text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/347

, PUBLIC LAW 98-407—AUG. 28, 1984 OUTSIDE THE UNITED STATES MILITARY AIRUFT COMMAND

Lajes Field, Portugal, $4,550,000. Sidi Slimane, Morocco, $2,050,000. Rhein-Main Air Base, Germany, $2,940,000. PACIFIC AIR FORCES

Kadena Air Base, Japan, $19,750,000. Misawa Air Base, Japan, $20,000,000. Yokota Air Base, Japan, $1,000,000. Kimhae Air Base, Korea, $253,000. Kunsan Air Base, Korea, $11,600,000. Kwang-Ju Air Base, Korea, $4,460,000. Osan Air Base, Korea, $30,490,000. Sachon Air Base, Korea, $1,100,000. Suwon Air Base, Korea, $3,990,000. Taegu Air Base, Korea, $4,950,000. Diego Garcia Air Base, Indian Ocean, $16,100,000. Clark Air Base, Republic of the Philippines, $42,125,000. Base 11, classified location, $6,100,000. Base 14, classified location, $1,700,000. Wake Island Airfield, Wake Island, $1,235,000. SPACE COMMAND

Thule Air Base, Greenland, $25,000,000. STRATEGIC AIR COMMAND

Andersen Air Force Base, Guam, $13,342,000. TACTICAL AIR COMMAND

Howard Air Force Base, Panama, $360,000. Oman, various locations, $26,900,000. UNITED STATES AIR FORCES IN EUROPE

Camp New Amsterdam, The Netherlands, $4,510,000. Woensdrecht Air Base, The Netherlands, $2,650,000. Alzey Radar Site, Germany, $3,150,000. Bitburg Air Base, Germany, $4,350,000. Classified location, Germany, $600,000. Various locations, Germany, $14,600,000. Ramstein Air Base, Germany, $8,650,000. Spangdahlem Air Base, Germany, $420,000. Wenigerath Air Base, Germany, $2,475,000. Wiesbaden Air Base, Germany, $650,000. Zweibrucken Air Base, Germany, $3,785,000. Aviano Air Base, Italy, $1,600,000. Comiso Air Station, Italy, $2,365,000. Florennes, Belgium, $1,290,000. San Vito Air Station, Italy, $2,250,000. Torrejon Air Base, Spain, $9,750,000. Zaragoza Air Base, Spain, $1,100,000. Ankara Air Station, Turkey, $1,100,000.

98 STAT. 1507

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/348

 98 STAT. 1508

PUBLIC LAW 98-407—AUG. 28, 1984 Incirlik Air Base, Turkey, $2,600,000. RAF Alconbury, United Kingdom, $5,395,000. RAF Chicksands, United Kingdom, $3,550,000. RAF Greenham Common, United Kingdom, $12,000,000. RAF Lakenheath, United Kingdom, $2,100,000. RAF Mildenhall, United Kingdom, $4,900,000. RAF Upper Heyford, United Kingdom, $5,210,000. RAF Welford, United Kingdom, $740,000. RAF Woodbridge, United Kingdom, $2,050,000. RAF Molesworth, United Kingdom, $15,004,000. Base 13, classified location, $2,050,000. Base 19, classified location, $2,850,000. Classified locations, $2,100,000. Various locations, Europe, $16,400,000. FAMILY HOUSING

SEC. 302. The Secretary of the Air Force may construct or acquire family housing units (including land acquisition) at the following installations in the number of units shown, and in the amount shown, for each installation: Fort MacArthur, California, one hundred and forty units, $15,100,000. Hanscom Air Force Base, Massachusetts, Trailer Park Expansion, $500,000. Conrad Air Force Station, Montana, forty units, $3,705,000. F. E. Warren Air Force Base, Wyoming, two hundred and sixty-five units, $17,343,000. Comiso, Italy, five hundred and seventy-six units, $50,070,000. Osan Air Base, Korea, Utilities Expansion, $2,700,000. RAF Greenham Common, United Kingdom, two hundred and fifty units, $22,441,000. RAF Alconbury, United Kingdom, three hundred units, $27,410,000. RAF Bentwaters, United Kingdom, two hundred units, $20,163,000. Classified location. Federal Republic of Germany, one hundred and eighty units, $17,386,000. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS

SEC. 303. (a) Subject to section 2825 of title 10, United States Code, the Secretary of the Air Force may make expenditures to improve existing military family housing units in an amount not to exceed $62,173,000, of which $23,751,000 is available only for energy conservation projects. Ob) The Secretary of the Air Force may, notwithstanding the maximum amount per unit for an improvement project under section 28250b) of title 10, United States Code, carry out projects to improve existing military family housing units at the following installations in the number of units shown, and in the amount shown, for each installation: Bergstrom Air Force Base, Texas, one hundred and fifty-six units, $4,642,000. Moody Air Force Base, Georgia, one hundred and six units, $2,772,000.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/349

 PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1509

Scott Air Force Base, niinois, two hundred and fifty units, $8,820,000. TITLE IV—DEFENSE AGENCIES AUTHORIZED CONSTRUCTION PROJECTS AND LAND ACQUISITION FOR THE DEFENSE AGENCIES

SEC. 401. The Secretary of Defense may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations: INSIDE THE UNITED STATES DEFENSE LOGISTICS AGENCY

Defense Fuel Support Point, Adak, Alaska, $6,730,000. Defense Fuel Support Point, Whittier, Alaska, $12,170,000. Defense Property Disposal Office, Fairbanks, Alaska, $1,800,000. Defense Property Disposal Office, Robins Air Force Base, Georgia, $2,500,000. Defense Property Disposal Office, Pearl Harbor Naval Shipyard, Hawaii, $1,950,000. Defense Fuel Support Point, Grand Forks, North Dakota, $475,000. Defense Fuel Support Point, Cincmnati, Ohio, $2,600,000. Defense Depot, Mechanicsburg, Pennsylvania, $18,000,000. Defense Fuel Support Point, Mukilteo, Washington, $500,000. DEFENSE MAPPING AGENCY

Hydn^raphic/Topc^aphic $20,100,000.

Center,

Brookmont,

NATIONAL SECURITY AGENCY

Fort Meade, Maryland, $16,920,000. Rosman, North Carolina, $500,000. aassified location, $500,000. OFFICE OF THE SECRETARY OF DEFENSE

Presidio of Monterey, California, $22,475,000. White Sands Missile Range, New Mexico, $9,000,000. aassified activity. Fort Belvoir, Virginia, $28,400,000. aassified location, $5,900,000. DEFENSE INVESTIGATIVE SERVICE

Fort Holabird, Maryland, $220,000. DEFENSE NUCLEAR AGENCY

Fort Mcaellan, Alabama, $1,000,000. DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS

Maxwell Air Force Base, Alabama, $1,700,000. Fort Benning, Georgia, $5,600,000. Fort Campbell, Kentucky, $7,500,000.

Maryland,

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/350

 98 STAT. 1510

PUBLIC LAW 98-407—AUG. 28, 1984

Fort Knox, Kentucky, $21,961,000. United States Military Academy, West Point, New York, $3,650,000. Fort Bragg, North Carolina, $5,600,000. Fort Jackson, South Carolina, $7,372,000. OUTSIDE THE UNITED STATES DEFENSE LOGISTICS AGENCY

Defense Fuel Support Point, Pohang, Korea, $15,800,000. Defense Fuel Support Point, Roosevelt Roads, Puerto Rico, $10,675,000. OFFICE OF THE SECRETARY OF DEFENSE

Classified location, $12,900,000. NATIONAL SECURITY AGENCY

Classified locations, $5,200,000. DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS

Amberg, Germany, $1,610,000. Bad Kreuznach, Germany, $3,170,000. Bad Nauheim, Germany, $1,040,000. Bindlach, Germany, $1,510,000. r, Crailsheim, Germany, $1,430,000. "* *"" '^ Frankfurt, Germany, $10,020,000. Goeppingen, Germany, $1,790,000. Hahn Air Base, Germany, $2,450,000. K^'^K Katterbach, Germany, $3,260,000. Ludwigsburg, Germany, $1,830,000. >.t Mannheim, Germany, $3,260,000. Neubrueke, Germany, $2,330,000. Osterholz-Scharmbeck, Germany, $820,000. Rhein-Main Air Base, Germany, $1,830,000. Ulm, Germany, $2,560,000. Wiesbaden, Germany, $720,000. - ''^* *^^' Wertheim, Germany, $1,800,000. Worms, Germany, $1,930,000. Wuerzberg, Germany, $2,297,000. Naval Station, Keflavik, Iceland, $2,890,000. Comiso, Italy, $11,290,000. Camp Kinser, Japan, $5,410,000. Camp McTureous, Japan, $5,220,000. Zukeran, Japan, $2,250,000. Seoul, Korea, $1,130,000. Brunssum, Netherlands, $2,440,000. Subic Bay, Republic of the Philippines, $2,950,000. Clark Air Base, Republic of the Philippines, $4,970,000. RAF Chicksands, United Kingdom, $810,000. RAF Greenham Common, United Kingdom, $10,410,000. RAF High Wycombe, United Kingdom, $5,270,000. RAF Woodbridge, United Kingdom, $1,380,000.

•^' ^ t-.rf.-,*^A .

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/351

 PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1511

FAMILY HOUSING

SEC. 402. The Secretary of Defense may construct or acquire six family housing units (including land acquisition) at classified locations in the total amount of $693,000. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS

SEC. 403. Subject to section 2825 of title 10, United States Code, the Secretary of Defense may make expenditures to improve existing military family housing units in an amount not to exceed $107,000. ,i*':M

DEFICIENCY AUTHORIZATION FOR EXISTING APPROPRIATIONS

SEC. 404. Section 604(a) of the Military Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat. 779), is amended by striking out "$306,386,000", "$90,572,000", and "$143,070,000" and inserting in lieu thereof "$334,646,000", "$105,572,000", and "$156,330,000'^ respectively. TITLE V—NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE AUTHORITY OF THE SECRETARY OF DEFENSE TO MAKE CONTRIBUTIONS

SEC. 501. The Secretary of Defense may make contributions for the North Atlantic Treaty Organization infrastructure program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the amount authorized to be appropriated in section 605. TITLE VI—AUTHORIZATION OF APPROPRIATIONS AND RECURRING ADMINISTRATIVE PROVISIONS

'?.^T.tfijB?<

AUTHORIZATION OF APPROPRIATIONS, ARMY

SEC. 601. (a) Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1984, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $3,140,884,000 as follows: (1) For projects authorized by section 101 that are to be carried out inside the United States, $1,076,307,000. (2) For projects authorized by section 101 that are to be carried out outside the United States, $428,820,000. (3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $33,000,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $170,000,000. (5) For military family housing functions— (A) for construction and acquisition of military family housing and facilities, $166,003,000; and (B) for support of military family housing, $1,266,754,000, of which not more than $129,000 may be obligated or expended for the leasing of military family housing units in the United States, the Commonwealth of Puerto Rico, and

97 Stat. 785.

,. c

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/352

 98 STAT. 1512

Post, p. 1521.

PUBLIC LAW 98-407—AUG. 28, 1984

Guam, and not more than $107,378,000 may be obligated or expended for the leasing of military family housing units in foreign countries. OJ) Funds appropriated to the Department of Defense for fiscal years before fiscal year 1985 for military construction functions of the Army that remain available for obligation are hereby authorized to be made available, to the extent provided in appropriation Acts (1) for military construction projects authorized in section 101 in the amount of $198,800,000, and (2) for military family housing projects authorized in section 102 in the amount of $20,000,000. (c) Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variations authorized by law, the total cost of all projects carried out under section 101 may not exceed the sum of the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a) and the amount specified in subsection (b). AUTHORIZATION OF APPROPRIATIONS, NAVY

97 Stat. 785.

'''

Post, p. 1521.

SEC. 602. (a) Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1984, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,288,803,000 as follows: (1) For projects authorized by section 201 that are to be carried out inside the United States, $1,223,017,000. (2) For projects authorized by section 201 that are to be carried out outside the United States, $173,300,000. (3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $19,000,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $150,000,000. (5) For advances to the Secretary of Transportation for construction of defense access roads under section 210 of title 23, United States Code, $4,000,000. (6) For military family housing functions— (A) for construction and acquisition of military family housing and facilities, $126,500,000; and (B) for support of military family housing, $592,986,000, of which not more than $28,000 may be obligated or expended for the leasing of military family housing units in the United States, the Commonwealth of Puerto Rico, and Guam, and not more than $20,052,000 may be obligated or expended for the leasing of military family housing units in foreign countries. (b) Funds appropriated to the Department of Defense for fiscal years before fiscal year 1985 for military construction functions of the Navy that remain available for obligation are hereby authorized to be made available, to the extent provided in appropriation Acts, for military construction projects authorized in section 201 in the amount of $80,000,000. (c) Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variations authorized by law, the total cost of all projects carried out under section 201 may not exceed the sum of the total amount authorized to be

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/353

 PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1513

appropriated under paragraphs (1) and (2) of subsection (a) and the amount specified in subsection (b). AUTHORIZATION OF APPROPRIATIONS, AIR FORCE

SEC. 603. (a) Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1984, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,791,063,000 as follows: (1) For projects authorized by section 301 that are to be carried out inside the United States, $1,241,351,000. (2) For projects authorized by section 301 that are to be carried out outside the United States, $347,239,000. (3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $21,000,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $154,000,000. (5) For advances to the Secretary of Transportation for construction of defense access roads under section 210 of title 23, United States Code, $21,750,000. (6) For military family housing functions— (A) for construction and acquisition of military family housing and facilities, $244,991,000; and (B) for support of military family housing, $760,732,000, of which not more than $53,339,000 may be obligated or expended for the leasing of military family housing units in foreign countries. (b) Funds appropriated to the Department of Defense for fiscal years before fiscal year 1985 for military construction function;^ of the Air Force that remain available for obligation are hereby authorized to be made available, to the extent provided in appropriation Acts, for military construction projects authorized in section 301 in the amount of $150,670,000. (c) Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variations authorized by law, the total cost of all projects carried out under section 301 may not exceed the sum of the total amount authorized to be appropriated under subsections (1) and (2) of subsection (a) and the amount specified in subsection (b). AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES

SEC. 604. (a) Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1984, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), in the total amount of $357,075,000 as follows: (1) For projects authorized by section 401 that are to be carried out inside the United States, $171,823,000. (2) For projects authorized by section 401 that are to be carried out outside the United States, $127,452,000. (3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $3,000,000.

31-194 - 0 - 86 - 12: QL. 3 Part 2

97 Stat. 785. ,. ^^^

Post, p. 1521.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/354

 98 STAT. 1514

97 Stat. 785.

Post, p. 1521.

PUBLIC LAW 98-407—AUG. 28, 1984

(4) For construction projects under the contingency construction authority of the Secretary of Defense under section 2804 of title 10, United States Code, $5,000,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $30,000,000. (6) For military family housing functions— (A) for construction and acquisition of military family housing and facilities, $800,000; and (B) for support of military family housing, $19,000,000, of which not more than $15,773,000 may be obligated or expended for the leasing of military family housing units in foreign countries. (b) Funds appropriated to the Department of Defense for fiscal years before fiscal year 1985 for military construction functions of the Defense Agencies that remain available for obligation are hereby authorized to be made available, to the extent provided in appropriation Acts, for military construction projects authorized in section 401 in the amount of $52,500,000. (c) Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variations authorized by law, the total cost of all projects carried out under section 401 may not exceed the sum of the total amount authorized to be appropriated under subsections (1) and (2) of subsection (a) and the amount specified in subsection (b). AUTHORIZATION OF APPROPRIATIONS, NATO

SEC. 605. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1984, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of construction projects for the North Atlantic Treaty Organization Infrastructure program, as authorized by section 501, $131,700,000. ACTIVITIES INCLUDED WITHIN AUTHORIZATIONS FOR MILITARY FAMILY HOUSING

I

SEC. 606. (a) Amounts authorized under sections 601 through 604 for construction and acquisition of military family housing and facilities include amounts for minor construction, improvements to existing military family housing units and facilities, relocation of military family housing units under section 2827 of title 10, United States Code, and architectural and engineering services and construction design. 03) Amounts authorized under sections 601 through 604 for support of military family housing include amounts for operating expenses, leasing expenses, maintenance of real property expenses, payments of principal and interest on mortgage debts incurred, and payments of mortgage insurance premiums authorized under section 222 of the National Housing Act (12 U.S.C. 1715m). EXPIRATION OF AUTHORIZATIONS; EXTENSION OF CERTAIN PREVIOUS AUTHORIZATIONS

SEC. 607. (a)(1) Except as provided in paragraph (2), all authorizations contained in titles I, II, III, IV, and V for military construction projects, land acquisition, family housing projects, and contributions

S rriag £.JO.::.l - db - 0 - ^ e i - l £

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/355

 PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1515

to the NATO Infrastructure program (and authorizations of appropriations therefor contained in sections 601 through 605) shall expire on October 1, 1986, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1987, whichever is later. (2) The provisions of paragraph (1) do not apply to authorizations for military construction projects, land acquisition, family housing projects, and contributions to the NATO Infrastructure program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before October 1, 1986, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1987, whichever is later, for construction contracts, land acquisition, family housing projects, or contributions to the NATO Infrastructure program. (b) Notwithstanding the provisions of section 606(a) of the Military Construction Authorization Act, 1983 (Public Law 97-321, 96 Stat. 1567), authorizations for the following projects authorized in sections 101, 201, and 301 of that Act shall remain in effect until October 1, 1985, or the date of enactment of the Military Construction Authorization Act for fiscal year 1986, whichever is later: (1) Consolidated heating facility in the amount of $1,300,000 at Giessen, Germany. (2) Barracks in the amount of $9,300,000 at Vilseck, Germany. (3) Battalion headquarters and classroom in the amount of $3,000,000 at Vilseck, Germany. (4) Dining facility in the amount of $3,600,000 at Vilseck, Germany. (5) Barracks in the amount of $10,600,000 at Vilseck, Germany. (6) Standby generator plant in the amount of $4,500,000 at the Naval Communications Area Master Station Eastern Pacific, Honolulu, Hawaii. (7) Rapid Deployment Force facilities in the amount of $55,000,000 at Ras Banas, Egypt. (8) Ammunition Wharf in the amount of $24,000,000 at the Naval Magazine, Guam, Mariana Islands.

ESTABLISHMENT OF CERTAIN AMOUNTS REQUIRED TO BE SPECIFIED BY LAW

SEC. 608. For projects or contracts initiated during the period beginning on the date of the enactment of this Act or October 1, 1984, whichever is later, and ending on the date of the enactment of the Military Construction Authorization Act for fiscal year 1986 or October 1, 1985, whichever is later, the following amounts apply: (1) The maximum amount for an unspecified minor military construction project under section 2805 of title 10, United States Code, is $1,000,000. (2) The amount of a contract for architectural and engineering services or construction design that makes such a contract subject to the reporting requirement under section 2807 of title 10, United States Code, is $300,000. (3) The maximum amount per unit for an improvement project for family housing units under section 2825 of title 10, United States Code, is $30,000.

97 Stat. 785.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/356

 98 STAT. 1516

PUBLIC LAW 98-407—AUG. 28, 1984 (4) The maximum annual rental for a family housing unit leased in the United States, Puerto Rico, or Guam under section 2828(b) of title 10, United States Code, is $6,000. (5)(A) The maximum annual rental for a family housing unit leased in a foreign country under section 2828(c) of title 10, United States Code, is $16,800. (B) The maximum number of family housing units that may be leased at any one time in foreign countries under section 2828(c) of title 10, United States Code, is 30,000. (6) The maximum rental per year for family housing facilities, or for real property related to family housing facilities, leased in a foreign country under section 2828(f) of title 10, United States Code, is $250,000. EFFECTIVE DATE FOR PROJECT AUTHORIZATIONS

SEC. 609. Titles I, II, III, IV, and V of this Act (other than section, 104) take effect on October 1, 1984. SUPPLEMENTAL AUTHORIZATION FOR FISCAL YEAR 1984

97 Stat. 778. 97 Stat. 762.

SEC. 610. (a) In addition to the military construction projects authorized by section 201 of the Military Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat. 762), the Secretary of the Navy may carry out a military construction project outside the United States at the Naval Station, Keflavik, Iceland, in the amount of $30,000,000. (b) The project authorized in subsection (a) is subject to the authorizations and limitations applicable to projects authorized in the Military Construction Authorization Act, 1984 (Public Law 98115; 97 Stat. 757), in the same manner as if such project had been authorized in that Act. The limit prescribed by section 602(b) of that Act on the total cost of all projects carried out under section 201 of that Act is hereby increased by the additional amount authorized to be appropriated by subsection (c). (c) There is hereby authorized to be appropriated for fiscal year 1984 for the Department of the Navy for the military construction project authorized by subsection (a), in addition to the amounts authorized to be appropriated by section 602(a)(2) of the Military Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat. 778), the amount of $30,000,000. TITLE VII—GUARD AND RESERVE FORCES FACILITIES AUTHORIZATION FOR FACILITIES

SEC. 701. There are authorized to be appropriated for fiscal years beginning after September 30, 1984, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, 10 USC 2231 et Under chapter 133 of title 10, United States Code (including the cost seq. of acquisition of land for those facilities), the following amounts: (1) For the Department of the Army— (A) for the Army National Guard of the United States $101,683,000, and (B) for the Army Reserve, $71,700,000. (2) For the Department of the Navy, for the Naval and Marine Corps Reserves, $62,000,000.

�


text:
Author:Lida Rose McCabe

Works

 * The American Girl at College (1893)
 * Literary and Social Recollections of W. D. Howells in Lippincott's Monthly Magazine, 1887

title: Author:Lida Rose McCabe


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/357

 PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1517

(3) For the Department of the Air Force— (A) for the Air National Guard of the United States $121,200,000, and (B) for the Air Force Reserve, $67,800,000. MODIFICATION OF GUARD AND RESERVE MINOR CONSTRUCTION AUTHORITY

SEC. 702. Effective on October 1, 1984, section 2233a(b) of title 10, United States Ckxie, is amended by striking out "$50,000" and inserting in lieu thereof "$100,000".

Effective date.

FEDERAL CONTRIBUTION FOR CONSTRUCTION TO UPGRADE CRITICAL PORTIONS OF ARMORIES

SEC. 703. (a) Section 2233(a)(6) of title 10, United States Code, is amended— (1) by striking out "arms storage rooms" and inserting in lieu thereof "critical portions of facilities"; and (2) by striking out "standards related to the safekeeping of arms" and inserting in lieu thereof "construction criteria or standards related to the execution of the Federal military mission assigned to the unit using the facility". (b) The amendments made by subsection (a) shall take eCTect on October 1, 1984. RESTRICTION ON USE OF LANDS AT CAMP SHELBY, HATTIESBURG, MISSISSIPPI

SEC. 704. (a) Except as provided in subsection (b), the land comprising Camp Shelby, Hattiesburg, Mississippi (including any land acquired by the Secretary of the Army on or after the date of the enactment of this Act and made a part of Camp Shelby) may not be used for any purpose other than the military training of members of the Armed Forces to enhance the ability of such members to perform successfully mission assignments in a conventional warfare environment. (b) Subject to such r^ulations as the Adjutant General of the State of Mississippi may prescribe, the lands referred to in subsection (a) may be used for hunting, agricultural, or forestry purposes or for any other civil purpose for which such lands were permitted to be used on or berore the date of the enactment of this Act. TITLE Vm—GENERAL PROVISIONS PART A—MILITARY CONSTRUCTION PROGRAM REVISIONS LIABILITY OF OCCUPANTS OF MILITARY HOUSING

SEC. 801. (a)(1) Section 2775 of title 10, United States Code, is amended to read as follows: "§2775. Liability of members for damage to housing and related equipment and furnishings "(a) A member of the armed forces shall be liable to the United States for damage to any family housing unit or unaccompanied personnel housing unit, or damage to or loss of any equipment or furnishings of any family housing unit or unaccompanied personnel

Effective date. 10 USC 2233 note.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/358

 98 STAT. 1518

Regulations.

PUBLIC LAW 98-407—AUG. 28, 1984

housing unit, assigned to or provided such member if it is determined, under regulations prescribed by the Secretary of Defense, that the damage or loss was caused by the abuse or negligence of the member (or a dependent of the member) or of a guest of the member (or a dependent of the member). "(b) The Secretary of Defense may establish limitations on liability under this section, including different limitations based upon the d ^ r e e of abuse or n^ligence involved, and may compromise or waive a claim of the United States under this section. "(c)(1) The Secretary concerned may deduct from a member's pay an amount sufficient to pay for the cost of any repair or replacement made necessary as the result of any abuse or negligence referred to in subsection (a) for which the member is liable. Regulations implementing this section may also provide for the collection of amounts owed under this section by any other authorized means. "(2) The final determination of an amount to be deducted from the pay of an officer of an armed force in accordance with regulations prescribed under this section shall be deemed to be a special order authorizing such deduction for the purposes of section 1007 of title 37. "(d) Amounts received under this section shall be credited to the family housing operations and maintenance account, in the case of damage to a family housing unit (or the equipment or furnishings of a family housing unit), or to the operations and maintenance account, in the case of damage to an unaccompanied personnel housing unit (or the equipment or furnishings of an unaccompanied personnel housing unit), of the military department or defense agency concerned. Amounts so credited shall be available for use for the same purposes and under the same circumstances as other funds in those accounts. "(e) The Secretary of Defense shall prescribe regulations to carry out the provisions of this section, including (1) r^ulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence referred to in subsection (a), and (2) regulations providing for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section."(2) The item relating to section 2775 in the table of sections at the he^nning of chapter 165 of such title is amended to read as follows: "2775. Liability of members for damage to housing and related equipment and furnishings.".

Effective date. 10 USC 2775 note. Ante, p. 1517.

ObXD R^ulations shall be prescribed under subsection (e) of section 2775 of title 10, United States Code, as amended by subsection (a), not later than 180 days after the date of the enactment of this Act. That section shall apply with respect to the liability of a member under such section for damage or loss to an unaccompanied personnel housing unit (or the equipment or furnishings of an unaccompanied personnel housing unit) or for damage or loss caused by a guc»t of the member or of a dependent of the member to a family housing unit (or the equipment or furnishings of a family housing unit) only in the case of damage or loss caused on or sifter the date that such r^ulations take effect. (2) The authority of the Secretary of Defense under subsection (b) of such section is applicable to any claim of the United States under such section, whether such claim arose before, on, or after the date of the enactment of this Act.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/359

 PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1519

COST VARIATIONS FOR ACQUISITION OF REAL PROPERTY BY CONDEMNATION

SEC. 802. Section 2676 of title 10, United States Code, is amended— (1) by inserting "or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land" in subsection (c)(2) after "upon the agreed price for the land"; (2) by inserting "or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land," in subsection (c)(2)(B) after "the agreed price for the land,"; and (3) by adding at the end thereof the following new subsection: "(e) The Secretary concerned shall promptly pay any deficiency judgment against the United States awarded by a court in an action for condemnation of any interest in land or resulting from a final settlement of an action for condemnation of any interest in land. Payments under this subsection may be made from funds available to the Secretary concerned for military construction projects and without regard to the limitations of subsections (c) and (d).".

- v. pi

'Mirf'

MAXIMUM AMOUNT FOR ACQUISITION OF OPTIONS ON REAL PROPERTY

SEC. 803. Section 2677(b) of title 10, United States Code, is amended by striking out "5 percent" and inserting in lieu thereof "12 percent". AUTHORITY TO RESTORE LAND OF OTHER AGENCIES USED TEMPORARILY BY DEPARTMENT OF DEFENSE

SEC. 804. (a) Chapter 159 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§2691. Restoration of land used of permit or lease from other 10 USC 2691. agencies "(a) The Secretary of the military department concerned may remove improvements and take any other action necessary in the judgment of the Secretary to restore land used by that military department by permit or lease from another mihtary department or Federal agency if the restoration is required by the permit or lease making that land available to the military department. The Secretary concerned may carry out this section using funds available for operations and maintenance or for military construction. "(b) Unless otherwise prohibited by law or the terms of the permit or lease, before restoration of any land under subsection (a) is b ^ u n, the Secretary concerned shall determine, under the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), whether another military department or Federal agency has a use for the land in its existing, improved state. During the period required to make such a determination, the Secretary may provide for maintenance and repair of improvements on the land to the standards established for excess property by the Administrator of General Services.". (b) The table of sections at the b a n n i n g of such chapter is amended by adding at the end thereof the following new item: "2691. Restoration of land used by permit or lease from other agencies.".

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/360

 98 STAT. 1520

PUBLIC LAW 98-407—AUG. 28, 1984 STORAGE AND DISPOSAL OF NONDEFENSE TOXIC AND HAZARDOUS MATERIALS

SEC. 805. (a) Chapter 159 of title 10, United States Code, is amended by adding after section 2691 (as added by section 804) the following new section: 10 USC 2692.

Regulations.

"§2692. Storage and disposal of nondefense toxic and hazardous materials "(a)(1) Except as otherwise provided in this section, the Secretary of Defense may not permit the use of an installation of the Department of Defense for the storage or disposal of any material that is a toxic or hazardous material and that is not owned by the Department of Defense. "(2) The Secretary of Defense shall define by r ^ u l a t i o n what materials are hazardous or toxic materials for the purposes of this section, including specification of the quantity of a material that serves to make it hazardous or toxic for the purposes of this section. The definition shall include materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of that Act (42 U.S.C. 9602) and shall mclude materials that are of an explosive, flammable, or pjrrotechnic nature. "(b) Subsection (a) does not apply to— "(1) the storage of strategic and critical materials in the National Defense Stockpile under an agreement for such storage with the Administrator of General Services; "(2) the temporary storage or disposal of explosives in order to protect the public or to assist agencies responsible for Federal law enforcement in storing or (^posing of explosives when no alternative solution is avsulable, i[ such storage or disposal is made in accordance with an agreement between the Secretary of Defense and the head of the Federal agency concerned; "(3) the temporary storage or disposal of explosives in order to provide emergency lifesaving assistance to civil authorities; "(4) the disposal of excess explosives produced under a Department of Defense contract, if the head of the military department concerned determines, in each case, that an alternative feasible means of disposal is not available to the contractor, taking into consideration public safety, available resources of the contractor, and national defense production requirements; "(5) the temporary storage of nuclear materials or nonnuclear classified materials in accordance with an agreement with the Secretary of Energy; "(6) the storage of materials that constitute military resources intended to be used during peacetime civil emergencies in accordance with applicable Department of Defense regulations; and "(7) the temporary storage of materials of other Federal agencies in order to provide assistance and refuge for commercial carriers of such material during a transportation emergency. "(c) The Secretary of Defense may grant exceptions to subsection (a) when essential to protect the health and safety of the public from imminent danger if the Secretary otherwise determines the excep-

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/361

 PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1521

tion is essential and if the storage or disposal authorized does not compete with private enterprise. "(d)(1) The Secretary may assess a charge for any storage or disposal provided under this section. Any such charge shall be on a reimbursable cost basis. "(2) In the case of storage under this section authorized because of an imminent danger, the storage provided shall be temporary and shall cease once the imminent danger no longer exists. In all other cases of storage or disposal authorized under this section, the storage or disposal authorized shall be terminated as determined by the Secretary.". (b) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2691 (as added by section 804) the following new item: "2692. Storage and disposal of nondefense toxic and hazardous materials.". LEASING AND RENTAL GUARANTEE PROGRAM EXTENSION

SEC. 806. (a) Section 2828(g) of title 10, United States Code, is amended by redesignating paragraph (8) as paragraph (9) and by inserting after paragraph (7) the following new paragraph (8): "(8) In addition to the contracts authorized by paragraph (7), the Secretary of the Army may enter into one contract under this subsection for not more than 600 family housing units at one location if the contract is necessary in order to provide sufficient family housing to accommodate a major restationing action by the Army. The Secretary of the Army may not enter into a contract under this paragraph and an agreement under section 802(g) of the Military Construction Authorization Act, 1984 (Public Law 98-115;

97 Stat. 782. ^ ^

97 Stat. 783).".

infra.

Ob) Section 802 of the Military Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat. 783), is amended by redesignating lo use 2821 subsection (g) as subsection (h) and by inserting after subsection (f) note. the following new subsection (g): "(g) In addition to the agreements authorized by subsection (f), the Secretary of the Army may enter into one agreement under this section for not more than 600 family housing units at one location if the agreement is necessary in order to provide sufficient family housing to accommodate a major restationing action by the Army. The Secretary of the Army may not enter into an agreement under this subsection and a contract under section 2828(g)(8) of title 10, United States Code.". Supra. (c) The amendments made by this section shall take effect on Effective date. October 1, 1984. lo use 2828 note. AUTHORIZED COST VARIATIONS

SEC. 807. Section 2853(e) of title 10, United States Code, is amended by inserting "is more than the amount specified by law as the maximum amount for a minor military construction project and" after "under the contract" in the second sentence. CONTRACTS FOR ARCHITECT AND ENGINEER SERVICES

SEC. 808. (a) Section 2855 of title 10, United States Code, is amended— (1) by inserting "(a)" before "Contracts" at the beginning of such section; and

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/362

 98 STAT. 1522

Effective date. 10 USC 2855 note.

PUBLIC LAW 98-407—AUG. 28, 1984

"

(2) by adding at the end thereof the following new subsection: "(b)(1) In the case of a contract referred to in subsection (a)— "(A) if the Secretary concerned estimates that the initial award of the contract will be in an amount greater than or equal to the threshold amount determined under paragraph (2), the contract may not be set aside exclusively for award to small business concerns; and "(B) if the Secretary concerned estimates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions of the Small Business Act (15 U.S.C. 631 et seq.). "(2) The initial threshold amount under paragraph (1) is $85,000. The Secretary of Defense may revise that amount in order to ensure that small business concerns receive a reasonable share of contracts referred to in subsection (a). "(3) This subsection does not restrict the award of contracts to small business concerns under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).". (b) Subsection (b) of section 2855 of title 10, United States Ckxie, as added by subsection (a), shall apply with respect to contracts awarded after September 30, 1984, except that the authority of the Secretary of Defense under paragraph (2) of that subsection shall apply oiJy with respect to contracts awarded after September 30, 1985. ADMINISTRATION OF FOREST PRODUCTS PROGRAM

SEC. 809. (a) Section 2665 of title 10, United States Cbde, is amended— (1) in subsection G>), by striking out "logs wholly or partly manufactured by, or otherwise procured for, the Army, Navy, or Air Force, or" and inserting in lieu thereof "forest products produced on land owned or leased by a military department or the"; (2) in subsection (d), by striking out "lumber and timber products" and inserting in lieu thereof "forest products"; (3) in subsection (e)(l)— (A) by striking out "timber and timber products" each r place it appears and inserting in lieu thereof "forest products"; and (B) by striking out "25 percent" and inserting in lieu thereof "40 percent"; and (4) by adding at the end thereof the following new subsection: "(fKD There is in the Treasury a reserve account administered by the Secretary of Defense for the purposes of this section. Balances in the account may be used for expenses of the military departments— "(A) for improvements of forest lands; "(B) for unanticipated contingencies in the administration of forest lands and the production of forest products for which other sources of funds are not available in a timely manner; and "(C) for expenses to enable operations of forest lands and the production of forest products to continue from the end of one fiscal year through the beginning of the next fiscal year without disruption. "(2) Subject to paragraph (3), there shall be deposited into the reserve account not later than December 31 of each year, for credit

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/363

 PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1523

to the preceding fiscal year, an amount equal to one-half of the amount (if any) remaining of the total amount received by the United States during that fiscal year as proceeds from the sale of forest products after (A) the reimbursement of appropriations of the Department of Defense under subsection (d) for expenses of production of forest products during that fiscal year, and (B) the payment to States under subsection (e) for that fiscal year. "(3) The balance in the reserve account may not exceed $4,000,000. If a deposit under paragraph (2) would cause the balance in the account to exceed that amount, the deposit shall be made only to the extent the amount of the deposit would not cause the balance in the account to exceed $4,000,000.". (b)(l) Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on October 1, 1984. (2) The amendment made by subsection (a)(2)(B) shall apply with respect to payments to States for fiscal years beginning after September 30, 1984.

Effective date. 10 USC 2665 note.

SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND COGENERATION PRODUCTION FACILITIES

SEC. 810. (a) Chapter 147 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§2483. Sale of electricity from alternate energy and cogeneration production facilities "(a) The Secretary of a military department may sell, contract to sell, or authorize the sale by a contractor to a public or private utility company of electrical energy generated from alternate energy or cogeneration t3npe production facilities which are under the jurisdiction (or produced on land which is under the jurisdiction) of the Secretary concerned. The sale of such energy shall be made under such r^ulations, for such periods, and at such prices as the Secretary concerned prescribes consistent with the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.). "(b) Proceeds from sales under subsection (a) shall be credited to the appropriation account currently available to the military department concerned for the supply of electrical energy.". (b) The table of sections at the b ^ i n n i n g of such chapter is amended by adding at the end thereof the following new item: "2483. Sale of electricity from alternate energy and cogeneration production facilities.".

10 USC 2483.
 * -;AnK^

..ii.g;>Rn <dS.

INSTALLATION OF TELEPHONE WIRING

SEC. 811. (a) Section 1348 of title 31, United States Ckxle, is amended by adding at the end thereof the following new subsection: "(d) Under r ^ ^ a t i o n s prescribed by the Secretary of Defense, funds appropriated to the Department of Defense are available to install, repair, and maintain telephone wiring in residences owned or leased by the United States Government and, if necessary for national defense purposes, in other private residences.". (b) The amendment made by subsection (a) shall be effective as of January 1, 1984. Funds appropriated to the Department of Defense may be used to reimburse persons for expenditures made after December 31, 1983, for the installation, repair, and maintenance of

Regulations.

Effective dates. 31 USC 1348 note.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/364

 98 STAT. 1524

PUBLIC LAW 98-407—AUG. 28, 1984

telephone wiring in any Government-owned or leased housing unit before the date of the enactment of this Act. FAMILY HOUSING CONSTRUCTED OVERSEAS

10 USC 2821 note.

.3 •'

•

SEC. 812. Section 803(a) of the Military Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat. 784) is amended— (1) by inserting "(1)" after "shall require", and (2) by striking out the period at the end and inserting in lieu thereof a comma and the following: "or (2) in the case of concrete housing, the use of housing (A) that is produced in a plant that was fabricated in the United States by a United States company, and (B) for which the materials, fixtures, and equipment used in the construction of such housing (other than cement, sand, and aggregates) are manufactured in the United States.". PART B—MISCELLANEOUS PROVISIONS TEST OF I N N O V A T IV E CONSTRUCTION CONTRACTING METHODS

,88.-

,,

Ante, p. 1521.

SEC. 821. The Secretary of the Air Force, with the approval of the Secretary of Defense, may enter into construction contracts for military construction projects using either turnkey competitive negotiation methods or construction management techniques at one installation of the Secretary's choice. Contracts for architectural and engineering services and for construction awarded under this section shall be subject to section 2855 of title 10, United States Code. REPEAL OF LIMITS ON PROJECTS IN SUPPORT OF THE MASTER RESTATIONING PLAN

SEC. 822. Section 107 of the Military Construction Authorization Act, 1983 (Public Law 97-321; 96 Stat. 1552), is repealed. STUDY OF SECTION 6 SCHOOLS

20 USC 241.

Report.

SEC. 823. The Comptroller General of the United States shall conduct a study to determine the most suitable means to pay for the construction and operation of Department of Defense dependent schools established under section 6 of Public Law 874 of the Eightyfirst Congress. The study shall consider the effect that transferring responsibility for funding and operating those schools from the Department of Defense to local school districts would have on funding for the impact aid program of the Department of Education and the effect that such transfer would have on local school districts. Not later than May 1, 1984, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study. TECHNICAL AMENDMENT

SEC. 824. Section 8070?) of the Military Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat. 788), is amended by striking 97 Stat. 786, 789. out "section 2809" and inserting in lieu thereof "section 2667a". The amendment made by this section shall apply as if included in the enactment of the Military Construction Authorization Act, 1984.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/365

 PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1525

PART C—REAL PROPERTY TRANSACTIONS LAND E X C H A N G E, FALCON AIR FORCE STATION, COLORADO

SEC, 831. (a)(l) The Secretary of the Air Force is authorized to acquire from the State of Colorado easements restricting the use of, and giving the United States rights-of-way over, certain parcels of land owned by the State of Colorado adjacent to the Consolidated Space Operations Center, Falcon Air Force Station, Colorado. "(2) As consideration for the interests in land acquired under paragraph (1), the United States shall convey to the State of Colorado Board of Land Commissioners all right, title, and interest of the United States in and to suitable Federal lands in Colorado. (b) The Secretary shall adjust the amount of land conveyed and the nature of the interests acquired under subsection (a) so that the fair market value (as determined by the Secretary) of the interests in land acquired under subsection (a)(1) is not less than the fair market value (as determined by the Secretary) of the land conveyed under subsection (a)(2). (c) The transaction authorized by subsection (a) may not be carried Report. out until the Secretary has reported to the Committees on Armed Services of the Senate and House of Representatives on the details of the transaction, including specification of the lands to be conveyed by the United States under subsection (a)(2), and a period of 21 days has passed from the date of the receipt of the report by those committees. (d) The exact acreages of the lands to be acquired and conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. The cost of any such survey shall be borne by the United States. (e) The Secretary may require such additional terms and conditions in connection with the transaction authorized by this section as the Secretary considers appropriate to protect the interests of the United States. R E P L A C E M E N T OF WAREHOUSE FACILITIES, CAMP PENDLETON MARINE CORPS BASE, CALIFORNIA

SEC. 832. In consideration for granting continued use through December 31, 2006, of approximately 84 acres of land and 164,000 square feet of warehouse space at the Marine Cori» Base, Camp Pendleton, California, to the Southern California Edison Company in support of the San Onofre Nuclear Generating Station, the Secretary of the Navy is authorized to accept— (1) replacement warehouse facilities, satisfactory to the Secretary, to be constructed at no cost to the United States on the Maaine Corps Base, Camp Pendleton; and (2) payment of the fair market rental value, as determined by the Secretary, for use of the 84 acres of land. DISPOSITION OF SUBSTANDARD HOUSING AT CAMP PENDLETON, CALIFORNIA; CONSTRUCTION OF EQUIVALENT VALUE OF NEW FAMILY HOUSING

SEC. 833. (a) The Secretary of the Navy is authorized to convey all right, title, and interest of the United States in and to the parcel of land, consisting of 56 acres, more or less (together with the improvements thereon), in Oceanside California owned by the United States

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/366

 98 STAT. 1526

PUBLIC LAW 98-407—AUG. 28, 1984

and under the jurisdiction of the Secretary known as the Sterling Homes Project. The conveyance shall be for cash or under an exchange as described in subsection (c)(2). If the conveyance is for cash, the sale of the property shall be conducted in accordance with competitive bidding procedures. (b)(1) The Secretary is authorized to construct family housing units at Camp Pendleton, California, in addition to the family housing authorized for Camp Pendleton by section 202. (2) The number of housing units authorized to be constructed under this subsection is the number of units that may be constructed by the contractor within— (A) the amount received as proceeds from the conveyance under subsection (a), if the property referred to in that subsection is sold for cash; or (B) an amount equal to the fair market value, as determined by the Secretary, of the property conveyed under that subsection, if the property is conveyed under an exchange described in subsection (c)(2). (c) If the conveyance under subsection (a) is for cash, the Secretary shall retain the proceeds of the sale and shall use the proceeds for the construction authorized by subsection (b). In such case, the Secretary may not enter into a contract for that construction in an amount in excess of the amount received as proceeds from the sale or in advance of the receipt of such proceeds. (2) In lieu of a sale for cash under subsection (a), the Secretary may exchange the property referred to in that subsection for the construction of the housing units authorized by subsection (b). (d) The exact acreage and legal description of the property to be conveyed by the Secretary under this section shall be in accordance with surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the buyer. (e) The Secretary may require such additional terms and conditions in connection with the conveyance and construction authorized by this section as the Secretary considers appropriate to protect the interests of the United States. LAND CONVEYANCE, LOMPOC, CALIFORNIA

SEC. 834. (a) Subject to subsection (b), the Secretary of the Army (hereinafter in this section referred to as the "Secretary") is authorized to convey, without monetary consideration, to the city of Lompoc, California (hereinafter in this section referred to as the "City"), all right, title, and interest of the United States in and to the real property described in subsection (c). (b)(1) The conveyance authorized by subsection (a) shall be subject to the condition that the real property conveyed shall be used by the City(A) for the Lompoc, California, Western Spaceport Museum and Science Center as a permanent site for a space science museum; (B) for educational and recreational purposes related to the purpose described in subparagraph (A); or (C) for the purposes described in subparagraphs (A) and (B). (2) If the property conveyed pursuant to subsection (a) is not used for one or more of the purposes described in paragraph (1), all right, title, and interest in and to such property shall revert to the United States, which shall have the right of immediate entry thereon.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/367

 PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1527

(3) The Secretary may require such other terms and conditions with respect to the conveyance as the Secretary considers appropriate to protect the interests of the United States. (c) The real property referred to in subsection (a) is a tract of land containing 148.84 acres, more or less, located within the City and bounded on the north by Santa Barbara County Highway S-20, on the east by California State Highway Numbered 1, and on the south and west by property controlled by the Department of the Army. (d) The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the City. LAND CONVEYANCE, RIVERSIDE COUNTY, CALIFORNIA

SEC. 835. (a) Subject to subsection (b), the Secretary of the Air Force (hereinafter in this section referred to as the "Secretary") is authorized to convey to the Village West Foundation, Incorporated (hereinafter in this section referred to as the "Foundation"), of San Bernardino, California, all right, title, and interest of the United States in and to the land described in subsection (c). (b) In consideration for the conveyance by the Secretary under subsection (a), the Foundation shall pay to the United States an amount of money equal to the fair market value (as determined by the Secretary) of the land authorized to be conveyed under subsection (b). (c) The land referred to in subsection (a) is a portion of March Air Force Base, California, composed of one parcel containing approximately 150 acres. The tract of land is on west March Air Force Base bounded on the east by Clark Street, on the west by Allen Street, on the south by 5th Street, and the north is an extension of 11th Street between Allen and Clark Streets. (d) A conveyance by the Secretary under subsection (a) shall provide that— (1) if the land conveyed is not used as a permanent location for facilities of the Foundation before the end of the 10-year period beginning on the date on which the land is conveyed— (A) title to the land shall revert to the United States; and (B) upon such reversion, the Secretary shall pay to the Foundation, from amounts available for that purpose, an amount equal to 50 percent of the fair market value of the land reverting to the United States, determined as of the date on which the land was conveyed to the Foundation by the Secretary; (2) if all or any portion of the land conveyed ceases to be used for Foundation purposes during the 40-year period beginning on the date on which the 10-year period stated in paragraph (1) ends, title to all of such land which has ceased to be used for Foundation purposes shall revert to the United States; (3) during the 50-year period beginning on the date of the conveyance, a construction project may be begun on such land only after the plans for such construction are approved by the Secretary; and (4) during the 50-year period beginning on the date of the conveyance, the Foundation may not sell, lease, or otherwise dispose of the land conveyed.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/368

 98 STAT. 1528

PUBLIC LAW 98-407—AUG. 28, 1984

(e) Notwithstfinding section 2733 of title 10, United States Code, sections 1346 and 2672 of title 28, United States Code, and section 715 of title 32, United States Code, or any other provision of law enacted before, on, or after the date of the enactment of this Act (except a law that specifically refers to the Foundation or to this section), the United States shall not be liable to the Foundation for any damage to, or diminution in value of, any land conveyed under this section (or any improvement on such land) if such damage or diminution in value is caused by an activity of the United States at March Air Force Base, California. (f) The transaction authorized by this section shall be made subject to such additional terms and conditions as the Secretary considers appropriate to carry out the provisions of this section and to protect the interests of the United States. (g) The exact acreage and legal description of any land conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. The cost of any such survey shall be borne by the Foundation. RELEASE OF LEASEHOLD D4TEREST, SAN DIEGO UNIFIED PORT DISTRICT, CALIFORNIA

SEC. 836. (a) Subject to subsection (b), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") is authorized to convey to the San D i ^ o Unified Port District, California (hereinafter in this section referred to as the "Port") all right, title, and interest of the United States in and to Lease NOy(R)-44755 entered into by the United States with the Port, comprising approximately 3.35 acres of land with Navy-owned improvements known as the San D i ^ o Branch, Western Division, Naval Facilities Engineering Command. Such conveyance may not be made until a replacement facility for the San Diego Branch is available in accordance with subsection (b). (b) In consideration for the conveyance authorized by subsection (a), the Port shall— (1) construct, at no expense to the United States, a suitable replacement facility for the San Diego Branch at a suitable Navy-owned site, as determined by the Secretary; (2) pay to the Secretary the cost of removing any existing improvements on the replacement site; (3) pay to the Secretary the cost of relocating the San Diego Branch and its tenants; and (4) convey to the United States unencumbered title to the replacement facility. (c) The Secretary is authorized to receive, obligate, and disburse any funds received under subsection (b)(2) and (3) to facilitate the relocation. (d) If the fair market value of the interest conveyed under subsection (a) exceeds the sum of the fair market value of the replacement facility and the amounts paid under subsection (b), as determined by the Secretary, the Port shall pay the difference to the United States. (e) The Secretary may require such additional terms and conditions as the Secretary considers necessary or appropriate to protect the interest of the United States.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/369

 PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1529

LAND EXCHANGE, SAN DIEGO, CALIFORNIA

SEC. 837. (a) Subject to subsection (b), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") is authorized (1) to convey to the City of San Diego (hereinafter in this section referred to as the "City") all right, title, and interest of the United States in and to approximately 120 acres of land lying southerly of proposed highway S-52 and east of Second San Diego Aqueduct, and (2) to convey to the City or the San Diego Energy Recovery Project, a joint powers agency of the City and County of San Diego (hereinafter in this section referred to as "SANDER"), approximately 45 acres of land lying easterly of Convoy Street and southerly of proposed highway S-52 and comprising a portion of the Naval Air Station, Miramar, San Diego, California. (b) In consideration for the conveyances authorized by subsection (a), the City shall convey to the United States appropriate interests (as determined by the Secretary) in and to approximately 280 acres of land abutting the boundaries of the Naval Air Station, Miramar, of which approximately 120 acres are adjacent to and easterly of highway 1-805 in the vicinity of Miramar Road and 160 acres are adjacent to and northerly of proposed highway S-52, east of Second San Diego Aqueduct. (c) If the fair market value of the land conveyed by the Secretary under subsection (a) exceeds the fair market value of the lands conveyed by the City under subsection (b), the Secretary may accept such other lands as the Secretary has been previously authorized to acquire by exchange in partial or full consideration for the remaining value. The total value of the consideration to the United States shall be at least equal to the fair market value of the lands conveyed under subsection (a), as determined by the Secretary. The City or SANDER or the City and SANDER shall pay any difference to the United States. (d) The exact acreages and legal descriptions of any real property to be conveyed or acquired under this section shall be determined by surveys that are satisfactory to the Secretary. The cost of such surveys shall be borne by the City or SANDER or by the City and SANDER. (e) The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interests of the United States. LAND C O N V E Y A N C E, T U S T I N, CALIFORNIA

SEC. 838. (a)(1) Subject to subsections (b) and (c), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") is authorized to convey to the Irvine Company, a Michigan corporation, or to either or both of the cities of Tustin and Irvine, municipal corporations of the State of California, the interest of the United States described in paragraph (2) in a tract of approximately 15 acres of land located on the Marine Corps Air Station (Helicopter), Tustin, California (hereinafter in this section referred to as the "Air Facility"), for the development and extension of a public thoroughfare through the Air Facility from Barranca Parkway on the south of the Air Facility to Irvine Center Drive on the north of the Air Facility. (2) The interest of the United States that may be conveyed under this subsection is (A) a public right-of-way easement in perpetuity

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/370

 98 STAT. 1530

PUBLIC LAW 98-407—AUG. 28, 1984

over, across, and under the land described in paragraph (1) for roadway purposes, installation and maintenance of such underground utilities as are customarily located in rights-of-way, and related purposes, or (B) all right, title, and interest of the United States in such land. (b) The conveyance authorized by subsection (a) may not be made unless— (1) the Irvine Company conveys to the United States, for a term not to exceed the period of the use of the Air Facility as an active military air station— (A) interests or rights acceptable to the Secretary within or over certain land commonly known as the "Browning Corridor" and certain other undeveloped land traversed by military aircraft and used by the Air Facility as its Ground Control Approach; or (B) if the Irvine Company and the Secretary are unable to agree to interests or rights acceptable to the Secretary with respect to the land described in clause (A) that are at least equivalent in value (as determined by the Secretary) to the value of the interest of the United States to be conveyed under subsection (a)— (i) interests or rights acceptable to the Secretary in a tract of approximately 39 acres of land (or a portion thereof that is acceptable to the Secretary) in the vicinity of the northwest portion of the intersection of Barranca Parkway and Peters Canyon Wash; or (ii) a combination of interests or rights acceptable to the Secretary within or over the land described in clause (A) and in the land described in subclause (i); and (2) the Irvine Company or the cities of Tustin and Irvine pay to the United States all costs of the United States related to replacing, in a manner satisfactory to the Secretary, the helicopter heavy-lift training facility displaced by reason of the conveyance under subsection (a) and any other improvement displaced by reason of that conveyance. (c) The value of the interests or rights in real property conveyed to the United States under subsection (b)(1) must be at least equivalent in value (as determined by the Secretary) to the value of the interest of the United States to be conveyed under subsection (a). (d) If the conveyance under subsection (b)(1) is to include a conveyance to the United States of interests or rights described in subsection (b)(1)(A), then before the conveyance authorized by subsection (a) is made, the Secretary and the cities of Tustin and Irvine shall enter into written agreements, satisfactory to the Secretary, under which the cities— (1) agree that in exercising land use planning and zoning authority, the cities shall consider limiting the extent and location of residential development of the lands commonly known as the "Browning Corridor" as appropriate to air operations in that corridor; and (2) provide a process for the United States to participate in the initial and continued planning of land uses within the Browning Corridor. (e) The exact acreages and legal descriptions of the interests in land to be conveyed under subsections (a) and (b) shall be determined by surveys that are satisfactory to the Secretary. The Irvine

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/371

 PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1531

Company or the cities of Tustin and Irvine shall pay all survey and title evidence costs involved in those conveyances. (f) The Secretary may require such additional terms and conditions in connection with the transaction authorized by this section as the Secretary considers appropriate to protect the interests of the United States. LAND CONVEYANCE, ANNAPOLIS, MARYLAND

SEC. 839. (a) Subject to subsections (b) and (d), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") is authorized to convey to the Naval Academy Athletic Association, a nonprofit organization located in the State of Maryland (hereinafter in this section referred to as the "Association"), all right, title, and interest of the United States in and to approximately 4,3 acres of unimproved land comprising a portion of the United States Naval Academy, Annapolis, Maryland. (b) In consideration for the conveyance under subsection (a), the Association shall pay to the United States an amount equal to the appraised fair market value of the property to be conveyed (as determined by the Secretary). (c) The unimproved land to be conveyed under subsection (a) is land that was conveyed by the Association to the United States in 1965. The exact acreage and legal description of the land to be conveyed shall be determined by surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the Association. (d) Before making the conveyance under subsection (a), the Secretary shall enter into an agreement with the Association which provides that the Association, after such conveyance, will expeditiously develop the property conveyed and will use the property for purposes consistent with and in support of activities of the United States Naval Academy. The terms of the conveyance under subsection (a) shall require that if the Association fails to comply with the terms of such agreement, all right, title, and interest of the Association in and to the land conveyed (including the improvements on the land) shall revert at no cost to the United States, which shall have the right of immediate entry thereon. (e) The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interests of the United States. FISH HATCHERY, FORT LEWIS, WASHINGTON

SEC. 840. (a)(1) The Secretary of the Army shall issue a permit to the Secretary of the Interior for use of the land described in paragraph (2) as a site for a fish hatchery or shall otherwise make such land available for such use by an entity designated by the Secretary of the Army (with the concurrence of the Secretary of the Interior). (2) The land referred to in paragraph (1) is a portion of Fort Lewis, Weishington, adjacent to Clear Creek, Washington, consisting of 135 acres, more or less, that was identified as suitable as a site for a fish hatchery in a feasibility report concerning the location of a fish hatchery at Fort Lewis issued in May 1982 under contract number 14-16-0001-81086 of the Fish and Wildlife Service of the Department of the Interior, dated July 20, 1981,

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/372

 98 STAT. 1532

PUBLIC LAW 98-407—AUG. 28, 1984

(b) Land for which a permit is issued (or which is otherwise made available) under subsection (a) may be used by the party to which the permit is issued (or to which the land is made available) only for a fish hatchery and related purposes. The Secretary of the Army may not incur any cost in connection with such use. (c) The Secretary of the Army may require such additional terms and conditions with respect to this section as the Secretary considers appropriate. Approved August 28, 1984.

HF^t

LEGISLATIVE HISTORY—H.R. 5604 (H.Res. 529) (S. 2723): HOUSE REPORTS: No. 98-765 (Comm. on Armed Services) and No. 98-962 (Comm. of SENATE REPORT No. 98-500 accompanying S. 2723 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 130 (1984): June 22, considered and passed House. June 26, considered and passed Senate, amended. Aug. 8, House agreed to conference report. Aug. 9, Senate agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/373

 PUBLIC LAW 98-408—AUG. 28, 1984

98 STAT. 1533

Public Law 98-408 98th Congress A n Act To convey certain lands to the Zuni Indian Tribe for religious purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That for the purpose of securing the following described lands located in the State of Arizona, upon which the Zuni Indians depend and which the Zuni Indians have used since time immemorigd for sustenance and the performance of certain religious ceremonies, the following are hereby declared to be part of the Zuni Indian Reservation: Beginning at the northeast comer of section 26, township 15 north, range 26 east, Gila and Salt River meridian; thence west to the northwest comer of section 28, township 15 north, range 26 east; thence south to the southwest comer of section 16, township 14 north, range 26 east; thence east to the southeast comer of section 14, township 14 north, range 26 east; thence north to the point of beginning. Also all of sections 26 and 27, township 14 north, range 26 east, Gila and Salt River meridian. SEC. 2. All lands described in the first section of this Act which are presently owned by the United States are hereby declared to be held in trust for the Zuni Indian Tribe subject to any existing leasehold interests. The Secretary of the Interior is authorized and directed to acquire through exchange those lands described in such section which are owned by the State of Arizona, and shall exchange lands under the jurisdiction of the Bureau of Land Management within the State of Arizona for said State lands. Such lands will be transferred without cost to the Zuni Indian Tribe and title thereto shall be taken by the United States in trust for the benefit of said tribe. SEC. 3. The Secretary of the Interior or the Zuni Indian Tribe is authorized to acquire through purchase or exchange the remaining private lands and leasehold interests described within the first section of this Act which are not presently owned by the United States or the State of Arizona, and when acquired, title to such lands shall be held by the United States in trust for the Zuni Indian Tribe. SEC. 4. The Secretary of the Interior is directed to immediately acquire by voluntary agreement the permanent right of ingress and e ^ e s s to all lands described in the first section of this Act for the limited purpose of allowing the Zuni Indians to continue to use said lands for traditional religious pilgrimages and ceremonials. SEC. 5. (a) The Secretary of the Interior shall make available for sale to Apache County, Arizona, land which— (1) is under the jurisdiction of the Bureau of Land Management on the date of enactment of this Act, (2) is located within the boundaries of Apache County, Arizona, and (3) consists of a number of acres equal to the number of acres of land that—

Aug. 28, 1984 [S. 2201]

Arizona.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/374

 98 STAT. 1534

! «o, y. Federal ^^br*^t' pu ica ion. 25 USC 640d— 640d-28.

43 USC 1701 "ote. 43 USC 869— 869-4.

26 USC 1. 26 USC 1033. 31 USC 6902.

PUBLIC LAW 98-408—AUG. 28, 1984

(A) are acquired in fee under section 3 by the Secretary of the Interior or the Zuni Indian Tribe, and (B) are subject to taxation by Apache County, Arizona, on the date of enactment of this Act. (b)(1) The Secretary of the Interior shall designate the land which is available for sale under subsection (a) by no later than the date which is two years after the date of enactment of this Act. The Secretary of the Interior shall publish in the Federal Register a description of any land so designated. (2) The designation of land under paragraph (1) shall be subject to any land transfer which is required in order to carry out any relocation pursuant to Public Law 93-531. (3) Land which is designated by the Secretary of the Interior under paragraph (1) shall be available for sale under subsection (a) during the period which begins on the date which such designation is made and ends on the date which is four years after the date of enactment of this Act. (c)(1) If Apache County, Arizona, agrees to use any portion of the land purchased under subsection (a) only for public purposes, the price at which such portion of the land shall be sold to Apache County under subsection (a) shall be equal to the lesser of— (A) the price at which Apache County could acquire such land under the Federal Land Policy Management Act of 1976, or (B) the price at which Apache County could acquire such land under the Act of June 14, 1926 (44 Stat. 741; chapter 578). (2) If Apache County, Arizona, does not agree to use a portion of the land purchase by such county under subsection (a) only for public purposes, the price at which such portion of land shall be sold under subsection (a) shall be fair market value of such portion of land determined with regard to the current use of such portion of land on the day preceding the date of such sale. (d) The provisions of this section shall not delay the transfer of any land under this Act for the benefit of the Zuni Indian Tribe. SEC. 6. The value of the interest in land conveyed or any funds expended pursuant to this Act or any other sums expended or services rendered gratuitously or otherwise by the United States for the benefit of the Zuni Indian Tribe or its members from 1846 to the present shall not be offset against any award of judgment against the United States which may be rendered in favor of the Zuni Indian Tribe in Docket Numbers 161-79L and 327-81L presently pending before the United States Court of Claims. The Zuni Indian Tribe may encumber its interest in said dockets in order to acquire the lands described in section 3. SEC. 7. For the purpose of subtitle A of the Internal Revenue Code of 1954, any transfer of private lands or leasehold interests to which section 3 applies shall be deemed to be an involuntary conversion within the meaning of section 1033 of such Code. SEC. 8. Payment being made to any State or local government pursuant to the provisions of section 1601 of title 31, United States

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/375

 PUBLIC LAW 98-408—AUG. 28, 1984

98 STAT. 1535

Code, on any lands transferred pursuant to section 2 hereof shall continue to be paid as if such transfer had not occurred. Approved August 28, 1984.

'Jafi'iD

LEGISLATIVE HISTORY—S. 2201: SENATE REPORT No. 98-441 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): July 31, considered and passed Senate. Aug. 8, considered and passed House, amended. Aug. 10, Senate concurred in House amendments.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/376

 98 STAT. 1536

PUBLIC LAW 98-409—AUG. 29, 1984

Public Law 98-409 98th Congress

L-T'

An Act Aug. 29, 1984 [H.R. 4214]

To establish a State Mining and Mineral Resources Research Institute program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, AUTHORIZATION OF STATE ALLOTMENTS TO INSTITUTES Schools and colleges. 30 USC 1221.

Grants.

SECTION 1. (a)(1) There are authorized to be appropriated to the Secretary of the Interior (hereafter in this Act referred to as the "Secretary") funds adequate to provide for each participating State $300,000 for the fiscal year ending September 30, 1985, and $400,000 to each participating State for each fiscal year thereafter for a total of five years, to assist the States in carrying on the work of a competent and qualified mining and mineral resources research institute or center (hereafter in this Act referred to as the "institute") at one public college or university in the State which meets the eligibility criteria established in section 10. (2)(A) Funds appropriated under this section shall be made available for grants to be matched on a basis of no less than one and onehalf non-Federal dollars for each Federal dollar during the fiscal years ending September 30, 1985, and September 30, 1986, and no less than two non-Federal dollars for each Federal dollar during the fiscal years ending September 30, 1987, September 30, 1988, and September 30, 1989. (B) If there is more than one such eligible college or university in a State, funds appropriated under this Act shall, in the absence of a designation to the contrary by act of the legislature of the State, be granted to one such college or university designated by the Governor of the State. (C) Where a State does not have a public college or university eligible under section 10, the Committee on Mining and Mineral Resources Research established in section 9 (hereafter in this Act referred to as the "Committee") may allocate the State's allotment to one private college or university which it determines to be eligible under such section. (b) It shall be the duty of each institute to plan and conduct, or arrange for a component or components of the college or university with which it is affiliated to conduct research, investigations, demonstrations, and experiments of either, or both, a basic or practical nature in relation to mining and mineral resources, and to provide for the training of mineral engineers and scientists through such research, investigations, demonstrations, and experiments. The subject of such research, investigation, demonstration, experiment, and training may include exploration; extraction; processing; development; production of mineral resources; mining and mineral technology; supply and demand for minerals; conservation and best use of available supplies of minerals; the economic, legal, social, engineering, recreational, biological, geographic, ecological, and other as-

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/377

 PUBLIC LAW 98-409—AUG. 29, 1984

98 STAT. 1537

pects of mining, mineral resources, and mineral reclamation. Such research, investigation, demonstration, experiment, and training shall consider the interrelationship with the natural environment, the varying conditions and needs of the respective States, and mining and mineral resources research projects being conducted by agencies of the Federal and State governments and other institutes. RESEARCH FUNDS TO INSTITUTES

SEC. 2. (a) There is authorized to be appropriated to the Secretary Appropriation $10,000,000 for the fiscal year ending September 30, 1985. This authorization. amount shall be increased by $1,000,000 for each fiscal year thereaf- 30 USC 1222. ter for four additional years, which shall remain available until expended. Such funds when appropriated shall be made available to institutes to meet the necessary expenses for purposes o— f (1) specific mineral research and demonstration projects of broad application, which could not otherwise be undertaken, including the expenses of planning and coordinating regional mining and mineral resources research projects by two or more mM institutes; and (2) research into any aspects of mining and mineral resources problems related to the mission of the Department of the Interior, which are deemed by the Committee to be desirable and are not otherwise being studied. O> Each application for funds under subsection (a) of this section t) shall state, among other things, the nature of the project to be undertaken; the period during which it will be pursued; the qualifications of the personnel who will direct and conduct it; the estimated costs; the importance of the project to the Nation, region, or State concerned; its relation to other known research projects theretofore pursued or being pursued; the extent to which the proposed project will provide opportunity for the training of mining and mineral engineers and scientists; and the extent of participation by nongovernmental sources in the project. (c) The Committee shall review all such funding applications and recommend to the Secretary the use of the institutes, insofar as practicable, to perform special research. Recommendations shall be made without regard to the race, religion, or sex of the personnel who will conduct and direct the research, and on the basis of the facilities available in relation to the particular needs of the research project; special geographic, geologic, or climatic conditions within the immediate vicinity of the institute; any other special requirements of the research project; and the extent to which such project will provide an opportunity for training individuals as mineral engineers and scientists. The Committee shall recommend to the Secretary the designation and utilization of such portions of the funds authorized to be appropriated by this section as it deems appropriate for the purpose of providing scholarships, graduate fellowships, and postdoctoral fellowships. (d) No funds shall be made available under subsection (a) of this Prohibitions. section except for a project approved by the Secretary and all funds shall be made available upon the basis of merit of the project, the need for the knowledge which it is expected to produce when completed, and the opportunity it provides for the training of individuals as mineral engineers and scientists. (e) No funds made available under this section shall be applied to Prohibitions. the acquisition by purchase or lease of any land or interests therein,

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/378

 98 STAT. 1538

PUBLIC LAW 98-409—AUG. 29, 1984

or the rental, purchase, construction, preservation, or repair of any building. FUNDING CRITERIA 30 USC 1223.

Report.

SEC. 3. (a) Funds available to institutes under sections 1 and 2 of this Act shall be paid at such times and in such amounts during each fiscal year as determined by the Secretary, and upon vouchers approved by him. Each institute shall— (1) set forth its plan to provide for the training of individuals as mineral engineers and scientists under a curriculum appropriate to the field of mineral resources and mineral engineering and related fields; (2) set forth policies and procedures which assure that Federal funds made available under this Act for any fiscal year will ^ supplement and, to the extent practicable, increase the level of J., funds that would, in the absence of such Federal funds, be made ' available for purposes of this Act, and in no case supplant such funds; and (3) have an officer appointed by its governing authority who shall receive and account for all funds paid under the provisions of this Act and shall make an annual report to the Secretary on or before the first day of September of each year, on work accomplished and the status of projects underway, together with a detailed statement of the amounts received under any provisions of this Act during the preceding fiscal year, and of its disbursements on schedules prescribed by the Secretary. If any of the funds received by the authorized receiving officer of any institute under the provisions of this Act shall by any action or contingency be found by the Secretary to have been improperly diminished, lost, or misapplied, such funds shall be replaced by the State concerned and until so replaced no subsequent appropriation shall be allotted or paid to any institute of such State. (b) The institutes are authorized and encouraged to plan and conduct programs under this Act in cooperation with each other and with such other agencies and individuals as may contribute to the solution of the mining and mineral resources problems involved. Moneys appropriated pursuant to this Act shall be available for paying the necessary expenses of planning, coordinating, and conducting such cooperative research. DUTIES OF THE SECRETARY

Regulations. 30 USC 1224.

.snoiM(--'i'i

.mm'tUdl'ky-

SEC. 4. (a) The Secretary shall administer this Act and, after full consultation with other interested Federal agencies, shall prescribe such rules and regulations as may be necessary to carry out its provisions. The Secretary shall furnish such advice and assistance as will best promote the purposes of this Act, shall participate in coordinating research initiated under this Act by the institutes, shall indicate to them such lines of inquiry that seem most important, and shall encourage and assist in the establishment and maintenance of cooperation by and between the institutes and between them and other research organizations, the United States Department of the Interior, and other Federal establishments. (b) On or before the first day of July in each year beginning after the date of enactment of this Act, the Secretary shall ascertain

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/379

 PUBLIC LAW 98-409—AUG. 29, 1984

98 STAT. 1539

whether the requirements of section 3(a) have been met as to each institute and State. (c) The Secretary shall make an annual report to the Congress of Report. the receipts, expenditures, and work of the institutes in all States under the provisions of this Act. The Secretary's report shall indicate whether any portion of an appropriation available for allotment to any State has been withheld and, if so, the reason therefor. AUTONOMY

SEC. 5. Nothing in this Act shall be construed to impair or modify the legal relationship existing between any of the colleges or universities under whose direction an institute is established and the government of the State in which it is located, and nothing in this Act shall in any way be construed to authorize Federal control or direction of education at any college or university.

30 USC 1225.

MISCELLANEOUS PROVISIONS

SEC. 6. (a) The Secretary shall obtain the continuing advice and cooperation of all agencies of the Federal Government concerned with mining and mineral resources, of State and local governments, and of private institutions and individuals to assure that the programs authorized by this Act will supplement and not be redundant with respect to established mining and minerals research programs, and to stimulate research in otherwise neglected areas, and to contribute to a comprehensive nationwide program of mining and minerals research, with due regard for the protection and conservation of the environment. The Secretary shall make generally available information and reports on projects completed, in progress, or planned under the provisions of this Act, in addition to any direct publication of information by the institutes themselves. (b) Nothing in this Act is intended to give or shall be construed as giving the Secretary any authority over mining and mineral resources research conducted by any agency of the Federal Government, or as repealing or diminishing existing authorities or responsibilities of any agency of the Federal Government to plan and conduct, contract for, or assist in research in its area of responsibility and concern with regard to mining and mineral resources. (c) No research, demonstration, or experiment shall be carried out under this Act by an institute financed by grants under this Act, unless all uses, products, processes, patents, and other developments resulting therefrom, with such exception or limitation, if any, as the Secretary may find necessary in the public interest, are made available promptly to the general public. Patentable inventions shall be governed by the provisions of Public Law 96-517. Nothing contained in this section shall deprive the owner of any background patent relating to any such activities of any rights which that owner may have under that patent. (d) There are authorized to be appropriated after September 30, 1984, such sums as are necessary for the printing and publishing of the results of activities carried out by institutes under this Act and for administrative planning and direction, but such appropriations shall not exceed $1,000,000 in any single fiscal year.

30 USC 1226.

Public availability.

Prohibitions.

Prohibitions. Public availability. Patents.

94 Stat. 3015.

Appropriation authorization.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/380

 98 STAT. 1540

PUBLIC LAW 98-409—AUG. 29, 1984

rfoF*^ oi »B ism Public information 30 USC 1227.

CENTER FOR CATALOGING

iO(n

f^ct

SEC. 7. The Secretary shall establish a center for cataloging current and projected scientific research in all fields of mining and mineral resources. Each Federal agency doing mining and mineral resources research shall cooperate by providing the cataloging center with information on work underway or scheduled by it. The cataloging center shall classify and maintain for public use a catalog of mining and mineral resources research and investigation projects in progress or scheduled by all Federal agencies and by such nonFederal agencies of government, colleges, universities, private institutions, firms, and individuals as may make such information available. INTERAGENCY COOPERATION

President of U.S. 30 USC 1228.

SEC. 8. The President shall, by such means as he deems appropriate, clarify agency responsibility for Federal mining and mineral resources research and provide for interagency coordination of such research, including the research authorized by this Act. Such coordination shall include— (1) continuing review of the adequacy of the Government-wide program in mining and mineral resources research; (2) identification and elimination of duplication and overlap between agency programs; (3) identification of technical needs in various mining and mineral resources research categories; (4) recommendations with respect to allocation of technical effort among Federal agencies; (5) review of technical manpower needs, and findings concerning management policies to improve the quality of the Government-wide research effort; and (6) actions to facilitate interagency communication at management levels. COMMITTEE

Establishment. 30 USC 1229.

30 USC 1221.

SEC. 9. (a) The Secretary shall appoint a Committee on Mining and Mineral Resources Research composed of^ (1) the Assistant Secretary of the Interior responsible for minerals and mining research, or his delegate; (2) the Director, Bureau of Mines, or his delegate; (3) the Director, United States Geological Survey, or his delegate; (4) the Director of the National Science Foundation, or his delegate; (5) the President, National Academy of Sciences, or his delegate; (6) the President, National Academy of Engineering, or his delegate; and (7) not more than six other persons who are knowledgeable in the fields of mining and mineral resources research, including two university administrators involved in the conduct of programs authorized by section 301 of the Surface Mining Control and Reclamation Act of 1977, two representatives from the mining industry, a working miner, and a representative from the conservation community. In making these six appointments, the Secretary shall consult with interested groups.

�