MODIFICATION OF AUTHORITIES ON AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON MILITARY TRAINING, TESTING, AND OPERATIONS.

SEC. 2822. MODIFICATION OF AUTHORITIES ON AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON MILITARY TRAINING, TESTING, AND OPERATIONS.(a) Expansion of Agreements Authorized.—(1) In general.—Subsection (a) of section 2684a of title 10, United States Code, is amended—(A) by inserting “or entities” after “entity”; and(B) by striking “in the vicinity of a military installation” and inserting “in the vicinity of, or ecologically related to, a military installation or military airspace”.(2) Conforming amendments.—Subsection (d) of such section is amended—(A) in paragraph (1)—(i) in the matter preceding subparagraph (A), by inserting “or entities” after “eligible entity”; and(ii) in subparagraph (A), by inserting “or entities” after “the entity”; and(B) in paragraph (3), by inserting “or entities” after “the entity”.(b) Cost-Sharing of Acquisition Costs of Property and Interests.—Subsection (d) of such section is further amended—(1) in paragraph (1)—(A) in the matter preceding subparagraph (A), by striking “may provide” and inserting “shall provide”; and(B) by striking subparagraph (B) and inserting the following new subparagraph (B):“(B) the sharing by the United States and the entity or entities of the acquisition costs in accordance with paragraph (3).”;(2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and(3) by inserting after paragraph (2) the following new paragraph (3):“(3)(A) The Secretary concerned shall determine the appropriate portion of the acquisition costs to be borne by the United States in the sharing of acquisition costs of real property, or an interest in real property, under paragraph (1)(B).“(B) The portion of acquisition costs borne by the United States in the sharing of acquisition costs of real property, or an interest in real property, under paragraph (1)(B) may not exceed an amount equal to the fair market value of any property or interest to be 119 STAT. 3514 transferred to the United States upon the request of the Secretary concerned under paragraph (4).“(C) The contribution of an entity or entities to the acquisition costs of real property, or an interest in real property, under paragraph (1)(B) may include, with the approval of the Secretary concerned, the following or any combination of the following:“(i) The provision of funds, including funds received by such entity or entities from a Federal agency outside the Department of Defense or a State or local government in connection with a Federal, State, or local program.“(ii) The provision of in-kind services, including services related to the acquisition or maintenance of such real property or interest in real property.“(iii) The exchange or donation of real property or any interest in real property.”.(c) Reporting Requirement.—Such section is further amended—(1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and(2) by inserting after subsection (f) the following new subsection (g):“(g) Annual Reports.—(1) Not later than March 1, 2007, and annually thereafter, the Secretary of Defense shall, in coordination with the Secretaries of the military departments and the Director of the Department of Defense Test Resource Management Center, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the projects undertaken under agreements under this section.“(2) Each report under paragraph (1) shall include the following the following:“(A) A description of the status of the projects undertaken under agreements under this section.“(B) An assessment of the effectiveness of such projects, and other actions taken pursuant to this section, as part of a long-term strategy to ensure the sustainability of military test and training ranges, military installations, and associated airspace.“(C) An evaluation of the methodology and criteria used to select, and to establish priorities, for projects undertaken under agreements under this section.“(D) A description of any sharing of costs by the United States and eligible entities under subsection (d) during the preceding year, including a description of each agreement under this section providing for the sharing of such costs and a statement of the eligible entity or entities with which the United States is sharing such costs.“(E) Such recommendations as the Secretary of Defense considers appropriate for legislative or administrative action in order to improve the efficiency and effectiveness of actions taken pursuant to agreements under this section.”.