S.Amdt. 1169

1. Adds SEC. 2705. SPECIAL CONSIDERATIONS RELATED TO TRANSPORTATION INFRASTRUCTURE IN CONSIDERATION AND SELECTION OF MILITARY INSTALLATIONS FOR CLOSURE OR REALIGNMENT at the end of title XXVII

   Adds a section

   In S. 1867 · Placed on Calendar Senate

   Amounts previously authorized for base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act for fiscal years prior to fiscal year 2012 are hereby reduced by $100,000,000.

   Inserted: SEC. 2705. SPECIAL CONSIDERATIONS RELATED TO TRANSPORTATION INFRASTRUCTURE IN CONSIDERATION AND SELECTION OF MILITARY INSTALLATIONS FOR CLOSURE OR REALIGNMENT.

   Inserted: (a) Modification of Selection Criteria.--Subsection (b)(1) of section 2687 of title 10, United States Code, is amended--

   Inserted: (1) by striking "notification an evaluation" and inserting "notification--

   Inserted: "(A) an evaluation"; and

   Inserted: (2) by adding at the end the following new subparagraph:

   Inserted: "(B) the criteria used to consider and recommend military installations for such closure or realignment, which shall include at a minimum consideration of--

   Inserted: "(i) the ability of the infrastructure (including transportation infrastructure) of both the existing and receiving communities to support forces, missions, and personnel as a result of such closure or realignment; and

   Inserted: "(ii) the costs associated with community transportation infrastructure improvements as part of the evaluation of cost savings or return on investment of such closure or realignment; and".

   Inserted: (b) Effect of Significant Impacts.--Such section is further amended by adding at the end the following new subsection:

   Inserted: "(f) If the Secretary of Defense or the Secretary of the military department concerned determines, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), that a significant transportation impact will occur at a result of an action described in subsection (a), the action may not be taken unless and until the Secretary of Defense or the Secretary of the military department concerned--

   Inserted: "(1) analyzes the adequacy of transportation infrastructure at and in the vicinity of each military installation that would be impacted by the action;

   Inserted: "(2) concludes consultation with the Federal Highway Administration with regard to such impact; and

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   Inserted: "(3) includes in the notification required by subsection (b)(1) a description of how the Secretary intends to remediate the significant transportation impact.".

   Inserted: (c) Transportation Infrastructure Defined.--Subsection (e) of such section is amended by adding at the end the following new paragraph:

   Inserted: "(5) The term 'transportation infrastructure' includes transit, pedestrian, and bicycle infrastructure.".

   Inserted: (d) Relation to Commission Base Closure Process.--If the development of recommendations for the closure and realignment of military installations utilizes a Defense Base Closure and Realignment Commission (as was the case under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), rather than the authority of section 2687 of title 10, United States Code, the amendments made by this section shall apply to the resulting development of recommendations for the closure and realignment of military installations by the Secretary of Defense and the Commission.

   Inserted: SEC. 2706. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO ADDRESS TRANSPORTATION INFRASTRUCTURE IN VICINITY OF MILITARY INSTALLATIONS.

   Inserted: (a) Availability of Defense Access Roads Funds for BRAC-related Transportation Improvements.--

   Inserted: (1) Availability of defense access roads funds.--Section 210(a)(2) of title 23, United States Code, is amended by adding at the end the following new sentence: "The Secretary of Defense shall determine the magnitude of the required improvements without regard to the extent to which traffic generated by the reservation is greater than other traffic in the vicinity of the reservation.".

   Inserted: (2) Retroactive application.--The amendment made by paragraph (1) shall apply with respect to the implementation of the recommendations of the Defense Base Closure and Realignment Commission contained in the report of the Commission received by Congress on September 19, 2005, under section 2903(e) of 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).

   Inserted: (b) Economic Adjustment Committee Consideration of Additional Defense Access Roads Funding Sources.--

   Inserted: (1) Convening of committee.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, as the chairperson of the Economic Adjustment Committee established in Executive Order 127887 (10 U.S.C. 2391 note), shall convene the Economic Adjustment Committee to consider additional sources of funding for the defense access roads program under section 210 of title 23, United States Code.

   Inserted: (2) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report describing the results of the Economic Adjustment Committee deliberations and containing an implementation plan to expand funding sources for the mitigation of significant transportation impacts to access to military reservations pursuant to subsection (b) of section 210 of title 23, United States Code, as amended by subsection (a).

   Inserted: (c) Separate Budget Request for Program.--Amounts requested for a fiscal year for the defense access roads program under section 210 of title 23, United States Code, shall be set forth as a separate budget request in the budget transmitted by the President to Congress for that fiscal year under section 1105 of title 31, United States Code.

   Original wording

   At the end of title XXVII, add the following:

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As printed