Sec. 2001 Short title
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2015”.
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, 2017; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018.
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, 2017; or
the date of the enactment of an Act authorizing funds for fiscal year 2018 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
Sec. 2003 Effective date
XXI Army Military Construction
Sec. 2101 Authorized Army construction and land acquisition projects
Inside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2103 and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2103 and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out the military construction project for the 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 $1,309,000.
Sec. 2103 Authorization of appropriations, Army
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, 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 total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2104 Modification of authority to carry out certain fiscal year 2004 project
In the case of 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 an Explosives Research and Development Loading Facility at the installation, the Secretary of the Army may use available unobligated balances of amounts appropriated for military construction for the Army to complete work on the project within the scope specified for the project in the justification data provided to Congress as part of the request for authorization of the project.
Sec. 2105 Modification of authority to carry out certain fiscal year 2013 projects
Fort drum— In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Drum, New York, for construction of an Aircraft Maintenance Hangar at the installation, the Secretary of the Army may provide a capital contribution to a public or private utility company in order for the utility company to extend the utility company’s gas line to the installation boundary. Such capital contribution is not a change in the scope of work of the project under section 2853 of title 10, United States Code.
Fort Leonard wood— In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Leonard Wood, Missouri, for construction of Battalion Complex Facilities at the installation, the Secretary of the Army may construct the Battalion Headquarters with classrooms for a unit other than a Global Defense Posture Realignment unit.
Fort McNair— In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort McNair, District of Columbia, for construction of a Vehicle Storage Building at the installation, the Secretary of the Army may construct up to 20,227 square feet of vehicle storage.
Fort Belvoir— The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) is amended in the item relating to Fort Belvoir, Virginia, by striking “$94,000,000” in the amount column and inserting “$183,000,000”.
Sec. 2106 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 2101 of that Act (124 Stat. 4437) and extended by section 2109 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 988), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later:
Table— The table referred to in subsection (a) is as follows:
Sec. 2107 Extension of authorizations of certain fiscal year 2012 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (125 Stat. 1661), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later:
Table— The table referred to in subsection (a) 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:
Unspecified worldwide— Using amounts appropriated pursuant to the authorization of appropriations in section 2204 and available for military construction projects at unspecified worldwide locations 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 unspecified locations, and in the amount, 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 $472,000.
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 $15,940,000.
Sec. 2204 Authorization of appropriations, Navy
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, 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 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2205 Modification of authority to carry out certain fiscal year 2012 projects
Yuma— 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 Yuma, Arizona, for construction of a Double Aircraft Maintenance Hangar, the Secretary of the Navy may construct up to approximately 70,000 square feet of additional apron to be utilized as a taxi-lane using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667).
Camp Pendelton— 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 Camp Pendelton, California, for construction of an Infantry Squad Defense Range, the Secretary of the Navy may construct up to 9,000 square feet of vehicular bridge using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667).
Kings bay— 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 Kings Bay, Georgia, for construction of a Crab Island Security Enclave, the Secretary of the Navy may expand the enclave fencing system to three layers of fencing and construct two elevated fixed fighting positions with associated supporting facilities using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667).
Sec. 2206 Modification of authority to carry out certain fiscal year 2014 project
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 989), for Yorktown, Virginia, for construction of Small Arms Ranges, the Secretary of the Navy may construct 240 square meters of armory, 48 square meters of Safety Officer/Target Storage Building, and 667 square meters of Range Operations Building using appropriations available for the project pursuant to the authorization of appropriations in section 2204 of such Act (127 Stat. 990).
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) and extended by section 2207 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 991), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2208 Extension of authorizations of certain fiscal year 2012 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (125 Stat. 1666), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, 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 2302 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 2302 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 installation outside the United States, and in the amount, set forth in the following table:
Sec. 2302 Authorization of appropriations, Air Force
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction and land acquisition 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 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2303 Modification of authority to carry out certain fiscal year 2008 project
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 515), for Shaw Air Force Base, South Carolina, for base infrastructure at that location, the Secretary of the Air Force may acquire fee or lesser real property interests in approximately 11.5 acres of land contiguous to Shaw Air Force Base for the project using funds appropriated to the Department of the Air Force for construction in years prior to fiscal year 2015.
Sec. 2304 Modification of authority to carry out certain fiscal year 2014 project
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 992) relating to Saipan for the construction of a maintenance facility, a hazardous cargo pad, or an airport storage facility in the Commonwealth of the Northern Mariana Islands, the Secretary of the Air Force may carry out such construction at any suitable location in the Northern Mariana Islands.
Sec. 2305 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) and extended by section 2307 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 994), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2306 Extension of authorizations of certain fiscal year 2012 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (125 Stat. 1670), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, 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:
Limitation on set-aside of Facilities Restoration and Modernization program funds for energy projects— Amounts appropriated pursuant to the authorization of appropriation in section 301 for operation and maintenance and made available for facilities restoration and modernization may not be set-aside for the exclusive purpose of funding energy projects on military installations. Installation energy projects must compete in the normal process of determining installation requirements.
Sec. 2403 Authorization of appropriations, Defense Agencies
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, 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 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2404 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 2401 of that Act (124 Stat. 4446), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2405 Extension of authorizations of certain fiscal year 2012 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act (125 Stat. 1672), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2406 Limitation on project authorization to carry out certain fiscal year 2015 projects pending submission of required reports
Limitation— No amounts may be obligated or expended for the military construction projects described in subsection (b) and otherwise authorized by section 2401(a) until both of the reports described in subsection (c) have been submitted to the Committees on Armed Services of the Senate and the House of Representatives.
Covered projects— The limitation imposed by subsection (a) applies to the following military construction projects:
The construction of a human performance center facility at Joint Expeditionary Base Little Creek–Story, Virginia.
The construction of a squadron operations facility at Cannon Air Force Base, New Mexico.
Reports described— The reports referred to in subsection (a) are—
the report on the United States Special Operations Command Preservation of the Force and Families initiative requested under the heading “U.S. Special Operations Command Military Construction Requirements” in the Joint Explanatory Statement to Accompany the National Defense Authorization Act for Fiscal Year 2014, as printed in the Congressional Record on December 12, 2013 (page H7956); and
the report on the review of Department of Defense efforts regarding the prevention of suicide among members of United States Special Operations Forces and their dependents required by section 581 of this Act.
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, 2014, 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) may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2412 Modification of authority to carry out certain fiscal year 2000 project
Modification— The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4450), is amended—
in the item relating to Blue Grass Army Depot, Kentucky, by striking “$746,000,000” in the amount column and inserting “$780,000,000”; and
by striking the amount identified as the total in the amount column and inserting “$1,237,920,000”.
Conforming amendment— Section 2405(b)(3) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4450), is further amended by striking “$723,200,000” and inserting “$757,200,000”.
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, 2014, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.
XXVI Guard and Reserve Forces Facilities
A Project Authorizations and Authorization of Appropriations
Sec. 2601 Authorized Army National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2602 Authorized Army Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2603 Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2604 Authorized Air National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2605 Authorized Air Force Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2606 Authorization of appropriations, National Guard and Reserve
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
B Other Matters
Sec. 2611 Modification and extension of authority to carry out certain fiscal year 2012 projects
Modification—
Kansas city— In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1677), for Kansas City, Kansas, for construction of an Army Reserve Center at that location, the Secretary of the Army may construct a new facility in the vicinity of Kansas City, Kansas, instead of constructing a new facility in Kansas City.
Attleboro— In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1677), for Attleboro, Massachusetts, for construction of an Army Reserve Center at that location, the Secretary of the Army may construct a new facility in the vicinity of Attleboro, Massachusetts, instead of constructing a new facility in Attleboro.
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorizations set forth in subsection (a) shall remain in effect until October 1, 2018, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2019, whichever is later.
Sec. 2612 Modification of authority to carry out certain fiscal year 2013 project
In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2133) for Stormville, New York, for construction of a Combined Support Maintenance Shop Phase I, the Secretary of the Army may instead construct the facility at Camp Smith, New York, and build a 53,760 square foot maintenance facility in lieu of a 75,156 square foot maintenance facility.
Sec. 2613 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 2601 of that Act (124 Stat. 4452) and extended by section 2612 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1003), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is a 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, 2014, 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 Prohibition on Additional BRAC Round
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.
C Other Matters
Sec. 2721 Force-structure plans and infrastructure inventory and assessment of infrastructure necessary to support the force structure
Preparation and submission of Force-structure plans and infrastructure inventory— As part of the budget justification documents submitted to Congress in support of the budget for the Department of Defense for fiscal year 2016, the Secretary of Defense shall include the following:
Two force-structure plans for each of the Army, Navy, Air Force, and Marine Corps for the 20-year period beginning with fiscal year 2016, including the probable end-strength levels and major military force units (including land force divisions, carrier and other major combatant vessels, air wings, and other comparable units) needed to meet anticipated threats, and the anticipated levels of funding that will be available for national defense purposes during such period. One force-structure plan shall reflect the 2014 Quadrennial Defense Review and the other force-structure plan shall reflect the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), as amended by title I of the Budget Control Act of 2011 (Public Law 112–25) and section 101 of the Bipartisan Budget Act of 2013 (Public Law 113–67).
A comprehensive inventory of military installations world-wide for each military department, with specifications of the number and type of facilities in the active and reserve forces of each military department.
Relationship of plans and inventory— Using the force-structure plans and infrastructure inventory prepared under subsection (a), the Secretary of Defense shall prepare (and include as part of the submission of such plans and inventory) the following:
A description of the infrastructure necessary to support the force structure described in each force-structure plan.
A discussion of categories of excess infrastructure and infrastructure capacity, and the Secretary’s targets for the reduction of such excess capacity.
An assessment of the excess infrastructure and the value of retaining certain excess infrastructure to support surge or reversibility requirements.
An economic analysis of the effect of the closure or realignment of military installations to reduce excess infrastructure.
Special considerations— In determining the level of necessary versus excess infrastructure under subsection (b), the Secretary of Defense shall consider the following:
The anticipated continuing need for and availability of military installations outside the United States, taking into account current restrictions on the use of military installations outside the United States and the potential for future prohibitions or restrictions on the use of such military installations.
Any efficiencies that may be gained from joint tenancy by more than one branch of the Armed Forces at a military installation or the reorganization or association of two or more military installations as a single military installation.
Certification of Need for Further Closures and Realignments—
Certification required— On the basis of the force-structure plans and infrastructure inventory prepared under subsection (a) and the descriptions and economic analysis prepared under subsection (b), the Secretary of Defense shall include as part of the submission of the plans and inventory a certification regarding whether the need exists for the closure or realignment of additional military installations.
Additional certification— As a condition on the certification under paragraph (1) that the need for an additional round of closures and realignments exists, the Secretary shall include an additional certification that every recommendation for the closure or realignment of military installations in the additional round of closures and realignments will result in annual net savings for each of the military departments within six years after the initiation of the additional round of closures and realignments.
Comptroller General Evaluation—
Evaluation required— If the certifications are provided under subsection (d), the Comptroller General of the United States shall prepare an evaluation of the following:
The force-structure plans and infrastructure inventory prepared under subsection (a), including an evaluation of the accuracy and analytical sufficiency of the plans and inventory.
The need for the closure or realignment of additional military installations.
Submission— The Comptroller General shall submit the evaluation to Congress not later than 60 days after the date on which the force-structure plans and infrastructure inventory are submitted to Congress.
Sec. 2722 Modification of property disposal procedures under base realignment and closure process
Report on excess property— Section 2905 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is amended by inserting after subsection (e) the following new subsection:
“(f) Report on designation of property as excess instead of surplus
“(1) Not later than 180 days after the date on which real property located at a military installation closed or realigned under this part is declared excess, but not surplus, the Secretary of Defense shall submit to the congressional defense committees a report identifying the property and including the information required by paragraph (2). The Secretary shall update the report every 180 days thereafter until the property is either declared surplus or transferred to another Federal agency.
“(2) Each report under paragraph (1) shall include the following elements:
“(A) The reason for the excess designation.
“(B) The nature of the contemplated transfer.
“(C) The proposed timeline for the transfer.
“(D) Any impediments to completing the Federal agency screening process.”
Effect of lack of recognized redevelopment authority— Section 2910(9) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is amended—
by striking “The term” and inserting “(A) The term”; and
by adding at the end the following new subparagraph:
“(B) If no redevelopment authority referred to in subparagraph (A) exists with respect to a military installation, the term shall include the following:
“(i) The local government in whose jurisdiction the military installation is wholly located.
“(ii) A local government agency or State government agency designated by the chief executive officer of the State in which the military installation is located under subparagraph (B) of section 2905(b)(3) for the purpose of the consultation required by subparagraph (A) of such section.”
Sec. 2723 Final settlement of claims regarding caretaker agreement for former Defense Depot Ogden, Utah
Settlement of claims— Subject to the condition imposed by subsection (b), any claim by the United States against the City of Ogden, Utah, and the Ogden Local Redevelopment Authority (as the recognized redevelopment authority for former Defense Depot Ogden, Utah, which was closed pursuant to 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)) related to the terms or execution of the Caretaker Agreement originally signed and dated September 10, 1997, between the Department of the Army and the City of Ogden and the Ogden Local Redevelopment Authority is hereby declared to be settled, the City of Ogden and the Ogden Local Redevelopment Authority have no remaining financial obligation to the United States arising from that agreement, and the Defense Contract Management Agency shall cease any collection efforts with respect to any such claim.
Condition— The operation of subsection (a) is conditioned on release by the City of Ogden and the Ogden Local Redevelopment Authority of any remaining financial claim against the United States raising from the Caretaker Agreement described in subsection (a).
XXVIII Military Construction General Provisions
A Military Construction Program and Military Family Housing Changes
Sec. 2801 Prevention of circumvention of military construction laws
Subsection (a) of section 2802 of title 10, United States Code, is amended to read as follows:
“(a) Except as otherwise provided by this chapter, the Secretary concerned may carry out only such military construction projects, land acquisitions, and defense access road projects (as described under section 210 of title 23) as are specifically authorized in a Military Construction Authorization Act.”
Sec. 2802 Modification of authority to carry out unspecified minor military construction
Unspecified minor military construction project described— Subsection (a)(2) of section 2805 of title 10, United States Code, is amended—
in the first sentence, by striking “$2,000,000” and inserting “$3,000,000”; and
by striking the second sentence.
Increased threshold for application of Secretory approval and congressional notification requirements— Subsection (b)(1) of such section is amended by striking “$750,000” and inserting “$1,000,000”.
Maximum amount of operation and maintenance funds authorized to be used for projects— Subsection (c) of such section is amended by striking “$750,000” and inserting “$1,000,000”.
Annual location adjustment of dollar limitations— Such section is further amended by adding at the end the following new subsection:
“(f) Adjustment of dollar limitations for location—Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project.”
Sec. 2803 Use of one-step turn-key contractor selection procedures for additional facility projects
Section 2862 of title 10, United States Code, is amended to read as follows:
“2862. Turn-key selection procedures
“(a) Authority to use for certain purposes—The Secretary concerned may use one-step turn-key selection procedures for the purpose of entering into a contract for any of the following purposes:
“(1) The construction of an authorized military construction project.
“(2) A repair project (as defined in section 2811(e) of this title) with an approved cost equal to or less than $4,000,000.
“(3) The construction of a facility as part of an authorized security assistance activity.
“(b) Definitions—In this section:
“(1) The term “one-step turn-key selection procedures” means procedures used for the selection of a contractor on the basis of price and other evaluation criteria to perform, in accordance with the provisions of a firm fixed-price contract, both the design and construction of a facility using performance specifications supplied by the Secretary concerned.
“(2) The term “security assistance activity” means—
“(A) humanitarian and civic assistance authorized by sections 401 and 2561 of this title;
“(B) foreign disaster assistance authorized by section 404 of this title;
“(C) foreign military construction sales authorized by section 29 of the Arms Export Control Act (22 U.S.C. 2769);
“(D) foreign assistance authorized under sections 607 and 632 of the Foreign Assistance Act of 1961 (22 U.S.C. 2357, 2392); and
“(E) other international security assistance specifically authorized by law.”
Sec. 2804 Extension of limitation on construction projects in European Command area of responsibility
Section 2809 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1013) is amended—
in subsection (a), by inserting “or the Military Construction Authorization Act for Fiscal Year 2015” after “this division”; and
in subsection (b)(1), by striking “the date of the enactment of this Act” and inserting “December 27, 2013”.
Sec. 2805 Report on Prevalence of Black Mold in Buildings Located on Military Installations
Report— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall report to Congress on the prevalence of black mold in buildings located on military installations.
Action required— Based on the report required under subsection (a), buildings identified in such report as containing black mold shall be added to the appropriate branch’s construction priority list for building replacement or renovation.
B Real Property and Facilities Administration
Sec. 2811 Consultation requirement in connection with Department of Defense major land acquisitions
Section 2664(a) of title 10, United States Code, is amended—
by inserting “(1)” before “No military department”;
by inserting after the first sentence the following new paragraph:
“(2) If the real property acquisition is a major land acquisition inside a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States, the Secretary concerned shall consult with the chief executive officer of the State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or the territory or possession in which the land is located to determine options for completing the real property acquisition.”
by striking “The foregoing limitation” and inserting the following:
“(3) The limitations imposed by paragraphs (1) and (2)”
by adding at the end the following new paragraph:
“(4) In this subsection, the term “major land acquisition” means any land acquisition not covered by the authority to acquire low-cost interests in land under section 2663(c) of this title.”
Sec. 2812 Renewals, extensions, and succeeding leases for financial institutions operating on military installations
Section 2667(h) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(4)
“(A) Paragraph (1) does not apply to a renewal, extension, or succeeding lease by the Secretary concerned with a financial institution selected in accordance with the Department of Defense Financial Management Regulation providing for the selection of financial institutions to operate on military installations if each of the following applies:
“(i) The on-base financial institution was selected before the date of the enactment of this paragraph or competitive procedures are used for the selection of any new financial institutions.
“(ii) A current and binding operating agreement is in place between the installation commander and the selected on-base financial institution.
“(B) The renewal, extension, or succeeding lease shall terminate upon the termination of the operating agreement described in subparagraph (A)(ii) associated with that lease.”
Sec. 2813 Arsenal Installation Reutilization Authority
Section 2667 of title 10, United States Code, is amended—
by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k), respectively; and
by inserting after subsection (g) the following new subsection (h):
“(h) Arsenal installation reutilization authority
“(1) In the case of a military manufacturing arsenal, the Secretary concerned shall delegate, subject to paragraph (2), the authority provided by this section to the commander of the military manufacturing arsenal or, if part of a larger military installation, the installation commander for the purpose of—
“(A) helping to maintain the viability of military manufacturing arsenals and any installations on which they are located;
“(B) eliminating, or at least reducing, the cost of Government ownership of military manufacturing arsenals, including the costs of operations and maintenance, the costs of environmental remediation, and other costs; and
“(C) leveraging private investment at military manufacturing arsenals through long-term facility use contracts, property management contracts, leases, or other agreements that support and advance the preceding purposes.
“(2) The authority delegated under paragraph (1) does not include the authority to enter into a lease or contract under this section to carry out any activity covered by section 4544(b) of this title related to sale of articles manufactured by a military manufacturing arsenal or services performed by a military manufacturing arsenal or the performance of manufacturing work at the military manufacturing arsenal.
“(3) Both leases and contracts are authorized under this section for a military manufacturing arsenal, and, notwithstanding subsection (b)(1), the term of the lease or contract may be for up to 25 years if a lease or contract of that duration will promote the national defense or be in the public interest.
“(4) In this subsection, the term “military manufacturing arsenal” means a Government-owned, Government-operated defense plant of the Department of the Defense that manufactures weapons, weapon components, or both.”
Sec. 2814 Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions
Authority to credit reimbursed funds to accounts currently available— Section 2695(c) of title 10, United States Code, is amended—
by striking the first sentence and inserting the following:
“(A) to the appropriation, fund, or account from which the expenses were paid; or
“(B) to an appropriate appropriation, fund, or account currently available to the Secretary for the purposes for which the expenses were paid.”
in the second sentence, by striking “Amounts so credited” and inserting the following:
“(2) Amounts credited under paragraph (1)”
Prospective applicability— The amendments made by subsection (a) shall not apply to administrative expenses related to a real property transaction referred to in section 2695(b) of title 10, United States Code, that were covered by the Secretary of a military department using amounts appropriated to the Secretary before the date of the enactment of this Act.
Sec. 2815 Special easement acquisition authority, Pacific Missile Range Facility, Barking Sands, Kauai, Hawaii
Easement acquisition authority— The Secretary of the Navy may use the authority provided by sections 2664 and 2684a of title 10, United States Code, to enter into agreements with or acquire from willing sellers easements and other interests in real property in the vicinity of the Pacific Missile Range Facility, Barking Sands, Kauai, Hawaii, for the purpose of—
limiting encroachments on military training, testing, and operations at that installation; or
facilitating such training, testing, and operations.
Consideration— As consideration for the acquisition of an easement or other interest in real property under subsection (a), the Secretary of the Navy may not pay an amount in excess of the fair market value of the interest to be acquired.
Conditions on use of authority—
No use of condemnation— An easement or other interest in real property may be acquired under subsection (a) only from a willing seller.
No acquisition of complete title— Nothing in this section shall be construed to permit the Secretary of the Navy to use this section as authority to acquire all right, title, and interest in and to real property in the vicinity of the Pacific Missile Range Facility, Barking Sands.
Vicinity defined— In this section, the term vicinity means the area within 30 miles of the boundaries of the Pacific Missile Range Facility, Barking Sands.
Sec. 2816 National security considerations for inclusion of Federal property on National Register of Historic Places or designation as National Historic Landmark under the National Historic Preservation Act
Section 101(a) of the National Historic Preservation Act (16 U.S.C. 470a(a)) is amended as follows:
In paragraph (2)—
in subparagraph (E), by striking “; and” and inserting a semicolon;
in subparagraph (F), by striking the period and inserting “; and”; and
by adding at the end the following:
“(G) notifying the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the Senate if the property is owned by the Federal Government when the property is being considered for inclusion on the National Register, for designation as a National Historic Landmark, or for nomination to the World Heritage List.”
By redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively.
By inserting after paragraph (6) the following:
“(7) If the head of the agency managing any Federal property objects to such inclusion or designation for reasons of national security, such as any impact the inclusion or designation would have on use of the property for military training or readiness purposes, that Federal property shall be neither included on the National Register nor designated as a National Historic Landmark until the objection is withdrawn.”
By adding after paragraph (9) (as so redesignated by paragraph (2) of this section) the following:
“(10) The Secretary shall promulgate regulations to allow for expedited removal of Federal property listed on the National Register of Historic Places if the managing agency of that Federal property submits to the Secretary a written request to remove the Federal property from the National Register of Historic Places for reasons of national security, such as any impact the inclusion or designation would have on use of the property for military training or readiness purposes.”
Sec. 2817 Sense of Congress on national security and public lands
It is the sense of Congress that—
national defense should be the top priority for all aspects of the Federal Government; and
national security functions, such as military training and exercises, should be the top priority, particularly with regard to the use of land owned by the United States.
Sec. 2818 Use of former bombardment area on island of Culebra, Puerto Rico
Sense of congress— It is the sense of Congress that the statutory prohibition restricting environmental cleanup of the former bombardment area on the island of Culebra, Puerto Rico, is a unique anomaly for the Department of Defense and its formerly used defense sites.
Modification of restriction on Federal decontamination authority— Section 204(c) of the Military Construction Authorization Act, 1974 (Public Law 93–166; 87 Stat. 668) is amended by adding at the end the following new sentence: “The first sentence of this subsection shall not apply to the portions of the former bombardment area that were identified as having regular public access in the Department of Defense study entitled “Study Relating to the Presence of Unexploded Ordnance in a Portion of the Former Naval Bombardment Area of Culebra Island, Commonwealth of Puerto Rico” and dated April 20, 2012, which was prepared in accordance with section 2815 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4464).”.
Sec. 2819 Indemnification of transferees of property at military installations closed since October 24, 1988, that remain under the jurisdiction of the Department of Defense
Section 330(a) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2687 note) is amended—
in paragraph (1)—
by striking “paragraph (3)” and inserting “paragraph (4)”; and
by striking “paragraph (2)” and inserting “paragraph (3)”;
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
in paragraph (4), as redesignated, by striking “paragraph (2) contributed to any such release or threatened release, paragraph (1)” and inserting “paragraph (3) contributed to any such release or threatened release, paragraph (1) or (2)”; and
by inserting after paragraph (1) the following new paragraph (2):
“(2) The responsibility of the Secretary of Defense to hold harmless, defend, and indemnify in full certain persons and entities described in paragraph (3) also applies with respect to any military installation (or portion thereof) that—
“(A) was closed during the period beginning on October 24, 1988, and ending on the date of the enactment of this paragraph, other than pursuant to a base closure law; and
“(B) remains under the jurisdiction of the Department of Defense as of the date of the enactment of this paragraph.”
C Provisions Related to Asia-Pacific Military Realignment
Sec. 2831 Repeal or modification of certain restrictions on realignment of Marine Corps forces in Asia-Pacific Region
Section 2822 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1016) is amended—
by striking subsections (a), (b), (c), and (e);
by redesignating subsections (d) and (f) as subsections (b) and (c), respectively; and
by inserting before subsection (b), as redesignated, the following new subsection (a):
“(a) Restriction on Development of Public Infrastructure
“(1) Restriction—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 2015 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 directly supports an infrastructure project agreed upon in the March 2011 Programmatic Agreement signed by the Department of Defense, the Advisory Council on Historic Preservation, the Guam State Historic Preservation Officer, and the Commonwealth of the Northern Mariana Islands State Historic Preservation Officer Regarding the Military Relocation to the Islands of Guam and Tinian.
“(2) Public infrastructure defined—In this subsection, 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.”
Sec. 2832 Establishment of surface danger zone, Ritidian Unit, Guam National Wildlife Refuge
Agreement to establish— In order to accommodate the operation of a live-fire training range complex on Andersen Air Force Base-Northwest Field and the management of the adjacent Ritidian Unit of the Guam National Wildlife Refuge, the Secretary of the Navy and the Secretary of the Interior, notwithstanding the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), may enter into an agreement providing for the establishment and operation of a surface danger zone which overlays the Ritidian Unit or such portion thereof as the Secretaries consider necessary.
Elements of agreement— The agreement to establish a surface danger zone over all or a portion of the Ritidian Unit of the Guam National Wildlife Refuge shall include—
measures to maintain the purposes of the Refuge; and
as appropriate, measures, funded by the Secretary of the Navy from funds appropriated after the date of enactment of this Act and otherwise available to the Secretary, for the following purposes:
Relocation and reconstruction of structures and facilities of the Refuge in existence as of the date of the enactment of this Act.
Mitigation of impacts to wildlife species present on the Refuge or to be reintroduced in the future in accordance with applicable laws.
Use of Department of Defense personnel to undertake conservation activities within the Ritidian Unit normally performed by Department of the Interior personnel, including habitat maintenance, maintaining the boundary fence, and conducting the brown tree snake eradication program.
Openings and closures of the surface danger zone to the public as may be necessary.
D Land Conveyances
Sec. 2841 Land conveyance, Mt. Soledad Veterans Memorial, La Jolla, California
Conveyance authorized— The Secretary of Defense may convey, without consideration, to the Mount Soledad Memorial Association, Inc. (in this section referred to as the “Association”), all right, title, and interest of the United States in and to the Mt. Soledad Veterans Memorial in La Jolla, California, for the purpose of permitting the Association to maintain the property for public purposes. Upon conveyance of all right, title, and interest of the United States in and to the property under this subsection, the United States severs all involvement with the property and, notwithstanding the condition imposed by subsection (c), does not retain a reversionary interest for the enforcement of such condition.
Payment of costs of conveyance—
Payment required— The Secretary of Defense shall require the Association to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Association 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 Association.
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Conditions on conveyance— The conveyance of the Mt. Soledad Veterans Memorial under subsection (a) shall be subject to the condition that a memorial shall be maintained and used as a veterans memorial in perpetuity.
Description of property— The legal description of the Mt. Soledad Veterans Memorial is provided in section 2(d) of Public Law 109–272 (120 Stat. 771; 16 U.S.C. 431 note).
Additional terms and conditions— The Secretary of Defense 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. 2842 Land conveyance, former Walter Reed Army Hospital, District of Columbia
Conveyance authorized— The Secretary of the Army may convey, without consideration, to Children’s Hospital, nonprofit corporation organized under the laws of the District of Columbia with its principal place of business in the District of Columbia (in this section referred to as the “Children’s Hospital”), all right, title, and interest of the United States in and to a parcel of real property at former Walter Reed Army Hospital in the District of Columbia consisting of approximately 13.25 acres and including building 54 (The Armed Forces Institute of Pathology Building and former Military Medical Museum), building 53 (former post theater), building 52 (warehouse and outpatient clinic), and building 3 (attached parking structure) for the purpose of permitting Children’s Hospital to use the parcel for public-benefit purposes.
Condition on use of revenues— If the property conveyed under subsection (a) is used for a public-benefit purpose that results in the generation of revenue for Children’s Hospital, Children’s Hospital shall agree to use the generated revenue only for medical research purposes by depositing the revenues in fund designated for medical research use.
Payment of costs of conveyance—
Payment required— The Secretary of the Army shall require Children’s Hospital to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from Children’s Hospital 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 Children’s Hospital.
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 Army.
Relation to other laws— Section 2905(b) of the Defense Base Closure and Realignment Act of 1990 (title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and section 2696 of title 10, United States Code, shall not apply with respect to the real property authorized for conveyance under subsection (a).
Reversionary interest— If the Secretary of the Army 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 Children’s Hospital 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 and conditions— The Secretary of the Army may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2843 Transfers of administrative jurisdiction, Camp Frank D. Merrill and Lake Lanier, Georgia
Transfers Required—
Camp Frank D. Merrill— Not later than September 30, 2015, the Secretary of Agriculture shall transfer to the administrative jurisdiction of the Secretary of the Army for required Army force protection measures certain Federal land administered as part of the Chattahoochee National Forest, but permitted to the Secretary of the Army for Camp Frank D. Merrill in Dahlonega, Georgia, consisting of approximately 282.304 acres identified in the permit numbered 0018–01.
Lake lanier property— In exchange for the land transferred under paragraph (1), the Secretary of the Army (acting through the Chief of Engineers) shall transfer to the administrative jurisdiction of the Secretary of Agriculture certain Federal land administered by the Army Corps of Engineers and consisting of approximately 10 acres adjacent to Lake Lanier at 372 Dunlap Landing Road, Gainesville, Georgia.
Use of Transferred Land—
Camp Frank D. Merrill— Upon receipt of the land under subsection (a)(1), the Secretary of the Army shall continue to use the land for military purposes.
Lake lanier property— Upon receipt of the land under subsection (a)(2), the Secretary of Agriculture shall use the land for administrative purposes.
Protection of the Etowah Darter and Holiday Darter— Nothing in the transfer required by subsection (a)(1) shall affect the prior designation of lands within the Chattahoochee National Forest as critical habitat for the Etowah darter (Etheostoma etowahae) and the Holiday darter (Etheostoma brevirostrum).
Legal Description and Map—
Preparation and publication— The Secretary of the Army and the Secretary of Agriculture shall publish in the Federal Register a legal description and map of both parcels of land to be transferred under subsection (a).
Force of law— The legal description and map filed under paragraph (1) for a parcel of land shall have the same force and effect as if included in this Act, except that the Secretaries may correct errors in the legal description and map.
Reimbursements of Costs— The transfers required by subsection (a) shall be made without reimbursement, except that the Secretary of the Army shall reimburse the Secretary of Agriculture for any costs incurred by the Secretary of Agriculture to assist in the preparation of the legal description and maps required by subsection (d).
Sec. 2844 Land conveyance, Joint Base Pearl Harbor-Hickam, Hawaii
Conveyance authorized— The Secretary of the Navy may convey, without consideration, to the Honolulu Authority for Rapid Transportation (in this section referred to as the “Honolulu 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 1.2 acres at or in the nearby vicinity of Radford Drive and the Makalapa Gate of Joint Base Pearl Harbor-Hickam, for the purpose of permitting the Honolulu Authority 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 Honolulu Authority, the Honolulu Authority shall agree to use the generated revenue only for passenger rail transit purposes by depositing the revenue in a fund designated for passenger rail transit use.
Payment of costs of conveyance—
Payment required— The Secretary of the Navy shall require the Honolulu Authority 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 Honolulu Authority 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 Honolulu 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 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. 2845 Modification of conditions on land conveyance, Joliet Army Ammunition Plant, Illinois
Section 2922(c)(2) of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104–106; 110 Stat. 605), as added by section 2842 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 863) is amended in the second sentence, by striking “23 years of operation” and inserting “38 years of operation”.
Sec. 2846 Land conveyance, Robert H. Dietz Army Reserve Center, Kingston, New York
Conveyance authorized— The Secretary of the Army may convey, without consideration, to the City of Kingston, New York (in this section referred to as the “City”), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 4 acres and containing the Robert H. Dietz Army Reserve Center located at 144 Flatbush Avenue in Kingston, New York, for the purpose of permitting the City to use the parcel for public purposes.
Reversionary interest— If the Secretary of the Army 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), 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.
Alternative consideration option—
Fair market value— In lieu of exercising the reversionary interest under subsection (b) if the Secretary of the Army determines that the conveyed property is not being used in accordance with the purpose of the conveyance, the Secretary may require the City to pay to the United States an amount equal to the fair market value of the property, as determined pursuant to paragraph (2).
Appraisal; adjustment— The Secretary shall determine the fair market value of the property through an appraisal conducted by a licensed, independent appraiser acceptable to the Secretary and the City. The fair market value of the property shall be adjusted to exclude the value of any improvements on the property constructed by the City.
Payment of costs of conveyance—
Payment required— The Secretary of the Army shall require the City to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the City 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 City.
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.
Additional terms and conditions— The Secretary of the Army 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. 2847 Exercise of reversionary interest, Camp Gruber, Oklahoma
Business case analysis— Not later than March 31, 2015, the Secretary of the Army shall perform a business case analysis to consider the merits of seeking, for use as military maneuver space, the reversion of former Camp Gruber, Oklahoma, which—
consists of approximately 31,283.66 acres; and
was conveyed to the Oklahoma Department of Wildlife in 1948 subject to a reversionary clause that gives the United States the right to reacquire the land if needed for national defense purposes.
Exercise of reversionary right— If, as a result of the business case analysis required by subsection (a), the Secretary of the Army determines that reacquisition of former Camp Gruber is needed for national defense purposes, the Secretary shall exercise the reversionary right and request the Oklahoma Department of Wildlife to reconvey Camp Gruber to the United States.
Conveyance to Oklahoma military department— If Camp Gruber is reacquired by the United States under subsection (b), the Secretary of the Army shall convey, without consideration, all right, title, and interest of the United States in and to Camp Gruber to the Oklahoma Military Department for the purpose of permitting the Oklahoma Military Department to use Camp Gruber as military maneuver space.
Consultation requirement— The Secretary of the Army shall conduct the business case analysis required by subsection (a) and make the determination under subsection (b) in consultation with the Adjutant General of the Oklahoma Military Department.
Structures and improvements— The reacquisition of Camp Gruber under this section shall include the improvements, structures, and fixtures located at Camp Gruber and related personal property.
Costs—
Costs of exercising reversion— The Secretary of the Army shall be responsible for all reasonable and necessary costs associated with exercising the reversionary interest under subsection (b) and reacquiring Camp Gruber, including real estate transaction and environmental documentation costs.
Costs of subsequent conveyance—
Payment required— The Secretary of the Army shall require the Oklahoma Military Department 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 (c), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Oklahoma Military Department 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 Oklahoma Military Department.
Treatment of amounts received— Amounts received as reimbursement under subparagraph (A) 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.
Prohibition on use of Operation and Maintenance funds— Notwithstanding subsection (f), the Secretary of the Army may not use amounts appropriated for operation and maintenance for the Army for the purpose of establishing, reactivating, modernizing, or sustaining any portion of Camp Gruber reacquired by the United States under subsection (b).
Additional terms and conditions— The Secretary of the Army may require such additional terms and conditions in connection with the conveyance under subsection (c) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2848 Land conveyance, Hanford Site, Washington
Conveyance required—
In general— Not later than December 31, 2014, the Secretary of Energy shall convey to the Community Reuse Organization of the Hanford Site (in this section referred to as the “Organization”) all right, title, and interest of the United States in and to two parcels of real property, including any improvements thereon, consisting of approximately 1,341 acres and 300 acres, respectively, of the Hanford Reservation, as requested by the Organization on May 31, 2011, and October 13, 2011, and as depicted within the proposed boundaries on the map titled “Attachment 2–Revised Map” included in the October 13, 2011, letter.
Modification of conveyance— Upon the agreement of the Secretary and the Organization, the Secretary may adjust the boundaries of one or both of the parcels specified for conveyance under paragraph (1).
Consideration— As consideration for the conveyance under subsection (a), the Organization shall pay to the United States an amount equal to the estimated fair market value of the conveyed real property, as determined by the Secretary of Energy, except that the Secretary may convey the property without consideration or for consideration below the estimated fair market value of the property if the Organization—
agrees that the net proceeds from any sale or lease of the property (or any portion thereof) received by the Organization during at least the seven-year period beginning on the date of such conveyance will be used to support the economic redevelopment of, or related to, the Hanford Site; and
executes the agreement for such conveyance and accepts control of the real property within a reasonable time.
Expedited Notification to Congress— Except as provided in subsection (d)(2), the enactment of this section shall be construed to satisfy any notice to Congress otherwise required for the land conveyance required by this section.
Additional terms and conditions—
In general— The Secretary of Energy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary deems necessary to protect the interests of the United States.
Congressional notification— If the Secretary uses the authority provided by paragraph (1) to impose a term or condition on the conveyance, the Secretary shall submit to Congress written notice of the term or condition and the reason for imposing the term or condition.
Sec. 2849 Land conveyance, former Air Force Norwalk Defense Fuel Supply Point, Norwalk, California
Conveyance authorized— The Secretary of the Air Force may convey, without consideration, to the City of Norwalk, California (in this section referred to as the “City”), all right, title, and interest of the United States in and to the real property, including any improvements thereon, consisting of approximately 15 acres at the former Norwalk Defense Fuel Supply Point for public purposes.
Application of environmental laws— Nothing in this section shall affect the applicability of Federal, State, or local environmental laws and regulations, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), to the Department of the Air Force.
Payment of cost of conveyance—
Payment required— The Secretary of the Air Force shall require the City 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 related to the conveyance, and any other administrative costs related to the conveyance. If amounts are collected from the City 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 City.
Treatment of amounts received—
Subject to subparagraph (B), 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 or, if the period of availability for obligations for that appropriation has expired, to the appropriations or fund that is currently available to the Secretary for the same purpose. 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.
Amounts received as reimbursement under paragraph (1) are subject to appropriations.
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 Air Force.
Additional terms— The Secretary of the Air Force 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.
E Other Matters
Sec. 2861 Memorial to the victims of the shooting attack at the Washington Navy Yard
Memorial authorized— The Secretary of the Navy may establish on the grounds of the Washington Navy Yard in the District of Columbia a memorial dedicated to the victims of the shooting attack at the Washington Navy Yard that occurred on September 16, 2013.
Establishment, maintenance, and repair— The Secretary of the Navy shall be responsible for the establishment, maintenance, and repair of the memorial.
Acceptance of contributions; use—
Acceptance of contributions— The Secretary of the Navy may solicit and accept monetary contributions and gifts of property for the purpose of establishing, maintaining, and repairing the memorial without regard to limitations contained in section 2601 of title 10, United States Code.
Establishment of account— There is established on the books of the Treasury an account for the deposit of monetary contributions received pursuant to paragraph (1).
Deposit and availability of contributions— The Secretary of the Navy shall deposit monetary contributions accepted under paragraph (1) in the account. The funds in the account shall be available to the Secretary, until expended and without further appropriation, but only for the establishment, maintenance, and repair of the memorial.
Sec. 2862 Redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies
Redesignation— The Department of Defense regional center for security studies known as the Asia-Pacific Center for Security Studies is hereby renamed the “Daniel K. Inouye Asia-Pacific Center for Security Studies”.
Conforming amendments—
Reference to regional centers for strategic studies— Section 184(b)(2)(B) of title 10, United States Code, is amended by striking “Asia-Pacific Center for Security Studies” and inserting “Daniel K. Inouye Asia-Pacific Center for Security Studies”.
Acceptance of gifts and donations— Section 2611(a)(2)(B) of such title is amended by striking “Asia-Pacific Center for Security Studies” and inserting “Daniel K. Inouye Asia-Pacific Center for Security Studies”.
References— Any reference to the Department of Defense Asia-Pacific Center for Security Studies in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Daniel K. Inouye Asia-Pacific Center for Security Studies.
Sec. 2863 Redesignation of Pohakuloa Training Area in Hawaii as Pohakuloa Training Center
Redesignation— The Pohakuloa Training Area in the State of Hawaii is hereby renamed the “Pohakuloa Training Center”.
References— Any reference to the Pohakuloa Training Area in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Pohakuloa Training Center.
Sec. 2864 Designation of Distinguished Flying Cross National Memorial in Riverside, California
Findings— Congress finds the following:
The most reliable statistics regarding the number of members of the Armed Forces who have been awarded the Distinguished Flying Cross indicate that 126,318 members of the Armed Forces received the medal during World War II, approximately 21,000 members received the medal during the Korean conflict, and 21,647 members received the medal during the Vietnam War. Since the end of the Vietnam War, more than 203 Armed Forces members have received the medal in times of conflict.
The National Personnel Records Center in St. Louis, Missouri, burned down in 1973, and thus many more recipients of the Distinguished Flying Cross may be undocumented. Currently, the Department of Defense continues to locate and identify members of the Armed Forces who have received the medal and are undocumented.
The United States currently lacks a national memorial dedicated to the bravery and sacrifice of those members of the Armed Forces who have distinguished themselves by heroic deeds performed in aerial flight.
An appropriate memorial to current and former members of the Armed Forces is under construction at March Field Air Museum in Riverside, California.
This memorial will honor all those members of the Armed Forces who have distinguished themselves in aerial flight, whether documentation of such members who earned the Distinguished Flying Cross exists or not.
Designation— The memorial to members of the Armed Forces who have been awarded the Distinguished Flying Cross, located at March Field Air Museum in Riverside, California, is hereby designated as the Distinguished Flying Cross National Memorial.
Effect of designation— The national memorial designated by this section is not a unit of the National Park System, and the designation of the national memorial shall not be construed to require or permit Federal funds to be expended for any purpose related to the national memorial.
Sec. 2865 Renaming site of the Dayton Aviation Heritage National Historical Park, Ohio
Section 101(b)(5) of the Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C. 410ww(b)(5)) is amended by striking “Aviation Center” and inserting “National Museum”.
Sec. 2866 Manhattan Project National Historical Park
Purposes— The purposes of this section are—
to preserve and protect for the benefit of present and future generations the nationally significant historic resources associated with the Manhattan Project and which are under the jurisdiction of the Department of Energy defense environmental cleanup program under this title;
to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project;
to enhance public access to the Historical Park consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and
to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project.
Definitions— In this section:
Historical park— The term “Historical Park” means the Manhattan Project National Historical Park established under subsection (c).
Manhattan project— The term “Manhattan Project” means the Federal military program to develop an atomic bomb ending on December 31, 1946.
Secretary— The term “Secretary” means the Secretary of the Interior.
Establishment of manhattan project national historical park—
Establishment—
Date— Not later than 1 year after the date of enactment of this section, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park.
Areas included— The Historical Park shall consist of facilities and areas listed under paragraph (2) as determined by the Secretary, in consultation with the Secretary of Energy. The Secretary shall include the area referred to in paragraph (2)(C)(i), the B Reactor National Historic Landmark, in the Historical Park.
Eligible areas— The Historical Park may only be comprised of one or more of the following areas, or portions of the areas, as generally depicted in the map titled “Manhattan Project National Historical Park Sites”, numbered 540/108,834–C, and dated September 2012:
Oak ridge, Tennessee— Facilities, land, or interests in land that are—
at Buildings 9204–3 and 9731 at the Department of Energy Y–12 National Security Complex;
at the X–10 Graphite Reactor at the Department of Energy Oak Ridge National Laboratory;
at the K–25 Building site at the Department of Energy East Tennessee Technology Park; and
at the former Guest House located at 210 East Madison Road.
Los Alamos, New Mexico— Facilities, land, or interests in land that are—
in the Los Alamos Scientific Laboratory National Historic Landmark District, or any addition to the Landmark District proposed in the National Historic Landmark Nomination—Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA–UR 12–00387 (January 26, 2012);
at the former East Cafeteria located at 1670 Nectar Street; and
at the former dormitory located at 1725 17th Street.
Hanford, Washington— Facilities, land, or interests in land on the Department of Energy Hanford Nuclear Reservation that are—
the B Reactor National Historic Landmark;
the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District;
the White Bluffs Bank building in the White Bluffs Historic District;
the warehouse at the Bruggemann’s Agricultural Complex;
the Hanford Irrigation District Pump House; and
the T Plant (221–T Process Building).
Written consent of owner— No non-Federal property may be included in the Historical Park without the written consent of the owner.
Agreement—
In general— Not later than 1 year after the date of enactment of this section, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Los Alamos, and Richland site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is to be included in the Historical Park under subsection (c)(2), including provisions for enhanced public access, management, interpretation, and historic preservation.
Responsibilities of the Secretary— Any agreement under paragraph (1) shall provide that the Secretary shall—
have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and
ensure that the agreement provides an appropriate advisory role for the National Park Service in preserving the historic resources covered by the agreement.
Responsibilities of the secretary of energy— Any agreement under paragraph (1) shall provide that the Secretary of Energy—
shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site;
may consult with and provide historical information to the Secretary concerning the Manhattan Project;
shall retain responsibility, in accordance with applicable law, for any environmental remediation that may be necessary in or around the facilities, land, or interests in land governed by the agreement; and
shall retain authority and legal obligations for historic preservation and general maintenance, including to ensure safe access, in connection with the Department’s Manhattan Project resources.
Amendments— The agreement under paragraph (1) may be amended, including to add to the Historical Park facilities, land, or interests in land within the eligible areas described in subsection (c)(2) that are under the jurisdiction of the Secretary of Energy.
Public participation—
In general— The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public—
before executing any agreement under subsection (d); and
in the development of the general management plan under subsection (f)(2).
Notice of determination— Not later than 30 days after the date on which an agreement under subsection (d) is entered into, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map.
Availability of map— The official boundary map published under paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service. The map shall be updated to reflect any additions to the Historical Park from eligible areas described in subsection (c)(2).
Additions— Any land, interest in land, or facility within the eligible areas described in subsection (c)(2) that is acquired by the Secretary or included in an amendment to the agreement under subsection (d)(4) shall be added to the Historical Park.
Administration—
In general— The Secretary shall administer the Historical Park in accordance with—
this section; and
the laws generally applicable to units of the National Park System, including—
the National Park System Organic Act (16 U.S.C. 1 et seq.); and
the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
General management plan— Not later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary, with the concurrence of the Secretary of Energy, and in consultation and collaboration with the Oak Ridge, Los Alamos and Richland Department of Energy site offices, shall complete a general management plan for the Historical Park in accordance with section 12(b) of Public Law 91–383 (commonly known as the National Park Service General Authorities Act; 16 U.S.C. 1a–7(b)).
Interpretive tours— The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park.
Land acquisition—
In general— The Secretary may acquire land and interests in land within the eligible areas described in subsection (c)(2) by—
transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy;
donation; or
exchange.
No use of condemnation— The Secretary may not acquire by condemnation any land or interest in land under this section or for the purposes of this section.
Donations; cooperative agreements—
Federal facilities—
In general— The Secretary may enter into one or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency.
Donations; cooperative agreements— The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under clause (i) or to provide visitor services and administrative facilities within reasonable proximity to the Historical Park.
Technical assistance— The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park.
Donations to department of energy— For the purposes of this section, or for the purpose of preserving and providing access to historically significant Manhattan Project resources, the Secretary of Energy may accept, hold, administer, and use gifts, bequests, and devises (including labor and services).
Clarification—
No buffer zone created— Nothing in this section, the establishment of the Historical Park, or the management plan for the Historical Park shall be construed to create buffer zones outside of the Historical Park. That an activity can be seen and heard from within the Historical Park shall not preclude the conduct of that activity or use outside the Historical Park.
No cause of action— Nothing in this section shall constitute a cause of action with respect to activities outside or adjacent to the established boundary of the Historical Park.
Sec. 2867 Ensuring public access to the summit of Rattlesnake Mountain in the Hanford Reach National Monument
In general— The Secretary of the Interior, acting as the administrator of land owned by the Office of Environmental Management of the Department of Energy known as the “Hanford Reach National Monument”, shall provide public access to the summit of Rattlesnake Mountain in the Hanford Reach National Monument for educational, recreational, historical, scientific, cultural, and other purposes, including—
motor vehicle access; and
pedestrian and other nonmotorized access.
Cooperative agreements— The Secretary of the Interior may enter into cooperative agreements to facilitate access to the summit of Rattlesnake Mountain—
with the Secretary of Energy, the State of Washington, or any local government agency or other interested persons, for guided tours, including guided motorized tours to the summit of Rattlesnake Mountain; and
with the Secretary of Energy, and with the State of Washington or any local government agency or other interested persons, to maintain the access road to the summit of Rattlesnake Mountain.
XXIX Military Land Transfers and Withdrawals to Support Readiness and Security
A Naval Air Station Fallon, Nevada
Sec. 2901 Transfer of administrative jurisdiction, Naval Air Station Fallon, Nevada
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall transfer to the Secretary of the Navy, without consideration, the Federal land described in subsection (b).
Description of Federal land— The Federal land referred to in subsection (a) is the parcel of approximately 400 acres of land under the jurisdiction of the Secretary of the Interior that—
is adjacent to Naval Air Station Fallon in Churchill County, Nevada; and
was withdrawn under Public Land Order 6834 (NV–943–4214–10; N–37875).
Management— On transfer of the Federal land described under subsection (b) to the Secretary of the Navy, the Secretary of the Navy shall have full jurisdiction, custody, and control of the Federal land.
Sec. 2902 Water rights
Water rights— Nothing in this subtitle shall be construed—
to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this subtitle; or
to authorize the appropriation of water on lands transferred by this subtitle except in accordance with applicable State law.
Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
Sec. 2903 Withdrawal
Subject to valid existing rights, the Federal land to be transferred under section 2901 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, so long as the land remains under the administrative jurisdiction of the Secretary of the Navy.
B Marine Corps Air Ground Combat Center Twentynine Palms, California
Sec. 2911 Redesignation of Johnson Valley Off-Highway Vehicle Recreation Area, California
Redesignation— The Johnson Valley Off-Highway Vehicle Recreation Area in California is hereby redesignated as the “Johnson Valley National Off-Highway Vehicle Recreation Area”.
Conforming amendments— Subtitle C of title XXIX of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66) is amended—
in section 2942(c)(3) (127 Stat. 1037), by striking “Johnson Valley Off-Highway Vehicle Recreation Area”and inserting “Johnson Valley National Off-Highway Vehicle Recreation Area”; and
in section 2945 (127 Stat. 1038)—
in the section heading, by inserting “national” after “valley”;
in subsection (a), by inserting “National” after “Valley” in the matter preceding paragraph (1); and
in subsections (b), (c), and (d), by inserting “National” after “Valley” each place it appears.
Relation to authorized Navy use— The redesignation of the Johnson Valley Off-Highway Vehicle Recreation Area as the Johnson Valley National Off-Highway Vehicle Recreation Area does not alter or interfere with the rights and obligations of the Navy regarding the use of portions of the Recreation Area as provided in subtitle C of title XXIX of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1034).
References— Any reference in any law, regulation, document, record, map, or other paper of the United States to the Johnson Valley Off-Highway Vehicle Recreation Area is deemed to be a reference to the Johnson Valley National Off-Highway Vehicle Recreation Area.
C Bureau of Land Management Withdrawn Military Lands Efficiency and Savings
Sec. 2921 Elimination of termination date for public land withdrawals and reservations under Military Lands Withdrawal Act of 1999
Elimination of termination date— Section 3015(a) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892) is amended by striking “shall” the first place it appears and all that follows through the period and inserting “shall not terminate other than by an election and determination of the Secretary of the military department concerned or until such time as the Secretary of the Interior can permanently transfer administrative jurisdiction of the lands withdrawn and reserved by this Act to the Secretary of the military department concerned.”.
Conforming amendment— Section 3016 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 893) is repealed.
D Naval Air Weapons Station China Lake, California
Sec. 2931 Withdrawal and reservation of public land for Naval Air Weapons Station China Lake, California
Permanent withdrawal and reservation— Section 2979 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1047) is amended to read as follows:
“2979. Permanent withdrawal and reservation
“The withdrawal and reservation of public land made by section 2971 shall not terminate, except pursuant to—
“(1) an election and determination by the Secretary of the Navy to relinquish the land under section 2922; or
“(2) a transfer by the Secretary of the Interior of permanent administrative jurisdiction over the land to the Secretary of the Navy.”
Withdrawal and reservation of additional public land— Section 2971(b) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1044) is amended—
by striking “The public land” and inserting the following:
“(1) Initial withdrawal—The public land”
by adding at the end the following new paragraph:
“(2) Additional withdrawal—Subject to valid existing rights, the public land (including interests in land) referred to in subsection (a) also includes the approximately 26,313 acres of public land in San Bernardino County, California, identified as “Proposed Navy Acquisition Area” (but excluding the parcel identified as “AF Fee Simple”) on the map entitled “Cuddeback Land Area” and dated April 1, 2014, and filed in accordance with section 2912, except that the withdrawal area specifically excludes any public land included within the Grass Valley Wilderness and all private lands otherwise located within the boundaries of the withdrawal area. The Secretary of the Navy shall ensure that the owners of the excluded private land continue to have reasonable access to their private land.”
Management of additional public land— Section 2973 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1045) is amended by adding at the end the following new subsection:
“(c) Additional management considerations for certain lands—Subject to existing laws and to the extent possible without compromising mission readiness, the Secretary of the Navy shall manage the additional lands withdrawn by section 2971(b)(2) to protect existing historic, economic, cultural, recreational, hunting, and scientific features and uses, including access to existing roadways and trails.”
E White Sands Missile Range, New Mexico
Sec. 2941 Additional withdrawal and reservation of public land to support White Sands Missile Range, New Mexico
Section 2951(b) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1039) is amended—
by striking “The Federal land” and inserting the following:
“(1) Initial withdrawal—The Federal land”
by adding at the end the following new paragraph:
“(2) Northern Extension Area—The Federal land referred to in subsection (a) also includes the Federal land under the jurisdiction of the Bureau of Land Management located beneath the boundaries of the Special Use Airspace Areas designated as R–5107C and R–5107H for White Sands Missile Range, New Mexico, as described in Federal Aviation Administration Order JO 7400.8W dated February 16, 2014.”