shall dispose of buildings and property under clause (i) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) In preparing the record of decision or other decision document, the Secretary shall give substantial deference to the redevelopment plan concerned.
``(iv) The disposal under clause (i) of buildings and property to assist the homeless shall be without consideration.
``(v) In the case of a request for a conveyance under clause (i) of buildings and property for public benefit under section 203(k) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)) and subchapter II of chapter 471 of title 49, United States Code, the applicant and use proposed in the request shall be determined to be eligible for the public benefit conveyance under the eligibility criteria set forth in such section or such subchapter. The determination of such eligibility should be made before the redevelopment plan concerned under subparagraph (G) ''.
(2) Subparagraph (L) of such section is amended by striking out clauses (iii) and (iv) and inserting in lieu thereof the following new clauses (iii) and (iv):
``(iii) Not later than 90 days after the date of the receipt of a revised plan for an installation under subparagraph (J), the Secretary of Housing and Urban Development shall--
``(I) notify the Secretary of Defense and the redevelopment authority concerned of the buildings and property at an installation under clause (i)(IV) that the Secretary of Housing and Urban Development determines are suitable for use to assist the homeless; and
``(II) notify the Secretary of Defense of the extent to which the revised plan meets the criteria set forth in subparagraph (H)(i).
``(iv)(I) Upon notice from the Secretary of Housing and Urban Development with respect to an installation under clause (iii), the Secretary of Defense shall, after consultation with the Secretary of Housing and Urban Development and redevelopment authority concerned, dispose of buildings and property at the installation.
``(II) For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary shall treat the redevelopment plan for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation.
``(III) The Secretary shall dispose of buildings and property under subclause (I) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) In preparing the record of decision or other decision document, the Secretary shall give deference to the redevelopment plan concerned.
``(IV) The disposal under subclause (I) of buildings and property to assist the homeless shall be without consideration.
``(V) In the case of a request for a conveyance under clause (i) of buildings and property for public benefit under section 203(k) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)) and subchapter II of chapter 471 of title 49, United States Code, the applicant and use proposed in the request shall be determined to be eligible for the public benefit conveyance under the eligibility criteria set forth in such section or such subchapter. The determination of such eligibility should be made before the redevelopment plan concerned under subparagraph (G) ''.
(f) Conforming Amendment.--Subparagraph (M)(i) of such section is amended by inserting ``or (L)'' after
``subparagraph (K)''.
(g) Clarification of Participants In Process.--Such section is further amended by adding at the end the following:
``(P) For purposes of this paragraph, the term `other interested parties', in the case of an installation, includes any parties eligible for the conveyance of property of the installation under section 203(k) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)) or subchapter II of chapter 471 of title 49, United States Code, whether or not the parties assist the homeless.''.
(h) Technical Amendments.--Section 2910 of such Act is amended--
(1) by designating the paragraph (10) added by section 2(b) of the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (Public Law 103-421; 108 Stat. 4352) as paragraph (11); and
(2) in such paragraph, as so designated, by striking out
``section 501(h)(4) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411(h)(4))'' and inserting in lieu thereof ``section 501(i)(4) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411(i)(4))''.
SEC. 2827. EXERCISE OF AUTHORITY DELEGATED BY THE
ADMINISTRATOR OF GENERAL SERVICES.
Section 2905(b)(2) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) in subparagraph (A)--
(A) by striking out ``Subject to subparagraph (C)'' in the matter preceding clause (i) and inserting in lieu thereof
``Subject to subparagraph (B)''; and
(B) by striking out ``in effect on the date of the enactment of this Act'' each place it appears in clauses (i) and (ii);
(2) by striking out subparagraphs (B) and (C) and inserting in lieu thereof the following new subparagraph (B):
``(B) The Secretary may, with the concurrence of the Administrator of General Services--
``(i) prescribe general policies and methods for utilizing excess property and disposing of surplus property pursuant to the authority delegated under paragraph (1); and
``(ii) issue regulations relating to such policies and methods which regulations supersede the regulations referred to in subparagraph (A) with respect to that authority.''; and
(3) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively.
SEC. 2828. LEASE BACK OF PROPERTY DISPOSED FROM INSTALLATIONS
APPROVED FOR CLOSURE OR REALIGNMENT.
(a) Authority.--Section 2905(b)(4) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following new subparagraph (C):
``(C)(i) The Secretary may transfer real property at an installation approved for closure or realignment under this part (including property at an installation approved for realignment which property will be retained by the Department of Defense or another Federal agency after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon transfer, all or a significant portion of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph (B) shall apply to a transfer under this subparagraph.
``(ii) A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned.
``(iii) A lease under clause (i) may not require rental payments by the United States.
``(iv) A lease under clause (i) shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may, upon approval by the redevelopment authority concerned, be satisfied by the same or another department or agency of the Federal Government using the property for a use similar to the use under the lease.''.
(b) Use of Funds To Improve Leased Property.--Notwithstanding any other provision of law, a department or agency of the Federal Government that enters into a lease of property under section 2905(b)(4)(C) of the such Act, as amended by subsection (a), may use funds appropriated or otherwise available to the department or agency for such purpose to improve the leased property.
SEC. 2829. PROCEEDS OF LEASES AT INSTALLATIONS APPROVED FOR
CLOSURE OR REALIGNMENT.
(a) Interim Leases.--Section 2667(d) of title 10, United States Code, is amended--
(1) in paragraph (1)(A)--
(A) by striking out ``and'' at the end of clause (i);
(B) by striking out the period at the end of clause (ii) and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following:
``(iii) money rentals referred to in paragraph (5).''; and
(2) by adding at the end the following:
``(5) Money rentals received by the United States under subsection (f) shall be deposited in the Department of Defense Base Closure Account 1990 established under section 2906(a) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).''.
(b) Deposit in 1990 Account.--Section 2906(a)(2) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) in subparagraph (C)--
(A) by striking out ``transfer or disposal'' and inserting in lieu thereof ``transfer, lease, or other disposal''; and
(B) by striking out ``and'' at the end;
(2) in subparagraph (D)--
(A) by striking out ``transfer or disposal'' and inserting in lieu thereof ``transfer, lease, or other disposal''; and
(B) by striking out the period at the end and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following:
``(E) money rentals received by the United States under section 2667(f) of title 10, United States Code.''.
SEC. 2830. CONSOLIDATION OF DISPOSAL OF PROPERTY AND
FACILITIES AT FORT HOLABIRD, MARYLAND.
(a) Consolidation.--Notwithstanding any other provision of law, the Secretary of Defense shall dispose of the property and facilities at Fort Holabird, Maryland, described in subsection (b) in accordance with subparagraph (2)(e) of the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (P.L. 103-421), treating the property described in subsection (b) as if the CEO of the State had submitted a timely request to the Secretary of Defense under subparagraph
(2)(e)(1)(B)(ii) of the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (P.L. 103-421).
(b) Covered Property and Facilities.--Subsection (a) applies to the following property and facilities at Fort Holabird, Maryland:
(1) Property and facilities that were approved for closure or realignment under the 1988 base closure law that are not disposed of as of the date of the enactment of this Act, including buildings 305 and 306 and the parking lots and other property associated with such buildings.
(2) Property and facilities that are approved for closure or realignment under the 1990 base closure law in 1995.
(c) Use of Surveys and Other Evaluations of Property.--In carrying out the disposal of the property and facilities referred to in subsection (b)(1), the Secretary shall utilize any surveys and other evaluations of such property and facilities that are prepared by the Corps of Engineers before the date of the enactment of this Act as part of the process for the disposal of such property and facilities under the 1988 base closure law.
(d) Definitions.--In this section:
(1) The term ``1988 base closure law'' means title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
(2) The term ``1990 base closure law'' means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
SEC. 2830A. LAND CONVEYANCE, PROPERTY UNDERLYING CUMMINS
APARTMENT COMPLEX, FORT HOLABIRD, MARYLAND.
(a) Conveyance Authorized.--Notwithstanding any other provision of law, the Secretary of the Army may convey to the existing owner of the improvements thereon all right, title, and interest of the United States in and to a parcel of real property underlying the Cummins Apartment Complex at Fort Holabird, Maryland, consisting of approximately 6 acres and any interest the United States may have in the improvements thereon.
(b) Consideration.--As consideration for the conveyance under subsection (a), the owner of the improvements referred to in that subsection shall provide compensation to the United States in an amount equal to the fair market value (as determined by the Secretary) of the property interest to be conveyed.
(c) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey that is satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2830B. INTERIM LEASES OF PROPERTY APPROVED FOR CLOSURE
OR REALIGNMENT.
Section 2667(f) of title 10, United States Code, is amended by adding at the end the following:
``(4)(A) Notwithstanding the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the scope of any environmental impact analysis necessary to support an interim lease of property under this subsection shall be limited to the environmental consequences of activities authorized under the proposed lease and the cumulative impacts of other past, present, and reasonably foreseeable future actions during the period of the proposed lease.
``(B) Interim leases entered into under this subsection shall be deemed not to prejudice the final property disposal decision, even if final property disposal may be delayed until completion of the interim lease term. An interim lease under this subsection shall not be entered into without prior consultation with the redevelopment authority concerned.
``(C) The provisions of subparagraphs (A) and (B) shall not apply to an interim lease under this subsection if authorized activities under the lease would--
``(i) significantly effect the quality of the human environment; or
``(ii) irreversibly alter the environment in a way that would preclude any reasonable disposal alternative of the property concerned.''.
SEC. 2830C. SENSE OF THE CONGRESS REGARDING FITZSIMONS ARMY
MEDICAL CENTER, COLORADO.
(a) Findings.--The Congress finds that--
(1) Fitzsimons Army Medical Center in Aurora, Colorado has been recommended for closure in 1995 under the Defense Base Closure and Realignment Act of 1990;
(2) The University of Colorado Health Sciences Center and the University of Colorado Hospital Authority are in urgent need of space to maintain their ability to deliver health care to meet the growing demand for their services;
(3) Reuse of the Fitzsimons facility at the earliest opportunity would provide significant benefit to the cities of Aurora and Denver; and
(4) Reuse of the Fitzsimons facility by the local community ensures that the property is fully utilized by providing a benefit to the community.
(b) Sense of Congress.--Therefore, it is the sense of Congress that upon acceptance of the Base Closure list:
(1) The Federal screening process for all military installations, including Fitzsimons Army Medical Center should be accomplished at the earliest opportunity;
(2) To the extent possible, the Secretary of the military departments should consider on an expedited basis transferring appropriate facilities to Local Redevelopment Authorities while still operational to ensure continuity of use to all parties concerned, in particular, the Secretary of the Army should consider an expedited transfer of Fitzsimons Army Medical Center because of significant preparations underway by the Local Redevelopment Authority;
(3) The Secretaries should not enter into leases with Local Redevelopment Authorities until the Secretary concerned has established that the lease falls within the categorical exclusions established by the Military Departments pursuant to the National Environmental Policy Act (42 U.S.C. 4321 et seq.);
(4) This section is in no way intended to circumvent the decisions of the 1995 BRAC or other applicable laws.
(c) Report.--180 days after the enactment of this Act the Secretary of the Army shall provide a report to the appropriate committees of the Congress on the Fitzsimons Army Medical Center that covers:
(1) The results of the Federal screening process for Fitzsimons and any actions that have been taken to expedite the review;
(2) Any impediments raised during the Federal screening process to the transfer or lease of Fitzsimons Army Medical Center;
(3) Any actions taken by the Secretary of the Army to lease the Fitzsimons Army Medical Center to the local redevelopment authority;
(4) The results of any environmental reviews under the National Environmental Policy Act in which such a lease would fall into the categorical exclusions established by the Secretary of the Army; and
(5) The results of the environmental baseline survey and a finding of suitability or nonsuitability.
Subtitle C--Land Conveyances
SEC. 2831. LAND ACQUISITION OR EXCHANGE, SHAW AIR FORCE BASE,
SOUTH CAROLINA.
(a) Land Acquisition.--The Secretary of the Air Force may, by means of an exchange of property, acceptance as a gift, or other means that does not require the use of appropriated funds, acquire all right, title, and interest in and to a parcel of real property (together with any improvements thereon) consisting of approximately 1,100 acres that is located adjacent to the eastern end of Shaw Air Force Base, South Carolina, and extends to Stamey Livestock Road in Sumter County, South Carolina.
(b) Acquisition Through Exchange of Lands.--For purposes of acquiring the real property described in subsection (a) by means of an exchange of lands, the Secretary may convey all right, title, and interest of the United States in and to a parcel of real property in the possession of the Air Force if--
(1) the Secretary determines that the land exchange is in the best interests of the Air Force; and
(2) the fair market value of the Air Force parcel to be conveyed does not exceed the fair market value of the parcel to be acquired.
(c) Reversion of Gift Conveyance.--If the Secretary acquires the real property described in subsection (a) by way of gift, the Secretary may accept in the deed of conveyance terms or conditions requiring that the land be reconveyed to the donor, or the donor's heirs, if Shaw Air Force Base ceases operations and is closed.
(d) Determinations of Fair Market Value.--The Secretary shall determine the fair market value of the parcels of real property to be acquired pursuant to subsection (a) or acquired and conveyed pursuant to subsection (b). Such determinations shall be final.
(e) Descriptions of Property.--The exact acreage and legal descriptions of the parcels of real property to be acquired pursuant to subsection (a) or acquired and conveyed pursuant to subsection (b) shall be determined by surveys that are satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the acquisition under subsection (a) or the acquisition and conveyance under subsection (b) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2832. AUTHORITY FOR PORT AUTHORITY OF STATE OF
MISSISSIPPI TO USE CERTAIN NAVY PROPERTY IN
GULFPORT, MISSISSIPPI.
(a) Joint Use Agreement Authorized.--The Secretary of the Navy may enter into an agreement with the Port Authority of the State of Mississippi (in this section referred to as the
``Port Authority''), under which the Port Authority may use up to 50 acres of real property and associated facilities located at the Naval Construction Battalion Center, Gulfport, Mississippi (in this section referred to as the ``Center'').
(b) Term of Agreement.--The agreement authorized under subsection (a) may be for an initial period of not more than 15 years. Under the agreement, the Secretary shall provide the Port Authority with an option to extend the agreement for 3 additional periods of 5 years each and for such additional periods as the Secretary and the Port Authority mutually agree.
(c) Restrictions on Use.--The agreement authorized under subsection (a) shall require the Port Authority--
(1) to suspend operations at the Center in the event that Navy contingency operations are conducted at the Center; and
(2) to use the property covered by the agreement in a manner consistent with the Navy operations at the Center.
(d) Consideration.--(1) As consideration for the use of the property covered by the agreement under subsection (a), the Port Authority shall pay to the Navy an amount equal to the fair market rental value of the property, as determined by the Secretary taking into consideration the nature and extent of the Port Authority's use of the property.
(2) The Secretary may include a provision in the agreement requiring the Port Authority--
(A) to pay the Navy an amount (as determined by the Secretary) to cover the costs of replacing at the Center any facilities vacated by the Navy on account of the agreement or to construct suitable replacement facilities for the Navy; and
(B) to pay the Navy an amount (as determined by the Secretary) for the costs of relocating Navy operations from the vacated facilities to the replacement facilities.
(e) Congressional Notification.--The Secretary may not enter into the agreement authorized by subsection (a) until the end of the 21-day period beginning on the date on which the Secretary submits to Congress a report containing an explanation of the terms of the proposed agreement and a description of the consideration that the Secretary expects to receive under the agreement.
(f) Use of Payment.--(1) The Secretary may use amounts received under subsection (d)(1) to pay for general supervision, administration, and overhead expenses and for improvement, maintenance, repair, construction, or restoration of facilities at the Center or of the roads and railways serving the Center.
(2) The Secretary may use amounts received under subsection
(d)(2) to pay for constructing new facilities, or making modifications to existing facilities, that are necessary to replace facilities vacated by the Navy on account of the agreement under subsection (a) and for relocating operations of the Navy from the vacated facilities to replacement facilities.
(g) Construction by Port Authority.--The Secretary may authorize the Port Authority to demolish existing facilities located on the property covered by the agreement under subsection (a) and, consistent with the restriction provided under subsection (c)(2), construct new facilities on the property for the joint use of the Port Authority and the Navy.
(h) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the agreement authorized under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2833. CONVEYANCE OF RESOURCE RECOVERY FACILITY, FORT
DIX, NEW JERSEY.
(a) Authority To Convey.--The Secretary of the Army may convey to Burlington County, New Jersey (in this section referred to as the ``County''), without consideration, all right, title, and interest of the United States in and to a parcel of real property at Fort Dix, New Jersey, consisting of approximately two acres and containing a resource recovery facility known as the Fort Dix resource recovery facility.
(b) Related Easements.--The Secretary may grant to the County any easement that is necessary for access to and operation of the resource recovery facility conveyed under subsection (a).
(c) Requirement Relating to Conveyance.--The Secretary may not carry out the conveyance of the resource recovery facility authorized in subsection (a) unless the County agrees to accept the facility in its existing condition at the time of conveyance.
(d) Conditions on Conveyance.--The conveyance of the resource recovery facility authorized by subsection (a) is subject to the following conditions:
(1) That the County provide refuse service and steam service to Fort Dix, New Jersey, at the rate mutually agreed upon by the Secretary and the County and approved by the appropriate Federal or State regulatory authority.
(2) That the County comply with all applicable environmental laws and regulations (including any permit or license requirements) relating to the resource recovery facility.
(3) That, consistent with its ownership of the resource recovery facility conveyed, the County assume full responsibility for operation, maintenance, and repair of the facility and for compliance of the facility with all applicable regulatory requirements.
(4) That the County not commence any expansion of the resource recovery facility without approval of such expansion by the Secretary.
(e) Description of the Property.--The exact legal description of the real property to be conveyed under subsection (a), including the resource recovery facility conveyed therewith, and any easements granted under subsection (b), shall be determined by a survey and by other means satisfactory to the Secretary. The cost of any survey or other services performed at the direction of the Secretary under the authority in the preceding sentence shall be borne by the County.
(f) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) and the grant of any easement under subsection (b) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2834. CONVEYANCE OF WATER AND WASTEWATER TREATMENT
PLANTS, FORT GORDON, GEORGIA.
(a) Authority To Convey.--The Secretary of the Army may convey to the City of Augusta, Georgia (in this section referred to as the ``City''), without consideration, all right, title, and interest of the United States in and to two parcels of real property located at Fort Gordon, Georgia, consisting of approximately seven acres each. The parcels are improved with a water filtration plant, a water distribution system with storage tanks, a sewage treatment plant, and a sewage collection system.
(b) Related Easements.--The Secretary may grant to the City any easement that is necessary for access to the real property conveyed under subsection (a) and operation of the conveyed facilities.
(c) Requirement Relating to Conveyance.--The Secretary may not carry out the conveyance of the water and wastewater treatment plants and water and wastewater distribution and collection systems authorized in subsection (a) unless the City agrees to accept the plants and systems in their existing condition at the time of conveyance.
(d) Conditions on Conveyance.--The conveyance authorized by subsection (a) is subject to the following conditions:
(1) That the City provide water and sewer service to Fort Gordon, Georgia, at a rate mutually agreed upon by the Secretary and the City and approved by the appropriate Federal or State regulatory authority.
(2) That the City comply with all applicable environmental laws and regulations (including any permit or license requirements) relating to the water and wastewater treatment plants and water and wastewater distribution and collection systems conveyed under that subsection.
(3) That, consistent with its ownership of the water and wastewater treatment plants and water and wastewater distribution and collection systems conveyed, the City assume full responsibility for operation, maintenance, and repair of the plants and water and systems conveyed under that subsection and for compliance of the plants and systems with all applicable regulatory requirements.
(4) That the City not commence any expansion of the water or wastewater treatment plant or water or wastewater distribution or collection system conveyed under that subsection without approval of such expansion by the Secretary.
(e) Description of Property.--The exact legal description of the real property to be conveyed under subsection (a), including the water and wastewater treatment plants and water and wastewater distribution and collection systems conveyed therewith, and of any easements granted under subsection (b), shall be determined by a survey and by other means satisfactory to the Secretary. The cost of any survey or other services performed at the direction of the Secretary under the authority in the preceding sentence shall be borne by the City.
(f) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) and the grant of any easement under subsection (b) as the Secretary considers appropriate to protect the interests of the United States.SEC. 2835. CONVEYANCE OF WATER TREATMENT PLANT, FORT PICKETT,
VIRGINIA.
(a) Authority To Convey.--(1) The Secretary of the Army may convey to the Town of Blackstone, Virginia (in this section referred to as the ``Town''), without consideration, all right, title, and interest of the United States in and to the property described in paragraph (2).
(2) The property referred to in paragraph (1) is the following property located at Fort Pickett, Virginia:
(A) A parcel of real property consisting of approximately 10 acres, including a reservoir and improvements thereon, the site of the Fort Pickett water treatment plant.
(B) Any equipment, fixtures, structures, or other improvements (including any water transmission lines, water distribution and service lines, fire hydrants, water pumping stations, and other improvements) not located on the parcel described in subparagraph (A) that are jointly identified by the Secretary and the Town as owned and utilized by the Federal Government in order to provide water to and distribute water at Fort Pickett.
(b) Related Easements.--The Secretary may grant to the Town the following easements relating to the conveyance of the property authorized by subsection (a):
(1) Such easements, if any, as the Secretary and the Town jointly determine are necessary in order to provide access to the water distribution system referred to in paragraph (2) of such subsection for maintenance, safety, and other purposes.
(2) Such easements, if any, as the Secretary and the Town jointly determine are necessary in order to provide access to the finished water lines from the system to the Town.
(3) Such rights of way appurtenant, if any, as the Secretary and the Town jointly determine are necessary in order to satisfy requirements imposed by any Federal, State, or municipal agency relating to the maintenance of a buffer zone around the water distribution system.
(c) Water Rights.--The Secretary shall grant to the Town as part of the conveyance under subsection (a) all right, title, and interest of the United States in and to any water of the Nottoway River, Virginia, that is connected with the reservoir referred to in paragraph (2)(A) of such subsection.
(d) Requirements Relating to Conveyance.--(1) The Secretary may not carry out the conveyance of the water distribution system authorized under subsection (a) unless the Town agrees to accept the system in its existing condition at the time of the conveyance.
(2) The Secretary shall complete any environmental removal or remediation required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) with respect to the system to be conveyed under this section before carrying out the conveyance.
(e) Conditions.--The conveyance authorized in subsection
(a) shall be subject to the following conditions:
(1) That the Town reserve for provision to Fort Pickett, and provide to Fort Pickett on demand, not less than 1,500,000 million gallons per day of treated water from the water distribution system.
(2) That the Town provide water to and distribute water at Fort Pickett at a rate that is no less favorable than the rate that the Town would charge a public or private entity similar to Fort Pickett for the provision and distribution of water.
(3) That the Town maintain and operate the water distribution system in compliance with all applicable Federal and State environmental laws and regulations (including any permit and license requirements).
(f) Description of Property.--The exact legal description of the property to be conveyed under subsection (a), of any easements granted under subsection (b), and of any water rights granted under subsection (c) shall be determined by a survey and other means satisfactory to the Secretary. The cost of any survey or other services performed at the direction of the Secretary under the authority in the preceding sentence shall be borne by the Town.
(g) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance authorized under subsection (a), the easements granted under subsection (b), and the water rights granted under subsection (c) that the Secretary considers appropriate to protect the interests of the United States.
SEC. 2836. CONVEYANCE OF ELECTRIC POWER DISTRIBUTION SYSTEM,
FORT IRWIN, CALIFORNIA.
(a) Authority To Convey.--(1) The Secretary of the Army may convey to the Southern California Edison Company, California
(in this section referred to as the ``Company''), without consideration, all right, title, and interest of the United States in and to the electric power distribution system described in subsection (b).
(2) The Secretary may not convey any real property under the authority in paragraph (1).
(b) Covered System.--The electric power distribution system referred to in subsection (a) is the electric power distribution system located at Fort Irwin, California, and includes the equipment, fixtures, structures, and other improvements (including approximately 115 miles of electrical distribution lines, poles, switches, reclosers, transformers, regulators, switchgears, and service lines) that the Federal Government utilizes to provide electric power at Fort Irwin.
(c) Related Easements.--The Secretary may grant to the Company any easement that is necessary for access to and operation of the electric power distribution system conveyed under subsection (a).
(d) Requirement Relating to Conveyance.--The Secretary may not carry out the conveyance of the electric power distribution system authorized in subsection (a) unless the Company agrees to accept that system in its existing condition at the time of the conveyance.
(e) Conditions on Conveyance.--The conveyance authorized by subsection (a) is subject to the following conditions:
(1) That the Company provide electric power to Fort Irwin, California, at a rate mutually agreed upon by the Secretary and the Company and approved by the appropriate Federal or State regulatory authority.
(2) That the Company comply with all applicable environmental laws and regulations (including any permit or license requirements) relating to the electric power distribution system.
(3) That, consistent with its ownership of the electric power distribution system conveyed, the Company assume full responsibility for operation, maintenance, and repair of the system and for compliance of the system with all applicable regulatory requirements.
(4) That the Company not commence any expansion of the electric power distribution system without approval of such expansion by the Secretary.
(f) Description of Property.--The exact legal description of the electric power distribution system to be conveyed pursuant to subsection (a), including any easement granted under subsection (b), shall be determined by a survey and by other means satisfactory to the Secretary. The cost of any survey or other services performed at the direction of the Secretary pursuant to the authority in the preceding sentence shall be borne by the Company.
(g) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) and the grant of any easement under subsection (b) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2837. LAND EXCHANGE, FORT LEWIS, WASHINGTON.
(a) In General.--(1) The Secretary of the Army may convey to the Weyerhaeuser Real Estate Company, Washington (in this section referred to as the ``Company''), all right, title, and interest of the United States in and to the parcels of real property described in paragraph (2).
(2) The authority in paragraph (1) applies to the following parcels of real property located on the Fort Lewis Military Reservation, Washington:
(A) An unimproved portion of Tract 1000 (formerly being in the DuPont-Steilacoom Road), consisting of approximately 1.23 acres.
(B) Tract 26E, consisting of approximately 0.03 acres.
(b) Consideration.--As consideration for the conveyance authorized by subsection (a), the Company shall--
(1) convey (or acquire and then convey) to the United States all right, title, and interest in and to a parcel of real property consisting of approximately 0.39 acres, together with improvements thereon, located within the boundaries of Fort Lewis Military Reservation;
(2) construct an access road from Pendleton Street to the DuPont Recreation Area and a walkway path through DuPont Recreation Area;
(3) construct as improvements to the recreation area a parking lot, storm drains, perimeter fencing, restroom facilities, and initial grading of the DuPont baseball fields; and
(4) provide such other consideration as may be necessary
(as determined by the Secretary) to ensure that the fair market value of the consideration provided by the Company under this subsection is not less than the fair market value of the parcels of real property conveyed under subsection
(a).
(c) Determinations of Fair Market Value.--The determinations of the Secretary regarding the fair market value of the real property to be conveyed pursuant to subsections (a) and (b), and of any other consideration provided by the Company under subsection (b), shall be final.
(d) Treatment of Other Interests in Parcels To Be Conveyed.--The Secretary may enter into an agreement with the appropriate officials of Pierce County, Washington, which provides for--
(1) Pierce County to release the existing reversionary interest of Pierce County in the parcels of real property to be conveyed by the United States under subsection (a); and
(2) the United States, in exchange for the release, to convey or grant to Pierce County an interest in the parcel of real property conveyed to the United States under subsection
(b)(1) that is similar in effect (as to that parcel) to the reversionary interest released by Pierce County under paragraph (1).
(e) Description of Property.--The exact acreages and legal descriptions of the parcels of real property to be conveyed under subsections (a) and (b) shall be determined by surveys satisfactory to the Secretary. The cost of such surveys shall be borne by the Company.
(f) Additional Terms and Conditions.--The Secretary may require any additional terms and conditions in connection with the conveyances under this section that the Secretary considers appropriate to protect the interest of the United States.
SEC. 2838. LAND CONVEYANCE, NAVAL SURFACE WARFARE CENTER,
MEMPHIS, TENNESSEE.
(a) Authority To Convey.--The Secretary of the Navy may convey to the Memphis and Shelby County Port Commission, Memphis, Tennessee (in this section referred to as the
``Port''), all right, title, and interest of the United States in and to a parcel of real property (including any improvements thereon) consisting of approximately 26 acres that is located at the Carderock Division, Naval Surface Warfare Center, Memphis Detachment, Presidents Island, Memphis, Tennessee.
(b) Consideration.--As consideration for the conveyance of real property under subsection (a), the Port shall--
(1) grant to the United States a restrictive easement in and to a parcel of real property consisting of approximately 100 acres that is adjacent to the Memphis Detachment, Presidents Island, Memphis, Tennessee; and
(2) if the fair market value of the easement granted under paragraph (1) exceeds the fair market value of the real property conveyed under subsection (a), provide the United States such additional consideration as the Secretary and the Port jointly determine appropriate so that the value of the consideration received by the United States under this subsection is equal to or greater than the fair market value of the real property conveyed under subsection (a).
(c) Condition of Conveyance.--The conveyance authorized by subsection (a) shall be carried out in accordance with the provisions of the Land Exchange Agreement between the United States of America and the Memphis and Shelby County Port Commission, Memphis, Tennessee.
(d) Determination of Fair Market Value.--The Secretary shall determine the fair market value of the real property to be conveyed under subsection (a) and of the easement to be granted under subsection (b)(1). Such determinations shall be final.
(e) Use of Proceeds.--The Secretary shall deposit any proceeds received under subsection (b)(2) as consideration for the conveyance of real property authorized under subsection (a) in the special account established pursuant to section 204(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(h)).
(f) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) and the easement to be granted under subsection (b)(1) shall be determined by surveys satisfactory to the Secretary. The cost of the surveys shall be borne by the Port.
(g) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance authorized by subsection (a) and the easement granted under subsection (b)(1) as the Secretary considers appropriate to protect the interests of the United States.
[[Page S 13459]]
SEC. 2839. LAND CONVEYANCE, RADAR BOMB SCORING SITE, FORSYTH,
MONTANA.
(a) Authority To Convey.--The Secretary of the Air Force may convey, without consideration, to the City of Forsyth, Montana (in this section referred to as the ``City''), all right, title, and interest of the United States in and to the parcel of property (including any improvements thereon) consisting of approximately 58 acres located in Forsyth, Montana, which has served as a support complex and recreational facilities for the Radar Bomb Scoring Site, Forsyth, Montana.
(b) Condition of Conveyance.--The conveyance under subsection (a) shall be subject to the condition that the City--
(1) utilize the property and recreational facilities conveyed under that subsection for housing and recreation purposes; or
(2) enter into an agreement with an appropriate public or private entity to lease such property and facilities to that entity for such purposes.
(c) Reversion.--If the Secretary determines at any time that the property conveyed under subsection (a) is not being utilized in accordance with paragraph (1) or paragraph (2) of subsection (b), all right, title, and interest in and to the conveyed property, including any improvements thereon, shall revert to the United States and the United States shall have the right of immediate entry onto the property.
(d) Description of Property.--The exact acreage and legal description of the property conveyed under this section shall be determined by a survey satisfactory to the Secretary. The cost of such survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary determines appropriate to protect the interests of the United States.
SEC. 2840. LAND CONVEYANCE, RADAR BOMB SCORING SITE, POWELL,
WYOMING.
(a) Authority To Convey.--The Secretary of the Air Force may convey, without consideration, to the Northwest College Board of Trustees (in this section referred to as the
``Board''), all right, title, and interest of the United States in and to a parcel of real property (including any improvements thereon) consisting of approximately 24 acres located in Powell, Wyoming, which has served as the location of a support complex, recreational facilities, and housing facilities for the Radar Bomb Scoring Site, Powell, Wyoming.
(b) Condition of Conveyance.--The conveyance authorized under subsection (a) shall be subject to the condition that the Board use the property conveyed under that subsection for housing and recreation purposes and for such other purposes as the Secretary and the Board jointly determine appropriate.
(c) Reversionary Interest.--During the 5-year period beginning on the date that the Secretary makes the conveyance authorized under subsection (a), if the Secretary determines that the conveyed property is not being used in accordance with subsection (b), all right, title, and interest in and to the conveyed property, including any improvements thereon, shall revert to the United States and the United States shall have the right of immediate entry onto the property.
(d) Description of Property.--The exact acreage and legal description of the property conveyed under this section shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Board.
(e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2841. REPORT ON DISPOSAL OF PROPERTY, FORT ORD MILITARY
COMPLEX, CALIFORNIA.
Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report describing the plans of the Secretary for the disposal of a parcel of real property consisting of approximately 477 acres at the former Fort Ord Military Complex, California, including the Black Horse Golf Course, the Bayonet Golf Course, and a portion of the Hayes Housing Facility.
SEC. 2842. LAND CONVEYANCE, NAVY PROPERTY, FORT SHERIDAN,
ILLINOIS.
(a) Authority To Convey.--Subject to subsections (b) and
(l), the Secretary of the Navy may convey to any transferee selected under subsection (i) all right, title, and interest of the United States in and to a parcel of real property
(including any improvements thereon) at Fort Sheridan, Illinois, consisting of approximately 182 acres and comprising the Navy housing areas at Fort Sheridan.
(b) Requirement for Federal Screening of Property.--The Secretary may not carry out the conveyance of property authorized by subsection (a) unless the Secretary determines that no department or agency of the Federal Government will accept the transfer of the property.
(c) Consideration.--(1) As consideration for the conveyance under subsection (a), the transferee selected under subsection (i) shall--
(A) convey to the United States a parcel of real property that meets the requirements of subsection (d);
(B) design for and construct on the property conveyed under subparagraph (A) such housing facilities (including support facilities and infrastructure) to replace the housing facilities conveyed pursuant to the authority in subsection
(a) as the Secretary considers appropriate;
(C) pay the cost of relocating Navy personnel residing in the housing facilities located on the real property conveyed pursuant to the authority in subsection (a) to the housing facilities constructed under subparagraph (B);
(D) provide for the education of dependents of such personnel under subsection (e); and
(E) carry out such activities for the maintenance and improvement of the facilities constructed under subparagraph
(B) as the Secretary and the transferee jointly determine appropriate.
(2) The Secretary shall ensure that the fair market value of the consideration provided by the transferee under paragraph (1) is not less than the fair market value of the property interest conveyed by the Secretary under subsection
(a).
(d) Requirements Relating to Property To Be Conveyed to United States.--The property interest conveyed to the United States under subsection (c)(1)(A) by the transferee selected under subsection (i) shall--
(1) be located not more than 25 miles from the Great Lakes Naval Training Center, Illinois;
(2) be located in a neighborhood or area having social and economic conditions similar to the social and economic conditions of the area in which Fort Sheridan is located; and
(3) be acceptable to the Secretary.
(e) Education of Dependents of Navy Personnel.--In providing for the education of dependents of Navy personnel under subsection (c)(1)(D), the transferee selected under subsection (i) shall ensure that such dependents may enroll at the schools of one or more school districts in the vicinity of the real property conveyed to the United States under subsection (c)(1)(A) which schools and districts--
(1) meet such standards for schools and schools districts as the Secretary shall establish; and
(2) will continue to meet such standards after the enrollment of such dependents regardless of the receipt by such school districts of Federal impact aid.
(f) Interim Relocation of Navy Personnel.--Pending completion of the construction of all the housing facilities proposed to be constructed under subsection (c)(1)(B) by the transferee selected under subsection (i), the Secretary may relocate Navy personnel residing in housing facilities located on the property to be conveyed pursuant to the authority in subsection (a) to the housing facilities that have been constructed by the transferee under such subsection
(c)(1)(B).
(g) Applicability of Certain Agreements.--The property conveyed by the Secretary pursuant to the authority in subsection (a) shall be subject to the Memorandum of Understanding concerning the Transfer of Certain Properties at Fort Sheridan, Illinois, dated August 8, 1991, between the Department of the Army and the Department of the Navy.
(h) Determination of Fair Market Value.--The Secretary shall determine the fair market value of the real property interest to be conveyed under subsection (a) and of the consideration to be provided under subsection (c)(1). Such determination shall be final.
(i) Selection of Transferee.--(1) The Secretary shall use competitive procedures for the selection of a transferee under subsection (a).
(2) In evaluating the offers of prospective transferees, the Secretary shall--
(A) consider the technical sufficiency of the offers and the adequacy of the offers in meeting the requirements for consideration set forth in subsection (c)(1); and
(B) consult with the communities and jurisdictions in the vicinity of Fort Sheridan (including the City of Lake Forest, the City of Highwood, and the City of Highland Park and the County of Lake) in order to determine the most appropriate use of the property to be conveyed.
(j) Descriptions of Property.--The exact acreage and legal descriptions of the real property to be conveyed by the Secretary under subsection (a) and the real property to be conveyed under subsection (c)(1)(A) shall be determined by surveys satisfactory to the Secretary. The cost of such surveys shall be borne by the transferee selected under subsection (i).
(k) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2843. LAND CONVEYANCE, ARMY RESERVE PROPERTY, FORT
SHERIDAN, ILLINOIS.
(a) Authority To Convey.--Subject to subsection (b), the Secretary of the Army may convey to any transferee selected under subsection (g) all right, title, and interest of the United States in and to a parcel of real property (including improvements thereon) at Fort Sheridan, Illinois, consisting of approximately 114 acres and comprising an Army Reserve area.
(b) Requirement for Federal Screening of Property.--The Secretary may not carry out the conveyance of property authorized by subsection (a) unless the Secretary determines that no department or agency of the Federal Government will accept the transfer of the property.
(c) Consideration.--(1) As consideration for the conveyance under subsection (a), the transferee selected under subsection (g) shall--
(A) convey to the United States a parcel of real property that meets the requirements of subsection (d);
(B) design for and construct on the property conveyed under subparagraph (A) such facilities (including support facilities and infrastructure) to replace the facilities conveyed pursuant to the authority in subsection (a) as the Secretary considers appropriate; and
(C) pay the cost of relocating Army personnel in the facilities located on the real property conveyed pursuant to the authority in subsection (a) to the facilities constructed under subparagraph (B).
(2) The Secretary shall ensure that the fair market value of the consideration provided by the transferee under paragraph (1) is not less than the fair market value of the real property conveyed by the Secretary under subsection (a).
(d) Requirements Relating to Property To Be Conveyed to United States.--The real property conveyed to the United States under subsection (c)(1)(A) by the transferee selected under subsection (g) shall--
(1) be located not more than 25 miles from Fort Sheridan;
(2) be located in a neighborhood or area having social and economic conditions similar to the social and economic conditions of the area in which Fort Sheridan is located; and
(3) be acceptable to the Secretary.
(e) Interim Relocation of Army Personnel.--Pending completion of the construction of all the facilities proposed to be constructed under subsection (c)(1)(B) by the transferee selected under subsection (g), the Secretary may relocate Army personnel in the facilities located on the property to be conveyed pursuant to the authority in subsection (a) to the facilities that have been constructed by the transferee under such subsection (c)(1)(B).
(f) Determination of Fair Market Value.--The Secretary shall determine the fair market value of the real property to be conveyed under subsection (a) and of the consideration to be provided under subsection (c)(1). Such determination shall be final.
(g) Selection of Transferee.--(1) The Secretary shall use competitive procedures for the selection of a transferee under subsection (a).
(2) In evaluating the offers of prospective transferees, the Secretary shall--
(A) consider the technical sufficiency of the offers and the adequacy of the offers in meeting the requirements for consideration set forth in subsection (c)(1); and
(B) consult with the communities and jurisdictions in the vicinity of Fort Sheridan (including the City of Lake Forest, the City of Highwood, and the City of Highland Park and the County of Lake) in order to determine the most appropriate use of the property to be conveyed.
(h) Descriptions of Property.--The exact acreage and legal descriptions of the real property to be conveyed by the Secretary under subsection (a) and the real property to be conveyed under subsection (c)(1)(A) shall be determined by surveys satisfactory to the Secretary. The cost of such surveys shall be borne by the transferee selected under subsection (g).
(i) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2844. LAND CONVEYANCE, NAVAL COMMUNICATIONS STATION,
STOCKTON, CALIFORNIA.
(a) Authority to Convey.--The Secretrary of the Navy may, upon the concurrence of the Administrator of General Services and the Secretary of Housing and Urban Development, convey to the Port of Stockton (in this section referred to as the
``Port''), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 1,450 acres at the Naval Communication Station, Stockton, California.
(b) Interim Lease.--Until such time as the real property described in subsection (a) is conveyed by deed, the Secretary may lease the property, along with improvements thereon, to the Port under terms and conditions satisfactory to the Secretary.
(c) Consideration.--The conveyance may be as a public benefit conveyance for port development as defined in section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484), as amended, provided the Port satisfies the criteria in section 203 and such regulations as the Administrator of General Services may prescribe to implement that section. Should the Port fail to qualify for a public benefit conveyance and still desire to acquire the property, then the Port shall, as consideration for the conveyance, pay to the United States an amount equal to the fair market value of the property to be conveyed, as determined by the Secretary.
(d) Federal Lease of Conveyed Property.--Notwithstanding any other provision of law, as a condition for transfer of this property under subparagraph (a), the Secretary may require that the Port agree to lease all or a part of the property currently under Federal use at the time of conveyance to the United States for use by the Department of Defense or any other Federal agency under the same terms and conditions now presently in force. Such terms and conditions will continue to include payment (to the Port) for maintenance of facilities leased to the Federal Government. Such maintenance of the Federal premises shall be to the reasonable satisfaction of the United States, or as required by all applicable Federal, State and local laws and ordinances.
(e) Description of Property.--The exact acreage and legal description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary. The cost of such survey shall be borne by Port
(f) Additional Terms.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) or the lease under subsection
(b) as the Secretary considers appropriate to protect the interests of the United States.
(g) Environmental Quality of Property.--Any contract for sale, deed, or other transfer of real property under this section shall be carried out in compliance with section 120(h) of the CERCLA (42 U.S.C. 9620(h)) and other environmental laws.
SEC. 2845. LAND CONVEYANCE, WILLIAM LANGER JEWEL BEARING
PLANT, ROLLA, NORTH DAKOTA.
(a) Authority to Convey.--The Administrator of General Services may convey, without consideration, to the Job Development Authority of the City of Rolla, North Dakota (in this section referred to as the ``Authority''), all right, title, and interest of the United States in and to a parcel of real property, with improvements thereon and all associated personal property, consisting of approximately 9.77 acres and comprising the William Langer Jewel Bearing Plant in Rolla, North Dakota.
(b) Condition of Conveyance.--The conveyance authorized under subsection (a) shall be subject to the condition that the Authority--
(1) use the real and personal property and improvements conveyed under that subsection for economic development relating to the jewel bearing plant;
(2) enter into an agreement with an appropriate public or private entity or person to lease such property and improvements to that entity or person for such economic development; or
(3) enter into an agreement with an appropriate public or private entity or person to sell such property and improvements to that entity or person for such economic development.
(c) Preference for Domestic Disposal of Jewel Bearings.--
(1) In offering to enter into agreements pursuant to any provision of law for the disposal of jewel bearings from the National Defense Stockpile, the President shall give a right of first refusal on all such offers to the Authority or to the appropriate public or private entity or person with which the Authority enters into an agreement under subsection (b).
(2) For the purposes of this section, 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. 98(c)).
(d) Availability of Funds for Maintenance and Conveyance of Plant.--Notwithstanding any other provision of law, funds available in fiscal year 1995 for the maintenance of the William Langer Jewel Bearing Plant in Public Law 103-335 shall be available for the maintenance of that plant in fiscal year 1996, pending conveyance, and for the conveyance of that plant under this section.
(e) Description of Property.--The exact acreage and legal description of the property conveyed under this section shall be determined by a survey satisfactory to the Administrator. The cost of such survey shall be borne by the Administrator.
(f) Additional Terms and Conditions.--The Administrator may require such additional terms and conditions in connection with the conveyance under this section as the Administrator determines appropriate to protect the interests of the United States.
SEC. 2846. LAND EXCHANGE, UNITED STATES ARMY RESERVE CENTER,
GAINESVILLE, GEORGIA.
(a) In General.--The Secretary of the Army may convey to the City of Gainesville, Georgia (in this section referred to as the ``City''), all right, title, and interest of the United States in and to a parcel of real property (together with any improvements thereon) consisting of approximately 4.2 acres located on Shallowford Road, in the City of Gainesville, Georgia.
(b) Consideration.--As consideration for the conveyance authorized by subsection (a), the city shall--
(1) convey to the United States all right, title, and interest in and to a parcel of real property consisting of approximately 8 acres of land, acceptable to the Secretary, in the Atlas Industrial Park, Gainesville, Georgia;
(2) design and construct on such real property suitable replacement facilities in accordance with the requirements of the Secretary, for the training activities of the United States Army Reserve;
(3) fund and perform any environmental and cultural resource studies, analysis, documentation that may be required in connection with the land exchange and construction considered by this section;
(4) reimburse the Secretary for the costs of relocating the United States Army Reserve units from the real property to be conveyed under subsection (a) to the replacement facilities to be constructed by the City under subsection (b)(2). The Secretary shall deposit such funds in the same account used to pay for the relocation;
(5) pay to the United States an amount as may be necessary to ensure that the fair market value of the consideration provided by the City under this subsection is not less than fair market value of the parcel of real property conveyed under subsection (a); and
(6) assume all environmental liability under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9620(h)) for the real property to be conveyed under subsection (b)(1).
(c) Determination of Fair Market Value.--The determination of the Secretary regarding the fair market value of the real property to be conveyed pursuant to subsection (a), and of any other consideration provided by the City under subsection
(b), shall be final.
(d) Description of Property.--The exact acreage and legal description of the parcels of real property to be conveyed under subsections (a) and (b) shall be determined by surveys satisfactory to the Secretary. The cost of such surveys shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require any additional terms and conditions in connection with the conveyances under this section that the Secretary considers appropriate to protect the interest of the United States.
Subtitle D--Transfer of Jurisdiction and Establishment of Midewin
National Tallgrass Prairie
SEC. 2851. SHORT TITLE.
This subtitle may be cited as the ``Illinois Land Conservation Act of 1995''.
SEC. 2852. DEFINITIONS.
As used in this subtitle:
(1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency.
(2) The term ``agricultural purposes'' means, with respect to land, the use of land for row crops, pasture, hay, or grazing.
(3) The term ``Arsenal'' means the Joliet Army Ammunition Plant located in the State of Illinois.
(4) The term ``Arsenal Land Use Concept'' refers to the proposals that were developed and unanimously approved on April 8, 1994, by the Joliet Arsenal Citizen Planning Commission.
(5) The term ``CERCLA'' means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(6) The term ``Defense Environmental Restoration Program'' means the Defense Environmental Restoration Program established under section 2701 of title 10, United States Code.
(7) The term ``environmental law'' means all applicable Federal, State, and local laws, regulations, and requirements related to the protection of human health, natural and cultural resources, or the environment, including--
(A) CERCLA;
(B) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(C) the Federal Water Pollution Control Act (commonly known as the ``Clean Water Act''; 33 U.S.C. 1251 et seq.);
(D) the Clean Air Act (42 U.S.C. 7401 et seq.);
(E) the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.);
(F) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and
(G) title XIV of the Public Health Service Act (commonly known as the ``Safe Drinking Water Act'') (42 U.S.C. 300f et seq.).
(8) The term ``hazardous substance'' has the meaning given the term in section 101(14) of CERCLA (42 U.S.C. 9601(14)).
(9) The term ``MNP'' means the Midewin National Tallgrass Prairie established under section 2853 and managed as part of the National Forest System.
(10) The term ``national cemetery'' means a cemetery that is part of the National Cemetery System under chapter 24 of title 38, United States Code.
(11) The term ``person'' has the meaning given the term in section 101(21) of CERCLA (42 U.S.C. 9601(21)).
(12) The term ``pollutant or contaminant'' has the meaning given the term in section 101(33) of CERCLA (42 U.S.C. 9601(33)).
(13) The term ``release'' has the meaning given the term in section 101(22) of CERCLA (42 U.S.C. 9601(22)).
(14) The term ``response'' has the meaning given the term in section 101(25) of CERCLA (42 U.S.C. 9601(25)).
(15) The term ``Secretary'' means the Secretary of Agriculture.
SEC. 2853. ESTABLISHMENT OF MIDEWIN NATIONAL TALLGRASS
PRAIRIE.
(a) Establishment.--On the date of the initial transfer of jurisdiction of portions of the Arsenal to the Secretary under section 2854(a)(1), the Secretary shall establish the MNP described in subsection (b).
(b) Description.--The MNP shall consist of all portions of the Arsenal transferred to the Secretary under this subtitle.
(c) Administration.--The Secretary shall manage the MNP as a part of the National Forest System in accordance with this subtitle and the laws, rules, and regulations pertaining to the National Forests, except that the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1000 et seq.) shall not apply to the MNP.
(d) Land Acquisition Funds.--Notwithstanding section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), money appropriated from the land and water conservation fund established under section 2 of that Act (16 U.S.C. 460l-5) may be used for acquisition of lands and interests in land for inclusion in the MNP.
(e) Land and Resource Management Plan.--The Secretary shall develop a land and resource management plan for the MNP, after consulting with the Illinois Department of Conservation and local governments adjacent to the MNP and providing an opportunity for public comment.
(f) Pre-Plan Management.--In order to expedite the administration and public use of the MNP, the Secretary may, prior to the development of a land and resource management plan for the MNP under subsection (e), manage the MNP for the purposes described in subsection (g).
(g) Purposes of MNP.--In establishing the MNP, the Secretary shall--
(1) conserve and enhance populations and habitats of fish, wildlife, and plants, including populations of grassland birds, raptors, passerines, and marsh and water birds;
(2) restore and enhance, where practicable, habitats for species listed as threatened or endangered, or proposed to be listed, under section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533);
(3) provide fish- and wildlife-oriented public uses at levels compatible with the conservation, enhancement, and restoration of native wildlife and plants and the habitats of native wildlife and plants;
(4) provide opportunities for scientific research;
(5) provide opportunities for environmental and land use education;
(6) manage the land and water resources of the MNP in a manner that will conserve and enhance the natural diversity of native fish, wildlife, and plants;
(7) conserve and enhance the quality of aquatic habitat; and
(8) provide for public recreation insofar as the recreation is compatible with paragraphs (1) through (7).
(h) Prohibition Against the Construction of New Through Roads.--(1) Subject to paragraph (2), no new construction of a highway, public road, or part of the interstate system, whether Federal, State, or local, shall be permitted through or across any portion of the MNP.
(2) This subsection does not preclude--
(A) construction and maintenance of roads for use within the MNP;
(B) the granting of authorizations for utility rights-of-way under applicable Federal, State, or local law;
(C) necessary access by the Secretary of the Army for purposes of restoration and cleanup as provided in this subtitle;
(D) such other access as is necessary.
(i) Agricultural Leases and Special Use Authorizations.--
(1) If, at the time of transfer of jurisdiction under section 2854(a), there exists a lease issued by the Secretary of the Army, Secretary of Defense, or an employee of the Secretary of the Army or the Secretary of Defense, for agricultural purposes on the land transferred, the Secretary, on the transfer of jurisdiction, shall issue a special use authorization. Subject to paragraph (3), the terms of the special use authorization shall be identical in substance to the lease, including terms prescribing the expiration date and any payments owed to the United States. On issuance of the special use authorization, the lease shall become void.
(2) The Secretary may issue a special use authorization to a person for use of the MNP for agricultural purposes. The special use authorization shall require payment of a rental fee, in advance, that is based on the fair market value of the use allowed. Fair market value shall be determined by appraisal or a competitive bidding process. Subject to paragraph (3), the special use authorization shall include such terms and conditions as the Secretary considers appropriate.
(3) No special use authorization shall be issued under this subsection that has a term extending beyond the date that is 20 years after the date of enactment of this Act, unless the special use authorization is issued primarily for purposes related to--
(A) erosion control;
(B) provision for food and habitat for fish and wildlife; or
(C) resource management activities consistent with the purposes of the MNP.
(j) Treatment of Rental Fees.--Funds received under a special use authorization issued under subsection (i) shall be subject to distribution to the State of Illinois and affected counties in accordance with the Act of May 23, 1908
(35 Stat. 260, chapter 192; 16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (36 Stat. 963, chapter 186; 16 U.S.C. 500). All funds not distributed under such Acts shall be credited to an MNP Rental Fee Account, to be maintained by the Secretary of the Treasury. Amounts in the Account shall remain available until expended, without fiscal year limitation. The Secretary may use funds in the Account to carry out prairie-improvement work. Any funds in the account that the Secretary determines to be in excess of the cost of doing prairie-improvement work shall be transferred, on the determination, to miscellaneous receipts, Forest Service Fund, as a National Forest receipt for the fiscal year in which the transfer is made.
(k) User Fees.--The Secretary may charge reasonable fees for the admission, occupancy, and use of the MNP and may prescribe a fee schedule providing for a reduction or a waiver of fees for a person engaged in an activity authorized by the Secretary, including volunteer services, research, or education. The Secretary shall permit admission, occupancy, and use of the MNP at no charge for a person possessing a valid Golden Eagle Passport or Golden Age Passport.
(l) Salvage of Improvements.--The Secretary may sell for salvage value any facility or improvement that is transferred to the Secretary under this subtitle.
(m) Treatment of User Fees and Salvage Receipts.--Funds collected under subsections (k) and (l) shall be credited to a Midewin National Tallgrass Prairie Restoration Fund, to be maintained by the Secretary of the Treasury. Amounts in the Fund shall remain available, subject to appropriation, without fiscal year limitation. The Secretary may use amounts in the Fund for restoration and administration of the MNP, including construction of a visitor and education center, restoration of ecosystems, construction of recreational facilities (such as trails), construction of administrative offices, and operation and maintenance of the MNP.
(n) Cooperation With States, Local Governments, and Other Entities.--In the management of the MNP, the Secretary shall, to the extent practicable, cooperate with affected appropriate Federal, State, and local governmental agencies, private organizations, and corporations. The cooperation may include entering a cooperative agreement or exercising authority under the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) or the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et seq.). The purpose of the cooperation may include public education, land and resource protection, or cooperative management among government, corporate, and private landowners in a manner that is consistent with this subtitle.
SEC. 2854. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND
JURISDICTION OVER ARSENAL.
(a) Phased Transfer of Jurisdiction.--(1) Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army may transfer to the Secretary of Agriculture those portions of the Arsenal property identified for transfer to the Secretary of Agriculture under subsection
(c), and may transfer to the Secretary of Veterans Affairs those portions identified for transfer to the Secretary of Veterans Affairs under section 2855(a). In the case of the Arsenal property to be transferred to the Secretary of Agriculture, the Secretary of the Army shall transfer to the Secretary of Agriculture only those portions for which the Secretary of the Army and the Administrator concur in finding that no further action is required under any environmental law and that have been eliminated from the areas to be further studied pursuant to the Defense Environmental Restoration Program for the Arsenal. Not later than 120 days after the date of the enactment of this Act, the Secretary of the Army and the Administrator shall provide to the Secretary--
(A) all documentation that exists on the date the documentation is provided that supports the finding; and
(B) all information that exists on the date the information is provided that relates to the environmental conditions of the portions of the Arsenal to be transferred to the Secretary under this paragraph.
(2)(A) The Secretary of the Army may transfer to the Secretary of Agriculture any portion of the property generally identified in subsection (c) and not transferred pursuant to paragraph (1) when the Secretary of the Army and the Administrator concur in finding that no further action is required at that portion of property under any environmental law and that the portion has been eliminated from the areas to be further studied pursuant to the Defense Environmental Restoration Program for the Arsenal.
(B) Not later than 60 days before a transfer under this paragraph, the Secretary of the Army and the Administrator shall provide to the Secretary--
(i) all documentation that exists on the date the documentation is provided that supports the finding; and
(ii) all information that exists on the date the information is provided that relates to the environmental conditions of the portions of the Arsenal to be transferred to the Secretary under this paragraph.
(C) Transfer of jurisdiction under this paragraph may be accomplished on a parcel-by-parcel basis.
(b) Transfer Without Reimbursement.--The Secretary of the Army may transfer the area constituting the MNP to the Secretary without reimbursement.
(c) Identification of Portions for Transfer for MNP.--The lands to be transferred to the Secretary under subsection (a) shall be identified in an agreement between the Secretary of the Army and the Secretary. All the real property and improvements comprising the Arsenal, except for lands and facilities described in subsection (g) or designated for transfer or disposal to parties other than the Secretary under section 2855, shall be transferred to the Secretary.
(d) Security Measures.--The Secretary, the Secretary of the Army, and the Secretary of Veterans Affairs, shall each provide and maintain physical and other security measures on such portion of the Arsenal as is under the administrative jurisdiction of the respective Secretary. The security measures (which may include fences and natural barriers) shall include measures to prevent members of the public from gaining unauthorized access to such portions of the Arsenal as are under the administrative jurisdiction of each respective Secretary and that may endanger health or safety.
(e) Cooperative Agreements.--The Secretary, the Secretary of the Army, and the Administrator individually and collectively may enter into a cooperative agreement or a memoranda of understanding among each other, with another affected Federal agency, State or local government, private organization, or corporation to carry out the purposes described in section 2853(g).
(f) Interim Activities of the Secretary.--Prior to transfer and subject to such reasonable terms and conditions as the Secretary of the Army may prescribe, the Secretary may enter on the Arsenal property for purposes related to planning, resource inventory, fish and wildlife habitat manipulation
(which may include prescribed burning), and other such activities consistent with the purposes for which the MNP is established.
(g) Property Used for Environmental Cleanup.--(1) The Secretary of the Army shall retain jurisdiction, authority, and control over real property at the Arsenal that is used for--
(A) water treatment;
(B) the treatment, storage, or disposal of a hazardous substance, pollutant or contaminant, hazardous material, or petroleum product or a derivative of the product;
(C) purposes related to a response at the Arsenal; and
(D) actions required at the Arsenal under an environmental law to remediate contamination or conditions of noncompliance with an environmental law.
(2) In the case of a conflict between management of the property by the Secretary and a response or other action required under an environmental law, or necessary to remediate a petroleum product or a derivative of the product, the response or other action shall take priority.
(3)(A) All costs of necessary surveys for the transfer of jurisdiction of a property to a Federal agency under this subtitle shall be borne by the agency to which the property is transferred.
(B) The Secretary of the Army shall bear the costs of any surveys necessary for the transfer of land to a non-Federal agency under section 2855.
SEC. 2855. DISPOSAL FOR INDUSTRIAL PARKS, A COUNTY LANDFILL,
AND A NATIONAL VETERANS CEMETERY AND TO THE
ADMINISTRATOR OF GENERAL SERVICES.
(a) National Veterans Cemetery.--The Secretary of the Army may convey to the Department of Veterans Affairs, without compensation, an area of real property to be used for a national cemetery, as authorized under section 2337 of the Military Construction Authorization Act, 1988 and 1989
(division B of Public Law 100-180; 101 Stat. 1225), consisting of approximately 910 acres, the approximate legal description of which includes part of sections 30 and 31 Jackson Township, T. 34 N. R. 10 E., and including part of sections 25 and 36 Channahon Township, T. 34 N. R. 9 E., Will County, Illinois, as depicted on the Arsenal Land Use Concept.
(b) County of Will Landfill.--(1) Subject to paragraphs (2) through (6), the Secretary of the Army may convey an area of real property to Will County, Illinois, without compensation, to be used for a landfill by the County, consisting of approximately 425 acres of the Arsenal, the approximate legal description of which includes part of sections 8 and 17, Florence Township, T. 33 N. R. 10 E., Will County, Illinois, as depicted in the Arsenal Land Use Concept.
(2) Additional acreage shall be added to the landfill described in paragraph (1) as is necessary to reasonably accommodate needs for the disposal of refuse and other materials from the restoration and cleanup of the Arsenal property.
(3) Use of the landfill described in paragraph (1) or additional acreage under paragraph (2) by any agency of the Federal Government shall be at no cost to the Federal Government.
(4) The Secretary of the Army may require such additional terms and conditions in connection with a conveyance under this subsection as the Secretary of the Army considers appropriate to protect the interests of the United States.
(5) Any conveyance of real property under this subsection shall contain a reversionary interest that provides that the property shall revert to the Secretary of Agriculture for inclusion in the MNP if the property is not operated as a landfill.
(6) Liability for environmental conditions at or related to the landfill described in paragraph (1) resulting from activities occurring at the landfill after the date of enactment of this Act and before a revision under paragraph
(5) shall be borne by Will County.
(c) Village of Elwood Industrial Park.--The Secretary of the Army may convey an area of real property to the Village of Elwood, Illinois, to be used for an industrial park, consisting of approximately 1,900 acres of the Arsenal, the approximate legal description of which includes part of section 30, Jackson Township, T. 34 N. R. 10 E., and sections or part of sections 24, 25, 26, 35, and 36 Channahon Township, T. 34 N. R. 9 E., Will County, Illinois, as depicted on the Arsenal Land Use Concept. The conveyance shall be at fair market value, as determined in accordance with Federal appraisal standards and procedures. Any funds received by the Village of Elwood from the sale or other transfer of the property, or portions of the property, less any costs expended for improvements on the property, shall be remitted to the Secretary of the Army.
(d) City of Wilmington Industrial Park.--The Secretary of the Army may convey an area of real property to the City of Wilmington, Illinois, to be used for an industrial park, consisting of approximately 1,100 acres of the Arsenal, the approximate legal description of which includes part of sections 16, 17, and 18 Florence Township, T. 33 N. R. 10 E., Will County, Illinois, as depicted on the Arsenal Land Use Concept. The conveyance shall be at fair market value, as determined in accordance with Federal appraisal standards and procedures. Any funds received by the City of Wilmington from the sale or other transfer of the property, or portions of the property, less any costs expended for improvements on the property, shall be remitted to the Secretary of the Army.
(e) Optional Additional Areas.--(1) Not later than 180 days after the construction and installation of any remedial design approved by the Administrator and required for any lands described in paragraph (2), the Administrator shall provide to the Secretary all information existing on the date the information is provided regarding the implementation of the remedy, including information regarding the effectiveness of the remedy. Not later than 180 days after the Administrator provides the information to the Secretary, the Secretary of the Army shall offer the Secretary the option of accepting a conveyance of the areas described in paragraph
(2), without reimbursement, to be added to the MNP subject to the terms and conditions, including the limitations on liability, contained in this subtitle. If the Secretary declines the offer, the property may be disposed of as the Secretary of the Army would ordinarily dispose of the property under applicable provisions of law. The conveyance of property under this paragraph may be accomplished on a parcel-by-parcel basis.
(2)(A) The areas on the Arsenal Land Use Concept that may be conveyed under paragraph (1) are--
(i) manufacturing area, study area 1, southern ash pile;
(ii) study area 2, explosive burning ground;
(iii) study area 3, flashing-grounds;
(iv) study area 4, lead azide area;
(v) study area 10, toluene tank farms;
(vi) study area 11, landfill;
(vii) study area 12, sellite manufacturing area;
(viii) study area 14, former pond area;
(ix) study area 15, sewage treatment plant;
(x) study area L1, load assemble packing area, group 61;
(xi) study area L2, explosive burning ground;
(xii) study area L3, demolition area;
(xiii) study area L4, landfill area;
(xiv) study area L5, salvage yard;
(xv) study area L7, group 1;
(xvi) study area L8, group 2;
(xvii) study area L9, group 3;
(xviii) study area L10, group 3A;
(xix) study area L12, Doyle Lake;
(xx) study area L14, group 4;
(xxi) study area L15, group 5;
(xxii) study area L18, group 8;
(xxiii) study area L19, group 9;
(xxiv) study area L20, group 20;
(xxv) study area L22, group 25;
(xxvi) study area L23, group 27;
(xxvii) study area L25, group 62;
(xxviii) study area L31, extraction pits;
(xxix) study area L33, PVC area;
(xxx) study area L34, former burning area; and
(xxxi) study area L35, fill area.
(B) The areas referred to in subparagraph (A) shall include all associated inventoried buildings and structures as identified in the Joliet Army Ammunition Plant Plantwide Building and Structures Report and the contaminate study sites for both the manufacturing and load assembly and packing sides of the Joliet Arsenal as shown in the Dames and Moore Final Report, Phase 2 Remedial Investigation Manufacturing (MFG) Area Joliet Army Ammunition Plant Joliet, Illinois (May 30, 1993. Contract No. DAAA15-90-D-0015 task order No. 6 prepared for: United States Army Environmental Center).
(C) Notwithstanding subparagraphs (A) and (B), the landfill and national cemetery described in paragraphs (3) and (4) shall not be subject to paragraph (1).
SEC. 2856. CONTINUATION OF RESPONSIBILITY AND LIABILITY OF
THE SECRETARY OF THE ARMY FOR ENVIRONMENTAL
CLEANUP.
(a) Responsibility.--The Secretary of the Army shall retain the responsibility to complete any remedial, response, or other restoration actions required under any environmental law in order to carry out a transfer of property under section 2854 before carrying out the transfer of the property under that section.
(b) Liability for Arsenal.--(1) The Secretary of the Army shall retain any obligation or other liability at the Arsenal that the Secretary had under CERCLA and other environmental laws. Following transfer of a portion of the Arsenal under this subtitle, the Secretary of the Army shall be accorded any easement or access to the property that may be reasonably required to carry out the obligation or satisfy the liability.
(2) The Secretary of Agriculture shall not be responsible for the cost of any remedial, response, or other restoration action required under any environmental law for a matter that is related directly or indirectly to an activity of the Secretary of the Army, or a party acting under the authority of the Secretary of the Army, in connection with the Defense Environmental Restoration Program, at or related to the Arsenal, including--
(A) the costs or performance of responses required under CERCLA;
(B) the costs, penalties, or fines related to noncompliance with an environmental law at or related to the Arsenal or related to the presence, release, or threat of release of a, hazardous substance, pollutant or contaminant, hazardous waste, or hazardous material of any kind at or related to the Arsenal, including contamination resulting from migration of a hazardous substance, pollutant or contaminant, a hazardous material, or a petroleum product or a derivative of the product disposed during an activity of the Secretary of the Army; and
(C) the costs of an action necessary to remedy noncompliance or another problem specified in subparagraph
(B).
(c) Payment of Response Costs.--A Federal agency that had or has operations at the Arsenal resulting in the release or threatened release of a hazardous substance or pollutant or contaminant shall pay the cost of a related response and shall pay the costs of a related action to remediate petroleum products or the derivatives of the products, including motor oil and aviation fuel.
(d) Consultation.--The Secretary shall consult with the Secretary of the Army with respect to the management by the Secretary of real property included in the MNP subject to a response or other action at the Arsenal being carried out by or under the authority of the Secretary of the Army under any environmental law. The Secretary shall consult with the Secretary of the Army prior to undertaking an activity on the MNP that may disturb the property to ensure that the activity shall not exacerbate contamination problems or interfere with performance by the Secretary of the Army of a response at the property.
SEC. 2857. DEGREE OF ENVIRONMENTAL CLEANUP.
(a) In General.--Nothing in this subtitle shall restrict or lessen the degree of cleanup at the Arsenal required to be carried out under any environmental law.
(b) Response.--The establishment of the MNP shall not restrict or lessen in any way a response or degree of cleanup required under CERCLA or other environmental law, or a response required under any environmental law to remediate petroleum products or the derivatives of the products, including motor oil and aviation fuel, required to be carried out by the Secretary of the Army at the Arsenal or surrounding areas.
(c) Environmental Quality of Property.--Any contract for sale, deed, or other transfer of real property under section 2855 shall be carried out in compliance with section 120(h) of the CERCLA (42 U.S.C. 9620(h)) and other environmental laws.
Subtitle E--Other Matters
SEC. 2861. DEPARTMENT OF DEFENSE LABORATORY REVITALIZATION
DEMONSTRATION PROGRAM.
(a) Program Required.--The Secretary of Defense shall carry out a program for the revitalization of Department of Defense laboratories to be known as the ``Department of Defense Laboratory Revitalization Demonstration Program''. Under the program the Secretary may carry out minor military construction projects in accordance with subsection (b) and other applicable law to improve Department of Defense laboratories covered by the program.
(b) Increased Maximum Amounts Applicable to Minor Construction Projects.--For purpose of any military construction project carried out under the program--
(1) the amount provided in the second sentence of subsection (a)(1) of section 2805 of title 10, United States Code (as amended by section 2801 of this Act), shall be deemed to be $3,000,000;
(2) the amount provided in subsection (b)(1) of such section shall be deemed to be $1,500,000; and
(3) the amount provided in subsection (c)(1)(B) of such section, as so amended, shall be deemed to be $1,000,000.
(c) Program Requirements.--(1) Not later than 30 days before commencing the program, the Secretary shall--
(A) designate the Department of Defense laboratories at which construction may be carried out under the program; and
(B) establish procedures for the review and approval of requests from such laboratories to carry out such construction.
(2) The laboratories designated under paragraph (1)(A) may not include Department of Defense laboratories that are contractor owned.
(3) The Secretary shall notify Congress of the laboratories designated under paragraph (1)(A).
(d) Report.--Not later than September 30, 1998, the Secretary shall submit to Congress a report on the program. The report shall include the Secretary's conclusions and recommendations regarding the desirability of extending the authority set forth in subsection (b) to cover all Department of Defense laboratories.
(e) Exclusivity of Program.--Nothing in this section may be construed to limit any other authority provided by law for any military construction project at a Department of Defense laboratory covered by the program.
(f) Definitions.--In this section:
(1) The term ``laboratory'' includes--
(A) a research, engineering, and development center;
(B) a test and evaluation activity owned, funded, and operated by the Federal Government through the Department of Defense; and
(C) a supporting facility of a laboratory.
(2) The term ``supporting facility'', with respect to a laboratory, means any building or structure that is used in support of research, development, test, and evaluation at the laboratory.
(g) Expiration of Authority.--The Secretary may not commence a construction project under the program after September 30, 1999.
SEC. 2862. PROHIBITION ON JOINT CIVIL AVIATION USE OF MIRAMAR
NAVAL AIR STATION, CALIFORNIA.
The Secretary of the Navy may not enter into any agreement that provides for or permits civil aircraft to use regularly Miramar Naval Air Station, California.
SEC. 2863. REPORT ON AGREEMENT RELATING TO CONVEYANCE OF
LAND, FORT BELVOIR, VIRGINIA.
Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army 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 status of negotiations for the agreement required under subsection (b) of section 2821 of the Military Construction Authorization Act for Fiscal Years 1990 and 1991
(division B of Public Law 101-189; 103 Stat. 1658) in connection with the land conveyance authorized under subsection (a) of that section. The report shall assess the likelihood that the negotiations will lead to an agreement and describe the alternative uses, if any, for the land referred to in such subsection (a) that have been identified by the Secretary.
SEC. 2864. RESIDUAL VALUE REPORT.
(a) The Secretary of Defense, in coordination with the Director of the Office of Management and Budget (OMB), shall submit to the congressional defense committees status reports on the results of residual value negotiations between the United States and Germany, within 30 days of the receipt of such reports to the OMB.
(b) The reports shall include the following information:
(1) The estimated residual value of United States capital value and improvements to facilities in Germany that the United States has turned over to Germany.
(2) The actual value obtained by the United States for each facility or installation turned over to the Government of Germany.
(3) The reason(s) for any difference between the estimated and actual value obtained.
SEC. 2865. RENOVATION OF THE PENTAGON RESERVATION.
The Secretary of Defense shall take such action as is necessary to reduce the total cost of the renovation of the Pentagon Reservation to not more than $1,118,000,000.
____________________
Alerts Sign-up