CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY

Title 10 > CHAPTER 159

Sections (76)

“SEC. 322 REPLACEMENT OF FLUORINATED AQUEOUS FILM-FORMING FOAM WITH FLUORINE-FREE FIRE-FIGHTING AGENT.

(“(a) Use of Fluorine-free Foam at Military Installations.— Not later than January 31, 2023 , the Secretary of the Navy shall publish a military specification for a fluorine-free fire-fighting agent for use at all military installations and ensure that such agent is available for use by not later than October 1, 2023 . Concurrent with publication of the military specification under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report containing a detailed plan for implementing the transition to a fluorine-free fire-fighting agent by not later than October 1, 2023 . The report shall include— a detailed description of the progress of the Department of Defense to identify a fluorine-free fire-fighting agent for use as a replacement fire-fighting agent at military installations; a description of any technology and equipment required to implement the replacement fire-fighting agent; funding requirements, by fiscal year, to implement the replacement fire-fighting agent, including funding for the procurement of a replacement fire-fighting agent, required equipment, and infrastructure improvements; a detailed timeline of remaining required actions to implement such replacement.

(“(b) Limitation.— No amount authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended after October 1, 2026 , to procure fire-fighting foam that contains detectable perfluoroalkyl substances and polyfluoroalkyl substances.

(“(c) Prohibition on Use.— Fluorinated aqueous film-forming foam may not be used at the following:: [sic] Any military installation that, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026 [ Dec. 18, 2025 ], has transitioned to the use of a fluorine-free fire-fighting agent that meets the military specifications issued pursuant to subsection (a). Any other military installation on or after the earlier of the following dates: October 1, 2026 . The date on which the Secretary determines that compliance with the prohibition under this subsection is possible.

(“(d) Exemptions.— Subsections (b) and (c) shall not apply to firefighting foam for use— onboard oceangoing vessels, including use in pier-side inspection, testing, and maintenance; that is necessary to conduct testing to meet military specification qualification requirements and ensure quality standards of the inventory of the Department; in connection with the research, development, test, and evaluation of a fluorine-free fire-fighting agent; on naval nuclear submarine propulsion plants; or in any tactical vehicle, or equipment, that is incompatible with fluorine-free fire-fighting agents.

(“(e) Waiver.— Subject to the limitations under paragraph (2), the Secretary of Defense may waive the limitation under subsection (b) or the prohibition under subsection (c) with respect to the use of fluorinated aqueous film-forming foam, if, by not later than 60 days prior to issuing the waiver, the Secretary— provides to the congressional defense committees a briefing on the basis for the waiver and the progress to develop and field a fluorine-free fire-fighting agent that meets the military specifications issued pursuant to subsection (a), which includes— detailed data on the progress made to identify a replacement fluorine-free fire-fighting agent; a description of the range of technology and equipment-based solutions analyzed to implement replacement; a description of the funding, by fiscal year, applied towards research, development, test, and evaluation of replacement firefighting agents and equipment-based solutions; a description of any completed and projected infrastructure changes; a description of acquisition actions made in support of developing and fielding the fluorine-free fire-fighting agent; an updated timeline for the completion of the transition to use of the fluorine-free fire-fighting agent; and a list of the categories of installation infrastructure or specific mobile firefighting equipment sets that require the waiver along with the justification; submits to the congressional defense committees certification in writing, that— the waiver is necessary for either installation infrastructure, mobile firefighting equipment, or both; the waiver is necessary for the protection of life and safety or to maintain military readiness; the military specification issued pursuant to subsection (a) is still valid; and includes details of the measures in place to minimize the release of and exposure to fluorinated compounds in fluorinated aqueous film-forming foam; and provides for public notice of the waiver. The following limitations apply to a waiver issued under this subsection: Such a waiver shall apply for a period that does not exceed one year. The Secretary may extend such a waiver once for an additional period that does not exceed one year, if the requirements under paragraph (1) are met as of the date of the extension of the waiver. The authority to grant a waiver under this subsection may not be delegated below the level of the Under Secretary of Defense for Acquisition and Sustainment.

(“(f) Definitions.— In this section: The term ‘perfluoroalkyl substances’ means aliphatic substances for which all of the H atoms attached to C atoms in the nonfluorinated substance from which they are notionally derived have been replaced by F atoms, except those H atoms whose substitution would modify the nature of any functional groups present. The term ‘polyfluoroalkyl substances’ means aliphatic substances for which all H atoms attached to at least one (but not all) C atoms have been replaced by F atoms, in such a manner that they contain the perfluoroalkyl moiety CnF2n+1_ (for example, C8F17CH2CH2OH).

“SEC. 323 PROHIBITION OF UNCONTROLLED RELEASE OF FLUORINATED AQUEOUS FILM-FORMING FOAM AT MILITARY INSTALLATIONS.

(“(a) Prohibition.— Except as provided by subsection (b), the Secretary of Defense shall prohibit the uncontrolled release of fluorinated aqueous film-forming foam (hereinafter in this section referred to as ‘AFFF’) at military installations.

(“(b) Exceptions.— Notwithstanding subsection (a), fluorinated AFFF may be released at military installations as follows: AFFF may be released for purposes of an emergency response. A non-emergency release of AFFF may be made for the purposes of testing of equipment or training of personnel, if complete containment, capture, and proper disposal mechanisms are in place to ensure no AFFF is released into the environment.

“SEC. 324 PROHIBITION ON USE OF FLUORINATED AQUEOUS FILM FORMING FOAM FOR TRAINING EXERCISES.

“The Secretary of Defense shall prohibit the use of fluorinated aqueous film forming foam for training exercises at military installations.”

§ 2661 Miscellaneous administrative provisions relating to real property

(a) Availability of Operation and Maintenance Funds.— Appropriations for operation and maintenance of the active forces shall be available for the following: The repair of facilities. The installation of equipment in public and private plants.

(b) Leasing and Road Maintenance Authority.— The Secretary of Defense and the Secretary of each military department may provide for the following: 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— the conduct of field exercises and maneuvers; and the administration of the Act of July 9, 1942 ( 43 U.S.C. 315q ). 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 .

(c) Prohibition on Naming Department of Defense Real Property After Member of Congress.— Real property under the jurisdiction of the Secretary of Defense or the Secretary of a military department may not be named after, or otherwise officially identified by the name of, any individual who is a Member of Congress at the time the property is so named or identified. In this subsection: The term “Member of Congress” includes a Delegate or Resident Commissioner to the Congress. The term “real property” includes structures, buildings, or other infrastructure of a military installation, roadways and defense access roads, and any other area on the grounds of a military installation.

(d) Treatment of Pentagon Reservation.— In this chapter, the terms “Secretary concerned” and “Secretary of a military department” include the Secretary of Defense with respect to the Pentagon Reservation.

[§ 2661a Repealed. Pub. L. 97–295, § 1(31)(A), Oct. 12, 1982, 96 Stat. 1296]

§ 2662 Real property transactions: reports to congressional committees

(a) General Notice and Wait Requirements.— The Secretary of a military department or, with respect to a Defense Agency, the Secretary of Defense may not enter into any of the following listed transactions by or for the use of that department until the Secretary concerned submits a report, subject to paragraph (3), to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives: An acquisition of fee title to any real property, if the estimated price is more than $750, 000. A l e a seo f an yre a lp ro p er t y t o t h e U ni t e d St a t es, i f t h ees t ima t e d ann u a l re n t a l i s m ore t han$ 750,000. A lease, license, or easement of real property owned by the United States (other than a lease or license entered into under section 2667(g) of this title ), if the estimated annual fair market rental value of the property is more than $750, 000. A t r an s f ero f re a lp ro p er t yo w n e d b y t h e U ni t e d St a t es t o an o t h er F e d er a l a g e n cyor an o t h er mi l i t a ry d e p a r t m e n t or t o a St a t e, i f t h ees t ima t e d v a l u e i s m ore t han$ 750,000. A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $750, 000. A n y t er mina t i o n or m o d i f i c a t i o nb ye i t h er t h e g r an t oror g r an t eeo f an e x i s t in g l i ce n seor p er mi t o f re a lp ro p er t yo w n e d b y t h e U ni t e d St a t es t o ami l i t a ry d e p a r t m e n t, u n d er w hi c h s u b s t an t ia l in v es t m e n t s ha v e b ee n or a re p ro p ose d t o b e ma d e in co nn ec t i o n w i t h t h e u seo f t h e p ro p er t y b y t h e mi l i t a ry d e p a r t m e n t . A n y t r an s a c t i o n orco n t r a c t a c t i o n t ha t res u lt s in, or in c l u d es, t h e a c q u i s i t i o n or u se b y, or t h e l e a seor l i ce n se t o, t h e U ni t e d St a t eso f re a lp ro p er t y, i f t h ees t ima t e d ann u a l re n t a l orcos t f or t h e u seo f t h ere a lp ro p er t y i s m ore t han$ 750,000. Any transaction or contract action for the provision and operation of energy production facilities on real property under the jurisdiction of the Secretary of a military department, as authorized by section 2922a(a)(2) of this title , if the term of the transaction or contract exceeds 20 years. If a transaction covered by subparagraph (A) or (B) of paragraph (1) is part of a project, the report shall include a summary 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, as well as the certification described in paragraph (5). The report required by this subsection concerning any report of excess real property described in subparagraph (E) of paragraph (1) 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. The authority of the Secretary concerned to enter into a transaction described in paragraph (1) commences only after the end of the 14-day period beginning on the first day of the first month beginning on or after the date on which the report containing the facts concerning such transaction, and all other such proposed transactions for that month, is provided in an electronic medium pursuant to section 480 of this title . The report for a month under this subsection may not be submitted later than the first day of that month. For purposes of paragraph (2), the certification described in this paragraph with respect to an acquisition or lease of real property is a certification that the Secretary concerned— evaluated the feasibility of using space in property under the jurisdiction of the Department of Defense to satisfy the purposes of the acquisition or lease; and determined that— space in property under the jurisdiction of the Department of Defense is not reasonably available to be used to satisfy the purposes of the acquisition or lease; acquiring the property or entering into the lease would be more cost-effective than the use of the Department of Defense property; or the use of the Department of Defense property would interfere with the ongoing military mission of the property.

(b) Additional Reporting Requirements Regarding Leases of Real Property Owned by the United States.— In the case of a proposed lease, license, or easement of real property owned by the United States covered by paragraph (1)(C) of subsection (a), the Secretary concerned shall comply with the notice-and-wait requirements of paragraph (3) of such subsection before— issuing a contract solicitation or other lease offering with regard to the transaction; and providing public notice regarding any meeting to discuss a proposed contract solicitation with regard to the transaction. The report under paragraph (3) of subsection (a) shall include the following with regard to a proposed transaction covered by paragraph (1)(C) of such subsection: A description of the proposed transaction, including the proposed duration of the lease, license, or easement. A description of the authorities to be used in entering into the transaction. A statement of the scored cost of the entire transaction, determined using the scoring criteria of the Office of Management and Budget. A determination that the property involved in the transaction is not excess property, as required by section 2667(a)(3) of this title , including the basis for the determination. A determination that the proposed transaction is directly compatible with the mission of the military installation or Defense Agency at which the property is located and a description of the anticipated long-term use of the property at the conclusion of the lease or license. A description of the requirements or conditions within the contract solicitation or other lease offering for the person making the offer to address taxation issues, including payments-in-lieu-of taxes, and other development issues related to local municipalities. If the proposed lease involves a project related to energy production, a certification by the Secretary of Defense that the project, as it will be specified in the contract solicitation or other lease offering, is consistent with the Department of Defense performance goals and plan required by section 2911 of this title . The Secretary concerned may not enter into the actual lease or license with respect to property for which the information required by paragraph (2) was submitted in a report under subsection (a)(3) unless the Secretary again complies with the notice-and-wait requirements of such subsection. The subsequent report shall include the following with regard to the proposed transaction: A cross reference to the prior report that contained the information submitted under paragraph (2) with respect to the transaction. A description of the differences between the information submitted under paragraph (2) and the information regarding the transaction being submitted in the subsequent report. A description of the payment to be required in connection with the lease, license, or easement, including a description of any in-kind consideration that will be accepted. A description of any community support facility or provision of community support services under the lease, license, or easement, regardless of whether the facility will be operated by a covered entity (as defined in section 2667(d) of this title ) or the lessee or the services will be provided by a covered entity or the lessee. A description of the competitive procedures used to select the lessee or, in the case of a lease involving the public benefit exception authorized by section 2667(h)(2) of this title , a description of the public benefit to be served by the lease.

(c) Excepted Projects.— This section does not apply to real property for water resource development projects of the Corps of Engineers, 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) 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.

(f) Exceptions for Transactions for War and Certain Emergency and Other Operations.— 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 the transaction is made as a result of any of the following: A declaration of war. A declaration of a national emergency by the President pursuant to the National Emergencies Act ( 50 U.S.C. 1601 et seq.). 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.). The use of the militia or the armed forces after a proclamation to disperse under section 254 of this title . A contingency operation. 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— an event listed in paragraph (1) is imminent; and the transaction is necessary for purposes of preparation for such event. 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), but for the operation of paragraph (1) or (2).

(g) Secretary Concerned Defined.— In this section, the term “Secretary concerned” includes, with respect to Defense Agencies, the Secretary of Defense.

§ 2663 Land acquisition authorities

(a) Acquisition of Land by Condemnation for Certain Military Purposes.— Subject to subsection (f), 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— the site, construction, or operation of fortifications, coast defenses, or military training camps; 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 the development and transmission of power for the operation of plants under subparagraph (B). In time of war or when war is imminent, the United States may, immediately upon the filing of a petition for condemnation under paragraph (1), take and use the land to the extent of the interest sought to be acquired.

(b) Acquisition by Purchase in Lieu of Condemnation.— 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.

(c) Acquisition of Low-Cost Interests in Land.— The Secretary of a military department may acquire any interest in land that— the Secretary determines is needed in the interest of national defense; and does not cost more than $4, 000, 000, e x c l u s i v eo f a d mini s t r a t i v ecos t s an d t h e am o u n t so f an y d e f i c i e n cy j u d g m e n t s . T h e S ecre t a ryo f ami l i t a ry d e p a r t m e n t ma y a c q u i re an y in t eres t in l an d t ha t — t h e S ecre t a ry d e t er min es i s n ee d e d so l e l y t ocorrec t a d e f i c i e n cy t ha t i s l i f e - t h re a t e nin g, h e a lt h - t h re a t e nin g, ors a f e t y - t h re a t e nin g; an dd oes n o t cos t m ore t han$ 1,500,000, exclusive of administrative costs and the amounts of any deficiency judgments. This subsection 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 $750, 000, in t h ec a seo f ana c q u i s i t i o n u n d er p a r a g r a p h (1), or$ 1,500,000, in the case of an acquisition under paragraph (2). Appropriations available to the Department of Defense for operation and maintenance or construction may be used for the acquisition of land or interests in land under this subsection.

(d) Acquisition of Interests in Land When Need Is Urgent.— The Secretary of a military department may acquire any interest in land in any case in which the Secretary determines that— the acquisition is needed in the interest of national defense; the acquisition is required to maintain the operational integrity of a military installation; and considerations of urgency do not permit the delay necessary to include the required acquisition in an annual Military Construction Authorization Act. Not later than 10 days after the date on which the Secretary of a military department determines to acquire an interest in land under the authority of this subsection, the Secretary shall submit, in an electronic medium pursuant to section 480 of this title , to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a notice containing a description of the property and interest to be acquired and the reasons for the acquisition. Appropriations available for military construction may be used for the purposes of this subsection.

(e) Survey Authority; Acquisition Methods.— Authority provided the Secretary of a military department by law to acquire an interest in real property (including a temporary interest) includes authority— to make surveys; and to acquire the interest in real property by gift, purchase, exchange of real property owned by the United States, or otherwise.

(f) Advance Notice of Use of Condemnation.— Before commencing any legal proceeding to acquire any interest in land under subsection (a), including acquisition for temporary use, by condemnation, eminent domain, or seizure, the Secretary of the military department concerned shall— pursue, to the maximum extent practicable, all other available options for the acquisition or use of the land, such as the purchase of an easement or the execution of a land exchange; and submit to the congressional defense committees a report containing— a description of the land to be acquired; a certification that negotiations with the owner or owners of the land occurred, and that the Secretary tendered consideration in an amount equal to the fair market value of the land, as determined by the Secretary; and an explanation of the other approaches considered for acquiring use of the land, the reasons for the acquisition of the land, and the reasons why alternative acquisition strategies are inadequate. The Secretary concerned may have proceedings brought in the name of the United States to acquire the land after the end of the 21-day period beginning on the date on which the report is received by the committees in an electronic medium pursuant to section 480 of this title .

(g) Exception to Advance Notice Requirement.— If the Secretary of a military department determines that the use of condemnation, eminent domain, or seizure to acquire an interest in land is required under subsection (a) to satisfy a requirement vital to national security, and that any delay would be detrimental to national security or the protection of health, safety, or the environment, the Secretary may have proceedings brought in the name of the United States to acquire the land in advance of submitting the report required by subsection (f)(1)(B). However, the Secretary shall submit the report not later than seven days after commencement of the legal proceedings with respect to the land.

(h) Land Acquisition Options in Advance of Military Construction Projects.— 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 the Secretary considers it suitable and likely to be needed for a military project of the military department under the jurisdiction of the Secretary. As consideration for an option acquired under paragraph (1), the Secretary may pay, from funds available to the military department under the jurisdiction of the Secretary for real property activities, an amount that is not more than 12 percent of the appraised fair market value of the property.

§ 2664 Limitations on real property acquisition

(a) Authorization for Acquisition Required.— 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 division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(b) Commissions on Land Purchase Contracts.— The maximum amount payable as a commission on a contract for the purchase of land from funds appropriated for the Department of Defense is two percent of the purchase price.

(c) Cost Limitations.— 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. Until subsection (d) is complied with, 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— the scope of the acquisition, as approved by Congress, is proposed to be reduced by more than 25 percent; or 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.

(d) Congressional Notification.— 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 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 congressional defense committees. A contract for the acquisition may then be awarded only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to section 480 of this title .

(e) Payment of Judgements and Settlements.— 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).

§ 2665 Sale of certain interests in land; logs

(a) The President, through an executive department, may sell to any person or foreign government any interest in land that is acquired 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) 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. 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. 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) 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— for improvements of forest lands; 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 for natural resources management that implements approved plans and agreements. 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— reimbursements of appropriations made under subsection (d), and payments made to States under subsection (e). The reserve account may not exceed $4, 000, 000 o n Dece mb er 31 o f an yc a l e n d a rye a r . U n o b l i g a t e d ba l an cese x cee d in g$ 4,000,000 on that date shall be deposited into the United States Treasury.

[§ 2666 Repealed. Pub. L. 108–375, div. B, title XXVIII, § 2821(a)(2), Oct. 28, 2004, 118 Stat. 2129]

§ 2667 Leases: non-excess property of military departments and Defense Agencies

(a) Lease Authority.— Whenever the Secretary concerned considers it advantageous to the United States, the Secretary concerned may lease to such lessee and upon such terms as the Secretary concerned considers will promote the national defense or to be in the public interest, real or personal property that— is under the control of the Secretary concerned; is not for the time needed for public use; and is not excess property, as defined by section 102 of title 40 .

(b) Conditions on Leases.— A lease under subsection (a)— 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; 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; 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; 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; 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; except as otherwise provided in subsection (d), shall require the lessee to provide the covered entities specified in paragraph (1) of that subsection the right to establish and operate a community support facility or provide community support services, or seek equitable compensation for morale, welfare, and recreation programs of the Department of Defense in lieu of the operation of such a facility or the provision of such services, if the Secretary determines that the lessee will provide merchandise or services in direct competition with covered entities through the lease; may not provide for a leaseback by the Secretary concerned with an annual payment in excess of $500,000, or otherwise commit the Secretary concerned or the Department of Defense to annual payments in excess of such amount; and shall provide that any facilities constructed on the property may be constructed using commercial standards in a manner that provides force protection safeguards appropriate to the activities conducted in, and the location of, such facilities.

(c) Types of In-Kind Consideration.— 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: Maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of property or facilities under the control of the Secretary concerned, whether or not needed for the functionality of the property or facility leased. Construction of new facilities for the Secretary concerned. Provision of facilities for use by the Secretary concerned. Provision or payment of utility services for the Secretary concerned, which shall prioritize energy resilience in the event of commercial grid outages. Provision of real property maintenance services for the Secretary concerned. Provision of such other services relating to activities that will occur on the leased property as the Secretary concerned considers appropriate, which may include industrial process optimization. Refurbishment of existing industrial plant equipment on the leased property. Removal and replacement of industrial plant equipment on the leased property that is at or near end-of-life. Provision of new industrial plant equipment on the leased property (including new technology), installation of such equipment, and maintenance of such equipment, but only if the title to such equipment passes to the Federal Government. 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. 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.

(d) Community Support Facilities and Community Support Services Under Lease; Waiver.— In this subsection and subsection (b)(6), the term “covered entity” means each of the following: The Army and Air Force Exchange Service. The Navy Exchange Service Command. The Marine Corps exchanges. The Defense Commissary Agency. The revenue-generating nonappropriated fund activities of the Department of Defense conducted for the morale, welfare, and recreation of members of the armed forces. The Secretary concerned may waive the requirement in subsection (b)(6) with respect to a lease if— the lease is entered into under subsection (g); or the Secretary determines that the waiver is in the best interests of the Government. The Secretary concerned shall submit, in an electronic medium pursuant to section 480 of this title , to the congressional defense committees a notice of each waiver under paragraph (2), including the reasons for the waiver. The covered entities shall exercise the right provided in subsection (b)(6) with respect to a lease, if at all, not later than 90 days after receiving notice from the Secretary concerned regarding the opportunity to exercise such right with respect to the lease. The Secretary may, at the discretion of the Secretary, extend the period under this paragraph for the exercise of the right with respect to a lease for such additional period as the Secretary considers appropriate. The Secretary of Defense shall prescribe in regulations uniform procedures and criteria for the evaluation of proposals for enhanced use leases involving the operation of community support facilities or the provision of community support services by either a lessee under this section or a covered entity.

(e) Deposit and Use of Proceeds.— The Secretary concerned shall deposit in a special account in the Treasury established for that Secretary the following: All money rentals received pursuant to leases entered into by that Secretary under this section. All proceeds received pursuant to the granting of easements by that Secretary under section 2668 of this title . All proceeds received by that Secretary from authorizing the temporary use of other property under the control of that Secretary. Subparagraph (A) does not apply to the following proceeds: Amounts paid for utilities and services furnished lessees by the Secretary concerned pursuant to leases entered into under this section. Money rentals referred to in paragraph (3), (4), or (5). Subject to subparagraphs (D) and (E), the proceeds deposited in the special account established for the Secretary concerned shall be available to the Secretary, in such amounts as provided in appropriation Acts, for the following: Maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of property or facilities. Construction or acquisition of new facilities. Lease of facilities. Payment of utility services. Real property maintenance services. Administrative expenses incurred by the Secretary concerned under this section and for easements under section 2668 of this title . At least 50 percent of the proceeds deposited in the special account established for the Secretary concerned shall be available for activities described in subparagraph (C) only at the military installation or Defense Agency location where the proceeds were derived. If the proceeds deposited in the special account established for the Secretary concerned are derived from activities associated with a military museum, the proceeds shall be available for activities described in subparagraph (C) only at that museum. 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. 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 concerned (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. Money rentals received by the United States from a lease under subsection (g) at a military installation approved for closure or realignment under a base closure law shall be deposited into the Department of Defense Base Closure 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).

(f) Treatment of Lessee Interest in Property.— 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.

(g) Special Rules for Base Closure and Realignment Property.— Notwithstanding subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 (to the extent those provisions are inconsistent with this subsection) or subsection (a)(2) of this section, 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 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. 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 public interest will be served as a result of the lease; and the fair market value of the lease is (i) unobtainable, or (ii) not compatible with such public benefit. 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. 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. 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. Subparagraphs (A) and (B) shall not apply to an interim lease under this subsection if authorized activities under the lease would— significantly affect the quality of the human environment; or irreversibly alter the environment in a way that would preclude any reasonable disposal alternative of the property concerned.

(h) Competitive Procedures for Selection of Certain Lessees; Exception.— If a proposed lease under subsection (a) involves only personal property, the lease term exceeds one year, or 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. Paragraph (1) does not apply if the Secretary concerned determines that— a public interest will be served as a result of the lease; and the use of competitive procedures for the selection of certain lessees is unobtainable or not compatible with the public benefit served under subparagraph (A). 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: 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. 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. 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. Paragraph (1) does not apply to a renewal, extension, or succeeding lease by the Secretary concerned with a financial institution selected in accordance with the Department of Defense Financial Management Regulation providing for the selection of financial institutions to operate on military installations if each of the following applies: The on-base financial institution was selected before the date of the enactment of this paragraph or competitive procedures are used for the selection of any new financial institutions. A current and binding operating agreement is in place between the installation commander and the selected on-base financial institution. The renewal, extension, or succeeding lease shall terminate upon the termination of the operating agreement described in subparagraph (A)(ii) associated with that lease.

(i) Definitions.— In this section: The term “administrative expenses” means only those expenses related to assessing, negotiating, executing, and managing lease and easement transactions. The term does not include any Government personnel costs. The term “community support facility” includes an ancillary supporting facility (as that term is defined in section 2871(1) of this title ). The term “community support services” includes revenue-generating food, recreational, lodging support services, and resale operations and other retail facilities and services intended to support a community. The term “military installation” has the meaning given such term in section 2687 of this title . The term “Secretary concerned” means— the Secretary of a military department, with respect to matters concerning that military department; and the Secretary of Defense, with respect to matters concerning the Defense Agencies.

(j) Exclusion of Certain Lands.— This section does not apply to oil, mineral, or phosphate lands.

(k) Leases for Education.— Notwithstanding subsection (b)(4), the Secretary concerned may accept consideration in an amount that is less than the fair market value of the lease, if the lease is to a local education agency or an elementary or secondary school (as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )).

[§ 2667a Repealed. Pub. L. 110–417, div. B, title XXVIII, § 2812(e)(1), Oct. 14, 2008, 122 Stat. 4727]

§ 2668 Easements for rights-of-way

(a) Authorized Types of Easements.— If the Secretary of a military department finds that it will not be against the public interest, the Secretary may grant, upon such terms as the Secretary 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 the Secretary’s control for— railroad tracks; gas, water, sewer, and oil pipe lines; substations for electric power transmission lines and pumping stations for gas, water, sewer, and oil pipe lines; canals; ditches; flumes; tunnels; dams and reservoirs in connection with fish and wildlife programs, fish hatcheries, and other improvements relating to fish-culture; roads and streets; poles and lines for the transmission or distribution of electric power; poles and lines for the transmission or distribution of communications signals (including telephone and telegraph signals); structures and facilities for the transmission, reception, and relay of such signals; and any other purpose that the Secretary considers advisable.

(b) Limitation on Size of Easement.— No easement granted under this section may include more land than is necessary for the easement.

(c) Termination.— The Secretary of the military department concerned may terminate all or part of any easement granted under this section for— failure to comply with the terms of the grant; nonuse for a two-year period; or abandonment.

(d) Notice to Department of the Interior.— Copies of instruments granting easements over public lands under this section shall be furnished to the Secretary of the Interior.

(e) Disposition of Consideration.— Subsections (c) and (e) of section 2667 of this title shall apply with respect to in-kind consideration and proceeds received by the Secretary of a military department in connection with an easement granted under this section in the same manner as such subsections apply to in-kind consideration and money rentals received pursuant to leases entered into by that Secretary under such section.

§ 2668a Easements: granting restrictive easements in connection with land conveyances

(a) Authority to Include Restrictive Easement.— In connection with the conveyance of real property by the Secretary concerned under any provision of law, the Secretary concerned may grant an easement to an entity specified in subsection (b) restricting future uses of the conveyed real property for a conservation purpose consistent with section 170(h)(4)(A)(iv) of the Internal Revenue Code of 1986 ( 26 U.S.C. 170(h)(4)(A)(iv) ).

(b) Authorized Recipients.— An easement under subsection (a) may be granted only to— a State or local government; or a qualified organization, as that term is defined in section 170(h) of the Internal Revenue Code of 1986 ( 26 U.S.C. 170(h) ).

(c) Limitations on Use of Easement Authority.— An easement under subsection (a) may not be granted unless— the proposed recipient of the easement consents to the receipt of the easement; the Secretary concerned determines that the easement is in the public interest and the conservation purpose to be promoted by the easement cannot be effectively achieved through the application of State law by the State or a local government without the grant of restrictive easements; the jurisdiction that encompasses the property to be subject to the easement authorizes the grant of restrictive easements; and the Secretary can give or assign to a third party the responsibility for monitoring and enforcing easements granted under this section.

(d) Consideration.— Easements granted under this section shall be without consideration from the recipient.

(e) Acreage Limitation.— No easement granted under this section may include more land than is necessary for the easement.

(f) Terms and Conditions.— The grant of an easement under this section shall be subject to such additional terms and conditions as the Secretary concerned considers appropriate to protect the interests of the United States.

§ 2669 Transfer of land and facilities to support contracts with federally funded research and development centers

(a) Lease of Land, Facilities, and Improvements.— The Secretary of a military department may lease, for no consideration, land, facilities, infrastructure, and improvements to a covered FFRDC if the lease is to further the purposes of a contract between the Department of Defense and the covered FFRDC. A lease entered into under paragraph (1) shall terminate on the earlier of the following dates: The date that is 50 years after the date on which the Secretary enters into the lease. The date of the termination or non-renewal of the contract between the Department of Defense and the covered FFRDC related to the lease.

(b) Conveyance of Facilities and Improvements.— The Secretary of a military department may convey, for no consideration, ownership of facilities and improvements located on land leased to a covered FFRDC to further the purposes of a contract between the Department of Defense and the covered FFRDC. The ownership of any facilities and improvements conveyed by the Secretary of a military department or any improvements made to the leased land by the covered FFRDC under this subsection shall, as determined by the Secretary of a military department, revert or transfer to the United States upon the termination or non-renewal of the underlying land lease. Any facilities and improvements conveyed by the Secretary of a military department shall be demolished by the covered FFDRC as determined by such Secretary.

(c) Construction Standards.— A lease entered into under this section may provide that any facilities constructed on the leased land may be constructed using commercial standards in a manner that provides force protection safeguards appropriate to the activities conducted in, and the location of, such facilities.

(d) Inapplicability of Certain Property Management Laws.— The conveyance or lease of property or facilities, improvements, and infrastructure under this section shall not be subject to the following provisions of law: Section 2667 of this title . Section 1302 of title 40 . Section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ). Sections 2662 and 2802 of this title shall not apply to any improvements or facilities constructed by the covered FFRDC on land leased or conveyed to a covered FFRDC described in subsection (a) or (b).

(e) Competitive Procedures for Selection of Certain Lessees; Exception.— If a proposed lease under this section is with respect to a covered FFRDC, the use of competitive procedures for the selection of the lessee is not required and the provisions of chapter 33 of title 41, United States Code, or chapter 221 of title 10, United States Code, and the related provisions of the Federal Acquisition Regulation shall not apply.

(f) Covered FFRDC Defined.— In this section, the term “covered FFRDC” means a federally funded research and development center that is sponsored by, and has entered into a contract with, the Department of Defense.

§ 2670 Use of facilities by private organizations; use as polling places

(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— erect and maintain, on any military installation under his jurisdiction, buildings for the storage of supplies; or 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.— 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. A Department of Defense facility is a qualifying facility for purposes of this subsection if as of December 31, 2000 — the facility is designated as an official polling place by a State or local election official; or the facility has been used as such an official polling place since January 1, 1996 . 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.

(c) Use of Space and Equipment by Veterans Service Organizations.— 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 the Secretary concerned that are on land and from which persons are discharged or released from active duty. The commanding officer of a military installation allowing representatives to function on the installation under paragraph (1) shall allow the representatives to use available space and equipment at the installation. This subsection does not authorize the violation of measures of military security.

§ 2671 Military reservations and facilities: hunting, fishing, and trapping

(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— require that all hunting, fishing, and trapping at that installation or facility be in accordance with the fish and game laws of the State in which it is located; 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 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, 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; and develop, subject to safety requirements and military security, and in cooperation with the Governor (or his designee) of the State in which the installation or facility is located, procedures under which designated fish and game or conservation officials of that State 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.— The Secretary of Defense may waive or otherwise modify the fish and game laws of a State 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 to obtain such a license. If the Secretary determines that a waiver of fish and game laws of a State is appropriate under paragraph (1), the Secretary shall provide written notification to the appropriate State 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 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.

§ 2672 Protection of buildings, grounds, property, and persons

(a) Secretary of Defense Responsibility.— The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property.

(b) Designation of Officers and Agents.— The Secretary of Defense may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property. A designation under paragraph (1) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary determines appropriate. In making a designation under paragraph (1) with respect to any category of personnel, the Secretary shall specify each of the following: The personnel or positions to be included in the category. The authorities provided for in subsection (c) that may be exercised by personnel in that category. In the case of civilian personnel in that category— the authorities provided for in subsection (c), if any, that are authorized to be exercised outside the property specified in subsection (a); and with respect to the exercise of any such authorities outside the property specified in subsection (a), the circumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance. The Secretary may make a designation under paragraph (1) only if the Secretary determines, with respect to the category of personnel to be covered by that designation, that— the exercise of each specific authority provided for in subsection (c) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authorities; and the necessary and proper training for the authorities to be exercised is available to the personnel in that category.

(c) Authorized Activities.— Subject to subsection (i) and to the extent specifically authorized by the Secretary of Defense, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under subsection (b) may— enforce Federal laws and regulations for the protection of persons and property; carry firearms; make arrests— without a warrant for any offense against the United States committed in the presence of the officer or agent; or for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; serve warrants and subpoenas issued under the authority of the United States; and conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the Department of Defense or persons on such property.

(d) Regulations.— The Secretary of Defense may prescribe regulations, including traffic regulations, necessary for the protection and administration of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply. A person violating a regulation prescribed under this subsection shall be fined under title 18, imprisoned for not more than 30 days, or both.

(e) Limitation on Delegation of Authority.— The authority of the Secretary of Defense under subsections (b), (c), and (d) may be exercised only by the Secretary or the Deputy Secretary of Defense.

(f) Disposition of Persons Arrested.— A person who is arrested pursuant to authority exercised under subsection (b) may not be held in a military confinement facility, other than in the case of a person who is subject to chapter 47 of this title (the Uniform Code of Military Justice).

(g) Facilities and Services of Other Agencies.— In implementing this section, when the Secretary of Defense determines it to be economical and in the public interest, the Secretary may utilize the facilities and services of Federal, State, Indian tribal, and local law enforcement agencies, with the consent of those agencies, and may reimburse those agencies for the use of their facilities and services. Such services of State, Indian tribal, and local law enforcement, including application of their powers of law enforcement, may be provided notwithstanding that the property is subject to the legislative jurisdiction of the United States.

(h) Authority Outside Federal Property.— For the protection of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property, the Secretary of Defense may enter into agreements with Federal agencies and with State, Indian tribal, and local governments to obtain authority for civilian officers and agents designated under this section to enforce Federal laws and State, Indian tribal, and local laws concurrently with other Federal law enforcement officers and with State, Indian tribal, and local law enforcement officers.

(i) Attorney General Approval.— The powers granted pursuant to subsection (c) to officers and agents designated under subsection (b) shall be exercised in accordance with guidelines approved by the Attorney General. Such guidelines may include specification of the geographical extent of property outside of the property specified in subsection (a) within which those powers may be exercised.

(j) Limitation With Regard to Other Federal Agencies.— Nothing in this section shall be construed as affecting the authority of the Secretary of Homeland Security to provide for the protection of facilities (including the buildings, grounds, and properties of the General Services Administration) that are under the jurisdiction, custody, or control, in whole or in part, of a Federal agency other than the Department of Defense and that are located off of a military installation.

(k) Cooperation With Local Law Enforcement Agencies.— Before authorizing civilian officers and agents to perform duty in areas outside the property specified in subsection (a), the Secretary of Defense shall consult with, and is encouraged to enter into agreements with, local law enforcement agencies exercising jurisdiction over such areas for the purposes of avoiding conflicts of jurisdiction, promoting notification of planned law enforcement actions, and otherwise facilitating productive working relationships.

(l) Limitation on Statutory Construction.— Nothing in this section shall be construed— to preclude or limit the authority of any Federal law enforcement agency; to restrict the authority of the Secretary of Homeland Security under the Homeland Security Act of 2002 or of the Administrator of General Services, including the authority to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively; to expand or limit section 21 of the Internal Security Act of 1950 ( 50 U.S.C. 797 ); to affect chapter 47 of this title; to restrict any other authority of the Secretary of Defense or the Secretary of a military department; or to restrict the authority of the Director of the National Security Agency under section 11 of the National Security Agency Act of 1959 ( 50 U.S.C. 3609 ).

[§ 2672a Repealed. Pub. L. 109–163, div. B, title XXVIII, § 2821(f), Jan. 6, 2006, 119 Stat. 3513]

[§ 2673 Repealed. Pub. L. 108–375, div. B, title XXVIII, § 2821(d)(2), Oct. 28, 2004, 118 Stat. 2130]

§ 2674 Operation and control of Pentagon Reservation and defense facilities in National Capital Region

(a) Pentagon Reservation.— The Secretary of Defense has jurisdiction, custody, and control over, and responsibility for, the operation, maintenance, and management of the Pentagon Reservation.

(b) Law Enforcement Authorities and Personnel.— The Secretary shall protect the buildings, grounds, and property located in the National Capital Region that are occupied by, or under the jurisdiction, custody, or control of, the Department of Defense, and the persons on that property. The Secretary may designate military or civilian personnel to perform law enforcement functions and military, civilian, or contract personnel to perform security functions for such buildings, grounds, property, and persons, including, with regard to civilian personnel designated under this section, duty in areas outside the property referred to in paragraph (1) to the extent necessary to protect that property and persons on that property. Subject to the authorization of the Secretary, any such military or civilian personnel so designated may exercise the authorities listed in paragraphs (1) through (5) of section 2672(c) of this title . The powers granted under paragraph (2) to military and civilian personnel designated under that paragraph shall be exercised in accordance with guidelines prescribed by the Secretary and approved by the Attorney General. Nothing in this subsection shall be construed to— preclude or limit the authority of any Defense Criminal Investigative Organization or any other Federal law enforcement agency; restrict the authority of the Secretary of Homeland Security under the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq.) or the authority of the Administrator of General Services, including the authority to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively; expand or limit section 21 of the Internal Security Act of 1950 ( 50 U.S.C. 797 ); affect chapter 47 of this title (the Uniform Code of Military Justice); restrict any other authority of the Secretary of Defense or the Secretary of a military department; or restrict the authority of the Director of the National Security Agency under section 11 of the National Security Agency Act of 1959 ( 50 U.S.C. 3609 ). 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, whichever is greater.

(c) Regulations and Enforcement.— 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. 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. Any person who willfully violates any rule or regulation prescribed pursuant to this subsection commits a Class B misdemeanor.

(d) Authority To Charge for Provision of Certain Services and Facilities.— 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) Pentagon Reservation Maintenance Revolving Fund.— 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). Subject to paragraphs (3) and (4), 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. If the cost of a construction or alteration activity proposed to be financed in whole or in part using monies from the Fund will exceed the limitation specified in section 2805 of this title for a comparable unspecified minor military construction project, the activity shall be subject to authorization as provided by section 2802 of this title before monies from the Fund are obligated for the activity. Except as provided in subparagraph (B), the authority of the Secretary to use monies from the Fund to support construction or alteration activities at the Pentagon Reservation expires on September 30, 2012 . Notwithstanding the date specified in subparagraph (A), the Secretary may use monies from the Fund after that date to support construction or alteration activities at the Pentagon Reservation within the limits specified in section 2805 of this title .

(f) Definitions.— In this section: The term “Pentagon Reservation” means the Pentagon, the Mark Center Campus, and the Raven Rock Mountain Complex. 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. The term “Pentagon” means that area of land (consisting of approximately 227 acres) and improvements thereon, including parking areas, located in Arlington County, Virginia, containing the Pentagon Office Building and its supporting facilities. The term “Mark Center Campus” means that area of land (consisting of approximately 16 acres) and improvements thereon, including parking areas, located in Alexandria, Virginia, and known on the day before the date of the enactment of this paragraph as the Fort Belvoir Mark Center Campus. The term “Raven Rock Mountain Complex” means that area of land (consisting of approximately 720 acres) and improvements thereon, including parking areas, at the Raven Rock Mountain Complex and its supporting facilities located in Maryland and Pennsylvania.

§ 2675 Leases: foreign countries

(a) Lease Authority; Duration.— 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 10 years, or 15 years in the case of a lease in Korea, and the rental for each yearly period may be paid from funds appropriated to that military department for that year.

(b) Availability of Funds.— Appropriations available to the Department of Defense for operation and maintenance or construction may be used for the acquisition of interests in land under this section.

[§ 2676 Renumbered § 2664]

[§ 2677 Repealed. Pub. L. 110–181, div. B, title XXVIII, § 2822(b)(1), Jan. 28, 2008, 122 Stat. 544]

§ 2678 Feral horses and burros: removal from military installations

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. (Added Pub. L. 101–510, div. A, title XIV, § 1481(h)(1) , Nov. 5, 1990 , 104 Stat. 1708 .)

§ 2679 Installation-support services: intergovernmental support agreements

(a) In General.— Notwithstanding any other provision of law governing the award of Federal Government contracts for goods and services, the Secretary concerned may enter into an intergovernmental support agreement, on a sole source basis, with a State, local, or tribal government to provide, receive, or share installation-support services if the Secretary determines that the agreement will serve the best interests of the department by enhancing mission effectiveness or creating efficiencies or economies of scale, including by reducing costs. An intergovernmental support agreement under paragraph (1)— may be for a term not to exceed ten years; and may use, for installation-support services provided by a State, local, or tribal government, wage grades normally paid by that State, local, or tribal government. An intergovernmental support agreement under paragraph (1) may only be used when the Secretary concerned or the State, local, or tribal government, as the case may be, providing the installation-support services already provides such services for its own use. Any contract for the provision of installation-support services awarded by the Federal Government or a State, local, or tribal government pursuant to an intergovernmental support agreement provided in subsection (a) shall be awarded on a competitive basis.

(b) Effect on First Responder Arrangements.— The authority provided by this section and limitations on the use of that authority are not intended to revoke, preclude, or otherwise interfere with existing or proposed mutual-aid agreements relating to police or fire protection services or other similar first responder agreements or arrangements.

(c) Availability of Funds.— Funds available to the Secretary concerned for operation and maintenance may be used to pay for such installation-support services. The costs of agreements under this section for any fiscal year may be paid using annual appropriations made available for that year. Funds received by the Secretary as reimbursement for providing installation-support services pursuant to such an agreement shall be credited to the appropriation or account charged with providing installation support.

(d) Effect on OMB Circular A-76.— The Secretary concerned shall ensure that intergovernmental support agreements authorized by this section are not used to circumvent the requirements of Office of Management and Budget Circular A-76 regarding public-private competitions.

(e) Pilot Program for Use of Cost Savings Realized.— Each Secretary concerned shall conduct a pilot program under which the Secretary will make available to the commander of each military installation for which cost savings are realized as a result of an intergovernmental support agreement entered into under this section an amount equal to not less than 25 percent of the amount of such cost savings for that military installation for a fiscal year. Amounts made available to an installation commander under paragraph (1) shall be used solely to address sustainment restoration and modernization requirements that have been approved by the major subordinate command or equivalent component. With respect to each military installation for which amounts are made available to the installation commander under paragraph (1), the Secretary concerned shall certify, not less frequently than annually for each fiscal year of the pilot program, to the congressional defense committees the following: The name of the installation and the amount of the cost savings achieved at the installation. The source and type of intergovernmental support agreement that achieved the cost savings. The amount of the cost savings made available to the installation commander under paragraph (1). The sustainment restoration and modernization purposes for which the amount made available under paragraph (1) were used. The authority to conduct the pilot program shall expire September 30, 2030 .

(f) Definitions.— In this section: The term “installation-support services” means those services, supplies, resources, and support typically provided by a local government for its own needs and without regard to whether such services, supplies, resources, and support are provided to its residents generally, except that the term does not include security guard or fire-fighting functions. The term does include ordnance disposal. The term “local government” includes a county, parish, municipality, city, town, township, local public authority, school district, special district, and any agency or instrumentality of a local government. The term “State” includes the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, the State of Yap of the Federated States of Micronesia, and the Republic of Palau, and any agency or instrumentality of a State. The term “intergovernmental support agreement” means a legal instrument reflecting a relationship between the Secretary concerned and a State, local, or tribal government that contains such terms and conditions as the Secretary concerned considers appropriate for the purposes of this section and necessary to protect the interests of the United States.

§ 2680 Minimum capital investment for facilities sustainment, restoration, and modernization for military departments

(a) Minimum Investment.— Beginning in fiscal year 2027, and each fiscal year thereafter, each Secretary of a military department shall— calculate (in accordance with subsection (b)) the cumulative plant replacement value of the total inventory of covered facilities on each military installation under the jurisdiction of the Secretary concerned; and invest in the budget for facilities sustainment, restoration, and modernization of that military department, a total amount equal to not less than the percentage specified in subsection (c) of the cumulative plant replacement value described in paragraph (1).

(b) Exclusion.— In making any calculation pursuant to paragraph (1) of subsection (a), each Secretary of a military department shall exclude any covered facility under the jurisdiction of such Secretary that is scheduled for demolition during the two-year period beginning after the date of such calculation.

(c) Percentage Specified.— The percentage of the specified in this subsection is— for fiscal year 2027, 1.75 percent; for fiscal year 2028, 2.5 percent; for fiscal year 2029, 3.25 percent; and for fiscal year 2030 and each subsequent fiscal year, 4 percent.

(d) Certification.— As part of the annual budget submission of the President under section 1105(a) of title 31 , each Secretary of each military department shall include— a certification to the congressional defense committees that the military department is in compliance with this section; and a list of covered facilities under the jurisdiction of that Secretary, disaggregated by military installation and location, that are scheduled for demolition during the two-year period beginning after the date of the submission of such budget, which shall include cost and schedule estimates.

(e) Definitions.— In this section: The term “covered facility” means a facility (as defined in section 2801 of this title ), except that such term does not include— a facility identified as closed, disposed of, or scheduled for divestment from the inventory of the Department of Defense; a facility in which the Department does not have a total ownership interest, including— a facility leased by the Department; and a facility in which the Department has a lesser property interest under a governing legal instrument; or a facility for which the Department uses— nonappropriated funds; or amounts appropriated or otherwise made available for military family housing. The term “plant replacement value” means, with respect to a covered facility, the cost to replace the covered facility using amounts appropriated for facilities sustainment, restoration, and modernization from the following accounts: Operation and maintenance. Military construction. Research, development, test, and evaluation. Working capital funds.

§ 2681 Renumbered § 4175]

§ 2682 Facilities for defense agencies

(a) Maintenance and Repair.— Subject to subsection (c), 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.

(b) Jurisdiction.— Subject to subsection (c), 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.

(c) Facilities for Intelligence Collection or for Special Operations Abroad.— The Secretary of Defense may waive the requirements of subsections (a) and (b) if necessary to provide security for authorized intelligence collection or special operations activities abroad undertaken by the Department of Defense. Not later than 48 hours after using the waiver authority under paragraph (1) for any facility for intelligence collection conducted under the authorities of the Department of Defense or special operations activity, the Secretary of Defense shall submit, in an electronic medium pursuant to section 480 of this title , to the appropriate congressional committees a notice of the use of the authority, including the justification for the waiver and the estimated cost of the project for which the waiver applies. In this subsection, the term “appropriate congressional committees” means the following: With respect to a waiver regarding special operations activities, the congressional defense committees. With respect to a waiver regarding intelligence collection conducted under the authorities of the Department of Defense— the congressional defense committees; and the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. The waiver authority provided by paragraph (1) expires December 31, 2020 .

§ 2683 Relinquishment of legislative jurisdiction; minimum drinking age on military installations

(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) 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. In the case of a military installation located— in more than one State; or 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. In subparagraph (A), the term “lowest applicable age” means the lowest minimum drinking age established by the law— of a State in which a military installation is located; or of a State or jurisdiction of Mexico or Canada that is within 50 miles of such military installation. 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. The Secretary of Defense shall define by regulations what constitute special circumstances for the purposes of this paragraph. In this subsection: The term “State” includes the District of Columbia. The term “minimum drinking age” means the minimum age or ages established for persons who may purchase, possess, or consume alcoholic beverages.

§ 2684 Cooperative agreements for management of cultural resources

(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 located on a site authorized by subsection (b) 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) Authorized Cultural Resources Sites.— To be covered by a cooperative agreement under subsection (a), cultural resources must be located— on a military installation; or on a site outside of a military installation, but only if the cooperative agreement will directly relieve or eliminate current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on a military installation.

(c) Application of Other Laws.— Section 1535 and chapter 63 of title 31 shall not apply to a cooperative agreement entered into under this section.

(d) Cultural Resource Defined.— In this section, the term “cultural resource” means any of the following: A building, structure, site, district, or object eligible for or included in the National Register of Historic Places maintained under section 302101 of title 54 . 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) ). 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) ). An archaeological artifact collection and associated records covered by section 79 of title 36 , Code of Federal Regulations. An Indian sacred site, as defined in section 1(b)(iii) of Executive Order No. 13007.

§ 2684a Agreements to limit encroachments and other constraints on military training, testing, and operations

(a) Agreements Authorized.— The Secretary of Defense or the Secretary of a military department may enter into an agreement with an eligible entity or entities described in subsection (b) to address the use or development of real property in the vicinity of, or ecologically related to, a military installation, as well as a State-owned National Guard installation, or military airspace for purposes of— limiting any development or use of the property that would be incompatible with the mission of the installation; preserving habitat on the property in a manner that— is compatible with environmental requirements; and 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; maintaining or improving military installation resilience; or protecting Clear Zone Areas from use or encroachment that is incompatible with the mission of the installation.

(b) Eligible Entities.— For purposes of this section, an eligible entity is any of the following: A State or political subdivision of a State. 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) Authority to Coordinate.— In entering into an agreement under subsection (a) or undertaking a project under such agreement, the Secretary of Defense or the Secretary of a military department, as the case may be, may coordinate with any other covered official with an interest in the activities proposed to be undertaken under such agreement. In this subsection, the term “covered official” means a Secretary concerned, the Director of the Army National Guard, or the Director of the Air National Guard.

(d) Inapplicability of Certain Contract Requirements.— Notwithstanding chapter 63 of title 31, an agreement under this section that is a cooperative agreement or a grant may be used to acquire property or services for the direct benefit or use of the United States Government.

(e) Acquisition and Acceptance of Property and Interests.— An agreement with an eligible entity or entities under this section shall provide for— the acquisition by an eligible entity or entities of all right, title, and interest in and to any real property, or any lesser interest in the property, as may be appropriate for purposes of this section; and the sharing by the United States and an eligible entity or entities of the acquisition costs in accordance with paragraph (3). Property or interests may not be acquired pursuant to the agreement unless the owner of the property or interests consents to the acquisition. An agreement with an eligible entity under this section may provide for the management of natural resources on, and the monitoring and enforcement of any right, title, real property in which the Secretary concerned acquires any right, title, or interest in accordance with this subsection and for the payment by the United States of all or a portion of the costs of such natural resource management and monitoring and enforcement if the Secretary concerned determines that there is a demonstrated need to preserve or restore habitat for the purpose described in subsection (a)(2). Any such payment by the United States— may be paid in a lump sum and include an amount intended to cover the future costs of natural resource management and monitoring and enforcement; and may be placed by the eligible entity in an interest-bearing account, and any interest shall be applied for the same purposes as the principal. The Secretary concerned shall determine the appropriate portion of the acquisition costs to be borne by the United States in the sharing of acquisition costs of real property, or an interest in real property, under paragraph (1)(B). In lieu of or in addition to making a monetary contribution toward the cost of acquiring a parcel of real property, or an interest therein, pursuant to an agreement under this section, the Secretary concerned may convey, using the authority provided by section 2869 of this title , real property described in paragraph (2) of subsection (a) of such section, subject to the limitation in paragraph (3) of such subsection. The portion of acquisition costs borne by the United States under subparagraph (A), either through the contribution of funds or excess real property, or both, may not exceed an amount equal to, at the discretion of the Secretary concerned— the fair market value of any property or interest in property to be transferred to the United States upon the request of the Secretary concerned under paragraph (5); or the cumulative fair market value of all properties or interests to be transferred to the United States under paragraph (5) pursuant to an agreement under subsection (a). The portion of acquisition costs borne by the United States under subparagraph (A) may exceed the amount determined under subparagraph (C), but only if— the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title , a notice to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives containing— a certification by the Secretary that the military value to the United States of the property or interest to be acquired justifies a payment in excess of the fair market value of the property or interest; and a description of the military value to be obtained; and the contribution toward the acquisition costs of the property or interest is not made until at least 10 days after the date on which the notice is submitted under clause (i). The contribution of an entity or entities to the acquisition costs of real property, or an interest in real property, under paragraph (1)(B) may include, with the approval of the Secretary concerned, the following or any combination of the following: The provision of funds, including funds received by such entity or entities from a Federal agency outside the Department of Defense or a State or local government in connection with a Federal, State, or local program. The provision of in-kind services, including services related to the acquisition or maintenance of such real property or interest in real property. The exchange or donation of real property or any interest in real property. The agreement shall require the entity or entities to transfer to the United States, upon the request of the Secretary concerned, all or a portion of the property or interest acquired under the agreement or a lesser interest therein. No such requirement need be included in the agreement if the property or interest is being transferred to a State or another Federal agency, or the agreement requires it to be subsequently transferred to a State or another Federal agency, and the Secretary concerned determines that the laws and regulations applicable to the future use of such property or interest provide adequate assurance that the property concerned will be developed and used in a manner appropriate for purposes of this section. The Secretary shall limit such transfer request to the minimum property or interests necessary to ensure that the property concerned is developed and used in a manner appropriate for purposes of this section. Notwithstanding subparagraph (A), if all or a portion of the property or interest acquired under the agreement is initially or subsequently transferred to a State or another Federal agency, before that State or other Federal agency may declare the property or interest in excess to its needs or propose to exchange the property or interest, the State or other Federal agency shall give the Secretary concerned reasonable advance notice of its intent. If the Secretary concerned determines it necessary to preserve the purposes of this section, the Secretary concerned may request that administrative jurisdiction over the property be transferred to the Secretary concerned at no cost, and, upon such a request being made, the administrative jurisdiction over the property shall be transferred accordingly. If the Secretary concerned does not make such a request within a reasonable time period, all such rights of the Secretary concerned to request transfer of the property or interest shall remain available to the Secretary concerned with respect to future transfers or exchanges of the property or interest and shall bind all subsequent transferees. 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. 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.

(f) 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.

(g) 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.

(h) Annual Reports.— Not later than March 1 each year, the Secretary of Defense shall, in coordination with the Secretaries of the military departments and the Director of the Department of Defense Test Resource Management Center, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the projects undertaken under agreements under this section. Each report under paragraph (1) shall include the following: A description of the status of the projects undertaken under agreements under this section. An assessment of the effectiveness of such projects, and other actions taken pursuant to this section, as part of a long-term strategy to ensure the sustainability of military test and training ranges, military installations, and associated airspace. An evaluation of the methodology and criteria used to select, and to establish priorities, for projects undertaken under agreements under this section. A description of any sharing of costs by the United States and eligible entities under subsection (e) during the preceding year, including a description of each agreement under this section providing for the sharing of such costs and a statement of the eligible entity or entities with which the United States is sharing such costs. Information concerning the activities undertaken pursuant to the Sentinel Landscapes Partnership under section 2693 of this title . Such recommendations as the Secretary of Defense considers appropriate for legislative or administrative action in order to improve the efficiency and effectiveness of actions taken pursuant to agreements under this section.

(i) Interagency Cooperation in Conservation and Resilience Programs to Avoid or Reduce Adverse Impacts on Military Installation Resilience and Military Readiness Activities.— In order to facilitate interagency cooperation and enhance the effectiveness of actions that will protect the environment, military installation resilience, and military readiness, the recipient of funds provided pursuant to an agreement under this section or under the Sikes Act ( 16 U.S.C. 670 et seq.) may, with regard to the lands and waters within the scope of the agreement, use such funds to satisfy any matching funds or cost-sharing requirement of any conservation or resilience program of any Federal agency notwithstanding any limitation of such program on the source of matching or cost-sharing funds.

(j) Funding.— Except as provided in paragraph (2), funds authorized to be appropriated for operation and maintenance of the Army, Navy, Marine Corps, Air Force, Space Force, or Defense-wide activities may be used to enter into agreements under this section. 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, Space 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. Funds obligated to carry out an agreement under this section shall be available for use with regard to any property in the geographic scope specified in the agreement— at the time the funds are obligated; and in any subsequent modification to the agreement.

(k) Definitions.— In this section: The term “Secretary concerned” means the Secretary of Defense or the Secretary of a military department. 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. The term “Clear Zone Area” means an area immediately beyond the end of the runway of an airfield that is needed to ensure the safe and unrestricted passage of aircraft in and over the area.

§ 2685 Adjustment of or surcharge on selling prices in commissary stores to provide funds for construction and improvement of commissary store facilities

(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.— The Secretary of Defense may use the proceeds from the adjustments or surcharges authorized by subsection (a) only— 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 to cover environmental evaluation and construction costs related to activities described in paragraph (1), including costs for surveys, administration, overhead, planning, and design. 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.— 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. 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): Sale of recyclable materials. Sale of excess and surplus property. License fees. Royalties. Fees paid by sources of products in order to obtain favorable display of the products for resale, known as business related management fees.

§ 2686 Utilities and services: sale; expansion and extension of systems and facilities

(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, Space Force, 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: Electric power. Steam. Compressed air. Water. Sewage and garbage disposal. Natural, manufactured, or mixed gas. Ice. Mechanical refrigeration. 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).

§ 2687 Base closures and realignments

(a) Notwithstanding any other provision of law, no action may be taken to effect or implement— the closure, including a mothball action, divestiture, deactivation, or any other action to render inoperable, of any military installation at which at least 300 civilian personnel are authorized to be employed; 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 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— 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 the criteria used to consider and recommend military installations for such closure or realignment, which shall include at a minimum consideration of— the ability of the infrastructure (including transportation infrastructure) of both the existing and receiving communities to support forces, missions, and personnel as a result of such closure or realignment; and the costs associated with community transportation infrastructure improvements as part of the evaluation of cost savings or return on investment of such closure or realignment; and 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) No action described in subsection (a) with respect to the closure of, or realignment with respect to, any military installation referred to in such subsection may be taken within five years after the date on which a decision is made to reduce the civilian personnel thresholds below the levels prescribed in such subsection.

(d) 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.

(e) 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. Nothing in this section restricts the authority of the Secretary to obtain architectural and engineering services under section 2807 of this title .

(f) If the Secretary of Defense or the Secretary of the military department concerned determines, pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), that a significant transportation impact will occur as a result of an action described in subsection (a), the action may not be taken unless and until the Secretary of Defense or the Secretary of the military department concerned— analyzes the adequacy of transportation infrastructure at and in the vicinity of each military installation that would be impacted by the action; concludes consultation with the Secretary of Transportation with regard to such impact; analyzes the impact of the action on local businesses, neighborhoods, and local governments; and includes in the notification required by subsection (b)(1) a description of how the Secretary intends to remediate the significant transportation impact.

(g) In this section: 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, the Commonwealth of the Northern Mariana Islands, or Guam. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. The term “civilian personnel” means direct-hire, permanent civilian employees of the Department of Defense. 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. The term “legislative day” means a day on which either House of Congress is in session. The term “mothball action” means placing a military installation in inactive status while maintaining such installation in a condition such that it could be reactivated at a future date.

“SEC. 2702 ADDITIONAL AUTHORITY TO REALIGN OR CLOSE CERTAIN MILITARY INSTALLATIONS.

(“(a) Authorization.— Notwithstanding sections 993 or 2687 of title 10, United States Code, and subject to subsection (d), the Secretary of Defense may take such actions as may be necessary to carry out the realignment or closure of a military installation in a State during a fiscal year if— the military installation is the subject of a notice which is described in subsection (b); and the Secretary includes the military installation in the report submitted under paragraph (2) of subsection (c) with respect to the fiscal year.

(“(b) Notice From Governor of State.— A notice described in this subsection is a notice received by the Secretary of Defense from the Governor of a State (or, in the case of the District of Columbia, the Mayor of the District of Columbia) in which the Governor recommends that the Secretary carry out the realignment or closure of a military installation located in the State, and which includes each of the following elements: A specific description of the military installation, or a specific description of the relevant real and personal property. Statements of support for the realignment or closure from units of local government in which the installation is located. A detailed plan for the reuse or redevelopment of the real and personal property of the installation, together with a description of the local redevelopment authority which will be responsible for the implementation of the plan.

(“(c) Response to Notice.— Not later than 1 year after receiving a notice from the Governor of a State (or, in the case of the District of Columbia, from the Mayor of the District of Columbia), the Secretary of Defense shall submit a response to the notice to the Governor and the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] indicating whether or not the Secretary accepts the recommendation for the realignment or closure of a military installation which is the subject of the notice. If the Secretary of Defense determines that it is in the interests of the United States to accept the recommendation for the realignment or closure of a military installation which is the subject of a notice received under subsection (b) and intends to carry out the realignment or closure of the installation pursuant to the authority of this section during a fiscal year, at the time the budget is submitted under section 1105(a) of title 31 , United States Code, for the fiscal year, the Secretary shall submit a report to the congressional defense committees which includes the following: The identification of each military installation for which the Secretary intends to carry out a realignment or closure pursuant to the authority of this section during the fiscal year, together with the reasons the Secretary of Defense believes that it is in the interest of the United States to accept the recommendation of the Governor of the State involved for the realignment or closure of the installation. For each military installation identified under subparagraph (A), a master plan describing the required scope of work, cost, and timing for all facility actions needed to carry out the realignment or closure, including the construction of new facilities and the repair or renovation of existing facilities. For each military installation identified under subparagraph (A), a certification that, not later than the end of the fifth fiscal year after the completion of the realignment or closure, the savings resulting from the realignment or closure will exceed the costs of carrying out the realignment or closure, together with an estimate of the annual recurring savings that would be achieved by the realignment or closure of the installation and the timeframe required for the financial savings to exceed the costs of carrying out the realignment or closure.

(“(d) Limitations.— The Secretary may not initiate the realignment or closure of a military installation pursuant to the authority of this section until the expiration of the 90-day period beginning on the date the Secretary submits the report under paragraph (2) of subsection (c). Subject to appropriations, the aggregate cost to the government in carrying out the realignment or closure of military installations pursuant to the authority of this section for all fiscal years may not exceed $2,000,000,000. In determining the cost to the government for purposes of this section, there shall be included the costs of planning and design, military construction, operations and maintenance, environmental restoration, information technology, termination of public-private contracts, guarantees, and other factors contributing to the cost of carrying out the realignment or closure, as determined by the Secretary.

(“(e) Process for Implementation.— The implementation of the realignment or closure of a military installation pursuant to the authority of this section shall be carried out in accordance with section 2905 of the Defense Base Closure and Realignment Act of 1990 (title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) in the same manner as the implementation of a realignment or closure of a military installation pursuant to the authority of such Act.

(“(f) State Defined.— In this section, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(“(g) Termination of Authority.— The authority of the Secretary to carry out a realignment or closure pursuant to this section shall terminate at the end of fiscal year 2029.

“SEC. 2703 PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND CLOSURE (BRAC) ROUND.

“Nothing in this Act [div. B of Pub. L. 115–232 , see Tables for classification] shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.”

“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.— The Commission shall be composed of eight members appointed by the President, by and with the advise [advice] and consent of the Senate. The President shall transmit to the Senate the nominations for appointment to the Commission— 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; 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 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. 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. In selecting individuals for nominations for appointments to the Commission, the President should consult with— the Speaker of the House of Representatives concerning the appointment of two members; the majority leader of the Senate concerning the appointment of two members; the minority leader of the House of Representatives concerning the appointment of one member; and the minority leader of the Senate concerning the appointment of one member. 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.— 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. The Chairman of the Commission shall serve until the confirmation of a successor.

(“(e) Meetings.— The Commission shall meet only during calendar years 1991, 1993, and 1995. Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following: The Chairman and the ranking minority party member of the Subcommittee on Readiness and Management 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. The Chairman and the ranking minority party member of the Subcommittee on Readiness 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. 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.— 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. 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. 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.— 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. 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.— Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. 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. Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense. 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. 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. 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. No member of the Armed Forces, and no officer or employee of the Department of Defense, may— 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; review the preparation of such a report; or approve or disapprove such a report. 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. 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. The following restrictions relating to the personnel of the Commission shall apply during 1992 and 1994: There may not be more than 15 persons on the staff at any one time. 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. No member of the Armed Forces and no employee of the Department of Defense may serve on the staff.

(“(j) Other Authority.— 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. The Commission may lease space and acquire personal property to the extent funds are available.

(“(k) Funding.— 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. 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. 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 . The account referred to in subparagraph (A) is the Department of Defense Base Closure Account established under [former] 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.— 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. 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 description of the assessment referred to in paragraph (1); 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 a description of the anticipated implementation of such force-structure plan. The Secretary shall also transmit a copy of each such force-structure plan to the Commission.

(“(b) Selection Criteria.— 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. 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 . 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.— 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. 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). 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. 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. 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— 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 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. 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. 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. Subparagraph (A) applies to the following persons: The Secretaries of the military departments. The heads of the Defense Agencies. 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. 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.— 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. 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. 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. 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— makes the determination required by subparagraph (B); determines that the change is consistent with the force-structure plan and final criteria referred to in subsection (c)(1); 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 conducts public hearings on the proposed change. Subparagraph (C) shall apply to a change by the Commission in the Secretary’s recommendations that would— add a military installation to the list of military installations recommended by the Secretary for closure; add a military installation to the list of military installations recommended by the Secretary for realignment; or increase the extent of a realignment of a particular military installation recommended by the Secretary. 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. 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). 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. The Comptroller General of the United States shall— 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 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.— 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. 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. 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. 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. 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— 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); realign all military installations recommended for realignment by such Commission in each such report; 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; 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 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.— 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— the end of the 45-day period beginning on the date on which the President transmits such report; or the adjournment of Congress sine die for the session during which such report is transmitted. 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.— In closing or realigning any military installation under this part, the Secretary may— 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; provide— economic adjustment assistance to any community located near a military installation being closed or realigned, and 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; 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; 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 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. 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.— 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— the authority of the Administrator to utilize excess property under subchapter II of chapter 5 of title 40, United States Code; the authority of the Administrator to dispose of surplus property under subchapter III of chapter 5 of title 40, United States Code; the authority to dispose of surplus property for public airports under sections 47151 through 47153 of title 49, United States Code; and 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 ). 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— all regulations governing the utilization of excess property and the disposal of surplus property under the Federal Property and Administrative Services Act of 1949 [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of Title 41, Public Contracts]; and 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)) [now 40 U.S.C. 545 note]. The Secretary may, with the concurrence of the Administrator of General Services— prescribe general policies and methods for utilizing excess property and disposing of surplus property pursuant to the authority delegated under paragraph (1); and issue regulations relating to such policies and methods, which shall supersede the regulations referred to in subparagraph (A) with respect to that authority. 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. 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. If a military installation to be closed, realigned, or placed in an inactive status under this part includes a road used for public access through, into, or around the installation, 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 the continued availability of the road for public use after the installation is closed, realigned, or placed in an inactive status. 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— inventory the personal property located at the installation; and 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. If no redevelopment authority referred to in subparagraph (A) exists with respect to an installation, the Secretary shall consult with— the local government in whose jurisdiction the installation is wholly located; or 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. 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— one week after the date on which the redevelopment plan for the installation is submitted to the Secretary; the date on which the redevelopment authority notifies the Secretary that it will not submit such a plan; twenty-four months after the date of approval of the closure or realignment of the installation; or ninety days before the date of the closure or realignment of the installation. 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: The transfer from the installation of items of personal property at the installation identified in accordance with subparagraph (A). 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. 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. This paragraph shall not apply to any personal property located at an installation to be closed or realigned under this part if the property— is required for the operation of a unit, function, component, weapon, or weapons system at another installation; 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); is not required for the reutilization or redevelopment of the installation (as jointly determined by the Secretary and the redevelopment authority); is stored at the installation for purposes of distribution (including spare parts or stock items); or 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. 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. 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. The transfer of property located at a military installation under subparagraph (A) may be for consideration at or below the estimated fair market value or without consideration. The determination of such consideration may account for the economic conditions of the local affected community and the estimated costs to redevelop the property. The Secretary may accept, as consideration, a share of the revenues that the redevelopment authority receives from third-party buyers or lessees from sales and long-term leases of the conveyed property, consideration in kind (including goods and services), real property and improvements, or such other consideration as the Secretary considers appropriate. The transfer of property located at a military installation under subparagraph (A) may be made for consideration below the estimated fair market value or without consideration only if the redevelopment authority with respect to the installation— 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 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.). For purposes of subparagraph (B)(i), 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: Road construction. Transportation management facilities. Storm and sanitary sewer construction. Police and fire protection facilities and other public facilities. Utility construction. Building rehabilitation. Historic property preservation. Pollution prevention equipment or facilities. Demolition. Disposal of hazardous materials generated by demolition. Landscaping, grading, and other site or public improvements. Planning for or the marketing of the development and reuse of the installation. 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). 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. 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. A lease under clause (i) may not require rental payments by the United States. 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. 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— municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or firefighting or security-guard functions. 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. 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. 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— the Secretary determines that as a result of changed economic circumstances, a modification of the agreement is necessary; the terms of the modification do not require the return of any payments that have been made to the Secretary; 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 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). 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. 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). 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. 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. 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. 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. 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. 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. 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 . 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). 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— 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 submit to the Secretary of Housing and Urban Development information on any building or property that is so determined. 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. 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— identify the buildings and property described in such information that are suitable for use to assist the homeless; notify the Secretary of Defense of the buildings and property that are so identified; 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 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). 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. 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— 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; 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 the Secretary of Health and Human Services— completes all actions on the application in accordance with section 501(e)(3) of such Act; and approves the application under section 501(e) of such Act. 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: 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). 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. 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. 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: 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. 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. 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. 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. 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. 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. 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). 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— 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; 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; 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 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). 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. 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. 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. In providing assistance under clause (ii), a redevelopment authority shall— consult with representatives of the homeless in the communities in the vicinity of the installation concerned; and 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. 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. 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. The date specified under clause (i) shall be— 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 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. Upon specifying a date for an installation under this subparagraph, the redevelopment authority for the installation shall— publish the date specified in a newspaper of general circulation in the communities in the vicinity of the installation concerned; and notify the Secretary of Defense of the date. 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: A description of the homeless assistance program that the representative proposes to carry out at the installation. An assessment of the need for the program. 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. A description of the buildings and property at the installation that are necessary in order to carry out the program. A description of the financial plan, the organization, and the organizational capacity of the representative to carry out the program. An assessment of the time required in order to commence carrying out the program. 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. 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). 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). 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. 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). 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). 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. A redevelopment authority shall include in an application under clause (i) the following: 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). 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. A summary of the outreach undertaken by the redevelopment authority under subparagraph (C)(iii)(II) in preparing the plan. 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. 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. Copies of the agreements that the redevelopment authority proposes to enter into under subparagraph (F)(ii). 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— 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; takes into consideration any economic impact of the homeless assistance under the plan on the communities in the vicinity of the installation; 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; 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 specifies the manner in which buildings and property, resources, and assistance on or off the installation will be made available for homeless assistance purposes. 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. 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. 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. 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— an explanation of that determination; and a statement of the actions that the redevelopment authority must undertake in order to address that determination. 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— revise the plan in order to address the determination; and submit the revised plan to the Secretary of Defense and the Secretary of Housing and Urban Development. 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). 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). 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. 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. 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. 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. The disposal under clause (i) of buildings and property to assist the homeless shall be without consideration. 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 (§ 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). 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— 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; 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; request that each such representative submit to that Secretary the items described in clause (ii); and 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). 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: A description of the program of such representative to assist the homeless. A description of the manner in which the buildings and property that the representative proposes to use for such purpose will assist the homeless. 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. 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. 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— 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 notify the Secretary of Defense of the extent to which the revised plan meets the criteria set forth in subparagraph (H)(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. 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. 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. The disposal under subclause (I) of buildings and property to assist the homeless shall be without consideration. 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 (§ 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). 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. 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. 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. 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. 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. 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. The Secretary may exercise the authority provided under this paragraph without regard to the provisions of chapter 146 of title 10, United States Code. 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. 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.— 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. 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. 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— the need for closing or realigning the military installation which has been recommended for closure or realignment by the Commission; the need for transferring functions to any military installation which has been selected as the receiving installation; or military installations alternative to those recommended or selected. 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— any provision of law restricting the use of funds for closing or realigning military installations included in any appropriations or authorization Act; and sections 2662 and 2687 of title 10, United States Code.

(“(e) Transfer Authority in Connection With Payment of Environmental Remediation Costs.— 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. 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. 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. A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies to Congress that— 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 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. 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— 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 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. 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. 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.). 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) Report on Designation of Property as Excess Instead of Surplus.— Not later than 180 days after the date on which real property located at a military installation closed or realigned under this part is declared excess, but not surplus, the Secretary of Defense shall submit to the congressional defense committees a report identifying the property and including the information required by paragraph (2). The Secretary shall update the report every 180 days thereafter until the property is either declared surplus or transferred to another Federal agency. Each report under paragraph (1) shall include the following elements: The reason for the excess designation. The nature of the contemplated transfer. The proposed timeline for the transfer. Any impediments to completing the Federal agency screening process.

(“(g) Acquisition of Manufactured Housing.— 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— it is in the best interests of the Federal Government to eliminate or relocate the manufactured housing park; and the elimination or relocation of the manufactured housing park would result in an unreasonable financial hardship to the owners of the manufactured housing. 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. 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

(“(a) Establishment.— There is hereby established on the books of the Treasury an account to be known as the ‘Department of Defense Base Closure Account’ which shall be administered by the Secretary as a single account.

(“(b) Credits to Account.— There shall be credited to the Account the following: Funds authorized for and appropriated to the Account. Funds transferred to the Account pursuant to section 2711(b) of the Military Construction Authorization Act for Fiscal Year 2013 [div. B of Pub. L. 112–239 ]. 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 funds may be transferred under the authority of this paragraph only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees. Proceeds received from the lease, transfer, or disposal of any property at a military installation closed or realigned under this part or the 1988 BRAC law.

(“(c) Use of Account.— The Secretary may use the funds in the Account only for the following purposes: To carry out the Defense Environmental Restoration Program under section 2701 of title 10 , United States Code, and other environmental restoration and mitigation activities at military installations closed or realigned under this part or the 1988 BRAC law. To cover property management, disposal, and caretaker costs incurred at military installations closed or realigned under this part or the 1988 BRAC law. To cover costs associated with supervision, inspection, overhead, engineering, and design of military construction projects undertaken under this part or the 1988 BRAC law before September 30, 2013 , and subsequent claims, if any, related to such activities. To record, adjust, and liquidate obligations properly chargeable to the following accounts: The Department of Defense Base Closure Account 2005 established by section 2906A of this part, as in effect on September 30, 2013 . The Department of Defense Base Closure Account 1990 established by this section, as in effect on September 30, 2013 . The Department of Defense Base Closure Account established by section 207 of the 1988 BRAC law, as in effect on September 30, 2013 . To carry out the demolition or removal of any building or structure under the control of the Secretary of the Navy that is not designated as historic under a Federal, State, or local law and is located on a military installation closed or realigned under a base closure law (as such term is defined in section 101 of title 10 , United States Code) at which the sampling or remediation of radiologically contaminated materials has been the subject of substantiated allegations of fraud, without regard to— whether the building or structure is radiologically impacted; or whether such demolition or removal is carried out, as part of a response action or otherwise, under the Defense Environmental Restoration Program specified in subparagraph (A) or CERCLA (as such term is defined in section 2700 of title 10 , United States Code). The Account shall be the sole source of Federal funds for the activities specified in paragraph (1) at a military installation closed or realigned under this part or the 1988 BRAC law. Except as provided in paragraph (1), funds in the Account may not be used, directly or by transfer to another appropriations account, to carry out a military construction project, including a minor military construction project, under section 2905(a) or any other provision of law at a military installation closed or realigned under this part or the 1988 BRAC law.

(“(d) Disposal or Transfer of Commissary Stores and Property Purchased With Nonappropriated Funds.— 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, 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 1988 BRAC law. The amount so deposited under paragraph (1) 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. Subject to the limitation contained in section 204(b)(7)(C)(iii) of the 1988 BRAC law, amounts in the reserve account are hereby made available to the Secretary, without appropriation and until expended, for the purpose of acquiring, constructing, and improving— commissary stores; and real property and facilities for nonappropriated fund instrumentalities.

(“(e) Consolidated Budget Justification Display for Account.— The Secretary shall establish a consolidated budget justification display in support of the Account that for each fiscal year— details the amount and nature of credits to, and expenditures from, the Account during the preceding fiscal year; separately details the caretaker and environmental remediation costs associated with each military installation for which a budget request is made; specifies the transfers into the Account and the purposes for which these transferred funds will be further obligated, to include caretaker and environment remediation costs associated with each military installation; specifies the closure or realignment recommendation, and the base closure round in which the recommendation was made, that precipitated the inclusion of the military installation; and details any intra-budget activity transfers within the Account that exceeded $1, 000, 000 d u r in g t h e p rece d in g f i sc a l ye a ror t ha t a re p ro p ose df or t h e n e x t f i sc a l ye a r an d w i ll e x cee d$ 1,000,000. The Secretary shall include the information required by paragraph (1) in the materials that the Secretary submits to Congress in support of the budget for a fiscal year submitted by the President pursuant to section 1105 of title 31 , United States Code.

(“(f) Closure of Account; Treatment of Remaining Funds.— 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, except that 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 paragraph (2). No later than 60 days after the closure of the Account under paragraph (1), the Secretary shall transmit to the congressional defense committees a report containing an accounting of— all the funds credited to and expended from the Account or otherwise expended under this part or the 1988 BRAC law; and any funds remaining in the Account.

(“(g) Definitions.— In this section: 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. The term ‘nonappropriated funds’ means funds received from a nonappropriated fund instrumentality. 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. The term ‘1988 BRAC law’ means title II of the Defense Authorization Amendments and Base Closure and Realignment Act ( Public Law 100–526 ; 10 U.S.C. 2687 note).

“[SEC. 2906A

Repealed. Pub. L. 112–239, div. B, title XXVII, § 2711(a) , Jan. 2, 2013 , 126 Stat. 2140 .]

“[SEC. 2907

Repealed. Pub. L. 112–239, div. B, title XXVII, § 2711(c)(2) , Jan. 2, 2013 , 126 Stat. 2143 .]

“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— which does not have a preamble; 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 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.— 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. 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. 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. 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.— 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: 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). With respect to a resolution described in subsection (a) of the House receiving the resolution— the procedure in that House shall be the same as if no resolution had been received from the other House; but the vote on final passage shall be on the resolution of the other House. 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— 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 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)— 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 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— closures and realignments under title II of Public Law 100–526 [set out below]; and 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: The term ‘Account’ means the Department of Defense Base Closure Account established by section 2906(a). 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. The term ‘Commission’ means the Commission established by section 2902. 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. 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. The term ‘Secretary’ means the Secretary of Defense. 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. 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. 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. If no redevelopment authority referred to in subparagraph (A) exists with respect to a military installation, the term shall include the following: The local government in whose jurisdiction the military installation is wholly located. A local government agency or State government agency designated by the chief executive officer of the State in which the military installation is located under subparagraph (B) of section 2905(b)(3) for the purpose of the consultation required by subparagraph (A) of such section. The term ‘redevelopment plan’ in the case of an installation to be closed or realigned under this part, means a plan that— is agreed to by the local redevelopment authority with respect to the installation; and 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. 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

“SEC. 2912 2005 ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY INSTALLATIONS.

(“(a) Force-Structure Plan and Infrastructure Inventory.— 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 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. 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. 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 description of the infrastructure necessary to support the force structure described in the force-structure plan. A discussion of categories of excess infrastructure and infrastructure capacity. An economic analysis of the effect of the closure or realignment of military installations to reduce excess infrastructure. In determining the level of necessary versus excess infrastructure under paragraph (2), the Secretary shall consider the following: 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. Any efficiencies that may be gained from joint tenancy by more than one branch of the Armed Forces at a military installation. 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 not later than March 15, 2005 . For purposes of selecting military installations for closure or realignment under this part in 2005, no revision of the force-structure plan or infrastructure inventory is authorized after that date.

(“(b) Certification of Need for Further Closures and Realignments.— 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 certification regarding whether the need exists for the closure or realignment of additional military installations; and 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. 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.— If the certification is provided under subsection (b), the Comptroller General shall prepare an evaluation of the following: The force-structure plan and infrastructure inventory prepared under subsection (a) and the final selection criteria specified in section 2913, including an evaluation of the accuracy and analytical sufficiency of such plan, inventory, and criteria. The need for the closure or realignment of additional military installations. 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.— 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. 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. Notwithstanding section 2902(c)(1), the Commission appointed under the authority of this subsection shall consist of nine members. 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 . 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 FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF BASE CLOSURES AND REALIGNMENTS.

(“(a) Final Selection Criteria.— The final criteria 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 shall be the military value and other criteria specified in subsections (b) and (c).

(“(b) Military Value Criteria.— The military value criteria are as follows: The current and future mission capabilities and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, and readiness. The availability and condition of land, facilities, and associated airspace (including training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas and staging areas for the use of the Armed Forces in homeland defense missions) at both existing and potential receiving locations. The ability to accommodate contingency, mobilization, surge, and future total force requirements at both existing and potential receiving locations to support operations and training. The cost of operations and the manpower implications.

(“(c) Other Criteria.— The other criteria that the Secretary shall use in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005 are as follows: 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. The economic impact on existing communities in the vicinity of military installations. The ability of the infrastructure of both the existing and potential receiving communities to support forces, missions, and personnel. The environmental impact, including the impact of costs related to potential environmental restoration, waste management, and environmental compliance activities.

(“(d) Priority Given to Military Value.— The Secretary shall give priority consideration to the military value criteria specified in subsection (b) in the making of recommendations for the closure or realignment of military installations.

(“(e) Effect on Department and Other Agency Costs.— The selection criteria 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.

(“(f) Relation to Other Materials.— The final selection criteria specified in this section shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in section 2912, in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005.

(“(g) 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 specified in section 2913.

(“(b) Preparation of Recommendations.— 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. 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. 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. 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) Repealed. Pub. L. 108–375, div. B, title XXVIII, § 2833 , Oct. 28, 2004 , 118 Stat. 2134 .]

(“(d) Commission Review and Recommendations.— 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 . 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. 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)— 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 the decision to add the installation for Commission consideration is supported by at least seven members of the Commission. 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. In the report required under section 2903(d)(2)(A) that is to be transmitted under paragraph (1), the Commission may not make a change in the recommendations of the Secretary that would close a military installation not recommended for closure by the Secretary, would realign a military installation not recommended for closure or realignment by the Secretary, or would expand the extent of the realignment of a military installation recommended for realignment by the Secretary unless— at least two members of the Commission visit the military installation before the date of the transmittal of the report; and the decision of the Commission to make the change to recommend the closure of the military installation, the realignment of the installation, or the expanded realignment of the installation is supported by at least seven members of the Commission. 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.— 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. 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 . 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. 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.”

“SEC. 201 CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS

“The Secretary shall— 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; realign all military installations recommended for realignment by such Commission in such report; and 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— 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); 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 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.— 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 . 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— 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 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 copy of such report; and 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— 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; 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— economic adjustment assistance to any community located near a military installation being closed or realigned; and 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 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.— 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— the authority of the Administrator to utilize excess property under subchapter II of chapter 5 of title 40, United States Code; the authority of the Administrator to dispose of surplus property under subchapter III of chapter 5 of title 40, United States Code; and the authority to dispose of surplus property for public airports under sections 47151 through 47153 of title 49, United States Code. Subject to subparagraph (B), the Secretary shall exercise authority delegated to the Secretary pursuant to paragraph (1) in accordance with— 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 [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of Title 41, Public Contracts]; and 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)). 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). 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. 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. 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. The provisions of this paragraph and paragraph (1) are subject to paragraphs (3) through (6). 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— inventory the personal property located at the installation; and 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. If no redevelopment authority referred to in subparagraph (A) exists with respect to an installation, the Secretary shall consult with— the local government in whose jurisdiction the installation is wholly located; or 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. 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— one week after the date on which the redevelopment plan for the installation is submitted to the Secretary; the date on which the redevelopment authority notifies the Secretary that it will not submit such a plan; twenty-four months after the date referred to in subparagraph (A); or ninety days before the date of the closure of the installation. The activities referred to in clause (i) are activities relating to the closure of an installation to be closed under this title as follows: The transfer from the installation of items of personal property at the installation identified in accordance with subparagraph (A). 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. 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. This paragraph shall not apply to any related personal property located at an installation to be closed under this title if the property— is required for the operation of a unit, function, component, weapon, or weapons system at another installation; 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); is not required for the reutilization or redevelopment of the installation (as jointly determined by the Secretary and the redevelopment authority); is stored at the installation for purposes of distribution (including spare parts or stock items); or 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. 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. 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. The transfer of property of a military installation under subparagraph (A) shall be without consideration if the redevelopment authority with respect to the installation— 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 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.). 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: Road construction. Transportation management facilities. Storm and sanitary sewer construction. Police and fire protection facilities and other public facilities. Utility construction. Building rehabilitation. Historic property preservation. Pollution prevention equipment or facilities. Demolition. Disposal of hazardous materials generated by demolition. Landscaping, grading, and other site or public improvements. Planning for or the marketing of the development and reuse of the installation. 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). 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. 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. A lease under clause (i) may not require rental payments by the United States. 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. 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— municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or firefighting or security-guard functions. 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. 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. 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— the Secretary determines that as a result of changed economic circumstances, a modification of the agreement is necessary; the terms of the modification do not require the return of any payments that have been made to the Secretary; 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 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 [former] section 2906(d) of the Defense Base Closure and Realignment Act of 1990 [ Pub. L. 101–510 , 10 U.S.C. 2687 note]. 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. 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). 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. 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. 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. 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. 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. 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. 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 . 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. 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— 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 submit to the Secretary of Housing and Urban Development information on any building or property that is so determined. 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. 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— identify the buildings and property described in such information that are suitable for use to assist the homeless; notify the Secretary of Defense of the buildings and property that are so identified; 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 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). 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. 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— 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; 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 the Secretary of Health and Human Services— completes all actions on the application in accordance with section 501(e)(3) of such Act; and approves the application under section 501(e) of such Act. 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: 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). 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. 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. 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: 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. 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. 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. 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. 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. 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. Except as provided in subparagraph (B) or (C), all proceeds— from any transfer under paragraphs (3) through (6); and 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. 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. 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. Subject to the limitation in clause (iii), amounts in the reserve account are hereby made available to the Secretary, without appropriation and until expended, for the purpose of acquiring, constructing, and improving— commissary stores; and real property and facilities for nonappropriated fund instrumentalities. 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. The aggregate amount obligated from the reserve account established under clause (i) may not exceed the following: In fiscal year 2004, $31, 000, 000. I n f i sc a l ye a r 2005,$ 24,000,000. In fiscal year 2006, $15,000,000. As used in this subparagraph: 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. The term ‘nonappropriated funds’ means funds received from a nonappropriated fund instrumentality. 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. 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. The Secretary may exercise the authority provided under this paragraph without regard to the provisions of chapter 146 of title 10, United States Code. 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. 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.— 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 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 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). 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— the need for closing or realigning a military installation which has been selected for closure or realignment by the Commission; the need for transferring functions to another military installation which has been selected as the receiving installation; or alternative military installations to those selected. 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.— 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. 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. 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. A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies to Congress that— 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 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. 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. 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.). 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. 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) Repealed. Pub. L. 108–136, div. B, title XXVIII, § 2805(d)(1) , Nov. 24, 2003 , 117 Stat. 1721 .]

(“(f) Acquisition of Manufactured Housing.— In closing or realigning any military installation under this title, 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 title, or make a payment to the member to relocate the manufactured housing to a suitable new site, if the Secretary determines that— it is in the best interests of the Federal Government to eliminate or relocate the manufactured housing park; and the elimination or relocation of the manufactured housing park would result in an unreasonable financial hardship to the owners of the manufactured housing. 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. The Secretary shall dispose of manufactured housing acquired under this subsection through resale, donation, trade or otherwise within one year of acquisition.

“SEC. 205 WAIVER

“The Secretary may carry out this title without regard to— any provision of law restricting the use of funds for closing or realigning military installations included in any appropriation or authorization Act; and the procedures set forth in sections 2662 and 2687 of title 10, United States Code.

“SEC. 206 REPORTS

(“(a) In General.— As part of each annual budget request for the Department of Defense, the Secretary shall transmit to the appropriate committees of Congress— a schedule of the closure and realignment actions to be carried out under this title 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 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.

(“(b) Study.— The Secretary shall conduct a study of the military installations of the United States outside the United States to determine if efficiencies can be realized through closure or realignment of the overseas base structure of the United States. Not later than October 15, 1988 , the Secretary shall transmit a report of the findings and conclusions of such study to the Commission and to the Committees on Armed Services of the Senate and the House of Representatives. In developing its recommendations to the Secretary under this title, the Commission shall consider the Secretary’s study. Upon request of the Commission, the Secretary shall provide the Commission with such information about overseas bases as may be helpful to the Commission in its deliberations. The Commission, based on its analysis of military installations in the United States and its review of the Secretary’s study of the overseas base structure, may provide the Secretary with such comments and suggestions as it considers appropriate regarding the Secretary’s study of the overseas base structure.

“[SEC. 207

Repealed. Pub. L. 112–239, div. B, title XXVII, § 2711(c)(1) , Jan. 2, 2013 , 126 Stat. 2143 .]

“SEC. 208 CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT

(“(a) Terms of the Resolution.— For purposes of section 202(b), the term ‘joint resolution’ means only a joint resolution which is introduced before March 15, 1989 , and— which does not have a preamble; the matter after the resolving clause of which is as follows: ‘That Congress disapproves the recommendations of the Commission on Base Realignment and Closure established by the Secretary of Defense as submitted to the Secretary of Defense on ’, the blank space being appropriately filled in; and the title of which is as follows: ‘Joint resolution disapproving the recommendations of the Commission on Base Realignment and Closure.’.

(“(b) Referral.— A resolution described in subsection (a), 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) before March 15, 1989 , such committee shall be, as of March 15, 1989 , discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved.

(“(d) Consideration.— 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 (but only on the day after the calendar day on which such Member announces to the House concerned the Member’s intention to do so). 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. Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 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. 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. 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.

“SEC. 209 DEFINITIONS

“In this title: The term ‘Account’ means the Department of Defense Base Closure Account established by 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). The term ‘appropriate committees of Congress’ means the Committees on Armed Services and the Committees on Appropriations of the Senate and the House of Representatives. The terms ‘Commission on Base Realignment and Closure’ and ‘Commission’ mean the Commission established by the Secretary of Defense in the charter signed by the Secretary on May 3, 1988 , and as altered thereafter with respect to the membership and voting. The term ‘charter establishing such Commission’ means the charter referred to in paragraph (3). The term ‘initiate’ includes any action reducing functions or civilian personnel positions but does not include studies, planning, or similar activities carried out before there is a reduction of such functions or positions. 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 Secretary of a military department. The term ‘realignment’ includes any action which both reduces and relocates functions and civilian personnel positions. The term ‘Secretary’ means the Secretary of Defense. 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. The term ‘redevelopment authority’, in the case of an installation to be closed under this title, 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. The term ‘redevelopment plan’ in the case of an installation to be closed under this title, means a plan that— is agreed to by the redevelopment authority with respect to the installation; and provides for the reuse or redevelopment of the real property and personal property of the installation that is available for such reuse or redevelopment as a result of the closure of the installation.”

§ 2687a Overseas base closures and realignments and status of United States overseas military locations

(a) Annual Report on Status of Overseas Closures and Realignments and Overseas Military Locations.— At the same time that the budget is submitted under section 1105(a) of title 31 for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on— the status of overseas base closure and realignment actions undertaken as part of a global defense posture realignment strategy; and the status of overseas military locations, whether such a location is designated as an enduring location or contingency location. To satisfy the reporting requirement specified in paragraph (1)(B), a report under paragraph (1) shall contain the following: A list of overseas military locations. For any overseas military location established during the previous fiscal year, the reasons for the establishment of the overseas military location. A description of the strategic goal and operational requirements supported by each overseas military location. A list of each construction or facility improvement project carried out by the Department of Defense regardless of the funding source, and each construction or facility improvement project accepted as a payment-in-kind, at overseas military locations during the previous fiscal year if the construction or facility improvement project was not specifically authorized in a Military Construction Authorization Act or congressional notice of the construction or facility improvement project was not provided by another means. Each construction or facility improvement project on the list shall be delineated by project location, project title or description, project cost, including costs covered by the host country, and authority used to undertake the project. For each overseas military location first designated as an enduring location in one of the previous two required reports, a list of required construction and facility improvement projects anticipated to be carried out by the Department of Defense directly or through the acceptance of payments-in-kind during the fiscal year in which the report is submitted and the next four fiscal years. Each construction or facility improvement project on the list shall be delineated by project location, project title or description, estimated project cost, including costs anticipated to be covered by the host country, and authority to be used to undertake the project. An overview of any annual lease or access costs to the United States for each overseas military location designated as an enduring location. A description of any plans to transition an existing contingency overseas military location to an enduring overseas military location, or to upgrade or downgrade the designation of an existing enduring or contingency overseas military location, during the fiscal year in which the report is submitted. A list of any overseas military locations that, during the previous fiscal year, were transferred to the control of security forces of the host country or another military force, closed, or for any other reason no longer used by the armed forces, including a summary of any costs associated with the transfer or closure of the overseas military location. A summary of any force protection risks identified for cooperative security locations and contingency locations, the actions proposed to mitigate such risks, and the resourcing and implementation plan to implement the mitigation actions. Such other such matters related to overseas military locations as the Secretary of Defense considers appropriate. In this subsection: The term “overseas military location” covers both enduring locations and contingency locations established outside the United States. An enduring location is primarily characterized either by the presence of permanently assigned United States forces with robust infrastructure and quality of life amenities to support that presence, by the sustained presence of allocated United States forces with infrastructure and quality of life amenities consistent with that presence, or by the periodic presence of allocated United States forces with little or no permanent United States military presence or controlled infrastructure. Enduring locations include main operating bases, forward operating sites, and cooperative security locations. A contingency location refers to a location outside of the United States that is not covered by subparagraph (B), but that is used by United States forces to support and sustain operations during named and unnamed contingency operations or other operations as directed by appropriate authority and is categorized by mission life-cycle requirements as initial, temporary, or semi-permanent. The term “construction or facility improvement project” includes any construction, development, conversion, or extension of a building, structure, or other improvement to real property carried out at an overseas military location, whether to satisfy temporary or permanent requirements, and any acquisition of land for an overseas military location. The term does not include repairs to a building, structure, or other improvement to real property, unless the building, structure, or other improvement cannot effectively be used for its designated functional purpose in the absence of the repairs. The Secretary of Defense shall prepare the report under paragraph (1) in coordination with the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition and Sustainment. A report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary.

(b) Department of Defense Overseas Military Facility Investment Recovery Account.— Except as provided in subsection (c), 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 the Department of Defense Overseas Military Facility Investment Recovery Account. 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— military construction, facility maintenance and repair, and environmental restoration at military installations in the United States; and military construction, facility maintenance and repair, and compliance with applicable environmental laws at military installations outside the United States at which the Secretary anticipates the United States will have an enduring presence. Funds in the Department of Defense Overseas Facility Investment Recovery Account shall remain available until expended. Not later than December 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report detailing all expenditures made from the Department of Defense Overseas Facility Investment Recovery Account during the preceding fiscal year.

(c) Treatment of Amounts Corresponding to the Value of Property Purchased With Nonappropriated Funds.— In the case of a payment referred to in subsection (b)(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 ( Public Law 100–526 ; 10 U.S.C. 2687 note). The Secretary of Defense 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.

(d) OMB Review of Proposed Overseas Basing Settlements.— 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 $10, 000, 000. T h eD i rec t ors ha ll e v a l u a t e t h eo v er a ll e q u i t yo f t h e p ro p ose d se ttl e m e n t . I n e v a l u a t in g t h e p ro p ose d se ttl e m e n t, t h eD i rec t ors ha ll co n s i d ers u c h f a c t ors a s t h ee x t e n t o f t h e U ni t e d St a t esc a p i t a l in v es t m e n t in t h e im p ro v e m e n t s b e in g re l e a se d t o t h e h os t co u n t ry, t h e d e p rec ia t i o n o f t h e im p ro v e m e n t s, t h eco n d i t i o n o f t h e im p ro v e m e n t s, an d an y a ppl i c ab l ere q u i re m e n t s f ore n v i ro nm e n t a l re m e d ia t i o n orres t or a t i o na tt h e in s t a ll a t i o n . E a c h ye a r, t h e S ecre t a ryo f De f e n ses ha ll s u bmi tt o t h e C o mmi tt eeso n A r m e d S er v i ceso f t h e S e na t e an d t h eHo u seo f R e p rese n t a t i v es a re p or t o n e a c h p ro p ose d a g ree m e n t o f se ttl e m e n tt ha tw a s n o t s u bmi tt e d b y t h e S ecre t a ry t o t h eD i rec t oro f t h e O ff i ceo f M ana g e m e n t an d B u d g e t in t h e p re v i o u sye a r u n d er p a r a g r a p h (1) b ec a u se t h e f ai r ma r k e t v a l u eo f t h e im p ro v e m e n t s t o b ere l e a se d p u rs u an tt o t h e p ro p ose d a g ree m e n t d i d n o t e x cee d$ 10,000,000.

(e) Congressional Oversight of Use of Payments-In-Kind for Construction or Operations.— Before concluding an agreement for acceptance of military construction or facility improvements as a payment-in-kind, the Secretary of Defense shall submit to the congressional defense committees a notification on the proposed agreement. Any such notification shall contain the following: A description of the military construction project or facility improvement project. An explanation of the military requirement to be satisfied with the project. A certification that the project is included in the current future-years defense program. Before concluding an agreement for acceptance of host country support or host country payment of operating costs of United States forces as a payment-in-kind, the Secretary of Defense shall submit to the congressional defense committees a notification on the proposed agreement. Any such notification shall contain the following: A description of each activity to be covered by the payment-in-kind. 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 in the current or the next fiscal year. When the Secretary of Defense submits a notification of a proposed agreement under paragraph (1) or (2), the Secretary may then enter into the agreement described in the notification only after the end of the 30-day period beginning on the date on which the notification is submitted or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title .

(f) Acceptance of Military Construction Projects As Payments-In-Kind and In-Kind Contributions.— Except as provided in subparagraph (B), a military construction project costing more than $6,000,000 may be accepted as payment-in-kind or as an in-kind contribution required by a bilateral agreement with a host country only if that military construction project is authorized by law. Subparagraph (A) does not apply to a military construction project that— was specified in a bilateral agreement with a host country that was entered into before December 26, 2013 ; was the subject of negotiation between the United States and a host country as of the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2015; or was accepted as payment-in-kind for the residual value of improvements made by the United States at military installations released to the host country under section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–510 ; 10 U.S.C. 2687 note) before December 26, 2013 . If the Secretary of Defense accepts a military construction project to be built for Department of Defense personnel outside the United States as a payment-in-kind or an in-kind contribution required by a bilateral agreement with a host country, the Secretary shall submit to the congressional defense committees a written notification at least 30 days before the initiation date for any such military construction project. A notification under subparagraph (A) with respect to a proposed military construction project shall include the following: The requirements for, and purpose and description of, the proposed project. The cost of the proposed project. The scope of the proposed project. The schedule for the proposed project. Such other details as the Secretary considers relevant. Subparagraph (A) shall not apply to a military construction project authorized in a Military Construction Authorization Act. To the extent that a payment-in-kind or an in-kind contribution is provided under a bilateral agreement with a host country with respect to a military construction project for which funds have already been obligated or expended by the Secretary of Defense, the Secretary shall return to the Treasury funds in an amount equal to the value of the funds already obligated or expended for the project. In this subsection, the term “military construction project” has the meaning given such term in section 2801 of this title .

(g) Definitions.— In this section: The term “fair market value of the improvements” means the value of improvements determined by the Secretary of Defense on the basis of their highest use. 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. The term “nonappropriated funds” means funds received from— the adjustment of, or surcharge on, selling prices at commissary stores fixed under section 2685 of this title ; or a nonappropriated fund instrumentality. 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.

§ 2688 Utility systems: conveyance authority

(a) Conveyance Authority.— The Secretary of a military department may convey a utility system, or part of a utility system, under the jurisdiction of the Secretary to a municipal, private, regional, district, or cooperative utility company or other entity. The conveyance may consist of all right, title, and interest of the United States in the utility system or such lesser estate as the Secretary considers appropriate to serve the interests of the United States.

(b) Selection of Conveyee.— If more than one utility or entity referred to in subsection (a) notifies the Secretary concerned of an interest in a conveyance under such subsection, the Secretary shall carry out the conveyance through the use of competitive procedures. Notwithstanding paragraph (1), the Secretary concerned may use procedures other than competitive procedures, but only in accordance with subsections (a), (b), (d), and (e) of section 3204 of this title , to select the conveyee of a utility system (or part of a utility system) under subsection (a). With respect to the solicitation process used in connection with the conveyance of a utility system (or part of a utility system) under subsection (a), the Secretary concerned shall ensure that the process is conducted in a manner consistent with the laws and regulations of the State in which the utility system is located to the extent necessary to ensure that all interested regulated and unregulated utility companies and other interested entities receive an opportunity to acquire and operate the utility system to be conveyed.

(c) Consideration.— The Secretary concerned may require as consideration for a conveyance under subsection (a) an amount equal to the fair market value (as determined by the Secretary) of the right, title, or interest of the United States conveyed. The consideration may take the form of— a lump sum payment; or a reduction in charges for utility services provided by the utility or entity concerned to the military installation at which the utility system is located. If the utility services proposed to be provided as consideration under paragraph (1) are subject to regulation by a Federal or State agency, any reduction in the rate charged for the utility services shall be subject to establishment or approval by that agency.

(d) Contracts for Utility Services.— Except as provided in paragraph (2), a contract for the receipt of utility services as consideration under subsection (c), or any other contract for utility services entered into by the Secretary concerned in connection with the conveyance of a utility system under this section, may be for a period not to exceed 10 years. The Secretary concerned may authorize a contract for utility services described in paragraph (1) or the renewal of such a contract to have a term in excess of 10 years, but not to exceed 50 years, if the Secretary concerned determines that a contract for a longer term will be cost effective. The determination of cost effectiveness shall be made using a business case analysis that includes an independent estimate of the level of investment that should be required to maintain adequate operation of the utility system over the proposed term of the contract or contract renewal. The business case analysis must also demonstrate how a privatized system will operate in a manner consistent with subsection (g)(3). A renewal of a contract pursuant to this paragraph may be entered into only within the last five years of the existing contract term.

(e) Treatment of Payments.— A lump sum payment received under subsection (c) shall be credited, at the election of the Secretary concerned— to an appropriation of the military department concerned available for the procurement of the same utility services as are provided by the utility system conveyed under this section; to an appropriation of the military department available for carrying out energy savings projects or water conservation projects; or to an appropriation of the military department available for improvements to other utility systems. Amounts so credited shall be merged with funds in the appropriation to which credited and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriation with which merged.

([(f) Repealed. Pub. L. 112–81, div. A, title X, § 1061(21)(C) , Dec. 31, 2011 , 125 Stat. 1584 .]

(g) Additional Terms and Conditions.— The Secretary concerned may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. The Secretary concerned shall require in any contract for the conveyance of a utility system (or part of a utility system) under subsection (a) that the conveyee manage and operate the utility system in a manner consistent with applicable Federal and State regulations pertaining to health, safety, fire, and environmental requirements. The Secretary concerned shall require in any contract for the conveyance of a utility system (or part of a utility system) under subsection (a) that the conveyee manage and operate the utility system in a manner consistent with energy resilience and cybersecurity requirements and associated metrics provided to the conveyee to ensure that the reliability of the utility system meets mission requirements. The Secretary of Defense, in consultation with the Secretaries of the military departments, shall include in the report submitted under section 2925(a) 1 of this title a description of progress in meeting energy resilience metrics for all conveyance contracts entered into pursuant to this section.

(h) Assistance for Construction, Repair, or Replacement of Utility Systems.— In lieu of carrying out a military construction project to construct, repair, or replace a utility system, the Secretary concerned may use funds authorized and appropriated for the project to facilitate the conveyance of the utility system under this section by making a contribution toward the cost of construction, repair, or replacement of the utility system by the entity to which the utility system is being conveyed.

(i) Utility System Defined.— In this section, the term “utility system” means any of the following: A system for the generation and supply of electric power. A system for the treatment or supply of water. A system for the collection or treatment of wastewater. A system for the generation or supply of steam, hot water, and chilled water. A system for the supply of natural gas. A system for the transmission of telecommunications. The term “utility system” includes the following: Equipment, fixtures, structures, and other improvements utilized in connection with a system referred to in paragraph (1). Real property, easements, and rights-of-way associated with a system referred to in that paragraph.

(j) Conveyance of Additional Utility Infrastructure After Conveyance of a Utility System.— Upon conveyance of a utility system, the Secretary of a military department may convey additional utility infrastructure under the jurisdiction of the Secretary on a military installation to a utility or entity to which a utility system for the installation has been conveyed under subsection (a) if the Secretary determines that— the additional utility infrastructure cannot operate without being a part of the conveyed utility system or operation of the additional utility infrastructure by the utility or entity would be in the best interest of the Government; and the military department receives as consideration an amount for the utility infrastructure determined in the same manner as the consideration the Secretary could require under subsection (c) for a conveyance under subsection (a). The conveyance under this paragraph may consist of all right, title, and interest of the United States or such lesser estate as the Secretary considers appropriate to serve the interests of the United States.

(k) Improvement of Conveyed Utility System.— In lieu of carrying out a military construction project for an infrastructure improvement that enhances the reliability, resilience, efficiency, physical security, or cybersecurity of a utility system conveyed under subsection (a), the Secretary concerned may use funds authorized and appropriated for the project to make a monetary contribution equal to the total amount for the completed project to the conveyee of the utility system to carry out the project using a contract for utility services entered into under subsection (d). All right, title, and interest to infrastructure improvements constructed by the conveyee pursuant to paragraph (1) shall vest in the conveyee. The Secretary concerned shall provide to the conveyee the necessary real property interests to access and use lands under the jurisdiction and control of the Secretary for construction of the project under paragraph (1) and for ongoing use, operations, and maintenance. If the Secretary concerned exercises a repurchase option under a contract entered into under subsection (d) for a system conveyed under subsection (a), the Secretary shall receive an offset in the amount of the contribution to the conveyee under paragraph (1) against the payment made by the Secretary as consideration for the repurchase, except that the maximum offset may not exceed the full amount of the consideration for the repurchase. The Secretary concerned may make a monetary contribution authorized by paragraph (1) notwithstanding the following provisions of law: Sections 7540, 8612, and 9540 of this title. Subchapters I and III of chapter 169 of this title. Chapters 221 and 223 of this title.

(l) Limitation.— This section shall not apply to projects constructed or operated by the Army Corps of Engineers under its civil works authorities.

[§ 2689 Renumbered § 2917]

[§ 2690 Renumbered § 2918]

§ 2691 Restoration of land used by permit or damaged by mishap; reimbursement of State costs of fighting wildland fires

(a) Restoration of Other Agency Land Used by Permit.— The Secretary of the military department concerned may remove improvements and take any other action necessary in the judgment of the Secretary to restore land used by that military department by permit from another military department or Federal agency if the restoration is required by the permit making that land available to the military department. The Secretary concerned may carry out this section using funds available for operations and maintenance or for military construction.

(b) Screening for Use of Improved Land.— Unless otherwise prohibited by law or the terms of the permit, before restoration of any land under subsection (a) is begun, the Secretary concerned shall determine, under the provisions of subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, whether another military department or Federal agency has a use for the land in its existing, improved state. During the period required to make such a determination, the Secretary may provide for maintenance and repair of improvements on the land to the standards established for excess property by the Administrator of General Services.

(c) Restoration of Department of Defense Land Used by Other Agency.— As a condition of any permit, license, or other grant of access entered into by the Secretary of a military department with another Federal agency authorizing the agency to use lands under the control of the Secretary, the Secretary may require the agency to agree to remove any improvements and to take any other action necessary in the judgment of the Secretary to restore the land used by the agency to its condition before its use by the agency. In lieu of performing any removal or restoration work under paragraph (1), a Federal agency may elect, with the consent of the Secretary, to reimburse the Secretary for the costs incurred by the military department in performing such removal or restoration work.

(d) Wildland Fires on State Land.— The Secretary of Defense may, in any lease, permit, license, or other grant of access for use of lands owned by a State, agree to reimburse the State for the reasonable costs of the State in suppressing wildland fires caused by the activities of the Department of Defense under such lease, permit, license, or other grant of access.

(e) Restoration of Land Damaged by Mishap.— When land under the administrative jurisdiction of a Federal agency that is not a part of the Department of Defense is damaged as the result of a mishap involving a vessel, aircraft, or vehicle of the Department of Defense, the Secretary of Defense may, with the consent of the Federal agency, restore the land. When land under the administrative jurisdiction of the Department of Defense or a military department is damaged as the result of a mishap involving a vessel, aircraft, or vehicle of a Federal agency that is not a part of the Department of Defense, the head of the Federal agency under whose control the vessel, aircraft, or vehicle was operating may, with the consent of the Department of Defense, restore the land. The authority under paragraphs (1) and (2) includes activities and expenditures necessary to complete restoration to meet the regulations of the Federal department or agency with administrative jurisdiction over the affected land, which may be different than the regulations of the Department of Defense.

§ 2692 Storage, treatment, and disposal of nondefense toxic and hazardous materials

(a) Except as otherwise provided in this section, the Secretary of Defense may not permit the use of an installation of the Department of Defense for the storage, treatment, or disposal of any material that is a toxic or hazardous material and that is not owned either by the Department of Defense or by a member of the armed forces (or a dependent of the member) assigned to or provided military housing on the installation. The Secretary of Defense shall define by regulation what materials are hazardous or toxic materials for the purposes of this section, including specification of the quantity of a material that serves to make it hazardous or toxic for the purposes of this section. The definition shall include materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(14) ) and materials designated under section 102 of that Act ( 42 U.S.C. 9602 ) and shall include materials that are of an explosive, flammable, or pyrotechnic nature.

(b) Subsection (a) does not apply to the following: The storage, treatment, or disposal of materials that will be or have been used in connection with an activity of the Department of Defense or in connection with a service to be performed on an installation of the Department for the benefit of the Department. The storage of strategic and critical materials in the National Defense Stockpile under an agreement for such storage with the Administrator of General Services. The temporary storage or disposal of explosives in order to protect the public or to assist agencies responsible for Federal, State, or local law enforcement in storing or disposing of explosives when no alternative solution is available, if such storage or disposal is made in accordance with an agreement between the Secretary of Defense and the head of the Federal, State, or local agency concerned. The temporary storage or disposal of explosives in order to provide emergency lifesaving assistance to civil authorities. The disposal of excess explosives produced under a Department of Defense contract, if the head of the military department concerned determines, in each case, that an alternative feasible means of disposal is not available to the contractor, taking into consideration public safety, available resources of the contractor, and national defense production requirements. The temporary storage of nuclear materials or nonnuclear classified materials in accordance with an agreement with the Secretary of Energy. The storage of materials that constitute military resources intended to be used during peacetime civil emergencies in accordance with applicable Department of Defense regulations. The temporary storage of materials of other Federal agencies in order to provide assistance and refuge for commercial carriers of such material during a transportation emergency. The storage of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the authorized and compatible use of a facility of the Department of Defense, including the use of such a facility for testing material or training personnel. The treatment and disposal of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the authorized and compatible use of a facility of that military department and the Secretary enters into a contract or agreement with the prospective user that— is consistent with the best interest of national defense and environmental security; and provides for the prospective user’s continued financial and environmental responsibility and liability with regard to the material. The storage of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the use of a space launch facility located on an installation of the Department of Defense or on other land controlled by the United States.

(c) The Secretary of Defense may grant exceptions to subsection (a) when essential to protect the health and safety of the public from imminent danger if the Secretary otherwise determines the exception is essential and if the storage or disposal authorized does not compete with private enterprise.

(d) The Secretary may assess a charge for any storage or disposal provided under this section. Any such charge shall be on a reimbursable cost basis. In the case of storage under this section authorized because of an imminent danger, the storage provided shall be temporary and shall cease once the imminent danger no longer exists. In all other cases of storage or disposal authorized under this section, the storage or disposal authorized shall be terminated as determined by the Secretary.

§ 2693 Sentinel Landscapes Partnership

(a) Establishment.— The Secretary of Defense, in coordination with the Secretary of Agriculture, the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners in the program, may establish and carry out a program to preserve and restore sentinel landscapes. The program shall be known as the “Sentinel Landscapes Partnership”.

(b) Designation of Sentinel Landscapes.— The Secretary of Defense, the Secretary of Agriculture, the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners in the Sentinel Landscapes Partnership may, as such Secretaries and other heads determine appropriate, collectively designate one or more sentinel landscapes.

(c) Coordination of Activities.— In carrying out this section, the Secretaries and the other heads of Federal departments and agencies may coordinate actions between their departments and agencies and with other Federal, State, interstate, and local agencies, Indian Tribes, and private entities to more efficiently work together for the mutual benefit of conservation, resilience, working lands, and national defense, and to encourage owners and managers of land to engage in voluntary land management, resilience, and conservation activities that contribute to the sustainment of military installations, State-owned National Guard installations, and associated airspace.

(d) Priority Consideration.— In carrying out this section, the Secretaries and the other heads of Federal departments and agencies may give to any eligible owner or manager of land within a designated sentinel landscape priority consideration for participation in any easement, grant, or assistance program administered by that Secretary or head. Participation by an eligible owner or manager of land in any such program pursuant to this section shall be voluntary.

(e) Participation by Other Agencies.— Other Federal agencies with programs addressing conservation or resilience may, and are encouraged to— participate in the activities of the Sentinel Landscapes Partnership; and become full partners in the Sentinel Landscapes Partnership.

(f) Rule of Construction.— Nothing in this section may be construed to require an owner or manager of land, including a private landowner or agricultural producer, to participate in any land management, resilience, or conservation activity under this section.

(g) Definitions.— In this section: The term “military installation” has the same meaning as provided in section 100(1) of the Sikes Act ( 16 U.S.C. 670(1) ). The term “State-owned National Guard installation” has the same meaning as provided in section 100(3) of the Sikes Act ( 16 U.S.C. 670(3) ). The term “sentinel landscape” means a landscape-scale area encompassing— one or more military installations or state-owned National Guard installations and associated airspace; and the publicly and privately owned lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense missions of a military installation or State-owned National Guard installation. The term “resilience” means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfire, or other anticipated or unanticipated changes in environmental conditions.

§ 2694 Conservation and cultural activities

(a) Establishment.— The Secretary of Defense may establish and carry out a program to conduct and manage in a coordinated manner the conservation and cultural activities described in subsection (b).

(b) Activities.— A conservation or cultural activity eligible for the program that the Secretary establishes under subsection (a) is any activity— that has regional or Department of Defense-wide significance and that involves more than one military department or involves a sentinel landscape; that is necessary to meet legal requirements or to support military operations or that would contribute to maintaining or improving military installation resilience; that can be more effectively managed at the Department of Defense level; and for which no executive agency has been designated responsible by the Secretary. Such activities include the following: The development of ecosystem-wide land management plans or nature-based climate resilience plans. The conduct of wildlife studies to ensure the safety and sustainability of military operations. The identification and return of Native American human remains and cultural items in the possession or control of the Department of Defense, or discovered on land under the jurisdiction of the Department, to the appropriate Native American tribes. The control of invasive species that may hinder military activities or degrade military training ranges. The establishment of a regional curation system for artifacts found on military installations. The implementation of ecosystem-wide land management plans— for a single ecosystem— that encompasses at least two non-contiguous military installations, if those military installations are not all under the administrative jurisdiction of the same Secretary of a military department; and providing synergistic benefits unavailable if the installations acted separately; or for one or more ecosystems within a sentinel landscape.

(c) Cooperative Agreements.— The Secretary may negotiate and enter into cooperative agreements with public and private agencies, organizations, institutions, individuals, or other entities to carry out the program established under subsection (a).

(d) Effect on Other Laws.— Nothing in this section shall be construed or interpreted as preempting any otherwise applicable Federal, State, or local law or regulation relating to the management of natural and cultural resources on military installations.

(e) Sentinel Landscape Defined.— In this section, the term “sentinel landscape” has the meaning given that term in section 2693(g) of this title .

§ 2694a Conveyance of surplus real property for natural resource conservation

(a) Authority to Convey.— The Secretary of a military department may convey to an eligible entity described in subsection (b) any surplus real property that— is under the administrative control of the Secretary; is suitable and desirable for conservation purposes; has been made available for public benefit transfer for a sufficient period of time to potential claimants; and is not subject to a pending request for transfer to another Federal agency or for conveyance to any other qualified recipient for public benefit transfer under the real property disposal processes and authorities under subtitle I of title 40.

(b) Eligible Entities.— The conveyance of surplus real property under this section may be made to any of the following: A State or political subdivision of a State. A nonprofit organization that exists for the primary purpose of conservation of natural resources on real property.

(c) Reversionary Interest and Other Deed Requirements.— The deed of conveyance of any surplus real property conveyed under this section shall require the property to be used and maintained for the conservation of natural resources in perpetuity. If the Secretary concerned determines at any time that the property is not being used or maintained for such purpose, then, at the option of the Secretary, all or any portion of the property shall revert to the United States. The deed of conveyance may permit the recipient of the property— to convey the property to another eligible entity, subject to the approval of the Secretary concerned and subject to the same covenants and terms and conditions as provided in the deed from the United States; and to conduct incidental revenue-producing activities on the property that are compatible with the use of the property for conservation purposes. The deed of conveyance may contain such additional terms, reservations, restrictions, and conditions as the Secretary concerned considers appropriate to protect the interests of the United States.

(d) Release of Covenants.— With the concurrence of the Secretary of Interior, the Secretary concerned may grant a release from a covenant included in the deed of conveyance of real property conveyed under this section, subject to the condition that the recipient of the property pay the fair market value, as determined by the Secretary concerned, of the property at the time of the release of the covenant. The Secretary concerned may reduce the amount required to be paid under this subsection to account for the value of the natural resource conservation benefit that has accrued to the United States during the period the covenant was in effect, if the benefit was not taken into account in determining the original consideration for the conveyance.

(e) Notice and Wait Requirements.— The Secretary concerned may not approve of the reconveyance of real property under subsection (c) or grant the release of a covenant under subsection (d) until after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress a notice of the proposed reconveyance or release.

(f) Limitations.— The conveyance of real property under this section shall not be used as a condition of allowing any defense activity under any Federal, State, or local permitting or review process. The Secretary concerned may make the conveyance, with the restrictions specified in subsection (c), to establish a mitigation bank, but only if the establishment of the mitigation bank does not occur in order to satisfy any condition for permitting military activity under a Federal, State, or local permitting or review process.

(g) Consideration.— In fixing the consideration for the conveyance of real property under this section, or in determining the amount of any reduction of the amount to be paid for the release of a covenant under subsection (d), the Secretary concerned shall take into consideration any benefit that has accrued or may accrue to the United States from the use of such property for the conservation of natural resources.

(h) Relation to Other Conveyance Authorities.— The Secretary concerned may not make a conveyance under this section of any real property to be disposed of under a base closure law in a manner that is inconsistent with the requirements and conditions of the base closure law. In the case of real property on Guam, the Secretary concerned may not make a conveyance under this section unless the Government of Guam has been first afforded the opportunity to acquire the real property as authorized by section 1 of Public Law 106–504 ( 114 Stat. 2309 ).

(i) Definitions.— In this section: The term “appropriate committees of Congress” has the meaning given such term in section 2801 of this title . The term “Secretary concerned” means the Secretary of a military department. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, Guam, the Virgin Islands, and American Samoa.

§ 2694b Participation in wetland mitigation banks

(a) Authority to Participate.— The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the destruction of, or an adverse impact to, a wetland, may make payments to a wetland mitigation banking program or “in-lieu-fee” mitigation sponsor approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995 ) or the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66913; November 7, 2000 ), or any successor administrative guidance or regulation.

(b) Alternative to Creation of Wetland.— Participation in a wetland mitigation banking program or consolidated user site under subsection (a) shall be in lieu of mitigating wetland impacts through the creation of a wetland on Federal property.

(c) Treatment of Payments.— Payments made under subsection (a) to a wetland mitigation banking program or consolidated user site may be treated as eligible project costs for military construction.

§ 2694c Participation in conservation banking programs

(a) Authority to Participate.— Subject to the availability of appropriated funds, the Secretary concerned, when engaged or proposing to engage in an activity described in subsection (b) that may or will result in an adverse impact to one or more species protected (or pending protection) under any applicable provision of law, or habitat for such species, may make payments to a conservation banking program or “in-lieu-fee” mitigation sponsor approved in accordance with— the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995 ); the Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003 ); the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66915; November 7, 2000 ); or any successor or related administrative guidance or regulation.

(b) Covered Activities.— Payments to a conservation banking program or “in-lieu-fee” mitigation sponsor under subsection (a) may be made only for the purpose of facilitating one or more of the following activities: Military testing, operations, training, or other military activity. Military construction.

(c) Treatment of Amounts for Conservation Banking.— Payments made under subsection (a) to a conservation banking program or “in-lieu-fee” mitigation sponsor for the purpose of facilitating military construction may be treated as eligible costs of the military construction project.

(d) Source of Funds.— Amounts available from any of the following shall be available for activities under this section: Operation and maintenance. Military construction. Research, development, test, and evaluation. The Support for United States Relocation to Guam Account established under section 2824 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417 ; 122 Stat. 4730 ; 10 U.S.C. 2687 note).

(e) Secretary Concerned Defined.— In this section, the term “Secretary concerned” means— the Secretary of a military department; and the Secretary of Defense with respect to a Defense Agency.

§ 2694d Participation in pollutant banks and water quality trading

(a) Authority to Participate.— The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the discharge of pollutants, may make payments to a pollutant banking program or water quality trading program approved in accordance with the Water Quality Trading Policy dated January 13, 2003 , set forth by the Office of Water of the Environmental Protection Agency, or any successor administrative guidance or regulation.

(b) Treatment of Payments.— Payments made under subsection (a) to a pollutant banking program or water quality trading program may be treated as eligible project costs for military construction.

(c) Discharge of Pollutants Defined.— In this section, the term “discharge of pollutants” has the meaning given that term in section 502(12) of the Federal Water Pollution Control Act ( 33 U.S.C. 1362(12) ) (commonly referred to as the “Clean Water Act”).

§ 2695 Acceptance of funds to cover administrative expenses relating to certain real property transactions

(a) Authority To Accept.— In connection with a real property transaction referred to in subsection (b) with a non-Federal person or entity, the Secretary of a military department may accept amounts provided by the person or entity to cover administrative expenses incurred by the Secretary in entering into the transaction.

(b) Covered Transactions.— Subsection (a) applies to the following transactions involving real property under the control of the Secretary of a military department: The exchange of real property. The grant of an easement over, in, or upon real property of the United States. The lease or license of real property of the United States. The disposal of real property of the United States for which the Secretary will be the disposal agent. The conveyance of real property under section 2694a of this title .

(c) Use of Amounts Collected.— Amounts collected by the Secretary of a military department under subsection (a) for administrative expenses shall be credited, at the option of the Secretary— to the appropriation, fund, or account from which the expenses were paid; or to an appropriate appropriation, fund, or account currently available to the Secretary for the purposes for which the expenses were paid. Amounts credited under paragraph (1) shall be merged with funds in such appropriation, fund, or account and shall be available for the same purposes and subject to the same limitations as the funds with which merged.

§ 2696 Real property: transfer between armed forces and screening requirements for other Federal use

(a) Transfers Between Armed Forces.— If either of the Secretaries concerned requests it and the other approves, real property may be transferred, without compensation, from one armed force to another. Section 2571(d) of this title shall apply to the transfer of real property under this subsection.

(b) Screening Requirements for Additional Federal Use.— The Secretary concerned may not convey real property that is authorized or required to be conveyed, whether for or without consideration, by any provision of law enacted after December 31, 1997 , unless the Administrator of General Services has screened the property for further Federal use in accordance with subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(c) Time for Screening.— Before the end of the 30-day period beginning on the date of the enactment of a provision of law authorizing or requiring the conveyance of a parcel of real property by the Secretary concerned, the Administrator of General Services shall complete the screening referred to in subsection (b) with regard to the real property and notify the Secretary concerned and Congress of the results of the screening. The notice shall include— the name of the Federal agency requesting transfer of the property; the proposed use to be made of the property by the Federal agency; and the fair market value of the property, including any improvements thereon, as estimated by the Administrator. If the Administrator fails to complete the screening and notify the Secretary concerned and Congress within such period, the Secretary concerned shall proceed with the conveyance of the real property as provided in the provision of law authorizing or requiring the conveyance.

(d) Effect of Submission of Notice.— If the Administrator of General Services submits notice under subsection (c)(1) that further Federal use of a parcel of real property is requested by a Federal agency, the Secretary concerned may not proceed with the conveyance of the real property as provided in the provision of law authorizing or requiring the conveyance until the end of the 180-day period beginning on the date on which the notice is submitted to Congress.

(e) Excepted Conveyance Authorities.— The screening requirements of subsection (b) shall not apply to real property authorized or required to be conveyed under any of the following provisions of law: A base closure law. Chapter 5 of title 40. Any specific provision of law authorizing or requiring the transfer of administrative jurisdiction over a parcel of real property between Federal agencies.

(f) Screening and Conveyance of Property for Correctional Facilities Purposes.— Except as provided in paragraph (2), before any real property or facility of the United States that is under the jurisdiction of any department, agency, or instrumentality of the Department of Defense is determined to be excess to the needs of such department, agency, or instrumentality, the Secretary of Defense shall— provide adequate notification of the availability of such real property or facility within the Department of Defense; if the real property or facility remains available after such notification, notify the Attorney General of its availability; and if the Attorney General certifies to the Secretary of Defense that a determination has been made by the Director of the Bureau of Justice Assistance within the Department of Justice to utilize the real property or facility under the correctional options program carried out under section 515 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3762a ), 1 convey the real property or facility, without reimbursement, to a public agency referred to in paragraph (1) or (3) of subsection (a) of such section for such utilization. Paragraph (1) shall not apply— to real property and facilities to which title II of the Defense Authorization Amendments and Base Closure and Realignment Act ( Public Law 100–526 ) is applicable; and during any portion of a fiscal year after four conveyances have been made under paragraph (1) in such fiscal year.

§ 2697 Acceptance and use of landing fees charged for use of military airfields by civil aircraft

(a) Authority.— The Secretary of a military department may impose landing fees for the use by civil aircraft of military airfields under the jurisdiction of that Secretary and may use any fees received under this section as a source of funding for the operation and maintenance of airfields of that department.

(b) Uniform Landing Fees.— The Secretary of Defense shall prescribe the amount of the landing fees that may be imposed under this section. Such fees shall be uniform among the military departments.

(c) Use of Proceeds.— Amounts received for a fiscal year in payment of landing fees imposed under this section for the use of a military airfield shall be credited to the appropriation that is available for that fiscal year for the operation and maintenance of that military airfield, shall be merged with amounts in the appropriation to which credited, and shall be available for that military airfield for the same period and purposes as the appropriation is available.

(d) Limitation.— The Secretary of a military department shall determine whether consideration for a landing fee has been received in a lease, license, or other real estate agreement for an airfield and shall use such a determination to offset appropriate amounts imposed under subsection (a) for that airfield.

Federal • Lex Graph

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CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY

Sections (76)

“SEC. 322 REPLACEMENT OF FLUORINATED AQUEOUS FILM-FORMING FOAM WITH FLUORINE-FREE FIRE-FIGHTING AGENT.

“SEC. 323 PROHIBITION OF UNCONTROLLED RELEASE OF FLUORINATED AQUEOUS FILM-FORMING FOAM AT MILITARY INSTALLATIONS.

“SEC. 324 PROHIBITION ON USE OF FLUORINATED AQUEOUS FILM FORMING FOAM FOR TRAINING EXERCISES.

§ 2661 Miscellaneous administrative provisions relating to real property

[§ 2661a Repealed. Pub. L. 97–295, § 1(31)(A), Oct. 12, 1982, 96 Stat. 1296]

§ 2662 Real property transactions: reports to congressional committees

§ 2663 Land acquisition authorities

§ 2664 Limitations on real property acquisition

§ 2665 Sale of certain interests in land; logs

[§ 2666 Repealed. Pub. L. 108–375, div. B, title XXVIII, § 2821(a)(2), Oct. 28, 2004, 118 Stat. 2129]

§ 2667 Leases: non-excess property of military departments and Defense Agencies

[§ 2667a Repealed. Pub. L. 110–417, div. B, title XXVIII, § 2812(e)(1), Oct. 14, 2008, 122 Stat. 4727]

§ 2668 Easements for rights-of-way

§ 2668a Easements: granting restrictive easements in connection with land conveyances

§ 2669 Transfer of land and facilities to support contracts with federally funded research and development centers

§ 2670 Use of facilities by private organizations; use as polling places

§ 2671 Military reservations and facilities: hunting, fishing, and trapping

§ 2672 Protection of buildings, grounds, property, and persons

[§ 2672a Repealed. Pub. L. 109–163, div. B, title XXVIII, § 2821(f), Jan. 6, 2006, 119 Stat. 3513]

[§ 2673 Repealed. Pub. L. 108–375, div. B, title XXVIII, § 2821(d)(2), Oct. 28, 2004, 118 Stat. 2130]

§ 2674 Operation and control of Pentagon Reservation and defense facilities in National Capital Region

§ 2675 Leases: foreign countries

[§ 2676 Renumbered § 2664]

[§ 2677 Repealed. Pub. L. 110–181, div. B, title XXVIII, § 2822(b)(1), Jan. 28, 2008, 122 Stat. 544]

§ 2678 Feral horses and burros: removal from military installations

§ 2679 Installation-support services: intergovernmental support agreements

§ 2680 Minimum capital investment for facilities sustainment, restoration, and modernization for military departments

§ 2681 Renumbered § 4175]

§ 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

“SEC. 2702 ADDITIONAL AUTHORITY TO REALIGN OR CLOSE CERTAIN MILITARY INSTALLATIONS.

“SEC. 2703 PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND CLOSURE (BRAC) ROUND.

“SEC. 2901 SHORT TITLE AND PURPOSE

“SEC. 2902 THE COMMISSION

“SEC. 2903 PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE CLOSURES AND REALIGNMENTS

“SEC. 2904 CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS

“SEC. 2905 IMPLEMENTATION

“SEC. 2906 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

“[SEC. 2906A

“[SEC. 2907

“SEC. 2908 CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT

“SEC. 2909 RESTRICTION ON OTHER BASE CLOSURE AUTHORITY

“SEC. 2910 DEFINITIONS

“SEC. 2911 CLARIFYING AMENDMENT

“SEC. 2912 2005 ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY INSTALLATIONS.

“SEC. 2913 FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF BASE CLOSURES AND REALIGNMENTS.

“SEC. 2914 SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS FOR REALIGNMENTS AND CLOSURES FOR 2005 ROUND; COMMISSION CONSIDERATION OF RECOMMENDATIONS.

“SEC. 201 CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS

“SEC. 202 CONDITIONS

“SEC. 203 THE COMMISSION

“SEC. 204 IMPLEMENTATION

“SEC. 205 WAIVER

“SEC. 206 REPORTS

“[SEC. 207

“SEC. 208 CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT

“SEC. 209 DEFINITIONS

§ 2687a Overseas base closures and realignments and status of United States overseas military locations

§ 2688 Utility systems: conveyance authority

[§ 2689 Renumbered § 2917]

[§ 2690 Renumbered § 2918]

§ 2691 Restoration of land used by permit or damaged by mishap; reimbursement of State costs of fighting wildland fires

§ 2692 Storage, treatment, and disposal of nondefense toxic and hazardous materials

§ 2693 Sentinel Landscapes Partnership

§ 2694 Conservation and cultural activities

§ 2694a Conveyance of surplus real property for natural resource conservation

§ 2694b Participation in wetland mitigation banks

§ 2694c Participation in conservation banking programs

§ 2694d Participation in pollutant banks and water quality trading

§ 2695 Acceptance of funds to cover administrative expenses relating to certain real property transactions

§ 2696 Real property: transfer between armed forces and screening requirements for other Federal use

§ 2661 Miscellaneous administrative provisions relating to real property

[§ 2661a Repealed. Pub. L. 97–295, § 1(31)(A), Oct. 12, 1982, 96 Stat. 1296]

§ 2662 Real property transactions: reports to congressional committees

§ 2663 Land acquisition authorities

§ 2664 Limitations on real property acquisition

§ 2665 Sale of certain interests in land; logs

[§ 2666 Repealed. Pub. L. 108–375, div. B, title XXVIII, § 2821(a)(2), Oct. 28, 2004, 118 Stat. 2129]

§ 2667 Leases: non-excess property of military departments and Defense Agencies

[§ 2667a Repealed. Pub. L. 110–417, div. B, title XXVIII, § 2812(e)(1), Oct. 14, 2008, 122 Stat. 4727]

§ 2668 Easements for rights-of-way

§ 2668a Easements: granting restrictive easements in connection with land conveyances

§ 2669 Transfer of land and facilities to support contracts with federally funded research and development centers

§ 2670 Use of facilities by private organizations; use as polling places

§ 2671 Military reservations and facilities: hunting, fishing, and trapping

§ 2672 Protection of buildings, grounds, property, and persons

[§ 2672a Repealed. Pub. L. 109–163, div. B, title XXVIII, § 2821(f), Jan. 6, 2006, 119 Stat. 3513]

[§ 2673 Repealed. Pub. L. 108–375, div. B, title XXVIII, § 2821(d)(2), Oct. 28, 2004, 118 Stat. 2130]

§ 2674 Operation and control of Pentagon Reservation and defense facilities in National Capital Region

§ 2675 Leases: foreign countries

[§ 2676 Renumbered § 2664]

[§ 2677 Repealed. Pub. L. 110–181, div. B, title XXVIII, § 2822(b)(1), Jan. 28, 2008, 122 Stat. 544]

§ 2678 Feral horses and burros: removal from military installations

§ 2679 Installation-support services: intergovernmental support agreements

§ 2680 Minimum capital investment for facilities sustainment, restoration, and modernization for military departments

§ 2681 Renumbered § 4175]

§ 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

§ 2687a Overseas base closures and realignments and status of United States overseas military locations

§ 2688 Utility systems: conveyance authority

[§ 2689 Renumbered § 2917]

[§ 2690 Renumbered § 2918]

§ 2691 Restoration of land used by permit or damaged by mishap; reimbursement of State costs of fighting wildland fires

§ 2692 Storage, treatment, and disposal of nondefense toxic and hazardous materials

§ 2693 Sentinel Landscapes Partnership

§ 2694 Conservation and cultural activities

§ 2694a Conveyance of surplus real property for natural resource conservation

§ 2694b Participation in wetland mitigation banks

§ 2694c Participation in conservation banking programs

§ 2694d Participation in pollutant banks and water quality trading

§ 2695 Acceptance of funds to cover administrative expenses relating to certain real property transactions

§ 2696 Real property: transfer between armed forces and screening requirements for other Federal use

§ 2697 Acceptance and use of landing fees charged for use of military airfields by civil aircraft