[CPEO-MEF] Defense Authorization; Section 2811

[Aimee Houghton <aimeeh@cpeo.org>]

The following language appears in the Defense Authorization conference 
committee report.  In short, it gives DOD and the services the ability to 
enter into agreements that will limit encroachment.  We'll be reviewing the 
language in more detail soon. --Aimee
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	Subtitle B--Real Property and Facilities Administration
SEC. 2811. Agreements To Limit Encroachments and Other Constraints On 
Military Training, Testing, and Operations.
	(a) In General.Chapter 159 of title 10, United States Code, is amended by 
inserting after section 2684 the following new section:
?§2684a. Agreements to limit encroachments and other constraints on 
military training, testing, and operations
	?(a) Agreements Authorized.The secretary of Defense or the Secretary of a 
military department may enter into an agreement with an eligible entity 
described in subsection (b) to address the use or development of real 
property in the vicinity of a military installation for purposes of
		?(1) limiting any development or use of the property that would be 
incompatible with the mission of the installation; or
		?(2) preserving habitat on the property in a manner that
			?(A) is compatible with environmental requirements; and
			?(B) may eliminate or relieve current or anticipated environmental 
restrictions that would or might otherwise restrict, impede, or otherwise 
interfere, whether directly or indirectly, with current or anticipated 
military training, testing, or operations on the installations.
	?(b) Eligible Entities.An agreement under this section may be entered into 
with any of the following:
		?(1) A State or political subdivision of a State.
		?(2) A private entity that has as its stated principal organizational 
purpose or goal the conservation, restoration, or preservation of land and 
natural resources, or a similar purpose or goal, as determined by the 
Secretary concerned.
	?(c) Inapplicability Of Certain Contract Requirements.Chapter 63 of title 
31 shall not apply to any agreement entered into under this section.	
	?(d) Acquisition And Acceptance Of Property And Interests.(1) An agreement 
with an eligible entity under this section may provide for
		?(A) the acquisition by the entity of all right , title, and interest in 
and to any real property, or any lesser interest in the property, as may be 
appropriate for purposes of this section; and
		?(B) the sharing by the United States and the entity of the acquisition 
costs.
	?(2) Property or interests may not be acquired pursuant to the agreement 
unless the owner of the property or interests consents to the acquisition.
	?(3) The agreement shall require the entity to transfer to the United 
States, upon the request of the Secretary concerned, all or a portion of 
the property or interest acquired under the agreement or a lesser interest 
therein.  The Secretary shall limit such transfer request to the minimum 
property or interests necessary to ensure that the property concerned is 
developed and used in a manner appropriate for purposes of this section.
	?(4) The Secretary concerned may accept on behalf of the United States any 
property or interest to be transferred to the United States under the 
agreement.
	?(5) For purposes of the acceptance of property or interests under the 
agreement, the Secretary concerned may accept an appraisal or title 
documents prepared or adopted by a non-Federal entity as satisfying the 
applicable requirements of section 301 of the Uniform Relocation Assistance 
and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651) or 
section 3111 of title 40, if the Secretary concerned finds that the 
appraisal or title documents substantially comply with the requirements.
	?(e) Acquisition of Water Rights.The authority of the Secretary concerned 
to enter into an agreement under this section for the acquisition of real 
property (or an interest therein) includes the authority to support the 
purchase of water rights from any available source when necessary to 
support or protect the mission of a military installation.
	?(f) Additional Terms And Conditions.The Secretary concerned may require 
such additional terms and conditions in an agreement under this section as 
the Secretary considers appropriate to protect the interests of the United 
States.
	?(g) Funding.(1) Except as provided in paragraph (2), funds authorized to 
be appropriated for operation and maintenance of the Army , Navy , Marine 
Corps, Air Force, or Defense-wide activities may be used to enter into 
agreements under this section.
	?(2) In the case of a military installation operated primarily with funds 
authorized to be appropriated for research, development, test, and 
evaluation, funds authorized to be appropriated for the Army, Navy, Marine 
Corps, Air Force, or Defense-wide activities for research, development, 
test, and evaluation may be used to enter into agreements under this 
section with respect to the installation.
	?(h) Definitions.In this section:
		?(1) the term ?Secretary concerned? means the Secretary of Defense or the 
Secretary of a military department.
		?(2) The term ?State? includes the District of Columbia, the Commonwealth 
of Puerto Rico, the Commonwealth of the Northern Marianas, and the 
territories and possessions of the United States.?.
	(b) Clerical Amendment.The table of sections at the beginning of such 
chapter is amended by inserting after the item relating to section 2684 the 
following new item:

	?2684a. Agreements to limit encroachments and other constraints on 
military training, testing, and operations.?.



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Aimee R. Houghton
Associate Director, CPEO
1101 Connecticut Avenue, NW, Suite 1000
Washington, DC  20036
tel: 202-452-8039; fax: 202-452-8095
Email: aimeeh@cpeo.org
www.cpeo.org
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