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 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.
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 installations or locations outside the United States, and in the amount, 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
Authorization of appropriations— 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.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the sum of the following:
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
$64,000,000 (the balance of the amount authorized under section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for cadet barracks increment 2 at the United States Military Academy, New York).
Sec. 2104 Limitation on construction of cadet barracks at United States Military Academy, New York
No amounts may be obligated or expended for the construction of increment 2 of the Cadet Barracks at the United States Military Academy, New York, as authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119), until the Secretary of the Army certifies to the congressional defense committees that the Secretary intends to award a contract for the renovation of MacArthur Short Barracks at the United States Military Academy concurrent with assuming beneficial occupancy of the renovated Scott Barracks at the United States Military Academy.
Sec. 2105 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.
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).
Sec. 2106 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. 2107 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 Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4437) for Fort Lewis, Washington, for construction of a Regional Logistic Support Complex at the installation, the Secretary of the Army may construct up to 98,381 square yards of Organizational Vehicle Parking.
Sec. 2108 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. 2109 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:
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
Authorization of appropriations— 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.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act and the projects described in paragraphs (2) and (3) of this subsection may not exceed the sum of the following:
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
$357,877,000 (the balance of the amount authorized under section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666) for an explosive handling wharf at Kitsap, Washington).
$68,196,000 (the balance of the amount authorized under section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2633) for ramp parking at Joint Region Marianas, Guam).
Sec. 2205 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. 2206 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. 2207 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
Authorization of appropriations— 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.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act and the project described in paragraph (2) of this subsection may not exceed the sum of the following:
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
$69,000,000 (the balance of the amount authorized under section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1670) for the United States Strategic Command Headquarters at Offutt Air Force Base, Nebraska).
Sec. 2305 Limitation on project authorization to carry out certain fiscal year 2014 project
No amounts may be obligated or expended for the construction of a maintenance facility, a hazardous cargo pad, or an airport storage facility in the Commonwealth of the Northern Mariana Islands, as authorized by section 2301(a), until the Secretary of the Air Force submits a report to the congressional defense committees that provides—
a summary of alternatives considered to support divert-field operations associated with Andersen Air Force Base;
a description of the overall construction requirements to support divert-field operations associated with Andersen Air Force Base and any other alternative considered; and
a comparison of the costs and benefits of leasing, as compared to purchasing real estate in fee, that supports the entirety of the divert-field requirement.
Sec. 2306 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. 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:
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
Authorization of appropriations— 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.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act and the projects described in paragraphs (2) through (11) of this subsection may not exceed the sum of the following:
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
$190,000,000 (the balance of the amount authorized under section 2401(a) for an Ambulatory Care Center at Fort Knox, Kentucky).
$135,000,000 (the balance of the amount authorized under section 2401(a) for a Public Health Command, Aberdeen Proving Ground, Maryland).
$45,600,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2128) for NSAW Recapitalize Building #1 at Fort Meade, Maryland).
$20,800,000 (the balance of the amount authorized under section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2129) for the Aegis Ashore Missile Defense System Complex at Deveselu, Romania).
$175,639,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1672) for a data center at Fort Meade, Maryland).
$11,500,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1672) for an Ambulatory Care Center Phase III at Joint Base Andrews, Maryland).
$134,900,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1672) for an Ambulatory Care Center Phase III at Joint Base San Antonio, Texas).
$715,863,000 (the balance of the amount authorized under section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1673) for a hospital at the Rhine Ordnance Barracks, Germany).
$412,869,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2640) for a hospital at Fort Bliss, Texas).
$41,913,000 (the balance of the amount authorized as a Military Construction, Defense-Wide project by title X of the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123 Stat. 1888) for a data center at Camp Williams, Utah).
B Chemical Demilitarization Authorizations
Sec. 2411 Authorization of appropriations, chemical demilitarization construction, defense-wide
Authorization of appropriations— 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.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under subsection (a) and the project described in paragraph (2) of this subsection may not exceed the sum of the following:
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
$36,433,000 (the balance of the amount authorized for ammunition demilitarization at Blue Grass Army Depot, Kentucky, by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as most recently amended by section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B Public Law 111–383; 124 Stat. 4450).
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
Authorization of appropriations— 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.
Limitation on commencing certain projects— No amounts may be obligated or expended for the projects associated with the 175th Network Warfare Squadron Facility at Fort Meade, Maryland, or the Cyber/ISR Facility at Martin State Airport, Maryland, as authorized by section 2604, until the date on which the Commander of the United States Cyber Command certifies to the congressional defense committees, and provides adequate supporting documentation, that—
the scope of the military construction projects referred to in this subsection is consistent with the organizational manning construct being developed by the United States Cyber Command;
units operating within such facilities will be trained to the readiness standards set by the Armed Force concerned and the United States Cyber Command for the missions to which these units will be assigned;
plans for proper mitigation measures will be implemented to prevent inadvertent disclosure of classified information; and
rules exist or will be developed to control access to classified systems operating pursuant to authorities under title 10, United States Code, when operations are conducted pursuant to authorities under title 32, United States Code.
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.
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 Report on 2005 base closure and realignment joint basing initiative
In general— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on the 2005 base closure and realignment joint basing initiative.
Elements— The report required under subsection (a) shall include the following elements:
An analysis and explanation of the costs necessary to implement the joint basing initiative.
An analysis and explanation of any savings achieved to date and planned in future years, including quantifiable goals and a timeline for meeting such goals.
A description of implementation challenges and other lessons learned.
An assessment of any additional savings that could be achieved through more rigorous management and streamlined administration of joint bases.
Any other matters the Under Secretary considers appropriate.
XXVIII Military Construction General Provisions
A Military Construction Program and Military Family Housing Changes
Sec. 2801 Modification and extension of authority to utilize unspecified minor military construction authority for laboratory revitalization projects
Modification and extension of authority— Section 2805(d) 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 “2018”.
No application to current projects— The amendments made by subsection (a) 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 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. 2803 Military construction standards to improve force protection
Consideration of other available security or force-Protection measures— 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 other security or force-protection measures available for the facility or military installation concerned, are designed”.
Report on current and additional security systems and technologies—
Report required— Not later than June 1, 2014, the Secretary of Defense shall submit to the congressional defense committees a report describing and evaluating—
current expeditionary physical barrier systems; and
new systems or technologies that are being used for, or can be adopted for use for, force protection, including providing blast protection for forces supporting contingency operations.
Elements— The report required by this subsection shall include the following:
A review of current and projected threats in connection with force protection, a description of any recent changes to policies on force protection, and an assessment of current planning methods on force protection, including standoff distances and physical barriers, to provide consistent and adequate levels of force protection.
An assessment of the use of expeditionary physical barrier systems to meet the goals of the combatant commands for force protection and force resiliency.
A description of the specifications developed by the Department of Defense to meet requirements for effectiveness, affordability, lifecycle management, and reuse or disposal of expeditionary physical barrier systems.
A description of the process used within the Department to ensure appropriate consideration of the decommissioning cost, environmental impact, and subsequent disposal of expeditionary physical barrier materials in the procurement process for such materials.
An assessment of the availability of new technologies or designs that improve the capabilities or lifecycle costs of expeditionary physical barrier systems.
Forms of report— The report required by this subsection shall be submitted in unclassified form, but may include a classified annex.
Sec. 2804 Application of cash payments received for utilities and services
Section 2872a(c)(2) of title 10, United States Code, is amended—
by striking “under paragraph (1) shall be” and all that follows through “was paid.” and inserting the following: “under paragraph (1) as reimbursement for the cost of furnishing utilities or services shall—
“(A) in the case of a cost paid using funds appropriated or otherwise made available before October 1, 2014, be credited to the appropriation or working capital account from which the cost of furnishing utilities or services concerned was paid; or
“(B) in the case of a cost paid using funds appropriated or otherwise made available on or after October 1, 2014, be credited to the appropriation or working capital account currently available for the purpose of furnishing utilities or services under subsection (a).”
by striking “Amounts so credited” and inserting the following:
“(3) Amounts credited under paragraph (2)”
Sec. 2805 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. 2806 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 unique variances associated with litigation costs”.
Sec. 2807 Policies and requirements regarding overseas military construction and closure and realignment of United States military installations in foreign countries
Overseas base closures and realignments and basing master plans— Section 2687a of title 10, United States Code, is amended to read as follows:
“2687a. Overseas base closures and realignments and basing master plans
“(a) Annual Report on Status of Overseas Closures and Realignments and Master Plans
“(1) At the same time that the budget is submitted under section 1105(a) of title 31 for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on—
“(A) the status of overseas base closure and realignment actions undertaken as part of a global defense posture realignment strategy; and
“(B) the status of development and execution of comprehensive master plans for overseas military main operating bases, forward operating sites, and cooperative security locations.
“(2) A report under paragraph (1) shall address the following:
“(A) How the master plans described in paragraph (1)(B) would support the security commitments undertaken by the United States pursuant to any international security treaty.
“(B) The impact of such plans on the current security environments in the combatant commands, including United States participation in theater security cooperation activities and bilateral partnership, exchanges, and training exercises.
“(C) Any comments of the Secretary of Defense resulting from an interagency review of these plans that includes the Department of State and other Federal departments and agencies that the Secretary of Defense considers necessary for national security.
“(b) Department of Defense Overseas Military Facility Investment Recovery Account
“(1) Except as provided in subsection (c), amounts paid to the United States, pursuant to any treaty, status of forces agreement, or other international agreement to which the United States is a party, for the residual value of real property or improvements to real property used by civilian or military personnel of the Department of Defense shall be deposited into the Department of Defense Overseas Military Facility Investment Recovery Account.
“(2) Money deposited in the Department of Defense Overseas Military Facility Investment Recovery Account shall be available to the Secretary of Defense for payment, as provided in appropriation Acts, of costs incurred by the Department of Defense in connection with—
“(A) military construction, facility maintenance and repair, and environmental restoration at military installations in the United States; and
“(B) military construction, facility maintenance and repair, and compliance with applicable environmental laws at military installations outside the United States at which the Secretary anticipates the United States will have an enduring presence.
“(3) Funds in the Department of Defense Overseas Facility Investment Recovery Account shall remain available until expended.
“(4) Not later than December 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report detailing all expenditures made from the Department of Defense Overseas Facility Investment Recovery Account during the preceding fiscal year.
“(c) Treatment of Amounts Corresponding to the Value of Property Purchased With Nonappropriated Funds—In the case of a payment referred to in subsection (b)(1) for the residual value of real property or improvements at an overseas military facility, the portion of the payment that is equal to the depreciated value of the investment made with nonappropriated funds shall be deposited in the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). The Secretary of Defense may use amounts in the account (in such an aggregate amount as is provided in advance by appropriation Acts) for the purpose of acquiring, constructing, or improving commissary stores and nonappropriated fund instrumentalities.
“(d) OMB Review of Proposed Overseas Basing Settlements
“(1) The Secretary of Defense may not enter into an agreement of settlement with a host country regarding the release to the host country of improvements made by the United States to facilities at an installation located in the host country until 30 days after the date on which the Secretary submits the proposed settlement to the Director of the Office of Management and Budget. The prohibition set forth in the preceding sentence shall apply only to agreements of settlement for improvements having a value in excess of $10,000,000. The Director shall evaluate the overall equity of the proposed settlement. In evaluating the proposed settlement, the Director shall consider such factors as the extent of the United States capital investment in the improvements being released to the host country, the depreciation of the improvements, the condition of the improvements, and any applicable requirements for environmental remediation or restoration at the installation.
“(2) Each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on each proposed agreement of settlement that was not submitted by the Secretary to the Director of the Office of Management and Budget in the previous year under paragraph (1) because the value of the improvements to be released pursuant to the proposed agreement did not exceed $10,000,000.
“(e) Congressional Oversight of use of Payments-In-Kind for construction or operations
“(1) Before concluding an agreement for acceptance of military construction or facility improvements as a payment-in-kind, the Secretary of Defense shall submit to the congressional defense committees a notification on the proposed agreement. Any such notification shall contain the following:
“(A) A description of the military construction project or facility improvement project.
“(B) An explanation of the military requirement to be satisfied with the project.
“(C) A certification that the project is included in the current future-years defense program.
“(2) Before concluding an agreement for acceptance of host nation support or host nation payment of operating costs of United States forces as a payment-in-kind, the Secretary of Defense shall submit to the congressional defense committees a notification on the proposed agreement. Any such notification shall contain the following:
“(A) A description of each activity to be covered by the payment-in-kind.
“(B) A certification that the costs to be covered by the payment-in-kind are included in the budget of one or more of the military departments or that it will otherwise be necessary to provide for payment of such costs in a budget of one or more of the military departments in the current or the next fiscal year.
“(3) When the Secretary of Defense submits a notification of a proposed agreement under paragraph (1) or (2), the Secretary may then enter into the agreement described in the notification only after the end of the 30-day period beginning on the date on which the notification is submitted or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.
“(f) Authorized Use of Payments-In-Kind
“(1) A military construction project, as defined in chapter 159 of this title, may be accepted as a payment-in-kind contribution pursuant to a bilateral agreement with a host country only if that military construction project is authorized by law.
“(2) Operations of United States forces may be funded through a payment-in-kind contribution under this section only if the costs covered by such payment are included in the budget justification documents for the Department of Defense submitted to Congress in connection with the budget submitted under 1105 of title 31.
“(3) If funds previously appropriated for a military construction project, facility improvement, or operating costs are subsequently addressed in an agreement for a payment-in-kind contribution, the Secretary of Defense shall return to the Treasury funds in the amount equal to the value of the appropriated funds.
“(4) This subsection does not apply to a military construction project that—
“(A) was specified in a bilateral agreement with a host country that was entered into prior to the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014;
“(B) was accepted as payment-in-kind for the residual value of improvements made by the United States at military installations released to the host country under section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–510; 10 U.S.C. 2687 note) prior to the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014; or
“(C) subject to paragraph (5), will cost less than the cost specified in subsection (a)(2) of section 2805 of this title for certain unspecified minor military construction projects.
“(5) In the case of a military construction project excluded pursuant to paragraph (4)(C) whose cost will exceed the cost specified in subsection (b) of section 2805 of this title for certain unspecified minor military construction projects, the congressional notification requirements and waiting period specified in paragraph (2) of such subsection shall apply.
“(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.
“(3) The term “nonappropriated funds” means funds received from—
“(A) the adjustment of, or surcharge on, selling prices at commissary stores fixed under section 2685 of this title; or
“(B) a nonappropriated fund instrumentality.
“(4) The term “nonappropriated fund instrumentality” means an instrumentality of the United States under the jurisdiction of the armed forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the armed forces.”
Repeal of superseded provisions related to overseas base closures and realignments—
Repeal; retention of sense of congress— Section 2921 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2687 note) is amended—
by striking “(a) Sense of Congress.—”; and
by striking subsections (b) through (g).
Treatment of special account— The repeal of subsection (c) of section 2921 of the National Defense Authorization Act for Fiscal Year 1991 by paragraph (1)(B) shall not affect the Department of Defense Overseas Military Facility Investment Recovery Account established by such subsection, 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 subsection (a) of this section.
Requirements related to payment-in-kind contributions pursuant to bilateral agreements with host countries— Section 2802 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d)
“(1) The requirement under subsection (a) that a military construction project must be authorized by law includes military construction projects funded through payment-in-kind contributions pursuant to a bilateral agreement with a host country.
“(2) The Secretary of Defense or the Secretary concerned shall include military construction projects covered under paragraph (1) in the budget justification documents for the Department of Defense submitted to Congress in connection with the budget for a fiscal year submitted under 1105 of title 31.
“(3) This subsection does not apply to a military construction project that—
“(A) was specified in a bilateral agreement with a host country that was entered into prior to the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014;
“(B) was accepted as payment-in-kind for the residual value of improvements made by the United States at military installations released to the host country under section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–510; 10 U.S.C. 2687 note) prior to the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014; or
“(C) will cost less than the cost specified in subsection (a)(2) of section 2805 of this title for certain unspecified minor military construction projects.
“(4) In the case of a military construction project excluded pursuant to paragraph (3)(C) whose cost will exceed the cost specified in subsection (b) of section 2805 of this title for certain unspecified minor military construction projects, the congressional notification requirements and waiting period specified in paragraph (2) of such subsection shall apply.”
Sec. 2808 Extension and modification of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States
Section 2808 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 subsection (a), by striking “The Secretary” and all that follows through “conditions:” and inserting “The Secretary of Defense may obligate appropriated funds available for operation and maintenance to carry out, inside the area of responsibility of the United States Central Command or certain countries in the area of responsibility of the United States Africa Command, a construction project that the Secretary determines meets each of the following conditions:”;
in subsection (c)(1), by striking “shall not exceed” and all that follows through the period at the end and inserting “shall not exceed $100,000,000 between October 1, 2013, and the earlier of December 31, 2014, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2015.”;
in subsection (h)—
in paragraph (1), by striking “September 30, 2013” and inserting “December 31, 2014”; and
in paragraph (2), by striking “fiscal year 2014” and inserting “fiscal year 2015”; and
by striking subsection (i) and inserting the following new subsection:
“(i) Certain countries in the area of responsibility of United States Africa Command defined—In this section, the term certain countries in the area of responsibility of the United States Africa Command means Kenya, Somalia, Ethiopia, Djibouti, Seychelles, Burundi, and Uganda.”
Sec. 2809 Limitation on construction projects in European Command area of responsibility
Limitation— Except as provided in subjection (b), the Secretary of Defense or the Secretary of a military department shall not award any contract in connection with a construction project authorized by this division to be carried out at an installation operated in the European Command area of responsibility until the Secretary of Defense certifies to the congressional defense committees that—
the installation and specific military construction requirement—
have been assessed as part of the basing assessment initiated by the Secretary of Defense on January 25, 2013 (known as the “European Infrastructure Consolidation Assessment”); and
have been determined, pursuant to such assessment, to be of an enduring nature; and
the specific military construction requirement most effectively meets combatant commander requirements at the authorized location.
Exceptions— Subsection (a) does not apply with respect to a construction project that—
is authorized by law before the date of the enactment of this Act;
is carried out at an installation located in Greenland;
is funded through the North Atlantic Treaty Organization Security Investment Program or intended to specifically support the North Atlantic Treaty Organization; or
is carried out under the authority of, and subject to the limits specified in, section 2805 of title 10, United States Code.
B Real Property and Facilities Administration
Sec. 2811 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 real property planning decisions; and
“(D) 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.”
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following new subsection:
“(c) Savings clause—Nothing in this section shall supersede the requirements of section 2859(a) of this title.”
Sec. 2812 Authority for acceptance of funds to cover administrative expenses associated with real property leases and easements
Authority— Subsection (e)(1)(C) of section 2667 of title 10, United States Code, is amended by adding at the end the following new clause:
“(vi) Administrative expenses incurred by the Secretary concerned under this section and for easements under section 2668 of this title.”
Administrative expenses defined— Subsection (i) of such section is amended—
by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and
by inserting before paragraph (2), as so redesignated, the following new paragraph (1):
“(1) The term administrative expenses means only those expenses related to assessing, negotiating, executing, and managing lease and easement transactions. The term does not include any Government personnel costs.”
Sec. 2813 Modification of authority to enter into long-term contracts for receipt of utility services as consideration for utility systems conveyances
Section 2688(d)(2) of title 10, United States Code, is amended by adding at the end the following new sentence: “The determination of cost effectiveness shall be made using a business case analysis that includes an independent estimate of the level of investment that should be required to maintain adequate operation of the utility system over the proposed term of the contract.”.
Sec. 2814 Report on efficient 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 efficient 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 efficient 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 the efficient utilization of real property 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. 2815 Conditions on Department of Defense expansion of Piñon Canyon Maneuver Site, Fort Carson, Colorado
The Secretary of Defense and the Secretary of the Army may not acquire, by purchase, condemnation, or other means, 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 and the Secretary of the Army comply with the environmental review requirements of section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) with respect to the land acquisition.
C Provisions Related to Asia-Pacific Military Realignment
Sec. 2821 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. 2822 Realignment of Marines Corps forces in Asia-Pacific Region
Restriction on use of funds— Except as provided in subsection (b), none of the funds authorized to be appropriated under this Act, and none of the amounts provided by the Government of Japan for construction activities on land under the jurisdiction of the Department of Defense, may be obligated to implement the realignment of Marine Corps forces from Okinawa to Guam or Hawaii until the Secretary of Defense submits to the congressional defense committees each of the following:
The report required by section 1068(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1945).
Master plans for the construction of facilities and infrastructure to execute the Marine Corps distributed lay-down on Guam and Hawaii, including a detailed description of costs and the schedule for such construction.
A plan, coordinated by all pertinent Federal agencies, detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the non-military utilities, facilities, and infrastructure, if any, on Guam affected by the realignment of forces.
Exceptions to restriction on use of funds— Notwithstanding subsection (a), the Secretary of Defense may use funds described in such subsection for the following purposes:
To complete additional analysis or studies required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for proposed actions on Guam or Hawaii.
To initiate planning and design of construction projects on Guam.
To carry out any military construction project for which an authorization of appropriations is provided in section 2204, as specified in the funding table in section 4601.
To carry out the construction of a utility and site improvement project to support the North Ramp expansion at Andersen Air Force Base.
Restriction on development of public infrastructure— If the Secretary of Defense determines that any grant, cooperative agreement, transfer of funds to another Federal agency, or supplement of funds available in fiscal year 2014 under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replacement, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure on Guam, the Secretary of Defense may not carry out such grant, transfer, cooperative agreement, or supplemental funding unless such grant, transfer, cooperative agreement, or supplemental funding is specifically authorized by law.
Economic adjustment committee consideration of additional Guam public infrastructure funding sources—
Convening of committee— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, as the chairperson of the Economic Adjustment Committee established in Executive Order No. 127887 (10 U.S.C. 2391 note), shall convene the Economic Adjustment Committee to consider assistance, including assistance to support public infrastructure requirements, necessary to support the preferred alternative for the relocation of Marine Corps forces to Guam.
Report required— Not later than the date on which the Record of Decision for the relocation of Marine Corps forces to Guam associated with the “Guam and CNMI Military Relocation (2012 Roadmap Adjustments) Supplemental Environmental Impact Statement” is issued, the Secretary of Defense shall submit to the congressional defense committees a report—
describing the results of the Economic Adjustment Committee deliberations required by paragraph (1); and
containing an implementation plan to support the preferred alternative for the relocation of Marine Corps forces to Guam.
Definitions— In this section:
Distributed lay-down— The term distributed lay-down refers to the planned distribution of members of the Marine Corps in Okinawa, Guam, Hawaii, Australia, and possibly elsewhere that is contemplated in support of the joint statement of the United States–Japan Security Consultative Committee issued April 26, 2012, in the District of Columbia (April 27, 2012, in Tokyo, Japan) and revised on October 3, 2013, in Tokyo.
Master plan— The term “master plan” means documentation that provides the scope, cost, and schedule for each military construction project.
Public infrastructure— The term public infrastructure means any utility, method of transportation, item of equipment, or facility under the control of a public entity or State or local government that is used by, or constructed for the benefit of, the general public.
Repeal of superseded law— Section 2832 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2155) is repealed.
D Land Conveyances
Sec. 2831 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. 2832 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.
Condition on use of revenues— If the property conveyed under subsection (a) is used, consistent with such subsection, for a public purpose that results in the generation of revenue for the County, the County shall agree to use the generated revenue only for airport purposes by depositing the revenues in an airport fund designated for airport use.
Payment of costs of conveyance—
Payment required— The Secretary of the Navy shall require the County to cover costs 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.
Reversionary interest— If the Secretary of the Navy determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in subsection (a) or that the County has violated the condition on the use of revenues imposed by subsection (b), all right, title, and interest in and to such real property, including any improvements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
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. 2833 Land conveyance, Joint Base Pearl Harbor-Hickam, Hawaii
Conveyances authorized— The Secretary of the Navy may convey to the Hale Keiki School all right, title, and interest of the United States, or any portion thereof, in and to certain real property, including any improvements thereon, consisting of approximately 11 acres located at or in the nearby vicinity of 153 Bougainville Drive, Honolulu, Hawaii (City and County of Honolulu Tax Map Key No. 9–9–02:37), which is part of the Joint Base Pearl Harbor-Hickam, before such real property, or any portion thereof, is made available for transfer pursuant to the Hawaiian Home Lands Recovery Act (title II of Public Law 104–42; 109 Stat. 357), for use by any other Federal agency, or for disposal under applicable laws.
Consideration— As consideration for a conveyance under subsection (a), the Hale Keiki School shall provide the United States, whether by cash payment, in-kind consideration described in section 2667(c) of title 10, United States Code, or a combination thereof, an amount that is not less than the fair market value of the conveyed property, as determined pursuant to an appraisal acceptable to the Secretary.
Exercise of right to purchase property—
Acceptance of offer— For a period of 180 days beginning on the date the Secretary makes a written offer to convey the property or any portion thereof under subsection (a), the Hale Keiki School shall have the exclusive right to accept such offer by providing written notice of acceptance to the Secretary within the specified 180-day time period. If the Secretary’s offer is not so accepted within the 180-day period, the offer shall expire.
Conveyance deadline— If the Hale Keiki School accepts the offer to convey the property or a portion thereof in accordance with paragraph (1), the conveyance shall take place not later than two years after the date of the Hale Keiki School's written acceptance. The Secretary and the Hale Keiki School, by mutual agreement, may extend the two-year conveyance deadline for a reasonable period of time, as evidenced by a new lease or license executed by the parties before the deadline.
Payment of costs of conveyances—
Payment required— The Secretary shall require the Hale Keiki School to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out a conveyance under subsection (a), including survey costs, related to the conveyance. If amounts are collected from the Hale Keiki School 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 Hale Keiki School. The Secretary may collect the costs from the Hale Keiki School in advance of incurring any costs and may pay the administrative costs of processing the conveyance as they are incurred or at any time thereafter.
Assumption of risk of paying costs of conveyance— In the event that the conveyance is not completed by the deadline set forth in subsection (c)(2), including any extension thereof, the amounts collected from the Hale Keiki School under paragraph (1) will not be refunded or reimbursed. The Hale Keiki School shall be considered to have assumed the risk of paying all costs of processing the conveyance after the offer has been accepted by the Hale Keiki School, regardless of whether or not the conveyance is ever completed.
Treatment of amounts received— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out a conveyance under subsection (a) 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 acreage and legal description of any real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
Additional term and conditions— The Secretary may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2834 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 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 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.
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. 2835 Land conveyance, Camp Williams, Utah
Conveyance authorized— The Secretary of the Interior, acting through the Bureau of Land Management, may 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 for military purposes.
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 conveyed to the State of Utah under subsection (a).
Reversionary interest— If the Secretary of the Army, in consultation with the Secretary of the Interior, determines at any time that the lands conveyed under subsection (a), or any portion thereof, are sold or attempted to be sold, or that the lands, or any portion thereof, are not being used in a manner consistent with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the lands shall, at the option of the Secretary of the Army, in consultation with the Secretary of the Interior, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto the lands. A determination under this subsection shall be made on the record after an opportunity for a hearing.
Additional terms— The Secretary of the Interior, in consultation with the Secretary of the Army, may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary of the Interior considers appropriate to protect the interests of the United States.
Sec. 2836 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.
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. 2837 Land conveyances, former United States Army Reserve Centers, Connecticut, New Hampshire, and Pennsylvania
Conveyances authorized— The Secretary of the Army may convey, without consideration, all right, title, and interest of the United States in and to the parcels of real property described in paragraphs (1) through (4), including any improvements thereon and easements related thereto, to the entity specified in such a paragraph for the corresponding parcel and for the purposes specified in such paragraph:
Approximately 5.11 acres and improvements known as the LT John S. Turner Army Reserve Center in Fairfield, Connecticut, to the City of Fairfield, Connecticut, for the public benefit of a public park or recreational use.
Approximately 6.9 acres and improvements known as the Paul J. Sutcovoy Army Reserve Center in Waterbury, Connecticut, to the City of Waterbury, Connecticut, for the public benefit of emergency services and public safety activities.
Approximately 3.4 acres and improvements known as the Paul A. Doble Army Reserve Center in Portsmouth, New Hampshire, to the City of Portsmouth, New Hampshire, for the public benefit of a public park or recreational use.
Approximately 4.52 acres and containing the Mifflin County Army Reserve Center located at 73 Reserve Lane, Lewistown, Pennsylvania (parcel number 16,01–0113J) to Derry Township, Pennsylvania for a regional police headquarters or other purposes of public benefit.
Terms applicable to Mifflin County Army Reserve Center conveyance—
Interim lease— Until such time as the real property described in subsection (a)(4) is conveyed to Derry Township, Pennsylvania, the Secretary of the Army may lease the property to the Township.
Conditions of conveyance— The conveyance of the real property under subsection (a)(4) shall be subject to the condition that Derry Township, Pennsylvania, not use any Federal funds to cover—
any portion of the conveyance costs required by subsection (d) to be paid by the Township; or
to cover the costs for the design or construction of any facility on the property.
Reversion; exception—
Reversion— The deed of conveyance for a parcel of real property conveyed under this section shall provide that all of the property be used and maintained for the purpose for which it was conveyed, as specified in subsection (a). If the Secretary of the Army determines at any time that the real property is no longer used or maintained in accordance with the purpose of the conveyance, all right, title, and interest in and to the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this paragraph shall be made on the record after an opportunity for hearing.
Payment of consideration in lieu of reversion— In lieu of exercising the right of reversion retained under paragraph (1) with respect to a parcel of real property conveyed under this section, the Secretary may require the recipient of the property to pay to the United States an amount equal to the fair market value of the property conveyed. The fair market value of the property shall be determined by the Secretary.
Treatment of cash consideration— Any cash payment received by the United States under paragraph (2) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection.
Payment of costs of conveyance—
Payment required— The Secretary of the Army shall require the recipient of a parcel of real property conveyed under this section to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance of the property, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the recipient of the property 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 of the property, the Secretary shall refund the excess amount to the recipient of the property.
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 conveyances under this section. 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 properties— The exact acreage and legal description of a parcel of real property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary of the Army.
Additional terms— The Secretary of the Army may require such additional terms and conditions in connection with the conveyance of a parcel of real property under this section as the Secretary considers appropriate to protect the interests of the United States.
E Other Matters
Sec. 2841 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. 2842 Establishment of military divers memorial
Memorial authorized— The Secretary of the Navy may permit a third party to establish and maintain 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.
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.
Location of memorial—
In general— Consistent with the sense of the Congress expressed in section 2855 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2162), the Secretary may permit the memorial authorized by subsection (a) to be established—
at a suitable location at the former Navy Dive School at the Washington Navy Yard in the District of Columbia; or
at another suitable location under the jurisdiction of the Secretary.
Condition— The memorial authorized by subsection (a) may not be established at any location under the jurisdiction of the Secretary until the Secretary determines that an assured source of non-Federal funding has been established for the design, procurement, installation, and maintenance of the memorial.
Design of memorial— The final design of the memorial authorized by subsection (a) shall be subject to the approval of the Secretary.
XXIX Withdrawal, Reservation, and Transfer of Public Lands to Support Military Readiness and Security
Sec. 2901 Short title
This title may be cited as the “Military Land Withdrawals Act of 2013”.
Sec. 2902 Definitions
In this title:
Indian tribe— The term “Indian tribe” has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
Manage; management—
Inclusions— The terms “manage” and “management” include the authority to exercise jurisdiction, custody, and control over the land withdrawn and reserved by this title.
Exclusions— The terms “manage” and “management” do not include authority for disposal of the land withdrawn and reserved by this title.
Secretary concerned— The term “Secretary concerned” has the meaning given the term in section 101(a) of title 10, United States Code.
A General Provisions
Sec. 2911 General applicability; definitions
Sec. 2912 Maps and legal descriptions
Preparation of maps and legal descriptions— As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall—
publish in the Federal Register a notice containing the legal descriptions of the land withdrawn and reserved by this title; and
file maps and legal descriptions of the land withdrawn and reserved by this title with—
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.
Legal effect— The maps and legal descriptions filed under subsection (a)(2) shall have the same force and effect as if the maps and legal descriptions were included in this title, except that the Secretary of the Interior may correct any clerical and typographical errors in the maps and legal descriptions.
Availability— Copies of the maps and legal descriptions filed under subsection (a)(2) shall be available for public inspection—
in the appropriate offices of the Bureau of Land Management;
in the office of the commanding officer of the military installation for which the land is withdrawn; and
if the military installation is under the management of the National Guard, in the office of the Adjutant General of the State in which the military installation is located.
Costs— The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this section.
Sec. 2913 Access restrictions
Authority to impose restrictions— If the Secretary concerned determines that military operations, public safety, or national security require the closure to the public of any road, trail, or other portion of land withdrawn and reserved by this title, the Secretary may take such action as the Secretary determines to be necessary to implement and maintain the closure.
Limitation— Any closure under subsection (a) shall be limited to the minimum area and duration that the Secretary concerned determines are required for the purposes of the closure.
Consultation required—
In general— Subject to paragraph (3), before a closure is implemented under this section, the Secretary concerned shall consult with the Secretary of the Interior.
Indian tribe— Subject to paragraph (3), if a closure proposed under this section may affect access to or use of sacred sites or resources considered to be important by an Indian tribe, the Secretary concerned shall consult, at the earliest practicable date, with the affected Indian tribe.
Limitation— No consultation shall be required under paragraph (1) or (2)—
if the closure is provided for in an integrated natural resources management plan, an installation cultural resources management plan, or a land use management plan; or
in the case of an emergency, as determined by the Secretary concerned.
Notice— Immediately preceding and during any closure implemented under subsection (a), the Secretary concerned shall post appropriate warning notices and take other appropriate actions to notify the public of the closure.
Sec. 2914 Changes in use
Other uses authorized— In addition to the purposes described in a subtitle of this title applicable to the land withdrawal and reservation made by that subtitle, the Secretary concerned may authorize the use of land withdrawn and reserved by this title for defense-related purposes.
Notice to secretary of the interior—
In general— The Secretary concerned shall promptly notify the Secretary of the Interior if the land withdrawn and reserved by this title is used for additional defense-related purposes.
Requirements— A notification under paragraph (1) shall specify—
each additional use;
the planned duration of each additional use; and
the extent to which each additional use would require that additional or more stringent conditions or restrictions be imposed on otherwise-permitted nondefense-related uses of the withdrawn and reserved land or portions of withdrawn and reserved land.
Sec. 2915 Brush and range fire prevention and suppression
Required activities— Consistent with any applicable land management plan, the Secretary concerned shall take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the land withdrawn and reserved by this title, including fires that occur on other land that spread from the withdrawn and reserved land.
Cooperation of secretary of the interior—
In general— At the request of the Secretary concerned, the Secretary of the Interior shall provide assistance in the suppression of fires under subsection (a). The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in providing such assistance.
Transfer of funds— Notwithstanding section 2215 of title 10, United States Code, the Secretary concerned may transfer to the Secretary of the Interior, in advance, funds to be used to reimburse the costs of the Department of the Interior in providing assistance under this subsection.
Sec. 2916 Ongoing decontamination
Program of decontamination required— During the period of a withdrawal and reservation of land under this title, the Secretary concerned shall maintain, to the extent funds are available to carry out this subsection, a program of decontamination of contamination caused by defense-related uses on the withdrawn land. The decontamination program shall be carried out consistent with applicable Federal and State law.
Annual report— The Secretary of Defense shall include in the annual report required by section 2711 of title 10, United States Code, a description of decontamination activities conducted under subsection (a).
Sec. 2917 Water rights
No reservation of water rights— Nothing in this title—
establishes a reservation in favor of the United States with respect to any water or water right on the land withdrawn and reserved by this title; or
authorizes the appropriation of water on the land withdrawn and reserved by this title, except in accordance with applicable State law.
Effect on previously acquired or reserved water rights—
In general— Nothing in this section affects any water rights acquired or reserved by the United States before the date of enactment of this Act on the land withdrawn and reserved by this title.
Authority of Secretary concerned— The Secretary concerned may exercise any water rights described in paragraph (1).
Sec. 2918 Hunting, fishing, and trapping
Section 2671 of title 10, United States Code, shall apply to all hunting, fishing, and trapping on the land—
that is withdrawn and reserved by this title; and
for which management of the land has been assigned to the Secretary concerned.
Sec. 2919 Limitation on extensions and renewals
The withdrawals and reservations established under this title may not be extended or renewed except by a law enacted after the date of enactment of this Act.
Sec. 2920 Application for renewal of a withdrawal and reservation
To the extent practicable, not later than five years before the date of termination of a withdrawal and reservation made by a subtitle of this title, the Secretary concerned shall—
notify the Secretary of the Interior as to whether the Secretary concerned will have a continuing defense-related need for any of the land withdrawn and reserved by that subtitle after the termination date of the withdrawal and reservation; and
transmit a copy of the notice submitted under paragraph (1) 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.
Sec. 2921 Limitation on subsequent availability of land for appropriation
On the termination of a withdrawal and reservation made by this title, the previously withdrawn land shall not be open to any form of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, unless the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date on which the land shall be—
restored to the public domain; and
opened for appropriation under the public land laws.
Sec. 2922 Relinquishment
Notice of intention To relinquish— If, during the period of withdrawal and reservation made by a subtitle of this title, the Secretary concerned decides to relinquish any or all of the land withdrawn and reserved by that subtitle, the Secretary concerned shall submit to the Secretary of the Interior notice of the intention to relinquish the land.
Determination of contamination— The Secretary concerned shall include in the notice submitted under subsection (a) a written determination concerning whether and to what extent the land that is to be relinquished is 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 the land under this section, including the determination concerning the contaminated state of the land.
Decontamination of land To be relinquished—
Decontamination required— The Secretary concerned shall decontaminate land subject to a notice of intention under subsection (a) to the extent that funds are appropriated for that purpose, if—
the land subject to the notice of intention is contaminated, as determined by the Secretary concerned; and
the Secretary of the Interior, in consultation with the Secretary concerned, determines that—
decontamination is practicable and economically feasible, after taking into consideration the potential future use and value of the contaminated land; and
on decontamination of the land, the land could be opened to operation of some or all of the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws.
Alternatives to relinquishment— The Secretary of the Interior shall not be required to accept the land proposed for relinquishment under subsection (a), if—
the Secretary of the Interior, after consultation with the Secretary concerned, determines that—
decontamination of the land is not practicable or economically feasible; or
the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws; or
sufficient funds are not appropriated for the decontamination of the land.
Status of contaminated land on termination— If, because of the contaminated state of the land, the Secretary of the Interior declines to accept land withdrawn and reserved by this title that has been proposed for relinquishment, or if at the expiration of the withdrawal and reservation, the Secretary of the Interior determines that a portion of the land withdrawn and reserved is contaminated to an extent that prevents opening the contaminated land to operation of the public land laws—
the Secretary concerned shall take appropriate steps to warn the public of—
the contaminated state of the land; and
any risks associated with entry onto the land;
after the expiration of the withdrawal and reservation, the Secretary concerned shall undertake no activities on the contaminated land, except for activities relating to the decontamination of the land; and
the Secretary concerned shall submit to the Secretary of the Interior and Congress a report describing—
the status of the land; and
any actions taken under this paragraph.
Revocation authority—
In general— If the Secretary of the Interior determines that it is in the public interest to accept the land proposed for relinquishment under subsection (a), the Secretary of the Interior may order the revocation of a withdrawal and reservation made by this title.
Revocation order— To carry out a revocation under paragraph (1), the Secretary of the Interior shall publish in the Federal Register a revocation order that—
terminates the withdrawal and reservation;
constitutes official acceptance of the land by the Secretary of the Interior; and
specifies the date on which the land will be opened to the operation of some or all of the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws.
Acceptance by secretary of the interior—
In general— Nothing in this section requires the Secretary of the Interior to accept the land proposed for relinquishment if the Secretary determines that the land is not suitable for return to the public domain.
Notice— If the Secretary makes a determination that the land is not suitable for return to the public domain, the Secretary shall provide notice of the determination to Congress.
Sec. 2923 Immunity of the United States
The United States and officers and employees of the United States shall be held harmless and shall not be liable for any injuries or damages to persons or property incurred as a result of any mining or mineral or geothermal leasing activity or other authorized nondefense-related activity conducted on land withdrawn and reserved by this title.
B Limestone Hills Training Area, Montana
Sec. 2931 Withdrawal and reservation of public land
Withdrawal— Subject to valid existing rights and except as otherwise provided in this subtitle, the public land (including interests in land) described in subsection (b), and all other areas within the boundaries of the land as depicted on the map referred to in such subsection that may become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws.
Description of land— The public land (including interests in land) referred to in subsection (a) is the Federal land comprising approximately 18,644 acres in Broadwater County, Montana, generally depicted as Proposed Land Withdrawal on the map entitled Limestone Hills Training Area Land Withdrawal, dated April 10, 2013, and filed in accordance with section 2912.
Reservation; purpose— Subject to the limitations and restrictions contained in section 2933, the public land withdrawn by subsection (a) is 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, provided that the training does not interfere with the 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, provided that the training does not interfere with the purposes specified in paragraphs (1) and (2).
Other defense-related purposes consistent with the preceding purposes.
Indian tribes—
In general— Nothing in this subtitle alters any rights reserved for an Indian tribe for tribal use of the public land withdrawn by subsection (a) by treaty or Federal law.
Consultation required— The Secretary of the Army shall consult with any Indian tribes in the vicinity of the public land withdrawn by subsection (a) before taking any action within the public land affecting tribal rights or cultural resources protected by treaty or Federal law.
Sec. 2932 Management of withdrawn and reserved land
During the period of the withdrawal and reservation of land made by section 2931, the Secretary of the Army shall manage the land withdrawn and reserved by such section for the purposes described in subsection (c) of such section—
subject to the limitations and restrictions contained in section 2933; and
in accordance with—
an integrated natural resources management plan prepared and implemented under title I of the Sikes Act (16 U.S.C. 670a et seq.);
subtitle A and this subtitle; and
other applicable law.
Sec. 2933 Special rules governing minerals management
Indian Creek Mine—
In general— Of the land withdrawn by section 2931, locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM–78300, shall be regulated in accordance with subparts 3715 and 3809 of title 43, Code of Federal Regulations.
Restrictions on Secretary of the Army—
In general— 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 described in paragraph (1) is inconsistent with the defense-related uses of the land withdrawn under section 2931.
Coordination— The coordination of the disposition of and exploration for minerals with defense-related uses of the land shall be determined in accordance with procedures in an agreement provided for under subsection (c).
Removal of unexploded ordnance on land to be mined—
Removal activities—
In general— Subject to the availability of funds appropriated for such purpose, the Secretary of the Army shall remove unexploded ordnance on land withdrawn by section 2931 that is subject to mining under subsection (a), consistent with applicable Federal and State law.
Phases— The Secretary of the Army may provide for the removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine under subsection (a).
Report on removal activities—
In general— The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding any unexploded ordnance removal activities conducted during the previous fiscal year in accordance with this subsection.
Inclusions— The report under this paragraph shall include—
a description of the amounts expended for unexploded ordnance removal on the withdrawn land during the period covered by the report; and
the identification of the land cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior.
Implementation agreement for mining activities—
In general— The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with respect to the coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance.
Duration— The duration of the agreement shall be equal to the period of the withdrawal under section 2936, but may be amended from time to time.
Requirements— 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, shall be invited to be a party to the agreement.
Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area.
Provisions addressing periods during which military and other authorized uses of the withdrawn land 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 land that restrict mining activities.
Procedures for deconfliction with mining operations, including parameters for notification and resolution of anticipated changes to the schedule.
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 the date on which the agreement under subsection (c) becomes effective, the compatible joint use of the land withdrawn and reserved by section 2931 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. 2934 Grazing
Issuance and administration of permits and leases— The Secretary of the Interior shall manage the issuance and administration of grazing permits and leases, including the renewal of permits and leases, on the public land withdrawn by section 2931, consistent with all applicable laws (including regulations) and policies of the Secretary of the Interior relating to the permits and leases.
Safety requirements— With respect to any grazing permit or lease issued after the date of enactment of this Act for land withdrawn by section 2931, 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
provide for the safe use of the withdrawn land.
Assignment— With the agreement of the Secretary of the Army, the Secretary of the Interior may assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that the assignment may not include the authority to discontinue grazing on the land withdrawn by section 2931.
Sec. 2935 Payments in lieu of taxes
The land withdrawn by section 2931 is deemed to be entitlement land for purposes of chapter 69 of title 31, United States Code.
Sec. 2936 Duration of withdrawal and reservation
The withdrawal and reservation of public land made by section 2931 shall terminate on March 31, 2039.
C Marine Corps Air Ground Combat Center Twentynine Palms, California
Sec. 2941 Withdrawal and reservation of public land
Withdrawal— Subject to valid existing rights and except as otherwise provided in this subtitle, the public land (including interests in land) described in subsection (b), and all other areas within the boundary of the land depicted on the map described in such subsection that may become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws.
Description of land— The public land (including interests in land) referred to in subsection (a) is the Federal land comprising approximately 150,928 acres in San Bernardino County, California, generally depicted on the map titled “MCAGCC 29 Palms Expansion Map-Johnson Valley Off Highway Vehicle Recreation Area”, dated December 5, 2013, and filed in accordance with section 2912, which is divided into the following two areas:
The Exclusive Military Use Area (in this subtitle referred to as the “Exclusive Military Use Area”), consisting of the following two areas:
One area to the west of the Marine Corps Air Ground Combat Center, consisting of approximately 78,993 acres.
One area south of the Marine Corps Air Ground Combat Center, consisting of approximately 18,704 acres.
The Shared Use Area (in this subtitle referred to as the “Shared Use Area”), consisting of approximately 53,231 acres.
Reservation for Secretary of the Navy; purposes— The Exclusive Military Use Area is reserved for use by the Secretary of the Navy 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 that are—
consistent with the purposes described in the preceding paragraphs; and
authorized under section 2914.
Reservation for secretary of the interior; purposes— The Shared Use Area is reserved—
for use by the Secretary of the Navy for the purposes described in subsection (c); and
for use by the Secretary of the Interior for the following purposes:
Public recreation—
during any period in which the land is not being used for military training; and
as determined to be suitable for public use.
Natural resources conservation.
Adjustment— The boundary of the Exclusive Military Use Area at Emerson Ridge provided in subsection (b)(1) shall be located in such as manner so as to ensure access to the pass northwest of the ridge for purposes described in subsection (d).
Sec. 2942 Management of withdrawn and reserved land
Management by the secretary of the navy; condition—
In general— Except as provided in subsection (b), during the period of withdrawal and reservation of land made by section 2941, the Secretary of the Navy shall manage the land withdrawn and reserved by such section for the purposes described in subsection (c) of such section in accordance with—
an integrated natural resources management plan prepared and implemented under title I of the Sikes Act (16 U.S.C. 670a et seq.);
subtitle A and this subtitle;
a programmatic agreement between the Marine Corps and the California State Historic Preservation Officer regarding operation, maintenance, training, and construction at the United States Marine Air Ground Task Force Training Command, Marine Corps Air Ground Combat Center, Twentynine Palms, California; and
any other applicable law.
Live-fire training— The boundary of the Exclusive Military Use Area described in section 2941 shall be clearly identified before the Exclusive Military Use Area is used for any live-fire military training. The Secretary of the Navy shall ensure the military boundary is maintained.
Management by the secretary of the interior; exception—
Secretary of the interior management—
In general— Except as provided in paragraph (2), during the period of withdrawal and reservation of land made by section 2941, the Secretary of the Interior shall manage the Shared Use Area.
Applicable law— During the period of the management by the Secretary of the Interior under this paragraph, the Secretary of the Interior shall manage the Shared Use Area for the purposes described in subsection (d) of section 2941 in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
any other applicable law.
Secretary of the navy management—
Exception— Twice a year during the period of withdrawal and reservation of land by this section, there shall be a 30-day period during which the Secretary of the Navy shall—
manage the Shared Use Area; and
exclusively use the Shared Use Area for military training purposes.
Applicable law— During the period of the management by the Secretary of the Navy under this paragraph, the Secretary of the Navy shall manage the Shared Use Area for the purposes described in subsection (c) of section 2941 in accordance with—
an integrated natural resources management plan prepared and implemented in accordance with title I of the Sikes Act (16 U.S.C. 670a et seq.);
subtitle A and this subtitle;
the programmatic agreement described in subsection (a)(3); and
any other applicable law.
Limitation— The Secretary of the Navy shall prohibit the firing of dud-producing ordnance into the Shared Use Area.
Implementation agreement—
In general— The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement the management responsibilities of the respective Secretaries with respect to the Shared Use Area.
Components— The agreement entered into under paragraph (1)—
shall be of a duration that is equal to the period of the withdrawal and reservation of land under section 2941;
may be amended from time to time;
may provide for the integration of the management plans required of the Secretary of the Interior and the Secretary of the Navy;
may provide for delegation, to civilian law enforcement personnel of the Department of the Navy, of the authority of the Secretary of the Interior to enforce laws relating to protection of natural and cultural resources and fish and wildlife; and
may provide for the Secretary of the Interior and the Secretary of the Navy to share resources so as to most efficiently and effectively manage the Shared Use Area.
Linkage— The Secretary of the Interior shall ensure access is provided between the two non-contiguous Johnson Valley Off-Highway Vehicle Recreation Area parcels described in section 2945.
Military training—
Not conditional— Military training within the Shared Use Area shall not be conditioned on—
the existence of, or precluded by the lack of, a recreation management plan or land use management plan for the area developed and implemented by the Secretary of the Interior; or
the existence of any legal or administrative challenge to such a recreation management plan or land use plan.
Management—
Use agreement— The Secretary of the Interior shall enter into an agreement with the Secretary of the Navy within one year of the date of the enactment of this Act for the exclusive use by the Marine Corps of two company objective areas, each measuring approximately 300 meters square (approximately 22 acres), located inside the boundaries of the Shared Use Area and totaling approximately 44 acres. These areas will be closed to all public access for the period of the withdrawal specified in section 2946. The purpose of this agreement will be to accommodate the construction, maintenance, modification, and use of these areas for the purposes identified in section 2941(c).
Range management— Small, static, short-range explosives may be used in the two company objective areas described in subparagraph (A). Explosives that fail to function in the company objective areas will be immediately identified and located, training will temporarily halt, and on-scene explosive ordnance disposal personnel will render the munition safe before training resumes. Existing Marine Corps range safety policies and procedures as identified in Marine Corps Order 3570.1X will be followed to ensure all munitions are rendered safe and the area will again be swept after the training exercise by qualified personnel to further ensure no hazards remain.
Access— The Shared Use Area shall be managed in a manner that does not compromise the ability of the Navy to conduct military training in such area.
Sec. 2943 Public access
In general— Notwithstanding section 2913, the Exclusive Military Use Area shall be closed to all public access unless otherwise authorized by the Secretary of the Navy.
Public recreational use—
In general— The Shared Use Area shall be open to public recreational use during the period in which the area is under the management of the Secretary of the Interior, if there is a determination by the Secretary of the Navy that the area is suitable for public use.
Determination— A determination of suitability under paragraph (1) shall not be withheld without a specified reason.
Utilities— Nothing in this subtitle prohibits the construction, operation, maintenance, inspection, and access to existing or future utility facilities located within a utility right of way in existence on the date of the enactment of this Act.
Sec. 2944 Resource management group
Establishment— The Secretary of the Navy and the Secretary of the Interior, by agreement, shall establish a Resource Management Group for the land withdrawn and reserved by section 2941 to be comprised of representatives of the Department of the Interior and the Department of the Navy.
Duties—
In general— The Resource Management Group shall—
develop and implement a public outreach plan to inform the public of the land uses changes and safety restrictions affecting the land withdrawn and reserved by section 2941; and
advise the Secretary of the Interior and the Secretary of the Navy with respect to the issues associated with the multiple uses of the Shared Use Area.
Siting process— The Resource Management Group shall determine the location of the company objective areas. In siting the two areas, the Resource Management Group will seek information from representatives of relevant State agencies, Off Highway Vehicle and other recreation interest groups, and environmental advocacy groups. The Resource Management Group shall consider potential recreational and conservation uses of the area when making their location determination.
Meetings— The Resource Management Group shall—
meet at least once a year; and
solicit input from relevant State agencies, private off-highway vehicle interest groups, event managers, environmental advocacy groups, and others relating to the management and facilitation of recreational use within the Shared Use Area.
Sec. 2945 Johnson Valley Off-Highway Vehicle Recreation Area
Designation— There is hereby designated the Johnson Valley Off-Highway Vehicle Recreation Area, consisting of—
43,431 acres (as depicted on the map referred to in subsection (b) of section 2941) of the existing Bureau of Land Management-designated Johnson Valley Off-Highway Vehicle Area that is not withdrawn and reserved for defense-related uses by such section; and
The Shared Use Area.
Authorized activities— To the extent consistent with applicable Federal law (including regulations) and this subtitle, any authorized recreation activities and use designation in effect on the date of enactment of this Act and applicable to the Johnson Valley Off-Highway Vehicle Recreation Area may continue, including casual off-highway vehicular use and recreation.
Administration— The Secretary of the Interior shall administer the Johnson Valley Off-Highway Vehicle Recreation Area (other than the Shared Use Area, which is being managed in accordance with the other provisions of this subtitle) in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
any other applicable law.
Transit— In coordination with the Secretary of the Interior, the Secretary of the Navy may authorize transit through the Johnson Valley Off-Highway Vehicle Recreation Area for defense-related purposes supporting military training (including military range management and management of exercise activities) conducted on the land withdrawn and reserved by section 2941.
Sec. 2946 Duration of withdrawal and reservation
The withdrawal and reservation of public land made by section 2941 shall terminate on March 31, 2039.
D White Sands Missile Range, New Mexico, and Fort Bliss, Texas
Sec. 2951 Withdrawal and reservation of public land
Withdrawal— Subject to valid existing rights, the Federal land described in subsection (b) is withdrawn from—
entry, appropriation, and disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Description of Federal land— The Federal land referred to in subsection (a) consists of approximately 5,100 acres of land depicted as “Parcel 1” on the map entitled “White Sands Missile Range/Fort Bliss/BLM Land Transfer and Withdrawal”, dated April 3, 2012, and filed in accordance with section 2912.
Reservation— The Federal land described in subsection (b) is reserved for use by the Secretary of the Army for military purposes in accordance with Public Land Order 833, dated May 27, 1952 (17 Fed. Reg. 4822).
Sec. 2952 Grazing
Issuance and administration of permits and leases— The Secretary of the Interior shall manage the issuance and administration of grazing permits and leases, including the renewal of permits and leases, on the public land withdrawn by section 2951, consistent with all applicable laws (including regulations) and policies of the Secretary of the Interior relating to the permits and leases.
Safety requirements— With respect to any grazing permit or lease issued after the date of enactment of this Act for land withdrawn by section 2951, 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
provide for the safe use of the withdrawn land.
Assignment— With the agreement of the Secretary of the Army, the Secretary of the Interior may assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that the assignment may not include the authority to discontinue grazing on the land withdrawn by section 2951.
E Chocolate Mountain Aerial Gunnery Range, California
Sec. 2961 Transfer of administrative jurisdiction of public land
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 228,324 acres, as generally depicted on the map titled “Chocolate Mountain Aerial Gunnery Range-Administration’s Land Withdrawal Legislation Proposal Map”, dated October 30, 2013, and filed in accordance with subsection (d).
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.
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
the map referred to in subsection (a).
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. 2962 Management and use of transferred land
Treatment and use of transferred land— Upon the receipt of the land under section 2961—
the land shall be treated as property (as defined in section 102(9) of title 40, United States Code) under the administrative jurisdiction of the Secretary of the Navy; and
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 2961 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 2961 is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, 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 2961, 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.
Relation to general provisions— Subtitle A does not apply to the land transferred under section 2961 or to the management of such land as provided for in this subtitle.
Sec. 2963 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 2961, 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 is contaminated with explosive materials or toxic or hazardous substances. 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. 2964 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 2961 shall not terminate until the date on which the land transfer required by section 2961 is executed.
Sec. 2965 Water rights
No reservation of Water rights— Nothing in this subtitle—
establishes a reservation in favor of the United States with respect to any water or water right on the land transferred by this subtitle; or
to authorize the appropriation of water on the land transferred by this subtitle except in accordance with applicable State law.
Effect on previously acquired or reserved water rights—
In general— Nothing in this subtitle affects any water rights acquired or reserved by the United States before the date of enactment of this Act on the land transferred by this subtitle.
Authority of secretary— The Secretary of the Navy may exercise any water rights described in paragraph (1).
Sec. 2966 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.
The Secretary of the Navy shall relinquish to the Secretary of the Interior the approximately 2,000 acres of public land withdrawn for military use that is located immediately north of the Bradshaw Trail, and the Secretary of the Interior shall manage the land in accordance with the applicable land use plan developed under section of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
Transfers related to realignment—
Transfers to reflect boundary 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).
Bradshaw trail management— The approximately 600 acres of land north of the Bradshaw Trail identified as fee-owned lands available for disposal may be used to establish a maximum number of acres of land that the Secretary of the Navy may transfer to the administrative jurisdiction of the Secretary of the Interior in order to improve management of the Bradshaw Trail.
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.
F Naval Air Weapons Station China Lake, California
Sec. 2971 Withdrawal and reservation of public land
Withdrawal— Subject to valid existing rights and except as otherwise provided in this subtitle, the public land (including interests in land) described in subsection (b), and all other areas within the boundary of the land depicted on the map described in that subsection that may become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws.
Description of land— The public land (including interests in land) referred to in subsection (a) is the Federal land located within the boundaries of the Naval Air Weapons Station China Lake, California, comprising approximately 1,045,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on the maps entitled Naval Air Weapons Station China Lake Withdrawal—Renewal, “North Range”, and “South Range”, dated March 18, 2013, and filed in accordance with section 2912.
Reservation— The land withdrawn by subsection (a) is reserved for use by the Secretary of the Navy for the following purposes:
Use as a research, development, test, and evaluation laboratory.
Use as a range for air warfare weapons and weapon systems.
Use as a high-hazard testing and training area for aerial gunnery, rocketry, electronic warfare and countermeasures, tactical maneuvering and air support, and directed energy and unmanned aerial systems.
Geothermal leasing, development, and related power production activities.
Other defense-related purposes that are—
consistent with the purposes described in the preceding paragraphs; and
authorized under section 2914.
Sec. 2972 Management of withdrawn and reserved land
Applicable laws— Except as provided in section 2973, during the period of the withdrawal and reservation of land by section 2971, the Secretary of the Interior shall manage the land withdrawn and reserved by that section in accordance with—
subtitle A and this subtitle;
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
any other applicable law.
Authorized activities— To the extent consistent with applicable law and Executive orders, the land withdrawn by section 2971 may be managed in a manner that permits the following activities:
Grazing.
Protection of wildlife and wildlife habitat.
Preservation of cultural properties.
Control of predatory and other animals.
Recreation and education.
Prevention and appropriate suppression of brush and range fires resulting from non-military activities.
Geothermal leasing and development and related power production activities.
Nondefense uses— All nondefense-related uses of the land withdrawn by this section (including the uses described in subsection (b)), shall be subject to any conditions and restrictions that the Secretary of the Interior and the Secretary of the Navy jointly determine to be necessary to permit the defense-related use of the land for the purposes described in this section.
Issuance of Leases and other instruments—
In general— The Secretary of the Interior shall be responsible for the issuance of any lease, easement, right-of-way, permit, license, or other instrument authorized by law with respect to any activity that involves both—
the land withdrawn and reserved by section 2971; and
any other public land in the vicinity of the land withdrawn and reserved by section 2971 that is not under the administrative jurisdiction of the Secretary of the Navy.
Consent required— Subject to section 2974, any lease, easement, right-of-way, permit, license, or other instrument issued under paragraph (1) shall—
only be issued with the consent of the Secretary of the Navy; and
be subject to such conditions as the Secretary of the Navy may require with respect to the land withdrawn and reserved by section 2971.
Sec. 2973 Assignment of management responsibility to Secretary of the Navy
Authority to assign management responsibility— The Secretary of the Interior may assign the management responsibility, in whole or in part, for the land withdrawn and reserved by section 2971 to the Secretary of the Navy.
Applicable law— On assignment of the management responsibility under subsection (a), the Secretary of the Navy shall manage the land in accordance with—
subtitle A and this subtitle;
title I of the Sikes Act (16 U.S.C. 670a et seq.);
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
cooperative management arrangements entered into by the Secretary of the Interior and the Secretary of the Navy; and
any other applicable law.
Sec. 2974 Geothermal resources
Treatment of existing leases— Nothing in this subtitle affects—
geothermal leases issued by the Secretary of the Interior before the date of enactment of this Act; or
the responsibility of the Secretary of the Interior to administer and manage the leases described in paragraph (1) consistent with the provisions of this subtitle.
Authority of the Secretary of the Interior— Nothing in this subtitle or any other provision of law prohibits the Secretary of the Interior from issuing, subject to the concurrence of the Secretary of the Navy, and administering any lease under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and any other applicable law for the development and use of geothermal steam and associated geothermal resources on the land withdrawn and reserved by section 2971.
Applicable law— Nothing in this subtitle affects the geothermal exploration and development authority of the Secretary of the Navy under section 2917 of title 10, United States Code, with respect to the land withdrawn and reserved by section 2971, except that the Secretary of the Navy shall obtain the concurrence of the Secretary of the Interior before taking action under section 2917 of title 10, United States Code.
Navy contracts— On the expiration of the withdrawal and reservation of land under section 2971 or the relinquishment of the land, any Navy contract for the development of geothermal resources at Naval Air Weapons Station China Lake that is in effect on the date of the expiration or relinquishment shall remain in effect, except that the Secretary of the Interior, with the consent of the Secretary of the Navy, may offer to substitute a standard geothermal lease for the contract.
Sec. 2975 Wild horses and burros
Management— The Secretary of the Navy—
shall be responsible for the management of wild horses and burros located on the land withdrawn and reserved by section 2971; and
may use helicopters and motorized vehicles for the management of wild horses and burros on such land.
Requirements— The activities authorized under subsection (a) shall be conducted in accordance with laws applicable to the management of wild horses and burros on public land.
Agreement— The Secretary of the Interior and the Secretary of the Navy shall enter into an agreement for the implementation of the management of wild horses and burros under this section.
Sec. 2976 Continuation of existing agreement
The agreement between the Secretary of the Interior and the Secretary of the Navy entered into before the date of enactment of this Act under section 805 of the California Military Lands Withdrawal and Overflights Act of 1994 (Public Law 103–433; 108 Stat. 4503) shall continue in effect until the earlier of—
the date on which the Secretary of the Interior and the Secretary of the Navy enter into a new agreement to replace such section 805 agreement; or
the date that is one year after the date of enactment of this Act.
Sec. 2977 Management plans
Cooperation in development of management plan— The Secretary of the Navy and the Secretary of the Interior shall update and maintain cooperative arrangements concerning land resources and land uses on the land withdrawn and reserved by section 2971.
Purpose— A cooperative arrangement entered into under subsection (a) shall focus on and apply to sustainable management and protection of the natural and cultural resources and environmental values found on the land withdrawn and reserved by section 2971, consistent with the defense-related purposes for which the land is withdrawn and reserved.
Comprehensive land use management plan— A cooperative arrangement entered into under subsection (a) shall include a comprehensive land use management plan that integrates and is consistent with any applicable law, including—
subtitle A and this subtitle;
title I of the Sikes Act (16 U.S.C. 670a et seq.); and
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
Annual review— The Secretary of the Navy and the Secretary of the Interior shall—
annually review the comprehensive land use management plan developed under subsection (c); and
update the comprehensive land use management plan as the Secretary of the Navy and the Secretary of the Interior determine to be necessary—
to respond to evolving management requirements; and
to complement the updates of other applicable land use and resource management and planning.
Implementing agreement—
In general— The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the comprehensive land use management plan developed under subsection (c).
Components— Such an implementation agreement—
shall be for a duration that is equal to the period of the withdrawal and reservation of land under section 2971; and
may be amended from time to time.
Sec. 2978 Termination of prior withdrawals
Termination— Subject to subsection (b), the withdrawal and reservation under section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 (Public Law 103–433; 108 Stat. 4502) is terminated.
Limitation— Notwithstanding the termination under subsection (a), all rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Interior or the Secretary of the Navy with respect to the land withdrawn and reserved under section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 (Public Law 103–433; 108 Stat. 4502), unless inconsistent with the provisions of this subtitle, shall remain in force until modified, suspended, overruled, or otherwise changed by—
the Secretary of the Interior or the Secretary of the Navy (as applicable);
a court of competent jurisdiction; or
operation of law.
Sec. 2979 Duration of withdrawal and reservation
The withdrawal and reservation of public land made by section 2971 shall terminate on March 31, 2039.