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

SEC. 2825. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON MILITARY TRAINING, TESTING, AND OPERATIONS.(a) Management of Natural Resources of Acquired Property.—Subsection (d) of section 2684a of title 10, United States Code, is amended—(1) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; and(2) by inserting after paragraph (2) the following new paragraph (3):“(3) An agreement with an eligible entity under this section may provide for the management of natural resources on real property in which the Secretary concerned acquires any right, title, 122 STAT. 546 or interest in accordance with this subsection and for the payment by the United States of all or a portion of the costs of such natural resource management if the Secretary concerned determines that there is a demonstrated need to preserve or restore habitat for the purpose described in subsection (a)(2).”.(b) Limitation on Portion of Acquisition Costs Borne by United States.—Paragraph (4) of such subsection, as redesignated by subsection (a)(1), is amended—(1) by redesignating subparagraph (D) as subparagraph (E);(2) in subparagraph (C), by striking “equal to the fair market value” and all that follows through the period at the end and inserting “equal to, at the discretion of the Secretary concerned—“(i) the fair market value of any property or interest in property to be transferred to the United States upon the request of the Secretary concerned under paragraph (5); or“(ii) the cumulative fair market value of all properties or interests to be transferred to the United States under paragraph (5) pursuant to an agreement under subsection (a).”; and(3) by inserting after subparagraph (C) the following new subparagraph:“(D) The portion of acquisition costs borne by the United States under subparagraph (A) may exceed the amount determined under subparagraph (C), but only if—“(i) the Secretary concerned provides written notice to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives containing—“(I) a certification by the Secretary that the military value to the United States of the property or interest to be acquired justifies a payment in excess of the fair market value of the property or interest; and“(II) a description of the military value to be obtained; and“(ii) the contribution toward the acquisition costs of the property or interest is not made until at least 14 days after the date on which the notice is submitted under clause (i) or, if earlier, at least 10 days after the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title.”.