Sec. 204. IMPLEMENTATION

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## SEC. 204 IMPLEMENTATION ###

(a)In General In closing or realigning a military installation under this title, the Secretary— ####

(1)subject to the availability of funds authorized for and appropriated to the Department of Defense for use in planning and design, minor construction, or operation and maintenance and the availability of funds in the Account, may carry out actions necessary to implement such closure or realignment, including the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from such military installation to another military installation; ####

(2)subject to the availability of funds authorized for and appropriated to the Department of Defense for economic adjustment assistance or community planning assistance and the availability of funds in the Account, shall provide— #####

(A)economic adjustment assistance to any community located near a military installation being closed or realigned; and #####

(B)community planning assistance to any community located near a military installation to which functions will be transferred as a result of such closure or realignment, if the Secretary determines that the financial resources available to the community (by grant or otherwise) for such purposes are inadequate; and ####

(3)subject to the availability of funds authorized for and appropriated to the Department of Defense for environmental restoration and the availability of funds in the Account, may carry out activities for the purpose of environmental restoration, including reducing, removing, and recycling hazardous wastes and removing unsafe buildings and debris. ###

(b)Management and Disposal of Property ####

(1)The Administrator of General Services shall delegate to the Secretary, with respect to excess and surplus real property, facilities, and personal property located at a military installation closed or realigned under this title— #####

(A)the authority of the Administrator to utilize excess property under subchapter II of chapter 5 of title 40, United States Code; #####

(B)the authority of the Administrator to dispose of surplus property under subchapter III of chapter 5 of title 40, United States Code; and #####

(C)the authority to dispose of surplus property for public airports under sections 47151 through 47153 of title 49, United States Code. ####

(2)#####

(A)Subject to subparagraph (B), the Secretary shall exercise authority delegated to the Secretary pursuant to paragraph

(1)in accordance with— ######

(i)all regulations in effect on the date of the enactment of this title governing utilization of excess property and disposal of surplus property under the Federal Property and Administrative Services Act of 1949; and ######

(ii)all regulations in effect on the date of the enactment of this title governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)). #####

(B)The Secretary, after consulting with the Administrator of General Services, may issue regulations that are necessary to carry out the delegation of authority required by paragraph (1). #####

(C)The authority required to be delegated by paragraph

(1)to the Secretary by the Administrator of General Services shall not include the authority to prescribe general policies and methods for utilizing excess property and disposing of surplus property. #####

(D)The Secretary of Defense may transfer real property or facilities located at a military installation to be closed or realigned under this title, with or without reimbursement, to a military department or other entity (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast Guard. #####

(E)Before any action may be taken with respect to the disposal of any surplus real property or facility located at any military installation to be closed or realigned under this title, the Secretary shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned. #####

(F)The provisions of this paragraph and paragraph

(1)are subject to paragraphs

(3)through (6). ####

(3)#####

(A)Not later than 6 months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994, the Secretary, in consultation with the redevelopment authority with respect to each military installation to be closed under this title after such date of enactment, shall— ######

(i)inventory the personal property located at the installation; and ######

(ii)identify the items (or categories of items) of such personal property that the Secretary determines to be related to real property and anticipates will support the implementation of the redevelopment plan with respect to the installation. #####

(B)If no redevelopment authority referred to in subparagraph

(A)exists with respect to an installation, the Secretary shall consult with— ######

(i)the local government in whose jurisdiction the installation is wholly located; or ######

(ii)a local government agency or State government agency designated for the purpose of such consultation by the chief executive officer of the State in which the installation is located. #####

(C)######

(i)Except as provided in subparagraphs

(E)and (F), the Secretary may not carry out any of the activities referred to in clause

(ii)with respect to an installation referred to in that clause until the earlier of— ######

(I)one week after the date on which the redevelopment plan for the installation is submitted to the Secretary; ######

(II)the date on which the redevelopment authority notifies the Secretary that it will not submit such a plan; ######

(III)twenty-four months after the date referred to in subparagraph (A); or ######

(IV)ninety days before the date of the closure of the installation. ######

(ii)The activities referred to in clause

(i)are activities relating to the closure of an installation to be closed under this title as follows: ######

(I)The transfer from the installation of items of personal property at the installation identified in accordance with subparagraph (A). ######

(II)The reduction in maintenance and repair of facilities or equipment located at the installation below the minimum levels required to support the use of such facilities or equipment for nonmilitary purposes. #####

(D)Except as provided in paragraph (4), the Secretary may not transfer items of personal property located at an installation to be closed under this title to another installation, or dispose of such items, if such items are identified in the redevelopment plan for the installation as items essential to the reuse or redevelopment of the installation. In connection with the development of the redevelopment plan for the installation, the Secretary shall consult with the entity responsible for developing the redevelopment plan to identify the items of personal property located at the installation, if any, that the entity desires to be retained at the installation for reuse or redevelopment of the installation. #####

(E)This paragraph shall not apply to any related personal property located at an installation to be closed under this title if the property— ######

(i)is required for the operation of a unit, function, component, weapon, or weapons system at another installation; ######

(ii)is uniquely military in character, and is likely to have no civilian use (other than use for its material content or as a source of commonly used components); ######

(iii)is not required for the reutilization or redevelopment of the installation (as jointly determined by the Secretary and the redevelopment authority); ######

(iv)is stored at the installation for purposes of distribution (including spare parts or stock items); or ######

(v)######

(I)meets known requirements of an authorized program of another Federal department or agency for which expenditures for similar property would be necessary, and

(II)is the subject of a written request by the head of the department or agency. #####

(F)Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to in subparagraph (C)(ii) or

(D)if the Secretary determines that the carrying out of such activity is in the national security interest of the United States. ####

(4)#####

(A)The Secretary may transfer real property and personal property located at a military installation to be closed or realigned under this title to the redevelopment authority with respect to the installation for purposes of job generation on the installation. #####

(B)The transfer of property of a military installation under subparagraph

(A)shall be without consideration if the redevelopment authority with respect to the installation— ######

(i)agrees that the proceeds from any sale or lease of the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the date of the initial transfer of property under subparagraph

(A)shall be used to support the economic redevelopment of, or related to, the installation; and ######

(ii)executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the date of the property disposal record of decision or finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). #####

(C)For purposes of subparagraph (B), the use of proceeds from a sale or lease described in such subparagraph to pay for, or offset the costs of, public investment on or related to the installation for any of the following purposes shall be considered a use to support the economic redevelopment of, or related to, the installation: ######

(i)Road construction. ######

(ii)Transportation management facilities. ######

(iii)Storm and sanitary sewer construction. ######

(iv)Police and fire protection facilities and other public facilities. ######

(v)Utility construction. ######

(vi)Building rehabilitation. ######

(vii)Historic property preservation. ######

(viii)Pollution prevention equipment or facilities. ######

(ix)Demolition. ######

(x)Disposal of hazardous materials generated by demolition. ######

(xi)Landscaping, grading, and other site or public improvements. ######

(xii)Planning for or the marketing of the development and reuse of the installation. #####

(D)The Secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph

(B)as the Secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevelopment of, or related to, the installation for the period specified in subparagraph (B). #####

(E)######

(i)The Secretary may transfer real property at an installation approved for closure or realignment under this title (including property at an installation approved for realignment which will be retained by the Department of Defense or another Federal agency after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon transfer, one or more portions of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph

(B)shall apply to a transfer under this subparagraph. ######

(ii)A lease under clause

(i)shall be for a term of not to exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned. ######

(iii)A lease under clause

(i)may not require rental payments by the United States. ######

(iv)A lease under clause

(i)shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or another department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevelopment authority concerned. ######

(v)Notwithstanding clause (iii), if a lease under clause

(i)involves a substantial portion of the installation, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority's assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the transferred property. Facility services and common area maintenance covered by the lease shall not include— ######

(I)municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or ######

(II)firefighting or security-guard functions. #####

(F)The transfer of personal property under subparagraph

(A)shall not be subject to the provisions of subchapters II and III of chapter 5 of title 40, United States Code, if the Secretary determines that the transfer of such property is necessary for the effective implementation of a redevelopment plan with respect to the installation at which such property is located. #####

(G)The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real property under this paragraph. #####

(H)######

(i)In the case of an agreement for the transfer of property of a military installation under this paragraph that was entered into before April 21, 1999, the Secretary may modify the agreement, and in so doing compromise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States, if— ######

(I)the Secretary determines that as a result of changed economic circumstances, a modification of the agreement is necessary; ######

(II)the terms of the modification do not require the return of any payments that have been made to the Secretary; ######

(III)the terms of the modification do not compromise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States with respect to in-kind consideration; and ######

(IV)the cash consideration to which the United States is entitled under the modified agreement, when combined with the cash consideration to be received by the United States for the disposal of other real property assets on the installation, are as sufficient as they were under the original agreement to fund the reserve account established under paragraph (7)(C), with the depreciated value of the investment made with commissary store funds or nonappropriated funds in property disposed of pursuant to the agreement being modified, in accordance with section 2906(d) of the Defense Base Closure and Realignment Act of 1990. ######

(ii)When exercising the authority granted by clause (i), the Secretary may waive some or all future payments if, and to the extent that, the Secretary determines such waiver is necessary. ######

(iii)With the exception of the requirement that the transfer be without consideration, the requirements of subparagraphs (B), (C), and

(D)shall be applicable to any agreement modified pursuant to clause (i). #####

(I)In the case of an agreement for the transfer of property of a military installation under this paragraph that was entered into during the period beginning on April 21, 1999, and ending on the date of enactment of the National Defense Authorization Act for Fiscal Year 2000, at the request of the redevelopment authority concerned, the Secretary shall modify the agreement to conform to all the requirements of subparagraphs (B), (C), and (D). Such a modification may include the compromise, waiver, adjustment, release, or reduction of any right, title, claim, lien, or demand of the United States under the agreement. #####

(J)The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States. ####

(5)#####

(A)Except as provided in subparagraphs

(B)and (C), the Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations under paragraph

(1)regarding whether another department or agency of the Federal Government has identified a use for any portion of a military installation to be closed under this title after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994, or will accept transfer of any portion of such installation, are made not later than 6 months after such date of enactment. #####

(B)The Secretary may, in consultation with the redevelopment authority with respect to an installation, postpone making the final determinations referred to in subparagraph

(A)with respect to the installation for such period as the Secretary determines appropriate if the Secretary determines that such postponement is in the best interests of the communities affected by the closure of the installation. #####

(C)######

(i)Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation closed or realigned or to be closed or realigned under this title as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation. ######

(ii)Not later than 30 days after acquiring non-Federal real property as the location for a new or replacement Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a report containing the results of the consultation under clause

(i)and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement Federal facility or within a 200-mile radius of the new or replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for the site of the new or replacement facility. ######

(iii)This subparagraph shall apply during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998 and ending on July 31, 2001. ####

(6)#####

(A)Except as provided in this paragraph, nothing in this section shall limit or otherwise affect the application of the provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) to military installations closed under this title. #####

(B)######

(i)Not later than the date on which the Secretary of Defense completes the determination under paragraph

(5)of the transferability of any portion of an installation to be closed under this title, the Secretary shall— ######

(I)complete any determinations or surveys necessary to determine whether any building or property referred to in clause

(ii)is excess property, surplus property, or unutilized or underutilized property for the purpose of the information referred to in section 501(a) of such Act (42 U.S.C. 11411(a)); and ######

(II)submit to the Secretary of Housing and Urban Development information on any building or property that is so determined. ######

(ii)The buildings and property referred to in clause

(i)are any buildings or property located at an installation referred to in that clause for which no use is identified, or of which no Federal department or agency will accept transfer, pursuant to the determination of transferability referred to in that clause. #####

(C)Not later than 60 days after the date on which the Secretary of Defense submits information to the Secretary of Housing and Urban Development under subparagraph (B)(ii), the Secretary of Housing and Urban Development shall— ######

(i)identify the buildings and property described in such information that are suitable for use to assist the homeless; ######

(ii)notify the Secretary of Defense of the buildings and property that are so identified; ######

(iii)publish in the Federal Register a list of the buildings and property that are so identified, including with respect to each building or property the information referred to in section 501(c)(1)(B) of such Act; and ######

(iv)make available with respect to each building and property the information referred to in section 501(c)(1)(C) of such Act in accordance with such section 501(c)(1)(C). #####

(D)Any buildings and property included in a list published under subparagraph (C)(iii) shall be treated as property available for application for use to assist the homeless under section 501(d) of such Act. #####

(E)The Secretary of Defense shall make available in accordance with section 501(f) of such Act any buildings or property referred to in subparagraph

(D)for which— ######

(i)a written notice of an intent to use such buildings or property to assist the homeless is received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act; ######

(ii)an application for use of such buildings or property for such purpose is submitted to the Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act; and ######

(iii)the Secretary of Health and Human Services— ######

(I)completes all actions on the application in accordance with section 501(e)(3) of such Act; and ######

(II)approves the application under section 501(e) of such Act. #####

(F)######

(i)Subject to clause (ii), a redevelopment authority may express in writing an interest in using buildings and property referred to in subparagraph (D), and buildings and property referred to in subparagraph (B)(ii) which have not been identified as suitable for use to assist the homeless under subparagraph (C), or use such buildings and property, in accordance with the redevelopment plan with respect to the installation at which such buildings and property are located as follows: ######

(I)If no written notice of an intent to use such buildings or property to assist the homeless is received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act during the 60-day period beginning on the date of the publication of the buildings and property under subparagraph (C)(iii). ######

(II)In the case of buildings and property for which such notice is so received, if no completed application for use of the buildings or property for such purpose is received by the Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act during the 90-day period beginning on the date of the receipt of such notice. ######

(III)In the case of building and property for which such application is so received, if the Secretary of Health and Human Services rejects the application under section 501(e) of such Act. ######

(ii)Buildings and property shall be available only for the purpose of permitting a redevelopment authority to express in writing an interest in the use of such buildings and property, or to use such buildings and property, under clause

(i)as follows: ######

(I)In the case of buildings and property referred to in clause (i)(I), during the one-year period beginning on the first day after the 60-day period referred to in that clause. ######

(II)In the case of buildings and property referred to in clause (i)(II), during the one-year period beginning on the first day after the 90-day period referred to in that clause. ######

(III)In the case of buildings and property referred to in clause (i)(III), during the one-year period beginning on the date of the rejection of the application referred to in that clause. ######

(iii)A redevelopment authority shall express an interest in the use of buildings and property under this subparagraph by notifying the Secretary of Defense, in writing, of such an interest. #####

(G)######

(i)Buildings and property available for a redevelopment authority under subparagraph

(F)shall not be available for use to assist the homeless under section 501 of such Act while so available for a redevelopment authority. ######

(ii)If a redevelopment authority does not express an interest in the use of buildings or property, or commence the use of buildings or property, under subparagraph

(F)within the applicable time periods specified in clause

(ii)of such subparagraph, such buildings or property shall be treated as property available for use to assist the homeless under section 501(a) of such Act. ####

(7)#####

(A)Except as provided in subparagraph

(B)or (C), all proceeds— ######

(i)from any transfer under paragraphs

(3)through (6); and ######

(ii)from the transfer or disposal of any other property or facility made as a result of a closure or realignment under this title, shall be deposited into the Account. #####

(B)In any case in which the General Services Administration is involved in the management or disposal of such property or facility, the Secretary shall reimburse the Administrator of General Services from the proceeds of such disposal, in accordance with section 1535 of title 31, United States Code, for any expenses incurred in such activities. #####

(C)######

(i)If any real property or facility acquired, constructed, or improved (in whole or in part) with commissary store funds or nonappropriated funds is transferred or disposed of in connection with the closure or realignment of a military installation under this title, a portion of the proceeds of the transfer or other disposal of property on that installation shall be deposited in a reserve account established in the Treasury to be administered by the Secretary. Subject to the limitation in clause (iii), amounts in the reserve account are hereby made available to the Secretary, without appropriation and until expended, for the purpose of acquiring, constructing, and improving— ######

(I)commissary stores; and ######

(II)real property and facilities for nonappropriated fund instrumentalities. ######

(ii)The amount deposited under clause

(i)shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated value of the investment shall be computed in accordance with regulations prescribed by the Secretary of Defense. ######

(iii)The aggregate amount obligated from the reserve account established under clause

(i)may not exceed the following: ######

(I)In fiscal year 2004, $31,000,000. ######

(II)In fiscal year 2005, $24,000,000. ######

(III)In fiscal year 2006, $15,000,000. ######

(iv)As used in this subparagraph: ######

(I)The term “**commissary store funds**” means funds received from the adjustment of, or surcharge on, selling prices at commissary stores fixed under section 2685 of title 10, United States Code. ######

(II)The term “**nonappropriated funds**” means funds received from a nonappropriated fund instrumentality. ######

(III)The term “**nonappropriated fund instrumentality**” means an instrumentality of the United States under the jurisdiction of the Armed Forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces. ####

(8)#####

(A)Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, cooperative agreements, or other arrangements for reimbursement) with local governments for the provision of police or security services, fire protection services, airfield operation services, or other community services by such governments at military installations to be closed under this title, or at facilities not yet transferred or otherwise disposed of in the case of installations closed under this title, if the Secretary determines that the provision of such services under such agreements is in the best interests of the Department of Defense. #####

(B)The Secretary may exercise the authority provided under this paragraph without regard to the provisions of chapter 146 of title 10, United States Code. #####

(C)The Secretary may not exercise the authority under subparagraph

(A)with respect to an installation earlier than 180 days before the date on which the installation is to be closed. #####

(D)The Secretary shall include in a contract for services entered into with a local government under this paragraph a clause that requires the use of professionals to furnish the services to the extent that professionals are available in the area under the jurisdiction of such government. ###

(c)Applicability of Other Law ####

(1)The provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to— #####

(A)the actions of the Commission, including selecting the military installations which the Commission recommends for closure or realignment under this title, recommending any military installation to receive functions from an installation to be closed or realigned, and making its report to the Secretary and the committees under section 203(b); and #####

(B)the actions of the Secretary in establishing the Commission, in determining whether to accept the recommendations of the Commission, in selecting any military installation to receive functions from an installation to be closed or realigned, and in transmitting the report to the Committees referred to in section 202(a)(1). ####

(2)The provisions of the National Environmental Policy Act of 1969 shall apply to the actions of the Secretary

(A)during the process of the closing or realigning of a military installation after such military installation has been selected for closure or realignment but before the installation is closed or realigned and the functions relocated, and

(B)during the process of the relocating of functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated. In applying the provisions of such Act, the Secretary shall not have to consider— ######

(i)the need for closing or realigning a military installation which has been selected for closure or realignment by the Commission; ######

(ii)the need for transferring functions to another military installation which has been selected as the receiving installation; or ######

(iii)alternative military installations to those selected. ####

(3)A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), or with respect to any requirement of the Commission made by this title, of any action or failure to act by the Secretary during the closing, realigning, or relocating referred to in clauses

(A)and

(B)of paragraph (2), or of any action or failure to act by the Commission under this title, may not be brought later than the 60th day after the date of such action or failure to act. ###

(d)Transfer Authority in Connection With Payment of Environmental Remediation Costs ####

(1)#####

(A)Subject to paragraph

(2)of this subsection and section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretary may enter into an agreement to transfer by deed real property or facilities referred to in subparagraph

(B)with any person who agrees to perform all environmental restoration, waste management, and environmental compliance activities that are required for the property or facilities under Federal and State laws, administrative decisions, agreements (including schedules and milestones), and concurrences. #####

(B)The real property and facilities referred to in subparagraph

(A)are the real property and facilities located at an installation closed or to be closed under this title that are available exclusively for the use, or expression of an interest in a use, of a redevelopment authority under subsection (b)(6)(F) during the period provided for that use, or expression of interest in use, under that subsection. #####

(C)The Secretary may require any additional terms and conditions in connection with an agreement authorized by subparagraph

(A)as the Secretary considers appropriate to protect the interests of the United States. ####

(2)A transfer of real property or facilities may be made under paragraph

(1)only if the Secretary certifies to Congress that— #####

(A)the costs of all environmental restoration, waste management, and environmental compliance activities to be paid by the recipient of the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the Secretary; or #####

(B)if such costs are lower than the fair market value of the property or facilities, the recipient of the property or facilities agrees to pay the difference between the fair market value and such costs. ####

(3)As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the property or facilities will be transferred any information of the Secretary regarding the environmental restoration, waste management, and environmental compliance activities described in paragraph

(1)that relate to the property or facilities. The Secretary shall provide such information before entering into the agreement. ####

(4)Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). ####

(5)Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2687 note) shall not apply to any transfer under this subsection to persons or entities described in subsection (a)(2) of such section 330. ####

(6)The Secretary may not enter into an agreement to transfer property or facilities under this subsection after the expiration of the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994. ###

(e)Transfer Authority in Connection With Construction or Provision of Military Family Housing **[**Repealed by section 2805(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1721).**]** ###

(f)Acquisition of Manufactured Housing ####

(1)In closing or realigning any military installation under this title, the Secretary may purchase any or all right, title, and interest of a member of the Armed Forces and any spouse of the member in manufactured housing located at a manufactured housing park established at an installation closed or realigned under this title, or make a payment to the member to relocate the manufactured housing to a suitable new site, if the Secretary determines that— #####

(A)it is in the best interests of the Federal Government to eliminate or relocate the manufactured housing park; and #####

(B)the elimination or relocation of the manufactured housing park would result in an unreasonable financial hardship to the owners of the manufactured housing. ####

(2)Any payment made under this subsection shall not exceed 90 percent of the purchase price of the manufactured housing, as paid by the member or any spouse of the member, plus the cost of any permanent improvements subsequently made to the manufactured housing by the member or spouse of the member. ####

(3)The Secretary shall dispose of manufactured housing acquired under this subsection through resale, donation, trade or otherwise within one year of acquisition.

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