Sec. 371. PREVENTION OF ENCROACHMENT ON MILITARY TRAINING ROUTES AND MILITARY OPERATIONS AREAS

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## SEC. 371 PREVENTION OF ENCROACHMENT ON MILITARY TRAINING ROUTES AND MILITARY OPERATIONS AREAS Section 183a of title 10, United States Code, is amended— ####

(1)in subsection (c)(6), in the second sentence— #####

(A)by striking “radar or airport surveillance radar operated” and inserting “radar, airport surveillance radar, or wide area surveillance over-the-horizon radar operated”; and #####

(B)by inserting “Any setback for a project pursuant to the previous sentence shall not be more than what is determined to be necessary by a technical analysis conducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity.” after “mitigation options.”; ####

(2)in subsection (d)— #####

(A)in paragraph (2)(E), by striking “to a Deputy Secretary of Defense, an Under Secretary of Defense, or a Principal Deputy Under Secretary of Defense” and inserting “to the Deputy Secretary of Defense, an Under Secretary of Defense, or a Deputy Under Secretary of Defense”; #####

(B)by redesignating paragraph

(3)as paragraph (4); and #####

(C)by inserting after paragraph

(2)the following new paragraph (3): > > #### “(3) > > The governor of a State may recommend to the Secretary of Defense additional geographical areas of concern within that State. Any such recommendation shall be submitted for notice and comment pursuant to paragraph (2)(C).” > ; ####

(3)in subsection (e)(3), by striking “an under secretary of defense, or a deputy under secretary of defense” and inserting “an Under Secretary of Defense, or a Deputy Under Secretary of Defense”; ####

(4)in subsection (f), in the first sentence, by striking “from an applicant for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49” and inserting “from an entity requesting a review by the Clearinghouse under this section”; and ####

(5)in subsection (h)— #####

(A)by redesignating paragraphs (3), (4), (5), (6), and

(7)as paragraphs (4), (5), (6), (7), and (9), respectively; #####

(B)by inserting after paragraph

(2)the following new paragraph (3): > > #### “(3) > > The term ‘governor’, with respect to a State, means the chief executive officer of the State.” > ; #####

(C)in paragraph (7), as redesignated by subparagraph (A), by striking “by the Federal Aviation Administration” and inserting “by the Administrator of the Federal Aviation Administration”; and #####

(D)by inserting after paragraph (7), as redesignated by subparagraph (A), the following new paragraph: > > #### “(8) > > The term ‘State’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, and American Samoa.” > .