Sec. 2813. LIMITATIONS ON USE OR DEVELOPMENT OF PROPERTY IN CLEAR ZONE AREAS AND CLARIFICATION OF AUTHORITY TO LIMIT ENCROACHMENTS

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## SEC. 2813 LIMITATIONS ON USE OR DEVELOPMENT OF PROPERTY IN CLEAR ZONE AREAS AND CLARIFICATION OF AUTHORITY TO LIMIT ENCROACHMENTS Section 2684a of title 10, United States Code, is amended— ####

(1)in subsection (a)— #####

(A)in paragraph (1), by striking “or” at the end; #####

(B)in paragraph (2), by striking the period and inserting “; or”; and #####

(C)by inserting after paragraph

(2)the following new paragraph: > > #### “(3) > > protecting Clear Zone Areas from use or encroachment that is incompatible with the mission of the installation.” > ; ####

(2)by amending subsection

(c)to read as follows: > > ### “(c) Inapplicability of Certain Contract Requirements > > Notwithstanding chapter 63 of title 31, an agreement under this section that is a cooperative agreement or a grant may be used to acquire property or services for the direct benefit or use of the United States Government.” > ; ####

(3)in subsection (d)— #####

(A)in paragraph (3)— ######

(i)by inserting “, and the monitoring and enforcement of any right, title, or interest in,” after “resources on”; ######

(ii)by inserting “and monitoring and enforcement” after “natural resource management”; and ######

(iii)by adding at the end the following: > “Any such payment by the United States— > > > ##### “(A) > > may be paid in a lump sum and include an amount intended to cover the future costs of natural resource management and monitoring and enforcement; and > > > ##### “(B) > > may be placed by the eligible entity in an interest-bearing account, and any interest shall be applied for the same purposes as the principal.” > ; and #####

(B)in paragraph (5)— ######

(i)inserting “(A)” after “(5)”; ######

(ii)by inserting after the first sentence the following: “No such requirement need be included in the agreement if the property or interest is being transferred to a State, or the agreement requires it to be subsequently transferred to a State, and the Secretary concerned determines that the laws and regulations applicable to the future use of such property or interest provide adequate assurance that the property concerned will be developed and used in a manner appropriate for purposes of this section.”; and ######

(iii)by adding at the end the following new subparagraph: > > ##### “(B) > > Notwithstanding subparagraph (A), if all or a portion of the property or interest acquired under the agreement is subsequently transferred to the United States and administrative jurisdiction over the property is under a Federal official other than a Secretary concerned, the Secretary concerned and that Federal official shall enter into a memorandum of agreement providing, to the satisfaction of the Secretary concerned, for the management of the property or interest concerned in a manner appropriate for purposes of this section. Such memorandum of agreement shall also provide that, should it be proposed that the property or interest concerned be developed or used in a manner not appropriate for purposes of this section, including declaring the property to be excess to the agency’s needs or proposing to exchange the property for other property, the Secretary concerned may request that administrative jurisdiction over the property be transferred to the Secretary concerned at no cost, and, upon such a request being made, the administrative jurisdiction over the property shall be transferred accordingly.” > ; and ####

(4)in subsection (i), by inserting after paragraph

(2)the following new paragraph: > > #### “(3) > > The term ‘Clear Zone Area’ means an area immediately beyond the end of the runway of an airfield that is needed to ensure the safe and unrestricted passage of aircraft in and over the area.” > .