Pub. L. 112-81, div. B, tit. XXII, sec. 2207
GUAM REALIGNMENT.
SEC. 2207. GUAM REALIGNMENT.(a) Restriction on Use of Funds.—Except as provided in subsection (c), notwithstanding any other provision of law, none of the funds authorized to be appropriated under this Act, and none of the amounts provided by the Government of Japan for military construction activities on land under the jurisdiction of the Department of Defense, may be obligated to implement the realignment of United States Marine Corps forces from Okinawa to Guam as envisioned in the United States–Japan Roadmap for Realignment Implementation issued May 1, 2006, until—(1) the Commandant of the Marine Corps, in consultation with the Commander of the United States Pacific Command, provides the congressional defense committees the Commandant’s preferred force lay-down for the United States Pacific Command Area of Responsibility;125 STAT. 1669(2) the Secretary of Defense submits to the congressional defense committees a master plan for the construction of facilities and infrastructure to execute the Commandant’s preferred force lay-down on Guam, including a detailed description of costs and a schedule for such construction;(3) the Secretary of Defense certifies to the congressional defense committees that tangible progress has been made regarding the relocation of Marine Corps Air Station Futenma;(4) a plan coordinated by all pertinent Federal agencies is provided to the congressional defense committees detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the non-military utilities, facilities, and infrastructure on Guam affected by the realignment of forces; and(5) the Secretary of Defense—(A) submits to the congressional defense committees the report on the assessment of the United States force posture in East Asia and the Pacific region required under section 346 of this Act; or(B) certifies to the congressional defense committees that the deadline established under such section for the submission of such report has not been met.(b) Development of Public Infrastructure.—(1) Authorization required.—Notwithstanding any other provision of law, if the Secretary of Defense determines that any grant, cooperative agreement, transfer of funds to another Federal agency, or supplement of funds available in fiscal year 2012 under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replacement, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure on Guam, such grant, transfer cooperative agreement, or supplemental funding shall be specifically authorized by law.(2) Public infrastructure defined.—In this section, the term “public infrastructure” means any utility, method of transportation, item of equipment, or facility under the control of a public entity or State or local government that is used by, or constructed for the benefit of, the general public.(c) Exception to Restriction on Use of Funds.—The Secretary of Defense may use funds described in subsection (a) to carry out additional analysis under the National Environmental Policy Act of 1969 to include the following actions:(1) A re-evaluation of live-fire training range complex alternatives, based upon the application of probabilistic modeling; and(2) The ongoing analysis on the impacts of the realignment and build-up on Guam as described in subsection (a) on coral reefs in Apra Harbor, Guam.