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H.R. 12602 (95th): Military Construction Authorization Act


The text of the bill below is as of Sep 8, 1978 (Passed Congress).


PUBLIC LAW 95-356—SEPT. 8, 1978                                    92 STAT. 5(55

Public Law 95-356
95th Congress
                                    An Act
To authorize certain construction a t military installations for fiscal year 1979,    oept. 8, 197 3_
                            and for other purposes.                                   [H.R. 12602]

  Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled. That this Act may Military
be cited as the "Military Construction Authorization Act, 1979".  Construction
                                                                                     Authorization
                             TITLE I-ARMY                                            ^'*' ^^^^•
                AUTHORIZED ARMY CONSTRUCTION PROJECTS

  SEC. 101. The Secretary of the Army may establish or develop
military installations and facilities by acquiring, constructing, convert-
ing, rehabilitating, or installing permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment, for the following acquisition and construction:
                        INSIDE THE UNITED STATES

                 UNITED STATES ARMY FORCES COMMAND

  Fort Bragg, North Carolina, $8,836,000.
  Fort Carson, Colorado, $25,636,000.
  Fort Devens, Massachusetts, $799,000.
  Fort Greeley, Alaska, $2,651,000.
  Helemano Military Reservation, Hawaii, $1,916,000.
  Fort Hood, Texas, $62,086,000.
  Fort Sam Houston, Texas, $1,633,000.
  Fort Lewis, Washington, $8,933,000.
  Fort McCoy, Wisconsin, $991,000.
  Fort Meade, Maryland, $10,669,000.
  Fort Ord, California, $1,628,000.
  Fort Polk, Louisiana, $25,845,000.
  Fort Richardson, Alaska, $1,974,000.
  Fort Riley, Kansas, $5,915,000.
  Schofield Barracks, Hawaii, $12,223,000.
  Fort Stewart Hunter Army Air Field, Georgia, $57,129,000.
  Fort Wainwright, Alaska, $3,323,000.
  Yakima Firing Center, Washington, $1,270,000.
        U N I T E D STATES A R M Y TRAINING AND DOCTRINE COMMAND

  Fort Benning, Georgia, $5,173,000.
  Fort Bliss, Texas. $4,758,000.
  Carlisle Barracks, Pennsylvania, $1,601,000.
  Fort Eustis, Virginia, $5,353,000.
  Fort Gordon, Georgia, $3,247,000.
  Fort Benjamin Harrison, Indiana, $2,359,000.
  Fort Jackson, South Carolina, $3,300,000.
  Fort Knox, Kentucky, $15,058,000.
  Fort Leavenworth, Kansas, $2,251,000.

92 STAT. 566 PUBLIC LAW 95-356—SEPT. 8, 1978 Fort Lee, Virginia, $3,074,000. . , Fort Rucker, Alabama, $2,280,000. Fort Monroe, Virginia, $550,000. ' ''- -". Fort Sill, Oklahoma, $24,756,000. Fort Leonard Wood, Missouri, $13,947,000. UNITED STATES ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND Aberdeen Proving Ground, Maryland, $9,412,000. Anniston Army Depot, Alabama, $10,736,000. Hawthorne Ammunition Depot, Nevada, $1,547,000. Holston Army Ammunition Plant, Tennessee, $30,650,000. lovra Army Ammunition Plant, Iowa, $1,028,000. Kansas Army Ammunition Plant, Kansas, $1,124,000. Longhorn Army Ammunition Plant, Texas, $507,000. Michigan Army Missile Plant, Michigan, $1,284,000. Milan Army Ammunition Plant, Tennessee, $1,239,000. Natick Laboratories, Massachusetts, $3,221,000. Picatinny Arsenal, New Jersey, $16,381,000. Pine Bluff Arsenal, Arkansas, $523,000. Red River Army Depot, Texas, $813,000. Redstone Arsenal, Alabama, $3,825,000. - Rock Island Arsenal, Illinois, $1,957,000. Seneca Army Depot, New York, $1,087,000. Sierra Army Depot, California, $843,000. Sunflower Army Ammunition Plant, Kansas, $1,281,000. Tobyhanna Army Depot, Pennsylvania, $1,227,000. Watervliet Arsenal, New York, $27,021,000. A M M U N I T I O N FACILITIES Holston Army Ammunition Plant, Tennessee, $398,000. Indiana Army Ammunition Plant, Indiana, $771,000. Iowa Army Ammunition Plant, Iowa, $5,011,000. Kansas Army Ammunition Plant, Kansas, $394,000. Lone Star Army Ammunition Plant, Texas, $172,000. Longhorn Army Ammunition Plant, Texas, $137,000. Louisiana Army Ammunition Plant, Louisiana, $276,000. Milan Army Ammunition Plant, Tennessee, $9,370,000. Radford Army Ammunition Plant, Virginia, $2,960,000. Scranton Army Ammunition Plant, Pennsylvania, $1,928,000. Sunflower Army Ammunition Plant, Kansas, $2,251,000. UNITED STATES ARMY COMMUNICATIONS COMMAND Fort Huachuca, Arizona, $3,811,000. / Fort Ritchie, Maryland, $5,115,000. U N I T E D STATES MILITARY ACADEMY United States Military Academy, West Point, New York, $12,265,000. U N I T E D STATES ARMY H E A L T H SERVICES COMMAND Fitzsimons Army Medical Center, Colorado, $1,372,000. Walter Reed Army Medical Center, District of Columbia, $3,524,000.
PUBLIC LAW 95-356—SEPT. 8, 1978 92 STAT. 567 MILITARY TRAFFIC MANAGEMIINT COMMAND Sunny Point Military Ocean Terminal, North Carolina, $1,228,000. OUTSIDE THE UNITED STATES UNITED STATES ARMY, KOREA Various Locations, $7,580,000. K W A J A L E I N MISSILE RANGE National Missile Range, $6,571,000. UNITED STATES ARMY, EUROPE Germany, Various Locations, $213,875,000. EMERGENCY CONSTRUCTION SEC. 102. The Secretary of the Army may establish or develop Army installations and facilities by proceeding with construction made nec- essary by changes in Army missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and devel- opment requirements, (4) improved production schedules, or (5) revisions in the tasks or functions assigned to a military installation or facility or for environmental considerations, if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be incon- sistent with interests of national security and, in connection therewith, may acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site prepara- tion, appurtenances, utilities, and equipment, in the total amount of $20,000,000. The Secretary of the Army, or his designee, shall notify Notification to the Committees on Armed Services of the Senate and House of Repre- congressional sentatives, immediately upon reaching a final decision to implement, committees. of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This Authorization authorization will expire upon the date of enactment of the Military expiration. Construction Authorization Act for fiscal year 1980, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to such date. MINOR CONSTRUCTION SEC. 103. The Secretary of the Army is authorized to accomplish minor construction projects under section 2674 of title 10, United States Code, in the amount of $35,365,000. T I T L E II—NAVY AUTHORIZED NAVY CONSTRUCTION PROJECTS SEC. 201. The Secretary of the Navy may establish or develop mili- tary installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works.
92 STAT. 568 PUBLIC LAW 95-356—SEPT. 8, 1978 including land acquisition, site preparation, appurtenances, utilities, and equipment, for the following acquisition and construction: INSIDE THE UNITED STATES MARINE CORPS Headquarters Marine Corps, Arlington, Virginia, $12,000,000. Marine Corps Base, Camp Lejeune, ISTorth Carolina, $16,130,000. Marine Corps Base, Camp Pendleton, California, $19,700,000. Marine Corps Air Station, Cherry Point, North Carolina, $2,000,000. Marine Corps Air Station, El Toro, California, $7,150,000. Marine Corps Air Station, Kaneohe Bay, Hawaii, $8,500,000. Marine Corps Air Station, New River, North Carolina, $5,300,000. Marine Corps Development and Education Command, Quantico, Virginia, $3,300,000. Marine Corps Air Station, Santa Ana, California, $920,000. Marine Corps Base, Twentynine Palms, California, $12,000,000. Marine Corps Air Station, Yuma, Arizona, $930,000. O F F I C E o r NAVAL RESEARCH Naval Research Laboratory, Washington, District of Columbia, $5,400,000. C H I E F OF NAVAL OPERATIONS Naval Academy, Annapolis, Maryland, $14,240,000. Naval Station, Annapolis, Maryland, $1,000,000. Naval Submarine Support Base, Kings Bay, Kingsland, Georgia, $39,100,000. Naval Support Activity, Philadelphia, Pennsylvania, $5,700,000. Commandant Naval District Washington, District of Columbia, $4,135,000. COMMANDER I N C H I E F , ATLANTIC FLEET Naval Air Station, Brunswick, Maine, $16,290,000. Naval Air Station, Cecil Field, Florida, $2,030,000. Naval Station, Charleston, South Carolina, $10,240,000. Naval Air Station, Jacksonville, Florida, $1,285,000. Naval Amphibious Base, Little Creek, Virginia, $4,100,000. Naval Station, Mayport, Florida, $16,800,000. Naval Submarine Base, New London, Connecticut, $13,650,000. Naval Station, Norfolk, Virginia, $12,760,000. Naval Air Station, Oceana, Virginia, $6,405,000. COMMANDER I N C H I E F , PACIFIC FLEET , Naval Station, Adak, Alaska, $8,075,000. Naval Air Station, Alameda, California, $1,380,000. Naval Air Station, Lemoore, California, $1,450,000. Naval Air Station, Miramar, California, $9,500,000. Naval Air Station, Moffett Field, California, $1,000,000. Naval Air Station, North Island, California, $7,110,000. Naval Station, Pearl Harbor, Hawaii, $16,790,000. Naval Station, San Diego, California, $41,000,000. Naval Air Station, Whidbey Island, Washington, $9,500,000.
PUBLIC LAW 95-356—SEPT. 8, 1978 92 STAT. 569 C H I E F OP NAVAL EDUCATION AND TRAINING Fleet Combat Training Center Atlantic, Dam Neck, Virginia, $6,000,000. Fleet Ballistic Missile Submarine Training Center, Charleston, South Carolina, $800,000. Fleet Training Center, Mayport, Florida, $630,000. Naval Air Station, Memphis, Tennessee, $5Y0,00O._ Naval Submarine School, New London, Connecticut, $6,050,000. Naval Education and Training Center, Newport, Rhode Island, $4,600,000. Surface Warfare Officers School Command, Newport, Rhode Island, $1,750,000. Naval Training Center, Orlando, Florida, $5,620,000. Naval Submarine Training Center, Pearl Harbor, Hawaii, $1,500,000. Fleet Anti-Submarine Warfare Training Center, San Diego, Cali- fornia, $4,250,000. Fleet Combat Training Center, Pacific, San Diego, California, $760,000. Fleet Training Center, San Diego, California, $8,200,000. Naval Training Center, San Diego, California, $850,000. Naval Technical Training Center, San Francisco, California, $1,550,000. BUREAU OF MEDICINE AND SURGERY National Naval Medical Center, Bethesda, Maryland, $8,430,000. Naval Regional Medical Center, Camp Lejeune, North Carolina, $51,500,000. Naval Hospital, Cherry Point, North Carolina, $700,000. Naval Regional Dental Center, Norfolk, Virginia, $7,400,000. Naval Hospital, Quantico, Virginia, $1,800,000. C H I E F OF NAVAL MATERIAL Naval Ship Research and Development Center, Bethesda, Mary- land, $1,290,000. Puget Sound Naval Shipyard, Bremerton, Washington, $16,650,000. Puget Sound Naval Supply Center, Bremerton, Washington, $2,700,000. Charleston Naval Shipyard, Charleston, South Carolina, $20,200,000. Naval Supply Center, Charleston, South Carolina, $1,100,000. Naval Weapons Station, Charleston, South Carolina, $3,455,000. Polaris Missile Facility Atlantic, Charleston, South Carolina, $6,500,000. Naval Weapons Center, China Lake, California, $5,360,000. Naval Weapons Station, Concord, California, $2,600,000. Naval Surface Weapons Center, Dahlgren, Virginia, $10,700,000. Naval Weapons Station, Earle, New Jersey, $10,050,000. Navy Public Works Center, Great Lakes, Illinois, $3,300,000. Naval Avionics Facility, Indianapolis, Indiana, $2,900,000. Portsmouth Naval Shipyard, Kittery, Maine, $16,150,000. Naval Air Engineering Center, Lakehurst, New Jersey, $140,000. Long Beach Naval Shipyard, Long Beach, California, $15,810,000. Navy Ships Parts Control Center, Mechanicsburg, Pennsylvania, $700,000. 65 J' »
92 STAT. 570 PUBLIC LAW 95-356—SEPT. 8, 1978 Naval Air Rework Facility, Norfolk, Virginia, $4,000,000. Naval Supply Center, Norfolk, Virginia, $4,270,000. Navy Public Works Center, Norfolk, Virginia, $4,200,000. Naval Supply Center, Oakland, California, $6,360,000. Naval Coastal Systems Laboratory, Panama City, Florida, $3,150,000. Naval Air Test Center, Patuxent River, Maryland, $8,900,000. Naval Supply Center, Pearl Harbor, Hawaii, $3,750,000. Pearl Harbor Naval Shipyard, Pearl Harbor, Hawaii, $5,390,000. Navy Public Works Center, Pearl Harbor, Hawaii, $750,000. Philadelphia Naval Shipyard, Philadelphia, Pennsylvania, $9,050,000. Pacific Missile Test Center, Point Mugu, California, $3,810,000. Naval Construction Battalion Center, Port Hueneme, California, $940,000. Norfolk Naval Shipyard, Portsmouth, Virginia, $13,350,000. Naval Supply Center, San Diego, California, $15,250,000. Navy Public Works Center, San Francisco, California, $3,300,000. Naval Air Development Center, Warminster, Pennsylvania, $3,290,000. Mare Island Naval Shipyard, Vallejo, California, $19,000,000. Naval Weapons Station. Yorktown. Virginia. $9,680,000. NAVAL TELECOMMUNICATIONS COMMAND Naval Communication Station, Adak, Alaska, $790,000. Naval Radio Transmitter Facility, Annapolis, Maryland, $850,000. Naval Communication Area Master Station Atlantic, Norfolk, Vir- ginia, $830,000. NAVAL SECURITY GROUP COMMAND Naval Security Group Activity, Winter Harbor, Maine, $540,000. OUTSIDE THE UNITED STATES MARINE CORPS ' Marine Corps Air Station, Iwakuni, Japan, $4,500,000. COMMANDER I N C H I E F , ATLANTIC FLEET Naval Air Station, Bermuda, $4,300,000. Naval Station, Keflavik, Iceland, $6,230,000. Naval Station, Roosevelt Roads, Puerto Rico, $4,680,000. COMMANDER I N C H I E F , PACIFIC FLEET Naval Magazine, Guam, Mariana Islands, $22,340,000. Naval Supply Depot, Yokosuka, Japan, $3,700,000. COMMANDER I N C H I E F , NAVAL FORCES EUROPE Naval Station, Rota, Spain, $3,350,000. Naval Air Facility, Sigonella, Italy, $7,150,000.
PUBLIC LAW 95-356—SEPT. 8, 1978 92 STAT. 571 BUREAU OF MEDICINE AND SURGERY Naval Medical Research Unit Number 3, Cairo, Arab Republic of Egypt, $960,000. NAVAL TELECOMMUNICATIONS COMMAND Naval Communication Unit, Thurso, Scotland, $890,000. NAVAL SECURITY GROUP COMMAND Naval Security Group Activity, Classified Location, $1,663,000. EMERGENCY CONSTRUCTION SEC. 202. The Secretary of the Navy may establish or develop Navy installations and facilities by proceeding with construction made neces- sary by changes in Navy missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and development re- quirements, (4) improved production schedules, or (5) revisions in the tasks or functions assigned to a military installation or facility or for environmental considerations, if the Secretary of Defense deter- mines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be inconsistent with interest of national security and, in connection therewith, may acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurten- ances, utilities, and equipment, in the total amount of $20,000,000. The Notification to Secretary of the Navy, or his designee, shall notify the Committees on congressional Armed Services of the Senate and House of Representatives, immedi- committees. ately upon reaching a final decision to implement, of the cost of construction of any public work undertaken under this section, includ- ing those real estate actions pertaining thereto. This authorization will Authorization expire upon the date of enactment of the Military Construction Au- expiration. thorization Act for fiscal year 1980, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to such date. MINOR CONSTRUCTION SEC. 203. The Secretary of the Navy is authorized to accomplish minor construction projects under section 2674 of title 10, United States Code, in the amount of $39,662,000. AMENDMENT TO SAN DIEGO NAVAL ATHLETIC FIELD TRANSFER SEC. 204. (a) Section 203 of the Militarv Construction Authoriza- tion Act, 1978 (Public Law 95-82, 91 Stat. 365) is amended— (1) by striking out "the total cost" in subsection (a) and inserting in lieu thereof "a total of $4,500,000 for the cost"; and (2) by striking out paragraph (1) of subsection (b) and inserting in lieu thereof the following: "(1) the Secretary, or his designee, determines that the recrea- tional facilities to be constructed under such subsection will be 39-194 O—80—pt. 1 40 : QL3
92 STAT. 572 PUBLIC LAW 95-356—SEPT. 8, 1978 satisfactory replacements for the facilities on the existing Navy Athletic Field; and". BIOMEDICAL RESEARCH LABORATORY, CAIRO, EGYPT SEC. 205. The Secretary of the Navy is authorized to expend excess foreign exchange funds in the amount of $6,000,000 for the con- struction of a biomedical research laboratory at the Naval Medical Research Unit Number 3, Cairo, Arab Eepublic of Egypt. T I T L E III—AIR FORCE ,,- ': AUTHORIZED AIR FORCE CONSTRUCTION PROJECTS SEC. 301. The Secretary of the Air Force may establish or develop military installations and facilities by acquiring, constructing, con- verting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, for the following acquisition and construc- tion: INSIDE THE UNITED STATES AEROSPACE D E F E N S E COMMAND Tyndall Air Force Base, Florida, $8,687,000. AIR FORCE LOGISTICS COMMAND Hill Air Force Base, Utah, $8,163,000. Kelly Air Force Base, Texas, $17,219,000. McClellan Air Force Base, Calif omia, $3,700,000. Newark Air Force Station, Ohio, $1,400,000. Robins Air Force Base, Georgia, $9,424,000. Tinker Air Force Base, Oklahoma, $2,354,000. - Wright-Patterson Air Force Base, Ohio, $13,600,000. AIR FORCE SYSTEMS COMMAND Arnold Engineering Development Center, Tennessee, $2,710,000. Buckley Air National Guard Base, Colorado, $2,628,000. Cape Canaveral Air Force Station, Florida, $9,624,000. Edwards Air Force Base, Calif ornia, $4,423,000. Eglin Air Force Base, Florida, $3,579,000. ; s Hanscom Air Force Base, Massachusetts, $3,237,000. Patrick Air Force Base, Florida, $3,504,000. Various Locations, $688,000. AIR TRAINING COMMAND Columbus Air Force Base, Mississippi, $1,586,000. ,-; i Keesler Air Force Base, Mississippi, $7,835,000. . , Lackland Air Force Base, Texas, $6,945,000. Laughlin Air Force Base, Texas, $329,000. Mather Air Force Base, Calif ornia, $4,522,000. . Randolph Air Force Base, Texas, $850,000. Reese Air Force Base, Texas, $742,000. s «.-;*!. , • u!.! Vance Air Force Base, Oklahoma, $913,000.
PUBLIC LAW 95-356—SEPT. 8, 1978 92 STAT. 573 ALASKAN AIR COMMAND Eielson Air Force Base, Alaska, $1,602,000. Galena Airport, Alaska, $540,000. Shemya Air Force Base, Alaska, $546,000. Various Locations, $3,400,000. MILITARY AIRLIFT COMMAND Altus Air Force Base, Oklahoma, $1,111,000. Dover Air Force Base, Delaware, $8,021,000. Kirtland Air Force Base, New Mexico, $1,450,000. Little Rock Air Force Base, Arkansas, $504,000. McChord Air Force Base, Washington, $594,000. Norton Air Force Base, California, $506,000. Scott Air Force Ba^e, Illinois, $4,014,000. STRATEGIC AIR COMMAND Barksdale Air Force Base, Louisiana, $510,000. Beale Air Force Base, California, $2,256,000. Carswell Air Force Base, Texas, $2,910,000. Castle Air Force Base, California, $13,351,000. Dyess Air Force Base, Texas, $2,670,000. Ellsworth Air Force Base, South Dakota, $3,454,000. Francis E. Warren Air Force Base, Wyoming, $23,143,000. Fairchild Air Force Base, Washington, $650,000. Grand Forks Air Force Base, North Dakota, $1,344,000. Griffiss Air Force Base, New York, $7,499,000. Grissom Air Force Base, Indiana, $314,000. Malmstrom Air Force Base, Montana, $5,400,000. March Air Force Base, California, $357,000. McConnell Air Force Base, Kansas, $2,200,000. Minot Air Force Base, North Dakota, $1,182,000. Plattsburgh Air Force Base, New York, $11,691,000. Rickenbacker Air Force Base, Ohio, $946,000. Vandenberg Air Force Base, California, $141,782,000. Wurtsmith Air Force Base, Michigan, $113,000. TACTICAL AIR COMMAND Cannon Air Force Base, New Mexico, $4,129,000. Davis-Monthan Air Force Base, Arizona, $1,610,000. England Air Force Base, Louisiana, $1,875,000. George Air Force Base, California, $2,392,000. Holloman Air Force Base, New Mexico, $4,135,000. Langley Air Force Base, Virginia ,$3,539,000. Luke Air Force Base., Arizona, $3,843,000. Moody Air Force Base, Georgia, $2,343,000. Mountain Home Air Force Base, Idaho, $2,644,000. Myrtle Beach Air Force Base, South Carolina, $2,694,000. Nellis Air Force Base, Nevada, $16,950,000. Seymour-Johnson Air Force Base, North Carolina, $2,950,000. Shaw Air Force Base, South Carolina, $3,790,000.
92 STAT. 574 PUBLIC LAW 95-356—SEPT. 8, 1978 UNITED STATES AIR FORCE ACADEMY United States Air Force Academy, Colorado, $4,635,000. • T AIR NATIONAL GUARD McEntire Air National Guard Base, South Carolina, $230,000. Selfridge Air National Guard Base, Michigan, $2,578,000. OUTSIDE THE UNITED STATES MIMTARY AIRLIFT COMMAND Rhein-Main Air Base, Germany, $9,350,000. PACIFIC AIR FORCES Kadena Air Base, Japan, $4,799,000. Kunsan Air Base, Korea, $6,648,000. Osan Air Base, Korea, $7,515,000. Various Locations, $2,800,000. STRATEGIC AIR COMMAND Andersen Air Force Base, Guam, $1,120,000. TACTICAL AIR COMMAND Howard Air Force Base, Canal Zone, $718,000. UNITED STATES AIR FORCES I N EUROPE Germany, Various Locations, $7,847,000. United Kingdom, Various Locations, $1,518,000. Various Locations, $26,648,000. EMERGENCY CONSTRUCTION SEC. 302. The Secretary of the Air Force may establish or develop Air Force installations and facilities by proceeding with construction made necessary by changes in Air Force missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and development requirements, (4) improved production schedules, or (5) revisions in the tasks or functions assigned to a military installa- tion or facility or for environmental considerations, if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be incon- sistent with interests of national security and, in connection therewith, may acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, in the total amount of Notification to $20,000,000. The Secretary of the Air Force, or his designee, shall congressional notify the Committees on Armed Services of the Senate and House committees. of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining
PUBLIC LAW 95-356—SEPT. 8, 1978 92 STAT. 575 thereto. This authorization will expire upon the date of enactment Authorization of the Military Construction Authorization Act for fiscal year 1980, expiration, except for those public works projects concerning which the Com- mittees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to such date. MINOR CONSTRUCTION SEC. 303. The Secretary of the Air Force is authorized to accomplish minor construction projects under section 2674 of title 10, United States Code, in the amount of $30,721,000. T I T L E IV—DEFENSE AGENCIES ATJTHORIZED CONSTRUCTION PROJECTS FOR T H E DEFENSE AGENCIES SEC. 401. The Secretary of Defense may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, for defense agencies for the following acquisition or construction: INSIDE THE UNITED STATES DEFENSE LOGISTICS AGENCY Defense Construction Supply Center, Columbus, Ohio, $529,000. Defense Depot, Mechanicsburg, Pennsylvania, $1,096,000. Defense Depot, Memphis, Tenne^ee, $3,555,000. Defense Depot, Ogden, Utah, $1,573,000. Defense Depot, Tracy, California, $1,927,000. Defense Fuel Support Point, Charleston, South Carolina, $532,000. Defense Fuel Support Point, Norwalk, California, $1,488,000. Defense Property Disposal Office, Fort Belvoir, Virginia, $755,000. Defense Property Disposal Office, Fort Hood, Texas, $555,000. Defense Property Disposal Office, Fort Lewis, Washington, $1,033,000. Defense Property Disposal Office, Fort Meade, Maryland, $546,000. Defense Property Disposal Office, Indianapolis, Indiana, $1,353,000. Defense Property Disposal Office, Jacksonville, Florida, $811,000. Defense Property Disposal Office, Keesler Air Force Base, Mis- sissippi, $611,000. Defense Property Disposal Office, McClellan Air Force Base, Cali- fornia, $1,533,000. Defense Property Disposal Office, Pensacola, Florida, $558,000. Defense Property Disposal Office, Selfridge Air National Guard Base, Michigan, $1,497,000. DEFENSE MAPPING AGENCY Defense Mapping Agency Aerospace Center, St. Louis Air Force Station, Missouri, $1,130,000. DEFENSE NUCLEAR AGENCY Armed Forces Radiobiology Research Institute, Bethesda, Mary- land, $6,300,000.
92 STAT. 576 PUBLIC LAW 95-356—SEPT. 8, 1978 NATIONAL SECURITY AGENCY Fort George G. Meade, Maryland, $2,850,000. OFFICE OF T H E SECRETARY OF DEFENSE Classified Activity, Fort Belvoir, Virginia, $9,200,000. OUTSIDE THE UNITED STATES DEFENSE L O G I S T I C S AGENCY Defense Property Disposal OiRce, Nuremberg, Germany, $870,000. Defense Property Disposal Office, Subic Bay, Philippines, $584,000. OFFICE OF T H E SECRETARY OF DEFENSE DEPARTMENT OF DEFENSE OFFICE OF DEPENDENTS SCHOOLS Nuremberg, Germany, $4,545,000. Pattonville Housing Area, Ludwigsburg, Germany, $6,4] 5,000. Pioneer Kaserne, Hanau, Germany, $6,297,000. Ramstein Air Base, Germany, $9,160,000. Zweibruecken Air Base, Germany, $7,263,000. NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE Various Locations: For the United States share of the cost of multi- lateral programs for the acquisition or construction of military facili- ties and installations (including international military headquarters) for the collective defense of the North Atlantic Treaty Area, Report to $120,000,000. Within thirty days after the end of each ca,lendar-year congressional quarter, the Secretary of Defense shall furnish to the Committees on committees. Armed Services and on Appropriations of the Senate and House of Representatives a description of the obligations incurred by the United States for the United States share of the cost of such multilateral programs. EMERGENCY CONSTRUCTION SEC 402. The Secretary of Defense may establish or develop installa- tions and facilities which he determines to be vital to the security of the United States and, in connection therewith, may acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, Notification to and equipment, in the total amount of $10,000,000. The Secretary of congressional Defense, or his designee, shall notify the Committees on Armed Serv- committees. ices of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public works undertaken under this section, including real estate actions pertaining thereto. MINOR CONSTRUCTION SEC 403. The Secretary of Defense is authorized to accomplish minor construction projects under section 2674 of title 10, United States Code, in the amount of $13,044,000.
PUBLIC LAW 95-356—SEPT. 8, 1978 92 STAT. 577 T I T L E V—MILITARY FAMILY HOUSING AUTHORIZATION TO CONSTRUCT OR ACQUIRE HOUSING SEC. 501. (a) The Secretary of Defense, or his designee, is authorized Secretary of to construct or acquire sole interest in existing family housing units HUD, in the numbers and at the locations hereinafter named, but no family consultation. housing construction shall be commenced at any such location in the United States until the Secretary shall have consulted with the Secre- tary of Housing and Urban Development as to the availability of suitable private housing at such location. If agreement cannot be Notification to reached with respect to the availability of suitable private housing congressional at any location, the Secretary of Defense shall notify the Committees committees. on Armed Services of the Senate and the House of Representatives, in writing, of such difference of opinion, and no contract for construc- tion at such location shall be entered into for a period of thirty days after such notification has been given. This authority shall include the authority to acquire land, and interests in land, by gift, purchase, exchange of Government-owned land, or otherwise. (b) With respect to the family housing units authorized to be con- Cost limitations; structed by this section, the Secretary of Defense is authorized to acquire sole interest in privately owned or Department of Housing and Urban Development held family housing units in lieu of con- structing all or a portion of the family housing authorized by this section, if he, or his designee, determines such action to be in the best interests of the United States, but any family housing units acquired under authority of this subsection shall not exceed the cost limitations specified in this section for the project nor the limitations on size specified in section 2684 of title 10, United States Code. In no case may family housing units be acquired under this subsection through the exercise of eminent domain authority, and in no case may family housing units other than those authorized by this section be acquired in lieu of construction unless the acquisition of such units is hereafter specifically authorized by law. (c) Family housing units and mobile home facilities: National Guard Advisory Detachments, Alaska, three units, $137,000. Naval Facility, Centerville Beach, California, twenty-eight units, $1,509,000. Marine Corps Air Station, El Toro, California, two hundred sixteen units, $9,396,000. Fort Ord, California, five hundred sixty units, $24,432,000, and fifty mobile home spaces, $690,000. Marine Corps Base, Twentynine Palms, California, one hun- dred units, $4,307,000. Fort Stewart, Georgia, one hundred and thirty-two units, $4,600,000. Naval Submarine Support Base, Kings Bay, Kingsland, Geor- gia, two hundred and fifty units, $11,505,000. Mountain Home Air Force Base, Idaho, fifty mobile home spaces, $445,000. Fort Polk, Louisiana, one hundred and sixty units, $7,300,000. Naval Communications Unit, Cutler, Maine, twenty units, $1,355,000. Naval Air Station, Fallon, Nevada, seventy units, $2,820,000.
92 STAT. 578 PUBLIC LAW 95-356—SEPT. 8, 1978 Nuclear Power Training Unit, Ballston Spa, New York, one hundred units, $5,541,000. Defense Attache Office, Brasilia, Brazil, two units, $322,000. Defense Installations, Cairo, Egypt, twenty-one units, $2,950,000, to be funded by use of excess foreign currency when so provided in Department of Defense Appropriation Acts. Defense Attache Office, Helsinki, Finland, six units, $670,000. Defense Attache Office, Kuala Lumpur, Malaysia, two units, $170,000. Defense Attache Office, Oslo, Norway, five units, $476,000. Defense Attache Office, Manila, Philippines, six units, $502,000. Defense Attache Office, Stockholm, Sweden, four units, $398,000. Defense Attache Office, Kinshasa, Zaire, four units, $350,000. (d) Any of the amounts specified in this section may, at the discre- tion of the Secretary of Defense, or his designee, be increased by 10 per centum, if he determines that such increase (1) is required for the sole purpose of meeting unusual variations in cost, and (2) could not have been reasonably anticipated at the time such estimate was sub- mitted to the Congress. The amounts authorized include the costs of shades, screens, ranges, refrigerators, and all other installed equip- ment and fixtures, the cost of the family housing unit, design, super- vision, inspection, overhead, land acquisition, site preparation, and installation of utilities. IMPROVEMENT OF EXISTING QUARTERS SEC. 502. (a) The Secretary of Defense, or his designee, is authorized to accomplish alterations, additions, expansions, or extensions, not otherwise authorized by law, to existing public quarters at a cost not to exceed— (1) for the Department of the Army, $18,786,000, of which $1,OOK),000 shall be available only for energy conservation projects; (2) for the Department of the Navy, $10,768,000, of which $1,725,000 shall be available only for energy conservation projects; (3) for the Department of the Air Force, $31,740,000, of which $5,807,000 shall be available only for energy conservation proj- ects; and (4) for the Defense Mapping Agency, $86,000. '^2 use (b) Section 610(a) of the Military Construction Authorization 1594h-2. ^^^^ i9g3 (Public Law 90-110, 81 Stat. 305), is amended by striking out "$15,000" in the first sentence and inserting in lieu thereof "$20,000". (c) The Secretary of Defense, or his designee, within the amounts specified in subsection (a) of this section, is authorized to accomplish repairs and improvements to existing public quarters in amounts in excess of the $20,000 limitation prescribed in section 610(a) of the Military Construction Authorization Act, 1968 (Public Law 90-110, 81 Stat. 305),as follows: Elmendorf Air Force Base, Alaska, two hundred and sixty-four units, $2,904,000. Marine Barracks, Washington, District of Columbia, one unit, $80,000.
PUBLIC LAW 95-356—SEPT. 8, 1978 92 STAT. 579 Marine Corps Development and Education Command, Quan- tico, Virginia, forty-eight units, $1,117,400. Eamstein Air Base (Vogelweh-Landstuhl), Federal Republic of Germany, ninety-six units, $1,680,200. Ramstein Air Base, Federal Republic of Germany, three hun- dred and sixty units, $8,151,600. Rhein-Main Air Base, Federal Republic of Germany, four hundred and twenty-four units, $9,215,000. Vilseck, Federal Republic of Germany, eight substandard units, $244,500. LEASING OF FAMILY HOUSING SEC. 503. (a) Section 2686 (c) of title 10, United States Code, relating to leases for military family housing, is amended— (1) by striking out "$280" and "$450" in paragraph (1) and inserting in lieu thereof "$300" and "$475", respectively; and (2) by striking out "$350" and "$450" in paragraph (2) and inserting in lieu thereof "$370" and "$475", respectively. (b) Section 2675 (d) of title 10, United States Code, relating to leases in foreign coimtries, is amended— <1) by striking out "$435" and "$760" in the first sentence of paragraph (1) and inserting in lieu thereof "$485" and "$850", respectively; and (2) by striking out "15,000" in paragraph (2) and inserting in lieu thereof "18,000". SETTLEMENT OF CLAIMS SEC. 504. (a) Notwithstanding the provisions of any other law, the Secretary of the Air Force is authorized to settle claims regarding con- struction of public quarters at Wright-Patterson Air Force Base, Ohio, in the amount of $500,000 plus interest from December 6,1977, at the rate established by the Secretary of the Treasury pursuant to Public Law 92-41 (85 Stat. 97). (b) Notwithstanding the provisions of any other public law, the Secretary of the Navy is authorized to settle claims regarding con- struction of public quarters at the Naval Complex, South Philadel- phia, Pennsylvania, in the amount of $1,750,000. AUTHORIZATION OF APPROPRIATIONS SEC. .505. There is authorized to be appropriated for fiscal year 1979 in a Military Construction Appropriation Act for use by the Secretary of Defense, or his designee, for military family housing as authorized by law for tiie following purposes: (1) For construction ol, or acquisition of sole interest in, family housing, including demolition, authorized improvements to public quarters, minor construction, relocation of family housing, rental guarantee payments, and planning, an amount not to exceed $139,105,000. (2) For support of military family housing, including operat- ing expenses, leasing, maintenance of real property, payments of principal and interest on mortgage debts incurred, payment to the Commodity Credit Corporation, and mortgage insurance pre- miums authorized under section 222 of the National Housing Act (12 U.S.C. 1715m), an amount not to exceed $1,562,500,000.
92 STAT. 580 PUBLIC LAW 95-356—SEPT. 8, 1978 HOUSING FOR NAVAL STATION, ADAK, ALASKA SEC. 506. Section 501(c) of the Military Consti-uction Authorization 91 Stat. 369. Act, 1978, is amended by striking out "$8,500,000" in the item relating to the Naval Station. Adak, Alaska, and inserting in lieu thereof "$10,500,000". T I T L E VI—AUTHORIZATION OF APPROPRIATIONS AND ADMINISTRATIVE PROVISIONS WAIVER OF RESTRICTIONS SEC. 601. The Secretary of each military department may proceed to establish or develop installations and facilities under this Act with- out regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774 and 9774 of title 10, United States Code. The authority to place permanent or temporary improvements on land includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exer- cised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or lands includes authority to make surveys and to acquire land and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. AUTHORIZATION OP APPROPRIATIONS SEC. 602. There are authorized to be appropriated for fiscal year 1979 such sums as may be necessary for the purposes of this Act, but appropriations for public works projects authorized by titles I, I I , I I I , IV, and V, shall not exceed— (1) for title I : inside the United States $487,853,000; outside the United States $228,026,000; minor construction $35,365,000; for a total of $751,244,000. (2) for title I I : inside the United States $690,885,000; outside the United States $59,763,000; minor construction $39,662,000; for a total of $790,310,000. (3) for title I I I : inside the United States, $423,059,000; outside the United States, $68,963,000; minor construction $30,721,000; for a total of $522,743,000. (4) for title I V : a total of $217,610,000, including $13,044,000 for minor construction. (5) for title V : military family housing, $1,701,605,000. COST VARIATIONS SEC. 603. (a) OVERALL TITLE TOTAL LIMITATION.—Notwithstanding the provisions of subsections (a), (b), (c), and (g), the total cost of all construction and acquisition in each of titles I, I I , I I I , and IV may not exceed the total amount authorized to be appropriated in that title. (b) VARIATIONS IN INSTALLATION TOTALS—^UNUSUAL VARIATIONS IN COST.—Except as provided in subsections (c) and ( d ) , anv of the amounts specified in titles I, I I , I I I , and I V of this Act (other than in sections 103, 203, 303, and 403) may, at the discretion of the Sec- retary of the military department or Director of the defense agency concerned, be increased by 5 per centum when inside the United States
PUBLIC LAW 9 5 - 3 5 6 — S E P T . 8, 1978 92 STAT. 5 8 1 (other t h a n Alaska or H a w a i i ) , a n d b y 10 p e r centum when outside the United States or in Alaska or H a w a i i , if he determines t h a t such increase (1) is required for the sole purpose of meeting unusual varia- tions in cost, a n d (2) could n o t have been reasonably anticipated a t t h e time such estimate was submitted to the Congress. (c) VARIATIONS I N INSTALLATION T O T A L S — O N L Y O N E P R O J E C T AT AN INSTALLATION.—^When the amount named for any construction or acquisition in title I , I I , I I I , or I V of this A c t involves only one project a t any military installation a n d the Secretary of the military department or Director of t h e defense agency concerned determines t h a t t h e amount authorized must be increased by more t h a n thQ applicable percentage prescribed in subsection ( b ) , h e m a y proceed with such construction or acquisition if t h e amount of t h e increase does n o t exceed b y more t h a n 25 per centum t h e amount named for such project by t h e Congress. ( d ) VARIATIONS I N INSTALLATION TOTALS—REPORTS BY T H E SECRE- TARY OF DEFENSE.—^When the Secretary of Defense determines t h a t any amount named in title I , I I , I I I , or I V of this A c t must be exceeded by more t h a n the percentages permitted in subsections ( b ) and (c) t o accomplish authorized construction or acquisition, t h e Secretary of the military department or Director of t h e defense agency concerned m a y proceed with such construction or acquisition after a written report of t h e facts relating t o t h e increase of such amount, including a statement of t h e reasons for such increase, h a s been submitted t o t h e Committees on A r m e d Services of t h e Senate and House of Representatives, and either (1) t h i r t y days have elapsed from t h e date of submission of such report, or (2) both committees have indicated approval of such construction or acquisition. Notwith- standing the provisions in prior Military Construction Authorization Acts, the provisions of this subsection shall apply to such prior Acts. (e) COST AND SCOPE VARIATIONS o r INDIVIDUAL P R O J E C T S ; REPORTS TO CONGRESS.—No individual project authorized under title I , I I , I I I , or I V of this A c t for any specifically listed military installation for which the current working estimate is $400,000 or more m a y be placed under contract if— (1) t h e approved scope of t h e project is reduced in excess of 25 per centum; or (2) t h e current working estimate, based upon bids received, for the construction of such project exceeds by more t h a n 25 per centum the amount authorized for such project by t h e Congress; until a written report of the facts relating to the reduced scope or increased cost of such project, including a statement of t h e reasons for reduction in scope or increase in cost, h a s been submitted t o t h e Committees on Armed Services of t h e Senate a n d House of Repre- sentatives, a n d either t h i r t y days have elapsed from t h e date of sub- mission of such report, or both committees have indicated approval of such reduction i n scope or increase i n cost, as t h e case may be. (f) A N N U A L REPORT TO CONGRESS.—^The Secretary of Defense shall submit an annual report to t h e Congress identifying each individual project (other t h a n a project authorized under section 103, 203, 303, or 403) which h a s been placed under contract i n t h e preceding twelve- month period a n d with respect to which t h e then current working estimate of t h e D e p a r t m e n t of Defense based upon bids received for such project exceeded the amount authorized by the Congress for t h a t project b y more t h a n 25 p e r centum. T h e Secretary shall also include in such report each individual project with respect t o which the scope
92 STAT. 582 PUBLIC LAW 95-356—SEPT. 8, 1978 was reduced by more than 25 p e r centum in order to permit contract a w a r d within the available authorization for such project. Such report shall include all pertinent cost information for each individual project, including the amount in dollars a n d percentage by which t h e current working estimate based on t h e contract price for the project exceeded the amount authorized for such project by t h e Congress. ( g ) COST AND FLOOR AREA VARIATIONS—SOLAR E N E R G Y . — T h e Secre- t a r y of Defense shall encourage t h e utilization of solar energy as a source of energy for projects authorized by this Act where utilization of solar energy would be practical and economically feasible. I n order to equip any project authorized by this Act with solar heating equip- ment, solar cooling equipment, or both solar heating and solar cooling equipment, the Secretary of Defense may authorize increases in the cost limitations or floor area limitations for such project by such amounts as may be necessary for such purpose. Any increase under this section in the cost or floor area of a project authorized by this A c t shall be in addition to a n y other increase in such cost or variation in floor area limitations authorized by this or any other Act. ( h ) COST VARIATIONS—MINOR CONSTRUCTION.— (1) T h e first sen- tence of section 2674(b) of title 10, United States Code, relating t o minor construction projects, is amended to read as follows: "This sec- tion does not authorize a project costing more than $500,000, except t h a t tlie cost authorized for a project may be increased above $500,000 by not more t h a n 10 percent of the original approved cost of such proj- ect if the Secretary of Defense determines— " ( 1 ) that such an increase is required for the sole purpose of meeting unusual variations in cost, and " ( 2 ) t h a t such variations in cost could not have been reason- ably anticipated at the time the project was originally approved.". Effective date. (2) T h e amendment made by this subsection shall take effect on 10 use 2674 October 1,1978. note. CONSTRUCTION SUPERVISION SEC. 604. Contracts for construction made by t h e United States for performance within t h e United States a n d its possessions under this Act shall be executed under the jurisdiction a n d supervision of the Corps of Engineers, Department of t h e A r m y ; t h e Naval Facilities Engineering Command, Department of the N a v y ; or such other department or Government agency as the Secretaries of t h e military departments recommend a n d the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective accomplishment Report to of the construction herein authorized. The Secretaries of t h e military Congress. departments shall report annually to the President of the Senate a n d Speaker of t h e House of Representatives a breakdown of the dollar value of construction contracts completed by each of t h e several con- struction agencies selected together with the design, construction supervision, a n d overhead fees charged by each of t h e several agents in the execution of the assigned construction. F u r t h e r , such contracts (except architect and engineering contracts which, unless specifically authorized by the Congress shall continue to be awarded in accordance with presently established procedures, customs, and practice) shall be awarded, insofar as practicable, on a competitive basis to t h e lowest responsible bidder, if t h e national security will n o t be impaired a n d t h e a w a r d is consistent with chapter 137 of title 10, United States 10 u s e 2301 et Code. T h e Secretaries of the military departments shall report seq. annually to t h e President of t h e Senate and Speaker of the House of Report to Representatives with respect t o all contracts awarded on other t h a n a Congress.
PUBLIC LAW 95-356—SEPT. 8, 1978 92 STAT. 583 competitive basis to the lowest responsible bidder. Such reports shall also show, in the case of the ten architect-engineering firms which, in terms of total dollars, were awarded the most business; the names of such firms; the total number of separate contracts awarded each firm; and the total amount paid or to be paid in the case of each such action under all such contracts awarded such firm. REPEAL o r PRIOR AUTHORIZATIONS; EXCEPTIONS SEC. 605. (a) As of October 1, 1979, all authorizations for military public works, including family housing, to be accomplished by the Secretary of a military department in connection with the establish- ment or development of installations and facilities, and all authoriza- tions for appropriations therefor, that are contained in titles I, I I , I I I , IV, and V of the Military Construction Authorization Act, 1978 (Pub- lic Law 95-82; 91 Stat. 358), and all such authorizations contained in Acts approved before August 1,1977, and not superseded or otherwise modified by a later authorization are repealed except— (1) authorizations for public works and for appropriations therefor that are set forth in those Acts in the titles that contain the general provisions; and (2) authorizations for public works projects as to which appro- priated funds have been obligated for construction contracts, land acquisition, or payments to the North Atlantic Treaty Organiza- tion, in whole or in part, before October 1, 1979, and authoriza- tions for appropriations therefor. (b) Notwithstanding the repeal provisions of subsection (a) of this section and section 605 of the Military Construction Authorization Act, 1978 (Public Law 95-82; 91 Stat. 358), authorizations for the fol- lowing items sihall remain in effect until October 1, 1980: (1) Medical Facility construction in the amount of $2,014,000 at Fort Drum, New York, authorized in section 101 of the Military Construction Authorization Act, 1977 (Public Law 94r-431; 90 Stat. 1349). (2) Barracks Building construction in the amount of $5,100,000 at Fort Drum, New York, authorized in section 101 of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1349). (3) Effluent Land Irrigation System construction in the amount of $6,933,000 at Fort Ord, California, authorized in section 101 of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1349). (4) Sulphuric Acid Eegenerator construction in the amount of $15,238,000 at the Sunflower Army Ammunition Plant, Kansas, authorized in section 101 of the Military Construction Authoriza- tion Act, 1977 (Public Law 94-431; 90 Stat. 1350). (5) Cold Storage Warehouse construction in the amount of $1,215,000 at Fort Dix, New Jersej, authorized in section 101 of the Military Construction Authorization Act, 1973 (Public Law 92-545; 86 Stat. 1135), and extended in section 605 (3) (B) of the Military Construction Authorization Act, 1975 (Public Law 93-552; 88 Stat. 1762), and in section 605(b) (2) of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1363). (6) Solid Waste System construction in the amount of $300,000 at the Naval Submarine Base, New London, Connecticut, author- ized in section 201 of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1352).
92 STAT. 584 PUBLIC LAW 95-356—SEPT. 8, 1978 (7) Naval Historical Center construction in the amount of $1,300,000 at Headquarters, Naval District of Washington, Dis- trict of Columbia, authorized in section 201 of the Military Con- struction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1352). U N I T COST LIMITATIONS SEC. 606. None of the authority contained in titles I, I I , I I I , and IV of this Act shall be deemed to authorize any building construction projects inside the United States in excess of a unit cost to be deter- mined in proportion to the appropriate area construction cost index, based on the following unit cost limitations where the area construction index is 1.0: (1) $45 per square foot for permanent barracks; or (2) $48 per square foot for bachelor of&cer quarters; unless the Secretarj^ of Defense, or his designee, determines that, because of special circumstances, application to such project of the limitations on unit cost contained in this section is impracticable. Not- withstanding the limitations contained in prior Military Construc- tion Authorization Acts on unit costs, the limitations on such costs contained in this section shall apply to all prior authorizations for such construction not heretofore repealed and for which construction contracts have not been awarded by the date of enactment of this Act. T I T L E VII—GUAKD AND RESERVE FORCES F A C I L I T I E S AUTHORIZATION FOR FACILITIES 10 use 2231 et SEC. 701. Subject to chapter 133 of title 10, United States Code, the *«9- Secretary of Defense may establish or develop additional facilities for the Guard and Reserve Forces, including the acquisition of land there- for, but the cost of such facilities shall not exceed the following amounts: (1) For the Department of the Army— (A) for the Army National Guard of the United States, $47,300,000; and (B) for the Army Reserve, $27,400,000. (2) For the Department of the Navy, for the Naval and Marine Corps Reserves, $19,350,000. (3) For the Department of the Air Force— (A) for the Air National Guard of the United States, $39,350,000; and (B) for the Air Force Reserve, $11,400,000. WAIVER OF CERTAIN RESTRICTIONS SEC. 702. The Secretary of Defense may establish or develop installa- tions and facilities under this title without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774 and 9774 of title 10, United States Code. The authority to place permanent or temporary iniprovements on land includes authority^ for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land and interests in land (including temporary
PUBLIC LAW 95-356—SEPT. 8, 1978 92 STAT. 585 use), by gift, purchase, exchange of Government-owned land, or otherwise. T I T L E VIII—GENERAL PROVISIONS ADVANCE REPORTS TO CONGRESS OE CERTAIN ADVANCE PLANNING AND CONSTRUCTION DESIGN COSTS SEC, 801. Section 612 of the Military Construction Authorization Act, 1967 (31 U.S.C. 723a), relating to advance planning and design projects, is amended by striking out "$225,000" and inserting in lieu thereof "$250,000". TRANSMISSION OF A N N U A L MILITARY CONSTRUCTION AUTHORIZATION REQUEST TO CONGRESS SEC. 802. (a) (1) Chapter 131 of title 10, United States Code, is 10 u s e 2201 et amended by adding at the end thereof the following new section: seq. ^§ 2212. Transmission of annual military construction authoriza- 10 u s e 2212. tion request "The Secretary of Defense shall transmit to the Congress the annual request for military construction authorization for a fiscal year during the first ten days after the President transmits to the Congress the Budget for such fiscal year pursuant to section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11).". (2) The table of sections at the beginning of chapter 131 of title 10, United States Code, is amended by adding at the end thereof the fol- lowing new item: "2212. Transmission of annual military construction authorization request.". (b) The amendments made by subsection (a) shall apply with 10 USe 2212 respect to fiscal year 1980 and each fiscal year thereafter. "ote. DEVELOPMENT OF SOURCES OF ENERGY ON MILITARY LANDS SEC. 803. (a) The Secretary of each military department may 30 USC 1002a develop for the use or benefit of the Department of Defense any geo- thermal energy resource within lands under his jurisdiction other than public lands administered by the Secretary of the Interior. (b) (1) If the Secretary of a military department determines that it is in the interest of the Government to do so, he may contract, for a period not to exceed thirty years, for the provision and operation of energy production facilities on real property under his jurisdiction and for the purchase of energy produced from such facilities, except that no such contract may be made for the development of energy resources derived from nuclear or fossil fuel sources. (2) Any contract under paragraph (1) may be made only— (A) after the approval of the Secretary of Defense of the proposed contract; and (B) after the Committees on Armed Services of the Senate Notification to and House of Representatives have been notified of the terms of congressional the proposed contract, including the dollar value of such con- committees. tract and the amount of energy to be delivered to the Govern- ment under such contract. (c) This section shall take effect on October 1,1978. Effective date. 30 USC 1002a REQUIREMENT FOR USE OF SOLAR ENERGY SYSTEMS note. SEC. 804. (a) Effective ninety days after the date of the enactment 42 USC 5504a, of this Act, the Secretary of Defense shall require that 25 per centum,
92 STAT. 586 PUBLIC LAW 95-356—SEPT. 8, 1978 based on the estimated dollar value of the construction cost, of all new facilities except family housing that are placed under design shall include solar energy systems to the extent that engineering analyses demonstrate is cost effective. (b) Effective on the date of the enactment of this Act, the Secretary of Defense shall require that all family housing authorized for con- struction shall include solar energy systems to the extent that engi- neering analyses demonstrate is cost effective. (c) For the purposes of this section, a solar energy system shall be considered to be cost effective if the original investment cost differen- tial can be recovered over the expected life of the facility. BASE CLOSUEE AND BEALINEMENT AMENDMENT SEC. 805. Clause (B) of paragraph (1) of section 2687(d) of title 10, United States Code, is amended by striking out "five hundred" and inserting in lieu thereof "three hundred". REAL ESTATE, PEASE AIR FORCE BASE SEC. 806. No official acting on behalf of the Department of Defense or any of the military departments shall purchase, or directly or indirectly negotiate for the purchase of, any of the land contiguous to the existing boundaries of Pease Air Force Base, New Hampshire, without the express authorization of the Congress. LAND C O N V E Y A N C E , MEMPHIS, TENNESSEE SEC. 807. (a) The Secretary of the Navy (hereinafter in this sec- tion referred to as the "Secretary") is authorized to convey to Plough Inc., a Delaware corporation with j)rincipal offices in the city of Mem- phis, Tennessee, all right, title, and interest of the United States in and to the land and improvements which comprise the Marine Corps Reserve Center, Memphis, Tennessee. Such conveyance shall be made subject to such terms and conditions as the Secretary considers appro- priate, but may not be made until a replacement facility for such Reserve Center is available in accordance with subsection (b). Funds, (b)(1) I n consideration for such conveyance by the Secretary under availability. subsection (a), Plough Inc.— (A) shall make available to the Secretary funds for the pur- chase of land and the purchase or making of improvements on such land which are acceptable to the Secretary as a replace- ment facility for such Marine Corps Reserve Center; or (B) shall convey to the United States unencumbered fee simple title to land in the area of Memphis, Tennessee, which contains improvements acceptable to the Secretary as a replacement facility for such Marine Corps Reserve Center. (2) In addition. Plough Inc., as a further condition of the convey- ance under subsection (a), shall pay to the Secretary the cost of the relocation of the such Marine Corps Reserve Center from the facility on the land conveyed by the Secretary under subsection (a) to the facility on the land acquired by the Secretary under this subsection. (c) The replacement facility to be provided under subsection (b) shall be designed to meet the current and foreseeable future require- ments of the Marine Corps Reserve in and around Memphis, Tennes- see, as determined by the Secretary.
PUBLIC LAW 95-356—SEPT. 8, 1978 92 STAT. 587 (d) Funds made available under subsections (b) ^1) and (2), and land conveyed under subsection (b) (1), shall be subject to terms and conditions which shall be agreed upon by the Secretary and Plough Inc. and which the Secretary considers to be in the public interest. If the cost of the replacement facility is less than the replacement cost or fair market value, whichever is greater, of the existing facility of such Marine Corps Reserve Center, Plough Inc. shall pay the amount of the difference between such costs to the United States, and such amount shall be deposited in the Treasury as miscellaneous receipts. (e) The exact acreage and legal description of any land conveyed under this section shall be determined by surveys which are satisfac- tory to the Secretary. (f) The Secretary is authorized to accept any land conveyed, or any funds made available, to the United States under subsection (b), and any such land shall be administered by the Secretary and any such funds may be obligated and disbursed by the Secretary. The authority under this section to place improvements on land (including site prepa- ration) may be exercised before title to the land is approved under section 355 of the Revised Statutes (40 U.S.C. 255). LAND CONVEYANCE, NICEVILLE, ELORIDA ' SEC. 808. (a) Subject to subsection (b), the Secretary of the Air Force (hereinafter in this section referred to as the "Secretarv") is authorized to convey to the city of Niceville, Florida (hereinafter in this section referred to as the "City"), all right, title, and interest of the United States in and to the land described in subsection (c), (b) (1) The conveyance authorized in subsection (a) shall be made only if not later than one year after the date of the enactment of this Act, the City— • , (A) conveys land to the United States which has a fair market value which is not less than the fair market value of the land authorized to be conveyed in subsection ( a ) ; (B) pays the United States an amount of money equal to such fair market value; or (C) conveys land and pays an amount of money to the United States which in total equals an amount which is not less than such fair market value. (2) If such land is used for any purpose other than a cemetery which is operated on a nonprofit basis, title to such land shall revert to the United States. (3) The Secretary shall include in any instrument making such conveyance terms which will carry out the provisions of para- graph (2). (c) The land referred to in subsection (a) is a portion of Eglin Air Force Base, Florida, containing 48.59 acres, more or less. (d) The exact acreage and legal description of any land conveyed under this section shall be determined by surveys which are satisfac- tory to the Secretary. LAND C O N V E Y A N C E , OKALOOSA COUNTY, FLORIDA SEC. 809. (a) Subject to subsection (b), the Secretary of the Air Force (hereinafter in this section referred to as the "Secretary") is authorized to convey to the Air Force Enlisted Men's Widows and Dependents Home Foundation, Incorporated (hereinafter in this sec- tion referred to as the "Foundation"), of Washington, District of Columbia, all right, title, and interest of the United States in and to the 39-194 O—80—pt. 1 41 : QU
92 STAT. 588 PUBLIC LAW 95-356—SEPT. 8, 1978 land described in subsection (c). Such conveyance shall be made sub- ject to such terms and conditions as the Secretary considers appro- priate to carry out the provisions of this section. (b) (1) In consideration for such conveyance made by the Secretary under subsection (a), the Foundation shall— (A) convey land to the United States which has a fair market value which is not less than the fair market value of the land authorized to be conveyed in subsection ( a ) ; (B) pay the United States an amount of money equal to such fair market value; or (C) convey land and pay an amount of money to the United States which in total equals an amount which is not less than such fair market value. (2) If the land conveyed under subsection (a) is not used as a permanent location for facilities of the Foundation before the end of the ten-year period beginning on the date on which such land is con- veyed, title to such land shall revert to the United States. (3) If such reversion occurs, the Secretary shall pay to the Founda- tion an amount of money equal to 50 per centum of the fair market value of the land reverting to the United States. Such fair market value shall be determined as of the date on which such land was con- veyed to the Foundation by the Secretary. (4) No construction shall be started on such land until plans for such construction are approved by the Secretary. (5) Notwithstanding sections 2733 of title 10, United States Code, sections 1346 and 2672 of title 28, United States Code, and section 715 of title 32, United States Code, the United States shall not be liable to the Foundation for any damage to, or diminution in value of, the land conveyed pursuant to this section or improvements thereon, if such damage or diminution of value is caused by any activity of the United States at Eglin Air Force Base. (c) The land referred to in subsection (a) is a portion of Eglin Air Force Base, Florida, composed of two parcels containing a total of seventy-nine acres. (d) The exact acreage and legal description of any land conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. LAND CONVEYANCE, KANSAS CITY, MISSOURI SEC. 810. (a) Subject to subsection (b), the Secretary of the Army (hereinafter in this section referred to as the "Secretary") is author- ized to convey to the Central-Wyandotte Development Corp. (herein- after in this section referred to as the "Corporation") of Kansas City, Missouri, subject to such terms and conditions as the Secretary con- siders appropriate, all right, title, and interests of the United States in and to the following lots, including all improvements on such lots, located in block 4, J. H. McGee's Addition, Kansas City, Jackson County, Missouri: (1) The south 371/2 feet of lot 47. (2) Lot 48. (3) The north 17.34 feet of lot 49. (b) (1) In consideration for such conveyance by the Secretary under subsection (a), the Corporation shall convey to the United States unencumbered fee simple title to the following lots located in block 4, J. H. McGee's Addition, Kansas City, Jackson County, Missouri: (A) The south 4.84 feet of lot 50.
PUBLIC LAW 95-356—SEPT. 8, 1978 92 STAT. 589 (B) Lots 51 and 52. (2) The Corporation shall make improvements on such lots in accordance with requirements of, and subject to the approval of, the Secretary. (c) If the combined fair market value of the lots to be ccmveyed to the United States by the Corporation and the improvements made on such lots by the Corporation (and approved by the Secretary) is less than the fair market value of the lots conveyed by the Secretary to the Corporation, the Corporation shall pay the amount of the differ-^ ence in such fair market values to the Secretary, and such amount shall be deposited in the Treasury as miscellaneous receipts. (d) The cost of any survey necessary to complete any conveyance under this section shall be paid by the Corporation. (e) The Secretary is authorized to accept any land conveyed to the United States under subsection (b), and any such land shall be admin- istered by the Secretary. LAND CONVEYANCE, LOGAN, U T A H SEC. 811. (a) Subject to subsection (b), the Secretary of the Army (hereinafter in this section referred to as the "Secretary") is author- ized to convey to Utah State University (hereinafter m this section referred to as the "University"), an agency of the State of Utah, all . right, title, and interest of the United States in and to improvements located on land which is leased from the University by the United States and which is located on the campus of the University in Logan, Cache County, Utah. (b) (1) In consideration for such conveyance by the Secretary under .subsection (a), the University shall— (A) make improvements, for use as a United States Armv Reserve Center, on land owned by the University at Eighteenth North Street and Second East Street, North Logan, Cache County, Utah; and (B) lease to the Secretary, for a period of ninety-nine years and at a nominal amount of rent, the land upon which such improvements are made. (2) Such improvements shall be made in accordance with require- ments of, and subject to the approval of, the Secretary, except that the value of such improvements shall not be less than the fair market value of the existing United States Army Reserve Center on the land described in subsection (a). (3) Funds for such improvements shall be provided as follows: (A) The TTniversity shall contribute not less than $210,000. (B) The United States shall contribute all additional funds needed to complete such improvements, not to exceed $501,756, from funds available without fiscal year limitation from the mili- tary construction appropriation for the Army Reserve for fiscal year 1978. LAND CONVEYANCE, H A W A I I SEC. 812. (a) Notwithstanding any other provision of law, the Sec- retary of the Navy is authorized to convey to the State of Hawaii, subject to the terms and conditions stated m this section and to such other terms and conditions as the Secretary of the Navy considers to be in the public interest, all right, title, and interest of the United States in and to certain land, with improvements thereon, referred to as the Navy Drum Storage Area and as described in subsection (c).
92 STAT. 590 PUBLIC LAW 95-356—SEPT. 8, 1978 (b) In consideration for the conveyance by the United States of the property described in subsection (c), the State of Hawaii shall pay to the United States an amount which is the greater of (1) the total cost of a replacement facility for the improvements on such property, or (2) the fair market value of the property to be conveyed, as determined by the Secretary of the Navy. The money so paid shall be available for site preparation and construction by the Navy of new storage facilities to replace the Navy Drum Storage Facilities (Ewa Junction), and the Secretary is authorized to accept, hold, obligate, and disburse such money to accomplish such replacement. (c) The land authorized to be conveyed to the State of Hawaii by subsection (a) is an area of land referred to as the Navy Drum Storage Area and comprising approximately 43.813 acres, including an area designated as the "public works center" and the "naval supply center", together with improvements thereon, as generally depicted on the Real Estate Sunmiary Map, Ewa Junction, Oahu, Hawaii, Department of the Navy (revised December 4,1975). The exact description and acre- age of the land to be conveyed shall be determined by a survey as mutually agreed upon between the State of Hawaii and the Secretary of the Navy. EFFECTIVE DATE FOK CONVEYANCES SEC. 813. Sections 807 through 812 shall take effect on October 1, 1978. Approved September 8, 1978. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1147 (Comm. on Armed Services) and No. 95-1448 (Comm. of Conference). SENATE REPORT No. 95-847 accompanying S. 3079 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 124 (1978): May 22, considered and passed House. July 12, considered and passed Senate, amended, in lieu of S. 3079. Aug. 16, House agreed to conference report. Aug. 17, Senate agreed to conference report.