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Page:United States Statutes at Large Volume 123.djvu/2690

 123STA T . 2 670PUBLIC LA W 111 –84—O CT. 28 , 200 9(b)REPORT O NI NTEN D ED US E S PE CIALPU RPOSE E NTITIES .— ( 1 ) REPORT RE Q UIRED.— Notla t er t h a n 1 80d a ys a f ter the date of the ena c t m ent of th i s A ct , the Secretary of D efense shall s u bmit to the con g ressional defense committees a re p ort describing the intended use of special purpose entities to pro -v ide military family housing or utilities to support the realign- ment of military installations and the relocation of military personnel on G uam. ( 2 ) NOTICE AND W AIT.— T he Secretary of Defense may not authori z e the use of special use entities as described in para- graph (1) until the end of the 3 0-day period (1 5 -day period if the report is submitted electronically) beginning on the date on w hich the report re q uired by such paragraph is submitted. (c) APPLICA B ILIT Y O F UNIFIED F ACILITIES C RITERIA.— (1) APPLICABILITY TO SECTION 2350K CONTRIBUTIONS.—Sec- tion 282 4 (c)(4) of the M ilitary Construction Authorization Act for Fiscal Y ear 200 9 (division B of Public L aw 110 – 41 7; 10 U.S.C. 2 6 87 note) is amended by adding at the end the following new subparagraph

‘(D) APPLICABILITY OF UNIFIED FACILITIES CRITERIA.— The unified facilities criteria promulgated by the Under Secretary of Defense for Acquisition, Technology, and Logis- tics and dated May 29, 2002, and any successor to such criteria shall be the minimum standard applicable to pro j ects funded using contributions referred to in sub- section (b)(1) for a transaction authorized by paragraph (1). ’ ’. (2) APPLICABILITY TO SPECIAL PURPOSE ENTITY CONTRIBU- TIONS.—The unified facilities criteria promulgated by the Under Secretary of Defense for Acquisition, Technology, and Logistics and dated May 29, 2002, and any successor to such criteria shall be the minimum standard applicable to projects funded using contributions provided by a special purpose entity. (3) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing an evaluation of various options, including a preferred option, that the Secretary could utilize to comply with the unified facilities criteria referred to in paragraph (2) in the acquisition of military housing on Guam in connection with the realignment of military installations and the relocation of military personnel on Guam. In preparing the report, the Secretary shall consider the impact of— (A) increasing the overseas housing allowance for mem- bers of the Armed Forces serving on Guam; and (B) providing a direct Federal subsidy to public-private ventures. (d) SENSE OF CON G RESS ON SCOPE OF UTILITY INFRASTRUCTURE I M PRO V EMENTS.—Section 2821 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4729) is amended— (1) by redesignating subsection (c) as subsection (b); and (2) in such subsection, by stri k ing ‘‘should incorporate the civilian and military infrastructure into a single grid to realize and ma x imize the effectiveness of the overall utility system’’ and inserting ‘‘should support proposed utility infrastructure Timep e r i od.


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Page:United States Statutes at Large Volume 123.djvu/2691

 123STA T . 2 67 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9improve me nts on Gua mt h at in c orporate the civi l ian an d mili - tar y in f rastructure into a sin g le grid to reali z eandma x imize the effectiveness of the overall utility system , rather than simply supporting one or more military installations ’ ’ .SEC.283 3. WORKF ORCE I SS U ES RE LAT E D TO M ILITAR Y CO N STRUC - TION AND CERTAIN OT H ER TRANSACTIONS ON G UAM. ( a )PREVAIL I NGW AGE R E QU IRE M EN TS . —S u b section (c) of section 28 2 4 of the M ilitary C onstruction A uthorization Act for F iscal Y ear 2 0 0 9 (division B of Public L a w1 10 – 41 7; 10 U .S.C. 2 6 87 note) is amended by adding at the end the following new paragraph

‘( 5 )A P PLI C ATI O NO F PREVAILING W AGE REQUIREMENTS.— ‘‘(A) I N GENERAL.— T he re q uirements of subchapter I V of chapter 3 1 of title 40, United States Code, shall apply to any military construction pro j ect or other transaction authorized by paragraph (1) that is carried out on Guam using contributions referred to in subsection (b)(1) or appro- priated funds. ‘‘(B) SECRETAR Y OF LA B OR AUT H ORITIES.—In order to carry out the requirements of subparagraph (A) and para- graph (6) (relating to composition of wor k force for construc- tion projects), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan N umber 14 of 1950 and section 3145 of title 40, United States Code. ‘‘(C) WAGE RATE D ETERMINATION.—In making wage rate determinations pursuant to subparagraph (A), the Sec- retary of Labor shall not include in the wage survey any persons who hold a visa described in section 101(a)(15)( H )(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). ‘‘( D ) ADDITION TO WEE K LY STATEMENT ON THE WAGES PAID.—In the case of projects and other transactions cov- ered by subparagraph (A), the weekly statement required by section 3145 of title 40, United States Code, shall also identify each employee working on the project or trans- action who holds a visa described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). ‘‘( E ) DURATION OF REQUIREMENTS.—The Secretary of Labor shall make and issue a wage rate determination for Guam annually until 90 percent of the funds in the Account and other funds made available for the realign- ment of military installations and the relocation of military personnel on Guam have been expended.’’. (b) REPORTING REQUIREMENTS REGARDING SUPPORT OF CONSTRUCTION WORKFORCE.—Subsection (e) of such section is amended— (1) by striking ‘‘Not later than’’ and inserting the following: ‘‘(1) MILITARY CONSTRUCTION INFORMATION.—Not later than’’; and (2) by adding at the end the following new paragraph: ‘‘(2) CONSTRUCTION WORKFORCE INFORMATION.—The annual report shall also include an assessment of the living standards of the construction workforce employed to carry out military construction projects covered by the report, including, at a Det e rmina ti o n . Dea dl ine.

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Page:United States Statutes at Large Volume 123.djvu/2692

 123STA T . 2 67 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9min im u m ,thead e q ua cyof cont r act s tandards and infrastruc - ture that su p port temporary housin g the construction w or k force and their medica l needs .’ ’. SEC.2834 . C OMP OS IT IO N O FW O RK FORCE FOR CONSTR U CTION PRO J ECTS FUN D EDT H ROU G H THE SUPPORT FOR UNITED ST A TES RE L OCATION TO GUAM ACCOUNT. ( a )COMP O SIT IO N O FW O RK FOR CE . —S ection 28 2 4 (c) of the M ili- tary Construction A uthori z ation Act for F iscal Y ear 2 0 0 9 (di v ision B of P u b lic L aw 1 10 – 41 7; 10 U .S.C. 2 6 87 note) is amended by inserting after paragraph ( 5 ), as added by section 28 3 3, the fol- lowing new paragraph

‘(6) COMPOSITION OF W ORKFORCE FOR CONSTR U CTION PRO J ECTS.— ‘‘(A) LIMIT A TION.—With respect to each construction pro j ect that is carried out using amounts described in subparagraph (B), no work may be performed by a person holding a visa described in section 101(a)(15)( H )(ii)(b) of the I mmigration and N ationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) unless— ‘‘(i) the application for that visa has been approved pursuant to the issuance of a temporary labor certifi- cation by the G overnor of Guam as provided under section 214.2 of title 8, Code of Federal R egulations; and ‘‘(ii) the Governor of Guam, in consultation with the Secretary of Labor, makes the certification described in subparagraph (C) to the Secretary of D efense. ‘‘(B) SOURCE OF FUN D S.—Subparagraph (A) applies to— ‘‘(i) amounts in the Account used for projects asso- ciated with the realignment of military installations and the relocation of military personnel on Guam; ‘‘(ii) funds associated with activities under section 2821 of this Act; and ‘‘(iii) funds for authorized military construction projects. ‘‘(C) CERTIFICATION.— T he certification referred to in subparagraph (A) is a certification, in addition to the certifi- cations required by section 214.2 of title 8, Code of Federal Regulations, that— ‘‘(i) there are not sufficient United States workers who are able, willing, qualified, and available at the time of application for a visa and admission to the United States and at the place where the persons holding visas described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) are to perform such skilled or unskilled labor; and ‘‘(ii) the employment of such persons holding visas described in section 101(a)(15)(H)(ii)(b) of the Immigra- tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) will not adversely affect the wages and working condi- tions of workers in Guam similarly employed. ‘‘(D) SO L ICITATION OF WORKERS.—In order to ensure compliance with subparagraph (A), as a condition of a contract covered by such subparagraph, the contractor shall Contrac t s.Re cr ui t m ent pl an. A pplica b ilit y . Certi f ication.


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Page:United States Statutes at Large Volume 123.djvu/2693

 123STA T . 2 67 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9ber e qui re dtoa d v erti s ea n dso l i c it f or construction w or k ers int h e U nited S tates , includin gG ua m , the C ommonwealth of the N orthern M ariana I slands, A merican Samoa, the V irgin Islands, and the Commonwealth of P uerto R ico, in accordance with a recruitment p lan approved b y the Secretary of L abor .T he contractor shall submit a copy of the employment offer, including a description of wages and other terms and conditions of employment, to the Secretary of Labor at least 60 days before the start date of the workers under a contract. The contractor shall authori z e the Secretary of Labor to post a notice of the employment offer on a website, with State, territorial, and local j ob banks, with State and territorial workforce agen - cies, and with any other referral and recruitment sources the Secretary of Labor determines may be pertinent to the employment opportunity. ‘ ‘ (E) R ECRUITM E N T P ERI OD . — The Secretary of Labor shall ensure that a contractor ’ s recruitment of construction workers complies with the recruitment plan required by subparagraph ( D ) for a period beginning 60 days before the start date of workers under a contract and continuing for the ne x t 28 days. During the recruitment period, the contractor shall interview all qualified and available United States construction workers who have applied for the employment opportunity, and, at the close of the recruit- ment period, the contractor shall provide the Secretary of Labor with a recruitment report providing any reasons for which the contractor did not hire an applicant who is a qualified United States construction worker. Not later than 2 1 days before the start date of the workers under a contract, the Secretary of Labor shall certify to the Gov- ernor of Guam whether the contractor has satisfied the recruitment plan created under subparagraph (D). ‘‘( F ) LIMIT A TION.—An employer, its attorney or agent, the Secretary of Labor, the Governor of Guam, and any designee thereof, may not seek or receive payment of any kind from any worker for any activity related to obtaining an H -2 B labor certification with respect to any construction project that is carried out using amounts described in subparagraph (B).’’. (b) REPORTIN G RE Q UIREMENT S .— (1) SECRETAR Y O F DEFENSE.—Not later than J une 3 0, 2010, the Secretary of Defense shall submit to the congressional committees specified in paragraph (3) a report containing an assessment of efforts to establish a Project Labor Agreement for construction projects associated with the Guam realignment as encouraged by Executive O rder 13 5 02, entitled ‘‘Use of Project Labor Agreements for Federal Construction Projects’’ ( 74 Fed. Reg. 6 9 85), as a means of complying with the require- ments of paragraph (6) of section 2824(c) of the Military Construction Authorization Act for Fiscal Y ear 2009, as added by subsection (a). (2) SECRETARY OF L A B OR.—Not later than June 30, 2010, the Secretary of Labor shall submit to the congressional committees specified in paragraph (3) a report containing an assessment of— Deadlin e .R e ports . C ontra c ts. Deadline. Certi f ication. Deadline. Reports. Contracts. N otice. W e b postin g . Deter m ination. Records. Deadline.


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Page:United States Statutes at Large Volume 123.djvu/2694

 123STA T . 2 674PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(A)theop po r t uni tie s toe x p a n d the re c ruit m ent o f construction w or k ers in the U nited S tates , inc l udin gG uam, the C ommonwealth of the N orthern M ariana I slands, American Samoa, the V irgin Islands, and the Common - wealth of P uerto R ico, to support the realignment of mili- tar y installations and the relocation of military personnel on Guam, consistent with the re q uirements of paragraph ( 6 ) of section 28 2 4 (c) of the Military Construction Authori z ation Act for F iscal Y ear 2 0 0 9, as added b y sub- section (a) ( B ) the ability of labor markets to support the Guam realignment; (C) the sufficiency of efforts to recruit United States construction workers; and ( D ) T he costs to the United States for recruitment plans required by such paragraph (6) and a proposed method to co v er such costs . ( 3 )C OVER E DC O NG RE S S I ON AL CO M MI T TEES. — The reports required by this subsection shall be submitted to the congres- sional defense committees, the Committee on E ducation and L abor of the H ouse of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate. SEC.2835 . INT E RAG ENC Y C O OR D INATION GRO UP O F INSPECTORS GENERA L FOR GUA M REALIGNMENT. (a) INTERAGENC Y COORDINATION GRO UP .—There is hereby established the Interagency Coordination Group of Inspectors Gen- eral for Guam Realignment (in this section referred to as the ‘ ‘Interagency Coordination Group ’ ’)— ( 1 ) to provide for the ob j ective conduct and supervision of audits and investigations relating to the programs and oper- ations funded with amounts appropriated or otherwise made available for military construction on Guam in connection with the realignment of military installations and the relocation of military personnel on Guam; and (2) to provide for coordination of, and recommendations on, policies designed— (A) to promote economic efficiency and effectiveness in the administration of the programs and operations described in paragraph (1); and (B) to prevent and detect waste, fraud, and abuse in such programs and operations. (b) MEM B ERS H IP.— (1) CHAIRPERSON.—The Inspector General of the Depart- ment of Defense shall serve as chairperson of the Interagency Coordination Group. (2) ADDITIONAL MEMBERS.—Additional members of the Interagency Coordination Group shall include the Inspector General of the Department of Interior and the Inspector Gen- eral of such other Federal agencies as the chairperson considers appropriate to carry out the duties of the Interagency Coordina- tion Group. (c) DUTIES.— (1) O VERSIGHT O F GUAM CONSTRUCTION.—It shall be the duty of the Interagency Coordination Group to conduct, super- vise, and coordinate audits and investigations of the treatment, Establi s hmen t .10USC2687 n o te.


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Page:United States Statutes at Large Volume 123.djvu/2695

 123STA T . 2 675PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9handli n g, and exp endi tur e of a m ount s appropriated or other -w ise made a v aila b le for militar yc onstruction on G uam and of the programs, operations, and contracts carried out utili z ing such funds, including —(A) the oversight and accounting of the obligation and expenditure of such funds ( B ) the monitoring and review of construction activities funded by such funds; ( C ) the monitoring and review of contracts funded by such funds; ( D ) the monitoring and review of the transfer of such funds and associated information between and among departments, agencies, and entities of the U nited S tates and private and nongovernmental entities; ( E ) the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such fund; and ( F ) the monitoring and review of the implementation of the Defense P osture R eview I nitiative relating to the realignment of military installations and the relocation of military personnel on Guam . ( 2 ) OTHERDU T I E S RE LA TED T O O V ERSI G HT.— T he Inter- agency Coordination Group shall establish, maintain, and over- see such systems, procedures, and controls as the Interagency Coordination Group considers appropriate to discharge the duties under paragraph ( 1 ). ( 3 ) OVERSIGHT P LA N .—The chairperson of the Interagency Coordination Group shall prepare an annual oversight plan detailing planned audits and reviews related to the Guam realignment. (d) ASSISTAN C E FRO M FEDERAL AGENCIES.— (1) PROVISION O F ASSISTANCE.—Upon re q uest of the Inter- agency Coordination Group for information or assistance from any department, agency, or other entity of the Federal Govern- ment, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Interagency Coordination Group. (2) REPORTING OF REFUSED ASSISTANCE.— W henever information or assistance requested by the Interagency Coordination Group is, in the j udgment of the chairperson of the Interagency Coordination Group, unreasonably refused or not provided, the chairperson shall report the circumstances to the Secretary of Defense and to the congressional defense committees without delay. (e) REPORTS.— (1) ANNUAL REPORTS.— N ot later than February 1 of each year, the chairperson of the Interagency Coordination Group shall submit to the congressional defense committees, the Sec- retary of Defense, and the Secretary of the Interior a report summarizing, for the preceding calendar year, the activities of the Interagency Coordination Group during such year and the activities under programs and operations funded with amounts appropriated or otherwise made available for military construction on Guam. Each report shall include, for the year covered by the report, a detailed statement of all obligations, Deadlin e .Proc ed u re s .


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Page:United States Statutes at Large Volume 123.djvu/2696

 123STA T . 2 67 6 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9exp e nditur e s,a nd re v enues ass oc iated w it h such construction, inc l udin g the f ollowing
 * (A)Ob

ligations and expenditures of appropriated funds . ( B )Apro j ect - b y -project and progra m -by-program accounting of the costs incurred to date for military construction in connection with the realignment of military installations and the relocation of military personnel on G uam, together with the estimate of the D epartment of Defense and the Department of the I nterior, as applicable, of the costs to complete each project and each program. ( C ) R evenues attributable to or consisting of funds contributed by the Government of J apan in connection with the realignment of military installations and the relocation of military personnel on Guam and any obliga- tions or expenditures of such revenues. (D) Operating expenses of agencies or entities receiving amounts appropriated or otherwise made available for mili- tary construction on Guam. ( E ) In the case of any contract, grant, agreement, or other funding mechanism described in paragraph ( 2 ) — (i) the amount of the contract, grant, agreement, or other funding mechanism (ii) a brief discussion of the scope of the contract, grant, agreement, or other funding mechanism; (iii) a discussion of how the department or agency of the U nited S tates Government involved in the con- tract, grant, agreement, or other funding mechanism identified, and solicited offers from, potential individ- uals or entities to perform the contract, grant, agree- ment, or other funding mechanism, together with a list of the potential individuals or entities that were issued solicitations for the offers; and (iv) the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. (2) C OVER E DC O NT R A CT S , G RANTS, AGREE M ENTS, AND FU ND I NG MEC H ANISMS.—A contract, grant, agreement, or other funding mechanism described in this paragraph is any major contract, grant, agreement, or other funding mechanism that— (A) is entered into by any department or agency of the United States Government with any public or private sector entity; and (B) involves the use of amounts appropriated or other- wise made available for military construction on Guam. ( 3 ) F ORM.—Each report re q uired under this subsection shall be submitted in unclassified form, but may include a classified annex if the Interagency Coordination Group considers it nec- essary. ( 4 )RU L E OF CONSTRUCTION.— N othing in this subsection shall be construed to authori z e the public disclosure of informa- tion that is— (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be pro- tected from disclosure in the interest of national defense Defin i t i o n .


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Page:United States Statutes at Large Volume 123.djvu/2697

 123STA T . 2 67 7 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9ornati ona lsecu rit y orint h e con d uct o f forei g n affairs or (C) a p art of an ongoing cri m inal in v estigation . ( 5 ) SUBMIS SI ON O FC OMM E N T S. —N ot later than 30 days after receipt of a report under paragraph ( 1 ) , the Secretary of D efense or the Secretary of the I nterior may su b mit to the congressional defense committees any comments on the matters covered by the report as the Secretary concerned con - siders appropriate. A ny comments on the matters covered by the report shall be submitted in unclassified form, but may include a classified anne x if the Secretary concerned considers it necessary. (f) P UB L ICA VA ILABILIT Y W AIVE R .— (1) PUBLIC AVAILABILITY.— T he Interagency Coordination G roup shall publish on a publically-available Internet w ebsite each report prepared under subsection (e). Any comments on the report submitted under paragraph (5) of such subsection shall also be published on such website. ( 2 ) WAIVER AUT H ORITY.—The President may waive the re q uirement under paragraph (1) with respect to availability to the public of any element in a report under subsection (e), or any comment with respect to a report, if the President determines that the waiver is j ustified for national security reasons. (3) NOTICE OF W AIVER.—The President shall publish a notice of each waiver made under this subsection in the F ederal R egister no later than the date on which a report required under subsection (e), or any comment under paragraph (5) of such subsection, is submitted to the congressional defense committees. The report and comments shall specify whether waivers under this subsection were made and with respect to which elements in the report or which comments, as appro- priate. (g) DEFINITIONS.—In this section (1) AMOUNTS A P PROPRIATE D OR OTHERWISE MADE AVAIL- ABLE.—The term ‘ ‘amounts appropriated or otherwise made available for military construction on Guam ’ ’ includes amounts derived from the Support for U nited States Relocation to Guam Account. (2) GUAM.—The term ‘‘Guam’’ includes any island in the Northern M ariana Islands. (h) TERMINATION.— (1) IN G ENERAL.—The Interagency Coordination Group shall terminate upon the expenditure of 9 0 percent of all funds appropriated or otherwise made available for Guam realign- ment. (2) FINAL REPORT.— B efore the termination of the Inter- agency Coordination Group pursuant to paragraph (1), the chairperson of the Interagency Coordination Group shall pre- pare and submit to the congressional defense committees a final report containing— (A) notice that the termination condition in paragraph (1) has occurred; and (B) a final forensic audit on programs and operations funded with amounts appropriated or otherwise made available for military construction on Guam. Terminat i o n d ate .F edera lR e g i s ter ,pub li c ation. D eadline. Determination. W eb posting. P resident. Deadline.


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Page:United States Statutes at Large Volume 123.djvu/2698

 123STA T . 2 678PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9SEC.2836 . C OMPLIAN CE W I TH NA V AL AVIATION SA F ET YR E QU IRE - MENTS AS CON D ITION ON ACCEPTANCE OF REPLACE- MENT FACILITY FOR MARINE CORPS AIR STATION , FUTENMA, O K INAWA. (a)INGE NE RAL.—TheS e cr e t ar yofD efe ns e m ay not acce p t , ora u thor iz e any other officia l of the Department of Defense to accept, a replacement facility in Ok ina w a for air operations con -d ucted at M arine C orps A ir Station, F utenma, Okinawa until the Secretary reports to the con g ressional defense committees that the replacement facility and its planned operating procedures are con- sistent with na v al aviation safety re q uirements. ( b ) EX ER CIS E OFW AI V ERA UTH ORITIES.— ( 1 ) R ULE OF CONSTRUCTION.— N othing in this section shall be construed as preventing the Secretary from e x ercising existing waiver authorities provided the Secretary first deter- mines the waiver is necessary in the interest of national defense. ( 2 )RE Q UIRE D RE P ORTIN G OF EFFORTS.—The report specified under subsection (a) shall clearly identify efforts made to miti- gate deviations from criteria in the planning and construction of the replacement facility described in such subsection. SEC. 283 7 . REPORT AND SENSE OF CON G RESS ON MARINE CORPS REQUIREMENTS IN ASIA-PACIFIC REGION. (a) REPORT REQUIRED.—Not later than 1 80 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the training and readiness requirements necessary for Marine Forces P acific, the field command of the Marine Corps within the U nited States Pacific Command. (b) CONTENTS OF REPORT.—The report required under sub- section (a) shall contain each of the following (1) A description of the units of the Marine Corps expected to be assigned or realigned on a permanent or temporary basis to Marine Forces Pacific, including the type of unit, the organizational element, the current location of the unit, and proposed location for the unit. (2) A description of the training requirements necessary to sustain the current and planned realignment of forces speci- fied in paragraph (1). ( 3 ) A description of the strategic- and tactical-lift require- ments associated with the training, operational readiness, and movement of Marine Forces Pacific, including programming information regarding the intent of the Department of Defense to eliminate deficiencies in the strategic-lift capabilities. (c) SENSE OF CONGRESS.—It is the sense of Congress that an evaluation of training and readiness requirements for Marine Forces Pacific— (1) should be conducted and completed as soon as possible (2) should include an analysis that, at a minimum, reviews the capabilities required to support the training, operational readiness, and movement of Marine Air-Ground Task Force; and (3) should not impact the implementation of the recently signed international agreement entitled ‘ ‘Agreement between the Government of the United States of America and the Government of J apan concerning the Implementation of the Det e rmina ti o n .R e p ort s .


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Page:United States Statutes at Large Volume 123.djvu/2699

 123STA T . 2 679PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Relocati o n o f t h e I II M a r ine Exp e d itionar yF orce P er s onnel and their D ependents fro mOk ina w ato Gu am ’ ’ .Subti t leD—En e rgy Se c urity SEC.2841 . ADOPTI O N O FU NIFIED ENE RGYM ONITORING AND UTI L ITY CONTROL SYSTEM SPECIFICATION FOR MILITARY CONSTRUCTION AND MILITARY FAMILY H OUSING ACTI V I - TIES. ( a )ADOPTI O N R EQU I R ED. — ( 1 )IN G ENER AL .— S u b chapter III of chapter 1 69 of title 1 0,U nited States C ode, is amended by insertin g after section 28 66 the following new section

‘ §2867.Energymo n it oring a n du ti l ity c ontrol s ystem s p eci -f ication for military construction and military family h ousing acti v ities ‘ ‘(a) ADOPTION O F DEPART M ENT -W IDE, OPEN PROTO C OL, ENERG Y MONITORING AND UTILITY CONTROL SY S TEM SPECIFICATION.—(1) T he Secretary of Defense shall adopt an open protocol energy moni- toring and utility control system specification for use throughout the Department of Defense in connection with a military construc- tion pro j ect, military family housing acti v ity, or other activity under this chapter for the purpose of monitoring and controlling, with respect to the project or activity, the items specified in paragraph (2) with the goal of establishing installation-wide energy monitoring and utility control systems. ‘‘(2) The energy monitoring and utility control system specifica- tion re q uired by paragraph (1) shall cover the following: ‘‘(A) Utilities and energy usage, including electricity, gas, steam, and water usage. ‘‘( B ) Indoor environments, including temperature and humidity levels. ‘‘(C) H eating, ventilation, and cooling components. ‘‘(D) Central plant equipment. ‘‘(E) Renewable energy generation systems. ‘‘(F) L ighting systems. ‘‘(G) Power distribution networks. ‘‘(b) E X CLUSION.—(1) The energy monitoring and utility control system specification required by subsection (a) is not required to apply to projects carried out under the authority provided in sub- chapter I V of chapter 169 of this title. ‘‘(2) The Secretary concerned may waive the application of the energy monitoring and utility control system specification required by subsection (a) with respect to a specific military construction project, military family housing activity, or other activity under this chapter if the Secretary determines that the application of the specification to the project or activity is not life cycle cost-effective. The Secretary concerned shall notify the congressional defense committees of any waiver granted under this paragraph.’’. Notif i ca tio n.W ai ver a u t h orit y . D eter m ination.


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Page:United States Statutes at Large Volume 123.djvu/2700

 123STA T . 2 680PUBLIC LA W 111 – 8 4—O CT. 28 , 200 9(2)CLERICA LA M E ND MEN T.—Thetabl e ofs e c t i o n satthe be g inning of s u bcha p te rI IIisa m en d edb y inserting after the item relating to section 2 86 6 the follo w ing new item

‘ 2867.Energymo n it oring a n du ti l ity c ontrol s ystem s p eci f ication for military con - struction and military family h ousing acti v ities. ’ ’. ( 3 ) D EADLINE FO R ADO P TION.—The S ecretary of Defense shall adopt the open protocol energy monitoring and utility control system specification re q uired by section 286 7 of title 10,U nited States Code, as added by paragraph (1), not later than 180 days after the date of the enactment of this A ct. (b) R EPORTIN G RE QU IREMENT.— N ot later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the congressional defense committees a report con - taining the following items: (1) A contract specification that will implement the open protocol energy monitoring and utility control system specifica- tion required by section 2867 of title 10, United States Code, as added by subsection (a). (2) A description of the method to ensure compliance of the Department of Defense information assurance certification and accreditation process. (3)Aplanande x pected timetable for integration of the standard with the energy monitoring and utility control sys- tems. ( 4 )Alistofthe j ustifications and authori z ations pro v ided by the Department, pursuant to F ederal Acquisition Regulation Chapter 6.3, relating to O ther Than Full and Open Competition, for energy monitoring and utility control systems during fiscal year 200 9 . SEC.284 2. D E PARTM E N T OF DEFENSE G OA L REGARD I NG U SE OF RENE W A B LE ENERG Y SOURCES TO MEET FACILITY ENERGY NEEDS. (a) FACILIT YB A S IS OF G OAL.—Subsection (e) of section 2911 of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subpara- graphs (A) and (B), respectively (2) in subparagraph (A) (as so redesignated)— (A) by stri k ing ‘ ‘electric energy ’ ’ and inserting ‘‘facility energy’’; (B) by striking ‘‘and in its activities’’; and (C) by striking ‘‘(as defined in section 203(b) of the E nergy P olicy Act of 200 5 (42 U.S.C. 15852(b)))’’; and (3) in subparagraph (B) (as so redesignated), by striking ‘‘electric energy’’ and inserting ‘‘facility energy’’. (b) DEFINITION OF RENE W A B LE ENERGY SOURCE.—Such sub- section is further amended— (1) by striking ‘‘It shall be’’ and inserting ‘‘(1) It shall be’’; and (2) by adding at the end the following new paragraph: ‘‘(2) In this subsection, the term ‘renewable energy source’ means energy generated from renewable sources, including the following: ‘‘(A) Solar. ‘‘(B) W ind. ‘‘(C) Biomass. ‘‘(D) L andfill gas. 10USC2867note.


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 123STA T . 2 68 1 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9‘ ‘ (E)Ocean,i nc lud in gt idal, w a v e, cu r rent, and t h er m al. ‘‘( F ) G e o thermal, including electricit y and heat p ump s . ‘‘(G) M unicipal solid waste. ‘‘( H ) N ew hydroelectric generation capacity achieved f rom increased efficiency or additions of new capacity at an e x isting hydroelectric pro j ect. For purposes of this su b paragraph, hydro - electric generation capacity is ‘new ’ if it was placed in service on or after J anuary 1 ,1 9 99. ‘‘( I ) T hermal energy generated by any of the preceding sources.’’. (c) CLERICA L AM E ND MEN T . — The heading of such subsection is amended by stri k ing ‘‘ELECTRICIT Y NEED S ’’ and inserting ‘‘FACILITY ENER G Y NEEDS’’. SEC.2843 . D E PARTM E N T OF DEFENSE PART I CIPATION IN PRO G RAMS FOR MANAGEMENT OF ENERG Y DEMAND OR RED U CTION OF ENERGY USAGE DURING PEA K PERIODS. (a) IN GENERAL.— S ubchapter I of chapter 1 73 of title 1 0, U nited States Code, is amended by adding at the end the following new section

‘ §291 9 .Departm e n t of Defen s e part ic ipation in pro g rams for management of energ yd emand or red u ction of energy usage during pea k periods ‘‘(a) P ARTICI P ATI O NIN D EMAND R ESPONSE OR L OAD MANAGE- MENT PROGRAMS.—The Secretary of Defense, the Secretaries of the military departments, the heads of the Defense Agencies, and the heads of other instrumentalities of the Department of Defense are authori z ed to participate in demand response programs for the management of energy demand or the reduction of energy usage during peak periods conducted by any of the following parties: ‘‘(1) An electric utility. ‘‘( 2 ) An independent system operator. ‘‘(3) A State agency. ‘‘( 4 ) A third party entity (such as a demand response aggregator or curtailment service provider) implementing demand response programs on behalf of an electric utility, independent system operator, or State agency. ‘‘(b) TREATMENT O F CERTAIN FINANCIAL INCENTI V ES.—Financial incentives received from an entity specified in subsection (a) shall be— ‘‘(1) received as a cost reduction in the utility bill for a facility or ‘‘(2) deposited into the fund established under subsection (c) for use, to the extent provided for in an appropriations Act, by the military department, Defense Agency, or instrumen- tality receiving such financial incentive for energy management initiatives. ‘‘(c) ENERGY SAVINGS FINANCIAL INCENTIVES F U ND.—There is established in the Treasury a fund to be known as the ‘Energy Savings Financial Incentives Fund’. The Fund shall consist of any amount deposited in the Fund pursuant to subsection (b)(2) and amounts appropriated or otherwise made available to the Fund by law.’’.


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 123STA T . 2 68 2 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(b)CLERICA L AM E ND MEN T.—Theta b l e ofs e c t i o n satthebe g in - ning of s u ch subcha p te r isa m en d edb y adding at the end the follo w ing new item

‘ 291 9 .Departm e n t of Defen s e part ic ipation in pro g rams for management of energ yd emand or red u ction of energy usage during pea k periods. ’ ’. SEC.284 4. D E PARTM E N T OF DEFENSE U SEOFE L ECTR I C AND HYB RID MOTOR V EHICLES. (a) P RE F ERENCE.— S ubchapter I I of chapter 173 of title 1 0,U nited States Code, is amended by adding at the end the following new section: ‘ ‘ §29 22 g.Pref ere nc ef o r m o t or v e hi c l e su sing electric or h yb ri dp ropulsion systems ‘ ‘(a) PREFERENCE.—In leasing or procuring motor v ehicles for use by a military department or D efense Agency, the Secretary of the military department or the head of the Defense Agency shall provide a preference for the lease or procurement of motor vehicles using electric or hybrid propulsion systems, including plug- in hybrid systems, if the electric or hybrid vehicles— ‘‘(1) will meet the re q uirements or needs of the Department of Defense and ‘‘( 2 ) are commercially available at a cost, including oper- ating cost, reasonably comparable to motor vehicles containing only an internal combustion or heat engine using combustible fuel. ‘‘(b) EX CE P TI O N.—Subsection (a) does not apply with respect to tactical vehicles designed for use in combat. ‘‘(c) R ELATION TO O T H ER V EHICLE TECHNOLO G IE S THAT RED U CE CONSUMPTION OF F OSSIL FUELS.—The preference required by sub- section (a) does not preclude the Secretary of Defense from author- i z ing the Secretary of a military department or head of a Defense Agency to provide a preference for another vehicle technology that reduces the consumption of fossil fuels if the Secretary of Defense determines that the technology is consistent with the energy performance goals and plan of the Department required by section 2 9 11 of this title. ‘‘(d) HYB RID DEFINED.—In this section, the term ‘hybrid ’, with respect to a motor vehicle, means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both— ‘‘(1) an internal combustion or heat engine using combus- tible fuel; and ‘‘(2) a rechargeable energy storage system.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of such subchapter is amended by adding at the end the following new item: ‘‘2922g. P reference for motor v e h ic l es using electric or hy b rid propulsion systems.’’. (c) REGULATIONS.—The Secretary of Defense shall prescribe regulations to implement section 2922g of title 10, United States Code, as added by subsection (a), within one year after the date of the enactment of this Act. Deadlin e .10USC29 22 g n ot e. Dete rm ination.


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 123STA T . 2 68 3 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9SEC.2845 . S TUDYON DE V E L O PM ENT O F NUCLE AR PO W ER PLANTS ONM I LITARY INSTALLATIONS. (a)STUDYREQ U IR ED .—The Se cr e t ar yofD efe ns e sha l l con du ct a study to assess the feas ib ility of de v elo p in g nuclear po w er plants on m ilitary installations. (b) EL E M E N T S .— A s part of the study re q uired by subsection (a) , the Secretary shall— ( 1 ) summari z e options available to the Department to enter into public - private partnerships or other transactions for the construction and operation of the nuclear power plants ( 2 ) estimate the potential cost per k ilowatt-hour and life- cycle cost savings to the Department; ( 3 ) consider the potential energy security advantages of generating electricity on military installations through the use of nuclear power plants; ( 4 ) assess the additional infrastructure that would be needed to enable the power plants to provide power through the general electricity grid and to military installations in the event of a commercial grid failure; ( 5 ) consider the potential impact on the quality of life of personnel stationed at military installations at which a nuclear power plant is installed and ways to mitigate those impacts; ( 6 ) review the range of F ederal, State, and local regulatory processes governing the establishment of nuclear power plants on military installations; ( 7 ) assess the degree to which nuclear power plants might adversely affect operations on military installations, including consideration of training and readiness requirements; ( 8 ) assess potential environmental liabilities for the Depart- ment; ( 9 ) consider factors impacting safe co-location and operation of nuclear power plants on military installations; and (1 0 ) consider other factors that affect the development of nuclear power plants on military installations. (c) SU B MISSI O NO F RESULTS OF STUDY.— N ot later than J une 1, 2010, the Secretary shall submit to the C ommittees on Armed Services of the Senate and H ouse of Representatives a report con- taining the results of the study required by subsection (a). SEC. 284 6 . COMPTROLLER G ENERAL REPORT ON DEPARTMENT OF DEFENSE RENEWA B LE ENERGY INITIATIVES , INCLUDING SOLAR INITIATIVES, ON MILITARY INSTALLATIONS. (a) RE P ORT REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Comptroller G eneral shall submit to Congress a report describing all renewable energy initiatives, including pro j ects involving the installation of solar panels, that are currently producing energy or are under development on mili- tary installations. (b) ELEMENTS.—The report required by subsection (a) shall— (1) specify the costs associated with each renewable energy initiative; (2) address whether the renewable energy initiative has a clearly delineated set of goals or targets and whether the goals or targets are being met or are likely to be met by the completion of the renewable energy initiative; and Deadlin e .R e ports .


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 123STA T . 2 684PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(3)contai n re co m men d ation sf or l e g islati v e or administra - tive actions t h at w ill assist — ( A ) renewa b le energ y initiatives in meeting the goals or targets and ( B ) the D e p artment of Defense in achieving its renew- able energy goal by 20 2 5, as specified in section 2 91 1(e) of title 10, U nited S tates C ode .Subti t leE—LandCo n v e y an c e sSEC.2851 . LAND C O N V E Y ANCE ,H A I NES T AN KF A RM , HAINES, ALASKA. (a) C ONVEYA N C EA UTH O RIZ E D .— T he Secretary of the Army may convey to the Chil k oot I ndian Association (in this section referred to as the ‘ ‘Association ’ ’) all right, title, and interest of the United States in and to a parcel of real property, incl u ding improvements thereon, consisting of appro x imately 201 acres located at the former H aines F uel Terminal (also known as the Haines Tank Farm) in Haines, Alaska, for the purpose of permitting the Association to develop a Deep Sea P ort and for other industrial and commercial development purposes. To the extent practicable, the Secretary is encouraged to complete the conveyance by September 30, 2013, but not prior to the date of completion of all obligations referenced in subsection (e). (b) CON S IDERATION.—As consideration for the conveyance under subsection (a), the Association shall pay to the Secretary an amount e q ual to the fair market value of the property, as determined by the Secretary. The determination of the Secretary shall be final. (c) R EVERSIONARY INTEREST.—If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance, all right, title, and interest in and to such real property, including any improvements and appurtenant easements 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. (d) PAY M ENT O F COSTS OF CONVEYANCES.— (1) PAYMENT RE Q UIRED.—The Secretary shall require the Association to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Sec- retary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental docu- mentation, and other administrative costs related to the convey- ance. If amounts are collected from the Association in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Association. (2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received as reimbursements under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and Records.Paym e nt s. D eterm i nation.


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 123STA T . 2 685PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9subject t o t h es am eco ndi tions and l imitations , as amounts in such f und o r account .( e )SAVINGSPRO VISION. —N othin g in this section shall be con - strued to affect or limit the a p plication of, or an y obligation to comply w ith, any en v ironmental law, including the National E nvironmental Policy A ct( 42U .S. C .4 3 2 1 et se q .), the Comprehen- sive Environmental R esponse, Compensation, and L iability Act of 1 980 (42 U.S.C. 9 6 01 et seq.) and the Solid W aste D isposal Act (42 U.S.C. 6901 et seq.). (f) D E S C RI PT ION O F PROPERT Y .— T hee x act acreage and legal description of the real property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary. (g) A D DITIONA L TER M AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appro- priate to protect the interests of the United States. SEC.285 2. R E L E A SE OF RE V ERS I O N AR Y IN T EREST , CA MPJ OSEP H T. RO B INSON, AR K ANSAS. The United States releases to the State of Ar k ansas the rever- sionary interest described in sections 2 and 3 of the Act entitled ‘ ‘An Act authori z ing the transfer of part of Camp J oseph T. Robinson to the State of Arkansas ’ ’’’, approved June 30, 19 5 0 (64 Stat. 311, chapter 429), in and to the surface estate of the land constituting Camp Joseph T. Robinson, Arkansas, which is comprised of 40.515 acres of land to be acquired by the United States of America and 40.513 acres to be acquired by the City of North Little Rock, Arkansas, and lies in sections 6, 8, and 9 of township 2 North, Range 12 West, Pulaski County, Arkansas. SEC. 285 3 . TRANSFER OF A D MINISTRATIVE J U RISDICTION, PORT CHI - CA G O NAVAL MAGA Z INE, CALIFORNIA. (a) TRANSFER RE QU IRED ADMINISTRATION.—Section 203 of the Port Chicago National M emorial Act of 1992 (Public Law 102 – 562; 16 U.S.C. 431 note; 106 Stat. 4235) is amended by striking subsection (c) and inserting the following new subsections ‘‘(c) ADMINISTRATION.—The Secretary of the I nterior shall administer the Port Chicago Naval Magazine National Memorial as a unit of the National Park System in accordance with this Act and laws generally applicable to units of the National Park System, including the National Park Service O rganic Act (39 Stat. 535; 16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). Land transferred to the administra- tive jurisdiction of the Secretary of the Interior under subsection (d) shall be administered in accordance with this subsection. ‘‘(d) TRANSFER OF LAND.—The Secretary of the Army shall transfer to the Secretary of the Interior administrative jurisdiction over of a parcel of land consisting of approximately five acres, depicted within the proposed boundary on the map entitled ‘Port Chicago Naval Magazine National Memorial, Proposed B oundary’, numbered 018 / 80,001, and dated August 2005, if the Secretary of the Army determines that the land is in excess to military needs. At the time of the transfer of administrative jurisdiction, the Secretary of the Army and the Secretary of the Interior shall enter into an agreement to determine the responsibilities of the respective agencies in the application of, or obligation to comply with, any applicable environmental law affecting the transferred Contrac t s.De ter mi nation. Determination. Su r v e y .


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 123STA T . 2 68 6 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9land,i n c l u din gtheCompr ehen s i v e E nvironmental R esponse, Com - pensation, and L ia b ilit yA cto f1980(42U.S .C. 9 6 01etse q . ) . ‘ ‘(e) PUBLIC ACC ES S. —T he Secretary of the Army shall enter into an agreement w ith the Secretary of the I nterior to provide as much public access as possible to the Port Chicago N aval M aga- z ine National Memorial without interfering with military needs. This subsection shall no longer apply if, at some point in the future, the National Memorial ceases to be an enclave within the Military O cean Terminal – Concord. ‘‘(f) A GR EE M E NTW IT H CIT YOF CONCOR DA ND EAST B AY REGIONAL PAR KD ISTRICT.—The Secretary of the Interior is author- ized to enter into an agreement with the City of Concord, California, and the East Bay Regional Par k District, to establish and operate a facility for visitor orientation and parking, administrative offices, and curatorial storage for the National Memorial. ‘‘(g) SA V INGS PROVISION.—Nothing in this section shall be con- strued to affect or limit the application of, or any obligation to comply with, any environmental law, including the National Environmental Policy Act (42 U.S.C. 4 3 21 et seq.), the Comprehen- sive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). ’ ’. (b) SENSE OF CONGRESS ON RE P AIR AND MODIFICATION OF NATIONAL MEMORIAL.—In accordance with public access provided by section 203(e) of the Port Chicago National Memorial Act of 1992, as amended by subsection (a), it is the sense of Congress that the Secretary of the Army and the Secretary of the Interior should work together to develop a process by which future repairs and modifications to mutually used infrastructure at the Port Chi- cago Naval Magazine National Memorial can be carried out in as timely and cost-effective a manner as possible. SEC.2854 . LAND C O N V E Y ANCE ,F E R NDALE H O U S I N G A T CENTERVILLE B EACH NAVAL FACILITY TO CITY OF FERNDALE, CALI - FORNIA. (a) CONVEYANCE AUTHORI Z ED.—At such time as the Navy vacates the F erndale H ousing, which previously supported the now closed Centerville Beach Naval Facility in the City of Ferndale, California, the Secretary of the Navy may convey, at fair market value, to the City of Ferndale (in this section referred to as the ‘‘City’’), all right, title, and interest of the United States in and to the parcels of real property, including improvements thereon, for the purpose of permitting the City to utilize the property for low- and moderate-income housing for seniors, families, or both. (b) DESCRIPTION OF PROPERTY.—The e x act acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy. (c) PAYMENT OF COSTS OF CONVEYANCES.— (1) PAYMENT RE Q UIRED.—The Secretary of the Navy shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Sec- retary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental docu- mentation, and other administrative costs related to the convey- ance. If amounts are collected from the city in advance of Det e rmina ti o n .Su r v e y. C ontra c t s .


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 123STA T . 2 687PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9theS e cr et a r yin c u rrin g the actua l c os ts , an d the a m ount col - lected e x ceeds the costs actually incurred b y the Secretary to carry out the con v eyance, the Secretary shall re f und the excess amount to the C ity .(2)TREATM E N T OF AMO U NT S RE C E IV E D . —A mounts received as reimbursements under p aragraph ( 1 ) shall be credited to the fund or account that w as used to cover the costs incurred by the Secretary of the N avy 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 sub j ect to the same conditions and limitations, as amounts in such fund or account. (d) TRANSFER OF P ROCEEDS AUT H ORI Z ED.—The Secretary of D efense may transfer any proceeds received from the conveyance under subsection (a), less amounts received as reimbursement for costs under subsection (c), to the Department of Defense F amily H ousing I mprovement Fund established under section 2 8 8 3 (a) of title 1 0, U nited States Code, for the purposes of carrying out activi- ties under subchapter I V of chapter 1 69 of that title with respect to military family housing. (e) ADDITIONA L TERM AND CONDITIONS.—The Secretary of the Navy may re q uire such additional terms and conditions in connec- tion with the conveyance under subsection (a) as the Secretary of the Navy considers appropriate to protect the interests of the United States. SEC.285 5. LAND C O N V E Y ANCES , NAVAL A IR S T ATION, B ARBERS P OINT, H A W AII. (a) CONVE Y ANCES AUTHORIZED.—The Secretary of the Navy may convey all right, title, and interest of the United States in and to the parcels of real property, including any improvements thereon, described in subsection (b) and located at former Naval Air Station, B arbers Point, O ahu, Hawaii— (1) to the Hawaii Community Development Authority (in this section referred to as the ‘ ‘Authority ’ ’), which is the local redevelopment authority for former Naval Air Station, Barbers Point or (2) to the Department of Hawaiian Homelands (in this section referred to as the ‘‘Department’’). (b) COVERED PARCELS.—The real property authori z edtobe conveyed under subsection (a) includes the following (1) An approximately 10. 5 69-acre parcel of land identified as ‘‘Parcel No. 13126 B’’ and further identified by Oahu Tax M ap K eyNo.9 – 1–031:0 47 . (2) An approximately 145.785-acre parcel of land identified as ‘‘Parcel No. 13058 D’’ and further identified by Oahu Tax Map Key No. 9–1–013:039. (3) An approximately 9.303-acre parcel of land identified as ‘‘Parcel No. 13058 F’’ and further identified by Oahu Tax Map Key No. 9–1–013:041. (4) An approximately 57.937-acre parcel of land identified as ‘‘Parcel No. 13058 G ’’ and further identified by Oahu Tax Map Key No. 9–1–013:042. (5) An approximately 11.501-acre parcel of land identified as ‘‘Parcel No. 13073 D’’ and further identified by Oahu Tax Map Key No. 9–1–013:069.


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 123STA T . 2 68 8 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(6)Anap p roxim a tely 6 5.3 56 - a c re parcel o f lan d identified a s‘ ‘ P arcel N o. 1 3 07 3 B’ ’ andf u rt h er identified b y O ahu T ax M ap K ey No. 9– 1–013 067. (7) Any other property at former Na v al Air S tation , Barbers Point identified for closure throu g h the base closure process. (c) CONSIDERAT ION. — (1) A U T H ORIT YC ON V EYANCES.—Any conveyance under sub- section (a)(1) to the Authority shall be made w ithout consider- ation if the conveyed real property is to be used for public benefit, as determined by the Secretary. ( 2 ) D E P ART M ENT CONVEYANCES.—Any conveyance under subsection (a)(2) to the Department shall be made to mitigate further claims associated with the H awaiian Home L ands R ecovery Act (title I I of Public Law 10 4 –42 109 Stat. 357; 4 8U .S.C. 491 note prec.). (d) PAYMENT O F COSTS OF CONVEYANCES.— (1) PAYMENT RE Q UIRED.—The Secretary shall re q uire the Authority or the Department, as the case may be, to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out a conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administra- tive 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 Authority or the Department, whichever entity paid the excess amount. (2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received as reimbursements under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and sub j ect to the same conditions and limitations, as amounts in such fund or account. (e) SAVIN G S PROVISION.—Nothing in this section shall be con- strued to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive E nvironmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid W aste Disposal Act (42 U.S.C. 6901 et seq.). (f) DESCRIPTION OF PROPERTY.—The exact acreage and legal descriptions of the parcels of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (g) ADDITIONA L TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions, including easements or covenants to protect cultural or natural resources, in connection with the conveyances under subsection (a) as the Secretary con- siders appropriate to protect the interests of the United States. SEC.2856 . LAND C O N V E Y ANCES O F CE RT A I N P ARCELS IN T H ECA M P CATLIN AND OHANA N U I AREAS , PEARL HAR B OR, HA W AII. (a) CONVEYANCES AUTHORI Z ED.—The Secretary of the Navy may convey to any person or entity leasing or licensing real property located at Camp Catlin and Ohana Nui areas, Hawaii, as of the Det e rmina ti o n .Su r v e y. Determination.


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 123STA T . 2 689PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 09 dateof t h ee n a c t m ent of th isA ct ( in this section r eferred to as the ‘ ‘ l essee ’ ’ ) all ri g ht , title, and interest of the U nited S tates in and to the p ortion of s u ch propert y that is respecti v ely leased or licensed b y such person or entity for the purpose of continuing the same functions as are being conducted on the property as of the date of the enactment of this Act . (b) CONSIDERAT ION. — As consideration for a conveyance under subsection (a), the lessee shall provide the United States, w hether by cash payment, in -k ind consideration described in section 26 6 7 (c) of title 10, United States Code, or a combination thereof, an amount that is not less than the fair market of the conveyed property, as determined pursuant to an appraisal acceptable to the Secretary. (c) EX ER C ISE O FR I GH T T O PU RCHASE PRO P ERT Y .— (1) ACCEPTANCE OF OFFER.— F oraperiodof1 8 0 days begin- ning on the date the Secretary makes a written offer to convey the property or any portion thereof under subsection (a), the lessee shall have the e x clusive right to accept such offer by providing written notice of acceptance to the Secretary within the specified 180-day time period. I f the Secretary’s offer is not so accepted within the 180-day period, the offer shall expire. (2) CON V EYANCE DEAD L INE.—If a lessee accepts the offer to convey the property or a portion thereof in accordance with paragraph (1), the conveyance shall take place not later than 2 years after the date of the lessee’s written acceptance, pro- vided that the conveyance date may be extended for a reason- able period of time by mutual agreement of the parties, evi- denced by a written instrument executed by the parties prior to the end of the 2-year period. If the lessee’s lease or license term expires before the conveyance is completed, the Secretary may extend the lease or license term up to the date of convey- ance, provided that the lessee shall be re q uired to pay for such extended term at the rate in effect at the time it was declared excess property. (d) PAY M ENT OF COSTS OF CONVEYANCES.— (1) PAYMENT RE Q UIRED.—The Secretary shall require the lessee to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out a conveyance under subsection (a), including survey costs, related to the conveyance. If amounts are collected from the lessee 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 lessee. (2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out a conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and sub j ect to the same conditions and limitations, as amounts in such fund or account. (e) D ESCRIPTION OF PROPERTY.—The exact acreage and legal description of any real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (f) ADDITIONAL TERM AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with Det e rmina ti o n .Su r v e y. C ontra c t s . Exp iration d ate. T ime period. N otice.


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 123STA T . 2 690PUBLIC LA W 111 –84—O CT. 28 , 2009 aconvey ance u n d e rs u b sec ti on ( a ) ast h e S ecretary considers a p pro - priate to protect the interests o f the U nited States .SEC.2857 . MODIF IC AT IO N OF L AND CON V E Y ANCE , FO R MER G RIFFISS AIR FORCE B ASE, NE W YOR K . (a) AD D IT I ONALC ON VEY AN C E. — Subsection (a)( 1 ) of section 2873 of the M i l itary Construction Authori z ation Act for F iscal Y ear 2 0 0 5 (division B of P ublic L a w 108 – 375 118 Stat. 2152) is a m ended by stri k in g‘ ‘two parcels ’ ’ and all that follows through the period at the end and inserting the following ‘‘three parcels of real prop- erty consisting of 7.8 9 7 acres , 1.7 4 2 acres, and 5.037 acres, respec- tively, and containing all or a portion of the five buildings specified in paragraph (2), which were vacated, or will be vacated, by the Air Force in con j unction with its relocation to the Consolidated I ntelligence and R econnaissance Laboratory and to a replacement Modification and Fabrication Facility at Air Force Research Labora- tory–Rome Research Site, Rome, N ew York.’’. (b) D E S C R I P TION O F PROPERTY.—Subsection (a)(2) of such sec- tion is amended by adding at the end the following new subpara- graph: ‘‘( E ) Bay Number 4 in Building 101 (appro x imately 115,000 s q uare feet).’’. (c) P U RPOSE OF CONVEYANCE.—Subsection (a)(3) of such section is amended by adding before the period at the end the following: ‘‘and to provide adequate reimbursement, real property, and replace- ment facilities for the Air Force Research Laboratory units that are relocated as a result of the conveyance’’. (d) CONSIDERATION.—Subsection (c) of such section is amended— (1) by striking ‘‘in-kind contribution’’ and inserting ‘‘in- kind consideration (including land and new facilities)’’; and (2) by adding at the end the following new sentence: ‘‘Any cash payment received by the Secretary under this subsection shall be deposited in the special account established for the Secretary under section 2 6 67(e) of title 10, United States Code, and shall be available to the Secretary for the same uses and subject to the same limitations as provided in that section.’’. SEC. 2858. LAND CONVEYANCE, ARMY RESERVE CENTER, C H AMBERS - B U RG, P ENNSYLVANIA. (a) CONVEYANCE AUT H ORI Z ED.—At such time as the Army Reserve vacates the Army Reserve Center at 721 South Sixth Street, Chambersburg, Pennsylvania, the Secretary of the Army may convey, without consideration, to the Chambersburg Area School District (in this section referred to as the ‘‘School District’’), all right, title, and interest of the United States in and to the Reserve Center for the purpose of permitting the School District to utilize the property for educational and educational-support activities. (b) REVERSIONARY INTEREST.—If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance, all right, title, and interest in and to such real property, including any improvements and appurtenant easements 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 Records.D e t er mina tion.


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 123STA T . 2 69 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 theS e cr et a r yund er th is su b secti o n sha l lbe m ade on the record a f terano p portunity for a hearin g.( c )DESCRIPT I ON O FP ROPERT Y . —T hee x act acreage and legal description of the real property to be con v eyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (d) P A Y M ENT OF C OSTS OF CON V EYANCES.— ( 1 ) PAYMENT RE QU IRE D .—The Secretary shall re q uire the School District to cover costs to be incurred by the Secretary , or to reimburse the Secretary for costs incurred by the Sec - retary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental docu- mentation, and other administrative costs related to the convey- ance. I f amounts are collected from the School 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 conveyance, the Secretary shall refund the excess amount to the School District. ( 2 ) TREATMENT OF AMOUNTS RECEIVED.— A mounts received as reimbursements under paragraph (1) shall be credited to the fund or account that w as used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and sub j ect to the same conditions and limitations, as amounts in such fund or account. (e) ADDITIONA L TERM AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the U nited States. SEC.2859 . LAND C O N V E Y ANCE , ELLS W O RTH A I R F ORCE B ASE, SO U TH DA K OTA. (a) C H AN G EIN R ECIPIENT UNDER EX ISTING AUTHORITY.— (1) IN GENERAL.—Section 2 863 (a) of the M ilitary Construc- tion Act for F iscal Y ear 1 9 98 (division B of Public L aw1 05– 85 111 Stat. 2010), as amended by section 2865(a) of the Military Construction Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 11 4 Stat. 1654A–435), is further amended by stri k ing ‘ ‘ W est River Foundation for Eco- nomic and Community Development, Sturgis, South Dakota (in this section referred to as the ‘Foundation ’ )’’ and inserting ‘‘South Dakota Ellsworth Development Authority, Pierre, South Dakota (in this section referred to as the ‘Authority’)’’. (2) TECHNICAL AND CONFORMING AMENDMENTS.—Section 2863 of the Military Construction Act for Fiscal Year 1998 (division B of Public Law 105–85; 111 Stat. 2010), as amended by section 2865(b) of the Military Construction Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–435), is further amended— (A) by striking ‘‘Foundation’’ each place it appears in subsections (c) and (e) and inserting ‘‘Authority’’; (B) in subsection (b)(1)— (i) in subparagraph (B), by striking ‘‘13 7 .56 acres’’ and inserting ‘‘120.70 acres’’; and (ii) by striking subparagraphs (C), (D), and (E). (b) N E W CONVEYANCE AUTHORITY.—


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 123STA T . 2 69 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (1)CONVEYA N C EA UTH O RIZ E D.—TheS e cr e ta r yof the Ai r F orce m ay co nv ey ,w itho u t con s i d eration, to the South D a k ota El lsworth Develo p ment Authority, P ierre, South Dakota (in this su b section referred to as the ‘ ‘Authority ’ ’), all ri g ht, title, and interest of the U nited States in and to the parcels of real property located at Ellsworth Air Force B ase, South Dakota, referred to in paragraph ( 2 ). (2) COVERED P ROPERTY.—The real property referred to in paragraph (1) is the following (A) A parcel of real property, together with any improvements thereon, consisting of appro x imately 2. 37 acres and comprising the 11 0 00 W est Communications Annex. (B) A parcel of real property, together with any improvements thereon, consisting of approximately 6 .6 4 3 acres and comprising the South N ike Education Annex. (3) CONDITION.—As a condition of the conveyance under this subsection, the Authority, and any person or entity to which the Authority transfers the property, shall comply in the use of the property with the applicable provisions of the Ellsworth Air Force Base Air I nstallation Compatible Use Z one Study. (4) R EVER S IONARY INTEREST.—If the Secretary determines at any time that the real property conveyed under paragraph (1) is not being used in compliance with the applicable provi - sions of the Ellsworth Air Force Base Air Installation Compat- ible Use Zone Study, all right, title, and interest in and to such real property, including any improvements and appur- tenant easements 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 paragraph shall be made on the record after an opportunity for a hearing. ( 5 ) DESCRIPTION O F PROPERTY.—The exact acreage and legal description of the real property to be conveyed under this subsection shall be determined by a survey satisfactory to the Secretary. (6) ADDITIONA L TER M S AND CONDITIONS.—The Secretary may re q uire such additional terms and conditions in connection with the conveyance under this subsection as the Secretary considers appropriate to protect the interests of the United States. SEC.2860 . LAND C O N V E Y ANCE , LAC K LAND A IRF ORCE B ASE, T E X AS. (a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force may convey to an eligible entity, all right, title, and interest of the United States to not more than 250 acres of real property and associated easements and improvements on L ackland Air Force Base, Texas, in exchange for real property ad j acent to or near the installation for the purpose of relocating and consolidating Air Force tenants located on the former K elly Air Force Base, Texas, onto the main portion of Lackland Air Force Base. (b) CONDITION OF CONVEYANCE.—The conveyance under sub- section (a) shall be subject to the condition that the eligible entity accept the real property in its condition at the time of the convey- ance. Records.D e t er mina tion.


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 123STA T . 2 69 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (c)ELIG I B L E E NT ITIE S.—A c onveya nce u n d e rthis section m ay b e made to the C ity o fS an Antonio ,T e x as,oranor g ani z ation or agency chartered or s p onsored by the l ocal or State government. (d) C O NSI D E RA TION.—As consideration for the conveyance under subsection (a), the eligible entity shall provide the Air F orce w ith real property or real property improvements, or a combination of both, of e q ual value, as determined by the Secretary. I f the fair mar k et value of the real property or real property improve - ments, or combination thereof, is less than the fair market value of the real property to be conveyed by the Air Force, the eligible entity shall provide cash payment to the Air Force, or provide L ackland Air Force B ase with in-kind consideration of an amount equal to the difference in the fair market values. Any cash payment received by the Air Force for the conveyance authorized by sub- section (a) shall be deposited in the special account described in section 26 6 7 (e) of title 10, U nited States Code, and shall be available to the Secretary for the same uses and sub j ect to the same limita- tions as provided in that section. (e) P A YM ENT O F COSTS OF CON V EYAN C E.— (1) IN GENERAL.—The Secretary may require the eligible entity 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, costs related to environmental documentation, and other administrative costs related to the conveyances. If amounts are collected from the eligible entity in advance of the Secretary incurring the actual costs, and the amount col- lected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the eligible entity. (2) TREATMENT OF AMO U NTS 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 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. (f) SAVINGS PROVISION.— N othing in this section shall be con- strued to affect or limit the application of, or any obligation to comply with, any environmental law, including the National Environmental Policy Act ( 4 2 U.S.C. 4 3 21 et seq.), the Comprehen- sive Environmental R esponse, Compensation, and Liability Act of 1 98 0 (42 U.S.C. 9601 et seq.), and the Solid W aste D isposal Act (42 U.S.C. 6901 et seq.). (g) DESCRI P TION OF PROPERTY.—The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appro- priate to protect the interests of the United States. SEC.2861 . LAND C O N V E Y ANCE , NAVAL A IR S T ATION OCEANA, VIR -G INIA. (a) CONVEYANCE AUT H ORI Z ED.—The Secretary of the Navy may convey to the City of V irginia Beach, Virginia (in this section


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 123STA T . 2 694PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 ref erre dtoas t h e ‘ ‘ Ci t y’ ’ ), a l lri g ht, title, a n d interest of the U nited S tates in and to a p ar c el of real property, incl u ding any i m pro v e - ments thereon, consisting of appro x imately 2.4 acres at N aval A ir Station, O ceana, V irginia, for the purpose of permitting the City to expand services to support the M arine Animal Care Center. (b )C ONSIDERAT ION. — As consideration for the conveyance under subsection (a), the City shall provide compensation to the Secretary of the Navy in an amount e q ual to the fair mar k et value of the real property conveyed under such subsection, as determined by appraisals acceptable to the Secretary. (c) D ES C RI P TION O FP ROPERT Y .— T he exact acreage and legal description of the real property to be exchanged under this section shall be determined by surveys satisfactory to the Secretary. (d) PAY M ENT OF COSTS OF CON V EYANCES.— ( 1 ) PAYMENT RE QU IRED.—The Secretary 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 conveyance under this section, including survey costs related to the conveyance. I f amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. (2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under this section shall be credited to the fund or account that w as used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and sub j ect to the same conditions and limitations, as amounts in such fund or account. (e) ADDITIONA L TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appro- priate to protect the interests of the United States. SEC.286 2.C OMPL E TI O N O F L A N D E X C H AN G E AND CONSOLIDATION , FO R TLE W IS, WASHINGTON. Subsection (a)(1) of section 2 837 of the Military Construction Authori z ation Act for F iscal Y ear 2 0 02 (division B of Public L aw 107 – 107 11 5 Stat. 1315), as amended by section 2852 of the Mili- tary Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2143), is further amended— (1) in the first sentence, by striking ‘‘The Secretary of the Army may transfer’’ and inserting ‘‘Not later than 6 0 days after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2010, the Secretary of the Army shall transfer’’; and (2) in the second sentence— (A) by striking ‘‘may make the transfer’’ and inserting ‘‘shall make the transfer’’; and (B) by striking ‘‘may accept’’ and inserting ‘‘shall accept’’. Deadlin e .


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 123STA T . 2 695PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 SEC.2863 . LAND C O N V E Y ANCE ,F .E. W A R REN A I R FORCE B ASE, C H EY - ENNE, WYO M IN G . (a)CONVEYA N C E AUTH O RIZ E D.—TheS e cr e t ar yof the A i r F orce m ay co nv eytotheCo u nty of L aramie ,W yomin g (in thi s section referre d to as the ‘ ‘County ’ ’)a l l right, title, and interest of the U nited States in and to a p arcel of real property, including any improvements thereon and appurtenant easements thereto, con - sisting of appro x imately 73 acres along the southeastern b oundary of F. E . Warren Air Force B ase, Cheyenne, Wyoming, for the purpose of removing the property from the boundaries of the installation and permitting the County to preserve the entire property for healthcare facilities. (b) CON S IDERATION.— ( 1 ) I N G ENERA L .—As consideration for the conveyance under subsection (a), the County shall provide the United States consideration, w hether by cash payment, in- k ind consideration as described under paragraph ( 2 ), or a combination thereof, in an amount that is not less than the fair market value of the conveyed real property, as determined by the Secretary. (2) IN- K IND CONSIDERATION.—In-kind consideration pro- vided by the County under paragraph (1) may include the ac q uisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure relating to the security of F.E. Warren Air Force Base, that the Sec- retary considers acceptable. (3) R ELATION TO OTHER LA W S.—Sections 2 6 62and2 80 2 of title 10, United States Code, shall not apply to any new facilities or infrastructure received by the United States as in-kind consideration under paragraph (2). ( 4 ) N OTICE TO CONGRESS.—The Secretary shall provide written notification to the congressional defense committees of the types and value of consideration provided the United States under paragraph (1). ( 5 ) TREAT M ENT O F CASH CONSIDERATION RECEIVED.—Any cash payment received by the United States under paragraph (1) shall be deposited in the special account described in section 2667(e) of title 10, United States Code, and shall be available in accordance with paragraph (5)(B)(ii) of such subsection. (c) REVERSIONARY INTEREST.— (1) IN GENERAL.—If the Secretary determines at any time that the County is not using the property conveyed under subsection (a) in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereon, shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing. (2) RELEASE OF REVERSIONARY INTEREST.—The Secretary shall release, without consideration, the reversionary interest retained by the United States under paragraph (1) if— (A) F.E. Warren Air Force Base, Cheyenne Wyoming, is no longer being used for D epartment of Defense activi- ties or Records.D e t er mina tion.


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 123STA T . 2 69 6 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (B)theS e cr et a r yd eter min e s that the re v ersi o nary interest is other w ise u nnecessary to p rotect the interests o f the U nited States . (d) PAYMENTOFC O S TS OF CON V EYAN C E. — ( 1 ) PAYMENT R E QUI RE D .— T he Secretary sha l lre q uire the County to cover costs to b e incurred by the Secretary , or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a) and implement the receipt of in -k ind consideration under para g raph (b), including survey costs, appraisal costs, costs related to environ- mental documentation, and other administrative costs related to the conveyance and receipt of in-kind consideration. I f amounts are received from the County in advance of the Sec- retary incurring the actual costs, and the amount received e x ceeds the costs actually incurred by the Secretary under this section, the Secretary shall refund the excess amount to the County. ( 2 ) TREATMENT OF AMOUNTS RECEIVED.— A mounts received as reimbursements under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance and imple- menting the receipt of in-kind consideration. Amounts so cred- ited shall be merged with amounts in such fund or account and shall be available for the same purposes, and sub j ect to the same conditions and limitations, as amounts in such fund or account. (e) D ESCRI P TION OF R EA L PROPERTY.—The exact acreage and legal description of the real property to be conveyed under sub- section (a) shall be determined by a survey satisfactory to the Secretary. (f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. Subti t leF—O t h e rMa tter sSEC.2871 . R E VI SE DAUTHO RIT Y TO ESTA BL ISH N ATIONAL M ONUMENT TO HONOR UNITED STATES ARMED F ORCES W OR K IN G DOG TEAMS. Section 2 87 7ofthe N ational Defense Authori z ation Act for F iscal Y ear 2 0 08 (Public L aw 110 – 181 122 Stat. 563 4 31 note) is amended by striking ‘ ‘National W ar Dogs M onument, Inc., ’ ’ both places it appears and inserting ‘‘ J ohn Burnam Monument Foundation, Inc.,’’. SEC. 2872. NATIONAL D – DAY MEMORIAL STUDY. (a) DEFINITIONS.—In this section (1) AREA.—The term ‘‘Area’’ means in the National D– Day Memorial in Bedford, V irginia. (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Director of the National Park Service. (b) STUDY.— (1) IN G ENERAL.—The Secretary may conduct a study of the Area to evaluate the national significance of the Area Det e rmina ti o n .Su r v e y. Determination.
 * 16 U.S.C.


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 123STA T . 2 697PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 andsuit a b i l it y and fe asibility o f desi g nating t h e Ar eaasa unit of the N ational P ar kS yste m.(2)CRITE RI A . —I n c onducting the study authori z ed under p aragraph ( 1 ) , the Secretary shall use the criteria for the study of areas for potential inclusion in the National Park System in section 8 (c) of Public L a w9 1 –3 83 (1 6U .S.C. 1a– 5 (c)). (3) C ON TENT S .— T he study authorized under paragraph (1) shall— (A) determine the suitability and feasibility of desig - nating the Area as a unit of the National Park System ( B ) include cost estimates for any necessary ac q uisition, de v elopment, operation, and maintenance of the Area; and (C) identify alternatives for the management, adminis- tration, and protection of the Area. (c) R E P ORT.—Section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)) shall apply to the conduct of the study authorized under this section, e x cept that the study shall be submitted to the Com- mittee on Natural Resources of the H ouse of Representatives and the Committee on E nergy and Natural Resources of the Senate not later than 3 years after the date on which funds are first made available for the study. SEC.2873 .C ONDIT IONS ON EST ABL IS HM ENT O F COO P E R ATI V E SEC U- RIT Y LOCATION IN PALAN Q UERO , COLOMBIA. (a) CON G RESSIONA L NOTI F I C ATION OF AGREE M ENT.—None of the amounts authorized to be appropriated by this division or otherwise made available for military construction for fiscal year 2 0 10 may be obligated to commence construction of a Cooperative Security Location at the G erman O lano M oreno Airbase (the Palanquero AB D evelopment Pro j ect) in Palanquero, Colombia, until at least 15 days after the date on which the Secretary of Defense certifies to the congressional defense committees that an agreement has been entered into with the Government of Colombia to allow access to and use of its facilities at the German Olano Moreno Airbase for the duration of the agreement to carry out mutually agreed- upon activities. (b) PRO H I B ITION ON PERMANENT UNITE D STATES MILITAR Y INSTALLATION.—The agreement referred to in subsection (a) may not provide for or authorize the establishment of a United States military installation or base for the permanent stationing of United States Armed F orces in Colombia. SEC. 287 4 . MILITARY ACTIVITIES AT UNITED STATES MARINE CORPS MOUNTAIN W ARFARE TRAININ G CENTER. Section 1806 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1059; 16 U.S.C. 4 60vvv) is amended by adding at the end the following new subsection

‘(g) MILITARY ACTI V ITIES AT UNITED STATES MARINE CORPS MO U NTAIN W ARFARE TRAINING CENTER.—The designation of the Bridgeport Winter Recreation Area by this section is not intended to restrict or preclude the activities conducted by the United States Armed Forces at the United States Marine Corps Mountain Warfare Training Center. ’ ’. Timep e r i od.C er t i f i ca tio n . A pp l ica b ilit y .


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 123STA T . 2 698PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 09 TI T LEX XIX —OV E RS E A S C O N TIN G ENC Y O P ERATIONS M ILITARY CONSTR U C - TION AUT H ORI Z ATIONS Sec.2901 . Authoriz e d Ar my co ns truction a nd l and ac q uisition p ro j ects. Sec. 2902. Authorized Air F orce construction and land acquisition projects. Sec. 290 3 . C onstruction authorization f or facilities for O ffice of D efense R epresenta - ti v e- P a k istan. SEC.2901 . AUTHORIZ E D AR MY CO N STRUCTION AND L AND AC Q UISI - TION P RO J ECTS. (a)OUTSIDE T H E UN ITED S T A TES .— U sing a mou n t sa p p r opriat ed pursuant to t h e authori z ation o f appropriations in su b se c tion (b)( 1 ) , the Secretar y of the A rmy may ac q uire rea l property and carry out military construction pro j ects for the installations or locations outside the United States, and in the amounts, set forth in the follo w ing table
 * Army:Outside

t h e Un ited S t a tes C ountry In s t al lat i onorLo c ation A m ount Afghanist an . .......... Ai rbo rn e .......................................... $7,80 0,000 A l ti mu r ........................................... $7,7 5 0,000 Asa d abad ........................................ $5,500,000 B agram Air Base ........................... $ 132 ,850,000 C am pJ o yc e .................................... $7,700,000 Camp K abul ................................... $137,000,000 Camp Kandahar ............................. $132,500,000 Camp S alerno ................................. $50,200,000 F or w ard O perating Base Blessing $5, 6 00,000 Forward Operating Base Bostic k $5,500,000 Forward Operating Base D wyer ... $1 9 ,300,000 Forward Operating Base G ha z ni .. $5,500,000 Forward Operating Base Shank ... $19,700,000 Forward Operating Base Sharana $60,800,000 Frontenac ....................................... $2,200,000 Jalalabad Airfield .......................... $ 4 1,400,000 M aywand ........................................ $7,800,000 Methar -L am ................................... $4,150,000 P ro v incial R econstruction T eam Gardez. $36,200,000 Provincial Reconstruction Team Tarin Kowt. $55,800,000 Tombstone / Bastion ........................ $71,800,000 W olverine ........................................ $17,050,000 (b) AUTH OR I Z ATION O F A P PROPRIATIONS.— F unds are hereby authorized to be appropriated for fiscal years beginning after Sep - tember 30, 2 00 9 , for military construction, land acquisition, and military family housing functions of the D epartment of the Army in the total amount of $ 92 4 ,4 8 4,000 as follows: (1) For military construction projects outside the United States authorized by subsection (a), $834,100,000. (2) For unspecified minor military construction projects under section 280 5 of title 10, United States C ode, $20,100,000.


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 123STA T . 2 69 9 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (3)Fora r chite ct u ra l a nd en g ineering s er v ices and construc - tion design under section 2807 o f title 1 0 ,U nited S tates C ode, $ 70,28 4 ,000 .SEC.290 2. AUTHORIZ E D AIR F ORCE CO N STRUCTION AND L AND AC Q UISITION P RO J ECTS. (a) OUTSIDE T H EU N ITED ST A TES. — Using a m ounts a p propriated pursuant to the authori z ation of appropriations in su b section (b)(1), the Secretar y of the A ir Force may ac q uire real property and carry out military construction pro j ects for the installations or locations outside the United States, and in the amounts, set forth in the follo w ing table
 * AirFo

r ce:Outs i d et h e Un ited S t a tes C ountry In s t al lat i onorLo c ation A m ount Afghanist an . .......... B ag r a m Air Bas e ........................... $29,10 0,000 C am pK an d ahar ............................. $2 34, 6 00,000 Fo r w ard O perating Base D w y er ... $4,900,000 Forward Operating Base S han k ... $4,900,000 P ro v in c ia lR econstr u ction T eam Tarin Kowt. $4,900,000 Tom b stone / Bastion ........................ $1 5 6,200,000 W olverine ........................................ $4,900,000 (b) AUTH OR I Z ATION O F A P PROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal years beginning after Sep- tember 30, 200 9, for military construction, land acquisition, and military family housing functions of the D epartment of the Air Force in the total amount of $474, 5 00,000, as follows: (1) For military construction projects outside the United States authorized by subsection (a), $439,500,000. (2) For architectural and engineering services and construc- tion design under section 2807 of title 10, United States Code, $35,000,000. SEC. 290 3 . CONSTRUCTION AUTHORIZATION FOR FACILITIES FOR OFFICE OF DEFENSE REPRESENTATI V E - PA K ISTAN. (a) USE OF FUNDS AUTHORIZED.— (1) I N G ENERA L .—Of the amounts authorized to be appro- priated by this title, the Secretary of Defense may use not more than $10,000,000 to plan, design, and construct facilities on the United States E mbassy Compound in Islamabad, P a k i- stan, in support of the Office of the Defense R epresentative- Pakistan (in this section referred to as the ‘ ‘ODRP ’ ’). (2) N OTI C E AND W AIT.— T he Secretary may not obligate funds made available pursuant to paragraph (1) until the end of the 14-day period beginning on the date on which the Sec- retary submits to the appropriate congressional committees a report containing notice of the proposed obligation of the funds and addressing the items specified in subsection (b)(2). (b) ADDITIONAL REPORTING RE Q UIRE M ENTS.— (1) IN GENERAL.—Not later than 90 days after the submis- sion of the notice under subsection (a)(2), and every 180 days Timep e r i od.R epor ts .


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 123STA T . 2 70 0 PUBLIC LA W 111 –84—O CT. 28 , 200 9ther e af ter , the S e c retar yo f D efe ns e sha l ls ubmi ttothea p pro - priate con g ressional committees a report on the number of personnel an d acti v ities of the O D RP.(2)ELEM E NTS . —T he report under paragraph ( 1 ) shall include the follo w ing ( A ) A detailed accounting of the number of personnel permanently assigned or on temporary duty in the ODRP. ( B ) A description of the mission of those personnel assigned on a temporary or permanent basis to the ODRP. ( C )Apro j ection of space re q uirements for the ODRP. ( 3 )TE R M I N A TI O N.—The requirement to submit a report under paragraph (1) terminates on the date occurring two years after the date on which the first report under such paragraph is submitted. (c) F ORM.—A report under this section may be submitted in a classified form. (d) A P PROPRIATE CON G RESSIONAL COMMITTEES.—For the pur- poses of this section, the appropriate congressional committees are the following: (1) The congressional defense committees. (2) The Committee on Foreign Affairs of the H ouse of Representatives. (3) The Committee on Foreign Relations of the Senate. DIV I S I ONC— D EPARTM ENT O F ENER GY NATIONA L SEC U RITY AUT H ORI Z A - TIONS AND OTHER AUTHORIZATIONS TITLE X XXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subti t leA—Na ti on al Se c u r it yP ro g ra ms Aut h ori z ations Sec .310 1. National Nuclear Security A d ministration. Sec. 310 2 . D e f ense en v ironmental cleanu p . Sec. 3103. O ther defense activities. Sec. 310 4 . Defense nuclear w aste disposal. Sec. 310 5 . E nergy security and assurance. Sec. 310 6 . R elation to funding tables. Subtitle B —Program Authorizations , Restrictions, and L imitations Sec. 3111. Stoc k pile stewardship program. Sec. 3112. Report on stockpile stewardship criteria and assessment of stockpile stewardship program. Sec. 3113. Stockpile management program. Sec. 3114. Dual validation of annual weapons assessment and certification. Sec. 3115. Elimination of nuclear weapons life e x tension program from exception to re q uirement to request funds in budget of the President. Sec. 3116. Long - term plan for the modernization and refurbishment of the nuclear security complex. Sec. 311 7 . Repeal of prohibition on funding activities associated with international cooperative stockpile stewardship. Sec. 311 8 . M odification of minor construction threshold for plant pro j ects. Sec. 311 9 . T wo-year extension of authority for appointment of certain scientific, en- gineering, and technical personnel. Sec. 3120. National Nuclear Security Administration authority for urgent non- proliferation activities. Sec. 3121. Repeal of sunset date for consolidation of counterintelligence programs of Department of Energy and National Nuclear Security Administration. Subtitle C —Reports Sec. 3131. National Academy of Sciences review of national security laboratories.