Sec. 2805. UPDATES AND MODIFICATIONS TO DEPARTMENT OF DEFENSE FORM 1391, UNIFIED FACILITIES CRITERIA, AND MILITARY INSTALLATION MASTER PLANS
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## SEC. 2805 UPDATES AND MODIFICATIONS TO DEPARTMENT OF DEFENSE FORM 1391, UNIFIED FACILITIES CRITERIA, AND MILITARY INSTALLATION MASTER PLANS ###
(a)Flood Risk Disclosure for Military Construction **[**[10 U.S.C. 2802 note](/us/usc/t10/s2802)**]** ####
(1)In general The Secretary of Defense shall modify Department of Defense Form 1391 to require, with respect to any proposed major or minor military construction project requiring congressional notification or approval— #####
(A)disclosure whether a proposed project will be sited within or partially within a 100-year floodplain or a 500-year floodplain if outside a 100-year floodplain, according to the most recent available Federal Emergency Management Agency flood hazard data, or will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project; and #####
(B)if the proposed project will be sited within or partially within a floodplain described in subparagraph
(A)or will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project, the specific risk mitigation plan. ####
(2)Delineation of floodplain To the extent that Federal Emergency Management Agency flood hazard data are not available for a proposed major or minor military construction site, the Secretary concerned shall establish a process for delineating the 100-year floodplain using risk analysis that is consistent with the standards used to inform Federal flood risk assessments. ####
(3)Reporting requirements For proposed projects that are to be sited within or partially within a 100-year floodplain or are to be impacted by projected current and future mean sea level fluctuations over the lifetime of the project, the Secretary concerned shall submit to the congressional defense committees a report with the following: #####
(A)An assessment of flood vulnerability for the proposed project using hydrologic, hydraulic, and hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science over the anticipated service life of the facility and future forecasted land use changes. #####
(B)Any information concerning alternative construction sites that were considered, and an explanation of why those sites do not satisfy mission requirements. #####
(C)A description of planned flood mitigation measures. #####
(D)A description of how the proposed project has taken into account projected current and future flood risk and mean sea level fluctuations over the lifetime of the project. ####
(4)Minimum flood mitigation requirements When mitigating the flood risk of a major or minor military construction project within or partially within the 100-year floodplain or that will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project, the Secretary concerned shall require any mitigation plan to assume— #####
(A)an additional 2 feet above the base flood elevation for non-mission critical facilities, as determined by the Secretary; #####
(B)an additional 3 feet above the base flood elevation for mission-critical facilities, as determined by the Secretary; and #####
(C)any additional flooding that will result from projected current and future flood risk and mean sea level fluctuations over the lifetime of the project. ###
(b)Disclosure Requirements for Department of Defense Form 1391 **[**[10 U.S.C. 2802 note](/us/usc/t10/s2802)**]** Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall amend Department of Defense Form 1391 to require, for each requested military construction project— ####
(1)disclosure whether the project was included in the prior year’s future-years defense program submitted to Congress pursuant to section 221 of title 10, United States Code; and ####
(2)inclusion of an energy study or life cycle analysis. ###
(c)Incorporation of Changing Environmental Condition Projections in Military Construction Designs and Modifications **[**[10 U.S.C. 2864 note](/us/usc/t10/s2864)**]** ####
(1)Fiscal year 2019 Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall amend section 3-5.6.2.3 of Unified Facilities Criteria15
(UFC)2-100-01 and UFC 2-100-02 (or any similar successor regulations) to provide that in order to anticipate changing environmental conditions during the design life of existing or planned new facilities and infrastructure, projections from reliable and authorized sources such as the Census Bureau (for population projections), the National Academies of Sciences (for land use change projections and climate projections), the U.S. Geological Survey (for land use change projections), and the U.S. Global Change Research Office and National Climate Assessment (for climate projections) shall be considered and incorporated into military construction designs and modifications. 15Effective as of the date of enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 [August 13, 2018], section 1731(b)(4) of division A of Public Law 116-92 provides for an amendment to section 2805(c) of this Act by striking “United Facilities Criteria” and inserting “Unified Facilities Criteria”. Effective on December 20, 2019, section 2804(c)(2) of division B of Public Law 116-92 attempts to amend such section 2805(c) of this Act, by striking “United Facilities Criteria
(UFC)2-100-01 and UFC 2-100-02’’ and inserting ‘‘Unified Facilities Criteria
(UFC)1-200-01 and UFC 1-200-02’’; however, this latter amendment could not be carried out as a result of the earlier amendment made by section 1731(b)(4) of such Public Law. ####
(2)Fiscal year 2020 #####
(A)Amendments required Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary of Defense shall amend the Unified Facilities Criteria as follows: ######
(i)To require that installations of the Department of Defense assess the risks from extreme weather and related effects, and develop plans to address such risks. ######
(ii)To require in the development of such Criteria the use of— ######
(I)land use change projections through the use of land use and land cover modeling by the United States Geological Survey; and ######
(II)weather projections— ######
(aa)from the United States Global Change Research Program, including in the National Climate Assessment; or ######
(bb)from the National Oceanic and Atmospheric Administration, if such projections are more up-to-date than projections under item (aa). ######
(iii)To require the Secretary of Defense to provide guidance to project designers and master planners on how to use weather projections. ######
(iv)To require the use throughout the Department of the Naval Facilities Engineering Command Climate Change Installation Adaptation and Resilience planning handbook, as amended (or similar publication of the Army Corps of Engineers). #####
(B)Notification If the Secretary of Defense determines that a projection other than a projection described in subparagraph (A)(ii) is more appropriate for use in amending the Unified Facilities Criteria, the Secretary shall notify the congressional defense committees of such determination, which shall include the rationale underlying such determination and a description of such other projection. ###
(d)Inclusion of Consideration of Energy and Climate Resiliency Efforts in Master Plans for Major Military Installations Section 2864 of title 10, United States Code, is amended— ####
(1)in subsection (a)(2)— #####
(A)in subparagraph (C), by striking “and” at the end; #####
(B)in subparagraph (D), by striking the period at the end and inserting “; and”; and #####
(C)by adding at the end the following new subparagraph: > > ##### “(E) > > energy and climate resiliency efforts.” > ; and ####
(2)in subsection (d), by adding at the end the following new paragraph: > > #### “(3) > > The term ‘energy and climate resiliency’ means anticipation, preparation for, and adaptation to utility disruptions and changing environmental conditions and the ability to withstand, respond to, and recover rapidly from utility disruptions while ensuring the sustainment of mission-critical operations.” > . ###
(e)Definition of Military Installation Resilience Section 101(e) of title 10, United States Code, is amended by adding at the end the following new paragraph: > > #### “(8) Military installation resilience > > The term ‘military installation resilience’ means the capability of a military installation to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, or from anticipated or unanticipated changes in environmental conditions, that do, or have the potential to, adversely affect the military installation or essential transportation, logistical, or other necessary resources outside of the military installation that are necessary in order to maintain, improve, or rapidly reestablish installation mission assurance and mission-essential functions.” > . ###
(f)Adjustment and Diversification Assistance for Responding to Threats to the Resilience of a Military Installation Section 2391(b)(1) of title 10, United States Code, is amended— ####
(1)by striking “, or
(E)by the closure” and inserting “,
(E)by threats to military installation resilience, or
(F)by the closure”; ####
(2)by striking “(A), (B), (C), or (E)” and inserting “(A), (B), (C), or (F)”; and ####
(3)by striking “action described in clause (D), if the Secretary determines that the encroachment of the civilian community” and inserting “action described in clause
(D)or (E), if 132 STAT. 2264 the Secretary determines that either the encroachment of the civilian community or threats to military installation resilience”.
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Sec. 2805
UPDATES AND MODIFICATIONS TO DEPARTMENT OF DEFENSE FORM 1391, UNIFIED FACILITIES CRITERIA, AND MILITARY INSTALLATION MASTER PLANS
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