Pub. L. 106-65, div. B, tit. XXVIII, subtit. F, sec. 2881
TRANSFER FROM NAVY ANNEX, ARLINGTON, VIRGINIA.
SEC. 2881. TRANSFER FROM NAVY ANNEX, ARLINGTON, VIRGINIA. (a) Land Transfer Required.—The Secretary of Defense shall provide for the transfer to the Secretary of the Army of administrative jurisdiction over three parcels of real property consisting of approximately 36 acres and known as the Navy Annex (in this section referred to as the “Navy Annex property”). (b) Use of Land.—(1) Subject to paragraph (2), the Secretary of the Army shall incorporate the Navy Annex property transferred under subsection (a) into Arlington National Cemetery. (2) The Secretary of Defense may reserve not to exceed 10 acres of the Navy Annex property (of which not more than six acres may be north of the existing Columbia Pike) as a site for— (A) a National Military Museum, if such site is recommended for such purpose by the Commission on the National Military Museum established under section 2901; and (B) such other memorials that the Secretary of Defense considers compatible with Arlington National Cemetery. (c) Remediation of Land for Cemetery Use.—Immediately after the transfer of administrative jurisdiction over the Navy Annex property, the Secretary of Defense shall provide for the removal of any improvements on that property and shall prepare the property for use as a part of Arlington National Cemetery. (d) Establishment of Master Plan.—(1) The Secretary of Defense shall establish a master plan for the use of the Navy Annex property transferred under subsection (a). (2) The master plan shall take into account (A) the report submitted by the Secretary of the Army on the expansion of Arlington National Cemetery required at page 787 of the Joint Explanatory Statement of the Committee of Conference to accompany the bill H.R. 3616 of the One Hundred Fifth Congress (House Report 105–436 of the 105th Congress), and (B) the recommendation (if any) of the Commission on the National Military Museum to use a portion of the Navy Annex property as the site for the National Military Museum. (3) The master plan shall be established in consultation with the National Capital Planning Commission and only after coordination with appropriate officials of the Commonwealth of Virginia and of the County of Arlington, Virginia, with respect to matters pertaining to real property under the jurisdiction of those officials located in or adjacent to the Navy Annex property, including assessments of the effects on transportation, infrastructure, and utilities in that county by reason of the proposed uses of the Navy Annex property under subsection (b). (4) Not later than 180 days after the date on which the Commission on the National Military Museum submits to Congress its 113 STAT. 880report under section 2903, the Secretary of Defense shall submit to Congress the master plan established under this subsection. (e) Implementation of Master Plan.—The Secretary of Defense may implement the provisions of the master plan at any time after the Secretary submits the master plan to Congress. (f) Legal Description.—In conjunction with the development of the master plan required by subsection (d), the Secretary of Defense shall determine the exact acreage and legal description of the portion of the Navy Annex property reserved under subsection (b)(2) and of the portion transferred under subsection (a) for incorporation into Arlington National Cemetery. (g) Reports.—(1) Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Secretary of Defense a copy of the report to Congress on the expansion of Arlington National Cemetery required at page 787 of the Joint Explanatory Statement of the Committee of Conference to accompany the bill H.R. 3616 of the One Hundred Fifth Congress (House Report 105–736 of the 105th Congress). (2) The Secretary of Defense shall include a description of the use of the Navy Annex property transferred under subsection (a) in the annual report to Congress under section 2674(a)(2) of title 10, United States Code, on the state of the renovation of the Pentagon Reservation. (h) Deadline.—The Secretary of Defense shall complete the transfer of administrative jurisdiction required by subsection (a) not later than the earlier of— (1) January 1, 2010; or (2) the date when the Navy Annex property is no longer required (as determined by the Secretary) for use as temporary office space due to the renovation of the Pentagon.