skip to main content

H.R. 7301 (96th): Military Construction Authorization Act, 1981


The text of the bill below is as of Oct 10, 1980 (Passed Congress).


PUBLIC LAW 96-418—OCT. 10, 1980                                     94 STAT. 1749
Public Law 96-418
96th Congress
                                    An Act
To authorize certain construction at military installations for fiscal year 1981, and     Oct. 10, 1980
                                 for other purposes.                                      [H.R. 7301]

  Be it enacted by the Senate and House of Representatives of the
United States ofAmerica in Congress assembled, That this Act may be Military
cited as the "MiUtary Construction Authorization Act, 1981".       Au'thSdon
                                                                                        Act, 1981.
                               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, 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

                  UNITED STATES ARMY FORCES COMMAND

  Fort Bragg, North Carolina, $16,350,000.
  Fort Campbell, Kentucky, $14,200,000.
  Fort Carson, Colorado, $129,960,000.
  Fort Devens, Massachusetts, $1,000,000.
  Fort Drum, New York, $5,900,000.
  Fort Gillem, Georgia, $2,600,000.
  Fort Hood, Texas, $24,420,000.
  Fort Hunter-Liggett, California, $5,100,000.
  Fort Lewis, Washington, $16,000,000.
  Fort Ord, California, $4,700,000.
  Fort Polk, Louisiana, $14,800,000.
  Fort Riley, Kansas, $890,000.
  Fort Sam Houston, Texas, $3,750,000.
  Fort Stewart/Hunter Army Air Field, Georgia, $31,700,000.
  Presidio of San Francisco, California, $750,000.
                UNITED STATES ARMY WESTERN COMMAND

  Schofield Barracks, Hawaii, $12,220,000.
  Tripler Army Medical Center, Hawaii, $84,500,000.
       UNITED STATES ARMY TRAINING AND DOCTRINE COMMAND

  Fort A. P. Hill, Virginia, $930,000.
  Fort Belvoir, Virginia, $2,310,000.
  Fort Benning, Georgia, $13,390,000.
  Fort Bliss, Texas, $2,400,000.

94 STAT. 1750 PUBLIC LAW 96-418—OCT. 10, 1980 Fort Dix, New Jersey, $4,510,000. Fort Eustis, Virginia, $1,100,000. Fort Gordon, Georgia, $2,500,000. Fort Jackson, South Carolina, $20,140,000. Fort Knox, Kentucky, $5,400,000. Fort Leavenworth, ICansas, $1,250,000. Fort Leonard Wood, Missouri, $7,900,000. Fort Rucker, Alabama, $30,560,000. Fort Sill, Oklahoma, $4,100,000, UNITED STATES ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND Anniston Army Depot, Alabama, $3,550,000. Badger Army Ammunition Plant, Wisconsin, $2,100,000. Corpus Christi Army Depot, Texas, $1,600,000. Fort Monmouth, New Jersey, $2,000,000. Holston Army Ammunition Plant, Tennessee, $4,690,000. Indiana Army Ammunition Plant, Indiana, $2,800,000. Iowa Army Ammunition Plant, Iowa, $1,650,000. Jefferson Proving Ground, Indiema, $960,000. Letterkenny Army Depot, Pennsylvania, $9,250,000. Lone Stai- Army Ammunition Plant, Texas, $4,350,000. Louisiana Army Ammunition Plant, Louisiana, $1,050,000. McAlester Army Ammunition Plant, Oklahoma, $620,000. Picatinny Arsenal, New Jersey, $1,400,000. Pine Bluff Arsenal, Arkansas, $3,150,000. Red River Army Depot, Texas, $3,800,000. Redstone Arsenal, Alabama, $12,190,000. Rock Island Arsenal, Illinois, $6,870,000. Rocky Mountain Arsenal, Colorado, $10,400,000. Sacramento Army Depot, California, $1,930,000. Sierra Army Depot, California, $550,000. St. Louis Support Activity, Illinois, $3,050,000. Tobyhanna Army Depot, Pennsylvania, $680,000. Tooele Army Depot, Utah, $2,050,000. Twin City Army Ammunition Plant, Minnesota, $820,000. Umatilla Army Depot, Oregon, $620,000. Volunteer Army Ammunition Plant, Tennessee, $2,150,000. White Sands Missile Range, New Mexico, $1,000,000. Yuma Proving Ground, Arizona, $2,650,000. AMMUNITION FACIUTIES Holston Army Ammunition Plant, Tennessee, $300,000. Indiana Army Ammunition Plant, Indiana, $3,570,000. Iowa Army Ammunition Plant, Iowa, $2,300,000. Lake City Army Ammunition Plant, Missouri, $220,000. Lone Star Army Ammunition Plant, Texas, $540,000. Longhom Army Ammunition Plant, Texas, $260,000. Louisiema Army Ammunition Plant, Louisiana, $380,000. Milan Army Ammunition Plant, Tennessee, $210,000. Radford Army Ammunition Plant, Virginia, $5,890,000. UNITED STATES ARMY CORPS OF ENGINEERS Cold Regions Laboratory, New Hampshire, $6,100,000.
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1751 MILITARY DISTRICT OF WASHINGTON Cameron Station, Virginia, $930,000. Fort McNair, Washington, District of Columbia, $690,000. Fort Myer, Virginia, $1,150,000. UNITED STATES ARMY COMMUNICATIONS COMMAND Fort Huachuca, Arizona, $4,650,000. Fort Ritchie, Maryland, $1,750,000. UNITED STATES ARMY HEALTH SERVICES COMMAND Fort Detrick, Maryland, $1,350,000. Fitzsimmons Army Medical Center, Colorado, $790,000. MILITARY TRAFFIC MANAGEMENT COMMAND Bayonne Terminal, New Jersey, $660,000. Sunny Point Terminal, North Carolina, $1,800,000. OUTSIDE THE UNITED STATES EIGHTH U N I T E D STATES ARMY, KOREA Various Locations, $62,074,000. KWAJALEIN MISSILE RANGE National Missile Range, $5,440,000. U N I T E D S T A T E S ARMY FORCES COMMAND Panama Area, Canal Zone, $8,100,000. UNITED S T A T E S ARMY, JAPAN Kawakami, Japan, $3,000,000. UNITED S T A T E S ARMY, EUROPE Various Locations, $168,340,000. UNITED STATES ARMY INTELLIGENCE AND SECURITY COMMAND Korea, $1,186,000. EMERGENCY CONSTRUCTION SEC. 102. The Secretary of the Army may establish or develop installations and facilities by proceeding with construction made necessary by changes in missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and develop- ment requirements, (4) improved production schedules, or (5) revi- sions 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 inconsist- ent with interests of national security and, in connection therewith,
94 STAT. 1752 PUBLIC LAW 96-418—OCT. 10, 1980 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 Army, or the Secretary's designee, congressional shall notify the Committees on Armed Services of the Senate and committees. House of Representatives, immediately upon reaching a final deci- sion to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions Expiration date. pertaining thereto. This authorization shall expire on October 1, 1981, or on the date of the enactment of the Military Construction Authorization Act for fiscal year 1982, whichever is later, 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 $44,560,000. DEFICIENCY AUTHORIZATION FOR FISCAL YEAR 1979 PROJECTS SEC. 104. Section 602(1) of the Military Construction Authorization Act, 1979 (Public Law 95-356; 92 Stat. 580), is amended to read as follows: "(1) for title L inside the United States $503,794,000; outside the United States $232,510,000; minor construction $35,365,000; for a total of $771,669,000.". TITLE II-NAVY AUTHORIZED NAVY CONSTRUCTION PROJECTS SEC. 201, The Secretary of the Navy 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 MARINE CORPS Marine Corps Air Station, Beaufort, South Carolina, $930,000. Marine Corps Base, Camp Lejeune, North Carolina, $24,700,000. Marine Corps Base, Ceunp Pendleton, California, $8,050,000. Marine Corps Air Station, Cherry Point, North Carolina, $16,700,000. Marine Corps Air Station, El Toro, California, $11,500,000. Marine Corps Air Station, Kaneohe Bay, Hawaii, $620,000. Marine Corps Recruit Depot, Parris Island, South Carolina, $6,800,000. Marine Corps Development and Education Command, Quantico, Virginia, $5,800,000. Marine Corps Air Ground Combat Center, Twentynine Palms, California, $9,400,000. Marine Corps Air Station, Yuma, Arizona, $2,200,000.
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1753 OFFICE OF NAVAL RESEARCH Naval Research Laboratory, Washington, District of Columbia, $7,300,000. CHIEF OF NAVAL OPERATIONS Naval Submarine Base, Bangor, Bremerton, Washington, $8,562,000. Naval Submarine Support Base, Kings Bay, Kingsland, Geoi^a, $18,000,000. Commandant Naval District, Washington, District of Columbia, $790,000. COMMANDER IN CHIEF, UNITED STATES ATLANTIC FLEET Naval Air Station, Brunswick, Maine, $4,100,000. Naval Station, Charleston, South Carolina, $13,200,000. Naval Air Station, Jacksonville, Florida, $3,830,000. Naval Amphibious Base, Little Creek, Virgmia, $8,100,000. Naval Station, Mayport, Florida, $24,620,000. Naval Submgirine Base, New London, Groton, Connecticut, $8,030,000. Headquarters Support Activity, Atlantic Fleet, Norfolk, Virginia, $3,400,000. Naval Air Station, Norfolk, Virginia, $2,450,000. Naval Station, Norfolk, Virginia, $15,500,000. Naval Air Station, Oceana, Virginia, $19,350,000. COMMANDER IN CHIEF, UNITED STATES PACIFIC FLEET Naval Air Station, Alameda, California, $10,850,000. Naval Air Station, Barbers Point, Hawaii, $2,500,000. Naval Air Station, Fallon, Nevada, $330,000. Naval Air Station, Lemoore, California, $5,810,000. Naval Magazine, Lualualei, Hawaii, $6,600,000. Naval Air Station, Miramar, California, $1,200,000. Naval Air Station, North Island, California, $850,000. Naval Submarine Base, Pearl Harbor, Hawaii, $1,900,000. Naval Station, San Diego, California, $4,950,000. Navy Submarine Support Facility, San Diego, California, $4,150,000. Naval Air Station, Whidbey Island, Washington, $2,390,000. CHIEF OF NAVAL EDUCATION AND TRAINING Fleet Ballistic Missile Submarine Training Center, Charleston, South Carolina, $1,100,000. Fleet Combat Training Center, Atlantic, Dam Neck, Virginia, $4,700,000. Naval Submarine School, Groton, Connecticut, $1,150,000. Naval Education and Training Center, Newport, Rhode Island, $620,000. Naval Training Center, Orlando, Florida, $7,050,000. Fleet Combat Training Center, Pacific, San Diego, California, $540,000. Naval Submarine Training Center, San Diego, California, $4,450,000. Naval Air Station, Whiting Field, Florida, $3,680,000.
94 STAT. 1754 PUBLIC LAW 96-418—OCT. 10, 1980 BUHEAU OF MEDICINE AND SURGERY National Naval Medical Center, Bethesda, Marvland, $23,000,000. Naval Regional Medical Center, San Diego, California, $293,000,000, including land acquisition. NAVAL MATERIAL COMMAND Naval Air Rework Facility, Alameda, California, $2,350,000. Puget Sound Naval Shipyard, Bremerton, Washington, $35,000,000. Naval Supply Center, Puget Sound, Bremerton, Washington, $2,200,000. Naval Fuel Annex, Casco Bay, Maine, $3,900,000. Charleston Naval Shipyard, Charleston, South Carolina, $6,600,000. Naval Weapons Station, Charleston, South Carolina, $3,410,000. Polaris Missile Facility, Atlantic, Charleston, South Carolina, $8,400,000. Naval Weapons Center, China Lake, California, $9,050,000. Naval Construction Battalion Center, Davisville, Rhode Island, $550,000. Navy Public Works Center, Great Lakes, Illinois, $8,400,000. Naval Undersea Warfare Engineering Station, Keyport, Washing- ton, $860,000. Portsmouth Naval Shipyard, Kittery, Maine, $13,880,000. Long Beach Naval Smpyard, Long Beach, California, $4,400,000. Naval Ordnance Station, Louisville, Kentucky, $2,050,000. Naval Supply Center, Norfolk, Virginia, $13,150,000. Navy Public Works Center, Norfolk, Virginia, $1,560,000. Naval Supply Center, Oakland, California, $4,600,000. Navy Public Works Center, Pearl Harbor, Hawaii, $5,783,000. Naval Air Rework Facility, Pensacola, Florida, $1,550,000. Philadelphia Naval Shipyard, Philadelphia, Pennsylvania, $10,710,000. Pacific Missile Test Center, Point Mugu, California, $8,750,000. Norfolk Naval Shipyard, Portsmouth, Virginia, $11,500,000. Naval Supply Center, San Diego, California, $2,900,000. Navy Public Works Center, San Diego, California, $670,000. Mare Island Naval Shipyard, Vallejo, California, $7,100,000. NAVAL TELECOMMUNICATIONS COMMAND Naval Communications Area Master Station Eastern Pacific, Honolulu, Hawau, $2,000,000. Naval Communications Area Master Station Atlantic, Norfolk, Virginia, $700,000. NAVAL SECURITY GROUP COMMAND Naval Security Group Activity, Winter Harbor, Maine, $1,150,000. OUTSIDE THE UNITED STATES COMMANDER IN CHIEF, UNITED STATES ATLANTIC FLEET Naval Facility, Brawdy, Wales, United Kingdom, $3,600,000. Naval Station, Keflavik, Iceland, $49,200,000. Naval Station, Roosevelt Roads, Puerto Rico, $10,500,000.
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1755 COMMANDER IN CHIEF, UNITED STATES PACIFIC FLEET Naval Air Facility, Atsugi, Japan, $1,000,000. Naval Support Facility, Diego Garcia, Indian Ocean, $108,177,000. Naval Station, Subic Bay, Republic of the Philippines, $780,000. NAVAL TELECOMMUNICATIONS COMMAND Naval Communications Area Master Station Western Pacific, Guam, Mariana Islands, $1,900,000. Naval Communication Station, Keflavik, Iceland, $3,600,000. EMERGENCY CONSTRUCTION SEC. 202. The Secretary of the Navy may establish or develop installations and facilities by proceeding with construction made necessary by changes in missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and develop- ment requirements, (4) improved production schedules, or (5) revi- sions 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 inconsist- ent 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 $20,000,000. The Secretary of the Navy, or the Secretary's designee, Notification to shall notify the Committees on Armed Services of the Senate and congressional House of Representatives, immediately upon reaching a final deci- committees. sion to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization shall expire on October 1, Expiration date. 1981, or on the date of the enactment of the Military Construction Authorization Act for fiscal year 1982, whichever is later, 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 $33,010,000. DUAL PURPOSE AIR TERMINAL, KEFLAVIK, ICELAND SEC. 204. (a) The Secretary of the Navy may contract for the construction of the Air Passenger Terminal in Keflavik, Iceland, in accordance with this section and any agreement which may be made between the Government of Iceland and the Government of the United States. Of the amount authorized in section 201 for the Naval Station, Keflavik, Iceland, no more than $20,000,000 may be contrib- uted by the United States as the United States share of the cost of such construction. (b) A contract for such construction may not be entered into until the Government of Iceland agrees (1) to provide to the Government of the United States funds equal to the difference between the amount
94 STAT. 1756 PUBLIC LAW 96-418—OCT. 10, 1980 required to complete the construction and the amount of the United States share authorized in subsection (a), and (2) to make those funds available, in advance of the time when pa5niients are due, in such amounts and at such times as may be required by the Government of the United States. NAVAL REGIONAL MEDICAL CENTER, SAN DIEGO, CALIFORNIA SEC. 205. None of the funds authorized to be appropriated for the construction of the Naval Regional Medical Center, San Diego, California, may be obligated or expended until— Report to (1) the Secretary of the Navy has submitted a report to the congressional Committees on Armed Services and on Appropriations of the committees. Senate and the House of Representatives which includes (A) an evaluation of the Balboa Park and Helix Heights areas as proposed sites for the construction of such medical center, (B) a statement of the Secretary's preference between the two sites, and (C) a statement justifying the Secretary's preference; and (2) a period of 30 calendar days has elapsed after the date on which such report is received by such committees. NAVAL WEAPONS CENTER, CHINA LAKE, CAUFORNIA SEC. 206. The Secretary of the Navy is authorized to acquire such lands or interests in lands as may be needed for two established low- level, high-speed aircraft corridors to serve the Naval Weapons Center at China Lake, California. The acquisition of such lands or interests may be made only by exchange, on an equal value basis, of excess land of the Naval Weapons Center, China Lake, California. TITLE 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 AIR FORCE LOGISTICS COMMAND Hill Air Force Base, Utah, $9,650,000. Kelly Air Force Base, Texas, $650,000. McClellan Air Force Base, California, $3,250,000. Robins Air Force Base, Georgia, $4,850,000. Tinker Air Force Base, Oklahoma, $11,870,000. Wright-Patterson Air Force Base, Ohio, $3,700,000. AIR FORCE SYSTEMS COMMAND Arnold Engineering Development Center, Tennessee, $11,500,000. Brooks Air Force Base, Texas, $4,200,000. Buckley Air National Guard Base, Colorado, $900,000. Cape Canaveral Air Force Station, Florida, $22,300,000. Edwards Air Force Base, California, $10,500,000.
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1757 Hanscom Air Force Base, Massachusetts, $7,200,000. Port Hueneme Naval Installation, California, $16,700,000. AIR TRAINING COMMAND Chanute Air Force Base, Illinois, $14,648,000. Keesler Air Force Base, Mississippi, $2,810,000. Lackland Air Force Base, Texas, $9,740,000. Laughlin Air Force Base, Texas, $1,100,000. Lowry Air Force Base, Colorado, $840,000. Mather Air Force Base, California, $860,000. Maxwell Air Force Base, Alabama, $11,184,000. Randolph Air Force Base, Texas, $7,850,000. Reese Air Force Base, Texas, $4,290,000. ALASKAN AIR COMMAND Eielson Air Force Base, Alaska, $5,190,000. Elmendorf Air Force Base, Alaska, $14,820,000. Galen Air Force Base, Alaska, $930,000. King Salmon Airport, Alaska, $1,000,000. Shemya Air Force Base, Alaska, $2,900,000. MILITARY AIRUFT COMMAND Andrews Air Force Base, Maryland, $3,140,000. Charleston Air Force Base, South Carolina, $1,740,000. Dover Air Force Base, Delaware, $4,500,000. Kirtland Air Force Base, New Mexico, $1,200,000. McChord Air Force Base, Washington, $5,500,000. Norton Air Force Base, California, $2,000,000. Pope Air Force Base, North Carolina, $9,250,000. Scott Air Force Base, Illinois, $4,000,000. Travis Air Force Base, California, $1,080,000. PACIFIC AIR FORCES Hickam Air Force Base, Hawaii, $580,000. STRATEGIC AIR COMMAND Barksdale Air Force Base, Louisiana, $3,200,000. Beale Air Force Base, California, $2,670,000. Blytheville Air Force Base, Arkansas, $6,141,000. Carswell Air Force Base, Texas, $13,920,000. Castle Air Force Base, California, $19,850,000. Dyess Air Force Base, Texas, $10,300,000. Ellsworth Air Force Base, South Dakota, $20,720,000. Fairchild Air Force Base, Washington, $22,860,000. Grand Forks Air Force Base, North Dakota, $22,650,000. Griffiss Air Force Base, New York, $14,850,000. K. I. Sawyer Air Force Base, Michigan, $3,700,000. Loring Air Force Base, Maine, $11,800,000. Malmstrom Air Force Base, Montana, $750,000. McConnell Air Force Base, Kansas, $4,040,000. Minot Air Force Base, North Dakota, $2,570,000. Offutt Air Force Base, Nebraska, $5,360,000. Pease Air Force Base, New Hampshire, $10,500,000. Peterson Air Force Base, Colorado, $600,000.
94 STAT. 1758 PUBLIC LAW 96-418—OCT. 10, 1980 Rickenbacker Air Force Base, Indiana, $6,300,000. Vandenberg Air Force Base, California, $75,300,000. Whiteman Air Force Base, Missouri, $990,000. Wurtsmith Air Force Base, Michigan, $34,970,000. TACTICAL AIR COMMAND Bergstrom Air Force Base, Texas, $1,910,000. Davis Monthan Air Force Base, Arizona, $3,200,000. George Air Force Base, California, $640,000. Holloman Air Force Base, New Mexico, $5,800,000. Homestead Air Force Base, Florida, $670,000. Langley Air Force Base, Virginia, $3,892,000. Luke Air Force Base, Arizona, $2,650,000. MacDill Air Force Base, Florida, $1,160,000. Moody Air Force Base, Georgia, $1,470,000. Myrtle Beach Air Force Base, South Carolina, $780,000. Nellis Air Force Base, Nevada, $6,250,000. Shaw Air Force Base, South Carolina, $3,800,000. Tyndall Air Force Base, Florida, $2,300,000. OUTSIDE THE UNITED STATES MIUTARY AIRLIFT COMMAND Lajes Field, Portugal, $22,300,000. PACIFIC AIR FORCES Camp Zama, Japan, $1,100,000. Clark Air Base, Republic of the Philippines, $13,050,000. Kadena Air Base, Japan, $10,280,000. Kunsan Air Base, Korea, $4,400,000. Kwang-Ju Air Base, Korea, $5,900,000. Misawa Air Base, Japan, $1,930,000. Naval Support Facility, Diego Garcia, Indian Ocean, $23,700,000. Osan Air Base, Korea, $16,800,000. Taegu Air Base, Korea, $8,350,000. UNITED STATES AIR FORCES IN EUROPE Various Locations, United Kingdom, $2,200,000. Various Locations, $34,477,000. EMERGENCY CONSTRUCTION SEC. 302. The Secretary of the Air Force may establish or develop installations and facilities by proceeding with construction made necessary by changes in missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and develop- ment requirements, (4) improved production schedules, or (5) revi- sions 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 inconsist- ent 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,
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1759 appurtenances, utilities, and equipment in the total amount of $20,000,000. The Secretary of the Air Force, or the Secretary's Notification to congressional designee, shall notify the Committees on Armed Services of the committees. Senate and House 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 thereto. This authorization shall expire on Octo- Expiration date. ber 1,1981, or on the date of the enactment of the Military Construc- tion Authorization Act for fiscal year 1982, whichever is later, 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. 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 $24,870,000. INSTALLATION OF ALARM SYSTEM AT TITAN II MISSILE SITES SEC. 304. The Secretary of the Air Force shall acquire and install, out of funds appropriated pursuant to section 303, an appropriate warning system at each Titan II missile site which has in its near vicinity a significant size population. TITLE IV—DEFENSE AGENCIES AUTHORIZED CONSTRUCTION PROJECTS FOR THE DEFENSE AGENCIES SEC. 401. The Secretary of Defense 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 defense agencies for the following acquisition or construction: INSIDE THE UNITED STATES DEFENSE INTELLIGENCE AGENCY Boiling Air Force Base, District of Columbia, $32,700,000. DEFENSE LOGISTICS AGENCY Defense Electronics Supply Center, Dayton, Ohio, $730,000. Defense Fuel Support Point, Norwalk, California, $2,000,000. Defense Fuel Support Point, Searsport, Maine, $3,000,000. Defense Personnel Support Center, Philadelphia, Pennsylvania, $750,000. Defense Storage Facility, Bayonne, New Jersey, $1,450,000. DEFENSE MAPPING AGENCY Hydrographic/Topographic Center, Brookmont, Maryland, $1,500,000. • 79-194 O-81-pt. 2 3 1 : QL3
94 STAT. 1760 PUBLIC LAW 96-418—OCT. 10, 1980 NATIONAL SECURITY AGENCY Fort George G. Meade, Maryland, $5,065,000. Kunia, Oahu, Hawaii, $2,700,000. OFFICE OF THE SECRETARY OF DEFENSE Classified Activity, Fort Belvoir, Virginia, $16,500,000. OUTSIDE THE UNITED STATES DEFENSE L O G I S T I C S AGENCY Defense Property Disposal Office, Bitburg, Germany, $1,350,000. NATIONAL SECURITY AGENCY Classified Location, $674,000. OFFICE OF THE SECRETARY OF DEFENSE CLASSIFIED L O C A T I O N Classified Activity, $3,500,000. DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS Aschaffenburg, Grermany, $1,110,000. Baumholder, Wetzel Housing Area, Grermany, $3,065,000. Bermuda, Naval Air Station, $2,580,000. Clark Air Base, Republic of the Philippines, $1,650,000. Iwakuni, Marine Corps Air Station, Japan, $6,060,000. Osan Air Base, Korea, $1,900,000. Pruem Air Station, Grermany, $1,150,000. Sagamihara, Japan, $3,220,000. Seoul, Yongsan Garrison, Korea, $4,500,000. Taegu, Korea, $4,100,000. Wiesbaden, Germany, $10,176,000. Yokota Air Base West, Japan, $7,500,000. EMERGENCY CONSTRUCTION SEC. 402. The Secretary of Defense may establish or develop installations and facilities which he determines to be vital to the security of the United States and, in connection therewith, may acquire, construct, convert, rehabUitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of Notification to $15,000,000. The Secretary of Defense, or the Secretary's designee, '^"nf^lttees^^ shall notify the Committees on Armed Services of the Senate and ommi es. House of Representatives, immediately upon reaching a final deci- sion to implement, of the cost of construction of any public work undertaken under this section, including real estate actions pertain- ing thereto.
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1761 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 $3,680,000. NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE SEC. 404. (aXD The Secretary of Defense, acting on behalf of the United States, may participate in the five-year slice group plan for 1980 through 1984 to implement the North Atlantic Treaty Organiza- tion Infrgistructure program. The Secretary may participate in such five-year slice group plan, heretofore Eigreed to by member nations of the North Atlantic Treaty Organization, only to the extent that the United States share under such plan does not exceed 27.42 percent of the total amount of the commitments made by all member nations under such plan. (2) No funds may be obligated or expended in connection with the North Atlantic Treaty Organization Infrastructure program in any year unless such funds have been authorized by law for such program for such year. 0)) The Secretary of Defense is authorized to incur obligations in amounts not to exceed $300,000,000 for the United States share of the cost of multilateral programs for the acquisition or construction of military facilities and installations (including military headquarters) for the collective defense of the North Atlantic Treaty Area. (c) Within thirty days after the end of each calendar year quarter, Notification to the Secretary of Defense shall furnish to the Committees on Armed congressional Services and on Appropriations of the Senate and House of Repre- committees. sentatives a description of all obligations incurred by the United States during the preceding quarter to meet the United States share of the cost of the multilateral programs for which the Secretary of Defense is authorized to incur obligations. SPECIAL CONTINGENCY FACIUTIES CONSTRUCTION FUNDS SEC. 405. (a) There is authorized to be appropriated to the Secretary Appropriation of Defense the sum of $150,000,000 for the construction of contingency authorization. facilities to support the national security interests of the United States in strategic areeis of the world, including the Middle East and Indian Ocean areas. (b) None of the funds appropriated pursuant to subsection (a) may be obligated or expended for the construction of any facility until (1) the United States and the country which exercises sovereignty over the land on which the facility is to be constructed have entered into a formal agreement which guarantees the United States access to and use of such facility during the term of the agreement, and (2) a copy of such agreement has been transmitted to the Congress. (c) None of the funds appropriated pursuant to subsection (a) may be obligated or expended for such construction if such construction is authorized under the terms of a renegotiated, amended, or extended agreement, previously entered into by the United States with any other country, until after a copy of the renegotiated, amended, or extended agreement has been transmitted to the Congress. (d) On each separate occasion that the Secretary of Defense plans to obligate any part of the funds appropriated pursuant to subsection (a), he shall—
94 STAT. 1762 PUBLIC LAW 96-418—OCT. 10, 1980 Report to (1) transmit to the appropriate committees of the Congress a congressional written report stating the purpose for which the funds are to be committees. obligated and the amount proposed to be obligated for such purpose; and (2) withhold such amount from obligation for such purpose for a period of thirty days following the day on which such report is received by such committees. Contents. Each report transmitted under this subsection shall include (A) a detailed accounting of funds appropriated pursuant to subsection (a) that have been previously obligated, (B) a detailed accounting of funds planned for obligation, and (C) a statement of the purposes and the estimated amounts for which any unobligated balance of such funds are to be used (excluding the amount for which an explanation under clause (B) is included). (e) None of the funds appropriated pursuant to subsection (a) may be obligated or expended to carry out any contract for the construc- tion of any contingency facility referred to in such subsection unless such contract requires that (1) all construction materials (except cement, cement products, and aggregates) used in the construction of such facility under such contract will be materials produced, manu- factured, or refined in the United States, and (2) materials will be transported on United States flagships from the United States to the country in which the contingency facility is to be located. (f) The provisions of subsections (c) and (e) of this section shall apply with respect to funds appropriated pursuant to sections 201 and 301 for the construction of a naval support facility at Diego Garcia. DEFENSE INTELLIGENCE AGENCY BUILDING STUDY SEC. 406. (a) None of the funds authorized to be appropriated in this title for the construction of a new facility at Boiling Air Force Base, Washington, District of Columbia, for the Defense Intelligence Agency may be obligated or expended until— Study. (1) the Secretary of Defense has conducted a study to examine alternatives to the facility currently planned for construction at Boiling Air Force Base; Report to (2) the Secretary of Defense has submitted the results of such congressional study to the appropriate committees of the Congress together committees. with his decision regarding the location and scope of the facility to be constructed for the Defense Intelligence Agency; and (3) a period of thirty calendar days has elapsed after the date on which such study is received by such committees. Ot)) The study conducted pursuant to subsection (a)(1) shall, as a minimum— (1) examine alternatives in project scope for the proposed facility referred to in subsection (a) which could result in reduced requirements for new construction; (2) examine alternative sites for the construction of such facility taking into account available lands and facilities as well as land and facilities that could be made available by consolida- tions; and (3) provide detailed costs and operational efficiency compari- sons of the alternatives considered. (c) The study conducted pursuant to subsection (a)(1) shall be submitted to the appropriate committees of the Congress not later than ninety days after the date of the enactment of this Act.
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1763 TITLE V—MILITARY FAMILY HOUSING AUTHORIZATION TO CONSTRUCT OR ACQUIRE HOUSING SEC. 501. (a) The Secretary of Defense, or the Secretary's designee, is authorized to construct or acquire sole interest in existing family housing units in the numbers and at the locations hereinafter named, but no family housing construction shall be commenced at any such location in the United States until the Secretary shall have consulted with the Secretary of Housing and Urban Development as to the availability of suitable private housing at such location. If agreement Notification to cannot be reached with respect to the availability of suitable private ^°^^^^fi°^^^ committees. housing at any location, the Secretary of Defense shall notify the """""' Committees on Armed Services of the Senate and House of Repre- sentatives, in writing, of such difference of opinion, and no contract for construction 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. Qa) With respect to the family housing units authorized to be constructed 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 the Secretary, or the Secretary's 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 acquisi- tion of such units is hereafter specifically authorized by law. (c) Family housing units: Marine Corps Air Station, Yuma, Arizona, one hundred thirty- two units, $8,050,000. Defense Housing Complex, South Bay, San Francisco, Califor- nia, two hundred seventy units, $19,045,000. Marine Corps Air Station, El Toro, California, three hundred units, $17,483,000. Fort Ord, California, five hundred units, $30,808,000. Naval Complex, New London, Connecticut, four hundred units, $24,608,000. Fort Stewart, Georgia, two hundred units, $9,716,000. Fort Polk, Louisiana, two hundred units, $11,173,000. Naval Air Station, Brunswick, Maine, sixty-two units, $3,956,000. Naval Complex, Norfolk, Virginia, two hundred and thirty-two units, $12,093,000. Lajes Field, Azores, one hundred and fifty units, $9,768,000. Incirlik Air Base, Turkey, two hundred units, $11,723,000. Classified location overseas, five units, $468,000. (d) The amounts specified in this section may, at the discretion of the Secretary of Defense, or the Secretary's 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
94 STAT. 1764 PUBLIC LAW 96-418—OCT. 10, 1980 submitted to the Congress. The amounts authorized include the costs of shades, screens, ranges, refrigerators, and all other installed equipment and fixtures, the cost of the family housing unit, supervi- sion, inspection, overhead, land acquisition, site preparation, installa- tion of utilities, and solar energy systems. IMPROVEMENT OF EXISTING QUARTERS SEC. 502. (a) The Secretary of Defense, or the Secretary's 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, $42,436,000, of which $27,150,000 shall be available only for energy conservation projects; (2) for the Department of the Navy, $13,562,000, of which $2,819,000 shall be available only for energy conservation projects; (3) for the Department of the Air Force, $52,819,000, of which $17,000,000 shall be available only for energy conservation projects; and (4) for the Defense Agencies, $23,000. 42 u s e 1594h-2. Ob) The first sentence of section 610(a) of the Military Construction Authorization Act, 1968 (Public Law 90-110, 81 Stat. 305) is amended Improvement to read as follows: "None of the funds authorized by this or any other costs, limitation. Act may be expended for the improvement of any single family housing unit, or for the improvement of two or more housing units when such units are to be converted into or used as a single family housing unit, if the total cost of such improvements exceeds $20,000, adjusted by the area construction cost index (as developed by the Department of Defense) for the location at the time of contract award. The total cost of any such improvement shall include all repair costs undertaken as part of the improvement project and all costs in connection with (1) the furnishing of electricity, gas, water, and sewage disposal, (2) the construction or repair of roads and walks, and (3) any grading and drainage work.". (c) The Secretary of Defense, or the Secretary's designee, within the amounts specified in subsection (a), is authorized to accomplish repairs and improvements to existing family housing in amounts in excess of the dollar limitation prescribed in section 610(a) of the Military Construction Authorization Act, 1968 (42 U.S.C. 1594h-2), as follows: Redstone Arsenal, Alabama, forty units, $891,000. Navy Public Works Center, Pearl Harbor, Hawaii, one hun- dred and forty-six units, $5,468,000. Fort Knox, Kentucky, one hundred units, $2,592,000. Loring Air Force Base, Maine, five hundred and sixty-five units, $12,723,600. Kirtland Air Force Base, New Mexico, one hundred and twenty-five units, $2,458,100. Marine Corps Development and Education Command, Quan- tico, Virginia, fifty-two units, $1,910,000. Warren Air Force Base, Wyoming, one hundred and sixty-two units, $3,150,000. Hahn Air Base, Federal Republic of Germany, twenty-eight units, $980,000. Ramstein Air Base (Vogelweh and Landstuhl), Federal Repub- lic of Germany, twenty units, $993,000.
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1765 Yokota Air Base, Japan, two hundred and sixty-eight units, $9,054,800. ADVANCE PLANNING AND DESIGN SEC. 503. The Secretary of Defense, or the Secretary's designee, may carry out advance planning and construction design and may obtain architectural and engineering services in connection with any family housing construction, including improvements, authorized or not otherwise authorized by law at a total cost of not to exceed— (1) for the Department of the Army, $3,993,000; (2) for the Department of the Navy, $2,994,000; (3) for the Department of the Air Force, $1,380,000; and (4) for the Defense agencies, $2,000. LEASING OF FAMILY HOUSING SEC. 504. (a) Subsection (c) of section 2686 of title 10, United States Code, relating to leases for military family housing in the United States, is amended to read as follows: "(c)(1) Except as provided in paragraph (2), expenditures for the rental of such housing facilities (including the cost of utilities, maintenemce, and operation) may not exceed $515 per month for any unit. "(2) The Secretary of Defense may lease not more than five hundred housing units under this section for which the expenditure for the rental of such facilities (including the cost of utilities, maintenance, and operation) exceeds $515 per month but does not exceed $600 per month.". (b) The first sentence of section 2675(d)(1) of such title, relating to Cost limitation. leases in foreign countries, is amended to read as follows: "Expendi- 10 u s e 2675. tures for the rental of family housing in foreign countries (including the cost of utilities and maintenance and operation) may not exceed $1,115 per month for any unit.". SETTLEMENT OF CONTRACTOR CLAIMS ON MILITARY FAMILY HOUSING SEC. 505. Notwithstanding any other provision of law, if the Report to proposed settlement of any contractor claim or claims arising out of congressional committees. the construction of new or improvement of existing family housing 42 u s e 1594h-3. would cause authorized cost limitations on the construction or improvement of family housing to be exceeded, the Secretarjr of Defense may proceed with the settlement of such claim or claims after (1) he has submitted a report regarding such claim or claims, including the amount of the proposed settlement, to the Committees on Armed Services of the Senate and House of Representatives, and (2) a period of thirty days has elapsed after the date of submission of such report to such committees. OCCUPANT UABILITY FOR DAMAGES TO FAMILY HOUSING SEC. 506. (a) Chapter 165 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§2775. Liability of member for damages to family housing, lo use 2775. equipment, and furnishings "(a) A member of the armed forces shall be liable to the United States for damage to any family housing unit, or damage to or loss of any equipment or furnishing of any family housing unit, assigned to
94 STAT. 1766 PUBLIC LAW 96-418—OCT. 10, 1980 or provided such member if it is determined, under regulations issued by the Secretary of Defense, that such damage or loss was caused by the abuse or negligence of such member or a dependent of such member. "(b)(1) The Secretary concerned may deduct from a member's pay an amount sufficient to pay for the cost of the repairs or replacements made necessary as the result of any abuse or negligence referred to in subsection (a) on the part of such member or any dependent of such member. "(2) The final determination of an amount to be deducted from the pay of an officer of an armed force in accordance with regulations issued under this section shall be deemed to be a special order authorizing such deduction for the purposes of section 1007 of title 37. "(c) Amounts deducted from members* pay under this section shall be credited to the Department of Defense family housing manage- ment account established under section 501 of Public Law 87-554 (76 Stat, 236; 42 U.S.C. 1594a-l) and shall be available for use for the same purposes and under the same circumstances as other funds in such account. Regulations. "(d) The Secretary of Defense shall issue regulations to carry out the provisions of this section, including regulations for determining the cost of repairs or replacements made necessary as the result of abuse or negligence on the part of a member or dependent of a member.". (b) The table of sections at the beginning of chapter 165 of such title is amended by adding at the end thereof the following new item: "2775. Liabilitj^ of member for damages to family housing, equipment, and furnishings.". INCREASED AUTHORIZATION FOR CONSTRUCTION, OAHU, HAWAII SEC. 507. Notwithstanding the limitations on costs contained in sections 501(a) and 502 of the Military Construction Authorization Act, 1974 (Public Law 93-166; 87 Stat. 673) and sections 501(a) and 502 of the Military Construction Authorization Act, 1975 (Public Law 93-552; 88 Stat. 1757,1758), the Secretary of Defense is authorized to complete construction of two thousand six hundred family housing units in support of Department of Defense requirements in Oahu, Hawaii, at a total cost of not to exceed $117,150,000. DEFICIENCY AUTHORIZATION FOR NEW CONSTRUCTION SEC. 508. (a) Section 501(c) of the Military Construction Authoriza- tion Act, 1979 (Public Law 95-356; 92 Stat. 577), is amended— (1) by striking out "$1,509,000" in the item relating to the Naval Facility, Centerville Beach, California, and inserting in lieu thereof "$2,030,000"; and (2) by striking out "$4,307,000" in the item relating to the Marine Corps Base, Twentynine Palms, California, and inserting in lieu thereof "$6,069,000". Ot))(l) Section 505(1) of such Act is amended by striking out "$139,105,000" and inserting in Ueu thereof "$140,867,000". (2) Section 602(5) of such Act is amended by striking out "$1,701,605,000" and inserting in lieu thereof "$1,703,367,000".
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1767 REPEAL OF PROVISIONS RELATING TO ENERGY CONSUMPTION METERING DEVICES AND EXCESS ENERGY CONSUMPTION CHARGES SEC. 509, Sections 506 and 507 of the Military Construction Author- Repeal. ization Act, 1978 (Public Law 95-82; 91 Stat. 372), are repealed. 10 u s e 4593 note. AUTHORIZATION OF APPROPRIATIONS SEC. 510. (a) There is authorized to be appropriated for fiscal year 1981 for use by the Secretary of Defense, or the Secretary's designee, for military family housing as authorized by law for the following purpose: (1) For construction of, or acquisition of sole interest in, family housing, including minor construction, improvements to public quarters, relocation of family housing, and planning, an amount not to exceed $276,100,000. (2) For support of military family housing, including operating expenses, leasing, maintenance of real property, payments of principal and interest on mortgage debts incurred, payment to the Commodity Credit Corporation, and mortgage insurance premiums authorized under section 222 of the National Housing Act (12 U.S.C. 1715), an amount not to exceed $1,880,760,000, of 12 u s e 1715m. which not more than $25,000,000 may be obligated or expended for the leasing of military family housing in the United States, the Commonwealth of Puerto Rico, and Guam, and of which not more than $95,000,000 may be obligated or expended for the leasing of military/ family housing in foreign countries. (b) The amounts authorized to be appropriated in subsection (a)(2) may be increased to the extent additional funds are necessary for increased pay costs associated with actions taken pursuant to law. FAMILY HOUSING MANAGEMENT ACCOUNT SEC. 511. Subsection (b) of section 501 of Public Law 87-554 (42 U.S.C. 1594a-l) is amended to read as follows: "(b) The management account shall be administered by the Secre- tary of Defense as a single account. There shall be transferred into such account (1) appropriations made to the Department of Defense for the purpose of, or which are available for, the payment of costs arising in connection with the construction, acquisition, leasing, relocation, operating and maintenance, and disposal of family hous- ing, including the cost of principal and interest charges, and insur- ance premiums, arising in connection with the acquisition of such housing, and mortgage insurance premiums payable under section 222(c) of the National Housing Act (12 U.S.C. 1715m(c)), (2) proceeds from the rental of family housing and mobile home facilities under the control of the Department of Defense, reimbursements from occupants of such facilities for services rendered (including utility costs), funds obtained from individuals as a result of losses, damages, or destruction to such facilities caused by the abuse or negligence of such individuals, and reimbursements from other Government agen- cies for expenditures from the management account, and (3) notwith- standing any other provision of law, proceeds of the handling and the disposal of family housing of the Department of Defense, including related land and improvements, whether effected by the Department of Defense or any other Federal agency, but less those expenses payable pursuant to section 204(b) of the Federal Property and
94 STAT. 1768 PUBLIC LAW 96-418—OCT. 10, 1980 Administrative Services Act of 1949 (40 U.S.C. 485(b)), to remain available until expended/'. TITLE 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 without regard to section 3648 of the Revised Statutes (31 U.S.C. 529) and sections 4774 and 9774 of title 10, United States Code. The authority to place permanent or temporar3f improvements 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 (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 Govern- ment-owned land, or otherwise. AUTHORIZATION OF APPROPRIATIONS SEC. 602. There are authorized to be appropriated for fiscal years beginning after September 30,1980, such sums as may be necessary for the purposes of this Act, but appropriations for public worl^ projects authorized by titles I, II, III, and IV shall not exceed— (1) for title I: inside the United States $586,800,000; outside the United States $248,140,000; minor construction $44,560,000; for a total of $879,500,000. (2) for title II: inside the United States $777,925,000; outside the United States $178,757,000; minor construction $33,010,000; for a total of $989,692,000. (3) for title III: inside the United States $546,985,000; outside the United States $144,487,000; minor construction $24,870,000; for a total of $716,342,000. (4) for title IV: a total of $587,610,000, including $3,680,000 for minor construction. COST VARIATIONS SEC. 603. (a) OVERALL TFTLE TOTAL LIMFTATION.—Notwithstanding the provisions of subsections (b), (c), (d), and (g), the total cost of all construction and acquisition in each of titles I, II, III, and FV 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), any of the amounts specified in titles I, II, HI, and IV of this Act (other than in sections 103,203,303, and 403) may, at the discretion of the Secretary of the military department or Director of the defense agency con- cerned, be increased by 5 per centum when inside the United States (other than Alaska or Hawaii), and by 10 per centum when outside the United States or in Alaska or Hawaii, if the Secretary of the military department or Director of the defense agency concerned determines that such increase (1) is required for the sole purpose of meeting unusual variations in cost, and (2) could not have been
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1769 reasonably anticipated at the time such estimate was submitted to the Congress. (c) VARIATIONS IN INSTALLATION TOTALS—ONLY ONE PROJECT AT AN INSTALLATION.—When the amount named for any construction or acquisition in title I, II, III, or IV of this Act involves only one project at any military installation and the Secretary of the military depart- ment or Director of the defense agency concerned determines that the amount authorized must be increased by more than the applica- ble percentage prescribed in subsection (b), the Secretary of the military department or Director of the defense agency concerned may proceed with such construction or acquisition if the amount of the increase does not exceed by more than 25 per centum the amount named for such project by the Congress. (d) VARIATIONS IN INSTALLATION TOTALS—REPORTS BY THE SECRE- TARY OF DEFENSE.—When the Secretary of Defense determines that any amount named in title I, II, III, or IV of this Act must be exceeded by more than the percentages permitted in subsections (b) and (c) to accomplish authorized construction or acquisition, the Secretary of the military department or Director of the defense agency concerned may proceed with such construction or acquisition after a written report of the facts relating to the increase of such amount, including a statement of the reasons for such increase, has been submitted to the Committees on Armed Services of the Senate and House of Repre- sentatives, and either (1) thirty days have elapsed after the date of submission of such report, or (2) both committees have indicated approval of such construction or acquisition. Notwithstanding the provisions in prior Military Construction Authorization Acts, the provisions of this subsection shall apply to such prior Acts. (e) COST AND SCOPE VARIATIONS OF INDIVIDUAL PROJECTS; REPORTS TO CONGRESS.—No individual project authorized under title I, II, III, or IV of this Act for any specifically listed military installation for which the current working estimate is greater than the statutory upper limit for minor construction projects, may be placed under contract if— (1) the approved scope of the project is reduced in excess of 25 per centum; or (2) the current working estimate, based upon bids received, for the construction of such project exceeds by more than 25 per centum the amount authorized for such project by the Congress; until a written report of the facts relating to the reduced scope or increased cost of such project, including a statement of the reasons for reduction in scope or increase in cost, has been submitted to the Committees on Armed Services of the Senate and House of Repre- sentatives, and either thirty days have elapsed after the date of submission of such report, or both committees have indicated approval of such reduction in scope or increase in cost, as the case may be. (f) ANNUAL REPORT TO CONGRESS.—The Secretary of Defense, or the Secretary's designee, shall submit an annual report to the Congress identifying each individual project (other than a project authorized under section 103, 203, 303, or 403) which has been placed under contract in the preceding twelve-month period and with respect to which the then current working estimate of the Department of Defense, based upon bids received, for such project exceeded the amount authorized by the Congress for that project by more than 25 per centum. The Secretary shall also include in such report each individual project with respect to which the scope was reduced by more than 25 per centum in order to permit contract award within
94 STAT. 1770 PUBLIC LAW 96-418—OCT. 10, 1980 the available authorization for such project. Such report shall include all pertinent cost information for each individual project, including the amount in dollars and percentage by which the current working estimate based on the contract price for the project exceeded the amount authorized for such project by the Congress. (g) COST AND FLOOR AREA VARIATIONS—SOLAR ENERGY.—The Sec- retary of Defense shall encourage the 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. In order to equip any project authorized by this Act with solar heating equipment, solar cooling equipment, or both solar heating and solar cooling equipment, the Secretary of Defense may authorize increeises 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 Act shall be in addition to any other increase in such cost or variation in floor area limitations authorized by this or any other Act. CONSTRUCTION SUPERVISION SEC. 604. Contracts for construction made by the United States for performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, the Naval Facilities Engineering Command, Department of the Navy, or such other department or Government agency as the Secretaries of the military departments recommend and the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective accomplish- ment of the construction herein authorized. The Secretaries of the military departments shall report annually to the President of the Senate and Speaker of the House of Representatives a breakdown of the dollar value of construction contracts completed by each of the several construction agencies selected together with the design, construction supervision, and overhead fees charged by each of the several agents in the execution of the assigned construction. Further, 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, cus- toms, and practice) shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with 10 use 2301 chapter 137 of title 10, United States Code. The Secretaries of the et seq. military departments shall report annually to the President of the Senate and Spesiker of the House of Representatives with respect to all contracts awarded on other than a 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 OF PRIOR YEAR AUTHORIZATIONS: EXCEPTIONS SEC. 605. (a) As of October 1, 1981, or the date of the enactment of Ante, p. 1749. the Military Construction Authorization Act for fiscal year 1982, whichever is later, all authorizations for military public works, including family housing, to be accomplished by the Secretary of a
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1771 military department in connection with the establishment or devel- opment of installations and facilities, and all authorizations for appropriations therefor, that are contained in titles I, II, III, IV, and V of the Military Construction Authorization Act, 1980 (Public Law 96-125; 93 Stat. 928), and all such authorizations contained in Acts llp^L^^^k^^^' approved before November 26,1979, 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 pajnnents to the North Atlantic Treaty Organization, in whole or in part, before October 1, 1981, or the date of the enactment of the Military Construction Authoriza- tion Act for fiscal year 1982, whichever is later, and authoriza- tions for appropriations therefor. G)) Notwithstanding the repeal provisions of subsection (a) of this section and section 605 of the Military Construction Authorization Act, 1980 (Public Law 96-125; 93 Stat. 944), authorizations for the following items authorized in section 101 of the Military Construction Authorization Act, 1979 (Public Law 95-356; 92 Stat. 565) shall remain in effect until October 1,1982, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1983, whichever is later: (1) Energy Control System construction in the amount of $3,300,000 at Fort Jackson, South Carolina. (2) Regional Sewage Treatment Plant Upgrade construction in the amount of $1,209,000 at Fort Bliss, Texas. (3) Regional Sewage Treatment Plant Upgrade construction in the amount of $550,000 at Fort Monroe, Virginia. (4) Barracks with Dining construction in the amount of $4,603,000 at Fulda, Germany. (5) Improvements to Heating System in the amount of $394,000 at Kansas Army Ammunition Plant, Kansas. (6) Energy Control System in the amount of $1,372,000 at Fitzsimmons Army Medical Center, Colorado. (7) Hospital addition, alteration, and upgrade in the amount of $30,283,000 at 2d General Hospital, Landstuhl, Germany. (8) Facilities Modernization in the amount of $1,782,000 at Christensen Barracks, Bindlach, Germany. (9) Facilities Modernization in the amount of $7,731,000 at Ferris Barracks, Erlangen, Germany. (10) Barracks without dining facilities in the amount of $2,299,000 at Conn Barracks, Schweinfurt, Germany. (11) Small Arms Maintenance and Storage Facility in the amount of $3,645,000 at Fort Benning, Georgia. (12) Cargo Handling Training Facility in the amount of $3,666,000 at Fort Eustis, Virginia. (13) Petroleum Storage Facilities in the amount of $2,437,000 at Fort Leonard Wood, Missouri. (14) Tactical Equipment Shop and Facilities in the amount of $2,272,000 at Fort Polk, Louisiana. (15) Contaminated Waste Incinerator construction in the amount of $620,000 at Kansas Army Ammunition Plant, Kansas. (16) Contaminated Waste Incinerator Plant construction in the amount of $501,000 at Iowa Army Ammunition Plant, Iowa.
94 STAT. 1772 PUBLIC LAW 96-418—OCT. 10, 1980 (17) Contaminated Waste Incinerator construction in the amount of $637,000 at Milan Army Ammunition Plant, Ten- nessee. (18) Contaminated Waste Incinerator construction in the amount of $518,000 at Sunflower Army Ammunition Plant, Kansas. (19) Tactical Equipment Shop and Facilities in the amount of $1,037,000 at Wildflecken Training Area, Germany. (20) Facilities Modernization in the amount of $7,000,000 at Mannheim, Germany. (21) Facilities Modernization in the amount of $14,000,000 at Baumholder, Germany. (22) Flight Simulator Building in the amount of $1,739,000 at Mannheim, Germany. (23) Explosive Waste Incinerator construction in the amount of $763,000 at Sunflower Army Ammunition Plant, Kansas. (24) Missile Maintenance Facility in the amount of $863,000 at Fort Polk, Louisiana. (c) Notwithstanding the repeal provisions of subsection (a) of this section and section 605 of the Military Construction Authorization Act, 1980 (Public Law 96-125; 93 Stat. 944), authorizations for the following items authorized in section 201 of the Military Construction Authorization Act, 1979 (Public Law 95-356; 92 Stat. 567) shall remain in effect until October 1,1982, or the date of the enactment of the Military Construction Authorization Act for flscal year 1983, whichever is later: (1) Energy Monitoring and Control System in the amount of $765,000 at the Naval Air Station, Jacksonville, Florida. (2) Municipal Sewer Connection construction in the amount of $2,500,000 at the Naval Education and Training Center, New- port, Rhode Island. (d) Notwithstanding the repeal provisions of subsection (a) of this section and section 605 of the Military Construction Authorization Act, 1980 (Public Law 96-125; 93 Stat. 944), authorizations for the following items authorized in section 301 of the Military Construction Authorization Act, 1979 (Public Law 95-356; 92 Stat. 572) shall remain in effect until October 1,1982, or the date of the enactment of the Military Construction Authorization Act for flscal year 1983, whichever is later: (1) Space Transportation System airfield facilities in the amount of $32,100,000 at Vandenberg Air Force Base, California. (2) Energy—Alter Lighting System in the amount of $850,000 at Hill Air Force Base, Utah. (3) Energy Monitoring and Control System in the amount of $3,300,000 at Kelly Air Force Base, Texas. (4) Fire Station in the amount of $1,031,000 at Tinker Air Force Base, Oklahoma. ^ (5) Energy—Alter Mechanical, Electrical and Structural Sys- tems in the amount of $1,120,000 at Wright-Patterson Air Force Base, Ohio. (6) Energy Monitoring and Control System in the amount of $3,350,000 at Wright-Patterson Air Force Base, Ohio. (7) Propulsion Wind Tunnel—16T High Angle Automatic Sting in the amount of $2,710,000 at Arnold Engineering Development Center, Tennessee. (8) Energy Monitoring and Control System in the amount of $2,750,000 at Edwards Air Force Base, California.
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1773 (9) Insulate Heating and Cooling Controls and Insulate Build- ings in the amount of $650,000 at Edwards Air Force Base, California. (10) Chapel Center in the amount of $1,190,000 at Eglin Air Force Base, Florida. (11) Energy Monitoring and Control System in the amount of $2,000,000 at Hanscom Air Force Base, Massachusetts. (12) Aircraft Corrosion Control Facility in the amount of $7,310,000 at Dover Air Force Base, Delaware. (13) Chapel Center in the amount of $1,240,000 at Castle Air Force Base, California. (14) Energy Monitoring and Control System in the amount of $610,000 at Grand Forks Air Force Base, North Dakota. (15) Air Installation Compatible Use Zone in the amount of $314,000 at Grissom Air Force Base, Indiana. (16) Air Installation Compatible Use Zone in the amount of $357,000 at March Air Force Base, California. (17) Sewage Main Regional Connection in the amount of $946,000 at Rickenbacker Air Force Base, Ohio. (18) Energy Monitoring and Control System in the amount of $540,000 at HoUoman Air Force Base, New Mexico. (19) Energy Monitoring and Control System in the amount of $900,000 at Nellis Air Force Base, Nevada. (20) Add to and Alter Cadet Library in the amount of $4,000,000 at the United States Air Force Academy, Colorado. (21) Special Operation Facilities in the amount of $2,800,000 at Various Locations, Pacific Air Forces. (22) Telecommunications Facility in the amount of $6,515,000 at Various Locations (Ramstein Air Base), Germany. (e) Notwithstanding the repeal provisions of subsection (a) of this section and section 605 of the Military Construction Authorization Act, 1980 (Public Law 96-125; 93 Stat. 944), authorizations for the following items authorized in section 401 of the Military Construction Authorization Act, 1979 (Public Law 95-356; 92 Stat. 572) shall 92 Stat. 575. remain in effect until October 1,1982, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1983, whichever is later: (1) ADP and Communications Facility—Alteration of existing space in the amount of $1,573,000 at Defense Depot, Ogden, Utah. (2) Storage Facilities—Construction in the amount of $1,353,000 at Defense Property Disposal Office, Indianapolis, Indiana. (3) Covered Storage Facilities—Construction in the amount of $584,000 at Defense Property Disposal Office, Subic Bay, Repub- lic of the Philippines. (f) Notwithstanding the repeal provisions of subsection (a) of this section and section 605 of the Military Construction Authorization Act, 1980 (Public Law 96-125; 93 Stat. 944), authorization for the 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) shall remain in effect until October 1,1982, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1983, whichever is later.
94 STAT. 1774 PUBLIC LAW 96-418—OCT. 10, 1980 UNIT COST LIMITATIONS SEC. 606. None of the authority contained in titles I, II, III, 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 determined 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) $52 per square foot for permanent barracks; or (2) $56 per square foot for unaccompanied officer quarters; unless the Secretary of Defense, or the Secretary's designee, deter- mines that, because of special circumstances, application to such project of the limitations on unit cost contained in this section is impracticable. Notwithstanding the limitations contained in prior Military Construction Authorization Acts on units costs, the limita- tions 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 the enactment of this Act. AMENDMENT TO PRIOR AUTHORIZATION SEC. 607. (a) Section 301 of the Military Construction Authorization Act, 1979 (Public Law 95-356; 92 Stat. 572), is amended under the heading "INSIDE THE UNITED STATES" by striking out "$141,782,000" in the item relating to Vandenberg Air Force Base, California, under the subheading "STRATEGIC AIR COMMAND" and inserting in lieu thereof "$223,161,000". 92 Stat. 580. (b) Section 602(3) of such Act is amended by striking out "$423,059,000" and "$522,743,000" and inserting in lieu thereof "$504,438,000" and "$604,122,000", respectively. EFFECTIVE DATE FOR PROJECT AUTHORIZATIONS 10 use 2675 SEC. 608. Titles I, II, III, IV, and V shall take effect on October 1, note. i98o_ TITLE VII—GUARD AND RESERVE FORCES FACILITIES AUTHORIZATION FOR FACILITIES 10 use 2231 SEC. 701. Subject to chapter 133 of title 10, United States Code, the ^* ^^^ Secretary of Defense may establish or develop additional facilities for the Guard and Reserve Forces, including the acquisition of land therefor, 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, $36,000,000; and (B) for the Army Reserve, $42,225,000. (2) For the Department of the Navy: for the Naval and Marine Corps Reserves, $30,550,000. (3) For the Department of the Air Force— (A) for the Air National Guard of the United States, $73,500,000; and (B) for the Air Force Reserve, $17,725,000.
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1775 WAIVER OF CERTAIN RESTRICTIONS SEC. 702. The Secretary of Defense may establish or develop installations and facilities under this title without regard to section 3648 of the Revised Statutes (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 lands 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 (40 U.S.C. 255) and even though the land is held temporarily. The authority to acquire real estate or land includes authority to msike surveys and to acquire land and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. TITLE VIII—GENERAL PROVISIONS IMPACT ASSISTANCE FOR FISCAL YEAR 1981 FOR AREAS AFFECTED BY THE MX WEAPON SYSTEM AND THE EAST COAST TRIDENT BASE SEC. 801. During fiscal year 1981, the Secretary of Defense may utilize funds appropriated for planning and design purposes to provide community planning assistance as follows: (1) To assist communities near MX Weapon System sites, $5,000,000. (2) To assist communities near the East Coast Trident Base, $1,000,000. IMPACT ASSISTANCE FOR FISCAL YEARS AFTER FISCAL YEAR 1981 FOR AREAS AFFECTED BY THE MX WEAPON SYSTEM AND THE EAST COAST TRIDENT BASE SEC. 802. (a) The Secretary of Defense Oiereinafter in this section lo use 139 note. referred to as the "Secretary") is authorized to assist communities located near MX Weapon System sites, communities located near the East Coast Trident Base, and the States in which such communities are located in meeting the costs of providing increased municipal services and facilities to the residents of such communities, if the Secretary determines that there is an immediate and substantial increase in the need for such services and facilities in such communi- ties £is a direct result of work being carried out in connection v/ith the construction, installation, testing, and operation of the MX Weapon System or the East Coast Trident Base, as the C£ise may be, and that an unfair and excessive financial burden will be incurred by such communities, or the States in which such communities are located, as a result of the increased need for such services and facilities. (bXD The Secretary shall carry out the program of assistance authorized under this section through existing Federal programs. In carrjdng out such program of assistance, the Secretary is authorized, subject to the provisions of subsection (d), to (A) supplement funds made available under such Federal programs through a direct transfer of funds from the Secretary to the department or agency concerned in such amounts as the Secretary considers necessary, (B) provide financial assistance to communities described in subsection (a) to help such communities pay their share of the costs under such programs, and (C) guarantee State or municipal indebtedness for improved public facilities related to the MX Weapon System or the East Coast Trident Base. 79-194 O—81—pt. 2 32 : QL3
94 STAT. 1776 PUBLIC LAW 96-418—OCT. 10, 1980 (2) The head of each department and agency of the Federal Government concerned shall cooperate fully with the Secretary in carrying out the provisions of this section on a priority basis. (3) Notwithstanding any other provision of law, the Secretary, in cooperation with the heads of other departments and agencies of the Federal Government, is authorized to provide facilities and services in anticipation of the work to be carried out in connection with the MX Weapon System and the East Coast Trident Base. No department or agency may charge a management fee for assisting the Secretary in carrying out the provisions of this section. (c) In determining the amount of financial assistance to be made available under this section to any local community for any commu- nity service or facility, the Secretary shall consult with the head of the department or agency concerned with the type of service or facility for which financial assistance is being made available and shall take into consideration (1) the time lag between the initial impact of increased population in any such community and any increase in the local tax base which will result from such increased population, (2) the possible temporary nature of the increased popula- tion and the long-range cost impact on the permanent residents of any such community, (3) the initial capitalization required for munic- ipal sewer and water systems, (4) the initial operating cost for upgrading municipal services, and (5) such other pertinent factors as the Secretary considers appropriate. (d) Funds appropriated to the Department of Defense for carrying out the MX Weapon System and the East Coast Trident Base may, to the extent specifically authorized in Military Construction Authori- zation Acts, be utilized by the Secretary in carrying out the provisions of this section. Report to (e) The Secretary shall transmit to the Committees on Armed conSdttees Services and Appropriations of the Senate and the House of Repre- sentatives, not later than sixty days after the end of each fiscal year beginning after fiscal year 1981, a written report indicating the total amount transferred to and the amount obligated and expended by each local community or State which has been provided assistance under the authority of this section during the preceding fiscal year, the specific projects for which assistance was provided during such year, and the total amount for each such project during such year. COMMUNITY IMPACT ASSISTANCE STUDY SEC. 803. (a) The Congress finds that— (1) the Department of Defense is required from time to time, for national security reasons, to provide for the construction in the United States of major, new military facilities which have a serious adverse impact on the communities and the areas in which such facilities are constructed; and (2) neither the impacted local governments nor the States in which such facilities are constructed should be expected to bear the full cost of such impact. Qy) The President shall conduct a thorough study of the adverse impact on communities in areas in which major, new military facilities are constructed with a view to determining the most effective and practicable means of promptly mitigating such impact. In carrying out such study the President shall, as a minimum— (1) identify those potential Department of Defense actions that are sufficient in scope to warrant impact assistance by the Federal Government;
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1777 (2) examine various options and recommend organizational mechanisms to administer the Federal community impact assist- ance to be made available; (3) examine various options and recommend procedures for the budgeting of community impact assistance funds; (4) recommend such changes in existing programs as may be necessary to provide effective and timely impact assistance to areas adversely affected by the construction of major, new military facilities; and (5) consult with and seek the advice of appropriate State and local leaders and officials regarding the problems and needs of communities that result from the construction of major, new military facilities in or near such communities. (c) The President shall submit the results of the study required by Report to Congress. subsection (b) to the Congress not later than March 1,1981, together with such comments and recommendations as the President con- siders appropriate. USE OP SOLAR ENERGY SYSTEMS IN NEW CONSTRUCTION SEC. 804. Section 2688(b) of title 10, United States Code, is amended to read as follows: "OJ) 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 using accepted life cycle costing procedures. Such accepted life cycle costing Life cycle costing procedures shall include— procedures. "(1) the use of undiscounted, constant dollars in all calcula- tions; "(2) an assumption that any additional maintenance costs incurred as a result of the installation of a solar system will be offset by a corresponding reduction in the maintenance costs for a conventional back-up system; and "(3) the use of realistic assumptions with regard to the rate of inflation on the cost of fossil fuel as compared with the general rate of inflation, but in no event may the assumed general rate of inflation be greater than the assumed rate of inflation on the cost of fossil fuel.". REPORTS ON REAL PROPERTY TRANSACTIONS SEC. 805. Section 2662 of title 10, United States Code, is amended by striking out "$50,000" each place it appears in subsections (a), (b), and (e) and inserting in lieu thereof "$100,000". INCREASE IN MAXIMUM AMOUNT THE SECRETARY OF A MILITARY DEPARTMENT IS AUTHORIZED TO EXPEND FOR ACQUISITION OF INTER- ESTS IN LAND SEC. 806. (a) Section 2672 of title 10, United States Code, is amended— (1) by striking out "$50,000" in the catchline and inserting in lieu thereof "$100,000"; and (2) by striking out "$50,000" each place it appears in the text of such section and inserting in lieu thereof "$100,000". (b) The table of sections at the beginning of chapter 159 of such title is amended by striking out "$50,000" in the item relating to section 2662 and inserting in lieu thereof "$100,000".
94 STAT. 1778 PUBLIC LAW 96-418—OCT. 10, 1980 ALTERNATE FUELS USE STUDY Report to SEC. 807. (a) Within one hundred and eighty days after the date of congressional the enactment of this Act, the Secretary of Defense shall furnish a committees. report to the appropriate committees of the Congress outlining a plan (1) to convert to the use of a fuel other than oil or gas all oil and gas fired plants of the Department of Defense which have heat input rates offiftymillion British thermal units per hour or more, and (2) to replace, in each case in which such action would be cost effective, existing oil or gas fired plants with new central plants that use a fuel other than oil or gas. Contents. OJ) Such report shall include with respect to each plant the following: (1) The estimated cost of conversion or replacement, including a breakdown of costs by major work items (powerplant, utilities, fuel handling facilities, pollution abatement facilities, and related or similar items). (2) The estimated oil and gas savings that would result from such conversion or replacement. (3) The estimated annual net fuel cost savings that would result from such conversion or replacement. (4) The computed benefit-cost ratio and the estimated payback period using accepted life cycle costing procedures. Such report shall also include funding schedules based on the assumption that such conversions and replacements are to be com- pleted within (A) a five-year period, and (B) a ten-year period. NEW BOILER PLANT CONSTRUCTION SEC. 808. (a) Except as provided in subsection (b) of this section, no new facility or plant which requires heat input rates of fifty million British thermal units per hour or more and which uses oil or gas (or a derivative of either) as fuel may be constructed on lands under the jurisdiction of the Department of Defense. Waiver. (b) The Secretary of Defense may waive the provisions of subsection (a) in rare, unusual situations, but no such waiver shall become effective until after the Secretary has notified the appropriate committees of the Congress of the waiver in writing. (c) The Secretary of Defense may not provide heating service for any new facility or plant in increments in order to avoid the prohibition contained in subsection (a). REMOVAL OF CHEMICAL MUNITIONS, ROCKY MOUNTAIN ARSENAL SEC. 809. (a) Notwithstanding any other provision of law, the Secretary of Defense shall remove all chemical munitions from the Rocky Mountain Arsenal, Colorado, within one year after the date of the enactment of this Act, Notification to 0)) Within ninety days after the date of the enactment of this Act, congressional the Secretary of Defense shall notify the Committees on Armed committees. Services of the Senate and the House of Representatives in writing of the methods proposed to be used in carrying out the provisions of subsection (a). (c) The Secretary of Defense shall not take any action to carry out the provisions of subsection (a) until a period of thirty days has elapsed after the receipt by the Committees on Armed Services of the notification required under subsection flb).
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1779 DECONTAMINATION STUDY, KAHOOLAWE ISLAND SEC. 810. (a) In order to determine the feasibility and cost of clearing the island of Kahoolawe, Hawaii, and the adjacent waters of ordnance and other debris resulting from the use of such island as a target range by the United States Navy, the Secretary of the Navy is authorized and directed to (1) develop appropriate technology for clearing unexploded ordnance from test land which has the same or similar soil composition as the island of Kahoolawe and from sub- merged land which has the ecology characteristics of subtropical waters, and (2) demonstrate the developed technology at selected sites on the island of Kahoolawe. Ob) The Secretary of the Navy shall begin work on the development of the technology described in subsection (a) within six months after the date of the enactment of this Act and shall complete the development and demonstration of such technology at the earliest practicable date. The Secretary of the Navy shall submit progress Reports to reports to the Committees on Armed Services of the Senate and the congressional committees. House of Representatives each year until the project provided fcr in subsection (a) is completed. (c) Any land or water area which may be cleared of unexploded ordnance incident to the demonstration of the technology shall be fenced or buoyed and be used for such purpose or purposes as the Secretary of the Navy may approve. (d) There are authorized to be approriated such sums as may be Appropriation necessary to carry out the provisions of this section during fiscal year authorization. 1981. STUDY OF CONDITION OF THE STRATEGIC RAIL CORRIDOR SEC. 811. (a) The Secretary of Defense, in consultation with the Secretary of Transportation, shall conduct a study of the condition of railroad lines identified in the Strategic Rail Corridor Network (STRACNET) for National Defense (Military Traffic Management Command Report RND 76-1, An Analysis of a Strategic Rail Corridor Network for National Defense, November 1976). Such study shall include (1) an identification of those segments of the corridor which, as a result of deferred maintenance or deterioration, may potentially have an adverse impact on the movement of personnel, equipment, and materials among Federal military arsenals and installations, and (2) an estimate of the cost of rehabilitating such segments. Ot)) The Secretary of Defense shall submit the results of such study, Report to together with recommendations for correcting deficiencies in the congressional committees. Strategic Rail Corridor Network in order to strengthen the Armed Forces combat readiness and mobilization base, to the Committees on Armed Services of the Senate and the House of Representatives not later than July 1,1981. LAND CONVEYANCE, SOUTH PORTLAND, MAINE SEC. 812. (a) The first section and section 2 of the Act entitled "An Act to provide for the conveyance to the State of Maine of certain lands located in such State", approved August 28,1957 (71 Stat. 467), are amended by striking out "for vocation^ or other school purposes" and inserting in lieu thereof "for public purposes". 0)) The Secretary of the Navy shall issue such written instructions, deeds, or other instruments as may be necessary to bring the conveyance made to the State of Maine under the authority of the Act
94 STAT. 1780 PUBLIC LAW 96-418—OCT, 10, 1980 referred to in subsection (a) into conformity with the amendment made by such subsection. MODIFICATION OF PRIOR AUTHORITY FOR LAND CONVEYANCE, SOUTH CHARLESTON, WEST VIRGINIA SEC. 813. Section 609 of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1365), is amended— (1) by striking out "a section of land" in the first sentence and inserting in lieu thereof "three parcels of land"; (2) by striking out "4.5 acres" in the first sentence and inserting in lieu thereof "eight acres"; (3) by striking out "eight acres" in the second sentence and inserting in lieu thereof 'Approximately ten acres"; and (4) by striking out the period at the end of the last sentence and inserting in lieu thereof "or the Department of the Navy.". MODIFICATION OF PRIOR LAND ACQUISITION, SAN DIEGO, CAUFORNIA SEC. 814. (a)(1) Subject to paragraph (3), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") shall amend the declaration of taking described in paragraph (2) by substituting for the interest described in such declaration of taking which is condemned for the use of the United States an interest consisting of all right, title, and interest of the City of San Diego, California, in and to the tract of land described in such declaration subject to a possibility of reverter of such tract of land (including improvements thereon) to the City of San Diego in the event that the United States ceases to use the land for hospital or medical purposes (or purposes related thereto). (2) The declaration of taking referred to in paragraph (1) is the declaration of taking signed by the Secretary on December 26, 1979, and filed in Civil Action No. 80-0021-E in the United States District Court for the Southern District of California under the authority of section 809 of the Military Construction Authorization Act, 1980 (Public Law 96-125; 93 Stat. 950), condemning for the use of the United States all right, title, and interest of the City of San Diego, California, in and to a certain tract of land consisting of 40 acres, more or less, in Balboa Park, San Diego, California. (3) The amendment to such declaration of taking authorized by paragraph (1) may not be made without the consent of the City of San Diego. Naval Regional (b) The Secretary may convey to the City of San Diego as considera- Medical Center, tion, in whole or in part, for the acquisition under the declaration of San Diego, Calif., conveyance. taking described in subsection (a) all right, title, and interest of the United States, or any lesser interest, in and to all or any part of the real property (including improvements thereon) of the Naval Regional Medical Center, San Diego, California, that has been con- veyed, leased, or otherwise made available to the United States by the City of San Diego other than through the acquisition under such declaration of taking. (c) Notwithstanding any other provision of law, the Secretary may construct on the land referred to in subsection (a) or on any other land acquired by the United States from the City of San Diego which is contiguous to such land and in which the United States has less than a fee simple absolute interest any military construction project for a hospital or other medical facility which is otherwise authorized by law.
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1781 (d) The provisions of subsections (c) and (d) of section 809 of the Military Construction Authorization Act, 1980, shall apply to the 93 Stat. 950. acquisition under the declaration of taking described in subsection (a), as amended under such subsection. LAND ACQUISITION, SAN DIEGO, CAUFORNIA SEC. 815. (a) The Secretary of the Navy (hereinafter in this section Fairhaven referred to as the "Secretary") is authorized to acquire by exchange School. all right, title, and interest of the San Diego Unified School District (hereinafter in this section referred to as the "District") in and to certain parcels of land in the County of San Diego, State of California, comprising approximately 5.11 acres of land (together with improve- ments thereon) known and identified as the Fairhaven School, San Diego, California, as shown and more particularly described on a map entitled "Naval Station San Diego, California, Acquisition of Fair- haven School", on file at the Western Division, Naval Facilities Engineering Command, San Bruno, California. (b) In consideration for the acquisition under subsection (a), the Secretary is authorized to convey to the District all right, title, and interest of the United States in and to land and improvements having a fair market value (as determined by the Secretary) equal to or greater than the fair market value (as determined by the Secretary) of the improvements on the property to be acquired. If the fair market value of the land and improvements conveyed by the Secre- tary exceeds the fair market value of such improvements, the difference shall be paid by the District to the United States and shall be covered into the Treasury as miscellaneous receipts. (c) The exact acreages and legal descriptions of the properties to be acquired or conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. LAND ACQUISITION, SACRAMENTO COUNTY, CAUFORNIA SEC. 816. (a) The Secretary of the Air Force (hereinafter in this section referred to as the "Secretary") is authorized to acquire by exchange all right, title, and interest in all or any part of three tracts of land contiguous to McClellan Air Force Base, Sacramento County, California, consisting of a total of approximately 443.3 acres. (b) As consideration for any acquisition under subsection (a), the Fair market Secretary is authorized to convey to the owners of the property to be value. acquired all right, title, and interest of the United States in and to real property of the United States under the jurisdiction of the Secretary (including any improvements thereon) having a fair market value of not more than the fair market value of the property to be acquired. (c) The exact acreage and legal description of any real property acquired or conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. LAND E X C H A N G E , WABASHA, MINNESOTA SEC. 817. (a) Subject to subsection (b), the Secretary of the Army United States (hereinafter in this section referred to as the "Secretary") is author- Army Reserve Center. ized to convey to the City of Wabasha, Minnesota (hereinafter in this section referred to as the "City") all right, title, and interest of the United States in and to the land and improvements comprising the United States Army Reserve Center, Wabasha, Minnesota.
94 STAT. 1782 PUBLIC LAW 96-418—OCT. 10, 1980 (b) In consideration for the acquisition under subsection (a), the City shall convey to the United States all right, title, and interest of the City in and to a certain tract of land of approximately seven acres Fair market owned by the City. If the fair market value of the land conveyed by value. the City under this subsection is less than the fair market value of the land conveyed by the United States under subsection (a), the City shall pay to the United States the amount of the difference between such fair market values. Any amount received under the preceeding sentence shall be covered into the Treasury as miscellaneous receipts. New Army (c) The conveyances under subsections (a) and (b) shall not be made Reserve Center. until a new Army Reserve Center has been constructed on the land to be conveyed to the United States under subsection (b) and the existing Army Reserve Center referred to in subsection (a) has been vacated. Before such conveyances are made, the City shall make available to the Secretary without charge the lands to be conveyed under subsection (b) for the purpose of allowing the construction of the new Army Reserve Center. (d) The exact acreages and legal descriptions of any property acquired or conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. (e) The Secretary is authorized to accept and administer any real property conveyed to the United States under this section. LAND CONVEYANCE, GUAM, MARIANAS ISLANDS SEC. 818. (a)(1) Subject to subsections (b) and (c), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") is authorized to convey, without monetary consideration, to the Govern- ment of Guam all right, title, and interest of the United States in and to the lands (or any part of the lands) described in paragraph (2), together with the improvements thereon. (2) The lands referred to in paragraph (1) consist of approximately 927 acres of land located on Cabras Island and within the northern portion of the Apra Harbor Naval Complex, Guam, Marianas Islands, as shown and more particularly described on a map entitled "Apra Harbor Complex, Guam, Marianas Islands, Conveyance of 927 Acres of Land to the Government of Guam", on file at the Pacific Division, Naval Facilities Engineering Command, Pearl Harbor, Hawaii. (b)(1) Conveyance of the property described in subsection (a) shall be made at such times, and shall be subject to such terms and conditions, as the Secretary considers to be in the interest of national defense. (2) Conveyance of the property described in subsection (a) shall be subject to the condition that any disposal by sale or lease of any part or all of the property by the Government of Guam shall only be for a monetary consideration equal to or in excess of the fair market value (at the time of the disposal) of the property concerned, or of the leasehold interest therein, as determined by the Administrator of General Services, and any such monetary consideration received by the Government of Guam, minus any reasonable development costs incurred by such Government in preparing the property concerned for disposal, shall be paid to the United States. Easements, (3) The United States shall reserve easements for all existing reserve. utilities and navigation aids in the conveyed parcels as exist on the date of conveyance of the property whether or not such utilities and facilities are specifically mentioned in the conveyance documents for the property. The Government of Guam, for as long as it owns the conveyed lands, shall agree to issue easements not interfering with
PUBLIC LAW 96-418—OCT. 10, 1980 94 STAT. 1783 their facilities and operations to the United States at no cost for the future facility installations including, but not limited to, construc- tion, installation, reconstruction, operation, maintenance, and removal of water, oil, gas, fuel, and other pipelines, drainage and sewage systems, power and telephone transmission lines, water sewage, and other utility lines, navigation aids, and all things incident thereto, in, on, under, and over the conveyed lands together with all necessary rights and privileges for the full enjoyment of the foregoing, including, without limitation, the right of ingress and egress. "Die Government of Guam shall agree that for as long as it utility lines and owns the conveyed lands, it will bear all costs of relocation of existing other U.S. owned and future utility lines and other facilities owned by the United facility lines, relocation costs. States in the conveyed lands requisite to construction on the con- veyed Isuids by the Government of Guam and authorized other parties. (4) All leases, licenses, easements, and other property interests afTecting the conveyed lands at the time of conveyance issued by the United States shall be honored by the Government of Guam until their final expiration dates. All rents due to be collected under such contracts shall be remitted to the United States for all periods prior to the date the property is conveyed, after which date the rents will be the property of the Government of Guam. (5) All leases, licenses, easements, conveyances of land, and other real estate interests granted by the Government of Guam after conveyance, shall be subject to the terms, conditions, convenants, and reservations stated in this subsection and shall recite the same in the contractual documents. (c) The exact acreages and legal descriptions of all lands to be conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. The cost of such surveys, together with all other direct and indirect costs related to any conveyance under this section, shall be borne by the Government of Guam. Approved October 10, 1980. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96-1009 (Comm. on Armed Services) and No. 96-1399 (Comm. of Conference). SENATE REPORT No. 96-915 accompanying S. 3059 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 126 (1980): Sept. 10, considered and passed House. Sept. 16, considered and passed Senate, amended, in lieu of S. 3059. Sept. 30, Senate agreed to conference report. Oct. 1, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 16, No. 42 (1980): Oct. 11, Presidential statement.