US (United States) Code. Title 10. Subtitle A. Part IV. Chapter 159: Real property; related personal property

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL

PROPERTY; AND LEASE OF NON-EXCESS PROPERTY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

.

-HEAD-

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-MISC1-

Sec.

2661. Miscellaneous administrative provisions relating to real

property.

(2661a. Repealed.)

2662. Real property transactions: reports to congressional

committees.

2663. Acquisition.

2664. Acquisition of property for lumber production.

2665. Sale of certain interests in land; logs.

2666. Acquisition: land purchase contracts; limitation on

commission.

2667. Leases: non-excess property of military departments.

2667a. Leases: non-excess property of Defense agencies.

2668. Easements for rights-of-way.

2669. Easements for rights-of-way: gas, water, sewer pipe lines.

2670. Military installations: use by American National Red Cross;

use as polling places.

2671. Military reservations and facilities: hunting, fishing, and

trapping.

2672. Acquisition: interests in land when cost is not more than

$500,000.

2672a. Acquisition: interests in land when need is urgent.

2673. Acquisition of certain interests in land: availability of

funds.

2674. Operation and control of Pentagon Reservation and defense

facilities in National Capital Region.

2675. Leases: foreign countries.

2676. Acquisition: limitation.

2677. Options: property required for military construction

projects.

2678. Feral horses and burros: removal from military installations.

2679. Representatives of veterans' organizations: use of space and

equipment.

2680. Leases: land for special operations activities.

2681. Use of test and evaluation installations by commercial

entities.

2682. Facilities for defense agencies.

2683. Relinquishment of legislative jurisdiction; minimum drinking

age on military installations.

2684. Cooperative agreements for management of cultural resources.

2684a. Agreements to limit encroachments and other constraints on

military training, testing, and operations.

2685. Adjustment of or surcharge on selling prices in commissary

stores to provide funds for construction and improvement of

commissary store facilities.

2686. Utilities and services: sale; expansion and extension of

systems and facilities.

2687. Base closures and realignments.

2688. Utility systems: conveyance authority.

2689. Development of geothermal energy on military lands.

2690. Fuel sources for heating systems; prohibition on converting

certain heating facilities.

2691. Restoration of land used by permit or lease.

2692. Storage, treatment, and disposal of nondefense toxic and

hazardous materials.

2693. Conveyance of certain property: Department of Justice

correctional options program.

2694. Conservation and cultural activities.

2694a. Conveyance of surplus real property for natural resource

conservation.

2695. Acceptance of funds to cover administrative expenses relating

to certain real property transactions.

2696. Screening of real property for further Federal use before

conveyance.

HISTORICAL AND REVISION NOTES

1962 ACT

This section makes necessary clerical amendments to chapter

analysis.

AMENDMENTS

2002 - Pub. L. 107-314, div. B, title XXVIII, Sec. 2811(b),

2812(a)(2), Dec. 2, 2002, 116 Stat. 2707, 2709, added items 2684a

and 2694a.

2001 - Pub. L. 107-107, div. A, title X, Sec.

1048(a)(26)(B)(ii), title XVI, Sec. 1607(b)(3), Dec. 28, 2001, 115

Stat. 1225, 1280, substituted ''Military installations: use by

American National Red Cross; use as polling places'' for

''Licenses: military installations; erection and use of buildings;

American National Red Cross'' in item 2670 and ''Conveyance of

certain property: Department of Justice correctional options

program'' for ''Conveyance of certain property'' in item 2693.

1998 - Pub. L. 105-261, div. B, title XXVIII, Sec. 2812(b)(2),

Oct. 17, 1998, 112 Stat. 2206, struck out ''from other agencies''

after ''lease'' in item 2691.

1997 - Pub. L. 105-85, div. A, title III, Sec. 343(g)(3),

371(c)(2), title X, Sec. 1061(c)(2), 1062(b), div. B, title

XXVIII, Sec. 2811(b)(2), 2812(b), 2813(b), 2814(a)(2), Nov. 18,

1997, 111 Stat. 1688, 1705, 1891, 1892, 1992-1995, inserted ''of

military departments'' after ''property'' in item 2667, added item

2667a, substituted ''$500,000'' for ''$200,000'' in item 2672,

added items 2686 and 2688, substituted ''Storage, treatment, and''

for ''Storage and'' in item 2692, and added items 2695 and 2696.

1996 - Pub. L. 104-201, div. A, title III, Sec. 332(a)(2),

369(b)(2), div. B, title XXVIII, Sec. 2862(b), Sept. 23, 1996, 110

Stat. 2485, 2498, 2805, substituted ''of Pentagon Reservation and

defense facilities in National Capital Region'' for ''of the

Pentagon Reservation'' in item 2674 and added items 2684 and 2694.

1993 - Pub. L. 103-160, div. A, title VIII, Sec. 846(b), Nov.

30, 1993, 107 Stat. 1723, added item 2681.

1992 - Pub. L. 102-496, title IV, Sec. 403(a)(2)(B), Oct. 24,

1992, 106 Stat. 3185, substituted ''reports to congressional

committees'' for ''Reports to the Armed Services Committees'' in

item 2662.

1991 - Pub. L. 102-190, div. B, title XXVIII, Sec. 2863(a)(2),

Dec. 5, 1991, 105 Stat. 1560, added item 2680.

1990 - Pub. L. 101-647, title XVIII, Sec. 1802(b), Nov. 29, 1990,

104 Stat. 4850, added item 2693.

Pub. L. 101-510, div. A, title XIV, Sec. 1481(h)(2), div. B,

title XXVIII, Sec. 2804(a)(2), Nov. 5, 1990, 104 Stat. 1708, 1785,

added items 2674 and 2678.

1988 - Pub. L. 100-370, Sec. 1(l)(4), 2(b)(2), July 19, 1988, 102

Stat. 849, 854, added items 2661 and 2673 and struck out item 2693

''Prohibition on contracts for performance of firefighting or

security-guard functions''.

1987 - Pub. L. 100-224, Sec. 5(b)(3), Dec. 30, 1987, 101 Stat.

1538, inserted ''; prohibition on converting certain heating

facilities'' after ''systems'' in item 2690.

Pub. L. 100-180, div. A, title XI, Sec. 1112(b)(3), Dec. 4,

1987, 101 Stat. 1147, inserted ''or security-guard'' before

''functions'' in item 2693.

1986 - Pub. L. 99-661, div. A, title XII, Sec. 1205(a)(2),

1222(a)(2), Nov. 14, 1986, 100 Stat. 3972, 3976, substituted ''Fuel

sources for heating systems'' for ''Restriction on fuel sources for

new heating systems'' in item 2690 and added item 2693.

Pub. L. 98-115, title VIII, Sec. 807(c)(2), Oct. 11, 1983, 97

Stat. 789; Pub. L. 99-167, title VIII, Sec. 806(a), Dec. 3, 1985,

99 Stat. 988, struck out item 2667a ''Sale and replacement of

nonexcess real property'', eff. Oct. 1, 1986.

1985 - Pub. L. 99-167, title VIII, Sec. 810(b)(2), Dec. 3, 1985,

99 Stat. 990, substituted ''$200,000'' for ''$100,000'' in item

2672.

Pub. L. 99-145, title XII, Sec. 1224(c)(2), Nov. 8, 1985, 99

Stat. 729, inserted ''; minimum drinking age on military

installations'' in item 2683.

1984 - Pub. L. 98-407, title VIII, Sec. 804(b), 805(b), Aug. 28,

1984, 98 Stat. 1519, 1521, added items 2691 and 2692.

1983 - Pub. L. 98-115, title VIII, Sec. 807(a)(2), Oct. 11, 1983,

97 Stat. 788, added item 2667a.

1982 - Pub. L. 97-321, title VIII, Sec. 805(b)(4), Oct. 15, 1982,

96 Stat. 1573, substituted in item 2689 ''Development of geothermal

energy on military lands'' for ''Development of sources of energy

on or for military installations''.

Pub. L. 97-295, Sec. 1(31)(B), Oct. 12, 1982, 96 Stat. 1296,

struck out item 2661a ''Appropriations for advance planning of

military public works''.

Pub. L. 97-258, Sec. 2(b)(6)(A), Sept. 13, 1982, 96 Stat. 1053,

added item 2661a.

Pub. L. 97-214, Sec. 6(c)(2), 10(a)(4), (5)(C), July 12, 1982, 96

Stat. 173, 175, struck out items 2661 ''Planning and construction

of public works projects by military departments'', 2673

''Restoration or replacement of facilities damaged or destroyed'',

2674 ''Minor construction projects'', 2678 ''Acquisition of

mortgaged housing units'', 2681 ''Construction or acquisition of

family housing and community facilities in foreign countries'',

2684 ''Construction of family quarters; limitations on space'',

2686 ''Leases: military family housing'', and 2688 ''Use of solar

energy systems in new facilities'', substituted ''Options: property

required for military construction projects'' for ''Options:

property required for public works projects of military

departments'' in item 2677, and added items 2689 and 2690.

1980 - Pub. L. 96-513, title V, Sec. 511(89), Dec. 12, 1980, 94

Stat. 2928, struck out item 2680 ''Reimbursement of owners of

property acquired for public works projects for moving expenses''.

Pub. L. 96-418, title VIII, Sec. 806(b), Oct. 10, 1980, 94 Stat.

1777, as amended by Pub. L. 97-22, Sec. 11(c), July 10, 1981, 95

Stat. 138, substituted ''$100,000'' for ''$50,000'' in item 2762.

1979 - Pub. L. 96-125, title VIII, Sec. 804(a)(2), Nov. 26, 1979,

93 Stat. 948, added item 2688.

1977 - Pub. L. 95-82, title V, Sec. 504(a)(2), title VI, Sec.

608(b), 612(b), Aug. 1, 1977, 91 Stat. 371, 378, 380, substituted

''Minor construction projects'' for ''Establishment and development

of military facilities and installations costing less than

$400,000'' in item 2674 and added items 2686 and 2687.

1975 - Pub. L. 94-107, title VI, Sec. 607(1), (9), (10), Oct. 7,

1975, 89 Stat. 566, 567, substituted ''$400,000'' for ''$300,000''

in item 2674, struck out ''; structures not on a military base'' in

item 2675, and added item 2672a.

1974 - Pub. L. 93-552, title VI, Sec. 611, Dec. 27, 1974, 88

Stat. 1765, added item 2685.

1973 - Pub. L. 93-166, title V, Sec. 509(b), Nov. 29, 1973, 87

Stat. 677, added item 2684.

1971 - Pub. L. 92-145, title VII, Sec. 707(2), Oct. 27, 1971, 85

Stat. 411, substituted ''$50,000'' for ''$25,000'' in item 2672.

1970 - Pub. L. 91-511, title VI, Sec. 607(1), 613(2), Oct. 26,

1970, 84 Stat. 1223, 1226, substituted ''$300,000'' for

''$200,000'' in item 2674, and added item 2683.

1963 - Pub. L. 88-174, title VI, Sec. 609(a)(2), Nov. 7, 1963, 77

Stat. 329, added item 2682.

1962 - Pub. L. 87-651, title I, Sec. 112(d), title II, Sec.

209(b), Sept. 7, 1962, 76 Stat. 512, 524, substituted ''$25,000''

for ''$5,000'' in item 2672 and added items 2679 to 2681.

1960 - Pub. L. 86-500, title V, Sec. 511(2), June 8, 1960, 74

Stat. 187, substituted ''Reports to the Armed Services Committees''

for ''Agreement with Armed Services Committees; reports'' in item

2662.

1958 - Pub. L. 85-861, Sec. 1(52), Sept. 2, 1958, 72 Stat. 1461,

added items 2672 to 2678.

Pub. L. 85-337, Sec. 4(2), Feb. 28, 1958, 72 Stat. 29, added item

2671.

-CITE-

10 USC Sec. 2661 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2661. Miscellaneous administrative provisions relating to real

property

-STATUTE-

(a) Appropriations for operation and maintenance of the active

forces shall be available for the following:

(1) The repair of facilities.

(2) The installation of equipment in public and private plants.

(b) The Secretary of Defense and the Secretary of each military

department may provide for the following:

(1) The leasing of buildings and facilities (including the

payment of rentals for special purpose space at the seat of

Government). Rental for such leases may be paid in advance in

connection with -

(A) the conduct of field exercises and maneuvers; and

(B) the administration of the Act of July 9, 1942 (43 U.S.C.

315q).

(2) The maintenance of defense access roads which are certified

to the Secretary of Transportation as important to the national

defense under the provisions of section 210 of title 23.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(l)(3), July 19, 1988, 102 Stat.

849.)

-MISC1-

HISTORICAL AND REVISION NOTES

Subsection (a) of this section and sections 2241(a) and 2253(b)

of this title are based on Pub. L. 98-212, title VII, Sec. 735,

Dec. 8, 1983, 97 Stat. 1444, as amended by Pub. L. 98-525, title

XIV, Sec. 1403(a)(2), 1404, Oct. 19, 1984, 98 Stat. 2621.

Subsection (b) is based on Pub. L. 99-190, Sec. 101(b) (title

VIII, Sec. 8005(d), (f)), Dec. 19, 1985, 99 Stat. 1185, 1202.

PRIOR PROVISIONS

A prior section 2661, act Aug. 10, 1956, ch. 1041, 70A Stat. 147,

related to planning and construction of public works projects by

military departments, prior to repeal by Pub. L. 97-214, Sec. 7(1),

July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982, and applicable to

military construction projects, and to construction and acquisition

of military family housing authorized before, on, or after such

date.

PILOT PROGRAM TO PROVIDE ADDITIONAL TOOLS FOR EFFICIENT OPERATION

OF MILITARY INSTALLATIONS

Pub. L. 107-107, div. B, title XXVIII, Sec. 2813, Dec. 28, 2001,

115 Stat. 1308, provided that:

''(a) Initiative Authorized. - The Secretary of Defense may carry

out a pilot program (to be known as the 'Pilot Efficient Facilities

Initiative') for purposes of determining the potential for

increasing the efficiency and effectiveness of the operation of

military installations.

''(b) Designation of Participating Military Installations. - (1)

The Secretary of Defense may designate up to two military

installations of each military department for participation in the

Initiative.

''(2) Before designating a military installation under paragraph

(1), the Secretary shall consult with employees at the installation

and communities in the vicinity of the installation regarding the

Initiative.

''(3) The Secretary shall transmit to Congress written

notification of the designation of a military installation to

participate in the Initiative not later than 30 days before taking

any action to carry out the Initiative at the installation. The

notification shall include a description of the steps taken by the

Secretary to comply with paragraph (2).

''(c) Management Plan. - (1) As part of the notification required

under subsection (b), the Secretary of Defense shall submit a

management plan for the Initiative at the military installation

designated in the notification.

''(2) The management plan for a designated military installation

shall include a description of -

''(A) each proposed lease of real or personal property located

at the military installation;

''(B) each proposed disposal of real or personal property

located at the installation;

''(C) each proposed leaseback of real or personal property

leased or disposed of at the installation;

''(D) each proposed conversion of services at the installation

from Federal Government performance to non-Federal Government

performance, including performance by contract with a State or

local government or private entity or performance as

consideration for the lease or disposal of property at the

installation; and

''(E) each other action proposed to be taken to improve mission

effectiveness and reduce the cost of providing quality

installation support at the installation.

''(3) With respect to each proposed action described under

paragraph (2), the management plan shall include -

''(A) an estimate of the savings expected to be achieved as a

result of the action;

''(B) each regulation not required by statute that is proposed

to be waived to implement the action; and

''(C) each statute or regulation required by statute that is

proposed to be waived to implement the action, including -

''(i) an explanation of the reasons for the proposed waiver;

and

''(ii) a description of the action to be taken to protect the

public interests served by the statute or regulation, as the

case may be, in the event of the waiver.

''(4) The management plan shall include measurable criteria for

the evaluation of the effects of the actions taken pursuant to the

Initiative at the designated military installation.

''(d) Waiver of Statutory Requirements. - The Secretary of

Defense may waive any statute, or regulation required by statute,

for purposes of carrying out the Initiative only if specific

authority for the waiver of such statute or regulation is provided

in a law that is enacted after the date of the enactment of this

Act (Dec. 28, 2001).

''(e) Installation Efficiency Initiative Fund. - (1) There is

established on the books of the Treasury a fund to be known as the

'Installation Efficiency Initiative Fund'.

''(2) There shall be deposited in the Fund all cash rents,

payments, reimbursements, proceeds, and other amounts from leases,

sales, or other conveyances or transfers, joint activities, and

other actions taken under the Initiative.

''(3) To the extent provided in advance in authorization Acts and

appropriations Acts, amounts in the Fund shall be available to the

Secretary of Defense for purposes of managing capital assets and

providing support services at military installations participating

in the Initiative. Amounts in the Fund may be used for such

purposes in addition to, or in combination with, other amounts

authorized to be appropriated for such purposes. Amounts in the

Fund shall be available for such purposes for five years.

''(4) Subject to applicable financial management regulations, the

Secretary shall structure the Fund, and provide administrative

policies and procedures, in order to provide proper control of

deposits in and disbursements from the Fund.

''(f) Report. - Not later than December 31, 2004, the Secretary

of Defense shall submit to Congress a report on the Initiative. The

report shall contain a description of the actions taken under the

Initiative and include such other information, including

recommendations, as the Secretary considers appropriate regarding

the Initiative.

''(g) Definitions. - In this section:

''(1) The term 'Initiative' means the Pilot Efficient

Facilities Initiative.

''(2) The term 'Fund' means the Installation Efficiency

Initiative Fund.

''(3) The term 'military installation' has the meaning given

such term in section 2687(e) of title 10, United States Code.

''(h) Termination. - The authority of the Secretary of Defense to

carry out the Initiative shall terminate December 31, 2005.''

STUDY OF ESTABLISHMENT OF LAND MANAGEMENT AND TRAINING CENTER

Pub. L. 103-337, div. A, title III, Sec. 329, Oct. 5, 1994, 108

Stat. 2715, directed Secretary of the Army to submit to Congress

not later than May 1, 1996, a study and report on feasibility and

advisability of establishing a center for land management

activities and land management training activities of Department of

Defense.

-CITE-

10 USC Sec. 2661a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

(Sec. 2661a. Repealed. Pub. L. 97-295, Sec. 1(31)(A), Oct. 12,

1982, 96 Stat. 1296)

-MISC1-

Section, added Pub. L. 97-258, Sec. 2(b)(6)(B), Sept. 13, 1982,

96 Stat. 1054, authorized appropriations for advance design of

military public works not otherwise authorized and for construction

management of foreign government funded projects used primarily by

United States armed forces, and required preliminary reports to

Congress on military public works whose projected advance costs

exceeded a specified level.

The repeal of this section by Pub. L. 97-295 reflected the effect

of section 7(2) and (8) of the Military Construction Codification

Act (Pub. L. 97-214, July 12, 1982, 96 Stat. 173), which repealed

the source statutes of this section (subsec. (a) was based on acts

Sept. 28, 1951, ch. 434, Sec. 504, 65 Stat. 364; July 15, 1955, ch.

368, Sec. 512, 69 Stat. 352; Dec. 23, 1981, Pub. L. 97-99, Sec.

902, 95 Stat. 1381 (31 U.S.C. 723); and subsec. (b) was based on

acts Sept. 12, 1966, Pub. L. 89-568, Sec. 612, 80 Stat. 756; Dec.

27, 1974, Pub. L. 93-552, Sec. 607, 88 Stat. 1763 (31 U.S.C. 723a))

subsequent to Apr. 15, 1982, the cut-off date prescribed by section

4(a) of Pub. L. 97-258, section 2(b)(6)(B) of which enacted this

section.

-CITE-

10 USC Sec. 2662 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2662. Real property transactions: reports to congressional

committees

-STATUTE-

(a) General Notice and Wait Requirements. - The Secretary of a

military department, or his designee, may not enter into any of the

following listed transactions by or for the use of that department

until after the expiration of 30 days from the date upon which a

report of the facts concerning the proposed transaction is

submitted to the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representatives:

(1) An acquisition of fee title to any real property, if the

estimated price is more than $500,000.

(2) A lease of any real property to the United States, if the

estimated annual rental is more than $500,000.

(3) A lease or license of real property owned by the United

States, if the estimated annual fair market rental value of the

property is more than $500,000.

(4) A transfer of real property owned by the United States to

another Federal agency or another military department or to a

State, if the estimated value is more than $500,000.

(5) A report of excess real property owned by the United States

to a disposal agency, if the estimated value is more than

$500,000.

(6) Any termination or modification by either the grantor or

grantee of an existing license or permit of real property owned

by the United States to a military department, under which

substantial investments have been or are proposed to be made in

connection with the use of the property by the military

department.

If a transaction covered by clause (1) or (2) is part of a project,

the report must include a summarization of the general plan for

that project, including an estimate of the total cost of the lands

to be acquired or leases to be made. The report required by this

subsection concerning any report of excess real property described

in clause (5) shall contain a certification by the Secretary

concerned that he has considered the feasibility of exchanging such

property for other real property authorized to be acquired for

military purposes and has determined that the property proposed to

be declared excess is not suitable for such purpose.

(b) Annual Reports on Certain Minor Transactions. - The Secretary

of each military department shall submit annually to the

congressional committees named in subsection (a) a report on

transactions described in subsection (a) that involve an estimated

value of more than the simplified acquisition threshold specified

in section 4(11) of the Office of Federal Procurement Policy Act

(41 U.S.C. 403(11)), but not more than $500,000.

(c) Geographic Scope; Excepted Projects. - This section applies

only to real property in the United States, Puerto Rico, Guam, the

American Virgin Islands, American Samoa, and the Trust Territory of

the Pacific Islands. It does not apply to real property for river

and harbor projects or flood control projects, or to leases of

Government-owned real property for agricultural or grazing purposes

or to any real property acquisition specifically authorized in a

Military Construction Authorization Act.

(d) Statements of Compliance in Transaction Instruments. - A

statement in an instrument of conveyance, including a lease, that

the requirements of this section have been met, or that the

conveyance is not subject to this section, is conclusive.

(e) Notice and Wait Regarding Leases of Space for DoD by GSA. -

No element of the Department of Defense shall occupy any general

purpose space leased for it by the General Services Administration

at an annual rental in excess of $500,000 (excluding the cost of

utilities and other operation and maintenance services), if the

effect of such occupancy is to increase the total amount of such

leased space occupied by all elements of the Department of Defense,

until the expiration of thirty days from the date upon which a

report of the facts concerning the proposed occupancy is submitted

to the congressional committees named in subsection (a).

(f) Reports on Transactions Involving Intelligence Components. -

Whenever a transaction covered by this section is made by or on

behalf of an intelligence component of the Department of Defense or

involves real property used by such a component, any report under

this section with respect to the transaction that is submitted to

the congressional committees named in subsection (a) shall be

submitted concurrently to the Permanent Select Committee on

Intelligence of the House of Representatives and the Select

Committee on Intelligence of the Senate.

(g) Exceptions for Transactions for War and Certain Emergency and

Other Operations. - (1) The reporting requirement set forth in

subsection (a) shall not apply with respect to a real property

transaction otherwise covered by that subsection, and the reporting

requirement set forth in subsection (e) shall not apply with

respect to a real property transaction otherwise covered by that

subsection, if the Secretary concerned determines that the

transaction is made as a result of any of the following:

(A) A declaration of war.

(B) A declaration of a national emergency by the President

pursuant to the National Emergencies Act (50 U.S.C. 1601 et

seq.).

(C) A declaration of an emergency or major disaster pursuant to

the Robert T. Stafford Disaster Relief and Emergency Assistance

Act (42 U.S.C. 5121 et seq.).

(D) The use of the militia or the armed forces after a

proclamation to disperse under section 334 of this title.

(E) A contingency operation.

(2) The reporting requirement set forth in subsection (a) shall

not apply with respect to a real property transaction otherwise

covered by that subsection if the Secretary concerned determines

that -

(A) an event listed in paragraph (1) is imminent; and

(B) the transaction is necessary for purposes of preparation

for such event.

(3) Not later than 30 days after entering into a real property

transaction covered by paragraph (1) or (2), the Secretary

concerned shall submit to the committees named in subsection (a) a

report on the transaction. The report shall set forth any facts or

information which would otherwise have been submitted in a report

on the transaction under subsection (a) or (e), as the case may be,

but for the operation of paragraph (1) or (2).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 147; Pub. L. 86-70, Sec. 6(c),

June 25, 1959, 73 Stat. 142; Pub. L. 86-500, title V, Sec. 511(1),

June 8, 1960, 74 Stat. 186; Pub. L. 86-624, Sec. 4(c), July 12,

1960, 74 Stat. 411; Pub. L. 92-145, title VII, Sec. 707(5), Oct.

27, 1971, 85 Stat. 412; Pub. L. 92-545, title VII, Sec. 709, Oct.

25, 1972, 86 Stat. 1154; Pub. L. 93-552, title VI, Sec. 610, Dec.

27, 1974, 88 Stat. 1765; Pub. L. 94-107, title VI, Sec. 607(5),

(6), Oct. 7, 1975, 89 Stat. 566; Pub. L. 94-431, title VI, Sec.

614, Sept. 30, 1976, 90 Stat. 1367; Pub. L. 96-418, title VIII,

Sec. 805, Oct. 10, 1980, 94 Stat. 1777; Pub. L. 100-456, div. B,

title XXVIII, Sec. 2803, Sept. 29, 1988, 102 Stat. 2115; Pub. L.

101-510, div. A, title XIII, Sec. 1311(6), Nov. 5, 1990, 104 Stat.

1670; Pub. L. 102-496, title IV, Sec. 403(a)(1), (2)(A), Oct. 24,

1992, 106 Stat. 3185; Pub. L. 104-106, div. A, title XV, Sec.

1502(a)(23), div. D, title XLIII, Sec. 4321(b)(21), Feb. 10, 1996,

110 Stat. 505, 673; Pub. L. 105-261, div. B, title XXVIII, Sec.

2811, Oct. 17, 1998, 112 Stat. 2204; Pub. L. 106-65, div. A, title

X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106-398, Sec.

1 (div. B, title XXVIII, Sec. 2811), Oct. 30, 2000, 114 Stat. 1654,

1654A-416.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2662(a) 2662(b) 40:551. 40:552. Sept. 28, 1951, ch.

2662(c) 40:553. 434, Sec. 601-604,

65 Stat. 365, 366.

2662(d) 40:554.

-------------------------------

In subsection (a), the words ''must come to an agreement * * *

before entering into any of the following transactions by or for

the use of that department:'' are substituted for the words ''shall

come into agreement * * * with respect to those real-estate actions

by or for the use of the military departments * * * that are

described in subsection (a)-(e) of this section, and in the manner

therein described''. The last sentence is substituted for the last

sentence of 40:551(a) and 40:551(b).

In subsection (a)(4), the words ''or another military

department'' are substituted for the words ''including transfers

between the military departments''. The words ''under the

jurisdiction of the military departments'' are omitted as

surplusage.

In subsection (b), the words ''more than $5,000 but not more than

$25,000'' are substituted for the words ''between $5,000 and

$25,000''. The words ''shall report'' are substituted for the words

''will, in addition, furnish * * * reports''.

In subsection (c), the words ''the United States, Alaska,

Hawaii'' are substituted for the words ''the continental United

States, the Territory of Alaska, the Territory of Hawaii'', since,

as defined in section 101(1) of this title, ''United States''

includes the States and the District of Columbia; and

''Territories'' includes Alaska and Hawaii.

In subsection (d), the words ''A statement * * * that the

requirements of this section have been met'' are substituted for

the words ''A recital of compliance with this chapter * * * to the

effect that the requirements of this chapter have been complied

with''. The words ''in the alternative'', ''or lease'', and

''evidence thereof'' are omitted as surplusage.

-REFTEXT-

REFERENCES IN TEXT

The National Emergencies Act, referred to in subsec. (g)(1)(B),

is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which

is classified principally to chapter 34 (Sec. 1601 et seq.) of

Title 50, War and National Defense. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 50 and Tables.

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, referred to in subsec. (g)(1)(C), is Pub. L. 93-288, May 22,

1974, 88 Stat. 143, as amended, which is classified principally to

chapter 68 (Sec. 5121 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 5121 of Title 42 and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 (div. B, title

XXVIII, Sec. 2811(a)), substituted ''$500,000'' for ''$200,000''

wherever appearing.

Subsec. (b). Pub. L. 106-398 substituted ''specified in section

4(11) of the Office of Federal Procurement Policy Act (41 U.S.C.

403(11)),'' for ''under section 2304(g) of this title'' and

''$500,000'' for ''$200,000''.

Subsec. (e). Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2811(a)), substituted ''$500,000'' for ''$200,000''.

1999 - Subsec. (a). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security'' in introductory provisions.

1998 - Subsecs. (a) to (f). Pub. L. 105-261, Sec. 2811(b),

inserted subsec. headings.

Subsec. (g). Pub. L. 105-261, Sec. 2811(a), added subsec. (g).

1996 - Subsec. (a). Pub. L. 104-106, Sec. 1502(a)(23)(A),

substituted ''the Committee on Armed Services of the Senate and the

Committee on National Security of the House of Representatives''

for ''the Committees on Armed Services of the Senate and House of

Representatives'' in introductory provisions and struck out ''to be

submitted to the Committees on Armed Services of the Senate and

House of Representatives'' after ''The report required by this

subsection'' in concluding provisions.

Subsec. (b). Pub. L. 104-106, Sec. 4321(b)(21), substituted

''simplified acquisition threshold'' for ''small purchase

threshold''.

Pub. L. 104-106, Sec. 1502(a)(23)(B), substituted ''shall submit

annually to the congressional committees named in subsection (a) a

report'' for ''shall report annually to the Committees on Armed

Services of the Senate and the House of Representatives''.

Subsec. (e). Pub. L. 104-106, Sec. 1502(a)(23)(C), substituted

''the congressional committees named in subsection (a)'' for ''the

Committees on Armed Services of the Senate and the House of

Representatives''.

Subsec. (f). Pub. L. 104-106, Sec. 1502(a)(23)(D), substituted

''the congressional committees named in subsection (a) shall'' for

''the Committees on Armed Services of the Senate and the House of

Representatives shall''.

1992 - Pub. L. 102-496, Sec. 403(a)(2)(A), substituted ''reports

to congressional committees'' for ''Reports to the Armed Services

Committees'' in section catchline.

Subsec. (f). Pub. L. 102-496, Sec. 403(a)(1), added subsec. (f).

1990 - Subsec. (b). Pub. L. 101-510 substituted ''the small

purchase threshold under section 2304(g) of this title'' for

''$5,000''.

1988 - Subsecs. (a), (b), (e). Pub. L. 100-456 substituted

''$200,000'' for ''$100,000'' wherever appearing.

1980 - Subsecs. (a), (b), (e). Pub. L. 96-418 substituted

''$100,000'' for ''$50,000'' wherever appearing.

1976 - Subsec. (a). Pub. L. 94-431 provided that the report on

the excess property owned by the United States contain a

certification by the Secretary concerned that he has considered the

feasibility of exchanging such excess property for property

suitable for military purposes and has determined such excess

property not suitable for exchange.

1975 - Subsec. (b). Pub. L. 94-107, Sec. 607(5), substituted

requirement of annual reports for requirement of quarterly reports.

Subsec. (c). Pub. L. 94-107, Sec. 607(6), inserted provisions

extending the applicability of the section to Guam, the American

Samoa, and the Trust Territory of the Pacific Islands, and, in

provisions relating to the inapplicability of the section, inserted

reference to any real property acquisition specifically authorized

in a Military Construction Authorization Act.

1974 - Subsec. (a)(6). Pub. L. 93-552 added par. (6).

1972 - Subsec. (e). Pub. L. 92-545 added subsec. (e).

1971 - Subsec. (a)(3). Pub. L. 92-145 made the restriction

applicable to a license of real property and substituted

''estimated annual fair market rental value'' for ''estimated

annual rental''.

1960 - Subsec. (a). Pub. L. 86-500 prohibited the Secretary of a

military department, or his designee, from entering into any of the

transactions listed in subsec. (a) until after the expiration of 30

days from the date upon which a report of the facts concerning the

proposed transaction is submitted to the Committees on Armed

Services of the Senate and House of Representatives, and increased

the amounts in pars. (1) to (5) from $25,000 to $50,000.

Subsec. (b). Pub. L. 86-500 substituted ''$50,000'' for

''$25,000''.

Subsec. (c). Pub. L. 86-624 and Pub. L. 86-500 struck out

reference to Hawaii.

Subsec. (d). Pub. L. 86-500 reenacted subsection without change.

1959 - Subsec. (c). Pub. L. 86-70 struck out reference to Alaska.

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by section

4321(b)(21) of Pub. L. 104-106, see section 4401 of Pub. L.

104-106, set out as a note under section 251 of Title 41, Public

Contracts.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 effective Oct. 1, 1988, see section

2702 of Pub. L. 100-456, set out as a note under section 2391 of

this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC5-

REDUCTION OR REALIGNMENT OF TRAINING BASES

Pub. L. 95-485, title VI, Sec. 602, Oct. 20, 1978, 92 Stat. 1617,

prohibited any action to implement any substantial reduction or

force structure realignment of the composite of installations,

posts, camps, stations, and bases that had as a primary or

secondary mission the conduct of formal entry level, advanced

individual, or specialty training as a part of the fiscal year 1979

Defense manpower program unless certain criteria were complied

with.

CLOSING OF FACILITIES; CLOSURES OR REALIGNMENTS PUBLICLY ANNOUNCED

AFTER SEPTEMBER 30, 1977

Pub. L. 95-82, title VI, Sec. 612(c), Aug. 1, 1977, 91 Stat. 380,

provided that: ''Section 611 of the Military Construction

Authorization Act, 1966 (Public Law 89-188; 10 U.S.C. 2662 note),

and section 612 of the Military Construction Authorization Act,

1977 (Public Law 94-431; 90 Stat. 1366) (which was not classified

to the Code), shall be inapplicable in the case of any closure of a

military installation, and any realignment with respect to a

military installation, which is first publicly announced after

September 30, 1977.''

CLOSING OF FACILITIES; REPORTS TO CONGRESS

Pub. L. 89-188, title VI, Sec. 611, Sept. 16, 1965, 79 Stat. 818,

as amended by Pub. L. 89-568, title VI, Sec. 613, Sept. 12, 1966,

80 Stat. 757, required a report to Congress and a waiting period in

connection with the closing of Defense Department facilities, prior

to repeal by Pub. L. 97-214, Sec. 7(7), July 12, 1982, 96 Stat.

173, eff. Oct. 1, 1982.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2667 of this title; title

42 section 3374.

-CITE-

10 USC Sec. 2663 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2663. Acquisition

-STATUTE-

(a) The Secretary of a military department may have proceedings

brought in the name of the United States, in a court of proper

jurisdiction, to acquire by condemnation any interest in land,

including temporary use, needed for -

(1) the site, construction, or operation of fortifications,

coast defenses, or military training camps;

(2) the construction and operation of plants for the production

of nitrate and other compounds, and the manufacture of explosives

or other munitions of war; or

(3) the development and transmission of power for the operation

of plants under clause (2).

(b) In time of war or when war is imminent, the United States

may, immediately upon the filing of a petition for condemnation

under subsection (a), take and use the land to the extent of the

interest sought to be acquired.

(c) The Secretary of the military department concerned may

contract for or buy any interest in land, including temporary use,

needed for any purpose named in subsection (a), as soon as the

owner fixes a price for it and the Secretary considers that price

to be reasonable.

(d) The Secretary of the military department concerned may accept

for the United States a gift of any interest in land, including

temporary use, for any purpose named in subsection (a).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 147; Pub. L. 85-861, Sec.

33(a)(14), Sept. 2, 1958, 72 Stat. 1565.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2663(a) 2663(b) 50:171 (less July 2, 1917, ch.

2663(c) provisos). 50:171 35; restated Apr.

(last proviso). 11, 1918, ch. 51,

50:171 (1st 40 Stat. 518.

proviso).

2663(d) 50:171 (2d proviso). Oct. 25, 1951, ch.

(50:171 is made 563, Sec. 101 (less

applicable to the 22d through 43d

Navy by 50:171-1 words), 65 Stat.

(less 16th through 641.

21st words)).

-------------------------------

In subsection (a), the words ''brought * * * in a court of proper

jurisdiction'' are substituted for the words ''instituted * * * in

any court having jurisdiction of such proceedings''. The words

''any interest in land, including temporary use'' are substituted

for the words ''any land, temporary use thereof or other interest

therein, or right pertaining thereto''. The words ''relating to

suits for the condemnation of property'' are omitted as

surplusage. The last sentence is substituted for 50:171 (words

between semicolon and first proviso). The Act of July 2, 1917, ch.

35, as restated by the Act of April 11, 1918, ch. 51 (last 77

words), are not contained in 50:171. They are also omitted from the

revised section as executed.

In subsection (a)(1), the word ''location'' is omitted as

surplusage. The words ''operation of'' are substituted for the

words ''prosecution of works for''.

In subsection (b), the words ''That when such property is

acquired'' are omitted as surplusage. The words ''under subsection

(a)'' are substituted for the words ''of any land, temporary use

thereof or other use therein or right pertaining thereto to be

acquired for any of the purposes aforesaid''. The words ''take and

use'' are substituted for the words ''possession thereof may be

taken * * * and used for military purposes''.

In subsection (c), the words ''as soon as the owner fixes a price

for it'' are substituted for the words ''That when the owner of

such land, interest, or rights pertaining thereto shall fix a price

for the same''. The word ''considers'' is substituted for the

words ''which in the opinion''. The words ''contract for or buy''

are substituted for the words ''purchase or enter into a

contract''. The words ''without further delay'' are omitted as

surplusage.

In subsection (d), the words ''a gift of any interest in land * *

* for any purpose named in subsection (a)'' are substituted for

50:171 (last 15 words of 2d proviso).

1958 ACT

The deletion of the last sentence of section 2663(a) and the last

sentence of section 2664(a) reflects their implied repeal by Rule

71A of the Rules of Civil Procedure for the United States District

Courts (see 28 U.S.C. 2072). (See letter from Assistant Attorney

General (Lands Division), Department of Justice, August 1957, to

General Counsel, Department of Defense.) The other changes conform

section 2664 to section 2663, both of which were based on the same

source statute (sec. 8 of the Act of July 9, 1918, ch. 143, subch.

XV, 40 Stat. 888) and both of which include the temporary use of

the kinds of property respectively covered.

AMENDMENTS

1958 - Subsec. (a). Pub. L. 85-861 struck out provisions

requiring proceedings under this subsection to be in accordance

with the law of the State in which the suit is brought.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section

33(g) of Pub. L. 85-861, set out as a note under section 101 of

this title.

-CROSS-

FEDERAL RULES OF CIVIL PROCEDURE

Procedure in condemnation proceedings, see rule 71A, Title 28,

Appendix, Judiciary and Judicial Procedure.

-CITE-

10 USC Sec. 2664 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2664. Acquisition of property for lumber production

-STATUTE-

(a) The Secretary of a military department, the Secretary of

Transportation, or any one or more of them, may have proceedings

brought in the name of the United States to acquire by condemnation

any interest in property named in subsection (b), including

temporary use, and needed for -

(1) the production of aircraft, vessels, dry docks, or

equipment for them;

(2) the procurement of supplies for aircraft, vessels, and dry

docks; or

(3) housing for persons employed by the United States in

connection with functions of the Army, Navy, Air Force, or Marine

Corps, or the functions transferred to the Secretary of

Transportation under section 3 of the Maritime Act of 1981 (46

U.S.C. App. 1602).

(b) The kinds of property that may be acquired by condemnation

under subsection (a) are -

(1) standing or fallen timber;

(2) sawmills;

(3) camps;

(4) machinery;

(5) logging roads;

(6) rights-of-way;

(7) supplies; and

(8) works, property, or appliances suitable for the production

of lumber and timber products.

(c) Jurisdiction over condemnation proceedings under this section

is vested in the United States District Court for the district in

which the property, or any part of it, sought to be condemned is

located, regardless of its value.

(d) In time of war or when war is imminent, the United States

may, immediately upon the filing of a petition for condemnation

under subsection (a), take and use the property to the extent of

the interest sought to be acquired.

(e) A person named in subsection (a) may contract for or buy any

interest in property named in subsection (b), including temporary

use, needed for any purpose named in subsection (a), as soon as the

owner fixes a price for it and that person considers that price to

be reasonable.

(f) A person named in subsection (a) may accept for the United

States a gift of any property named in subsection (b), including

temporary use, for any purpose named in subsection (a).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 148; Pub. L. 85-861, Sec.

33(a)(15), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 96-513, title V,

Sec. 511(90), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 97-31, Sec.

12(3)(A), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97-295, Sec. 1(32),

Oct. 12, 1982, 96 Stat. 1296; Pub. L. 100-26, Sec. 7(d)(6), Apr.

21, 1987, 101 Stat. 281.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2664(a) 50:172 (1st par., July 9, 1918, ch.

less 26th through 143, subch. XV,

56th words of 1st Sec. 8 (2d par.),

sentence; and less 40 Stat. 888.

last sentence).

2664(b) 50:172 (26th through

56th words of 1st

sentence of 1st

par.).

2664(c) 50:172 (last

sentence of 1st

par.).

2664(d) (No source).

2664(e) (No source).

2664(f) (No source).

-------------------------------

In subsection (a), the introductory clause is substituted for

50:172 (1st 25 words, and 2d sentence). The words ''Secretary of

Commerce'' and ''Chairman of the Federal Maritime Board'' are

substituted for the words ''Chairman of the United States Maritime

Commission'' and the words ''functions transferred to the Secretary

of Commerce or the Federal Maritime Board by 1950 Reorganization

Plan No. 21, effective May 24, 1950, 64 Stat. 1273'' are

substituted for the words ''(functions of) the United States

Maritime Commission'', since the functions of the Chairman of the

United States Maritime Commission and of the United States Maritime

Commission were transferred to the Secretary of Commerce and the

Federal Maritime Board by that Reorganization Plan. The words ''or

any one or more of them'' are substituted for the words

''individually or collectively'', to make it clear that any number

of them may act and not necessarily one or all of them. The words

''equipment for them'' are substituted for the words ''their

apparel or furniture''. The words ''manufacture, or building'' are

omitted as covered by the word ''production''. 50:172 (1st 18 words

of 3d sentence) is omitted as surplusage.

In subsection (a)(2), the word ''supplies'' is substituted for

the words ''materials and equipment'', since the word ''supplies''

is defined in section 101(26) of this title to include material and

equipment.

The last sentence of subsection (a) is based on the 27 words

preceding the first proviso of 50:171, which is the source for

section 2663(a) (last sentence) of this title, and which was

incorporated into 50:172 by the cross reference in the first

sentence thereof.

In subsection (b), the introductory clause is inserted for

clarity. The words ''equipment, materials'' are omitted as covered

by the word ''supplies'', since the word ''supplies'' is defined in

section 101(26) of this title to include material and equipment.

In subsection (c), the words ''United States District Court for

the district in which'' are substituted for the words ''district

courts of the United States, where'' to conform to section 132 of

title 28.

Subsections (d)-(f) are based on the provisos of 50:171, which

are the source for section 2663(b)-(d) of this title, and which

were incorporated into 50:172 by the cross reference in the first

sentence thereof.

1958 ACT

The deletion of the last sentence of section 2663(a) and the last

sentence of section 2664(a) reflects their implied repeal by Rule

71A of the Rules of Civil Procedure for the United States District

Courts (see 28 U.S.C. 2072). (See letter from Assistant Attorney

General (Lands Division), Department of Justice, August 1957, to

General Counsel, Department of Defense.) The other changes conform

section 2664 to section 2663, both of which were based on the same

source statute (sec. 8 of the Act of July 9, 1918, ch. 143, subch.

XV, 40 Stat. 888) and both of which include the temporary use of

the kinds of property respectively covered.

1982 ACT

This corrects an error in an amendment to 10:2664(a) made by

section 12(3)(A) of the Maritime Act of 1981 (Pub. L. 97-31, Aug.

6, 1981, 95 Stat. 153).

AMENDMENTS

1987 - Subsec. (a)(3). Pub. L. 100-26 inserted ''App.'' after

''46 U.S.C.''.

1982 - Subsec. (a). Pub. L. 97-295 substituted ''military

department, the Secretary of Transportation, or any'' for

''military department'' and all that followed through ''or any'' in

text preceding par. (1), substituted ''transferred to the Secretary

of Transportation'' for ''transferred to the'' and all that

followed in par. (3), clarifying the ambiguity created by the

conflicting language of Pub. L. 96-513 and Pub. L. 97-31, and

inserted reference to section 3 of the Maritime Act of 1981 (46

U.S.C. 1602).

1981 - Subsec. (a). Pub. L. 97-31, in introductory text and par.

(3), substituted references to Secretary of Transportation for

references to Secretary of Commerce and Maritime Commission.

Amendment was executed to text in accordance with the probable

intent of Congress, notwithstanding amendment of section by Pub. L.

96-513 which substituted different language than language contained

in amendatory provisions of Pub. L. 97-31.

1980 - Subsec. (a). Pub. L. 96-513 substituted ''Federal Maritime

Commission'' for ''Federal Maritime Board'' in two places, and

substituted ''under Reorganization Plan No. 7 of 1961, effective

August 12, 1961 (75 Stat. 840)'' for ''by 1950 Reorganization Plan

No. 21, effective May 24, 1950 (64 Stat. 1273)''.

1958 - Subsec. (a). Pub. L. 85-861, Sec. 33(a)(15)(A), (B),

inserted '', including temporary use,'' after ''subsection (b)'',

and struck out provisions requiring all proceedings under this

subsection to be in accordance with the laws of the State in which

the suit is brought.

Subsec. (e). Pub. L. 85-861, Sec. 33(a)(15)(C), inserted ''named

in subsection (b), including temporary use,'' after ''property''.

Subsec. (f). Pub. L. 85-861, Sec. 33(a)(15)(B), inserted '',

including temporary use,'' after ''subsection (b)''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section

33(g) of Pub. L. 85-861, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2665 of this title.

-CITE-

10 USC Sec. 2665 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2665. Sale of certain interests in land; logs

-STATUTE-

(a) The President, through an executive department, may sell to

any person or foreign government any interest in land that is

acquired under section 2664 of this title for the production of

lumber or timber products, except land under the control of the

Department of the Army or the Department of the Air Force.

(b) The President, through an executive department, may sell to

any person or foreign government any forest products produced on

land owned or leased by a military department or the Department in

which the Coast Guard is operating.

(c) Sales under subsection (a) or (b) shall be at prices

determined by the President acting through the selling agency.

(d) Appropriations of the Department of Defense may be reimbursed

for all costs of production of forest products pursuant to this

section from amounts received as proceeds from the sale of any such

property.

(e)(1) Each State in which is located a military installation or

facility from which forest products are sold in a fiscal year is

entitled at the end of such year to an amount equal to 40 percent

of (A) the amount received by the United States during such year as

proceeds from the sale of forest products produced on such

installation or facility, less (B) the amount of reimbursement of

appropriations of the Department of Defense under subsection (d)

during such year attributable to such installation or facility.

(2) The amount paid to a State pursuant to paragraph (1) shall be

expended as the State legislature may prescribe for the benefit of

the public schools and public roads of the county or counties in

which the military installation or facility is situated.

(3) In a case in which a military installation or facility is

located in more than one State or county, the amount paid pursuant

to paragraph (1) shall be distributed in a manner proportional to

the area of such installation or facility in each State or county.

(f)(1) There is in the Treasury a reserve account administered by

the Secretary of Defense for the purposes of this section.

Balances in the account may be used for costs of the military

departments -

(A) for improvements of forest lands;

(B) for unanticipated contingencies in the administration of

forest lands and the production of forest products for which

other sources of funds are not available in a timely manner; and

(C) for natural resources management that implements approved

plans and agreements.

(2) There shall be deposited into the reserve account the total

amount received by the United States as proceeds from the sale of

forest products sold under subsections (a) and (b) less -

(A) reimbursements of appropriations made under subsection (d),

and

(B) payments made to States under subsection (e).

(3) The reserve account may not exceed $4,000,000 on December 31

of any calendar year. Unobligated balances exceeding $4,000,000 on

that date shall be deposited into the United States Treasury.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 149; Pub. L. 95-82, title VI,

Sec. 610, Aug. 1, 1977, 91 Stat. 378; Pub. L. 96-513, title V, Sec.

511(91), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 97-31, Sec.

12(3)(B), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97-99, title IX, Sec.

910(a), Dec. 23, 1981, 95 Stat. 1386; Pub. L. 97-295, Sec. 1(33),

Oct. 12, 1982, 96 Stat. 1296; Pub. L. 98-407, title VIII, Sec.

809(a), Aug. 28, 1984, 98 Stat. 1522; Pub. L. 99-561, Sec. 4, Oct.

27, 1986, 100 Stat. 3151; Pub. L. 107-296, title XVII, Sec.

1704(b)(4), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2665(a) 50:172 (last par., July 9, 1918, ch.

less 36th through 143, subch. XV,

64th, and 73d Sec. 8 (last par.),

through 109th, 40 Stat. 888.

words).

2665(b) 50:172 (36th through

64th words of last

par.).

2665(c) 50:172 (73d through

90th words of last

par.).

2665(d) 50:172 (91st through

109th words of last

par.).

-------------------------------

In subsection (a), the words ''an executive department or the

Federal Maritime Board'' are substituted for the words ''any

department or the United States Maritime Commission'' to reflect an

opinion of the Judge Advocate General of the Army (JAGA 1954/1723)

and to name the successor of the United States Maritime Commission.

The last 18 words are inserted to reflect that opinion (see the Act

of February 20, 1931 (10 U.S.C. 1354)). The words ''and dispose

of'' are omitted as surplusage.

In subsection (b), the words ''an executive department or the

Federal Maritime Board'' are inserted for clarity and to name the

successor of the United States Maritime Commission.

In subsections (a) and (b), the word ''person'' is substituted

for the words ''individuals, corporations,'' since section 1 of

title 1 defines the word ''person'' to cover both individuals and

corporations. The words ''States or'' are omitted as surplusage.

In subsection (c), the words ''the selling agency'' are

substituted for the words ''his above representatives selling or

disposing of the same''.

1982 ACT

This corrects an error in an amendment to 10:2665 made by section

12(3)(B) of the Maritime Act of 1981 (Pub. L. 97-31, Aug. 6, 1981,

95 Stat. 153).

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-296 substituted ''Department in

which the Coast Guard is operating'' for ''Department of

Transportation''.

1986 - Subsec. (d). Pub. L. 99-561, Sec. 4(1), struck out

''available for operation and maintenance during a fiscal year''

after ''Defense'', substituted ''costs'' for ''expenses'', and

struck out ''during such fiscal year'' after ''such property''.

Subsec. (e)(1). Pub. L. 99-561, Sec. 4(2), struck out ''for all

expenses of production of forest products'' after ''subsection

(d)''.

Subsec. (f)(1). Pub. L. 99-561, Sec. 4(3)(A), (B), substituted

''costs'' for ''expenses'' in provisions preceding subpar. (A) and

amended subpar. (C) generally. Prior to amendment, subpar. (C)

read as follows: ''for expenses to enable operations of forest

lands and the production of forest products to continue from the

end of one fiscal year through the beginning of the next fiscal

year without disruption.''

Subsec. (f)(2), (3). Pub. L. 99-561, Sec. 4(3)(C), amended pars.

(2) and (3) generally. Prior to amendment, pars. (2) and (3) read

as follows:

''(2) Subject to paragraph (3), there shall be deposited into the

reserve account not later than December 31 of each year, for credit

to the preceding fiscal year, an amount equal to one-half of the

amount (if any) remaining of the total amount received by the

United States during that fiscal year as proceeds from the sale of

forest products after (A) the reimbursement of appropriations of

the Department of Defense under subsection (d) for expenses of

production of forest products during that fiscal year, and (B) the

payment to States under subsection (e) for that fiscal year.

''(3) The balance in the reserve account may not exceed

$4,000,000. If a deposit under paragraph (2) would cause the

balance in the account to exceed that amount, the deposit shall be

made only to the extent the amount of the deposit would not cause

the balance in the account to exceed $4,000,000.''

1984 - Subsec. (b). Pub. L. 98-407, Sec. 809(a)(1), substituted

''forest products produced on land owned or leased by a military

department or the'' for ''logs wholly or partly manufactured by, or

otherwise procured for, the Army, Navy, or Air Force, or''.

Subsec. (d). Pub. L. 98-407, Sec. 809(a)(2), substituted ''forest

products'' for ''lumber and timber products''.

Subsec. (e)(1). Pub. L. 98-407, Sec. 809(a)(3), substituted

''forest products'' for ''timber and timber products'' in two

places and ''40 percent'' for ''25 percent''.

Subsec. (f). Pub. L. 98-407, Sec. 809(a)(4), added subsec. (f).

1982 - Subsecs. (a), (b). Pub. L. 97-295 substituted ''executive

department, may sell'' for ''executive department'' and all that

followed through ''may sell'' in subsecs. (a) and (b), and

substituted ''Air Force, or Department of Transportation.'' for

''Air Force'' and all that followed in subsec. (b), clarifying the

ambiguity created by the conflicting language of Pub. L. 96-513 and

Pub. L. 97-31.

1981 - Subsecs. (a), (b). Pub. L. 97-31 struck out reference to

Federal Maritime Commission in subsec. (a), and substituted ''or

Department of Transportation'' for ''or Federal Maritime

Commission'' and struck out ''or the Federal Maritime Commission''

after ''department'' in subsec. (b). Amendment was executed to text

in accordance with the probable intent of Congress, notwithstanding

amendment of section by Pub. L. 96-513 which substituted different

language than language contained in amendatory provisions of Pub.

L. 97-31.

Subsec. (e). Pub. L. 97-99 added subsec. (e).

1980 - Subsecs. (a), (b). Pub. L. 96-513 substituted ''Federal

Maritime Commission'' for ''Federal Maritime Board''.

1977 - Subsec. (d). Pub. L. 95-82 substituted provisions relating

to reimbursement of production expenses during any fiscal year from

proceeds from sales for property during such fiscal year, for

provisions requiring proceeds from sales under subsecs. (a) or (b)

of this section to be credited to the appropriations under which

the property concerned was procured.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 809(b) of Pub. L. 98-407 provided that:

''(b)(1) Except as provided in paragraph (2), the amendments made

by subsection (a) (amending this section) shall take effect on

October 1, 1984.

''(2) The amendment made by subsection (a)(2)(B) (probably should

be '(a)(3)(B)', which amended subsec. (e)(1) of this section) shall

apply with respect to payments to States for fiscal years beginning

after September 30, 1984.''

EFFECTIVE DATE OF 1981 AMENDMENT

Section 910(b) of Pub. L. 97-99 provided that: ''Subsection (e)

of section 2665 of title 10, United States Code, as added by

subsection (a), shall apply with respect to timber and timber

products sold after September 30, 1981.''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 670a.

-CITE-

10 USC Sec. 2666 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2666. Acquisition: land purchase contracts; limitation on

commission

-STATUTE-

The maximum amount payable as commission on a contract for the

purchase of land from funds appropriated for the Department of

Defense is 2 percent of the purchase price.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 149.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2666 5:174b. Aug. 1, 1953, ch.

305, Sec. 606, 67

Stat. 350.

-------------------------------

-CITE-

10 USC Sec. 2667 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2667. Leases: non-excess property of military departments

-STATUTE-

(a) Whenever the Secretary of a military department considers it

advantageous to the United States, he may lease to such lessee and

upon such terms as he considers will promote the national defense

or be in the public interest, real or personal property that is -

(1) under the control of that department; and

(2) not excess property, as defined by section 102 of title 40.

(b) A lease under subsection (a) -

(1) may not be for more than five years, unless the Secretary

concerned determines that a lease for a longer period will

promote the national defense or be in the public interest;

(2) may give the lessee the first right to buy the property if

the lease is revoked to allow the United States to sell the

property under any other provision of law;

(3) shall permit the Secretary to revoke the lease at any time,

unless he determines that the omission of such a provision will

promote the national defense or be in the public interest;

(4) shall provide for the payment (in cash or in kind) by the

lessee of consideration in an amount that is not less than the

fair market value of the lease interest, as determined by the

Secretary; and

(5) may provide, notwithstanding section 1302 of title 40, or

any other provision of law, for the alteration, repair, or

improvement, by the lessee, of the property leased as the payment

of part or all of the consideration for the lease.

(c)(1) In addition to any in-kind consideration accepted under

subsection (b)(5), in-kind consideration accepted with respect to a

lease under this section may include the following:

(A) Maintenance, protection, alteration, repair, improvement,

or restoration (including environmental restoration) of property

or facilities under the control of the Secretary concerned.

(B) Construction of new facilities for the Secretary concerned.

(C) Provision of facilities for use by the Secretary concerned.

(D) Facilities operation support for the Secretary concerned.

(E) Provision of such other services relating to activities

that will occur on the leased property as the Secretary concerned

considers appropriate.

(2) In-kind consideration under paragraph (1) may be accepted at

any property or facilities under the control of the Secretary

concerned that are selected for that purpose by the Secretary

concerned.

(3) Sections 2662 and 2802 of this title shall not apply to any

new facilities whose construction is accepted as in-kind

consideration under this subsection.

(4) In the case of a lease for which all or part of the

consideration proposed to be accepted by the Secretary concerned

under this subsection is in-kind consideration with a value in

excess of $500,000, the Secretary concerned may not enter into the

lease until 30 days after the date on which a report on the facts

of the lease is submitted to the congressional defense committees.

(d)(1)(A) The Secretary of a military department shall deposit in

a special account in the Treasury established for such military

department the following:

(i) All money rentals received pursuant to leases entered into

by that Secretary under this section.

(ii) All proceeds received pursuant to the granting of

easements by that Secretary under sections 2668 and 2669 of this

title.

(iii) All proceeds received by that Secretary from authorizing

the temporary use of other property under the control of that

military department.

(B) Subparagraph (A) does not apply to the following proceeds:

(i) Amounts paid for utilities and services furnished lessees

by the Secretary of a military department pursuant to leases

entered into under this section.

(ii) Money rentals referred to in paragraph (4) or (5).

(C) Subject to subparagraphs (D) and (E), the proceeds deposited

in the special account of a military department pursuant to

subparagraph (A) shall be available to the Secretary of that

military department, in such amounts as provided in appropriation

Acts, for the following:

(i) Maintenance, protection, alteration, repair, improvement,

or restoration (including environmental restoration) of property

or facilities.

(ii) Construction or acquisition of new facilities.

(iii) Lease of facilities.

(iv) Facilities operation support.

(D) At least 50 percent of the proceeds deposited in the special

account of a military department under subparagraph (A) shall be

available for activities described in subparagraph (C) only at the

military installation where the proceeds were derived.

(E) The Secretary concerned may not expend under subparagraph (C)

an amount in excess of $500,000 at a single installation until 30

days after the date on which a report on the facts of the proposed

expenditure is submitted to the congressional defense committees.

(2) Payments for utilities and services furnished lessees

pursuant to leases entered into under this section shall be

credited to the appropriation account or working capital fund from

which the cost of furnishing the utilities and services was paid.

((3) Repealed. Pub. L. 107-314, div. A, title X, Sec.

1041(a)(18), Dec. 2, 2002, 116 Stat. 2645.)

(4) Money rentals received by the United States directly from a

lease under this section for agricultural or grazing purposes of

lands under the control of the Secretary of a military department

(other than lands acquired by the United States for flood control

or navigation purposes or any related purpose, including the

development of hydroelectric power) may be retained and spent by

the Secretary concerned in such amounts as the Secretary considers

necessary to cover the administrative expenses of leasing for such

purposes and to cover the financing of multiple-land use management

programs at any installation under the jurisdiction of the

Secretary.

(5) Money rentals received by the United States from a lease

under subsection (f) shall be deposited into the account

established under section 2906(a) of the Defense Base Closure and

Realignment Act of 1990 (part A of title XXIX of Public Law

101-510; 10 U.S.C. 2687 note).

(e) The interest of a lessee of property leased under this

section may be taxed by State or local governments. A lease under

this section shall provide that, if and to the extent that the

leased property is later made taxable by State or local governments

under an Act of Congress, the lease shall be renegotiated.

(f)(1) Notwithstanding subsection (a)(3) (FOOTNOTE 1) or subtitle

I of title 40 and title III of the Federal Property and

Administrative Services Act of 1949 (to the extent subtitle I and

title III are inconsistent with this subsection), pending the final

disposition of real property and personal property located at a

military installation to be closed or realigned under a base

closure law, the Secretary of the military department concerned may

lease the property to any individual or entity under this

subsection if the Secretary determines that such a lease would

facilitate State or local economic adjustment efforts.

(FOOTNOTE 1) See References in Text note below.

(2) Notwithstanding subsection (b)(4), the Secretary concerned

may accept consideration in an amount that is less than the fair

market value of the lease interest if the Secretary concerned

determines that -

(A) a public interest will be served as a result of the lease;

and

(B) the fair market value of the lease is (i) unobtainable, or

(ii) not compatible with such public benefit.

(3) Before entering into any lease under this subsection, the

Secretary shall consult with the Administrator of the Environmental

Protection Agency in order to determine whether the environmental

condition of the property proposed for leasing is such that the

lease of the property is advisable. The Secretary and the

Administrator shall enter into a memorandum of understanding

setting forth procedures for carrying out the determinations under

this paragraph.

(4)(A) Notwithstanding the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.), the scope of any environmental

impact analysis necessary to support an interim lease of property

under this subsection shall be limited to the environmental

consequences of activities authorized under the proposed lease and

the cumulative impacts of other past, present, and reasonably

foreseeable future actions during the period of the proposed lease.

(B) Interim leases entered into under this subsection shall be

deemed not to prejudice the final disposal decision with respect to

the property, even if final disposal of the property is delayed

until completion of the term of the interim lease. An interim

lease under this subsection shall not be entered into without prior

consultation with the redevelopment authority concerned.

(C) Subparagraphs (A) and (B) shall not apply to an interim lease

under this subsection if authorized activities under the lease

would -

(i) significantly affect the quality of the human environment;

or

(ii) irreversibly alter the environment in a way that would

preclude any reasonable disposal alternative of the property

concerned.

(g)(1) If a proposed lease under subsection (a) involves only

personal property, the lease term exceeds one year, and the fair

market value of the lease interest exceeds $100,000, as determined

by the Secretary concerned, the Secretary shall use competitive

procedures to select the lessee.

(2) Not later than 45 days before entering into a lease described

in paragraph (1), the Secretary concerned shall submit to Congress

written notice describing the terms of the proposed lease and the

competitive procedures used to select the lessee.

(3) Paragraph (1) does not apply to a renewal or extension of a

lease by the Secretary of the Navy with a selected institution for

operation of a ship within the University National Oceanographic

Laboratory System if, under the lease, each of the following

applies:

(A) Use of the ship is restricted to federally supported

research programs and to non-Federal uses under specific

conditions with approval by the Secretary of the Navy.

(B) Because of the anticipated value to the Navy of the

oceanographic research and training that will result from the

ship's operation, no monetary lease payments are required from

the lessee under the initial lease or under any renewal or

extension.

(C) The lessee is required to maintain the ship in a good state

of repair, readiness, and efficient operating condition, conform

to all applicable regulatory requirements, and assume full

responsibility for the safety of the ship, its crew, and

scientific personnel aboard.

(h) In this section:

(1) The term ''congressional defense committees'' means:

(A) The Committee on Armed Services and the Committee on

Appropriations of the Senate.

(B) The Committee on Armed Services and the Committee on

Appropriations of the House of Representatives.

(2) The term ''base closure law'' means the following:

(A) Section 2687 of this title.

(B) 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).

(C) Title II of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687

note).

(3) The term ''military installation'' has the meaning given

such term in section 2687(e)(1) of this title.

(i) This section does not apply to oil, mineral, or phosphate

lands.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 150; Pub. L. 94-107, title VI,

Sec. 607(7), Oct. 7, 1975, 89 Stat. 566; Pub. L. 94-412, title V,

Sec. 501(b), Sept. 14, 1976, 90 Stat. 1258; Pub. L. 96-513, title

V, Sec. 511(92), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 97-295, Sec.

1(34), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 97-321, title VIII,

Sec. 803, Oct. 15, 1982, 96 Stat. 1572; Pub. L. 101-510, div. B,

title XXVIII, Sec. 2806, Nov. 5, 1990, 104 Stat. 1787; Pub. L.

102-190, div. B, title XXVIII, Sec. 2862, Dec. 5, 1991, 105 Stat.

1559; Pub. L. 102-484, div. B, title XXVIII, Sec. 2851, Oct. 23,

1992, 106 Stat. 2625; Pub. L. 103-160, div. B, title XXIX, Sec.

2906, Nov. 30, 1993, 107 Stat. 1920; Pub. L. 104-106, div. A,

title XV, Sec. 1502(a)(1), div. B, title XXVIII, Sec. 2831(a),

2832, 2833, Feb. 10, 1996, 110 Stat. 502, 558, 559; Pub. L. 105-85,

div. A, title III, Sec. 361(b)(2), title X, Sec. 1061(a)-(c)(1),

Nov. 18, 1997, 111 Stat. 1701, 1891; Pub. L. 105-261, div. B,

title XXVIII, Sec. 2821, Oct. 17, 1998, 112 Stat. 2208; Pub. L.

106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat.

774; Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2812(a)-(e)), Oct. 30, 2000, 114 Stat. 1654, 1654A-416 to

1654A-418; Pub. L. 107-107, div. A, title X, Sec. 1013, Dec. 28,

2001, 115 Stat. 1212; Pub. L. 107-217, Sec. 3(b)(12), Aug. 21,

2002, 116 Stat. 1296; Pub. L. 107-314, div. A, title X, Sec.

1041(a)(18), Dec. 2, 2002, 116 Stat. 2645.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2667(a) 2667(b) 5:626s-3 (1st Aug. 5, 1947, ch.

sentence). 10:1270 493, Sec. 1, 6, 61

(1st sentence). Stat. 774, 775;

34:522a (1st Sept. 28, 1951, ch.

sentence). 5:626s-3 434. Sec. 605 (as

(2d through 6th applicable to Act

sentences). 10:1270 of Aug. 5, 1947,

(2d through 6th ch. 493, Sec. 1),

sentences). 65 Stat. 366.

34:522a (2d through

6th sentences).

2667(c) 5:626s-3 (last

sentence).

10:1270 (last

sentence).

34:522a (last

sentence).

2667(d) 5:626s-3 (less 1st 6

sentences).

10:1270 (less 1st 6

sentences).

34:522a (less 1st 6

sentences).

2667(e) 5:626s-6. 10:1270d.

34:522e.

-------------------------------

In subsection (a), the words ''considers * * * United States''

are substituted for the words ''shall deem * * * Government''. The

words ''and conditions'' are omitted as surplusage. The words ''he

considers'' are substituted for the words ''in his judgment''.

In subsection (a)(3), the words ''excess property, as defined by

section 472 of title 40'' are substituted for the words ''surplus

to the needs of the Department within the meaning of the Surplus

Property Act of 1944 (Act of October 3, 1944 (58 Stat. 765))'', in

5:626s-3, 10:1270, and 34:522a, since the words ''excess property''

are so defined by the Federal Property and Administrative Services

Act of 1949.

In subsection (b)(2), the words ''may give'' are substituted for

the first 12 words of the third sentence of 5:626s-3, 10:1270, and

34:522a. The words ''if the lease is revoked to allow the United

States to sell the property'' are substituted for the words ''in

the event of the revocation of the lease in order to permit sale

thereof by the Government''. The words ''under any other provision

of law'' are inserted for clarity. The words ''the first right to

buy'' are substituted for the words ''a right of first refusal''.

The words ''but this section shall not be construed as authorizing

the sale of any property unless the sale thereof is otherwise

authorized by law'' are omitted as surplusage, since the revised

section deals only with leases of property.

In subsection (b)(3), the words ''must permit'' are substituted

for the words ''Each such lease shall contain a provision

permitting''. The words ''from the lease'' are omitted as

surplusage.

In subsection (b)(5), the words ''any such lease'' and ''of such

property'' are omitted as surplusage.

In subsection (c), the words ''This section does'' are

substituted for the words ''The authority herein granted shall''.

In subsection (e), the words ''of property'' are inserted for

clarity. The words ''leased under'' are substituted for the words

''made or created pursuant to''. The words ''may be taxed by State

or local governments'' are substituted for the words ''shall be

made subject to State or local taxation''. The last sentence is

substituted for the last sentence of 5:626s-6, 10:1270d, and

34:522e.

-REFTEXT-

REFERENCES IN TEXT

Subsection (a)(3), referred to in subsec. (f)(1), was

redesignated subsec. (a)(2) of this section by Pub. L. 106-398,

Sec. 1 (div. B, title XXVIII, Sec. 2812(a)(3)), Oct. 30, 2000, 114

Stat. 1654, 1654A-416.

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (f)(1), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Title III of the Act is classified

generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title

41, Public Contracts. For complete classification of this Act to

the Code, see Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (f)(4)(A), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,

as amended, which is classified generally to chapter 55 (Sec. 4321

et seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(2). Pub. L. 107-217, Sec. 3(b)(12)(A),

substituted ''section 102 of title 40'' for ''section 3 of the

Federal Property and Administrative Services Act of 1949 (40 U.S.C.

472)''.

Subsec. (b)(5). Pub. L. 107-217, Sec. 3(b)(12)(B), substituted

''section 1302 of title 40'' for ''section 321 of the Act of June

30, 1932 (40 U.S.C. 303b)''.

Subsec. (d)(3). Pub. L. 107-314 struck out par. (3) which read as

follows: ''Not later than March 15 each year, the Secretary of

Defense shall submit to the congressional defense committees a

report which shall include -

''(A) an accounting of the receipt and use of all money rentals

that were deposited and expended under this subsection during the

fiscal year preceding the fiscal year in which the report is

made; and

''(B) a detailed explanation of each lease entered into, and of

each amendment made to existing leases, during such preceding

fiscal year.''

Subsec. (f)(1). Pub. L. 107-217, Sec. 3(b)(12)(C), inserted

''subtitle I of title 40 and title III of'' before ''the Federal

Property and Administrative Services Act of 1949'' and substituted

''subtitle I and title III are'' for ''such Act is''.

2001 - Subsec. (g)(3). Pub. L. 107-107 added par. (3).

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 (div. B, title

XXVIII, Sec. 2812(a)), inserted ''and'' at end of par. (1),

redesignated par. (3) as (2), and struck out former par. (2) which

read as follows: ''not for the time needed for public use; and''.

Subsec. (b)(5). Pub. L. 106-398, Sec. 1 (div. B, title XXVIII,

Sec. 2812(b)(1)), substituted ''alteration, repair, or

improvement,'' for ''improvement, maintenance, protection, repair,

or restoration,'' and struck out '', or of the entire unit or

installation where a substantial part of it is leased,'' after ''of

the property leased''.

Subsec. (c). Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2812(b)(3)), added subsec. (c). Former subsec. (c) redesignated

(i).

Subsec. (d)(1). Pub. L. 106-398, Sec. 1 (div. B, title XXVIII,

Sec. 2812(c)), amended par. (1) generally. Prior to amendment,

par. (1) read as follows:

''(1)(A) All money rentals received pursuant to leases entered

into by the Secretary of a military department under this section

shall be deposited in a special account in the Treasury established

for such military department, except -

''(i) amounts paid for utilities and services furnished lessees

by the Secretary; and

''(ii) money rentals referred to in paragraph (4) or (5).

''(B) Sums deposited in a military department's special account

pursuant to subparagraph (A) shall be available to such military

department, as provided in appropriation Acts, as follows:

''(i) 50 percent of such amount shall be available for facility

maintenance and repair or environmental restoration at the

military installation where the leased property is located.

''(ii) 50 percent of such amount shall be available for

facility maintenance and repair and for environmental restoration

by the military department concerned.''

Subsec. (d)(3). Pub. L. 106-398, Sec. 1 (div. B, title XXVIII,

Sec. 2812(d)(1)), substituted ''Not later than March 15 each year,

the Secretary of Defense shall submit to the congressional defense

committees a report which'' for ''As part of the request for

authorizations of appropriations submitted to the Committee on

Armed Services of the Senate and the Committee on Armed Services of

the House of Representatives for each fiscal year, the Secretary of

Defense'' in introductory provisions.

Subsec. (d)(3)(A). Pub. L. 106-398, Sec. 1 (div. B, title XXVIII,

Sec. 2812(d)(2)), substituted ''report'' for ''request''.

Subsec. (f)(4), (5). Pub. L. 106-398, Sec. 1 (div. B, title

XXVIII, Sec. 2812(b)(4)), redesignated par. (5) as (4) and struck

out former par. (4) which read as follows: ''The Secretary

concerned may accept under subsection (b)(5) services of a lessee

for an entire installation to be closed or realigned under a base

closure law, or for any part of such installation, without regard

to the requirement in subsection (b)(5) that a substantial part of

the installation be leased.''

Subsec. (h). Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2812(e)), amended subsec. (h) generally. Prior to amendment,

subsec. (h) read as follows: ''In this section, the term 'base

closure law' means each of the following:

''(1) The Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687

note).

''(2) Title II of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687

note).

''(3) Section 2687 of this title.''

Subsec. (i). Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2812(b)(2)), redesignated subsec. (c) as (i).

1999 - Subsec. (d)(3). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security'' in introductory provisions.

1998 - Subsec. (f)(1). Pub. L. 105-261 inserted ''or the Federal

Property and Administrative Services Act of 1949 (to the extent

such Act is inconsistent with this subsection)''.

1997 - Pub. L. 105-85, Sec. 1061(c)(1), inserted ''of military

departments'' after ''property'' in section catchline.

Subsec. (b)(4). Pub. L. 105-85, Sec. 1061(a), struck out '', in

the case of the lease of real property,'' after ''shall provide''.

Subsec. (d)(2). Pub. L. 105-85, Sec. 361(b)(2), inserted ''or

working capital fund'' before ''from which''.

Subsecs. (g), (h). Pub. L. 105-85, Sec. 1061(b), added subsec.

(g) and redesignated former subsec. (g) as (h).

1996 - Subsec. (d)(1)(A)(ii). Pub. L. 104-106, Sec. 2831(a)(1),

inserted ''or (5)'' after ''paragraph (4)''.

Subsec. (d)(3). Pub. L. 104-106, Sec. 1502(a)(1), substituted

''Committee on Armed Services of the Senate and the Committee on

National Security of the House of Representatives'' for

''Committees on Armed Services of the Senate and House of

Representatives''.

Subsec. (d)(5). Pub. L. 104-106, Sec. 2831(a)(2), added par. (5).

Subsec. (f)(4). Pub. L. 104-106, Sec. 2832, added par. (4).

Subsec. (f)(5). Pub. L. 104-106, Sec. 2833, added par. (5).

1993 - Subsec. (f). Pub. L. 103-160, Sec. 2906(a), amended

subsec. (f) generally. Prior to amendment, subsec. (f) read as

follows: ''Notwithstanding clause (3) of subsection (a), real

property and associated personal property, which have been

determined excess as the result of a defense installation

realignment or closure, may be leased to State or local governments

pending final disposition of such property if -

''(1) the Secretary concerned determines that such action would

facilitate State or local economic adjustment efforts, and

''(2) the Administrator of General Services concurs in the

action.''

Subsec. (g). Pub. L. 103-160, Sec. 2906(b), added subsec. (g).

1992 - Subsec. (b)(4). Pub. L. 102-484 inserted '', in the case

of the lease of real property,'' after ''shall provide''.

1991 - Subsec. (b)(3). Pub. L. 102-190, Sec. 2862(a)(1),

substituted ''shall permit'' for ''must permit'' and struck out

''and'' at end.

Subsec. (b)(4). Pub. L. 102-190, Sec. 2862(a)(2), (3), added par.

(4) and redesignated former par. (4) as (5).

Subsec. (b)(5). Pub. L. 102-190, Sec. 2862(a)(2), (4),

redesignated par. (4) as (5) and inserted ''improvement,'' before

''maintenance'' and ''the payment of'' before ''part or all''.

Subsec. (d)(3). Pub. L. 102-190, Sec. 2862(b), redesignated

subpar. (B) as par. (3), substituted ''As part of the request for

authorizations of appropriations submitted to the Committees on

Armed Services of the Senate and House of Representatives for each

fiscal year'' for ''As part of the request for authorizations of

appropriations to such Committees for each fiscal year after fiscal

year 1992'', redesignated cls. (i) and (ii) as subpars. (A) and

(B), respectively, and struck out former subpar. (A) which read as

follows: ''As part of the request for authorizations of

appropriations for fiscal year 1992 to the Committees on Armed

Services of the Senate and of the House of Representatives, the

Secretary of Defense shall include an explanation of each lease

from which money rentals will be received and deposited under this

subsection during fiscal year 1991, together with an estimate of

the amount to be received from each such lease and an explanation

of the anticipated expenditures of such receipts.''

1990 - Subsec. (d). Pub. L. 101-510 added pars. (1) to (3),

redesignated former par. (2) as (4), and struck out former par. (1)

which read as follows: ''Except as provided in paragraph (2), money

rentals received by the United States directly from a lease under

this section shall be covered into the Treasury as miscellaneous

receipts. Payments for utilities or services furnished to the

lessee under such a lease by the department concerned may be

covered into the Treasury to the credit of the appropriation from

which the cost of furnishing them was paid.''

1982 - Subsec. (b)(4). Pub. L. 97-295 substituted ''of'' for

''entitled 'An Act making appropriations for the Legislative Branch

of the Government for the fiscal year ending June 30, 1933, and for

other purposes', approved'' after ''section 321 of the Act''.

Subsec. (d). Pub. L. 97-321 designated existing provisions as

par. (1), substituted ''Except as provided in paragraph (2),

money'' for ''Money'', and added par. (2).

1980 - Subsec. (a)(3). Pub. L. 96-513, Sec. 511(92)(A),

substituted ''section 3 of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 472)'' for ''section 472 of title

40''.

Subsec. (b)(4). Pub. L. 96-513, Sec. 511(92)(B), substituted

''section 321 of the Act entitled 'An act making appropriations for

the Legislative Branch of the Government for the fiscal year ending

June 30, 1933, and for other purposes', approved June 30, 1932 (40

U.S.C. 303b),'' for ''section 303b of title 40''.

Subsec. (e). Pub. L. 96-513, Sec. 511(92)(C), substituted ''Act''

for ''act''.

Subsec. (f). Pub. L. 96-513, Sec. 511(92)(D), substituted ''the

Secretary'' for ''The Secretary'', and substituted ''the

Administrator of General Services'' for ''The Administrator of the

General Services Administration''.

1976 - Subsec. (b)(4), (5). Pub. L. 94-412 struck out par. (4)

which required leases of nonexcess property of a military

department include a provision making the lease revocable during a

national emergency declared by the President, and redesignated par.

(5) as (4).

1975 - Subsec. (f). Pub. L. 94-107 added subsec. (f).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

SAVINGS PROVISION

Amendment by Pub. L. 94-412 not to affect any action taken or

proceeding pending at the time of amendment, see section 501(h) of

Pub. L. 94-412, set out as a note under section 1601 of Title 50,

War and National Defense.

LEASING OF DEFENSE PROPERTY; NOTIFICATION OF CONGRESS; WAIVER;

REPORT TO CONGRESS; DEFINITION

Pub. L. 96-533, title I, Sec. 109(a)-(e), Dec. 16, 1980, 94 Stat.

3137, provided that before the Secretary of a military department

exercised his authority under section 2667 of title 10, United

States Code, in order to lease defense property to a foreign

government for a period of more than six months, the President had

to transmit to the Speaker of the House of Representatives and the

chairman of the Committee on Foreign Relations of the Senate, a

written notification of the particulars of the proposed lease,

prior to repeal by Pub. L. 97-113, title I, Sec. 109(d)(1), Dec.

29, 1981, 95 Stat. 1526. See section 2795 et seq. of Title 22,

Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2306c, 2474, 2490a, 2668,

2669, 2814, 2878 of this title; title 16 section 670a; title 22

section 2796; title 40 section 572.

-CITE-

10 USC Sec. 2667a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2667a. Leases: non-excess property of Defense agencies

-STATUTE-

(a) Lease Authority. - Whenever the Secretary of Defense

considers it advantageous to the United States, the Secretary may

lease to such lessee and upon such terms as the Secretary considers

will promote the national defense or to be in the public interest,

personal property that is -

(1) under the control of a Defense agency;

(2) not for the time needed for public use; and

(3) not excess property, as defined by section 102 of title 40.

(b) Limitation, Terms, and Conditions. - A lease under subsection

(a) -

(1) may not be for more than five years unless the Secretary of

Defense determines that a lease for a longer period will promote

the national defense or be in the public interest;

(2) may give the lessee the first right to buy the property if

the lease is revoked to allow the United States to sell the

property under any other provision of law;

(3) shall permit the Secretary to revoke the lease at any time,

unless the Secretary determines that the omission of such a

provision will promote the national defense or be in the public

interest;

(4) shall provide for the payment (in cash or in kind) by the

lessee of consideration in an amount that is not less than the

fair market value of the lease interest, as determined by the

Secretary; and

(5) may provide, notwithstanding any other provision of law,

for the improvement, maintenance, protection, repair,

restoration, or replacement by the lessee, of the property leased

as the payment of part or all of the consideration for the lease.

(c) Competitive Selection. - (1) If the term of a proposed lease

under subsection (a) exceeds one year and the fair market value of

the lease interest exceeds $100,000, as determined by the Secretary

of Defense, the Secretary shall use competitive procedures to

select the lessee.

(2) Not later than 45 days before entering into a lease described

in paragraph (1), the Secretary shall submit to Congress a written

notice describing the terms of the proposed lease and the

competitive procedures used to select the lessee.

(d) Disposition of Money Rent. - Money rentals received pursuant

to a lease entered into by the Secretary of Defense under

subsection (a) shall be deposited in a special account in the

Treasury established for the Defense agency whose property is

subject to the lease. Amounts in a Defense agency's special

account shall be available, to the extent provided in

appropriations Acts, solely for the maintenance, repair,

restoration, or replacement of the leased property.

-SOURCE-

(Added Pub. L. 105-85, div. A, title X, Sec. 1062(a), Nov. 18,

1997, 111 Stat. 1891; amended Pub. L. 107-217, Sec. 3(b)(13), Aug.

21, 2002, 116 Stat. 1296.)

-MISC1-

PRIOR PROVISIONS

A prior section 2667a, added Pub. L. 98-115, title VIII, Sec.

807(a)(1), Oct. 11, 1983, 97 Stat. 786, provided for sale and

replacement of nonexcess real property, prior to repeal by Pub. L.

98-115, title VIII, Sec. 807(c), Oct. 11, 1983, 97 Stat. 789, as

amended by Pub. L. 99-167, title VIII, Sec. 806(a), Dec. 3, 1985,

99 Stat. 988, effective Oct. 1, 1986.

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-217 substituted ''section 102

of title 40'' for ''section 3 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 472)''.

-CITE-

10 USC Sec. 2668 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2668. Easements for rights-of-way

-STATUTE-

(a) If the Secretary of a military department finds that it will

not be against the public interest, he may grant, upon such terms

as he considers advisable, easements for rights-of-way over, in,

and upon public lands permanently withdrawn or reserved for the use

of that department, and other lands under his control, to a State,

Territory, Commonwealth, or possession, or political subdivision

thereof, or to a citizen, association, partnership, or corporation

of a State, Territory, Commonwealth, or possession, for -

(1) railroad tracks;

(2) oil pipe lines;

(3) substations for electric power transmission lines and

pumping stations for gas, water, sewer, and oil pipe lines;

(4) canals;

(5) ditches;

(6) flumes;

(7) tunnels;

(8) dams and reservoirs in connection with fish and wildlife

programs, fish hatcheries, and other improvements relating to

fish-culture;

(9) roads and streets;

(10) poles and lines for the transmission or distribution of

electric power;

(11) poles and lines for the transmission or distribution of

communications signals (including telephone and telegraph

signals);

(12) structures and facilities for the transmission, reception,

and relay of such signals; and

(13) any other purpose that he considers advisable, except a

purpose covered by section 2669 of this title.

(b) No easement granted under this section may include more land

than is necessary for the easement.

(c) The Secretary of the military department concerned may

terminate all or part of any easement granted under this section

for -

(1) failure to comply with the terms of the grant;

(2) nonuse for a two-year period; or

(3) abandonment.

(d) Copies of instruments granting easements over public lands

under this section shall be furnished to the Secretary of the

Interior.

(e) Subsection (d) of section 2667 of this title shall apply with

respect to proceeds received by the Secretary of a military

department in connection with an easement granted under this

section in the same manner as such subsection applies to money

rentals received pursuant to leases entered into by that Secretary

under such section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 150; Pub. L. 98-525, title XIV,

Sec. 1405(38), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 104-201, div.

B, title XXVIII, Sec. 2861, Sept. 23, 1996, 110 Stat. 2804; Pub. L.

106-398, Sec. 1 (div. B, title XXVIII, Sec. 2812(f)(1)), Oct. 30,

2000, 114 Stat. 1654, 1654A-418.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2668(a) 2668(b) 43:931b (less 2d and July 24, 1946, ch.

3d provisos of 1st 596, Sec. 7, 60

sentence, and less Stat. 643; Oct. 25,

last sentence). 1951, ch. 563, Sec.

43:931b (2d proviso 101 (31st through

of 1st sentence). 43d words), 65

Stat. 641.

2668(c) 43:931b (3d proviso

of 1st sentence).

2668(d) 43:931b (last

sentence) (43:931b

is made applicable

to the Navy by

50:171-1 (16th

through 21st

words)).

-------------------------------

In subsection (a), the word ''conditions'' is omitted as covered

by the word ''terms''. The description of the persons covered in

the opening paragraph and the lands covered in clauses (1)-(10) is

restated to reflect an opinion of the Judge Advocate General of the

Army (JAGR 1952/3179, 27 Mar. 1952). The exceptions to clause (10)

make express the fact that the revised section does not cover

certain easements authorized by earlier law. The word ''over''

includes the word ''across''. The words ''of the United States'',

''and empowered'', ''acquired lands'', ''jurisdiction and'', and

''municipality'' are omitted as surplusage. The word

''Commonwealth'' is inserted to reflect the present status of

Puerto Rico.

In subsection (b), the words ''for the easement'' are substituted

for the words ''for the purpose for which granted''.

In subsections (b) and (c), the word ''easement'' is substituted

for the word ''rights-of-way''.

In subsection (c), the word ''terminate'' is substituted for the

words ''annulled and forfeited''. The words ''and conditions'' are

omitted as covered by the word ''terms''. The words ''two-year

period'' are substituted for the words ''a period of two

consecutive years''. The words ''of rights granted under authority

hereof'' are omitted as surplusage.

AMENDMENTS

2000 - Subsec. (e). Pub. L. 106-398 added subsec. (e).

1996 - Subsec. (a)(3). Pub. L. 104-201, Sec. 2861(b)(1), struck

out '', telephone lines, and telegraph lines,'' after

''transmission lines''.

Subsec. (a)(9). Pub. L. 104-201, Sec. 2861(a)(1), struck out

''and'' at end.

Subsec. (a)(10) to (12). Pub. L. 104-201, Sec. 2861(a)(3), added

pars. (10) to (12). Former par. (10) redesignated (13).

Subsec. (a)(13). Pub. L. 104-201, Sec. 2861(a)(2), (b)(2),

redesignated par. (10) as (13) and struck out ''or by the Act of

March 4, 1911 (43 U.S.C. 961)'' after ''2669 of this title''.

1984 - Subsec. (a)(10). Pub. L. 98-525 substituted ''the Act of

March 4, 1911 (43 U.S.C. 961)'' for ''section 961 of title 43''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2667 of this title.

-CITE-

10 USC Sec. 2669 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2669. Easements for rights-of-way: gas, water, sewer pipe

lines

-STATUTE-

(a) If the Secretary of a military department finds that it will

be in the public interest and will not substantially injure the

interest of the United States in the property affected, he may

grant, upon such terms as he considers advisable, easements for

rights-of-way over, in, and upon public lands permanently withdrawn

or reserved for the use of that department, and other lands under

his control, for gas, water, and sewer pipe lines, to a State,

Territory, Commonwealth, or possession, or political subdivision

thereof, or to a citizen, association, partnership, or corporation

of a State, Territory, Commonwealth, or possession.

(b) No easement granted under this section may include more land

than is necessary for the easement.

(c) The Secretary of the military department concerned may

terminate all or part of any easement granted under this section

for -

(1) failure to comply with the terms of the grant;

(2) nonuse; or

(3) abandonment.

(d) The Secretary concerned shall include in his annual report to

the President a complete statement of each easement granted under

this section, including the name and address of the grantee, the

purpose of the grant, and the benefits accruing to the United

States or to the public.

(e) Subsection (d) of section 2667 of this title shall apply with

respect to proceeds received by the Secretary of a military

department in connection with an easement granted under this

section in the same manner as such subsection applies to money

rentals received pursuant to leases entered into by that Secretary

under such section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 151; Pub. L. 106-398, Sec. 1

(div. B, title XXVIII, Sec. 2812(f)(2)), Oct. 30, 2000, 114 Stat.

1654, 1654A-418.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2669(a) 2669(b) 10:1351 (less 2d and May 17, 1926, ch.

2669(c) 2669(d) last provisos). (No 313, Sec. 1, 44

source). 10:1351 Stat. 562; Oct. 25,

(2d proviso). 1951, ch. 563, Sec.

10:1351 (last 101 (22d through

proviso). 30th words), 65

Stat. 641.

-------------------------------

Section 101 of the Act of October 25, 1951, cited above, makes

the Act of May 17, 1926, cited above, applicable to the Navy.

In subsection (a), the word ''conditions'' is omitted as covered

by the word ''terms''. The descriptions of the lands and persons

covered are restated to reflect an opinion of the Judge Advocate

General of the Army (JAGR 1952/3179, 27 Mar. 52). The words ''and

empowered'', ''of the United States'', ''across'', and ''military

reservations and other'' are omitted as surplusage. The word

''Commonwealth'' is inserted to reflect the present status of

Puerto Rico.

Subsection (b) is inserted for clarity and is based on the above

cited opinion.

In subsection (c), the words ''any easement'' are substituted for

the words ''such rights-of-way''. The word ''terminate'' is

substituted for the words ''annulled and forfeited''. The words

''and conditions'' are omitted as covered by the word ''terms''.

The words ''of rights granted under the authority hereof'' are

omitted as surplusage.

In subsection (d), the words ''a complete statement of each

easement'' are substituted for the words ''a full and complete

statement of each and all easements''.

AMENDMENTS

2000 - Subsec. (e). Pub. L. 106-398 added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2667, 2668 of this title.

-CITE-

10 USC Sec. 2670 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2670. Military installations: use by American National Red

Cross; use as polling places

-STATUTE-

(a) Use by Red Cross. - Under such conditions as he may

prescribe, the Secretary of any military department may issue a

revocable license to the American National Red Cross to -

(1) erect and maintain, on any military installation under his

jurisdiction, buildings for the storage of supplies; or

(2) use, for the storage of supplies, buildings erected by the

United States.

Supplies stored in buildings erected or used under this subsection

are available to aid the civilian population in a serious national

disaster.

(b) Use of Certain Facilities as Polling Places. - (1)

Notwithstanding chapter 29 of title 18 (including sections 592 and

593 of such title) or any other provision of law, the Secretary of

Defense or Secretary of a military department may not (except as

provided in paragraph (3)) prohibit the designation or use of a

qualifying facility under the jurisdiction of the Secretary as an

official polling place for local, State, or Federal elections.

(2) A Department of Defense facility is a qualifying facility for

purposes of this subsection if as of December 31, 2000 -

(A) the facility is designated as an official polling place by

a State or local election official; or

(B) the facility has been used as such an official polling

place since January 1, 1996.

(3) The limitation in paragraph (1) may be waived by the

Secretary of Defense or Secretary of the military department

concerned with respect to a particular Department of Defense

facility if the Secretary of Defense or Secretary concerned

determines that local security conditions require prohibition of

the designation or use of that facility as an official polling

place for any election.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 151; Pub. L. 107-107, div. A,

title XVI, Sec. 1607(a)-(b)(2), Dec. 28, 2001, 115 Stat. 1279,

1280.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2670 36:12. June 3, 1916, ch.

134, Sec. 127a (5th

par.); added June

4, 1920, ch. 227,

subch. I, Sec. 51

(5th par.);

restated July 17,

1953, ch. 222, Sec.

3, 67 Stat. 178.

-------------------------------

The word ''issue'' is substituted for the words ''grant

permission''. The word ''use'' is substituted for the words

''occupy for that purpose''.

AMENDMENTS

2001 - Pub. L. 107-107 substituted ''Military installations: use

by American National Red Cross; use as polling places'' for

''Licenses: military installations; erection and use of buildings;

American National Red Cross'' in section catchline, designated

existing provisions as subsec. (a), inserted heading, substituted

''this subsection'' for ''this section'' in concluding provisions,

and added subsec. (b).

-CITE-

10 USC Sec. 2671 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2671. Military reservations and facilities: hunting, fishing,

and trapping

-STATUTE-

(a) General Requirements for Hunting, Fishing, and Trapping. -

The Secretary of Defense shall, with respect to each military

installation or facility under the jurisdiction of any military

department in a State or Territory -

(1) require that all hunting, fishing, and trapping at that

installation or facility be in accordance with the fish and game

laws of the State or Territory in which it is located;

(2) require that an appropriate license for hunting, fishing,

or trapping on that installation or facility be obtained, except

that with respect to members of the Armed Forces, such a license

may be required only if the State or Territory authorizes the

issuance of a license to a member on active duty for a period of

more than thirty days at an installation or facility within that

State or Territory, without regard to residence requirements, and

upon terms otherwise not less favorable than the terms upon which

such a license is issued to residents of that State or Territory;

and

(3) develop, subject to safety requirements and military

security, and in cooperation with the Governor (or his designee)

of the State or Territory in which the installation or facility

is located, procedures under which designated fish and game or

conservation officials of that State or Territory may, at such

time and under such conditions as may be agreed upon, have full

access to that installation or facility to effect measures for

the management, conservation, and harvesting of fish and game

resources.

(b) Waiver Authority. - (1) The Secretary of Defense may waive or

otherwise modify the fish and game laws of a State or Territory

otherwise applicable under subsection (a)(1) to hunting, fishing,

or trapping at a military installation or facility if the Secretary

determines that the application of such laws to such hunting,

fishing, or trapping without modification could result in

undesirable consequences for public health or safety at the

installation or facility. The authority to waive such laws

includes the authority to extend, but not reduce, the specified

season for certain hunting, fishing, or trapping. The Secretary

may not waive the requirements under subsection (a)(2) regarding a

license for such hunting, fishing, or trapping or any fee imposed

by a State or Territory to obtain such a license.

(2) If the Secretary determines that a waiver of fish and game

laws of a State or Territory is appropriate under paragraph (1),

the Secretary shall provide written notification to the appropriate

State or Territory officials stating the reasons for, and extent

of, the waiver. The notification shall be provided at least 30

days before implementation of the waiver.

(c) Violations. - Whoever is guilty of an act or omission which

violates a requirement prescribed under subsection (a)(1) or (2),

which act or omission would be punishable if committed or omitted

within the jurisdiction of the State or Territory in which the

installation or facility is located, by the laws thereof in effect

at the time of that act or omission, is guilty of a like offense

and is subject to a like punishment.

(d) Relation to Treaty Rights. - This section does not modify any

rights granted by the treaty or otherwise to any Indian tribe or to

the members thereof.

(e) Regulations. - The Secretary of Defense shall prescribe

regulations to carry out this section.

-SOURCE-

(Added Pub. L. 85-337, Sec. 4(1), Feb. 28, 1958, 72 Stat. 29;

amended Pub. L. 107-107, div. B, title XXVIII, Sec. 2811, Dec. 28,

2001, 115 Stat. 1307.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107, Sec. 2811(b)(1), inserted

heading.

Subsec. (b). Pub. L. 107-107, Sec. 2811(a)(2), added subsec. (b).

Former subsec. (b) redesignated (e).

Subsec. (c). Pub. L. 107-107, Sec. 2811(b)(2), inserted heading.

Subsec. (d). Pub. L. 107-107, Sec. 2811(b)(3), inserted heading.

Subsec. (e). Pub. L. 107-107, Sec. 2811(a)(1), redesignated

subsec. (b) as (e), inserted heading, and transferred subsec. to

end of section.

-CITE-

10 USC Sec. 2672 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2672. Acquisition: interests in land when cost is not more

than $500,000

-STATUTE-

(a)(1) The Secretary of a military department may acquire any

interest in land that -

(A) the Secretary determines is needed in the interest of

national defense; and

(B) does not cost more than $500,000, exclusive of

administrative costs and the amounts of any deficiency judgments.

(2) This section does not apply to the acquisition, as a part of

the same project, of more than one parcel of land unless the

parcels are noncontiguous, or, if contiguous, unless the total cost

is not more than $500,000.

(b) The authority to acquire an interest in land under this

section includes authority to make surveys and acquire interests in

land (including temporary use), by gift, purchase, exchange of land

owned by the United States, or otherwise.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(51), Sept. 2, 1958, 72 Stat. 1459;

amended Pub. L. 87-651, title I, Sec. 112(a), Sept. 7, 1962, 76

Stat. 511; Pub. L. 92-145, title VII, Sec. 707(2), (3), Oct. 27,

1971, 85 Stat. 411; Pub. L. 96-418, title VIII, Sec. 806(a), Oct.

10, 1980, 94 Stat. 1777; Pub. L. 99-167, title VIII, Sec. 810(a),

(b)(1), Dec. 3, 1985, 99 Stat. 989, 990; Pub. L. 99-661, div. A,

title XIII, Sec. 1343(a)(16), Nov. 14, 1986, 100 Stat. 3993; Pub.

L. 100-456, div. B, title XXVIII, Sec. 2804, Sept. 29, 1988, 102

Stat. 2115; Pub. L. 105-85, div. B, title XXVIII, Sec. 2811(a),

(b)(1), Nov. 18, 1997, 111 Stat. 1991.)

-MISC1-

Historical and Revision Notes

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2672 50:171b. Aug. 3, 1956, ch.

939, Sec. 406, 70

Stat. 1015.

-------------------------------

The word ''land'' is omitted as covered by the words ''any

interest in land''. The words ''This section does not apply to the

acquisition'' are substituted for the words ''The authority under

this section may not, however, be used to acquire''. The words

''as a part of the same project'' are inserted for clarity.

1962 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2672 50:171b. Aug. 20, 1958, Pub.

L. 85-685, Sec.

510, 72 Stat. 662.

-------------------------------

This section effectuates the amendment to be source law by Pub.

L. 85-685.

AMENDMENTS

1997 - Pub. L. 105-85, Sec. 2811(b)(1), substituted ''$500,000''

for ''$200,000'' in section catchline.

Subsec. (a)(1)(B), (2). Pub. L. 105-85, Sec. 2811(a), substituted

''$500,000'' for ''$200,000''.

1988 - Subsec. (a)(1). Pub. L. 100-456, Sec. 2804(1), substituted

''The'' for ''Subject to subsection (b), the''.

Subsecs. (b), (c). Pub. L. 100-456, Sec. 2804(2), (3),

redesignated subsec. (c) as (b) and struck out former subsec. (b)

which read as follows: ''The Secretary of a military department may

not enter into a contract under this section for the acquisition of

any interest in land the cost of which exceeds $100,000 unless -

''(1) the Secretary has notified the appropriate committees of

Congress of his intent to acquire such interest, the cost of the

interest, and the reasons for acquiring the interest; and

''(2) a period of 21 days has elapsed from the date the

notification is received by the committees.''

1986 - Pub. L. 99-661 substituted ''interests'' for ''interest''

in section catchline, designated first sentence of subsec. (a) as

par. (1) and, in subpar. (A) of par. (1) as so designated,

substituted ''the Secretary'' for ''he or his designate'',

designated second sentence of subsec. (a) as par. (2), and

designated third sentence of subsec. (a) as subsec. (c).

1985 - Pub. L. 99-167 substituted ''interest in land when cost is

not more than $200,000'' for ''interests in land when cost is not

more than $100,000'' in section catchline and, in text, designated

existing provisions as subsec. (a), and in subsec. (a) as so

designated, substituted ''Subject to subsection (b), the'' for

''The'', redesignated cls. (1) and (2) as (A) and (B), substituted

''$200,000'' for ''$100,000'' in two places, and added subsec. (b).

1980 - Pub. L. 96-418 substituted ''$100,000'' for ''$50,000'' in

section catchline and in text.

1971 - Pub. L. 92-145 substituted ''$50,000'' for ''$25,000'' in

section catchline and in two places in text, and included in the

acquisition authority, the authority to make surveys and acquire

interests in land (including temporary use) by gift, purchase,

exchange of land owned by the United States, or otherwise,

respectively.

1962 - Pub. L. 87-651 substituted ''$25,000'' for ''$5,000'' in

section catchline and in two places in text, and ''he or his

designee determines is needed'' for ''he determines is urgently

needed'' in cl. (1).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 effective Oct. 1, 1988, see section

2702 of Pub. L. 100-456, set out as a note under section 2391 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2673 of this title.

-CITE-

10 USC Sec. 2672a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2672a. Acquisition: interests in land when need is urgent

-STATUTE-

(a) The Secretary of a military department may acquire any

interest in land that -

(1) he or his designee determines is needed in the interest of

national defense;

(2) is required to maintain the operational integrity of a

military installation; and

(3) considerations of urgency do not permit the delay necessary

to include the required acquisition in an annual Military

Construction Authorization Act.

(b) Appropriations available for military construction may be

used for the purposes of this section. The authority to acquire an

interest in land under this section includes authority to make

surveys and acquire interests in land (including temporary use), by

gift, purchase, exchange of land owned by the United States, or

otherwise. The Secretary of a military department contemplating

action under this section shall provide notice, in writing, to the

Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives at least 30 days in

advance of any action being taken.

-SOURCE-

(Added Pub. L. 94-107, title VI, Sec. 607(8), Oct. 7, 1975, 89

Stat. 566; amended Pub. L. 98-525, title XIV, Sec. 1405(39), Oct.

19, 1984, 98 Stat. 2624; Pub. L. 104-106, div. A, title XV, Sec.

1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65, div. A,

title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (b). Pub. L. 104-106 substituted ''Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives'' for ''Committees on Armed

Services of the Senate and House of Representatives''.

1984 - Subsec. (a). Pub. L. 98-525, Sec. 1405(39)(A), (B),

designated first sentence as subsec. (a) and substituted in par.

(2) thereof ''operational'' for ''operation''.

Subsec. (b). Pub. L. 98-525, Sec. 1405(39)(C), (D), designated

second sentence as subsec. (b) and substituted ''this section

shall'' for ''this provision will'' and ''Committees on Armed

Services'' for ''Armed Services Committees''.

-CITE-

10 USC Sec. 2673 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2673. Acquisition of certain interests in land: availability

of funds

-STATUTE-

Appropriations available to the Department of Defense for

maintenance or construction may be used for the acquisition of land

or interests in land under section 2672 of this title and for the

acquisition of interests in land under section 2675 of this title.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(l)(1), July 19, 1988, 102 Stat.

849.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section and section 2828(h) of this title are based on Pub.

L. 98-212, title VII, Sec. 707, Dec. 8, 1983, 97 Stat. 1438.

PRIOR PROVISIONS

A prior section 2673, added Pub. L. 85-861, Sec. 1(51), Sept. 2,

1958, 72 Stat. 1459, related to restoration or replacement of

facilities damaged or destroyed, prior to repeal by Pub. L. 97-214,

Sec. 7(1), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982, and

applicable to military construction projects, and to construction

and acquisition of military family housing authorized before, on,

or after such date. See section 2854 of this title.

-CITE-

10 USC Sec. 2674 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2674. Operation and control of Pentagon Reservation and

defense facilities in National Capital Region

-STATUTE-

(a)(1) Jurisdiction, custody, and control over, and

responsibility for, the operation, maintenance, and management of

the Pentagon Reservation is transferred to the Secretary of

Defense.

(2) Before March 1 of each year, the Secretary of Defense shall

transmit to the congressional committees specified in paragraph (3)

a report on the state of the renovation of the Pentagon Reservation

and a plan for the renovation work to be conducted in the fiscal

year beginning in the year in which the report is transmitted.

(3) The committees referred to in paragraph (2) are -

(A) the Committee on Armed Services and the Committee on

Environment and Public Works of the Senate; and

(B) the Committee on Armed Services and the Committee on

Transportation and Infrastructure of the House of

Representatives.

(b)(1) The Secretary may appoint military or civilian personnel

or contract personnel to perform law enforcement and security

functions for property occupied by, or under the jurisdiction,

custody, and control of the Department of Defense, and located in

the National Capital Region. Such individuals -

(A) may be armed with appropriate firearms required for

personal safety and for the proper execution of their duties,

whether on Department of Defense property or in travel status;

and

(B) shall have the same powers (other than the service of civil

process) as sheriffs and constables upon the property referred to

in the first sentence to enforce the laws enacted for the

protection of persons and property, to prevent breaches of the

peace and suppress affrays or unlawful assemblies, and to enforce

any rules or regulations with respect to such property prescribed

by duly authorized officials.

(2) For positions for which the permanent duty station is the

Pentagon Reservation, the Secretary, in his sole and exclusive

discretion, may without regard to the pay provisions of title 5,

fix the rates of basic pay for such positions occupied by civilian

law enforcement and security personnel appointed under the

authority of this section so as to place such personnel on a

comparable basis with personnel of other similar Federal law

enforcement and security organizations within the vicinity of the

Pentagon Reservation, not to exceed the basic pay for personnel

performing similar duties in the United States Secret Service

Uniformed Division or the United States Park Police.

(c)(1) The Secretary may prescribe such rules and regulations as

the Secretary considers appropriate to ensure the safe, efficient,

and secure operation of the Pentagon Reservation, including rules

and regulations necessary to govern the operation and parking of

motor vehicles on the Pentagon Reservation.

(2) Any person who violates a rule or regulation prescribed under

this subsection is liable to the United States for a civil penalty

of not more than $1,000.

(3) Any person who willfully violates any rule or regulation

prescribed pursuant to this subsection commits a Class B

misdemeanor.

(d) The Secretary of Defense may establish rates and collect

charges for space, services, protection, maintenance, construction,

repairs, alterations, or facilities provided at the Pentagon

Reservation.

(e)(1) There is established in the Treasury of the United States

a revolving fund to be known as the Pentagon Reservation

Maintenance Revolving Fund (hereafter in this section referred to

as the ''Fund''). There shall be deposited into the Fund funds

collected by the Secretary for space and services and other items

provided an organization or entity using any facility or land on

the Pentagon Reservation pursuant to subsection (d).

(2) Monies deposited into the Fund shall be available, without

fiscal year limitation, for expenditure for real property

management, operation, protection, construction, repair, alteration

and related activities for the Pentagon Reservation.

(f) In this section:

(1) The term ''Pentagon Reservation'' means that area of land

(consisting of approximately 280 acres) and improvements thereon,

located in Arlington, Virginia, on which the Pentagon Office

Building, Federal Building Number 2, the Pentagon heating and

sewage treatment plants, and other related facilities are

located, including various areas designated for the parking of

vehicles.

(2) The term ''National Capital Region'' means the geographic

area located within the boundaries of (A) the District of

Columbia, (B) Montgomery and Prince Georges Counties in the State

of Maryland, (C) Arlington, Fairfax, Loudoun, and Prince William

Counties and the City of Alexandria in the Commonwealth of

Virginia, and (D) all cities and other units of government within

the geographic areas of such District, Counties, and City.

-SOURCE-

(Added Pub. L. 101-510, div. B, title XXVIII, Sec. 2804(a)(1),

Nov. 5, 1990, 104 Stat. 1784; amended Pub. L. 102-190, div. A,

title X, Sec. 1061(a)(18), div. B, title XXVIII, Sec. 2864, Dec.

5, 1991, 105 Stat. 1473, 1561; Pub. L. 104-106, div. A, title XV,

Sec. 1502(a)(24), Feb. 10, 1996, 110 Stat. 505; Pub. L. 104-201,

div. A, title III, Sec. 369(a), (b)(1), Sept. 23, 1996, 110 Stat.

2498; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999,

113 Stat. 774; Pub. L. 107-107, div. A, title XI, Sec. 1101, Dec.

28, 2001, 115 Stat. 1234.)

-MISC1-

PRIOR PROVISIONS

A prior section 2674, added Pub. L. 85-861, Sec. 1(51), Sept. 2,

1958, 72 Stat. 1459; amended Pub. L. 87-651, title I, Sec. 112(b),

Sept. 7, 1962, 76 Stat. 511; Pub. L. 88-174, title VI, Sec. 608,

Nov. 7, 1963, 77 Stat. 328; Pub. L. 89-188, title VI, Sec. 613,

Sept. 16, 1965, 79 Stat. 819; Pub. L. 89-568, title VI, Sec. 608,

Sept. 12, 1966, 80 Stat. 756; Pub. L. 91-511, title VI, Sec.

607(2)-(4), Oct. 26, 1970, 84 Stat. 1224; Pub. L. 92-145, title

VII, Sec. 707(1), Oct. 27, 1971, 85 Stat. 411; Pub. L. 93-166,

title VI, Sec. 608(1), Nov. 29, 1973, 87 Stat. 682; Pub. L. 94-107,

title VI, Sec. 607(2)-(4), Oct. 7, 1975, 89 Stat. 566; Pub. L.

95-82, title VI, Sec. 608(a), Aug. 1, 1977, 91 Stat. 377; Pub. L.

95-356, title VI, Sec. 603(h)(1), Sept. 8, 1978, 92 Stat. 582; Pub.

L. 96-125, title VIII, Sec. 801, Nov. 26, 1979, 93 Stat. 947; Pub.

L. 97-99, title IX, Sec. 907, Dec. 23, 1981, 95 Stat. 1385, related

to minor construction projects, prior to repeal by Pub. L. 97-214,

Sec. 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct.

1, 1982, and applicable to military construction projects, and to

construction and acquisition of military family housing authorized

before, on, or after such date. See section 2805 of this title.

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-107 designated existing

provisions as par. (1), redesignated former pars. (1) and (2) as

subpars. (A) and (B), respectively, of par. (1), and added par.

(2).

1999 - Subsec. (a)(3)(B). Pub. L. 106-65 substituted ''Committee

on Armed Services'' for ''Committee on National Security''.

1996 - Pub. L. 104-201, Sec. 369(b)(1), substituted ''of Pentagon

Reservation and defense facilities in National Capital Region'' for

''of the Pentagon Reservation'' in section catchline.

Subsec. (a)(2). Pub. L. 104-106, Sec. 1502(a)(24)(A), substituted

''congressional committees specified in paragraph (3)'' for

''Committees on Armed Services of the Senate and the House of

Representatives, the Committee on Environment and Public Works of

the Senate, and the Committee on Public Works and Transportation of

the House of Representatives''.

Subsec. (a)(3). Pub. L. 104-106, Sec. 1502(a)(24)(B), added par.

(3).

Subsec. (b). Pub. L. 104-201, Sec. 369(a), substituted ''in the

National Capital Region'' for ''at the Pentagon Reservation''.

1991 - Subsec. (b)(2). Pub. L. 102-190, Sec. 2864, amended par.

(2) generally. Prior to amendment, par. (2) read as follows:

''shall have the same powers as sheriffs and constables to enforce

the laws, rules, or regulations enacted for the protection of

persons and property.''

Subsec. (c)(3). Pub. L. 102-190, Sec. 1061(a)(18), substituted

''misdemeanor'' for ''misdeameanor''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

COST OF PENTAGON RENOVATION

Pub. L. 107-248, title VIII, Sec. 8056, Oct. 23, 2002, 116 Stat.

1549, provided that:

''(a) Limitation on Pentagon Renovation Costs. - Not later than

the date each year on which the President submits to Congress the

budget under section 1105 of title 31, United States Code, the

Secretary of Defense shall submit to Congress a certification that

the total cost for the planning, design, construction, and

installation of equipment for the renovation of wedges 2 through 5

of the Pentagon Reservation, cumulatively, will not exceed four

times the total cost for the planning, design, construction, and

installation of equipment for the renovation of wedge 1.

''(b) Annual Adjustment. - For purposes of applying the

limitation in subsection (a), the Secretary shall adjust the cost

for the renovation of wedge 1 by any increase or decrease in costs

attributable to economic inflation, based on the most recent

economic assumptions issued by the Office of Management and Budget

for use in preparation of the budget of the United States under

section 1104 of title 31, United States Code.

''(c) Exclusion of Certain Costs. - For purposes of calculating

the limitation in subsection (a), the total cost for wedges 2

through 5 shall not include -

''(1) any repair or reconstruction cost incurred as a result of

the terrorist attack on the Pentagon that occurred on September

11, 2001;

''(2) any increase in costs for wedges 2 through 5 attributable

to compliance with new requirements of Federal, State, or local

laws; and

''(3) any increase in costs attributable to additional security

requirements that the Secretary of Defense considers essential to

provide a safe and secure working environment.

''(d) Certification Cost Reports. - As part of the annual

certification under subsection (a), the Secretary shall report the

projected cost (as of the time of the certification) for -

''(1) the renovation of each wedge, including the amount

adjusted or otherwise excluded for such wedge under the authority

of paragraphs (2) and (3) of subsection (c) for the period

covered by the certification; and

''(2) the repair and reconstruction of wedges 1 and 2 in

response to the terrorist attack on the Pentagon that occurred on

September 11, 2001.

''(e) Duration of Certification Requirement. - The requirement to

make an annual certification under subsection (a) shall apply until

the Secretary certifies to Congress that the renovation of the

Pentagon Reservation is completed.''

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 107-117, div. A, title VIII, Sec. 8060, Jan. 10, 2002,

115 Stat. 2260.

ESTABLISHMENT OF MEMORIAL TO VICTIMS OF TERRORIST ATTACK ON

PENTAGON RESERVATION AND AUTHORITY TO ACCEPT MONETARY CONTRIBUTIONS

FOR MEMORIAL AND REPAIR OF PENTAGON

Pub. L. 107-107, div. B, title XXVIII, Sec. 2864, Dec. 28, 2001,

115 Stat. 1333, provided that:

''(a) Memorial Authorized. - The Secretary of Defense may

establish a memorial at the Pentagon Reservation dedicated to the

victims of the terrorist attack on the Pentagon that occurred on

September 11, 2001. The Secretary shall use necessary amounts in

the Pentagon Reservation Maintenance Revolving Fund established by

section 2674(e) of title 10, United States Code, including amounts

deposited in the Fund under subsection (c), to plan, design,

construct, and maintain the memorial.

''(b) Acceptance of Contributions. - The Secretary of Defense may

accept monetary contributions made for the purpose of assisting in

-

''(1) the establishment of the memorial to the victims of the

terrorist attack; and

''(2) the repair of the damage caused to the Pentagon

Reservation by the terrorist attack.

''(c) Deposit of Contributions. - The Secretary of Defense shall

deposit contributions accepted under subsection (b) in the Pentagon

Reservation Maintenance Revolving Fund. The contributions shall be

available for expenditure only for the purposes specified in

subsection (b).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 462.

-CITE-

10 USC Sec. 2675 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2675. Leases: foreign countries

-STATUTE-

The Secretary of a military department may acquire by lease in

foreign countries structures and real property relating to

structures that are needed for military purposes other than for

military family housing. A lease under this section may be for a

period of up to five years, and the rental for each yearly period

may be paid from funds appropriated to that military department for

that year.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(51), Sept. 2, 1958, 72 Stat. 1460;

amended Pub. L. 91-511, title VI, Sec. 608, Oct. 26, 1970, 84 Stat.

1224; Pub. L. 94-107, title VI, Sec. 607(10), (11), Oct. 7, 1975,

89 Stat. 567; Pub. L. 95-82, title V, Sec. 505(a), Aug. 1, 1977, 91

Stat. 371; Pub. L. 95-356, title V, Sec. 503(b), Sept. 8, 1978, 92

Stat. 579; Pub. L. 96-125, title V, Sec. 502(b), Nov. 26, 1979, 93

Stat. 940; Pub. L. 96-418, title V, Sec. 504(b), Oct. 10, 1980, 94

Stat. 1765; Pub. L. 97-99, title VI, Sec. 604, Dec. 23, 1981, 95

Stat. 1374; Pub. L. 97-214, Sec. 8, July 12, 1982, 96 Stat. 174;

Pub. L. 98-525, title XIV, Sec. 1405(40), Oct. 19, 1984, 98 Stat.

2624; Pub. L. 101-510, div. A, title XIII, Sec. 1322(a)(11), Nov.

5, 1990, 104 Stat. 1671.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2675 5:171z-3. Aug. 3, 1956, ch.

939, Sec. 417, 70

Stat. 1018.

-------------------------------

The words ''that are not located on a military base'' are

substituted for the words ''off-base''.

AMENDMENTS

1990 - Pub. L. 101-510 struck out ''(a)'' before ''The

Secretary'' and struck out subsec. (b) which read as follows: ''A

lease may not be entered into under this section for structures or

related real property in any foreign country if the average

estimated annual rental during the term of the lease if more than

$250,000 until after the expiration of 30 days from the date upon

which a report of the facts concerning the proposed lease is

submitted to the Committees on Armed Services of the Senate and

House of Representatives.''

1984 - Subsec. (b). Pub. L. 98-525 substituted ''30'' for

''thirty''.

1982 - Subsec. (a). Pub. L. 97-214, Sec. 8(a), substituted

provisions that the Secretary of a military department may acquire

by lease in foreign countries, structures and real property needed

for military purposes other than for military family housing for up

to a period of five years with the rental to be paid from funds

appropriated to that military department for that year, for former

provisions that had allowed such leases including leases for

military family housing and in the latter case for a period of up

to 10 years.

Subsec. (b). Pub. L. 97-214, Sec. 8(b), struck out ''or any other

provision of law'' after ''into under this section'', and '',

family housing facilities,'' after ''for structures''.

Subsecs. (c), (d). Pub. L. 97-214, Sec. 8(c), struck out subsec.

(c) which provided that a statement in a lease that the

requirements of this section have been met, or that the lease is

not subject to this section is conclusive, and subsec. (d) which

related to limitations on expenditures for the rental of family

housing in foreign countries and limitations on the number of

family housing units which may be leased in a foreign country at

any one time.

1981 - Subsec. (d)(1). Pub. L. 97-99, Sec. 604(1), substituted

''250'' for ''150''.

Subsec. (d)(2). Pub. L. 97-99, Sec. 604(2), substituted

''22,000'' for ''17,000''.

1980 - Subsec. (d)(1). Pub. L. 96-418 substituted ''Expenditures

for the rental of family housing in foreign countries (including

the cost of utilities and maintenance and operation) may not exceed

$1,115 per month for any unit'' for ''The average unit rental for

Department of Defense family housing acquired by lease in foreign

countries may not exceed $550 per month for the Department, and in

no event shall the rental for any one unit exceed $970 per month,

including the costs of operation, maintenance, and utilities''.

1979 - Subsec. (d)(1). Pub. L. 96-125, Sec. 502(b)(1),

substituted ''$550'' for ''$485'' and ''$970'' for ''$850''.

Subsec. (d)(2). Pub. L. 96-125, Sec. 502(b)(2), substituted

''17,000'' for ''18,000''.

1978 - Subsec. (d)(1). Pub. L. 95-356, Sec. 503(b)(1),

substituted ''$485'' for ''$435'' and ''$850'' for ''$760''.

Subsec. (d)(2). Pub. L. 95-356, Sec. 503(b)(2), substituted

''18,000'' for ''15,000''.

1977 - Subsec. (a). Pub. L. 95-82, Sec. 505(a)(1), inserted

provisions relating to military family housing facilities and real

property related thereto.

Subsec. (b). Pub. L. 95-82, Sec. 505(a)(2), inserted ''or any

other provision of law for structures, family housing facilities,

or related real property in any foreign country,'' after

''section''.

Subsec. (d). Pub. L. 95-82, Sec. 505(a)(3), added subsec. (d).

1975 - Pub. L. 94-107 struck out reference to structures not on a

military base in section catchline, and struck out ''that are not

located on a military base and'' after ''structures and real

property relating thereto'' in subsec. (a).

1970 - Pub. L. 91-511 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and

applicable to military construction projects, and to construction

and acquisition of military family housing authorized before, on,

or after such date, see section 12(a) of Pub. L. 97-214, set out as

an Effective Date note under section 2801 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 608 of Pub. L. 96-418 provided that: ''Titles I, II, III,

IV, and V (enacting section 2775 of this title and section 1594h-3

of Title 42, The Public Health and Welfare, amending this section,

section 2686 of this title, and sections 1594a-1 and 1594h-2 of

Title 42, and repealing provisions set out as a note under section

4593 of this title) shall take effect on October 1, 1980.''

EFFECTIVE DATE OF 1977 AMENDMENT

Section 505(c) of Pub. L. 95-82 provided that: ''The amendments

made by subsection (a) (amending this section) and the repeal made

by subsection (b) (repealing section 507(b) of Pub. L. 93-166,

which was not classified to the Code) shall take effect October 1,

1977.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2673 of this title.

-CITE-

10 USC Sec. 2676 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2676. Acquisition: limitation

-STATUTE-

(a) No military department may acquire real property not owned by

the United States unless the acquisition is expressly authorized by

law. The foregoing limitation shall not apply to the acceptance by

a military department of real property acquired under the authority

of the Administrator of General Services to acquire property by the

exchange of Government property pursuant to subtitle I of title 40

and title III of the Federal Property and Administrative Services

Act of 1949, as amended (41 U.S.C. 251 et seq.).

(b) Authority provided the Secretary of a military department by

law to acquire an interest in real property (including a temporary

interest) includes authority -

(1) to make surveys; and

(2) to acquire the interest in real property by gift, purchase,

exchange of real property owned by the United States, or

otherwise.

(c)(1) Except as provided in paragraph (2), the cost authorized

for a land acquisition project may be increased by not more than 25

percent of the amount appropriated for the project by Congress or

200 percent of the amount specified by law as the maximum amount

for a minor military construction project, whichever is lesser, if

the Secretary concerned determines (A) that such an increase is

required for the sole purpose of meeting unusual variations in

cost, and (B) that such variations in cost could not have been

reasonably anticipated at the time the project was originally

approved by Congress.

(2) A land acquisition project may not be placed under contract

if, based upon the agreed price for the land or, in the case of

land to be acquired by condemnation, the amount to be deposited

with the court as just compensation for the land -

(A) the scope of the acquisition, as approved by Congress, is

proposed to be reduced by more than 25 percent; or

(B) the agreed price for the land or, in the case of land to be

acquired by condemnation, the amount to be deposited with the

court as just compensation for the land, exceeds the amount

appropriated for the project by more than (i) 25 percent, or (ii)

200 percent of the amount specified by law as the maximum amount

for a minor military construction project, whichever is lesser,

until subsection (d) is complied with.

(d) The limitations on reduction in scope or increase in cost of

a land acquisition in subsection (c) do not apply if the reduction

in scope or the increase in cost, as the case may be, is approved

by the Secretary concerned and a written notification of the facts

relating to the proposed reduced scope or increased cost (including

a statement of the reasons therefor) is submitted by the Secretary

concerned to the appropriate committees of Congress. A contract for

the acquisition may then be awarded only after a period of 21 days

elapses from the date the notification is received by the

committees.

(e) The Secretary concerned shall promptly pay any deficiency

judgment against the United States awarded by a court in an action

for condemnation of any interest in land or resulting from a final

settlement of an action for condemnation of any interest in land.

Payments under this subsection may be made from funds available to

the Secretary concerned for military construction projects and

without regard to the limitations of subsections (c) and (d).

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(51), Sept. 2, 1958, 72 Stat. 1460;

amended Pub. L. 93-166, title VI, Sec. 608(2), Nov. 29, 1973, 87

Stat. 682; Pub. L. 97-214, Sec. 5, July 12, 1982, 96 Stat. 170;

Pub. L. 98-407, title VIII, Sec. 802, Aug. 28, 1984, 98 Stat. 1519;

Pub. L. 99-661, div. A, title XIII, Sec. 1343(a)(17)(A), Nov. 14,

1986, 100 Stat. 3993; Pub. L. 102-190, div. B, title XXVIII, Sec.

2870(1), Dec. 5, 1991, 105 Stat. 1562; Pub. L. 107-217, Sec.

3(b)(14), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 107-314, div. A,

title X, Sec. 1062(a)(11), Dec. 2, 2002, 116 Stat. 2650.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2676 (Uncodified). July 27, 1954, ch.

579, Sec. 501(b)

(less provisos), 68

Stat. 560.

-------------------------------

The word ''property'' is substituted for the word ''estate''. The

words ''not owned by the United States'' are substituted for the

words ''not in Federal ownership''. The words ''or shall be'' are

omitted as surplusage.

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Title III of the Act is classified generally to

subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public

Contracts. For complete classification of this Act to the Code, see

Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-314 inserted opening parenthesis

before ''41 U.S.C.''.

Pub. L. 107-217 inserted ''subtitle I of title 40 and title III

of'' before ''the Federal Property and Administrative Services Act

of 1949'' and substituted ''41 U.S.C. 251 et seq.)'' for ''(40

U.S.C. 471 et seq.)''.

1991 - Subsec. (d). Pub. L. 102-190 struck out ''(1)'' after ''be

awarded only'' and '', or (2) upon the approval of those

committees, if before the end of that period each such committee

approves the proposed reduced scope or increased cost'' before

period at end.

1986 - Subsec. (c)(2)(B). Pub. L. 99-661 amended generally

language of subpar. (B) before ''exceeds the amount''. See 1984

Amendment note below.

1984 - Subsec. (c)(2). Pub. L. 98-407, Sec. 802(1), inserted

''or, in the case of land to be acquired by condemnation, the

amount to be deposited with the court as just compensation for the

land'' in provisions preceding subpar. (A).

Subsec. (c)(2)(B). Pub. L. 98-407, Sec. 802(2), inserted ''or, in

the case of land to be acquired by condemnation, the amount to be

deposited with the court as just compensation for the land,''.

Insertion of new language following ''the agreed price for the

land'' was executed to text notwithstanding directory language of

Pub. L. 98-407 that made a reference to a nonexistent comma

following ''the agreed price for the land''. See 1986 Amendment

note above.

Subsec. (e). Pub. L. 98-407, Sec. 802(3), added subsec. (e).

1982 - Pub. L. 97-214 designated existing provisions as subsec.

(a) and added subsecs. (b) to (d).

1973 - Pub. L. 93-166 made limitation inapplicable to property

acquired under authority of Administrator of General Services to

acquire property by exchange of Government property.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1343(a)(17)(B) of Pub. L. 99-661 provided that: ''The

amendment made by subparagraph (A) (amending this section) shall

take effect as if included in the enactment of section 802(2) of

the Military Construction Authorization Act, 1985 (Public Law

98-407; 98 Stat. 1519) (amending this section).''

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and

applicable to military construction projects, and to construction

and acquisition of military family housing authorized before, on,

or after such date, see section 12(a) of Pub. L. 97-214, set out as

an Effective Date note under section 2801 of this title.

-CITE-

10 USC Sec. 2677 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2677. Options: property required for military construction

projects

-STATUTE-

(a) The Secretary of a military department may acquire an option

on a parcel of real property before or after its acquisition is

authorized by law, if he considers it suitable and likely to be

needed for a military project of his department.

(b) As consideration for an option acquired under subsection (a),

the Secretary may pay, from funds available to his department for

real property activities, an amount that is not more than 12

percent of the appraised fair market value of the property.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(51), Sept. 2, 1958, 72 Stat. 1460;

amended Pub. L. 87-554, title VI, Sec. 607, July 27, 1962, 76 Stat.

242; Pub. L. 92-145, title VII, Sec. 707(4), Oct. 27, 1971, 85

Stat. 412; Pub. L. 94-273, Sec. 6(3), Apr. 21, 1976, 90 Stat. 377;

Pub. L. 97-214, Sec. 10(a)(5)(A), (B), July 12, 1982, 96 Stat. 175;

Pub. L. 97-375, title I, Sec. 104(b), Dec. 21, 1982, 96 Stat. 1819;

Pub. L. 98-407, title VIII, Sec. 803, Aug. 28, 1984, 98 Stat. 1519;

Pub. L. 102-190, div. B, title XXVIII, Sec. 2861, Dec. 5, 1991,

105 Stat. 1559; Pub. L. 103-35, title II, Sec. 201(c)(9), May 31,

1993, 107 Stat. 98; Pub. L. 107-314, div. A, title X, Sec.

1062(a)(12), Dec. 2, 2002, 116 Stat. 2650.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2677 (Uncodified). July 27, 1954, ch.

579, Sec. 501(b)

(provisos), 68

Stat. 560.

-------------------------------

In subsections (a) and (b), the word ''property'' is substituted

for the word ''estate''.

In subsection (a), the words ''Before acquisition of a parcel of

real property is authorized by law'' are substituted for the words

''prior to such authorization''. The word ''acquire'' is

substituted for the word ''procure''. The words ''if he considers *

* * likely to be needed'' are substituted for the words ''which in

their judgment is * * * likely to be required''. The word

''prospective'' is omitted as surplusage.

In subsection (b), the words ''for each year the option is to

continue, and proportionately for any other period'' are

substituted for the words ''per annum'' for clarity. The words

''not more than 3 percent'' are substituted for the words ''not in

excess of 3 per centum''.

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-314 struck out subsec. (c) which

read as follows:

''(c)(1) Before acquiring an option on real property under

subsection (a), the Secretary of a military department shall review

the most recent inventory of real property assets published by the

Resolution Trust Corporation under section 21A(b)(11)(F) of the

Federal Home Loan Bank Act (12 U.S.C. 1441a(b)(11)(F)) and

determine whether any real property listed in the inventory is

suitable for use by the military department for the purposes for

which the real property is sought.

''(2) The requirement for the review referred to in paragraph (1)

shall terminate on September 30, 1996.''

1993 - Subsec. (c)(1). Pub. L. 103-35 substituted ''section

21A(b)(11)(F) of the Federal Home Loan Bank Act (12 U.S.C.

1441a(b)(11)(F))'' for ''section 21A(b)(12)(F) of the Federal Home

Loan Bank Act (12 U.S.C. 1441a(b)(12)(F))''.

1991 - Subsec. (c). Pub. L. 102-190 added subsec. (c).

1984 - Subsec. (b). Pub. L. 98-407 substituted ''12 percent'' for

''5 percent''.

1982 - Pub. L. 97-214, Sec. 10(a)(5)(B), substituted ''Options:

property required for military construction projects'' for

''Options: property required for public works projects of military

departments'' in section catchline.

Subsec. (b). Pub. L. 97-214, Sec. 10(a)(5)(A), substituted

''percent'' for ''per centum''.

Subsec. (c). Pub. L. 97-375 repealed subsec. (c) which provided

that for each six-month period ending on September 30 or March 31,

during which he acquired options under subsec. (a), the Secretary

of each military department report those options to the Committees

on Armed Services of the Senate and House of Representatives.

1976 - Subsec. (c). Pub. L. 94-273 substituted ''September'' for

''June'' and ''March'' for ''December''.

1971 - Subsec. (b). Pub. L. 92-145 struck out requirement that

amount paid for option be credited to the purchase price if

acquisition of real property is completed.

1962 - Subsec. (a). Pub. L. 87-554 provided for acquisition of

option after acquisition of real property is authorized by law and

for need of option for military rather than public works project.

Subsec. (b). Pub. L. 87-554 struck out ''for each year the option

is to continue, and proportionately for any other period'' after

''fair market value of the property'' and provided for credit to

purchase price of the property if its acquisition is completed.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and

applicable to military construction projects, and to construction

and acquisition of military family housing authorized before, on,

or after such date, see section 12(a) of Pub. L. 97-214, set out as

an Effective Date note under section 2801 of this title.

-CITE-

10 USC Sec. 2678 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2678. Feral horses and burros: removal from military

installations

-STATUTE-

When feral horses or burros are found on an installation under

the jurisdiction of the Secretary of a military department, the

Secretary may use helicopters and motorized equipment for their

removal.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XIV, Sec. 1481(h)(1), Nov.

5, 1990, 104 Stat. 1708.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 101-165, title IX, Sec. 9030, Nov. 21, 1989, 103 Stat.

1135, which was set out as a note under section 2241 of this title,

prior to repeal by Pub. L. 101-510, Sec. 1481(h)(3).

A prior section 2678, added Pub. L. 85-861, Sec. 1(51), Sept. 2,

1958, 72 Stat. 1460, related to acquisition of mortgaged housing

units, prior to repeal by Pub. L. 97-214, Sec. 7(1), 12(a), July

12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable

to military construction projects, and to construction and

acquisition of military family housing authorized before, on, or

after such date.

-CITE-

10 USC Sec. 2679 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2679. Representatives of veterans' organizations: use of space

and equipment

-STATUTE-

(a) Upon certification to the Secretary concerned by the

Secretary of Veterans Affairs, the Secretary concerned shall allow

accredited, paid, full-time representatives of the organizations

named in section 5902 of title 38, or of other organizations

recognized by the Secretary of Veterans Affairs, to function on

military installations under the jurisdiction of that Secretary

concerned that are on land and from which persons are discharged or

released from active duty.

(b) The commanding officer of each of those military

installations shall allow the representatives described in

subsection (a) to use available space and equipment at that

installation.

(c) The regulations prescribed to carry out this section that are

in effect on January 1, 1958, remain in effect until changed by

joint action of the Secretary concerned and the Secretary of

Veterans Affairs.

(d) This section does not authorize the violation of measures of

military security.

-SOURCE-

(Added Pub. L. 87-651, title I, Sec. 112(c), Sept. 7, 1962, 76

Stat. 511; amended Pub. L. 101-189, div. A, title XVI, Sec.

1621(a)(9), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 103-337, div.

A, title X, Sec. 1070(e)(9), Oct. 5, 1994, 108 Stat. 2859.)

-MISC1-

HISTORICAL AND REVISION NOTES

The new section 2679 of title 10 is transferred from section 1220

of title 10.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-337 substituted ''section 5902 of

title 38'' for ''section 3402 of title 38''.

1989 - Subsec. (a). Pub. L. 101-189, Sec. 1621(a)(9)(A),

substituted ''the Secretary of Veterans Affairs, the Secretary

concerned'' for ''the Administrator of Veterans' Affairs, the

Secretary'', ''recognized by the Secretary of Veterans Affairs''

for ''recognized by the Administrator'', and ''of that Secretary

concerned'' for ''of that Secretary''.

Subsec. (c). Pub. L. 101-189, Sec. 1621(a)(9)(B), substituted

''the Secretary of Veterans Affairs'' for ''the Administrator''.

-CITE-

10 USC Sec. 2680 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2680. Leases: land for special operations activities

-STATUTE-

(a) Authority to Acquire Leaseholds. - The Secretary of Defense

may acquire a leasehold interest in real property if the Secretary

determines that the acquisition of such interest is necessary in

the interests of national security to facilitate special operations

activities of forces of the special operations command established

pursuant to section 167 of this title.

(b) Limitations on Authority. - (1) The Secretary may not acquire

a leasehold interest in any real property under subsection (a) if

the estimated annual rental cost of that real property exceeds

$500,000.

(2) The Secretary may not acquire more than five leasehold

interests in real property under subsection (a) during a fiscal

year.

(3) The term of a leasehold interest acquired under this section

shall not exceed one year.

(c) Construction or Modification of Facility on Leasehold. - The

Secretary may provide in a lease entered into under this section

for the construction or modification of any facility on the leased

property in order to facilitate the activities referred to in

subsection (a). The total cost of the construction or modification

of such facility may not exceed $750,000 in any fiscal year.

(d) Expiration of Authority. - The authority of the Secretary of

Defense to acquire a leasehold interest in real property under this

section shall expire on September 30, 2005. The expiration of that

authority shall not affect the validity of any contract entered

into under this section on or before that date.

(e) Reports. - Not later than March 1 of each year, the Secretary

of Defense shall submit to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of

Representatives a report that -

(1) identifies each leasehold interest acquired during the

previous fiscal year under subsection (a); and

(2) contains a discussion of each project for the construction

or modification of facilities carried out pursuant to subsection

(c) during such fiscal year.

-SOURCE-

(Added Pub. L. 102-190, div. B, title XXVIII, Sec. 2863(a)(1),

Dec. 5, 1991, 105 Stat. 1560; amended Pub. L. 103-160, div. B,

title XXVIII, Sec. 2807(a), Nov. 30, 1993, 107 Stat. 1887; Pub. L.

104-106, div. B, title XXVIII, Sec. 2820(a), (b), Feb. 10, 1996,

110 Stat. 556; Pub. L. 106-65, div. A, title X, Sec. 1067(1),

div. B, title XXVIII, Sec. 2811, Oct. 5, 1999, 113 Stat. 774, 851;

Pub. L. 107-314, div. A, title X, Sec. 1062(a)(13), Dec. 2, 2002,

116 Stat. 2650.)

-MISC1-

PRIOR PROVISIONS

A prior section 2680, added Pub. L. 87-651, title I, Sec. 112(c),

Sept. 7, 1962, 76 Stat. 511; amended Pub. L. 89-718, Sec. 20, Nov.

2, 1966, 80 Stat. 1118, authorized reimbursement of moving expenses

to owners of property acquired for public works projects, prior to

repeal by Pub. L. 91-646, title II, Sec. 220(a)(3), Jan. 2, 1971,

84 Stat. 1903. See section 4601 et seq. of Title 42, The Public

Health and Welfare.

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-314 struck out ''the'' before

''Armed Services of the Senate''.

1999 - Subsec. (d). Pub. L. 106-65, Sec. 2811, substituted

''September 30, 2005'' for ''September 30, 2000''.

Subsec. (e). Pub. L. 106-65, Sec. 1067(1), substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security'' in introductory provisions.

1996 - Subsec. (d). Pub. L. 104-106, Sec. 2820(a), substituted

''September 30, 2000'' for ''September 30, 1995''.

Subsec. (e). Pub. L. 104-106, Sec. 2820(b), added subsec. (e).

1993 - Subsec. (d). Pub. L. 103-160 substituted ''September 30,

1995'' for ''September 30, 1993''.

REPORTING REQUIREMENT

Section 2863(b) of Pub. L. 102-190, as amended by Pub. L.

103-160, div. B, title XXVIII, Sec. 2807(b), Nov. 30, 1993, 107

Stat. 1887, required Secretary of Defense to submit reports for the

years 1994, 1995, and 1996 to Congress identifying leasehold

interest acquisitions and discussing projects for the construction

or modification of facilities on leased property, prior to repeal

by Pub. L. 104-106, div. B, title XXVIII, Sec. 2820(c), Feb. 10,

1996, 110 Stat. 556. See subsec. (e) of this section.

-CITE-

10 USC Sec. 2681 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2681. Use of test and evaluation installations by commercial

entities

-STATUTE-

(a) Contract Authority. - The Secretary of Defense may enter into

contracts with commercial entities that desire to conduct

commercial test and evaluation activities at a Major Range and Test

Facility Installation.

(b) Termination or Limitation of Contract Under Certain

Circumstances. - A contract entered into under subsection (a) shall

contain a provision that the Secretary of Defense may terminate,

prohibit, or suspend immediately any commercial test or evaluation

activity to be conducted at the Major Range and Test Facility

Installation under the contract if the Secretary of Defense

certifies in writing that the test or evaluation activity is or

would be detrimental -

(1) to the public health and safety;

(2) to property (either public or private); or

(3) to any national security interest or foreign policy

interest of the United States.

(c) Contract Price. - A contract entered into under subsection

(a) shall include a provision that requires a commercial entity

using a Major Range and Test Facility Installation under the

contract to reimburse the Department of Defense for all direct

costs to the United States that are associated with the test and

evaluation activities conducted by the commercial entity under the

contract. In addition, the contract may include a provision that

requires the commercial entity to reimburse the Department of

Defense for such indirect costs related to the use of the

installation as the Secretary of Defense considers to be

appropriate. The Secretary may delegate to the commander of the

Major Range and Test Facility Installation the authority to

determine the appropriateness of the amount of indirect costs

included in such a contract provision.

(d) Retention of Funds Collected From Commercial Users. - Amounts

collected under subsection (c) from a commercial entity conducting

test and evaluation activities at a Major Range and Test Facility

Installation shall be credited to the appropriation accounts under

which the costs associated with the test and evaluation activities

of the commercial entity were incurred.

(e) Regulations and Limitations. - The Secretary of Defense shall

prescribe regulations to carry out this section.

(f) Definitions. - In this section:

(1) The term ''Major Range and Test Facility Installation''

means a test and evaluation installation under the jurisdiction

of the Department of Defense and designated as a Major Range and

Test Facility Installation by the Secretary.

(2) The term ''direct costs'' includes the cost of -

(A) labor, material, facilities, utilities, equipment,

supplies, and any other resources damaged or consumed during

test or evaluation activities or maintained for a particular

commercial entity; and

(B) construction specifically performed for a commercial

entity to conduct test and evaluation activities.

-SOURCE-

(Added Pub. L. 103-160, div. A, title VIII, Sec. 846(a), Nov. 30,

1993, 107 Stat. 1722; amended Pub. L. 105-85, div. A, title VIII,

Sec. 842, Nov. 18, 1997, 111 Stat. 1844; Pub. L. 105-261, div. A,

title VIII, Sec. 820, Oct. 17, 1998, 112 Stat. 2090.)

-MISC1-

PRIOR PROVISIONS

A prior section, added Pub. L. 87-651, title II, Sec. 209(a),

Sept. 7, 1962, 76 Stat. 523; amended Pub. L. 88-174, title V, Sec.

508, Nov. 7, 1963, 77 Stat. 326; Pub. L. 96-513, title V, Sec.

511(93), Dec. 12, 1980, 94 Stat. 2928, related to construction or

acquisition of family housing and community facilities in foreign

countries, prior to repeal by Pub. L. 97-214, Sec. 7(1), 12(a),

July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and

applicable to military construction projects, and to construction

and acquisition of military family housing authorized before, on,

or after such date.

AMENDMENTS

1998 - Subsec. (g). Pub. L. 105-261, Sec. 820(a), struck out

heading and text of subsec. (g). Text read as follows: ''The

authority provided to the Secretary of Defense by subsection (a)

shall terminate on September 30, 2002.''

Subsec. (h). Pub. L. 105-261, Sec. 820(b), struck out heading and

text of subsec. (h). Text read as follows: ''Not later than March

1, 1998, the Secretary of Defense shall submit to the Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives a report identifying existing and

proposed procedures to ensure that the use of Major Range and Test

Facility Installations by commercial entities does not compete with

private sector test and evaluation services.''

1997 - Subsec. (g). Pub. L. 105-85, Sec. 842(a), substituted

''2002'' for ''1998''.

Subsec. (h). Pub. L. 105-85, Sec. 842(b), amended subsec. (h)

generally. Prior to amendment, subsec. (h) read as follows:

''(h) Report. - Not later than January 1, 1998, the Secretary of

Defense shall submit to Congress a report describing the number and

purposes of contracts entered into under subsection (a) and

evaluating the extent to which the authority under this section is

exercised to open Major Range and Test Facility Installations to

commercial test and evaluation activities.''

-CITE-

10 USC Sec. 2682 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2682. Facilities for defense agencies

-STATUTE-

The maintenance and repair of a real property facility for an

activity or agency of the Department of Defense (other than a

military department) financed from appropriations for military

functions of the Department of Defense will be accomplished by or

through a military department designated by the Secretary of

Defense. A real property facility under the jurisdiction of the

Department of Defense which is used by an activity or agency of the

Department of Defense (other than a military department) shall be

under the jurisdiction of a military department designated by the

Secretary of Defense.

-SOURCE-

(Added Pub. L. 88-174, title VI, Sec. 609(a)(1), Nov. 7, 1963, 77

Stat. 329; amended Pub. L. 97-214, Sec. 10(a)(7), July 12, 1982, 96

Stat. 175.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-214 substituted ''maintenance and repair'' for

''construction, maintenance, rehabilitation, repair, alteration,

addition, expansion, or extension''.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and

applicable to military construction projects, and to construction

and acquisition of military family housing authorized before, on,

or after such date, see section 12(a) of Pub. L. 97-214, set out as

an Effective Date note under section 2801 of this title.

-CITE-

10 USC Sec. 2683 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2683. Relinquishment of legislative jurisdiction; minimum

drinking age on military installations

-STATUTE-

(a) Notwithstanding any other provision of law, the Secretary

concerned may, whenever he considers it desirable, relinquish to a

State, or to a Commonwealth, territory, or possession of the United

States, all or part of the legislative jurisdiction of the United

States over lands or interests under his control in that State,

Commonwealth, territory, or possession. Relinquishment of

legislative jurisdiction under this section may be accomplished (1)

by filing with the Governor (or, if none exists, with the chief

executive officer) of the State, Commonwealth, territory, or

possession concerned a notice of relinquishment to take effect upon

acceptance thereof, or (2) as the laws of the State, Commonwealth,

territory, or possession may otherwise provide.

(b) The authority granted by subsection (a) is in addition to and

not instead of that granted by any other provision of law.

(c)(1) Except as provided in paragraphs (2) and (3), the

Secretary concerned shall establish and enforce as the minimum

drinking age on a military installation located in a State the age

established by the law of that State as the State minimum drinking

age.

(2)(A) In the case of a military installation located -

(i) in more than one State; or

(ii) in one State but within 50 miles of another State or

Mexico or Canada,

the Secretary concerned may establish and enforce as the minimum

drinking age on that military installation the lowest applicable

age.

(B) In subparagraph (A), the term ''lowest applicable age'' means

the lowest minimum drinking age established by the law -

(i) of a State in which a military installation is located; or

(ii) of a State or jurisdiction of Mexico or Canada that is

within 50 miles of such military installation.

(3)(A) The commanding officer of a military installation may

waive the requirement of paragraph (1) if such commanding officer

determines that the exemption is justified by special

circumstances.

(B) The Secretary of Defense shall define by regulations what

constitute special circumstances for the purposes of this

paragraph.

(4) In this subsection:

(A) The term ''State'' includes the District of Columbia.

(B) The term ''minimum drinking age'' means the minimum age or

ages established for persons who may purchase, possess, or

consume alcoholic beverages.

-SOURCE-

(Added Pub. L. 91-511, title VI, Sec. 613(1), Oct. 26, 1970, 84

Stat. 1226; amended Pub. L. 92-545, title VIII, Sec. 707, Oct. 25,

1972, 86 Stat. 1154; Pub. L. 93-283, Sec. 3, May 14, 1974, 88 Stat.

141; Pub. L. 99-145, title XII, Sec. 1224(a), (b)(1), (c)(1), Nov.

8, 1985, 99 Stat. 728, 729; Pub. L. 99-661, div. A, title XIII,

Sec. 1343(a)(18), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100-526,

title I, Sec. 106(b)(2), Oct. 24, 1988, 102 Stat. 2625.)

-MISC1-

AMENDMENTS

1988 - Subsec. (c)(2)(B). Pub. L. 100-526, Sec. 106(b)(2)(A),

substituted ''the term 'lowest applicable age' '' for '' 'lowest

age' ''.

Subsec. (c)(4)(A). Pub. L. 100-526, Sec. 106(b)(2)(B)(i),

substituted ''The term 'State' '' for '' 'State' ''.

Subsec. (c)(4)(B). Pub. L. 100-526, Sec. 106(b)(2)(B)(ii),

substituted ''The term 'minimum' '' for '' 'Minimum' ''.

1986 - Subsec. (b). Pub. L. 99-661 struck out ''this'' before

''subsection (a)''.

1985 - Pub. L. 99-145, Sec. 1224(c)(1), inserted ''; minimum

drinking age on military installations'' in section catchline.

Subsec. (b). Pub. L. 99-145, Sec. 1224(b)(1), substituted

''subsection (a)'' for ''section''.

Subsec. (c). Pub. L. 99-145, Sec. 1224(a), added subsec. (c).

1974 - Subsec. (a). Pub. L. 93-283 substituted ''Secretary

concerned'' for ''Secretary of a military department''.

1972 - Subsec. (a). Pub. L. 92-545 provided for relinquishment of

all or part of legislative jurisdiction of the United States over

lands or interests to Commonwealths, territories, or possessions of

the United States.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 1224(d) of Pub. L. 99-145 provided that: ''The amendments

made by this section (amending this section and section 473 of

Title 50, Appendix, War and National Defense) shall take effect 90

days after the date of the enactment of this Act (Nov. 8, 1985).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 App. section 473.

-CITE-

10 USC Sec. 2684 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2684. Cooperative agreements for management of cultural

resources

-STATUTE-

(a) Authority. - The Secretary of Defense or the Secretary of a

military department may enter into a cooperative agreement with a

State or local government or other entity for the preservation,

management, maintenance, and improvement of cultural resources on

military installations and for the conduct of research regarding

the cultural resources. Activities under the cooperative agreement

shall be subject to the availability of funds to carry out the

cooperative agreement.

(b) Application of Other Laws. - Section 1535 and chapter 63 of

title 31 shall not apply to a cooperative agreement entered into

under this section.

(c) Cultural Resource Defined. - In this section, the term

''cultural resource'' means any of the following:

(1) A building, structure, site, district, or object eligible

for or included in the National Register of Historic Places

maintained under section 101(a) of the National Historic

Preservation Act (16 U.S.C. 470a(a)).

(2) Cultural items, as that term is defined in section 2(3) of

the Native American Graves Protection and Repatriation Act (25

U.S.C. 3001(3)).

(3) An archaeological resource, as that term is defined in

section 3(1) of the Archaeological Resources Protection Act of

1979 (16 U.S.C. 470bb(1)).

(4) An archaeological artifact collection and associated

records covered by section 79 of title 36, Code of Federal

Regulations.

-SOURCE-

(Added Pub. L. 104-201, div. B, title XXVIII, Sec. 2862(a), Sept.

23, 1996, 110 Stat. 2804; amended Pub. L. 105-85, div. A, title X,

Sec. 1073(a)(58), Nov. 18, 1997, 111 Stat. 1903.)

-MISC1-

PRIOR PROVISIONS

A prior section 2684, added Pub. L. 93-166, title V, Sec. 509(a),

Nov. 29, 1973, 87 Stat. 677, related to construction of family

quarters and limitations on space, prior to repeal by Pub. L.

97-214, Sec. 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176,

effective Oct. 1, 1982, and applicable to military construction

projects, and to construction and acquisition of military family

housing authorized before, on, or after such date. See section

2826 of this title.

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-85 struck out '', United States

Code,'' after ''title 31''.

-CITE-

10 USC Sec. 2684a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2684a. Agreements to limit encroachments and other constraints

on military training, testing, and operations

-STATUTE-

(a) Agreements Authorized. - The Secretary of Defense or the

Secretary of a military department may enter into an agreement with

an eligible entity described in subsection (b) to address the use

or development of real property in the vicinity of a military

installation for purposes of -

(1) limiting any development or use of the property that would

be incompatible with the mission of the installation; or

(2) preserving habitat on the property in a manner that -

(A) is compatible with environmental requirements; and

(B) may eliminate or relieve current or anticipated

environmental restrictions that would or might otherwise

restrict, impede, or otherwise interfere, whether directly or

indirectly, with current or anticipated military training,

testing, or operations on the installation.

(b) Eligible Entities. - An agreement under this section may be

entered into with any of the following:

(1) A State or political subdivision of a State.

(2) A private entity that has as its stated principal

organizational purpose or goal the conservation, restoration, or

preservation of land and natural resources, or a similar purpose

or goal, as determined by the Secretary concerned.

(c) Inapplicability of Certain Contract Requirements. - Chapter

63 of title 31 shall not apply to any agreement entered into under

this section.

(d) Acquisition and Acceptance of Property and Interests. - (1)

An agreement with an eligible entity under this section may provide

for -

(A) the acquisition by the entity of all right, title, and

interest in and to any real property, or any lesser interest in

the property, as may be appropriate for purposes of this section;

and

(B) the sharing by the United States and the entity of the

acquisition costs.

(2) Property or interests may not be acquired pursuant to the

agreement unless the owner of the property or interests consents to

the acquisition.

(3) The agreement shall require the entity to transfer to the

United States, upon the request of the Secretary concerned, all or

a portion of the property or interest acquired under the agreement

or a lesser interest therein. The Secretary shall limit such

transfer request to the minimum property or interests necessary to

ensure that the property concerned is developed and used in a

manner appropriate for purposes of this section.

(4) The Secretary concerned may accept on behalf of the United

States any property or interest to be transferred to the United

States under the agreement.

(5) For purposes of the acceptance of property or interests under

the agreement, the Secretary concerned may accept an appraisal or

title documents prepared or adopted by a non-Federal entity as

satisfying the applicable requirements of section 301 of the

Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970 (42 U.S.C. 4651) or section 3111 of title 40,

if the Secretary concerned finds that the appraisal or title

documents substantially comply with the requirements.

(e) Acquisition of Water Rights. - The authority of the Secretary

concerned to enter into an agreement under this section for the

acquisition of real property (or an interest therein) includes the

authority to support the purchase of water rights from any

available source when necessary to support or protect the mission

of a military installation.

(f) Additional Terms and Conditions. - The Secretary concerned

may require such additional terms and conditions in an agreement

under this section as the Secretary considers appropriate to

protect the interests of the United States.

(g) Funding. - (1) Except as provided in paragraph (2), funds

authorized to be appropriated for operation and maintenance of the

Army, Navy, Marine Corps, Air Force, or Defense-wide activities may

be used to enter into agreements under this section.

(2) In the case of a military installation operated primarily

with funds authorized to be appropriated for research, development,

test, and evaluation, funds authorized to be appropriated for the

Army, Navy, Marine Corps, Air Force, or Defense-wide activities for

research, development, test, and evaluation may be used to enter

into agreements under this section with respect to the

installation.

(h) Definitions. - In this section:

(1) The term ''Secretary concerned'' means the Secretary of

Defense or the Secretary of a military department.

(2) The term ''State'' includes the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern

Marianas, and the territories and possessions of the United

States.

-SOURCE-

(Added Pub. L. 107-314, div. B, title XXVIII, Sec. 2811(a), Dec.

2, 2002, 116 Stat. 2705.)

-CITE-

10 USC Sec. 2685 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2685. Adjustment of or surcharge on selling prices in

commissary stores to provide funds for construction and

improvement of commissary store facilities

-STATUTE-

(a) Adjustment or Surcharge Authorized. - Notwithstanding any

other provision of law, the Secretary of Defense may, for the

purposes of this section, provide for an adjustment of, or

surcharge on, sales prices of goods and services sold in commissary

store facilities.

(b) Use for Construction, Repair, Improvement, and Maintenance. -

(1) The Secretary of Defense may use the proceeds from the

adjustments or surcharges authorized by subsection (a) only -

(A) to acquire (including acquisition by lease), construct,

convert, expand, improve, repair, maintain, and equip the

physical infrastructure of commissary stores and central product

processing facilities of the defense commissary system; and

(B) to cover environmental evaluation and construction costs

related to activities described in paragraph (1), including costs

for surveys, administration, overhead, planning, and design.

(2) In paragraph (1), the term ''physical infrastructure''

includes real property, utilities, and equipment (installed and

free standing and including computer equipment), necessary to

provide a complete and usable commissary store or central product

processing facility.

(c) Advance Obligation. - The Secretary of Defense, with the

approval of the Director of the Office of Management and Budget,

may obligate anticipated proceeds from the adjustments or

surcharges authorized by subsection (a) for any use specified in

subsection (b) or (d), without regard to fiscal year limitations,

if the Secretary determines that such obligation is necessary to

carry out any use of such adjustments or surcharges specified in

subsection (b) or (d).

(d) Cooperation With Nonappropriated Fund Instrumentalities. -

(1) The Secretary of Defense 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.

(e) Other Sources of Funds for Construction and Improvements. -

Revenues received by the Secretary of Defense from the following

sources or activities of commissary store facilities shall be

available for the purposes set forth in subsections (b), (c), and

(d):

(1) Sale of recyclable materials.

(2) Sale of excess and surplus property.

(3) License fees.

(4) Royalties.

(5) Fees paid by sources of products in order to obtain

favorable display of the products for resale, known as business

related management fees.

-SOURCE-

(Added Pub. L. 93-552, title VI, Sec. 611, Dec. 27, 1974, 88 Stat.

1765; amended Pub. L. 95-82, title VI, Sec. 614, Aug. 1, 1977, 91

Stat. 380; Pub. L. 97-321, title VIII, Sec. 804, Oct. 15, 1982, 96

Stat. 1572; Pub. L. 103-337, div. B, title XXVIII, Sec. 2851, Oct.

5, 1994, 108 Stat. 3072; Pub. L. 105-85, div. A, title III, Sec.

374, Nov. 18, 1997, 111 Stat. 1707; Pub. L. 106-398, Sec. 1 ((div.

A), title III, Sec. 333(a), (b)), Oct. 30, 2000, 114 Stat. 1654,

1654A-60.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 ((div. A), title III,

Sec. 333(b)(1)), substituted ''Secretary of Defense'' for

''Secretary of a military department, under regulations established

by him and approved by the Secretary of Defense,''.

Subsec. (b). Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec.

333(a)), amended heading and text of subsec. (b) generally. Prior

to amendment, text read as follows: ''The Secretary of a military

department, under regulations established by him and approved by

the Secretary of Defense, may use the proceeds from the adjustments

or surcharges authorized by subsection (a) to acquire, construct,

convert, expand, install, or otherwise improve commissary store

facilities at defense installations and for related environmental

evaluation and construction costs, including surveys,

administration, overhead, planning, and design.''

Subsec. (c). Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec.

333(b)(2)), substituted ''Secretary of Defense, with the approval

of'' for ''Secretary of a military department, with the approval of

the Secretary of Defense and'' and ''Secretary determines'' for

''Secretary of the military department determines''.

Subsec. (d)(1). Pub. L. 106-398, Sec. 1 ((div. A), title III,

Sec. 333(b)(3)), substituted ''Secretary of Defense'' for

''Secretary of a military department''.

1997 - Subsecs. (a) to (d). Pub. L. 105-85, Sec. 374(b), inserted

subsec. headings.

Subsec. (e). Pub. L. 105-85, Sec. 374(a), added subsec. (e).

1994 - Subsec. (c). Pub. L. 103-337, Sec. 2851(b), inserted ''or

(d)'' after ''subsection (b)'' in two places.

Subsec. (d). Pub. L. 103-337, Sec. 2851(a), added subsec. (d).

1982 - Subsec. (c). Pub. L. 97-321 added subsec. (c).

1977 - Subsec. (b). Pub. L. 95-82 struck out ''within the United

States'' after ''defense installations''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec. 333(c)), Oct.

30, 2000, 114 Stat. 1654, 1654A-60, provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect on

October 1, 2001.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2486 of this title.

-CITE-

10 USC Sec. 2686 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2686. Utilities and services: sale; expansion and extension of

systems and facilities

-STATUTE-

(a) Under such regulations and for such periods and at such

prices as he may prescribe, the Secretary concerned or his designee

may sell or contract to sell to purchasers within or in the

immediate vicinity of an activity of the Army, Navy, Air Force,

Marine Corps, or Coast Guard, as the case may be, any of the

following utilities and related services, if it is determined that

they are not available from another local source and that the sale

is in the interest of national defense or in the public interest:

(1) Electric power.

(2) Steam.

(3) Compressed air.

(4) Water.

(5) Sewage and garbage disposal.

(6) Natural, manufactured, or mixed gas.

(7) Ice.

(8) Mechanical refrigeration.

(9) Telephone service.

(b) Proceeds of sales under subsection (a) shall be credited to

the appropriation currently available for the supply of that

utility or service.

(c) To meet local needs the Secretary concerned may make minor

expansions and extensions of any distributing system or facility

within an activity through which a utility or service is furnished

under subsection (a).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 141, Sec. 2481; Pub. L. 86-156,

Aug. 14, 1959, 73 Stat. 338; renumbered Sec. 2686, Pub. L. 105-85,

div. A, title III, Sec. 371(b)(1), Nov. 18, 1997, 111 Stat. 1705.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2481(a) 5:626s. 5:626s-1 July 30, 1947, ch.

(less words between 394, 61 Stat. 675;

semicolon and Aug. 8, 1949, ch.

colon). 10:1269. 403, Sec. 5, 63

Stat. 576.

10:1269a (less words

between semicolon

and colon).

34:553a.

34:553b (less words

between semicolon

and colon).

2481(b) 5:626s-1 (words

between semicolon

and colon).

10:1269a (words

between semicolon

and colon).

34:553b (words

between semicolon

and colon).

2481(c) 5:626s-2.

10:1269b.

34:553c.

-------------------------------

In subsection (a), the words ''within his establishment'', ''of

time'', and the opening clauses of 5:626s-1, 10:1269a, and 34:553b,

are omitted as surplusage. The words ''not available from another

local source'' are substituted for the words ''not otherwise

available from local private or public sources''.

In subsection (b), the words ''of sales under subsection (a)''

are substituted for the words ''received for any such utilities and

related services sold pursuant to the authority of said

sections''. The words ''or appropriations'' are omitted as

surplusage.

PRIOR PROVISIONS

A prior section 2686, added Pub. L. 95-82, title V, Sec.

504(a)(1), Aug. 1, 1977, 91 Stat. 371; amended Pub. L. 95-356,

title V, Sec. 503(a), Sept. 8, 1978, 92 Stat. 579; Pub. L. 96-125,

title V, Sec. 502(a), Nov. 26, 1979, 93 Stat. 940; Pub. L. 96-418,

title V, Sec. 504(a), Oct. 10, 1980, 94 Stat. 1765, related to

military family housing leases, prior to repeal by Pub. L. 97-214,

Sec. 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct.

1, 1982, and applicable to military construction projects, and to

construction and acquisition of military family housing authorized

before, on, or after such date. See section 2828(a), (b) of this

title.

AMENDMENTS

1997 - Pub. L. 105-85 renumbered section 2481 of this title as

this section.

1959 - Subsec. (a). Pub. L. 86-156, Sec. 1(1), substituted

''concerned'' for ''of a military department'' and inserted ''or

Coast Guard,'' after ''Marine Corps,''.

Subsec. (c). Pub. L. 86-156, Sec. 1(2), struck out ''of the

military department'' after ''Secretary''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2814 of this title.

-CITE-

10 USC Sec. 2687 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2687. Base closures and realignments

-STATUTE-

(a) Notwithstanding any other provision of law, no action may be

taken to effect or implement -

(1) the closure of any military installation at which at least

300 civilian personnel are authorized to be employed;

(2) any realignment with respect to any military installation

referred to in paragraph (1) involving a reduction by more than

1,000, or by more than 50 percent, in the number of civilian

personnel authorized to be employed at such military installation

at the time the Secretary of Defense or the Secretary of the

military department concerned notifies the Congress under

subsection (b) of the Secretary's plan to close or realign such

installation; or

(3) any construction, conversion, or rehabilitation at any

military facility other than a military installation referred to

in clause (1) or (2) which will or may be required as a result of

the relocation of civilian personnel to such facility by reason

of any closure or realignment to which clause (1) or (2) applies,

unless and until the provisions of subsection (b) are complied

with.

(b) No action described in subsection (a) with respect to the

closure of, or a realignment with respect to, any military

installation referred to in such subsection may be taken unless and

until -

(1) the Secretary of Defense or the Secretary of the military

department concerned notifies the Committee on Armed Services of

the Senate and the Committee on Armed Services of the House of

Representatives, as part of an annual request for authorization

of appropriations to such Committees, of the proposed closing or

realignment and submits with the notification an evaluation of

the fiscal, local economic, budgetary, environmental, strategic,

and operational consequences of such closure or realignment; and

(2) a period of 30 legislative days or 60 calendar days,

whichever is longer, expires following the day on which the

notice and evaluation referred to in clause (1) have been

submitted to such committees, during which period no irrevocable

action may be taken to effect or implement the decision.

(c) This section shall not apply to the closure of a military

installation, or a realignment with respect to a military

installation, if the President certifies to the Congress that such

closure or realignment must be implemented for reasons of national

security or a military emergency.

(d)(1) After the expiration of the period of time provided for in

subsection (b)(2) with respect to the closure or realignment of a

military installation, funds which would otherwise be available to

the Secretary to effect the closure or realignment of that

installation may be used by him for such purpose.

(2) Nothing in this section restricts the authority of the

Secretary to obtain architectural and engineering services under

section 2807 of this title.

(e) In this section:

(1) The term ''military installation'' means a base, camp,

post, station, yard, center, homeport facility for any ship, or

other activity under the jurisdiction of the Department of

Defense, including any leased facility, which is located within

any of the several States, the District of Columbia, the

Commonwealth of Puerto Rico, American Samoa, the Virgin Islands,

or Guam. Such term does not include any facility used primarily

for civil works, rivers and harbors projects, or flood control

projects.

(2) The term ''civilian personnel'' means direct-hire,

permanent civilian employees of the Department of Defense.

(3) The term ''realignment'' includes any action which both

reduces and relocates functions and civilian personnel positions,

but does not include a reduction in force resulting from workload

adjustments, reduced personnel or funding levels, skill

imbalances, or other similar causes.

(4) The term ''legislative day'' means a day on which either

House of Congress is in session.

-SOURCE-

(Added Pub. L. 95-82, title VI, Sec. 612(a), Aug. 1, 1977, 91 Stat.

379; amended Pub. L. 95-356, title VIII, Sec. 805, Sept. 8, 1978,

92 Stat. 586; Pub. L. 97-214, Sec. 10(a)(8), July 12, 1982, 96

Stat. 175; Pub. L. 98-525, title XIV, Sec. 1405(41), Oct. 19, 1984,

98 Stat. 2624; Pub. L. 99-145, title XII, Sec. 1202(a), Nov. 8,

1985, 99 Stat. 716; Pub. L. 100-180, div. A, title XII, Sec.

1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101-510, div. B,

title XXIX, Sec. 2911, Nov. 5, 1990, 104 Stat. 1819; Pub. L.

104-106, div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110

Stat. 502; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5,

1999, 113 Stat. 774.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(1). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (b)(1). Pub. L. 104-106 substituted ''Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives'' for ''Committees on Armed

Services of the Senate and House of Representatives''.

1990 - Subsec. (e)(1). Pub. L. 101-510 inserted ''homeport

facility for any ship,'' after ''center,'' and substituted ''under

the jurisdiction of the Department of Defense, including any leased

facility,'' for ''under the jurisdiction of the Secretary of a

military department''.

1987 - Subsec. (e). Pub. L. 100-180 inserted ''The term'' after

each par. designation and revised first word in quotes in each par.

to make initial letter of such word lowercase.

1985 - Pub. L. 99-145 amended section generally, thereby applying

the section only to closure of bases with more than 300 civilian

personnel authorized to be employed and to realignments involving a

reduction by more than 1,000, or by more than 50 percent, in the

number of civilian personnel authorized to be employed at bases

with more than 300 authorized civilian employees, striking out

advance public notice required by the Secretary of Defense or the

Secretary of the military department concerned when an installation

is a candidate for closure or realignment, requiring that all base

closure or realignment proposals be submitted to the Committee on

Armed Services of the Senate and of the House of Representatives as

part of the annual budget request and that such proposals contain

an evaluation of the fiscal, local economic, budgetary,

environmental, strategic, and operational consequences of such

action, providing that no irrevocable action to implement the

closure to realignment could be taken until the expiration of 30

legislative days or 60 calendar days, whichever is longer, and

making explicit the authority of the Secretary to obtain

architectural and engineering services under section 2807 of this

title and to use funds that would otherwise be available to effect

the closure or realignment after expiration of the notice period.

1984 - Subsec. (a)(2). Pub. L. 98-525, Sec. 1405(41)(A),

substituted ''1,000'' for ''one thousand''.

Subsec. (b)(2). Pub. L. 98-525, Sec. 1405(41)(B), inserted ''(42

U.S.C. 4321 et seq.)''.

Subsec. (b)(4). Pub. L. 98-525, Sec. 1405(41)(C), substituted

''60'' for ''sixty''.

Subsec. (d)(1)(B). Pub. L. 98-525, Sec. 1405(41)(D), substituted

''300'' for ''three hundred''.

1982 - Subsec. (d)(1). Pub. L. 97-214 substituted ''a base, camp,

post, station, yard, center, or other activity under the

jurisdiction of the Secretary of a military department'' for ''any

camp, post, station, base, yard, or other facility under the

authority of the Department of Defense''.

1978 - Subsec. (d)(1)(B). Pub. L. 95-356 substituted ''three

hundred'' for ''five hundred''.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 1202(b) of Pub. L. 99-145 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply to

closures and realignments completed on or after the date of the

enactment of this Act (Nov. 8, 1985), except that any action taken

to effect or implement any closure or realignment for which a

public announcement was made pursuant to section 2687(b)(1) of

title 10, United States Code, after April 1, 1985, and before the

date of enactment of this Act shall be subject to the provisions of

section 2687 of such title as in effect on the day before such date

of enactment.''

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and

applicable to military construction projects, and to construction

and acquisition of military family housing authorized before, on,

or after such date, see section 12(a) of Pub. L. 97-214, set out as

an Effective Date note under section 2801 of this title.

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-526, Sec. 1, Oct. 24, 1988, 102 Stat. 2623, provided

that: ''This Act (amending sections 1095a, 2324, 2683, and 4415 of

this title, enacting provisions set out as notes under this section

and sections 154 and 2306 of this title, and amending provisions

set out as notes under section 2324 of this title) may be cited as

the 'Defense Authorization Amendments and Base Closure and

Realignment Act'.''

EFFECTIVE DATE OF 1994 AMENDMENTS BY SECTION 2813(D)(1) AND (2) OF

PUB. L. 103-337

Pub. L. 103-337, div. B, title XXVIII, Sec. 2813(d)(3), Oct. 5,

1994, 108 Stat. 3055, provided that: ''The amendments made by

paragraphs (1) and (2) (amending section 209(10) of Pub. L. 100-526

and section 2910(9) of Pub. L. 101-510, set out below) shall take

effect as if included in the amendments made by section 2918 of the

National Defense Authorization Act for Fiscal Year 1994 (Public Law

103-160; 107 Stat. 1927).''

EFFECTIVE DATE OF 1991 AMENDMENTS BY SECTION 344 OF PUB. L. 102-190

Pub. L. 102-190, div. A, title III, Sec. 344(c), Dec. 5, 1991,

105 Stat. 1346, provided that: ''The amendments made by this

section (amending provisions set out as notes below) shall apply

with regard to the transfer or disposal of any real property or

facility pursuant to title II of the Defense Authorization

Amendments and Base Closure and Realignment Act (Pub. L. 100-526,

set out below) or the Defense Base Closure and Realignment Act of

1990 (part A of title XXIX of div. B of Pub. L. 101-510, set out

below) occurring on or after the date of the enactment of this Act

(Dec. 5, 1991).''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

REPORT ON CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS

Pub. L. 105-85, div. B, title XXVIII, Sec. 2824, Nov. 18, 1997,

111 Stat. 1998, as amended by Pub. L. 105-277, div. A, Sec. 101(f)

(title VIII, Sec. 405(d)(9), (f)(8)), Oct. 21, 1998, 112 Stat.

2681-337, 2681-420, 2681-430, provided that:

''(a) Report. - (1) The Secretary of Defense shall prepare and

submit to the congressional defense committees (Committees on Armed

Services and Appropriations of Senate and House of Representatives)

a report on the costs and savings attributable to the rounds of

base closures and realignments conducted under the base closure

laws and on the need, if any, for additional rounds of base

closures and realignments.

''(2) For purposes of this section, the term 'base closure laws'

means -

''(A) title II of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687

note); and

''(B) the Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687

note).

''(b) Elements. - The report under subsection (a) shall include

the following:

''(1) A statement, using data consistent with budget data, of

the actual costs and savings (to the extent available for prior

fiscal years) and the estimated costs and savings (in the case of

future fiscal years) attributable to the closure and realignment

of military installations as a result of the base closure laws.

''(2) A comparison, set forth by base closure round, of the

actual costs and savings stated under paragraph (1) to the

estimates of costs and savings submitted to the Defense Base

Closure and Realignment Commission as part of the base closure

process.

''(3) A comparison, set forth by base closure round, of the

actual costs and savings stated under paragraph (1) to the annual

estimates of costs and savings previously submitted to Congress.

''(4) A list of each military installation at which there is

authorized to be employed 300 or more civilian personnel, set

forth by Armed Force.

''(5) An estimate of current excess capacity at military

installations, set forth -

''(A) as a percentage of the total capacity of the military

installations of the Armed Forces with respect to all military

installations of the Armed Forces;

''(B) as a percentage of the total capacity of the military

installations of each Armed Force with respect to the military

installations of such Armed Force; and

''(C) as a percentage of the total capacity of a type of

military installations with respect to military installations

of such type.

''(6) An assessment of the effect of the previous base closure

rounds on military capabilities and the ability of the Armed

Forces to fulfill the National Military Strategy.

''(7) A description of the types of military installations that

would be recommended for closure or realignment in the event of

one or more additional base closure rounds, set forth by Armed

Force.

''(8) The criteria to be used by the Secretary in evaluating

military installations for closure or realignment in such event.

''(9) The methodologies to be used by the Secretary in

identifying military installations for closure or realignment in

such event.

''(10) An estimate of the costs and savings that the Secretary

believes will be achieved as a result of the closure or

realignment of military installations in such event, set forth by

Armed Force and by year.

''(11) An assessment of whether the costs and estimated savings

from one or more future rounds of base closures and realignments,

currently unauthorized, are already contained in the current

Future Years Defense Plan, and, if not, whether the Secretary

will recommend modifications in future defense spending in order

to accommodate such costs and savings.

''(c) Method of Presenting Information. - The statement and

comparison required by paragraphs (1) and (2) of subsection (b)

shall be set forth by Armed Force, type of facility, and fiscal

year, and include the following:

''(1) Operation and maintenance costs, including costs

associated with expanded operations and support, maintenance of

property, administrative support, and allowances for housing at

military installations to which functions are transferred as a

result of the closure or realignment of other installations.

''(2) Military construction costs, including costs associated

with rehabilitating, expanding, and constructing facilities to

receive personnel and equipment that are transferred to military

installations as a result of the closure or realignment of other

installations.

''(3) Environmental cleanup costs, including costs associated

with assessments and restoration.

''(4) Economic assistance costs, including -

''(A) expenditures on Department of Defense demonstration

projects relating to economic assistance;

''(B) expenditures by the Office of Economic Adjustment; and

''(C) to the extent available, expenditures by the Economic

Development Administration, the Federal Aviation

Administration, and the Department of Labor relating to

economic assistance.

''(5) To the extent information is available, unemployment

compensation costs, early retirement benefits (including benefits

paid under section 5597 of title 5, United States Code), and

worker retraining expenses under the Priority Placement Program,

the (sic) title I of the Workforce Investment Act of 1998 (29

U.S.C. 2801 et seq.), and any other federally funded job training

program.

''(6) Costs associated with military health care.

''(7) Savings attributable to changes in military force

structure.

''(8) Savings due to lower support costs with respect to

military installations that are closed or realigned.

''(d) Deadline. - The Secretary shall submit the report under

subsection (a) not later than the date on which the President

submits to Congress the budget for fiscal year 2000 under section

1105(a) of title 31, United States Code.

''(e) Review. - The Congressional Budget Office and the

Comptroller General shall conduct a review of the report prepared

under subsection (a).

''(f) Prohibition on Use of Funds. - Except as necessary to

prepare the report required under subsection (a), no funds

authorized to be appropriated or otherwise made available to the

Department of Defense by this Act or any other Act may be used for

the purposes of planning for, or collecting data in anticipation

of, an authorization providing for procedures under which the

closure and realignment of military installations may be

accomplished, until the later of -

''(1) the date on which the Secretary submits the report

required by subsection (a); and

''(2) the date on which the Congressional Budget Office and the

Comptroller General complete a review of the report under

subsection (e).

''(g) Sense of Congress. - It is the sense of the Congress that -

''(1) the Secretary should develop a system having the capacity

to quantify the actual costs and savings attributable to the

closure and realignment of military installations pursuant to the

base closure process; and

''(2) the Secretary should develop the system in expedient

fashion, so that the system may be used to quantify costs and

savings attributable to the 1995 base closure round.''

RETENTION OF CIVILIAN EMPLOYEE POSITIONS AT MILITARY TRAINING BASES

TRANSFERRED TO NATIONAL GUARD

Pub. L. 104-201, div. A, title XVI, Sec. 1602, Sept. 23, 1996,

110 Stat. 2734, provided that:

''(a) Retention of Employee Positions. - In the case of a

military training installation described in subsection (b), the

Secretary of Defense shall retain civilian employee positions of

the Department of Defense at the installation after transfer to the

National Guard to facilitate active and reserve component training

at the installation. The Secretary shall determine the extent to

which positions at the installation are to be retained as positions

of the Department of Defense in consultation with the Adjutant

General of the National Guard of the State in which the

installation is located.

''(b) Military Training Installations Affected. - This section

applies with respect to each military training installation that -

''(1) was approved for closure in 1995 under the Defense Base

Closure and Realignment Act of 1990 (part A of title XXIX of

Public Law 101-510; 10 U.S.C. 2687 note);

''(2) is scheduled for transfer to National Guard operation and

control; and

''(3) will continue to be used, after such transfer, to provide

training support to active and reserve components of the Armed

Forces.

''(c) Maximum Positions Retained. - The number of civilian

employee positions retained at an installation under this section

may not exceed 20 percent of the Federal civilian workforce

employed at the installation as of September 8, 1995.

''(d) Removal of Position. - The requirement to maintain a

civilian employee position at an installation under this section

terminates upon the later of the following:

''(1) The date of the departure or retirement from that

position by the civilian employee initially employed or retained

in the position as a result of this section.

''(2) The date on which the Secretary certifies to Congress

that the position is no longer required to ensure that effective

support is provided at the installation for active and reserve

component training.''

USE OF FUNDS TO IMPROVE LEASED PROPERTY

Section 2837(b) of Pub. L. 104-106 provided that:

''Notwithstanding any other provision of law, a department or

agency of the Federal Government that enters into a lease of

property under section 2905(b)(4)(C) (now 2905(b)(4)(E)) 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), as amended by

subsection (a), may improve the leased property using funds

appropriated or otherwise available to the department or agency for

such purpose.''

REGULATIONS TO CARRY OUT SECTION 204(E) OF PUB. L. 100-526 AND

SECTION 2905(F) OF PUB. L. 101-510

Section 2840(c) of Pub. L. 104-106 provided that: ''Not later

than nine months after the date of the enactment of this Act (Feb.

10, 1996), the Secretary of Defense shall prescribe any regulations

necessary to carry out subsection (e) of section 204 of the Defense

Authorization Amendments and Base Closure and Realignment Act

(Public Law 100-526; 10 U.S.C. 2687 note), as added by subsection

(a), and subsection (f) of section 2905 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), as added by subsection (b).''

PROHIBITION ON OBLIGATION OF FUNDS FOR PROJECTS ON INSTALLATIONS

CITED FOR REALIGNMENT

Pub. L. 104-6, title I, Sec. 112, Apr. 10, 1995, 109 Stat. 82,

provided that: ''None of the funds made available to the Department

of Defense for any fiscal year for military construction or family

housing may be obligated to initiate construction projects upon

enactment of this Act (Apr. 10, 1995) for any project on an

installation that -

''(1) was included in the closure and realignment

recommendations submitted by the Secretary of Defense to the Base

Closure and Realignment Commission on February 28, 1995, unless

removed by the Base Closure and Realignment Commission, or

''(2) is included in the closure and realignment recommendation

as submitted to Congress in 1995 in accordance with the Defense

Base Closure and Realignment Act of 1990, as amended (Public Law

101-510) (part A of title XXIX of div. B of Pub. L. 101-510, set

out below):

Provided, That the prohibition on obligation of funds for projects

located on an installation cited for realignment are only to be in

effect if the function or activity with which the project is

associated will be transferred from the installation as a result of

the realignment: Provided further, That this provision will remain

in effect unless the Congress enacts a Joint Resolution of

Disapproval in accordance with the Defense Base Closure and

Realignment Act of 1990, as amended (Public Law 101-510).''

APPLICABILITY TO INSTALLATIONS APPROVED FOR CLOSURE BEFORE

ENACTMENT OF PUB. L. 103-421

Pub. L. 103-421, Sec. 2(e), Oct. 25, 1994, 108 Stat. 4352, as

amended by Pub. L. 104-106, div. A, title XV, Sec. 1505(f), Feb.

10, 1996, 110 Stat. 515; Pub. L. 107-107, div. A, title X, Sec.

1048(d)(5), Dec. 28, 2001, 115 Stat. 1227, provided that:

''(1)(A) Notwithstanding any provision of the 1988 base closure

Act or the 1990 base closure Act, as such provision was in effect

on the day before the date of the enactment of this Act (Oct. 25,

1994), and subject to subparagraphs (B) and (C), the use to assist

the homeless of building and property at military installations

approved for closure under the 1988 base closure Act or the 1990

base closure Act, as the case may be, before such date shall be

determined in accordance with the provisions of paragraph (7) of

section 2905(b) of the 1990 base closure Act, as amended by

subsection (a), in lieu of the provisions of the 1988 base closure

Act or the 1990 base closure Act that would otherwise apply to the

installations.

''(B)(i) The provisions of such paragraph (7) shall apply to an

installation referred to in subparagraph (A) only if the

redevelopment authority for the installation submits a request to

the Secretary of Defense not later than 60 days after the date of

the enactment of this Act.

''(ii) In the case of an installation for which no redevelopment

authority exists on the date of the enactment of this Act, the

chief executive officer of the State in which the installation is

located shall submit the request referred to in clause (i) and act

as the redevelopment authority for the installation.

''(C) The provisions of such paragraph (7) shall not apply to any

buildings or property at an installation referred to in

subparagraph (A) for which the redevelopment authority submits a

request referred to in subparagraph (B) within the time specified

in such subparagraph (B) if the buildings or property, as the case

may be, have been transferred or leased for use to assist the

homeless under the 1988 base closure Act or the 1990 base closure

Act, as the case may be, before the date of the enactment of this

Act.

''(2) For purposes of the application of such paragraph (7) to

the buildings and property at an installation, the date on which

the Secretary receives a request with respect to the installation

under paragraph (1) shall be treated as the date on which the

Secretary of Defense completes the final determination referred to

in subparagraph (B) of such paragraph (7).

''(3) Upon receipt under paragraph (1)(B) of a timely request

with respect to an installation, the Secretary of Defense shall

publish in the Federal Register and in a newspaper of general

circulation in the communities in the vicinity of the installation

information describing the redevelopment authority for the

installation.

''(4)(A) The Secretary of Housing and Urban Development and the

Secretary of Health and Human Services shall not, during the 60-day

period beginning on the date of the enactment of this Act (Oct. 25,

1994), carry out with respect to any military installation approved

for closure under the 1988 base closure Act or the 1990 base

closure Act before such date any action required of such

Secretaries under the 1988 base closure Act or the 1990 base

closure Act, as the case may be, or under section 501 of the

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).

''(B)(i) Upon receipt under paragraph (1)(A) of a timely request

with respect to an installation, the Secretary of Defense shall

notify the Secretary of Housing and Urban Development and the

Secretary of Health and Human Services that the disposal of

buildings and property at the installation shall be determined

under such paragraph (7) in accordance with this subsection.

''(ii) Upon receipt of a notice with respect to an installation

under this subparagraph, the requirements, if any, of the Secretary

of Housing and Urban Development and the Secretary of Health and

Human Services with respect to the installation under the

provisions of law referred to in subparagraph (A) shall terminate.

''(iii) Upon receipt of a notice with respect to an installation

under this subparagraph, the Secretary of Health and Human Services

shall notify each representative of the homeless that submitted to

that Secretary an application to use buildings or property at the

installation to assist the homeless under the 1988 base closure Act

or the 1990 base closure Act, as the case may be, that the use of

buildings and property at the installation to assist the homeless

shall be determined under such paragraph (7) in accordance with

this subsection.

''(5) In preparing a redevelopment plan for buildings and

property at an installation covered by such paragraph (7) by reason

of this subsection, the redevelopment authority concerned shall -

''(A) consider and address specifically any applications for

use of such buildings and property to assist the homeless that

were received by the Secretary of Health and Human Services under

the 1988 base closure Act or the 1990 base closure Act, as the

case may be, before the date of the enactment of this Act (Oct.

25, 1994) and are pending with that Secretary on that date; and

''(B) in the case of any application by representatives of the

homeless that was approved by the Secretary of Health and Human

Services before the date of enactment of this Act, ensure that

the plan adequately addresses the needs of the homeless

identified in the application by providing such representatives

of the homeless with -

''(i) properties, on or off the installation, that are

substantially equivalent to the properties covered by the

application;

''(ii) sufficient funding to secure such substantially

equivalent properties;

''(iii) services and activities that meet the needs

identified in the application; or

''(iv) a combination of the properties, funding, and services

and activities described in clauses (i), (ii), and (iii).

''(6) In the case of an installation to which the provisions of

such paragraph (7) apply by reason of this subsection, the date

specified by the redevelopment authority for the installation under

subparagraph (D) of such paragraph (7) shall be not less than 1

month and not more than 6 months after the date of the submittal of

the request with respect to the installation under paragraph

(1)(B).

''(7) For purposes of this subsection:

''(A) The term '1988 base closure Act' means title II of the

Defense Authorization Amendments and Base Closure and Realignment

Act (Public Law 100-526; 10 U.S.C. 2687 note).

''(B) The term '1990 base closure Act' means the Defense Base

Closure and Realignment Act of 1990 (part A of title XXIX of

Public Law 101-510; 10 U.S.C. 2687 note).''

PREFERENCE FOR LOCAL RESIDENTS

Pub. L. 103-337, div. A, title VIII, Sec. 817, Oct. 5, 1994, 108

Stat. 2820, provided that:

''(a) Preference Allowed. - In entering into contracts with

private entities for services to be performed at a military

installation that is affected by closure or alignment under a base

closure law, the Secretary of Defense may give preference,

consistent with Federal, State, and local laws and regulations, to

entities that plan to hire, to the maximum extent practicable,

residents of the vicinity of such military installation to perform

such contracts. Contracts for which the preference may be given

include contracts to carry out environmental restoration activities

or construction work at such military installations. Any such

preference may be given for a contract only if the services to be

performed under the contract at the military installation concerned

can be carried out in a manner that is consistent with all other

actions at the installation that the Secretary is legally required

to undertake.

''(b) Definition. - In this section, the term 'base closure law'

means the following:

''(1) The provisions of title II of the Defense Authorization

Amendments and Base Closure and Realignment Act (Public Law

100-526; 10 U.S.C. 2687 note).

''(2) The Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687

note).

''(c) Applicability. - Any preference given under subsection (a)

shall apply only with respect to contracts entered into after the

date of the enactment of this Act (Oct. 5, 1994).

''(d) Termination. - This section shall cease to be effective on

September 30, 1997.''

GOVERNMENT RENTAL OF FACILITIES LOCATED ON CLOSED MILITARY

INSTALLATIONS

Pub. L. 103-337, div. B, title XXVIII, Sec. 2814, Oct. 5, 1994,

108 Stat. 3056, as amended by Pub. L. 107-314, div. A, title X,

Sec. 1062(l), Dec. 2, 2002, 116 Stat. 2652, provided that:

''(a) Authorization To Rent Base Closure Properties. - To promote

the rapid conversion of military installations that are closed

pursuant to a base closure law, the Administrator of the General

Services may give priority consideration, when leasing space in

accordance with chapter 5 or 33 of title 40, United States Code, to

facilities of such an installation that have been acquired by a

non-Federal entity.

''(b) Base Closure Law Defined. - For purposes of this section,

the term 'base closure law' means each of the following:

''(1) The Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687

note).

''(2) Title II of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687

note).''

REPORT OF EFFECT OF BASE CLOSURES ON FUTURE MOBILIZATION OPTIONS

Pub. L. 103-337, div. B, title XXVIII, Sec. 2815, Oct. 5, 1994,

108 Stat. 3056, provided that:

''(a) Report Required. - The Secretary of Defense shall prepare a

report evaluating the effect of base closures and realignments

conducted since January 1, 1987, on the ability of the Armed Forces

to remobilize to the end strength levels authorized for fiscal year

1987 by sections 401 (100 Stat. 3859), 403 (enacting provisions set

out as a note under section 521 of this title), 411 (amending

section 115 of this title and enacting provisions set out as a note

under section 12001 of this title), 412 (enacting section 686 (now

12318) of this title), and 421 (100 Stat. 3863) of the National

Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661;

100 Stat. 3859). The report shall identify those military

construction projects, if any, that would be necessary to

facilitate such remobilization and any defense assets disposed of

under a base closure or realignment, such as air space, that would

be difficult to reacquire in the event of such remobilization.

''(b) Time for Submission. - Not later than January 31, 1996, the

Secretary shall submit to the congressional defense committees the

report required by this section.''

CONGRESSIONAL FINDINGS WITH RESPECT TO BASE CLOSURE COMMUNITY

ASSISTANCE

Pub. L. 103-160, div. B, title XXIX, Sec. 2901, Nov. 30, 1993,

107 Stat. 1909, provided that: ''Congress makes the following

findings:

''(1) The closure and realignment of military installations

within the United States is a necessary consequence of the end of

the Cold War and of changed United States national security

requirements.

''(2) A military installation is a significant source of

employment for many communities, and the closure or realignment

of an installation may cause economic hardship for such

communities.

''(3) It is in the interest of the United States that the

Federal Government facilitate the economic recovery of

communities that experience adverse economic circumstances as a

result of the closure or realignment of a military installation.

''(4) It is in the interest of the United States that the

Federal Government assist communities that experience adverse

economic circumstances as a result of the closure of military

installations by working with such communities to identify and

implement means of reutilizing or redeveloping such installations

in a beneficial manner or of otherwise revitalizing such

communities and the economies of such communities.

''(5) The Federal Government may best identify and implement

such means by requiring that the head of each department or

agency of the Federal Government having jurisdiction over a

matter arising out of the closure of a military installation

under a base closure law, or the reutilization and redevelopment

of such an installation, designate for each installation to be

closed an individual in such department or agency who shall

provide information and assistance to the transition coordinator

for the installation designated under section 2915 (set out

below) on the assistance, programs, or other activities of such

department or agency with respect to the closure or reutilization

and redevelopment of the installation.

''(6) The Federal Government may also provide such assistance

by accelerating environmental restoration at military

installations to be closed, and by closing such installations, in

a manner that best ensures the beneficial reutilization and

redevelopment of such installations by such communities.

''(7) The Federal Government may best contribute to such

reutilization and redevelopment by making available real and

personal property at military installations to be closed to

communities affected by such closures on a timely basis, and, if

appropriate, at less than fair market value.''

CONSIDERATION OF ECONOMIC NEEDS AND COOPERATION WITH STATE AND

LOCAL AUTHORITIES IN DISPOSING OF PROPERTY

Pub. L. 103-160, div. B, title XXIX, Sec. 2903(c), (d), Nov. 30,

1993, 107 Stat. 1915, provided that:

''(c) Consideration of Economic Needs. - In order to maximize the

local and regional benefit from the reutilization and redevelopment

of military installations that are closed, or approved for closure,

pursuant to the operation of a base closure law, the Secretary of

Defense shall consider locally and regionally delineated economic

development needs and priorities into the process by which the

Secretary disposes of real property and personal property as part

of the closure of a military installation under a base closure

law. In determining such needs and priorities, the Secretary shall

take into account the redevelopment plan developed for the military

installation involved. The Secretary shall ensure that the needs

of the homeless in the communities affected by the closure of such

installations are taken into consideration in the redevelopment

plan with respect to such installations.

''(d) Cooperation. - The Secretary of Defense shall cooperate

with the State in which a military installation referred to in

subsection (c) is located, with the redevelopment authority with

respect to the installation, and with local governments and other

interested persons in communities located near the installation in

implementing the entire process of disposal of the real property

and personal property at the installation.''

REGULATIONS TO CARRY OUT SECTION 204 OF PUB. L. 100-526 AND SECTION

2905 OF PUB. L. 101-510

Pub. L. 103-160, div. B, title XXIX, Sec. 2908(c), Nov. 30,

1993, 107 Stat. 1924, provided that: ''Not later than nine months

after the date of the enactment of this Act (Nov. 30, 1993), the

Secretary of Defense, in consultation with the Administrator of the

Environmental Protection Agency, shall prescribe any regulations

necessary to carry out subsection (d) of section 204 of the Defense

Authorization Amendments and Base Closure and Realignment Act

(title II of Public Law 100-526; 10 U.S.C. 2687 note), as added by

subsection (a), and subsection (e) of section 2905 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), as added by subsection

(b).''

COMPLIANCE WITH CERTAIN ENVIRONMENTAL REQUIREMENTS

Pub. L. 103-160, div. B, title XXIX, Sec. 2911, Nov. 30, 1993,

107 Stat. 1924, provided that: ''Not later than 12 months after the

date of the submittal to the Secretary of Defense of a

redevelopment plan for an installation approved for closure under a

base closure law, the Secretary of Defense shall, to the extent

practicable, complete any environmental impact analyses required

with respect to the installation, and with respect to the

redevelopment plan, if any, for the installation, pursuant to the

base closure law under which the installation is closed, and

pursuant to the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.).''

PREFERENCE FOR LOCAL AND SMALL BUSINESSES IN CONTRACTING

Pub. L. 103-160, div. B, title XXIX, Sec. 2912, Nov. 30, 1993,

107 Stat. 1925, as amended by Pub. L. 103-337, div. A, title X,

Sec. 1070(b)(14), Oct. 5, 1994, 108 Stat. 2857, provided that:

''(a) Preference Required. - In entering into contracts with

private entities as part of the closure or realignment of a

military installation under a base closure law, the Secretary of

Defense shall give preference, to the greatest extent practicable,

to qualified businesses located in the vicinity of the installation

and to small business concerns and small disadvantaged business

concerns. Contracts for which this preference shall be given shall

include contracts to carry out activities for the environmental

restoration and mitigation at military installations to be closed

or realigned.

''(b) Definitions. - In this section:

''(1) The term 'small business concern' means a business

concern meeting the requirements of section 3 of the Small

Business Act (15 U.S.C. 632).

''(2) The term 'small disadvantaged business concern' means the

business concerns referred to in section 8(d)(1) of such Act (15

U.S.C. 637(d)(1)).

''(3) The term 'base closure law' includes section 2687 of

title 10, United States Code.''

TRANSITION COORDINATORS FOR ASSISTANCE TO COMMUNITIES AFFECTED BY

CLOSURE OF INSTALLATIONS

Pub. L. 103-160, div. B, title XXIX, Sec. 2915, Nov. 30, 1993,

107 Stat. 1926, as amended by Pub. L. 107-107, div. A, title X,

Sec. 1048(d)(4), Dec. 28, 2001, 115 Stat. 1227, provided that:

''(a) In General. - The Secretary of Defense shall designate a

transition coordinator for each military installation to be closed

under a base closure law. The transition coordinator shall carry

out the activities for such coordinator set forth in subsection

(c).

''(b) Timing of Designation. - A transition coordinator shall be

designated for an installation under subsection (a) as follows:

''(1) Not later than 15 days after the date of approval of

closure of the installation.

''(2) In the case of installations approved for closure under a

base closure law before the date of the enactment of this Act

(Nov. 30, 1993), not later than 15 days after such date of

enactment.

''(c) Responsibilities. - A transition coordinator designated

with respect to an installation shall -

''(1) encourage, after consultation with officials of Federal

and State departments and agencies concerned, the development of

strategies for the expeditious environmental cleanup and

restoration of the installation by the Department of Defense;

''(2) assist the Secretary of the military department concerned

in designating real property at the installation that has the

potential for rapid and beneficial reuse or redevelopment in

accordance with the redevelopment plan for the installation;

''(3) assist such Secretary in identifying strategies for

accelerating completion of environmental cleanup and restoration

of the real property designated under paragraph (2);

''(4) assist such Secretary in developing plans for the closure

of the installation that take into account the goals set forth in

the redevelopment plan for the installation;

''(5) assist such Secretary in developing plans for ensuring

that, to the maximum extent practicable, the Department of

Defense carries out any activities at the installation after the

closure of the installation in a manner that takes into account,

and supports, the redevelopment plan for the installation;

''(6) assist the Secretary of Defense in making determinations

with respect to the transferability of property at the

installation under section 204(b)(5) of the Defense Authorization

Amendments and Base Closure and Realignment Act (title II of

Public Law 100-526; 10 U.S.C. 2687 note), as added by section

2904(a) of this Act, and under section 2905(b)(5) 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), as added by section

2904(b) of this Act, as the case may be;

''(7) assist the local redevelopment authority with respect to

the installation in identifying real property or personal

property at the installation that may have significant potential

for reuse or redevelopment in accordance with the redevelopment

plan for the installation;

''(8) assist the Office of Economic Adjustment of the

Department of Defense and other departments and agencies of the

Federal Government in coordinating the provision of assistance

under transition assistance and transition mitigation programs

with community redevelopment activities with respect to the

installation;

''(9) assist the Secretary of the military department concerned

in identifying property located at the installation that may be

leased in a manner consistent with the redevelopment plan for the

installation; and

''(10) assist the Secretary of Defense in identifying real

property or personal property at the installation that may be

utilized to meet the needs of the homeless by consulting with the

Secretary of Housing and Urban Development and the local lead

agency of the homeless, if any, referred to in section 210(b) of

the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11320(b))

for the State in which the installation is located.''

DEFINITIONS FOR SUBTITLE A OF TITLE XXIX OF PUB. L. 103-160

Pub. L. 103-160, div. B, title XXIX, Sec. 2918(a), Nov. 30,

1993, 107 Stat. 1927, provided that: ''In this subtitle (subtitle A

(Sec. 2901 to 2918) of title XXIX of div. B of Pub. L. 103-160,

amending sections 2391 and 2667 of this title, enacting provisions

set out as notes under this section and section 9620 of Title 42,

The Public Health and Welfare, and amending provisions set out as

notes under this section):

''(1) The term 'base closure law' means the following:

''(A) The provisions of title II of the Defense Authorization

Amendments and Base Closure and Realignment Act (Public Law

100-526; 10 U.S.C. 2687 note).

''(B) The Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687

note).

''(2) The term 'date of approval', with respect to a closure or

realignment of an installation, means the date on which the

authority of Congress to disapprove a recommendation of closure

or realignment, as the case may be, of such installation under

the applicable base closure law expires.

''(3) The term 'redevelopment authority', in the case of an

installation to be closed under a base closure law, means any

entity (including an entity established by a State or local

government) recognized by the Secretary of Defense as the entity

responsible for developing the redevelopment plan with respect to

the installation and for directing the implementation of such

plan.

''(4) The term 'redevelopment plan', in the case of an

installation to be closed under a base closure law, means a plan

that -

''(A) is agreed to by the redevelopment authority with

respect to the installation; and

''(B) provides for the reuse or redevelopment of the real

property and personal property of the installation that is

available for such reuse and redevelopment as a result of the

closure of the installation.''

LIMITATION ON EXPENDITURES FROM DEFENSE BASE CLOSURE ACCOUNT 1990

FOR MILITARY CONSTRUCTION IN SUPPORT OF TRANSFERS OF FUNCTIONS

Pub. L. 103-160, div. B, title XXIX, Sec. 2922, Nov. 30, 1993,

107 Stat. 1930, as amended by Pub. L. 104-106, div. A, title XV,

Sec. 1502(c)(1), Feb. 10, 1996, 110 Stat. 506; Pub. L. 106-65,

div. A, title X, Sec. 1067(7), Oct. 5, 1999, 113 Stat. 774,

provided that:

''(a) Limitation. - If the Secretary of Defense recommends to the

Defense Base Closure and Realignment Commission pursuant to section

2903(c) of the 1990 base closure Act (set out below) that an

installation be closed or realigned, the Secretary identifies in

documents submitted to the Commission one or more installations to

which a function performed at the recommended installation would be

transferred, and the recommended installation is closed or

realigned pursuant to such Act, then, except as provided in

subsection (b), funds in the Defense Base Closure Account 1990 may

not be used for military construction in support of the transfer of

that function to any installation other than an installation so

identified in such documents.

''(b) Exception. - The limitation in subsection (a) ceases to be

applicable to military construction in support of the transfer of a

function to an installation on the 60th day following the date on

which the Secretary submits to the Committee on Armed Services of

the Senate and the Committee on Armed Services of the House of

Representatives a notification of the proposed transfer that -

''(1) identifies the installation to which the function is to

be transferred; and

''(2) includes the justification for the transfer to such

installation.

''(c) Definitions. - In this section:

''(1) The term '1990 base closure Act' means the Defense Base

Closure and Realignment Act of 1990 (part A of title XXIX of

Public Law 101-510; 10 U.S.C. 2687 note).

''(2) The term 'Defense Base Closure Account 1990' means the

account established under section 2906 of the 1990 base closure

Act (set out below).''

SENSE OF CONGRESS ON DEVELOPMENT OF BASE CLOSURE CRITERIA

Pub. L. 103-160, div. B, title XXIX, Sec. 2925, Nov. 30, 1993,

107 Stat. 1932, as amended by Pub. L. 104-106, div. A, title XV,

Sec. 1502(c)(1), Feb. 10, 1996, 110 Stat. 506, provided that:

''(a) Sense of Congress. - It is the sense of Congress that the

Secretary of Defense consider, in developing in accordance with

section 2903(b)(2)(B) of the Defense Base Closure and Realignment

Act of 1990 (Public Law 101-510; 10 U.S.C. 2687 note) amended

criteria, whether such criteria should include the direct costs of

such closures and realignments to other Federal departments and

agencies.

''(b) Report on Amendment. - (1) The Secretary shall submit to

the Committee on Armed Services of the Senate and the Committee on

National Security of the House of Representatives (now Committee on

Armed Services of the House of Representatives) a report on any

amended criteria developed by the Secretary under section

2903(b)(2)(B) of the Defense Base Closure and Realignment Act of

1990 after the date of the enactment of this Act (Nov. 30, 1993).

Such report shall include a discussion of the amended criteria and

include a justification for any decision not to propose a criterion

regarding the direct costs of base closures and realignments to

other Federal agencies and departments.

''(2) The Secretary shall submit the report upon publication of

the amended criteria in accordance with section 2903(b)(2)(B) of

the Defense Base Closure and Realignment Act of 1990.''

MILITARY BASE CLOSURE REPORT

Pub. L. 102-581, title I, Sec. 107(d), Oct. 31, 1992, 106 Stat.

4879, provided that: ''Within 30 days after the date on which the

Secretary of Defense recommends a list of military bases for

closure or realignment pursuant to section 2903(c) of the Defense

Base Closure and Realignment Act of 1990 (Public Law 101-510; (10)

U.S.C. 2687 note), the Administrator of the Federal Aviation

Administration shall submit to Congress and the Defense Base

Closure and Realignment Commission a report on the effects of all

those recommendations involving military airbases, including but

not limited to, the effect of the proposed closures or realignments

on civilian airports and airways in the local community and region;

potential modifications and costs necessary to convert such bases

to civilian aviation use; and in the case of air traffic control or

radar coverage currently provided by the Department of Defense,

potential installations or adjustments of equipment and costs

necessary for the Federal Aviation Administration to maintain

existing levels of service for the local community and region.''

INDEMNIFICATION OF TRANSFEREES OF CLOSING DEFENSE PROPERTY

Pub. L. 102-484, div. A, title III, Sec. 330, Oct. 23, 1992, 106

Stat. 2371, as amended by Pub. L. 103-160, div. A, title X, Sec.

1002, Nov. 30, 1993, 107 Stat. 1745, provided that:

''(a) In General. - (1) Except as provided in paragraph (3) and

subject to subsection (b), the Secretary of Defense shall hold

harmless, defend, and indemnify in full the persons and entities

described in paragraph (2) from and against any suit, claim, demand

or action, liability, judgment, cost or other fee arising out of

any claim for personal injury or property damage (including death,

illness, or loss of or damage to property or economic loss) that

results from, or is in any manner predicated upon, the release or

threatened release of any hazardous substance, pollutant or

contaminant, or petroleum or petroleum derivative as a result of

Department of Defense activities at any military installation (or

portion thereof) that is closed pursuant to a base closure law.

''(2) The persons and entities described in this paragraph are

the following:

''(A) Any State (including any officer, agent, or employee of

the State) that acquires ownership or control of any facility at

a military installation (or any portion thereof) described in

paragraph (1).

''(B) Any political subdivision of a State (including any

officer, agent, or employee of the State) that acquires such

ownership or control.

''(C) Any other person or entity that acquires such ownership

or control.

''(D) Any successor, assignee, transferee, lender, or lessee of

a person or entity described in subparagraphs (A) through (C).

''(3) To the extent the persons and entities described in

paragraph (2) contributed to any such release or threatened

release, paragraph (1) shall not apply.

''(b) Conditions. - No indemnification may be afforded under this

section unless the person or entity making a claim for

indemnification -

''(1) notifies the Department of Defense in writing within two

years after such claim accrues or begins action within six months

after the date of mailing, by certified or registered mail, of

notice of final denial of the claim by the Department of Defense;

''(2) furnishes to the Department of Defense copies of

pertinent papers the entity receives;

''(3) furnishes evidence or proof of any claim, loss, or damage

covered by this section; and

''(4) provides, upon request by the Department of Defense,

access to the records and personnel of the entity for purposes of

defending or settling the claim or action.

''(c) Authority of Secretary of Defense. - (1) In any case in

which the Secretary of Defense determines that the Department of

Defense may be required to make indemnification payments to a

person under this section for any suit, claim, demand or action,

liability, judgment, cost or other fee arising out of any claim for

personal injury or property damage referred to in subsection

(a)(1), the Secretary may settle or defend, on behalf of that

person, the claim for personal injury or property damage.

''(2) In any case described in paragraph (1), if the person to

whom the Department of Defense may be required to make

indemnification payments does not allow the Secretary to settle or

defend the claim, the person may not be afforded indemnification

with respect to that claim under this section.

''(d) Accrual of Action. - For purposes of subsection (b)(1), the

date on which a claim accrues is the date on which the plaintiff

knew (or reasonably should have known) that the personal injury or

property damage referred to in subsection (a) was caused or

contributed to by the release or threatened release of a hazardous

substance, pollutant or contaminant, or petroleum or petroleum

derivative as a result of Department of Defense activities at any

military installation (or portion thereof) described in subsection

(a)(1).

''(e) Relationship to Other Law. - Nothing in this section shall

be construed as affecting or modifying in any way section 120(h) of

the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9620(h)).

''(f) Definitions. - In this section:

''(1) The terms 'facility', 'hazardous substance', 'release',

and 'pollutant or contaminant' have the meanings given such terms

under paragraphs (9), (14), (22), and (33) of section 101 of the

Comprehensive Environmental Response, Compensation, and Liability

Act of 1980, respectively (42 U.S.C. 9601(9), (14), (22), and

(33)).

''(2) The term 'military installation' has the meaning given

such term under section 2687(e)(1) of title 10, United States

Code.

''(3) The term 'base closure law' means the following:

''(A) The Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of div. B of Pub. L. 101-510) (10 U.S.C.

2687 note).

''(B) Title II of the Defense Authorization Amendments and

Base Closure and Realignment Act (Pub. L. 100-526) (10 U.S.C.

2687 note).

''(C) Section 2687 of title 10, United States Code.

''(D) Any provision of law authorizing the closure or

realignment of a military installation enacted on or after the

date of the enactment of this Act (Oct. 23, 1992).''

DEMONSTRATION PROJECT FOR USE OF NATIONAL RELOCATION CONTRACTOR TO

ASSIST DEPARTMENT OF DEFENSE

Pub. L. 102-484, div. B, title XXVIII, Sec. 2822, Oct. 23, 1992,

106 Stat. 2608, provided that:

''(a) Use of National Relocation Contractor. - Subject to the

availability of appropriations therefor, the Secretary of Defense

shall enter into a one-year contract with a private relocation

contractor operating on a nationwide basis to test the

cost-effectiveness of using national relocation contractors to

administer the Homeowners Assistance Program. The contract shall be

competitively awarded not later than 30 days after the date of the

enactment of this Act (Oct. 23, 1992).

''(b) Report on Contract. - Not later than one year after the

date on which the Secretary of Defense enters into the contract

under subsection (a), the Comptroller General shall submit to

Congress a report containing the Comptroller General's evaluation

of the effectiveness of using the national contractor for

administering the program referred to in subsection (a). The report

shall compare the cost and efficiency of such administration with

the cost and efficiency of -

''(1) the program carried out by the Corps of Engineers using

its own employees; and

''(2) the use of contracts with local relocation companies at

military installations being closed or realigned.''

ENVIRONMENTAL RESTORATION REQUIREMENTS AT MILITARY INSTALLATIONS TO

BE CLOSED

Pub. L. 102-190, div. A, title III, Sec. 334, Dec. 5, 1991, 105

Stat. 1340, prescribed requirements for certain installations to be

closed under 1989 or 1991 base closure lists by requiring that all

draft final remedial investigations and feasibility studies related

to environmental restoration activities at each such military

installation be submitted to Environmental Protection Agency not

later than 24 months after Dec. 5, 1991, for bases on 1989 closure

list and not later than 36 months after such date for bases on 1991

closure list, prior to repeal by Pub. L. 104-201, div. A, title

III, Sec. 328, Sept. 23, 1996, 110 Stat. 2483.

WITHHOLDING INFORMATION FROM CONGRESS OR COMPTROLLER GENERAL

Pub. L. 102-190, div. B, title XXVIII, Sec. 2821(i), Dec. 5,

1991, 105 Stat. 1546, provided that: ''Nothing in this section

(enacting and amending provisions set out below) or in the Defense

Base Closure and Realignment Act of 1990 (part A of title XXIX of

div. B of Pub. L. 101-510, set out below) shall be construed to

authorize the withholding of information from Congress, any

committee or subcommittee of Congress, or the Comptroller General

of the United States.''

CONSISTENCY IN BUDGET DATA

Pub. L. 102-190, div. B, title XXVIII, Sec. 2822, Dec. 5, 1991,

105 Stat. 1546, as amended by Pub. L. 102-484, div. B, title

XXVIII, Sec. 2825, Oct. 23, 1992, 106 Stat. 2609, provided that:

''(a) Military Construction Funding Requests. - In the case of

each military installation considered for closure or realignment or

for comparative purposes by the Defense Base Closure and

Realignment Commission, the Secretary of Defense shall ensure,

subject to subsection (b), that the amount of the authorization

requested by the Department of Defense for military construction

relating to the closure or realignment of the installation in each

of the fiscal years 1992 through 1999 for the following fiscal year

does not exceed the estimate of the cost of such construction

(adjusted as appropriate for inflation) that was provided to the

Commission by the Department of Defense.

''(b) Explanation for Inconsistencies. - The Secretary may submit

to Congress for a fiscal year a request for the authorization of

military construction referred to in subsection (a) in an amount

greater than the estimate of the cost of the construction (adjusted

as appropriate for inflation) that was provided to the Commission

if the Secretary determines that the greater amount is necessary

and submits with the request a complete explanation of the reasons

for the difference between the requested amount and the estimate.

''(c) Investigation. - (1) The Inspector General of the

Department of Defense shall investigate the military construction

for which the Secretary is required to submit an explanation to

Congress under subsection (b) if the Inspector General determines

(under standards prescribed by the Inspector General) that the

difference between the requested amount and the estimate for such

construction is significant.

''(2) The Inspector General shall submit to the congressional

defense committees a report describing the results of each

investigation conducted under paragraph (1).''

DISPOSITION OF FACILITIES OF DEPOSITORY INSTITUTIONS ON MILITARY

INSTALLATIONS TO BE CLOSED

Pub. L. 102-190, div. B, title XXVIII, Sec. 2825, Dec. 5, 1991,

105 Stat. 1549, as amended by Pub. L. 103-160, div. B, title XXIX,

Sec. 2928(a), (b)(1), (c), Nov. 30, 1993, 107 Stat. 1934, 1935,

provided that:

''(a) Authority to Convey Facilities. - (1) Subject to subsection

(c) and notwithstanding any other provision of law, the Secretary

of the military department having jurisdiction over a military

installation being closed pursuant to a base closure law may convey

all right, title, and interest of the United States in a facility

located on that installation to a depository institution that -

''(A) conducts business in the facility; and

''(B) constructed or substantially renovated the facility using

funds of the depository institution.

''(2) In the case of the conveyance under paragraph (1) of a

facility that was not constructed by the depository institution but

was substantially renovated by the depository institution, the

Secretary shall require the depository institution to pay an amount

determined by the Secretary to be equal to the value of the

facility in the absence of the renovations.

''(b) Authority to Convey Land. - As part of the conveyance of a

facility to a depository institution under subsection (a), the

Secretary of the military department concerned shall permit the

depository institution to purchase the land upon which that

facility is located. The Secretary shall offer the land to the

depository institution before offering such land for sale or other

disposition to any other entity. The purchase price shall be not

less than the fair market value of the land, as determined by the

Secretary.

''(c) Limitation. - The Secretary of a military department may

not convey a facility to a depository institution under subsection

(a) if the Secretary determines that the operation of a depository

institution at such facility is inconsistent with the redevelopment

plan with respect to the installation.

''(d) Base Closure Law Defined. - For purposes of this section,

the term 'base closure law' means the following:

''(1) The Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 104 Stat. 1808; 10

U.S.C. 2687 note).

''(2) Title II of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526; 102 Stat. 2627;

10 U.S.C. 2687 note).

''(3) Section 2687 of title 10, United States Code.

''(4) Any other similar law enacted after the date of the

enactment of this Act (Dec. 5, 1991).

''(e) Depository Institution Defined. - For purposes of this

section, the term 'depository institution' has the meaning given

that term in section 19(b)(1)(A) of the Federal Reserve Act (12

U.S.C. 461(b)(1)(A)).''

REPORT ON ENVIRONMENTAL RESTORATION COSTS FOR INSTALLATIONS TO BE

CLOSED UNDER 1990 BASE CLOSURE LAW

Pub. L. 102-190, div. B, title XXVIII, Sec. 2827(b), Dec. 5,

1991, 105 Stat. 1551, directed the Secretary of Defense to submit

an annual report to Congress on the funding needed for

environmental restoration activities at certain designated military

installations for the fiscal year for which a budget was submitted

and for each of the four following fiscal years, prior to repeal by

Pub. L. 104-106, div. A, title X, Sec. 1061(m), Feb. 10, 1996, 110

Stat. 443.

SENSE OF CONGRESS REGARDING JOINT RESOLUTION OF DISAPPROVAL OF 1991

BASE CLOSURE COMMISSION RECOMMENDATION

Pub. L. 102-172, title VIII, Sec. 8131, Nov. 26, 1991, 105 Stat.

1208, provided that: ''It is the sense of the Congress that in

acting on the Joint Resolution of Disapproval of the 1991 Base

Closure Commission's recommendation, the Congress takes no position

on whether there has been compliance by the Base Closure

Commission, and the Department of Defense with the requirements of

the Defense Base Closure and Realignment Act of 1990 (part A of

title XXIX of div. B of Pub. L. 101-510, set out below). Further,

the vote on the resolution of disapproval shall not be interpreted

to imply Congressional approval of all actions taken by the Base

Closure Commission and the Department of Defense in fulfillment of

the responsibilities and duties conferred upon them by the Defense

Base Closure and Realignment Act of 1990, but only the approval of

the recommendations issued by the Base Closure Commission.''

REQUIREMENTS FOR BASE CLOSURE AND REALIGNMENT PLANS

Pub. L. 103-335, title VIII, Sec. 8040, Sept. 30, 1994, 108 Stat.

2626, which directed Secretary of Defense to include in any base

closure and realignment plan submitted to Congress after Sept. 30,

1994, a complete review of expectations for the five-year period

beginning on Oct. 1, 1994, including force structure and levels,

installation requirements, a budget plan, cost savings to be

realized through realignments and closures of military

installations, and the economic impact on local areas affected, was

from the Department of Defense Appropriations Act, 1995, and was

not repeated in subsequent appropriation acts. Similar provisions

were contained in the following prior appropriation acts:

Pub. L. 103-139, title VIII, Sec. 8045, Nov. 11, 1993, 107 Stat.

1450.

Pub. L. 102-396, title IX, Sec. 9060, Oct. 6, 1992, 106 Stat.

1915.

Pub. L. 102-172, title VIII, Sec. 8063, Nov. 26, 1991, 105 Stat.

1185.

Pub. L. 101-511, title VIII, Sec. 8081, Nov. 5, 1990, 104 Stat.

1894.

DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION

Part A of title XXIX of div. B of Pub. L. 101-510, as amended by

Pub. L. 102-190, div. A, title III, Sec. 344(b)(1), div. B, title

XXVIII, Sec. 2821(a)-(h)(1), 2827(a)(1), (2), Dec. 5, 1991, 105

Stat. 1345, 1544-1546, 1551; Pub. L. 102-484, div. A, title X,

Sec. 1054(b), div. B, title XXVIII, Sec. 2821(b), 2823, Oct. 23,

1992, 106 Stat. 2502, 2607, 2608; Pub. L. 103-160, div. B, title

XXIX, Sec. 2902(b), 2903(b), 2904(b), 2905(b), 2907(b), 2908(b),

2918(c), 2921(b), (c), 2923, 2926, 2930(a), Nov. 30, 1993, 107

Stat. 1911, 1914, 1916, 1918, 1921, 1923, 1928-1930, 1932, 1935;

Pub. L. 103-337, div. A, title X, Sec. 1070(b)(15), (d)(2), div.

B, title XXVIII, Sec. 2811, 2812(b), 2813(c)(2), (d)(2), (e)(2),

Oct. 5, 1994, 108 Stat. 2857, 2858, 3053-3056; Pub. L. 103-421,

Sec. 2(a)-(c), (f)(2), Oct. 25, 1994, 108 Stat. 4346-4352, 4354;

Pub. L. 104-106, div. A, title XV, Sec. 1502(d), 1504(a)(9),

1505(e)(1), div. B, title XXVIII, Sec. 2831(b)(2), 2835, 2836,

2837(a), 2838, 2839(b), 2840(b), Feb. 10, 1996, 110 Stat. 508, 513,

514, 558, 560, 561, 564, 565; Pub. L. 104-201, div. B, title

XXVIII, Sec. 2812(b), 2813(b), Sept. 23, 1996, 110 Stat. 2789; Pub.

L. 105-85, div. A, title X, Sec. 1073(d)(4)(B), div. B, title

XXVIII, Sec. 2821(b), Nov. 18, 1997, 111 Stat. 1905, 1997; Pub. L.

106-65, div. A, title X, Sec. 1067(10), div. B, title XVIII, Sec.

2821(a), 2822, Oct. 5, 1999, 113 Stat. 774, 853, 856; Pub. L.

106-398, Sec. 1 ((div. A), title X, Sec. 1087(g)(2), div. B, title

XXVIII, Sec. 2821(a)), Oct. 30, 2000, 114 Stat. 1654, 1654A-293,

1654A-419; Pub. L. 107-107, div. A, title X, Sec. 1048(d)(2),

div. B, title XXVIII, Sec. 2821(b), title XXX, Sec. 3001-3007,

Dec. 28, 2001, 115 Stat. 1227, 1312, 1342-1351; Pub. L. 107-314,

div. A, title X, Sec. 1062(f)(4), (m)(1)-(3), div. B, title

XXVIII, Sec. 2814(b), 2854, Dec. 2, 2002, 116 Stat. 2651, 2652,

2710, 2728, provided that:

''SEC. 2901. SHORT TITLE AND PURPOSE

''(a) Short Title. - This part may be cited as the 'Defense Base

Closure and Realignment Act of 1990'.

''(b) Purpose. - The purpose of this part is to provide a fair

process that will result in the timely closure and realignment of

military installations inside the United States.

''SEC. 2902. THE COMMISSION

''(a) Establishment. - There is established an independent

commission to be known as the 'Defense Base Closure and Realignment

Commission'.

''(b) Duties. - The Commission shall carry out the duties

specified for it in this part.

''(c) Appointment. - (1)(A) The Commission shall be composed of

eight members appointed by the President, by and with the advise

(advice) and consent of the Senate.

''(B) The President shall transmit to the Senate the nominations

for appointment to the Commission -

''(i) by no later than January 3, 1991, in the case of members

of the Commission whose terms will expire at the end of the first

session of the 102nd Congress;

''(ii) by no later than January 25, 1993, in the case of

members of the Commission whose terms will expire at the end of

the first session of the 103rd Congress; and

''(iii) by no later than January 3, 1995, in the case of

members of the Commission whose terms will expire at the end of

the first session of the 104th Congress.

''(C) If the President does not transmit to Congress the

nominations for appointment to the Commission on or before the date

specified for 1993 in clause (ii) of subparagraph (B) or for 1995

in clause (iii) of such subparagraph, the process by which military

installations may be selected for closure or realignment under this

part with respect to that year shall be terminated.

''(2) In selecting individuals for nominations for appointments

to the Commission, the President should consult with -

''(A) the Speaker of the House of Representatives concerning

the appointment of two members;

''(B) the majority leader of the Senate concerning the

appointment of two members;

''(C) the minority leader of the House of Representatives

concerning the appointment of one member; and

''(D) the minority leader of the Senate concerning the

appointment of one member.

''(3) At the time the President nominates individuals for

appointment to the Commission for each session of Congress referred

to in paragraph (1)(B), the President shall designate one such

individual who shall serve as Chairman of the Commission.

''(d) Terms. - (1) Except as provided in paragraph (2), each

member of the Commission shall serve until the adjournment of

Congress sine die for the session during which the member was

appointed to the Commission.

''(2) The Chairman of the Commission shall serve until the

confirmation of a successor.

''(e) Meetings. - (1) The Commission shall meet only during

calendar years 1991, 1993, and 1995.

''(2)(A) Each meeting of the Commission, other than meetings in

which classified information is to be discussed, shall be open to

the public.

''(B) All the proceedings, information, and deliberations of the

Commission shall be open, upon request, to the following:

''(i) The Chairman and the ranking minority party member of the

Subcommittee on Readiness, Sustainability, and Support of the

Committee on Armed Services of the Senate, or such other members

of the Subcommittee designated by such Chairman or ranking

minority party member.

''(ii) The Chairman and the ranking minority party member of

the Subcommittee on Military Installations and Facilities of the

Committee on Armed Services of the House of Representatives, or

such other members of the Subcommittee designated by such

Chairman or ranking minority party member.

''(iii) The Chairmen and ranking minority party members of the

Subcommittees on Military Construction of the Committees on

Appropriations of the Senate and of the House of Representatives,

or such other members of the Subcommittees designated by such

Chairmen or ranking minority party members.

''(f) Vacancies. - A vacancy in the Commission shall be filled in

the same manner as the original appointment, but the individual

appointed to fill the vacancy shall serve only for the unexpired

portion of the term for which the individual's predecessor was

appointed.

''(g) Pay and Travel Expenses. - (1)(A) Each member, other than

the Chairman, shall be paid at a rate equal to the daily equivalent

of the minimum annual rate of basic pay payable for level IV of the

Executive Schedule under section 5315 of title 5, United States

Code, for each day (including travel time) during which the member

is engaged in the actual performance of duties vested in the

Commission.

''(B) The Chairman shall be paid for each day referred to in

subparagraph (A) at a rate equal to the daily equivalent of the

minimum annual rate of basic pay payable for level III of the

Executive Schedule under section 5314 of title 5, United States

Code.

''(2) Members shall receive travel expenses, including per diem

in lieu of subsistence, in accordance with sections 5702 and 5703

of title 5, United States Code.

''(h) Director of Staff. - (1) The Commission shall, without

regard to section 5311(b) of title 5, United States Code, appoint a

Director who has not served on active duty in the Armed Forces or

as a civilian employee of the Department of Defense during the

one-year period preceding the date of such appointment.

''(2) The Director shall be paid at the rate of basic pay payable

for level IV of the Executive Schedule under section 5315 of title

5, United States Code.

''(i) Staff. - (1) Subject to paragraphs (2) and (3), the

Director, with the approval of the Commission, may appoint and fix

the pay of additional personnel.

''(2) The Director may make such appointments without regard to

the provisions of title 5, United States Code, governing

appointments in the competitive service, and any personnel so

appointed may be paid without regard to the provisions of chapter

51 and subchapter III of chapter 53 of that title relating to

classification and General Schedule pay rates, except that an

individual so appointed may not receive pay in excess of the annual

rate of basic pay payable for GS-18 of the General Schedule.

''(3)(A) Not more than one-third of the personnel employed by or

detailed to the Commission may be on detail from the Department of

Defense.

''(B)(i) Not more than one-fifth of the professional analysts of

the Commission staff may be persons detailed from the Department of

Defense to the Commission.

''(ii) No person detailed from the Department of Defense to the

Commission may be assigned as the lead professional analyst with

respect to a military department or defense agency.

''(C) A person may not be detailed from the Department of Defense

to the Commission if, within 12 months before the detail is to

begin, that person participated personally and substantially in any

matter within the Department of Defense concerning the preparation

of recommendations for closures or realignments of military

installations.

''(D) No member of the Armed Forces, and no officer or employee

of the Department of Defense, may -

''(i) prepare any report concerning the effectiveness, fitness,

or efficiency of the performance on the staff of the Commission

of any person detailed from the Department of Defense to that

staff;

''(ii) review the preparation of such a report; or

''(iii) approve or disapprove such a report.

''(4) Upon request of the Director, the head of any Federal

department or agency may detail any of the personnel of that

department or agency to the Commission to assist the Commission in

carrying out its duties under this part.

''(5) The Comptroller General of the United States shall provide

assistance, including the detailing of employees, to the Commission

in accordance with an agreement entered into with the Commission.

''(6) The following restrictions relating to the personnel of the

Commission shall apply during 1992 and 1994:

''(A) There may not be more than 15 persons on the staff at any

one time.

''(B) The staff may perform only such functions as are

necessary to prepare for the transition to new membership on the

Commission in the following year.

''(C) No member of the Armed Forces and no employee of the

Department of Defense may serve on the staff.

''(j) Other Authority. - (1) The Commission may procure by

contract, to the extent funds are available, the temporary or

intermittent services of experts or consultants pursuant to section

3109 of title 5, United States Code.

''(2) The Commission may lease space and acquire personal

property to the extent funds are available.

''(k) Funding. - (1) There are authorized to be appropriated to

the Commission such funds as are necessary to carry out its duties

under this part. Such funds shall remain available until expended.

''(2) If no funds are appropriated to the Commission by the end

of the second session of the 101st Congress, the Secretary of

Defense may transfer, for fiscal year 1991, to the Commission funds

from the Department of Defense Base Closure Account established by

section 207 of Public Law 100-526 (set out below). Such funds

shall remain available until expended.

''(3)(A) The Secretary may transfer not more than $300,000 from

unobligated funds in the account referred to in subparagraph (B)

for the purpose of assisting the Commission in carrying out its

duties under this part during October, November, and December 1995.

Funds transferred under the preceding sentence shall remain

available until December 31, 1995.

''(B) The account referred to in subparagraph (A) is the

Department of Defense Base Closure Account established under

section 207(a) of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687

note).

''(l) Termination. - The Commission shall terminate on December

31, 1995.

''(m) Prohibition Against Restricting Communications. - Section

1034 of title 10, United States Code, shall apply with respect to

communications with the Commission.

''SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE CLOSURES

AND REALIGNMENTS

''(a) Force-Structure Plan. - (1) As part of the budget

justification documents submitted to Congress in support of the

budget for the Department of Defense for each of the fiscal years

1992, 1994, and 1996, the Secretary shall include a force-structure

plan for the Armed Forces based on an assessment by the Secretary

of the probable threats to the national security during the

six-year period beginning with the fiscal year for which the budget

request is made and of the anticipated levels of funding that will

be available for national defense purposes during such period.

''(2) Such plan shall include, without any reference (directly or

indirectly) to military installations inside the United States that

may be closed or realigned under such plan -

''(A) a description of the assessment referred to in paragraph

(1);

''(B) a description (i) of the anticipated force structure

during and at the end of each such period for each military

department (with specifications of the number and type of units

in the active and reserve forces of each such department), and

(ii) of the units that will need to be forward based (with a

justification thereof) during and at the end of each such period;

and

''(C) a description of the anticipated implementation of such

force-structure plan.

''(3) The Secretary shall also transmit a copy of each such

force-structure plan to the Commission.

''(b) Selection Criteria. - (1) The Secretary shall, by no later

than December 31, 1990, publish in the Federal Register and

transmit to the congressional defense committees the criteria

proposed to be used by the Department of Defense in making

recommendations for the closure or realignment of military

installations inside the United States under this part. The

Secretary shall provide an opportunity for public comment on the

proposed criteria for a period of at least 30 days and shall

include notice of that opportunity in the publication required

under the preceding sentence.

''(2)(A) The Secretary shall, by no later than February 15, 1991,

publish in the Federal Register and transmit to the congressional

defense committees the final criteria to be used in making

recommendations for the closure or realignment of military

installations inside the United States under this part. Except as

provided in subparagraph (B), such criteria shall be the final

criteria to be used, along with the force-structure plan referred

to in subsection (a), in making such recommendations unless

disapproved by a joint resolution of Congress enacted on or before

March 15, 1991.

''(B) The Secretary may amend such criteria, but such amendments

may not become effective until they have been published in the

Federal Register, opened to public comment for at least 30 days,

and then transmitted to the congressional defense committees in

final form by no later than January 15 of the year concerned. Such

amended criteria shall be the final criteria to be used, along with

the force-structure plan referred to in subsection (a), in making

such recommendations unless disapproved by a joint resolution of

Congress enacted on or before February 15 of the year concerned.

''(c) DOD Recommendations. - (1) The Secretary may, by no later

than April 15, 1991, March 15, 1993, and March 1, 1995, publish in

the Federal Register and transmit to the congressional defense

committees and to the Commission a list of the military

installations inside the United States that the Secretary

recommends for closure or realignment on the basis of the

force-structure plan and the final criteria referred to in

subsection (b)(2) that are applicable to the year concerned.

''(2) The Secretary shall include, with the list of

recommendations published and transmitted pursuant to paragraph

(1), a summary of the selection process that resulted in the

recommendation for each installation, including a justification for

each recommendation. The Secretary shall transmit the matters

referred to in the preceding sentence not later than 7 days after

the date of the transmittal to the congressional defense committees

and the Commission of the list referred to in paragraph (1).

''(3)(A) In considering military installations for closure or

realignment, the Secretary shall consider all military

installations inside the United States equally without regard to

whether the installation has been previously considered or proposed

for closure or realignment by the Department.

''(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.

''(4) In addition to making all information used by the Secretary

to prepare the recommendations under this subsection available to

Congress (including any committee or member of Congress), the

Secretary shall also make such information available to the

Commission and the Comptroller General of the United States.

''(5)(A) Each person referred to in subparagraph (B), when

submitting information to the Secretary of Defense or the

Commission concerning the closure or realignment of a military

installation, shall certify that such information is accurate and

complete to the best of that person's knowledge and belief.

''(B) Subparagraph (A) applies to the following persons:

''(i) The Secretaries of the military departments.

''(ii) The heads of the Defense Agencies.

''(iii) Each person who is in a position the duties of which

include personal and substantial involvement in the preparation

and submission of information and recommendations concerning the

closure or realignment of military installations, as designated

in regulations which the Secretary of Defense shall prescribe,

regulations which the Secretary of each military department shall

prescribe for personnel within that military department, or

regulations which the head of each Defense Agency shall prescribe

for personnel within that Defense Agency.

''(6) Any information provided to the Commission by a person

described in paragraph (5)(B) shall also be submitted to the Senate

and the House of Representatives to be made available to the

Members of the House concerned in accordance with the rules of that

House. The information shall be submitted to the Senate and House

of Representatives within 24 hours after the submission of the

information to the Commission.

''(d) Review and Recommendations by the Commission. - (1) After

receiving the recommendations from the Secretary pursuant to

subsection (c) for any year, the Commission shall conduct public

hearings on the recommendations. All testimony before the

Commission at a public hearing conducted under this paragraph shall

be presented under oath.

''(2)(A) The Commission shall, by no later than July 1 of each

year in which the Secretary transmits recommendations to it

pursuant to subsection (c), transmit to the President a report

containing the Commission's findings and conclusions based on a

review and analysis of the recommendations made by the Secretary,

together with the Commission's recommendations for closures and

realignments of military installations inside the United States.

''(B) Subject to subparagraph (C), in making its recommendations,

the Commission may make changes in any of the recommendations made

by the Secretary if the Commission determines that the Secretary

deviated substantially from the force-structure plan and final

criteria referred to in subsection (c)(1) in making

recommendations.

''(C) In the case of a change described in subparagraph (D) in

the recommendations made by the Secretary, the Commission may make

the change only if the Commission -

''(i) makes the determination required by subparagraph (B);

''(ii) determines that the change is consistent with the

force-structure plan and final criteria referred to in subsection

(c)(1);

''(iii) publishes a notice of the proposed change in the

Federal Register not less than 45 days before transmitting its

recommendations to the President pursuant to paragraph (2); and

''(iv) conducts public hearings on the proposed change.

''(D) Subparagraph (C) shall apply to a change by the Commission

in the Secretary's recommendations that would -

''(i) add a military installation to the list of military

installations recommended by the Secretary for closure;

''(ii) add a military installation to the list of military

installations recommended by the Secretary for realignment; or

''(iii) increase the extent of a realignment of a particular

military installation recommended by the Secretary.

''(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.

''(3) The Commission shall explain and justify in its report

submitted to the President pursuant to paragraph (2) any

recommendation made by the Commission that is different from the

recommendations made by the Secretary pursuant to subsection (c).

The Commission shall transmit a copy of such report to the

congressional defense committees on the same date on which it

transmits its recommendations to the President under paragraph (2).

''(4) After July 1 of each year in which the Commission transmits

recommendations to the President under this subsection, the

Commission shall promptly provide, upon request, to any Member of

Congress information used by the Commission in making its

recommendations.

''(5) The Comptroller General of the United States shall -

''(A) assist the Commission, to the extent requested, in the

Commission's review and analysis of the recommendations made by

the Secretary pursuant to subsection (c); and

''(B) by no later than April 15 of each year in which the

Secretary makes such recommendations, transmit to the Congress

and to the Commission a report containing a detailed analysis of

the Secretary's recommendations and selection process.

''(e) Review by the President. - (1) The President shall, by no

later than July 15 of each year in which the Commission makes

recommendations under subsection (d), transmit to the Commission

and to the Congress a report containing the President's approval or

disapproval of the Commission's recommendations.

''(2) If the President approves all the recommendations of the

Commission, the President shall transmit a copy of such

recommendations to the Congress, together with a certification of

such approval.

''(3) If the President disapproves the recommendations of the

Commission, in whole or in part, the President shall transmit to

the Commission and the Congress the reasons for that disapproval.

The Commission shall then transmit to the President, by no later

than August 15 of the year concerned, a revised list of

recommendations for the closure and realignment of military

installations.

''(4) If the President approves all of the revised

recommendations of the Commission transmitted to the President

under paragraph (3), the President shall transmit a copy of such

revised recommendations to the Congress, together with a

certification of such approval.

''(5) If the President does not transmit to the Congress an

approval and certification described in paragraph (2) or (4) by

September 1 of any year in which the Commission has transmitted

recommendations to the President under this part, the process by

which military installations may be selected for closure or

realignment under this part with respect to that year shall be

terminated.

''SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS

''(a) In General. - Subject to subsection (b), the Secretary

shall -

''(1) close all military installations recommended for closure

by the Commission in each report transmitted to the Congress by

the President pursuant to section 2903(e);

''(2) realign all military installations recommended for

realignment by such Commission in each such report;

''(3) carry out the privatization in place of a military

installation recommended for closure or realignment by the

Commission in the 2005 report only if privatization in place is a

method of closure or realignment of the military installation

specified in the recommendations of the Commission in such report

and is determined by the Commission to be the most cost-effective

method of implementation of the recommendation;

''(4) initiate all such closures and realignments no later than

two years after the date on which the President transmits a

report to the Congress pursuant to section 2903(e) containing the

recommendations for such closures or realignments; and

''(5) complete all such closures and realignments no later than

the end of the six-year period beginning on the date on which the

President transmits the report pursuant to section 2903(e)

containing the recommendations for such closures or realignments.

''(b) Congressional Disapproval. - (1) The Secretary may not

carry out any closure or realignment recommended by the Commission

in a report transmitted from the President pursuant to section

2903(e) if a joint resolution is enacted, in accordance with the

provisions of section 2908, disapproving such recommendations of

the Commission before the earlier of -

''(A) the end of the 45-day period beginning on the date on

which the President transmits such report; or

''(B) the adjournment of Congress sine die for the session

during which such report is transmitted.

''(2) For purposes of paragraph (1) of this subsection and

subsections (a) and (c) of section 2908, the days on which either

House of Congress is not in session because of an adjournment of

more than three days to a day certain shall be excluded in the

computation of a period.

''SEC. 2905. IMPLEMENTATION

''(a) In General. - (1) In closing or realigning any military

installation under this part, the Secretary may -

''(A) take such actions as may be necessary to close or realign

any military installation, including the acquisition of such

land, the construction of such replacement facilities, the

performance of such activities, and the conduct of such advance

planning and design as may be required to transfer functions from

a military installation being closed or realigned to another

military installation, and may use for such purpose funds in the

Account or funds appropriated to the Department of Defense for

use in planning and design, minor construction, or operation and

maintenance;

''(B) provide -

''(i) economic adjustment assistance to any community located

near a military installation being closed or realigned, and

''(ii) community planning assistance to any community located

near a military installation to which functions will be

transferred as a result of the closure or realignment of a

military installation,

if the Secretary of Defense determines that the financial

resources available to the community (by grant or otherwise) for

such purposes are inadequate, and may use for such purposes funds

in the Account or funds appropriated to the Department of Defense

for economic adjustment assistance or community planning

assistance;

''(C) carry out activities for the purposes of environmental

restoration and mitigation at any such installation, and shall

use for such purposes funds in the Account;

''(D) provide outplacement assistance to civilian employees

employed by the Department of Defense at military installations

being closed or realigned, and may use for such purpose funds in

the Account or funds appropriated to the Department of Defense

for outplacement assistance to employees; and

''(E) reimburse other Federal agencies for actions performed at

the request of the Secretary with respect to any such closure or

realignment, and may use for such purpose funds in the Account or

funds appropriated to the Department of Defense and available for

such purpose.

''(2) In carrying out any closure or realignment under this part,

the Secretary shall ensure that environmental restoration of any

property made excess to the needs of the Department of Defense as a

result of such closure or realignment be carried out as soon as

possible with funds available for such purpose.

''(b) Management and Disposal of Property. - (1) The

Administrator of General Services shall delegate to the Secretary

of Defense, with respect to excess and surplus real property,

facilities, and personal property located at a military

installation closed or realigned under this part -

''(A) the authority of the Administrator to utilize excess

property under subchapter II of chapter 5 of title 40, United

States Code;

''(B) the authority of the Administrator to dispose of surplus

property under subchapter III of chapter 5 of title 40, United

States Code;

''(C) the authority to dispose of surplus property for public

airports under sections 47151 through 47153 of title 49, United

States Code; and

''(D) the authority of the Administrator to determine the

availability of excess or surplus real property for wildlife

conservation purposes in accordance with the Act of May 19, 1948

(16 U.S.C. 667b).

''(2)(A) Subject to subparagraph (B) and paragraphs (3), (4),

(5), and (6), the Secretary of Defense shall exercise the authority

delegated to the Secretary pursuant to paragraph (1) in accordance

with -

''(i) all regulations governing the utilization of excess

property and the disposal of surplus property under the Federal

Property and Administrative Services Act of 1949 (now chapters 1

to 11 of Title 40, Public Buildings, Property, and Works and

title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.));

and

''(ii) all regulations governing the conveyance and disposal of

property under section 13(g) of the Surplus Property Act of 1944

(50 U.S.C. App. 1622(g)).

''(B) The Secretary may, with the concurrence of the

Administrator of General Services -

''(i) prescribe general policies and methods for utilizing

excess property and disposing of surplus property pursuant to the

authority delegated under paragraph (1); and

''(ii) issue regulations relating to such policies and methods,

which shall supersede the regulations referred to in subparagraph

(A) with respect to that authority.

''(C) The Secretary of Defense may transfer real property or

facilities located at a military installation to be closed or

realigned under this part, with or without reimbursement, to a

military department or other entity (including a nonappropriated

fund instrumentality) within the Department of Defense or the Coast

Guard.

''(D) Before any action may be taken with respect to the disposal

of any surplus real property or facility located at any military

installation to be closed or realigned under this part, the

Secretary of Defense shall consult with the Governor of the State

and the heads of the local governments concerned for the purpose of

considering any plan for the use of such property by the local

community concerned.

''(3)(A) Not later than 6 months after the date of approval of

the closure or realignment of a military installation under this

part, the Secretary, in consultation with the redevelopment

authority with respect to the installation, shall -

''(i) inventory the personal property located at the

installation; and

''(ii) identify the items (or categories of items) of such

personal property that the Secretary determines to be related to

real property and anticipates will support the implementation of

the redevelopment plan with respect to the installation.

''(B) If no redevelopment authority referred to in subparagraph

(A) exists with respect to an installation, the Secretary shall

consult with -

''(i) the local government in whose jurisdiction the

installation is wholly located; or

''(ii) a local government agency or State government agency

designated for the purpose of such consultation by the chief

executive officer of the State in which the installation is

located.

''(C)(i) Except as provided in subparagraphs (E) and (F), the

Secretary may not carry out any of the activities referred to in

clause (ii) with respect to an installation referred to in that

clause until the earlier of -

''(I) one week after the date on which the redevelopment plan

for the installation is submitted to the Secretary;

''(II) the date on which the redevelopment authority notifies

the Secretary that it will not submit such a plan;

''(III) twenty-four months after the date of approval of the

closure or realignment of the installation; or

''(IV) ninety days before the date of the closure or

realignment of the installation.

''(ii) The activities referred to in clause (i) are activities

relating to the closure or realignment of an installation to be

closed or realigned under this part as follows:

''(I) The transfer from the installation of items of personal

property at the installation identified in accordance with

subparagraph (A).

''(II) The reduction in maintenance and repair of facilities or

equipment located at the installation below the minimum levels

required to support the use of such facilities or equipment for

nonmilitary purposes.

''(D) Except as provided in paragraph (4), the Secretary may not

transfer items of personal property located at an installation to

be closed or realigned under this part to another installation, or

dispose of such items, if such items are identified in the

redevelopment plan for the installation as items essential to the

reuse or redevelopment of the installation. In connection with the

development of the redevelopment plan for the installation, the

Secretary shall consult with the entity responsible for developing

the redevelopment plan to identify the items of personal property

located at the installation, if any, that the entity desires to be

retained at the installation for reuse or redevelopment of the

installation.

''(E) This paragraph shall not apply to any personal property

located at an installation to be closed or realigned under this

part if the property -

''(i) is required for the operation of a unit, function,

component, weapon, or weapons system at another installation;

''(ii) is uniquely military in character, and is likely to have

no civilian use (other than use for its material content or as a

source of commonly used components);

''(iii) is not required for the reutilization or redevelopment

of the installation (as jointly determined by the Secretary and

the redevelopment authority);

''(iv) is stored at the installation for purposes of

distribution (including spare parts or stock items); or

''(v)(I) meets known requirements of an authorized program of

another Federal department or agency for which expenditures for

similar property would be necessary, and (II) is the subject of a

written request by the head of the department or agency.

''(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary

may carry out any activity referred to in subparagraph (C)(ii) or

(D) if the Secretary determines that the carrying out of such

activity is in the national security interest of the United States.

''(4)(A) The Secretary may transfer real property and personal

property located at a military installation to be closed or

realigned under this part to the redevelopment authority with

respect to the installation for purposes of job generation on the

installation.

''(B) With respect to military installations for which the date

of approval of closure or realignment is after January 1, 2005, the

Secretary shall seek to obtain consideration in connection with any

transfer under this paragraph of property located at the

installation in an amount equal to the fair market value of the

property, as determined by the Secretary. The transfer of property

of a military installation under subparagraph (A) may be without

consideration if the redevelopment authority with respect to the

installation -

''(i) agrees that the proceeds from any sale or lease of the

property (or any portion thereof) received by the redevelopment

authority during at least the first seven years after the date of

the initial transfer of property under subparagraph (A) shall be

used to support the economic redevelopment of, or related to, the

installation; and

''(ii) executes the agreement for transfer of the property and

accepts control of the property within a reasonable time after

the date of the property disposal record of decision or finding

of no significant impact under the National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et seq.).

''(C) For purposes of subparagraph (B), the use of proceeds from

a sale or lease described in such subparagraph to pay for, or

offset the costs of, public investment on or related to the

installation for any of the following purposes shall be considered

a use to support the economic redevelopment of, or related to, the

installation:

''(i) Road construction.

''(ii) Transportation management facilities.

''(iii) Storm and sanitary sewer construction.

''(iv) Police and fire protection facilities and other public

facilities.

''(v) Utility construction.

''(vi) Building rehabilitation.

''(vii) Historic property preservation.

''(viii) Pollution prevention equipment or facilities.

''(ix) Demolition.

''(x) Disposal of hazardous materials generated by demolition.

''(xi) Landscaping, grading, and other site or public

improvements.

''(xii) Planning for or the marketing of the development and

reuse of the installation.

''(D) The Secretary may recoup from a redevelopment authority

such portion of the proceeds from a sale or lease described in

subparagraph (B) as the Secretary determines appropriate if the

redevelopment authority does not use the proceeds to support

economic redevelopment of, or related to, the installation for the

period specified in subparagraph (B).

''(E)(i) The Secretary may transfer real property at an

installation approved for closure or realignment under this part

(including property at an installation approved for realignment

which will be retained by the Department of Defense or another

Federal agency after realignment) to the redevelopment authority

for the installation if the redevelopment authority agrees to

lease, directly upon transfer, one or more portions of the property

transferred under this subparagraph to the Secretary or to the head

of another department or agency of the Federal Government.

Subparagraph (B) shall apply to a transfer under this subparagraph.

''(ii) A lease under clause (i) shall be for a term of not to

exceed 50 years, but may provide for options for renewal or

extension of the term by the department or agency concerned.

''(iii) A lease under clause (i) may not require rental payments

by the United States.

''(iv) A lease under clause (i) shall include a provision

specifying that if the department or agency concerned ceases

requiring the use of the leased property before the expiration of

the term of the lease, the remainder of the lease term may be

satisfied by the same or another department or agency of the

Federal Government using the property for a use similar to the use

under the lease. Exercise of the authority provided by this clause

shall be made in consultation with the redevelopment authority

concerned.

''(v) Notwithstanding clause (iii), if a lease under clause (i)

involves a substantial portion of the installation, the department

or agency concerned may obtain facility services for the leased

property and common area maintenance from the redevelopment

authority or the redevelopment authority's assignee as a provision

of the lease. The facility services and common area maintenance

shall be provided at a rate no higher than the rate charged to

non-Federal tenants of the transferred property. Facility services

and common area maintenance covered by the lease shall not include

-

''(I) municipal services that a State or local government is

required by law to provide to all landowners in its jurisdiction

without direct charge; or

''(II) firefighting or security-guard functions.

''(F) The transfer of personal property under subparagraph (A)

shall not be subject to the provisions of subchapters II and III of

chapter 5 of title 40, United States Code, if the Secretary

determines that the transfer of such property is necessary for the

effective implementation of a redevelopment plan with respect to

the installation at which such property is located.

''(G) The provisions of section 120(h) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9620(h)) shall apply to any transfer of real property under

this paragraph.

''(H)(i) In the case of an agreement for the transfer of property

of a military installation under this paragraph that was entered

into before April 21, 1999, the Secretary may modify the agreement,

and in so doing compromise, waive, adjust, release, or reduce any

right, title, claim, lien, or demand of the United States, if -

''(I) the Secretary determines that as a result of changed

economic circumstances, a modification of the agreement is

necessary;

''(II) the terms of the modification do not require the return

of any payments that have been made to the Secretary;

''(III) the terms of the modification do not compromise, waive,

adjust, release, or reduce any right, title, claim, lien, or

demand of the United States with respect to in-kind

consideration; and

''(IV) the cash consideration to which the United States is

entitled under the modified agreement, when combined with the

cash consideration to be received by the United States for the

disposal of other real property assets on the installation, are

as sufficient as they were under the original agreement to fund

the reserve account established under section 204(b)(7)(C) of the

Defense Authorization Amendments and Base Closure and Realignment

Act (Pub. L. 100-526, 10 U.S.C. 2687 note), with the depreciated

value of the investment made with commissary store funds or

nonappropriated funds in property disposed of pursuant to the

agreement being modified, in accordance with section 2906(d).

''(ii) When exercising the authority granted by clause (i), the

Secretary may waive some or all future payments if, and to the

extent that, the Secretary determines such waiver is necessary.

''(iii) With the exception of the requirement that the transfer

be without consideration, the requirements of subparagraphs (B),

(C), and (D) shall be applicable to any agreement modified pursuant

to clause (i).

''(I) In the case of an agreement for the transfer of property of

a military installation under this paragraph that was entered into

during the period beginning on April 21, 1999, and ending on the

date of enactment of the National Defense Authorization Act for

Fiscal Year 2000 (Oct. 5, 1999), at the request of the

redevelopment authority concerned, the Secretary shall modify the

agreement to conform to all the requirements of subparagraphs (B),

(C), and (D). Such a modification may include the compromise,

waiver, adjustment, release, or reduction of any right, title,

claim, lien, or demand of the United States under the agreement.

''(J) The Secretary may require any additional terms and

conditions in connection with a transfer under this paragraph as

such Secretary considers appropriate to protect the interests of

the United States.

''(5)(A) Except as provided in subparagraphs (B) and (C), the

Secretary shall take such actions as the Secretary determines

necessary to ensure that final determinations under paragraph (1)

regarding whether another department or agency of the Federal

Government has identified a use for any portion of a military

installation to be closed or realigned under this part, or will

accept transfer of any portion of such installation, are made not

later than 6 months after the date of approval of closure or

realignment of that installation.

''(B) The Secretary may, in consultation with the redevelopment

authority with respect to an installation, postpone making the

final determinations referred to in subparagraph (A) with respect

to the installation for such period as the Secretary determines

appropriate if the Secretary determines that such postponement is

in the best interests of the communities affected by the closure or

realignment of the installation.

''(C)(i) Before acquiring non-Federal real property as the

location for a new or replacement Federal facility of any type, the

head of the Federal agency acquiring the property shall consult

with the Secretary regarding the feasibility and cost advantages of

using Federal property or facilities at a military installation

closed or realigned or to be closed or realigned under this part as

the location for the new or replacement facility. In considering

the availability and suitability of a specific military

installation, the Secretary and the head of the Federal agency

involved shall obtain the concurrence of the redevelopment

authority with respect to the installation and comply with the

redevelopment plan for the installation.

''(ii) Not later than 30 days after acquiring non-Federal real

property as the location for a new or replacement Federal facility,

the head of the Federal agency acquiring the property shall submit

to Congress a report containing the results of the consultation

under clause (i) and the reasons why military installations

referred to in such clause that are located within the area to be

served by the new or replacement Federal facility or within a

200-mile radius of the new or replacement facility, whichever area

is greater, were considered to be unsuitable or unavailable for the

site of the new or replacement facility.

''(iii) This subparagraph shall apply during the period beginning

on the date of the enactment of the National Defense Authorization

Act for Fiscal Year 1998 (Nov. 18, 1997) and ending on July 31,

2001.

''(6)(A) Except as provided in this paragraph, nothing in this

section shall limit or otherwise affect the application of the

provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C.

11301 et seq.) to military installations closed under this part.

For procedures relating to the use to assist the homeless of

buildings and property at installations closed under this part

after the date of the enactment of this sentence (Oct. 25, 1994),

see paragraph (7).

''(B)(i) Not later than the date on which the Secretary of

Defense completes the determination under paragraph (5) of the

transferability of any portion of an installation to be closed

under this part, the Secretary shall -

''(I) complete any determinations or surveys necessary to

determine whether any building or property referred to in clause

(ii) is excess property, surplus property, or unutilized or

underutilized property for the purpose of the information

referred to in section 501(a) of such Act (42 U.S.C. 11411(a));

and

''(II) submit to the Secretary of Housing and Urban Development

information on any building or property that is so determined.

''(ii) The buildings and property referred to in clause (i) are

any buildings or property located at an installation referred to in

that clause for which no use is identified, or of which no Federal

department or agency will accept transfer, pursuant to the

determination of transferability referred to in that clause.

''(C) Not later than 60 days after the date on which the

Secretary of Defense submits information to the Secretary of

Housing and Urban Development under subparagraph (B)(ii), the

Secretary of Housing and Urban Development shall -

''(i) identify the buildings and property described in such

information that are suitable for use to assist the homeless;

''(ii) notify the Secretary of Defense of the buildings and

property that are so identified;

''(iii) publish in the Federal Register a list of the buildings

and property that are so identified, including with respect to

each building or property the information referred to in section

501(c)(1)(B) of such Act (42 U.S.C. 11411(c)(1)(B)); and

''(iv) make available with respect to each building and

property the information referred to in section 501(c)(1)(C) of

such Act in accordance with such section 501(c)(1)(C).

''(D) Any buildings and property included in a list published

under subparagraph (C)(iii) shall be treated as property available

for application for use to assist the homeless under section 501(d)

of such Act.

''(E) The Secretary of Defense shall make available in accordance

with section 501(f) of such Act any buildings or property referred

to in subparagraph (D) for which -

''(i) a written notice of an intent to use such buildings or

property to assist the homeless is received by the Secretary of

Health and Human Services in accordance with section 501(d)(2) of

such Act;

''(ii) an application for use of such buildings or property for

such purpose is submitted to the Secretary of Health and Human

Services in accordance with section 501(e)(2) of such Act; and

''(iii) the Secretary of Health and Human Services -

''(I) completes all actions on the application in accordance

with section 501(e)(3) of such Act; and

''(II) approves the application under section 501(e) of such

Act.

''(F)(i) Subject to clause (ii), a redevelopment authority may

express in writing an interest in using buildings and property

referred to subparagraph (D), and buildings and property referred

to in subparagraph (B)(ii) which have not been identified as

suitable for use to assist the homeless under subparagraph (C), or

use such buildings and property, in accordance with the

redevelopment plan with respect to the installation at which such

buildings and property are located as follows:

''(I) If no written notice of an intent to use such buildings

or property to assist the homeless is received by the Secretary

of Health and Human Services in accordance with section 501(d)(2)

of such Act during the 60-day period beginning on the date of the

publication of the buildings and property under subparagraph

(C)(iii).

''(II) In the case of buildings and property for which such

notice is so received, if no completed application for use of the

buildings or property for such purpose is received by the

Secretary of Health and Human Services in accordance with section

501(e)(2) of such Act during the 90-day period beginning on the

date of the receipt of such notice.

''(III) In the case of buildings and property for which such

application is so received, if the Secretary of Health and Human

Services rejects the application under section 501(e) of such

Act.

''(ii) Buildings and property shall be available only for the

purpose of permitting a redevelopment authority to express in

writing an interest in the use of such buildings and property, or

to use such buildings and property, under clause (i) as follows:

''(I) In the case of buildings and property referred to in

clause (i)(I), during the one-year period beginning on the first

day after the 60-day period referred to in that clause.

''(II) In the case of buildings and property referred to in

clause (i)(II), during the one-year period beginning on the first

day after the 90-day period referred to in that clause.

''(III) In the case of buildings and property referred to in

clause (i)(III), during the one-year period beginning on the date

of the rejection of the application referred to in that clause.

''(iii) A redevelopment authority shall express an interest in

the use of buildings and property under this subparagraph by

notifying the Secretary of Defense, in writing, of such an

interest.

''(G)(i) Buildings and property available for a redevelopment

authority under subparagraph (F) shall not be available for use to

assist the homeless under section 501 of such Act (42 U.S.C. 11411)

while so available for a redevelopment authority.

''(ii) If a redevelopment authority does not express an interest

in the use of buildings or property, or commence the use of

buildings or property, under subparagraph (F) within the applicable

time periods specified in clause (ii) of such subparagraph, such

buildings or property shall be treated as property available for

use to assist the homeless under section 501(a) of such Act.

''(7)(A) The disposal of buildings and property located at

installations approved for closure or realignment under this part

after October 25, 1994, shall be carried out in accordance with

this paragraph rather than paragraph (6).

''(B)(i) Not later than the date on which the Secretary of

Defense completes the final determinations referred to in paragraph

(5) relating to the use or transferability of any portion of an

installation covered by this paragraph, the Secretary shall -

''(I) identify the buildings and property at the installation

for which the Department of Defense has a use, for which another

department or agency of the Federal Government has identified a

use, or of which another department or agency will accept a

transfer;

''(II) take such actions as are necessary to identify any

building or property at the installation not identified under

subclause (I) that is excess property or surplus property;

''(III) submit to the Secretary of Housing and Urban

Development and to the redevelopment authority for the

installation (or the chief executive officer of the State in

which the installation is located if there is no redevelopment

authority for the installation at the completion of the

determination described in the stem of this sentence) information

on any building or property that is identified under subclause

(II); and

''(IV) publish in the Federal Register and in a newspaper of

general circulation in the communities in the vicinity of the

installation information on the buildings and property identified

under subclause (II).

''(ii) Upon the recognition of a redevelopment authority for an

installation covered by this paragraph, the Secretary of Defense

shall publish in the Federal Register and in a newspaper of general

circulation in the communities in the vicinity of the installation

information on the redevelopment authority.

''(C)(i) State and local governments, representatives of the

homeless, and other interested parties located in the communities

in the vicinity of an installation covered by this paragraph shall

submit to the redevelopment authority for the installation a notice

of the interest, if any, of such governments, representatives, and

parties in the buildings or property, or any portion thereof, at

the installation that are identified under subparagraph (B)(i)(II).

A notice of interest under this clause shall describe the need of

the government, representative, or party concerned for the

buildings or property covered by the notice.

''(ii) The redevelopment authority for an installation shall

assist the governments, representatives, and parties referred to in

clause (i) in evaluating buildings and property at the installation

for purposes of this subparagraph.

''(iii) In providing assistance under clause (ii), a

redevelopment authority shall -

''(I) consult with representatives of the homeless in the

communities in the vicinity of the installation concerned; and

''(II) undertake outreach efforts to provide information on the

buildings and property to representatives of the homeless, and to

other persons or entities interested in assisting the homeless,

in such communities.

''(iv) It is the sense of Congress that redevelopment authorities

should begin to conduct outreach efforts under clause (iii)(II)

with respect to an installation as soon as is practicable after the

date of approval of closure or realignment of the installation.

''(D)(i) State and local governments, representatives of the

homeless, and other interested parties shall submit a notice of

interest to a redevelopment authority under subparagraph (C) not

later than the date specified for such notice by the redevelopment

authority.

''(ii) The date specified under clause (i) shall be -

''(I) in the case of an installation for which a redevelopment

authority has been recognized as of the date of the completion of

the determinations referred to in paragraph (5), not earlier than

3 months and not later than 6 months after the date of

publication of such determination in a newspaper of general

circulation in the communities in the vicinity of the

installation under subparagraph (B)(i)(IV); and

''(II) in the case of an installation for which a redevelopment

authority is not recognized as of such date, not earlier than 3

months and not later than 6 months after the date of the

recognition of a redevelopment authority for the installation.

''(iii) Upon specifying a date for an installation under this

subparagraph, the redevelopment authority for the installation

shall -

''(I) publish the date specified in a newspaper of general

circulation in the communities in the vicinity of the

installation concerned; and

''(II) notify the Secretary of Defense of the date.

''(E)(i) In submitting to a redevelopment authority under

subparagraph (C) a notice of interest in the use of buildings or

property at an installation to assist the homeless, a

representative of the homeless shall submit the following:

''(I) A description of the homeless assistance program that the

representative proposes to carry out at the installation.

''(II) An assessment of the need for the program.

''(III) A description of the extent to which the program is or

will be coordinated with other homeless assistance programs in

the communities in the vicinity of the installation.

''(IV) A description of the buildings and property at the

installation that are necessary in order to carry out the

program.

''(V) A description of the financial plan, the organization,

and the organizational capacity of the representative to carry

out the program.

''(VI) An assessment of the time required in order to commence

carrying out the program.

''(ii) A redevelopment authority may not release to the public

any information submitted to the redevelopment authority under

clause (i)(V) without the consent of the representative of the

homeless concerned unless such release is authorized under Federal

law and under the law of the State and communities in which the

installation concerned is located.

''(F)(i) The redevelopment authority for each installation

covered by this paragraph shall prepare a redevelopment plan for

the installation. The redevelopment authority shall, in preparing

the plan, consider the interests in the use to assist the homeless

of the buildings and property at the installation that are

expressed in the notices submitted to the redevelopment authority

under subparagraph (C).

''(ii)(I) In connection with a redevelopment plan for an

installation, a redevelopment authority and representatives of the

homeless shall prepare legally binding agreements that provide for

the use to assist the homeless of buildings and property,

resources, and assistance on or off the installation. The

implementation of such agreements shall be contingent upon the

decision regarding the disposal of the buildings and property

covered by the agreements by the Secretary of Defense under

subparagraph (K) or (L).

''(II) Agreements under this clause shall provide for the

reversion to the redevelopment authority concerned, or to such

other entity or entities as the agreements shall provide, of

buildings and property that are made available under this paragraph

for use to assist the homeless in the event that such buildings and

property cease being used for that purpose.

''(iii) A redevelopment authority shall provide opportunity for

public comment on a redevelopment plan before submission of the

plan to the Secretary of Defense and the Secretary of Housing and

Urban Development under subparagraph (G).

''(iv) A redevelopment authority shall complete preparation of a

redevelopment plan for an installation and submit the plan under

subparagraph (G) not later than 9 months after the date specified

by the redevelopment authority for the installation under

subparagraph (D).

''(G)(i) Upon completion of a redevelopment plan under

subparagraph (F), a redevelopment authority shall submit an

application containing the plan to the Secretary of Defense and to

the Secretary of Housing and Urban Development.

''(ii) A redevelopment authority shall include in an application

under clause (i) the following:

''(I) A copy of the redevelopment plan, including a summary of

any public comments on the plan received by the redevelopment

authority under subparagraph (F)(iii).

''(II) A copy of each notice of interest of use of buildings

and property to assist the homeless that was submitted to the

redevelopment authority under subparagraph (C), together with a

description of the manner, if any, in which the plan addresses

the interest expressed in each such notice and, if the plan does

not address such an interest, an explanation why the plan does

not address the interest.

''(III) A summary of the outreach undertaken by the

redevelopment authority under subparagraph (C)(iii)(II) in

preparing the plan.

''(IV) A statement identifying the representatives of the

homeless and the homeless assistance planning boards, if any,

with which the redevelopment authority consulted in preparing the

plan, and the results of such consultations.

''(V) An assessment of the manner in which the redevelopment

plan balances the expressed needs of the homeless and the need of

the communities in the vicinity of the installation for economic

redevelopment and other development.

''(VI) Copies of the agreements that the redevelopment

authority proposes to enter into under subparagraph (F)(ii).

''(H)(i) Not later than 60 days after receiving a redevelopment

plan under subparagraph (G), the Secretary of Housing and Urban

Development shall complete a review of the plan. The purpose of

the review is to determine whether the plan, with respect to the

expressed interest and requests of representatives of the homeless

-

''(I) takes into consideration the size and nature of the

homeless population in the communities in the vicinity of the

installation, the availability of existing services in such

communities to meet the needs of the homeless in such

communities, and the suitability of the buildings and property

covered by the plan for the use and needs of the homeless in such

communities;

''(II) takes into consideration any economic impact of the

homeless assistance under the plan on the communities in the

vicinity of the installation;

''(III) balances in an appropriate manner the needs of the

communities in the vicinity of the installation for economic

redevelopment and other development with the needs of the

homeless in such communities;

''(IV) was developed in consultation with representatives of

the homeless and the homeless assistance planning boards, if any,

in the communities in the vicinity of the installation; and

''(V) specifies the manner in which buildings and property,

resources, and assistance on or off the installation will be made

available for homeless assistance purposes.

''(ii) It is the sense of Congress that the Secretary of Housing

and Urban Development shall, in completing the review of a plan

under this subparagraph, take into consideration and be receptive

to the predominant views on the plan of the communities in the

vicinity of the installation covered by the plan.

''(iii) The Secretary of Housing and Urban Development may engage

in negotiations and consultations with a redevelopment authority

before or during the course of a review under clause (i) with a

view toward resolving any preliminary determination of the

Secretary that a redevelopment plan does not meet a requirement set

forth in that clause. The redevelopment authority may modify the

redevelopment plan as a result of such negotiations and

consultations.

''(iv) Upon completion of a review of a redevelopment plan under

clause (i), the Secretary of Housing and Urban Development shall

notify the Secretary of Defense and the redevelopment authority

concerned of the determination of the Secretary of Housing and

Urban Development under that clause.

''(v) If the Secretary of Housing and Urban Development

determines as a result of such a review that a redevelopment plan

does not meet the requirements set forth in clause (i), a notice

under clause (iv) shall include -

''(I) an explanation of that determination; and

''(II) a statement of the actions that the redevelopment

authority must undertake in order to address that determination.

''(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a

determination that a redevelopment plan does not meet a requirement

set forth in subparagraph (H)(i), a redevelopment authority shall

have the opportunity to -

''(I) revise the plan in order to address the determination;

and

''(II) submit the revised plan to the Secretary of Defense and

the Secretary of Housing and Urban Development.

''(ii) A redevelopment authority shall submit a revised plan

under this subparagraph to such Secretaries, if at all, not later

than 90 days after the date on which the redevelopment authority

receives the notice referred to in clause (i).

''(J)(i) Not later than 30 days after receiving a revised

redevelopment plan under subparagraph (I), the Secretary of Housing

and Urban Development shall review the revised plan and determine

if the plan meets the requirements set forth in subparagraph

(H)(i).

''(ii) The Secretary of Housing and Urban Development shall

notify the Secretary of Defense and the redevelopment authority

concerned of the determination of the Secretary of Housing and

Urban Development under this subparagraph.

''(K)(i) Upon receipt of a notice under subparagraph (H)(iv) or

(J)(ii) of the determination of the Secretary of Housing and Urban

Development that a redevelopment plan for an installation meets the

requirements set forth in subparagraph (H)(i), the Secretary of

Defense shall dispose of the buildings and property at the

installation.

''(ii) For purposes of carrying out an environmental assessment

of the closure or realignment of an installation, the Secretary of

Defense shall treat the redevelopment plan for the installation

(including the aspects of the plan providing for disposal to State

or local governments, representatives of the homeless, and other

interested parties) as part of the proposed Federal action for the

installation.

''(iii) The Secretary of Defense shall dispose of buildings and

property under clause (i) in accordance with the record of decision

or other decision document prepared by the Secretary in accordance

with the National Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.). In preparing the record of decision or other decision

document, the Secretary shall give substantial deference to the

redevelopment plan concerned.

''(iv) The disposal under clause (i) of buildings and property to

assist the homeless shall be without consideration.

''(v) In the case of a request for a conveyance under clause (i)

of buildings and property for public benefit under section 550 of

title 40, United States Code, or sections 47151 through 47153 of

title 49, United States Code, the sponsoring Federal agency shall

use the eligibility criteria set forth in such section or such

subchapter (probably means subchapter II (Sec. 47151 et seq.) of

chapter 471 of Title 49, Transportation) (as the case may be) to

determine the eligibility of the applicant and use proposed in the

request for the public benefit conveyance. The determination of

such eligibility should be made before submission of the

redevelopment plan concerned under subparagraph (G).

''(L)(i) If the Secretary of Housing and Urban Development

determines under subparagraph (J) that a revised redevelopment plan

for an installation does not meet the requirements set forth in

subparagraph (H)(i), or if no revised plan is so submitted, that

Secretary shall -

''(I) review the original redevelopment plan submitted to that

Secretary under subparagraph (G), including the notice or notices

of representatives of the homeless referred to in clause (ii)(II)

of that subparagraph;

''(II) consult with the representatives referred to in

subclause (I), if any, for purposes of evaluating the continuing

interest of such representatives in the use of buildings or

property at the installation to assist the homeless;

''(III) request that each such representative submit to that

Secretary the items described in clause (ii); and

''(IV) based on the actions of that Secretary under subclauses

(I) and (II), and on any information obtained by that Secretary

as a result of such actions, indicate to the Secretary of Defense

the buildings and property at the installation that meet the

requirements set forth in subparagraph (H)(i).

''(ii) The Secretary of Housing and Urban Development may request

under clause (i)(III) that a representative of the homeless submit

to that Secretary the following:

''(I) A description of the program of such representative to

assist the homeless.

''(II) A description of the manner in which the buildings and

property that the representative proposes to use for such purpose

will assist the homeless.

''(III) Such information as that Secretary requires in order to

determine the financial capacity of the representative to carry

out the program and to ensure that the program will be carried

out in compliance with Federal environmental law and Federal law

against discrimination.

''(IV) A certification that police services, fire protection

services, and water and sewer services available in the

communities in the vicinity of the installation concerned are

adequate for the program.

''(iii) Not later than 90 days after the date of the receipt of a

revised plan for an installation under subparagraph (J), the

Secretary of Housing and Urban Development shall -

''(I) notify the Secretary of Defense and the redevelopment

authority concerned of the buildings and property at an

installation under clause (i)(IV) that the Secretary of Housing

and Urban Development determines are suitable for use to assist

the homeless; and

''(II) notify the Secretary of Defense of the extent to which

the revised plan meets the criteria set forth in subparagraph

(H)(i).

''(iv)(I) Upon notice from the Secretary of Housing and Urban

Development with respect to an installation under clause (iii), the

Secretary of Defense shall dispose of buildings and property at the

installation in consultation with the Secretary of Housing and

Urban Development and the redevelopment authority concerned.

''(II) For purposes of carrying out an environmental assessment

of the closure or realignment of an installation, the Secretary of

Defense shall treat the redevelopment plan submitted by the

redevelopment authority for the installation (including the aspects

of the plan providing for disposal to State or local governments,

representatives of the homeless, and other interested parties) as

part of the proposed Federal action for the installation. The

Secretary of Defense shall incorporate the notification of the

Secretary of Housing and Urban Development under clause (iii)(I) as

part of the proposed Federal action for the installation only to

the extent, if any, that the Secretary of Defense considers such

incorporation to be appropriate and consistent with the best and

highest use of the installation as a whole, taking into

consideration the redevelopment plan submitted by the redevelopment

authority.

''(III) The Secretary of Defense shall dispose of buildings and

property under subclause (I) in accordance with the record of

decision or other decision document prepared by the Secretary in

accordance with the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.). In preparing the record of decision or other

decision document, the Secretary shall give deference to the

redevelopment plan submitted by the redevelopment authority for the

installation.

''(IV) The disposal under subclause (I) of buildings and property

to assist the homeless shall be without consideration.

''(V) In the case of a request for a conveyance under subclause

(I) of buildings and property for public benefit under section 550

of title 40, United States Code, or sections 47151 through 47153 of

title 49, United States Code, the sponsoring Federal agency shall

use the eligibility criteria set forth in such section or such

subchapter (probably means subchapter II (Sec. 47151 et seq.) of

Title 49, Transportation) (as the case may be) to determine the

eligibility of the applicant and use proposed in the request for

the public benefit conveyance. The determination of such

eligibility should be made before submission of the redevelopment

plan concerned under subparagraph (G).

''(M)(i) In the event of the disposal of buildings and property

of an installation pursuant to subparagraph (K) or (L), the

redevelopment authority for the installation shall be responsible

for the implementation of and compliance with agreements under the

redevelopment plan described in that subparagraph for the

installation.

''(ii) If a building or property reverts to a redevelopment

authority under such an agreement, the redevelopment authority

shall take appropriate actions to secure, to the maximum extent

practicable, the utilization of the building or property by other

homeless representatives to assist the homeless. A redevelopment

authority may not be required to utilize the building or property

to assist the homeless.

''(N) The Secretary of Defense may postpone or extend any

deadline provided for under this paragraph in the case of an

installation covered by this paragraph for such period as the

Secretary considers appropriate if the Secretary determines that

such postponement is in the interests of the communities affected

by the closure or realignment of the installation. The Secretary

shall make such determinations in consultation with the

redevelopment authority concerned and, in the case of deadlines

provided for under this paragraph with respect to the Secretary of

Housing and Urban Development, in consultation with the Secretary

of Housing and Urban Development.

''(O) For purposes of this paragraph, the term 'communities in

the vicinity of the installation', in the case of an installation,

means the communities that constitute the political jurisdictions

(other than the State in which the installation is located) that

comprise the redevelopment authority for the installation.

''(P) For purposes of this paragraph, the term 'other interested

parties', in the case of an installation, includes any parties

eligible for the conveyance of property of the installation under

section 550 of title 40, United States Code, or sections 47151

through 47153 of title 49, United States Code, whether or not the

parties assist the homeless.

''(8)(A) Subject to subparagraph (C), the Secretary may enter

into agreements (including contracts, cooperative agreements, or

other arrangements for reimbursement) with local governments for

the provision of police or security services, fire protection

services, airfield operation services, or other community services

by such governments at military installations to be closed under

this part, or at facilities not yet transferred or otherwise

disposed of in the case of installations closed under this part, if

the Secretary determines that the provision of such services under

such agreements is in the best interests of the Department of

Defense.

''(B) The Secretary may exercise the authority provided under

this paragraph without regard to the provisions of chapter 146 of

title 10, United States Code.

''(C) The Secretary may not exercise the authority under

subparagraph (A) with respect to an installation earlier than 180

days before the date on which the installation is to be closed.

''(D) The Secretary shall include in a contract for services

entered into with a local government under this paragraph a clause

that requires the use of professionals to furnish the services to

the extent that professionals are available in the area under the

jurisdiction of such government.

''(c) Applicability of National Environmental Policy Act of 1969.

- (1) The provisions of the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions of the

President, the Commission, and, except as provided in paragraph

(2), the Department of Defense in carrying out this part.

''(2)(A) The provisions of the National Environmental Policy Act

of 1969 shall apply to actions of the Department of Defense under

this part (i) during the process of property disposal, and (ii)

during the process of relocating functions from a military

installation being closed or realigned to another military

installation after the receiving installation has been selected but

before the functions are relocated.

''(B) In applying the provisions of the National Environmental

Policy Act of 1969 to the processes referred to in subparagraph

(A), the Secretary of Defense and the Secretary of the military

departments concerned shall not have to consider -

''(i) the need for closing or realigning the military

installation which has been recommended for closure or

realignment by the Commission;

''(ii) the need for transferring functions to any military

installation which has been selected as the receiving

installation; or

''(iii) military installations alternative to those recommended

or selected.

''(3) A civil action for judicial review, with respect to any

requirement of the National Environmental Policy Act of 1969 to the

extent such Act is applicable under paragraph (2), of any act or

failure to act by the Department of Defense during the closing,

realigning, or relocating of functions referred to in clauses (i)

and (ii) of paragraph (2)(A), may not be brought more than 60 days

after the date of such act or failure to act.

''(d) Waiver. - The Secretary of Defense may close or realign

military installations under this part without regard to -

''(1) any provision of law restricting the use of funds for

closing or realigning military installations included in any

appropriations or authorization Act; and

''(2) sections 2662 and 2687 of title 10, United States Code.

''(e) Transfer Authority in Connection With Payment of

Environmental Remediation Costs. - (1)(A) Subject to paragraph (2)

of this subsection and section 120(h) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9620(h)), the Secretary may enter into an agreement to

transfer by deed real property or facilities referred to in

subparagraph (B) with any person who agrees to perform all

environmental restoration, waste management, and environmental

compliance activities that are required for the property or

facilities under Federal and State laws, administrative decisions,

agreements (including schedules and milestones), and concurrences.

''(B) The real property and facilities referred to in

subparagraph (A) are the real property and facilities located at an

installation closed or to be closed, or realigned or to be

realigned, under this part that are available exclusively for the

use, or expression of an interest in a use, of a redevelopment

authority under subsection (b)(6)(F) during the period provided for

that use, or expression of interest in use, under that subsection.

The real property and facilities referred to in subparagraph (A)

are also the real property and facilities located at an

installation approved for closure or realignment under this part

after 2001 that are available for purposes other than to assist the

homeless.

''(C) The Secretary may require any additional terms and

conditions in connection with an agreement authorized by

subparagraph (A) as the Secretary considers appropriate to protect

the interests of the United States.

''(2) A transfer of real property or facilities may be made under

paragraph (1) only if the Secretary certifies to Congress that -

''(A) the costs of all environmental restoration, waste

management, and environmental compliance activities otherwise to

be paid by the Secretary with respect to the property or

facilities are equal to or greater than the fair market value of

the property or facilities to be transferred, as determined by

the Secretary; or

''(B) if such costs are lower than the fair market value of the

property or facilities, the recipient of the property or

facilities agrees to pay the difference between the fair market

value and such costs.

''(3) In the case of property or facilities covered by a

certification under paragraph (2)(A), the Secretary may pay the

recipient of such property or facilities an amount equal to the

lesser of -

''(A) the amount by which the costs incurred by the recipient

of such property or facilities for all environmental restoration,

waste, management, and environmental compliance activities with

respect to such property or facilities exceed the fair market

value of such property or facilities as specified in such

certification; or

''(B) the amount by which the costs (as determined by the

Secretary) that would otherwise have been incurred by the

Secretary for such restoration, management, and activities with

respect to such property or facilities exceed the fair market

value of such property or facilities as so specified.

''(4) As part of an agreement under paragraph (1), the Secretary

shall disclose to the person to whom the property or facilities

will be transferred any information of the Secretary regarding the

environmental restoration, waste management, and environmental

compliance activities described in paragraph (1) that relate to the

property or facilities. The Secretary shall provide such

information before entering into the agreement.

''(5) Nothing in this subsection shall be construed to modify,

alter, or amend the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or

the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

''(6) Section 330 of the National Defense Authorization Act for

Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) shall

not apply to any transfer under this subsection to persons or

entities described in subsection (a)(2) of such section 330, except

in the case of releases or threatened releases not disclosed

pursuant to paragraph (4).

''(f) Transfer Authority in Connection With Construction or

Provision of Military Family Housing. - (1) Subject to paragraph

(2), the Secretary may enter into an agreement to transfer by deed

real property or facilities located at or near an installation

closed or to be closed under this part with any person who agrees,

in exchange for the real property or facilities, to transfer to the

Secretary housing units that are constructed or provided by the

person and located at or near a military installation at which

there is a shortage of suitable housing to meet the requirements of

members of the Armed Forces and their dependents.

''(2) A transfer of real property or facilities may be made under

paragraph (1) only if -

''(A) the fair market value of the housing units to be received

by the Secretary in exchange for the property or facilities to be

transferred is equal to or greater than the fair market value of

such property or facilities, as determined by the Secretary; or

''(B) in the event the fair market value of the housing units

is less than the fair market value of property or facilities to

be transferred, the recipient of the property or facilities

agrees to pay to the Secretary the amount equal to the excess of

the fair market value of the property or facilities over the fair

market value of the housing units.

''(3) Notwithstanding paragraph (2) of section 2906(a), the

Secretary may deposit funds received under paragraph (2)(B) in the

Department of Defense Family Housing Improvement Fund established

under section 2883(a) of title 10, United States Code.

''(4) The Secretary shall submit to the congressional defense

committees a report describing each agreement proposed to be

entered into under paragraph (1), including the consideration to be

received by the United States under the agreement. The Secretary

may not enter into the agreement until the end of the 30-day period

beginning on the date the congressional defense committees receive

the report regarding the agreement.

''(5) The Secretary may require any additional terms and

conditions in connection with an agreement authorized by this

subsection as the Secretary considers appropriate to protect the

interests of the United States.

''(g) Acquisition of Manufactured Housing. - (1) In closing or

realigning any military installation under this part, the Secretary

may purchase any or all right, title, and interest of a member of

the Armed Forces and any spouse of the member in manufactured

housing located at a manufactured housing park established at an

installation closed or realigned under this part, or make a payment

to the member to relocate the manufactured housing to a suitable

new site, if the Secretary determines that -

''(A) it is in the best interests of the Federal Government to

eliminate or relocate the manufactured housing park; and

''(B) the elimination or relocation of the manufactured housing

park would result in an unreasonable financial hardship to the

owners of the manufactured housing.

''(2) Any payment made under this subsection shall not exceed 90

percent of the purchase price of the manufactured housing, as paid

by the member or any spouse of the member, plus the cost of any

permanent improvements subsequently made to the manufactured

housing by the member or spouse of the member.

''(3) The Secretary shall dispose of manufactured housing

acquired under this subsection through resale, donation, trade or

otherwise within one year of acquisition.

''SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990

''(a) In General. - (1) There is hereby established on the books

of the Treasury an account to be known as the 'Department of

Defense Base Closure Account 1990' which shall be administered by

the Secretary as a single account.

''(2) There shall be deposited into the Account -

''(A) funds authorized for and appropriated to the Account;

''(B) any funds that the Secretary may, subject to approval in

an appropriation Act, transfer to the Account from funds

appropriated to the Department of Defense for any purpose, except

that such funds may be transferred only after the date on which

the Secretary transmits written notice of, and justification for,

such transfer to the congressional defense committees;

''(C) except as provided in subsection (d), proceeds received

from the lease, transfer, or disposal of any property at a

military installation closed or realigned under this part(,) the

date of approval of closure or realignment of which is before

January 1, 2005; and

''(D) proceeds received after September 30, 1995, from the

lease, transfer, or disposal of any property at a military

installation closed or realigned under title II of the Defense

Authorization Amendments and Base Closure and Realignment Act

(Public Law 100-526; 10 U.S.C. 2687 note).

''(3) The Account shall be closed at the time and in the manner

provided for appropriation accounts under section 1555 of title 31,

United States Code. Unobligated funds which remain in the Account

upon closure shall be held by the Secretary of the Treasury until

transferred by law after the congressional defense committees

receive the final report transmitted under subsection (c)(2).

''(b) Use of Funds. - (1) The Secretary may use the funds in the

Account only for the purposes described in section 2905 with

respect to military installations the date of approval of closure

or realignment of which is before January 1, 2005, or, after

September 30, 1995, for environmental restoration and property

management and disposal at installations closed or realigned under

title II of the Defense Authorization Amendments and Base Closure

and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).

After July 13, 2001, the Account shall be the sole source of

Federal funds for environmental restoration, property management,

and other caretaker costs associated with any real property at

military installations closed or realigned under this part or such

title II.

''(2) When a decision is made to use funds in the Account to

carry out a construction project under section 2905(a) and the cost

of the project will exceed the maximum amount authorized by law for

a minor military construction project, the Secretary shall notify

in writing the congressional defense committees of the nature of,

and justification for, the project and the amount of expenditures

for such project. Any such construction project may be carried out

without regard to section 2802(a) of title 10, United States Code.

''(c) Reports. - (1)(A) No later than 60 days after the end of

each fiscal year in which the Secretary carries out activities

under this part, the Secretary shall transmit a report to the

congressional defense committees of the amount and nature of the

deposits into, and the expenditures from, the Account during such

fiscal year and of the amount and nature of other expenditures made

pursuant to section 2905(a) during such fiscal year.

''(B) The report for a fiscal year shall include the following:

''(i) The obligations and expenditures from the Account during

the fiscal year, identified by subaccount, for each military

department and Defense Agency.

''(ii) The fiscal year in which appropriations for such

expenditures were made and the fiscal year in which funds were

obligated for such expenditures.

''(iii) Each military construction project for which such

obligations and expenditures were made, identified by

installation and project title.

''(iv) A description and explanation of the extent, if any, to

which expenditures for military construction projects for the

fiscal year differed from proposals for projects and funding

levels that were included in the justification transmitted to

Congress under section 2907(1), or otherwise, for the funding

proposals for the Account for such fiscal year, including an

explanation of -

''(I) any failure to carry out military construction projects

that were so proposed; and

''(II) any expenditures for military construction projects

that were not so proposed.

''(2) No later than 60 days after the termination of the

authority of the Secretary to carry out a closure or realignment

under this part with respect to military installations the date of

approval of closure or realignment of which is before January 1,

2005, and no later than 60 days after the closure of the Account

under subsection (a)(3), the Secretary shall transmit to the

congressional defense committees a report containing an accounting

of -

''(A) all the funds deposited into and expended from the

Account or otherwise expended under this part with respect to

such installations; and

''(B) any amount remaining in the Account.

''(d) Disposal or Transfer of Commissary Stores and Property

Purchased With Nonappropriated Funds. - (1) If any real property or

facility acquired, constructed, or improved (in whole or in part)

with commissary store funds or nonappropriated funds is transferred

or disposed of in connection with the closure or realignment of a

military installation under this part the date of approval of

closure or realignment of which is before January 1, 2005, a

portion of the proceeds of the transfer or other disposal of

property on that installation shall be deposited in the reserve

account established under section 204(b)(7)(C) of the Defense

Authorization Amendments and Base Closure and Realignment Act (Pub.

L. 100-526) (10 U.S.C. 2687 note).

''(2) The amount so deposited shall be equal to the depreciated

value of the investment made with such funds in the acquisition,

construction, or improvement of that particular real property or

facility. The depreciated value of the investment shall be

computed in accordance with regulations prescribed by the Secretary

of Defense.

''(3) The Secretary may use amounts in the account (in such an

aggregate amount as is provided in advance in appropriation Acts)

for the purpose of acquiring, constructing, and improving -

''(A) commissary stores; and

''(B) real property and facilities for nonappropriated fund

instrumentalities.

''(4) As used in this subsection:

''(A) The term 'commissary store funds' means funds received

from the adjustment of, or surcharge on, selling prices at

commissary stores fixed under section 2685 of title 10, United

States Code.

''(B) The term 'nonappropriated funds' means funds received

from a nonappropriated fund instrumentality.

''(C) The term 'nonappropriated fund instrumentality' means an

instrumentality of the United States under the jurisdiction of

the Armed Forces (including the Army and Air Force Exchange

Service, the Navy Resale and Services Support Office, and the

Marine Corps exchanges) which is conducted for the comfort,

pleasure, contentment, or physical or mental improvement of

members of the Armed Forces.

''(e) Account Exclusive Source of Funds for Environmental

Restoration Projects. - Except as provided in section 2906A(e) with

respect to funds in the Department of Defense Base Closure Account

2005 under section 2906A and except for funds deposited into the

Account under subsection (a), funds appropriated to the Department

of Defense may not be used for purposes described in section

2905(a)(1)(C). The prohibition in this subsection shall expire upon

the closure of the Account under subsection (a)(3).

''SEC. 2906A. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.

''(a) In General. - (1) If the Secretary makes the certifications

required under section 2912(b), there shall be established on the

books of the Treasury an account to be known as the 'Department of

Defense Base Closure Account 2005' (in this section referred to as

the 'Account'). The Account shall be administered by the Secretary

as a single account.

''(2) There shall be deposited into the Account -

''(A) funds authorized for and appropriated to the Account;

''(B) any funds that the Secretary may, subject to approval in

an appropriation Act, transfer to the Account from funds

appropriated to the Department of Defense for any purpose, except

that such funds may be transferred only after the date on which

the Secretary transmits written notice of, and justification for,

such transfer to the congressional defense committees; and

''(C) except as provided in subsection (d), proceeds received

from the lease, transfer, or disposal of any property at a

military installation that is closed or realigned under this part

pursuant to a closure or realignment the date of approval of

which is after January 1, 2005.

''(3) The Account shall be closed at the time and in the manner

provided for appropriation accounts under section 1555 of title 31,

United States Code. Unobligated funds which remain in the Account

upon closure shall be held by the Secretary of the Treasury until

transferred by law after the congressional defense committees

receive the final report transmitted under subsection (c)(2).

''(b) Use of Funds. - (1) The Secretary may use the funds in the

Account only for the purposes described in section 2905 with

respect to military installations the date of approval of closure

or realignment of which is after January 1, 2005.

''(2) When a decision is made to use funds in the Account to

carry out a construction project under section 2905(a) and the cost

of the project will exceed the maximum amount authorized by law for

a minor military construction project, the Secretary shall notify

in writing the congressional defense committees of the nature of,

and justification for, the project and the amount of expenditures

for such project. Any such construction project may be carried out

without regard to section 2802(a) of title 10, United States Code.

''(c) Reports. - (1)(A) No later than 60 days after the end of

each fiscal year in which the Secretary carries out activities

under this part using amounts in the Account, the Secretary shall

transmit a report to the congressional defense committees of the

amount and nature of the deposits into, and the expenditures from,

the Account during such fiscal year and of the amount and nature of

other expenditures made pursuant to section 2905(a) during such

fiscal year.

''(B) The report for a fiscal year shall include the following:

''(i) The obligations and expenditures from the Account during

the fiscal year, identified by subaccount, for each military

department and Defense Agency.

''(ii) The fiscal year in which appropriations for such

expenditures were made and the fiscal year in which funds were

obligated for such expenditures.

''(iii) Each military construction project for which such

obligations and expenditures were made, identified by

installation and project title.

''(iv) A description and explanation of the extent, if any, to

which expenditures for military construction projects for the

fiscal year differed from proposals for projects and funding

levels that were included in the justification transmitted to

Congress under section 2907(1), or otherwise, for the funding

proposals for the Account for such fiscal year, including an

explanation of -

''(I) any failure to carry out military construction projects

that were so proposed; and

''(II) any expenditures for military construction projects

that were not so proposed.

''(2) No later than 60 days after the termination of the

authority of the Secretary to carry out a closure or realignment

under this part with respect to military installations the date of

approval of closure or realignment of which is after January 1,

2005, and no later than 60 days after the closure of the Account

under subsection (a)(3), the Secretary shall transmit to the

congressional defense committees a report containing an accounting

of -

''(A) all the funds deposited into and expended from the

Account or otherwise expended under this part with respect to

such installations; and

''(B) any amount remaining in the Account.

''(d) Disposal or Transfer of Commissary Stores and Property

Purchased With Nonappropriated Funds. - (1) If any real property or

facility acquired, constructed, or improved (in whole or in part)

with commissary store funds or nonappropriated funds is transferred

or disposed of in connection with the closure or realignment of a

military installation under this part the date of approval of

closure or realignment of which is after January 1, 2005, a portion

of the proceeds of the transfer or other disposal of property on

that installation shall be deposited in the reserve account

established under section 204(b)(7)(C) of the Defense Authorization

Amendments and Base Closure and Realignment Act (Pub. L. 100-526)

(10 U.S.C. 2687 note).

''(2) The amount so deposited shall be equal to the depreciated

value of the investment made with such funds in the acquisition,

construction, or improvement of that particular real property or

facility. The depreciated value of the investment shall be

computed in accordance with regulations prescribed by the

Secretary.

''(3) The Secretary may use amounts in the reserve account,

without further appropriation, for the purpose of acquiring,

constructing, and improving -

''(A) commissary stores; and

''(B) real property and facilities for nonappropriated fund

instrumentalities.

''(4) In this subsection, the terms 'commissary store funds',

'nonappropriated funds', and 'nonappropriated fund instrumentality'

shall have the meaning given those terms in section 2906(d)(4).

''(e) Account Exclusive Source of Funds for Environmental

Restoration Projects. - Except as provided in section 2906(e) with

respect to funds in the Department of Defense Base Closure Account

1990 under section 2906 and except for funds deposited into the

Account under subsection (a), funds appropriated to the Department

of Defense may not be used for purposes described in section

2905(a)(1)(C). The prohibition in this subsection shall expire upon

the closure of the Account under subsection (a)(3).

''SEC. 2907. REPORTS

''As part of the budget request for fiscal year 1993 and for each

fiscal year thereafter for the Department of Defense, the Secretary

shall transmit to the congressional defense committees of Congress

-

''(1) a schedule of the closure and realignment actions to be

carried out under this part in the fiscal year for which the

request is made and an estimate of the total expenditures

required and cost savings to be achieved by each such closure and

realignment and of the time period in which these savings are to

be achieved in each case, together with the Secretary's

assessment of the environmental effects of such actions; and

''(2) a description of the military installations, including

those under construction and those planned for construction, to

which functions are to be transferred as a result of such

closures and realignments, together with the Secretary's

assessment of the environmental effects of such transfers.

''SEC. 2908. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT

''(a) Terms of the Resolution. - For purposes of section 2904(b),

the term 'joint resolution' means only a joint resolution which is

introduced within the 10-day period beginning on the date on which

the President transmits the report to the Congress under section

2903(e), and -

''(1) which does not have a preamble;

''(2) the matter after the resolving clause of which is as

follows: 'That Congress disapproves the recommendations of the

Defense Base Closure and Realignment Commission as submitted by

the President on - - - ', the blank space being filled in with

the appropriate date; and

''(3) the title of which is as follows: 'Joint resolution

disapproving the recommendations of the Defense Base Closure and

Realignment Commission.'.

''(b) Referral. - A resolution described in subsection (a) that

is introduced in the House of Representatives shall be referred to

the Committee on Armed Services of the House of Representatives. A

resolution described in subsection (a) introduced in the Senate

shall be referred to the Committee on Armed Services of the Senate.

''(c) Discharge. - If the committee to which a resolution

described in subsection (a) is referred has not reported such

resolution (or an identical resolution) by the end of the 20-day

period beginning on the date on which the President transmits the

report to the Congress under section 2903(e), such committee shall

be, at the end of such period, discharged from further

consideration of such resolution, and such resolution shall be

placed on the appropriate calendar of the House involved.

''(d) Consideration. - (1) On or after the third day after the

date on which the committee to which such a resolution is referred

has reported, or has been discharged (under subsection (c)) from

further consideration of, such a resolution, it is in order (even

though a previous motion to the same effect has been disagreed to)

for any Member of the respective House to move to proceed to the

consideration of the resolution. A Member may make the motion only

on the day after the calendar day on which the Member announces to

the House concerned the Member's intention to make the motion,

except that, in the case of the House of Representatives, the

motion may be made without such prior announcement if the motion is

made by direction of the committee to which the resolution was

referred. All points of order against the resolution (and against

consideration of the resolution) are waived. The motion is highly

privileged in the House of Representatives and is privileged in the

Senate and is not debatable. The motion is not subject to

amendment, or to a motion to postpone, or to a motion to proceed to

the consideration of other business. A motion to reconsider the

vote by which the motion is agreed to or disagreed to shall not be

in order. If a motion to proceed to the consideration of the

resolution is agreed to, the respective House shall immediately

proceed to consideration of the joint resolution without

intervening motion, order, or other business, and the resolution

shall remain the unfinished business of the respective House until

disposed of.

''(2) Debate on the resolution, and on all debatable motions and

appeals in connection therewith, shall be limited to not more than

2 hours, which shall be divided equally between those favoring and

those opposing the resolution. An amendment to the resolution is

not in order. A motion further to limit debate is in order and not

debatable. A motion to postpone, or a motion to proceed to the

consideration of other business, or a motion to recommit the

resolution is not in order. A motion to reconsider the vote by

which the resolution is agreed to or disagreed to is not in order.

''(3) Immediately following the conclusion of the debate on a

resolution described in subsection (a) and a single quorum call at

the conclusion of the debate if requested in accordance with the

rules of the appropriate House, the vote on final passage of the

resolution shall occur.

''(4) Appeals from the decisions of the Chair relating to the

application of the rules of the Senate or the House of

Representatives, as the case may be, to the procedure relating to a

resolution described in subsection (a) shall be decided without

debate.

''(e) Consideration by Other House. - (1) If, before the passage

by one House of a resolution of that House described in subsection

(a), that House receives from the other House a resolution

described in subsection (a), then the following procedures shall

apply:

''(A) The resolution of the other House shall not be referred

to a committee and may not be considered in the House receiving

it except in the case of final passage as provided in

subparagraph (B)(ii).

''(B) With respect to a resolution described in subsection (a)

of the House receiving the resolution -

''(i) the procedure in that House shall be the same as if no

resolution had been received from the other House; but

''(ii) the vote on final passage shall be on the resolution

of the other House.

''(2) Upon disposition of the resolution received from the other

House, it shall no longer be in order to consider the resolution

that originated in the receiving House.

''(f) Rules of the Senate and House. - This section is enacted by

Congress -

''(1) as an exercise of the rulemaking power of the Senate and

House of Representatives, respectively, and as such it is deemed

a part of the rules of each House, respectively, but applicable

only with respect to the procedure to be followed in that House

in the case of a resolution described in subsection (a), and it

supersedes other rules only to the extent that it is inconsistent

with such rules; and

''(2) with full recognition of the constitutional right of

either House to change the rules (so far as relating to the

procedure of that House) at any time, in the same manner, and to

the same extent as in the case of any other rule of that House.

''SEC. 2909. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY

''(a) In General. - Except as provided in subsection (c), during

the period beginning on November 5, 1990, and ending on April 15,

2006, this part shall be the exclusive authority for selecting for

closure or realignment, or for carrying out any closure or

realignment of, a military installation inside the United States.

''(b) Restriction. - Except as provided in subsection (c), none

of the funds available to the Department of Defense may be used,

other than under this part, during the period specified in

subsection (a) -

''(1) to identify, through any transmittal to the Congress or

through any other public announcement or notification, any

military installation inside the United States as an installation

to be closed or realigned or as an installation under

consideration for closure or realignment; or

''(2) to carry out any closure or realignment of a military

installation inside the United States.

''(c) Exception. - Nothing in this part affects the authority of

the Secretary to carry out -

''(1) closures and realignments under title II of Public Law

100-526 (set out below); and

''(2) closures and realignments to which section 2687 of title

10, United States Code, is not applicable, including closures and

realignments carried out for reasons of national security or a

military emergency referred to in subsection (c) of such section.

''SEC. 2910. DEFINITIONS

''As used in this part:

''(1) The term 'Account' means the Department of Defense Base

Closure Account 1990 established by section 2906(a)(1).

''(2) The term 'congressional defense committees' means the

Committee on Armed Services and the Committee on Appropriations

of the Senate and the Committee on Armed Services and the

Committee on Appropriations of the House of Representatives.

''(3) The term 'Commission' means the Commission established by

section 2902.

''(4) The term 'military installation' means a base, camp,

post, station, yard, center, homeport facility for any ship, or

other activity under the jurisdiction of the Department of

Defense, including any leased facility. Such term does not

include any facility used primarily for civil works, rivers and

harbors projects, flood control, or other projects not under the

primary jurisdiction or control of the Department of Defense.

''(5) The term 'realignment' includes any action which both

reduces and relocates functions and civilian personnel positions

but does not include a reduction in force resulting from workload

adjustments, reduced personnel or funding levels, or skill

imbalances.

''(6) The term 'Secretary' means the Secretary of Defense.

''(7) The term 'United States' means the 50 States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam, the

Virgin Islands, American Samoa, and any other commonwealth,

territory, or possession of the United States.

''(8) The term 'date of approval', with respect to a closure or

realignment of an installation, means the date on which the

authority of Congress to disapprove a recommendation of closure

or realignment, as the case may be, of such installation under

this part expires.

''(9) The term 'redevelopment authority', in the case of an

installation to be closed or realigned under this part, means any

entity (including an entity established by a State or local

government) recognized by the Secretary of Defense as the entity

responsible for developing the redevelopment plan with respect to

the installation or for directing the implementation of such

plan.

''(10) The term 'redevelopment plan' in the case of an

installation to be closed or realigned under this part, means a

plan that -

''(A) is agreed to by the local redevelopment authority with

respect to the installation; and

''(B) provides for the reuse or redevelopment of the real

property and personal property of the installation that is

available for such reuse and redevelopment as a result of the

closure or realignment of the installation.

''(11) The term 'representative of the homeless' has the

meaning given such term in section 501(i)(4) of the

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(i)(4)).

''SEC. 2911. CLARIFYING AMENDMENT

''(Amended this section.)

''SEC. 2912. 2005 ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY

INSTALLATIONS.

''(a) Force-Structure Plan and Infrastructure Inventory. -

''(1) Preparation and submission. - As part of the budget

justification documents submitted to Congress in support of the

budget for the Department of Defense for fiscal year 2005, the

Secretary shall include the following:

''(A) A force-structure plan for the Armed Forces based on an

assessment by the Secretary of the probable threats to the

national security during the 20-year period beginning with

fiscal year 2005, the probable end-strength levels and major

military force units (including land force divisions, carrier

and other major combatant vessels, air wings, and other

comparable units) needed to meet these threats, and the

anticipated levels of funding that will be available for

national defense purposes during such period.

''(B) A comprehensive inventory of military installations

world-wide for each military department, with specifications of

the number and type of facilities in the active and reserve

forces of each military department.

''(2) Relationship of plan and inventory. - Using the

force-structure plan and infrastructure inventory prepared under

paragraph (1), the Secretary shall prepare (and include as part

of the submission of such plan and inventory) the following:

''(A) A description of the infrastructure necessary to

support the force structure described in the force-structure

plan.

''(B) A discussion of categories of excess infrastructure and

infrastructure capacity.

''(C) An economic analysis of the effect of the closure or

realignment of military installations to reduce excess

infrastructure.

''(3) Special considerations. - In determining the level of

necessary versus excess infrastructure under paragraph (2), the

Secretary shall consider the following:

''(A) The anticipated continuing need for and availability of

military installations outside the United States, taking into

account current restrictions on the use of military

installations outside the United States and the potential for

future prohibitions or restrictions on the use of such military

installations.

''(B) Any efficiencies that may be gained from joint tenancy

by more than one branch of the Armed Forces at a military

installation.

''(4) Revision. - The Secretary may revise the force-structure

plan and infrastructure inventory. If the Secretary makes such a

revision, the Secretary shall submit the revised plan or

inventory to Congress as part of the budget justification

documents submitted to Congress for fiscal year 2006.

''(b) Certification of Need for Further Closures and

Realignments. -

''(1) Certification required. - On the basis of the

force-structure plan and infrastructure inventory prepared under

subsection (a) and the descriptions and economic analysis

prepared under such subsection, the Secretary shall include as

part of the submission of the plan and inventory -

''(A) a certification regarding whether the need exists for

the closure or realignment of additional military

installations; and

''(B) if such need exists, a certification that the

additional round of closures and realignments would result in

annual net savings for each of the military departments

beginning not later than fiscal year 2011.

''(2) Effect of failure to certify. - If the Secretary does not

include the certifications referred to in paragraph (1), the

process by which military installations may be selected for

closure or realignment under this part in 2005 shall be

terminated.

''(c) Comptroller General Evaluation. -

''(1) Evaluation required. - If the certification is provided

under subsection (b), the Comptroller General shall prepare an

evaluation of the following:

''(A) The force-structure plan and infrastructure inventory

prepared under subsection (a) and the final selection criteria

prepared under section 2913, including an evaluation of the

accuracy and analytical sufficiency of such plan, inventory,

and criteria.

''(B) The need for the closure or realignment of additional

military installations.

''(2) Submission. - The Comptroller General shall submit the

evaluation to Congress not later than 60 days after the date on

which the force-structure plan and infrastructure inventory are

submitted to Congress.

''(d) Authorization of Additional Round; Commission. -

''(1) Appointment of commission. - Subject to the

certifications required under subsection (b), the President may

commence an additional round for the selection of military

installations for closure and realignment under this part in 2005

by transmitting to the Senate, not later than March 15, 2005,

nominations pursuant to section 2902(c) for the appointment of

new members to the Defense Base Closure and Realignment

Commission.

''(2) Effect of failure to nominate. - If the President does

not transmit to the Senate the nominations for the Commission by

March 15, 2005, the process by which military installations may

be selected for closure or realignment under this part in 2005

shall be terminated.

''(3) Members. - Notwithstanding section 2902(c)(1), the

Commission appointed under the authority of this subsection shall

consist of nine members.

''(4) Terms; meetings; termination. - Notwithstanding

subsections (d), (e)(1), and (l) of section 2902, the Commission

appointed under the authority of this subsection shall meet

during calendar year 2005 and shall terminate on April 15, 2006.

''(5) Funding. - If no funds are appropriated to the Commission

by the end of the second session of the 108th Congress for the

activities of the Commission in 2005, the Secretary may transfer

to the Commission for purposes of its activities under this part

in that year such funds as the Commission may require to carry

out such activities. The Secretary may transfer funds under the

preceding sentence from any funds available to the Secretary.

Funds so transferred shall remain available to the Commission for

such purposes until expended.

''SEC. 2913. SELECTION CRITERIA FOR 2005 ROUND.

''(a) Preparation of Proposed Selection Criteria. -

''(1) In general. - Not later than December 31, 2003, the

Secretary shall publish in the Federal Register and transmit to

the congressional defense committees the criteria proposed to be

used by the Secretary in making recommendations for the closure

or realignment of military installations inside the United States

under this part in 2005.

''(2) Public comment. - The Secretary shall provide an

opportunity for public comment on the proposed criteria for a

period of at least 30 days and shall include notice of that

opportunity in the publication required under this subsection.

''(b) Military Value as Primary Consideration. - The selection

criteria prepared by the Secretary shall ensure that military value

is the primary consideration in the making of recommendations for

the closure or realignment of military installations under this

part in 2005. Military value shall include at a minimum the

following:

''(1) Preservation of training areas suitable for maneuver by

ground, naval, or air forces to guarantee future availability of

such areas to ensure the readiness of the Armed Forces.

''(2) Preservation of military installations in the United

States as staging areas for the use of the Armed Forces in

homeland defense missions.

''(3) Preservation of military installations throughout a

diversity of climate and terrain areas in the United States for

training purposes.

''(4) The impact on joint warfighting, training, and readiness.

''(5) Contingency, mobilization, and future total force

requirements at both existing and potential receiving locations

to support operations and training.

''(c) Special Considerations. - The selection criteria for

military installations shall also address at a minimum the

following:

''(1) The extent and timing of potential costs and savings,

including the number of years, beginning with the date of

completion of the closure or realignment, for the savings to

exceed the costs.

''(2) The economic impact on existing communities in the

vicinity of military installations.

''(3) The ability of both existing and potential receiving

communities' infrastructure to support forces, missions, and

personnel.

''(4) The impact of costs related to potential environmental

restoration, waste management, and environmental compliance

activities.

''(d) Effect on Department and Other Agency Costs. - Any

selection criteria proposed by the Secretary relating to the cost

savings or return on investment from the proposed closure or

realignment of military installations shall take into account the

effect of the proposed closure or realignment on the costs of any

other activity of the Department of Defense or any other Federal

agency that may be required to assume responsibility for activities

at the military installations.

''(e) Final Selection Criteria. - Not later than February 16,

2004, the Secretary shall publish in the Federal Register and

transmit to the congressional defense committees the final criteria

to be used in making recommendations for the closure or realignment

of military installations inside the United States under this part

in 2005. Such criteria shall be the final criteria to be used,

along with the force-structure plan and infrastructure inventory

referred to in section 2912, in making such recommendations unless

disapproved by an Act of Congress enacted on or before March 15,

2004.

''(f) Relation to Criteria for Earlier Rounds. - Section 2903(b),

and the selection criteria prepared under such section, shall not

apply with respect to the process of making recommendations for the

closure or realignment of military installations in 2005.

''SEC. 2914. SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS FOR

REALIGNMENTS AND CLOSURES FOR 2005 ROUND; COMMISSION

CONSIDERATION OF RECOMMENDATIONS.

''(a) Recommendations Regarding Closure or Realignment of

Military Installations. - If the Secretary makes the certifications

required under section 2912(b), the Secretary shall publish in the

Federal Register and transmit to the congressional defense

committees and the Commission, not later than May 16, 2005, a list

of the military installations inside the United States that the

Secretary recommends for closure or realignment on the basis of the

force-structure plan and infrastructure inventory prepared by the

Secretary under section 2912 and the final selection criteria

prepared by the Secretary under section 2913.

''(b) Preparation of Recommendations. -

''(1) In general. - The Secretary shall comply with paragraphs

(2) through (6) of section 2903(c) in preparing and transmitting

the recommendations under this section. However, paragraph (6)

of section 2903(c) relating to submission of information to

Congress shall be deemed to require such submission within 48

hours.

''(2) Consideration of local government views. - (A) In making

recommendations to the Commission in 2005, the Secretary shall

consider any notice received from a local government in the

vicinity of a military installation that the government would

approve of the closure or realignment of the installation.

''(B) Notwithstanding the requirement in subparagraph (A), the

Secretary shall make the recommendations referred to in that

subparagraph based on the force-structure plan, infrastructure

inventory, and final selection criteria otherwise applicable to

such recommendations.

''(C) The recommendations shall include a statement of the

result of the consideration of any notice described in

subparagraph (A) that is received with respect to a military

installation covered by such recommendations. The statement

shall set forth the reasons for the result.

''(c) Recommendations To Retain Bases in Inactive Status. - In

making recommendations for the closure or realignment of military

installations, the Secretary may recommend that an installation be

placed in an inactive status if the Secretary determines that -

''(1) the installation may be needed in the future for national

security purposes; or

''(2) retention of the installation is otherwise in the

interest of the United States.

''(d) Commission Review and Recommendations. -

''(1) In general. - Except as provided in this subsection,

section 2903(d) shall apply to the consideration by the

Commission of the recommendations transmitted by the Secretary in

2005. The Commission's report containing its findings and

conclusions, based on a review and analysis of the Secretary's

recommendations, shall be transmitted to the President not later

than September 8, 2005.

''(2) Availability of recommendations to congress. - After

September 8, 2005, the Commission shall promptly provide, upon

request, to any Member of Congress information used by the

Commission in making its recommendations.

''(3) Limitations on authority to add to closure or realignment

lists. - The Commission may not consider making a change in the

recommendations of the Secretary that would add a military

installation to the Secretary's list of installations recommended

for closure or realignment unless, in addition to the

requirements of section 2903(d)(2)(C) -

''(A) the Commission provides the Secretary with at least a

15-day period, before making the change, in which to submit an

explanation of the reasons why the installation was not

included on the closure or realignment list by the Secretary;

and

''(B) the decision to add the installation for Commission

consideration is supported by at least seven members of the

Commission.

''(4) Testimony by secretary. - The Commission shall invite the

Secretary to testify at a public hearing, or a closed hearing if

classified information is involved, on any proposed change by the

Commission to the Secretary's recommendations.

''(5) Site visit. - In the report required under section

2903(d)(2)(A) that is to be transmitted under paragraph (1), the

Commission may not recommend the closure of a military

installation not recommended for closure by the Secretary under

subsection (a) unless at least two members of the Commission

visit the installation before the date of the transmittal of the

report.

''(6) Comptroller general report. - The Comptroller General

report required by section 2903(d)(5)(B) analyzing the

recommendations of the Secretary and the selection process in

2005 shall be transmitted to the congressional defense committees

not later than July 1, 2005.

''(e) Review by the President. -

''(1) In general. - Except as provided in this subsection,

section 2903(e) shall apply to the review by the President of the

recommendations of the Commission under this section, and the

actions, if any, of the Commission in response to such review, in

2005. The President shall review the recommendations of the

Secretary and the recommendations contained in the report of the

Commission under subsection (d) and prepare a report, not later

than September 23, 2005, containing the President's approval or

disapproval of the Commission's recommendations.

''(2) Commission reconsideration. - If the Commission prepares

a revised list of recommendations under section 2903(e)(3) in

2005 in response to the review of the President in that year

under paragraph (1), the Commission shall transmit the revised

list to the President not later than October 20, 2005.

''(3) Effect of failure to transmit. - If the President does

not transmit to Congress an approval and certification described

in paragraph (2) or (4) of section 2903(e) by November 7, 2005,

the process by which military installations may be selected for

closure or realignment under this part in 2005 shall be

terminated.

''(4) Effect of transmittal. - A report of the President under

this subsection containing the President's approval of the

Commission's recommendations is deemed to be a report under

section 2903(e) for purposes of sections 2904 and 2908.''

(Pub. L. 107-314, div. A, title X, Sec. 1062(f), Dec. 2, 2002,

116 Stat. 2651, provided that the amendment made by section

1062(f)(4) is effective as of Dec. 28, 2001, and as if included in

Pub. L. 107-107 as enacted.)

(For effective date of amendment by section 2813(d)(2) of Pub. L.

103-337 to section 2910 of Pub. L. 101-510, set out above, see

Effective Date of 1994 Amendments by Section 2813(d)(1) and (2) of

Pub. L. 103-337 note set out above.)

(Section 2902(c) of Pub. L. 103-160 provided that: ''For the

purposes of section 2905(b)(3) of the Defense Base Closure and

Realignment Act of 1990 (Pub. L. 101-510, set out above), as added

by subsection (b), the date of approval of closure of any

installation approved for closure before the date of the enactment

of this Act (Nov. 30, 1993) shall be deemed to be the date of the

enactment of this Act.'')

(Section 2904(c) of Pub. L. 103-160 provided that: ''The

Secretary of Defense shall make the determinations required under

section 2905(b)(5) of the Defense Base Closure and Realignment Act

of 1990 (Pub. L. 101-510, set out above), as added by subsection

(b), in the case of installations approved for closure under such

Act (part A of title XXIX of div. B of Pub. L. 101-510, set out

above) before the date of the enactment of this Act (Nov. 30,

1993), not later than 6 months after the date of the enactment of

this Act.'')

(Section 2930(b) of Pub. L. 103-160 provided that: ''The

amendment made by this section (amending section 2903(d)(1) of Pub.

L. 101-510 set out above) shall apply with respect to all public

hearings conducted by the Defense Base Closure and Realignment

Commission after the date of the enactment of this Act (Nov. 30,

1993).'')

(For effective date of amendments by section 344(b)(1) of Pub. L.

102-190 to section 2906 of Pub. L. 101-510, set out above, see

Effective Date of 1991 Amendments by Section 344 of Pub. L. 102-190

note set out above.)

(Section 2821(h)(2) of Pub. L. 102-190 provided that: ''The

amendment made by paragraph (1) (amending section 2910 of Pub. L.

101-510 set out above) shall take effect as of November 5, 1990,

and shall apply as if it had been included in section 2910(4) of

the Defense Base Closure and Realignment Act of 1990 (section 2910

of Pub. L. 101-510) on that date.'')

(Section 2827(a)(3) of Pub. L. 102-190 provided that: ''The

amendments made by this subsection (amending sections 2905 and 2906

of Pub. L. 101-510 set out above) shall take effect on the date of

the enactment of this Act (Dec. 5, 1991).'')

(References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.)

CLOSURE OF FOREIGN MILITARY INSTALLATIONS

Pub. L. 102-396, title IX, Sec. 9047A, Oct. 6, 1992, 106 Stat.

1913, as amended by Pub. L. 104-106, div. A, title XV, Sec.

1502(f)(2), Feb. 10, 1996, 110 Stat. 509, provided that:

''Notwithstanding any other provision of law, the Secretary of

Defense may, by Executive Agreement, establish with host nation

governments in NATO member states a separate account into which

such residual value amounts negotiated in the return of United

States military installations in NATO member states may be

deposited, in the currency of the host nation, in lieu of direct

monetary transfers to the United States Treasury: Provided, That

such credits may be utilized only for the construction of

facilities to support United States military forces in that host

nation, or such real property maintenance and base operating costs

that are currently executed through monetary transfers to such host

nations: Provided further, That the Department of Defense's budget

submission for each fiscal year shall identify such sums

anticipated in residual value settlements, and identify such

construction, real property maintenance or base operating costs

that shall be funded by the host nation through such credits:

Provided further, That all military construction projects to be

executed from such accounts must be previously approved in a prior

Act of Congress: Provided further, That each such Executive

Agreement with a NATO member host nation shall be reported to the

Committee on Appropriations and the Committee on Armed Services of

the Senate and the Committee on Appropriations and the Committee on

National Security (now Committee on Armed Services) of the House of

Representatives thirty days prior to the conclusion and endorsement

of any such agreement established under this provision.''

Similar provisions for specified fiscal years were contained in

the following appropriation acts:

Pub. L. 107-248, title VIII, Sec. 8018, Oct. 23, 2002, 116 Stat.

1540.

Pub. L. 107-117, div. A, title VIII, Sec. 8019, Jan. 10, 2002,

115 Stat. 2251.

Pub. L. 106-259, title VIII, Sec. 8019, Aug. 9, 2000, 114 Stat.

678.

Pub. L. 106-79, title VIII, Sec. 8019, Oct. 25, 1999, 113 Stat.

1235.

Pub. L. 105-262, title VIII, Sec. 8019, Oct. 17, 1998, 112 Stat.

2301.

Pub. L. 105-56, title VIII, Sec. 8019, Oct. 8, 1997, 111 Stat.

1224.

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8020), Sept. 30, 1996, 110 Stat. 3009-71, 3009-92.

Pub. L. 104-61, title VIII, Sec. 8027, Dec. 1, 1995, 109 Stat.

657.

Pub. L. 103-335, title VIII, Sec. 8033, Sept. 30, 1994, 108 Stat.

2625.

Pub. L. 103-139, title VIII, Sec. 8036, Nov. 11, 1993, 107 Stat.

1448.

Section 2921 of Pub. L. 101-510, as amended by Pub. L. 102-190,

div. A, title III, Sec. 344(b)(2), Dec. 5, 1991, 105 Stat. 1345;

Pub. L. 102-484, div. B, title XXVIII, Sec. 2821(c), 2827, Oct.

23, 1992, 106 Stat. 2608, 2609; Pub. L. 103-160, div. B, title

XXIX, Sec. 2924(b), Nov. 30, 1993, 107 Stat. 1931; Pub. L. 103-337,

div. A, title XIII, Sec. 1305(c), div. B, title XXVIII, Sec.

2817, Oct. 5, 1994, 108 Stat. 2891, 3057; Pub. L. 104-106, div. A,

title X, Sec. 1063(b), title XV, Sec. 1502(c)(4)(D), 1505(e)(2),

Feb. 10, 1996, 110 Stat. 444, 508, 515; Pub. L. 105-85, div. A,

title X, Sec. 1073(d)(4)(C), Nov. 18, 1997, 111 Stat. 1905; Pub. L.

106-65, div. A, title X, Sec. 1067(10), Oct. 5, 1999, 113 Stat.

774, provided that:

''(a) Sense of Congress. - It is the sense of the Congress that -

''(1) the termination of military operations by the United

States at military installations outside the United States should

be accomplished at the discretion of the Secretary of Defense at

the earliest opportunity;

''(2) in providing for such termination, the Secretary of

Defense should take steps to ensure that the United States

receives, through direct payment or otherwise, consideration

equal to the fair market value of the improvements made by the

United States at facilities that will be released to host

countries;

''(3) the Secretary of Defense, acting through the military

component commands or the sub-unified commands to the combatant

commands, should be the lead official in negotiations relating to

determining and receiving such consideration; and

''(4) the determination of the fair market value of such

improvements released to host countries in whole or in part by

the United States should be handled on a facility-by-facility

basis.

''(b) Residual Value. - (1) For each installation outside the

United States at which military operations were being carried out

by the United States on October 1, 1990, the Secretary of Defense

shall transmit, by no later than June 1, 1991, an estimate of the

fair market value, as of January 1, 1991, of the improvements made

by the United States at facilities at each such installation.

''(2) For purposes of this section:

''(A) The term 'fair market value of the improvements' means

the value of improvements determined by the Secretary on the

basis of their highest use.

''(B) The term 'improvements' includes new construction of

facilities and all additions, improvements, modifications, or

renovations made to existing facilities or to real property,

without regard to whether they were carried out with appropriated

or nonappropriated funds.

''(c) Establishment of Special Account. - (1) There is

established on the books of the Treasury a special account to be

known as the 'Department of Defense Overseas Military Facility

Investment Recovery Account'. Except as provided in subsection (d),

amounts paid to the United States, pursuant to any treaty, status

of forces agreement, or other international agreement to which the

United States is a party, for the residual value of real property

or improvements to real property used by civilian or military

personnel of the Department of Defense shall be deposited into such

account.

''(2) Money deposited in the Department of Defense Overseas

Military Facility Investment Recovery Account shall be available to

the Secretary of Defense for payment, as provided in appropriation

Acts, of costs incurred by the Department of Defense in connection

with -

''(A) facility maintenance and repair and environmental

restoration at military installations in the United States; and

''(B) facility maintenance and repair and compliance with

applicable environmental laws at military installations outside

the United States that the Secretary anticipates will be occupied

by the Armed Forces for a long period.

''(3) Funds in the Department of Defense Overseas Facility

Investment Recovery Account shall remain available until expended.

''(d) Amounts Corresponding to the Value of Property Purchased

With Nonappropriated Funds. - (1) In the case of a payment referred

to in subsection (c)(1) for the residual value of real property or

improvements at an overseas military facility, the portion of the

payment that is equal to the depreciated value of the investment

made with nonappropriated funds shall be deposited in the reserve

account established under section 204(b)(7)(C) of the Defense

Authorization Amendments and Base Closure and Realignment Act (Pub.

L. 100-526, set out below). The Secretary may use amounts in the

account (in such an aggregate amount as is provided in advance by

appropriation Acts) for the purpose of acquiring, constructing, or

improving commissary stores and nonappropriated fund

instrumentalities.

''(2) As used in this subsection:

''(A) The term 'nonappropriated funds' means funds received

from -

''(i) the adjustment of, or surcharge on, selling prices at

commissary stores fixed under section 2685 of title 10, United

States Code; or

''(ii) a nonappropriated fund instrumentality.

''(B) The term 'nonappropriated fund instrumentality' means an

instrumentality of the United States under the jurisdiction of

the Armed Forces (including the Army and Air Force Exchange

Service, the Navy Resale and Services Support Office, and the

Marine Corps exchanges) which is conducted for the comfort,

pleasure, contentment, or physical or mental improvement of

members of the Armed Forces.

''(e) Negotiations for Payments-in-Kind. - (1) Before the

Secretary of Defense enters into negotiations with a host country

regarding the acceptance by the United States of any

payment-in-kind in connection with the release to the host country

of improvements made by the United States at military installations

in the host country, the Secretary shall submit to the appropriate

congressional committees a written notice regarding the intended

negotiations.

''(2) The notice shall contain the following:

''(A) A justification for entering into negotiations for

payments-in-kind with the host country.

''(B) The types of benefit options to be pursued by the

Secretary in the negotiations.

''(C) A discussion of the adjustments that are intended to be

made in the future-years defense program or in the budget of the

Department of Defense for the fiscal year in which the notice is

submitted or the following fiscal year in order to reflect costs

that it may no longer be necessary for the United States to incur

as a result of the payments-in-kind to be sought in the

negotiations.

''(3) For purposes of this subsection, the appropriate

congressional committees are -

''(A) the Committee on Armed Services, the Committee on

Appropriations, and the National Security Subcommittee of the

Committee on Appropriations of the House of Representatives; and

''(B) the Committee on Armed Services, the Committee on

Appropriations, and the Subcommittee on Defense of the Committee

on Appropriations of the Senate.

''(f) OMB Review of Proposed Settlements. - (1) The Secretary of

Defense may not enter into an agreement of settlement with a host

country regarding the release to the host country of improvements

made by the United States to facilities at an installation located

in the host country until 30 days after the date on which the

Secretary submits the proposed settlement to the Director of the

Office of Management and Budget. 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. The Director

shall evaluate the overall equity of the proposed settlement. In

evaluating the proposed settlement, the Director shall consider

such factors as the extent of the United States capital investment

in the improvements being released to the host country, the

depreciation of the improvements, the condition of the

improvements, and any applicable requirements for environmental

remediation or restoration at the installation.

''(2) Each year, the Secretary shall submit to the Committee on

Armed Services of the Senate and the Committee on Armed Services of

the House of Representatives a report on 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.

''(g) Congressional Oversight of Payments-In-Kind. - (1) Not less

than 30 days before concluding an agreement for acceptance of

military construction or facility improvements as a

payment-in-kind, the Secretary of Defense shall submit to Congress

a notification on the proposed agreement. Any such notification

shall contain the following:

''(A) A description of the military construction project or

facility improvement project, as the case may be.

''(B) A certification that the project is needed by United

States forces.

''(C) An explanation of how the project will aid in the

achievement of the mission of those forces.

''(D) A certification that, if the project were to be carried

out by the Department of Defense, appropriations would be

necessary for the project and it would be necessary to provide

for the project in the next future-years defense program.

''(2) Not less than 30 days before concluding an agreement for

acceptance of host nation support or host nation payment of

operating costs of United States forces as a payment-in-kind, the

Secretary of Defense shall submit to Congress a notification on the

proposed agreement. Any such notification shall contain the

following:

''(A) A description of each activity to be covered by the

payment-in-kind.

''(B) A certification that the costs to be covered by the

payment-in-kind are included in the budget of one or more of the

military departments or that it will otherwise be necessary to

provide for payment of such costs in a budget of one or more of

the military departments.

''(C) A certification that, unless the payment-in-kind is

accepted or funds are appropriated for payment of such costs, the

military mission of the United States forces with respect to the

host nation concerned will be adversely affected.''

(For effective date of amendment by section 344(b)(2) of Pub. L.

102-190 to section 2921 of Pub. L. 101-510, set out above, see

Effective Date of 1991 Amendments by Section 344 of Pub. L. 102-190

note set out above.)

TASK FORCE REPORT

Pub. L. 102-380, Sec. 125, Oct. 5, 1992, 106 Stat. 1372, provided

that:

''(a) The environmental response task force established in

section 2923(c) of the National Defense Authorization Act for

Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1821) (set out

below) shall reconvene and shall, until the date (as determined by

the Secretary of Defense) on which all base closure activities

required under title II of the Defense Authorization Amendments and

Base Closure and Realignment Act (Public Law 100-526; 102 Stat.

2627) (set out below) are completed -

''(1) monitor the progress of relevant Federal and State

agencies in implementing the recommendations of the task force

contained in the report submitted under paragraph (1) of such

section; and

''(2) annually submit to the Congress a report containing -

''(A) recommendations concerning ways to expedite and improve

environmental response actions at military installations (or

portions of installations) that are being closed or subject to

closure under such title;

''(B) any additional recommendations that the task force

considers appropriate; and

''(C) a summary of the progress made by relevant Federal and

State agencies in implementing the recommendations of the task

force.

''(b) The task force shall consist of -

''(1) the individuals (or their designees) described in section

2923(c)(2) of the National Defense Authorization Act for Fiscal

Year 1991 (Public Law 101-510; 104 Stat. 1821); and

''(2) a representative of the Urban Land Institute (or such

representative's designee), appointed by the Speaker of the House

of Representatives and the Majority Leader of the Senate.''

Section 2923(c) of Pub. L. 101-510 provided that:

''(1) Not later than 12 months after the date of the enactment of

this Act (Nov. 5, 1990), the Secretary of Defense shall submit to

Congress a report containing the findings and recommendations of

the task force established under paragraph (2) concerning -

''(A) ways to improve interagency coordination, within existing

laws, regulations, and administrative policies, of environmental

response actions at military installations (or portions of

installations) that are being closed, or are scheduled to be

closed, pursuant to title II of the Defense Authorization

Amendments and Base Closure and Realignment Act (Public Law

100-526) (set out below); and

''(B) ways to consolidate and streamline, within existing laws

and regulations, the practices, policies, and administrative

procedures of relevant Federal and State agencies with respect to

such environmental response actions so as to enable those actions

to be carried out more expeditiously.

''(2) There is hereby established an environmental response task

force to make the findings and recommendations, and to prepare the

report, required by paragraph (1). The task force shall consist of

the following (or their designees):

''(A) The Secretary of Defense, who shall be chairman of the

task force.

''(B) The Attorney General.

''(C) The Administrator of the General Services Administration.

''(D) The Administrator of the Environmental Protection Agency.

''(E) The Chief of Engineers, Department of the Army.

''(F) A representative of a State environmental protection

agency, appointed by the head of the National Governors

Association.

''(G) A representative of a State attorney general's office,

appointed by the head of the National Association of Attorney

Generals.

''(H) A representative of a public-interest environmental

organization, appointed by the Speaker of the House of

Representatives.''

COMMUNITY PREFERENCE CONSIDERATION IN CLOSURE AND REALIGNMENT OF

MILITARY INSTALLATIONS

Section 2924 of Pub. L. 101-510 provided that: ''In any process

of selecting any military installation inside the United States for

closure or realignment, the Secretary of Defense shall take such

steps as are necessary to assure that special consideration and

emphasis is given to any official statement from a unit of general

local government adjacent to or within a military installation

requesting the closure or realignment of such installation.''

CONTRACTS FOR CERTAIN ENVIRONMENTAL RESTORATION ACTIVITIES

Section 2926 of Pub. L. 101-510, as amended by Pub. L. 103-160,

div. A, title IX, Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub.

L. 106-65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113

Stat. 717; Pub. L. 107-314, div. A, title X, Sec. 1062(m)(4), Dec.

2, 2002, 116 Stat. 2652, provided that:

''(a) Establishment of Model Program. - Not later than 90 days

after the date of enactment of this Act (Nov. 5, 1990), the

Secretary of Defense shall establish a model program to improve the

efficiency and effectiveness of the base closure environmental

restoration program.

''(b) Administrator of Program. - The Secretary shall designate

the Deputy Assistant Secretary of Defense for Environment as the

Administrator of the model program referred to in subsection (a).

The Deputy Assistant Secretary shall report to the Secretary of

Defense through the Under Secretary of Defense for Acquisition,

Technology, and Logistics.

''(c) Applicability. - This section shall apply to environmental

restoration activities at installations selected by the Secretary

pursuant to the provisions of subsection (d)(1).

''(d) Program Requirements. - In carrying out the model program,

the Secretary of Defense shall:

''(1) Designate for the model program two installations under

his jurisdiction that have been designated for closure pursuant

to the Defense Authorization Amendments and Base Closure and

Realignment Act (Public Law 100-526) (see Short Title of 1988

Amendment note above) and for which preliminary assessments, site

inspections, and Environmental Impact Statements required by law

or regulation have been completed. The Secretary shall designate

only those installations which have satisfied the requirements of

section 204 of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526) (set out below).

''(2) Compile a prequalification list of prospective

contractors for solicitation and negotiation in accordance with

the procedures set forth in chapter 11 of title 40, United States

Code. Such contractors shall satisfy all applicable statutory and

regulatory requirements. In addition, the contractor selected

for one of the two installations under this program shall

indemnify the Federal Government against all liabilities, claims,

penalties, costs, and damages caused by (A) the contractor's

breach of any term or provision of the contract; and (B) any

negligent or willful act or omission of the contractor, its

employees, or its subcontractors in the performance of the

contract.

''(3) Within 180 days after the date of enactment of this Act

(Nov. 5, 1990), solicit proposals from qualified contractors for

response action (as defined under section 101 of the

Comprehensive Environmental Response, Compensation, and Liability

Act of 1980 (42 U.S.C. 9601)) at the installations designated

under paragraph (1). Such solicitations and proposals shall

include the following:

''(A) Proposals to perform response action. Such proposals

shall include provisions for receiving the necessary

authorizations or approvals of the response action by

appropriate Federal, State, or local agencies.

''(B) To the maximum extent possible, provisions offered by

single prime contractors to perform all phases of the response

action, using performance specifications supplied by the

Secretary of Defense and including any safeguards the Secretary

deems essential to avoid conflict of interest.

''(4) Evaluate bids on the basis of price and other evaluation

criteria.

''(5) Subject to the availability of authorized and

appropriated funds to the Department of Defense, make contract

awards for response action within 120 days after the solicitation

of proposals pursuant to paragraph (3) for the response action,

or within 120 days after receipt of the necessary authorizations

or approvals of the response action by appropriate Federal,

State, or local agencies, whichever is later.

''(e) Application of Section 120 of CERCLA. - Activities of the

model program shall be carried out subject to, and in a manner

consistent with, section 120 (relating to Federal facilities) of

the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9620).

''(f) Expedited Agreements. - The Secretary shall, with the

concurrence of the Administrator of the Environmental Protection

Agency, assure compliance with all applicable Federal statutes and

regulations and, in addition, take all reasonable and appropriate

measures to expedite all necessary administrative decisions,

agreements, and concurrences.

''(g) Report. - The Secretary of Defense shall include a

description of the progress made during the preceding fiscal year

in implementing and accomplishing the goals of this section within

the annual report to Congress required by section 2706 of title 10,

United States Code.

''(h) Applicability of Existing Law. - Nothing in this section

affects or modifies, in any way, the obligations or liability of

any person under other Federal or State law, including common law,

with respect to the disposal or release of hazardous substances or

pollutants or contaminants as defined under section 101 of the

Comprehensive Environmental Response, Compensation, and Liability

Act of 1980 (42 U.S.C. 9601).''

CONSIDERATION OF DEPARTMENT OF DEFENSE HOUSING FOR COAST GUARD

Pub. L. 101-225, title II, Sec. 216, Dec. 12, 1989, 103 Stat.

1915, provided that: ''Notwithstanding any other provision of law,

the Coast Guard is deemed to be an instrumentality within the

Department of Defense for the purposes of section 204(b) of the

Defense Authorization Amendments and Base Closure and Realignment

Act (Pub. L. 100-526) (10 U.S.C. 2687 (note)).''

FIVE-YEAR PLAN FOR ENVIRONMENTAL RESTORATION AT BASES TO BE CLOSED

Pub. L. 101-189, div. A, title III, Sec. 353, Nov. 29, 1989, 103

Stat. 1423, directed Secretary of Defense to develop a

comprehensive five-year plan for environmental restoration at

military installations that would be closed or realigned during

fiscal years 1991 through 1995, pursuant to title II of the Defense

Authorization Amendments and Base Closure and Realignment Act, Pub.

L. 100-526, set out below, and, at same time President submits to

Congress budget for fiscal year 1991 pursuant to 31 U.S.C. 1105, to

submit to Congress a report on the five-year plan.

PROHIBITION ON REDUCING END STRENGTH LEVELS FOR MEDICAL PERSONNEL

AS A RESULT OF BASE CLOSURES AND REALIGNMENTS

Pub. L. 101-189, div. A, title VII, Sec. 723, Nov. 29, 1989, 103

Stat. 1478, provided that:

''(a) Prohibition. - The end strength levels for medical

personnel for each component of the Armed Forces, and the number of

civilian personnel of the Department of Defense assigned to

military medical facilities, may not be reduced as a result of the

closure or realignment of a military installation under section

2687 of title 10, United States Code, or title II of the Defense

Authorization Amendments and Base Closure and Realignment Act

(Public Law 100-526; 10 U.S.C. 2687 note).

''(b) Medical Personnel Defined. - For purposes of subsection

(a), the term 'medical personnel' has the meaning given that term

in subparagraph (D) of section 115(b)(1) of title 10, United States

Code.''

USE OF CLOSED BASES FOR PRISONS AND DRUG TREATMENT FACILITIES

Pub. L. 101-189, div. B, title XXVIII, Sec. 2832, Nov. 29, 1989,

103 Stat. 1660, provided that:

''(a) Findings. - The Congress finds that -

''(1) the war on drugs is one of the highest priorities of the

Federal Government;

''(2) to effectively wage the war on drugs, adequate penal and

correctional facilities and a substantial increase in the number

and capacity of drug treatment facilities are needed;

''(3) under the base closure process, authorized by title II of

the Defense Authorization Amendments and Base Closure and

Realignment Act (Public Law 100-526; 102 Stat. 2627) (set out

below), 86 military bases are scheduled for closure; and

''(4) facilities rendered excess by the base closure process

should be seriously considered for use as prisons and drug

treatment facilities, as appropriate.

''(b) Sense of Congress. - It is the sense of Congress that the

Secretary of Defense should, pursuant to the provisions of title II

of the Defense Authorization Amendments and Base Closure and

Realignment Act, give priority to making real property (including

the improvements thereon) of the Department of Defense rendered

excess or surplus as a result of the recommendations of the

Commission on Base Realignment and Closure available to another

Federal agency or a State or local government for use as a penal or

correctional facility or as a drug abuse prevention, treatment, or

rehabilitation center.''

NOTICE TO LOCAL AND STATE EDUCATIONAL AGENCIES OF ENROLLMENT

CHANGES DUE TO BASE CLOSURES AND REALIGNMENTS

Pub. L. 101-189, div. B, title XXVIII, Sec. 2833, Nov. 29, 1989,

103 Stat. 1661, provided that:

''(a) Identification of Enrollment Changes. - (1) Not later than

January 1 of each year in which any activities necessary to close

or realign a military installation under title II of the Defense

Authorization Amendments and Base Closure and Realignment Act

(Public Law 100-526; 102 Stat. 2627) (set out below) are conducted,

the Secretary of Defense shall identify, to the extent practicable,

each local educational agency that will experience at least a

5-percent increase or at least a 10-percent reduction in the number

of dependent children of members of the Armed Forces and of

civilian employees of the Department of Defense enrolled in schools

under the jurisdiction of such agency during the next academic year

(compared with the number of such children enrolled in such schools

during the preceding year) as a result of the closure or

realignment of a military installation under that Act (Pub. L.

100-526, see Short Title of 1988 Amendment note above).

''(2) The Secretary shall carry out this subsection in

consultation with the Secretary of Education.

''(b) Notice Required. - Not later than 30 days after the date on

which the Secretary of Defense identifies a local educational

agency under subsection (a), the Secretary shall transmit a written

notice of the schedule for the closure or realignment of the

military installation affecting that local educational agency to

that local educational agency and to the State government education

agency responsible for administering State government education

programs involving that local educational agency.''

CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS

Pub. L. 100-526, title II, Oct. 24, 1988, 102 Stat. 2627, as

amended by Pub. L. 101-510, div. B, title XXIX, Sec. 2923(b)(1),

Nov. 5, 1990, 104 Stat. 1821; Pub. L. 102-190, div. A, title III,

Sec. 344(a), Dec. 5, 1991, 105 Stat. 1344; Pub. L. 102-484, div.

B, title XXVIII, Sec. 2821(a), Oct. 23, 1992, 106 Stat. 2606; Pub.

L. 103-160, div. B, title XXIX, Sec. 2902(a), 2903(a), 2904(a),

2905(a), 2907(a), 2908(a), 2918(b), 2921(a), Nov. 30, 1993, 107

Stat. 1909, 1912, 1915, 1916, 1921, 1922, 1928, 1929; Pub. L.

103-337, div. A, title X, Sec. 1070(b)(13), div. B, title XXVIII,

Sec. 2812(a), 2813(a)-(c)(1), (d)(1), (e)(1), Oct. 5, 1994, 108

Stat. 2857, 3054, 3055; Pub. L. 103-421, Sec. 2(f)(1), Oct. 25,

1994, 108 Stat. 4354; Pub. L. 104-106, div. A, title XV, Sec.

1504(a)(9), 1505(e)(3), div. B, title XXVIII, Sec. 2831(b)(1),

2839(a), 2840(a), Feb. 10, 1996, 110 Stat. 513, 515, 558, 563, 564;

Pub. L. 104-201, div. B, title XXVIII, Sec. 2811, 2812(a),

2813(a), Sept. 23, 1996, 110 Stat. 2788, 2789; Pub. L. 105-85,

div. A, title X, Sec. 1073(d)(6), div. B, title XXVIII, Sec.

2821(a), Nov. 18, 1997, 111 Stat. 1906, 1996; Pub. L. 106-65, div.

B, title XXVIII, Sec. 2821(b), Oct. 5, 1999, 113 Stat. 855; Pub. L.

106-398, Sec. 1 (div. B, title XXVIII, Sec. 2821(b)), Oct. 30,

2000, 114 Stat. 1654, 1654A-419; Pub. L. 107-107, div. A, title X,

Sec. 1048(d)(3), div. B, title XXVIII, Sec. 2821(a), Dec. 28,

2001, 115 Stat. 1227, 1311; Pub. L. 107-314, div. A, title X, Sec.

1062(n), div. B, title XXVIII, Sec. 2814(a), Dec. 2, 2002, 116

Stat. 2652, 2710, provided that:

''SEC. 201. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS

''The Secretary shall -

''(1) close all military installations recommended for closure

by the Commission on Base Realignment and Closure in the report

transmitted to the Secretary pursuant to the charter establishing

such Commission;

''(2) realign all military installations recommended for

realignment by such Commission in such report; and

''(3) initiate all such closures and realignments no later than

September 30, 1991, and complete all such closures and

realignments no later than September 30, 1995, except that no

such closure or realignment may be initiated before January 1,

1990.

''SEC. 202. CONDITIONS

''(a) In General. - The Secretary may not carry out any closure

or realignment of a military installation under this title unless -

''(1) no later than January 16, 1989, the Secretary transmits

to the Committees on Armed Services of the Senate and the House

of Representatives a report containing a statement that the

Secretary has approved, and the Department of Defense will

implement, all of the military installation closures and

realignments recommended by the Commission in the report referred

to in section 201(1);

''(2) the Commission has recommended, in the report referred to

in section 201(1), the closure or realignment, as the case may

be, of the installation, and has transmitted to the Committees on

Armed Services of the Senate and the House of Representatives a

copy of such report and the statement required by section

203(b)(2); and

''(3) the Secretary of Defense has transmitted to the

Commission the study required by section 206(b).

''(b) Joint Resolution. - The Secretary may not carry out any

closure or realignment under this title if, within the 45-day

period beginning on March 1, 1989, a joint resolution is enacted,

in accordance with the provisions of section 208, disapproving the

recommendations of the Commission. The days on which either House

of Congress is not in session because of an adjournment of more

than 3 days to a day certain shall be excluded in the computation

of such 45-day period.

''(c) Termination of Authority. - (1) Except as provided in

paragraph (2), the authority of the Secretary to carry out any

closure or realignment under this title shall terminate on October

1, 1995.

''(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.

''SEC. 203. THE COMMISSION

''(a) Membership. - The Commission shall consist of 12 members

appointed by the Secretary of Defense.

''(b) Duties. - The Commission shall -

''(1) transmit the report referred to in section 201(1) to the

Secretary no later than December 31, 1988, and shall include in

such report a description of the Commission's recommendations of

the military installations to which functions will be transferred

as a result of the closures and realignments recommended by the

Commission; and

''(2) on the same date on which the Commission transmits such

report to the Secretary, transmit to Committees on Armed Services

of the Senate and the House of Representatives -

''(A) a copy of such report; and

''(B) a statement certifying that the Commission has

identified the military installations to be closed or realigned

by reviewing all military installations inside the United

States, including all military installations under construction

and all those planned for construction.

''(c) Staff. - Not more than one-half of the professional staff

of the Commission shall be individuals who have been employed by

the Department of Defense during calendar year 1988 in any capacity

other than as an employee of the Commission.

''SEC. 204. IMPLEMENTATION

''(a) In General. - In closing or realigning a military

installation under this title, the Secretary -

''(1) subject to the availability of funds authorized for and

appropriated to the Department of Defense for use in planning and

design, minor construction, or operation and maintenance and the

availability of funds in the Account, may carry out actions

necessary to implement such closure or realignment, including the

acquisition of such land, the construction of such replacement

facilities, the performance of such activities, and the conduct

of such advance planning and design as may be required to

transfer functions from such military installation to another

military installation;

''(2) subject to the availability of funds authorized for and

appropriated to the Department of Defense for economic adjustment

assistance or community planning assistance and the availability

of funds in the Account, shall provide -

''(A) economic adjustment assistance to any community located

near a military installation being closed or realigned; and

''(B) community planning assistance to any community located

near a military installation to which functions will be

transferred as a result of such closure or realignment,

if the Secretary determines that the financial resources

available to the community (by grant or otherwise) for such

purposes are inadequate; and

''(3) subject to the availability of funds authorized for and

appropriated to the Department of Defense for environmental

restoration and the availability of funds in the Account, may

carry out activities for the purpose of environmental

restoration, including reducing, removing, and recycling

hazardous wastes and removing unsafe buildings and debris.

''(b) Management and Disposal of Property. - (1) The

Administrator of General Services shall delegate to the Secretary,

with respect to excess and surplus real property, facilities, and

personal property located at a military installation closed or

realigned under this title -

''(A) the authority of the Administrator to utilize excess

property under subchapter II of chapter 5 of title 40, United

States Code;

''(B) the authority of the Administrator to dispose of surplus

property under subchapter III of chapter 5 of title 40, United

States Code; and

''(C) the authority to dispose of surplus property for public

airports under sections 47151 through 47153 of title 49, United

States Code.

''(2)(A) Subject to subparagraph (B), the Secretary shall

exercise authority delegated to the Secretary pursuant to paragraph

(1) in accordance with -

''(i) all regulations in effect on the date of the enactment of

this title (Oct. 24, 1988) governing utilization of excess

property and disposal of surplus property under the Federal

Property and Administrative Services Act of 1949 (now chapters 1

to 11 of Title 40, Public Buildings, Property, and Works and

title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.));

and

''(ii) all regulations in effect on the date of the enactment

of this title governing the conveyance and disposal of property

under section 13(g) of the Surplus Property Act of 1944 (50

U.S.C. App. 1622(g)).

''(B) The Secretary, after consulting with the Administrator of

General Services, may issue regulations that are necessary to carry

out the delegation of authority required by paragraph (1).

''(C) The authority required to be delegated by paragraph (1) to

the Secretary by the Administrator of General Services shall not

include the authority to prescribe general policies and methods for

utilizing excess property and disposing of surplus property.

''(D) The Secretary of Defense may transfer real property or

facilities located at a military installation to be closed or

realigned under this title, with or without reimbursement, to a

military department or other entity (including a nonappropriated

fund instrumentality) within the Department of Defense or the Coast

Guard.

''(E) Before any action may be taken with respect to the disposal

of any surplus real property or facility located at any military

installation to be closed or realigned under this title, the

Secretary shall consult with the Governor of the State and the

heads of the local governments concerned for the purpose of

considering any plan for the use of such property by the local

community concerned.

''(F) The provisions of this paragraph and paragraph (1) are

subject to paragraphs (3) through (6).

''(3)(A) Not later than 6 months after the date of the enactment

of the National Defense Authorization Act for Fiscal Year 1994

(Nov. 30, 1993), the Secretary, in consultation with the

redevelopment authority with respect to each military installation

to be closed under this title after such date of enactment, shall -

''(i) inventory the personal property located at the

installation; and

''(ii) identify the items (or categories of items) of such

personal property that the Secretary determines to be related to

real property and anticipates will support the implementation of

the redevelopment plan with respect to the installation.

''(B) If no redevelopment authority referred to in subparagraph

(A) exists with respect to an installation, the Secretary shall

consult with -

''(i) the local government in whose jurisdiction the

installation is wholly located; or

''(ii) a local government agency or State government agency

designated for the purpose of such consultation by the chief

executive officer of the State in which the installation is

located.

''(C)(i) Except as provided in subparagraphs (E) and (F), the

Secretary may not carry out any of the activities referred to in

clause (ii) with respect to an installation referred to in that

clause until the earlier of -

''(I) one week after the date on which the redevelopment plan

for the installation is submitted to the Secretary;

''(II) the date on which the redevelopment authority notifies

the Secretary that it will not submit such a plan;

''(III) twenty-four months after the date referred to in

subparagraph (A); or

''(IV) ninety days before the date of the closure of the

installation.

''(ii) The activities referred to in clause (i) are activities

relating to the closure of an installation to be closed under this

title as follows:

''(I) The transfer from the installation of items of personal

property at the installation identified in accordance with

subparagraph (A).

''(II) The reduction in maintenance and repair of facilities or

equipment located at the installation below the minimum levels

required to support the use of such facilities or equipment for

nonmilitary purposes.

''(D) Except as provided in paragraph (4), the Secretary may not

transfer items of personal property located at an installation to

be closed under this title to another installation, or dispose of

such items, if such items are identified in the redevelopment plan

for the installation as items essential to the reuse or

redevelopment of the installation. In connection with the

development of the redevelopment plan for the installation, the

Secretary shall consult with the entity responsible for developing

the redevelopment plan to identify the items of personal property

located at the installation, if any, that the entity desires to be

retained at the installation for reuse or redevelopment of the

installation.

''(E) This paragraph shall not apply to any related personal

property located at an installation to be closed under this title

if the property -

''(i) is required for the operation of a unit, function,

component, weapon, or weapons system at another installation;

''(ii) is uniquely military in character, and is likely to have

no civilian use (other than use for its material content or as a

source of commonly used components);

''(iii) is not required for the reutilization or redevelopment

of the installation (as jointly determined by the Secretary and

the redevelopment authority);

''(iv) is stored at the installation for purposes of

distribution (including spare parts or stock items); or

''(v)(I) meets known requirements of an authorized program of

another Federal department or agency for which expenditures for

similar property would be necessary, and (II) is the subject of a

written request by the head of the department or agency.

''(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary

may carry out any activity referred to in subparagraph (C)(ii) or

(D) if the Secretary determines that the carrying out of such

activity is in the national security interest of the United States.

''(4)(A) The Secretary may transfer real property and personal

property located at a military installation to be closed or

realigned under this title to the redevelopment authority with

respect to the installation for purposes of job generation on the

installation.

''(B) The transfer of property of a military installation under

subparagraph (A) shall be without consideration if the

redevelopment authority with respect to the installation -

''(i) agrees that the proceeds from any sale or lease of the

property (or any portion thereof) received by the redevelopment

authority during at least the first seven years after the date of

the initial transfer of property under subparagraph (A) shall be

used to support the economic redevelopment of, or related to, the

installation; and

''(ii) executes the agreement for transfer of the property and

accepts control of the property within a reasonable time after

the date of the property disposal record of decision or finding

of no significant impact under the National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et seq.).

''(C) For purposes of subparagraph (B), the use of proceeds from

a sale or lease described in such subparagraph to pay for, or

offset the costs of, public investment on or related to the

installation for any of the following purposes shall be considered

a use to support the economic redevelopment of, or related to, the

installation:

''(i) Road construction.

''(ii) Transportation management facilities.

''(iii) Storm and sanitary sewer construction.

''(iv) Police and fire protection facilities and other public

facilities.

''(v) Utility construction.

''(vi) Building rehabilitation.

''(vii) Historic property preservation.

''(viii) Pollution prevention equipment or facilities.

''(ix) Demolition.

''(x) Disposal of hazardous materials generated by demolition.

''(xi) Landscaping, grading, and other site or public

improvements.

''(xii) Planning for or the marketing of the development and

reuse of the installation.

''(D) The Secretary may recoup from a redevelopment authority

such portion of the proceeds from a sale or lease described in

subparagraph (B) as the Secretary determines appropriate if the

redevelopment authority does not use the proceeds to support

economic redevelopment of, or related to, the installation for the

period specified in subparagraph (B).

''(E)(i) The Secretary may transfer real property at an

installation approved for closure or realignment under this title

(including property at an installation approved for realignment

which will be retained by the Department of Defense or another

Federal agency after realignment) to the redevelopment authority

for the installation if the redevelopment authority agrees to

lease, directly upon transfer, one or more portions of the property

transferred under this subparagraph to the Secretary or to the head

of another department or agency of the Federal Government.

Subparagraph (B) shall apply to a transfer under this subparagraph.

''(ii) A lease under clause (i) shall be for a term of not to

exceed 50 years, but may provide for options for renewal or

extension of the term by the department or agency concerned.

''(iii) A lease under clause (i) may not require rental payments

by the United States.

''(iv) A lease under clause (i) shall include a provision

specifying that if the department or agency concerned ceases

requiring the use of the leased property before the expiration of

the term of the lease, the remainder of the lease term may be

satisfied by the same or another department or agency of the

Federal Government using the property for a use similar to the use

under the lease. Exercise of the authority provided by this clause

shall be made in consultation with the redevelopment authority

concerned.

''(v) Notwithstanding clause (iii), if a lease under clause (i)

involves a substantial portion of the installation, the department

or agency concerned may obtain facility services for the leased

property and common area maintenance from the redevelopment

authority or the redevelopment authority's assignee as a provision

of the lease. The facility services and common area maintenance

shall be provided at a rate no higher than the rate charged to

non-Federal tenants of the transferred property. Facility services

and common area maintenance covered by the lease shall not include

-

''(I) municipal services that a State or local government is

required by law to provide to all landowners in its jurisdiction

without direct charge; or

''(II) firefighting or security-guard functions.

''(F) The transfer of personal property under subparagraph (A)

shall not be subject to the provisions of subchapters II and III of

chapter 5 of title 40, United States Code, if the Secretary

determines that the transfer of such property is necessary for the

effective implementation of a redevelopment plan with respect to

the installation at which such property is located.

''(G) The provisions of section 120(h) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9620(h)) shall apply to any transfer of real property under

this paragraph.

''(H)(i) In the case of an agreement for the transfer of property

of a military installation under this paragraph that was entered

into before April 21, 1999, the Secretary may modify the agreement,

and in so doing compromise, waive, adjust, release, or reduce any

right, title, claim, lien, or demand of the United States, if -

''(I) the Secretary determines that as a result of changed

economic circumstances, a modification of the agreement is

necessary;

''(II) the terms of the modification do not require the return

of any payments that have been made to the Secretary;

''(III) the terms of the modification do not compromise, waive,

adjust, release, or reduce any right, title, claim, lien, or

demand of the United States with respect to in-kind

consideration; and

''(IV) the cash consideration to which the United States is

entitled under the modified agreement, when combined with the

cash consideration to be received by the United States for the

disposal of other real property assets on the installation, are

as sufficient as they were under the original agreement to fund

the reserve account established under paragraph (7)(C), with the

depreciated value of the investment made with commissary store

funds or nonappropriated funds in property disposed of pursuant

to the agreement being modified, in accordance with section

2906(d) of the Defense Base Closure and Realignment Act of 1990

(Pub. L. 101-510, 10 U.S.C. 2687 note).

''(ii) When exercising the authority granted by clause (i), the

Secretary may waive some or all future payments if, and to the

extent that, the Secretary determines such waiver is necessary.

''(iii) With the exception of the requirement that the transfer

be without consideration, the requirements of subparagraphs (B),

(C), and (D) shall be applicable to any agreement modified pursuant

to clause (i).

''(I) In the case of an agreement for the transfer of property of

a military installation under this paragraph that was entered into

during the period beginning on April 21, 1999, and ending on the

date of enactment of the National Defense Authorization Act for

Fiscal Year 2000 (Oct. 5, 1999), at the request of the

redevelopment authority concerned, the Secretary shall modify the

agreement to conform to all the requirements of subparagraphs (B),

(C), and (D). Such a modification may include the compromise,

waiver, adjustment, release, or reduction of any right, title,

claim, lien, or demand of the United States under the agreement.

''(J) The Secretary may require any additional terms and

conditions in connection with a transfer under this paragraph as

such Secretary considers appropriate to protect the interests of

the United States.

''(5)(A) Except as provided in subparagraphs (B) and (C), the

Secretary shall take such actions as the Secretary determines

necessary to ensure that final determinations under paragraph (1)

regarding whether another department or agency of the Federal

Government has identified a use for any portion of a military

installation to be closed under this title after the date of the

enactment of the National Defense Authorization Act for Fiscal Year

1994 (Nov. 30, 1993), or will accept transfer of any portion of

such installation, are made not later than 6 months after such date

of enactment.

''(B) The Secretary may, in consultation with the redevelopment

authority with respect to an installation, postpone making the

final determinations referred to in subparagraph (A) with respect

to the installation for such period as the Secretary determines

appropriate if the Secretary determines that such postponement is

in the best interests of the communities affected by the closure of

the installation.

''(C)(i) Before acquiring non-Federal real property as the

location for a new or replacement Federal facility of any type, the

head of the Federal agency acquiring the property shall consult

with the Secretary regarding the feasibility and cost advantages of

using Federal property or facilities at a military installation

closed or realigned or to be closed or realigned under this title

as the location for the new or replacement facility. In

considering the availability and suitability of a specific military

installation, the Secretary and the head of the Federal agency

involved shall obtain the concurrence of the redevelopment

authority with respect to the installation and comply with the

redevelopment plan for the installation.

''(ii) Not later than 30 days after acquiring non-Federal real

property as the location for a new or replacement Federal facility,

the head of the Federal agency acquiring the property shall submit

to Congress a report containing the results of the consultation

under clause (i) and the reasons why military installations

referred to in such clause that are located within the area to be

served by the new or replacement Federal facility or within a

200-mile radius of the new or replacement facility, whichever area

is greater, were considered to be unsuitable or unavailable for the

site of the new or replacement facility.

''(iii) This subparagraph shall apply during the period beginning

on the date of the enactment of the National Defense Authorization

Act for Fiscal Year 1998 (Nov. 18, 1997) and ending on July 31,

2001.

''(6)(A) Except as provided in this paragraph, nothing in this

section shall limit or otherwise affect the application of the

provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C.

11301 et seq.) to military installations closed under this title.

''(B)(i) Not later than the date on which the Secretary of

Defense completes the determination under paragraph (5) of the

transferability of any portion of an installation to be closed

under this title, the Secretary shall -

''(I) complete any determinations or surveys necessary to

determine whether any building or property referred to in clause

(ii) is excess property, surplus property, or unutilized or

underutilized property for the purpose of the information

referred to in section 501(a) of such Act (42 U.S.C. 11411(a));

and

''(II) submit to the Secretary of Housing and Urban Development

information on any building or property that is so determined.

''(ii) The buildings and property referred to in clause (i) are

any buildings or property located at an installation referred to in

that clause for which no use is identified, or of which no Federal

department or agency will accept transfer, pursuant to the

determination of transferability referred to in that clause.

''(C) Not later than 60 days after the date on which the

Secretary of Defense submits information to the Secretary of

Housing and Urban Development under subparagraph (B)(ii), the

Secretary of Housing and Urban Development shall -

''(i) identify the buildings and property described in such

information that are suitable for use to assist the homeless;

''(ii) notify the Secretary of Defense of the buildings and

property that are so identified;

''(iii) publish in the Federal Register a list of the buildings

and property that are so identified, including with respect to

each building or property the information referred to in section

501(c)(1)(B) of such Act (42 U.S.C. 11411(c)(1)(B)); and

''(iv) make available with respect to each building and

property the information referred to in section 501(c)(1)(C) of

such Act in accordance with such section 501(c)(1)(C).

''(D) Any buildings and property included in a list published

under subparagraph (C)(iii) shall be treated as property available

for application for use to assist the homeless under section 501(d)

of such Act.

''(E) The Secretary of Defense shall make available in accordance

with section 501(f) of such Act any buildings or property referred

to in subparagraph (D) for which -

''(i) a written notice of an intent to use such buildings or

property to assist the homeless is received by the Secretary of

Health and Human Services in accordance with section 501(d)(2) of

such Act;

''(ii) an application for use of such buildings or property for

such purpose is submitted to the Secretary of Health and Human

Services in accordance with section 501(e)(2) of such Act; and

''(iii) the Secretary of Health and Human Services -

''(I) completes all actions on the application in accordance

with section 501(e)(3) of such Act; and

''(II) approves the application under section 501(e) of such

Act.

''(F)(i) Subject to clause (ii), a redevelopment authority may

express in writing an interest in using buildings and property

referred to in subparagraph (D), and buildings and property

referred to in subparagraph (B)(ii) which have not been identified

as suitable for use to assist the homeless under subparagraph (C),

or use such buildings and property, in accordance with the

redevelopment plan with respect to the installation at which such

buildings and property are located as follows:

''(I) If no written notice of an intent to use such buildings

or property to assist the homeless is received by the Secretary

of Health and Human Services in accordance with section 501(d)(2)

of such Act during the 60-day period beginning on the date of the

publication of the buildings and property under subparagraph

(C)(iii).

''(II) In the case of buildings and property for which such

notice is so received, if no completed application for use of the

buildings or property for such purpose is received by the

Secretary of Health and Human Services in accordance with section

501(e)(2) of such Act during the 90-day period beginning on the

date of the receipt of such notice.

''(III) In the case of building and property for which such

application is so received, if the Secretary of Health and Human

Services rejects the application under section 501(e) of such

Act.

''(ii) Buildings and property shall be available only for the

purpose of permitting a redevelopment authority to express in

writing an interest in the use of such buildings and property, or

to use such buildings and property, under clause (i) as follows:

''(I) In the case of buildings and property referred to in

clause (i)(I), during the one-year period beginning on the first

day after the 60-day period referred to in that clause.

''(II) In the case of buildings and property referred to in

clause (i)(II), during the one-year period beginning on the first

day after the 90-day period referred to in that clause.

''(III) In the case of buildings and property referred to in

clause (i)(III), during the one-year period beginning on the date

of the rejection of the application referred to in that clause.

''(iii) A redevelopment authority shall express an interest in

the use of buildings and property under this subparagraph by

notifying the Secretary of Defense, in writing, of such an

interest.

''(G)(i) Buildings and property available for a redevelopment

authority under subparagraph (F) shall not be available for use to

assist the homeless under section 501 of such Act (42 U.S.C. 11411)

while so available for a redevelopment authority.

''(ii) If a redevelopment authority does not express an interest

in the use of buildings or property, or commence the use of

buildings or property, under subparagraph (F) within the applicable

time periods specified in clause (ii) of such subparagraph, such

buildings or property shall be treated as property available for

use to assist the homeless under section 501(a) of such Act.

''(7)(A) Except as provided in subparagraph (B) or (C), all

proceeds -

''(i) from any transfer under paragraphs (3) through (6); and

''(ii) from the transfer or disposal of any other property or

facility made as a result of a closure or realignment under this

title,

shall be deposited into the Account established by section

207(a)(1).

''(B) In any case in which the General Services Administration is

involved in the management or disposal of such property or

facility, the Secretary shall reimburse the Administrator of

General Services from the proceeds of such disposal, in accordance

with section 1535 of title 31, United States Code, for any expenses

incurred in such activities.

''(C)(i) If any real property or facility acquired, constructed,

or improved (in whole or in part) with commissary store funds or

nonappropriated funds is transferred or disposed of in connection

with the closure or realignment of a military installation under

this title, a portion of the proceeds of the transfer or other

disposal of property on that installation shall be deposited in a

reserve account established in the Treasury to be administered by

the Secretary. The Secretary may use amounts in the account (in

such an aggregate amount as is provided in advance in appropriation

Acts) for the purpose of acquiring, constructing, and improving -

''(I) commissary stores; and

''(II) real property and facilities for nonappropriated fund

instrumentalities.

''(ii) The amount deposited under clause (i) shall be equal to

the depreciated value of the investment made with such funds in the

acquisition, construction, or improvement of that particular real

property or facility. The depreciated value of the investment

shall be computed in accordance with regulations prescribed by the

Secretary of Defense.

''(iii) As used in this subparagraph:

''(I) The term 'commissary store funds' means funds received

from the adjustment of, or surcharge on, selling prices at

commissary stores fixed under section 2685 of title 10, United

States Code.

''(II) The term 'nonappropriated funds' means funds received

from a nonappropriated fund instrumentality.

''(III) The term 'nonappropriated fund instrumentality' means

an instrumentality of the United States under the jurisdiction of

the Armed Forces (including the Army and Air Force Exchange

Service, the Navy Resale and Services Support Office, and the

Marine Corps exchanges) which is conducted for the comfort,

pleasure, contentment, or physical or mental improvement of

members of the Armed Forces.

''(8)(A) Subject to subparagraph (C), the Secretary may enter

into agreements (including contracts, cooperative agreements, or

other arrangements for reimbursement) with local governments for

the provision of police or security services, fire protection

services, airfield operation services, or other community services

by such governments at military installations to be closed under

this title, or at facilities not yet transferred or otherwise

disposed of in the case of installations closed under this title,

if the Secretary determines that the provision of such services

under such agreements is in the best interests of the Department of

Defense.

''(B) The Secretary may exercise the authority provided under

this paragraph without regard to the provisions of chapter 146 of

title 10, United States Code.

''(C) The Secretary may not exercise the authority under

subparagraph (A) with respect to an installation earlier than 180

days before the date on which the installation is to be closed.

''(D) The Secretary shall include in a contract for services

entered into with a local government under this paragraph a clause

that requires the use of professionals to furnish the services to

the extent that professionals are available in the area under the

jurisdiction of such government.

''(c) Applicability of Other Law. - (1) The provisions of the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

shall not apply to -

''(A) the actions of the Commission, including selecting the

military installations which the Commission recommends for

closure or realignment under this title, recommending any

military installation to receive functions from an installation

to be closed or realigned, and making its report to the Secretary

and the committees under section 203(b); and

''(B) the actions of the Secretary in establishing the

Commission, in determining whether to accept the recommendations

of the Commission, in selecting any military installation to

receive functions from an installation to be closed or realigned,

and in transmitting the report to the Committees referred to in

section 202(a)(1).

''(2) The provisions of the National Environmental Policy Act of

1969 shall apply to the actions of the Secretary (A) during the

process of the closing or realigning of a military installation

after such military installation has been selected for closure or

realignment but before the installation is closed or realigned and

the functions relocated, and (B) during the process of the

relocating of functions from a military installation being closed

or realigned to another military installation after the receiving

installation has been selected but before the functions are

relocated. In applying the provisions of such Act, the Secretary

shall not have to consider -

''(i) the need for closing or realigning a military

installation which has been selected for closure or realignment

by the Commission;

''(ii) the need for transferring functions to another military

installation which has been selected as the receiving

installation; or

''(iii) alternative military installations to those selected.

''(3) A civil action for judicial review, with respect to any

requirement of the National Environmental Policy Act of 1969 to the

extent such Act is applicable under paragraph (2), or with respect

to any requirement of the Commission made by this title, of any

action or failure to act by the Secretary during the closing,

realigning, or relocating referred to in clauses (A) and (B) of

paragraph (2), or of any action or failure to act by the Commission

under this title, may not be brought later than the 60th day after

the date of such action or failure to act.

''(d) Transfer Authority in Connection With Payment of

Environmental Remediation Costs. - (1)(A) Subject to paragraph (2)

of this subsection and section 120(h) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9620(h)), the Secretary may enter into an agreement to

transfer by deed real property or facilities referred to in

subparagraph (B) with any person who agrees to perform all

environmental restoration, waste management, and environmental

compliance activities that are required for the property or

facilities under Federal and State laws, administrative decisions,

agreements (including schedules and milestones), and concurrences.

''(B) The real property and facilities referred to in

subparagraph (A) are the real property and facilities located at an

installation closed or to be closed under this title that are

available exclusively for the use, or expression of an interest in

a use, of a redevelopment authority under subsection (b)(6)(F)

during the period provided for that use, or expression of interest

in use, under that subsection.

''(C) The Secretary may require any additional terms and

conditions in connection with an agreement authorized by

subparagraph (A) as the Secretary considers appropriate to protect

the interests of the United States.

''(2) A transfer of real property or facilities may be made under

paragraph (1) only if the Secretary certifies to Congress that -

''(A) the costs of all environmental restoration, waste

management, and environmental compliance activities to be paid by

the recipient of the property or facilities are equal to or

greater than the fair market value of the property or facilities

to be transferred, as determined by the Secretary; or

''(B) if such costs are lower than the fair market value of the

property or facilities, the recipient of the property or

facilities agrees to pay the difference between the fair market

value and such costs.

''(3) As part of an agreement under paragraph (1), the Secretary

shall disclose to the person to whom the property or facilities

will be transferred any information of the Secretary regarding the

environmental restoration, waste management, and environmental

compliance activities described in paragraph (1) that relate to the

property or facilities. The Secretary shall provide such

information before entering into the agreement.

''(4) Nothing in this subsection shall be construed to modify,

alter, or amend the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or

the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

''(5) Section 330 of the National Defense Authorization Act for

Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) shall

not apply to any transfer under this subsection to persons or

entities described in subsection (a)(2) of such section 330.

''(6) The Secretary may not enter into an agreement to transfer

property or facilities under this subsection after the expiration

of the five-year period beginning on the date of the enactment of

the National Defense Authorization Act for Fiscal Year 1994 (Nov.

30, 1993).

''(e) Transfer Authority in Connection With Construction or

Provision of Military Family Housing. - (1) Subject to paragraph

(2), the Secretary may enter into an agreement to transfer by deed

real property or facilities located at or near an installation

closed or to be closed under this title with any person who agrees,

in exchange for the real property or facilities, to transfer to the

Secretary housing units that are constructed or provided by the

person and located at or near a military installation at which

there is a shortage of suitable housing to meet the requirements of

members of the Armed Forces and their dependents.

''(2) A transfer of real property or facilities may be made under

paragraph (1) only if -

''(A) the fair market value of the housing units to be received

by the Secretary in exchange for the property or facilities to be

transferred is equal to or greater than the fair market value of

such property or facilities, as determined by the Secretary; or

''(B) in the event the fair market value of the housing units

is less than the fair market value of property or facilities to

be transferred, the recipient of the property or facilities

agrees to pay to the Secretary the amount equal to the excess of

the fair market value of the property or facilities over the fair

market value of the housing units.

''(3) Notwithstanding section 207(a)(7), the Secretary may

deposit funds received under paragraph (2)(B) in the Department of

Defense Family Housing Improvement Fund established under section

2883(a) of title 10, United States Code.

''(4) The Secretary shall submit to the appropriate committees of

Congress a report describing each agreement proposed to be entered

into under paragraph (1), including the consideration to be

received by the United States under the agreement. The Secretary

may not enter into the agreement until the end of the 21-day period

beginning on the date the appropriate committees of Congress

receive the report regarding the agreement.

''(5) The Secretary may require any additional terms and

conditions in connection with an agreement authorized by this

subsection as the Secretary considers appropriate to