Sec. 2001 Short title
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2014”.
Division B — Military Construction Authorizations
B Military Construction Authorizations
Sec. 2002 Expiration of authorizations and amounts required to be specified by law
Expiration of authorizations after three years— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII and title XXIX of this division for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
October 1, 2016; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2017.
Exception— Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
October 1, 2016; or
the date of the enactment of an Act authorizing funds for fiscal year 2017 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
Sec. 2003 Effective date
XXI Army Military Construction
Sec. 2101 Authorized Army construction and land acquisition projects
Inside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2103 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2103 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out the military construction project for the installation or location outside the United States, and in the amount, set forth in the following table:
Unspecified worldwide— Using amounts appropriated pursuant to the authorization of appropriations in section 2103 and available for military construction projects at unspecified worldwide locations as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table:
Sec. 2102 Family housing
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2103 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2103 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,408,000.
Sec. 2103 Authorization of appropriations, Army
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
Sec. 2104 Additional authority to carry out certain fiscal year 2004 project
Project authorization— In connection with the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of a Research and Development Loading Facility, the Secretary of the Army may carry out a military construction project in the amount of $4,500,000 to complete work on the facility within the initial scope of the project.
Use of unobligated prior-year army military construction funds— For the project described in subsection (a), the Secretary of the Army shall use unobligated Army military construction funds that were appropriated for a fiscal year before fiscal year 2014 and are available because of savings resulting from favorable bids.
Congressional notification— The Secretary of the Army shall provide information in accordance with section 2851(c) of title 10, United States Code, regarding the project described in subsection (a). If it becomes necessary to exceed the estimated project cost, the Secretary shall utilize the authority provided by section 2853 of such title regarding authorized cost and scope of work variations.
Sec. 2105 Modification of authority to carry out certain fiscal year 2010 project
In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2629) for Camp Arifjan, Kuwait, for construction of APS Warehouses, the Secretary of the Army may construct up to 74,976 square meters of hardstand parking, 22,741 square meters of access roads, a 6 megawatt power plant, and 50,724 square meters of humidity-controlled warehouses.
Sec. 2106 Modification of authority to carry out certain fiscal year 2011 project
In the case of the authorization contained in the table in section 2101(a) of the National Defense Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4437) for Joint Base Lewis-McCord, Washington, for construction of a Regional Logistics Support Complex, the Secretary of the Army may construct up to 98,381 square yards of Organizational Vehicle Parking.
Sec. 2107 Extension of authorizations of certain fiscal year 2010 projects
Extensions— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2627), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (126 Stat. 2628) and extended by section 2106 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2121), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later:
Table— The table referred to in subsection (a) is as follows:
Sec. 2108 Extension of authorizations of certain fiscal year 2011 projects
Extensions— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (124 Stat. 4437), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later:
Table— The table referred to in subsection (a) is as follows:
Sec. 2109 Transfer of Administrative Jurisdiction, Camp Frank D. Merrill, Dahlonega, Georgia
Transfer Required— Not later than September 30, 2014, the Secretary of Agriculture shall transfer to the administrative jurisdiction of the Secretary of the Army for required Army force protection measures certain Federal land administered as part of the Chattahoochee National Forest, but permitted to the Secretary of the Army for Camp Frank D. Merrill in Dahlonega, Georgia, consisting of approximately 282.304 acres identified in the permit numbered 0018–01.
Use of Transferred Land— Upon receipt of the land under subsection (a), the Secretary of the Army shall continue to use the land for military purposes.
Protection of the Etowah Darter and Holiday Darter— Nothing in the transfer required by subsection (a) shall affect the prior designation of lands within the Chattahoochee National Forest as critical habitat for the Etowah darter (Etheostoma etowahae) and the Holiday darter (Etheostoma brevirostrum).
Legal Description and Map—
Preparation and publication— The Secretary of Agriculture shall publish in the Federal Register a legal description and map of the land to be transferred under subsection (a) not later than 180 days of this Act’s enactment.
Force of law— The legal description and map filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct errors in the legal description and map.
Reimbursements of Costs— The transfer required by subsection (a) shall be made without reimbursement, except that the Secretary of the Army shall reimburse the Secretary of Agriculture for any costs incurred by the Secretary of Agriculture to prepare the legal description and map under subsection (c).
XXII Navy Military Construction
Sec. 2201 Authorized Navy construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2204 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2204 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:
Sec. 2202 Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2204 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,438,000.
Sec. 2203 Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $68,969,000.
Sec. 2204 Authorization of appropriations, Navy
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
Sec. 2205 Limitation on project authorization to carry out certain fiscal year 2014 project
The Secretary of the Navy may not obligate or expend any funds authorized in this title for land acquisition related to the Townsend Bombing Range near Savannah, Georgia, until the Secretary certifies in writing to the congressional defense committees that the Secretary has entered into mutually-acceptable agreements with the governments of Long and McIntosh Counties, Georgia, that—
include specific arrangements to mitigate any economic hardships to be incurred by the counties as a result of revenue loss caused by the acquisition; or
affirm that no compensation is required from the Secretary before the acquisition proceeds.
Sec. 2206 Modification of authority to carry out certain fiscal year 2011 project
In the case of the authorization contained in the table in section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4441) for Southwest Asia, Bahrain, for construction of Navy Central Command Ammunition Magazines, the Secretary of the Navy may construct additional Type C earth covered magazines (to provide a project total of eighteen), ten new modular storage magazines, an inert storage facility, a maintenance and ground support equipment facility, concrete pads for portable ready service lockers, and associated supporting facilities using appropriations available for the project.
Sec. 2207 Modification of authority to carry out certain fiscal year 2012 project
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666) for Kitsap, Washington, for construction of Explosives Handling Wharf No. 2, the Secretary of the Navy may construct new hardened facilities in lieu of hardening existing structures and a new facility to replace the existing Coast Guard Maritime Force Protection Unit and the Naval Undersea Warfare Command unhardened facilities using appropriations available for the project.
Sec. 2208 Extension of authorizations of certain fiscal year 2011 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (124 Stat. 4441), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
Table— The table referred to in subsection (a) is as follows:
XXIII Air Force Military Construction
Sec. 2301 Authorized Air Force construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2304 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2304 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2302 Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2304 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,267,000.
Sec. 2303 Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304 and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $72,093,000.
Sec. 2304 Authorization of appropriations, Air Force
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
Sec. 2305 Modification of authority to carry out certain fiscal year 2013 project
The table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2126) is amended in the item relating to Andersen Air Force Base, Guam, for construction of a hangar by striking “$58,000,000” in the amount column and inserting “$128,000,000”.
Sec. 2306 Limitation on project authorization to carry out certain fiscal year 2014 project
The Secretary of the Air Force may not obligate or expend any funds authorized in this title for the construction of a maintenance facility, a hazardous cargo pad, or an airport storage facility at Saipan, Commonwealth of the Northern Mariana Islands, until the Secretary certifies to Congress that the Secretary will purchase an interest in the real estate associated with these military construction projects.
Sec. 2307 Extension of authorization of certain fiscal year 2011 project
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
Table— The table referred to in subsection (a) is as follows:
XXIV Defense Agencies Military Construction
A Defense Agency Authorizations
Sec. 2401 Authorized Defense Agencies construction and land acquisition projects
Inside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Unspecified classified— Using amounts appropriated pursuant to the authorization of appropriations in section 2403 and available for military construction projects at unspecified worldwide locations as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table:
Sec. 2402 Authorized energy conservation projects
Inside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403 and available for energy conservation projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403 and available for energy conservation projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2403 Authorization of appropriations, Defense Agencies
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
B Chemical Demilitarization Authorizations
Sec. 2411 Authorization of appropriations, chemical demilitarization construction, defense-wide
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction and land acquisition for chemical demilitarization, as specified in the funding table in section 4601.
XXV North Atlantic Treaty Organization Security Investment Program
Sec. 2501 Authorized NATO construction and land acquisition projects
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
Sec. 2502 Authorization of appropriations, NATO
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.
XXVI Guard and Reserve Forces Facilities
A Project Authorizations and Authorization of Appropriations
Sec. 2601 Authorized Army National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2602 Authorized Army Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2603 Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2604 Authorized Air National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2605 Authorized Air Force Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2606 Authorization of appropriations, National Guard and Reserve
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
B Other Matters
Sec. 2611 Modification of authority to carry out certain fiscal year 2013 project
In the case of the authorization contained in the table in section 2603 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2135) for Fort Des Moines, Iowa, for construction of a Joint Reserve Center at that location, the Secretary of the Navy may, instead of constructing a new facility at Camp Dodge, acquire up to approximately 20 acres to construct a Joint Reserve Center and associated supporting facilities in the greater Des Moines, Iowa, area using amounts appropriated for the project pursuant to the authorization of appropriations in section 2606 of such Act (126 Stat. 2136).
Sec. 2612 Extension of authorizations of certain fiscal year 2011 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, and 2604 of that Act (124 Stat. 4452, 4453, 4454), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
Table— The table referred to in subsection (a) is as follows:
XXVII Base Realignment and Closure Activities
A Authorization of Appropriations
Sec. 2701 Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.
B Other Matters
Sec. 2711 Prohibition on conducting additional Base Realignment and Closure (BRAC) round
Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round, and none of the funds appropriated pursuant to the authorization of appropriations contained in this Act may be used to propose, plan for, or execute an additional BRAC round.
Sec. 2712 Elimination of quarterly certification requirement regarding availability of military health care in National Capital Region
Section 1674(c) of the Wounded Warrior Act (title XVI of Public Law 110–181; 122 Stat. 483) is amended by striking “on a quarterly basis”.
Sec. 2713 Consideration of the value of services provided by a local community to the Armed Forces as part of the economic analysis in making base realignment or closure decisions
As part of the economic analysis conducted in making any base realignment or closure decision under section 2687 of title 10, United States Code, or other base realignment or closure authority, or in making any decision under section 993 of such title to reduce the number of members of the armed forces assigned at a military installation, the Secretary of Defense shall include an accounting of the value of services, such as schools, libraries, and utilities, as well as land, structures, and access to infrastructure, such as airports and seaports, that are provided by the local community to the military installation and that result in cost savings for the Armed Forces.
XXVIII Military Construction General Provisions
A Military Construction Program and Military Family Housing Changes
Sec. 2801 Modification of authority to carry out unspecified minor military construction
Increased threshold for application of Secretory approval and congressional notification requirements— Subsection (b)(1) of section 2805 of title 10, United States Code, is amended by striking “$750,000” and inserting “$1,000,000”.
Increase in maximum amount of operation and maintenance funds authorized to be used for certain projects— Subsection (c)(1)(B) of such section is amended by striking “$750,000” and inserting “$1,000,000”.
Annual location adjustment of dollar limitations— Such section is further amended by adding at the end the following new subsection:
“(f) Adjustment of dollar limitations for location—Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project.”
Modification and extension of authority for laboratory revitalization projects—
In general— Subsection (d) of section 2805 of title 10, United States Code, is amended—
in paragraph (1)(A), by striking “not more than $2,000,000” and inserting “not more than $4,000,000, notwithstanding subsection (c)”;
in paragraph (2), by striking the first sentence and inserting the following: “For purposes of this subsection, an unspecified minor military construction project is a military construction project that (notwithstanding subsection (a)) has an approved cost equal to or less than $4,000,000.”; and
in paragraph (5), by striking “2016” and inserting “2020”.
Application to current projects— The amendments made by paragraph (1) do not apply to any laboratory revitalization project for which the design phase has been completed as of the date of the enactment of this Act.
Sec. 2802 Repeal of requirements for local comparability of room patterns and floor areas for military family housing and submission of net floor area information
Repeal— Section 2826 of title 10, United States Code, is repealed.
Clerical amendment— The table of sections at the beginning of subchapter II of chapter 169 of such title is amended by striking the item relating to section 2826.
Sec. 2803 Repeal of separate authority to enter into limited partnerships with private developers of housing
Repeal—
In general— Section 2837 of title 10, United States Code, is repealed.
Clerical amendment— The table of sections at the beginning of subchapter II of chapter 169 of such title is amended by striking the item relating to section 2837.
Effect on existing contracts— The repeal of section 2837 of title 10, United States Code, shall not affect the validity or terms of any contract in connection with a limited partnership under subsection (a) or a collateral incentive agreement under subsection (b) of such section entered into before the date of the enactment of this Act.
Effect on defense housing investment account— Any unobligated amounts remaining in the Defense Housing Investment Account on the date of the enactment of this Act shall be transferred to the Department of Defense Family Housing Improvement Fund. Amounts transferred shall be merged with amounts in such fund and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund.
Sec. 2804 Military construction standards to reduce vulnerability of structures to terrorist attack
Section 2859(a)(2) of title 10, United States Code, is amended by striking “develop construction standards designed” and inserting “develop construction standards that, taking into consideration the probability of a terrorist attack, are designed”.
Sec. 2805 Treatment of payments received for providing utilities and services in connection with use of alternative authority for acquisition and improvement of military housing
Crediting of payments— Section 2872a(c)(2) of title 10, United States Code, is amended by striking “from which the cost of furnishing the utilities or services concerned was paid” and inserting “available to the Secretary concerned to furnish utilities or services under subsection (a)”.
Application of amendment— The amendment made by subsection (a) shall apply only with respect to cash payments received under subsection (c)(1) of section 2872a of title 10, United States Code, as reimbursement for utilities or services furnished, after the date of the enactment of this Act, under subsection (a) of such section.
Sec. 2806 Repeal of advance notification requirement for use of military housing investment authority
Section 2875 of title 10, United States Code, is amended by striking subsection (e).
Sec. 2807 Additional element for annual report on military housing privatization projects
Section 2884(c)(3) of title 10, United States Code, is amended by inserting before the period at the end the following: “, to specifically include any variances associated with litigation costs”.
Sec. 2807A Department of Defense report on Military Housing Privatization Initiative
Not later than 90 days after enactment of this Act, the Secretary of Defense shall issue a report to Congress on the Military Housing Privatization Initiative under subchapter IV of chapter 169 of title 10, United States Code. The report shall include the details of any project where the project owner has outstanding local, county, city, town or State tax obligations dating back over 12 months, as determined by a final judgment by a tax authority.
Sec. 2808 Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States
Section 2808(h) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2804 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2149), is further amended—
in paragraph (1), by striking “September 30, 2013” and inserting “September 30, 2014”; and
in paragraph (2), by striking “fiscal year 2014” and inserting “fiscal year 2015”.
Sec. 2809 Development of master plans for major military installations
Section 2864 of title 10, United States Code, is amended—
in subsection (a)—
by striking “At a time” and inserting “(1) At a time”; and
by adding at the end the following new paragraph:
“(2) To address the requirements under paragraph (1), each installation master plan shall include consideration of—
“(A) planning for compact and infill development;
“(B) horizontal and vertical mixed-use development;
“(C) the full lifecycle costs of planning decisions;
“(D) healthy communities with a focus on walking, running and biking infrastructure, pedestrian and cycling plans, and community green and garden space; and
“(E) capacity planning through the establishment of growth boundaries around cantonment areas to focus development towards the core and preserve range and training space.”
in subsection (b)—
by striking “The transportation” and inserting “(1) The transportation”; and
by adding at the end the following new paragraph:
“(2) To address the requirements under subsection (a) and paragraph (1), each installation master plan shall include consideration of ways to diversify and connect transit systems that do not neglect the pedestrian realm and enable safe walking or biking.”
by redesignating subsection (c) as subsection (e); and
by inserting after subsection (b) the following new subsections:
“(c) Vertical mixed uses—A master plan for a major military installation shall be designed to strongly multi-story, mixed-use facility solutions that are sited in walkable complexes so as to avoid, when reasonable, single-purpose, inflexible facilities that are sited in a sprawling manner. Vertical mixed-use infrastructure can integrate government, non-government, or jointly financed construction within a single unit.
“(d) Savings clause—Nothing in this section shall supercede the requirements of section 2859(a) of this title.”
B Real Property and Facilities Administration
Sec. 2811 Codification of policies and requirements regarding closure and realignment of United States military installations in foreign countries
Redesignation of existing reporting requirement— Section 2687a of title 10, United States Code, is amended—
by redesignating paragraphs (1) and (2) of subsection (a) as subparagraphs (A) and (B), respectively;
by redesignating paragraphs (1), (2), and (3) of subsection (b) as subparagraphs (A), (B), and (C), respectively, and in subparagraph (A), as redesignated, by striking “subsection (a)(2)” and inserting “paragraph (1)(B)”;
by striking “(b) Report elements.—A report under subsection (a)” and inserting “(2) A report under paragraph (1)”; and
by striking “(a) Annual status report.—”and inserting “(b) Annual report on status of overseas closures and realignments and master plans.—(1)”.
Transfer of provisions—
Sense of congress— Subsection (a) of section 2921 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2687 note)—
is transferred to section 2687a of title 10, United States Code; and
is inserted after the heading of such section as subsection (a).
Other provisions— Subsections (c), (d), (f), and (g) of such section 2921—
are transferred to section 2687a of title 10, United States Code;
are inserted at the end of such section in that order; and
are redesignated as subsections (c), (d), (e), and (f) of such section; respectively.
Definitions— Section 2687a of title 10, United States Code, is further amended by adding after subsection (f), as added and redesignated by paragraph (2), the following new subsection:
“(g) Definitions—In this section:
“(1) 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.
“(2) 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.”
Conforming amendments— Section 2687a of title 10, United States Code, is further amended—
in subsection (c), as transferred and redesignated by subsection (b)(2)—
in paragraph (1)—
by striking “Establishment of”;
by striking the first sentence; and
in the second sentence, by striking “such account” and inserting “the Department of Defense Overseas Military Facility Investment Recovery Account”; and
in paragraph (2)(B), by striking “Armed Forces” and inserting “armed forces”;
in subsection (d), as transferred and redesignated by subsection (b)(2)—
in paragraph (1), by inserting “(Public Law 100–526; 10 U.S.C. 2687 note)” after “Realignment Act”; and
in paragraph (2)—
in subparagraph (A)(i), by striking “section 2685 of title 10, United States Code” and inserting “section 2685 of this title”; and
in paragraph (2), by striking “Armed Forces” both places it appears and inserting “armed forces”; and
in subsection (f), as transferred and redesignated by subsection (b)(2), by striking “section 480 of title 10, United States Code” in paragraph (3) and inserting “section 480 of this title 10”.
Repeal of superseded provisions—
Repeal— Section 2921 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2687 note) is repealed.
Treatment of special account— The repeal of such section shall not affect the Department of Defense Overseas Military Facility Investment Recovery Account established by subsection (c)(1) of such section, amounts in such account, or the continued use of such account as provided in section 2687a of title 10, United States Code, as amended by this section.
Sec. 2812 Report on utilization of Department of Defense real property
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the utilization of real property across the Department of Defense.
Elements of report— The report required by subsection (a) shall describe the following:
The strategy of the Department of Defense for maximizing utilization of existing facilities, progress implementing this strategy, and obstacles to implementing this strategy.
The efforts of the Department of Defense to systematically collect, process, and analyze data on real property utilization to aid in the planning and implementation of the strategy referred to in paragraph (1).
The number of underutilized Department facilities, to be defined as facilities rated less than 66 percent utilization, and unutilized Department facilities, to be defined as facilities rated at zero percent utilization, in the Real Property Inventory Database of the Department of Defense.
The annual cost of maintaining and improving such underutilized and unutilized Department facilities.
The efforts of the Department of Defense to dispose of underutilized and unutilized facilities.
Classified annex— The report required by subsection (a) may include a classified annex if necessary to fully describe the matters required by subsection (b).
Sec. 2813 Conditions on Department of Defense expansion of Piñon Canyon Maneuver Site, Fort Carson, Colorado
Findings— Congress finds the following:
Following Japan’s attack on Pearl Harbor, Fort Carson was established in 1942 and has since been a vital contributor to our Nation’s defense and a valued part of the State of Colorado.
The units at Fort Carson have served with a great honor and distinction in the current War on Terror.
The current Piñon Canyon Maneuver Site near Fort Carson, Colorado, plays an important role in training our men and women in uniform so they are as prepared and effective as possible before going off to war.
Conditions on expansion— The Secretary of Defense and the Secretary of the Army may not acquire any land to expand the size of the Piñon Canyon Maneuver Site near Fort Carson, Colorado, unless each of the following occurs:
The land acquisition is specifically authorized in an Act of Congress enacted after the date of the enactment of this Act.
Funds are specifically appropriated for the land acquisition.
The Secretary of Defense or the Secretary of the Army, as the case may be, completes an environmental impact statement with respect to the land acquisition.
C Energy Security
Sec. 2821 Continuation of limitation on use of funds for Leadership in Energy and Environmental Design (LEED) gold or platinum certification
Section 2830(b)(1) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1695), as amended by section 2823(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2153), is amended by striking “or 2013” and inserting “, 2013, or 2014”.
D Provisions Related to Asia-Pacific Military Realignment
Sec. 2831 Change from previous calendar year to previous fiscal year for period covered by annual report of Interagency Coordination Group of Inspectors General for Guam Realignment
Section 2835(e)(1) of the Military Construction Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2687 note) is amended in the first sentence by striking “calendar year” and inserting “fiscal year”.
Sec. 2832 Repeal of certain restrictions on realignment of Marine Corps forces in Asia-Pacific region
Section 2832 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2155) is repealed.
E Land Conveyances
Sec. 2841 Real property acquisition, Naval Base Ventura County, California
Authority— The Secretary of the Navy may acquire all right, title, and interest in and to real property, including improvements thereon, located at Naval Base Ventura County, California, that was initially constructed under the former section 2828(g) of title 10, United States Code (commonly known as the “Build to Lease program”), as added by section 801 of the Military Construction Authorization Act, 1984 (Public Law 98–115; 97 Stat 782).
Use— Upon acquiring the real property under subsection (a), the Secretary of the Navy may use the improvements as provided in sections 2835 and 2835a of title 10, United States Code.
Sec. 2842 Land conveyance, former Oxnard Air Force Base, Ventura County, California
Conveyance authorized— The Secretary of the Navy may convey, without consideration, to Ventura County, California (in this section referred to as the “County”), all right, title, and interest of the United States in and to the real property, including any improvements thereon, consisting of former Oxnard Air Force Base for the purpose of permitting the County to use the property for public purposes.
Payment of costs of conveyance—
Payment required— The Secretary of the Navy shall require the County to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the County.
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
Additional terms— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2843 Land conveyance, Philadelphia Naval Shipyard, Philadelphia, Pennsylvania
Conveyance authorized— The Secretary of the Navy may convey to the Philadelphia Regional Port Authority (in this section referred to as the “Port Authority”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately .595 acres located at the Philadelphia Naval Shipyard, Philadelphia, Pennsylvania. The Secretary may void any land use restrictions associated with the property to be conveyed under this subsection.
Consideration—
Amount and determination— As consideration for the conveyance under subsection (a), the Port Authority shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary. The Secretary’s determination of fair market value shall be final. In lieu of all or a portion of cash payment of consideration, the Secretary may accept in-kind consideration.
Treatment of cash consideration— The Secretary shall deposit any cash payment received under paragraph (1) in the special account in the Treasury established for that Secretary under subsection (e) of section 2667 of title 10, United States Code. The entire amount deposited shall be available for use in accordance with paragraph (1)(D) of such subsection.
Payment of costs of conveyance—
Payment required— The Secretary of the Navy shall require the Port Authority to reimburse the Secretary to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Port Authority.
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Compliance with environmental laws— Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
Description of property— The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
Additional terms and conditions— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2844 Land conveyance, Camp Williams, Utah
Conveyance required— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Interior, acting through the Bureau of Land Management, shall convey, without consideration, to the State of Utah all right, title, and interest of the United States in and to certain lands comprising approximately 420 acres, as generally depicted on a map entitled “Proposed Camp Williams Land Transfer” and dated June 14, 2011, which are located within the boundaries of the public lands currently withdrawn for military use by the Utah National Guard and known as Camp Williams, Utah, for the purpose of permitting the Utah National Guard to use the conveyed land as provided in subsection (c).
Supersedence of executive order— Executive Order No. 1922 of April 24, 1914, as amended by section 907 of the Camp W.G. Williams Land Exchange Act of 1989 (title IX of Public Law 101–628; 104 Stat. 4501), is hereby superseded, only insofar as it affects the lands identified for conveyance to the State of Utah under subsection (a).
Reversionary interest— The lands conveyed to the State of Utah under subsection (a) shall revert to the United States if the Secretary of Defense determines that the land, or any portion thereof, is sold or attempted to be sold, or that the land, or any portion thereof, is used for non-National Guard or non-national defense purposes.
Hazardous materials— With respect to any portion of the land conveyed under subsection (a) that the Secretary of Defense determines is subject to reversion under subsection (c), if the Secretary of Defense also determines that the portion of the conveyed land contains hazardous materials, the State of Utah shall pay the United States an amount equal to the fair market value of that portion of the land, and the reversionary interest shall not apply to that portion of the land.
Sec. 2845 Conveyance, Air National Guard radar site, Francis Peak, Wasatch Mountains, Utah
Conveyance authorized— The Secretary of the Air Force may convey, without consideration, to the State of Utah (in this section referred to as the “State”), all right, title, and interest of the United States in and to the structures, including equipment and any other personal property related thereto, comprising the Air National Guard radar site located on Francis Peak, Utah, for the purpose of permitting the State to use the structures to support emergency public safety communications, including 911 emergency response service for Northern Utah.
Payment of Costs of Conveyance—
Payment required— The Secretary of the Air Force may require the State to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts paid to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the State.
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Description of Property— The exact inventory of equipment and other personal property to be conveyed under subsection (a) shall be determined by the Secretary of the Air Force.
Time of conveyance— The conveyance under this section shall occur as soon as practicable after the date of the enactment of this Act. Until such time as the conveyance occurs, the Secretary of the Air Force shall take no action with regard to the structures described in subsection (a) that will result in the likely disruption of emergency communications by the State and local authorities.
Additional Terms and Conditions— The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Continuation of land use permit— The conveyance of the structures under subsection (a) shall not affect the validity and continued applicability of the land use permit, in effect on the date of the enactment of this Act, that was issued by the Forest Service for placement and use of the structures.
Duration of authority— The authority to make a conveyance under this section shall expire on the later of—
September 30, 2014; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015.
Sec. 2846 Land conveyance, former Fort Monroe, Hampton, Virginia
Sense of congress regarding need for conveyance— It is the sense of Congress that—
the historic features of former Fort Monroe in Hampton, Virginia, are being degraded because of the lack of Department of the Army facility sustainment associated with the former Fort Monroe; and
it is in the best interest of the Secretary of the Army and the Commonwealth of Virginia (in this section referred to as the “Commonwealth”) to expeditiously convey, consistent with the Fort Monroe Reuse Plan and the Programmatic Agreement dated April 27, 2009, certain portions of former Fort Monroe to the Commonwealth.
Conveyance authorized— Pursuant to 2905(b)(4) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), the Secretary of the Army shall convey to the Commonwealth all right, title, and interest of the United States in and to approximately 70.431 acres of real property at former Fort Monroe depicted as areas 4–1 and 4–2 on the map titled “Plat Showing 8 Parcels of Land Totaling +/-564.519 Acres Situated on Fort Monroe, Virginia, Boundary Survey”, prepared by the Norfolk District, Army Corps of Engineers, and dated August 17, 2009 (in this section referred to as the “Map”).
Timing of conveyance— The Secretary of the Army shall exercise the authority provided by subsection (b) only concurrent, as near in time as possible, with the reversion to the Commonwealth of approximately 371.77 acres of property depicted as areas 3 and 5 on the Map.
Conditions of conveyance— As a condition of the conveyance of real property under subsection (b)—
the Commonwealth shall enter into an agreement with the Secretary of the Army to share equally with the United States, after conveyance of property areas 4–1 and 4–2, the net proceeds derived from any subsequent conveyance of these parcels to third-party buyers or from any lease of areas 4–1 or 4–2, payable over a period of seven years following the conveyance by the Secretary;
the parties shall agree to transfer authority over the utility systems at Fort Monroe to the Commonwealth in return for receiving service on the same relative terms and conditions that the Department of the Army provided service during its ownership of the utilities; and
the Secretary will resolve all issues with Dominion Virginia Power and will be responsible for maintaining electrical service in its name until such resolution has been obtained.
Savings provision— Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
Additional terms and conditions— The parties may agree to such additional terms and conditions in connection with the conveyance under this section as the parties consider appropriate to protect their respective interests.
Sec. 2847 Land conveyance, Mifflin County United States Army Reserve Center, Lewistown, Pennsylvania
Conveyance authorized— The Secretary of the Army may convey, without consideration, to Derry Township, Pennsylvania (in this section referred to as the “Township”), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon and improvements related thereto, consisting of approximately 4.52 acres and containing the Mifflin County Army Reserve Center located at 73 Reserve Lane, Lewistown, Pennsylvania (parcel number 16,01–0113J), for the purpose of permitting the Township to use the parcel for a regional police headquarters or other public purposes.
Interim lease— Until such time as the real property described in subsection (a) is conveyed to the Township, the Secretary may lease the property to the Township.
Payment of costs of conveyance—
Payment required— The Secretary shall require the Township to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Township in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Township.
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Conditions of conveyance— The conveyance of the real property under subsection (a) shall be subject to the condition that the Township not use any Federal funds to cover—
any portion of the conveyance costs required by subsection (c) to be paid by the Township; or
to cover the costs for the design or construction of any facility on the property.
Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
Additional terms— The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.
F Other Matters
Sec. 2861 Repeal of annual Economic Adjustment Committee reporting requirement
Subsection (d) of section 4004 of the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 (division D of Public Law 101–510; 10 U.S.C. 2391 note), as amended by section 4212(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2664), is further amended—
by inserting “and” at the end of paragraph (1);
by striking “; and” at the end of paragraph (2) and inserting a period; and
by striking paragraph (3).
Sec. 2862 Redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies
Redesignation— The Department of Defense regional center for security studies known as the Asia-Pacific Center for Security Studies is hereby renamed the “Daniel K. Inouye Asia-Pacific Center for Security Studies”.
Conforming amendments—
Reference to regional centers for strategic studies— Section 184(b)(2)(B) of title 10, United States Code, is amended by striking “Asia-Pacific Center for Security Studies” and inserting “Daniel K. Inouye Asia-Pacific Center for Security Studies”.
Acceptance of gifts and donations— Section 2611(a)(2)(B) of such title is amended by striking “Asia-Pacific Center for Security Studies” and inserting “Daniel K. Inouye Asia-Pacific Center for Security Studies”.
References— Any reference to the Department of Defense Asia-Pacific Center for Security Studies in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Daniel K. Inouye Asia-Pacific Center for Security Studies.
Sec. 2863 Redesignation of the Graduate School of Nursing at the Uniformed Services University of the Health Sciences as the Daniel K. Inouye Graduate School of Nursing
Redesignation— The Graduate School of Nursing at the Uniformed Services University of the Health Sciences is hereby renamed the “Daniel K. Inouye Graduate School of Nursing”.
References— Any reference to the Graduate School of Nursing at the Uniformed Services University of the Health Sciences in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Daniel K. Inouye Graduate School of Nursing.
Sec. 2864 Renaming site of the Dayton Aviation Heritage National Historical Park, Ohio
Section 101(b)(5) of the Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C. 410ww(b)(5)) is amended by striking “Aviation Center” and inserting “National Museum”.
Sec. 2865 Designation of Distinguished Flying Cross National Memorial in Riverside, California
Findings— Congress finds the following:
The most reliable statistics regarding the number of members of the Armed Forces who have been awarded the Distinguished Flying Cross indicate that 126,318 members of the Armed Forces received the medal during World War II, approximately 21,000 members received the medal during the Korean conflict, and 21,647 members received the medal during the Vietnam War. Since the end of the Vietnam War, more than 203 Armed Forces members have received the medal in times of conflict.
The National Personnel Records Center in St. Louis, Missouri, burned down in 1973, and thus many more recipients of the Distinguished Flying Cross may be undocumented. Currently, the Department of Defense continues to locate and identify members of the Armed Forces who have received the medal and are undocumented.
The United States currently lacks a national memorial dedicated to the bravery and sacrifice of those members of the Armed Forces who have distinguished themselves by heroic deeds performed in aerial flight.
An appropriate memorial to current and former members of the Armed Forces is under construction at March Field Air Museum in Riverside, California.
This memorial will honor all those members of the Armed Forces who have distinguished themselves in aerial flight, whether documentation of such members who earned the Distinguished Flying Cross exists or not.
Designation— The memorial to members of the Armed Forces who have been awarded the Distinguished Flying Cross, located at March Field Air Museum in Riverside, California, is hereby designated as the Distinguished Flying Cross National Memorial.
Effect of designation— The national memorial designated by this section is not a unit of the National Park System, and the designation of the national memorial shall not be construed to require or permit Federal funds to be expended for any purpose related to the national memorial.
Sec. 2866 Establishment of military divers memorial at Washington Navy Yard
Memorial authorized— Consistent with the sense of the Congress expressed in section 2855 of the National Defense Authorization Act for Fiscal Year 2013, the Secretary of the Navy may permit a third party to establish and maintain, at a suitable location at the former Navy Dive School at the Washington Navy Yard in the District of Columbia, a memorial to honor the members of the United States Armed Forces who have served as divers and whose service in defense of the United States has been carried out beneath the waters of the world.
Location and design of monument— The actual location at the Washington Navy Yard for the memorial authorized by subsection (a) and the final design of the memorial shall be subject to the approval of the Secretary. In selecting the site to serve as the location for the memorial, the Secretary shall seek to maximize visitor access to the memorial.
Military support— The Secretary shall provide military ceremonial support at the dedication of the memorial authorized by subsection (a).
Use of federal funds prohibited— Federal funds may not be used to design, procure, prepare, install, or maintain the memorial authorized by subsection (a), but the Secretary may accept and expend contributions of non-Federal funds and resources for such purposes.
Sec. 2867 Inclusion of emblems of belief as part of military memorials
Inclusion of emblems of belief authorized— Chapter 21 of title 36, United States Code, is amended by adding at the end the following:
“2115. Inclusion of emblems of belief as part of military memorials
“(a) Authorized inclusion—For the purpose of honoring the sacrifice of members of the United States Armed Forces, including those members who make the ultimate sacrifice in defense of the United States, emblems of belief may be included as part of—
“(1) a military memorial that is established or acquired by the United States Government; or
“(2) a military memorial that is not established by the United States Government, but for which the American Battle Monuments Commission cooperated in the establishment of the memorial.
“(b) Scope of inclusion—When including emblems of belief as part of a military memorial, any approved emblem of belief may be included on such a memorial. The list of approved emblems of belief shall include, at a minimum, all those emblems of belief authorized by the National Cemetery Administration.
“(c) Definitions—In this section:
“(1) The terms “emblem of belief” and “emblems of belief” refer to the emblems of belief contained on the list maintained by the National Cemetery Administration for placement on Government-provided headstones and markers.
“(2) The term “military memorial” means a memorial or monument commemorating the service of the United States Armed Forces. The term includes works of architecture and art described in section 2105(b) of this title.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following:
XXIX Overseas Contingency Operations Military Construction
Sec. 2901 Authorized Army construction and land acquisition project
Outside the united states— The Secretary of the Army may acquire real property and carry out the military construction project for the installation outside the United States, and in the amount, set forth in the following table:
Use of unobligated prior-year military construction funds— To carry out the military construction project set forth in the table in subsection (a), the Secretary of Defense may make available to the Secretary of the Army available, unobligated military construction funds appropriated for a fiscal year before fiscal year 2014.
Congressional notification— The Secretary of the Army shall provide information in accordance with section 2851(c) of title 10, United States Code, regarding the military construction project set forth in the table in subsection (a). If it becomes necessary to exceed the estimated project cost, the Secretary shall utilize the authority provided by section 2853 of such title regarding authorized cost and scope of work variations.
Briefing on infrastructure to support Joint Task Force, Guantanamo—
Briefing required— The Secretary of Defense shall brief the congressional defense committees on each of the following:
A description of each of the following costs, broken down by fiscal year, for each of fiscal years 2002 through 2013:
The costs of constructing the permanent and temporary infrastructure to support the detention operations at such Naval Station.
The costs of facility repair, sustainment, maintenance, and operation of all infrastructure supporting the detention operations at such Naval Station.
The costs of military personnel, civilian personnel, and contractors associated with the detention operations at such Naval Station.
The costs of operation and maintenance, shown for each military department and account, associated with carrying out military commissions for individuals detained at such Naval Station.
The costs associated with the Office of the Deputy Assistant Secretary of Defense (Rule of Law and Detainee Policy), the Periodic Review Services, and studies and task forces funded by the Department of Defense that relate to the detention operations at such Naval Station.
Any other costs associated with supporting the detention operations at such Naval Station.
A master plan for the continuation of detention operations by Joint Task Force Guantanamo, at United States Naval Station, Guantanamo Bay, Cuba, during the time period beginning on the date of the enactment of this Act and ending on the date of the 66th birthday of the youngest individual who is detained at United States Naval Station, Guantanamo Bay, Cuba, on the date of the enactment of this Act, including—
a description of any infrastructure projects that the Secretary determines are required for the continuation of such detention operations, including new requirements and replacement of existing infrastructure;
an estimate of the total military personnel, civilian personnel, and contractor costs associated with the continuation of such detention operations;
an estimate of the total operation and maintenance costs associated with the continuation of such detention operations;
an estimate of the total costs associated with carrying out military commissions for individuals detained at such Naval Station; and
an estimate of any other costs associated with the continuation of such detention operations.
A cost estimate, itemized by construction project, of the infrastructure investments identified in the master plan described in subparagraph (B).
A detailed estimate of the annual costs projected to repair, sustain, and maintain the facilities that are in use by Joint Task Force, Guantanamo, as of the date of the enactment of this Act, or are identified in the master plan described in subparagraph (B).
Presidential plan— Not later than 120 days after the date of the enactment of this Act, the President shall submit to the congressional defense committees a plan describing each of the following:
The locations to which the President seeks to transfer individuals detained at Guantanamo who have been identified for continued detention or prosecution.
The individuals detained at Guantanamo who the President seeks to transfer to overseas locations, the overseas locations to which the President seeks to transfer such individuals, and the conditions under which the President would transfer such individuals to such locations.
The proposal of the President for the detention and treatment of individuals captured overseas in the future who are suspected of being terrorists.
The proposal of the President regarding the disposition of the individuals detained at the detention facility at Parwan, Afghanistan, who have been identified as enduring security threats to the United States.
For any location in the United States to which the President seeks to transfer such an individual, estimates of each of the following costs:
The costs of constructing infrastructure to support detention operations or prosecution at such location.
The costs of facility repair, sustainment, maintenance, and operation of all infrastructure supporting detention operations or prosecution at such location.
The costs of military personnel, civilian personnel, and contractors associated with the detention operations or prosecution at such location, including any costs likely to be incurred by other Federal departments or agencies or State or local governments.
Any other costs associated with supporting the detention operations or prosecution at such location.
XXX Military Land Transfers and Withdrawals to Support Readiness and Security
A Limestone Hills Training Area, Montana
Sec. 3001 Withdrawal and reservation of public lands for Limestone Hills Training Area, Montana
Withdrawal— Subject to valid existing rights and except as provided in this subtitle, the public lands and interests in lands described in subsection (c), and all other areas within the boundaries of such lands as depicted on the map provided for by subsection (d) that may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws.
Reservation; purpose— Subject to the limitations and restrictions contained in section 3003, the public lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes:
The conduct of training for active and reserve components of the Armed Forces.
The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training.
The conduct of training by the Montana Department of Military Affairs, except that any such use may not interfere with purposes specified in paragraphs (1) and (2).
The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions, except that any such use may not interfere with military training activities.
Other defense-related purposes consistent with the purposes specified in the preceding paragraphs.
Land Description— The public lands and interests in lands withdrawn and reserved by this section comprise approximately 18,644 acres in Broadwater County, Montana, as generally depicted as “Proposed Land Withdrawal” on the map titled “Limestone Hills Training Area Land Withdrawal”, dated April 10, 2013.
Legal description and map—
In general— As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall publish in the Federal Register a legal description of the public land withdrawn under subsection (a) and a copy of a map depicting the legal description of the withdrawn land.
Force of law— The legal description and map published under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description.
Reimbursement of costs— The Secretary of the Army shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior in implementing this subsection.
Indian tribes— Nothing in this subtitle shall be construed as altering any rights reserved for an Indian tribe for tribal use of lands within the military land withdrawal by treaty or Federal law. The Secretary of the Army shall consult with any Indian tribes in the vicinity of the military land withdrawal before taking action within the military land withdrawal affecting tribal rights or cultural resources protected by treaty or Federal law.
Sec. 3002 Management of withdrawn and reserved lands
During the period of the withdrawal and reservation specified in section 3005, the Secretary of the Army shall manage the public lands withdrawn by section 3001 for the purposes specified in subsection (b) of such section, subject to the limitations and restrictions contained in section 3003.
Sec. 3003 Special rules governing minerals management
Indian Creek Mine—
In general— Of the lands withdrawn by section 3001, locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM–78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. Of the lands withdrawn by section 3001, the land area subject to the approved plan of operations shall permanently remain open to the amendment or relocation of mining claims (or both) under the Act of May 10, 1872 (commonly known as the General Mining Act of 1872; 30 U.S.C. 22 et seq.) to the extent necessary to preserve the mining operations described in the approved plan of operations.
Restrictions on Secretary of the Army— The Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the defense-related uses of the lands covered by the military land withdrawal. The coordination of such disposition of and exploration for minerals with defense-related uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (c).
Removal of unexploded ordnance on lands To be mined—
Removal activities— Subject to the availability of funds appropriated for such purpose, the Secretary of the Army shall remove unexploded ordnance on lands withdrawn by section 3001 that are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a).
Report on removal activities— The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to this subsection. The report shall include—
the amounts of funding expended for unexploded ordnance removal on the lands withdrawn by section 3001; and
the identification of the lands cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior.
Implementation agreement for mining activities— The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The duration of the agreement shall be the same as the period of the withdrawal under section 3001, but may be amended from time to time. The agreement shall provide the following:
That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, is invited to be a party to the agreement.
Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area.
Provisions addressing when military and other authorized uses of the withdrawn lands will occur.
Provisions regarding when and where military use or training with explosive material will occur.
Provisions regarding the scheduling of training activities conducted within the withdrawn area that restrict mining activities and procedures for deconfliction with mining operations, including parameters for notification and sanction of anticipated changes to the schedule.
Provisions regarding liability and compensation for damages or injury caused by mining or military training activities.
Provisions for periodic review of the agreement for its adequacy, effectiveness, and need for revision.
Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area.
Procedures for scheduling of the removal of unexploded ordnance.
Existing memorandum of agreement— Until such time as the agreement required under subsection (c) becomes effective, the compatible joint use of the lands withdrawn and reserved by section 3001 shall be governed, to the extent compatible, by the terms of the 2005 Memorandum of Agreement among the Montana Army National Guard, Graymont Western US Inc. and the Bureau of Land Management.
Sec. 3004 Grazing
Issuance and administration of permits and leases— The issuance and administration of grazing permits and leases, including their renewal, on the public lands withdrawn by section 3001 shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases.
Safety requirements— With respect to any grazing permit or lease issued after the date of the enactment of this Act for lands withdrawn by section 3001, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands.
Assignment— The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn by section 3001.
Sec. 3005 Duration of withdrawal and reservation
The military land withdrawal made by section 3001 shall terminate on March 31, 2039.
Sec. 3006 Payments in lieu of taxes
The lands withdrawn by section 3001 shall remain eligible as entitlement land under section 6901 of title 31, United States Code.
Sec. 3007 Hunting, fishing and trapping
All hunting, fishing and trapping on the lands withdrawn by section 3001 shall be conducted in accordance with section 2671 of title 10, United States Code.
Sec. 3008 Water rights
Water rights— Nothing in this subtitle shall be construed—
to establish a reservation in favor of the United States with respect to any water or water right on lands withdrawn by section 3001; or
to authorize the appropriation of water on lands withdrawn by section 3001, except in accordance with applicable State law.
Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
Sec. 3009 Brush and range fire prevention and suppression
Required activities— The Secretary of the Army shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by section 3001, including fires outside those lands that spread from the withdrawn land and which occurred as a result of such activities.
Cooperation of secretary of the interior— At the request of the Secretary of the Army, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary of the Army. Notwithstanding section 2215 of title 10, United States Code, the Secretary of the Army may transfer to the Secretary of the Interior, in advance, funds to reimburse the costs of the Department of the Interior in providing such assistance.
Sec. 3010 On-going decontamination
During the withdrawal and reservation authorized by section 3001, the Secretary of the Army shall maintain, to the extent funds are available for such purpose, a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable Federal and State law. The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of title 10, United States Code.
Sec. 3011 Application for renewal of a withdrawal and reservation
Notice— To the extent practicable, no later than five years before the termination of the withdrawal and reservation made by section 3001, the Secretary of the Army shall notify the Secretary of the Interior whether the Secretary of the Army will have a continuing defense-related need for any of the lands withdrawn and reserved by section 3001 after the termination date of such withdrawal and reservation. The Secretary of the Army shall provide a copy of the notice to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives.
Filing for extension— If the Secretary of the Army concludes that there will be a continuing defense-related need for any of the withdrawn and reserved lands after the termination date, the Secretary of the Army shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals and reservations.
Sec. 3012 Limitation on subsequent availability of lands for appropriation
At the time of termination of a withdrawal and reservation made by section 3001, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened for such purposes.
Sec. 3013 Relinquishment
Notice of intention to relinquish— If, during the period of withdrawal and reservation under section 3001, the Secretary of the Army decides to relinquish any or all of the lands withdrawn and reserved, the Secretary of the Army shall file a notice of intention to relinquish with the Secretary of the Interior.
Determination of contamination— As a part of the notice under subsection (a), the Secretary of the Army shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances.
Public notice— The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish, including the determination concerning the contaminated state of the lands.
Decontamination of lands to be relinquished—
Conditions requiring decontamination— If land subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary of the Army, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that, upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, the Secretary of the Army shall decontaminate the land to the extent that funds are appropriated for such purpose.
Discretion if conditions not met— If the Secretary of the Interior, after consultation with the Secretary of the Army, concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment.
Response— If the Secretary of the Interior declines to accept the lands that have been proposed for relinquishment because of their contaminated state, or if at the expiration of the withdrawal and reservation made by section 3001 the Secretary of the Interior determines that some of the lands withdrawn and reserved are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws—
the Secretary of the Army shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands;
after the expiration of the withdrawal and reservation, the Secretary of the Army shall undertake no activities on such lands except in connection with decontamination of such lands; and
the Secretary of the Army shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this paragraph.
Revocation authority— Upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection (a), the Secretary of the Interior may order the revocation of the withdrawal and reservation made by section 3001 as it applies to such lands. The Secretary of the Interior shall publish in the Federal Register the revocation order, which shall—
terminate the withdrawal and reservation;
constitute official acceptance of the lands by the Secretary of the Interior; and
state the date upon which the lands will be opened to the operation of some or all of the public land laws, including the mining laws.
Acceptance by secretary of the interior— Nothing in this section shall be construed to require the Secretary of the Interior to accept the lands proposed for relinquishment if the Secretary determines that such lands are not suitable for return to the public domain. If the Secretary makes such a determination, the Secretary shall provide notice of the determination to Congress.
B White Sands Missile Range, New Mexico
Sec. 3021 Transfer of administrative jurisdiction, White Sands Missile Range, New Mexico
Transfer required— Not later than September 30, 2014, the Secretary of the Interior shall transfer to the administrative jurisdiction of the Secretary of the Army certain public land administered by the Bureau of Land Management in Dona Ana County, New Mexico, consisting of approximately 5,100 acres depicted as “Parcel 1” on the map titled “White Sands Missile Range Land Reservation” and dated January 4, 2013.
Use of transferred land— Upon the receipt of the land under subsection (a), the Secretary of the Army shall include the land as part of White Sands Missile Range, New Mexico, and authorize use of the land for military purposes.
Legal description and map—
Preparation and publication— The Secretary of the Interior shall publish in the Federal Register a legal description and map of the public land to be transferred under subsection (a).
Force of law— The legal description and map filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description.
Reimbursement of costs— The transfer required by subsection (a) shall be made without reimbursement, except that the Secretary of the Army shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to prepare the legal description and map under subsection (c).
Treatment of grazing leases— If a grazing permit or lease exists on the date of the enactment of this Act for any portion of the public land to be transferred under subsection (a), the Secretary of the Interior shall transfer or relocate the grazing allotments associated with the permit or lease to other public land, acceptable to the permit or lease holder, so that the grazing continues to have the same value to the holder.
Sec. 3022 Water rights
Water rights— Nothing in this subtitle shall be construed—
to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this subtitle; or
to authorize the appropriation of water on lands transferred by this subtitle except in accordance with applicable State law.
Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
Sec. 3023 Withdrawal
Subject to valid existing rights, the public land to be transferred under section 3021 is withdrawn from all forms of appropriation under the public land laws, including the mining laws and geothermal leasing laws, so long as the lands remain under the administrative jurisdiction of the Secretary of the Army.
C Naval Air Weapons Station China Lake, California
Sec. 3031 Transfer of administrative jurisdiction, Naval Air Weapons Station China Lake, California
Transfer required— Not later than September 30, 2014, the Secretary of the Interior shall transfer to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management in Inyo, Kern, and San Bernardino Counties, California, consisting of approximately 1,045,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on the map titled “Naval Air Weapons Station China Lake Withdrawal - Renewal” and dated 2012.
Use of transferred land— Upon the receipt of the land under subsection (a), the Secretary of the Navy shall include the land as part of the Naval Air Weapons Station China Lake, California, and authorize use of the land for military purposes.
Legal description and map—
Preparation and publication— The Secretary of the Interior shall publish in the Federal Register a legal description and map of the public land to be transferred under subsection (a).
Force of law— The legal description and map filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description and map.
Reimbursement of costs— The transfer required by subsection (a) shall be made without reimbursement, except that the Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to prepare the legal description and map under subsection (c).
Sec. 3032 Water rights
Water rights— Nothing in this subtitle shall be construed—
to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this subtitle; or
to authorize the appropriation of water on lands transferred by this subtitle except in accordance with applicable State law.
Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
Sec. 3033 Withdrawal
Subject to valid existing rights, the public land to be transferred under section 3031 is withdrawn from all forms of appropriation under the public land laws, including the mining laws and geothermal leasing laws, so long as the lands remain under the administrative jurisdiction of the Secretary of the Navy.
D Chocolate Mountain Aerial Gunnery Range, California
Sec. 3041 Transfer of administrative jurisdiction, Chocolate Mountain Aerial Gunnery Range, California
Transfer required— The Secretary of the Interior shall transfer to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management in Imperial and Riverside Counties, California, consisting of approximately 226,711 acres, as generally depicted on the map titled “Chocolate Mountain Aerial Gunnery Range Proposed–Withdrawal” dated 1987 (revised July 1993), and identified as WESTDIV Drawing No. C–102370, which was prepared by the Naval Facilities Engineering Command of the Department of the Navy and is on file with the California State Office of the Bureau of Land Management.
Valid existing rights— The transfer of administrative jurisdiction under subsection (a) shall be subject to any valid existing rights, including any property, easements, or improvements held by the Bureau of Reclamation and appurtenant to the Coachella Canal. The Secretary of the Navy shall provide for reasonable access by the Bureau of Reclamation for inspection and maintenance purposes not inconsistent with military training.
Time for conveyance— The transfer of administrative jurisdiction under subsection (a) shall occur pursuant to a schedule agreed to by the Secretary of the Interior and the Secretary of the Navy, but in no case later than the date of the completion of the boundary realignment required by section 3043.
Map and legal description—
Preparation and publication— The Secretary of the Interior shall publish in the Federal Register a legal description of the public land to be transferred under subsection (a).
Submission to congress— The Secretary of the Interior shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives—
a copy of the legal description prepared under paragraph (1); and
a map depicting the legal description of the transferred public land.
Availability for public inspection— Copies of the legal description and map filed under paragraph (2) shall be available for public inspection in the appropriate offices of—
the Bureau of Land Management;
the Office of the Commanding Officer, Marine Corps Air Station Yuma, Arizona;
the Office of the Commander, Navy Region Southwest; and
the Office of the Secretary of the Navy.
Force of law— The legal description and map filed under paragraph (2) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the legal description or map.
Reimbursement of costs— The transfer required by subsection (a) shall be made without reimbursement, except that the Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to prepare the legal description and map under this subsection.
Sec. 3042 Management and use of transferred land
Use of transferred land— Upon the receipt of the land under section 3041, the Secretary of the Navy shall administer the land as the Chocolate Mountain Aerial Gunnery Range, California, and continue to authorize use of the land for military purposes.
Protection of desert tortoise— Nothing in the transfer required by section 3041 shall affect the prior designation of certain lands within the Chocolate Mountain Aerial Gunnery Range as critical habitat for the desert tortoise (Gopherus Agassizii).
Withdrawal of Mineral Estate— Subject to valid existing rights, the mineral estate of the land to be transferred under section 3041 are withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, for as long as the land is under the administrative jurisdiction of the Secretary of the Navy.
Integrated natural resources management plan— Not later than one year after the transfer of the land under section 3041, the Secretary of the Navy, in cooperation with the Secretary of the Interior, shall prepare an integrated natural resources management plan pursuant to the Sikes Act (16 U.S.C. 670a et seq.) for the transferred land and for land that, as of the date of the enactment of this Act, is under the jurisdiction of the Secretary of the Navy underlying the Chocolate Mountain Aerial Gunnery Range.
Sec. 3043 Realignment of range boundary and related transfer of title
Realignment; purpose— The Secretary of the Interior and the Secretary of the Navy shall realign the boundary of the Chocolate Mountain Aerial Gunnery Range, as in effect on the date of the enactment of this Act, to improve public safety and management of the Range, consistent with the following:
The northwestern boundary of the Chocolate Mountain Aerial Gunnery Range shall be realigned to the edge of the Bradshaw Trail so that the Trail is entirely on public land under the jurisdiction of the Department of the Interior.
The centerline of the Bradshaw Trail shall be delineated by the Secretary of the Interior in consultation with the Secretary of the Navy, beginning at its western terminus at Township 8 South, Range 12 East, Section 6 eastward to Township 8 South, Range 17 East, Section 32 where it leaves the Chocolate Mountain Aerial Gunnery Range.
Transfers related to realignment— The Secretary of the Interior and the Secretary of the Navy shall make such transfers of administrative jurisdiction as may be necessary to reflect the results of the boundary realignment carried out pursuant to subsection (a).
Applicability of national environmental policy act of 1969— The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to any transfer of land made under subsection (b) or any decontamination actions undertaken in connection with such a transfer.
Decontamination— The Secretary of the Navy shall maintain, to the extent funds are available for such purpose and consistent with applicable Federal and State law, a program of decontamination of any contamination caused by defense-related uses on land transferred under subsection (b). The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of title 10, United States Code.
Timeline— The delineation of the Bradshaw Trail under subsection (a) and any transfer of land under subsection (b) shall occur pursuant to a schedule agreed to by the Secretary of the Interior and the Secretary of the Navy, but in no case later than two years after the date of the enactment of this Act.
Sec. 3044 Effect of termination of military use
Notice and effect— Upon a determination by the Secretary of the Navy that there is no longer a military need for all or portions of the land transferred under section 3041, the Secretary of the Navy shall notify the Secretary of the Interior of such determination. Subject to subsections (b), (c), and (d), the Secretary of the Navy shall transfer the land subject to such a notice back to the administrative jurisdiction of the Secretary of the Interior.
Contamination— Before transmitting a notice under subsection (a), the Secretary of the Navy shall prepare a written determination concerning whether and to what extent the land to be transferred are contaminated with explosive, toxic, or other hazardous materials. A copy of the determination shall be transmitted with the notice. Copies of the notice and the determination shall be published in the Federal Register.
Decontamination— The Secretary of the Navy shall decontaminate any contaminated land that is the subject of a notice under subsection (a) if—
the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that—
decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land); and
upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws; and
funds are appropriated for such decontamination.
Alternative— The Secretary of the Interior is not required to accept land proposed for transfer under subsection (a) if the Secretary of the Interior is unable to make the determinations under subsection (c)(1) or if Congress does not appropriate a sufficient amount of funds for the decontamination of the land.
Sec. 3045 Temporary extension of existing withdrawal period
Notwithstanding subsection (a) of section 806 of the California Military Lands Withdrawal and Overflights Act of 1994 (title VIII of Public Law 103–433; 108 Stat. 4505), the withdrawal and reservation of the land transferred under section 3041 shall not terminate until the date on which the land transfer required by section 3041 is executed.
Sec. 3046 Water rights
Water rights— Nothing in this subtitle shall be construed—
to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this subtitle; or
to authorize the appropriation of water on lands transferred by this subtitle except in accordance with applicable State law.
Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
E Marine Corps Air Ground Combat Center Twentynine Palms, California
Sec. 3051 Designation of Johnson Valley National Off-Highway Vehicle Recreation Area
Designation— The approximately 188,000 acres of public land and interests in land administered by the Secretary of the Interior through the Bureau of Land Management in San Bernardino County, California, as generally depicted as the “Johnson Valley Off-Highway Vehicle Recreation Area” on the map titled “Johnson Valley National Off-Highway Vehicle Recreation Area and Transfer of the Southern Study Area” and dated April 11, 2013, are hereby designated as the “Johnson Valley National Off-Highway Vehicle Recreation Area”.
Recreational and conservation use— The Johnson Valley National Off-Highway Vehicle Recreation Area is designated for the following purposes:
Public recreation (including off-highway vehicle use, camping, and hiking) when the lands are not used for military training as authorized by section 3052.
Natural resources conservation.
Withdrawal— The public land and interests in land included in the Johnson Valley National Off-Highway Vehicle Recreation Area are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws.
Treatment of existing rights— The designation of the Johnson Valley National Off-Highway Vehicle Recreation Area and the withdrawal of the public land and interests in land included in the Recreation Area are subject to valid existing rights.
Sec. 3052 Limited biannual Marine Corps Air Ground Combat Center Twentynine Palms use of Johnson Valley National Off-Highway Vehicle Recreation Area
Use for military purposes authorized— Subject to subsection (b), the Secretary of the Interior shall authorize the Secretary of the Navy to utilize portions of Johnson Valley National Off-Highway Vehicle Recreation Area twice in each calendar year for up to a total of 60 days per year for the following purposes:
Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces.
Individual and unit live-fire training ranges.
Equipment and tactics development.
Other defense-related purposes consistent with the purposes specified in the preceding paragraphs.
Conditions on military use—
Consultation and public participation requirements— Before the Secretary of the Navy requests the two time periods for military use of the Johnson Valley National Off-Highway Vehicle Recreation Area in a calendar year, the Secretary of the Navy shall—
consult with the Secretary of the Interior regarding the best times for military use to reduce interference with or interruption of nonmilitary activities authorized by section 3051(b); and
provide for public awareness of and participation in the selection process.
Public notice— The Secretary of the Navy shall provide advance, wide-spread notice before any closure of public lands for military use under this section.
Public safety— Military use of the Johnson Valley National Off-Highway Vehicle Recreation Area during the biannual periods authorized by subsection (a) shall be conducted in the presence of sufficient range safety officers to ensure the safety of military personnel and civilians.
Certain types of ordnance prohibited— The Secretary of the Navy shall prohibit the use of dud-producing ordnance in any military training conducted under subsection (a).
Implementing agreement—
Agreement required; required terms— The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement this section. The agreement shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision.
Additional terms— The agreement may provide for—
the integration of the management plans of the Secretary of the Interior and the Secretary of the Navy;
delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and
the sharing of resources in order to most efficiently and effectively manage the lands.
Duration— Any agreement for the military use of the Johnson Valley National Off-Highway Vehicle Recreation Area shall terminate not later than March 31, 2039.
Sec. 3053 Transfer of administrative jurisdiction, Southern Study Area, Marine Corps Air Ground Combat Center Twentynine Palms, California
Transfer required— Not later than September 30, 2014, the Secretary of the Interior shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management consisting of approximately 20,000 acres in San Bernardino County, California, as generally depicted as the “Southern Study Area” on the map referred to in section 3051.
Use of transferred land— Upon the receipt of the land under subsection (a), the Secretary of the Navy shall include the land as part of the Marine Corps Air Ground Combat Center Twentynine Palms, California, and authorize use of the land for military purposes.
Legal description and map—
Preparation and publication— The Secretary of the Interior shall publish in the Federal Register a legal description and map of the public land to be transferred under subsection (a).
Force of law— The legal description and map filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the legal description and map.
Reimbursement of costs— The Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to carry out this section.
Sec. 3054 Water rights
Water rights— Nothing in this subtitle shall be construed—
to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this subtitle; or
to authorize the appropriation of water on lands transferred by this subtitle except in accordance with applicable State law.
Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
F Naval Air Station Fallon, Nevada
Sec. 3061 Transfer of administrative jurisdiction, Naval Air Station Fallon, Nevada
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall transfer to the Secretary of the Navy, without consideration, the Federal land described in subsection (b).
Description of Federal land— The Federal land referred to in subsection (a) is the parcel of approximately 400 acres of land under the jurisdiction of the Secretary of the Interior that—
is adjacent to Naval Air Station Fallon in Churchill County, Nevada; and
was withdrawn under Public Land Order 6834 (NV–943–4214–10; N–37875).
Management— On transfer of the Federal land described under subsection (b) to the Secretary of the Navy, the Secretary of the Navy shall have full jurisdiction, custody, and control of the Federal land.
Sec. 3062 Water rights
Water rights— Nothing in this subtitle shall be construed—
to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this subtitle; or
to authorize the appropriation of water on lands transferred by this subtitle except in accordance with applicable State law.
Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
Sec. 3063 Withdrawal
Subject to valid existing rights, the Federal land to be transferred under section 3061 is withdrawn from all forms of appropriation under the public land laws, including the mining laws and geothermal leasing laws, so long as the land remains under the administrative jurisdiction of the Secretary of the Navy.