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 95 STAT. 1372

PUBLIC LAW 97-99—DEC. 23, 1981 TITLE V—NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE AUTHORIZED CONTRIBUTION

SEC. 501. (a) The Secretary of Defense is authorized to incur obligations in amounts not to exceed $345,000,000 for the United States share of the cost of multilateral programs for the acquisition or construction of military facilities and installations (including international military headquarters) for the collective defense of the North Atlantic Treaty Area. O> Within thirty days after the end of each calendar-year quarter, t) the Secretary of Defense shall furnish to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives a description of obligations incurred by the United States during the preceding quarter for the United States share of the cost of such multilateral programs. TITLE VI—MILITARY FAMILY HOUSING AND HOMEOWNERS ASSISTANCE PROGRAM AUTHORIZATION TO CONSTRUCT OR ACQUIRE HOUSING

Notification to conmSttSs^

SEC. 601. (a) The Secretary of Defense, or the Secretary's designee, is authorized to construct or acquire sole interest in existing familv 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 Stat^ 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 cannot be reached with respect to the availability of suitable private housing at any location, the Secretary of Defense shall notify the Committees on Armed Services of the Senate and House of Representatives, 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 Governmentowned land, or otherwise. The Secretary of Defense is authorized to acquire less than sole interest in existing family housing units in foreign countries when determined to be in the best interests of the Government. (b) 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 constructing all or a portion of the family housing authorized by this section, if the Secretary, or the Secreta^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 acquisition of such units is hereafter specifically authorized by law. (c) Family Housing units:

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95 STAT. 1373

Marine Corps Air Station, El Toro, California, two hundred and twelve units, $15,540,000. Fort Irwin, California, four hundred and fifty-four units, $32,055,000. Naval Complex, San Diego, California, two hundred and ninety units, $25,350,000. Naval Submarine Support Base, Kings Bay, Georgia, one hundred and sixty-five units, $12,740,000. Picatinny Arsenal, New Jersey, twenty-six units, $2,141,000. Fort Drum, New York, two hundred and thirty-two units, $15,865,000. Naval Air Station, Chase Field, Texas, eighty-eight units, $6,360,000. Incirlik Air Base, Turkey, four hundred units, $29,000,000. Greenham-Common, United Kingdom, two hundred and seventy units, $27,200,000. Classified Location Overseas, six units, $765,000. (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 percent, 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 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, supervision, inspection, overhead, land acquisition, site preparation, installation of utilities, and solar energy systems. IMPROVEMENT OF EXISTING QUARTERS

SEC. 602. (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 $109,819,000 of which $44,878,000 snail be available only for energy conservation projects. (b) The Secretary of Defense, or the Secretary's designee, within the Costs, limitation. amount specified in subsection (a), is authorized to accomplish repairs and improvements to existing fan^y 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: Marine 0>rps Air Ground Combat Center, Twentynine Palms, California, one hundred and thirhr-five units, $2,897,300. Navy Public Works Center, Honolulu, Hawaii, one hundred units, $3,190,000. Chanute Air Force Base, Illinois, two hundred and twenty-two units, $4,662,000. Fort i6iox, Kentucky, one hundred units, $2,851,000. Nellie Air Force Base, Nevada, two hundred thirty-six units, $4,956,000. Kirtland Air Force Base, New Mexico, one hundred and fiftyfive units, $3,875,000. Offutt Air Force Base, Texas, eighty units, $1,599,000. Randolph Air Force Base, Texas, one hundred and sixty-seven units, $3,839,000.

Fort Lewis, Washington,fifty-eightunits, $1,378,000. Mildenhall, United Kingdom, thirty units, $1,511,600. Upper Heyford, United Kingdom, twelve units, $648,400.

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 95 STAT. 1374

PUBLIC LAW 97-99—DEC. 23, 1981 ADVANCE PLANNING AND DESIGN

SEC. 603. The Secretary of Defense 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 $9,100,000. LEASING OF FAMILY HOUSING

SEC. 604. Section 2675(d) of title 10, United States Code, is amended— (1) by striking out "150" in paragraph (1) and inserting in lieu thereof "250"; and (2) by striking out "17,000" in paragraph (2) and inserting in lieu thereof "22,000". AUTHORIZATION OF APPROPRIATIONS

SEC. 605. (a) There is authorized to be appropriated for fiscal year 1982 for use by the Secretary of Defense, or the Secretary's designee, for military family housing as authorized by law for the following purposes: (1) For construction or acquisition of family housing, including minor construction, improvements to public quarters, relocation of family housing, and planning, an amount not to exceed $285,935,000. (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. 1715m), an amount not to exceed $2,047,801,000, of which not more than $12,000,000 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 $113,717,000 may be obligated or expended for the leasing of military family housing in foreign countries. (3) For homeowners assistance under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374), including acquisition of properties, an amount not to exceed $2,000,000. (b) The amounts authorized to be appropriated in subsection (a)(2) for salary, pay, retirement, or other benefits for Federal employees may be increased by such amounts as may be necessary for increases in such benefits authorized by law. TITLE Vn-AUTHORIZATION OF APPROPRIATIONS AND ADMINISTRATIVE PROVISIONS WAIVER OF RESTRICTIONS

SEC. 701. 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 temporary improvements on land includes authority for surveys, administration, overhead, planning.

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 PUBLIC LAW 97-99—DEC. 23, 1981

95 STAT. 1375

and supervision incident to construction. That authority may be exercised before title to the land is approved under section 855 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 Government-owned land, or otherwise. AUTHORIZATION OF APPROPRIATIONS

SEC. 702. There are authorized to be appropriated for fiscal years beginning after September 30, 1981, such sums as may be necessary for the purposes of this Act, but appropriations for public works projects authorized by titles I, II, III, IV, and V, shall not exceed— (1) for title I: inside the United States $389,036,000; outside the United States $381,534,000; minor construction $34,150,000; for a total of $804,720,000; (2) for title II: inside the United States $970,268,000; outside the United States $236,445,000; minor construction $33,320,000; for a total of $1,240,033,000; (3) for title III: inside the United States $669,276,000; outside the United States $560,550,000; minor construction $28,680,000; for a total of $1,258,506,000; (4) for title IV: a total of $282,815,000, including $6,210,000 for minor construction; and (5) for title V: a total of $345,000,000. COST VARIATIONS SEC. 703. (a) OVERALL TITLE TOTAL LIMITATION.—Notwithstanding

the provisions of subsections (b), (c), (e), and (h), the total cost of all construction and acquisition in each of titles I, II, III, and IV may not exceed the total amount authorized to be appropriated in that title. (b) VARIATIONS IN INSTALLATION TOTALS—UNUSUAL VARIATIONS IN

COST.—Except as provided in subsections (c) and (e), any of the amounts specified in titles I, II, III, and IV (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 concerned, be increased by 5 percent when inside the United States (other than Alaska or Hawaii), and by 10 percent when outside the United States or in Alaska or Hawaii, it 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 reasonably anticipated at the time such estimate was submitted to the Congress. (c) VARIATIONS IN INSTALLATION TOTALS—ONLY O N E PROJECT AT AN

INSTALLATION.—When the amount named for any construction or acquisition in title I, II, III, or IV involves only one project at any military installation and the Secretary of the military department or Director of the defense agency concerned determines that the amount authorized must be increased by more than the applicable 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 percent the amount named for such project by the Congress. (d)

VARIATIONS

IN

NORTH

ATLANTIC

TREATY

ORGANIZATION

TOTAL.—When the Secretary of Defense determines that the amount

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 95 STAT. 1376

PUBLIC LAW 97-99—DEC. 23, 1981

set forth in title V for the United States share of the cost of the North Atlantic Treaty Organization program must be increased, the Secretary may incur obligations in excess of such amount if the amount of the increase does not exceed by more than 25 percent the amount set forth in such title. (e) VARIATIONS IN INSTALLATION TOTAUS—REPORTS BY THE SECRETARY OF DEFENSE.—When the Secretary of Defense determines that

any amount specified in title I, II, III, IV, or V must be exceeded by more than the percentages permitted in subsections (b), (c), and (d) to accomplish authorized construction or acquisition or for contribution by the United States as its share of the cost of the North Atlantic Treaty Organization infrastructure program, the Secretary of Defense or the Secretary of the military department or Director of the defense agency concerned may proceed with such construction, acquisition, or contribution 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 Coimnittees on Armed Services of the Senate and House of Representatives and either (1) thirty days have elapsed from the date of submission of such report, or (2) both committees have indicated approval of such construction, acquisition, or contribution. Notwithstanding the provisions in prior Military Construction Authorization Acts, the provisions of this subsection shall apply to such prior Acts.

(f) COST AND SCOPE VARIATIONS OF INDIVIDUAL PROJECTS: REPORTS

TO CONGRESS.—No individual project authorized under title I, II, III, or IV for any specifically listed military installations 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 percent; or (2) the current working estimate, based upon bids received, for the construction of such project exceeds by more than 25 percent 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, includii^ 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 Representatives and either thirty days have elapsed from 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 maybe. (g) ANNUAL REPORTS 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 workii^ 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 percent. The Secretary shall also include in such report each individual project with respect to which the scope was reduced by more than 25 percent in order to permit contract award within 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.

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95 STAT. 1377

(h) COST AND FLOOR AREA VARIATIONS—SOLAR ENERGY.—The Secretary 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 economicall^r 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 increases in the cost limitations or floor area limitations for such project by such amounts as may be necessary for such purpose. Any increase under this subsection 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. 704. 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 Nav^, or such other department or Government agency as the Secretanes of the military departments recommend and the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective accomplishment 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 v^ue of construction contracts completed by each of the several construction agencies selected together with the design, construction supervision, and o v e r h ^ 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, customs, and practices) shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be inmaired and the award is consistent with chapter 137 of title 10, United States Code. The Secretaries of the lo use 2301 et military departments shall report annually to the President of the ^^ ^^ Senate and Speaker 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 arcnitedrengineering 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. 705. (a) As of October 1, 1982, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1983, whichever is later, all authorizations for military public works, including family housing, to be accomplished by the secretary of a military department in connection with the establishment or development of installations and facilities, and all authorizations for appropriations therefor, that are contained in titles I, n. III, IV, and V of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1749), and all such authorizations contained in Acts?^ ^tat 1749 1 (OiS,

1763.

175D,

175y,

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 95 STAT. 1378

PUBLIC LAW 97-99—DEC. 23, 1981

approved before October 10, 1980, 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)riated funds have been obligated for construction contracts, and acquisition, or payinents to the North Atlantic Treaty Organization, in whole or in part, before October 1, 1982, or the date of the enactment of the Military Construction Authorization Act for fiscal yesx 1983, whichever is later, and authorizations for appropriations therefor. (b) Notwithstanding the repeal provisions of subsection (a) of this section and section 605 of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stet. 1770), authorizations for the following items authorized in section 101 of the Military Construction Authorization Act, 1980 (Public Law 96-125; 93 Stet. 928) shall remain in efiect until October 1, 1983, or the date of enactment of the Militoiv Construction Authorization Act for fiscal year 1984, whichever is later: (1) Boiler Plant Emission Control System construction in the amount of $1,900,000 at Anniston Army Depot, Alabama. (2) Boiler Plant Emission Control ^stem construction in the amount of $3,000,000 at Tobyhanna Army Depot, Pennsylvania. (3) Boiler Plant Emission Control System construction in the amount of $2,800,000 at Fort Bei^amin Harrison, Indiana. (4) Industrial Waste Treatment Plant construction in the amount of $1,100,000 at Riverbank Army Ammunition Plant, California. (5) Advanced Power Train Test Facility construction in the amount of $1,560,000 at Corpus Christi Army Depot, Texas. (6) Ammunition Inspection and Test Facility construction in the amount of $1,200,000 at Letterkenny Army Depot, Penn^lvania. (7) Replace Boilers construction in the amount of $8,600,000 at Red River Army Depot, Texas. (8) Dental Cunic construction in the amount of $2,750,000 at Schofield Barracks, Hawaii. (9) Centralized Container Ammunition Facility construction in the amount of $920,000 at Lone Star Army Ammunition Plant, Texas. (10) Indoor Athletic Facilities construction in the amount of $12,200,000 at the United States Military Academy, West Point, New York. (11) Temperature-Altitude Test Facility construction in the amount of $2,000,000 at the White Sands Missile Range, New Mexico. (12) Water Monitor Stetion construction in the amount of $220,000 at Riverbank Army Ammunition Plant, California. (c) Notwithstanding the repeal provisions of subsection (a) of this section and section 605 of the Militery Construction Authorization Act, 1981 (Public Law 96-418; 94 Stet. 1770), authorization for the construction of the Reception Stetion at Fort Benning, Geori^, in the amount of $5,886,000 authorized in section 101 of the Military Construction Authorization Act, 1978 (Public Law 95-82; 91 Stet. 358), as such authorization was extended in section 605 of the Military Construction Authorization Act, 1980 (Public Law 96-126; 93 Stet. 945), shall remain in effect until October 1, 1983, or the date of

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95 STAT. 1379

enactment of the Military Construction Authorization Act for fiscal year 1984, whichever is later. (d) Notwithstandii^ the provisions of subsection (a) of this section and of section 605 of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1770) authorizations for the following items authorized in section 201 or such authorizations as were e ^ n d e d in section 605 of the Military Construction Authorization Act, 1980 (Public Law 96-125) shall remain in effect until October 1, 93 Stat. 944. 1983, or the date of enactment of the Military Construction Authorization Act for fiscal year 1984, whichever is later: (1) Municipal Sewer Connection construction in the amount of $2,200,000 at the Naval Submarine Base, New London, Connecticut. (2) Insulation and Storm Windows construction in the amount of $2,350,000 at the Naval Weapons Station, Charleston, South Carolina. (3) Applied Instruction (Morse Training) Building construction in the amount of $2,400,000 at the Naval Technical Training Center, Pensacola, Florida. (4) Engine Test Cell Modernization in the amount of $3,500,000 at the Naval Air Rework Facility, Alameda, California. (5) Municipal Sewer Connection construction in the amount of $2,100,000 at the Naval Shipyard, LongBeach, California. (6) Industrial Waste Collection and Treatment construction in the amount of $6,500,000 at the Naval Shipyard, Long Beach, California. (7) Engine Test Cell Modernization in the amount of $3,200,000 at the Naval Air Rework Facility, North Island, California. (8) Aircraft Maintenance Hanger in the amount of $1,500,000 at the Naval Air Facility, Sigonella, Italy. (e) Notwithstanding the repeal provisions of subsection (a) of this section and section 605 of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1770), authorizations for the following items authorized in section 301 of the Military Construction Authorization Act, 1980 (Public Law 96-125; 93 Stat. 934) shall remain in effect until October 1, 1983, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1984, whichever is later: (1) Connect to Regional Sewage System in the amount of $1,100,000 at Richardi<jebaur Air Force Base, Missouri. (2) Pave roads in the amount of $690,000 at Davis-Monthan Air Force Base, Arizona. (3) Aircraft Maintenance Control Facility in the amount of $850,000 at England Air Force Base, Louisiana. (4) Composite Medical Facility in the amount of $16,500,000 at George Air Force Base, Cahfomia. (5) Air Installation Compatible Use Zone in the amount of $1,950,000 at Buckley Air National Guard Base, Colorado. (6) Various Operational Facilities in the amount of $4,950,000 at Roberts International Airport, Liberia. (7) Unaccompanied Officer Personnel Housing in the amount of $510,000 at T a e ^ Air Force Base, Korea. (8) Security Facilities in the amount of $3,485,000 at Howard Air Base, Canal Zone. (9) Special Operations Facilities in the amount of $2,800,000 at Various Locations Overseas. (10) Unaccompanied Enlisted Personnel Housing in the amount of $2,300,000 at Wright-Patterson Air Force Base, Ohio.

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Page:United States Statutes at Large Volume 95.djvu/1406

 95 STAT. 1380

PUBLIC LAW 97-99—DEC. 23, 1981 UNIT COST UBOTATIONS

SEC. 706. None of the authority contained in titles I, n» m, and IV shall be deemed to authorize any building construction projects inside the United States in excess of a unit cost to be detennined in proportion to the appropriate area construction cost index, based on the following unit cost umitations where the area construction index is 1.0: (1) $53 per square foot for permanent barracks; or (2) $57 per square foot tor unaccompanied oCEicer quarters; unless the Secretary of Defense, or the Secretary's desif^ee, determines that, because of special circumstances, application to such project of we limitation on unit cost contained m this section is mipracticable. Notwithstanding the limitations contained in prior Military Construction Authorization Acts on unit costs, the limitations on such costs contained in this section shall apply to all prior authorizations for such construction not heretofore repealed and for which construction contracts have not been awarded by the date of enactment of this Act. TITLE Vm—GUARD AND RESERVE FORCES FACILITIES AUTHORIZATION FOR FACILITIES 10 USC 2231 et

SEC. 801. 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 fadlities shall not exceed the following amounts: (1) For the Department of the Anmr— (A) for the Army National Guard of the United States, (B) for the Army Reserve, $50,000,000. (2) For the Department of the Navy: for the Naval and Marine Corps Reserves,$35,000,000. (3) For the Department of the Air Force— (A) for the Air National Guard of the United States, $100,000,000; and (B) for the Air Force Reserve, $35,000,000. WAIVER OF CERTAIN RESTRICTIONS
 * $60,000,000; and

SEC. 802. 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 tor 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 make survevs and to acquire land and interests in land (including temporary use), by gift, purchase, exchange of Governmentowned land, or otherwise. EXPANSION OF FEDERAL FACILITIES BY THE NATIONAL GUARD

SEC. 803. Section 2233 of title 10, United States Code, is amended—

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95 STAT. 1381

(1) by inserting "or by the United States" after "or convert facilities owned by it" in subsection (a)(2); and (2) by adding at the end of subsection (b) the following new sentence: "Such property may be transferred to any State or Territory, Puerto Rico, or the District of Columbia incident to the expansion, rehabilitation, or conversion of such property under subsection (aK2) so long as the transfer of such property does not result in the creation of an enclave owned by a State or Territory, Puerto Rico, or the District of Columbia within a Federal installation.". FEDERAL CONTRIBUTIONS FOR CONSTRUCTION TO UPGRADE WEAPONS STORAGE FACILITIES

SEC. 804. Section 2233(a) of title 10, United States Code, is amended— (1) by striking out "and" eifker clause (4); (2) by striking out the period at the end of clause (5) and inserting in lieu thereof"; and"; and (3) by adding at the end thereof the following new clause: "(6) contribute to any State or Territory, Puerto Rico, or the District of Columbia such amounts for the construction, alteration, or rehabilitation of arms storage rooms as the Secretary determines to be required to meet a change in Department of Defense standards related to the safekeeping of arms.". TITLE-GENERAL PROVISIONS U S E OF SOLAR ENERGY SYSTEMS IN NEW CONSTRUCTION

SEC. 901. Subsection (b) of section 2688 of title 10, United States Code, is amended to read as follows: "(b) For the purposes of this section, a solar energy system shall be considered to be cost effective if the original investment cost differential can be recovered over the expected life of the facility using accepted life-cycle costing procedures. Such accepted life-wcle cost- Life-cycle costing ing procedures shall include the use of the sum of all capital, procedures. operating, and maintenance expenses associated with the energy system of the building involved over the expected life of such system or during a period or twenty-five years, whichever is shorter, and using marginal fuel cost as determined by the Secretary of Defense and at a discount rate of 7 percent per year. For the purposes of a lifecycle cost analysis under this subsection, the original investment cost of a solar energy system shall be reduced 10 percent as an investment cost credit.". CONSTRUCTION FUNDED BY FOREIGN GOVERNMENTS

SEC. 902. Section 504 of the Act of September 28, 1951 (81 U.S.C. 723), is amended— (1) by inserting "(1)" after "in connection with"; and (2) by striking out the period at the end and inserting in lieu thereof ", and (2) construction management of those projects funded by foreign governments directly or through international organizations tor which United States forces are the sole or primary user.".

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 95 STAT. 1382

PUBLIC LAW 97-99—DEC. 23, 1981 CONSTRUCTION AUTHORITY UNDER A DECLARATION OF WAR OR NATIONAL EMERGENCY

10 USC 140 note.

Notification to '^""^'^^ttees commi

SEC. 903. (a) In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act (50 U.S.C. 1601 et seq.) requiring use of the Armed Forces, the Secretary of Defense may, without r ^ a r d to any other provision of law, undertake military construction necessary to support such use within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated. (b) Authority under subsection (a) includes authority for (1) aoiuisition of real estate and interests in land (including temporary interests) by lease, purchase, gift, exchange of Government-owned land, or otherwise, (2) surveys and site preparation, (3) acquisition, lease, conversion, and rehabilitation of permanent or temporary facilities, (4) appurtenances, supporting facilities, and utilities incident to such construction, (5) acquisition of and installation of equipment i n t ^ a l to the construction, and (6) planning, supervision, administration, and overhead incident to such construction. (c) The authority described in subsection (a) shall terminate at the end of the war or the end of the national emergency, as the case may be. (d) Whenever a decision to undertake military construction author^®^ ^y. **"® section is made, the Secretary of Defense shall notify the Committees on Armed Services and on Appropriations of the Senate and House of Representatives of the decision and the estimated cost of such construction, including the cost of real estate actions pertaining to the construction. I M P ACT P L A N N I N G ASSISTANCE FOR AREAS AFFECTED BY THE MX WEAPON SYSTEM AND THE EAST COAST TRIDENT BASE

SEC 904. (a) Section 801 of the Military Construction Authorization Act, 1981 (94 Stat. 1775), ia amended by striking out ''During fiscal year 1981" and all that follows through the colon and inserting in lieu thereof the following: ''The Secretary of Defense may use funds appropriated for fiscal year 1981 for planning and design purposes to provide community planning assistance, by grant or otherwise, as follows:". 10 USC 139 note (b) Section 802 of such Act is amended to read as follows: " I M P ACT A S S I S T A N C E FOR AREAS AFFECTED BY THE EAST COAST TRIDENT PROGRAM

"SEC. 802. (a) The Secretary of Defense (hereinafter in this section referred to as the 'Secretary) may assist 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 communities as a direct result of work being carried out in connection with the construction, installation, or operation of the East Coast Trident Base 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 such increased need for such services and facilities.

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95 STAT. 1383

"(b)(1) Whenever possible, the Secretary shall carry out the program of assistance authorized under this section through existing Federal programs. In carrying out such program of assistance, the Secretary may— "(A) supplement funds made available under existing 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; "(C) guarantee State or municipal indebtedness, and make interest payments, in whole or in part, for State or municipal indebtedness, for improved public facilities related to the East Coast Trident Base; and "(D) make direct grants to or on behalf of communities described in subsection (a) in cases in which Federal programs (or funds for such programs) do not exist or are not sufficient to meet the costs of providing increased municipal services and facilities to the residents of such communities. "(2) The head of each department and agency 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, may provide assistance under this section in anticipation of the work to be carried out in connection with the East Coast Trident Base. "(c) In determining the amount of financial assistance to be made available under this section to any local community for any community 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 an;^ increase in the local tax base which will result from such mcreased population; "(2) the possible temporary nature of the increased population and the long-ran^e cost impact on the permanent residents of any such community; "(3) the initial capitalization required for municipal 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 East Coast Trident Base program may, to the extent specifically authorized in Military Construction Authorization Acts, be used by the Secretary to provide assistance under this section. "(e) The Secretary shall transmit to the Committees on Armed Report to Services and on Appropriations of the Senate and House of Repre- ^°"^tffi°"^^ committees. sentatives, not later than sixty days after the end of each fiscal year, 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

-194 O—82

89: QL3

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PUBLIC LAW 97-99—DEC. 23, 1981

which assistance was provided during such year, and the total amount for each such project during such year.". DISTRICT OFFICES OF ARMY CORPS OF ENGINEERS

"Major defense ^

SEC. 905. (a) During fiscal year 1982, the Secretary of the Army shall maintain a District Office of the United States Army Corps of Engineers at each site within twenty-five miles of each meyor defense port within the continental United States at which there was such an office on June 4, 1981. (b) For the purposes of this section, the term "msijor defense port" means any of the following: (1) A major United States Navy shipyard. (2) A home port for megor naval forces. (3) A major supply and embarkation port for elements of the Armed Forces. RESTRICTIONS ON CONSTRUCTION OF SPECIAL CONTINGENCY FACIIJTIES IN CERTAIN COUNTRIES

SEC. 906. (a) Subject to subsections (b) and (c), none of the funds appropriated pursuant to this Act for the construction of contingency facilities to support the national security interests of the Imited States in Egypt, Kenya, Oman, Somalia, the island of Diego Garcia, or at Lajes Field (Portugal) may be obligated or expended for the construction of a facihty in any such country, island, or air field unless each contract entered into for the construction of such facility requires that all construction materials (other than cement, cement products, aggregates, and concrete components other than steel) to be used in carrying out the contract will be materials produced, manufactured, or refmed in the United States. (b) The provisions of subsection (a) shall not applv (1) if the application of such provisions would violate a formial agreement between the United States and the country that exerdses sovereignty over the land on which a fadlity referred to in such subsection is to be constructed, or (2) in the case of a contract for $5,000,000 or less. (c) The project manager of a facility referred to in subsection (a) may authorize, in the construction of such facility, a limited use of materials not produced, manufactured, or refin^ in the United States if the manager determines that the use of such materials is necessary for the orderly and timely construction of such facility. However, the total amount expended for materials not produce, manufactured, or refined in the United States under a contract for the construction of a facility referred to in subsection (a) may not exceed the applicable limit specified in the following table: If the contract amount is— More than—

$5,000,000 $25,000,000 $50,000,000 $100,000,000

But not more than—

$25,000,000 $50,000,000 $100,000,000

The percent of the contract amount that may be lued to procure materials not produced. manufactured, or refined in the United States may not exceed— 5 8 2 1.

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 PUBLIC LAW 97-99—DEC. 23, 1981

95 STAT. 1385

MINOR CONSTRUCTION AUTHORITY

SEC. 907. (a) Subsection (b) of section 2674 of title 10, United States Code, is amended to read as follows: ''(b)(1) Except as provided in paragraph (2), a project costing more than $1,000,000 may not be carried out under the authority of this section. "(2) The cost of a project may be increased above $1,000,000— "(A) to not more than $1,100,000 if the Secretary of Defense determines that such an increase is required for the sole purpose of meeting unusual variations in cost and that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress; and the Secretary of Defense determines that such an increase is required for the sole purpose of meeting unusual variations in cost and that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress, (ii) the Secretary of Defense has notified the Committees on Armed Services of the Senate and House of Representatives in writing that he has made those determinations with respect to the project, and (iii) a 15-day period has elapsed after the date the notmcation is received by the committees, or both committees approve such increase before the expiration of the 15-day period. ''(3)(A) Except as provided in subparagraph (B), a project costing more than $750,000 may not be carried out under this section unless approved in advance mr the Secretary of Defense, and a project costing more than $500,000 but less than $750,000 may not be carried out under this section unless approved in advance by the Secretary of the military department or the Director of the defense agency concerned. "(B) Approval under this paragraph is not required if the project has been authorized in an annual Military Construction Authorization Act.". (b) Subsection (f) of such section is amended— (1) by striking out "30 days" and "$300,000" in the second sentence and inserting in lieu thereof "fifteen days" and "$500,000", respectively; and (2) striking out the last sentence and inserting in lieu thereof the following: "Such notice is not required in the case of a project that has been authorized in an annual Military Construction Authorization Act.". (c) The amendments made by subsections (a) and (b) shall take Effective date. effect on October 1, 1982. lo use 2674 note. GEOTHERMAL ENERGY RESOURCE DEVELOPMENT
 * XB) to more than $1,100,000 but not more than $1,250,000 if (i)

SEC. 908. Subsection (a) of section 803 of the Military Construction Authorization Act, 1979 (Public Law 95-356; 92 Stat. 585), is amended 3o use ioo2a. to read as follows: "(a) The Secretary of each military department may develop, for the use or benefit of the Department of Defense, any geothermtd energy resource within lands under his jurisdiction, including public lands, if such development is in the public interest, as determined by the Secretary of the military department concerned, and will not deter commercial development and use of other portions of such resource if offered for leasing.".

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Page:United States Statutes at Large Volume 95.djvu/1412

 95 STAT. 1386

PUBLIC LAW 97-99—DEC. 23, 1981 AEROSPACE CORPORATION

!^??^ «r«o 10 USC 9503

SEC. 909. Section 609 of the MUitary Construction Authorization p^^^ i9gg (Public Law 89-188; 79 Stat. 818), is repealed. SALE OF TIMBER AND TIMBER PRODUCTS

10 USC 2665 ^°^-

SEC. 910. (a) Section 2665 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(e)(1) Each State in which is located a military installation or facility from which timber and timber products are sold in a fiscal year is entitled at the end of such year to an amount equal to 25 percent of (A) the amount received by the United States during such year as proceeds from the sale of timber and timber products produced on such installation or facility, less (B) the amount of reimbursement of appropriations of the Department of Defense under subsection (d) for all expenses of production of timber and timber products during such year attributable to such installation or facility. ''(2) The amount paid to a State pursuant to paragraph (1) shall be expended as the State l^islature may prescribe for the benefit of the public schools and public roads of the county or counties in which the military installation or facility is situated. "(3) In a case in which a military installation or facility is located in more than one State or coun^, the amount paid [pursuant to paragraph (1) shall be distributed in a manner proportional to the area of such installation or facility in each State or county.''. (b) Subsection (e) of section 2665 of title 10, United States Code, as added by subsection (a), shall apply with respect to timber and timber products sold after September 30, 1981. CONTINUED USE OF CERTAIN FORHiIER PUBLIC HEALTH SERVICE FACILITIES

42 USC 248c

SEC 911. (a) Any Public Health Service hospital or other station which was transferred to a public or nonprofit private entity pursuant to the provisions of section 987 of the Omnibus Budget Reconcili42 USC 248b. ation Act of 1981 (Public Law 97-35; 95 Stat. 603) shallbe deemed to be a facility of the uniformed services for the purposes of chapter 55 of 10 USC 1071 et title 10, United States Code, if such hospital or other station was, on ^9 ^ the day before the date of the transfer, a facility approved under such chapter to provide medical and dental care to members and former members of the uniformed services and their dependents. (b) The Secretary of Defense and the Secretary of Health and Human Services may tenmnate, for purposes of chapter 55 of title 10, United States Code, the approved status, of any facility described in subsection (a) to ftimish medical or dental care to members and former members of the uniformed services and their dependents at any time after the expiration of three years after the date of the transfer of such facility under section 987 of the Omnibus Budget Reconciliation Act of 1981. The termination of such status in the case of any such facility may be effected only by an order iointly issued by the Secretary of Defense and the Secretary of Health and Human Services which identifies the facility whose approved status is being terminated and specifies the date on which such status is being terminated. (c) The Secretary of Defense and the Secretary of Health and Human Services shall reimburse any facility described in subsection

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 PUBLIC LAW 97-99—DEC. 23, 1981

95 STAT. 1387

(a) for medical and dental care provided by such facility to members and former members of the uniformed services and their dependents who receive such care under chapter 55 of title 10, United States Code. The rates of reimbursement shall be negotiated and agreed lo use i07i et upon by the Sewetary of Defense, the Secretary of Health and ««9 Human Services, and the appropriate officials representing the facility concerned. The rates of reunbursement shall be based upon medical and dental care costs in the area in which the facility concerned is located. SPECIAL PROVISIONS RELATING TO THE EXPANSION OF FORT CARSON MILITARY INSTALLATION, COLORADO

SEC. 912. (a) Section 6(a) of the Act entitled "An Act to provide for certain payments to be made to local governments by the Secretary of the Interior based upon the amountOTcertain public lands within the boundaries of such locality", approved October 20, 1976 (90 Stat. 2665; 31 U.S.C. 1606), is amended— (1) by striking out "or" at the end of clause (4); (2) by adding "or" at the end of clause (5); and (3) by addini^ at the end thereof the following new clause: "(6) located m the vicinity of Puigatory River Canyon and Pinon Canyon, Colorado, and acquired after the date of the enactment of this clause by the Umted States for the purpose of expanding the Fort Carson military installation;". (b) llie Secretary of the Army shml adhere to all commitments made by the Secretary of the Army concerning environmental mitigation measures (including those r^arding salinity) that are contained in the final environmental impact statement on the proposed Fort Carson military installation land acquisition. LAND CONVEYANCE, CECIL COUNTY, MARYLAND

SEC. 913. (a) The Federal proper^ constituting the former Naval Surplus Training Center, Bainbrid^, Cecil County, Aaryland, is hereby §[s°^gjf' declared to be surplus property within the meaning of section 3(g) of ^ the Federal Property and Administrative Services Act of 1949, and 40 USC 472. the Administrator of General Services is authorized to dispose of that property under such Act. (b)(1) Proceeds from the disposition of property under this section shall be used by the Administrator to discnaiige any lien, encumbrance, contract claim, or other chaiige on or related to the proper^. (2) The Secretary of the Navy, after consultation with the Administrator, shall determine the form and amount of any compromise or settlement of any claim aEunst the United States with respect to the water agreement dated March 24, 1943, between the Umted States and the town of Port Deposit, Maryland. (c) The exact acreages and legped descriptions of the property declared to be excess property by subsection (a) shall be determined by surveys that are satisfactory to the Secretary of the Navy. LAND CONVEYANCE, LONG BEACH, CALIFORNIA

SEC 914. (a) The Secretary of the Army (hereinafter in this section referred to as the "Secretary") is authorized to convey to the city of Long Beach, California (hereinafter in this section reaerred to as the "city"), all right, title, and interest of the United States in and to a tract of land of varying width consisting of 0.7176 acres and extending

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Page:United States Statutes at Large Volume 95.djvu/1414

 95 STAT. 1388

PUBLIC LAW 97-99—DEC. 23, 1981

from the south boundary of the Long Beach Army Reserve Training Center, Long Beach, Califomia, north along the west boundary of such training center to Willow Street. (b) In consideration for the conveyance under subsection (a), the city shall convey to the United States all right, title, and interest of the city in and to a tract of land of varying width consisting of 0.7176 acres and coextensive with and immediately acijoinii^ the south boundary of the Long Beach Army Reserve Training Center, as established after the conveyance authorized in subsection (a). (c) The city shall pay to the United States an amount equal to the amount by which the fair market value (as determined by the Secretary) of the property to be conveyed by the United States to the city under subsection (a) exceeds the fair market value (as determined by the Secretary) of the property to be conveyed by the city to the United States under subsection (b). (d)(1) The exact acreages and legal descriptions of any property acquired or conveyed under subsection (a) or (b) shall be determined by surveys that are satisfactory to the Secretary. The cost of any such surv^shall be borne by the city. (2) The Secretary may require such additional terms and conditions with respect to the acquisition and conveyance autiiorized by this section as he considers appropriate to protect the interests of the United States. LAND CONVEYANCE, SOUTH CHARLESTON, WEST VIROINIA

SEC. 915. (a) Subject to subsection (b), the Secretary of Defense (hereinafter in this section referred to as the "Secretai^") is authorized to convey or cause to be conveyed to the city of South Charleston, West Viiginia (hereinafter in this section referred to as the "city"), all right, title, and interest of the United States in and to land, aggregating approximately eight acres, together with the improvements thereon, that is presently the location of the Reserve Centers of the Army, Navy, and Marine Corps and that previously was part of the Navy Ordnance Depot in South Charleston, West Virmnia. (b)(1) The conveyance authorized by subsection (a) shall be subject to the conditions— (A) that the city, pursuant to an agreement to be entered into between the city ana the Secretary, convey to the United States a tract of land consisting of approximately ten acres on completed Corridor "G" at Lillian Roads, South Charleston, West Virginisu (B) that such tract of land be served with access roads and utilities extended to the property line; (C) that the city construct facilities on such land suitable for use as a United States Armed Forces Reserve Center; and (D) that such facilities be designed and constructed in accordance with the requirements of, and subject to the approval of, the Secretary and be limited to those facilities required to complete the project within the boundaries of the rough graded site to be conveyed by the city. (2) The cost of the facilities to be constructed by the city (including the cost of architectural engineering design and inspection fees) shall be paid as follows: (A) The city shall pay the amount by which the appraised fair market value of the land and improvements conveyed by the Secretary under subsection (a) exceeds the fair market value of the land (in rough graded state) to be conveyed by the city to the United States.

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 PUBLIC LAW 97-99—DEC. 23, 1981

95 STAT. 1389

(B) The United States shall pay any remaining amount (after nayment by the dty as provided in subparagraph (A)) out of funds appropriated for the Reserve Forces for fiscal years after fiscal year 1981. (c) The legal description of properties to be conveved under subsections (a) and db) shall oe determined by surveys performed by the city and agreed to by the Secretary. (d) The use of funds for payment by the United States under subsection (b) shall be considered as use for the purchase of facilities authorized by chapter 133 of title 10» United States Code. lo use 2231 et (e) The Secretary may require such additional terms and conditions ^ ^ ^ as the Secrete^ considers appropriate to carry out the provisions of this section anato protect the mterests of the United States. (f) Before the conveyance authorized in subsection (a) is executed, Report to the Secretary shall report to the appropriate committees of the co^^^ttees Congress on the terms relating to such conveyance agreed upon by ""^^ the Secretary and the city. (g) Section 609 of the MQitary Construction Authorization Act, 1977 Repeals. (Public Law 94-431; 90 Stat. 1365), and section 813 of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1780), are repealed. LAND CONVEYANCE, SAN ANTONIO, TEXAS

SEC. 916. (a) The Secretary of the Navy (hereinafter in this section referred to as the "Secreta^') is authorized to convey to the dty of San Antonio, Texas (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 Naval and Marine Corps Reserve Center, San Antonio, Texas. Such conveyance shall be made subject to such terms and conditions as the Secretary considers appropriate, but may not be made until a replacement facility for such Reserve Center has been made available to the United States in accordance with subsection (b). (b)(l) In consideration for the conveyance authorized under subsection (a), the city shall make available to the Secretary funds in an amount equal to the fair market value, as determined by the Secretary, of the land and improvements to be conveyed by the Secretary under subsection (a). (2) As a further condition to the conveyance authorized under subsection (a), the city shall pay the cost of relocating all goods and equipment of the Reserve Center from the site of the Reserve Center referred to in subsection (a) to the site of the replacement facility. (c) Funds made available to the Secretary under subsection (b)(l) shall be used by the Secretary for the purchase of land for use as a site for the location of a replacement facility for the Reserve Center to be conveyed under subsection (a) or for the construction, renovation, repair, or improvement of a replacement fadliW for such Reaerve Onter, or for both the purchase of land ana the construction, renovation, repair, or improvement of a replacement facility. (d)(1) If the cost of a replacement facility is more than the fair market value of the existing Reserve Center facility referred to in subsection (a), the Secretary may pay the amount of the ^fiferenoe out of any funds am)ropriated for the acquisition of facilities for the Reserve Forces for fiscal years after fiscal year 1981. (2) If the cost of the replacement facility is less than the fair market value of the existing facility, the city shall pay the amount of the

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 95 STAT. 1390

PUBLIC LAW 97-99—DEC. 23, 1981

difFerence between such costs to the United States, and such amount shall be deposited in the Treasury as miscellaneous receipts. (e) The exact acreage and legal description of any land conveyed under this section shEiu be determined by surveys which are satidractory to the Secretary. (fKD The Secretsu^ is authorized to accept any land conveyed or any funds made available to the United States under subsection (b). Aiw such land shall be administered, and any such funds may be obligated and disbursed, by the Secretary for the purpose of providing a replacement Reserve Center facility for the facility referred to in subsection (a). (2) The authority under this section to place improvements on land (including site preparation) may be exercised before title to the land is approved under section 355 dPthe Revised Statutes (40 U.S.C. 255). Approved December 23, 1981.

LEGISLATIVE HISTORY—H.R. 3455 (S. 1408): HOUSE REPORTS: No. 97-44 (Comm. on Armed Services) and No. 97-362 (Comm. of SENATE REPORT No. 97-141 accompanying S. 1408 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 127 (1981): June 4, considered and passed House. Nov. 5, considered and peissed Senate, amended, in lieu of S. 1408. Dec. 8, House and Senate agreed to conference report.

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Page:United States Statutes at Large Volume 95.djvu/1417

 PUBLIC LAW 97-100—DEC. 23, 1981

95 STAT. 1391

Public Law 97-100 97th Congress An Act Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1982, and for other purposes.

Dec. 23, 1981 [H.R. 4035]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the followingDepartment of sums are appropriated, out of any money in the Treasury not the Interior and related agencies. otherwise appropriated, for the Department of the Interior and Appropriations, related agencies for the fiscal year ending September 30, 1982, and for fiscal year 1982. other purposes, namely: TITLE I—DEPARTMENT OF THE INTERIOR LAND AND WATER RESOURCES BUREAU OF LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other functions, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including administrative expenses associated with the management of funds provided under the heads "Oregon and California Grant Lands" and "Acquisition, Construction, and Maintenance", $370,131,000. ACQUISITION, CONSTRUCTION, AND MAINTENANCE

For acquisition of lands and interests therein, and construction and maintenance of buildings, recreation facilities, roads, trails, and appurtenant facilities, $12,720,000, to remain available until expended. PAYMENTS IN UEU OF TAXES

For expenses necessary to implement the Act of October 20, 1976 (31 U.S.C. 1601), $99,500,000, of which not to exceed $400,000 shall be available for administrative expenses: Provided, That this appropriation may be used to correct underpayments in the previous fiscal year to achieve equity among all qualified recipients. LAND ACQUISITION

For expenses necessary to carry out the provisions of sections 205 and 318(d) of Public Law 94-579 including administrative expenses and acquisition of lands or waters, or interest therein, $3,137,000, to be derived from the Land and Water Conservation Fund, to remain available until expended.

43 USC 1715, 1748.

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Page:United States Statutes at Large Volume 95.djvu/1418

 95 STAT. 1392

PUBLIC LAW 97-100—DEC. 23, 1981 OREGON AND CAUFORNIA GRANT LANDS

For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein including existing connecting roads on or adjacent to such grant lands; $54,988,000, to remain available until expended: Provided, That the amount appropriated herein for the purposes of this appropriation on lands administered by the Forest Service shall be transferred to the Forest Service, Department of Agriculture: Provided further, That the amount appropriated herein for road construction on lands other than those administered by the Forest Service shall be transferred to the Federal Highway Administration, Department of Transportation: Provided further. That twenty-five per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land grant fund and shall be transferred to the General Fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876). RANGE IMPROVEMENTS

43 USC 1751. 43 USC 315b, ^^^^-

For rehabilitation, protection, acquisition of lands and interests therein, and improvement of Federal range lands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), sums equal to fifty per centum of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315, et seq.), but not less than $10,000,000 (43 U.S.C. 1901), and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, to remgiin available until expended: Provided, That not to exceed $675,000 shall be available for administrative expenses. SERVICE CHARGES, DEPOSITS, AND FORFEITURES

43 USC 1734, 30^us^i85 43 u s e 1652.

43 USC 1737. 43 USC 1721.

For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under sections 304(a), 304(b), 305(a), and 504(g) of the Act approved October 21, 1976 (43 U.S.C. 1701); and sections 101 and 203 Public Law 93-153, to be immediately available until expended. MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under existing law, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act.

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 PUBLIC LAW 97-100—DEC. 23, 1981

95 STAT. 1393

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be available for purchase, erection, and dismantlement of temporary structures, insurance on official motor vehicles, aircraft, and boats operated by the Bureau of Land Management in Canada; and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; $10,000 for payment, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the United States Bureau of Land Management; miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $10,000: Provided, That appropriations herein made for the Bureau of Land Management expenditures in connection with the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands (other than expenditures made under the appropriation "Oregon and California grant lands") shall be reimbursed to the General Fund of the Treasury from the 25 per centum referred to in subsection (c), title II, of the Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the "Oregon and California land grant fund" and section 4 of the Act approved May 24, 1939 (53 Stat. 754), of the special fund designated the Coos Bay Wagon Road grant ^3 USC ii8if-4. fund": Provided further, That appropriations herein made may be expended on a reimbursable basis for (1) surveys of lands other than those under the jurisdiction of the Bureau of Land Management, and (2) protection of lands for the State of Alaska: Provided further, That 43 USC 1752 the Secretary of the Interior shall develop criteria for extending, on a "°^case-by-case basis, the period allowed for phased livestock reductions on public rangelands administered through the Bureau of Land Management up to five years. Such criteria shall take into account available agricultural assistance programs, the magnitude of projected livestock reductions, alternative pasturage available, and ability of such public rangelands to sustain such phasing in of livestock reductions without damage to rangeland productivity: Provided further, That an appeal of any reductions in grazing allotments on public rangelands must be taken within 30 days after receipt of a final grazing allotment decision or 90 days after the effective date of this Act in the case of reductions ordered during 1979, whichever occurs later. Reductions of up to 10 per centum in grazing allotments shall become effective when so designated by the Secretary of the Interior. Upon appeal any proposed reduction in excess of 10 per centum shall be suspended pending final action on the appeal, which shall be completed within 2 years after the appeal isfiled:Provided further, That, none of the funds provided in this Act to the Bureau of Land Management may be expended to determine suitability or nonsuitability for wilderness or for any wilderness study area designation as directed in 43 U.S.C. 1782 of the Federal Land Policy and Management Act of the lands withdrawn by the Executive Order numbered 3767 of December 19, 1922, to be used by the United States Department of Agriculture for a sheep experiment station. OFFICE OF WATER RESEARCH AND TECHNOLOGY SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the Water Research and Development Act of 1978 (Public Law 95-467) and 42 USC 780i note.

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text:
Page:United States Statutes at Large Volume 95.djvu/1420

 95 STAT. 1394

PUBLIC LAW 97-100—DEC. 23, 1981

provisions of Public Law 95-84, as amended (42 U.S.C. 1959-1959i), $11,194,000, of which $2,955,000 shall remain available for obligation until September 30, 1983. FISH AND WILDLIFE AND PARKS UNITED STATES FISH AND WILDLIFE SERVICE RESOURCE MANAGEMENT

JlV^^n.

1701-1706.

For expenses necessary for scientific and economic studies, conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, except whales, seals, and sea lions, and for the performance of other authorized functions related to such resources; and maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge, including administrative expenses associated with the management of funds provided under the head "Construction and Anadromous Fish", and up to $3,000,000 but not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as if authorized by the Act of August 13, 1970, as amended by Public Law 93-408, $229,531,000: Provided, That funds in this appropriation may be used to issue regulations that will permit modification to the habitat of a threatened or endangered species when the net effect of the modification is equal to, favorable to, and not adverse to the protection of the species. CONSTRUCTION AND ANADROMOUS FISH

For construction and acquisition of buildings and other facilities required in the conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, and the acquisition of lands and interests therein; and for expenses necessary to carry out the Anadromous Fish Conservation Act (16 U.S.C. 757a-757f); $6,961,000, to remain available until expended. M I G R A TO R Y B I R D CONSERVATION

ACCOUNT

For an advance to the migratory bird conservation account, as authorized by the Act of October 4, 1971, as amended (16 U.S.C. 715k-3,5), $1,250,000, to remain available until expended. LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. iLV^9 ^^^^-^— 4601-4-11), including administrative expenses, and for acquisition of 460/-11. land or waters, or interest therein, in accordance with statutory authority applicable to the United States Fish and Wildlife Service, $17,178,000, to be derived from the Land and Water Conservation Fund, to remain available until expended. NATIONAL WILD REFUGE FUND

For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $6,000,000.

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Page:United States Statutes at Large Volume 95.djvu/1421

 PUBLIC LAW 97-100—DEC. 23, 1981

95 STAT. 1395

ADMINISTRATIVE PROVISIONS

Appropriations and funds available'to the United States Fish and Wildlife Service shall be available for purchase of not to exceed 120 passenger motor vehicles, of which 107 are for replacement only (including 49 for police-type use); purchase of 3 new aircraft for replacement only; not to exceed $100,000 for payment, at the discretion of the Secretary, for information, rewards, or evidence concerning violations of laws administered by the United States Fish and Wildlife Service; miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $100,000; insurance on official motor vehicles, aircraft and boats operated by the United States Fish and Wildlife Service in Mexico and Canada; repair of damage to public roads within and adjacent to reservation areas caused by operations of the United States Fish and Wildlife Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are not inconsistent with their primary purpose; and the maintenance and improvement of aquaria, buildings and other facilities under the jurisdiction of the United States Fish and Wildlife Service and to which the United States has title, and which are utilized pursuant to law in connection with management and investigation offish and wildlife resources. NATIONAL PARK SERVICE OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), including not to exceed $372,000 for the Roosevelt Campobello International Park Commission, including administrative expenses associated with the management of funds provided under the heads "Construction" and "John F. Kennedy Center for the Performing Arts", and up to $3,000,000 but not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as if authorized by the Act of August 13, 1970, as amended by Public Law 93-408, $534,252,000 without regard to the Act of 16 USC August 24, 1912, as amended (16 U.S.C. 451): Provided, That not to I'^ori'^oe. exceed $5,000,000 may be available for operation of the National Visitor Center and of that amount not to exceed $3,500,000 may be used for payment of rent: Provided further. That the Park Service 16 USC 20b note. shall not enter into future concessionaire contracts, including renewals, that do not include a termination for cause clause that provides for possible extinguishment of possessory interests excluding depreciated book value of concessionaire investments without compensation: Provided further. That appropriations for maintenance and improvement of roads within the boundary of Indiana Dunes National Lakeshore shall be available for such purposes without regard to whether title to such road rights-of-way is in the United States: Provided further. That $85,000 shall be available for the National Park Service to assist the Town of Harpers Ferry, West Virginia, for police force use.

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Page:United States Statutes at Large Volume 95.djvu/1422

 95 STAT. 1396

PUBLIC LAW 97-100—DEC. 23, 1981 NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental and compliance review, and grant administration, not otherwise provided for, $12,888,000: Provided, That the unexpended balances of the Heritage Conservation and Recreation Service appropriation "Salaries and expenses" and grant administration unexpended balances of the "Historic Preservation Fund" and "Urban Park and Recreation Fund" shall be merged with this appropriation. URBAN PARK AND RECREATION FUND

16 USC 2502.

For supplemental grants to existing "innovation grants" made under authority of section 1003 of the Urban Park and Recreation Recovery Act of 1978 (title 10 of Public Law 95-625), $8,000,000, to remain available until expended. HISTORIC PRESERVATION FUND

I6 USC 470h.

For expenses necessary in carrying out the provisions of the Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 470), $26,500,000, to be derived from the Historic Preservation Fund, established by section 108 of that Act, as amended, to remain available for obligation until September 30, 1983: Provided, That of the amount included in this head, not to exceed $1,500,000 shall be used to reimburse fiscal year 1981 costs of those nine States which did not receive their full survey and planning grants in that year. CONSTRUCTION

For construction, improvements, repair or replacement of physical facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), $88,721,000, to remain available until expended. LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. IfinV^? 460/-4— 4601-4-11), including administrative expenses, and for acquisition of 460/-11. j^jjjj Qj. waters, or interest therein, in accordance with statutory authority applicable to the National Park Service, $107,773,000, to be derived from the Land and Water Conservation Fund, to remain available until expended. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

For expenses necessary for operating and maintaining the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, $4,315,000. ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available for the purchase of not to exceed 188 passenger motor vehicles, of which 149 shall be for replacement only, including not to exceed 125 for police-type use and 25 buses; ana to provide, notwithstanding any other provision of law, at a cost not exceeding $100,000, transportation for children in nearby communities to and from any unit of the

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text:
Page:United States Statutes at Large Volume 95.djvu/1423

 PUBLIC LAW 97-100—DEC. 23, 1981

95 STAT. 1397

National Park System used in connection with organized recreation and interpretive programs of the National Park Service; and options for the purchase of land at not to exceed $1 for each option: Provided, That any funds available to the National Park Service may be used, with the approval of the Secretary, to maintain law and order in emergency and other unforeseen law enforcement situations and conduct emergency search and rescue operations in the National Peu'k System; and to provide insurance on official motor vehicles and aircraft operated by the National Park Service in Mexico and Canada: Provided further. That none of the funds appropriated to the National Park Service may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided further. That none of the funds appropriated to the National Park Service may be used to add industrial facilities to the list of National Historic Landmarks without the consent of the owner: Provided further. That none of the funds appropriated to the National Park Service shall be used to phase out livestock grazing as provided for in section 3 of Public Law 92-207 (85 Stat. 739). 16 USC 273b. ENERGY AND MINERALS GEOLOGICAL SURVEY SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the Geological Survey to perform surveys, investigations, and research covering topography, geology, and the mineral and water resources of the United States, its Territories and possessions, and other areas as authorized by law (43 U.S.C. 31, 1332, and 1340); classify lands as to mineral character and water and power resources, give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; enforce departmental regulations applicable to oil, gas, and other mining leases, permits, licenses, and operating contracts; control the interstate shipment of contraband oil as required by law (15 U.S.C. 715); administer the minerals exploration program (30 U.S.C. 641); and publish and disseminate data relative to the foregoing activities; $515,151,000, of which $44,727,000 shall be available only for cooperation with States or municipalities for water resources investigations: Provided, That no part of this appropriation shall be used to pay more 43 USC 50. than one-half the cost of any topographic mapping or water resources investigations carried on in cooperation with any State or municipality. EXPLORATION OF NATIONAL PETROLEUM RESERVE IN ALASKA

For necessary expenses of carrying out the provisions of section 104 of Public Law 94-258, $2,288,000, to remain available until expended. 42 USC 6504. ADMINISTRATIVE PROVISIONS

The amount appropriated for the Geological Survey shall be available for purchase of not to exceed 19 passenger motor vehicles for replacement only; reimbursement to the General Services Administration for security guard services; contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of

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Page:United States Statutes at Large Volume 95.djvu/1424

 95 STAT. 1398

PUBLIC LAW 97-100—DEC. 23, 1981

necessary buildings and appurtenant facilities; acquisition of lands for observation wells; expenses of the United States National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Geological Survey appointed, as authorized by law, to represent the United States in the negotiation and administration of interstate compacts. BUREAU OF MINES MINES AND MINERALS

For expenses necessary for conducting inquiries, technological investigations and research concerning the extraction, processing, use and disposal of mineral substances without objectionable social and environmental costs; to foster and encourage private enterprise in the development of mineral resources and the prevention of waste in the mining, minerals, metal and mineral reclamation industries; to inquire into the economic conditions affecting those industries; to promote health and safety in mines and th^ mineral industry through research; and for other related purposes as authorized by law, $151,964,000, of which $9,629,000 shall be available to carry out the provisions of title III of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1221), and of which $108,161,000 shall remain available until expended. ADMINISTRATIVE PROVISION

The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies. Federal, State, or private: Provided, That the Bureau of Mines is authorized, during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT REGULATION AND TECHNOLOGY

30 USC 1201 ^°^-

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, $60,953,000, including the purchase of not to exceed 10 passenger motor vehicles for replacement only. ABANDONED MINE RECLAMATION FUND

80 USC 1231.

30 USC 1233.

For necessary expenses to carry out the provisions of title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not more than 15 passenger motor vehicles for replacement only, to remain available until expended, $106,335,000, of which $16,000,000 shall be available to the Bureau of Mines to carry out research, demonstration, and reclamation projects authorized by section 403, Public Law 95-87, to be derived from receipts of the Abandoned Mine Reclamation Fund.

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Page:United States Statutes at Large Volume 95.djvu/1425

 PUBLIC LAW 97-100—DEC. 23, 1981

95 STAT. 1399

INDIAN AFFAIRS BUREAU OF INDIAN AFFAIRS OPERATION OF INDIAN PROGRAMS

For expenses necessary to provide education and welfare services for Indiaiis, either directly or in cooperation with States and other organizations, including payment (in advance or from date of admission) of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order and payment of rewards for information or evidence concerning violations of law on Indian reservation lands or treaty fishing rights tribal use areas; management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts shops and museums; development of Indian arts and crafts, as authorized by law; and for the general administration of the Bureau of Indian Affairs, including such expenses in field offices, $835,646,000, of which not to exceed $4,000,000 shall be available for grants to the Navajo Community College, pursuant to 25 U.S.C. 640C-1, as amended, and, of which not to exceed $57,349,000 for 25 USC 640c-i. higher education scholarships and assistance to public schools under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall remain available for obligation until September 30, 1983, and the funds made available to tribes and trilbal organizations through contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.) shall remain available until September 30, 1983: Provided, That this carryover authority does not e ^ n d to programs directly operated by the Bureau of Inaian Affairs; and includes expenses necessary to carry out the provisions of section 19(a) of Public Law 93-531, 25 USC 640d-i8. $4,352,000, to remain available until expended: Provided further. That none of these funds shall be expended as matching funds for programs funded under section 103(a)(l)(B)(iii) of the Vocational Education Act of 1963, as amended (20 U.S.C. 2303(a)(l)(B)(iii)) by the Act of June 3, 1977 (Public Law 95-40): Provided further. That notwithstanding the provisions of section 6 of said Act of April 16, 1934, as added by section 202 of the Indian Education Assistance Act (88 Stat. 2213, 2214; 25 U.S.C. 457) funds appropriated pursuant to this or any other Act for fiscal years ending September 30 of 1981 and 1982 may be utilized to reimburse school districts for up to the full per capita cost of educating Indian students (1) who are normally residents of the State in which such school districts are located but do not normally reside in such districts, and (2) who are residing in Federal boarding facilities for the purpose of attending public schools within such districts. CONSTRUCTION

For construction, major repair and improvement of irrigation and power systems, buildings, utilities, and other facilities; acquisition of lands and interests in lands; preparation of lands for farming; and architectural and engineering services by contract, $97,529,000, to remain available until expended: Provided, That such amounts as Transfer of funds.

9-194 0—82

90:QL3

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Page:United States Statutes at Large Volume 95.djvu/1426

 95 STAT. 1400

PUBLIC LAW 97-100—DEC. 23, 1981

may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation. ROAD CONSTRUCTION

For construction of roads and bridges pursuant to authority contained in 23 U.S.C. 203, the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13), and the Act of May 26, 1928 (45 Stat. 750; 25 U.S.C. 318a), $49,125,000, to remain available until expended. TRIBAL TRUST FUNDS

18 USC 4124

note

25 USC 155b.

In addition to the tribal funds authorized to be expended by existing law, there is hereby appropriated not to exceed $3,000,000 from tribal funds not otherwise available for expenditure for the benefit of Indians and Indiem tribes, including pay and travel expenses of employees; care, tuition, and other assistance to Indian children attending public and private schools (which may be paid in advance or from date of admission); purchase of land and improvements on land, title to which shall be taken in the name of the United States in trust for the tribe for which purchased; lease of lands and water rights; compensation and expenses of attorneys and other persons employed by Indian tribes under approved contracts; pay, travel, and other expenses of tribal ofHicers, councils, and committees thereof, or other tribal organizations, including mileage for use of privately owned automobiles and per diem in lieu of subsistence at rates established administratively but not to exceed those applicable to civilian employees of the Government; relief of Indians, without regard to section 7 of the Act of May 27, 1930 (46 Stat. 391), including cash grants: Provided, That in addition to the amount appropriated herein, tribal funds may be advanced to Indian tribes during the current fiscal year for such purposes as may be designated by the governing body of the particidar tribe involved and approved by the Secretary: Provided further, That (except in the case of funds held in trust for Indian tribes or individuals) the funds available for expenditure under the ''Indian moneys, proceeds of labor" accounts authorized by the Act of May 17, 1926 (Chap. 309,44 Stat. 560; 25 U.S.C. 155); the Act of March 3, 1883 (22 Stat. 582) in the fifth paragraph under the heading "INDIAN AFFAIRS" (22 Stat. 590; 25 U.S.C. 155); and the Act of March 2, 1887 (24 Stat. 449) in the first paragraph under the heading "MISCELLANEOUS" (24 Stat. 463; 25 U.S.C. 155) may be expended until September 30, 1982 for any purpose for which funds are appropriated under the subheading "Operation of Indian Programs". On September 30, 1982, the balance of such accounts (except for the funds held in trust for Indian tribes or individuals, and not to exceed $10,000,000 which shall be available until expended by eligible tribes for purposes approved by the Bureau of Indian Affairs) shall be deposited into miscellaneous receipts of the Treasury to offset outlays of the Bureau of Indian Affairs and thereafter no funds shall be deposited in such accounts other than funds held in trust for Indian tribes or individuals. REVOLVING FUND FOR LOANS

During fiscal year 1982, and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $14,770,000.

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Page:United States Statutes at Large Volume 95.djvu/1427

 PUBLIC LAW 97-100—DEC. 23, 1981

95 STAT. 1401

INDIAN LOAN GUARANTY AND INSURANCE FUND

During fiscal year 1982, and within the resources and authority available, total commitments to guarantee loans shall not exceed $27,630,000 of contingent liability for loan principal. ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans) shall be available for expenses of exhibits; purchase of not to exceed 280 passenger carrying motor vehicles of which 180 shall be for replacement only, which may be used for the transportation of Indians; advance payments for services (including services which may extend beyond the current fiscal year) under contracts executed pursuant to the Act of June 4, 1936 (25 U.S.C. 452), the Act of August 3, 1956 (25 U.S.C. 309), and legislation terminating Federal supervision over certain Indian tribes; and expenses required by continuing or permanent treaty provisions: Provided, That no part of any appropriation to the Bureau of Indian Affairs shall be available to continue academic and residential programs of the Chilocco, Seneca, and Fort Sill boarding schools, Oklahoma; and Stewart boarding school, Nevada: Provided further. That no part of any appropriation to the Bureau of Indian Affairs shall be used to subject the transportation of school children to any limitation on travel or transportation expenditures for Federal employees. TERRITORIAL AFFAIRS ADMINISTRATION OP TERRITORIES

For expenses necessary for the administration of Territories under the jurisdiction of the Department of the Interior, $89,679,000, of which (1) not to exceed $84,352,000 shall be available for grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to American Samoa, in addition to current local revenues, for support of governmental functions; grants to Guam, as authorized by law (48 U.S.C. 1428-1428e; Public Law 95-134; 91 Stat. 1161, 1162, 1163; Public Law 95-348; 92 Stat. 487, 488); grants to the Government of the Virgin Islands as authorized by law (Public Law 95-348, 92 Stat. 490); direct grants to the Government of the Northern Mariana Islands as authorized by law (Public Law 94-241, 90 Stat. 272 and Public Law 96-205,94 Stat. 86), to remain available until expended; and (2) not to exceed $5,327,000 shall be available for expenses of the offices of the Government Comptroller for the Virgin Islands, the Government Comptroller for Guam, Trust Territory of the Pacific Islands, the Northern Mariana Islands, and the Government Comptroller for American Samoa, as authorized by law (Public Law 95-134, 91 Stat. 1161, 1162; Public Law 96-205, 94 Stat. 85, 90), and for salaries and expenses of the Office of Territorial Affairs, and for expenses of the Northern Mariana Islands Federal Laws Commission as authorized by law (Public Law 94-241, 90 Stat. 268): Provided, That the 48 USC i40if, Territorial and local governments herein provided for are authorized ^^^^^^ i^^^to make purchases through the General Services Administration: Providedjiirther, That appropriations available for the administra- 48 USC I470a. tion of Territories may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary

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text:
Author:Hinckley Gilbert Thomas Mitchell

Works

 * The World before Abraham, 1901
 * Amos: An Essay in Exegesis
 * Haggai, Zechariah, Malachi and Jonah
 * The Ethics of the Old Testament

title: Author:Hinckley Gilbert Thomas Mitchell


text:
Page:United States Statutes at Large Volume 95.djvu/1428

 95 STAT. 1402 48 USC 1469b.

31 USC 1. 31 USC 65 note,

PUBLIC LAW 97-100—DEC. 23, 1981

to be necessary: Provided further, That all financial transactions of the Territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or utilized by such governments, shall be audited by the General Accounting Office, in accordance with the provisions of the Budget and Accounting Act, 1921 (42 Stat. 23), as amended, and the Accounting and Auditing Act of 1950 (64 Stat. 834). TRUST TERRITORY OF THE PACIFIC ISLANDS

48 USC 1683.

48 USC 1682. 48 USC 1687.

For expenses necessary for the Department of the Interior in administration of the Trust Territory of the Pacific Islands pursuant to the Trusteeship Agreement approved by joint resolution of July 18, 1947 (61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), as amended (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495), grants for the expenses of the High Commissioner of the Trust Territory of the Pacific Islands; grsmts for the compensation and expenses of the Judiciary of the Trust Territoiy of the Pacific Islands; grants to the Trust Territory of the Pacific Islands in addition to local revenues, for support of governmental functions; $79,330,000, to remain available until expended: Provided, That all financial transactions of the Trust Territory, including such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, shall be audited by the General Accounting Office in accordance with the provisions of the Budget and Accounting Act, 1921 (42 Stat. 23), as amended, and the Accounting and Auditing Act of 1950 (64 Stat. 834): Provided further. That the government of the Trust Territory of the Pacific Islands is authorized to make purchases through the General Services Administration: Provided further. That appropriations available for the administration of the Trust Territory of the Pacific Islands may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary in carrying out the provisions of articles 6(2) of the Trusteeship Agreement approved by Congress. SECRETARIAL OFFICES OFFICE OF THE SOUCITOR SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor, $18,333,000. OFFICE OF THE SECRETARY DEPARTMENTAL MANAGEMENT

For necessary expenses of the Office of the Secretary of the Interior, including necessary expenses for certain operations that provide departmentwide services, $42,434,000, of which not to exceed $5,000 may be for official reception and representation expenses. C O N S T R U C T I O N MANAGEMENT

For necessary expenses of the Office of (Construction Management, $4,000,000, to remain available for obligation until September 30, 1983.

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