SEC. 2001. Short Title.
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2017”.
Division B — Military Construction Authorizations
DIVISION 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, 2019; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2020.
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, 2019; or
the date of the enactment of an Act authorizing funds for fiscal year 2020 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.
TITLE 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:
| State | Installation | Amount |
|---|---|---|
| Alaska | Fort Wainwright | $47,000,000 |
| California | Concord | $12,600,000 |
| Colorado | Fort Carson | $13,100,000 |
| Georgia | Fort Gordon | $100,600,000 |
| Fort Stewart | $14,800,000 | |
| Missouri | Fort Leonard Wood | $6,900,000 |
| Texas | Fort Hood | $7,600,000 |
| Utah | Camp Williams | $7,400,000 |
| Virginia | Fort Belvoir | $23,000,000 |
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 the military construction project for the installations or locations outside the United States, and in the amount, set forth in the following table:
| Country | Installation | Amount |
|---|---|---|
| Cuba | Guantanamo Bay | $33,000,000 |
| Germany | East Camp Grafenwoehr | $22,000,000 |
| Garmisch | $9,600,000 | |
| Wiesbaden Army Airfield | $19,200,000 |
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:
| State/Country | Installation | Units | Amount |
|---|---|---|---|
| Korea | Camp Humphreys | Family Housing New Construction | $297,000,000 |
| Camp Walker | Family Housing New Construction | $54,554,000 |
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 $2,618,000.
SEC. 2103. Authorization of Appropriations, Army.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2016, 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 2014 Project.
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 986) for Joint Base Lewis-McChord, Washington, for construction of an aircraft maintenance hangar at the installation, the Secretary of the Army may construct an aircraft washing apron.
SEC. 2105. Extension of Authorizations of Certain Fiscal Year 2013 Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2118), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (126 Stat. 2119) and extended by section 2107 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1148), shall remain in effect until October 1, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State/Country | Installation or Location | Project | Amount |
|---|---|---|---|
| Kansas | Fort Riley | Unmanned Aerial Vehicle Complex | $12,200,000 |
| Virginia | Fort Belvoir | Secure Admin/Operations Facility | $172,200,000 |
| Italy | Camp Ederle | Barracks | $36,000,000 |
| Japan | Sagami | Vehicle Maintenance Shop | $18,000,000 |
SEC. 2106. Extension of Authorizations of Certain Fiscal Year 2014 Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 985), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (127 Stat. 986) shall remain in effect until October 1, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State or Country | Installation or Location | Project | Amount |
|---|---|---|---|
| Maryland | Fort Detrick | Entry Control Point | $2,500,000 |
| Marshall Islands | Kwajalein Atoll | Pier | $63,000,000 |
| Japan | Kyotango City | Company Operations Complex | $33,000,000 |
TITLE 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:
| State | Installation or Location | Amount |
|---|---|---|
| Arizona | Yuma | $48,355,000 |
| California | Coronado | $104,501,000 |
| Lemoore | $26,723,000 | |
| Miramar | $193,600,000 | |
| Seal Beach | $21,007,000 | |
| Florida | Eglin Air Force Base | $20,489,000 |
| Guam | Joint Region Marianas | $89,185,000 |
| Hawaii | Barking Sands | $43,384,000 |
| Kaneohe Bay | $72,565,000 | |
| Maine | Kittery | $47,892,000 |
| Maryland | Patuxent River | $40,576,000 |
| Nevada | Fallon | $13,523,000 |
| North Carolina | Camp Lejeune | $18,482,000 |
| Cherry Point Marine Corps Air Station | $12,515,000 | |
| South Carolina | Beaufort | $83,490,000 |
| Parris Island | $29,882,000 | |
| Virginia | Norfolk | $27,000,000 |
| Washington | Bangor | $113,415,000 |
| Bremerton | $6,704,000 | |
| Whidbey Island | $75,976,000 |
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 installation or location outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Japan | Kadena Air Base | $26,489,000 |
| Sasebo | $16,420,000 | |
| Spain | Rota | $23,607,000 |
| Worldwide Unspecified | Unspecified Worldwide Locations | $41,380,000 |
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:
| State | Installation or Location | Units | Amount |
|---|---|---|---|
| Mariana Islands | Guam | Replace Andersen Housing PH 1 | $78,815,000 |
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 $4,149,000.
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 $11,047,000.
SEC. 2204. Authorization of Appropriations, Navy.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2016, 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 2014 Project.
In the case of the authorization contained in the table in section 2201 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 989) for Pearl City, Hawaii, for construction of a water transmission line at that location, the Secretary of the Navy may construct a 591-meter (1,940-foot) long 16-inch diameter water transmission line as part of the network required to provide the main water supply to Joint Base Pearl Harbor-Hickam, Hawaii.
SEC. 2206. Extension of Authorizations of Certain Fiscal Year 2013 Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2118), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (126 Stat. 2122) and extended by section 2206 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1151), shall remain in effect until October 1, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State/Country | Installation or Location | Project | Amount |
|---|---|---|---|
| California | Camp Pendleton | Comm. Information Systems Ops Complex | $78,897,000 |
| Greece | Souda Bay | Intermodal Access Road | $4,630,000 |
| South Carolina | Beaufort | Recycling/Hazardous Waste Facility | $3,743,000 |
| Worldwide Unspecified | Various Worldwide Locations | BAMS Operational Facilities | $34,048,000 |
SEC. 2207. Extension of Authorizations of Certain Fiscal Year 2014 Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 985), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (127 Stat. 989), shall remain in effect until October 1, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State/Country | Installation or Location | Project | Amount |
|---|---|---|---|
| Hawaii | Kaneohe | Aircraft Maintenance Hangar Upgrades | $31,820,000 |
| Pearl City | Water Transmission Line | $30,100,000 | |
| Illinois | Great Lakes | Unaccompanied Housing | $35,851,000 |
| Maine | Bangor | NCTAMS VLF Commercial Power Connection | $13,800,000 |
| Nevada | Fallon | Wastewater Treatment Plant | $11,334,000 |
| Virginia | Quantico | Academic Instruction Facility TECOM Schools | $25,731,000 |
| Quantico | Fuller Road Improvements | $9,013,000 |
SEC. 2208. Status of “net Negative” Policy Regarding Navy Acreage on Guam .
Report on Status.—
Report.— Not later than 6 months after the date of the enactment of this Act, the Secretary of the Navy shall submit a report to the congressional defense committees regarding the status of the implementation of the “net negative” policy regarding the total number of acres of the real property controlled by the Department of the Navy on Guam, as described in subsection (b).
Contents.— The report required under paragraph (1) shall include the following information:
A description of the real property controlled by the Navy on Guam which the Navy has transferred to the control of Guam after January 20, 2011, or which the Navy plans to transfer to the control of Guam, as well as a description of the specific legal authority under which the Navy has transferred or will transfer each such property.
The methodology and process the Navy will use to determine the total number of acres of real property that the Navy will transfer or has transferred to the control of Guam as part of the “net negative” policy, and the date on which the Navy will transfer or has transferred control of any such property.
A description of the real property controlled by the Navy on Guam which the Navy plans to retain under its control and the reasons for retaining such property, including a detailed explanation of the reasons for retaining any such property which has not been developed or for which no development has been proposed under the current installation master plans for major military installations (as described in section 2864 of title 10, United States Code).
Exclusion of certain property.— In preparing and submitting the report under this subsection, the Secretary may not take into account any real property which has been transferred to the Government of Guam prior to January 20, 2011, to include property under the Guam Excess Lands Act (Public Law 103–339) or the Guam Land Use Plan (GLUP) 1977, or pursuant to base realignment and closure authorized under 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).
Policy Described.— The “net negative” policy described in this section is the policy of the Secretary of the Navy, as expressed in the statement released by Under Secretary of the Navy on January 20, 2011, that the relocation of Marines to Guam occurring during 2011 will not cause the total number of acres of real property controlled by the Navy on Guam upon the completion of such relocation to exceed the total number of acres of real property controlled by the Navy on Guam prior to such relocation.
TITLE 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:
| State | Installation or Location | Amount |
|---|---|---|
| Alabama | Maxwell Air Force Base | $15,000,000 |
| Alaska | Clear Air Force Station | $20,000,000 |
| Eielson Air Force Base | $295,600,000 | |
| Joint Base Elmendorf-Richardson | $29,000,000 | |
| Arizona | Luke Air Force Base | $20,000,000 |
| California | Edwards Air Force Base | $24,000,000 |
| Colorado | Buckley Air Force Base | $13,500,000 |
| Delaware | Dover Air Force Base | $39,000,000 |
| Florida | Eglin Air Force Base | $123,600,000 |
| Patrick Air Force Base | $13,500,000 | |
| Georgia | Moody Air Force Base | $30,900,000 |
| Guam | Joint Region Marianas | $80,658,000 |
| Illinois | Scott Air Force Base | $41,000,000 |
| Kansas | McConnell Air Force Base | $19,800,000 |
| Louisiana | Barksdale Air Force Base | $21,000,000 |
| Maryland | Joint Base Andrews | $66,500,000 |
| Massachusetts | Hanscom Air Force Base | $30,965,000 |
| Montana | Malmstrom Air Force Base | $14,600,000 |
| Nevada | Nellis Air Force Base | $10,600,000 |
| New Mexico | Cannon Air Force Base | $21,000,000 |
| Holloman Air Force Base | $10,600,000 | |
| Kirtland Air Force Base | $7,300,000 | |
| Ohio | Wright-Patterson Air Force Base | $12,600,000 |
| Oklahoma | Altus Air Force Base | $11,600,000 |
| Tinker Air Force Base | $43,000,000 | |
| South Carolina | Joint Base Charleston | $17,000,000 |
| Texas | Joint Base San Antonio | $67,300,000 |
| Utah | Hill Air Force Base | $44,500,000 |
| Virginia | Joint Base Langley-Eustis | $59,200,000 |
| Washington | Fairchild Air Force Base | $27,000,000 |
| Wyoming | F.E. Warren Air Force Base | $5,550,000 |
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 installation or location outside the United States, and in the amount, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Australia | Darwin | $30,400,000 |
| Germany | Ramstein Air Base | $13,437,000 |
| Spangdahlem Air Base | $43,465,000 | |
| Japan | Kadena Air Base | $19,815,000 |
| Yokota Air Base | $32,020,000 | |
| Mariana Islands | Unspecified Location | $9,000,000 |
| Turkey | Incirlik Air Base | $13,449,000 |
| United Arab Emirates | Al Dhafra | $35,400,000 |
| United Kingdom | Royal Air Force Croughton | $69,582,00 |
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 $4,368,000.
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 $56,984,000.
SEC. 2304. Authorization of Appropriations, Air Force.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2016, 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 Fiscal Year 2016 Project.
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1153) for Malmstrom Air Force Base, Montana, for construction of a Tactical Response Force Alert Facility at the installation, the Secretary of the Air Force may construct an emergency power generator system consistent with the Air Force’s construction guidelines.
SEC. 2306. Extension of Authorization of Certain Fiscal Year 2013 Project.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2118), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (126 Stat. 2126) and extended by section 2309 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1155), shall remain in effect until October 1, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State/Country | Installation or Location | Project | Amount |
|---|---|---|---|
| Portugal | Lajes Field | Sanitary Sewer Lift/Pump Station | $2,000,000 |
SEC. 2307. Extension of Authorization of Certain Fiscal Year 2014 Project.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 985), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (127 Stat. 992), shall remain in effect until October 1, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| Country | Installation or Location | Project | Amount |
|---|---|---|---|
| Worldwide Unspecified (Italy) | Aviano Air Base | Guardian Angel Operations Facility | $22,047,000 |
SEC. 2308. Restriction on Acquisition of Property in Northern Mariana Islands.
The Secretary of the Air Force may not use any of the amounts authorized to be appropriated under section 2304 to acquire property or interests in property at an unspecified location in the Commonwealth of the Northern Mariana Islands, as specified in the funding table set forth in section 2301(b) and the funding table in section 4601, until the congressional defense committees have received from the Secretary a report providing the following information:
The specific location of the property or interest in property to be acquired.
The total cost, scope, and location of the military construction projects and the acquisition of property or interests in property required to support the Secretary’s proposed divert activities and exercises in the Commonwealth of the Northern Mariana Islands.
An analysis of any alternative locations that the Secretary considered acquiring, including other locations or interests within the Commonwealth of the Northern Mariana Islands or the Freely Associated States. For purposes of this paragraph, the term “Freely Associated States” means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
TITLE 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:
| State | Installation or Location | Amount |
|---|---|---|
| Alaska | Clear Air Force Station | $155,000,000 |
| Fort Greely | $9,560,000 | |
| Joint Base Elmendorf-Richardson | $4,900,000 | |
| Arizona | Fort Huachuca | $4,493,000 |
| California | Coronado | $175,412,000 |
| Travis Air Force Base | $26,500,000 | |
| Delaware | Dover Air Force Base | $44,115,000 |
| Florida | Patrick Air Force Base | $10,100,000 |
| Georgia | Fort Benning | $4,820,000 |
| Fort Gordon | $25,000,000 | |
| Maine | Portsmouth | $27,100,000 |
| Maryland | Bethesda Naval Hospital | $510,000,000 |
| Fort Meade | $38,000,000 | |
| Missouri | St. Louis | $801,000 |
| North Carolina | Camp Lejeune | $31,000,000 |
| Fort Bragg | $86,593,000 | |
| South Carolina | Joint Base Charleston | $17,000,000 |
| Texas | Red River Army Depot | $44,700,000 |
| Sheppard Air Force Base | $91,910,000 | |
| Virginia | Pentagon | $20,216,000 |
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:
| Country | Installation or Location | Amount |
|---|---|---|
| Diego Garcia | Diego Garcia | $30,000,000 |
| Germany | Kaiserslautern | $45,221,000 |
| Japan | Ikakuni | $6,664,000 |
| Kadena Air Base | $161,224,000 | |
| Yokota Air Base | $113,731,000 | |
| Kwajalein | Kwajalein Atoll | $85,500,000 |
| United Kingdom | Royal Air Force Croughton | $71,424,000 |
| Royal Air Force Lakenheath | $13,500,000 | |
| Wake Island | Wake Island | $11,670,000 |
SEC. 2402. Authorized Energy Conservation Projects.
Inside the United States.— 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, in the amount set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| California | Edwards Air Force Base | $8,400,000 |
| Naval Base San Diego | $4,230,000 | |
| Fort Hunter Liggett | $5,400,000 | |
| Colorado | Fort Carson | $5,000,000 |
| Schriever Air Force Base | $3,295,000 | |
| Florida | SUBASE Kings Bay NAS Jacksonville | $3,230,000 |
| Guam | NAVBASE Guam | $8,540,000 |
| Hawaii | NSAH Wahiawa Kunia Oahu | $14,890,000 |
| Ohio | Wright Patterson Air Force Base | $14,400,000 |
| Utah | Dugway Proving Ground | $7,500,000 |
| Tooele Army Depot | $8,200,000 | |
| Various Locations | Various Locations | $28,088,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) 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:
| Country | Installation or Location | Amount |
|---|---|---|
| Cuba | Guantanamo Bay | $6,080,000 |
| Diego Garcia | NSF Diego Garcia | $17,010,000 |
| Japan | Kadena Air Base | $4,007,000 |
| Misawa Air Base | $5,315,000 | |
| Spain | Rota | $3,710,000 |
| Various Locations | Various Locations | $2,705,000 |
SEC. 2403. Authorization of Appropriations, Defense Agencies.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2016, 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. Modification of Authority to Carry Out Certain Fiscal Year 2014 Project.
In the case of the authorization in the table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 996), for Royal Air Force Lakenheath, United Kingdom, for construction of a high school, the Secretary of Defense may construct a combined middle/high school.
SEC. 2405. Extension of Authorizations of Certain Fiscal Year 2013 Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2118), the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act (126 Stat. 2127) and amended by section 2406(a) of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1160), shall remain in effect until October 1, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State/Country | Installation orLocation | Project | Amount |
|---|---|---|---|
| Japan | Camp Zama | Renovate Zama High School | $13,273,000 |
| Pennsylvania | New Cumberland | Replace reservoir | $4,300,000 |
SEC. 2406. Extension of Authorizations of Certain Fiscal Year 2014 Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 985), the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act (127 Stat. 995), shall remain in effect until October 1, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State/Country | Installation orLocation | Project | Amount |
|---|---|---|---|
| California | Brawley | SOF Desert Warfare Training Center | $23,095,000 |
| Germany | Kaiserslautern | Replace Kaiserslautern Elementary School | $49,907,000 |
| Ramstein Air Base | Replace Ramstein High School | $98,762,000 | |
| Hawaii | Joint Base Pearl Harbor-Hickam | DISA Pacific Facility Upgrade | $2,615,000 |
| Massachusetts | Hanscom Air Force Base | Replace Hanscom Primary School | $36,213,000 |
| United Kingdom | RAF Lakenheath | Replace Lakenheath High School | $69,638,000 |
| Virginia | Marine Corps Base Quantico | Replace Quantico Middle/High School | $40,586,000 |
| Pentagon | PFPA Support Operations Center | $14,800,000 | |
| Pentagon | Raven Rock Administrative Facility Upgrade | $32,000,000 | |
| Pentagon | Boundary Channel Access Control Point | $6,700,000 |
TITLE XXV International Programs
Subtitle 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, 2016, 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.
Subtitle 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:
| Country | Component | Installation or Location | Project | Amount |
|---|---|---|---|---|
| Korea | Army | CP Tango | Repair Collective Protection System (CPS) | $11,600,000 |
| Army | Camp Humphreys | Duplex Company Operations, Zoeckler Station | $10,200,00 | |
| Army | Camp Humphreys | Vehicle Maintenance Facility & Company Ops Complex (3rd CAB) | $49,500,000 | |
| Army | Camp Humphreys | 8th Army Correctional Facility | $14,600,000 | |
| Navy | Camp Mujuk | Marine Air Ground Task Force Operations Center | $68,000,000 | |
| Navy | Camp Mujuk | Camp Mujuk Life Support Area (LSA) Barracks #2 | $14,100,000 | |
| Navy | Camp Mujuk | Camp Mujuk Life Support Area (LSA) Barracks #3 | $14,100,000 | |
| Air Force | Kunsan Air Base | 3rd Generation Hardened Aircraft Shelters (HAS); Phases 4, 5, 6 | $132,500,000 | |
| Air Force | Kunsan Air Base | Upgrade Electrical Distribution System | $13,000,000 | |
| Air Force | Osan Air Base | Construct Korea Air Operations Center | $160,000,000 | |
| Air Force | Osan Air Base | Air Freight Terminal Facility | $40,000,000 | |
| Air Force | Osan Air Base | Construct F-16 Quick Turn Pad | $7,500,000 | |
| Defense-Wide | Camp Carroll | Sustainment Facilities Upgrade Phase I – DLA Warehouse | $74,600,000 | |
| Defense-Wide | USAG Humphreys | Elementary School | $42,000,000 | |
| Defense-Wide | Icheon Special Warfare Command | Special Operations Command, Korea (SOCKOR) Contingency Operations Center and Barracks | $9,900,000 | |
| Defense-Wide | K–16 Air Base | Special Operations Forces (SOF) Operations Facility, B-606 | $11,000,000 |
TITLE XXVI Guard and Reserve Forces Facilities
Subtitle 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:
| State | Location | Amount |
|---|---|---|
| Colorado | Fort Carson | $16,500,000 |
| Hawaii | Hilo | $31,000,000 |
| Iowa | Davenport | $23,000,000 |
| Kansas | Fort Leavenworth | $29,000,000 |
| New Hampshire | Hooksett | $11,000,000 |
| Rochester | $8,900,000 | |
| Oklahoma | Ardmore | $22,000,000 |
| Pennsylvania | Fort Indiantown Gap | $20,000,000 |
| York | $9,300,000 | |
| Rhode Island | East Greenwich | $20,000,000 |
| Utah | Camp Williams | $37,000,000 |
| Wyoming | Camp Guernsey | $31,000,000 |
| Laramie | $21,000,000 |
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:
| State | Location | Amount |
|---|---|---|
| Arizona | Phoenix | $30,000,000 |
| California | Camp Parks | $19,000,000 |
| Fort Hunter Liggett | $21,500,000 | |
| Virginia | Dublin | $6,000,000 |
| Wisconsin | Fort McCoy | $11,400,000 |
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:
| State | Location | Amount |
|---|---|---|
| Louisiana | New Orleans | $11,207,000 |
| New York | Brooklyn | $1,964,000 |
| Syracuse | $13,229,000 | |
| Texas | Galveston | $8,414,000 |
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:
| State | Location | Amount |
|---|---|---|
| Connecticut | Bradley IAP | $6,300,000 |
| Florida | Jacksonville IAP | $9,000,000 |
| Hawaii | Joint Base Pearl Harbor-Hickam | $11,000,000 |
| Iowa | Sioux Gateway Airport | $12,600,000 |
| Maryland | Joint Base Andrews | $5,000,000 |
| Minnesota | Duluth IAP | $7,600,000 |
| New Hampshire | Pease International Trade Port | $1,500,000 |
| North Carolina | Charlotte/Douglas IAP | $50,600,000 |
| Ohio | Toledo Express Airport | $6,000,000 |
| South Carolina | McEntire ANGS | $8,400,000 |
| Texas | Ellington Field | $4,500,000 |
| Vermont | Burlington IAP | $4,500,000 |
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:
| State | Location | Amount |
|---|---|---|
| North Carolina | Seymour Johnson Air Force Base | $97,950,000 |
| Pennsylvania | Pittsburgh International Airport | $85,000,000 |
SEC. 2606. Authorization of Appropriations, National Guard and Reserve.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2016, 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.
Subtitle B Other Matters
SEC. 2611. Modification of Authority to Carry Out Certain Fiscal Year 2014 Project.
In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1001) for Bullville, New York, for construction of a new Army Reserve Center at that location, the Secretary of the Army may add to or alter the existing Army Reserve Center at Bullville, New York.
SEC. 2612. Modification of Authority to Carry Out Certain Fiscal Year 2015 Project.
In the case of the authorization contained in the table in section 2603 of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3689) for Pittsburgh, Pennsylvania, for construction of a Reserve Training Center at that location, the Secretary of the Navy may acquire approximately 8.5 acres (370,260 square feet) of adjacent land, obtain necessary interest in land, and construct road improvements and associated supporting facilities to provide required access to the Reserve Training Center.
SEC. 2613. Modification of Authority to Carry Out Certain Fiscal Year 2016 Project.
In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1163) for MacDill Air Force Base, Florida, for construction of an Army Reserve Center/Aviation Support Facility at that location, the Secretary of the Army may relocate and construct replacement skeet and grenade launcher ranges necessary to clear the site for the new Army Reserve facilities.
SEC. 2614. Extension of Authorization of Certain Fiscal Year 2013 Project.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2118), the authorizations set forth in the table in subsection (b), as provided in section 2603 of that Act (126 Stat. 2135) and extended by section 2614 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1166), shall remain in effect until October 1, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State | Installation or Location | Project | Amount |
|---|---|---|---|
| Iowa | Fort Des Moines | Joint Reserve Center | $19,162,000 |
SEC. 2615. Extension of Authorizations of Certain Fiscal Year 2014 Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 985), the authorizations set forth in the table in subsection (b), as provided in sections 2602, 2603, 2604, and 2605 of that Act (127 Stat. 1001, 1002), shall remain in effect until October 1, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State | Installation or Location | Project | Amount |
|---|---|---|---|
| California | Camp Parks | Army Reserve Center | $17,500,000 |
| March Air Force Base | NOSC Moreno Valley Reserve Training Center | $11,086,000 | |
| Florida | Homestead ARB | Entry Control Complex | $9,800,000 |
| Maryland | Fort Meade | 175th Network Warfare Squadron Facility | $4,000,000 |
| Martin State Airport | Cyber/ISR Facility | $8,000,000 | |
| New York | Bullville | Army Reserve Center | $14,500,000 |
TITLE XXVII Base Realignment and Closure Activities
SEC. 2701. Extension of Authorizations of Certain Fiscal Year 2014 Projects.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2016, 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.
TITLE XXVIII Military Construction General Provisions
Subtitle A Military Construction Program and Military Family Housing
SEC. 2801. Modification of Criteria for Treatment of Laboratory Revitalization Projects as Minor Military Construction Projects.
Increase in Threshold.— Section 2805(d) of title 10, United States Code, is amended by striking “ $4,000,000” each place it appears in paragraph (1)(A), (1)(B), and (2) and inserting “ $6,000,000”.
Notice Requirements.— Section 2805(d) of such title is amended—
by striking the second sentence of paragraph (2); and
by amending paragraph (3) to read as follows:
“(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 in writing 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 21-day period beginning on the date the notification is received by the committees or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.”
Extension of Sunset.— Paragraph (5) of section 2805(d) of such title is amended by striking “ 2018” and inserting “ 2025”.
SEC. 2802. Classification of Facility Conversion Projects as Repair Projects.
Subsection (e) of section 2811 of title 10, United States Code, is amended to read as follows:
“(e) Repair Project Defined.—In this section, the term ‘repair project’ means a project—
“(1) to restore a real property facility, system, or component to such a condition that it may effectively be used for its designated functional purpose; or
“(2) to convert a real property facility, system, or component to a new functional purpose without increasing its external dimensions.”
SEC. 2803. Limited Authority for Scope of Work Increase.
in subsection (b)(2), by striking “ The scope of work” and inserting “ Except as provided in subsection (d), the scope of work”;
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
by inserting after subsection (c) the following new subsection (d):
“(d) The limitation in subsection (b)(2) on an increase in the scope of work does not apply if—
“(1) the increase in the scope of work is not more than 10 percent of the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition;
“(2) the increase is approved by the Secretary concerned;
“(3) the Secretary concerned notifies the congressional defense committees in writing of the increase in scope and the reasons therefor; and
“(4) a period of 21 days has elapsed after the date on which the notification is received by the committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.”
Cross-Reference Amendments.—
Subsection (a) of such section is amended by striking “ subsection (c) or (d)” and inserting “ subsection (c), (d), or (e)”.
Subsection (f) of such section, as redesignated by subsection (a)(2), is amended by striking “ through (d)” and inserting “ through (e)”.
Additional Technical Amendment.— Subsection (a) of such section is further amended by inserting “ of this title” after “ section 2805(a)”.
SEC. 2804. Extension of Temporary, Limited Authority to Use Operation and Maintenance Funds for Construction Projects 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 2802 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1169), is amended—
in paragraph (1), by striking “ December 31, 2016” and inserting “ December 31, 2017”; and
in paragraph (2), by striking “ fiscal year 2017” and inserting “ fiscal year 2018”.
Limitation on Use of Authority.— Subsection (c)(1) of such section is amended—
by striking “ October 1, 2015” and inserting “ October 1, 2016”;
by striking “ December 31, 2016” and inserting “ December 31, 2017”; and
by striking “ fiscal year 2017” and inserting “ fiscal year 2018”.
SEC. 2805. Authority to Expand Energy Conservation Construction Program to Include Energy Resiliency Projects.
Expansion of Authority to Energy Resiliency and Energy Security Projects.—
in the section heading, by inserting “ resiliency and” before “ conservation construction projects”; and
in subsection (a), by striking “ military construction project for energy conservation” and inserting “ military construction project for energy resiliency, energy security, or energy conservation”.
Clerical amendment.— The table of sections at the beginning of chapter 173 of such title is amended by striking the item relating to section 2914 and inserting the following new item:
“2914. Energy resiliency and conservation construction projects.”.
Notice and Reporting Requirements for Projects.—
Contents of notifications.—
by striking “ When a decision” and inserting “ (1) When a decision”; and
by adding at the end the following new paragraph:
“(2) The Secretary of Defense shall include in each notification submitted under paragraph (1) the following information:
“(A) In the case of a military construction project for energy conservation, the justification and current cost estimate for the project, the expected savings-to-investment ratio, simple payback estimates, and the project’s measurement and verification cost estimate.
“(B) In the case of a military construction project for energy resiliency or energy security, the rationale for how the project would enhance mission assurance, support mission critical functions, and address known vulnerabilities.”
Effective date.— The amendment made by subparagraph (A) shall apply with respect to notifications provided during fiscal year 2017 or any succeeding fiscal year.
Annual report.— Section 2914 of such title is amended by adding at the end the following new subsection:
“(c) Annual Report.—Not later than 90 days after the end of each fiscal year (beginning with fiscal year 2017), the Secretary of Defense shall submit to the appropriate committees of Congress a report on the status of the planned and active projects carried out under this section (including completed projects), and shall include in the report with respect to each such project the following information:
“(1) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate.
“(2) In the case of a military construction project for energy conservation—
“(A) the original expected savings-to-investment ratio and simple payback estimates and measurement and verification cost estimate;
“(B) the most current expected savings-to-investment ratio and simple payback estimates and measurement and verification plan and costs; and
“(C) a brief description of the measurement and verification plan and planned funding source.
“(3) In the case of a military construction project for energy resiliency or energy security, the rationale for how the project would enhance mission assurance, support mission critical functions, and address known vulnerabilities.
“(4) Such other information as the Secretary considers appropriate.”
SEC. 2806. Additional Entities Eligible for Participation in Defense Laboratory Modernization Pilot Program.
Section 2803(a) 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 by adding at the end the following:
“(4) A Department of Defense research, development, test, and evaluation facility that is not designated as a Science and Technology Reinvention Laboratory, but nonetheless is involved with developmental test and evaluation.”
SEC. 2807. Extension of Temporary Authority for Acceptance and Use of Contributions for Certain Construction, Maintenance, and Repair Projects Mutually Beneficial to the Department of Defense and Kuwait Military Forces.
Section 2804(f) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1171; 10 U.S.C. 2350j note) is amended by striking “ September 30, 2020” and inserting “ September 30, 2030”.
Subtitle B Real Property and Facilities Administration
SEC. 2811. Acceptance of Military Construction Projects as Payments In-Kind and In-Kind Contributions.
Payments-In-Kind and In-Kind Contributions.— Subsection (f) of section 2687a of title 10, United States Code, is amended to read as follows:
“(f) Acceptance of Military Construction Projects As Payments-In-Kind and In-Kind Contributions.—
(1)
(A) Except as provided in subparagraph (B), a military construction project costing more than $6,000,000 may be accepted as payment-in-kind or as an in-kind contribution required by a bilateral agreement with a host country only if that military construction project is authorized by law.
“(B) Subparagraph (A) does not apply to a military construction project that—
“(i) was specified in a bilateral agreement with a host country that was entered into before December 26, 2013;
“(ii) was the subject of negotiation between the United States and a host country as of the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2015; or
“(iii) was accepted as payment-in-kind for the residual value of improvements made by the United States at military installations released to the host country under section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–510; 10 U.S.C. 2687 note) before December 26, 2013.
“(2)
(A) If the Secretary of Defense accepts a military construction project to be built for Department of Defense personnel outside the United States as a payment-in-kind or an in-kind contribution required by a bilateral agreement with a host country, the Secretary shall submit to the congressional defense committees a written notification at least 30 days before the initiation date for any such military construction project.
“(B) A notification under subparagraph (A) with respect to a proposed military construction project shall include the following:
“(i) The requirements for, and purpose and description of, the proposed project.
“(ii) The cost of the proposed project.
“(iii) The scope of the proposed project.
“(iv) The schedule for the proposed project.
“(v) Such other details as the Secretary considers relevant.
“(C) Subparagraph (A) shall not apply to a military construction project authorized in a Military Construction Authorization Act.
“(3) To the extent that a payment-in-kind or an in-kind contribution is provided under a bilateral agreement with a host country with respect to a military construction project for which funds have already been obligated or expended by the Secretary of Defense, the Secretary shall return to the Treasury funds in an amount equal to the value of the funds already obligated or expended for the project.
“(4) In this subsection, the term ‘military construction project’ has the meaning given such term in section 2801 of this title.”
Conforming Amendment.— Section 2802 of such title is amended by striking subsection (d).
Repeal.— Section 2803 of the Carl Levin and Howard “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3696) is repealed, and the provisions of law amended by subsections (a) and (b) of that section shall be restored as if such section had not been enacted into law.
SEC. 2812. Allotment of Space and Provision of Services to Wic Offices Operating on Military Installations.
Allotment of Space and Provision of Services Authorized.— Chapter 152 of title 10, United States Code, is amended by inserting after section 2566 the following new section:
Ҥ 2567. Space and services: provision to WIC offices
“(a) Allotment of Space and Provision of Services Authorized.—Upon application by a WIC office, the Secretary of a military department may allot space on a military installation under the jurisdiction of the Secretary to the WIC office without charge for rent or services if the Secretary determines that—
“(1) the WIC office provides or will provide services solely to members of the armed forces assigned to the installation, civilian employees of the Department of Defense employed at the installation, or dependents of such members or employees;
“(2) space is available on the installation;
“(3) operation of the WIC office will not hinder military mission requirements; and
“(4) the security situation at the installation permits the presence of a non-Federal entity on the installation.
“(b) Definitions.—In this section:
“(1) The term ‘services’ includes the provision of lighting, heating, cooling, and electricity.
“(2) The term ‘WIC office’ means a local agency (as defined in subsection (b)(6) of section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786)) that participates in the special supplemental nutrition program for women, infants, and children under such section.”
Clerical Amendment.— The table of sections at the beginning of chapter 152 of title 10, United States Code, is amended by inserting after the item relating to section 2566 the following new item:
“2567. Space and services: provision to WIC offices”.
SEC. 2813. Sense of Congress Regarding Inclusion of Stormwater Systems and Components Within the Meaning of “wastewater System” under the Department of Defense Authority for Conveyance of Utility Systems .
It is the sense of Congress that the reference to a system for the collection or treatment of wastewater in the definition of “utility system” in section 2688 of title 10, United States Code, which authorizes the Department of Defense to convey utility systems, includes stormwater systems and components.
SEC. 2814. Assessment of Public Schools on Department of Defense Installations.
Report Required.—
Update of 2011 assessment on school capacity and condition.— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an update of the assessment on the capacity and facility condition deficiencies of elementary and secondary public schools on military installations conducted by the Secretary in July 2011 under section 8109 of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112–10; 125 Stat. 82). In updating the assessment, the Secretary shall take into consideration factors including—
schools that have had changes in their condition or capacity since the original assessment; and
the capacity and facility condition deficiencies of schools that may have been inadvertently omitted from the original assessment.
Additional information.— The Secretary shall include in the update submitted under paragraph (1) a report on the status of the funds already appropriated, and the schedule for the completion of projects already approved, under the programs funded under section 8109 of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112–10; 125 Stat. 82), section 8118 of the Consolidated Appropriations Act, 2012 (Public Law 112–74; 125 Stat. 833), section 8108 of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113–6; 127 Stat. 322), and section 8107 of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113–235; 128 Stat. 2255).
Comptroller General Evaluation.— Not later than 180 days after the date of the submission of the report under subsection (a), the Comptroller General of the United States shall submit to the congressional defense committees an evaluation of the updated assessment prepared by the Secretary of Defense under paragraph (1) of subsection (a), including an evaluation of the accuracy and analytical sufficiency of the updated assessment.
SEC. 2815. Prior Certification Required for Use of Department of Defense Facilities by Other Federal Agencies for Temporary Housing Support.
The Secretary of Defense shall not sign a memorandum of agreement with another Federal agency to provide the agency with a vacant facility for purposes of temporary housing support unless the Secretary first submits to the Committees on Armed Services of the House of Representatives and Senate a certification that the provision of the facility to the agency for such purpose will not negatively affect military training, operations, readiness, or other military requirements, including National Guard and Reserve readiness.
Subtitle C Land Conveyances
SEC. 2821. Land Conveyance, High Frequency Active Auroral Research Program Facility and Adjacent Property, Gakona, Alaska.
Conveyances Authorized.—
Conveyance to university of alaska.— The Secretary of the Air Force may convey to the University of Alaska (in this section referred to as the “University”) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 1,158 acres near the Gulkana Village, Alaska, which was purchased by the Secretary of the Air Force from Ahtna, Incorporated, in January 1989, contain a High Frequency Active Auroral Research Program facility, and comprise a portion of the property more particularly described in subsection (b), for the purpose of permitting the University to use the conveyed property for public purposes.
Conveyance to alaska native corporation.— The Secretary of the Air Force may convey to Ahtna, Incorporated (in this section referred to as “Ahtna”), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 4,259 acres near Gulkana Village, Alaska, which was purchased by the Secretary of the Air Force from Ahtna, Incorporated, in January 1989 and comprise the portion of the property more particularly described in subsection (b) that does not contain the High Frequency Active Auroral Research Program facility. The property to be conveyed under this paragraph does not include any of the property authorized for conveyance to the University under paragraph (1).
Property Described.— Subject to the property exclusions specified in subsection (c), the real property authorized for conveyance under subsection (a) consists of portions of sections within township 7 north, range 1 east; township 7 north, range 2 east; township 8 north, range 1 east; and township 8 north, range 2 east; Copper River Meridian, Chitina Recording District, Third Judicial District, State of Alaska, as follows:
Township 7 north, range 1 east:
Section 1.
E½, S½NW¼, SW¼ of section 2.
S½SE¼, NE¼SE¼ of section 3.
E½ of section 10.
Sections 11 and 12.
That portion of N½, N½S½ of section 13, excluding all lands lying southerly and easterly of the Glenn Highway right-of-way.
N½, N½S½ of section 14.
NE¼, NE¼SE¼ of section 15.
Township 7 north, range 2 east:
W½ of section 6.
NW¼ of section 7, and the portion of N½SW¼ and NW¼SE¼ of such section lying northerly of the Glenn Highway right-of-way.
Township 8 north, range 1 east:
SE¼SE¼ of section 35.
E½, SW¼, SE¼NW¼ of section 36.
Township 8 north, range 2 east:
W½ of section 31.
Exclusion of Certain Property.— The real property authorized for conveyance under subsection (a) may not include the following:
Public easements reserved pursuant to section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)), as described in the Warranty Deed from Ahtna, Incorporated, to the United States, dated March 1, 1990, recorded in Book 31, pages 665 through 668 in the Chitina Recording District, Third Judicial District, Alaska.
Easement for an existing trail as described in such Warranty Deed from Ahtna, Incorporated, to the United States.
The subsurface estate.
Consideration.—
Conveyance to university.— As consideration for the conveyance of property under subsection (a)(1), the University shall provide the United States with consideration in an amount that is acceptable to the Secretary of the Air Force, whether in the form of cash payment, in-kind consideration, or a combination thereof.
Conveyance to ahtna.— As consideration for the conveyance of property under subsection (a)(2), Ahtna shall provide the United States with consideration in an amount that is acceptable to the Secretary, whether in the form of cash payment, in-kind consideration, a land exchange under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), or a combination thereof.
Treatment of cash consideration received.— Any cash payment received by the Secretary as consideration for a conveyance under subsection (a) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection.
Reversionary Interest.— If the Secretary of the Air Force determines at any time that the real property conveyed under subsection (a)(1) is not being used by the University in accordance with the purposes of the conveyance specified in such subsection, all right, title, and interest in and to the 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 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 of the Air Force shall require the recipient of real property under this section to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance of that property, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the recipient.
Treatment of amounts received.— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out a conveyance under this section shall be credited and made available to the Secretary as provided in section 2695(c) of title 10, United States Code.
Conveyance Agreement.— The conveyance of property under this section shall be accomplished using a quitclaim deed or other legal instrument and upon terms and conditions mutually satisfactory to the Secretary of the Air Force and the recipient of the property, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2822. Land Conveyance, Campion Air Force Radar Station, Galena, Alaska.
Conveyance Authorized.— The Secretary of the Air Force may convey, without consideration, to the Town of Galena, Alaska (in this section referred to as the “Town”), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, at the former Campion Air Force Station, Alaska, as further described in subsection (b), for the purpose of permitting the Town to use the conveyed property for public purposes. The conveyance under this subsection is subject to valid existing rights.
Description of Property.— The property to be conveyed under subsection (a) consists of up to approximately 1,300 acres of the remaining land withdrawn under Public Land Order No. 843 of June 24, 1952, and Public Land Order No. 1405 of April 4, 1957, for use by the Secretary of the Air Force as the former Campion Air Force Station. The portions of the former Air Force Station that are not authorized to be conveyed under subsection (a) are those portions that are subject to environmental land use restrictions or are undergoing environmental remediation by the Secretary of the Air Force as of the date of such conveyance.
Reversionary Interest.— If the Secretary of the Air Force 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 such subsection, all right, title, and interest in and to the land, 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.
Conveyance Agreement.— The conveyance of land under this section shall be accomplished using a quitclaim deed or other legal instrument and upon terms and conditions mutually satisfactory to the Secretary of the Air Force, after consulting with the Secretary of the Interior, and the Town, including such additional terms and conditions as the Secretary of the Air Force, after consulting with the Secretary of the Interior, considers appropriate to protect the interests of the United States.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Air Force shall require the Town to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary of the Air Force and by the Secretary of the Interior, or to reimburse the appropriate Secretary for such 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 Town 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 appropriate Secretary shall refund the excess amount to the Town.
Treatment of amounts received.— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary of the Air Force or by the Secretary of the Interior 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 appropriate Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the appropriate 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.
Map and Legal Description.— As soon as practicable after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Secretary of the Interior, shall finalize a map and the legal description of the real property to be conveyed under subsection (a). The Secretary of the Air Force may correct any minor errors in the map or the legal description. The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Supersedence of Public Land Orders.— Public Land Order Nos. 843 and 1405 are hereby superseded, but only insofar as the orders affect the lands conveyed to the Town under subsection (a).
SEC. 2823. Lease, Joint Base Elmendorf-Richardson, Alaska.
Leases Authorized.—
Lease to municipality of anchorage.— The Secretary of the Air Force may lease to the Municipality of Anchorage, Alaska, certain real property, to include improvements thereon, at Joint Base Elmendorf-Richardson (“JBER”), Alaska, as more particularly described in subsection (b) for the purpose of permitting the Municipality to use the leased property for recreational purposes.
Lease to mountain view lions club.— The Secretary of the Air Force may lease to the Mountain View Lions Club certain real property, to include improvements thereon, at JBER, as more particularly described in subsection (b) for the purpose of the installation, operation, maintenance, protection, repair, and removal of recreational equipment.
Description of Property.—
The real property to be leased under subsection (a)(1) consists of the real property described in Department of the Air Force Lease No. DACA85–1–99–14.
The real property to be leased under subsection (a)(2) consists of real property described in Department of the Air Force Lease No. DACA85–1–97–36.
Term and Conditions of Leases.—
Term of leases.— The term of the leases authorized under subsection (a) shall not exceed 25 years.
Other terms and conditions.— Except as otherwise provided in this section—
the remaining terms and conditions of the lease under subsection (a)(1) shall consist of the same terms and conditions described in Department of the Air Force Lease No. DACA85–1–99–14; and
the remaining terms and conditions of the lease under subsection (a)(2) shall consist of the same terms and conditions described in Department of the Air Force Lease No. DACA85–1–97–36.
Additional Terms and Conditions.— The Secretary may require such additional terms and conditions in connection with the leases under this section as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2824. Transfer of Administrative Jurisdictions, Navajo Army Depot, Arizona.
In General.— All administrative jurisdiction of the Secretary of Agriculture over 28,423 acres of National Forest System land located within the Kaibab National Forest and the Coconino National Forest shown on the map entitled “Navajo Army Depot Jurisdiction” and dated July 19, 2016, is hereby transferred to the Secretary of the Army.
Volunteer Mountain Lookout.—
Agreement.— The Secretary of the Army and the Secretary of Agriculture shall enter into an agreement to authorize the Secretary of Agriculture to occupy, access by vehicle, and use Volunteer Mountain Lookout for the purposes of wildfire detection and reporting for as long as needed by the Secretary of Agriculture.
Maintenance.— The Secretary of Agriculture shall be responsible for maintaining the Volunteer Mountain Lookout structure. The Secretary of the Army, in coordination with the Secretary of Agriculture, shall be responsible for maintaining road access to Volunteer Mountain Lookout.
Restoration or Remediation.— The Secretary of the Army shall be responsible for, and fund any environmental restoration or remediation that is required for, the abatement of any release of hazardous substances, pollutants, contaminants, or petroleum products on the land referenced in subsection (a), and shall hold harmless the Secretary of Agriculture from any financial obligation to contribute to any such restoration or remediation.
Revocation.— Public Land Order 59 (dated November 12, 1942) and Public Land Order 176 (dated September 29, 1943) are hereby revoked.
Reversionary Interest.— On the request of the owners of the Camp Navajo railroad 1 parcel and the Camp Navajo railroad 2 parcel, any reversionary interest of the United States pursuant to the Act of July 27, 1866 (14 Stat. 292, chapter 278), in and to the Camp Navajo railroad 1 parcel shall be transferred to the Camp Navajo railroad 2 parcel.
Release.— On transfer of the reversionary interest under subsection (e), the Camp Navajo railroad 1 parcel shall no longer be subject to the reversionary interest described in that subsection.
Definitions.— In this section:
Camp navajo railroad 1 parcel.— The term “Camp Navajo railroad 1 parcel” means the land described in the deed recorded in Coconino County, Arizona, on October 6, 2014, as document number 3703647.
Camp navajo railroad 2 parcel.— The term “Camp Navajo railroad 2 parcel” means the parcel of land as described in the deed recorded in Coconino County, Arizona, on June 2, 2006, as document number 3386576.
SEC. 2825. Exchange of Property Interests, San Diego Unified Port District, California.
Exchange of Property Interests Authorized.—
Interests to be conveyed.— The Secretary of the Navy (hereafter referred to as the “Secretary”) may convey to the San Diego Unified Port District (hereafter referred to as the “District”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon and, without limitation, any leasehold interests of the United States therein, consisting of approximately 0.33 acres and identified as Parcel No. 4 on District Drawing No. 018–107 (April 2013). This parcel contains 48 parking spaces central to the mission conducted on the site of the Navy’s leasehold interest at 1220 Pacific Highway, San Diego, California.
Interests to be acquired.— In exchange for the property interests described in paragraph (1), the Secretary may accept from the District property interests of equal value and similar utility, as determined by the Secretary, located within immediate proximity to the property described in paragraph (1), that provide the rights to an equivalent number of parking spaces of equal value (subject to subsection (c)(1)).
Encumbrances.—
No acceptance of property with encumbrances precluding use as parking spaces.— In an exchange of property interests under subsection (a), the Secretary may not accept any property under subsection (a)(2) unless the property is free of encumbrances that would preclude the Department of the Navy from using the property for parking spaces, as determined under paragraph (2).
Determination of freedom from encumbrances.— For purposes of paragraph (1), a property shall be considered to be free of encumbrances that would preclude the Department of the Navy from using the property for parking spaces if—
the District guarantees and certifies that the property is free of such encumbrances under its own authority to preclude the use of the property for parking spaces; and
the District obtains guarantees and certifications from appropriate entities of the State and units of local government that the property is free of any such encumbrances that may be in place pursuant to the Tidelands Trust, the North Embarcadero Visionary Plan, the Downtown Community Plan, or any other law, regulation, plan, or document.
Equalization.—
Transfer of rights to additional parking spaces.— If the value of the property interests described in subsection (a)(1) is greater than the value of the property interests and rights to parking spaces described in subsection (a)(2), the values shall be equalized by the transfer to the Secretary of rights to additional parking spaces.
No authorization of cash equalization payments from secretary.— If the value of the property interests and parking rights described in subsection (a)(2) are greater than the value of the property interests described in subsection (a)(1), the Secretary may not make a cash equalization payment to equalize the values.
Payment of Costs of Conveyance.—
Payment required.— The Secretary shall require the District to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the exchange of property interests under this section, including survey costs, costs related to environmental documentation, real estate due diligence such as appraisals, and any other administrative costs related to the exchange of property interests. If amounts are collected from the District 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 exchange of property interests, the Secretary shall refund the excess amount to the District.
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 exchange of property interests. 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 interests to be exchanged under this section shall be determined by surveys satisfactory to the Secretary.
Conveyance Agreement.— The exchange of property interests under this section shall be accomplished using a lease, lease amendment, or other legal instrument and upon terms and conditions mutually satisfactory to the Secretary and the District, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2826. Release of Property Interests Retained in Connection with Land Conveyance, Eglin Air Force Base, Florida.
Release of Exceptions, Limitations, and Conditions in Deeds.— With respect to approximately 126 acres of real property in Okaloosa County, Florida, more particularly described in subsection (b), which were conveyed by the United States to the Air Force Enlisted Mens’ Widows and Dependents Home Foundation, Incorporated (“Air Force Enlisted Village”), the Secretary of the Air Force may release, without consideration, any and all exceptions, limitations, and conditions specified by the United States in the deeds conveying such real property.
Property Described.— The real property subject to subsection (a) was part of Eglin Air Force, Florida, and consists of all parcels conveyed in exchange for fair market value cash payment by the Air Force Enlisted Village pursuant to section 809(c) of the Military Construction Authorization Act, 1979 (Public Law 95–356; 92 Stat. 587), as amended by section 2826 of the Military Construction Authorization Act, 1989 (Public Law 100–456; 102 Stat. 2123), and section 2861 of the Military Construction Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2223).
Instrument of Release and Description of Property.— The Secretary may execute and record in the appropriate office a deed of release, amended deed, or other appropriate instrument reflecting the release of exceptions, limitations, and conditions under subsection (a).
Payment of Administrative Costs.—
Payment required.— The Secretary may require the Air Force Enlisted Village to pay for any costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the release under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the release. If amounts paid to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the release, the Secretary shall refund the excess amount to the Air Force Enlisted Village.
Treatment of amounts received.— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the release under subsection (a) shall be credited and made available to the Secretary as provided in section 2695(c) of title 10, United States Code.
Additional Terms and Conditions.— The Secretary may require such additional terms and conditions in connection with the release of exceptions, limitations, and conditions under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2827. Land Exchange, Fort Hood, Texas.
Exchange Authorized.— The Secretary of the Army may convey to the City of Copperas Cove, Texas (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 437 acres at Fort Hood, Texas, for the purpose of permitting the City to improve arterial transportation routes in the vicinity of Fort Hood and to promote economic development in the area of the City and Fort Hood.
Consideration.— As consideration for the conveyance under subsection (a), the City shall convey to the Secretary of the Army all right, title, and interest of the City in and to one or more parcels of real property that are acceptable to the Secretary. The fair market value of the real property acquired by the Secretary under this subsection shall be at least equal to the fair market value of the real property conveyed under subsection (a), as determined by appraisals acceptable to the Secretary.
Description of Property.— The exact acreage and legal description of the real property to be exchanged under this section shall be determined by surveys satisfactory to the Secretary of the Army.
Payment of Costs of Conveyances.—
Payment required.— The Secretary of the Army shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyances under this section, including survey costs related to the conveyances. 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 conveyances, the Secretary shall refund the excess amount to the City.
Treatment of amounts received.— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyances under this section shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyances. 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 conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2828. Land Conveyance, P–36 Warehouse, Colbern United States Army Reserve Center, Laredo, Texas.
Conveyance Authorized.— The Secretary of the Army may convey, without consideration, to the Laredo Community College (in this section referred to as the “LCC”) all right, title, and interest of the United States in and to a parcel of real property consisting of approximately 0.077 acres, including the approximately 725 sq. ft. Historic Building, P–36 Warehouse, and other improvements thereon, at Colbern United States Army Reserve Center, Laredo, Texas, for the purposes of educational use and historic preservation.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Army shall require the LCC 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 LCC 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 LCC.
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.
Reversionary Interest.—
Reversion.— If the Secretary of the Army determines at any time that the 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 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 property. A determination by the Secretary under this paragraph shall be made on the record after an opportunity for a hearing.
Payment of consideration in lieu of reversion.— In lieu of exercising the right of reversion retained under paragraph (1) with respect to the property conveyed under subsection (a), the Secretary may require the LCC to pay to the United States an amount equal to the fair market value of the property conveyed, as determined by the Secretary.
Treatment of cash consideration.— Any cash payment received by the United States under paragraph (2) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection.
Additional Terms.— 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. 2829. Land Conveyance, St. George National Guard Armory, St. George, Utah.
Land Conveyance Authorized.— The Secretary of the Interior may convey, without consideration, to the State of Utah all right, title, and interest of the United States in and to a parcel of public land in St. George, Utah, comprising approximately 70 acres, as described in Public Land Order 6840 published in the Federal Register on March 29, 1991 (56 Fed. Reg. 13081), and containing the St. George National Guard Armory for the purpose of permitting the Utah National Guard to use the conveyed land for military purposes.
Termination of Prior Administrative Action.— The Public Land Order described in subsection (a), which provided for a 20-year withdrawal of the public land described in the Public Land Order, is withdrawn upon conveyance of the land under this section.
Description of Property.— The exact acreage and legal description of the property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary of the Interior.
Conveyance Agreement.— The conveyance under this section shall be accomplished using a quitclaim deed or other legal instrument and upon terms and conditions mutually satisfactory to the Secretary of the Interior and the State of Utah, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
Reversionary Interest.— If the Secretary of the Interior determines at any time that the 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 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 property. A determination by the Secretary under this paragraph shall be made on the record after an opportunity for a hearing.
SEC. 2829A. Land Acquisitions, Arlington County, Virginia.
Acquisition Authorized.—
In general.— The Secretary of the Army may acquire by purchase, exchange, donation, or by other means, including condemnation, which the Secretary determines is sufficient for the expansion of Arlington National Cemetery for purposes of ensuring maximization of interment sites and compatible use of adjacent properties, including any appropriate cemetery or memorial parking, all right, title, and interest in and to land—
from Arlington County (in this section referred to as the “County”), one or more parcels of real property in the area known as the Southgate Road right-of-way, Columbia Pike right-of-way, and South Joyce Street right-of-way located in Arlington County, Virginia; and
from the Commonwealth of Virginia (in this section referred to as the “Commonwealth”), one or more parcels of property in the area known as the Columbia Pike right-of-way, including the Washington Boulevard-Columbia Pike interchange, but excluding the Virginia Department of Transportation Maintenance and Operations Facility.
Selection of property for acquisition.— The Memorandum of Understanding between the Department of the Army and Arlington County signed in January 2013 shall be used as a guide in determining the properties to be acquired under this section to expand Arlington National Cemetery to the maximum extent practicable. After consultation with the Commonwealth and the County, the Secretary shall determine the exact parcels to be acquired, and such determination shall be final. In selecting the properties to be acquired under paragraph (1), the Secretary shall seek—
to remove existing barriers to the expansion of Arlington National Cemetery north of Columbia Pike through a realignment of Southgate Road to the western boundary of the former Navy Annex site; and
to support the realignment and straightening of Columbia Pike and redesign of the Washington Boulevard-Columbia Pike interchange.
Consideration.— The Secretary is authorized to expend amounts up to fair market value consideration for the interests in land acquired under this subsection.
Exchange Authorized.—
Exchange.— In carrying out the acquisition authorized in subsection (a), in lieu of the consideration authorized under subsection (a)(3), the Secretary may convey through land exchange—
to the County, all right, title, and interest of the United States in and to one or more parcels of real property, together with any improvements thereon, located south of current Columbia Pike and west of South Joyce Street in Arlington County, Virginia;
to the Commonwealth, all right, title, and interest of the United States in and to one or more parcels of property east of Joyce Street in Arlington County, Virginia, necessary for the realignment of Columbia Pike and the Washington Boulevard-Columbia Pike interchange, as well as for future improvements to Interstate 395 ramps; and
to either the County or the Commonwealth, other real property under control of the Secretary determined by the Secretary to be excess to the needs of the Army.
Exchange value.—
Minimum value.— The Secretary shall obtain no less than fair market value consideration for any property conveyed under this subsection.
Cash equalization.— Where the value of property to be exchanged is greater than the value of property to be acquired by the Secretary, the Secretary may accept cash equalization payments.
Treatment of cash consideration received.— Any cash payment received by the United States as consideration for the conveyance under subparagraph (B) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection or, in the case of conveyance of excess property located on a military installation closed under 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), shall be deposited in the special account established under section 2906 of such Act.
Appraisals.— The value of property to be acquired or conveyed under this section shall be determined by appraisals acceptable to the Secretary.
Description of Property.— The exact acreage and legal description of the real property to be acquired or conveyed under this section shall be determined by surveys satisfactory to the Secretary, in consultation with the Commonwealth and the County where practicable.
Additional Terms and Conditions.— The Secretary may require such additional terms and conditions in connection with transactions authorized under this section as is considered appropriate to protect the interests of the United States.
Repeal of Authority.— Section 2841 of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3712) is repealed.
SEC. 2829B. Release of Restrictions, Richland Innovation Center, Richland, Washington.
Release Authorized.— The Secretary of Transportation, acting through the Maritime Administrator and in consultation with the Administrator of General Services, may, upon receipt of full consideration as provided in subsection (b), release all remaining right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, in Richland, Washington, consisting as of the date of the enactment of this Act of approximately 71.5 acres and containing personal and real property, to the Port of Benton (hereafter in this section referred to as the “Port”).
Consideration.—
Consideration required.— As consideration for the release under subsection (a), the Port shall provide an amount that is acceptable to the Secretary of Transportation, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof, at such time as the Secretary may require. The Secretary may determine the level of acceptable consideration under this paragraph on the basis of the value of the restrictions released under subsection (a), but only if the value of such restrictions is determined without regard to any improvements made by the Port.
In-kind consideration.— In-kind consideration provided by the Port under paragraph (1) may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facility or infrastructure under the jurisdiction of any office of the Federal Government.
Treatment of consideration received.— Consideration in the form of cash payment received by the Secretary under paragraph (1) shall be deposited in the separate fund in the Treasury described in section 572(a)(1) of title 40, United States Code.
Payment of Cost of Release.—
Payment required.— The Secretary of Transportation shall require the Port 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 release under subsection (a), including survey costs, costs for environmental documentation related to the release, and any other administrative costs related to the release. If amounts are collected from the Port 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 release, the Secretary shall refund the excess amount to the Port.
Treatment of amounts received.— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the release under subsection (a) or, if the period of availability of obligations for that appropriation has expired, to the appropriations of 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.
Description of Property.— The exact acreage and legal description of the real property which is the subject of the release under subsection (a) shall be determined by a survey satisfactory to the Secretary of Transportation.
Additional Terms and Conditions.— The Secretary of Transportation may require such additional terms and conditions in connection with the release under subsection (a) as the Secretary, in consultation with the Administrator of General Services, considers appropriate to protect the interests of the United States.
SEC. 2829C. Modification of Land Conveyance, Rocky Mountain Arsenal National Wildlife Refuge.
Section 5(d)(1) of the Rocky Mountain Arsenal National Wildlife Refuge Act of 1992 (Public Law 102–402; 16 U.S.C. 668dd note) is amended by adding at the end the following new subparagraph:
“(C)
(i) Notwithstanding clause (i) of subparagraph (A), the restriction attached to any deed to any real property designated for disposal under this section that prohibits the use of the property for residential or industrial purposes may be modified or removed if a determination is made that the property will be protective of human health and the environment for the proposed use with an adequate margin of safety following the modification or removal of the restriction.
“(ii) The determination described in clause (i) shall be made after—
“(I) the performance of a risk assessment pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
“(II) the completion of response actions that are necessary to protect human health and the environment to allow for the proposed use.
“(iii) The Secretary of the Army shall not be responsible or liable for any of the following:
“(I) The cost of the risk assessment performed under subclause (I) of clause (ii) or any response actions described in subclause (II) of clause (ii).
“(II) Any damages attributable to the use of property for residential or industrial purposes as the result of the modification or removal of a deed restriction pursuant to clause (i), or the costs of any actions taken in response to such damages.”
SEC. 2829D. Closure of St. Marys Airport.
Release of Restrictions.— Subject to subsection (b), the United States, acting through the Administrator of the Federal Aviation Administration, shall release the city of St. Marys, Georgia, from all restrictions, conditions, and limitations on the use, encumbrance, conveyance, and closure of the St. Marys Airport, to the extent such restrictions, conditions, and limitations are enforceable by the Administrator.
Requirements for Release of Restrictions.— The Administrator shall execute the release under subsection (a) once all of the following occurs:
The Secretary of the Navy transfers to the Georgia Department of Transportation the amounts described in subsection (c) and requires as an enforceable condition on such transfer that all funds transferred shall be used only for airport development (as defined in section 47102 of title 49, United States Code) of a general aviation airport in Georgia, consistent with planning efforts conducted by the Administrator and the Georgia Department of Transportation.
The city of St. Marys, for consideration as provided for in this section, grants to the United States, under the administrative jurisdiction of the Secretary, a restrictive use easement in the real property used for the St. Marys Airport, as determined acceptable by the Secretary, under such terms and conditions as the Secretary considers necessary to protect the interests of the United States and prohibiting the future use of such property for all aviation-related purposes and any other purposes deemed by the Secretary to be incompatible with the operations, functions, and missions of Naval Submarine Base, Kings Bay, Georgia.
The Secretary obtains an appraisal to determine the fair market value of the real property used for the St. Marys Airport in the manner described in subsection (c)(1).
The Administrator fulfills the obligations under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in connection with the release under subsection (a). In carrying out such obligations—
the Administrator shall not assume or consider any potential or proposed future redevelopment of the current St. Marys airport property;
any potential new general aviation airport in Georgia shall be deemed to be not connected with the release noted in subsection (a) nor the closure of St. Marys Airport; and
any environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a potential general aviation airport in Georgia shall be considered through an environmental review process separate and apart from the environmental review made a condition of release by this section.
Transfer of Amounts Described.— The amounts described in this subsection are the following:
An amount equal to the fair market value of the real property of the St. Marys Airport, as determined by the Secretary and concurred in by the Administrator, based on an appraisal report and title documentation that—
is prepared or adopted by the Secretary, and concurred in by the Administrator, not more than 180 days prior to the transfer described in subsection (b)(1); and
meets all requirements of Federal law and the appraisal and documentation standards applicable to the acquisition and disposal of real property interests of the United States.
An amount equal to the unamortized portion of any Federal development grants (including grants available under a State block grant program established pursuant to section 47128 of title 49, United States Code), other than used for the acquisition of land, paid to the city of St. Marys for use as the St. Marys Airport.
An amount equal to the airport revenues remaining in the airport account for the St. Marys Airport as of the date of the enactment of this Act and as otherwise due to or received by the city of St. Marys after such date of enactment pursuant to sections 47107(b) and 47133 of title 49, United States Code.
Authorization for Transfer of Funds.— Using funds available to the Department of the Navy for operation and maintenance, the Secretary may pay the amounts described in subsection (c) to the Georgia Department of Transportation, conditioned as described in subsection (b)(1).
Additional Requirements.—
Survey.— The exact acreage and legal description of St. Marys Airport shall be determined by a survey satisfactory to the Secretary and concurred in by the Administrator.
Planning of general aviation airport.— Any planning effort for the development of a new general aviation airport in southeast Georgia using the amounts described in subsection (c) shall be conducted in coordination with the Secretary, and shall ensure that any such airport does not encroach on the operations, functions, and missions of Naval Submarine Base, Kings Bay, Georgia.
Rule of Construction.— Nothing in this section may be construed to limit the applicability of—
the requirements and processes under section 46319 of title 49, United States Code;
the requirements and processes under part 157 of title 14, Code of Federal Regulations; or
the public notice requirements under section 47107(h)(2) of title 49, United States Code.
SEC. 2829E. Transfer of Fort Belvoir Mark Center Campus from the Secretary of the Army to the Secretary of Defense and Applicability of Certain Provisions of Law Relating to the Pentagon Reservation.
Inclusion of Mark Center Campus Under Pentagon Reservation Authorities.—
Definition of pentagon reservation.— Paragraph (1) of subsection (f) of section 2674 of title 10, United States Code, is amended to read as follows:
“(1) The term ‘Pentagon Reservation’ means the Pentagon, the Mark Center Campus, and the Raven Rock Mountain Complex.”
Other definitions.— Such subsection is further amended by adding at the end the following new paragraphs:
“(3) The term ‘Pentagon’ means that area of land (consisting of approximately 227 acres) and improvements thereon, including parking areas, located in Arlington County, Virginia, containing the Pentagon Office Building and its supporting facilities.
“(4) The term ‘Mark Center Campus’ means that area of land (consisting of approximately 16 acres) and improvements thereon, including parking areas, located in Alexandria, Virginia, and known on the day before the date of the enactment of this paragraph as the Fort Belvoir Mark Center Campus.
“(5) The term ‘Raven Rock Mountain Complex’ means that area of land (consisting of approximately 720 acres) and improvements thereon, including parking areas, at the Raven Rock Mountain Complex and its supporting facilities located in Maryland and Pennsylvania.”
Conforming amendment relating to law enforcement authority.— Subsection (b)(1) of such section is amended by inserting “ for the Pentagon Reservation and” after “ law enforcement and security functions”.
Conforming amendment relating to definitions.— Subsection (g) of such section is repealed.
Update to Reference to Secretary of Defense Authority.— Subsection (a) of such section is amended—
by striking “ Jurisdiction” and inserting “ The Secretary of Defense has jurisdiction”; and
by striking “ is transferred to the Secretary of Defense”.
Repeal of Obsolete Reporting Requirement.— Such subsection is further amended—
by striking “ (1)” after “ (a)”; and
by striking paragraphs (2) and (3).
Subsection Captions.— Such section is further amended—
in subsection (a), as amended by subsection (c) of this section, by inserting “ Pentagon Reservation.—” after “ (a)”;
in subsection (b), by striking “ (b)(1)” and inserting “ (b) Law Enforcement Authorities and Personnel.—(1)”;
in subsection (c), by striking “ (c)(1)” and inserting “ (c) Regulations and Enforcement.—(1)”;
in subsection (d), by inserting “ Authority To Charge for Provision of Certain Services and Facilities.—” after “ (d)”;
in subsection (e), by striking “ (e)(1)” and inserting “ (e) Pentagon Reservation Maintenance Revolving Fund.—(1)”; and
in subsection (f), by inserting “ Definitions.—” after “ (f)”.
SEC. 2829F. Return of Certain Lands at Fort Wingate, New Mexico, to the Original Inhabitants.
Division and Treatment of Lands of Former Fort Wingate Depot Activity, New Mexico, to Benefit the Zuni Tribe and Navajo Nation.—
Immediate trust on behalf of zuni tribe; exception.— Subject to valid existing rights and to easements reserved pursuant to subsection (b), all right, title, and interest of the United States in and to the lands of Former Fort Wingate Depot Activity depicted in dark blue on the map titled “The Fort Wingate Depot Activity Negotiated Property Division April 2016” (in this section referred to as the “Map”) and transferred to the Secretary of the Interior are to be held in trust by the Secretary of the Interior for the Zuni Tribe as part of the Zuni Reservation, unless the Zuni Tribe otherwise elects under clause (ii) of paragraph (3)(C) to have the parcel conveyed to it in Restricted Fee Status.
Immediate trust on behalf of the navajo nation; exception.— Subject to valid existing rights and to easements reserved pursuant to subsection (b), all right, title, and interest of the United States in and to the lands of Former Fort Wingate Depot Activity depicted in dark green on the Map and transferred to the Secretary of the Interior are to be held in trust by the Secretary of the Interior for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation otherwise elects under clause (ii) of paragraph (3)(C) to have the parcel conveyed to it in Restricted Fee Status.
Subsequent transfer and trust; restricted fee status alternative.—
Transfer upon completion of remediation.— Not later than 60 days after the date on which the Secretary of the Army, with the concurrence of the New Mexico Environment Department, notifies the Secretary of the Interior that remediation of a parcel of land of Former Fort Wingate Depot Activity has been completed consistent with subsection (c), the Secretary of the Army shall transfer administrative jurisdiction over the parcel to the Secretary of the Interior.
Notification of transfer.— Not later than 30 days after the date on which the Secretary of the Army transfers administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity under subparagraph (A), the Secretary of the Interior shall notify the Zuni Tribe and Navajo Nation of the transfer of administrative jurisdiction over the parcel.
Trust or restricted fee status.—
Trust.— Except as provided in clause (ii), the Secretary of the Interior shall hold each parcel of land of Former Fort Wingate Depot Activity transferred under subparagraph (A) in trust—
for the Zuni Tribe, in the case of land depicted in blue on the Map; or
for the Navajo Nation, in the case of land depicted in green on the Map.
Restricted fee status.— In lieu of having a parcel of land held in trust under clause (i), the Zuni Tribe, with respect to land depicted in blue on the Map, and the Navajo Nation, with respect to land depicted in green on the Map, may elect to have the Secretary of the Interior convey the parcel or any portion of the parcel to it in restricted fee status.
Notification of election.— Not later than 45 days after the date on which the Zuni Tribe or the Navajo Nation receives notice under subparagraph (B) of the transfer of administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Interior of an election under clause (ii) for conveyance of the parcel or any portion of the parcel in restricted fee status.
Conveyance.— As soon as practicable after receipt of a notice from the Zuni Tribe or the Navajo Nation under clause (iii), but in no case later than 6 months after receipt of the notice, the Secretary of the Interior shall convey, in restricted fee status, the parcel of land of Former Fort Wingate Depot Activity covered by the notice to the Zuni Tribe or the Navajo Nation, as the case may be.
Restricted fee status defined.— For purposes of this section only, the term “restricted fee status”, with respect to land conveyed under clause (iv), means that the land so conveyed—
shall be owned in fee by the Indian tribe to whom the land is conveyed;
shall be part of the Indian tribe’s Reservation and expressly made subject to the jurisdiction of the Indian Tribe;
shall not be sold by the Indian tribe without the consent of Congress;
shall not be subject to taxation by a State or local government other than the government of the Indian tribe; and
shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before an Indian tribe may use the land for any purpose, directly or through agreement with another party.
Survey and boundary requirements.—
In general.— The Secretary of the Interior shall—
provide for the survey of lands of Former Fort Wingate Depot Activity taken into trust for the Zuni Tribe or the Navajo Nation or conveyed in restricted fee status for the Zuni Tribe or the Navajo Nation under paragraph (1), (2), or (3); and
establish legal boundaries based on the Map as parcels are taken into trust or conveyed in restricted fee status.
Consultation.— Not later than 90 days after the date of the enactment of this section, the Secretary of the Interior shall consult with the Zuni Tribe and the Navajo Nation to determine their priorities regarding the order in which parcels should be surveyed and, to the greatest extent feasible, the Secretary shall follow these priorities.
Relation to certain regulations.— Part 151 of title 25, Code of Federal Regulations, shall not apply to taking lands of Former Fort Wingate Depot Activity into trust under paragraph (1), (2), or (3).
Fort wingate launch complex land status.— Upon certification by the Secretary of Defense that the area generally depicted as “Fort Wingate Launch Complex” on the Map is no longer required for military purposes and can be transferred to the Secretary of the Interior—
the areas generally depicted as “FWLC A” and “FWLC B” on the Map shall be held in trust by the Secretary of the Interior for the Zuni Tribe in accordance with this subsection; and
the areas generally depicted as “FWLC C” and “FWLC D” on the Map shall be held in trust by the Secretary of the Interior for the Navajo Nation in accordance with this subsection.
Temporary Retention of Necessary Easements and Access.—
Treatment of existing easements, permit rights, and rights-of-way.—
In general.— The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to subsection (a) shall be held in trust with easements, permit rights, and rights-of-way, and access associated with such easements, permit rights, and rights-of-way, of any applicable utility service provider in existence or for which an application is pending for existing facilities at the time of the conveyance or change to trust status, including the right to upgrade applicable utility services recognized and preserved, for a period of 40 years beginning on the date of the conveyance or change to trust status and without the right of revocation during such period (except as provided in subparagraph (B)).
Termination.— During the 40-year period referred to in subparagraph (A), an easement, permit right, or right-of-way recognized and preserved under subparagraph (A) shall terminate only—
on the relocation of an applicable utility service referred to in subparagraph (A), but only with respect to that portion of the utility facilities that are relocated; or
with the consent of the holder of the easement, permit right, or right-of-way.
Additional easements.— During the 40-year period referred to in subparagraph (A), the Secretary of the Interior shall grant to a utility service provider, without consideration, such additional easements across lands held in trust or conveyed in restricted fee status pursuant to subsection (a) as the Secretary considers necessary to accommodate the relocation or reconnection of a utility service existing on the date of enactment of this section.
Access for environmental response actions.— The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to subsection (a) shall be subject to reserved access by the United States as the Secretary of the Army and the Secretary of the Interior determine are reasonably required to permit access to lands of Former Fort Wingate Depot Activity for administrative and environmental response purposes. The Secretary of the Army shall provide to the governments of the Zuni Tribe and the Navajo Nation written copies of all access reservations under this subsection.
Shared access.—
Parcel 1 shared cultural and religious access.— In the case of the lands of Former Fort Wingate Depot Activity depicted as Parcel 1 on the Map, the lands shall be held in trust subject to a shared easement for cultural and religious purposes only. Both the Zuni Tribe and the Navajo Nation shall have unhindered access to their respective cultural and religious sites within Parcel 1. Within 1 year after the date of the enactment of this section, the Zuni Tribe and the Navajo Nation shall exchange detailed information to document the existence of cultural and religious sites within Parcel 1 for the purpose of carrying out this subparagraph. The information shall also be provided to the Secretary of the Interior.
Other shared access.— Subject to the written consent of both the Zuni Tribe and the Navajo Nation, the Secretary of the Interior may facilitate shared access to other lands held in trust or restricted fee status pursuant to subsection (a), including, but not limited to, religious and cultural sites.
I–40 frontage road entrance.— The access road for the Former Fort Wingate Depot Activity, which originates at the frontage road for Interstate 40 and leads to the parcel of the Former Fort Wingate Depot Activity depicted as “administration area” on the Map, shall be held in common by the Zuni Tribe and Navajo Nation to provide for equal access to Former Fort Wingate Depot Activity.
Compatibility with defense activities.— The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to subsection (a) shall be subject to reservations by the United States as the Secretary of Defense determines are reasonably required to permit access to lands of the Fort Wingate launch complex for administrative, test operations, and launch operations purposes. The Secretary of Defense shall provide the governments of the Zuni Tribe and the Navajo Nation written copies of all reservations under this paragraph.
Environmental Remediation.— Nothing in this section shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of Former Fort Wingate Depot Activity in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
Prohibition on Gaming.— Any real property of the Former Fort Wingate Depot Activity and all other real property subject to this section shall not be eligible, or used, for any gaming activity carried out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
Subtitle D Military Memorials, Monuments, and Museums
SEC. 2831. Cyber Center for Education and Innovation-Home of the National Cryptologic Museum.
Authority To Establish and Operate Center.— Chapter 449 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 4781. Cyber Center for Education and Innovation-Home of the National Cryptologic Museum
“(a) Establishment.—The Secretary of Defense may establish at a publicly accessible location at Fort George G. Meade the ‘Cyber Center for Education and Innovation-Home of the National Cryptologic Museum’ (in this section referred to as the ‘Center’). The Center may be used for the identification, curation, storage, and public viewing of materials relating to the activities of the National Security Agency, its predecessor or successor organizations, and the history of cryptology. The Center may contain meeting, conference, and classroom facilities that will be used to support such education, training, public outreach, and other purposes as the Secretary considers appropriate.
“(b) Design, Construction, and Operation.—The Secretary may enter into an agreement with the National Cryptologic Museum Foundation (in this section referred to as the ‘Foundation’), a nonprofit organization, for the design, construction, and operation of the Center.
“(c) Acceptance Authority.—
“(1) Acceptance of facility.—If the Foundation constructs the Center pursuant to an agreement with the Foundation under subsection (b), upon satisfactory completion of the Center’s construction or any phase thereof, as determined by the Secretary, and upon full satisfaction by the Foundation of any other obligations pursuant to such agreement, the Secretary may accept the Center (or any phase thereof) from the Foundation, and all right, title, and interest in the Center or such phase shall vest in the United States.
“(2) Acceptance of services.—Notwithstanding section 1342 of title 31, the Secretary may accept services from the Foundation in connection with the design, construction, and operation of the Center. For purposes of this section and any other provision of law, employees or personnel of the Foundation shall not be considered to be employees of the United States.
“(d) Fees and User Charges.—
“(1) Authority to assess fees and user charges.—The Secretary may assess fees and user charges sufficient to cover the cost of the use of Center facilities and property, including rental, user, conference, and concession fees.
“(2) Use of funds.—Amounts received by the Secretary under paragraph (1) shall be deposited into the Fund established under subsection (e).
“(e) Fund.—
“(1) Establishment.—Upon the Secretary’s acceptance of the Center under subsection (c)(1), there is established in the Treasury a fund to be known as the Cyber Center for Education and Innovation-Home of the National Cryptologic Museum Fund (in this section referred to as the ‘Fund’).
“(2) Contents.—The Fund shall consist of the following amounts:
“(A) Fees and user charges deposited by the Secretary under subsection (d).
“(B) Any other amounts received by the Secretary which are attributable to the operation of the Center.
“(3) Use of fund.—Amounts in the Fund shall be available to the Secretary for the benefit and operation of the Center, including the costs of operation and the acquisition of books, manuscripts, works of art, historical artifacts, drawings, plans, models, and condemned or obsolete combat materiel.
“(4) Continuing availability of amounts.—Amounts in the Fund shall be available without fiscal year limitation.”
Clerical Amendment.— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“4781. Cyber Center for Education and Innovation-Home of the National Cryptologic Museum.”.
SEC. 2832. 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. 2833. Women’s Military Service Memorials and Museums.
Authorization.— The Secretary of Defense may provide not more than $5,000,000 in financial support for the acquisition, installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums that highlight the role of women in the military. The Secretary may enter into a contract with a nonprofit organization for the purpose of performing such acquisition, installation, and maintenance.
Offset.— Of the funds authorized to be appropriated by section 301 for operation and maintenance, Army, and available for the National Museum of the United States Army, not more than $5,000,000 shall be provided, at the discretion of the Secretary of Defense, to carry out activities under subsection (a).
SEC. 2834. Petersburg National Battlefield Boundary Modification.
In General.— The boundary of the Petersburg National Battlefield is modified to include the land and interests in land as generally depicted on the map titled “Petersburg National Battlefield Proposed Boundary Expansion”, numbered 325/80,080, and dated June 2007/March 2016. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Acquisition of Properties.—
Authority.— The Secretary of the Interior (referred to in this section as the “Secretary”) is authorized to acquire the land and interests in land described in subsection (a) from willing sellers only, by donation, purchase with donated or appropriated funds, exchange, or transfer.
Technical correction.— Section 313(a) of the National Parks and Recreation Act of 1978 (Public Law 95–625; 92 Stat. 3479) is amended by striking “ twenty-one” and inserting “ 23”.
Administration.— The Secretary shall administer any land or interests in land acquired under subsection (b) as part of the Petersburg National Battlefield in accordance with applicable laws and regulations.
Administrative Jurisdiction Transfer.—
In general.— There is transferred—
from the Secretary to the Secretary of the Army administrative jurisdiction over the approximately 1.170-acre parcel of land depicted as “Area to be transferred to Fort Lee Military Reservation” on the map described in paragraph (2); and
from the Secretary of the Army to the Secretary administrative jurisdiction over the approximately 1.171-acre parcel of land depicted as “Area to be transferred to Petersburg National Battlefield” on the map described in paragraph (2).
Map.— The parcels of land described in paragraph (1) are depicted on the map titled “Petersburg National Battlefield Proposed Transfer of Administrative Jurisdiction”, numbered 325/80,801A, dated May 2011/March 2016. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Conditions of transfer.— The transfer of administrative jurisdiction under paragraph (1) is subject to the following conditions:
No reimbursement or consideration.— The transfer shall be without reimbursement or consideration.
Management.—
Land transferred to the secretary of the army.— The land transferred to the Secretary of the Army under paragraph (1)(A) shall be excluded from the boundary of the Petersburg National Battlefield.
Land transferred to the secretary.— The land transferred to the Secretary under paragraph (1)(B)—
shall be included within the boundary of the Petersburg National Battlefield; and
shall be administered as part of Petersburg National Battlefield in accordance with applicable laws and regulations.
Subtitle E Designations and Other Matters
SEC. 2841. Designation of Portion of Moffett Federal Airfield, California, as Moffett Air National Guard Base.
Designation.— The 111-acre cantonment area at Moffett Federal Airfield, California, utilized by the 129th Rescue Wing of the California Air National Guard shall be known and designated as “Moffett Air National Guard Base”.
References.— Any reference in any law, regulation, map, document, paper, or other record of the United States to the cantonment area at Moffett Federal Airfield described in subsection (a) shall be considered to be a reference to Moffett Air National Guard Base.
SEC. 2842. Redesignation of Mike O’callaghan Federal Medical Center.
Section 2867 of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 2806), as amended by section 8135(a) of the Department of Defense Appropriations Act, 1997 (section 101(b) of division A of the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104–208; 110 Stat. 3009–118)), and as amended by section 2862 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1701), is further amended—
by striking “ Mike O’Callaghan Federal Medical Center” each place it appears and inserting “ Mike O’Callaghan Military Medical Center”; and
in the heading, by striking “ mike o’callaghan” and all that follows and inserting “ mike o’callaghan military medical center.”.
SEC. 2843. Replenishment of Sierra Vista Subwatershed Regional Aquifer, Arizona.
The Secretary of the Army or the Secretary of the Interior may enter into agreements with the Cochise Conservation Recharge Network, Arizona, in support of water conservation, recharge, and reuse efforts for the regional aquifer identified under section 321(g) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1439).
SEC. 2844. Limited Exceptions to Restriction on Development of Public Infrastructure in Connection with Realignment of Marine Corps Forces in Asia-Pacific Region.
Revision.— Notwithstanding section 2821(b) of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3701), the Secretary of Defense may proceed with a public infrastructure project on Guam which is described in subsection (b) if—
the project was identified in the report prepared by the Secretary of Defense under section 2822(d)(2) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1017); and
amounts have been appropriated or made available to be expended by the Department of Defense for the project.
Projects Described.— A project described in this subsection is any of the following:
A project intended to improve water and wastewater systems.
A project intended to improve curation of archeological and cultural artifacts.
Repeal of Superseded Law.— Section 2821 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1177) is repealed.
SEC. 2845. Duration of Withdrawal and Reservation of Public Land, Naval Air Weapons Station China Lake, California.
Section 2979 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1047) is amended by striking “ March 31, 2039” and inserting “ March 31, 2064”.
TITLE XXIX Overseas Contingency Operations Military Construction
SEC. 2901. 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:
| Country | Installation | Amount |
|---|---|---|
| Djibouti | Camp Lemonier | $37,409,000 |
| Iceland | Keflavik | $19,600,000 |
SEC. 2902. 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:
| Country | Installation | Amount |
|---|---|---|
| Bulgaria | Graf Ignatievo | $13,400,000 |
| Djibouti | Chabelley Airfield | $10,500,000 |
| Estonia | Amari Air Base | $6,500,000 |
| Germany | Spangdahlem Air Base | $18,700,000 |
| Lithuania | Siauliai | $3,000,000 |
| Poland | Powidz Air Base | $4,100,000 |
| Lask Air Base | $4,100,000 | |
| Romania | Campia Turzii | $18,500,000 |
SEC. 2903. Authorization of Appropriations.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2016, for the military construction projects outside the United States authorized by this title as specified in the funding table in section 4602 and 4603.
TITLE XXX Utah Test and Training Range and Related Matters
Subtitle A Authorization for Temporary Closure of Certain Public Land Adjacent to the Utah Test and Training Range
SEC. 3001. Definitions.
In this subtitle:
BLM land.— The term “BLM land” means certain public land administered by the Bureau of Land Management in the State comprising approximately 703,621 acres, as generally depicted on the map entitled “Utah Test and Training Range Enhancement/West Desert Land Exchange” and dated July 21, 2016.
Secretary.— The term “Secretary” means the Secretary of the Interior.
State.— The term “State” means the State of Utah.
Utah test and training range.— The term “Utah Test and Training Range” means the portions of the military land and airspace operating area of the Utah Test and Training Area that are located in the State, including the Dugway Proving Ground.
SEC. 3002. Memorandum of Agreement.
Memorandum of Agreement.—
In general.— Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Air Force shall enter into a memorandum of agreement to authorize the Secretary of the Air Force, in consultation with the Secretary, to impose limited closures of the BLM land for military operations and national security and public safety purposes, as provided in this subtitle.
Draft.—
In general.— Not later than 180 days after the date of enactment of this Act, the Secretary and the Secretary of the Air Force shall complete a draft of the memorandum of agreement required under paragraph (1).
Public comment period.— During the 30-day period beginning on the date on which the draft memorandum of agreement is completed under subparagraph (A), there shall be an opportunity for public comment on the draft memorandum of agreement, including an opportunity for the Utah Test and Training Range Community Resource Advisory Group established under section 3005 to provide comments on the draft memorandum of agreement.
Management by secretary.— The memorandum of agreement entered into under paragraph (1) shall provide that the Secretary shall continue to manage the BLM land in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and applicable land use plans, while allowing for the temporary closure of the BLM land in accordance with this subtitle.
Permits and rights-of-way.—
In general.— The Secretary shall consult with the Secretary of the Air Force regarding Utah Test and Training Range mission requirements before issuing new use permits or rights-of-way on the BLM land.
Framework.— The Secretary and the Secretary of the Air Force shall establish within the memorandum of agreement entered into under paragraph (1) a framework agreed to by the Secretary and the Secretary of the Air Force for resolving any disagreement on the issuance of permits or rights-of-way on the BLM land.
Termination.—
In general.— The memorandum of agreement entered into under paragraph (1) shall be for a term to be determined by the Secretary and the Secretary of the Air Force, not to exceed 25 years.
Early termination.— The memorandum of agreement may be terminated before the date determined under subparagraph (A) if the Secretary of the Air Force determines that the temporary closure of the BLM land is no longer necessary to fulfill Utah Test and Training Range mission requirements.
Map.— The Secretary may correct any minor errors in the map described in section 3001(1).
Land Safety.— If decontamination of the BLM land is necessary due to an action of the Air Force, the Secretary of the Air Force shall—
render the BLM land safe for public use; and
appropriately communicate the safety of the land to the Secretary on the date on which the BLM land is rendered safe for public use under paragraph (1).
Consultation.— The Secretary shall consult with any federally recognized Indian tribe in the vicinity of the BLM land before entering into any agreement under this subtitle.
Grazing.—
Effect.— Nothing in this subtitle affects the management of grazing on the BLM land.
Continuation of grazing management.— The Secretary shall continue grazing management on the BLM land pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and applicable resource management plans.
Memorandum of Understanding on Emergency Access and Response.— Nothing in this section precludes the continuation of the memorandum of understanding between the Department of the Interior and the Department of the Air Force with respect to emergency access and response, as in existence on the date of enactment of this Act.
Withdrawal.— Subject to valid existing rights, the BLM land 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.
SEC. 3003. Temporary Closures.
In General.— If the Secretary of the Air Force determines that military operations (including operations relating to the fulfillment of the mission of the Utah Test and Training Range), public safety, or national security require the temporary closure to public use of any road, trail, or other portion of the BLM land, the Secretary of the Air Force may take such action as the Secretary of the Air Force, in consultation with the Secretary, determines necessary to carry out the temporary closure.
Limitations.— Any temporary closure under subsection (a)—
shall be limited to the minimum areas and periods that the Secretary of the Air Force determines are required to carry out a closure under this section;
shall not occur on a State or Federal holiday, unless notice is provided in accordance with subsection (c)(1)(B);
shall not occur on a Friday, Saturday, or Sunday, unless notice is provided in accordance with subsection (c)(1)(B); and
if practicable, shall be for not longer than a 3-hour period per day;
shall only be for longer than a 3-hour period per day—
for mission essential reasons; and
as infrequently as practicable and in no case for more than 10 days per year; and
shall in no case be for longer than a 6-hour period per day.
Notice.—
In general.— Except as provided in paragraph (2), the Secretary of the Air Force shall—
keep appropriate warning notices posted before and during any temporary closure; and
provide notice to the Secretary, public, and relevant stakeholders concerning the temporary closure—
at least 30 days before the date on which the temporary closure goes into effect;
in the case of a closure during the period beginning on March 1 and ending on May 31, at least 60 days before the date on which the closure goes into effect; or
in the case of a closure described in paragraph (3) or (4) of subsection (b), at least 90 days before the date on which the closure goes into effect.
Special notification procedures.— In each case for which a mission-unique security requirement does not allow for the notifications described in paragraph (1)(B), the Secretary of the Air Force shall work with the Secretary to achieve a mutually agreeable timeline for notification.
Maximum Annual Closures.— The total cumulative hours of temporary closures authorized under this section with respect to the BLM land shall not exceed 100 hours annually.
Prohibition on Certain Temporary Closures.— The northernmost area identified as “Newfoundland’s” on the map described in section 3001(1) shall not be subject to any temporary closure between August 21 and February 28, in accordance with the lawful hunting seasons of the State of Utah.
Emergency Ground Response.— A temporary closure of a portion of the BLM land shall not affect the conduct of emergency response activities on the BLM land during the temporary closure.
Livestock.— Livestock authorized by a Federal grazing permit shall be allowed to remain on the BLM land during a temporary closure of the BLM land under this section.
Law Enforcement and Security.— The Secretary and the Secretary of the Air Force may enter into cooperative agreements with State and local law enforcement officials with respect to lawful procedures and protocols to be used in promoting public safety and operation security on or near the BLM land during noticed test and training periods.
SEC. 3004. Liability.
The United States (including all departments, agencies, officers, and employees of the United States) shall be held harmless and shall not be liable for any injury or damage to any individual or property suffered in the course of any mining, mineral, or geothermal activity, or any other authorized nondefense-related activity, conducted on the BLM land.
SEC. 3005. Community Resource Advisory Group.
Establishment.— Not later than 90 days after the date of enactment of this Act, there shall be established the Utah Test and Training Range Community Resource Advisory Group (referred to in this section as the “Community Group”) to provide regular and continuing input to the Secretary and the Secretary of the Air Force on matters involving public access to, use of, and overall management of the BLM land.
Membership.—
In general.— The Secretary shall appoint members to the Community Group, including—
1 representative of Indian tribes in the vicinity of the BLM land, to be nominated by a majority vote conducted among the Indian tribes in the vicinity of the BLM land;
not more than 1 county commissioner from each of Box Elder, Tooele, and Juab Counties, Utah;
2 representatives of off-road and highway use, hunting, or other recreational users of the BLM land;
2 representatives of livestock permittees on public land located within the BLM land;
1 representative of the Utah Department of Agriculture and Food; and
not more than 3 representatives of State or Federal offices or agencies, or private groups or individuals, if the Secretary determines that such representatives would further the goals and objectives of the Community Group.
Chairperson.— The members described in paragraph (1) shall elect from among the members of the Community Group—
1 member to serve as Chairperson of the Community Group; and
1 member to serve as Vice-Chairperson of the Community Group.
Air force personnel.— The Secretary of the Air Force shall appoint appropriate operational and land management personnel of the Air Force to serve as a liaison to the Community Group.
Conditions and Terms of Appointment.—
In general.— Each member of the Community Group shall serve voluntarily and without compensation.
Term of appointment.—
In general.— Each member of the Community Group shall be appointed for a term of 4 years.
Original members.— Notwithstanding subparagraph (A), the Secretary shall select ½ of the original members of the Community Group to serve for a term of 4 years and the other ½ of the original members of the Community Group to serve for a term of 2 years, to ensure the replacement of members shall be staggered from year to year.
Reappointment and replacement.— The Secretary may reappoint or replace a member of the Community Group appointed under subsection (b)(1), if—
the term of the member has expired;
the member has resigned; or
the position held by the member described in subparagraph (A) through (F) of paragraph (1) has changed to the extent that the ability of the member to represent the group or entity that the member represents has been significantly affected.
Meetings.—
In general.— The Community Group shall meet not less than once per year, and at such other frequencies as determined by 5 or more of the members of the Community Group.
Responsibilities of community group.— The Community Group shall be responsible for determining appropriate schedules for, details of, and actions for meetings of the Community Group.
Notice.— The Chairperson shall provide notice to each member of the Community Group not less than 10 business days before the date of a scheduled meeting.
Exempt from federal advisory committee act.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to meetings of the Community Group.
Recommendations of Community Group.— The Secretary and Secretary of the Air Force, consistent with existing laws (including regulations), shall take under consideration recommendations from the Community Group.
Termination of Authority.—
In general.— The Community Group shall terminate on the date that is seven years after the date of enactment of this Act.
Early termination.— The Secretary and the Community Group, acting jointly, may elect to terminate the Community Group before the date provided in subsection (a).
SEC. 3006. Savings Clauses.
Effect on Weapon Impact Area.— Nothing in this subtitle expands the boundaries of the weapon impact area of the Utah Test and Training Range.
Effect on Special Use Airspace and Training Routes.— Nothing in this subtitle precludes—
the designation of new units of special use airspace; or
the expansion of existing units of special use airspace.
Effect on Existing Military Special Use Airspace Agreement.— Nothing in this subtitle limits or alters the Military Operating Areas of Airspace Use Agreement between the Federal Aviation Administration and the Air Force in effect on the date of enactment of this Act.
Effect on Existing Rights and Agreements.— Except as otherwise provided in section 3003, nothing in this subtitle limits or alters any existing right or right of access to—
the Knolls Special Recreation Management Area; or
the Bureau of Land Management Community Pits Central Grayback and South Grayback; and
any other county or community pit located within close proximity to the BLM land.
Interstate 80.— Nothing in this subtitle authorizes any additional authority or right to the Secretary or the Secretary of the Air Force to temporarily close Interstate 80.
Effect on Limitation on Amendments to Certain Individual Resource Management Plans.— Nothing in this subtitle affects the limitation established under section 2815(d) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 852).
Effect on Previous Memorandum of Understanding.— Nothing in this subtitle affects the memorandum of understanding entered into by the Air Force, the Bureau of Land Management, the Utah Department of Natural Resources, and the Utah Division of Wildlife Resources relating to the reestablishment of bighorn sheep in the Newfoundland Mountains and signed by the parties to the memorandum of understanding during the period beginning on January 24, 2000, and ending on February 4, 2000.
Effect on Federally Recognized Indian Tribes.— Nothing in this subtitle alters any right reserved by treaty or Federal law for a Federally recognized Indian tribe for tribal use.
Payments in Lieu of Taxes.— Nothing in this subtitle diminishes, enhances, or otherwise affects any other right or entitlement of the counties in which the BLM land is situated to payments in lieu of taxes based on the BLM land, under section 6901 of title 31, United States Code.
Wildlife Improvements.— The Secretary and the Utah Division of Wildlife Resources shall continue the management of wildlife improvements, including guzzlers, in existence as of the date of enactment of this Act on the BLM land.
Subtitle B Bureau of Land Management Land Exchange With State of Utah
SEC. 3011. Definitions.
In this subtitle:
Exchange map.— The term “Exchange Map” means the map prepared by the Bureau of Land Management entitled “Utah Test and Training Range Enhancement/West Desert Land Exchange” and dated Jule 21, 2016.
Federal land.— The term “Federal land” means the Bureau of Land Management land located in Box Elder, Millard, Juab, Tooele, and Beaver Counties, Utah, that is identified on the Exchange Map as “BLM Lands Proposed for Transfer to State Trust Lands”.
Non-federal land.— The term “non-Federal land” means the land owned by the State in Box Elder, Tooele, and Juab Counties, Utah, that is identified on the Exchange Map as—
“State Trust Land Proposed for Transfer to BLM”; and
“State Trust Minerals Proposed for Transfer to BLM”.
Secretary.— The term “Secretary” means the Secretary of the Interior.
State.— The term “State” means the State of Utah, acting through the School and Institutional Trust Lands Administration.
SEC. 3012. Exchange of Federal Land and Non-Federal Land.
In General.— If the State offers to convey to the United States title to the non-Federal land, the Secretary shall—
accept the offer; and
on receipt of all right, title, and interest in and to the non-Federal land, convey to the State (or a designee) all right, title, and interest of the United States in and to the Federal land.
Applicable Law.—
In general.— The land exchange shall be subject to section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) and other applicable law.
Effect of study.— The Secretary shall carry out the land exchange under this subtitle notwithstanding section 2815(d) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 852).
Land use planning.— The Secretary shall not be required to undertake any additional land use planning under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) before the conveyance of the Federal land under this subtitle.
Valid Existing Rights.— The exchange authorized under subsection (a) shall be subject to valid existing rights.
Title Approval.— Title to the Federal land and non-Federal land to be exchanged under this subtitle shall be in a format acceptable to the Secretary and the State.
Appraisals.—
In general.— The value of the Federal land and the non-Federal land to be exchanged under this subtitle shall be determined by appraisals conducted by 1 or more independent and qualified appraisers.
State appraiser.— The Secretary and the State may agree to use an independent and qualified appraiser retained by the State, with the consent of the Secretary.
Applicable law.— The appraisals under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.
Minerals.—
Mineral reports.— The appraisals under paragraph (1) may take into account mineral and technical reports provided by the Secretary and the State in the evaluation of minerals in the Federal land and non-Federal land.
Mining claims.— Federal land that is encumbered by a mining or millsite claim located under sections 2318 through 2352 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 21 et seq.) shall be appraised in accordance with standard appraisal practices, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisition.
Validity examination.— Nothing in this subtitle requires the Secretary to conduct a mineral examination for any mining claim on the Federal land.
Approval.— An appraisal conducted under paragraph (1) shall be submitted to the Secretary and the State for approval.
Duration.— An appraisal conducted under paragraph (1) shall remain valid for 3 years after the date on which the appraisal is approved by the Secretary and the State.
Cost of appraisal.—
In general.— The cost of an appraisal conducted under paragraph (1) shall be paid equally by the Secretary and the State.
Reimbursement by secretary.— If the State retains an appraiser in accordance with paragraph (2), the Secretary shall reimburse the State in an amount equal to 50 percent of the costs incurred by the State.
Conveyance of Title.— It is the intent of Congress that the land exchange authorized under this subtitle shall be completed not later than 1 year after the date of final approval by the Secretary and the State of the appraisals conducted under subsection (e).
Public Inspection and Notice.—
Public inspection.— At least 30 days before the date of conveyance of the Federal land and non-Federal land, all final appraisals and appraisal reviews for the Federal land and non-Federal land to be exchanged under this subtitle shall be available for public review at the office of the State Director of the Bureau of Land Management in the State.
Notice.— The Secretary or the State, as applicable, shall publish in a newspaper of general circulation in Salt Lake County, Utah, a notice that the appraisals conducted under subsection (e) are available for public inspection.
Consultation With Indian Tribes.— The Secretary shall consult with any federally recognized Indian tribe in the vicinity of the Federal land and non-Federal land to be exchanged under this subtitle before the completion of the land exchange.
Equal Value Exchange.—
In general.— The value of the Federal land and non-Federal land to be exchanged under this subtitle—
shall be equal; or
shall be made equal in accordance with paragraph (2).
Equalization.—
Surplus of federal land.—
In general.— If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized by the State conveying to the Secretary, as necessary to equalize the value of the Federal land and non-Federal land—
State trust land parcel 1, as described in the assessment entitled “Bureau of Land Management Environmental Assessment UT–100–06–EA”, numbered UTU–82090, and dated March 2008; or
State trust land located within any of the wilderness areas or national conservation areas in Washington County, Utah, established under subtitle O of title I of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1075).
Order of conveyances.— Any non-Federal land required to be conveyed to the Secretary under clause (i) shall be conveyed until the value of the Federal land and non-Federal land is equalized.
Surplus of non-federal land.— If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and the non-Federal land shall be equalized—
by the Secretary making a cash equalization payment to the State, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or
by removing non-Federal land from the exchange.
Grazing Permits.—
In general.— If the Federal land or non-Federal land exchanged under this subtitle is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of acquisition, the Secretary and the State shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements.
Renewal.— To the extent allowed by Federal or State law, on expiration of any grazing lease, permit, or contract described in paragraph (1), the holder of the lease, permit, or contract shall be entitled to a preference right to renew the lease, permit, or contract.
Cancellation.—
In general.— Nothing in this subtitle prevents the Secretary or the State from canceling or modifying a grazing permit, lease, or contract if the Federal land or non-Federal land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for non-grazing purposes by the Secretary or the State.
Limitation.— Except to the extent reasonably necessary to accommodate surface operations in support of mineral development, the Secretary or the State shall not cancel or modify a grazing permit, lease, or contract because the land subject to the permit, lease, or contract has been leased for mineral development.
Base properties.— If non-Federal land conveyed by the State under this subtitle is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for—
the remaining term of the lease or permit; and
the term of any renewal or extension of the lease or permit.
Withdrawal of Federal Land From Mineral Entry Prior To Exchange.— Subject to valid existing rights, the Federal land to be conveyed to the State under this subtitle is withdrawn from mineral location, entry, and patent under the mining laws pending conveyance of the Federal land to the State.
SEC. 3013. Status and Management of Non-Federal Land Acquired by the United States.
In General.— On conveyance to the United States under this subtitle, the non-Federal land shall be managed by the Secretary in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and applicable land use plans.
Non-federal Land Within Cedar Mountains Wilderness.— On conveyance to the Secretary under this subtitle, the non-Federal land located within the Cedar Mountains Wilderness shall, in accordance with section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 1716(c)), be added to, and administered as part of, the Cedar Mountains Wilderness.
Non-federal Land Within Wilderness Areas or National Conservation Areas.— On conveyance to the Secretary under this subtitle, non-Federal land located in a national wilderness area or national conservation area shall be managed in accordance with the applicable provisions of subtitle O of title I of the Omnibus Public Land Management Act of 2009 (Public Law 111–11).
SEC. 3014. Hazardous Substances.
Costs.— Except as provided in subsection (b), the costs of remedial actions relating to hazardous substances on land acquired under this subtitle shall be paid by those entities responsible for the costs under applicable law.
Remediation of Prior Testing and Training Activity.— The Secretary of the Air Force shall bear all costs of remediation required as a result of the previous testing of military weapons systems and the training of military forces on non-Federal land to be conveyed to the United States under this subtitle.