Sec. 2001 Short title
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2019”.
Division B — Military construction authorizations
B Military construction authorizations
Sec. 2002 Expiration of authorizations and amounts required to be specified by law
Expiration of authorizations after three years— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII and title XXIX 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, 2023; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024.
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, 2023; or
the date of the enactment of an Act authorizing funds for fiscal year 2024 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(a) 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(a) 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 military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2102 Family housing
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) 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(a) 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 $18,326,000.
Sec. 2103 Authorization of appropriations, Army
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, 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 Extension of authorizations of certain fiscal year 2015 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3669), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (128 Stat. 3670), shall remain in effect until October 1, 2019, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2020, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2105 Extension of authorizations of certain fiscal year 2016 project
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1145) the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (129 Stat. 1146), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table— The table referred to in subsection (a) is as follows:
XXII Navy military construction
Sec. 2201 Authorized Navy construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) 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(a) 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 installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2202 Family housing
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, in the number of units, and in the amount set forth in the following table:
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,502,000.
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(a) 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 $16,638,000.
Sec. 2204 Authorization of appropriations, Navy
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, 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.
XXIII Air Force military construction
Sec. 2301 Authorized Air Force construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amount, set forth in the following table:
Sec. 2302 Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,199,000.
Sec. 2303 Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $75,247,000.
Sec. 2304 Authorization of appropriations, Air Force
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2305 Modification of authority to carry out certain phased project authorized in fiscal years 2015, 2016, and 2017
In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3679) for Royal Air Force Croughton, for JIAC Consolidation Phase 1, the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1153) for Croughton Royal Air Force, for JIAC Consolidation Phase 2, and the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2697) for Royal Air Force Croughton, for JIAC Consolidation Phase 3, the location shall be United Kingdom, Unspecified.
Sec. 2306 Modification of authority to carry out certain fiscal year 2017 project
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2696) for Joint Base San Antonio, Texas, for construction of a basic military training recruit dormitory, the Secretary of the Air Force may construct a 26,537 square meter dormitory in the amount of $92,300,000.
Sec. 2307 Modification of authority to carry out certain fiscal year 2018 project
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1825) for the United States Air Force Academy, Colorado, for construction of a cyberworks facility, the Secretary of the Air Force may construct a facility of up to 4,462 square meters that includes two real property gifts of construction of 929 and 465 square meters if such gift is accepted by the Secretary in accordance with section 2601 of title 10, United States Code.
Sec. 2308 Additional authority to carry out certain fiscal year 2019 projects
Project authorizations— The Secretary of the Air Force may carry out military construction projects to construct—
a 6,702 square meter Joint Simulation Environment Facility at Edwards Air Force Base, California, in the amount of $43,000,000;
a 4,833 square meter Cyberspace Test Facility at Eglin Air Force Base, Florida, in the amount of $38,000,000; and
a 4,735 square meter Joint Simulation Environment Facility at Nellis Air Force Base, Nevada, in the amount of $30,000,000.
Use of research, development, test, and evaluation funds— As provided for in the Defense Laboratory Modernization Pilot Program authorized by section 2803 of the Military Construction Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169), the Secretary may use funds available for research, development, test, and evaluation for the projects described in subsection (a).
XXIV Defense agencies military construction
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(a) 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(a) 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 Energy Resilience and Conservation Investment Program
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts set forth in the following table:
Sec. 2403 Authorization of appropriations, defense agencies
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, 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 2015 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3669), the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act (128 Stat. 3681), and amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1831), shall remain in effect until October 1, 2019, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2020, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2405 Authorization of certain fiscal year 2018 project
The table in section 2401(a) of the National Defense Authorization Act for Fiscal Year 2018 (division B of Public Law 105–91) is amended by inserting after the item relating to South Carolina the following new item:
XXV International programs
A 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, 2018, 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.
B Host country in-kind contributions
Sec. 2511 Republic of Korea funded construction projects
Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations, and in the amounts, set forth in the following table:
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, 2018, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
B Other matters
Sec. 2611 Modification of authority to carry out certain fiscal year 2016 project
In the case of the authorization contained in the table in section 2603 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1164) for construction of a Reserve Training Center Complex at Dam Neck, Virginia, the Secretary of the Navy may construct the Reserve Training Center Complex at Joint Expeditionary Base Little Creek-Story, Virginia.
Sec. 2612 Modification of authority to carry out certain fiscal year 2018 project
In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1834) for Fort Belvoir, Virginia, for additions and alterations to the National Guard Readiness Center, the Secretary of the Army may construct a new readiness center. If a new readiness center is constructed, no funds above the previously authorized $15,000,000 may be made available for such purpose.
Sec. 2613 Additional authority to carry out certain fiscal year 2019 project
Project authorization— The Secretary of the Navy may carry out a military construction project to construct a 50,000 square foot reserve training center, 6,600 square foot combat vehicle maintenance and storage facility, 2,400 square foot vehicle wash rack, 1,600 square foot covered training area, road improvements, and associated supporting facilities, and may acquire approximately 8.5 acres of adjacent land and obtain necessary interest in land at Pittsburgh, Pennsylvania, in the amount of $17,650,000.
Use of unobligated prior-year navy military construction reserve funds— The Secretary may use available, unobligated Navy military construction reserve funds for the project described in subsection (a).
Congressional notification— The Secretary of the Navy shall provide information in accordance with section 2851(c) of title 10, United States Code, regarding the project described in subsection (a). If it becomes necessary to exceed the estimated project cost, the Secretary shall utilize the authority provided by section 2853 of such title regarding authorized cost and scope of work variations.
XXVII Base realignment and closure activities
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, 2018, 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.
Sec. 2702 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.
XXVIII Military Construction and general provisions
A Military Construction Program and military family housing changes
Sec. 2801 Additional authority to obtain architectural and engineering services and construction design for defense laboratory modernization pilot program
Section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169; 10 U.S.C. 2358 note) is amended—
in subsection (a), by striking “subsection (d)” and inserting “subsection (e)”;
in subsection (b)(1), by striking “, site preparation, and advance planning and design” and inserting “and site preparation”;
in subsection (d), by striking “subsection (c)(1)” and inserting “subsection (d)(1)”;
by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively;
by inserting after subsection (b) the following new subsection:
“(c) Architectural and engineering services and construction design—Using amounts appropriated or otherwise made available to the military departments for research, development, test, and evaluation, the Secretary of the military department concerned may obtain architectural and engineering services and carry out construction design in connection with a military construction project described in subsection (a). This authority is not subject to the condition in subsection (b).”
in subsection (d), as redesignated by paragraph (4)—
in paragraph (1), by adding at the end the following: “This requirement does not include architectural and engineering services and construction design under subsection (c).”; and
in paragraph (2), by inserting “other than funds used pursuant to subsection (c)” after “subsection (a)”; and
in subsection (g), as redesignated by paragraph (4), by striking “2020” and inserting “2025”.
Sec. 2802 Modification of contract authority for acquisition, construction, or furnishing of test facilities and equipment
Section 2353(a) of title 10, United States Code, is amended—
by inserting after the first sentence the following: “The acquisition or construction of these research, developmental, or test facilities shall be subject to the cost principles applicable to allowable contract expenses.”; and
by adding at the end the following: “The acquisition or construction of facilities under the authority of this section shall not be governed by sections 2802, 2805, or 2811 of this title and their associated implementing regulations. The Secretary of Defense and the Secretaries of the military departments shall promulgate regulations necessary to give full force and effect to this section.”.
Sec. 2803 Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States
Extension of authority— Subsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2804 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91), is further amended—
in paragraph (1), by striking “December 31, 2018” and inserting “December 31, 2019”; and
in paragraph (2), by striking “fiscal year 2019” and inserting “fiscal year 2020”.
Limitation on use of authority— Subsection (c)(1) of such section is amended—
by striking “$100,000,000” and inserting “$50,000,000”;
by striking “October 1, 2017” and inserting “October 1, 2018”;
by striking “December 31, 2018” and inserting “December 31, 2019”; and
by striking “fiscal year 2019” and inserting “fiscal year 2020”.
Sec. 2804 Unspecified minor military construction projects related to revitalization and recapitalization of Defense Industrial Base Facilities
Section 2805 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(g) Defense industrial base facility revitalization
“(1) For the revitalization and recapitalization of Defense Industrial Base Facilities owned by the United States and under the jurisdiction of the Secretary concerned, the Secretary concerned may obligate and expend—
“(A) from appropriations available to the Secretary concerned for operation and maintenance, amounts necessary to carry out an unspecified minor military construction project costing not more than $6,000,000, notwithstanding subsection (c); or
“(B) from appropriations available to the Secretary concerned for military construction not otherwise authorized by law or from funds authorized to be made available section 2363(a) of this title, amounts necessary to carry out an unspecified minor military construction project costing not more than $6,000,000.
“(2) For purposes of this subsection, an unspecified minor military construction project is a military construction project that (notwithstanding subsection (a)) has an approved cost equal to or less than $6,000,000.
“(3) If the Secretary concerned makes a decision to carry out an unspecified minor military construction project to which this subsection applies, the Secretary concerned shall notify the appropriate committees of Congress of that decision, of the justification for the project, and of the estimated cost of the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to section 480 of this title.
“(4) In this section, the term defense industrial base facility means any Department of Defense depot, arsenal, shipyard, or plant located within the United States.
“(5) The authority to carry out a project under this subsection expires on September 30, 2023.”
Sec. 2805 Congressional oversight of projects carried out pursuant to laws other than Military Construction Authorization Acts
Section 2802(e)(1) of title 10, United States Code, is amended—
by striking “Secretary concerned shall—” and all that follows through “comply with the congressional notification requirement” and inserting “Secretary concerned shall comply with the congressional notification requirement”; and
by inserting “and submit to the congressional defense committees any materials required to be submitted to Congress or any other congressional committees pursuant to the congressional notification requirement” after “road project will be carried out”.
B Project management and oversight reforms
Sec. 2811 Updates and modifications to Department of Defense Form 1391, Unified Facilities Criteria, and military installation master plans
Flood risk disclosure for military construction—
In general— The Secretary of Defense shall modify Department of Defense Form 1391 to require, with respect to any proposed major or minor military construction project requiring congressional notification or approval—
disclosure whether a proposed project will be sited within or partially within a 100-year floodplain, according to the most recent available Federal Emergency Management Agency flood hazard data; and
if the proposed project will be sited within or partially within a 100-year floodplain, the specific risk mitigation plan.
Delineation of floodplain— To the extent that Federal Emergency Management Agency flood hazard data are not available for a proposed major or minor military construction site, the Secretary concerned shall establish a process for delineating the 100-year floodplain using risk analysis that is consistent with the standards used to inform Federal flood risk assessments.
Reporting requirements— For proposed projects that are to be sited within or partially within a 100-year floodplain, the Secretary concerned shall submit to the congressional defense committees a report with the following:
An assessment of flood vulnerability for the proposed project.
Any information concerning alternative construction sites that were considered, and an explanation of why those sites do not satisfy mission requirements.
A description of planned flood mitigation measures.
Minimum flood mitigation requirements— When mitigating the flood risk of a major or minor military construction project within or partially within the 100-year floodplain, the Secretary concerned shall require any mitigation plan to assume an additional—
2 feet above the base flood elevation for non-mission critical buildings, as determined by the Secretary; and
3 feet above the base flood elevation for mission-critical buildings, as determined by the Secretary.
Disclosure requirements for Department of Defense Form 1391— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall amend Department of Defense Form 1391 to require, for each requested military construction project—
disclosure whether the project was included in the prior year's future-years defense program submitted to Congress pursuant to section 221 of title 10, United States Code; and
inclusion of an energy study or life cycle analysis.
Incorporation of changing environmental condition projections in military construction designs and modifications— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall amend section 3-5.6.2.3 of United Facilities Criteria (UFC) 2-100-01 and UFC 2-100-02 (or any similar successor regulations) to provide that in order to anticipate changing environmental conditions during the design life of existing or planned new facilities and infrastructure, projections from reliable and authorized sources such as the Census Bureau (for population projections), the National Academies of Sciences (for land use change projections and climate projections), the U.S. Geological Survey (for land use change projections), and the U.S. Global Change Research Office and National Climate Assessment (for climate projections) shall be considered and incorporated into military construction designs and modifications.
Inclusion of consideration of energy and climate resiliency efforts in master plans for major military installations— Section 2864 of title 10, United States Code, is amended—
in subsection (a)(2)—
in subparagraph (C), by striking “and” at the end;
in subparagraph (D), by striking the period at the end and inserting “; and”; and
by adding at the end the following new subparagraph:
“(E) energy and climate resiliency efforts.”
in subsection (d), by adding at the end the following new paragraph:
“(3) The term energy and climate resiliency means anticipation, preparation for, and adaptation to utility disruptions and changing environmental conditions and the ability to withstand, respond to, and recover rapidly from utility disruptions while ensuring the sustainment of mission-critical operations.”
Definition of military installation resilience— Section 101(e) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(8) Military installation resilience—The term military installation resilience means the capability of a military installation to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, or from anticipated or unanticipated changes in environmental conditions, that do, or have the potential to, adversely affect the military installation or essential transportation, logistical, or other necessary resources outside of the military installation that are necessary in order to maintain, improve, or rapidly reestablish installation mission assurance and mission-essential functions.”
Adjustment and diversification assistance for responding to threats to the resilience of a military installation— Section 2391(b)(1) of title 10, United States Code, is amended—
by striking “, or (E) by the closure” and inserting “, (E) by threats to military installation resilience, or (F) by the closure”;
by striking “(A), (B), (C), or (E)” and inserting “(A), (B), (C), or (F)”; and
by striking “action described in clause (D), if the Secretary determines that the encroachment of the civilian community” and inserting “action described in clause (D) or (E), if the Secretary determines that either the encroachment of the civilian community or threats to military installation resilience”.
Sec. 2812 Work in Process Curve charts and outlay tables for military construction projects
Required submissions—
In general— Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2864 the following new section:
“2865. Work in Process Curve charts and outlay tables required for military construction projects
“Along with the budget for each fiscal year submitted by the President pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense and the Secretaries of the military departments shall include for any military construction project over $35,000,000, as an addendum to be included within the same document as the 1391s for the Military Construction Program budget documentation, a Project Spending Plan that includes—
“(1) a Work in Process Curve chart to identify funding, obligations, and outlay figures; and
“(2) a monthly outlay table for funding, obligations, and outlay figures.”
Clerical amendment— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2864 the following new item:
Department of Defense guidance— The Secretary of Defense shall, in coordination with the Under Secretary of Defense (Comptroller), update Department of Defense Financial Management Regulation 7000.14–R, and any other appropriate instructions and guidance, to ensure that the Department of Defense takes appropriate actions to comply with section 2865 of title 10, United States Code, as added by this section.
C Land Conveyances
Sec. 2821 Land exchange, Air Force Plant 44, Tucson, Arizona
Land conveyance and restoration of real property improvements authorized— In connection with a project planned by the Tuscon Airport Authority (in this section referred to as “TAA”) to relocate and extend a parallel runway and make other airfield safety enhancements at the Tucson International Airport, the Secretary of the Air Force (in this section referred to as the “Secretary”) may—
convey to TAA all right, title, and interest of the United States in and to all or any part of a parcel of real property, including any improvements thereon, consisting of approximately 58 acres on Air Force Plant 44, Arizona, and located adjacent to Tucson International Airport;
agree to terminate all or a portion of any deed restrictions made for the benefit of the United States that limit construction on Tucson International Airport within 750 feet of the Airport’s southwest property boundary with Air Force Plant 44; and
using cash or in-kind consideration as provided in subsection (b)—
construct new explosives storage facilities to replace the explosives storage facilities located on the land described in paragraph (1) and explosives storage facilities located on Air Force Plant 44 within the end-of-runway clear zone associated with the TAA airfield enhancement project; and
construct new fencing as necessary to accommodate the changes in the boundary of Air Force Plant 44.
Consideration— As consideration for the land conveyance, deed restriction termination, replacement of real property improvements, and installation of fencing authorized under subsection (a), the following consideration must be received by the United States before the Secretary may make any conveyance or termination of real property interests of the United States as described in subsection (a):
All right, title, and interest of the owner or owners thereof to the parcels of real property consisting of approximately 160 acres directly adjacent to the south boundary of Air Force Plant 44.
The cost to the Secretary, in accordance with current design standards, of—
replacing the real property structures on Air Force Plant 44 made unusable due to the land transfers and termination of deed restrictions, with structures of at least equivalent capacity and functionality; and
installing the necessary boundary fencing due to the changes in the boundary of Air Force Plant 44.
Direct payment of consideration to government contractors— The Secretary may require that any cash consideration to be received under this section be paid, directly or through the Air Force design and construction agent, to the contractors performing design or construction of the real property improvements described in subsection (a)(3).
Payment of costs of conveyances—
Payment required— The Secretary may require TAA to cover costs to be incurred by the Secretary to carry out the land exchange and other transactions authorized under this section, or to reimburse the Secretary for such costs, including survey costs, appraisal costs, costs related to environmental documentation, and other administrative costs related to the conveyances. If amounts are collected from TAA in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out such transactions, the Secretary shall refund the excess amount to TAA.
Treatment of amounts received— Amounts received as reimbursements under paragraph (1) shall be used in accordance with section 2695(c) of title 10, United States Code.
Description of property— The exact acreage and legal description of the real property to be exchanged under this section shall be determined by a survey satisfactory to the Secretary.
Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with the land exchange and other transactions under this section as the Secretary considers appropriate to protect the interests of the United States. Without limiting the foregoing, the Secretary may establish a deed restriction on any part of the 58 acres described in subsection (a)(1) to accommodate existing Quantity Distance arcs.
Sec. 2822 Land conveyance, Eglin Air Force Base, Florida
Conveyance authorized— The Secretary of the Air Force may convey, without consideration, to the Air Force Enlisted Village, a nonprofit corporation (in this section referred to as the “Village”), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 80 acres located adjacent to Eglin Air Force Base, Florida, for the purpose of independent-living and assisted-living apartments for veterans. The conveyance under this subsection is subject to valid existing rights.
Reversionary interest— If the Secretary 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.
Payment of costs of conveyance—
Payment required— The Secretary may require the Village to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under this section, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Village 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 Village.
Treatment of amounts received— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. 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
Additional terms and conditions— The Secretary 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.
D Other matters
Sec. 2831 Commemoration of Freedman's Village
Freedman's Village Gate— The Secretary of the Army shall, as part of the southern expansion of Arlington National Cemetery, name the newly constructed gate located at the intersection of Hobson Drive and Southgate Road, “Freedman’s Village Gate”.
Permanent easement— The Secretary of the Army is directed to grant to Arlington County a permanent easement of no less than 0.1 acres of land within the right-of-way of Southgate Road to the south and west of Hobson Drive and west of the planned joint base access road that is also continuous with Foxcroft Heights Park for the purpose of commemorating Freedman’s Village.
Relocation of commemoration in event location is used for burial purposes— In the event Arlington National Cemetery subsequently acquires the property used for the commemoration described under subsection (b) for burial purposes, the Army shall relocate any commemoration of Freedman’s Village to an appropriate location.
Reimbursement— The Secretary of Defense may accept reimbursement from Arlington County for any costs associated with commemorating Freedman’s Village.
Sec. 2832 Strategic plan to improve capabilities of Department of Defense training ranges and installations
Plan required— The Secretary of Defense shall develop and implement a comprehensive strategic plan to identify and address deficits in the capabilities of Department of Defense training ranges to support current and anticipated readiness requirements to execute the National Defense Strategy (NDS).
Evaluation— As part of the preparation of the strategic plan, the Secretary shall conduct an evaluation of the following:
The adequacy of current training range resources to include the ability to train against near-peer or peer threats in a realistic 5th Generation environment.
The adequacy of current training enablers to meet current and anticipated demands of the Armed Forces.
Elements— The strategic plan shall include the following:
Proposals to enhance the capabilities of training ranges to address any limitations or constraints on current Department resources, including any climatically induced impacts or shortfalls.
Goals and milestones for tracking actions under the plan and measuring progress in carrying out such actions.
Projected funding requirements for implementing actions under the plan.
Development and implementation— The Under Secretary of Defense for Acquisition and Sustainment, as the principal staff assistant to the Secretary on installation management, shall have lead responsibility for developing and overseeing implementation of the strategic plan and for coordination of the discharge of the plan by components of the Department.
Report on implementation— Not later than April 1, 2020, the Secretary shall, through the Under Secretary of Defense for Acquisition and Sustainment, submit to Congress a report on the progress made in implementing this section, including the following:
A description of the strategic plan.
A description of the results of the evaluation conducted under subsection (b).
Such recommendations as the Secretary considers appropriate with respect to improvements of the capabilities of training ranges and enablers.
Progress reports— Not later than April 1, 2019, and annually thereafter for 3 years, the Secretary shall, through the Under Secretary, submit to Congress a report setting forth the following:
A description of the progress made during the preceding fiscal year in implementing the strategic plan.
A description of any additional actions taken, or to be taken, to address limitations and constraints on training ranges and enablers.
Assessments of individual training ranges addressing the evaluation conducted under subsection (b).
Additional report element— Each report under subsections (e) and (f) shall also include a list of significant modifications to training range inventory, such as range closures or expansions, during the preceding fiscal year, including any limitations or impacts due to climatic conditions.
Sec. 2833 Native American Indian lands environmental mitigation program
In general— Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:
“2712. Native American lands environmental mitigation program
“(a) Establishment—The Secretary of Defense may establish and carry out a program to mitigate the environmental effects of Department of Defense actions on Indian lands and culturally connected locations.
“(b) Program activities—The activities that may be carried out under the program established under subsection (a) are the following:
“(1) Identification, investigation, and documentation of suspected environmental effects attributable to past Department of Defense actions.
“(2) Development of mitigation options for such environmental effects, including development of cost-to-complete estimates and a system for prioritizing mitigation actions.
“(3) Direct mitigation actions that the Secretary determines are necessary and appropriate to mitigate the adverse environmental effects of past Department of Defense actions.
“(4) Demolition and removal of unsafe buildings and structures used by, under the jurisdiction of, or formerly used by or under the jurisdiction of the Department of Defense.
“(5) Training, technical assistance, and administrative support to facilitate the meaningful participation of Indian tribes in mitigation actions under the program.
“(6) Development and execution of a policy governing consultation with Indian tribes that have been or may be affected by Department of Defense actions, including training Department of Defense personnel to ensure compliance with the policy.
“(c) Cooperative agreements
“(1) In carrying out the program established under subsection (a), the Secretary of Defense may enter into a cooperative agreement with an Indian tribe or an instrumentality of tribal government.
“(2) Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit of the United States Government.
“(3) Any cooperative agreement under this section for the procurement of severable services may begin in one fiscal year and end in another fiscal year provided the total period of performance does not exceed five calendar years.
“(d) Definitions—In this section:
“(1) The term Indian land includes—
“(A) any land located within the boundaries and a part of an Indian reservation, pueblo, or rancheria;
“(B) any land that has been allotted to an individual Indian, but has not been conveyed to such Indian with full power of alienation;
“(C) Alaska Native village and regional corporation lands; and
“(D) lands and waters upon which any federally recognized Indian tribe has rights reserved by treaty, act of Congress, or action by the President.
“(2) The term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
“(3) The term culturally connected location means a location or place that has demonstrable significance to Indians or Alaska Natives based on its association with the traditional beliefs, customs, and practices of a living community, including locations or places where religious, ceremonial, subsistence, medicinal, economic, or other lifeways practices have historically taken place.”
Table of sections amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2711 the following new item:
Sec. 2834 Defense community infrastructure pilot program
Section 2391 of title 10, United States Code, is amended—
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;
by inserting after subsection (c) the following new subsection:
“(d) Defense community infrastructure pilot program
“(1) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense to assist State and local governments to address deficiencies in community infrastructure supportive of a military installation, if the Secretary determines that such assistance will enhance the military value, resilience, or military family quality of life at such military installation.
“(2) The Secretary shall establish criteria for the selection of community infrastructure projects to receive assistance under paragraph (1). The criteria shall include a requirement that the State or local government agree to contribute not less than 30 percent of the funding for the community infrastructure project, unless the community infrastructure project is located in a rural area, or for reasons related to national security, in which case the Secretary may waive the requirement for a State or local government contribution.
“(3) Amounts appropriated or otherwise made available for assistance under paragraph (1) may remain available until expended.
“(4) The authority under this subsection shall expire on September 30, 2023.”
in subsection (e), as redesignated by paragraph (1), by adding at the end the following new paragraphs:
“(4) The term community infrastructure means any transportation project; school, hospital, police, fire, emergency response, or other community support facility; or water, waste-water, telecommunications, electric, gas, or other utility infrastructure project that is located off of a military installation and owned by a State or local government.
“(5) The term rural area means a city, town, or unincorporated area that has a population of not more than 20,000 inhabitants.”
Sec. 2835 Representation of installation interests in negotiations and proceedings with carriers and other public utilities
Section 501(c) of title 40, United States Code, is amended—
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
by inserting “(1)” before “For transportation”; and
by adding at the end the following new paragraph:
“(2) Prior to representing any installation of the Department of Defense in any proceeding under this subsection, the Administrator or any persons or entities acting on behalf of the Administrator shall—
“(A) notify the senior mission commander of the installation; and
“(B) solicit and represent the interests of the installation as determined by the installation’s senior mission commander.”
Sec. 2836 White Sands Missile Range land enhancements
Definitions— In this section:
Map— The term “Map” means the map entitled “White Sands National Park Proposed Boundary Revision & Transfer of Lands Between National Park Service & Department of the Army”, numbered 142/136,271, and dated February 14, 2017.
Military munitions— The term military munitions has the meaning given the term in section 101(e) of title 10, United States Code.
Missile range— The term missile range means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.
Monument— The term Monument means the White Sands National Monument, New Mexico, established by Presidential Proclamation No. 2025 (54 U.S.C. 320301 note), dated January 18, 1933, and administered by the Secretary.
Munitions debris— The term munitions debris has the meaning given the term in volume 8 of the Department of Defense Manual Number 6055.09-M entitled “DoD Ammunitions and Explosives Safety Standards” and dated February 29, 2008 (as in effect on the date of enactment of this Act).
Park— The term Park means the White Sands National Park established by subsection (b)(2)(A).
Public Land Order— The term Public Land Order means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822).
Secretary— The term Secretary means the Secretary of the Interior.
State— The term State means the State of New Mexico.
White Sands National Park—
Findings— Congress finds that—
White Sands National Monument was established on January 18, 1933, by President Herbert Hoover under chapter 3203 of title 54, United States Code (commonly known as the “Antiquities Act of 1906”);
President Hoover proclaimed that the Monument was established “for the preservation of the white sands and additional features of scenic, scientific, and educational interest”;
the Monument was expanded by Presidents Roosevelt, Eisenhower, Carter, and Clinton in 1934, 1942, 1953, 1978, and 1996, respectively;
the Monument contains a substantially more diverse set of nationally significant historical, archaeological, scientific, and natural resources than were known of at the time the Monument was established, including a number of recent discoveries;
the Monument is recognized as a major unit of the National Park System with extraordinary values enjoyed by more visitors each year since 1995 than any other unit in the State;
the Monument contributes significantly to the local economy by attracting tourists; and
designation of the Monument as a national park would increase public recognition of the diverse array of nationally significant resources at the Monument and visitation to the unit.
Establishment of White Sands National Park—
Establishment— To protect, preserve, and restore its scenic, scientific, educational, natural, geological, historical, cultural, archaeological, paleontological, hydrological, fish, wildlife, and recreational values and to enhance visitor experiences, there is established in the State the White Sands National Park as a unit of the National Park System.
Abolishment of White Sands National Monument—
Abolishment— Due to the establishment of the Park, the Monument is abolished.
Incorporation— The land and interests in land that comprise the Monument are incorporated in, and shall be considered to be part of, the Park.
References— Any reference in a law, map, regulation, document, paper, or other record of the United States to the “White Sands National Monument” shall be considered to be a reference to the “White Sands National Park”.
Availability of Funds— Any funds available for the Monument shall be available for the Park.
Administration— The Secretary shall administer the Park in accordance with—
this subsection; and
the laws generally applicable to units of the National Park System, including section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, and 102101, and chapter 3201 of title 54, United States Code.
World Heritage List nomination—
County concurrence— The Secretary shall not submit a nomination for the Park to be included on the World Heritage List of the United Nations Educational, Scientific and Cultural Organization unless each county in which the Park is located concurs in the nomination.
Army notification— Before submitting a nomination for the Park to be included on the World Heritage List of the United Nations Educational, Scientific and Cultural Organization, the Secretary shall notify the Secretary of the Army of the intent of the Secretary to nominate the Park.
Effect— Nothing in this paragraph affects—
valid existing rights (including water rights);
permits or contracts issued by the Monument;
existing agreements, including agreements with the Department of Defense;
the jurisdiction of the Department of Defense regarding the restricted airspace above the Park; or
the airshed classification of the Park under the Clean Air Act (42 U.S.C. 7401 et seq.).
Modification of boundaries of White Sands National Park and White Sands Missile Range—
Transfers of administrative jurisdiction—
Transfer of administrative jurisdiction to the Secretary—
In general— Administrative jurisdiction over the land described in clause (ii) is transferred from the Secretary of the Army to the Secretary.
Description of land— The land referred to in clause (i) is—
the approximately 2,826 acres of land identified as “To NPS, lands inside current boundary” on the Map; and
the approximately 5,766 acres of land identified as “To NPS, new additions” on the Map.
Transfer of administrative jurisdiction to the Secretary of the Army—
In general— Administrative jurisdiction over the land described in clause (ii) is transferred from the Secretary to the Secretary of the Army.
Description of land— The land referred to in clause (i) is the approximately 3,737 acres of land identified as “To DOA” on the Map.
Boundary modifications—
Park—
In general— The boundary of the Park is revised to reflect the boundary depicted on the Map.
Map—
In general— The Secretary, in coordination with the Secretary of the Army, shall prepare and keep on file for public inspection in the appropriate office of the Secretary a map and a legal description of the revised boundary of the Park.
Effect— The map and legal description under subclause (I) shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the map and legal description.
Boundary survey— As soon as practicable after the date of the establishment of the Park and subject to the availability of funds, the Secretary shall complete an official boundary survey of the Park.
Missile range—
In general— The boundary of the missile range and the Public Land Order are modified to exclude the land transferred to the Secretary under paragraph (1)(A) and to include the land transferred to the Secretary of the Army under paragraph (1)(B).
Map— The Secretary shall prepare a map and legal description depicting the revised boundary of the missile range.
Administration—
Park— The Secretary shall administer the land transferred under paragraph (1)(A) in accordance with laws (including regulations) applicable to the Park.
Missile range— Subject to subparagraph (C), the Secretary of the Army shall administer the land transferred to the Secretary of the Army under paragraph (1)(B) as part of the missile range.
Infrastructure; resource management—
Range Road 7—
Infrastructure management— To the maximum extent practicable, in planning, constructing, and managing infrastructure on the land described in subclause (III), the Secretary of the Army shall apply low-impact development techniques and strategies to prevent impacts within the missile range and the Park from stormwater runoff from the land described in that subclause.
Resource management— The Secretary of the Army shall—
manage the land described in subclause (III) in a manner consistent with the protection of natural and cultural resources within the missile range and the Park and in accordance with section 101(a)(1)(B) of the Sikes Act (16 U.S.C. 670a(a)(1)(B)), division A of subtitle III of title 54, United States Code, and the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
include the land described in subclause (III) in the integrated natural and cultural resource management plan for the missile range.
Description of land— The land referred to in subclauses (I) and (II) is the land that is transferred to the administrative jurisdiction of the Secretary of the Army under paragraph (1)(B) and located in the area east of Range Road 7 in—
T. 17 S., R. 5 E., sec. 31;
T. 18 S., R. 5 E.; and
T. 19 S., R. 5 E., sec. 5.
Fence—
In general— The Secretary of the Army shall continue to allow the Secretary to maintain the fence shown on the Map until such time as the Secretary determines that the fence is unnecessary for the management of the Park.
Removal— If the Secretary determines that the fence is unnecessary for the management of the Park under subclause (I), the Secretary shall promptly remove the fence at the expense of the Department of the Interior.
Research— The Secretary of the Army and the Secretary may enter into an agreement to allow the Secretary to conduct certain research in the area identified as “Cooperative Use Research Area” on the Map.
Military munitions and munitions debris—
Response action— With respect to any Federal liability, the Secretary of the Army shall remain responsible for any response action addressing military munitions or munitions debris on the land transferred under paragraph (1)(A) to the same extent as on the day before the date of enactment of this Act.
Investigation of military munitions and munitions debris—
In general— The Secretary may request that the Secretary of the Army conduct 1 or more investigations of military munitions or munitions debris on any land transferred under paragraph (1)(A).
Access— The Secretary shall give access to the Secretary of the Army to the land covered by a request under subclause (I) for the purposes of conducting the 1 or more investigations under that subclause.
Limitation— An investigation conducted under this clause shall be subject to available appropriations.
Applicable law— Any activities undertaken under this subparagraph shall be carried out in accordance with—
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
the purposes for which the Park was established; and
any other applicable law.
Sec. 2837 Authority to transfer funds for construction of Indian River Bridge
Notwithstanding the limitation in section 2215 of title 10, United States Code, the Secretary of Defense may transfer to the Administrator of the National Aeronautics and Space Administration up to 50 percent of the shared costs of constructing the Indian River Bridge. The authority under this section shall expire on October 1, 2022.
XXIX Overseas contingency operations military construction
Sec. 2901 Authorized Army construction and land acquisition projects
The Secretary of the Army may acquire real property and carry out the military construction projects for the installation outside the United States, and in the amount, set forth in the following table:
Sec. 2902 Authorized Navy construction and land acquisition projects
The Secretary of the Navy may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
Sec. 2903 Authorized Air Force construction and land acquisition projects
The Secretary of the Air Force may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
Sec. 2904 Authorized Defense Agencies construction and land acquisition projects
The Secretary of Defense may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
Sec. 2905 Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for the military construction projects outside the United States authorized by this title as specified in the funding table in section 4601.