SEC. 2001. Short Title.
This division and title XLVI of division D may be cited as the “Military Construction Authorization Act for Fiscal Year 2023”.
Division B — Military Construction Authorizations
DIVISION B Military Construction Authorizations
SEC. 2002. Expiration of Authorizations and Amounts Required to Be Specified by Law.
Expiration of Authorizations After Three Years.— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
October 1, 2025; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026.
Exception.— Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
October 1, 2025; or
the date of the enactment of an Act authorizing funds for fiscal year 2026 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
SEC. 2803. Effective Date and Automatic Execution of Conforming Changes to Tables of Sections, Tables of Contents, and Similar Tabular Entries.
Effective Date.— Titles XXI through XXVII shall take effect on the later of—
October 1, 2022; or
the date of the enactment of this Act.
Elimination of Need for Certain Separate Conforming Amendments.—
Automatic execution of conforming changes.— When an amendment made by a provision of this division to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment.
Exceptions.— Paragraph (1) shall not apply to an amendment described in such paragraph when—
the amendment, or a separate clerical amendment enacted at the same time as the amendment, expressly amends a table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or
the amendment otherwise expressly exempts itself from the operation of this section.
Covered defense law defined.— In this subsection, the term “covered defense law” means—
titles 10, 32, and 37 of the United States Code;
any national defense authorization Act or military construction authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and
any other law designated in the text thereof as a covered defense law for purposes of application of this section.
TITLE XXI Army Military Construction
SEC. 2101. Authorized Army Construction and Land Acquisition Projects.
Inside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Alabama | Redstone Arsenal | $102,000,000 |
| Alaska | Fort Wainwright | $99,000,000 |
| Colorado | Fort Carson | $14,200,000 |
| Hawaii | Fort Shafter | $33,000,000 |
| Schofield Barracks | $159,000,000 | |
| Tripler Army Medical Center | $38,000,000 | |
| Louisiana | Fort Polk | $32,000,000 |
| Maryland | Aberdeen Proving Ground | $85,000,000 |
| Mississippi | Engineer Research and Development Center | $20,000,000 |
| New Jersey | Picatinny Arsenal | $15,654,000 |
| New York | Fort Drum | $3,600,000 |
| North Carolina | Fort Bragg | $34,000,000 |
| Pennsylvania | Letterkenny Army Depot | $38,000,000 |
| Texas | Corpus Christi Army Depot | $103,000,000 |
| Fort Bliss | $15,000,000 | |
| Fort Hood | $19,000,000 | |
| Washington | Joint Base Lewis-McChord | $49,000,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
|---|---|---|
| Germany | East Camp Grafenwoehr | $168,000,000 |
| Japan | Kadena Air Force Base | $80,000,000 |
| Kwajalein | Kwajalein Atoll | $69,000,000 |
SEC. 2102. Family Housing.
Construction and Acquisition.— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, in the number of units or for the purpose, and in the amount set forth in the following table:
| Country | Installation or Location | Units | Amount |
|---|---|---|---|
| Germany | Baumholder | Family Housing New Construction | $81,000,000 |
| Italy | Vincenza | Family Housing New Construction | $95,000,000 |
Planning and Design.— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $17,339,000.
SEC. 2103. Authorization of Appropriations, Army.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2104. Demolition of District of Columbia Fort Mcnair Quarters 4, 13, and 15.
Not later than one year after the date on which all the individuals occupying District of Columbia Fort McNair Quarters 4, 13, and 15, as of the date of the enactment of this Act, have moved out of such Quarters, the Secretary of the Army shall demolish such Quarters.
SEC. 2105. Modification of Authority to Carry Out Fiscal Year 2019 Project at Camp Tango, Korea.
In the case of the authorization contained in the table in section 2101(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2242) for Camp Tango, Korea, for construction of a command and control facility at the installation, the Secretary of the Army may increase scope for a dedicated, enclosed egress pathway out of the underground facility to facilitate safe escape in case of fire.
SEC. 2106. Extension and Modification of Authority to Carry Out Certain Fiscal Year 2018 Projects.
Extension of Authority to Carry Out Certain Fiscal Year 2018 Projects.—
Extension.—
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in subparagraph (B), as provided in section 2101(b) of that Act (131 Stat. 1819), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
The table referred to in subparagraph (A) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Korea | Kunsan Air Base | Unmanned Aerial Vehicle Hangar | $53,000,000 |
Army family housing.—
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in subparagraph (B), as provided in section 2102 of that Act (131 Stat. 1820), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
The table referred to in subparagraph (A) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Kwajalein | Kwajalein Atoll | Family Housing Replacement Construction | $31,000,000 |
Modification of Authority to Carry Out Certain Fiscal Year 2018 Projects.—
Kunsan air base, korea.— In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1819) for Kunsan Air Base, Korea, for construction of an Unmanned Aerial Vehicle Hangar at the installation, the Secretary of the Army may—
construct the hangar at Camp Humphries, Korea; and
remove primary scope associated with the relocation of the air defense artillery battalion facilities to include a ground based missile defense equipment area, fighting positions, a missile resupply area air defense artillery facility, a ready building and command post, a battery command post area, a safety shelter, and a guard booth.
Kwajalein atoll, hwajalein.— Section 2879(a)(1)(A) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1874) is amended by striking “ at least 26 family housing units” and inserting “ not more than 26 family housing units”.
TITLE XXII Navy Military Construction
SEC. 2201. Authorized Navy Construction and Land Acquisition Projects.
Inside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State or Territory | Installation or Location | Amount |
|---|---|---|
| California | Marine Corps Air Ground Combat Center Twentynine Palms | $137,235,000 |
| Marine Corps Base Camp Pendleton | $145,079,000 | |
| Marine Corps Recruit Depot San Diego | $94,848,000 | |
| Naval Air Station Lemoore | $247,633,000 | |
| Naval Base Point Loma Annex | $64,353,000 | |
| Naval Base San Diego | $151,278,000 | |
| Naval Surface Warfare Center Corona Division | $17,100,000 | |
| Connecticut | Naval Submarine Base New London | $17,686,000 |
| Florida | Naval Air Station Jacksonville | $100,570,000 |
| Naval Air Station Whiting Field | $228,001,000 | |
| Georgia | Naval Submarine Base Kings Bay | $309,102,000 |
| Guam | Marine Corps Base Camp Blaz | $419,745,000 |
| Hawaii | Joint Base Pearl Harbor-Hickam | $3,780,475,000 |
| Marine Corps Base Kaneohe Bay | $100,206,000 | |
| Maryland | Naval Surface Warfare Center Carderock Division | $2,363,000 |
| Naval Surface Warfare Center Indian Head Division | $10,155,000 | |
| Nevada | Naval Air Station Fallon | $159,866,000 |
| North Carolina | Marine Corps Air Station Cherry Point | $44,830,000 |
| Marine Corps Air Station New River | $240,084,000 | |
| Marine Corps Base Camp Lejeune | $54,122,000 | |
| Pennsylvania | Naval Surface Warfare Center Philadelphia Division | $92,547,000 |
| South Carolina | Marine Corps Recruit Depot Parris Island | $166,930,000 |
| Virginia | Naval Station Norfolk | $19,224,000 |
| Naval Surface Warfare Center Dahlgren Division | $2,853,000 | |
| Washington | Naval Air Station Whidbey Island | $120,340,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Australia | Royal Australian Air Force Base Darwin | $258,831,000 |
| Djibouti | Camp Lemonnier | $122,107,000 |
| Japan | Kadena Air Base | $222,756,000 |
| Spain | Naval Station Rota | $92,323,000 |
SEC. 2202. Family Housing.
Construction and Acquisition.— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units or for the purposes, and in the amounts set forth in the following table:
| Location | Installation | Units or Purpose | Amount |
|---|---|---|---|
| Guam | Naval Support Activity Anderson | Family housing new construction | $289,776,000 |
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 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $74,540,000.
Planning and Design.— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $14,123,000.
SEC. 2203. Authorization of Appropriations, Navy.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2204. Extension of Authority to Carry Out Certain Fiscal Year 2018 Project.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in subsection (a), as provided in section 2201(a) of that Act (131 Stat. 1822), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Guam | Joint Region Marianas | Navy-Commercial Tie-in Hardening | $37,180,000 |
SEC. 2205. Transfer of Customers from Navy Electrical Utility System at Former Naval Air Station Barber’s Point, Hawaii, to New Electrical System in Kalaeloa, Hawaii.
In General.— Subject to the availability of appropriations for such purpose, the Secretary of the Navy shall pay the reasonable costs to transfer all customers off of the electrical utility system of the Navy located at former Naval Air Station Barber’s Point, Hawaii, to the new electrical system in Kalaeloa, Hawaii, operated by Hawaiian Electric.
Cooperative Agreement or Other Instrument.— The Secretary of the Navy may enter into a cooperative agreement or other appropriate instrument with a third party—
to make amounts available to pay the reasonable costs of transfers described in subsection (a); and
to reimburse the third party for the reasonable costs that it may incur to carry out paragraph (1).
Facilitation of Transfer.— To facilitate the transfer of customers described in subsection (a), the Secretary of the Navy shall provide the following to the State of Hawaii:
A load analysis and design necessary to complete such transfer.
Such rights of way and easements as may be necessary to support the construction of replacement electrical infrastructure.
Disposal of Navy Electrical System.— Subject to the availability of appropriations for such purpose, after all customers have been transferred as required under subsection (a), the Secretary of the Navy may dispose of the electrical system of the Navy located at former Naval Air Station Barber’s Point, Hawaii.
TITLE XXIII Air Force Military Construction
SEC. 2301. Authorized Air Force Construction and Land Acquisition Projects.
Inside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Alabama | Maxwell Air Force Base | $15,000,000 |
| Alaska | Clear Space Force Station | $72,080,000 |
| Joint Base Elmendorf-Richardson | $5,200,000 | |
| Arizona | Davis-Monthan Air Force Base | $7,500,000 |
| California | Travis Air Force Base | $7,500,000 |
| Vandenberg Space Force Base | $136,000,000 | |
| Florida | Patrick Space Force Base | $97,000,000 |
| Hawaii | Air Force Research Laboratory - Maui Experimental Site #1 | $89,000,000 |
| Illinois | Scott Air Force Base | $19,893,000 |
| New York | Air Force Research Laboratory - Rome Research Site | $4,200,000 |
| Ohio | Wright Patterson Air Force Base | $29,000,000 |
| Oklahoma | Altus Air Force Base | $4,750,000 |
| Tinker Air Force Base | $252,016,000 | |
| South Carolina | Shaw Air Force Base | $15,000,000 |
| South Dakota | Ellsworth Air Force Base | $335,900,000 |
| Tennessee | Arnold Air Force Base | $46,000,000 |
| Texas | Joint Base San Antonio-Randolph | $29,000,000 |
| Utah | Hill Air Force Base | $96,900,000 |
| Washington | Fairchild Air Force Base | $8,000,000 |
| Wyoming | F.E. Warren Air Force Base | $241,920,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Hungary | Pápa Air Base | $75,260,000 |
| Iceland | Naval Air Station Keflavik | $102,500,000 |
| Italy | Aviano Air Base | $51,615,000 |
| Japan | Kadena Air Base | $307,000,000 |
| Jordan | Muwaffaq Salti Air Base | $53,000,000 |
| Norway | Rygge Air Station | $9,700,000 |
| Spain | Moron Air Base | $32,500,000 |
SEC. 2302. Family Housing.
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 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $233,858,000.
Planning and Design.— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $17,730,000.
SEC. 2303. Authorization of Appropriations, Air Force.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2304. Extension of Authority to Carry Out Certain Fiscal Year 2018 Projects.
Extension.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2301(a) of that Act (131 Stat. 1825), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| State | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Florida | Tyndall Air Force Base | Fire Station | $17,000,000 |
| Texas | Joint Base San Antonio | BMT Classrooms/Dining | $38,000,000 |
| Joint Base San Antonio | Camp Bullis Dining Facility | $18,500,000 | |
| Wyoming | F. E. Warren Air Force Base | Consolidated Helo/TRF Ops/AMU and Alert Fac. | $62,000,000 |
Overseas Contingency Operations.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (131 Stat. 1876), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Hungary | Kecskemet Air Base | ERI: Airfield Upgrades | $12,900,000 |
| Kecskemet Air Base | ERI: Construct Parallel Taxiway | $30,000,000 | |
| Kecskemet Air Base | ERI: Increase POL Storage Capacity | $12,500,000 | |
| Luxembourg | Sanem | ERI: ECAOS Deployable Airbase System Storage | $67,400,000 |
| Slovakia | Malacky | ERI: Airfield Upgrades | $4,000,000 |
| Malacky | ERI: Increase POL Storage Capacity | $20,000,000 | |
| ERI: Airfield Upgrades | Construct Combat Arms Training and Maintenance Facility | $22,000,000 |
SEC. 2305. Modification of Authority to Carry Out Certain Fiscal Year 2021 Project.
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4299) for Hill Air Force Base, Utah, for construction of GBSD Organic Software Sustainment Center, the Secretary of the Air Force may construct—
up to 7,526 square meters of Surface Parking Lot in lieu of constructing a 13,434 square meters vehicle parking garage; and
up to 402 square meters of Storage Igloo.
SEC. 2306. Modification of Authority to Carry Out Certain Military Construction Projects at Tyndall Air Force Base, Florida.
In the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1913) for Tyndall Air Force Base, Florida—
for construction of Lodging Facilities Phases 1-2, as specified in such funding table and modified by section 2306(a)(7) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct two emergency backup generators;
for construction of Dorm Complex Phases 1-2, as specified in such funding table and modified by section 2306(a)(8) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct an emergency backup generator;
for construction of Site Development, Utilities, and Demo Phase 2, as specified in such funding table and modified by section 2306(a)(6) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct—
up to 6,248 lineal meters of storm water utilities;
up to 55,775 square meters of roads;
up to 4,334 lineal meters of gas pipeline; and
up to 28,958 linear meters of electrical;
for construction of Tyndall AFB Gate Complex, as specified in such funding table and modified by section 2306(a)(9) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct up to 55,694 square meters of roadway with serpentines; and
for construction of Deployment Center/Flight Line Dining/AAFES, as specified in such funding table and modified by section 2306(a)(11) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4303), the Secretary of the Air Force may construct up to 164 square meters of AAFES (Shoppette).
TITLE XXIV Defense Agencies Military Construction
SEC. 2401. Authorized Defense Agencies Construction and Land Acquisition Projects.
Inside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Alabama | Redstone Arsenal | $151,000,000 |
| California | Naval Base Coronado | $75,712,000 |
| Florida | Hurlburt Field | $9,100,000 |
| MacDill Air Force Base | $50,000,000 | |
| North Carolina | Fort Bragg | $34,470,000 |
| Texas | Joint Base San Antonio | $58,600,000 |
| Virginia | Dam Neck | $26,600,000 |
| Pentagon | $18,000,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Germany | Baumholder | $184,723,000 |
| Wiesbaden | $104,779,000 | |
| Japan | Yokota Air Base | $72,154,000 |
SEC. 2402. Authorized Energy Resilience and Conservation Investment Program Projects.
Inside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State or Territory | Installation or Location | Amount |
|---|---|---|
| Alabama | Redstone Arsenal | $10,700,000 |
| California | Marine Corps Mountain Warfare Training Center | $30,672,000 |
| Naval Base Ventura County | $16,032,000 | |
| Florida | Naval Air Station Jacksonville | $2,880,000 |
| Patrick Space Force Base | $15,700,000 | |
| Georgia | Fort Stewart-Hunter Army Airfield | $25,400,000 |
| Naval Submarine Base Kings Bay | $13,440,000 | |
| Guam | Naval Base Guam | $34,360,000 |
| Hawaii | Joint Base Pearl Harbor-Hickam | $30,000,000 |
| Kansas | Fort Riley | $25,780,000 |
| Maryland | National Security Agency-Washington, Fort Meade | $23,310,000 |
| Texas | Fort Hood | $31,500,000 |
| U.S. Army Reserve Center, Conroe | $9,600,000 | |
| Virginia | National Geospatial-Intelligence Agency Campus East, Fort Belvoir | $1,100,000 |
| Naval Support Activity Hampton Roads | $26,880,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Djibouti | Camp Lemonnier | $28,800,000 |
| Japan | Kadena Air Base | $780,000 |
| Kuwait | Camp Arifjan | $26,850,000 |
SEC. 2403. Authorization of Appropriations, Defense Agencies.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2404. Extension of Authority to Carry Out Certain Fiscal Year 2018 Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2401(b) of that Act (131 Stat. 1829), for the projects specified in that table shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Japan | Iwakuni | Construct Bulk Storage Tanks PH 1 | $30,800,000 |
| Puerto Rico | USCG Station; Punta Borinquen | Ramey Unit School Replacement | $61,071,000 |
TITLE XXV International Programs
Subtitle A North Atlantic Treaty Organization Security Investment Program
SEC. 2501. Authorized Nato Construction and Land Acquisition Projects.
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
SEC. 2502. Authorization of Appropriations, Nato.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.
Subtitle B Host Country In-Kind Contributions
SEC. 2511. Republic of Korea Funded Construction Projects.
Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table:
| Component | Installation or Location | Project | Amount |
|---|---|---|---|
| Army | Camp Humphreys | Quartermaster Laundry/Dry Cleaner Facility | $24,000,000 |
| Army | Camp Humphreys | MILVAN CONNEX Storage Yard | $20,000,000 |
| Navy | Camp Mujuk | Replace Ordnance Storage Magazines | $150,000,000 |
| Navy | Fleet Activities Chinhae | Water Treatment Plant Relocation | $6,000,000 |
| Air Force | Gimhae Air Base | Refueling Vehicle Shop | $8,800,000 |
| Air Force | Osan Air Base | Combined Air and Space Operations Intelligence Center | $306,000,000 |
| Air Force | Osan Air Base | Upgrade Electrical Distribution West, Phase 3 | $235,000,000 |
SEC. 2512. Repeal of Authorized Approach to Certain Construction Project.
TITLE XXVI Guard and Reserve Forces Facilities
SEC. 2601. Authorized Army National Guard Construction and Land Acquisition Projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
| State or Territory | Location | Amount |
|---|---|---|
| Alaska | Joint Base Elmendorf-Richardson | $63,000,000 |
| Arkansas | Camp Robinson | $9,500,000 |
| Delaware | River Road Training Site | $16,000,000 |
| Florida | Camp Blanding | $24,700,000 |
| Gainesville | $21,000,000 | |
| Palm Coast Flagler RC FMS 9 | $12,000,000 | |
| Hawaii | Kalaeloa | $29,000,000 |
| Indiana | Atlanta Readiness Center | $20,000,000 |
| Iowa | West Des Moines Armory | $15,000,000 |
| Michigan | Grayling Airfield | $16,000,000 |
| Minnesota | New Ulm Armory and FMS | $17,000,000 |
| Nevada | Harry Reid Training Center | $18,000,000 |
| New York | Glenmore RD Armory/FMS 17 | $17,000,000 |
| North Carolina | McLeansville Camp Burton Road | $15,000,000 |
| Oregon | Camp Umatilla | $14,243,000 |
| Puerto Rico | Arroyo Readiness Center | $46,602,000 |
| Camp Santiago Joint Maneuver Training Center | $136,500,000 | |
| West Virginia | Buckhannon Brushy Fork | $14,000,000 |
| Wyoming | Camp Guernsey | $19,500,000 |
| TS NG Sheridan | $14,800,000 |
SEC. 2602. Authorized Army Reserve Construction and Land Acquisition Projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State or Territory | Location | Amount |
|---|---|---|
| California | Camp Pendleton | $13,000,000 |
| Florida | Perrine | $46,000,000 |
| Ohio | Wright-Patterson Air Force Base | $16,000,000 |
| Puerto Rico | Fort Buchanan | $24,000,000 |
| Washington | Yakima | $22,000,000 |
| Wisconsin | Fort McCoy | $64,000,000 |
SEC. 2603. Authorized Navy Reserve and Marine Corps Reserve Construction and Land Acquisition Projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
|---|---|---|
| Hawaii | Marine Corps Base Kaneohe Bay | $116,964,000 |
| Michigan | Marine Forces Reserve Battle Creek | $27,702,000 |
| Virginia | Marine Forces Reserve Dam Neck Virginia Beach | $11,856,000 |
SEC. 2604. Authorized Air National Guard Construction and Land Acquisition Projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
|---|---|---|
| Alabama | Montgomery Regional Airport | $9,200,000 |
| Arizona | Morris Air National Guard Base | $12,000,000 |
| Tucson International Airport | $11,700,000 | |
| Florida | Jacksonville International Airport | $30,000,000 |
| Indiana | Fort Wayne International Airport | $16,500,000 |
| Ohio | Rickenbacker Air National Guard Base | $8,000,000 |
| Rhode Island | Quonset State Airport | $46,000,000 |
| Tennessee | McGhee-Tyson Airport | $31,000,000 |
| West Virginia | McLaughlin Air National Guard Base | $12,500,000 |
SEC. 2605. Authorized Air Force Reserve Construction and Land Acquisition Projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
|---|---|---|
| Arizona | Davis-Monthan Air Force Base | $8,000,000 |
| Mississippi | Keesler Air Force Base | $10,000,000 |
| Oklahoma | Tinker Air Force Base | $12,500,000 |
| Virginia | Langley Air Force Base | $10,500,000 |
SEC. 2606. Authorization of Appropriations, National Guard and Reserve.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
SEC. 2607. Corrections to Authority to Carry Out Certain Fiscal Year 2022 Projects.
The authorization table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2178) is amended—
in the item relating to Redstone Arsenal, Alabama, by striking “ Redstone Arsenal” and inserting “ Huntsville Readiness Center”;
in the item relating to Jerome National Guard Armory, Idaho, by striking “ Jerome National Guard Armory” and inserting “ Jerome County Regional Site”;
in the item relating to Nickell Memorial Armory Topeka, Kansas, by striking “ Nickell Memorial Armory Topeka” and inserting “ Topeka Forbes Field”;
in the item relating to Lake Charles National Guard Readiness Center, Louisiana, by striking “ Lake Charles National Guard Readiness Center” and inserting “ Lake Charles Chennault Airport NGLA”;
in the item relating to Camp Grayling, Michigan, by striking “ Camp Grayling” and inserting “ Grayling Airfield”;
in the item relating to Butte Military Entrance Testing Site, Montana, by striking “ Butte Military Entrance Testing Site” and inserting “ Silver Bow Readiness Center Land”;
in the item relating to Mead Army National Guard Readiness Center, Nebraska, by striking “ Mead Army National Guard Readiness Center” and inserting “ Mead TS/FMS 06/Utes 02”;
in the item relating to Dickinson National Guard Armory, North Dakota, by striking “ Dickinson National Guard Armory” and inserting “ Dickinson Complex”;
in the item relating to Bennington National Guard Armory, Vermont, by striking “ Bennington National Guard Armory” and inserting “ Bennington”; and
in the item relating to Camp Ethan Allen Training Site, Vermont, by striking “ Camp Ethan Allen Training Site” and inserting “ National Guard Ethan Allen Air Force Base Training Site”.
SEC. 2608. Extension of Authority to Carry Out Certain Fiscal Year 2018 Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in subsection (b), as provided in section 2604 of that Act (131 Stat. 1836), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Indiana | Hulman Regional Airport | Construct Small Arms Range | $8,000,000 |
| South Dakota | Joe Foss Field | Aircraft Maintenance Shops | $12,000,000 |
| Wisconsin | Dane County Regional/Airport Truax Field | Construct Small Arms Range | $8,000,000 |
TITLE XXVII Base Realignment and Closure Activities
SEC. 2701. Authorization of Appropriations for Base Realignment and Closure Activities Funded Through Department of Defense Base Closure Account.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.
SEC. 2702. Authorization to Fund Certain Demolition and Removal Activities Through Department of Defense Base Closure Account.
In General.— Section 2906(c)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note) is amended by adding at the end the following new subparagraph:
“(E) To carry out the demolition or removal of any building or structure under the control of the Secretary of the Navy that is not designated as historic under a Federal, State, or local law and is located on a military installation closed or realigned under a base closure law (as such term is defined in section 101 of title 10, United States Code) at which the sampling or remediation of radiologically contaminated materials has been the subject of substantiated allegations of fraud, without regard to—
“(i) whether the building or structure is radiologically impacted; or
“(ii) whether such demolition or removal is carried out, as part of a response action or otherwise, under the Defense Environmental Restoration Program specified in subparagraph (A) or CERCLA (as such term is defined in section 2700 of title 10, United States Code).”
Funding.— The amendment made by this section may only be carried out using funds authorized to be appropriated in the table in section 4601.
SEC. 2703. Prohibition on Conducting Additional Base Realignment and Closure (brac) Round.
Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.
TITLE XXVIII Military Construction General Provisions
Subtitle A Military Construction Program
SEC. 2801. Temporary Increase of Amounts in Connection with Authority to Carry Out Unspecified Minor Military Construction.
For the period beginning on the date of the enactment of this Act and ending on December 1, 2025, section 2805 of title 10, United States Code, shall be applied and administered—
in subsection (a)(2), by substituting “$9,000,000” for “$6,000,000”;
in subsection (c), by substituting “$4,000,000” for “$2,000,000”;
in subsection (d)—
in paragraph (1)—
in subparagraph (A), by substituting “$9,000,000” for “$6,000,000”; and
in subparagraph (B), by substituting “$9,000,000” for “$6,000,000”; and
in paragraph (2), by substituting “$9,000,000” for “$6,000,000”; and
in subsection (f)(1), by substituting “$14,000,000” for “$10,000,000”.
SEC. 2802. Modification of Annual Locality Adjustment of Dollar Thresholds Applicable to Unspecified Minor Military Construction Authorities.
Section 2805(f)(2) of title 10, United States Code, as amended by this Act, is further amended—
by striking “ or the Commonwealth” and inserting “ Wake Island, the Commonwealth”; and
by inserting “ , or a former United States Trust Territory now in a Compact of Free Association with the United States” after “ Mariana Islands”.
SEC. 2803. Permanent Authority for Defense Laboratory Modernization Program.
In General.— Section 2805 of title 10, United States Code, as amended by this Act, is further amended by adding at the end the following new subsection:
“(g) Defense Laboratory Modernization Program.—
(1) Using amounts appropriated or otherwise made available to the Department of Defense for research, development, test, and evaluation, the Secretary of Defense may fund a military construction project described in paragraph (4) at any of the following:
“(A) A Department of Defense science and technology reinvention laboratory (as designated under section 4121(b) of this title).
“(B) A Department of Defense federally funded research and development center that functions primarily as a research laboratory.
“(C) A Department of Defense facility in support of a technology development program that is consistent with the fielding of offset technologies as described in section 218 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note 4811).
“(D) A Department of Defense research, development, test, and evaluation facility that is not designated as a science and technology reinvention laboratory, but nonetheless is involved with developmental test and evaluation.
“(2) Subject to the condition that a military construction project under paragraph (1) be authorized in a Military Construction Authorization Act, the authority to carry out the military construction project includes authority for—
“(A) surveys, site preparation, and advanced planning and design;
“(B) acquisition, conversion, rehabilitation, and installation of facilities;
“(C) acquisition and installation of equipment and appurtenances integral to the project; acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project; and
“(D) planning, supervision, administration, and overhead expenses incident to the project.
“(3)
(A) The Secretary of Defense shall include military construction projects proposed to be carried out under paragraph (1) in the budget justification documents for the Department of Defense submitted to Congress in connection with the budget for a fiscal year submitted under 1105 of title 31.
“(B) Not less than 14 days prior to the first obligation of funds described in paragraph (1) for a military construction project to be carried out under such paragraph, the Secretary of Defense shall submit to the congressional defense committees a notification providing an updated construction description, cost, and schedule for the project and any other matters regarding the project as the Secretary considers appropriate.
“(4) The authority provided by paragraph (1) to fund military construction projects using amounts appropriated or otherwise made available for research, development, test, and evaluation is limited to military construction projects that the Secretary of Defense, in the budget justification documents exhibits submitted pursuant to paragraph (3)(A), determines—
“(A) will support research and development activities at laboratories described in paragraph (1);
“(B) will establish facilities that will have significant potential for use by entities outside the Department of Defense, including universities, industrial partners, and other Federal agencies;
“(C) are endorsed for funding by more than one military department or Defense Agency; and
“(D) cannot be fully funded within the thresholds otherwise specified in this section.
“(5) The maximum amount of funds appropriated or otherwise made available for research, development, test, and evaluation that may be obligated in any fiscal year for military construction projects under paragraph (1) is $150,000,000.
“(6)
(A) In addition to the authority provided to the Secretary of Defense under paragraph (1) to use amounts appropriated or otherwise made available for research, development, test, and evaluation for a military construction project referred to in such subsection, the Secretary of the military department concerned may use amounts appropriated or otherwise made available for research, development, test, and evaluation to obtain architectural and engineering services and to carry out construction design in connection with such a project.
“(B) In the case of architectural and engineering services and construction design to be undertaken under this paragraph for which the estimated cost exceeds $1,000,000, the Secretary concerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services before the initial obligation of funds for such services. The Secretary may then obligate funds for such services only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title.”
Applicability.— Subsection (g) of section 2805 of title 10, United States Code, as added by subsection (a), shall apply with respect only to amounts appropriated after the date of the enactment of this Act.
Conforming Repeal.— Section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 4121) is repealed.
SEC. 2804. Elimination of Sunset of Authority to Conduct Unspecified Minor Military Construction for Lab Revitalization.
Section 2805(d) of title 10, United States Code, as amended by this Act, is further amended by striking paragraph (5).
SEC. 2805. Military Construction Projects for Innovation, Research, Development, Test, and Evaluation.
In General.— Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2809 the following new section:
Ҥ 2810. Military construction projects for innovation, research, development, test, and evaluation
“(a) Project Authorization Required.—The Secretary of Defense may carry out such military construction projects for innovation, research, development, test, and evaluation as are authorized by law, using funds appropriated or otherwise made available for that purpose.
“(b) Submission of Project Proposals.—As part of the defense budget materials for each fiscal year, the Secretary of Defense shall include the following information for each military construction project covered by subsection (a):
“(1) The project title.
“(2) The location of the project.
“(3) A brief description of the scope of work.
“(4) A completed Department of Defense Form 1391 budget justification that includes the original project cost estimate.
“(5) A current working cost estimate, if different that the cost estimate contained in such Form 1391.
“(6) Such other information as the Secretary considers appropriate.
“(c) Budget Justification Display.—The Secretary of Defense shall include with the defense budget materials for each fiscal year a consolidated budget justification display that individually identifies each military construction project covered by subsection (a) and the amount requested for such project for such fiscal year.
“(d) Application to Military Construction Projects.—This section shall apply to military construction projects covered by subsection (a) for which a Department of Defense Form 1391 is submitted to the appropriate committees of Congress in connection with the budget of the Department of Defense for fiscal year 2023 and thereafter.”
Clerical Amendment.— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2809 the following new item:
“2810. Military construction projects for innovation, research, development, test, and evaluation.”.
SEC. 2806. Supervision of Large Military Construction Projects.
Supervision of Large Military Construction Projects.— Section 2851 of title 10, United States Code, is amended—
by redesignating subsection (d) as subsection (e); and
by inserting after subsection (c) the following new subsection:
“(d) Report on Supervision of Large Military Construction Projects.—Before the award of a contract of a value greater than $500,000,000 in connection with a military construction project, the individual directing and supervising such military construction project under subsection (a) or the individual designated pursuant to subsection (b) (as applicable) shall submit to the appropriate committees of Congress a report on the intended supervision, inspection, and overhead plan to manage such military construction project. Each such report shall include the following:
“(1) A determination of the overall funding intended to manage the supervision, inspection, and overhead of the military construction project.
“(2) An assessment of whether a Department of Defense Field Activity directly reporting to such individual should be established.
“(3) A description of the quality assurance approach to the military construction project.
“(4) The independent cost estimate described in section 3221(b)(6)(A) of this title.
“(5) The overall staffing approach to oversee the military construction project for each year of the contract term.”
Conforming Amendment to Duties of the Director of Cost Assessment and Program Evaluation.— Section 3221(b)(6)(A) of title 10, United States Code, is amended—
in clause (iii), by striking “ and” at the end; and
by adding at the end the following new clause:
“(v) any decision to enter into a contract in connection with a military construction project of a value greater than $500,000,000; and”
Applicability.— This section and the amendments made by this section shall apply to contracts entered into on or after the date of the enactment of this Act.
SEC. 2807. Specification of Assistant Secretary of Defense for Energy, Installations, and Environment as Chief Housing Officer.
Subsection (a) of section 2851a of title 10, United States Code, is amended to read as follows:
“(a) In General.—The Assistant Secretary of Defense for Energy, Installations, and Environment shall serve as the Chief Housing Officer, who shall oversee family housing and military unaccompanied housing under the jurisdiction of the Department of Defense or acquired or constructed under subchapter IV of this chapter (in this section referred to as ‘covered housing units’).”
SEC. 2808. Clarification of Exceptions to Limitations on Cost Variations for Military Construction Projects and Military Family Housing Projects.
Subparagraph (D) of section 2853(c)(1) of title 10, United States Code, is amended to read as follows:
“(D) The Secretary concerned may not use the authority provided by subparagraph (A) to waive the cost limitation applicable to a military construction project with a total authorized cost greater than $500,000,000 or a military family housing project with a total authorized cost greater than $500,000,000 if that waiver would increase the project cost by more than 50 percent of the total authorized cost of the project.”
SEC. 2809. Use of Operation and Maintenance Funds for Certain Construction Projects Outside the United States.
Permanent Authority.— Section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2806 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2190), is further amended—
in subsection (a)—
by striking “ , inside the area of responsibility of the United States Central Command or certain countries in the area of responsibility of the United States Africa Command,”;
by inserting “ outside the United States” after “ construction project”; and
in paragraph (2), by striking “ , unless the military installation is located in Afghanistan, for which projects using this authority may be carried out at installations deemed as supporting a long-term presence”; and
in subsection (c)(1), by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.
Conforming Amendments.— Such section is further amended—
in subsection (b), by striking “ subsection (f)” and inserting “ subsection (d)”;
by striking subsection (e);
by redesignating subsections (f) and (g) as subsections (d) and (e), respectively;
in subsection (e), as so redesignated, by striking “ subsection (f)” and inserting “ subsection (d)”; and
by striking subsections (h) and (i).
Clerical Amendments.— Such section is further amended as follows:
The section heading for such section is amended—
by striking “ temporary, limited authority” and inserting “ authority” ; and
by inserting “ certain” before “ construction projects”.
The subsection heading for subsection (a) of such section is amended by striking “ Temporary Authority” and inserting “ In General”.
Classification.— The Law Revision Counsel is directed to classify 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 subsection (a), as a note following section 2804 of title 10, United States Code.
SEC. 2810. Consideration of Installation of Integrated Solar Roofing to Improve Energy Resiliency of Military Installations.
The Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that planning and design for military construction projects inside the United States include consideration of the feasibility and cost-effectiveness of installing integrated solar roofing as part of the project, for the purpose of—
promoting on-installation energy security and energy resilience;
providing grid support to avoid energy disruptions; and
facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10, United States Code.
SEC. 2811. Revision of Unified Facilities Guide Specifications and Unified Facilities Criteria to Include Specifications on Use of Gas Insulated Switchgear and Criteria and Specifications on Microgrids and Microgrid Converters.
Gas Insulated Switchgear.— Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall modify the Unified Facilities Guide Specifications to include a distinct specification for medium voltage gas insulated switchgear.
Microgrids.— Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall—
modify the Unified Facilities Criteria to include criteria for microgrids; and
modify the Unified Facilities Guide Specifications to include specifications for microgrids and microgrid controllers.
SEC. 2812. Determination and Notification Relating to Executive Orders That Impact Cost and Scope of Work of Military Construction Projects.
Determination and Update of Form 1391.— Not later than 30 days after the date on which an Executive order is signed by the President, the Secretary concerned shall—
determine whether implementation of the Executive order would cause a cost or scope of work variation for a military construction project under the jurisdiction of the Secretary concerned;
assess the potential for life-cycle cost savings associated with implementation of the Executive order for such a project; and
update the Department of Defense Form 1391 for each such project that has not been submitted for congressional consideration, where such implementation would affect such cost or scope of work variation, including—
projects to be commenced in the next fiscal year beginning after the date on which the Executive order was signed; and
projects covered by the future-years defense program submitted under section 221 of title 10, United States Code.
Notification to Congress.— Not later than 10 days after determining under subsection (a)(1) that implementation of an Executive order would cause a cost or scope of work variation for a military construction project, the Secretary concerned shall submit to the congressional defense committees a report indicating the estimated cost increases, scope of work increases, life-cycle costs, and any other impacts of such implementation.
Certification.— Along with the submission to Congress of the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code, each Secretary concerned shall certify to Congress that each Department of Defense Form 1391 provided to Congress for that fiscal year for a military construction project has been updated with any cost or scope of work variation specified in subsection (a)(1) with respect to an Executive order signed during the four-year period preceding such certification, including an indication of any cost increases for such project that is directly attributable to such Executive order.
Secretary Concerned Defined.— In this section, the term “Secretary concerned” has the meaning given that term in section 101 of title 10, United States Code.
SEC. 2813. Requirement for Inclusion of Department of Defense Forms 1391 with Annual Budget Submission by President.
Concurrently with the submission to Congress by the President of the annual budget of the Department of Defense for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include each Department of Defense Form 1391, or successor similar form, for a military construction project to be carried out during that fiscal year.
SEC. 2814. Use of Integrated Project Delivery Contracts.
In General.— In fiscal year 2023, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall each enter into at least one integrated project delivery contract for the delivery of a military construction project.
Integrated Project Delivery Contract Defined.— In this section, the term “integrated project delivery contract” means a single contract for the delivery of a whole project that—
includes, at a minimum, the Secretary concerned, builder, and architect-engineer as parties that are subject to the terms of the contract;
aligns the interests of all the parties to the contract with respect to the project costs and project outcomes; and
includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs and project outcomes.
Subtitle B Military Housing Reforms
SEC. 2821. Standardization of Military Installation Housing Requirements and Market Analyses.
In General.— Subchapter II of chapter 169 of title 10, United States Code, is amended by inserting after section 2836 the following new section:
Ҥ 2837. Housing Requirements and Market Analysis
“(a) In General.—Not less frequently than once every five years and in accordance with the requirements of this section, the Secretary concerned shall conduct a Housing Requirements and Market Analysis (in this section referred to as an ‘HRMA’) for each military installation under the jurisdiction of the Secretary concerned that is located in the United States.
“(b) Prioritization of Installations.—
“(1) In general.—Except as provided in paragraph (2), the Secretary concerned shall prioritize the conduct of HRMAs for military installations—
“(A) for which an HRMA has not been conducted during the five-year period preceding the date of the enactment of this section; or
“(B) in locations with housing shortages.
“(2) Existing 5-year requirement.—Paragraph (1) shall not apply to a military department that required an HRMA to be conducted for each military installation not less frequently than once every five years before the date of the enactment of this section.
“(c) Submittal to Congress.—The Secretary of Defense shall include with the budget materials for the Department of Defense for fiscal year 2024 and each subsequent fiscal year (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a list of the military installations for which the Secretary concerned plans to conduct an HRMA during the fiscal year covered by such budget materials.
“(d) Housing Requirements and Market Analysis.—The term ‘Housing Requirements and Market Analysis’or ‘HRMA’ means, with respect to a military installation, a structured analytical process under which an assessment is made of both the suitability and availability of the private sector rental housing market using assumed specific standards related to affordability, location, features, physical condition, and the housing requirements of the total military population of such installation.”
Time Frame.—
In general.— During each of fiscal years 2023 through 2027, the Secretary concerned shall conduct an HRMA for 20 percent of the military installations under the jurisdiction of the Secretary concerned located in the United States.
Submittal of information to congress.— Not later than January 15, 2023, the Secretary concerned shall submit to the congressional defense committees a list of military installations for which the Secretary concerned plans to conduct an HRMA during fiscal year 2023.
Definitions.— In this section:
The term “HRMA” means, with respect to a military installation, a structured analytical process under which an assessment is made of both the suitability and availability of the private sector rental housing market using assumed specific standards related to affordability, location, features, physical condition, and the housing requirements of the total military population of such installation.
The term “military installation” has the meaning given in section 2801 of title 10, United States Code.
The term “Secretary concerned” has the meaning given that term in section 101(a) of title 10, United States Code.
SEC. 2822. Notice Requirement for Mhpi Ground Lease Extensions.
Section 2878 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(f) Notice of Lease Extensions.—
(1) The Secretary concerned shall provide to the congressional defense committees notice in writing and a briefing—
“(A) not later than 60 days after beginning negotiations with a lessor for the extension of the term of any ground lease of property or facilities under this section; and
“(B) not later than 90 days before extending the term of any ground lease of property or facilities under this section.
“(2) A notice and briefing required under paragraph (1) shall include each of the following:
“(A) A description of any material differences between the extended ground lease and the original ground lease, including with respect to—
“(i) the length of the term of the lease, as extended; and
“(ii) any new provisions that materially affect the rights and responsibilities of the ground lessor or the ground lessee under the original ground lease.
“(B) The number of housing units or facilities subject to the ground lease that, during the lease extension, are to be—
“(i) constructed;
“(ii) demolished; or
“(iii) renovated.
“(C) The source of any additional financing the lessor has obtained, or intends to obtain, during the term of the ground lease extension that will be used for the development of the property or facilities subject to the ground lease.
“(D) The following information, displayed annually, for the five-year period preceding the date of the notice and briefing:
“(i) The debt-to-net operating income ratio for the property or facility subject to the ground lease.
“(ii) The occupancy rates for the housing units subject to the ground lease.
“(iii) An report on maintenance response times and completion of maintenance requests for the housing units subject to the ground lease.
“(iv) The occupancy rates and debt-to-net operating income ratios of any other military privatized housing initiative projects managed by a company that controls, or that is under common control with, the ground lessee entering into the lease extension.”
SEC. 2823. Annual Briefings on Military Housing Privatization Projects.
Section 2884 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d) Annual Briefings.—Not later than February 1 of each year, each Secretary concerned shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on military housing privatization projects under the jurisdiction of the Secretary. Such briefing shall include, for the 12-month period preceding the date of the briefing, each of the following:
“(1) The information described in paragraphs (1) through (14) of subsection (c) with respect to all military housing privatization projects under the jurisdiction of the Secretary.
“(2) A review of any such project that is expected to require the restructuring of a loan, including any public or private loan.
“(3) For any such project expected to require restructuring, a timeline for when such restructuring is expected to occur.
“(4) Such other information as the Secretary determines appropriate.”
SEC. 2824. Mold Inspection of Vacant Housing Units.
Section 2891a of title 10, United States Code, is amended—
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following new subsection (e):
“(e) Requirements for Secretary Concerned.—The Secretary concerned shall be responsible for—
“(1) providing for a mold inspection of each vacant housing unit before any new tenant moves into the unit; and
“(2) providing to the new tenant the results of the inspection.”
SEC. 2825. Implementation of Recommendations from Audit of Medical Conditions of Residents in Privatized Military Housing.
Not later than March 1, 2023, the Secretary of Defense shall implement the recommendations contained in the report of the Inspector General of the Department of Defense published on April 1, 2022, and titled “Audit of Medical Conditions of Residents in Privatized Military Housing” (DODIG–2022–078).
Subtitle C Real Property and Facilities Administration
SEC. 2831. Authorized Land and Facilities Transfer to Support Contracts with Federally Funded Research and Development Centers.
In General.— Chapter 159 of title 10, United States Code, is amended by inserting after section 2668a the following new section:
Ҥ 2669. Transfer of land and facilities to support contracts with federally funded research and development centers
“(a) Lease of Land, Facilities, and Improvements.—
(1) The Secretary of a military department may lease, for no consideration, land, facilities, infrastructure, and improvements to a covered FFRDC if the lease is to further the purposes of a contract between the Department of Defense and the covered FFRDC.
“(2) A lease entered into under paragraph (1) shall terminate on the earlier of the following dates:
“(A) The date that is 50 years after the date on which the Secretary enters into the lease.
“(B) The date of the termination or non-renewal of the contract between the Department of Defense and the covered FFRDC related to the lease.
“(b) Conveyance of Facilities and Improvements.—
(1) The Secretary of a military department may convey, for no consideration, ownership of facilities and improvements located on land leased to a covered FFRDC to further the purposes of a contract between the Department of Defense and the covered FFRDC.
“(2) The ownership of any facilities and improvements conveyed by the Secretary of a military department or any improvements made to the leased land by the covered FFRDC under this subsection shall, as determined by the Secretary of a military department, revert or transfer to the United States upon the termination or non-renewal of the underlying land lease.
“(3) Any facilities and improvements conveyed by the Secretary of a military department shall be demolished by the covered FFDRC as determined by such Secretary.
“(c) Construction Standards.—A lease entered into under this section may provide that any facilities constructed on the leased land may be constructed using commercial standards in a manner that provides force protection safeguards appropriate to the activities conducted in, and the location of, such facilities.
“(d) Inapplicability of Certain Property Management Laws.—
(1) The conveyance or lease of property or facilities, improvements, and infrastructure under this section shall not be subject to the following provisions of law:
“(A) Section 2667 of this title.
“(B) Section 1302 of title 40.
“(C) Section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).
“(2) Sections 2662 and 2802 of this title shall not apply to any improvements or facilities constructed by the covered FFRDC on land leased or conveyed to a covered FFRDC described in subsection (a) or (b).
“(e) Competitive Procedures for Selection of Certain Lessees; Exception.—If a proposed lease under this section is with respect to a covered FFRDC, the use of competitive procedures for the selection of the lessee is not required and the provisions of chapter 33 of title 41, United States Code, or chapter 221 of title 10, United States Code, and the related provisions of the Federal Acquisition Regulation shall not apply.
“(f) Covered FFRDC Defined.—In this section, the term ‘covered FFRDC’ means a federally funded research and development center that is sponsored by, and has entered into a contract with, the Department of Defense.”
Clerical Amendment.— The table of sections for chapter 159 of title 10, United States Code, is amended by inserting after the item relating to section 2668a and inserting the following new item:
“2669. Transfer of land and facilities to support contracts with federally funded research and development centers.”.
SEC. 2832. Limitation on Use of Funds Pending Completion of Military Installation Resilience Component of Master Plans for At-Risk Major Military Installations.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Office of the Secretary of Defense for administration and service-wide activities, not more than 50 percent may be obligated or expended until the date on which each Secretary of a military department has satisfied the requirements of section 2833 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2864 note).
SEC. 2833. Physical Entrances to Certain Military Installations.
The Secretary of Defense shall ensure that, to the extent practicable that—
each military installation in the United States has a designated main entrance that, at all times, is manned by at least one member of the Armed Forces or civilian employee of the Department of Defense;
the location of each such designated main entrance is published on a publicly accessible internet website of the Department;
in the case of a military installation in the United States that has any additional entrance designated for commercial deliveries to the military installation, the location of such entrance (and any applicable days or hours of operation for such entrance) is published on the same internet website as the website referred to in paragraph (2); and
the information required to be published on the internet website under paragraph (2) is reviewed and, as necessary, updated on a basis that is not less frequent than annually.
Subtitle D Land Conveyances
SEC. 2841. Extension of Time Frame for Land Conveyance, Sharpe Army Depot, Lathrop, California.
Section 2833(g) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “ one year” and inserting “ three years”.
SEC. 2842. Land Conveyance, Joint Base Charleston, South Carolina.
Conveyance Authorized.— The Secretary of the Air Force (in this section referred to as the “Secretary”) may convey to the City of North Charleston, South Carolina (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 26 acres known as the Old Navy Yard at Joint Base Charleston, South Carolina, for the purpose of permitting the City to use the property for economic development.
Consideration.—
In general.— As consideration for the conveyance under subsection (a), the City shall pay to the Secretary an amount equal to not less than the fair market value, as determined by the Secretary, based on an appraisal of the property to be conveyed under such subsection, which may consist of cash payment, in-kind consideration as described under paragraph (3), or a combination thereof.
Sufficiency of consideration.—
In general.— Consideration paid to the Secretary under paragraph (1) shall be in an amount sufficient, as determined by the Secretary, to provide replacement space for, and for the relocation of, any personnel, furniture, fixtures, equipment, and personal property of any kind belonging to any military department located upon the property to be conveyed under subsection (a).
Completion prior to conveyance.— Any cash consideration shall be paid in full and any in-kind consideration shall be complete, useable, and delivered to the satisfaction of the Secretary at or prior to the conveyance under subsection (a).
In-kind consideration.— In-kind consideration provided by the City 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 with proximity to Joint Base Charleston Weapons Station (South Annex) and located on Joint Base Charleston, that the Secretary considers acceptable.
Treatment of cash consideration received.— Any cash consideration received by the Secretary under paragraph (1) shall be deposited in the special account in the Treasury under subparagraph (A) of section 572(b)(5) of title 40, United States Code, and shall be available in accordance with subparagraph (B)(ii) of such section.
Payment of Costs of Conveyance.—
Payment required.—
In general.— The Secretary may require the City to cover all 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, appraisal costs, costs related to environmental documentation, and any other administrative costs related to the conveyance.
Refund of amounts.— If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City.
Treatment of amounts received.— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and to the same conditions and limitations, as amounts in such fund or account.
Description of Property.— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
Condition of Conveyance.— The conveyance under subsection (a) shall be subject to all valid existing rights and the City shall accept the property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance “as is”).
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.
Old Navy Yard Defined.— In this section, the term “Old Navy Yard” includes the facilities used by the Naval Information Warfare Center Atlantic, including buildings 1602, 1603, 1639, 1648, and such other facilities, infrastructure, and land along or near the Cooper River waterfront at Joint Base Charleston as the Secretary considers appropriate.
SEC. 2843. Land Conveyance, Naval Air Station Oceana, Dam Neck Annex, Virginia Beach, Virginia.
Conveyance Authorized.— The Secretary of the Navy may convey to the Hampton Roads Sanitation District (in this section referred to as the “HRSD”) all right, title, and interest of the United States in and to a parcel of installation real property, including any improvements thereon, consisting of approximately 7.9 acres located at Naval Air Station Oceana in Dam Neck Annex, Virginia Beach, Virginia. The Secretary may void any land use restrictions associated with the property to be conveyed under this subsection.
Consideration.—
Amount and determination.— As consideration for the conveyance under subsection (a), the HRSD shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary. Such determination of fair market value shall be final. In lieu of all or a portion of cash payment of consideration, the Secretary may accept in-kind consideration.
Treatment of cash consideration.— The Secretary of the Navy shall deposit any cash payment received under paragraph (1) in the special account in the Treasury established for the Secretary of the Navy under of paragraph (1) of section 2667(e) of title 10, United States Code. The entire amount deposited shall be available for use in accordance with subparagraph (D) of such paragraph.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Navy shall require the HRSD 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 any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the HRSD.
Treatment of amounts received.— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Description of Property.— The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
Additional Terms and Conditions.— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2844. Land Exchange, Marine Reserve Training Center, Omaha, Nebraska.
Land Exchange Authorized.— The Secretary of the Navy may convey to the Metropolitan Community College Area, a political subdivision of the State of Nebraska (in this section referred to as the “College”), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, known as the Marine Reserve Training Center in Omaha, Nebraska.
Consideration.— As consideration for the conveyance under subsection (a), the College shall convey to the Secretary of the Navy real property interests, either adjacent or proximate, to Offutt Air Force Base, Nebraska.
Land Exchange Agreement.— The Secretary of the Navy and the College may enter into a land exchange agreement to implement this section.
Valuation.— The value of each property interest to be exchanged by the Secretary of the Navy and the College described in subsections (a) and (b) shall be determined—
by an independent appraiser selected by the Secretary; and
in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.
Cash Equalization Payments.—
To the secretary.— If the value of the property interests described in subsection (a) is greater than the value of the property interests described in subsection (b), the values shall be equalized through either of the following or a combination thereof:
A cash equalization payment from the College to the Department of the Navy.
In-kind consideration provided by the College, which may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Marine Corps Reserve Training Center Omaha.
No equalization.— If the value of the property interests described in subsection (b) is greater than the value of the property interests described in subsection (a), the Secretary may not make a cash equalization payment to equalize the values.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Navy shall require the College to pay all costs to be incurred by the Secretary to carry out the exchange of property interests under this section, including such costs related to land survey, environmental documentation, real estate due diligence such as appraisals, and any other administrative costs related to the exchange of property interests, including costs incurred preparing and executing a land exchange agreement authorized under subsection (c). If amounts are collected from the College in advance of the Secretary incurring the actual costs and the amount collected exceeds the costs actually incurred by the Secretary to carry out the exchange of property interests, the Secretary shall refund the excess amount to the College.
Treatment of amounts received.— Amounts received by the Secretary of the Navy under paragraph (1) shall be used in accordance with section 2695(c) of title 10, United States Code.
Description of Property.— The exact acreage and legal description of the property interests to be exchanged under this section shall be determined by surveys that are satisfactory to the Secretary of the Navy.
Conveyance Agreement.— The exchange of real property interests under this section shall be accomplished using an appropriate legal instrument and upon terms and conditions mutually satisfactory to the Secretary of the Navy and the College, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
Exemption From Screening Requirements for Additional Federal Use.— The authority under this section is exempt from the screening process required under section 2696(b) of title 10, United States Code.
SEC. 2845. Land Conveyance, Starkville, Mississippi.
Conveyance Authorized.— The Secretary of the Army (in this section referred to as the “Secretary”) may convey to the City of Starkville, Mississippi (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 improvements thereon, consisting of approximately five acres, located at 343 Highway 12, Starkville, Mississippi 39759, to be used for economic development purposes.
Consideration.—
In general.— As consideration for the conveyance of property under subsection (a), the City shall pay to the United States an amount equal to the fair market value of the property to be conveyed. The Secretary shall determine the fair market value of the property using an independent appraisal based on the highest and best use of the property.
Determination of fair market value.— The Secretary shall determine the fair market value of the property to be conveyed under subsection (a) using an independent appraisal based on the highest and best use of the property.
Treatment of consideration received.— Consideration received 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) of such subsection.
Payment of Costs of Conveyance.—
Payment.—
In general.— The Secretary may require the City to cover all costs (except costs for environmental remediation of the property under the Comprehensive Environmental Response, Compensation and Liability Act 1980 (42 U.S.C. 9601 et seq.)) 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 for environmental documentation, and any other administrative costs related to the conveyance.
Refund.— If amounts are collected from the City under subparagraph (A) 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 under subsection (a), the Secretary shall refund the excess amount to the City.
Treatment of amounts received.— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Description of Property.— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
Additional Terms and Conditions.— The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Subtitle E Miscellaneous Studies and Reports
SEC. 2851. Study on Practices with Respect to Development of Military Construction Projects.
Study Required.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center for the conduct of a study on the practices of the Department of Defense with respect to the development of military construction projects.
Elements.— An agreement under subsection (a) shall specify that the study conducted pursuant to the agreement shall address each of the following:
Practices with respect to adoption of Unified Facilities Criteria changes and the inclusion of such changes into advanced planning, Department of Defense Form 1391 documentation, and planning and design.
Practices with respect to how sustainable materials, such as mass timber and low carbon concrete, are assessed and included in advanced planning, Department of Defense Form 1391 documentation, and planning and design.
Barriers to incorporating innovative techniques, including 3D printed building techniques.
Whether the Strategic Environmental Research and Development Program (established under section 2901 of title 10, United States Code) or the Environmental Security Technology Certification Program could be used to validate such sustainable materials and innovative techniques to encourage the use of such sustainable materials and innovative techniques by the Army Corps of Engineers and the Naval Facilities Engineering Systems Command.
Report to Congress.— Not later than 60 days after the completion of the study described in this section, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study.
SEC. 2852. Report on Capacity of Department of Defense to Provide Survivors of Natural Disasters with Emergency Short-Term Housing.
Not later than 220 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report analyzing the capacity of the Department of Defense to provide survivors of natural disasters with emergency short-term housing.
SEC. 2853. Reporting on Lead Service Lines and Lead Plumbing.
Initial Report.— Not later than January 1, 2025, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report that includes—
a list of military installations (including Government-owned family housing facilities), military housing, and privatized military housing projects that, as of the date of the report, are being serviced by lead service lines or lead plumbing for the purposes of receiving drinking water;
an evaluation of whether military installations and privatized military housing projects are in compliance with the Lead and Copper Rule and, to the extent that such installations and projects are not in compliance, an identification of—
the name and location of each such installation or project that is not in compliance; and
the timeline and plan for bringing each such installation or project into compliance; and
an identification of steps and resources needed to remove any remaining lead plumbing from military installations and housing.
Inclusion of Information in Annual Report.— If, after reviewing the initial report required under subsection (a), the Secretary of Defense finds that any military installation or privatized family housing project is not in compliance with the Lead and Copper Rule, the Secretary shall include in the annual report on defense environmental programs required under section 2711 of title 10, United States Code, for each year after the year in which the initial report is submitted, an update on the efforts of the Secretary, including negotiations with privatized military family housing providers, to fully comply with the Lead and Copper Rule.
SEC. 2854. Briefing on Attempts to Acquire Land Near United States Military Installations by the People’s Republic of China.
The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the head of the Department of the Air Force Office of Special Investigations, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives not later than June 1, 2023, that details—
attempts by the People’s Republic of China to acquire land that is located in close proximity (as determined by the Secretary of Defense) to a United States military installation; and
ongoing Department of Defense efforts to counter such attempts.
Subtitle F Other Matters
SEC. 2861. Required Consultation with State and Local Entities for Notifications Related to the Basing Decision-Making Process.
Section 483(c) of title 10, United States Code, is amended by adding at the end a new paragraph:
“(6) With respect to any decision of the Secretary concerned that would result in a significant increase in the number of members of the Armed Forces assigned to a military installation, a description of the consultation with appropriate State and local entities regarding the basing decision to ensure consideration of matters affecting the local community, including requirements for transportation, utility infrastructure, housing, education, and family support activities.”
SEC. 2862. Inclusion in Defense Community Infrastructure Pilot Program of Certain Projects for Rotc Training.
Section 2391 of title 10, United States Code, is further amended—
in subsection (d)(1)(B)—
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and
by inserting after clause (i) the following new clause (ii):
“(ii) Projects that will contribute to the training of cadets enrolled in an independent Reserve Officer Training Corps program at a covered educational institution.”
; and
in subsection (e), by adding at the end the following new paragraph:
“(6) The term ‘covered educational institution’ means a college or university that is—
“(A) a part B institution, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061);
“(B) an 1890 Institution, as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601);
“(C) not affiliated with a consortium; and
“(D) located at least 40 miles from a major military installation.”
SEC. 2863. Inclusion of Infrastructure Improvements Identified in the Report on Strategic Seaports in Defense Community Infrastructure Pilot Program.
Section 2391(d) of title 10, United States Code, as amended by this Act, is further amended—
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
by inserting after paragraph (2) the following new paragraph (3):
“(3) In selecting community infrastructure projects to receive assistance under this subsection, the Secretary shall consider infrastructure improvements identified in the report on strategic seaports required by section 3515 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1985).”
SEC. 2864. Inclusion of Certain Property for Purposes of Defense Community Infrastructure Pilot Program.
Section 2391(e)(4)(A)(i) of title 10, United States Code, as amended by this Act, is further amended by inserting “ or on property under the jurisdiction of a Secretary of a military department that is subject to a real estate agreement (including a lease or easement)” after “ installation”.
SEC. 2865. Expansion of Pilot Program on Increased Use of Sustainable Building Materials in Military Construction to Include Locations Throughout the United States.
Section 2861(b)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2802 note) is amended in the matter preceding subparagraph (A) by striking “ continental”.
SEC. 2866. Basing Decision Scorecard Consistency and Transparency.
Section 2883(h) of the Military Construction Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1781b note) is amended—
by amending paragraph (3) to read as follows:
“(3) Availability.—
“(A) In general.—A current version of each scorecard established under this subsection shall be available to the public through an Internet website of the military department concerned.
“(B) Methodology and criteria.—
“(i) Availability.—Each Secretary of a military department shall publish on the website described in subparagraph (A) the methodology and criteria each time such Secretary establishes or updates a scorecard.
“(ii) Public comment.—Each Secretary of a military department shall establish a 60-day public comment period beginning on each date of publication of such methodology and criteria.”
; and
by adding at the end the following new paragraph:
“(4) Coordination.—In establishing or updating a scorecard under this subsection, each Secretary of the military department concerned shall coordinate with the Secretary of Defense to ensure consistency across the military departments.”
SEC. 2867. Temporary Authority for Acceptance and Use of Funds for Certain Construction Projects in the Republic of Korea.
Section 2863 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1899) is amended—
in subsection (a)—
in paragraph (1)—
in the matter preceding subparagraph (A), by striking “ cash”; and
in subparagraph (B), by inserting “ and construction” after “ The design”; and
by adding at the end the following new paragraph:
“(3) Method of contribution.—Contributions may be accepted under this subsection in any of the forms referred to in section 2350k(c) of title 10, United States Code.”
; and
in subsection (b), by striking “ Contributions” and inserting “ Cash contributions”.
SEC. 2868. Repeal of Requirement for Interagency Coordination Group of Inspectors General for Guam Realignment.
Section 2835 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 10 U.S.C. 2687 note) is repealed.
SEC. 2869. Lease or Use Agreement for Category 3 Subterranean Training Facility.
In General.— The Secretary of Defense may seek to enter into a lease or use agreement with a category 3 subterranean training facility that—
is located in close proximity (as determined by the Secretary of Defense) to the home station of an air assault unit or a special operations force; and
has the capacity to—
provide brigade or large full-mission profile training;
rapidly replicate full-scale underground venues;
support helicopter landing zones; and
support underground live fire.
Use of Facility.— A lease or use agreement entered into pursuant to subsection (a) shall provide that the category 3 subterranean training facility shall be made available for—
hosting of training and testing exercises for—
members of the Armed Forces, including members a special operations force;
personnel of combat support agencies, including the Defense Threat Reduction Agency; and
such other personnel as the Secretary of Defense determines appropriate; and
such other purposes as the Secretary of Defense determines appropriate.
Duration.— The duration of any lease or use agreement entered into pursuant to subsection (a) shall be for a period of not less than 5 years.
Category 3 Subterranean Training Facility Defined.— In this section, the term “category 3 subterranean training facility” means an underground structure designed and built—
to be unobserved and to provide maximum protection; and
to serve as a command and control, operations, storage, production, and protection facility.
Conforming Repeal.— Section 375 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2001 note prec.) is repealed.
SEC. 2870. Limitation on Use of Funds for Closure of Combat Readiness Training Centers.
Limitation.— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Air Force may be obligated or expended to close, or prepare to close, any combat readiness training center.
Waiver.— The Secretary of the Air Force may waive the limitation under subsection (a) with respect to a combat readiness training center if the Secretary submits to the congressional defense committees the following:
A certification that—
the closure of the center would not be in violation of section 2687 of title 10, United States Code; and
the support capabilities provided by the center will not be diminished as a result of the closure of the center.
A report that includes—
a detailed business case analysis for the closure of the center; and
an assessment of the effects the closure of the center would have on training units of the Armed Forces, including any active duty units that may use the center.
SEC. 2871. Required Investments in Improving Child Development Centers.
Investments in Child Development Centers.— Of the total amount authorized to be appropriated for fiscal year 2023 for the Department of Defense for Facilities Sustainment, Restoration, and Modernization activities of a military department, the Secretary of that military department shall reserve an amount greater than or equal to one percent of the estimated replacement cost for fiscal year 2023 of the total inventory of child development centers under the jurisdiction of that Secretary for the purpose of carrying out projects for the improvement of child development centers.
Child Development Center Defined.— In this section, the term “child development center” has meaning given the term “military child development center” in section 1800(1) of title 10, United States Code.
SEC. 2872. Interagency Regional Coordinator for Resilience Pilot Project.
Pilot Project.— The Secretary of Defense shall carry out a pilot program under which the Secretary shall establish within the Department of Defense four Interagency Regional Coordinators. Each Interagency Regional Coordinator shall be responsible for improving the resilience of a community that supports a military installation and serving as a model for enhancing community resilience before disaster strikes.
Selection.— Each Interagency Regional Coordinator shall support military installations and surrounding communities within a geographic area, with at least one such Coordinator serving each of the East, West, and Gulf coasts. For purposes of the project, the Secretary shall select geographic areas—
with significant sea level rise and recurrent flooding that prevents members of the Armed Forces from reaching their posts or jeopardizes military readiness; and
where communities have collaborated on multi-jurisdictional climate adaptation planning efforts, including such collaboration with the Army Corps of Engineers Civil Works Department and through Joint Land Use Studies.
Collaboration.— In carrying out the pilot project, the Secretary shall build on existing efforts through collaboration with State and local entities, including emergency management, transportation, planning, housing, community development, natural resource managers, and governing bodies and with the heads of appropriate Federal departments and agencies.
SEC. 2873. Access to Military Installations for Homeland Security Investigations Personnel in Guam.
The commander of a military installation located in Guam shall grant to an officer or employee of Homeland Security Investigations the same access to such military installation such commander grants to an officer or employee of U.S. Customs and Border Protection or of the Federal Bureau of Investigation.
SEC. 2874. Prohibition on Joint Use of Homestead Air Reserve Base with Civil Aviation.
On or before September 30, 2026, the Secretary of the Air Force may not enter into an agreement that would provide for or permit the joint use of Homestead Air Reserve Base, Homestead, Florida, by the Air Force and civil aircraft.
SEC. 2875. Electrical Charging Capability Construction Requirements Relating to Parking for Federal Government Motor Vehicles.
In General.— If the Secretary concerned develops plans for a project to construct any facility that includes or will include parking for covered motor vehicles, the Secretary concerned shall include in any Department of Defense Form 1391, or successor form, submitted to Congress for that project—
the provision of electric vehicle charging capability at the facility adequate to provide electrical charging, concurrently, for not less than 15 percent of all covered motor vehicles planned to be parked at the facility;
the inclusion of the cost of constructing such capability in the overall cost of the project; and
an analysis of whether a parking structure or lot will be the primary charging area for covered motor vehicles or if another area, such as public works or the motor pool, will be the primary charging area.
Definitions.— In this section:
The term “covered motor vehicle” means a Federal Government motor vehicle, including a motor vehicle leased by the Federal Government.
The term “Secretary concerned” means—
the Secretary of a military department with respect to facilities under the jurisdiction of that Secretary; and
the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States.
TITLE XXIX Fallon Range Training Complex
Subtitle A Fallon Range Training Complex
SEC. 2901. Military Land Withdrawal for Fallon Range Training Complex.
The Military Land Withdrawals Act of 2013 (Public Law 113–66; 127 Stat. 1025) is amended by adding at the end the following:
“Subtitle G— Fallon Range Training Complex, Nevada
“SEC. 2981. WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
“(a) Withdrawal.—
“(1) Bombing ranges.—Subject to valid rights in existence on the date of enactment of this subtitle, and except as otherwise provided in this subtitle, the land established as the B–16, B–17, B–19, and B–20 Ranges, as referred to in subsection (b), and all other areas within the boundary of such land as depicted on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, which may become subject to the operation of the public land laws, are withdrawn from all forms of—
“(A) entry, appropriation, or disposal under the public land laws;
“(B) location, entry, and patent under the mining laws; and
“(C) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
“(2) Dixie valley training area.—The land and interests in land within the boundaries established at the Dixie Valley Training Area, as referred to in subsection (b), are withdrawn from all forms of—
“(A) entry, appropriation, or disposal under the public land laws; and
“(B) location, entry, and patent under the mining laws.
“(b) Description of Land.—The public land and interests in land withdrawn and reserved by this section comprise approximately 790,825 acres of land in Churchill County, Lyon County, Mineral County, Pershing County, and Nye County, Nevada, as generally depicted as ‘Proposed FRTC Modernization’ and ‘Existing Navy Withdrawal Areas’ on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’, dated November 30, 2022, and filed in accordance with section 2912. The ranges in the Fallon Range Training Complex described in this subsection are identified as B–16, B–17, B–19, B–20, Dixie Valley Training Area and the Shoal Site.
“(c) Purpose of Withdrawal and Reservation.—
“(1) Bombing ranges.—The land withdrawn by subsection (a)(1) is reserved for use by the Secretary of the Navy for—
“(A) aerial testing and training, bombing, missile firing, electronic warfare, tactical combat maneuvering, and air support;
“(B) ground combat tactical maneuvering and firing; and
“(C) other defense-related purposes that are—
“(i) consistent with the purposes specified in the preceding paragraphs; and
“(ii) authorized under section 2914.
“(2) Dixie valley training area.—The land withdrawn by subsection (a)(2) is reserved for use by the Secretary of the Navy for—
“(A) aerial testing and training, electronic warfare, tactical combat maneuvering, and air support; and
“(B) ground combat tactical maneuvering.
“(d) Inapplicability of General Provisions.—Notwithstanding section 2911(a) and except as otherwise provided in this subtitle, sections 2913 and 2914 shall not apply to the land withdrawn by subsection (a)(2).
“SEC. 2982. MANAGEMENT OF WITHDRAWN AND RESERVED LAND.
“(a) Management by the Secretary of the Navy.—During the duration of the withdrawal under section 2981, the Secretary of the Navy shall manage the land withdrawn and reserved comprising the B–16, B–17, B–19, and B–20 Ranges for the purposes described in section 2981(c)—
“(1) in accordance with—
“(A) an integrated natural resources management plan prepared and implemented under title I of the Sikes Act (16 U.S.C. 670a et seq.);
“(B) a written agreement between the Secretary of the Navy and the Governor of Nevada that provides for a minimum of 15 days annually for big game hunting on portions of the B–17 Range consistent with military training requirements;
“(C) a programmatic agreement between the Secretary of the Navy and the Nevada State Historic Preservation Officer and other parties, as appropriate, regarding management of historic properties as the properties relate to operation, maintenance, training, and construction at the Fallon Range Training Complex;
“(D) written agreements between the Secretary of the Navy and affected Indian tribes and other stakeholders to accommodate access by Indian tribes and State and local governments to the B–16, B–17, B–19, and B–20 Ranges consistent with military training requirements and public safety;
“(E) a written agreement entered into by the Secretary of the Navy and affected Indian tribes that provides for regular, guaranteed access, consisting of a minimum of 4 days per month, for affected Indian tribes; and
“(F) any other applicable law; and
“(2) in a manner that—
“(A) provides that any portion of the land withdrawn by section 2981(a) that is located outside of the Weapons Danger Zone, as determined by the Secretary of the Navy, shall be relinquished to the Secretary of the Interior and managed under all applicable public land laws;
“(B) ensures that the Secretary of the Navy avoids target placement and training within—
“(i) biologically sensitive areas, as mapped in the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020; and
“(ii) to the maximum extent practicable, areas that have cultural, religious, and archaeological resources of importance to affected Indian tribes;
“(C) ensures that access is provided for special events, administrative, cultural, educational, wildlife management, and emergency management purposes; and
“(D) provides that within the B–17 Range the placement of air to ground ordnance targets shall be prohibited throughout the entirety of the withdrawal in the areas identified as the ‘Monte Cristo Range Protection Area’ on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022.
“(b) Management by the Secretary of the Interior.—
“(1) In general.—During the duration of the withdrawal under section 2981, the Secretary of the Interior shall manage the land withdrawn and reserved comprising the Dixie Valley Training Area and the Shoal Site for the applicable purposes described in section 2981(c) in accordance with—
“(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
“(B) the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020;
“(C) this subtitle; and
“(D) any other applicable law.
“(2) Consultation with secretary of the navy.—Prior to authorizing any use of the land comprising the Dixie Valley Training Area or Shoal Site withdrawn and reserved by section 2981, the Secretary of the Interior shall consult with the Secretary of the Navy. Such consultation shall include—
“(A) informing the Secretary of the Navy of the pending authorization request so that the Secretary of the Navy and the Secretary of the Interior may work together to preserve the training environment; and
“(B) prior to authorizing any installation or use of mobile or stationary equipment used to transmit and receive radio signals, obtaining permission from the Secretary of the Navy to authorize the use of such equipment.
“(3) Agreement.—The Secretary of the Navy and the Secretary of the Interior shall enter into an agreement describing the roles and responsibilities of each Secretary with respect to the management and use of the Dixie Valley Training Area and Shoal Site to ensure no closure of an existing county road and no restrictions or curtailment on public access for the duration of the withdrawal while preserving the training environment and in accordance with this subsection.
“(4) Access.—The land comprising the Dixie Valley Training Area withdrawn and reserved by section 2981(a)(2) shall remain open for public access for the duration of the withdrawal.
“(5) Authorized uses.—Subject to applicable laws and policy, the following uses are permitted in the Dixie Valley Training Area for the duration of the withdrawal:
“(A) Livestock grazing.
“(B) Geothermal exploration and development west of State Route 121, as managed by the Bureau of Land Management in coordination with the Secretary of the Navy.
“(C) Exploration and development of salable minerals or other fluid or leasable minerals, as managed by the Bureau of Land Management in coordination with the Secretary of the Navy.
“(6) Infrastructure.—The Secretary of the Navy and the Secretary of the Interior shall allow water and utility infrastructure within the Dixie Valley Training Area withdrawn by section 2981(a)(2) as described in sections 2995(a)(4) and 2996.
“(c) Limitation on Use of Land Prior to Completion of Commitments.—
“(1) In general.—The Secretary of the Navy shall not make operational use of the expanded area of the B–16, B–17, or B–20 Ranges, as depicted on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, that were not subject to previous withdrawals comprising the Fallon Range Training Complex which are withdrawn and reserved by section 2981 until the Secretary of the Navy and the Secretary of the Interior certify in writing to the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Indian Affairs of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives on the completion of the commitments pertaining to each range from the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020, and the provisions of this subtitle. The Secretary of the Navy and the Secretary of the Interior may submit certifications for individual ranges to allow operational use of a specific range prior to completion of commitments related to other ranges.
“(2) Public access.—Public access to the existing Pole Line Road shall be maintained until completion of construction of an alternate route as specified by section 2991(a)(2)(B).
“(3) Payment.—Not later than 1 year after the date of enactment of this subtitle, subject to the availability of appropriations, from amounts appropriated to the Secretary of the Navy for operation and maintenance, the Secretary of the Navy shall transfer to Churchill County, Nevada, $20,000,000 for deposit in an account designated by Churchill County, Nevada, to resolve the loss of public access and multiple use within Churchill County, Nevada.
“SEC. 2983. ORDNANCE LANDING OUTSIDE TARGET AREAS.
“The Secretary of the Navy, in the administration of an Operational Range Clearance program, shall ensure that tracked ordnance (bombs, missiles, and rockets) known to have landed outside a target area in the B–17 and B–20 Ranges is removed within 180 days of the event and, to the extent practicable, tracked ordnance known to have landed within the Monte Cristo Range Protection Area described in section 2982(a)(2)(D) shall be removed within 45 days of the event. The Secretary of the Navy shall report to the Fallon Range Training Complex Intergovernmental Executive Committee directed by section 3011(a)(5) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885; 134 Stat. 4349) not less frequently than annually, instances in which ordnance land outside target areas and the status of efforts to clear such ordnance.
“SEC. 2984. RELATIONSHIP TO OTHER RESERVATIONS.
“(a) B–16 and B–20 Ranges.—To the extent the withdrawal and reservation made by section 2981 for the B–16 and B–20 Ranges withdraws land currently withdrawn and reserved for use by the Bureau of Reclamation, the reservation made by section 2981 shall be the primary reservation for public safety management actions only, and the existing Bureau of Reclamation reservation shall be the primary reservation for all other management actions. The Secretary of the Navy shall enter into an agreement with the Secretary of the Interior to ensure continued access to the B–16 and B–20 Ranges by the Bureau of Reclamation to conduct management activities consistent with the purposes for which the Bureau of Reclamation withdrawal was established.
“(b) Shoal Site.—The Secretary of Energy shall remain responsible and liable for the subsurface estate and all activities of the Secretary of Energy at the Shoal Site withdrawn and reserved by Public Land Order Number 2771, as amended by Public Land Order Number 2834.
“SEC. 2985. INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.
“(a) Preparation Required.—
“(1) Preparation; deadline.—Within 2 years after the date of enactment of this subtitle, the Secretary of the Navy shall update the current integrated natural resources management plan for the land withdrawn and reserved by section 2981.
“(2) Coordination.—The Secretary of the Navy shall prepare the integrated natural resources management plan in coordination with the Secretary of the Interior, the State of Nevada, Churchill County, Nevada, other impacted counties in the State of Nevada, and affected Indian tribes.
“(b) Resolution of Conflicts.—
“(1) In general.—Any disagreement among the parties referred to in subsection (a) concerning the contents or implementation of the integrated natural resources management plan prepared under that subsection or an amendment to the management plan shall be resolved by the Secretary of the Navy, the Secretary of the Interior, and the State of Nevada, acting through—
“(A) the State Director of the Nevada State Office of the Bureau of Land Management;
“(B) the Commanding Officer of Naval Air Station Fallon, Nevada;
“(C) the State Director of the Nevada Department of Wildlife;
“(D) if appropriate, the Regional Director of the Pacific Southwest Region of the United States Fish and Wildlife Service; and
“(E) if appropriate, the Regional Director of the Western Region of the Bureau of Indian Affairs.
“(2) Consultation.—Prior to the resolution of any conflict under paragraph (1), the Secretary of the Navy shall consult with the Intergovernmental Executive Committee in accordance with section 3011(a)(5) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885; 134 Stat. 4349).
“(c) Elements of Plan.—Subject to subsection (b), the integrated natural resources management plan under subsection (a)—
“(1) shall be prepared and implemented in accordance with the Sikes Act (16 U.S.C. 670 et seq.);
“(2) shall include provisions for—
“(A) proper management and protection of the natural resources of the land; and
“(B) sustainable use by the public of such resources to the extent consistent with the military purposes for which the land is withdrawn and reserved;
“(3) shall coordinate access with the Nevada Department of Wildlife to manage hunting, fishing, and trapping on the land where compatible with the military mission;
“(4) shall provide for livestock grazing and agricultural out-leasing on the land, if appropriate—
“(A) in accordance with section 2667 of title 10, United States Code; and
“(B) at the discretion of the Secretary of the Navy;
“(5) shall identify current test and target impact areas and related buffer or safety zones on the land;
“(6) shall provide that the Secretary of the Navy—
“(A) shall take necessary actions to prevent, suppress, manage, and rehabilitate brush and range fires occurring on land withdrawn or owned within the Fallon Range Training Complex and fires resulting from military activities outside the withdrawn or owned land of the Fallon Range Training Complex; and
“(B) notwithstanding section 2465 of title 10, United States Code—
“(i) may obligate funds appropriated or otherwise available to the Secretary of the Navy to enter into memoranda of understanding, cooperative agreements, and contracts for fire management; and
“(ii) shall reimburse the Secretary of the Interior for costs incurred under this paragraph;
“(7) shall provide that all gates, fences, and barriers constructed after the date of enactment of this subtitle shall be designed and erected, to the maximum extent practicable and consistent with military security, safety, and sound wildlife management use, to allow for wildlife access;
“(8) if determined appropriate by the Secretary of the Navy, the Secretary of the Interior, and the State of Nevada after review of any existing management plans applicable to the land, shall incorporate the existing management plans;
“(9) shall include procedures to ensure that—
“(A) the periodic reviews of the integrated natural resources management plan required by the Sikes Act (16 U.S.C. 670 et seq.) are conducted jointly by the Secretary of the Navy, the Secretary of the Interior, and the State of Nevada; and
“(B) affected counties and affected Indian tribes and the public are provided a meaningful opportunity to comment on any substantial revisions to the plan that may be proposed pursuant to such a review;
“(10) shall provide procedures to amend the integrated natural resources management plan as necessary;
“(11) shall allow access to, and ceremonial use of, Tribal sacred sites to the extent consistent with the military purposes for which the land is withdrawn and reserved by section 2981(a); and
“(12) shall provide for timely consultation with affected Indian tribes.
“SEC. 2986. USE OF MINERAL MATERIALS.
“Notwithstanding any other provision of this subtitle or of the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.), the Secretary of the Navy may use sand, gravel, or similar mineral materials resources of the type subject to disposition under that Act from land withdrawn and reserved by this subtitle if use of such resources is required for construction needs on the land.
“SEC. 2987. TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES SURVEY.
“(a) Tribal Access Agreement.—
“(1) In general.—Not later than 120 days after the date of enactment of this subtitle, the Secretary of the Navy and the Secretary of the Interior shall enter into an agreement with each affected Indian tribe for the purpose of establishing continued, regular, and timely access to the land withdrawn and reserved by section 2981, including all land subject to previous withdrawals under section 3011(a) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885), for cultural, religious, gathering and ceremonial uses by affected Indian tribes.
“(2) Access.—The Secretary of the Navy shall—
“(A) provide access in accordance with the agreement entered into under paragraph (1); and
“(B) to the extent practicable and consistent with operational, safety, and security needs, seek to minimize notice from the affected Indian tribe and chaperoning requirements for Tribal access.
“(3) Resolution of conflicts.—If an affected Indian tribe provides written comments to the Secretary of the Navy or the Secretary of the Interior proposing changes or additions to the agreement entered into under paragraph (1) and the proposals are not incorporated in the final agreement, the Secretary concerned shall—
“(A) respond in writing to the affected Indian tribe explaining a clear, identifiable rationale why the proposed change was not incorporated; and
“(B) share the written responses under subparagraph (A) with the Committee on Armed Services of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Armed Services of the Senate, and the Committee on Indian Affairs of the Senate.
“(b) Ethnographic Study.—The Secretary of the Navy, in consultation with the State of Nevada and appropriate Tribal governments, shall conduct an ethnographic study of the expanded Fallon Range Training Complex to assess the importance of that area to Indian tribes and the religious and cultural practices of those Indian tribes.
“(c) Cultural Resources Survey.—
“(1) Survey.—The Secretary of the Navy, after consultation with affected Indian tribes and review of data, studies, and reports in the possession of such Indian tribes, shall conduct a cultural resources survey of the land withdrawn and reserved by section 2981 for each of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous surveys in support of the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020, and previous withdrawals comprising the Fallon Range Training Complex that includes pedestrian field surveys and the inventory and identification of specific sites containing cultural, religious, and archaeological resources of importance to affected Indian tribes.
“(2) Results.—Not later than 2 years after the date of enactment of this subtitle, the Secretary of the Navy shall provide the results of the survey conducted under paragraph (1) to affected Indian tribes for review and comment prior to concluding survey activities.
“(3) Inclusion in agreement.—The agreement under subsection (a) shall include access to the specific sites identified by the survey conducted under paragraph (1) by affected Indian tribes, including proper disposition or protection of, and any requested access to, any identified burial sites, in accordance with the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).
“(4) Limitation on use of land prior to completion of survey.—The Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex until the date of completion of the survey required by paragraph (1).
“(d) Participation of Affected Indian Tribes.—In conducting an ethnographic study or cultural resources survey under subsection (b) or (c), the Secretary of the Navy shall coordinate with, and provide for the participation of, each applicable affected Indian tribe.
“(e) Agreement to Mitigate Adverse Effects.—The Secretary of the Navy, the Secretary of the Interior, and affected Indian tribes shall enter into an agreement consistent with section 306108 of title 54, United States Code, that identifies actions to avoid, minimize, or mitigate adverse effects to sites identified in subsection (c), including adverse effects from noise. Using the results of surveys conducted under subsection (c), the Navy shall, in coordination with affected Indian tribes and to the extent practicable, avoid placing targets or other range infrastructure in culturally sensitive areas. The Navy shall avoid placement of targets in known sensitive habitat, cultural, or historic areas within the Monte Cristo Mountains.
“(f) Report.—Not later than 1 year after the date on which each of the agreements required under this section have been entered into and the survey and study required under this section have been completed, the Secretary of the Navy and the Secretary of the Interior shall jointly submit to Congress a report describing—
“(1) the access protocols established by the agreement under subsection (a);
“(2) the results of the ethnographic study conducted under subsection (b);
“(3) the results of the cultural resources survey under subsection (c); and
“(4) actions to be taken to avoid, minimize, or mitigate adverse effects to sites on the land withdrawn and reserved by section 2981.
“(g) Public Availability.—Information concerning the nature and specific location of a cultural resource shall be exempt from disclosure under section 552 of title 5 and any other law unless the Secretary of the Navy, in consultation with affected Indian tribes, determines that disclosure would—
“(1) further the purposes of this section;
“(2) not create risk of harm to or theft or destruction of the cultural resource or the site containing the cultural resource; and
“(3) be in accordance with other applicable laws.”
“SEC. 2988. RESOLUTION OF WALKER RIVER PAIUTE TRIBE CLAIMS.
“(a) Payment to Tribe.—Not later than 1 year after the date of enactment of this subtitle and subject to the availability of appropriations, the Secretary of the Navy shall transfer $20,000,000 of amounts appropriated to the Secretary of the Navy for operation and maintenance to an account designated by the Walker River Paiute Tribe (referred to in this section as the ‘Tribe’) to resolve the claims of the Tribe against the United States for the contamination, impairment, and loss of use of approximately 6,000 acres of land that is within the boundaries of the reservation of the Tribe.
“(b) Limitation on Use of Land Prior to Completion of Payment.—The Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the amount is transferred under subsection (a).
“(c) Additional Trust Land.—
“(1) Environmental site assessment.—Not later than 1 year after the date of enactment of this subtitle and prior to taking the land described in paragraph (4) into trust for the benefit of the Tribe under paragraph (3)(A), the Director of the Bureau of Indian Affairs (referred to in this subsection as the ‘Director’) shall complete an environmental site assessment to determine with respect to the land—
“(A) the likelihood of the presence of hazardous substance-related or other environmental liability; and
“(B) if the Director determines the presence of hazardous substance-related or other environmental liability is likely under subparagraph (A)—
“(i) the extent of the contamination caused by such hazardous substance or other environmental liability; and
“(ii) whether that liability can be remediated by the United States.
“(2) Contaminated land.—
“(A) In general.—If the Director determines pursuant to the environmental site assessment completed under paragraph (1) that there is a likelihood of the presence of hazardous substance-related or other environmental liability on the land described in paragraph (4), the Director shall consult with the Tribe on whether the land is still suitable for transfer into trust for the benefit of the Tribe.
“(B) Determination.—If the Tribe determines land identified as contaminated under subparagraph (A) is still suitable to take into trust for the benefit of the Tribe, the Director, notwithstanding any other provision of law, shall take the land into trust for the benefit of the Tribe in accordance with paragraph (3).
“(3) Land to be held in trust for the tribe; identification of alternative land.—
“(A) In general.—If the Tribe determines pursuant to paragraph (2) that the land described in paragraph (4) should be taken into trust for the benefit of the Tribe (including if such land is determined to be contaminated), subject to valid existing rights, all right, title, and interest of the United States in and to the land shall be—
“(i) held in trust by the United States for the benefit of the Tribe; and
“(ii) made part of the existing reservation of the Tribe.
“(B) Identification of suitable and comparable alternative land.—If the Tribe determines pursuant to paragraph (2), due to discovered environmental issues that the land described in paragraph (4) is not suitable to be taken into trust for the benefit of the Tribe, not later than 1 year after the date on which the Tribe makes that determination, the Director and the Tribe shall enter into an agreement to identify suitable and comparable alternative land in relative distance and located in the same county as the land described in paragraph (4) to be withdrawn from Federal use and taken into trust for the benefit of the Tribe.
“(C) Environmental liability.—
“(i) In general.—Notwithstanding any other provision of law, the United States shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the land described in paragraph (4) that occurred on or before the date on which the land was taken into trust for the benefit of the Tribe. The United States shall not fund or take any action to remediate such land after such land has been so taken into trust.
“(ii) Environmental contamination description.—An environmental contamination described in clause (i) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal law or law of the State of Nevada.
“(4) Land described.—Subject to paragraph (5), the land to be held in trust for the benefit of the Tribe under paragraph (3)(A) is the approximately 8,170 acres of Bureau of Land Management and Bureau of Reclamation land located in Churchill and Mineral Counties, Nevada, as generally depicted on the map entitled ‘Walker River Paiute Trust Lands’ and dated April 19, 2022, and more particularly described as follows:
“(A) Fernley east parcel.—The following land in Churchill County, Nevada:
“(i) All land held by the Bureau of Reclamation in T. 20 N., R. 26 E., sec. 28, Mount Diablo Meridian.
“(ii) All land held by the Bureau of Reclamation in T. 20 N., R. 26 E., sec. 36, Mount Diablo Meridian.
“(B) Walker lake parcel.—The following land in Mineral County, Nevada:
“(i) All land held by the Bureau of Land Management in T. 11 N., R. 29 E., secs. 35 and 36, Mount Diablo Meridian.
“(ii) All land held by the Bureau of Reclamation in T. 10 N., R. 30 E., secs. 4, 5, 6, 8, 9, 16, 17, 20, 21, 28, 29, 32, and 33, Mount Diablo Meridian.
“(iii) All land held by the Bureau of Land Management in T. 10.5 N., R. 30 E., secs. 31 and 32, Mount Diablo Meridian.
“(5) Administration.—
“(A) Survey.—Not later than 180 days after the date of enactment of this subtitle, the Secretary of the Interior (referred to in this paragraph as the ‘Secretary’) shall complete a survey to fully describe, and adequately define the boundaries of, the land described in paragraph (4).
“(B) Legal description.—
“(i) In general.—Upon completion of the survey required under subparagraph (A), the Secretary shall publish in the Federal Register a legal description of the land described in paragraph (4).
“(ii) Technical corrections.—Before the date of publication of the legal description under this subparagraph, the Secretary may correct any technical or clerical errors in the legal description as the Secretary determines appropriate.
“(iii) Effect.—Effective beginning on the date of publication of the legal description under this subparagraph, the legal description shall be considered to be the official legal description of the land to be held in trust for the benefit of the Tribe under paragraph (3)(A).
“(6) Use of trust land.—The land taken into trust under paragraph (3)(A) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
“(d) Eligibility for Federal and Federally Funded Programs.—Funds paid to the Tribe pursuant to this section, including any interest or investment income earned, may not be treated as income or resources or otherwise used as the basis for denying or reducing the basis for Federal financial assistance or other Federal benefit (including under the Social Security Act (42 U.S.C. 301 et seq.)) to which the Tribe, a member of the Tribe, or a household would otherwise be entitled.
“SEC. 2989. LAND TO BE HELD IN TRUST FOR THE FALLON PAIUTE SHOSHONE TRIBE.
“(a) Land to Be Held in Trust.—
“(1) In general.—Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be—
“(A) held in trust by the United States for the benefit of the Fallon Paiute Shoshone Tribe; and
“(B) made part of the reservation of the Fallon Paiute Shoshone Tribe.
“(2) Description of land.—The land referred to in paragraph (1) is the approximately 10,000 acres of land administered by the Bureau of Land Management and the Bureau of Reclamation, as generally depicted as ‘Reservation Expansion Land’ on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022.
“(3) Survey.—Not later than 180 days after the date of enactment of this subtitle, the Secretary of the Interior shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under paragraph (1).
“(4) Use of trust land.—The land taken into trust under this section shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
“(5) Cooperative agreement.—On request by the Fallon Paiute Shoshone Tribe, the Secretary of the Interior shall enter into a cooperative agreement with the Fallon Paiute Shoshone Tribe to provide assistance in the management of the land taken into trust under this section for cultural protection and conservation management purposes.
“SEC. 2990. NUMU NEWE CULTURAL CENTER.
“(a) In General.—Subject to the availability of appropriations from amounts appropriated to the Secretary of the Navy for operation and maintenance, the Secretary of the Navy shall provide financial assistance to a cultural center established and operated by the Fallon Paiute Shoshone Tribe and located on the Reservation of the Fallon Paiute Shoshone Tribe, the purpose of which is to help sustain Numu Newe knowledge, culture, language, and identity associated with aboriginal land and traditional ways of life for the Fallon Paiute Shoshone Tribe and other affected Indian tribes (referred to in this section as the ‘Center’).
“(b) Studies and Inventories.—The Center shall integrate information developed in the cultural resources inventories and ethnographic studies carried out under section 2987.
“(c) Transfer.—Not later than 1 year after the date of enactment of this subtitle and subject to the availability of appropriations, the Secretary of the Navy shall transfer to an account designated by the Fallon Paiute Shoshone Tribe—
“(1) $10,000,000 for the development and construction of the Center; and
“(2) $10,000,000 to endow operations of the Center.
“(d) Limitation on Use of Land Prior to Completion of Payment.—The Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the amounts are transferred under subsection (c).
“SEC. 2991. ROAD RECONSTRUCTION AND TREATMENT OF EXISTING ROADS AND RIGHTS-OF-WAY.
“(a) Road Reconstruction.—Subject to the availability of appropriations, the Secretary of the Navy shall be responsible for the timely—
“(1) reconstruction of—
“(A) Lone Tree Road leading to the B–16 Range; and
“(B) State Highway 361; and
“(2) relocation of—
“(A) Sand Canyon and Red Mountain Roads, consistent with alternative 2A, as described in the Final FRTC Road Realignment Study dated March 14, 2022; and
“(B) Pole Line Road, consistent with alternative 3B, as described in the Final FRTC Road Realignment Study dated March 14, 2022.
“(b) Limitation on Use of Land Prior to Completion of Requirements.—In accordance with section 2982(c)(1), the Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the Secretary of the Navy determines that each of the requirements of subsection (a) have been met.
“(c) Existing Roads and Rights-of-way; Access.—
“(1) In general.—The withdrawal and reservation of land made by section 2981 shall not be construed to affect the following roads and associated rights-of-way:
“(A) United States Highways 50 and 95.
“(B) State Routes 121 and 839.
“(C) The Churchill County, Nevada, roads identified as Simpson Road, East County Road, Earthquake Fault Road, and Fairview Peak Road.
“(2) Access.—Any road identified on the map described in section 2981(b) as an existing minor county road shall be available for managed access consistent with the purposes of the withdrawal.
“(d) New Rights-of-way.—The Secretary of the Navy, in coordination with the Secretary of the Interior, shall be responsible for the timely grant of new rights-of-way for Sand Canyon and Red Mountain Road, Pole Line Road, and East County Road to the appropriate County.
“(e) I–11 Corridors.—The Secretary of the Interior shall manage the land located within the ‘Churchill County Preferred I–11 Corridor’ and ‘NDOT I–11 Corridor’ as depicted on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, in accordance with this section.
“(f) Public Availability of Map.—A copy of the map described in section 2981(b) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
“(g) Withdrawal of Land.—Subject to any valid rights in existence on the date of enactment of this subtitle, the land located within the corridors depicted as ‘Utility and Infrastructure Corridors’ on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, is withdrawn from—
“(1) location and entry under the mining laws; and
“(2) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
“(h) Termination of Withdrawal.—A withdrawal under subsection (g) shall terminate on the date on which—
“(1) the Secretary of the Interior, in coordination with Churchill County, Nevada, terminates the withdrawal; or
“(2) the applicable corridor or land is patented.
“(i) Revised Statutes Section 2477 Claims.—The withdrawal and reservation of land by section 2981 shall not affect the ability of Churchill County, Nevada, to seek adjudication of claims under section 2477 of the Revised Statutes (43 U.S.C. 932), as in effect prior to being repealed by section 706(a) of the Federal Land Policy and Management Act of 1976 (Public Law 94–579; 90 Stat. 2793).
“(j) Treatment of the West-wide Energy Corridor.—
“(1) In general.—Nothing in section 2981 shall be construed to restrict the development of high voltage electrical power utility lines within the portion of the designated West-Wide Energy Corridor that is located outside of the B–16 Range.
“(2) Transmission line.—The Secretary of the Navy shall allow 1 transmission line within that portion of the designated West-Wide Energy Corridor that is located within the B–16 Range nearest the existing transmission line adjacent to the western boundary of the B–16 Range.
“(3) Future transmission line.—If the Secretary of the Navy and the Secretary of the Interior determine that additional transmission lines cannot be accommodated outside of the B–16 Range, to the extent practicable, the Secretary of the Navy shall allow the construction of a new transmission line as close as practicable to the existing transmission line.
“SEC. 2992. SAGE GROUSE STUDY.
“(a) In General.—The Secretary of the Navy, in consultation with the Secretary of the Interior and the State of Nevada, shall conduct a study to further assess greater sage grouse reactions to military overflights within the Fallon Range Training Complex.
“(b) Determination.—If the Secretary of the Navy determines under the study under subsection (a) that greater sage grouse in the Fallon Range Training Complex are significantly impacted by aircraft overflights, the Secretary of the Navy shall implement adaptive management activities, in coordination with the State of Nevada and the United States Fish and Wildlife Service.
“SEC. 2993. TREATMENT OF LIVESTOCK GRAZING PERMITS.
“(a) In General.—The Secretary of the Navy shall notify holders of grazing allotments impacted by the withdrawal and reservation of land by section 2981 and, if practicable, assist the holders of the grazing allotments in obtaining replacement forage.
“(b) Revisions to Allotment Plans.—The Secretary of the Navy shall reimburse the Secretary of the Interior for grazing program-related administrative costs reasonably incurred by the Bureau of Land Management due to the withdrawal and reservation of land by section 2981.
“(c) Alternative to Replacement Forage.—If replacement forage cannot be identified under subsection (a), the Secretary of the Navy shall make full and complete payments to Federal grazing permit holders for all losses suffered by the permit holders as a result of the withdrawal or other use of former Federal grazing land for national defense purposes pursuant to the Act of June 28, 1934 (commonly known as the ‘Taylor Grazing Act’) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.).
“(d) Notification and Payment.—The Secretary of the Navy shall—
“(1) notify, by certified mail, holders of grazing allotments that are terminated; and
“(2) compensate the holders of grazing allotments described in paragraph (1) for authorized permanent improvements associated with the allotments.
“(e) Payment.—For purposes of calculating and making a payment to a Federal grazing permit holder under this section (including the conduct of any appraisals required to calculate the amount of the payment)—
“(1) the Secretary of the Navy shall consider the permanent loss of the applicable Federal grazing permit; and
“(2) the amount of the payment shall not be limited to the remaining term of the existing Federal grazing permit.
“SEC. 2994. TRANSFER OF LAND UNDER THE ADMINISTRATIVE JURISDICTION OF THE DEPARTMENT OF THE NAVY.
“(a) Transfer Required.—Subject to subsection (b), the Secretary of the Navy shall transfer to the Secretary of the Interior, at no cost, administrative jurisdiction of the approximately 86 acres of a noncontiguous parcel of land as depicted on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, acquired by the Department of the Navy in Churchill County, Nevada, for inclusion in the Sand Mountain Recreation Area.
“(b) Certification With Respect to Environmental Hazards.—Prior to transferring land under subsection (a), the Secretary of the Navy shall certify that the land to be transferred under that subsection is free from environmental hazards.
“SEC. 2995. REDUCTION OF IMPACT OF FALLON RANGE TRAINING COMPLEX MODERNIZATION.
“(a) In General.—Consistent with the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020, the Secretary of the Navy shall carry out the following additional mitigations and other measures not otherwise included in other sections of this Act to reduce the impact of the modernization of the Fallon Range Training Complex by the Secretary of the Navy on the land and local community:
“(1) Develop Memoranda of Agreement or other binding protocols, in coordination with agencies, affected Indian tribes, and other stakeholders, for—
“(A) management of that portion of Bureau of Reclamation infrastructure in the B–16 and B–20 Ranges that will be closed to public access but will continue to be managed for flood control; and
“(B) access for research, resource management, and other activities within the B–16, B–17, B–19, and B–20 Ranges.
“(2) Establish wildlife-friendly configured four-wire fencing, on coordination with the Nevada Department of Wildlife, to restrict access to the smallest possible area necessary to ensure public safety and to minimize impacts on wildlife from fencing.
“(3) Subject to the availability of appropriations—
“(A) purchase the impacted portion of the Great Basin Transmission Company (formerly named the ‘Paiute Pipeline Company’) pipeline within the B–17 Range; and
“(B) pay for the relocation of the pipeline acquired under subparagraph (A) to a location south of the B–17 Range.
“(4) Accommodate permitting and construction of additional utility and infrastructure projects within 3 corridors running parallel to the existing north-south power line in proximity to Nevada Route 121, existing east-west power line north of Highway 50, and the area immediately north of Highway 50 as shown on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, subject to the requirement that any project authorized under this paragraph shall complete appropriate Federal and State permitting requirements prior to the accommodation under this paragraph.
“(5)
(A) Notify holders of mining claims impacted by the modernization by certified mail.
“(B) Make payments to the holders of mining claims described in subparagraph (A), subject to the availability of appropriations.
“(6) Allow a right-of-way to accommodate I–11 (which could also include a transmission line) if a route is chosen by Churchill County, Nevada, or the State of Nevada that overlaps the northeast corner of the withdrawal area for the B–16 Range.
“(7) Revise the applicable range operations manual—
“(A) to include Crescent Valley and Eureka as noise-sensitive areas; and
“(B) to implement a 5-nautical-mile buffer around the towns of Crescent Valley and Eureka.
“(8) Implement a 3-nautical-mile airspace exclusion zone over the Gabbs, Eureka, and Crescent Valley airports.
“(9) Extend the Visual Flight Rules airspace corridor through the newly established Military Operations Areas on the east side of the Dixie Valley Training Area.
“(10) Notify affected water rights holders by certified mail and, if water rights are adversely affected by the modernization and cannot be otherwise mitigated, acquire existing and valid State water rights.
“(11) Allow Nevada Department of Wildlife access for spring and wildlife guzzler monitoring and maintenance.
“(12) Implement management practices and mitigation measures specifically designed to reduce or avoid potential impacts on surface water and groundwater, such as placing targets outside of washes.
“(13) Develop and implement a wildland fire management plan with the State of Nevada to ensure wildland fire prevention, suppression, and restoration activities are addressed, as appropriate, for the entire expanded range complex.
“(14) To the maximum extent practicable and if compatible with mission training requirements, avoid placing targets in biologically sensitive areas identified by the Nevada Department of Wildlife.
“(15) Fund 2 conservation law enforcement officer positions at Naval Air Station Fallon.
“(16) Post signs warning the public of any contamination, harm, or risk associated with entry into the withdrawal land.
“(17) Enter into an agreement for compensation from the Secretary of the Navy to Churchill County, Nevada, and the counties of Lyon, Nye, Mineral, and Pershing in the State of Nevada to offset any reductions made in payments in lieu of taxes.
“(18) Review, in consultation with affected Indian tribes, and disclose any impacts caused by the activities of the Secretary of the Navy at Fox Peak, Medicine Rock, and Fairview Mountain.
“(19) Consult with affected Indian tribes to mitigate, to the maximum extent practicable, any impacts disclosed under paragraph (18).
“(b) Limitation on Use of Land Prior to Completion of Requirements.—In accordance with section 2982(c)(1), the Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the Secretary of the Navy determines that each of the requirements of subsection (a) have been met.
“SEC. 2996. DIXIE VALLEY WATER PROJECT.
“(a) Continuation of Project.—The withdrawal of land authorized by section 2981(a)(2) shall not interfere with the Churchill County Dixie Valley Water Project.
“(b) Permitting.—On application by Churchill County, Nevada, the Secretary of the Navy shall concur with the Churchill County Dixie Valley Water Project and, in collaboration with the Secretary of the Interior, complete any permitting necessary for the Dixie Valley Water Project, subject to the public land laws and environmental review, including regulations.
“(c) Compensation.—Subject to the availability of appropriations, the Secretary of the Navy shall compensate Churchill County, Nevada, for any cost increases for the Dixie Valley Water Project that result from any design features required by the Secretary of the Navy to be included in the Dixie Valley Water Project.
“SEC. 2997. EXPANSION OF INTERGOVERNMENTAL EXECUTIVE COMMITTEE ON JOINT USE BY DEPARTMENT OF THE NAVY AND DEPARTMENT OF THE INTERIOR OF FALLON RANGE TRAINING COMPLEX.
“The Secretary of the Navy and the Secretary of the Interior shall expand the membership of the Fallon Range Training Complex Intergovernmental Executive Committee directed by section 3011(a)(5) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885; 134 Stat. 4349) relating to the management of the natural and cultural resources of the withdrawal land to include representatives of Eureka County, Nevada, the Nevada Department of Agriculture, and the Nevada Division of Minerals.
“SEC. 2998. TRIBAL LIAISON OFFICE.
“The Secretary of the Navy shall establish and maintain a dedicated Tribal liaison position at Naval Air Station Fallon.
“SEC. 2999. TERMINATION OF PRIOR WITHDRAWAL.
“Notwithstanding section 2842 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) and section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65), the withdrawal and reservation under section 3011(a) of that Act is terminated.
“SEC. 2999A. DURATION OF WITHDRAWAL AND RESERVATION.
“The withdrawal and reservation of public land by section 2981 shall terminate on November 6, 2047.”
SEC. 2902. Numu Newe Special Management Area.
Definitions.— In this section:
Management plan.— The term “management plan” means the management plan for the Special Management Area developed under subsection (d).
Secretary.— The term “Secretary” means the Secretary of the Interior.
Special management area.— The term “Special Management Area” means the Numu Newe Special Management Area established by subsection (b).
Establishment.— To protect, conserve, and enhance the unique and nationally important historic, cultural, archaeological, natural, and educational resources of the Numu Newe traditional homeland, subject to valid existing rights, there is established in Churchill and Mineral Counties, Nevada, the Numu Newe Special Management Area, to be administered by the Secretary.
Area Included.— The Special Management Area shall consist of the approximately 217,845 acres of public land in Churchill and Mineral Counties, Nevada, administered by the Bureau of Land Management, as depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022.
Management Plan.—
In general.— Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term management of the Special Management Area.
Consultation.— In developing and implementing the management plan, the Secretary shall consult with—
appropriate Federal, Tribal, State, and local governmental entities; and
interested members of the public.
Requirements.— The management plan shall—
describe the appropriate uses of the Special Management Area;
with respect to any land within the Special Management Area that is withdrawn and reserved for military uses, ensure that management of the Special Management Area is consistent with the purposes under section 2981(c)(2) of the Military Land Withdrawals Act of 2013 (as added by section 2901 of this title) for which the land is withdrawn and reserved;
authorize the use of motor vehicles in the Special Management Area, where appropriate, including providing for the maintenance of existing roads;
incorporate any provision of an applicable land and resource management plan that the Secretary considers to be appropriate;
ensure, to the maximum extent practicable, the protection and preservation of traditional cultural and religious sites within the Special Management Area;
to the maximum extent practicable, carefully and fully integrate the traditional and historical knowledge and special expertise of the Fallon Paiute Shoshone Tribe and other affected Indian tribes;
consistent with subparagraph (D), ensure public access to Federal land within the Special Management Area for hunting, fishing, and other recreational purposes;
not affect the allocation, ownership, interest, or control, as in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right; and
be reviewed not less frequently than annually by the Secretary to ensure the management plan is meeting the requirements of this section.
Military Overflights.— Nothing in this section restricts or precludes—
low-level overflights of military aircraft over the Special Management Area, including military overflights that can be seen or heard within the Special Management Area;
flight testing and evaluation; or
the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Special Management Area.
SEC. 2903. National Conservation Areas.
Numunaa Nobe National Conservation Area.—
Definitions.— In this subsection:
Conservation area.— The term “Conservation Area” means the Numunaa Nobe National Conservation Area established by paragraph (2).
Management plan.— The term “management plan” means the management plan for the Conservation Area developed under paragraph (3)(B).
Secretary.— The term “Secretary” means the Secretary of the Interior.
Establishment.—
In general.— To conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, recreational, and scenic resources of the Conservation Area, subject to valid existing rights, there is established the Numunaa Nobe National Conservation Area in the State of Nevada, to be administered by the Secretary.
Area included.—
In general.— The Conservation Area shall consist of approximately 160,224 acres of public land in Churchill County, Nevada, as generally depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022.
Availability of map.— The map described in clause (i) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Management.—
In general.— The Secretary shall administer the Conservation Area in a manner that conserves, protects, and enhances the resources of the Conservation Area—
in accordance with—
this subsection;
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
any other applicable law; and
as a component of the National Landscape Conservation System.
Management plan.—
In general.— Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a management plan for the Conservation Area.
Consultation.— In developing the management plan, the Secretary shall consult with—
appropriate Federal, State, Tribal, and local governmental entities; and
members of the public.
Requirements.— The management plan shall—
describe the appropriate uses of the Conservation Area;
in accordance with paragraph (5), authorize the use of motor vehicles in the Conservation Area, where appropriate, including for the maintenance of existing roads; and
incorporate any provision of an applicable land and resource management plan that the Secretary considers to be appropriate, to include the Search and Rescue Training Cooperative Agreement between the Bureau of Land Management and the Naval Strike and Air Warfare Training Center dated July 6, 1998, and the Carson City District BLM Administrative Guide to Military Activities on and Over the Public Lands dated January 25, 2012.
Uses.— The Secretary shall allow only those uses of the Conservation Area that the Secretary determines would further the purposes of the Conservation Area.
Motorized vehicles.— Except as needed for administrative purposes, planned military activities authorized by paragraph (3)(B)(iii)(III), or to respond to an emergency, the use of motorized vehicles in the Conservation Area shall be permitted only on roads and trails designated for the use of motorized vehicles by the management plan.
Withdrawal.—
In general.— Subject to valid existing rights, all public land in the Conservation Area is withdrawn from—
all forms of entry, appropriation, and disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
Additional land.— If the Secretary acquires mineral or other interests in a parcel of land within the Conservation Area after the date of enactment of this Act, the parcel is withdrawn from operation of the laws referred to in subparagraph (A) on the date of acquisition of the parcel.
Hunting, fishing, and trapping.—
In general.— Subject to subparagraph (B), nothing in this subsection affects the jurisdiction of the State of Nevada with respect to fish and wildlife, including hunting, fishing, and trapping in the Conservation Area.
Limitations.—
Regulations.— The Secretary may designate by regulation areas in which, and establish periods during which, no hunting, fishing, or trapping will be permitted in the Conservation Area, for reasons of public safety, administration, or compliance with applicable laws.
Consultation required.— Except in an emergency, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under clause (i).
Grazing.— In the case of land included in the Conservation Area on which the Secretary permitted, as of the date of enactment of this Act, livestock grazing, the livestock grazing shall be allowed to continue, subject to applicable laws (including regulations).
No buffer zones.—
In general.— Nothing in this subsection creates a protective perimeter or buffer zone around the Conservation Area.
Activities outside conservation area.— The fact that an activity or use on land outside the Conservation Area can be seen or heard within the Conservation Area shall not preclude the activity or use outside the boundary of the Conservation Area.
Military overflights.— Nothing in this subsection restricts or precludes—
low-level overflights of military aircraft over the Conservation Area, including military overflights that can be seen or heard within the Conservation Area;
flight testing and evaluation; or
the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Conservation Area.
Effect on water rights.— Nothing in this subsection constitutes an express or implied reservation of any water rights with respect to the Conservation Area.
Pistone-Black Mountain National Conservation Area.—
Definitions.— In this subsection:
Conservation area.— The term “Conservation Area” means the Pistone-Black Mountain National Conservation Area established by paragraph (2)(A).
Secretary.— The term “Secretary” means the Secretary of the Interior.
Tribe.— The term “Tribe” means the Walker River Paiute Tribe.
Establishment.—
In general.— To protect, conserve, and enhance the unique and nationally important historic, cultural, archaeological, natural, and educational resources of the Pistone Site on Black Mountain, subject to valid existing rights, there is established in Mineral County, Nevada, the Pistone-Black Mountain National Conservation Area.
Area included.—
In general.— The Conservation Area shall consist of the approximately 3,415 acres of public land in Mineral County, Nevada, administered by the Bureau of Land Management, as depicted on the map entitled “Black Mountain/Pistone Archaeological District” and dated May 12, 2020.
Availability of map.— The map described in clause (i) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Management.—
In general.— The Secretary shall manage the Conservation Area—
in a manner that conserves, protects, and enhances the resources and values of the Conservation Area, including the resources and values described in paragraph (2)(A);
in accordance with—
this subsection;
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
any other applicable law; and
as a component of the National Landscape Conservation System.
Uses.— The Secretary shall allow only those uses of the Conservation Area that the Secretary determines would further the purposes of the Conservation Area.
Tribal cultural resources.— In administering the Conservation Area, the Secretary shall provide for—
access to and use of cultural resources by the Tribe at the Conservation Area; and
the protection from disturbance of the cultural resources and burial sites of the Tribe located in the Conservation Area.
Cooperative agreements.— The Secretary may, in a manner consistent with this subsection, enter into cooperative agreements with the State of Nevada, affected Indian tribes, and institutions and organizations to carry out the purposes of this subsection, subject to the requirement that the Tribe shall be a party to any cooperative agreement entered into under this subparagraph.
Management plan.—
In general.— Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a management plan for the Conservation Area.
Consultation.— In developing the management plan required under subparagraph (A), the Secretary shall consult with—
appropriate State, Tribal, and local governmental entities; and
members of the public.
Requirements.— The management plan developed under subparagraph (A) shall—
describe the appropriate uses and management of the Conservation Area;
incorporate, as appropriate, decisions contained in any other management or activity plan for the land in or adjacent to the Conservation Area;
take into consideration any information developed in studies of the land and resources in or adjacent to the Conservation Area; and
provide for a cooperative agreement with the Tribe to address the historical, archaeological, and cultural values of the Conservation Area.
Withdrawal.—
In general.— Subject to valid existing rights, all public land in the Conservation Area is withdrawn from—
all forms of entry, appropriation, and disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
Additional land.— If the Secretary acquires mineral or other interests in a parcel of land within the Conservation Area after the date of enactment of this Act, the parcel is withdrawn from operation of the laws referred to in subparagraph (A) on the date of acquisition of the parcel.
Hunting, fishing, and trapping.—
In general.— Subject to subparagraph (B), nothing in this subsection affects the jurisdiction of the State of Nevada with respect to fish and wildlife, including hunting, fishing, and trapping in the Conservation Area.
Limitations.—
Regulations.— The Secretary may designate by regulation areas in which, and establish periods during which, no hunting, fishing, or trapping will be permitted in the Conservation Area, for reasons of public safety, administration, or compliance with applicable laws.
Consultation required.— Except in an emergency, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under clause (i).
Grazing.— In the case of land included in the Conservation Area on which the Secretary permitted, as of the date of enactment of this Act, livestock grazing, the livestock grazing shall be allowed to continue, subject to applicable laws (including regulations).
No buffer zones.—
In general.— Nothing in this subsection creates a protective perimeter or buffer zone around the Conservation Area.
Activities outside conservation area.— The fact that an activity or use on land outside the Conservation Area can be seen or heard within the Conservation Area shall not preclude the activity or use outside the boundary of the Conservation Area.
Military overflights.— Nothing in this subsection restricts or precludes—
low-level overflights of military aircraft over the Conservation Area, including military overflights that can be seen or heard within the Conservation Area;
flight testing and evaluation; or
the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Conservation Area.
Effect on water rights.— Nothing in this subsection constitutes an express or implied reservation of any water rights with respect to the Conservation Area.
SEC. 2904. Collaboration with State and County.
It is the sense of Congress that the Secretary of the Navy and Secretary of the Interior should collaborate with the State of Nevada, Churchill County, Nevada, the city of Fallon, Nevada, and affected Indian tribes with the goal of preventing catastrophic wildfire and resource damage in the land withdrawn or owned within the Fallon Range Training Complex.
SEC. 2905. Wilderness Areas in Churchill County, Nevada.
Definitions.— In this section:
Secretary.— The term “Secretary” means the Secretary of the Interior.
Wilderness area.— The term “wilderness area” means a wilderness area designated by subsection (b)(1).
Additions to National Wilderness Preservation System.—
Additions.— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of Federal land in Churchill County, Nevada, are designated as wilderness and as components of the National Wilderness Preservation System:
Clan alpine mountains wilderness.— Certain Federal land managed by the Bureau of Land Management, comprising approximately 128,362 acres, as generally depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, which shall be known as the “Clan Alpine Mountains Wilderness”.
Desatoya mountains wilderness.— Certain Federal land managed by the Bureau of Land Management, comprising approximately 32,537 acres, as generally depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, which shall be known as the “Desatoya Mountains Wilderness”.
Cain mountain wilderness.— Certain Federal land managed by the Bureau of Land Management, comprising approximately 7,664 acres, as generally depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, which shall be known as the “Cain Mountain Wilderness”.
Boundary.— The boundary of any portion of a wilderness area that is bordered by a road shall be at least 150 feet from the edge of the road.
Map and legal description.—
In general.— As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of each wilderness area.
Effect.— Each map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the map or legal description.
Availability.— Each map and legal description prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Withdrawal.— Subject to valid existing rights, each wilderness area is withdrawn from—
all forms of entry, appropriation, and disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing and geothermal leasing laws.
Management.— Subject to valid existing rights, each wilderness area shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and
any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.
Livestock.— The grazing of livestock in a wilderness area administered by the Bureau of Land Management, if established as of the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers necessary, in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405).
Incorporation of Acquired Land and Interests.— Any land or interest in land within the boundaries of a wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the wilderness area within which the acquired land or interest is located.
Water Rights.—
Findings.— Congress finds that—
the wilderness areas—
are located in the semiarid region of the Great Basin region; and
include ephemeral and perennial streams;
the hydrology of the wilderness areas is predominantly characterized by complex flow patterns and alluvial fans with impermanent channels;
the subsurface hydrogeology of the region in which the wilderness areas are located is characterized by—
groundwater subject to local and regional flow gradients; and
unconfined and artesian conditions;
the wilderness areas are generally not suitable for use or development of new water resource facilities; and
because of the unique nature and hydrology of the desert land in the wilderness areas, it is possible to provide for proper management and protection of the wilderness areas and other values of land in ways different from those used in other laws.
Statutory construction.— Nothing in this subsection—
constitutes an express or implied reservation by the United States of any water or water rights with respect to the wilderness areas;
affects any water rights in the State of Nevada (including any water rights held by the United States) in existence on the date of enactment of this Act;
establishes a precedent with regard to any future wilderness designations;
affects the interpretation of, or any designation made under, any other Act; or
limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State of Nevada and other States.
Nevada water law.— The Secretary shall follow the procedural and substantive requirements of Nevada State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas.
New projects.—
Definition of water resource facility.—
In general.— In this paragraph, the term “water resource facility” means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures.
Exclusion.— In this paragraph, the term “water resource facility” does not include wildlife guzzlers.
Restriction on new water resource facilities.— Except as otherwise provided in this section, on and after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within a wilderness area.
Wildfire, Insects, and Disease.— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in a wilderness area as are necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency).
Data Collection.— Subject to such terms and conditions as the Secretary may prescribe, nothing in this section precludes the installation and maintenance of hydrologic, meteorological, or climatological collection devices in a wilderness area, if the Secretary determines that the devices and access to the devices are essential to flood warning, flood control, or water reservoir operation activities.
Military Overflights.— Nothing in this section restricts or precludes—
low-level overflights of military aircraft over a wilderness area, including military overflights that can be seen or heard within a wilderness area;
flight testing and evaluation; or
the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over a wilderness area.
Wildlife Management.—
In general.— In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this chapter affects or diminishes the jurisdiction of the State of Nevada with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness areas.
Management activities.— In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities in the wilderness areas that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out—
consistent with relevant wilderness management plans; and
in accordance with—
the Wilderness Act (16 U.S.C. 1131 et seq.); and
appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), including the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks.
Existing activities.— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), the State may continue to use aircraft (including helicopters) to survey, capture, transplant, monitor, and provide water for wildlife populations.
Wildlife water development projects.— Subject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas if—
the structures and facilities would, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and
the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized.
Hunting, fishing, and trapping.—
In general.— The Secretary may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas.
Consultation.— Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under subparagraph (A).
Cooperative agreement.—
In general.— The State of Nevada, including a designee of the State, may conduct wildlife management activities in the wilderness areas—
in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled “Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9” and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State of Nevada; and
subject to all applicable laws (including regulations).
References.— For the purposes of this subsection, any references to Clark County, Nevada, in the cooperative agreement described this paragraph shall be considered to be a reference to Churchill or Lander County, Nevada, as applicable.
SEC. 2906. Release of Wilderness Study Areas.
Finding.— Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land in Churchill County, Nevada, that is administered by the Bureau of Land Management in the following areas has been adequately studied for wilderness designation:
The Stillwater Range Wilderness Study Area.
The Job Peak Wilderness Study Area.
The Clan Alpine Mountains Wilderness Study Area.
That portion of the Augusta Mountains Wilderness Study Area located in Churchill County, Nevada.
That portion of the Desatoya Mountains Wilderness Study Area located in Churchill County, Nevada.
Any portion of any other wilderness study area located in Churchill County, Nevada, that is not a wilderness area.
Release.— The portions of the public land described in subsection (a) not designated as wilderness by section 2905(b)—
are no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
shall be managed in accordance with—
land management plans adopted under section 202 of that Act (43 U.S.C. 1712); and
existing cooperative conservation agreements.
SEC. 2907. Land Conveyances and Exchanges.
Definitions.— In this section:
City.— The term “City” means the city of Fallon, Nevada.
Public purpose.— The term “public purpose” includes any of the following:
The construction and operation of a new fire station for Churchill County, Nevada.
The operation or expansion of an existing wastewater treatment facility for Churchill County, Nevada.
The operation or expansion of existing gravel pits and rock quarries of Churchill County, Nevada.
The operation or expansion of an existing City landfill.
Public Purpose Conveyances.—
In general.— Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary of the Interior shall convey, subject to valid existing rights and paragraph (2), for no consideration, all right, title, and interest of the United States in approximately 6,892 acres of Federal land to Churchill County, Nevada, and 212 acres of land to the City identified as “Public Purpose Conveyances to Churchill County and City of Fallon” on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022.
Use.— Churchill County, Nevada, and the City shall use the Federal land conveyed under paragraph (1) for public purposes and the construction and operation of public recreational facilities.
Reversionary interest.— If a parcel of Federal land conveyed to Churchill County, Nevada, under paragraph (1) ceases to be used for public recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”; 43 U.S.C. 869 et seq.), the parcel of Federal land shall, at the discretion of the Secretary of the Interior, revert to the United States.
Gravel pit and rock quarry access.— Churchill County, Nevada, shall provide at no cost to the Department of the Interior access to and use of any existing gravel pits and rock quarries conveyed to Churchill County, Nevada, under this section.
Exchange.— The Secretary of the Interior shall seek to enter into an agreement for an exchange with Churchill County, Nevada, for the land identified as “Churchill County Conveyance to the Department of Interior” in exchange for the land administered by the Secretary of the Interior identified as “Department of Interior Conveyance to Churchill County” on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022.
SEC. 2908. Checkerboard Resolution.
In General.— The Secretary of the Interior, in consultation with Churchill County, Nevada, and landowners in Churchill County, Nevada, and after providing an opportunity for public comment, shall seek to consolidate Federal land and non-Federal land ownership in Churchill County, Nevada.
Land Exchanges.—
Land exchange authority.— To the extent practicable, the Secretary of the Interior shall offer to exchange land identified for exchange under paragraph (3) for private land in Churchill County, Nevada, that is adjacent to Federal land in Churchill County, Nevada, if the exchange would consolidate land ownership and facilitate improved land management in Churchill County, Nevada, as determined by the Secretary of the Interior.
Applicable law.— Except as otherwise provided in this section, a land exchange under this section shall be conducted in accordance with—
section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); and
any other applicable law.
Identification of federal land for exchange.— The Secretary of the Interior shall identify appropriate Federal land in Churchill County, Nevada, to offer for exchange from Federal land identified as potentially suitable for disposal in an applicable resource management plan and managed by—
the Commissioner of Reclamation; or
the Director of the Bureau of Land Management.
Equal Value Land Exchanges.—
In general.— Land to be exchanged under this section shall be of equal value, based on appraisals prepared in accordance with—
the Uniform Standards for Professional Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Use of mass appraisals.—
In general.— Subject to subparagraph (B), the Secretary of the Interior may use a mass appraisal to determine the value of land to be exchanged under this section, if the Secretary of the Interior determines that the land to be subject to the mass appraisal is of similar character and value.
Exclusion.— The Secretary of the Interior shall exclude from a mass appraisal under subparagraph (A) any land, the value of which is likely to exceed $250 per acre, as determined by the Secretary of the Interior.
Availability.— The Secretary of the Interior shall make the results of a mass appraisal conducted under subparagraph (A) available to the public.
Funding Eligibility.— Section 4(e)(3)(A) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 31 U.S.C. 6901 note) is amended—
in clause (iv) by inserting “ Churchill,” after “ Lincoln,”;
in clause (x) by striking “ Nevada; and” and inserting “ Nevada;”;
in clause (xi) by striking “ paragraph (2)(A).” and inserting “ paragraph (2)(A); and”; and
by adding at the end the following:
“(xii) reimbursement of costs incurred by the Secretary in the identification, implementation, and consolidation of Federal and non-Federal lands in Churchill County in accordance with section 2908 of division B of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.”
Subtitle B Lander County Economic Development and Conservation
SEC. 2911. Definitions.
PART I Lander County Public Purpose Land Conveyances
SEC. 2921. Definitions.
In this part:
Map.— The term “Map” means the map entitled “Lander County Selected Lands” and dated August 4, 2020.
Secretary concerned.— The term “Secretary concerned” means—
the Secretary, with respect to land under the jurisdiction of the Secretary; and
the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land.
SEC. 2922. Conveyances to Lander County, Nevada.
Conveyance for Watershed Protection, Recreation, and Parks.— Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 60 days after the date on which the County identifies and selects the parcels of Federal land for conveyance to the County from among the parcels identified on the Map as “Lander County Parcels BLM and USFS” and dated August 4, 2020, the Secretary concerned shall convey to the County, subject to valid existing rights and for no consideration, all right, title, and interest of the United States in and to the identified parcels of Federal land (including mineral rights) for use by the County for watershed protection, recreation, and parks.
Conveyance for Airport Facility.—
In general.— Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary concerned shall convey to the County, subject to valid existing rights, including mineral rights, all right, title, and interest of the United States in and to the parcels of Federal land identified on the Map as “Kingston Airport” for the purpose of improving the relevant airport facility and related infrastructure.
Costs.— The only costs for the conveyance to be paid by the County under paragraph (1) shall be the survey costs relating to the conveyance.
Survey.— The exact acreage and legal description of any parcel of Federal land to be conveyed under subsection (a) or (b) shall be determined by a survey satisfactory to the Secretary concerned and the County.
Reversionary Interest.— If a parcel of Federal land conveyed to the County under subsections (a) or (b) ceases to be used for public recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”; 43 U.S.C. 869 et seq.), the parcel of Federal land shall, at the discretion of the Secretary of the Interior, revert to the United States.
Map, Acreage Estimates, and Legal Descriptions.—
Minor errors.— The Secretary concerned and the County may, by mutual agreement—
make minor boundary adjustments to the parcels of Federal land to be conveyed under subsection (a) or (b); and
correct any minor errors in—
the Map; or
an acreage estimate or legal description of any parcel of Federal land conveyed under subsection (a) or (b).
Conflict.— If there is a conflict between the Map, an acreage estimate, or a legal description of Federal land conveyed under subsection (a) or (b), the Map shall control unless the Secretary concerned and the County mutually agree otherwise.
Availability.— The Secretary shall make the Map available for public inspection in—
the Office of the Nevada State Director of the Bureau of Land Management; and
the Bureau of Land Management Battle Mountain Field Office.
PART II Lander County Wilderness Areas
SEC. 2931. Definitions.
SEC. 2932. Designation of Wilderness Areas.
In General.— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the State of Nevada is designated as wilderness and as components of the National Wilderness Preservation System:
Cain mountain wilderness.— Certain Federal land managed by the Director of the Bureau of Land Management, comprising approximately 6,386 acres, generally depicted as “Cain Mountain Wilderness” on the Map, which shall be part of the Cain Mountain Wilderness designated by section 2905(b) of this title.
Desatoya mountains wilderness.— Certain Federal land managed by the Director of the Bureau of Land Management, comprising approximately 7,766 acres, generally depicted as “Desatoya Mountains Wilderness” on the Map, which shall be part of the Desatoya Mountains Wilderness designated by section 2905(b) of this title.
Map and Legal Description.—
In general.— As soon as practicable after the date of enactment of this Act, the Secretary shall file with, and make available for inspection in, the appropriate offices of the Bureau of Land Management, a map and legal description of each wilderness area.
Effect.— Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this chapter, except that the Secretary may correct clerical and typographical errors in the map or legal description.
Administration of Wilderness Areas.— The wilderness areas designated in subsection (a) shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and the wilderness management provisions in section 2905 of this title.
SEC. 2933. Release of Wilderness Study Areas.
Finding.— Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the following public land in the County has been adequately studied for wilderness designation:
The approximately 10,777 acres of the Augusta Mountain Wilderness Study Area within the County that has not been designated as wilderness by section 2902(a) of this title.
The approximately 1,088 acres of the Desatoya Wilderness Study Area within the County that has not been designated as wilderness by section 2902(a) of this title.
Release.— The public land described in subsection (a)—
is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
shall be managed in accordance with the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).