Page:United States Statutes at Large Volume 115 Part 2.djvu/323

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1307 Subtitle B—Real Property and Facilities Administration SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN REC- REATIONAL ACTIVITIES. (a) WAIVER AUTHORITY.— Section 2671 of title 10, United States Code, is amended— (1) in subsection (b), by striking "(b)" and inserting "(e) REGULATIONS.—" and transferring the subsection to the end of the section; and (2) by inserting after subsection (a) the following new subsection (b): "(b) WAIVER AUTHORITY.—(1) The Secretary of Defense may waive or otherwise modify the fish and game laws of a State or Territory otherwise applicable under subsection (a)(1) to hunting, fishing, or trapping at a military installation or facility if the Secretary determines that the application of such laws to such hunting, fishing, or trapping without modification could result in undesirable consequences for public health or safety at the installation or facility. The authority to waive such laws includes the authority to extend, but not reduce, the specified season for certain hunting, fishing, or trapping. The Secretary may not waive the requirements under subsection (a)(2) regarding a license for such hunting, fishing, or trapping or any fee imposed by a State or Territory to obtain such a license. "(2) If the Secretary determines that a waiver of fish and game laws of a State or Territory is appropriate under paragraph (1), the Secretary shall provide written notification to the appropriate State or Territory officials stating the reasons for, and extent of, the waiver. The notification shall be provided at least 30 days before implementation of the waiver.". (b) CLERICAL AMENDMENTS.— Such section is further amended— (1) in subsection (a), by inserting "GENERAL REQUIREMENTS FOR HUNTING, FISHING, AND TRAPPING.— " after "(a)"; (2) in subsection (c), by inserting "VIOLATIONS.— " after "(c)"; and (3) in subsection (d), by inserting "RELATION TO TREATY RIGHTS.— " after "(d)". SEC. 2812. AVAILABILITY OF PROCEEDS OF SALES OF DEPARTMENT OF DEFENSE PROPERTY FROM CERTAIN CLOSED MILI- TARY INSTALLATIONS. (a) MODIFICATION OF AVAILABILITY PERCENTAGES. — Subsection (h)(2) of section 204 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485) is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: "(A) In the case of property located at a military installation that is closed, such amount shall be available for facility maintenance and repair or environmental restoration by the military department that had jurisdiction over such property before the closure of the military installation. "(B) In the case of property located at any other military installation—

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