Page:United States Statutes at Large Volume 124.djvu/4226

 124 STAT. 4200 PUBLIC LAW 111–383—JAN. 7, 2011 readiness and categorize the risk of adverse impact in such areas as high, medium, or low for the purpose of informing early outreach efforts under subsection (c)(4) and preliminary assessments under subsection (e); and (C) specifically identify feasible and affordable long- term actions that may be taken to mitigate adverse impacts of projects filed, or which may be filed in the future, with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, on military operations and readiness, including— (i) investment priorities of the Department of Defense with respect to research and development; (ii) modifications to military operations to accommodate applications for such projects; (iii) recommended upgrades or modifications to existing systems or procedures by the Department of Defense; (iv) acquisition of new systems by the Department and other departments and agencies of the Federal Government and timelines for fielding such new sys- tems; and (v) modifications to the projects for which such applications are filed, including changes in size, loca- tion, or technology. (e) DEPARTMENT OF DEFENSE HAZARD ASSESSMENT.— (1) PRELIMINARY ASSESSMENT.—The procedures established pursuant to subsection (c) shall ensure that not later than 30 days after receiving a proper application for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, the Secretary of Defense shall review the project and provide a preliminary assessment of the level of risk of adverse impact on military operations and readiness that would arise from the project and the extent of mitigation that may be needed to address such risk. (2) DETERMINATION OF UNACCEPTABLE RISK.—The proce- dures established pursuant to subsection (c) shall ensure that the Secretary of Defense does not object to a project filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, except in a case in which the Secretary of Defense determines, after giving full consider- ation to mitigation actions identified pursuant to this section, that such project would result in an unacceptable risk to the national security of the United States. (3) CONGRESSIONAL NOTICE REQUIREMENT.—Not later than 30 days after making a determination of unacceptable risk under paragraph (2), the Secretary of Defense shall submit to the congressional defense committees a report on such deter- mination and the basis for such determination. Such a report shall include an explanation of the operational impact that led to the determination, a discussion of the mitigation options considered, and an explanation of why the mitigation options were not feasible or did not resolve the conflict. (4) NON-DELEGATION OF DETERMINATIONS.—The responsi- bility for making a determination of unacceptable risk under paragraph (2) may only be delegated to an appropriate senior officer of the Department of Defense, on the recommendation of the senior official designated pursuant to subsection (b). Deadline. Reports. Deadline.