Military Construction Appropriations Act, 2005
Legislative Activity
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Senate passed companion measure H.R. 4837 in lieu of this measure by Yea-Nay Vote. 91 - 0. Record Vote Number: 185.
September 20, 2004
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Committee on Appropriations Subcommittee on Military Construction. Hearings held prior to introduction and/or referral.
March 30, 2004
Committee on Appropriations Subcommittee on Military Construction. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 108-738.
April 7, 2004
Introduced in Senate
July 15, 2004
Committee on Appropriations ordered to be reported an original measure.
July 15, 2004
Committee on Appropriations. Original measure reported to Senate by Senator Hutchison. With written report No. 108-309.
July 15, 2004
Placed on Senate Legislative Calendar under General Orders. Calendar No. 637.
July 15, 2004
Measure laid before Senate by unanimous consent. (consideration: CR S9242)
September 15, 2004
The bill was read the third time by Unanimous Consent.
September 15, 2004
Returned to the Calendar. Calendar No. 637.
September 15, 2004
Senate incorporated this measure in H.R. 4837 as an amendment.
September 15, 2004
Senate passed companion measure H.R. 4837 in lieu of this measure by Yea-Nay Vote. 91 - 0. Record Vote Number: 185.
September 20, 2004
Floor Debate
21 membersWhat members said about S. 2674 on the floor




+16
Floor Debate
21 membersWhat members said about S. 2674 on the floor
I call up amendment No. 3671 and ask for its immediate consideration. Absolutely. Fifteen minutes or less. I ask unanimous consent that the following Senators be added as cosponsors: Senators Biden,…
Mr. President, I send an amendment to the desk. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. Mr. President, I ask unanimous consent that Senator Reid of…
Mr. President, the senior Senator from Kentucky and I have been working very closely for the last week to get rid of as many amendments as we could. I think we have done a lot of that. As I said on…
Madam President, I yield such time as he needs to the distinguished chairman of the Homeland Security Appropriations Committee, who did such a wonderful job this week passing our Homeland Security…
Mr. President, I am pleased to join my chairman, Senator Hutchison, in recommending the 2005 Military Construction appropriations bill to the Senate. I thank her because it has been quite wonderful…
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Mr. President, I report to the majority leader and the Democratic leader, as far as this side is concerned, we believe we only have one amendment that may require a rollcall vote and we are working…
Madam President, I would like to commend Chairman McConnell and ranking member Leahy for drafting a Foreign Operations Appropriations bill that provides a generous amount of foreign assistance to…
Madame President, I rise to offer an amendment. My amendment serves two purposes. First, to ensure that credit guarantees extended by the Export-Import Bank to help build an ethanol dehydration plant…
Madam President, as I noted earlier today on the Senate floor, I had the privilege of attending the inaugural ceremony of His Excellency Miguel Angel Rodriguez to be the next Secretary General of the…
Mr. President, I support passage of the fiscal year 2005 Military Construction Appropriations Act. This bill provides $10 billion in funding for important military construction activities including…
Mr. President, I direct a question through the Chair to the distinguished Senator from New Jersey. It is my understanding that Senator DeWine is going to be a cosponsor of this amendment; is that…
Madam President, the last few years have seen an enormous amount of change in the make up of the Middle East. Thanks to the will of President Bush and the skill and sacrifice of our men and women in…
Mr. President, I propose this amendment in the hope that it will help Congress to assess the progress that is being made in reforming Pakistan's secular and religious educational system. This…
Show 11 more
Mr. President, I rise to add my strong support to the efforts of the Senator from New Jersey. The situation in Sudan has been plaguing the civilized world for years. Despite the best efforts of those…
Mr. President, I thank Senator Feinstein for yielding to me at this time. I wish to express my appreciation on behalf of everyone at Dover Air Force Base for project funds that are included in this…
Madam President, I support passage of the Foreign Operations Appropriations Act for fiscal year 2005. This important legislation funds the international development and assistance portion of our…
Mr. President, before the Senator from California yields back her time, may I be recognized? I had some meetings this morning and was not planning on coming to the Chamber, but walking through the…
Mr. President, we have had a long day already, but we made real progress. Again, over the course of the day, people do not see all the activity that has gone on. The managers of the bill and myself…
How much time is remaining on either side? Mr. President, I ask unanimous consent that the Senator from California get 2\1/2\ minutes of the majority time. Mr. President, this is a bill that is cut…
Madam President, the pending Foreign Operations appropriations bill for Fiscal Year 2005, S. 2674, as reported by the Senate Committee on Appropriations, provides $19.386 billion in discretionary…
Mr. President, would the Senators from Texas and California be willing to engage me in a colloquy? Mr. President, I have come to the floor today to speak about the Florida National Guard and the…
Mr. President, I will be equally brief to commend my colleague from New Jersey, Senator Corzine, for his extraordinary leadership on this bipartisan amendment. Senator DeWine of Ohio is a cosponsor…
Madam President, I thank the distinguished Senator from Texas for yielding briefly to me. I take this opportunity to thank the staff members who worked so hard on the appropriations subcommittee for…
Mr. President, I agree wholeheartedly with the majority leader. We have a window of about 24 hours. A number of colleagues have indicated to us that they would prefer that we not have any votes at…
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2674 Placed on Calendar Senate (PCS)]
Calendar No. 637
108th CONGRESS
2d Session
S. 2674
[Report No. 108-309]
Making appropriations for military construction, family housing, and
base realignment and closure for the Department of Defense for the
fiscal year ending September 30, 2005, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2004
Mrs. Hutchison, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for military construction, family housing, and
base realignment and closure for the Department of Defense for the
fiscal year ending September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated for military construction, family housing, and base
realignment and closure functions administered by the Department of
Defense, for the fiscal year ending September 30, 2005, and for other
purposes, namely:
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,977,166,000, to remain
available until September 30, 2009: Provided, That of this amount, not
to exceed $187,216,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of his determination and
the reasons therefor.
Military Construction, Navy
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy as currently authorized by law,
including personnel in the Naval Facilities Engineering Command and
other personal services necessary for the purposes of this
appropriation, $1,016,315,000, to remain available until September 30,
2009: Provided, That of this amount, not to exceed $110,277,000 shall
be available for study, planning, design, architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of his determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $841,131,000, to remain available until September 30, 2009:
Provided, That of this amount, not to exceed $180,507,000 shall be
available for study, planning, design, architect and engineer services,
as authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of his
determination and the reasons therefor.
Military Construction, Defense-Wide
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$696,491,000, to remain available until September 30, 2009: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as he may designate, to be merged with and to be available for
the same purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That of the amount
appropriated, not to exceed $66,336,000 shall be available for study,
planning, design, architect and engineer services, as authorized by
law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of his determination and
the reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $381,765,000, to remain available until September
30, 2009.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $231,083,000, to remain available until September
30, 2009.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $66,325,000, to
remain available until September 30, 2009.
Military Construction, Naval Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $33,735,000, to remain available until September
30, 2009.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $101,373,000, to
remain available until September 30, 2009.
North Atlantic Treaty Organization Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized in
Military Construction Authorization Acts and section 2806 of title 10,
United States Code, $165,800,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension and
alteration, as authorized by law, $636,099,000, to remain available
until September 30, 2009.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $928,907,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension and alteration, as authorized by law, $139,107,000, to remain
available until September 30, 2009.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $704,504,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension and
alteration, as authorized by law, $846,959,000, to remain available
until September 30, 2009.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $856,114,000.
Family Housing Construction, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
construction, including acquisition, replacement, addition, expansion,
extension and alteration, as authorized by law, $49,000, to remain
available until September 30, 2009.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $49,575,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$2,500,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Chemical Demilitarization Construction, Defense
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521),
and for the destruction of other chemical warfare materials that are
not in the chemical weapon stockpile, as currently authorized by law,
$81,886,000, to remain available until September 30, 2009: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction as he may
designate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation to which
transferred.
Base Realignment and Closure Account
For deposit into the Department of Defense Base Closure Account
1990 established by section 2906(a)(1) of the Department of Defense
Authorization Act, 1991 (Public Law 101-510), $246,116,000, to remain
available until expended.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in Military Construction
Appropriations Acts shall be expended for payments under a cost-plus-a-
fixed-fee contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except Alaska,
without the specific approval in writing of the Secretary of Defense
setting forth the reasons therefor.
Sec. 102. Funds appropriated to the Department of Defense for
construction shall be available for hire of passenger motor vehicles.
Sec. 103. Funds appropriated to the Department of Defense for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the construction of
access roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as important to
the national defense by the Secretary of Defense.
Sec. 104. None of the funds appropriated in this Act may be used to
begin construction of new bases inside the continental United States
for which specific appropriations have not been made.
Sec. 105. No part of the funds provided in Military Construction
Appropriations Acts shall be used for purchase of land or land
easements in excess of 100 percent of the value as determined by the
Army Corps of Engineers or the Naval Facilities Engineering Command,
except: (1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or his designee; (3)
where the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds appropriated in Military Construction
Appropriations Acts shall be used to: (1) acquire land; (2) provide for
site preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in annual
Military Construction Appropriations Acts.
Sec. 107. None of the funds appropriated in Military Construction
Appropriations Acts for minor construction may be used to transfer or
relocate any activity from one base or installation to another, without
prior notification to the Committees on Appropriations.
Sec. 108. No part of the funds appropriated in Military
Construction Appropriations Acts may be used for the procurement of
steel for any construction project or activity for which American steel
producers, fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds appropriated in Military Construction
Appropriations Acts may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations.
Sec. 111. None of the funds appropriated in Military Construction
Appropriations Acts may be obligated for architect and engineer
contracts estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any NATO member country, or in
countries bordering the Arabian Sea, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds appropriated in Military Construction
Appropriations Acts for military construction in the United States
territories and possessions in the Pacific and on Kwajalein Atoll, or
in countries bordering the Arabian Sea, may be used to award any
contract estimated by the Government to exceed $1,000,000 to a foreign
contractor: Provided, That this section shall not be applicable to
contract awards for which the lowest responsive and responsible bid of
a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the lowest
responsive and responsible bid is submitted by a Marshallese
contractor.
Sec. 113. The Secretary of Defense is to inform the appropriate
committees of Congress, including the Committees on Appropriations, of
the plans and scope of any proposed military exercise involving United
States personnel 30 days prior to its occurring, if amounts expended
for construction, either temporary or permanent, are anticipated to
exceed $100,000.
Sec. 114. Not more than 20 percent of the appropriations in
Military Construction Appropriations Acts which are limited for
obligation during the current fiscal year shall be obligated during the
last 2 months of the fiscal year.
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 116. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds
appropriated to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were appropriated if
the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
Sec. 118. The Secretary of Defense is to provide the Committees on
Appropriations of the Senate and the House of Representatives with an
annual report by February 15, containing details of the specific
actions proposed to be taken by the Department of Defense during the
current fiscal year to encourage other member nations of the North
Atlantic Treaty Organization, Japan, Korea, and United States allies
bordering the Arabian Sea to assume a greater share of the common
defense burden of such nations and the United States.
Sec. 119. During the current fiscal year, in addition to any other
transfer authority available to the Department of Defense, proceeds
deposited to the Department of Defense Base Closure Account established
by section 207(a)(1) of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526) pursuant to section
207(a)(2)(C) of such Act, may be transferred to the account established
by section 2906(a)(1) of the Department of Defense Authorization Act,
1991, to be merged with, and to be available for the same purposes and
the same time period as that account.
Sec. 120. Subject to 30 days prior notification to the Committees
on Appropriations, such additional amounts as may be determined by the
Secretary of Defense may be transferred to (1) the Department of
Defense Family Housing Improvement Fund from amounts appropriated for
construction in ``Family Housing'' accounts, to be merged with and to
be available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund, or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in
``Military Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available to cover
the costs, as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the Department of
Defense pursuant to the provisions of subchapter IV of chapter 169,
title 10, United States Code, pertaining to alternative means of
acquiring and improving military family housing, military unaccompanied
housing, and supporting facilities.
Sec. 121. None of the funds appropriated or made available by this
Act may be obligated for Partnership for Peace Programs in the New
Independent States of the former Soviet Union.
Sec. 122. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for military family
housing the Secretary of the military department concerned shall submit
to the congressional defense committees the notice described in
subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments)
proposed to be made by the Secretary to the private party under the
contract involved in the event of--
(A) the closure or realignment of the installation for
which housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the nature of
the guarantee involved and assess the extent and likelihood, if any, of
the liability of the Federal Government with respect to the guarantee.
(c) In this section, the term, ``congressional defense committees''
means the following:
(1) The Committee on Armed Services and the Military
Construction Subcommittee, Committee on Appropriations of the
Senate.
(2) The Committee on Armed Services and the Military
Construction Subcommittee, Committee on Appropriations of the
House of Representatives.
Sec. 123. During the current fiscal year, in addition to any other
transfer authority available to the Department of Defense, amounts may
be transferred from the account established by section 2906(a)(1) of
the Department of Defense Authorization Act, 1991, to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program. Any amounts
transferred shall be merged with and be available for the same purposes
and for the same time period as the fund to which transferred.
Sec. 124. Notwithstanding this or any other provision of law, funds
appropriated in Military Construction Appropriations Acts for
operations and maintenance of family housing shall be the exclusive
source of funds for repair and maintenance of all family housing units,
including general or flag officer quarters: Provided, That not more
than $35,000 per unit may be spent annually for the maintenance and
repair of any general or flag officer quarters without 30 days advance
prior notification to the appropriate committees of Congress, except
that an after-the-fact notification shall be submitted if the
limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably anticipated at
the time of the budget submission: Provided further, That the Under
Secretary of Defense (Comptroller) is to report annually to the
Committees on Appropriations all operations and maintenance
expenditures for each individual general or flag officer quarters for
the prior fiscal year.
Sec. 125. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 126. No funds appropriated in this Act under the heading
``North Atlantic Treaty Organization Security Investment Program'', and
no funds appropriated for any fiscal year before fiscal year 2005 for
that program that remain available for obligation, may be obligated or
expended for the conduct of studies of missile defense.
Sec. 127. Section 128(b)3(A) of Public Law 108-132 is amended by
striking the words ``December 31, 2004'' and replacing with ``August
15, 2005''.
Sec. 128. During the current fiscal year, amounts contained in the
Ford Island Improvement Account established under 10 U.S.C. 2814(h) are
appropriated and shall be available until expended for the purposes
specified in 10 U.S.C. 2814(i)(1) or until transferred pursuant to the
provisions of 10 U.S.C. 2814(i)(3).
Sec. 129. (a) Transfer of Certain Excess Property at Fort Hunter
Liggett, California.--
(1) Notwithstanding any other provision of law, whenever
the Secretary of the Army determines that any portion of real
property consisting of approximately 165,000 acres at Fort
Hunter Liggett, California, is excess to the military needs of
the Army, the Secretary of the Army shall first offer the
property to the Secretary of Agriculture.
(2) If the Secretary of Agriculture determines, pursuant to
negotiations with the Secretary of the Army, to accept any
property offered under paragraph (1), the Secretary of the Army
shall transfer administrative jurisdiction of such property to
the Secretary of Agriculture.
(b) Management of Transferred Property.--
(1) The Secretary of Agriculture shall manage any property
transferred under subsection (a) as part of the National Forest
System under the Act of March 1, 1911 (commonly known as
``Weeks Law'') (16 U.S.C. 480 et seq.), and other laws relating
to the National Forest System.
(2) Any property managed under paragraph (1) shall be
subject to the concurrent jurisdiction of the State of
California.
(c) Adjustment of Boundaries.--
(1) Effective upon the transfer of property under
subsection (a), the boundaries of Los Padres National Forest
shall be modified to incorporate such property. The Chief of
the United States Forest Service shall file and make available
for public inspection in the Office of the Chief of the United
States Forest Service in Washington, District of Columbia, a
map reflecting any modification of the boundaries of Los Padres
National Forest pursuant to the preceding sentence.
(2) Any property incorporated within the boundaries of Los
Padres National Forest under this section shall be deemed to
have been within the boundaries of Los Padres National Forest
as of January 1, 1965, for purposes of section 7(a) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9(a)).
(d) Environmental Matters.--
(1) As part of the transfer of property under subsection
(a), the Secretary of the Army shall--
(A) provide the Secretary of Agriculture all
documentation and information in the possession of the
Secretary of the Army on the environmental condition of
such property, including an environmental baseline
survey or its equivalent; and
(B) perform all environmental remediation and
response necessary to protect human health and the
environment on such property to the extent consistent
with the use of such property as part of the National
Forest System.
(2)(A) The transfer of property under subsection (a) shall
not affect the responsibilities of the Secretary of the Army
with respect to such property under any applicable
environmental law, including Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
(B) Pursuant to the transfer of property, the Secretary of
the Army shall perform all environmental remediation and
response with respect to environmental contamination or injury
to natural resources on such property that are attributable to
former military activities on such property to the extent
consistent with the use of such property as part of the
National Forest System.
(C) The Secretary of Agriculture shall have no liability
for any environmental remediation and response described in
subparagraph (B).
This Act may be cited as the ``Military Construction Appropriations
Act, 2005''.
Calendar No. 637
108th CONGRESS
2d Session
S. 2674
[Report No. 108-309]
_______________________________________________________________________
A BILL
Making appropriations for military construction, family housing, and
base realignment and closure for the Department of Defense for the
fiscal year ending September 30, 2005, and for other purposes.
_______________________________________________________________________
July 15, 2004
Read twice and placed on the calendar