[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2209 Placed on Calendar Senate (PCS)]
Calendar No. 479
103d CONGRESS
2d Session
S. 2209
To authorize appropriations for fiscal year 1995 for military
construction, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20 (legislative day, June 7), 1994
Mr. Nunn, from the Committee on Armed Services, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 1995 for military
construction, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Construction Authorization
Act for Fiscal Year 1995''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Relocation of Army family housing units from Fort Hunter
Liggett, California, to Fort Stewart,
Georgia.
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. Authority to carry out construction project, Naval Supply
Center, Pensacola, Florida.
Sec. 2206. Relocation of Pascagoula Coast Guard Station, Mississippi.
Sec. 2207. Authority to carry out construction design for Mayport Naval
Station, Florida.
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. Authorization of military construction projects at Tyndall
Air Force Base, Florida, for which funds
have been appropriated.
Sec. 2306. Revision of authorized family housing project, Tyndall Air
Force Base, Florida.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Termination of authority to carry out fiscal year 1993
project.
Sec. 2407. Community impact assistance with regard to Naval Weapons
Station, Charleston, South Carolina.
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. Authorization of certain National Guard and Reserve projects
for which funds have been appropriated.
TITLE XXVII--EXPIRATION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorization of certain fiscal year 1992
projects.
Sec. 2703. Clarification of extension of authorizations of certain
fiscal year 1991 projects.
Sec. 2704. Extension of certain fiscal year 1991 projects.
Sec. 2705. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Clarification of requirement for notification of Congress of
improvements in family housing units.
Sec. 2802. Authority to pay closing costs under Homeowners Assistance
Program.
Subtitle B--Base Closure Matters
Sec. 2811. Prohibition against consideration in base closure process of
advance conversion planning undertaken by
potential affected communities.
Sec. 2812. Clarifying and technical amendments to base closure laws.
Subtitle C--Land Transactions Generally
Sec. 2821. Land transfer, Holloman Air Force Base, New Mexico.
Sec. 2822. Joint use of property, Port Hueneme, California.
Sec. 2823. Lease of property, Naval Radio Receiving Facility, Imperial
Beach, Coronado, California.
Sec. 2824. Release of reversionary interest on certain property in York
County and James City County, Virginia, and
Newport News, Virginia.
Sec. 2825. Land transfer, Fort Devens, Massachusetts.
Sec. 2826. Land conveyance, Cornhusker Army Ammunition Plant, Hall
County, Nebraska.
Sec. 2827. Transfer or conveyance of certain parcels of property
through General Services Administration.
Subtitle D--Changes to Existing Land Transaction Authority
Sec. 2831. Modifications of land conveyance, Fort A.P. Hill Military
Reservation, Virginia.
Sec. 2832. Modification of conveyance of electricity distribution
system, Fort Dix, New Jersey.
Sec. 2833. Modification of land conveyance, Fort Knox, Kentucky.
Sec. 2834. Preservation of Calverton Pine Barrens, Naval Weapons
Industrial Reserve Plant, New York, as
nature preserve.
Subtitle E--Other Matters
Sec. 2841. Joint construction contracting for commissaries and
nonappropriated fund instrumentality
facilities.
Sec. 2842. National Guard facility contracts subject to performance
supervision by the Army or the Navy.
Sec. 2843. Waiver of reporting requirements for certain real property
transactions in the event of war or
national emergency.
Sec. 2844. Report on use of funds for environmental restoration at
Cornhusker Army Ammunition Plant, Hall
County, Nebraska.
Sec. 2845. Department of Defense laboratory revitalization
demonstration program.
Sec. 2846. Agreements of settlement for release of improvements at
overseas military installations.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means the Committees on Armed Services and the Committees
on Appropriations of the Senate and House of Representatives.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects in the total amount of $393,550,000 for the
installations and locations inside the United States, and in the
amounts for such installations and locations, set forth in the
following table:
Army: Inside the United States
State Installation or location Amount
Alabama.................... Redstone Arsenal................. $2,600,000 ...........................
Georgia.................... Fort Benning..................... $6,550,000 ...........................
Fort Gordon...................... $44,750,000 ...........................
Hawaii..................... Schofield Barracks............... $25,000,000 ...........................
Kentucky................... Fort Campbell.................... $67,400,000 ...........................
Fort Knox........................ $5,300,000 ...........................
Maryland................... Adelphi Laboratory Center........ $6,600,000 ...........................
Fort Ritchie..................... $3,600,000 ...........................
New Jersey................. Bayonne Military Ocean Terminal.. $4,050,000 ...........................
New York................... United States Military Academy, ...........................
West Point....................... $28,000,000
North Carolina............. Fort Bragg....................... $29,000,000 ...........................
Sunny Point Military Ocean ...........................
Terminal......................... $22,200,000
Oklahoma................... Fort Sill........................ $18,000,000 ...........................
South Carolina............. Charleston Naval Weapons Station. $24,000,000 ...........................
Texas...................... Fort Hood........................ $29,000,000 ...........................
Fort Sam Houston................. $4,300,000 ...........................
Virginia................... Fort Myer........................ $7,300,000 ...........................
Washington................. Fort Lewis....................... $64,000,000 ...........................
CONUS Classified........... Classified Location.............. $1,900,000 ...........................
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(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects in the total amount of $31,400,000 for the
installation and location outside the United States, and in the amount,
set forth in the following table:
Army: Outside the United States
Country or other Installation or location
Kwajalein Atoll........................... Kwajalein.....................................
Worldwide................................. Host Nation Support...........................
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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) in the total amount
of $117,750,000 at the installations, for the purposes, and in the
amounts for such installations set forth in the following table:
Army: Family Housing
State Installation Purpose Amount
Alaska................ Fort Richardson....... 72 units.............. $5,000,000 .....................
Colorado.............. Fort Carson........... 145 units............. $16,500,000 .....................
Georgia............... Fort Stewart.......... 128 units............. $10,600,000 .....................
Hawaii................ Helemano Military $3,500,000 .....................
Reservation.......... Roadway improvements
for family housing.
Schofield Barracks.... 190 units............. $26,000,000 .....................
Kansas................ Fort Riley............ 126 units............. $12,600,000 .....................
Massachusetts......... Natick Research Center 35 units.............. $4,150,000 .....................
New York.............. United States Military 56 units.............. $8,000,000 .....................
Academy, West Point.
Texas................. Fort Bliss............ 215 units............. $21,400,000 .....................
Fort Sam Houston...... 100 units............. $10,000,000 .....................
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(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 $5,992,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing in an amount not to exceed $49,760,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1994, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $1,668,086,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $393,550,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $31,400,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $63,926,000.
(5) For military family housing functions:
(A) For construction and acquisition of military
family housing and facilities, $173,502,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,007,708,000, of which
not more than $243,442,000 may be obligated or expended
for the leasing of military family housing worldwide.
(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. RELOCATION OF ARMY FAMILY HOUSING UNITS FROM FORT HUNTER
LIGGETT, CALIFORNIA, TO FORT STEWART, GEORGIA.
Section 2102(a) of the Military Construction Authorization Act for
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1511) is
amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following new paragraph (1):
``(1) Fort Hunter Liggett, California, one hundred fifty-
four units, $12,300,000.''; and
(2) by striking out paragraph (5) and inserting in lieu
thereof the following new paragraph (5):
``(5) Fort Stewart, Georgia, one hundred twenty-one units,
$9,890,000.''.
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 in the total amount of $224,180,000 for the
installations and locations inside the United States, and in the
amounts for such installations and locations, set forth in the
following table:
Navy: Inside the United States
State Installation or location
California................................ Camp Pendleton Amphibious Task Force...............
Camp Pendleton Marine Corp Base....................
China Lake Naval Air Warfare Center................
El Centro Naval Air Facility.......................
Lemoore Naval Air Station..........................
North Island Naval Air Station.....................
Port Hueneme Naval Construction Battalion Center...
San Diego Marine Corps Recruit Depot...............
San Diego Naval Station............................
Twentynine Palms Marine Corps Air-Ground Combat
Center............................................
Florida................................... Jacksonville Fleet and Industrial Supply Center....
Pensacola Naval Air Station........................
Hawaii.................................... Kaneohe Bay........................................
Illinois.................................. Great Lakes Navy Public Works Center...............
New Jersey................................ Lakehurst Naval Air Warfare Center.................
New Mexico................................ White Sands Naval Ordnance Missile Test Station....
North Carolina............................ Cherry Point Marine Corps Air Station..............
Camp Lejeune Marine Corp Base......................
Rhode Island.............................. Newport Naval Education and Training Center........
South Carolina............................ Parris Island Marine Corps Recruit Depot...........
Texas..................................... Ingleside Naval Station............................
Virginia.................................. Chesapeake Naval Security Group Activity...........
Dam Neck Fleet Combat Training Center..............
Norfolk Marine Corps Security Force Battalion
Atlantic..........................................
Norfolk Naval Station..............................
Quantico Marine Corps Combat Development Command...
Washington................................ Bremerton Puget Sound Naval Shipyard...............
Everett Naval Station..............................
Whidbey Island Naval Air Station...................
Various Locations......................... Aircraft Fire Rescue and Vehicle Maintenance
Facilities........................................
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(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 in the total amount of $50,810,000 for the
installations and locations outside the United States, and in the
amounts for such installations and locations, set forth in the
following table:
Navy: Outside the United States
Country Installation or location Amount
Greece.............................. Souda Bay, Crete Naval Support Activity.. $3,050,000
Italy............................... Naples Naval Support Activity............ $28,460,000
Sigonella Naval Air Station.............. $13,750,000
Puerto Rico......................... Sabana Seca Naval Security Group Activity $1,650,000
United Kingdom...................... Saint Mawgan Joint Maritime
Communications Center.................... $3,900,000
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SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) in the total amount
of $49,012,000 at the installations, for the purposes, and in the
amounts for such installations and purposes set forth in the following
table:
Navy: Family Housing
State Installation Purpose Amount
California............ Camp Pendleton Marine $28,552,000
San Diego Naval Public $18,262,000
Works Center......... 136 units.............
Maryland.............. Patuxent River Naval $863,000
Air Station.......... Housing Office........
Virginia.............. Norfolk Naval Public
Works Center......... Warehouse/Self Help $555,000
Center.
Washington............ Everett Naval Station. Housing Office........ $780,000
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(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $24,681,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in the amount of $155,602,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1994, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $1,492,264,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $224,180,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $50,810,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $43,380,000.
(5) For military family housing functions:
(A) For construction and acquisition of military
family housing and facilities, $229,295,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $937,599,000, of which not
more than $114,336,000 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 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. AUTHORITY TO CARRY OUT CONSTRUCTION PROJECT, NAVAL SUPPLY
CENTER, PENSACOLA, FLORIDA.
Funds appropriated by the Military Construction Appropriations Act,
1994 (Public Law 103-110; 107 Stat. 1037) that are available for
construction of a cold storage facility at Naval Supply Center,
Pensacola, Florida, in accordance with authorizations provided in
section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1514), as
enacted, may be expended for the portion of the construction of such
facility that is associated with Department of the Navy contract
N62467-86-C-0421.
SEC. 2206. RELOCATION OF PASCAGOULA COAST GUARD STATION, MISSISSIPPI.
(a) Agreement on Relocation.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Navy and the
Secretary of Transportation shall enter into an agreement that provides
for the relocation of the activities and functions of Pascagoula Coast
Guard Station to Pascagoula Naval Station, Pascagoula, Mississippi.
(b) Conditions.--The agreement under subsection (a) shall include
the following provisions:
(1) That the Navy not incur any construction costs relating
to the relocation.
(2) That the design, construction, and location of Coast
Guard facilities, and the conduct of activities by the Coast
Guard, at Pascagoula Naval Station not interfere with the
performance of the mission of the Navy.
SEC. 2207. AUTHORITY TO CARRY OUT CONSTRUCTION DESIGN FOR MAYPORT NAVAL
STATION, FLORIDA.
(a) Authority To Carry Out Construction Design.--Subject to
subsection (b), the Secretary of the Navy may carry out construction
design activities in connection with the military construction projects
that the Secretary identifies as necessary for the improvement of the
facilities located at Mayport Naval Station, Florida, so that such
facilities may be used as the homeport of a nuclear powered aircraft
carrier.
(b) Requirement Relating to Commencement of Design.--The Secretary
may not carry out the construction design activities authorized under
subsection (a) until the Secretary--
(1) completes a study that identifies the improvements to
the facilities referred to in that subsection that are
necessary so that such facilities may be used as the homeport
of a nuclear powered aircraft carrier; and
(2) completes a programmatic environmental impact study on
the effect of such improvements on the environment.
(c) Construction of Authority.--This section may not be construed
or interpreted as an authorization for the Secretary to commence or
proceed with any military construction project relating to the
improvement of the facilities of Mayport Naval Station, Florida, for
the purpose referred to in subsection (a).
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 in the total amount of $398,904,000 for
the installations and locations inside the United States, and in the
amounts for such installations and locations, set forth in the
following table:
Air Force: Inside the United States
State Installation or location Amount
Alabama................................. Maxwell Air Force Base....................... $9,600,000
Alaska.................................. Cape Lisburne Long Range Radar Site.......... $2,800,000
Eielson Air Force Base....................... $3,300,000
Arizona................................. Luke Air Force Base.......................... $4,900,000
Arkansas................................ Little Rock Air Force Base................... $4,800,000
California.............................. Beale Air Force Base......................... $1,450,000
Edwards Air Force Base....................... $7,050,000
Travis Air Force Base........................ $3,600,000
Vandenberg Air Force Base.................... $6,550,000
Colorado................................ Peterson Air Force Base...................... $1,750,000
Delaware................................ Dover Air Force Base......................... $10,500,000
Florida................................. Cape Canaveral Air Force Station............. $10,450,000
Georgia................................. Moody Air Force Base......................... $14,300,000
Robins Air Force Base........................ $21,200,000
Idaho................................... Mountain Home Air Force Base................. $15,950,000
Illinois................................ Scott Air Force Base......................... $2,700,000
Kansas.................................. McConnell Air Force Base..................... $500,000
Louisiana............................... Barksdale Air Force Base..................... $27,100,000
Maryland................................ Andrews Air Force Base....................... $10,800,000
Mississippi............................. Columbus Air Force Base...................... $3,400,000
Keesler Air Force Base....................... $11,240,000
Missouri................................ Whiteman Air Force Base...................... $24,290,000
Montana................................. Malmstrom Air Force Base..................... $7,200,000
Nebraska................................ Offutt Air Force Base........................ $2,260,000
Nevada.................................. Nellis Air Force Base........................ $10,500,000
New Jersey.............................. McGuire Air Force Base....................... $17,000,000
New Mexico.............................. Holloman Air Force Base...................... $10,950,000
Kirtland Air Force Base...................... $31,000,000
North Carolina.......................... Pope Air Force Base.......................... $2,600,000
North Dakota............................ Grand Forks Air Force Base................... $5,200,000
Minot Air Force Base......................... $10,350,000
Ohio.................................... Wright-Patterson Air Force Base.............. $32,700,000
Oklahoma................................ Altus Air Force Base......................... $3,750,000
Tinker Air Force Base........................ $9,643,000
Vance Air Force Base......................... $11,680,000
South Carolina.......................... Charleston Air Force Base.................... $11,400,000
South Dakota............................ Ellsworth Air Force Base..................... $1,450,000
Tennessee............................... Arnold Air Force Base........................ $1,900,000
Texas................................... Kelly Air Force Base......................... $8,950,000
Lackland Air Force Base...................... $5,200,000
Sheppard Air Force Base...................... $3,300,000
Washington.............................. Fairchild Air Force Base..................... $8,850,000
Wyoming................................. F.E. Warren Air Force Base................... $2,650,000
CONUS Classified........................ Classified Location.......................... $2,141,000
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(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 may carry out
military construction projects in the total amount of $38,273,000 for
the installations and locations outside the United States, and in the
amounts for such installations and locations, set forth in the
following table:
Air Force: Outside the United States
Country Installation or location Amount
Germany................................. Ramstein Air Base............................ $12,350,000
Spangdahlem Air Base......................... $9,473,000
Greenland............................... Thule Air Base............................... $2,450,000
Portugal................................ Lajes Field.................................. $2,850,000
United Kingdom.......................... RAF Lakenheath............................... $7,100,000
Overseas Classified..................... Classified Location.......................... $4,050,000
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SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) in the total amount
of $163,348,000 at the installations, for the purposes, and in the
amounts for such installations and purposes set forth in the following
table:
Air Force: Family Housing
State or Country Installation
Alabama............................. Maxwell Air Force Base..............
Arizona............................. Davis-Monthan Air Force Base........
California.......................... Beale Air Force Base................
Edwards Air Force Base..............
Vandenberg Air Force Base...........
District of Columbia................ Bolling Air Force Base..............
Florida............................. Patrick Air Force Base..............
Idaho............................... Mountain Home Air Force Base........
Mountain Home Air Force Base........
Kansas.............................. McConnell Air Force Base............
Louisiana........................... Barksdale Air Force Base............
Missouri............................ Whiteman Air Force Base............
New Mexico.......................... Cannon Air Force Base..............
Holloman Air Force Base.............
Kirtland Air Force Base.............
North Carolina...................... Pope Air Force Base................
Seymour Johnson Air Force Base......
North Dakota........................ Grand Forks Air Force Base.........
South Carolina...................... Shaw Air Force Base................
Texas............................... Dyess Air Force Base................
Utah................................ Hill Air Force Base.................
Virginia............................ Langley Air Force Base..............
Washington.......................... Fairchild Air Force Base............
Wyoming............................. F.E. Warren Air Force Base..........
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(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(6)(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 $9,275,000.
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)(6)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$61,770,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1994, for military
construction, land acquisition, and military family housing functions
of the Department of the Air Force in the total amount of
$1,572,801,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $398,904,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $38,273,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $49,386,000.
(5) For the balance of the amount authorized under section
2301(a) of the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat.
2593) for the construction of the climatic test chamber at
Eglin Air Force Base, Florida, $20,000,000.
(6) For military family housing functions:
(A) For construction and acquisition of military
family housing and facilities, $234,393,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $824,845,000 of which not more
than $112,757,000 may be obligated or expended for
leasing of military family housing units worldwide.
(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. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECTS AT TYNDALL
AIR FORCE BASE, FLORIDA, FOR WHICH FUNDS HAVE BEEN
APPROPRIATED.
The table in section 2301 of the Military Construction
Authorization Act for Fiscal Year 1994 (division B of Public Law 103-
160; 107 Stat. 1866) is amended in the item relating to Tyndall Air
Force Base, Florida, by striking out ``$2,600,000'' in the column under
the heading ``Amount'' and inserting in lieu thereof ``$8,200,000''.
SEC. 2306. REVISION OF AUTHORIZED FAMILY HOUSING PROJECT, TYNDALL AIR
FORCE BASE, FLORIDA.
The table in section 2302(a) of the Military Construction
Authorization Act for Fiscal Year 1994 (division B of Public Law 103-
160; 107 Stat. 1869) is amended in the item relating to Tyndall Air
Force Base, Florida, by striking out ``Infrastructure'' in the third
column and inserting in lieu thereof ``45 units''.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(1), the Secretary of Defense may
acquire real property and carry out military construction projects in
the total amount of $397,700,000 for the installations and locations
inside the United States, and in the amounts for such installations and
locations, set forth in the following table:
Defense Agencies: Inside the United States
Agency Installation or location Amount
Chemical Agents and $5,000,000 ...........................
Pine Bluff Arsenal, Arkansas...... $102,000,000 ...........................
Umatilla Army Depot, Oregon....... $183,000,000 ...........................
Tooele Army Depot, Utah........... $4,000,000 ...........................
Defense Intelligence Agency. Bolling Air Force Base, $600,000 ...........................
Washington, District of Columbia.
Defense Logistics Agency.... Defense Contract Management $5,100,000 ...........................
Office, El Segundo, California.
Defense Construction Supply ...........................
Center, Columbus, Ohio........... $2,200,000
Defense Fuel Support Point, Craney ...........................
Island, Virginia................. $3,652,000
Headquarters, Defense Logistics ...........................
Agency, Fort Belvoir, Virginia... $4,600,000
Defense Medical Facilities $10,280,000 ...........................
Office..................... McClellan Air Force Base,
California.
Fort McPherson, Georgia........... $13,400,000 ...........................
Fort Dix, New Jersey.............. $2,000,000 ...........................
National Security Agency.... Fort Meade, Maryland.............. $20,258,000 ...........................
Office of Secretary of $5,300,000 ...........................
Defense.................... Various Locations, Special
Activities, Air Force.
Section 6 Schools........... Naval Surface Warfare Center, $1,560,000 ...........................
Virginia.
Special Operations Force.... Eglin Auxiliary Field No. 9, $21,750,000 ...........................
Florida.
Kirtland Air Force Base, New ...........................
Mexico........................... $9,600,000
Naval Amphibious Base, Coronado, ...........................
San Diego, California............ $3,400,000
----------------------------------------------------------------------------------
SEC. 2402. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(11)(A), the Secretary of Defense may construct or acquire
family housing units (including land acquisition) at the installation,
for the purpose, and in the amount set forth in the following table:
Defense Agencies: Family Housing
Location Installation Purpose Amount
Belgium............... National Security $300,000
----------------------------------------------------------------------------------------
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 appropriations in
section 2405(a)(11)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $50,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(8), 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, 1994, 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 $3,230,058,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $136,700,000.
(2) 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),
$120,000,000.
(3) 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), $66,000,000.
(4) For military construction projects at Fort Bragg, North
Carolina, 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),
$75,000,000.
(5) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $22,348,000.
(6) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$8,511,000.
(7) For architectural and engineering services and for
construction design under section 2807 of title 10, United
States Code, $45,960,000.
(8) For energy conservation projects authorized by section
2404, $50,000,000.
(9) For base closure and realignment activities as
authorized by the Defense Authorization Amendments and Base
Closure and Realignment Act (title II of Public Law 100-526; 10
U.S.C. 2687 note), $87,600,000.
(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):
(A) For military installations approved for closure
or realignment in 1991, $398,700,000.
(B) For military installations approved for closure
or realignment in 1993, $2,189,858,000.
(11) For military family housing functions:
(A) For construction and acquisition of military
family housing and facilities, $350,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $29,031,000, of which not more than
$24,051,000 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 variations 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 subsection (b);
(2) $94,000,000 (the balance of the amount authorized for
construction of a chemical munitions demilitarization facility
at Pine Bluff Arsenal, Arkansas); and
(3) $167,000,000 (the balance of the amount authorized for
construction of a chemical munitions demilitarization facility
at Umatilla Army Depot, Oregon).
SEC. 2406. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1993
PROJECT.
(a) Termination of Authority.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1993 (division
B of Public Law 102-484; 106 Stat. 2599) is amended by striking out the
item relating to Fitzsimons Army Medical Center, Colorado.
(b) Conforming Amendments.--(1) Subsection (a) of section 2403 of
such Act (106 Stat. 2600) is amended--
(A) in the matter above paragraph (1), by striking out
``$2,567,146,000'' and inserting in lieu thereof
``$2,565,146,000''; and
(B) in paragraph (1), by striking out ``$87,950,000'' and
inserting in lieu thereof ``$85,950,000''.
(2) Subsection (c) of such section is amended--
(A) by inserting ``and'' at the end of paragraph (4);
(B) by striking out ``; and'' at the end of paragraph (5)
and inserting lieu thereof a period; and
(C) by striking out paragraph (6).
SEC. 2407. COMMUNITY IMPACT ASSISTANCE WITH REGARD TO NAVAL WEAPONS
STATION, CHARLESTON, SOUTH CAROLINA.
Of the amount appropriated pursuant to the authorization of
appropriations in section 2405(a)(10)(B), the Secretary of the Navy
shall transfer $3,000,000 to the South Carolina Department of Highways
and Public Transportation. Funds transferred pursuant to this section
shall be used for making improvements to North Rhett Avenue,
Charleston, South Carolina.
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, 1994, 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 $219,000,000.
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, 1994, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 133
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $146,447,000; and
(B) for the Army Reserve, $16,470,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $6,955,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $224,053,000; and
(B) for the Air Force Reserve, $28,190,000.
SEC. 2602. AUTHORIZATION OF CERTAIN NATIONAL GUARD AND RESERVE PROJECTS
FOR WHICH FUNDS HAVE BEEN APPROPRIATED.
(a) Fiscal Year 1994 Guard and Reserve Projects.--Section 2601 of
the Military Construction Authorization Act for Fiscal Year 1994
(division B of Public Law 103-160; 107 Stat. 1878) is amended--
(1) in paragraph (1)(A), by striking out ``$283,483,000''
and inserting in lieu thereof ``$286,693,000''; and
(2) in paragraph (2), by striking out ``$25,013,000'' and
inserting in lieu thereof ``$33,713,000''.
(b) Fiscal Year 1993 Air National Guard Project.--Section
2601(3)(A) of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484; 106 Stat. 2602) is amended
by striking out ``$305,759,000'' and inserting in lieu thereof
``$306,959,000''.
TITLE XXVII--EXPIRATION 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 therefor) shall expire on the later of--
(1) October 1, 1997; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 1998.
(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, 1997; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 1998 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 AUTHORIZATION OF CERTAIN FISCAL YEAR 1992
PROJECTS.
(a) Extensions.--Notwithstanding section 2701(b) 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,
2301, or 2601 of that Act, shall remain in effect until October 1,
1995, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 1996, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 1992 Project Authorizations
State Installation or location
Colorado............................ Fort Carson.........................
Georgia............................. Fort Benning........................
Camp Merrill........................
Fort Stewart........................
Oregon.............................. Umatilla Depot Activity.............
Umatilla Depot Activity.............
-----------------------------------------------------------------------
Air Force: Extension of 1992 Project Authorization
State Installation or location
Alaska.............................. Eareckson Air Force Station
-----------------------------------------------------------------------
Army National Guard: Extension of 1992 Project Authorizations
State Installation or location
California.......................... Stockton............................
District of Columbia................ Fort Belvoir........................
Maryland............................ Towson..............................
Cheltenham..........................
Mississippi......................... West Point..........................
Tupelo..............................
Senatobia...........................
Nevada.............................. Washoe County.......................
North Carolina...................... Camp Butler.........................
Rhode Island........................ Camp Varnum.........................
Camp Fogarty........................
West Virginia....................... Huntington..........................
-----------------------------------------------------------------------
Army Reserve: Extension of 1992 Project Authorizations
State Installation or location
Massachusetts....................... Taunton.............................
Ohio................................ Perrysburg..........................
Pennsylvania........................ Johnstown...........................
Tennessee........................... Jackson.............................
West Virginia....................... Huntington..........................
-----------------------------------------------------------------------
SEC. 2703. CLARIFICATION OF EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1991 PROJECTS.
(a) Clarification.--The table relating to the extension of
authorization of certain fiscal year 1991 projects of the Defense
Agencies in section 2702(b) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat.
1882) is amended by inserting before the item relating to the Defense
Logistics Agency, Defense Reutilization and Marketing Office, Fort
Meade, Maryland, the following:
California........... Defense Language $2,322,000 .....................
Defense Language $1,860,000 .....................
Institute, Monterey.. Print Plant..........
----------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the provisions of the Military
Construction Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1822) to which such amendment relates.
SEC. 2704. EXTENSION OF CERTAIN FISCAL YEAR 1991 PROJECTS.
(a) Extensions.--Notwithstanding section 2701(b) of the Military
Construction Authorization Act for Fiscal Year 1991 (division B of
Public Law 101-510; 104 Stat. 1782), authorizations for the projects
set forth in the table in subsection (b) as provided in section 2401(a)
of that Act and extended by section 2702(a) of the Military
Construction Authorization Act for Fiscal Year 1992 (division B of
Public Law 102-190; 105 Stat. 1535) and section 2702 of the Military
Construction Authorization Act for Fiscal Year 1994 (division B of
Public Law 103-160; 107 Stat. 1880), as amended by section 2703 of this
Act, shall remain in effect until October 1, 1995, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 1995, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 1991 Project Authorizations
Installation or
State location Project Amount
California........... Defense Language Audio Visual .....................
Defense Language Print Plant.......... $1,860,000 .....................
Institute, Monterey.
Maryland............. Defense Logistics $9,500,000 .....................
Agency, Defense
Reutilization and
Marketing Office,
Fort Meade........... Covered Storage......
----------------------------------------------------------------------------------------
SEC. 2705. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 1994; 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. CLARIFICATION OF REQUIREMENT FOR NOTIFICATION OF CONGRESS OF
IMPROVEMENTS IN FAMILY HOUSING UNITS.
Section 2825(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) The limitation contained in the first sentence of paragraph
(1) does not apply to a project for the improvement of a family housing
unit or units referred to in that sentence if the project (including
the amount requested for the project) is identified in the budget
materials submitted to Congress by the Secretary of Defense in
connection with the submission to Congress of the budget for a fiscal
year pursuant to section 1105 of title 31.''.
SEC. 2802. AUTHORITY TO PAY CLOSING COSTS UNDER HOMEOWNERS ASSISTANCE
PROGRAM.
Section 1013(c) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374(c)) is amended by inserting
after the first sentence the following: ``The Secretary may also pay a
person who elects to receive a cash payment under clause (1) of the
preceding sentence an amount that the Secretary determines appropriate
to reimburse the person for the costs incurred by the person in the
sale of the property if the Secretary determines that such payment will
benefit the person and is in the best interest of the Federal
Government.''.
Subtitle B--Base Closure Matters
SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN BASE CLOSURE PROCESS OF
ADVANCE CONVERSION PLANNING UNDERTAKEN BY POTENTIAL
AFFECTED COMMUNITIES.
(a) Department of Defense Recommendations.--Subsection (c)(3) of
section 2903 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 inserting ``(A)'' before ``In considering''; and
(2) by adding at the end the following new subparagraph:
``(B) In considering military installations for closure or
realignment, the Secretary may not take into account for any purpose
any advance conversion planning undertaken by an affected community
with respect to the anticipated closure or realignment of an
installation.
``(C) For purposes of subparagraph (B), in the case of a community
anticipating the economic effects of a closure or realignment of a
military installation, advance conversion planning--
``(i) shall include community adjustment and economic
diversification planning undertaken by the community before an
anticipated selection of a military installation in or near the
community for closure or realignment; and
``(ii) may include the development of contingency
redevelopment plans, plans for economic development and
diversification, and plans for the joint use (including
civilian and military use, public and private use, civilian
dual use, and civilian shared use) of the property or
facilities of the installation after the anticipated closure or
realignment.''.
(b) Commission Recommendations.--Subsection (d)(2) of such section
is amended by adding at the end the following:
``(E) In making recommendations under this paragraph, the
Commission may not take into account for any purpose any advance
conversion planning undertaken by an affected community with respect to
the anticipated closure or realignment of a military installation.''.
SEC. 2812. CLARIFYING AND TECHNICAL AMENDMENTS TO BASE CLOSURE LAWS.
(a) Clarification of Scope of Termination of Authority Under 1988
Act.--Section 202(c) 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 ``The authority'' and inserting in lieu
thereof ``(1) Except as provided in paragraph (2), the
authority''; and
(2) by adding at the end the following new paragraph:
``(2) The termination of authority set forth in paragraph (1) shall
not apply to the authority of the Secretary to carry out environmental
restoration and waste management at, or disposal of property of,
military installations closed or realigned under this title.''.
(b) Use of Unobligated Funds in 1988 Account for Environmental
Restoration and Property Disposal.--Section 207(a)(5) of such Act is
amended--
(1) by striking out ``Unobligated funds'' and inserting in
lieu thereof ``(A) Except as provided in subparagraph (B),
unobligated funds''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary may, after the termination of authority
referred to in subparagraph (A), use any unobligated funds referred to
in that subparagraph that are not transferred in accordance with that
subparagraph to carry out environmental restoration and waste
management at, or disposal of property of, military installations
closed or realigned under this title.''.
(c) Clarification of Disposal Authority.--
(1) Under 1988 act.--Section 204(b)(1) of such Act is
amended in the matter above paragraph (1) by striking out
``real property and facilities'' and inserting in lieu thereof
``real property, facilities, and personal property''.
(2) Under 1990 act.--Section 2905(b)(1) 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 in the
matter above paragraph (1) by striking out ``real property and
facilities'' and inserting in lieu thereof ``real property,
facilities, and personal property''.
(d) Definition of Redevelopment Authority.--
(1) Under 1988 act.--Section 209(10) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended by
striking out ``and for'' and inserting in lieu thereof ``or
for''.
(2) Under 1990 act.--Section 2910(9) 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 ``and for'' and inserting in lieu thereof ``or for''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect as if included in the amendments made
by 2918 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1927).
(e) Technical Amendments for Internal Consistency.--
(1) 1988 act.--Section 204(b)(3) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended--
(A) in subparagraph (A)(ii), by striking out
``determines to be related to real property and''; and
(B) in subparagraph (E), by striking out
``related'' in the matter above clause (i).
(2) 1990 act.--Section 2905(b)(3)(A)(ii) 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 ``determines to be related to real property and''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect as if included in the amendments made
by 2902 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1909).
Subtitle C--Land Transactions Generally
SEC. 2821. LAND TRANSFER, HOLLOMAN AIR FORCE BASE, NEW MEXICO.
(a) In General.--Subject to subsections (c) through (g), not later
than 90 days after the date of enactment of this Act, the Secretary of
the Interior shall transfer to the Department of the Air Force, without
reimbursement, jurisdiction and control of approximately 1,262 acres of
public lands described in subsection (b). Such public lands are located
in Otero County, New Mexico, and are contiguous to Holloman Air Force
Base.
(b) Description of Lands Transferred.--The lands described in this
subsection are as follows:
(1) T17S, R8E, Section 21: S\1/2\ N\1/2\: 160 acres
E\1/2\ NW\1/4\ NE\1/4\: 20 acres
NE\1/4\ NE\1/4\: 40 acres
(2) T17S, R8E, Section 22: W\1/2\: 320 acres
W\1/2\ E\1/2\: 160 acres
(3) T17S, R8E, Section 27: All that part north of New 192 acres more or less
Mexico Highway 70 except for
the E\1/2\ E\1/2\
(4) T17S, R8E, Section 28: NE\1/4\: 160 acres
N\1/2\ SE\1/4\: 80 acres
SW\1/4\ SE\1/4\: 40 acres
W\1/2\ SE\1/4\ SE\1/4\: 20 acres
(5) T17S, R8E, Section 33: NW\1/4\ NE\1/4\: 40 acres
NW\1/4\ NE\1/4\ NE\1/4\: 10 acres
W\1/2\ SW\1/4\ NE\1/4\: 20 acres
(c) Use of Transferred Land.--The lands transferred to the
Department of the Air Force under subsection (a) shall be used by the
Secretary of the Air Force for the construction of new evaporation
ponds to support a wastewater treatment facility that the Secretary
shall construct at Holloman Air Force Base.
(d) Cattle Grazing Rights.--
(1) In general.--The United States recognizes a grazing
preference on the lands transferred to the Department of the
Air Force under subsection (a).
(2) Adjustment of grazing allotment.--(A) The Secretary of
the Air Force shall take such action as is necessary to ensure
that--
(i) the boundary of the grazing allotment that
contains the lands transferred to the Department of the
Air Force is adjusted in such manner as to retain the
portion of the allotment located south of United States
Highway 70 in New Mexico and remove the portion of the
lands that is located north of such highway; and
(ii) the grazing preference referred to in
paragraph (1) is retained by means of transferring the
preference for the area removed from the allotment
under subparagraph (A) to public lands located south of
such highway.
(B) The Secretary of the Air Force shall offer to enter
into an agreement with each person who holds a permit for
grazing on the lands transferred to the Department of the Air
Force at the time of the transfer to provide for the continued
grazing by livestock on the portion of the lands located south
of such highway.
(e) Additional Requirements.--
(1) National environmental policy act of 1969.--The
Secretary of the Air Force shall ensure that the transfer made
pursuant to subsection (a) and the use specified in subsection
(c) meet any applicable requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Environmental laws.--The Secretary of the Air Force
shall use and manage the lands transferred under the authority
in subsection (a) in such manner as to ensure compliance with
applicable environmental laws (including regulations) of the
Federal Government and State of New Mexico, and political
subdivisions thereof.
(3) Responsibility for cleanup of hazardous substances.--
Notwithstanding any other provision of law, the Secretary of
the Air Force shall, upon the transfer of the lands under
subsection (a), assume any existing or subsequent
responsibility and liability for the cleanup of hazardous
substances (as defined in section 101(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601(14))) located on or within the lands
transferred.
(4) Mining.--The transfer of lands under subsection (a)
shall be made in such manner as to ensure the continuation of
valid, existing rights under the mining laws and the mineral
leasing and geothermal leasing laws of the United States.
Subject to the preceding sentence, upon the transfer of the
lands, mining and mineral management activities shall be
carried out in the lands in a manner consistent with the
policies of the Department of Defense concerning mineral
exploration and extraction on lands under the jurisdiction of
the Department.
(f) Rights-Of-Way.--The transfer of lands under subsection (a)
shall not affect the following rights-of-way:
(1) The right-of-way granted to the Otero County
Electric Cooperative, numbered NMNM 58293.
(2) The right-of-way granted to U.S. West
Corporation, numbered NMNM 59261.
(3) The right-of-way granted to the Highway
Department of the State of New Mexico, numbered LC0
54403.
(g) Public Access.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Air Force shall permit public access to the
lands transferred under subsection (a).
(2) Construction site.--The Secretary of the Air Force may
not permit public access to the immediate area affected by the
construction of a wastewater treatment facility in the area
with the legal description of T17S, R8E, Section 22, except
that the Secretary of the Air Force shall permit public access
on an adjoining unfenced parcel of land--
(A) located along the west boundary of such area;
and
(B) that is 50 feet in width.
(3) Public uses.--Except as provided in paragraph (2), the
Secretary of the Air Force shall permit, on the lands
transferred under subsection (a), public uses that are
consistent with the public uses on adjacent lands under the
jurisdiction of the Secretary of the Interior.
(4) Permit not required.--The Secretary of the Air Force
may not require a permit for access authorized under this
subsection to the lands transferred under subsection (a).
(5) Entry gate.--The Secretary of the Air Force shall
ensure that the entry gate to the lands transferred under
subsection (a) that is located along United States Highway 70
shall be open to the public.
SEC. 2822. JOINT USE OF PROPERTY, PORT HUENEME, CALIFORNIA.
(a) Agreement Authorized.--The Secretary of the Navy may enter into
an agreement with the Oxnard Harbor District, Port Hueneme, California,
a special district of the State of California (in this section referred
to as the ``District''), to provide for the joint use by Secretary and
the District of a parcel of real property consisting of approximately
25 acres, together with improvements thereto, that comprises United
States Navy Wharf Number 3, the location of the Naval Construction
Battalion Center, Port Hueneme, California.
(b) Period.--The agreement authorized under subsection (a) shall--
(1) be for an initial period of not more than 15 years; and
(2) contain an option for the District to extend the
agreement for three additional periods of 5 years each.
(c) Conditions.--The agreement authorized under subsection (a)
shall be subject to the following conditions:
(1) That the District suspend operations in the joint use
area during the periods when the Navy conducts operations at
the Naval Construction Battalion Center.
(2) That the District carry out activities in the joint use
area in a manner that does not interfere with the capability of
the Secretary to carry out contingency operations at the Naval
Construction Battalion Center.
(d) Consideration.--(1) As consideration for the use of the real
property under subsection (a), the District--
(A) shall pay to the Secretary the fair market rental value
(as determined by the Secretary) of the District's interest in
the property; and
(B) may be required to furnish additional consideration as
provided in paragraph (2).
(2) The Secretary may require that the agreement include a
provision that the District--
(A) either--
(i) pay the Secretary an amount (as determined by
the Secretary) equal to the cost to the Navy of
replacing at the Naval Construction Battalion Center
the facilities vacated by the Navy in the joint use
area; or
(ii) construct the replacement facilities for the
Navy; and
(B) pay the Secretary an amount (as determined by the
Secretary) equal to the cost to the Navy of relocating Navy
operations from the vacated facilities to the replacement
facilities.
(e) Notice and Wait Requirements.--The Secretary may not enter into
the agreement authorized by subsection (a) until 21 days after the date
on which the Secretary submits to the Committees on Armed Services of
the Senate and the House of Representatives 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 Proceeds.--(1) The Secretary may use amounts received
under subsection (d)(1)(A) to pay for general supervision,
administration and overhead expenses incurred by the Secretary under
the agreement and for improvement, maintenance, repair, construction,
or restoration of the port operations area or of roads and railways
serving the area at the Naval Construction Battalion 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 in the joint use area and for relocating operations of the
Navy from the vacated facilities to the replacement facilities.
(g) Authority To Replace Facilities.--The Secretary may authorize
the District to demolish existing facilities in the joint use area and,
consistent with the restrictions required by subsection (c)(2),
construct new facilities on the property for the joint use of the Navy
and the District.
(h) Description of Property.--The exact acreage and legal
description of the real property subject to the agreement authorized
under this section shall be determined by a survey that is satisfactory
to the Secretary. The cost of the survey shall be borne by the
District.
(i) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the agreement
authorized under this section as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2823. LEASE OF PROPERTY, NAVAL RADIO RECEIVING FACILITY, IMPERIAL
BEACH, CORONADO, CALIFORNIA.
(a) Lease Authorized.--The Secretary of the Navy may lease to the
Young Men's Christian Association of San Diego County, a California
nonprofit public benefit corporation (in this section referred to as
the ``YMCA''), such interests in a parcel of real property (including
any improvements thereon) consisting of approximately 45 acres at the
Naval Radio Receiving Facility, Imperial Beach, Coronado, California,
as the Secretary considers appropriate for the YMCA to operate and
maintain a summer youth residence camp known as the YMCA San Diego
Unified Recreational Facility (Camp SURF). Pursuant to the lease, the
Secretary may authorize the YMCA to construct facilities on the parcel.
(b) Lease Terms.--The lease authorized in subsection (a) shall be
for a period of 50 years, or such longer period as the Secretary
determines to be in the best interests of the United States.
(c) Consideration.--As consideration for the lease of real property
under subsection (a), the YMCA shall--
(1) agree to maintain and enhance the natural resources of
the leased premises; and
(2) pay to the United States an amount in cash equal to the
difference between the rental price prescribed by the Secretary
under subsection (d) and the value of natural resources
maintenance and enhancements performed by the YMCA, as
determined by the Secretary.
(d) Determination of Rental Price.--The Secretary may prescribe a
rental price for the real property leased under subsection (a) that is
less than the fair market rental value of such property.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the lease under
subsection (a) as the Secretary considers necessary to protect the
operation of the Naval Radio Receiving Facility, Imperial Beach,
Coronado, California, and to protect the interests of the United
States.
SEC. 2824. RELEASE OF REVERSIONARY INTEREST ON CERTAIN PROPERTY IN YORK
COUNTY AND JAMES CITY COUNTY, VIRGINIA, AND NEWPORT NEWS,
VIRGINIA.
(a) Release Authorized.--The Secretary of the Navy may release the
reversionary interest of the United States in the real property
conveyed by the deed described in subsection (b).
(b) Deed Description.--The deed referred to in subsection (a) is a
deed between the United States and the Commonwealth of Virginia dated
August 17, 1966, which conveyed to the Commonwealth of Virginia certain
parcels of land located in York County and James City County, Virginia,
and the city of Newport News, Virginia.
(c) Additional Terms.--The Secretary may require such terms or
conditions in connection with the release under this section as the
Secretary considers appropriate to protect the interests of the United
States and to ensure that the real property will continue to be used
for public purposes.
(d) Instrument of Release.--The Secretary may execute and file in
the appropriate office or offices a deed of release, amended deed, or
other appropriate instrument effectuating the release of the
reversionary interest under this section.
SEC. 2825. LAND TRANSFER, FORT DEVENS, MASSACHUSETTS.
(a) Transfer.--Notwithstanding any other provision of law and
subject to subsection (b), the Secretary of the Army shall transfer
administrative jurisdiction of approximately 800 acres of land at Fort
Devens, Massachusetts, to the Secretary of the Interior for inclusion
in the Oxbow National Wildlife Refuge, Massachusetts.
(b) Limitation on Transfer.--The Secretary of the Army may not
carry out the transfer referred to in subsection (a) unless the
Secretary and the reuse authority for Fort Devens for the purposes 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), jointly determine
that the transfer of the land under this section is consistent with the
redevelopment plan prepared under section 2905(b) of such Act.
(c) Administration of Land.--The Secretary of the Interior shall
administer the land transferred under this section in accordance with
all laws applicable to areas in the National Wildlife Refuge System.
(d) Description of Property.--The exact acreage and legal
description of the property to be transferred under this section shall
be determined by a survey satisfactory to the Secretary of the Army and
the Secretary of the Interior.
SEC. 2826. LAND CONVEYANCE, CORNHUSKER ARMY AMMUNITION PLANT, HALL
COUNTY, NEBRASKA.
(a) Conveyance Authorized.--Subject to subsection (b), the
Secretary of the Army may convey to the Hall County, Nebraska, Board of
Supervisors (in this section referred to as the ``Board''), or the
designee of the Board, all right, title and interest of the United
States in and to the real property, together with any improvements
thereon, located in Hall County, Nebraska, the site of the Cornhusker
Army Ammunition Plant.
(b) Requirement Relating to Conveyance.--The Secretary may not
carry out the conveyance authorized under subsection (a) until the
Secretary completes any environmental restoration required with respect
to the property to be conveyed.
(c) Utilization of Property.--The Board or its designee, as the
case may be, shall utilize the real property conveyed under subsection
(a) in a manner consistent with the Cornhusker Army Ammunition Plant
Reuse Committee Comprehensive Reuse Plan.
(d) Consideration.--In consideration for the conveyance under
subsection (a), the Board or its designee, as the case may be, shall
pay to the United States an amount equal to the fair market value of
the real property to be conveyed, as determined by the Secretary.
(e) Use of Proceeds.--(1) The Secretary shall deposit in the
special account established under section 204(h)(2) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 485(h)) the
amount received from the Board or its designee under subsection (d).
(2) Notwithstanding subparagraph (A) of such section 204(h)(2), the
Secretary may use the entire amount deposited in the account under
paragraph (1) for the purposes set forth in subparagraph (B) of such
section 204(h)(2).
(f) 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 or its designee, as the case may be.
(g) 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. 2827. TRANSFER OR CONVEYANCE OF CERTAIN PARCELS OF PROPERTY
THROUGH GENERAL SERVICES ADMINISTRATION.
(a) In General.--(1) Subject to paragraph (2), the Administrator of
General Services shall--
(A) transfer jurisdiction over all or a portion of a parcel
of real property described in subsection (b) to another
executive agency if the Administrator determines under
subsection (c) that the transfer of jurisdiction to the agency
is appropriate;
(B) convey all or a portion of such a parcel to a State or
local government or nonprofit organization if the Administrator
determines under subsection (d) that the conveyance to the
government or organization is appropriate; or
(C) convey all or a portion of such a parcel to the entity
specified to receive the conveyance under subsection (e) in
accordance with that subsection.
(2) The Administrator shall carry out an action referred to in
subparagraph (A), (B), or (C) of paragraph (1) only upon direction by
the Secretary of Defense. The Secretary shall make the direction, if at
all, in accordance with subsection (g).
(3) Upon the direction of the Secretary of Defense, the Secretary
of the military department concerned shall transfer jurisdiction over
an appropriate portion of a parcel of real property referred to in
paragraph (1) to the Administrator in order to permit the Administrator
to carry out the transfer of jurisdiction over or conveyance of the
portion of the parcel under this section.
(b) Covered Property.--(1) The parcels of real property referred to
in subsection (a)(1) are the following:
(A) A parcel of real property, including any improvements
thereon, consisting of approximately 337 acres and located in
Tulsa, Oklahoma, the location of Air Force Plant No. 3.
(B) A parcel of real property, including any improvements
thereon, consisting of approximately 2,900 acres and located in
Calverton, New York, the location of the Naval Weapons
Industrial Reserve Plant.
(C) A parcel of real property, including any improvements
thereon, located in Johnson City (Westover), New York, the
location of Air Force Plant No. 59.
(D) A parcel of real property, including any improvements
thereon, consisting of approximately 4 acres and located in
Dickinson, North Dakota, the location of a support complex,
recreational facilities, and housing facilities for the Radar
Bomb Scoring Site, Dickinson, North Dakota.
(E) A parcel of real property, including any improvements
thereon, consisting of approximately 12 acres and located west
of Finley, North Dakota, the location of a support complex,
recreational facilities, and housing facilities for the Finley
Air Force Station and Radar Bomb Scoring Site, Finley, North
Dakota.
(2) The exact acreage and legal description of the real property
referred to in paragraph (1) that is transferred or conveyed under this
section shall be determined by a survey satisfactory to the Secretary
of the military department concerned. The cost of the survey shall be
borne by the Secretary concerned. The transferee or conveyee, if any,
of the property under this section shall reimburse the Secretary
concerned for the cost borne by that Secretary for the survey of the
property.
(c) Determination of Transferees.--(1) Subject to subsection
(a)(2), the Administrator shall transfer jurisdiction over all or a
portion of a parcel of real property referred to in subsection (b)(1)
to an executive agency if the Administrator determines under this
subsection that the transfer is appropriate.
(2) Not later than 5 days after the date of the enactment of this
Act, the Administrator shall inform the heads of the executive agencies
of the availability of the parcels of real property referred to in
subsection (b)(1).
(3) The head of an executive agency having an interest in obtaining
jurisdiction over any portion of a parcel of real property referred to
in paragraph (2) shall notify the Administrator, in writing, of the
interest within such time as the Administrator shall specify with
respect to the parcel in order to permit the Administrator to determine
under paragraph (4) whether the transfer of jurisdiction to the agency
is appropriate.
(4)(A) The Administrator shall--
(i) evaluate in accordance with section 202(a) of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 483(a)) the notifications of interest, if any, received
under paragraph (3) with respect to a parcel of real property;
and
(ii) determine in accordance with that section the
executive agency, if any, to which the transfer of jurisdiction
is appropriate.
(B) The Administrator shall complete the determination under
subparagraph (A) with respect to a parcel not later than 30 days after
informing the heads of the executive agencies of the availability of
the parcel.
(d) Determination of Conveyees.--(1) Subject to subsection (a)(2),
the Administrator shall convey all right, title, and interest of the
United States in and to all or a portion of a parcel of real property
referred to in paragraph (2) to a government or organization referred
to in paragraph (3) if the Administrator determines under this
subsection that the conveyance is appropriate.
(2) Paragraph (2) applies to any portion of a parcel of real
property referred to in subsection (b)(1)--
(A) for which the Administrator receives no notification of
interest from the head of an executive agency under subsection
(c); or
(B) with respect to which the Administrator determines
under paragraph (4)(B) of that subsection that a transfer of
jurisdiction under this section would not be appropriate.
(3)(A) In the case of the property referred to in paragraph (2),
the governments and organizations referred to in that paragraph are the
following:
(i) The State government of the State in which the property
is located.
(ii) Local governments affected (as determined by the
Administrator) by operations of the Department of Defense at
the property.
(iii) Nonprofit organizations located in the vicinity of
the property and eligible under Federal law to be supported
through the use of Federal surplus real property.
(B) In this paragraph, the term ``nonprofit organization'' means
any organization listed in subsection (c)(3) of section 501 of the
Internal Revenue Code of 1986 (26 U.S.C. 501) that is exempt from
taxation under subsection (a) of that section.
(4) Not later than 5 days after completing the determination under
subsection (c)(4)(B), the Administrator shall determine what, if any,
parcels of property referred to in subsection (b)(1) are available for
conveyance under this subsection and shall inform the appropriate
governments and organizations of the availability of the parcels for
conveyance under this section.
(5) A government or organization referred to in paragraph (4) shall
notify the Administrator, in writing, of the interest of the government
or organization, as the case may be, in the conveyance of all or a
portion of the parcel of real property concerned to the government or
organization. The government or organization shall notify the
Administrator within such time as the Administrator shall specify with
respect to the parcel in order to permit the Administrator to determine
under paragraph (6) whether the conveyance of the parcel to the
government or organization, as the case may be, is appropriate.
(6)(A) The Administrator shall--
(i) evaluate in accordance with section 203 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
484) the notifications, if any, received under paragraph (5)
with respect to a parcel of real property; and
(ii) determine in accordance with that section the
government or organization, if any, to which the conveyance is
appropriate.
(B) The Administrator shall complete the determination under
subparagraph (A) with respect to a parcel not later than 70 days after
notifying the governments and organizations concerned of the
availability of the parcel for conveyance.
(e) Additional Conveyance Authority.--(1) Subject to subsection
(g)(2), the Administrator shall, in lieu of transferring jurisdiction
over or conveying the parcels of real property referred to in
subsection (b)(1) in accordance with subsections (c) and (d), convey
all or a portion of such parcels as follows:
(A) In the case of the parcel referred to in subparagraph
(A) of subsection (b)(1), by conveying without consideration
all right, title, and interest of the United States in and to
the parcel to the City of Tulsa, Oklahoma.
(B) In the case of the parcel referred to in subparagraph
(B) of that subsection, by conveying without consideration all
right, title, and interest of the United States in and to the
parcel to any economic development authority that the Governor
of New York determines appropriate and identifies as such for
the Administrator.
(C) In the case of the parcel referred to in subparagraph
(C) of that subsection, by conveying without consideration all
right, title, and interest of the United States in and to the
parcel to the Broome County Industrial Development Authority.
(D) In the case of the parcel referred to in subparagraph
(D) of that subsection, by conveying without consideration all
right, title, and interest of the United States in and to the
parcel to the North Dakota Board of Higher Education.
(E) In the case of the parcel referred to in subparagraph
(E) of that subsection, by conveying without consideration all
right, title, and interest of the United States in and to the
parcel to the City of Finley, North Dakota.
(2) The Administrator may require such additional terms and
conditions in connection with a conveyance under this subsection as the
Administrator and the Secretary of Defense jointly consider appropriate
to protect the interests of the United States.
(f) Report by Administrator.--(1) Not later than 125 days after the
date of the enactment of this Act, the Administrator shall submit to
the Committees on Armed Services of the Senate and House of
Representatives and to the Secretary of Defense a report on the
activities of the Administrator under this section.
(2) The report shall include with respect to each parcel of real
property referred to in subsection (b)(1) the following information:
(A) The interest, if any, for all or a portion of the
parcel that was expressed by executive agencies under
subsection (c) or by governments or nonprofit organizations
under subsection (d).
(B) The use, if any, proposed for the portion of the parcel
under each expression of interest.
(C) The determination of the Administrator whether a
transfer or conveyance of all or a portion of the parcel, as
the case may be, to the agency, government, or organization was
appropriate.
(D) The other disposal options, if any, that the
Administrator has identified for the parcel.
(E) Any other matters that the Administrator considers
appropriate.
(g) Designation of Authority To Be Used.--(1) If the Administrator
submits the report required under subsection (f) within the time
specified in that subsection, the Secretary of Defense may direct the
Administrator under subsection (a)(2) to carry out the transfer or
conveyance under subsection (c) or (d) of all or a portion of a parcel
of property referred to in subsection (b)(1) in accordance with the
determinations made by the Administrator with respect to the transfer
or conveyance of the parcel under subsection (c) or (d), respectively.
(2) If the Administrator does not submit the report required under
subsection (f) within the time specified in that subsection, the
Secretary may direct the Administrator to carry out the conveyances of
the parcels of property that are authorized under subsection (e) in
accordance with such subsection (e).
Subtitle D--Changes to Existing Land Transaction Authority
SEC. 2831. MODIFICATIONS OF LAND CONVEYANCE, FORT A.P. HILL MILITARY
RESERVATION, VIRGINIA.
(a) Participation of Additional Political Subdivisions in Regional
Correctional Facility.--Subparagraph (B) of subsection (c)(3) of
section 603 of the Persian Gulf Conflict Supplemental Authorization and
Personnel Benefits Act of 1991 (Public Law 102-25; 105 Stat. 108) is
amended to read as follows:
``(B) Subparagraph (A) shall not be construed to prohibit any
political subdivision not named in such subparagraph from--
``(i) participating initially in the written agreement
referred to in paragraph (2); or
``(ii) agreeing at a later date to participate as a member
of the governmental entity referred to in paragraph (2)(A), or
by contract with such entity, in the construction or operation
of the regional facility to be constructed on the parcel of
land conveyed under this section.''.
(b) Time for Construction and Operation of Correctional Facility.--
(1) Subsection (d)(1)(A)(i) of such section is amended by striking out
``not later than 24 months after the date of the enactment of this
Act'' and inserting in lieu thereof ``not later than April 1, 1997''.
(2) The Secretary of the Army shall provide the recipient of the
conveyance of property under section 603 of such Act with such legal
instrument as is appropriate to modify, in accordance with the
amendment made by paragraph (1), any statement of conditions contained
in any existing instrument which conveyed the property to that
recipient. The Secretary shall record the instrument in the appropriate
office or officers of the Commonwealth of Virginia or political
subdivision within the Commonwealth.
SEC. 2832. MODIFICATION OF CONVEYANCE OF ELECTRICITY DISTRIBUTION
SYSTEM, FORT DIX, NEW JERSEY.
Section 2846 of the Military Construction Authorization Act for
Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 1904) is
amended--
(1) by striking out subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
SEC. 2833. MODIFICATION OF LAND CONVEYANCE, FORT KNOX, KENTUCKY.
Section 2816 of the Military Construction Authorization Act for
Fiscal Years 1990 and 1991 (division B of Public Law 101-189; 103 Stat.
1655) is amended--
(1) in subsection (c), by striking out ``for the
construction of up to four units of military family housing at
Fort Knox, Kentucky'' and inserting in lieu thereof ``for
improvements to military family housing at Fort Knox, Kentucky,
in an amount not to exceed $255,000'';
(2) by striking out subsection (d); and
(3) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
SEC. 2834. PRESERVATION OF CALVERTON PINE BARRENS, NAVAL WEAPONS
INDUSTRIAL RESERVE PLANT, NEW YORK, AS NATURE PRESERVE.
(a) Preservation as Nature Preserve Required.--Section 2854 of the
Military Construction Authorization Act for Fiscal Year 1993 (division
B of Public Law 102-484; 106 Stat. 2626) is amended--
(1) by redesignating subsections (a) and (b) as subsections
(c) and (d); and
(2) by inserting before subsection (c), as so redesignated,
the following new subsections (a) and (b):
``(a) Purpose.--It is the purpose of this section to ensure that
the Calverton Pine Barrens is maintained and preserved, in perpetuity,
as a nature preserve in its current undeveloped state.
``(b) Prohibition on Inconsistent Development.--(1) The Secretary
of the Navy may not carry out or permit any commercial or residential
development of the property referred to in paragraph (2) that is
inconsistent with the purpose specified in subsection (a).
``(2) Paragraph (1) applies to any parcel of real property within
the Calverton Pine Barrens that is under the jurisdiction of the
Secretary.''.
(b) Conforming Amendments.--Subsection (c) of such section, as
redesignated by subsection (a)(1), is amended--
(1) by striking out ``Prohibition.--'' and inserting in
lieu thereof ``Reversionary Interest.--''; and
(2) by striking out ``for commercial purposes'' and all
that follows through the period and inserting in lieu thereof
``in a manner inconsistent with the purpose specified in
subsection (a) (as determined by the head of the department or
agency making the conveyance).''.
Subtitle E--Other Matters
SEC. 2841. JOINT CONSTRUCTION CONTRACTING FOR COMMISSARIES AND
NONAPPROPRIATED FUND INSTRUMENTALITY FACILITIES.
(a) Single Contract Construction.--Section 2685 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(d)(1) The Secretary of a military department may authorize a
nonappropriated fund instrumentality of the United States to enter into
a contract for construction of a shopping mall or similar facility for
a commissary store and one or more nonappropriated fund instrumentality
activities. The Secretary may use the proceeds of adjustments or
surcharges authorized by subsection (a) to reimburse the
nonappropriated fund instrumentality for the portion of the cost of the
contract that is attributable to construction of the commissary store
or to pay the contractor directly for that portion of such cost.
``(2) In paragraph (1), the term `construction', with respect to a
facility, includes acquisition, conversion, expansion, installation, or
other improvement of the facility.''.
(b) Obligation of Anticipated Proceeds.--Subsection (c) of such
section is amended by inserting ``or (d)'' after ``subsection (b)''
both places it appears.
SEC. 2842. NATIONAL GUARD FACILITY CONTRACTS SUBJECT TO PERFORMANCE
SUPERVISION BY THE ARMY OR THE NAVY.
(a) Contracts Subject To Supervision.--Subsection (a) of section
2237 of title 10, United States Code, is amended by striking out
``under any provision'' and all that follows through ``and (4)'' and
inserting in lieu thereof ``under section 2233(a)(1)''.
(b) Conforming Amendment.--Subsection (b) of such section is
amended by striking out ``or (4)'' and inserting in lieu thereof ``(4),
(5), or (6)''.
SEC. 2843. WAIVER OF REPORTING REQUIREMENTS FOR CERTAIN REAL PROPERTY
TRANSACTIONS IN THE EVENT OF WAR OR NATIONAL EMERGENCY.
Section 2662 of title 10, United States Code, is amended by adding
at the end the following:
``(g)(1) Subsections (a) and (e) do not apply--
``(A) during a period described in paragraph (2); or
``(B) to transactions described in such subsections that
are undertaken to restore Federal Government operations, to
provide public assistance or relief, or to restore public order
in relation to a major disaster declared in accordance with the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.).
``(2) The periods referred to in paragraph (1)(A) are as follows:
``(A) A period of war declared by Congress.
``(B) A period of national emergency declared by the
President in accordance with the National Emergencies Act (50
U.S.C. 1601 et seq.)
``(3) Not later than 30 days after taking an action for which prior
notification would, except for this subsection, otherwise be required
under subsection (a) or (e), the Secretary of the military department
concerned or, in the case of an element of the Department of Defense
not within a military department, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report on the action taken.''.
SEC. 2844. REPORT ON USE OF FUNDS FOR ENVIRONMENTAL RESTORATION AT
CORNHUSKER ARMY AMMUNITION PLANT, HALL COUNTY, NEBRASKA.
(a) Report Required.--The Secretary of the Army shall submit to
Congress a report describing the manner in which funds available to the
Army for operation and maintenance (including funds in the Defense
Environmental Restoration Account established under section 2703(a)(1)
of title 10, United States Code) will be used by the Secretary for
environmental restoration and maintenance of the real property that
comprises the Cornhusker Army Ammunition Plant, Hall County, Nebraska.
(b) Contents.--The report shall include the following:
(1) The funding plan for environmental restoration at the
Cornhusker Army Ammunition Plant.
(2) A legal opinion stating whether any portion of the
funds to be used for such environmental restoration may be used
for the repair of the roads at the Plant in order to bring such
roads into compliance with applicable State and local public
works codes.
(3) A survey of the roads at the Plant that identifies
which roads, if any, are in need of repair in order to bring
the roads at the Plant into compliance with such codes.
(4) An estimate of the cost of the repair of the roads
referred to in paragraph (3) in order to bring the roads into
compliance.
(5) An explanation of the purpose, cost, and source of
funds for any proposed preservation of documents or other
materials relating to the cultural, historical, and natural
resources associated with the Plant.
(c) Submission of Report.--The Secretary shall submit the report
required by this section not later than May 1, 1995.
SEC. 2845. DEPARTMENT OF DEFENSE LABORATORY REVITALIZATION
DEMONSTRATION PROGRAM.
(a) Program Required.--The Secretary of Defense shall carry out a
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 subsection (a)(1) of section
2805 of title 10, United States Code, 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) of such
section shall be deemed to be $1,000,000.
(c) Designation of Covered Laboratories.--Not later than 30 days
before commencing the program, the Secretary shall designate the
Department of Defense laboratories that are to be covered by the
program and notify Congress of the laboratories so designated. Only the
designated laboratories may be covered by the program.
(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 and feasibility 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 a
laboratory.
(3) The term ``Department of Defense laboratory'' does not
include a contractor owned laboratory.
(g) Expiration of Authority.--The Secretary may not carry out the
program after September 30, 1999.
SEC. 2846. AGREEMENTS OF SETTLEMENT FOR RELEASE OF IMPROVEMENTS AT
OVERSEAS MILITARY INSTALLATIONS.
(a) Agreements Subject to OMB Review.--Subsection (g) of section
2921 of the Military Construction Authorization Act for Fiscal Year
1991 (division B of Public Law 101-510; 10 U.S.C. 2687 note) is amended
by inserting after the first sentence the following: ``The prohibition
set forth in the preceding sentence shall apply only to agreements of
settlement for improvements having a value in excess of $10,000,000.''.
(b) Reports to Congress.--Such subsection, as amended by subsection
(a), is further amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following:
``(2) Each year, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on each proposed agreement of settlement that was not submitted by the
Secretary to the Director of the Office of Management and Budget in the
previous year under paragraph (1) because the value of the improvements
to be released pursuant to the proposed agreement did not exceed
$10,000,000.''.
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Calendar No. 479
103d CONGRESS
2d Session
S. 2209
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A BILL
To authorize appropriations for fiscal year 1995 for military
construction, and for other purposes.
_______________________________________________________________________
June 20 (legislative day, June 7), 1994
Read twice and placed on the calendar