PROHIBITION ON TRANSFER OF CERTAIN PROPERTY LOCATED AT MILITARY INSTALLATIONS TO BE CLOSED.

SEC. 2902. PROHIBITION ON TRANSFER OF CERTAIN PROPERTY LOCATED AT MILITARY INSTALLATIONS TO BE CLOSED. (a) Closures Under 1988 Act.—(1) Section 204(b) of the Defense Authorization Amendments and Base Closure and Realign-107 STAT. 1910ment Act (title II of Public Law 100–526; 10 U.S.C. 2687 note) is amended— (A) in paragraph (2)(E), by striking out “paragraphs (3) and (4)” and inserting in lieu thereof “paragraphs (3) through (6)”; (B) by redesignating paragraph (4) as paragraph (7); and (C) by striking out paragraph (3) and inserting in lieu thereof the following new paragraph (3): “(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. 107 STAT. 1911 “(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”. (2) Section 204(b)(7)(A)(ii) of such Act, as redesignated by paragraph (1)(B), is amended by striking out “paragraph (3)” and inserting in lieu thereof “paragraphs (3) through (6)”. (b) Closures Under 1990 Act.—Section 2905(b) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is amended— (1) in paragraph (2)(A), by inserting “and paragraphs (3), (4), (5), and (6)” after “Subject to subparagraph (C)”; and (2) by adding at the end the following: “(3)(A) Not later than 6 months after the date of approval of the closure of a military installation under this part, the Secretary, in consultation with the redevelopment authority with respect to the installation, 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 tne 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; 107 STAT. 1912 “(III) twenty-four months after the date of approval of the closure of the installation; 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 part 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 part 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. “(E) This paragraph shall not apply to any personal property located at an installation to be closed under this part 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.”. (c) Applicability.—For the purposes of section 2905(b)(3) of the Defense Base Closure and Realignment Act of 1990, as added by subsection (b), the date of approval of closure of any installation approved for closure before the date of the enactment of this Act snail be deemed to be the date of the enactment of this Act.