< Back to S. 1392 (111th Congress, 2009–2010)

Text of the Military Construction Authorization Act for Fiscal Year 2010

This bill was introduced in a previous session of Congress and was passed by the Senate on July 23, 2009 but was never passed by the House. The text of the bill below is as of Jul 23, 2009 (Passed the Senate (Engrossed)).

Source: GPO

111th CONGRESS

1st Session

S. 1392

IN THE SENATE OF THE UNITED STATES

AN ACT

To authorize appropriations for fiscal year 2010 for military construction, and for other purposes.

1.

Short title

This Act may be cited as the Military Construction Authorization Act for Fiscal Year 2010.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees.

DIVISION B—Military Construction Authorizations

Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

Sec. 2003. Effective date.

Sec. 2004. Funding tables.

Sec. 2005. Technical corrections regarding certain military construction projects, New Mexico.

TITLE XXI—Army

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Extension of authorizations of certain fiscal year 2006 projects.

TITLE XXII—Navy

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification and extension of authority to carry out certain fiscal year 2006 project.

TITLE XXIII—Air Force

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Extension of authorizations of certain fiscal year 2007 projects.

Sec. 2306. Extension of authorizations of certain fiscal year 2006 projects.

Sec. 2307. Temporary prohibition on use of funds for military construction improvements, Palanquero Air Base, Colombia.

Sec. 2308. Conveyance to Indian tribes of certain housing units.

TITLE XXIV—Defense Agencies

Subtitle A—Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Family housing.

Sec. 2403. Energy conservation projects.

Sec. 2404. Authorization of appropriations, Defense Agencies.

Sec. 2405. Modification of authority to carry out certain fiscal year 2008 project.

Sec. 2406. Modification of authority to carry out certain fiscal year 2009 project.

Sec. 2407. Extension of authorizations of certain fiscal year 2007 project.

Subtitle B—Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, Defense-wide.

TITLE XXV—North Atlantic Treaty Organization Security Investment Program

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—Guard and Reserve Forces Facilities

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, Guard and Reserve.

Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects.

Sec. 2608. Extension of authorizations of certain fiscal year 2006 project.

TITLE XXVII—Base Closure and Realignment Activities

Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990.

Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.

Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005.

Sec. 2704. Report on global defense posture realignment and interagency review.

Sec. 2705. Sense of the Senate on need for community assistance related to base closures and realignments and force repositioning.

Sec. 2706. Relocation of certain Army Reserve units in Connecticut.

Sec. 2707. Authority to construct previously authorized Armed Forces Reserve Center in vicinity of specified location at Pease Air National Guard Base, New Hampshire.

Sec. 2708. Requirement for master plan to provide world class military medical facilities in the National Capital Region.

TITLE XXVIII—Military Construction General Provisions

Sec. 2801. Military construction and land acquisition projects authorized by American Recovery and Reinvestment Act of 2009.

Subtitle A—Military Construction Program and Military Family Housing Changes

Sec. 2811. Extension of authority to use operation and maintenance funds for construction projects inside the United States Central Command and United States Africa Command areas of responsibility.

Sec. 2812. Modification of authority for scope of work variations.

Sec. 2813. Modification of conveyance authority at military installations.

Sec. 2814. Two-year extension of authority for pilot projects for acquisition or construction of military unaccompanied housing.

Subtitle B—Energy Security

Sec. 2821. Report on Department of Defense efforts toward installation of solar panels and other renewable energy projects on military installations.

Subtitle C—Land Conveyances

Sec. 2831. Land conveyance, Naval Air Station Oceana, Virginia.

Sec. 2832. Release of reversionary interest.

Sec. 2833. Land conveyance, Ellsworth Air Force Base, South Dakota.

Sec. 2834. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming.

Sec. 2835. Land conveyance, Lackland Air Force Base, Texas.

Sec. 2836. Land conveyance, Haines Tank Farm, Haines, Alaska.

Sec. 2837. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui areas, Pearl Harbor, Hawaii.

Subtitle D—Other matters

Sec. 2841. Expansion of First Sergeants Barracks Initiative.

TITLE XXIX—Overseas Contingency Operations Military Construction Authorizations

Sec. 2901. Authorized Army construction and land acquisition projects.

Sec. 2902. Authorized Air Force construction and land acquisition projects.

3.

Congressional defense committees

For purposes of this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

B

Military construction authorizations

2001.

Short title

This division may be cited as the Military Construction Authorization Act for Fiscal Year 2010.

2002.

Expiration of authorizations and amounts required to be specified by law

(a)

Expiration of authorizations after three years

Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—

(1)

October 1, 2012; or

(2)

the date of the enactment of an Act authorizing funds for military construction for fiscal year 2013.

(b)

Exception

Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—

(1)

October 1, 2012; or

(2)

the date of the enactment of an Act authorizing funds for fiscal year 2013 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.

2003.

Effective date

Titles XXI through XXVII shall take effect on the later of—

(1)

October 1, 2009; or

(2)

the date of the enactment of this Act.

2004.

Funding tables

(a)

In general

The amounts authorized to be appropriated by sections 2104, 2204, 2304, 2404, 2411, 2502, and 2606 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4501.

(b)

Base closure and realignment activities

The amounts authorized to be appropriated by section 2703 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4502.

(c)

Projects funded by American Recovery and Reinvestment Act of 2009

The amounts authorized by section 2801 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4503.

(d)

Overseas contingency operations

The amounts authorized to be appropriated by sections 2901 and 2902 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4504.

2005.

Technical corrections regarding certain military construction projects, New Mexico

Notwithstanding the table in section 4501, the amounts available for the following projects at the following installations shall be as follows:

Air Force: Inside the United States
StateInstallationProject TitleSenate Authorized Amount
New MexicoHolloman Air Force BaseFire-Crash Rescue Station$0
Special Operations Command
StateInstallationProject TitleSenate Authorized Amount
New MexicoCannon Air Force BaseSOF AC 130 Loadout Apron Phase 1$6,000,000
XXI

Army

2101.

Authorized Army construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Army: Inside the United States
StateInstallation or LocationAmount
AlaskaFort Richardson$56,050,000
Fort Wainwright$198,000,000
AlabamaRedstone Arsenal$3,550,000
ArizonaFort Huachuca$21,000,000
ArkansasPine Bluff Arsenal$25,000,000
CaliforniaFort Irwin$9,500,000
ColoradoFort Carson$233,400,000
FloridaEglin Air Force Base$132,800,000
GeorgiaFort Benning$295,300,000
Fort Gillem$10,800,000
Fort Stewart/Hunter Army Air Field$105,967,000
HawaiiSchofield Barracks$184,000,000
Wheeler Army Air Field$7,500,000
KansasFort Riley$168,500,000
KentuckyFort Knox$70,000,000
LouisianaFort Polk$49,000,000
MarylandAberdeen Proving Ground$15,500,000
Fort Detrick$39,000,000
MissouriFort Leonard Wood$163,000,000
New YorkFort Drum$84,500,000
North CarolinaFort Bragg$113,650,000
Sunny Point (Military Ocean Terminal)$28,900,000
OklahomaFort Sill$90,500,000
McAlester Army Ammunition Plant$12,500,000
South CarolinaFort Jackson$103,500,00
Naval Weapons Station, Charleston$21,800,000
TexasFort Bliss$219,400,000
Fort Hood$32,100,000
Fort Sam Houston$19,800,000
UtahDugway Proving Ground$25,000,000
VirginiaFort A.P. Hill$23,000,000
Fort Belvoir$17,900,000
Fort Eustis$8,900,000
WashingtonFort Lewis$9,700,000
(b)

Outside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

Army: Outside the United States
CountryInstallation or LocationAmount
AfghanistanBagram Airfield$106,600,000
GermanyAnsbach$31,700,000
Kleber Kaserne$20,000,000
JapanOkinawa$6,000,000
Sagamihara$6,000,000
KoreaCamp Humphreys$50,200,000
KuwaitCamp Arifjan$82,000,000
2102.

Family housing

(a)

Construction and acquisition

Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:

Army: Family Housing
CountryInstallation or LocationUnitsAmount
GermanyBaumholder38 $18,000,000
(b)

Planning and design

Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,936,000.

2103.

Improvements to military family housing units

Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $219,300,000.

2104.

Authorization of appropriations, Army

(a)

In general

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $4,262,800,000 as follows:

(1)

For military construction projects inside the United States authorized by section 2101(a), $2,619,217,000.

(2)

For military construction projects outside the United States authorized by section 2101(b), $302,500,000.

(3)

For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $23,000,000.

(4)

For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $178,029,000.

(5)

For military family housing functions:

(A)

For construction and acquisition, planning and design, and improvement of military family housing and facilities, $241,236,000.

(B)

For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $523,418,000.

(6)

For the construction of increment 4 of a brigade complex at Fort Lewis, Washington, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2445), as amended by section 20814 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289), as added by section 2 of the Revised Continuing Resolution, 2007 (Public Law 110–5; 121 Stat 41), $102,000,000.

(7)

For the construction of increment 3 of a brigade complex operational support facility at Vicenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 505), $23,500,000.

(8)

For the construction of increment 3 of a brigade complex barracks and community support facility at Vicenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 505), $22,500,000.

(9)

For the construction of increment 3 of the United States Southern Command Headquarters at Miami Doral, Florida, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 504), $55,400,000.

(10)

For the construction of increment 2 of a barracks and dining complex at Fort Carson, Colorado, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4659), $60,000,000.

(11)

For the construction of increment 2 of a barracks and dining complex at Fort Stewart/Hunter Army Air Field, Georgia, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4659), $80,000,000.

(12)

For the construction of increment 2 of the family housing replacement construction at Wiesbaden Air Base, Germany, authorized by section 2102(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4663), $10,000,000.

(13)

For the construction of increment 2 of the family housing replacement construction at Wiesbaden Air Base, Germany, authorized by section 2102(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4663), $11,000,000.

(14)

For the construction of increment 2 of the family housing replacement construction at Wiesbaden Air Base, Germany, authorized by section 2102(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4663), $11,000,000.

(b)

Limitation on total cost of construction projects

Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the sum of the following:

(1)

The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).

(2)

$25,000,000 (the balance of the amount authorized under section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 505) for construction of a brigade complex operations support facility at Vicenza, Italy.

(3)

$26,000,000 (the balance of the amount authorized under section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 505) for construction of a brigade complex operations support facility at Vicenza, Italy.

2105.

Extension of authorizations of certain fiscal year 2006 projects

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3501), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (119 Stat. 3485), shall remain in effect until October 1, 2010, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Army: Extension of 2006 Project Authorizations
State/CountryInstallation or LocationProjectAmount
HawaiiPohakuloa Training AreaTactical Vehicle Wash Facility$9,207,000
Pohakuloa Training AreaBattle Area Complex$33,660,000
XXII

Navy

2201.

Authorized Navy construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Inside the United States
StateInstallation or LocationAmount
ArizonaMarine Corps Air Station, Yuma$28,770,000
CaliforniaMountain Warfare Training Center, Bridgeport$4,460,000
Edwards Air Force Base$3,007,000
Marine Corps Air Station, Miramar$9,280,000
Marine Corps Base, Pendleton$775,162,000
Naval Base Point Loma$8,730,000
Marine Corps Recruit Depot, San Diego$23,590,000
Marine Air Ground Combat Center Twentynine Palms$513,680,000
FloridaMarine Corps Support Facility, Blount Island$3,760,000
Eglin Air Force Base$50,847,000
Naval Air Station, Jacksonville$5,917,000
Naval Air Station, Whiting Field$4,120,000
Naval Station, Mayport$75,985,000
Pensacola$26,161,000
HawaiiNaval Station Pearl Harbor$65,542,000
Marine Corps Base, Hawaii$5,380,000
IndianaNaval Support Activity Crane$13,710,000
MainePortsmouth Naval Shipyard$7,100,000
NevadaNaval Air Station Fallon$11,450,000
North CarolinaMarine Corps Air Station, Cherry Point$22,960,000
Marine Corps Air Station, New River$107,090,000
Marine Corps Base, Camp Lejeune$673,570,000
Rhode IslandNaval Station, Newport$56,353,000
South CarolinaMarine Corps Air Station, Beaufort$1,280,000
Marine Corps Recruit Depot, Parris Island$6,972,000
TexasNaval Air Station, Corpus Christi$19,764,000
VirginiaDahlgren$3,660,000
Marine Corps Base, Quantico$105,240,000
Naval Amphibious Base, Little Creek$13,095,000
Naval Station, Norfolk$18,139,000
Norfolk Naval Shipyard$226,969,000
WashingtonBremerton$69,064,000
Spokane$12,707,000
West VirginiaNaval Security Group, Sugar Grove$9,650,000
(b)

Outside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:

Navy: Outside the United States
CountryInstallation or LocationAmount
BahrainSouthwest Asia$41,526,000
DjiboutiDjibouti$41,845,000
GuamNaval Activities, Guam$286,829,000
SpainNaval Station, Rota$26,278,000
2202.

Family housing

(a)

Construction and acquisition

Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:

Navy: Family Housing
LocationInstallation or LocationUnitsAmount
KoreaPusanWelcome center/warehouse$4,376.000
Mariana IslandsNaval Activities, Guam30$20,730,000
(b)

Planning and design

Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $2,771,000.

2203.

Improvements to military family housing units

Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $118,692,000.

2204.

Authorization of appropriations, Navy

(a)

In general

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $4,053,880,000, as follows:

(1)

For military construction projects inside the United States authorized by section 2201(a), $2,756,105,000.

(2)

For military construction projects outside the United States authorized by section 2201(b), $229,445,000.

(3)

For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $12,483,000.

(4)

For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $166,896,000.

(5)

For military family housing functions:

(A)

For construction and acquisition, planning and design, and improvement of military family housing and facilities, $146,569,000.

(B)

For support of military family housing (including functions described in section 2833 of title 10, United States Code), $368,540,000.

(6)

For the construction of increment 3 of a submarine drive-in magnetic silencing facility at Naval Base Pearl Harbor, Hawaii, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 510), $8,645,000.

(7)

For the construction of increment 6 of the limited area production and storage complex at Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2106), $87,292,000.

(8)

For the construction of increment 2 of enclave fencing at Naval Submarine Base, Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3490), as amended by section 2205 of this Act, $67,419,000.

(9)

For the construction of the first increment of a ship repair pier replacement at Norfolk Naval Shipyard, Virginia, authorized by section 2201(a), $126,969,000.

(10)

For the construction of the first increment of a wharves improvement, Apra Harbor, Guam, authorized by section 2201(b), $83,517,000.

(b)

Limitation on total cost of construction projects

Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the sum of the following:

(1)

The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).

(2)

$100,000,000 (the balance of the amount authorized under section 2202(a) for Ship Repair Pier Replacement at the Norfolk Naval Shipyard, Virginia).

(3)

$83,516,000 (the balance of the amount of $167,033,000 authorized under section 2202(b) for wharves improvements, Apra Harbor, Guam).

2205.

Modification and extension of authority to carry out certain fiscal year 2006 project

(a)

Modification

The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3490) is amended in the item relating to Naval Submarine Base, Bangor, Washington, by striking $60,160,000 and inserting $127,163,000.

(b)

Conforming amendment

Section 2204(b) of that Act (119 Stat. 3492) is amended by adding at the end the following new subparagraph:

(11)

$67,003,000 (the balance of the amount authorized under section 2201(a) for construction of a waterfront security enclave at Naval Submarine Base, Bangor, Washington).

.

(c)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3501), the authorization relating to enclave fencing/parking at Naval Submarine Base, Bangor, Washington (formerly referred to as a project at Naval Submarine Base, Bangor, Washington), as provided in section 2201 of that Act, shall remain in effect until October 1, 2012, or the date of an Act authorizing funds for military construction for fiscal year 2013, whichever is later.

XXIII

Air Force

2301.

Authorized Air Force construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Air Force: Inside the United States
StateInstallation or LocationAmount
AlaskaClear Air Force Station $24,300,000
Eielson Air Force Base$13,350,000
Elmendorf Air Force Base$15,700,000
ArizonaDavis-Monthan Air Force Base$41,900,000
ArkansasLittle Rock Air Force Base$16,200,000
CaliforniaTravis Air Force Base $6,900,000
Vandenberg Air Force Base$13,000,000
ColoradoPeterson Air Force Base$25,100,000
United States Air Force Academy$17,500,000
DelawareDover Air Force Base$24,900,000
FloridaEglin Air Force Base$59,800,000
Hurlburt Field$10,500,000
MacDill Air Force Base$38,300,000
Patrick Air Force Base$8,400,000
GeorgiaMoody Air Force Base$8,900,000
HawaiiWheeler Air Force Base$15,000,000
IdahoMountain Home Air Force Base$20,000,000
IllinoisScott Air Force Base$7,400,000
LouisianaBarksdale Air Force Base$12,800,000
MarylandAndrews Air Force Base$9,300,000
NebraskaOffutt Air Force Base$10,400,000
NevadaCreech Air Force Base$2,700,000
New MexicoCannon Air Force Base$15,000,000
Holloman Air Force Base$15,500,000
North CarolinaPope Air Force Base$7,700,000
North DakotaGrand Forks Air Force Base$12,000,000
Minot Air Force Base$11,500,000
OhioWright-Patterson Air Force Base$58,600,000
OklahomaAltus Air Force Base$20,300,000
Tinker Air Force Base$13,037,000
Vance Air Force Base$10,700,000
South DakotaEllsworth Air Force Base$14,500,000
TexasDyess Air Force Base$4,500,000
Goodfellow Air Force Base $44,400,000
Lackland Air Force Base $113,879,000
Sheppard Air Force Base$11,600,000
UtahHill Air Force Base$21,053,000
VirginiaLangley Air Force Base$10,000,000
WashingtonFairchild Air Force Base$11,000,000
WyomingFrancis E. Warren Air Force Base$9,100,000
(b)

Outside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

Air Force: Outside the United States
CountryInstallation or LocationAmount
Afghanistan Bagram Air Base $22,000,000
ColombiaPalanquero Air Base$46,000,000
GermanyRamstein Air Base$34,700,000
Spangdahlem Air Base$23,500,000
GuamAndersen Air Force Base$58,202,000
QatarAl Udeid Air Base$60,000,000
TurkeyIncirlik Air Base$9,200,000
2302.

Family housing

Using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,314,000.

2303.

Improvements to military family housing units

Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $61,787,000.

2304.

Authorization of appropriations, Air Force

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,736,421,000, as follows:

(1)

For military construction projects inside the United States authorized by section 2301(a), $812,115,000.

(2)

For military construction projects outside the United States authorized by section 2301(b), $253,602,000.

(3)

For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $18,000,000.

(4)

For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $83,667,000.

(5)

For military family housing functions:

(A)

For construction and acquisition, planning and design, and improvement of military family housing and facilities, $66,101,000.

(B)

For support of military family housing (including functions described in section 2833 of title 10, United States Code), $502,936,000.

2305.

Extension of authorizations of certain fiscal year 2007 projects

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2463), authorizations set forth in the table in subsection (b), as provided in sections 2301 and 2302 of that Act, shall remain in effect until October 1, 2010, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Air Force: Extension of 2007 Project Authorizations
StateInstallation or
Location
ProjectAmount
DelawareDover Air Force BaseC-17 Aircrew Life Support$7,400,000
IdahoMountain Home Air Force BaseReplace Family Housing (457 units)$107,800,000
2306.

Extension of authorizations of certain fiscal year 2006 projects

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3501), authorizations set forth in the table in subsection (b), as provided in section 2302 of that Act, shall remain in effect until October 1, 2010, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Air Force: Extension of 2006 Project Authorizations
State/CountryInstallation or LocationProjectAmount
AlaskaEielson Air Force BaseReplace Family Housing (92 units)$37,650,000
Eielson Air Force BasePurchase Build/Lease Housing (300 Units)$18,144,000
North DakotaGrand Forks Air Force BaseReplace Family Housing (150 Units)$43,353,000
2307.

Temporary prohibition on use of funds for military construction improvements, Palanquero Air Base, Colombia

None of the funds authorized to be appropriated in section 2304(2) may be obligated or expended for runway and apron expansion or other military construction improvements at Palanquero Air Base, Colombia, until the Secretary of Defense, in consultation with the Secretary of State, certifies to the congressional defense committees that negotiations between the United States Government and the Government of Colombia have resulted in access rights that will permit United States Southern Command (SOUTHCOM) to perform adequately its mission.

2308.

Conveyance to Indian tribes of certain housing units

(a)

Definitions

In this section:

(1)

Executive Director

The term Executive Director means the Executive Director of Walking Shield, Inc.

(2)

Indian tribe

The term Indian tribe means any Indian tribe included on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.479a–1).

(b)

Requests for conveyance

(1)

In general

The Executive Director may submit to the Secretary of the Air Force, on behalf of any Indian tribe located in the State of Idaho, Nevada, North Dakota, Oregon, South Dakota, Montana, or Minnesota, a request for conveyance of any relocatable military housing unit located at Grand Forks Air Force Base, Minot Air Force Base, Malmstrom Air Force Base, Ellsworth Air Force Base, or Mountain Home Air Force Base.

(2)

Conflicts

The Executive Director shall resolve any conflict among requests of Indian tribes for housing units described in paragraph (1) before submitting a request to the Secretary of the Air Force under this subsection.

(c)

Conveyance by Secretary

Notwithstanding any other provision of law, on receipt of a request under subsection (c)(1), the Secretary of the Air Force may convey to the Indian tribe that is the subject of the request, at no cost to the Air Force and without consideration, any relocatable military housing unit described in subsection (c)(1) that, as determined by the Secretary, is in excess of the needs of the military.

XXIV

Defense agencies

A

Defense Agency Authorizations

2401.

Authorized Defense Agencies construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Defense Education Activity
StateInstallation or LocationAmount
GeorgiaFort Benning$2,330,000
Fort Stewart/Hunter Army Air Field$22,501,000
North CarolinaFort Bragg$3,439,000
Defense Information Systems Agency
StateInstallation or LocationAmount
HawaiiNaval Station Pearl Harbor, Ford Island $9,633,000
Defense Logistics Agency
StateInstallation or LocationAmount
CaliforniaEl Centro$11,000,000
Point Loma Annex$55,000,000
Travis Air Force Base, California$15,357,000
FloridaJacksonville International Airport (Air National Guard)$11,500,000
MinnesotaDuluth International Airport (Air National Guard)$15,000,000
OklahomaAltus Air Force Base$2,700,000
TexasFort Hood$3,000,000
WashingtonFairchild Air Force Base$7,500,000
Missile Defense Agency
StateInstallation or LocationAmount
AlabamaRedstone Arsenal$12,000,000
VirginiaNaval Support Facility, Dahlgren$24,500,000
National Security Agency
StateInstallation or LocationAmount
MarylandFort Meade$203,800,000
Special Operations Command
StateInstallation or LocationAmount
CaliforniaNaval Amphibious Base, Coronado$15,722,000
ColoradoFort Carson$48,246,000
FloridaEglin Air Force Base$3,046,000
Hurlburt Field$8,156,000
GeorgiaFort Benning$3,046,000
KentuckyFort Campbell$32,335,000
New MexicoCannon Air Force Base$58,864,000
North CarolinaFort Bragg$101,488,000
Marine Corps Base, Camp Lejeune$11,791,000
VirginiaNaval Amphibious Base, Little Creek$18,669,000
WashingtonFort Lewis$14,500,000
TRICARE Management Activity
StateInstallation or LocationAmount
AlaskaElmendorf Air Force Base$25,017,000
Fort Richardson$3,518,000
ColoradoFort Carson$31,900,000
GeorgiaFort Benning$17,200,000
Fort Stewart/Hunter Army Air Field$22,200,000
KentuckyFort Campbell$8,600,000
MarylandFort Detrick$29,807,000
MissouriFort Leonard Wood$5,570,000
North CarolinaFort Bragg$57,658,000
OklahomaFort Sill$10,554,000
TexasLackland Air Force Base$470,318,000
Fort Bliss$200,575,000
WashingtonFort Lewis$15,636,000
Washington Headquarters Services
StateInstallation or LocationAmount
VirginiaPentagon Reservation$27,672,000
(b)

Outside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following tables:

Defense Education Agency
CountryInstallation or LocationAmount
BelgiumBrussels $38,124,000
GermanyBoeblingen$50,000,000
Kaiserslautern$93,545,000
Wiesbaden Air Base$5,379,000
United KingdomRoyal Air Force Lakenheath$4,509,000
Defense Intelligence Agency
CountryInstallation or LocationAmount
KoreaK-16 Airfield$5,050,000
Defense Logistics Agency
CountryInstallation or LocationAmount
CubaNaval Air Station, Guantanamo Bay$12,500,000
GuamNaval Air Station, Agana$4,900,000
KoreaOsan Air Base$28,000,000
United KingdomRoyal Air Force Mildenhall$4,700,000
National Security Agency
CountryInstallation or LocationAmount
United KingdomRoyal Air Force Menwith Hill Station$37,588,000
TRICARE Management Activity
CountryInstallation or LocationAmount
GuamNaval Activities, Guam$446,450,000
United KingdomRoyal Air Force Alconbury$14,227,000
2402.

Family housing

Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(7), the Secretary of Defense may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, in the number of units, and in the amount set forth in the following table:

Defense Logistics Agency: Family Housing
LocationInstallationUnitsAmount
PennsylvaniaCumberland Depot6 $2,859,000
2403.

Energy conservation projects

Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of $123,013,000.

2404.

Authorization of appropriations, Defense Agencies

(a)

In general

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $3,290,025,000, as follows:

(1)

For military construction projects inside the United States authorized by section 2401(a), $969,373,000.

(2)

For military construction projects outside the United States authorized by section 2401(b), $298,522,000.

(3)

For unspecified minor military construction projects under section 2805 of title 10, United States Code, $36,025,000.

(4)

For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000.

(5)

For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $137,942,000.

(6)

For energy conservation projects authorized by section 2403 of this Act, $123,013,000.

(7)

For military family housing functions:

(A)

For support of military family housing (including functions described in section 2833 of title 10, United States Code), $49,214,000.

(B)

For construction and acquisition of military family housing and facilities, $2,859,000.

(C)

For the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374), $373,225,000.

(D)

For credit to the Department of Defense Family Housing Improvement Fund established by section 2883(a)(1) of title 10, United States Code, $2,600,000.

(8)

For the construction of increment 2 of replacement fuel storage facilities at Point Loma Annex, California, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 521), $92,300,000.

(9)

For the construction of increment 3 of a special operations facility at Dam Neck, Virginia, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 521), $15,967,000.

(10)

For the construction of increment 2 of the USAMRICD replacement facility at Aberdeen Proving Ground, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417 122 Stat. 4689), $111,400,000.

(11)

For the construction of increment 4 of the USAMRIID stage I facility at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2457), $108,000,000.

(12)

For the construction of fuel storage tanks and pipeline replacement at Souda Bay, Greece, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4691), $24,000,000.

(13)

For the construction of the first increment of the hospital replacement, Guam, authorized by section 2401(b), $200,000,000.

(14)

For the construction of the first increment of the Ambulatory Care Center at Lackland Air Force Base, Texas, authorized by section 2401(a), $72,610,000.

(15)

For the construction of the first increment of the hospital replacement phase I at Fort Bliss, Texas, authorized by section 2401(a), $62,975,000.

(16)

For the construction of increment 2 of the Utah Data Center at Camp Williams, Utah, authorized in the Supplemental Appropriations Act, 2009 (Public Law 111–32), $600,000,000.

(b)

Limitation on total cost of construction projects

Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the sum of the following:

(1)

The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).

(2)

$200,000,000 (the balance of the amount authorized by section 2401(b) for the hospital replacement, Guam).

(3)

$368,390,000 (the balance of the amount authorized by section 2401(a) for the Ambulatory Care Center at Lackland Air Force Base, Texas).

(4)

$820,000,000 (the balance of the amount authorized in the Supplemental Appropriations Act, 2009 (Public Law 111–32) for the Utah Data Center, Camp Williams, Utah).

(5)

$24,000,000 (the balance of the amount authorized by section 2401(a) for the hospital replacement phase I, Fort Bliss, Texas).

(6)

$290,000,000 (the balance of the amount authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4689) for the USAMRIID replacement facility at Aberdeen Proving Ground, Maryland).

(7)

$47,000,000 (the balance of the amount authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 521), as modified by section 2401(a) of this Act, for the replacement of fuel storage facilities at Point Loma Annex, California).

2405.

Modification of authority to carry out certain fiscal year 2008 project

(a)

Modification

The table relating to the Defense Logistics Agency in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 521) is amended in the item relating to Point Loma Annex, California, by striking $140,000,000 in the amount column and inserting $195,000,000.

(b)

Conforming amendment

Section 2403(b)(2) of that Act (122 Stat. 524) is amended by striking $84,300,000 and inserting $139,300,000.

2406.

Modification of authority to carry out certain fiscal year 2009 project

(a)

Modification

The table relating to the Defense Logistics Agency in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4691) is amended in the item relating to Souda Bay, Greece, by striking $8,000,000 in the amount column and inserting $32,000,000.

(b)

Conforming amendments

Section 2403 of that Act (122 Stat. 4692) is amended—

(1)

in subsection (a)—

(A)

in paragraph (2), by striking $246,360,000 and inserting $238,360,000; and

(B)

by adding at the end the following new paragraph:

(11)

For construction of the first increment of fuel storage tanks and pipeline replacement at Souda Bay, Greece, $8,000,000.

; and

(2)

in subsection (b), by adding at the end the following new paragraph:

(5)

$24,000,000 (the balance of the amount authorized for the Defense Logistics Agency under section 2401(b) for fuel storage tanks and pipeline replacement at Souda Bay, Greece).

.

2407.

Extension of authorizations of certain fiscal year 2007 project

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2463), authorizations set forth in the table in subsection (b), as provided in section 2402 of that Act, shall remain in effect until October 1, 2010, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Defense Logistics Agency: Extension of 2007 Project Authorization
StateInstallation or LocationProjectAmount
VirginiaDefense Supply Center, RichmondWhole House Renovation$484,000
B

Chemical Demilitarization Authorizations

2411.

Authorization of appropriations, chemical demilitarization construction, Defense-wide

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction and land acquisition for chemical demilitarization in the total amount of $151,541,000, as follows:

(1)

For the construction of phase 11 of a munitions demilitarization facility at Pueblo Chemical Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839), section 2407 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), and section 2413 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), $92,500,000.

(2)

For the construction of phase 10 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), and section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), $59,041,000.

XXV

North atlantic treaty organization security investment program

2501.

Authorized NATO construction and land acquisition projects

The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.

2502.

Authorization of appropriations, NATO

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $276,314,000.

XXVI

Guard and Reserve Forces Facilities

2601.

Authorized Army National Guard construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1)(A), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:

Army National Guard: Inside the United States
StateLocationAmount
AlabamaFort McClellan$3,000,000
ArizonaCamp Navajo$3,000,000
CaliforniaFresno Yosemite International Airport$9,900,000
Los Alamitos$31,000,000
GeorgiaFort Benning$15,500,000
IowaJohnston$4,000,000
IdahoGowen Field$16,100,000
IllinoisMilan$5,600,000
IndianaMuscatatuck$10,100,000
KansasSalina Army National Guard Aviation Facility$2,227,000
MassachusettsHanscom Air Force Base$29,000,000
MinnesotaArden Hills$6,700,000
Camp Ripley$1,710,000
MissouriBoonville$1,800,000
MississippiCamp Shelby$16,100,000
Monticello$14,350,000
NebraskaLincoln$23,000,000
New MexicoSanta Fe$39,000,000
NevadaCarson City$2,000,000
North Las Vegas$26,000,000
OregonClatsop County, Warrenton$3,369,000
South CarolinaEastover$26,000,000
Greenville$40,000,000
South DakotaCamp Rapid$9,840,000
TexasAustin$22,200,000
VirginiaFort Pickett$32,000,000
VermontEthan Allen Firing Range$1,996,000
West VirginiaSt. Albans Armory, St. Albans$2,000,000
(b)

Outside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1)(A), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations outside the United States, and in the amounts, set forth in the following table:

Army National Guard: Outside the United States
Territory or CommonwealthLocationAmount
GuamBarrigada$30,000,000
Virgin IslandsSt. Croix$20,000,000
2602.

Authorized Army Reserve construction and land acquisition projects

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1)(B), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations, and in the amounts, set forth in the following table:

Army Reserve
StateLocationAmount
CaliforniaCamp Pendleton$19,500,000
Los Angeles$29,000,000
ColoradoColorado Springs$13,000,000
ConnecticutBridgeport$18,500,000
FloridaPanama City$7,300,000
West Palm Beach$26,000,000
GeorgiaAtlanta (Winder)$14,000,000
IllinoisChicago (Joliet)$23,000,000
MinnesotaFort Snelling (Minneapolis)$12,000,000
New YorkRochester$13,600,000
OhioCincinnati$13,000,000
PennsylvaniaAshley$9,800,000
Harrisburg$7,600,000
Newton Square$20,000,000
Uniontown$11,800,000
TexasAustin$20,000,000
Fort Bliss$9,500,000
Houston$24,000,000
San Antonio (Fort Sam Houston)$20,000,000
WisconsinFort McCoy$28,850,000
Puerto RicoCaguas$12,400,000
2603.

Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations, and in the amounts, set forth in the following table:

Navy Reserve and Marine Corps Reserve
StateLocationAmount
ArizonaPhoenix (Luke Air Force Base)$10,986,000
CaliforniaAlameda$5,960,000
IllinoisJoliet Army Ammunition Plant$7,957,000
South CarolinaCharleston$4,240,000
VirginiaOceana Naval Air Station$30,400,000
TexasSan Antonio$2,210,000
2604.

Authorized Air National Guard construction and land acquisition projects

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3)(A), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations, and in the amounts, set forth in the following table:

Air National Guard
StateLocationAmount
ArizonaDavis Monthan Air Force Base$5,600,000
CaliforniaSouthern California Logistics Airport$8,400,000
ColoradoBuckley Air National Guard Base$4,500,000
ConnecticutBradley National Airport$9,100,000
HawaiiHickam Air Force Base$33,000,000
IowaDes Moines$4,600,000
MassachusettsOtis Air National Guard Base$12,800,000
MarylandAndrews Air Force Base$14,000,000
MaineBangor International Airport$28,000,000
MichiganAlpena$8,900,000
Battle Creek Air National Guard Base$14,000,000
Selfridge Air National Guard Base$7,100,000
MinnesotaMinnesota/Saint Paul International Airport$1,900,000
MissouriRosecrans Memorial Airport$9,300,000
MississippiColumbus Air Force Base$10,000,000
MontanaMalmstrom Air Force Base$9,600,000
NebraskaLincoln$1,500,000
New HampshirePease Air National Guard Base$10,000,000
New JerseyMcGuire, Air Force Base$9,700,000
NevadaReno$10,800,000
OhioMansfield Lahm Airport$11,400,000
OklahomaWill Rogers World Airport$7,300,000
South CarolinaMcEntire Joint National Guard Base$1,300,000
South DakotaJoe Foss Field$2,600,000
Tennessee164th Airlift Wing, Memphis$9,800,000
UtahHill Air Force Base$5,100,000
VermontBurlington International Airport$6,000,000
WisconsinGeneral Mitchell International Airport$5,000,000
West VirginiaMartinsburg$19,500,000
WyomingCheyenne Airport$1,500,000
2605.

Authorized Air Force Reserve construction and land acquisition projects

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3)(B), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations, and in the amounts, set forth in the following table:

Air Force Reserve
StateLocationAmount
ColoradoSchriever Air Force Base$10,200,000
MississippiKeesler Air Force Base$9,800,000
New YorkNiagra Falls Air Reserve Base$5,700,000
PennsylvaniaPittsburgh Air Reserve Base$12,400,000
TexasLackland Air Force Base$1,500,000
UtahHill Air Force Base$3,200,000
2606.

Authorization of appropriations, Guard and Reserve

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts:

(1)

For the Department of the Army—

(A)

for the Army National Guard of the United States, $481,773,000; and

(B)

for the Army Reserve, $378,712,000.

(2)

For the Department of the Navy, for the Navy and Marine Corps Reserve, $64,124,000.

(3)

For the Department of the Air Force—

(A)

for the Air National Guard of the United States, $301,361,000; and

(B)

for the Air Force Reserve, $45,576,000.

2607.

Extension of authorizations of certain fiscal year 2007 projects

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2463), the authorizations set forth in the table in subsection (b), as provided in section 2601 of that Act, shall remain in effect until October 1, 2010, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Army National Guard: Extension of 2007 Project Authorizations
StateInstallation or LocationProject Amount
CaliforniaFresnoAVCRAD Add/Alt, PH I$30,000,000
New JerseyLakehurstConsolidated Logistics Training Facility, PH II$20,024,000
2608.

Extension of authorizations of certain fiscal year 2006 project

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3501), authorizations set forth in the table in subsection (b), as provided in section 2601 of that Act, shall remain in effect until October 1, 2010, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Army National Guard: Extension of 2006 Project Authorizations
StateInstallation or LocationProject Amount
MontanaTownsendAutomated Qualification Training Range$2,532,000
XXVII

Base closure and realignment activities

2701.

Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, in the total amount of $396,768,000.

2702.

Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005

Using amounts appropriated pursuant to the authorization of appropriations in section 2703, the Secretary of Defense may carry out base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, in the amount of $5,934,740,000.

2703.

Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, in the total amount of $7,479,498,000.

2704.

Report on global defense posture realignment and interagency review

(a)

Interagency review of overseas master plans

At the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the status of overseas base closure and realignment actions undertaken as part of a global defense posture realignment strategy and the status of development and execution of comprehensive master plans for overseas military main operating bases, forward operating sites, and cooperative security locations. The report shall address the following:

(1)

How the plans would support the security commitments undertaken by the United States pursuant to any international security treaty, including, the North Atlantic Treaty, The Treaty of Mutual Cooperation and Security between the United States and Japan, and the Security Treaty Between Australia, New Zealand, and the United States of America.

(2)

The impact of such plans on the current security environments in the combatant commands, including United States participation in theater security cooperation activities and bilateral partnership, exchanges, and training exercises.

(3)

Any comments of the Secretary of Defense resulting from an interagency review of these plans that includes the Department of State and other Federal departments and agencies that the Secretary of Defense deems necessary for national security.

(b)

Interagency overseas basing report

Section 118 of title 10, United States Code, is amended by adding at the end the following new subsection:

(h)

Interagency overseas basing report

Not later than 90 days after submitting a report on a quadrennial defense review under subsection (d), the Secretary shall submit to the congressional defense committees a report detailing how the results of the assessment conducted as part of such review will impact the status of overseas base closure and realignment actions undertaken as part of a global defense posture realignment strategy and the status of development and execution of comprehensive master plans for overseas military main operating bases, forward operating sites, and cooperative security locations of the global defense posture of the United States. The report shall include any recommendations for additional closures or realignments of military installations outside of the United States. The report shall include any comments resulting from an interagency review of these plans that includes the Department of State and other relevant Federal departments and agencies.

.

2705.

Sense of the Senate on need for community assistance related to base closures and realignments and force repositioning

(a)

Findings

The Senate makes the following findings:

(1)

The 2005 round of defense base closures and realignments (BRAC) has resulted in a requirement to dispose of excess Federal property in addition to property determined to be excess as the result of decisions in four previous rounds of base realignments and closures in 1988, 1991, 1993, and 1995.

(2)

The Department of Defense has primary responsibility to dispose of Federal property resulting from the closure or realignment of military installations under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).

(3)

The Department of Defense is authorized to dispose of BRAC property using a range of methods including administrative transfer to another Federal agency, public benefit conveyances, homeless housing assistance, economic development conveyances, negotiated sales, or public sales.

(4)

The Department of Defense is authorized to convey property to local redevelopment agencies representing communities affected by base closures and realignments for the purpose of economic development.

(5)

The Department of Defense is authorized to assess the needs of the local community and the intended use of the property in determining the amount of compensation to be received in exchange for the economic development conveyance.

(6)

The Department of Defense is authorized to receive an amount for the economic development conveyance that may range from fair market value to an amount less than fair market, to no cost to the conveyee, depending on the local economic conditions.

(7)

The Department of Defense is required to use any monetary proceeds gained from the disposal of BRAC property to fund environmental clean-up, remediation, and compliance actions required to safely dispose of BRAC property.

(8)

Any revenue foregone as a result of a decision not to seek fair market value for disposed property must be compensated with appropriated funds requested by the Department of Defense in annual budget submissions to Congress.

(b)

Sense of the Senate

It is the sense of the Senate that, as the Federal Government implements base closures and realignments, global repositioning, and grow the force initiatives, it is necessary—

(1)

to assist local communities coping with the impact of these programs at both closed and active military installations; and

(2)

to comprehensively assess the needs and degree of Federal assistance to communities to effectively implement the various initiatives of the Department of Defense while aiding communities to either recover quickly from closures or to accommodate growth associated with troop influxes.

2706.

Relocation of certain Army Reserve units in Connecticut

The Secretary of the Army may use funds appropriated pursuant to the authorization of appropriations in section 2703 for the purpose of constructing an Army Reserve Center and Maintenance Facility in the vicinity of Newtown, Connecticut, at a location determined by the Secretary to be in the best interest of national security and in the public interest.

2707.

Authority to construct previously authorized Armed Forces Reserve Center in vicinity of specified location at Pease Air National Guard Base, New Hampshire

The Secretary of the Army may use funds appropriated pursuant to the authorization of appropriations in section 2703 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4715) for the purpose of constructing an Armed Forces Reserve Center at Pease Air National Guard Base, New Hampshire, to construct instead an Armed Forces Reserve Center in the vicinity of Pease Air National Guard Base at a location determined by the Secretary to be in the best interest of national security and in the public interest.

2708.

Requirement for master plan to provide world class military medical facilities in the National Capital Region

(a)

Master plan required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a comprehensive master plan to provide world class military medical facilities and an integrated system of health care delivery for the National Capital Region that—

(1)

addresses—

(A)

the unique needs of members of the Armed Forces and retired members of the Armed Forces and their families;

(B)

the care, management, and transition of seriously ill and injured members of the Armed Forces and their families;

(C)

the missions of the branch or branches of the Armed Forces served; and

(D)

performance expectations for the future integrated health care delivery system, including—

(i)

information management and information technology support; and

(ii)

expansion of support services;

(2)

includes the establishment of an integrated process for the joint development of budgets, prioritization of requirements, and the allocation of funds;

(3)

designates a single entity within the Department of Defense with the budget and operational authority to respond quickly to and address emerging facility and operational requirements required to provide and operate world class military medical facilities in the National Capital Region;

(4)

incorporates all ancillary and support facilities at the National Naval Medical Center, Bethesda, Maryland, including education and research facilities as well as centers of excellence, transportation, and parking structures required to provide a full range of adequate care and services for members of the Armed Forces and their families;

(5)

ensures that each facility covered by the plan meets or exceeds Joint Commission hospital design standards as applicable; and

(6)

can be used as a model to develop similar master plans for all military medical facilities within the Department of Defense.

(b)

Milestone schedule and cost estimates

Not later than 90 days after the development of the master plan required by (a), the Secretary shall submit to the congressional defense committees a report describing—

(1)

the schedule for completion of requirements identified in the master plan; and

(2)

updated cost estimates to provide world class military medical facilities for the National Capital Region.

(c)

Definitions

In this section:

(1)

National Capital Region

The term National Capital Region has the meaning given the term in section 2674(f) of title 10, United States Code.

(2)

World class military medical facility

The term world class military medical facility has the meaning given the term by the National Capital Region Base Realignment and Closure Health Systems Advisory Subcommittee of the Defense Health Board in appendix B of the report entitled Achieving World Class – An Independent Review of the Design Plans for the Walter Reed National Military Medical Center and the Fort Belvoir Community Hospital, published in May, 2009.

XXVIII

Military construction general provisions

2801.

Military construction and land acquisition projects authorized by American Recovery and Reinvestment Act of 2009

(a)

Authorized Army construction and land acquisition projects

Using amounts appropriated by title X of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 191), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Army: Inside the United States
StateInstallation or LocationAmount
ColoradoFort Carson$12,500,000
GeorgiaFort Stewart (Hunter Army Airfield)$8,600,000
KentuckyFort Campbell$43,000,000
North CarolinaFort Bragg$11,300,000
New YorkFort Drum$10,700,000
TexasFort Bliss$57,000,000
Fort Hood$12,700,000
VirginiaFort Belvoir$14,600,000
Fort Eustis$9,600,000
(b)

Authorized Navy construction and land acquisition projects

Using amounts appropriated by title X of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 191), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Navy: Inside the United States
StateInstallation or LocationAmount
CaliforniaMarine Corps Base Camp Pendleton$35,052,000
Naval Air Station Lemoore$7,793,000
Naval Base Coronado$88,576,000
Naval Base Point Loma$11,844,000
FloridaNaval Station Mayport$10,220,000
HawaiiMarine Corps Base Hawaii$19,360,000
MarylandNaval Support Activity Annapolis$1,994,000
Naval Surface Warfare Center Carderock$1,253,000
North CarolinaMarine Corps Air Station New River$3,039,000
Marine Corps Base Camp Lejeune$13,779,000
TennesseeNaval Support Activity Mid-South$11,960,000
VirginiaHampton Roads$26,098,000
Naval Station Norfolk$24,647,000
WashingtonNaval Air Station Whidbey Island$20,054,000
VariousVarious Locations$4,331,000
(c)

Authorized Air Force construction and land acquisition projects

Using amounts appropriated by title X of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 191), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Air Force: Inside the United States
StateInstallation or LocationAmount
AlaskaEielson Air Force Base$53,900,000
AlabamaBirmingham$2,300,000
ArkansasFort Smith$7,800,000
ColoradoPeterson Air Force Base$11,200,000
FloridaHurlburt Field$11,000,000
GeorgiaMoody Air Force Base$11,400,000
IowaDes Moines$6,000,000
KansasForbes$4,100,000
MarylandAndrews Air Force Base$8,000,000
MississippiKeesler Air Force Base$20,800,000
MontanaMalmstrom Air Force Base$26,200,000
North DakotaMinot Air Force Base$28,300,000
New JerseyAtlantic City$4,300,000
New MexicoCannon Air Force Base$12,000,000
NevadaNellis Air Force Base$13,400,000
PennsylvaniaFort Indian Town Gap$7,000,000
South CarolinaShaw Air Force Base$22,500,00
TexasGoodfellow Air Force Base$28,400,000
Lackland Air Force Base$6,000,000
UtahHill Air Force Base$15,000,000
Salt Lake City$5,100,000
WisconsinGeneral Mitchell$1,100,000
West VirginiaEastern West Virginia Regional Airport$4,300,000
(d)

Authorized Defense-wide construction and land acquisition projects

Using amounts appropriated by title X of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 191), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Defense-wide: Inside the United States
StateInstallation or LocationAmount
CaliforniaCamp Pendleton$563,100,000
FloridaNaval Airt Station Jacksonville$27,210,000
TexasFort Hood$621,000,000
VariousVarious Locations$118,690,000
(e)

Authorized Army National Guard and Reserve projects

(1)

Authorized construction and land acquisition projects

Using amounts appropriated by title X of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 191), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard and Army Reserve locations, and in the amounts, set forth in the following table:

Army National Guard and Reserve: Inside the United States
StateInstallation or LocationAmount
CaliforniaMather Air Field$1,500,000
NevadaHawthorne Army Depot$950,000
North CarolinaRaleigh$39,500,000
NebraskaCamp Ashland$2,900,000
New YorkBrooklyn (Fort Hamilton)$1,500,000
OregonCamp Withycombe$1,300,000
West VirginiaGassaway$3,300,000
(2)

Authorized family housing

Using amounts appropriated by title X of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 191), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the Army National Guard and Army Reserve locations, in the number of units, and in the amounts, set forth in the following table:

Army National Guard and Reserve: Family Housing
StateInstallation or LocationUnitsAmount
CaliforniaFort Hunter-Liggett5$2,370,000
Sierra Army Depot1$707,000
IllinoisRock Island2$930,000
OklahomaMcAlester Army Depot6$2,200,000
PennsylvaniaLetterkenny Army Depot3$1,050,000
Tobyhanna2$1,000,000
UtahDugway Proving Grounds20$10,000,000
VirginiaRadford Army Ammunition Plant4$1,300,000
WisconsinFort McCoy23$14,000,000
A

Military Construction Program and Military Family Housing Changes

2811.

Extension of authority to use operation and maintenance funds for construction projects inside the United States Central Command and United States Africa Command areas of responsibility

Section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended by section 2810 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2128), section 2809 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3508), section 2802 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2466), section 2801 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 538), and section 2806 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4724) is further amended—

(1)

in subsection (a), by striking 2009 and inserting 2010; and

(2)

in subsection (c)(2), by inserting or fiscal year 2010 after fiscal year 2009.

2812.

Modification of authority for scope of work variations

Section 2853 of title 10, United States Code, is amended—

(1)

in subsection (b)—

(A)

by striking Except as provided in subsection (c) and inserting (1) Except as provided in subsection (c);

(B)

by striking may be reduced by not more than 25 percent from the amount approved for that project, construction, improvement, or acquisition by Congress. and inserting may be reduced by not more than 25 percent from the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.; and

(C)

by adding at the end the following new paragraph:

(2)

The scope of work for a military construction project or for the construction, improvement, and acquisition of a military family housing project may not be increased above the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.

; and

(2)

in subsection (c), by striking limitation on scope reduction in subsection (b) and inserting limitation on scope reduction in subsection (b)(1).

2813.

Modification of conveyance authority at military installations

(a)

Limited purposes for which real property may be conveyed

Section 2869 of title 10, United States Code, is amended—

(1)

in the section heading, by striking to support military construction or limit encroachment and inserting to limit encroachment;

(2)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by striking agrees, in exchange for the real property— and all that follows through to carry out a military construction project or land acquisition and inserting agrees, in exchange for the real property, to carry out a land acquisition;

(ii)

by striking ; or and inserting a period; and

(iii)

by striking subparagraph (B); and

(B)

by striking paragraph (3);

(3)

in subsection (b), by striking fair market value of the military construction, military family housing, or military unaccompanied housing both places it appears and inserting fair market value of the land;

(4)

by amending subsection (c) to read as follows:

(c)

Limitation on use of conveyance authority at installations closed under base closure laws

The authority under subsection (a)(2)(A) to convey property located on a military installation may only be used to the extent the conveyance is consistent with an approved redevelopment plan for such installation.

; and

(5)

in subsection (d)(2)(A), by striking military construction project, land acquisition, military family housing, or military unaccompanied housing both places it appears and inserting land acquisition.

(b)

Requirement to deposit funds in foreign currency fluctuations, construction, defense account

Subsection (e) of such section is amended by striking (1) Except as provided in paragraph (2), the Secretary concerned may deposit funds and all that follows through funds deposited under paragraph (2) shall be available in paragraph (3) and inserting The Secretary concerned shall deposit funds received under subsection (b) in the appropriation Foreign Currency Fluctuations, Construction, Defense. The funds deposited shall be available.

(c)

Elimination of annual report requirement; sunset

Subsection (f) of such section is amended to read as follows:

(f)

Sunset

The authority to enter into an agreement under this section shall expire on September 30, 2013.

.

(d)

Clerical amendment

The item relating to such section in the table of sections at the beginning of chapter 169 of such title is amended to read as follows:

2869. Conveyance of property at military installations to limit encroachment.

.

2814.

Two-year extension of authority for pilot projects for acquisition or construction of military unaccompanied housing

Section 2881a of title 10, United States Code, is amended by striking 2009 and inserting 2011.

B

Energy security

2821.

Report on Department of Defense efforts toward installation of solar panels and other renewable energy projects on military installations

(a)

Report required

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 that describes and assesses current Department of Defense efforts toward the installation of solar panels and other renewable energy projects on military installations and facilities.

(b)

Elements

The report required by subsection (a) shall set forth the following:

(1)

A description and assessment of the status of current Department efforts toward the installation of solar panels and other renewable energy projects on military installations and facilities.

(2)

A description of any legislative, administrative, or other impediments to such efforts.

(3)

Such recommendations for legislative or administrative action as the Secretary considers appropriate for purposes of—

(A)

furthering such efforts; and

(B)

achieving the renewable energy goals of the Department by 2025.

(4)

Such other matters as the Secretary considers appropriate.

C

Land conveyances

2831.

Land Conveyance, Naval Air Station Oceana, Virginia

(a)

Conveyance authorized

The Secretary of the Navy may convey to the City of Virginia Beach, Virginia (in this section referred to as the City), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.4 acres at Naval Air Station, Oceana, Virginia, for the purpose of permitting the City to expand services to support the Marine Animal Care Center.

(b)

Consideration

As consideration for the conveyance under subsection (a), the City shall provide compensation to the Secretary of the Navy in an amount equal to the fair market value of the real property conveyed under such subsection, as determined by appraisals acceptable to the Secretary.

(c)

Description of property

The exact acreage and legal description of the real property to be exchanged under this section shall be determined by surveys satisfactory to the Secretary.

(d)

Payment of costs of conveyances

(1)

Payment required

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. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City.

(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 was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

(e)

Additional terms and conditions

The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

2832.

Release of reversionary interest

The United States releases to the State of Arkansas the reversionary interest described in sections 2 and 3 of the Act entitled “An Act authorizing the transfer of part of Camp Joseph T. Robinson to the State of Arkansas”, approved June 30, 1950 (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.

2833.

Land conveyance, Ellsworth Air Force Base, South Dakota

(a)

Change in recipient under existing authority

(1)

In general

Section 2863(a) of the Military Construction Act for Fiscal Year 1998 (division B of Public Law 105–85; 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; 114 Stat. 1654A–435), is further amended by striking West River Foundation for Economic 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 137.56 acres and inserting 120.70 acres; and

(ii)

by striking subparagraphs (C), (D), and (E).

(b)

New conveyance authority

(1)

Conveyance authorized

The Secretary of the Air Force may convey, without consideration, to the South Dakota Ellsworth Development Authority, Pierre, South Dakota (in this subsection referred to as the Authority), all right, title, and interest of the United States in and to the parcels of real property located at Ellsworth Air Force Base, South Dakota, referred to in paragraph (2).

(2)

Covered property

The real property referred to in paragraph (1) is the following:

(A)

A parcel of real property, together with any improvements thereon, consisting of approximately 2.37 acres and comprising the 11000 West Communications Annex.

(B)

A parcel of real property, together with any improvements thereon, consisting of approximately 6.643 acres and comprising the South Nike 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 Installation Compatible Use Zone Study.

(4)

Reversionary 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 provisions of the Ellsworth Air Force Base Air Installation Compatible Use Zone Study, 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 paragraph shall be made on the record after an opportunity for a hearing.

(5)

Description of 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)

Additional terms and conditions

The Secretary may require 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.

2834.

Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming

(a)

Conveyance authorized

The Secretary of the Air Force may convey to the County of Laramie, Wyoming (in this section referred to as the County) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon and appurtenant easements thereto, consisting of approximately 73 acres along the southeastern boundary of F.E. Warren Air Force Base, 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)

Consideration

(1)

In general

As consideration for the conveyance under subsection (a), the County shall provide the United States consideration, whether by cash payment, in-kind 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-kind consideration

In-kind consideration provided by the County under paragraph (1) may include the acquisition, 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 Secretary considers acceptable.

(3)

Relation to other laws

Sections 2662 and 2802 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)

Notice 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)

Treatment of cash consideration received

Any cash payment received by the United States under paragraph (1) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B)(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 Department of Defense activities; or

(B)

the Secretary determines that the reversionary interest is otherwise unnecessary to protect the interests of the United States.

(d)

Payment of costs of conveyance

(1)

Payment required

The Secretary shall require the County to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a) and implement the receipt of in-kind consideration under paragraph (b), including survey costs, appraisal costs, costs related to environmental documentation, and other administrative costs related to the conveyance and receipt of in-kind consideration. If amounts are received from the County in advance of the Secretary incurring the actual costs, and the amount received exceeds 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

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 and implementing the receipt of in-kind consideration. 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.

(e)

Description of Real 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.

(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.

2835.

Land conveyance, Lackland Air Force Base, Texas

(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 Lackland Air Force Base, Texas, in exchange for real property adjacent to or near the installation for the purpose of relocating and consolidating Air Force tenants located on the former Kelly Air Force Base, Texas, onto the main portion of Lackland Air Force Base.

(b)

Condition of conveyance

The conveyance under subsection (a) shall be subject to the condition that the eligible entity accept the real property in its condition at the time of the conveyance, commonly known as conveyance as is and not subject to the requirements for covenants in deed under section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)).

(c)

Eligible entities

A conveyance under this section may be made to the City of San Antonio, Texas, or an organization or agency chartered or sponsored by the local or State government.

(d)

Consideration

As consideration for the conveyance under subsection (a), the eligible entity shall provide the Air Force with real property or real property improvements, or a combination of both, of equal value, as determined by the Secretary. If the fair market value of the real property or real property improvements, 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 Lackland Air Force Base 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 subsection (a) shall be deposited in the special account described in section 2667(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.

(e)

Payment of costs of conveyance

(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 collected 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 amounts received

Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the 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)

Description 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.

(g)

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 appropriate to protect the interests of the United States.

2836.

Land conveyance, Haines Tank Farm, Haines, Alaska

(a)

Conveyance authorized

The Secretary of the Army may convey to the Chilkoot Indian 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, including improvements thereon, consisting of approximately 201 acres located at the former Haines Fuel Terminal (also known as the Haines Tank Farm) in Haines, Alaska, for the purpose of permitting the Association to develop a Deep Sea Port 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)

Consideration

As consideration for the conveyance under subsection (a), the Association shall pay to the Secretary an amount equal to the fair market value of the property, as determined by the Secretary. The determination of the Secretary shall be final.

(c)

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 the Secretary under this subsection shall be made on the record after an opportunity for a hearing.

(d)

Payment of costs of conveyances

(1)

Payment required

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 Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts 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 subject to the same conditions and limitations, as amounts in such fund or account.

(e)

Savings provision

The Haines Tank Farm is currently under a remedial investigation (RI) for petroleum, oil and lubricants contamination. Nothing in this section shall be construed 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. 4321 et seq.), the Comprehensive 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.).

(f)

Description of property

The exact 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)

Additional term and conditions

The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

2837.

Land conveyances of certain parcels in the Camp Catlin and Ohana Nui areas, Pearl Harbor, Hawaii

(a)

Conveyances authorized

The Secretary of the Navy (the Secretary) may convey to any person or entity leasing or licensing real property located at Camp Catlin and Ohana Nui areas, Hawaii, as of the date of the enactment of this Act (the lessee) all right, title, and interest of the United States in and to the portion of such property that is respectively leased or licensed by 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)

Consideration

As consideration for a conveyance under subsection (a), the lessee shall provide the United States, whether by cash payment, in-kind consideration, 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)

Exercise of right To purchase property

(1)

Acceptance of offer

For a period of 180 days beginning on the date the Secretary makes a written offer to convey the property or any portion thereof under subsection (a), the lessee shall have the exclusive right to accept such offer by providing written notice of acceptance to the Secretary within the specified 180-day time period. If the Secretary's offer is not so accepted within the 180-day period, the offer shall expire.

(2)

Conveyance deadline

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, provided that the conveyance date may be extended for a reasonable period of time by mutual agreement of the parties, evidenced 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 conveyance, provided that the lessee shall be required to pay for such extended term at the rate in effect at the time it was declared excess property.

(d)

Payment of costs of conveyances

(1)

Payment required

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 subject to the same conditions and limitations, as amounts in such fund or account.

(e)

Description of property

The exact acreage and legal description of any real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.

(f)

Additional term and conditions

The Secretary may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

D

Other matters

2841.

Expansion of First Sergeants Barracks Initiative

(a)

Expansion of initiative

Not later than September 30, 2011, the Secretary of the Army shall expand the First Sergeants Barracks Initiative (FSBI) to include all Army installations in order to improve the quality of life and living environments for single soldiers.

(b)

Progress reports

Not later than February 15, 2010, and February 15, 2011, the Secretary of the Army shall submit to Congress a report describing the progress made in expanding the First Sergeants Barracks Initiative to all Army installations, including whether the Secretary anticipates meeting the deadline imposed by subsection (a).

XXIX

Overseas contingency operations military construction authorizations

2901.

Authorized Army construction and land acquisition projects

(a)

Outside the United States

Using amounts appropriated pursuant to the authorization of appropriations in subsection (b)(1), the Secretary of the Army may acquire real property and carry out military construction projects to construct or renovate warrior transition unit facilities at the installations or locations outside the United States set forth in the following table:

Army: Outside the United States
CountryInstallation or LocationAmount
VariousVarious locations$854,600,000
(b)

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $930,484,000, as follows:

(1)

For military construction projects outside the United States authorized by subsection (a), $854,600,000.

(2)

For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $75,884,000.

(c)

Report required before commencing certain projects

Funds may not be obligated for the projects authorized by this section until 14 days after the date on which the Secretary of Defense submits to the congressional defense committees a report containing a detailed justification for the projects.

2902.

Authorized Air Force construction and land acquisition projects

(a)

Outside the United States

Using amounts appropriated pursuant to the authorization of appropriations in subsection (b)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects to construct or renovate warrior transition unit facilities at the installations or locations outside the United States set forth in the following table:

Air Force: Outside the United States
CountryInstallation or LocationAmount
VariousVarious locations$439,500,000
(b)

Authorization of appropriations

Subject to section 2825 of title 10, United States Code, funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $474,500,000, 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 construction design under section 2807 of title 10, United States Code, $35,000,000.

(c)

Report required before commencing certain projects

Funds may not be obligated for the projects authorized by this section until 14 days after the date on which the Secretary of Defense submits to the congressional defense committees a report containing a detailed justification for the projects.

Passed the Senate July 23, 2009.

Secretary.