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PUBLIC LAW 91.511-OCT. 26. 1970

40 Stat. 1141 i 43 Stat. 3 5 3. 2 USC 271.

[84 STAT.

sentatives shall be transferred to the Office established under this subtitle; and, effective upon the date of enactment of this Act, the provisions of section 1303 of the Revenue Act of 1918 shall have no further applicability of any kind to the Speaker or to any committee, officer, employee, or property of the House of Representatives. TITLE VI—EFFECTIVE DATES EFFECTIVE DATES

Ante, p p. 1143, 1167, 1 1 7 5, 1 1 8 7. Ante, p. 1169.

Ante,

p. 1181.

Ante,

p. 1201.

Ante,

p. 1181.

SEC. 601. The foregoing provisions of this Act shall take effect as follows: (1) Title I, title II (except part 2 thereof^, title III (except section 203 (d)(2), (d)(3), and (i) of the Legislative Reorganization Act of 1946, as amended by section 321 of this Act, and section 105(e) and (f) of the Legislative Branch Appropriation Act, 1968', as amended by section 305 of this Act), and title IV, of this Act shall become effective immediately prior to noon on January 3, 1971. (2) Part 2 of title II shall be effective with respect to fiscal years beginning on or after July 1, 1972. (3) Section 203(d)(2) and (3) of the Legislative Reorganization Act of 1946, as amended by section 321 of this Act, shall become effective at the close of the first session of the Ninety-second Congress. (4) Section 203(i) of the Legislative Reorganization Act of 1946, as amended by section 321 of this Act, shall be effective with respect to fiscal years beginning on or after July 1, 1970. (5) Title V of this Act shall become effective on the date of enactment of this Act. (6) Section 105(e) and (f) of the Legislative Branch Appropriation Act, 1968, as amended by section 305 of this Act, shall become effective on January 1, 1971. Approved October 26, 1970.

Public Law 91-511 October 26, 1970

[H. R. 17604]

Military Construction and R e serve Forces F a c i l i t i e s authoi*ization acts,1971« Army.

^

ACT

To authorize certain construction at military installations, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

TITLE I SEC. 101. The Secretary of the Army may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment for the following acquisition and construction:

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PUBLIC LAW 91-511~OCT. 26, 1970 INSIDE THE UNITED STATES UNITED STATES CONTINENTAL ARMY COMMAND

(First Army) Fort Belvoir, Virginia, $4,959,000. Carlisle Barracks, Pennsylvania, $503,000. Fort Dix, New Jersey, $11,671,000. Fort Eustis, Virginia, $260,000. Fort Hamilton, New York, $575,000. Fort Knox, Kentucky, $8,249,000. Fort Lee, Virginia, $98,000. Fort George G. Meade, Maryland, $257,000. (Third Army) Fort Fort Fort Fort Fort Fort

Benning, Georgia, $2,855,000. Campbell, Kentucky, $497,000. Gordon, Georgia, $31,447,000. Jackson, South Carolina, $506,000. Kucker, Alabama, $1,435,000. Stewart, Georgia, $1,534,000. (Fourth Army)

Fort Bliss, Texas, $809,000. Fort Sam Houston, Texas, $15,496,000. Fort Sill, Oklahoma, $581,000. (Fifth Army) Fort Fort Fort Fort

Carson, Colorado, $623,000. Benjamin Harrison, Indiana, $523,000. Riley, Kansas, $7,515,000. Leonard Wood, Missouri, $1,946,000. (Sixth Army)

Hunter-Liggett Military Reservation, California, $2,915,000. Fort Lewis, Washington, $3,757,000. Presidio of Monterey, California, $2,635,000. Fort Ord, Calif omia, $3,497,000. Presidio of San Francisco, California, $7,004,000. (Military District of Washington) Fort Myer, Virginia, $525,000. UNITED STATES ARMY MATERIEL COMMAND

Aeronautical Maintenance Center, Texas, $3,738,000. Alabama Army Ammunition Plant, Alabama, $117,000. Anniston Army Depot, Alabama, $915,000. Atlanta Army Depot, Georgia, $117,000.

1205

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PUBLIC LAW 91-511-OCT. 26, 1970

[84 STAT.

Badger Army Ammunition Plant, Wisconsin, $1,604,000. Burnngton Army Ammunition Plant, New Jersey, $384,000. Charleston Army Depot, South Carolina, $67,000. Cornhusker Army Ammunition Plant, Nebraska, $650,000. Harry Diamond Laboratory, Maryland, $12,898,000. Iowa Army Ammunition Plant, Iowa, $300,000. Letterkenny Army Depot, Pennsylvania, $410,000. Fort Monmouth, New Jersey, $2,757,000. New Cumberland Army Depot, Pennsylvania, $99,000. Picatinny Arsenal, New Jersey, $752,000. Eadford Army Ammunition Plant, Virginia, $2,333,000. Ridgewood Army Weapons Plant, Ohio, $120,000. Eock Island Arsenal, lUmois, $2,750,000. Sierra Army Depot, California, $369,000. Tobyhanna Army Depot, Pennsylvania, $115,000. Tooele Army Depot, Utah, $249,000. Watervliet Arsenal, New York, $1,362,000. White Sands Missile Range, New Mexico, $2,261,000. Yuma Proving Ground, Arizona, $1,798,000. UNITED STATES ARMY SECURrTY AGENCY

Vint Hill Farms, Virginia, $475,000. UNITED STATES ARMY STRATEGIC COMMUNICATIONS COMMAND

Fort Huachuca, Arizona, $2,383,000. Fort Ritchie, Maryland, $876,000. UNITED STATES MILITARY ACADEMY

United States Military Academy, West Point, New York, $8,519,000. ARMY MEDICAL. DEPARTMENT

Walter Reed Army Medical Center, District of $10,216,000.

Columbia,

CORPS OF ENGINEERS

Topographic Command, Missouri, $558,000. MILITARY TRAFFIC MANAGEMENT AND TERMINAL SERVICE

Military Ocean Terminal, Bayonne, New Jersey, $3,440,000. Oakland Army Base, California, $1,458,000. UNITED STATES ARMY, HAWAII

Schofield Barracks, $2,955,000. OUTSIDE THE UNITI:D

STATES

UNITED STATES ARMY, PACIFIC

Korea, Various Locations, $6,190,000. Vietnam, Various Locations, $25,000,000. Kwajalein Missile Range, $560,000.

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PUBLIC LAW 91-511-OCT. 26, 1970

1207

UNITED STATES A R M Y SECURITY AGENCY

Various Locations, $2,535,000. I N I T E D STATES A R M Y, EUROPE

Germany, Various Tx)cations, $7,412,000. Various Locations: For the United States share of the cost of multilateral programs for the acquisition or construction of military facilities and installations, including international military headquarters, for the collective defense of the North Atlantic Treaty Area, $41,500,000: Provided, That, within thirty days after the end of each ^^ll°^J°^°Z quarter, the Secretary of the Army shall furnish to the Committees on mittees. Armed Services and on Appropriations of the Senate and the House of Representatives a description of obligations incurred as the United States share of such multilateral programs. SEC. 102. The Secretary of the Army may establish or develop classified military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of $2,000,000. SEC. 103. The Secretary of the Army may establish or develop Army di^£^°'"*con"''°"" installations and facilities by proceeding with constructions made tion authoriz^aticm". necessary by changes in Army missions and responsibilities which have been occasioned by: (a) unforeseen security considerations, (b) new weapons developments, (c) new and unforeseen research and development requirements, or (d) improved production schedules, if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be inconsistent with interests of national security, and in connection therewith to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, in the total amount of $10,000,000: Provided, That the Secretary of the com°mftteesI°noA. Army, or his designee, shall notify the Committees on Armed Services fication. of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization will expire as of Septem- Authorization ber 80, 1971, except for those public works projects concerning which ^^P^*"^**""the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to that date. SEC. 104. The Secretary of the Army is authorized to acquire, under?'^^}^ sands such terms as he deems fair and reasonable, and at the present fair N!MW.,^iand*a'cmarket value. State-owned and privately-owned land and estates in quisition. land and improvements thereon located within the boundaries of the White Sands Missile Range, New Mexico. SEC. 105. The Secretary of the Army is authorized to acquire out of appropriations which may be available for Civil Defense in the fiscal year 1971 Independent Offices Appropriations Act, under such terms ^°®'' P* ^'*'*-'*

47-348 O - 72 - 79 (Pt. 1)

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77 Stat. 309.

81 Stat. 283.

78 Stat, 342.

81 Stat. 283.

79 Stat. 795.

83 Stat. 296.

82*Stat^3*72^^'

^^^*^*' 279; Stat. 296. 81 Stat. 281.

83 Stat. 297.

82 Stat. 368, '^*

369.

83 Stat. 297.

PUBLIC LAW 91-511-OCT. 26, 1970

[84 STAT.

as he deems appropriate, land or interests in land in approximately one hundred and sixty acres in the vicinity of Mount Joy, Pennsylvania, as he considers necessary for the construction of a prototype Decision Information Distribution System facility to augment and upgrade the area's Civil Defense warning capability. SEC. 106. (a) Public Law 88-174, as amended, is amended under the heading "INSK)E THE UNITED STATES", in section 101, as follows: With respect to "Aberdeen Proving Ground, Maryland", strike out "$4,065,000^' and insert in place thereof "$4,S26,000". (b) Public Law 88-174, as amended, is amended by striking out in clause (1) of section 602 "$165,919,000" and "$200,788,000" and inserting in place thereof "$156,180,000" and "$201,049,000", respectively. SEC. 107. (a) Public Law 88-390, as amended, is amended under the heading " I N S I D E THE UNITED STATES ", in section 101, as f o l l o w s: With respect to "Edgewood Arsenal, Maryland," strike out "$6,843,000" and insert in place thereof "$7,405,000". (b) Public Law 88-390, as amended, is amended by striking out in clausc (1) of section 602 "$256,536,000" and "$307,597,000" and inserting in place thereof "$257,098,000" and "$308,159,000", respectively. SEC. 108. (a) Public Law 89-188, as amended, is amended under the heading " I N S I D E THE UNITED STATES ", in section 101, a s follows: (1) With respect to "Aberdeen Proving Ground, Maryland," strike out '^$3,419,000'^ and insert in place thereof "$3,874,000". (2) With respect to "Rock Island Arsenal, Illinois", strike out "$826,000" and insert in place thereof "$835,000". (b) Public Law 89-188, as amended, is amended by striking out in clause (1) of section 602 "$261,135,000" and $317,996,000" and inserting in place thereof "$261,599,000" and $318,460,000", respectively. SEC. 109. (a) Public Law 89-568, as amended, is amended under ^^^ heading "INSIDE THE UNITED STATES", in section 101, as follows: With respect to "Fort Jackson, South Carolina", strike out "$5,565,000" and insert in place thereof "$5,928,000". (b) Public Law 89-568, as amended, is amended by striking out in clause (1) of section 602 "$59,352,000" and "$134,067,000" and inserting in place thereof "$59,715,000" and "$134,430,000", respectively. SEC. 110. (a) Public Law 90-110, as amended, is amended under the heading "INSIDE THE UNITED STATES", in section 101, as follows: ^^^ ^..^g respect to Fort Lee, Virginia, strike out "$1,727,000" and insert in place thereof "$2,575,000". (2) W i t h resjpect to United States Military Academy, West Point, New York, strike out "$15,495,000" and insert in place thereof "$18,077,000". (b) Public Law 90-110, as amended, is amended by striking out in ^ause (1) of section 802 "$284,625,000" and "$388,018,000", and inserting m place thereof "$288,055,000" and "$391,448,000", respectively. SEC. 111. (a) Public Law 90-408, as amended, is amended under the heading " I N S I D E THE UNITED STATES ", i n section 101, a s follows: (1) With respect to "Fort Benjamin Harrison, Indiana", strike out "$4,590,000" and insert in place thereof "$7,200,000". (2) With respect to "Pine Bluff Arsenal, Arkansas", strike out "$169,000" and insert in place thereof "$253,000". (b) Public Law 90-408, as amended, is amended by striking out in clausc (1) of section 802 "$363,805,000" and "$450,957,000" and inserting in place thereof "$366,499,000" and "$453,651,000", respectively.

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PUBLIC LAW 91-511-OCT. 26, 1970

SEC. 112. (a) Public Law 91-142 is amended under the heading " I N S I D E THE UNITED STATES," in section 101, as follows: With respect to "United States Military Academy, West Point, New York", strike out "$17,421,000" and insert in place thereof "$28,159,000". (b) Public Law 91-142 is amended by striking out in clause (1) of section 702 "$175,853,000" and "$279,988,000", and inserting in place thereof "$186,591,000" and "$290,726,000", respectively.

1209 83 Stat. 295.

" Stat. 314.

TITLE II SEC. 201. The Secretary of the Navy may establish or develop milltary installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment for the following acquisition and construction: INSIDE THE L^NITED STATES FIRST NAVAL DisTRicrr

Naval Shipyard, Portsmouth, New Hampshire, $5,685,000. Naval Station, Newport, Rhode Island, $2,409,000. Navy Public Works Center, Newport, Rhode Island, $644,000. Naval W a r College, Newport, Rhode Island, $4,390,000. T H I R D NAVAL

DISTRICT

Naval Submarine Base, New London, Connecticut, $6,652,000. FOURTH

NAVAL

DISTRICT

Naval Air Propulsion Test Center, Trenton, New Jersey, $356,000. Navy Ships Parts Control Center, Mechanicsburg, Pennsvlvania, $697,000. Naval Station, Philadelphia, Pennsylvania, $4,342,000. Naval Publications and Forms Center, Philadelphia, Pennsylvania, $250,000. NAVAL DISTRICT

WASHINGTON

Boiling/Anacostia, Washington, District of Columbia, $16,200,000. Naval Air Facility, Washington, District of Columbia, $57,000. Naval Research Laboratory, Washington, District of Columbia, $2,628,000. Naval Station, Washington, District of Columbia, $573,000. Naval Academy, Annapolis, Maryland, $10,000,000. Naval Ordnance Station, Indian Head, Maryland, $159,000. Naval Weapons Laboratory, Dahlgren, Virginia, $530,000. FIFTH

Naval Naval Naval Naval Naval Naval Naval

NAVAL

DISTRICT

Amphibious Base, Little Creek, Virginia, $4,408,000. Station, Norfolk, Virginia, $1,120,000. Air Rework Facility, Norfolk, Virginia, $2,070,000. Shipyard, Norfolk, Virginia, $5,216,000. Supply Center, Norfolk, Virginia, $55,000. Air Station, Oceana, Virginia, $1,886,000. Weapons Station, Yorktown, Virginia, $1,221,000.

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PUBLIC LAW 91-511-OCT. 26, 1970 SIXTH

NAVAL

[84 STAT.

DISTRICT

Naval Air Station, Cecil Field, Florida, $470,000. Naval Air Rework Facility, Jacksonville, Florida, $3,869,000. Naval Station, Mayport, Florida, $519,000. Naval Training Center, Orlando, Florida, $11,327,000. Naval Training Device Center, Orlando, Florida, $1,665,000. Naval Air Station, Pensacola, Florida, $8,444,000. Naval Air Station, Whiting Field, Milton, Florida, $420,000. Naval Air Station, Saufley Field, Florida, $457,000. •' • Naval Air Station, Meridian, Mississippi, $2,782,000. Naval Construction Battalion Center, Gulfport, Mississippi, $1,721,000. Naval Shipyard, Charleston, South Carolina, $6,884,000. Naval Station, Charleston, South Carolina, $2,233,000. Naval Weapons Station, Charleston, South Carolina, $5,180,000. EIGHTH

NAVAL

DISTRICT

Naval Air Station, Corpus Christi, Texas, $2,957,000. Naval Inactive Ship Maintenance Facility, Orange, $146,000. J, ^, NINTH

Texas, ,

NAVAL DISTRICT

Navy Public Works Center, Great Lakes, Illinois, $12,525,000. Naval Training Center, Great Lakes, Illinois, $3,537,000. E L E V E N T H NAVAL DISTRICT

Naval Observatory Flagstaff Station, Flagstaff, Arizona, $286,000. Naval Weapons Center, China Lake, California, $1,585,000. Naval Dental Clinic, Long Beach, California, $1,163,000. Naval Shipyard, Long Beach, California, $8,371,000. Pacific Missile Range, Point Mugu, California, $2,929,000. Naval Construction Battalion Center, Port Hueneme, California, $3,000,000. Naval Weapons Station, Seal Beach, California, $405,000. Naval Air Station, Miramar, California, $3,100,000. Naval Air Station, North Island, San Diego, California, $1,122,000. Naval Station, San Diego, California, $1,909,000. TWELFTH

NAVAL DISTRICT

Naval Air Station, Lemoore, California, $3,973,000. Naval Air Station, Alameda, California, $3,023,000. Naval Weapons Station, Concord, California, $455,000. Naval Air Station, Moffett Field, California, $48,000. Naval Supply Center, Oakland, California, $195,000. Naval Shipyard, Hunters Point, San Francisco, California, $5,058,000. Naval Shipyard, Mare Island, Vallejo, California, $4,246,000. Naval Auxiliary Air Station, Fallon, Nevada, $2,222,000. Naval Ammunition Depot, Hawthorne, Nevada, $495,000. THIRTEENTH

Naval Naval Naval Naval

NAVAL DISTRICT

Ammunition Depot, Bangor, Washington, $70,000. Radio Station T, J i m Creek, Oso, Washington, $159,000. Shipyard, Puget Sound, Bremerton, Washington, $4,914,000. Air Station, Whidbey Island, Washington, $2,541,000.

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PUBLIC LAW 91-511-OCT. 26, 1970 FOURTEENTH

NAVAL

DISTRICT

Fleet Intelligence Center, Pacific, Pearl Harbor, Oahu, Hawaii, $4,579,000. Naval Submarine Base, Pearl Harbor, Oahu, Hawaii, $4,123,000. Navy Public Works Center, Pearl Harbor, Oaliu, Hawaii, $220,000. Naval Dental Clinic, Pearl Harbor, Oahu, Hawaii, $1,752,000. Naval Ammunition Depot, Oahu, Hawaii, $529,000. Naval Air Station, Barbers Point, Oahu, Hawaii, $2,480,000. OMEGA Navigation Station, Haiku, Oahu, Hawaii, $3,162,000. Naval Communication Station, Honolulu, Wahiawa, Oahu, Hawaii, $200,000. SEVENTEENTH

NAVAL

DISTRICT

Naval station, Adak, Alaska, $4,781,000. Naval Arctic Research Laboratory, Barrow, Alaska, $2,638,000. M A R I N E CORPS F A C I L I T I E S

Marine Barracks, Washington, District of Columbia, including special relocation costs, $700,000. Marine Corps Development and Education Command, Quantico, Virginia, $5,283,000. Marine Corps Base, Camp Lejeune, North Carolina, $1,384,000. Marine Corps Air Station, Cherry Point, North Carolina, $6,764,000. Marine Corps Recruit Depot, Parris Island, South Carolina, $112,000. Marine Corps Air Station, Yuma, Arizona, $332,000. Marine Corps Supply Center, Barstow, California, $75,000. Marine Corps Air Station, E l Toro, California, $5,344,000. Marine Corps Air Station, Santa Ana, California, $1,050,000. Marine Corps Auxiliary Landing Field, Camp Pendleton, California, $1,570,000. Marine Corps Base, Camp Pendleton, California, $9,294,000. Marine Corps Base, Twentynine Palms, California, $1,605,000. OUTSIDE THE UNITED TENTH

STATES

NAVAL DISTRICT

Naval Station, Roosevelt Roads, Puerto Rico, $343,000. Naval Station, San Juan, Puerto Rico, $134,000. ATLANTIC

OCEAN

AREA

Naval Station, Keflavik, Iceland, $10,613,000. Naval Facility, Argentia, Newfoundland, $1,580,000. EUROPEAN

AREA

Naval Air Facility, Sigonella, Sicily, Italy, $582,000. Naval Radio Station, Thurso, Scotland, $282,000. P A C I F I C OCEAN AREA

Naval Communication Station, Harold E. Holt, Exmouth, Australia, $747,000. Naval Magazine, Guam, Mariana Islands, $3,287,000. Naval Station, Guam, Mariana Islands, $1,464,000. Naval Ship Repair Facility, Guam, Mariana Islands, $740,000.

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PUBLIC LAW 91-511-OCT. 26, 1970

[84 STAT.

Navy Public Works Center, Giium, Mariana Islands, $1,868,000. Navy Public Works Center, Subic Bay, Republic of the Philippines, $859,000. Classified inSEC. 202. The Secretary of the Xavy may establish or develop classistallations, e s t a b lied Navy installations and facilities by acquiring, converting, rehabililishment. tating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the amount of $974,000. Unforeseen conSEC. 203. The Secretary of the Xavy may establish or develop Navy ditions, construction authorization. installations and facilities by proceeding with construction made necessary by changes in Navy missions and responsibilities which have been occasioned by: (a) unforeseen security considerations, (b) new weapons developments, (c) new and unforeseen research and development requirements, or (d) improved production schedules, if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military (\)nstruction Authorization Act would be inconsistent with interests of national security, and in connection therewith to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, in the total amount of Congressional $10,000,000: Provided. That the Secretary of the Navy, or his designee, committees, noti- shall notify the Committees on Armed Ser\ices of the Senate and fication. House of Representatives, immediately upon reaching a decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining Authorization thereto. This authorization will expire as of September 80, 1971, except expiration. for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to that date. Marine Corps SEC. 204. The Secretary of the Navy is authorized to acquire, under Air Station, El Toro, Calif., land such terms as he deems appropriate, privately owned land or interests acquisition. in land (including easements) contiguous to the south approach to Runway 84R of the Marine Corps Air Station, El Toro, California, as he considers necessary for safe and efficient operation of that station. Acquisition of such land or interests in land shall be effected by the exchange of such excess land or interests in land of approximately equal value as the Secretary of Defense may determine to be available for the purpose. If the fair market value of the land or interests in land to be acquired is less than the fair market value of the Government property to be exchanged, the amount of such deficiency shall be paid to the Government. Marine Corps Air SEC. 205. The Secretary of the Navy is authorized to acquire, under Station, Santa Ana, Calif,, land acqui- such terms as he deems appropriate, land or interests in land (includsition. ing easements) in approximately four hundred eighteen acres of pri\'ately owned property contiguous to the western approach to Runwa}' 06-24 of the Marine Corps Air Station, Santa Ana, California, as he considers necessary for safe and efficient operations at that station. Acquisition of such land or interests in land shall be effected by the exchange of such excess land or interests in land of approximately equal value, as the Secretary of Defense may determine to be available for the purpose. If the fair market value of the land or interests in land to be acquired is less than the fair market value of the Government property to be exchanged, the amount of such deficiency shall be paid to the Government. SEC. 206. (a) Public Law 89-568, as amended, is amended under the 82 Stat. 379. heading "INSIDE THE IlNrncD STATES", in section 201 as follows: (1) With respect to Naval Submarine Medical Center, New London, Connecticut, strike out "$6,101,000" and insert in place thereof "$10,846,000".

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PUBLIC LAW 91-511-OCT. 26, 1970

(b) Public Law 89-568, as amended, is amended by striking out in clause (2) of section 602 "$119,164,000" and "$143,327,000" and inserting in place thereof "$123,909,000" and "$148,072,000", respectively. SEC. 207. (a) Public Law 90-408, as amended, is amended under the heading "INSIDE THE UNITED STATES", in section 201 as follows: (1) With respect to Naval Air Station, Lakehurst, New Jersey, strike out "$1,284,000" and insert in place thereof "$1,448,000". (2) With respect to Naval School, Underwater Swimmers, Key West, Florida, strike out "$100,000" and insert in place thereof "$175,000". (3) With respect to Navy Training Publications Center, Memphis, Tennessee, strike out "$289,000" and insert in place thereof "$413,000". (4) With respect to Naval Hospital, Corpus Christi, Texas, strike out "$8,000,000" and insert in place thereof "$9,900,000". (5) With respect to Naval Weapons Station, Concord, California, strike out "$395,000" and insert in plac^ thereof "$650,000". (6) With respect to Naval Shipyard, Bremerton, Washington, strike cut "$1,640,000" and insert in place thereof "$3,102,000". (7) With respect to Marine Corps Base, Camp Pendleton, California, strike out "$1,838,000" and insert in place thereof "$2,040,000". (b) Public Law 90-408, as amended, is amended by striking out in clause (2) of section 802 "$234,900,000" and "$241,765,000" and inserting in place thereof "$239,082,000" and "$245,947,000", respectively. SEC. 208. (a) Public Law 91-142 is amended under the heading "INSIDE THE ITNITED STATES", in section 201 as follows: (1) With respect to Naval Air Station, Cecil Field, Florida, strike out "$1,135,0(K)" and insert in place thereof "$1,288,000". (2) With respect to Naval Hospital, Cimp Pendleton, California, strike out "$19,805,000" and insert in place thereof "$24,100,000". (3) With respect to Naval Undersea Warfare (^enter, San Diego, Cilifornia, strike out "$6,400,000" and insert in place thereof "$6,736,000". (4) With respect to Navy Public Works Center, Pearl Harbor, Oahu, Hawaii, strike out "$6,519,000" and insert in place thereof "$7,278,000". (b) Public Law 91-142 is amended in clause (2) of section 702 by striking out "$271,251,000" and "$306,305,000" and inserting in place thereof "$276,794,000" and "$311,848,000", respectively.

1213 83 Stat. 302. ^^ ^*°*' ^^^• 82 Stat. 374. 82 Stat. 375.

^^ ^*^** ^^^*

82 Stat. 377. 83 Stat. 3 0 3.

^^ Stat. 298. 83 Stat. 299.

83 Stat. 300. 83 Stat. 314.

TITLE III ISEC. 301. The Secretary of the Air Force may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, for the following acquisition and construction: INSIDE THE IGNITED STATES AEROSPACE DEFENSE COMMAND

Otis Air Force Base, Falmouth, Massachusetts, $81,(M>0. Peterson Field, Colorado Springs, Colorado, $5,998,000. Tvndall Air Force Base, Panama City, Florida, $1,853,000.

"^^ Force.

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PUBLIC LAW 91-511-OCT. 26, 1970 AIR FORCE LOGISTICS

[84 STAT.

COMMAND

Gentile Air Force Station, Dayton, Ohio, $240,000. Griffiss Air Force Base, Rome, New York, $8,615,000. Hill Air Force Base, Ogden, Utah, $2,090,000. Kelly Air Force Base, San Antonio, Texas, $18,060,000. McClellan Air Force Base, Sacramento, California, $4,615,000. Robins Air Force Base, Macon, Georgia, $5,551,000. Tinker Air Fore© Base, Oklahoma City, Oklahoma, $2,071,000. Wright-Patterson Air Force Base, Dayton, Ohio, $1,159,000. AIR FORCE SYSTEMS COMMAND

Arnold Engineering Development Center, Tullahoma, Tennessee, $4,768,000. Brooks Air Force Base, San Antonio, Texas, $2,414,000. Edwards Air Force Base, Muroc, California, $214,000. Eglin Air Force Base, Valparaiso, Florida, $6,456,000. Holloman Air Force Base, Alamogordo, New Mexico, $650,000. Kirtland Air Force Base, Albuquerque, New Mexico, $1,263,000. Satellite Tracking Facilities, $869,000. AIR T R A I N I N G

COMMAND

Chanute Air Force Base, Rantoul, Illinois, $8,504,000. Columbus Air Force Base, Columbus, Mississippi, $372,000. Craig Air Force Base, Selma, Alabama, $836,000. Keesler Air Force Base, Biloxi, Mississippi, $8,057,000. Lackland Air Force Base, San Antonio, Texas, $55,000. Laredo Air Force Base, Laredo, Texas, $627,000. Laughlin Air Force Base, Del Rio, Texas, $310,000. Lowry Air Force Base, Denver, Colorado, $6,561,000. Moody Air Force Base, Valdosta, Georgia, $2,227,000. Randolph Air Force Base, San Antonio, Texas, $1,112,000. Reese Air Force Base, Lubbock, Texas, $1,047,000. Sheppard Air Force Base, Wichita Falls, Texas, $6,251,000. Vance Air Force Base, Enid, Oklahoma, $1,901,000. Webb Air Force Base, Big Spring, Texas, $349,000. Williams Air Force Base, Chandler, Arizona, $4,199,000. AIR U N IV E R S I T Y

Maxwell Air Force Base, Montgomery, Alabama, $677,000. A L A S K A N AIR COMMAND

Elmendorf Air Force Base, Anchorage, Alaska, $2,309,000. Various Locations, $4,886,000. HEADQUARTERS

COMMAND

Andrews Air Force Base, Camp Springs, Maryland, $3,949,000.

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PUBLIC LAW 91-511-OCT. 26, 1970 MILITARY AIRLIFT

COMMAND

Alius Air Force Base, Alius, Oklahoma, $590,000. Charlesion Air Force Base, Charlesion, Souih Carolina, $7,136,000. Dover Air Force Base, Dover, Delaware, $8,327,000. McOhord Air Force Base, Tacoma, Washingion, $619,000. Norton Air Force Base, San Bernardino, California, $1,612,000. Scoii Air Force Base, Belleville, Illinois, $3,879,000. Travis Air Force Base, Fairfield, California, $696,000. P A C I F I C AIR FORCES

Hickam Air Force Base, Honolulu, Hawaii, $1,855,000. STRATEGIC AIR COMMAND

Barksdale Air Force Base, Shrevepori, Louisiana, $354,000. Beale Air Force Base, Marysville, California, $1,954,000. Blyiheville Air Force Base, Blytheville, Arkansas, $213,000. Casile Air Force Base, Merced, California, $82,000. Davis-Monihan Air Force Base, Tucson, Arizona, $404,000. Dyess Air Force Base, Abilene, Texas, $150,000. Ellsworih Air Force Base, Rapid Ciiy, Souih Dakoia, $196,000. Francis E. Warren Air Force Base, Cheyenne, Wyoming, $178,000. Grand Forks Air Force Base, Grand Forks, Norih Dakota, $1,089,000. K. I. Sawyer Air Force Base, Marqueiie, Michigan, $483,000. Loring Air Force Base, Limesione, Maine, $515,000. March Air Force Base, Riverside, California, $209,000. Malmsirom Air Force Base, Greai Falls, Montana, $1,202,000. McCoy Air Force Base, Orlando, Florida, $139,000. Minoi Air Force Base, Minoi, Norih Dakoia, $134,000. Offuti Air Force Base, Omaha, Nebraska, $593,000. Pease Air Force Base, Portsmouth, New Hampshire, $488,000. Vandenberg Air Force Base, Lompoc, California, $3,158,000. Westover Air Force Base, Chicopee Falls, Massachusetts, $1,176,000. Wurtsmith Air Force Base, Oscoda, Michigan, $663,000. Various Locations, $430,000. TACTICAL AIR COMMAND

Bergstrom Air Force Base, Austin, Texas, $337,000. Cannon Air Force Base, Clovis, New Mexico, $645,000. England Air Force Base, Alexandria, Ijouisiana, $726,000. Forbes Air Force Base, Topeka, Kansas, $415,000. George Air Force Base, Victorville, California, $1,096,000. Homestead Air Force Base, Homestead, Florida, $1,035,000. Langley Air Force Base, Hampton, Virginia, $4,792,000. Little Rock Air Force Base, Little Rock, Arkansas, $425,000. Lockbourne Air Force Base, Columbus, Ohio, $518,000. Luke Air Force Base, Phoenix, Arizona, $11,719,000. MacDill Air Force Base, Tampa, Florida, $240,000. McConnell Air Force Base, Wichita, Kansas, $148,000. Mountain Home Air Force Base, Mountain Home, Idaho, $71,000. Myrtle Beach Air Force Base, Myrtle Beach, Souih Carolina, $813,000. Nellis Air Force Base, Las Vegas, Nevada, $2,732,000. Seymour-Johnson Air Force Base, Goldsboro, Norih Carolina. $1,428,000. Shaw Air Force Base, Sumter, Souih Carolina, $2,548,000.

1215

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PUBLIC LAW 91-511-OCT. 26, 1970

[84 STAT.

UNITED STATES AIR FORCE ACADEMT

United States Air Force Academy, Colorado Springs, Colorado, $700,000. AIRCRAFT CONTROL AND WARNING SYSTEM

Various locations, $613,000. UNITED STATES AIR FORCE SECURITY SERVICE

Goodfellow Air Force Base, San Angelo, Texas, $1,216,000. OUTSIDE THE UNITED STATES AIR FORCE S Y S T E M S COMMAND

Eastern Test Range, $243,000. Satellite Tracking Facilities, $1,455,000. M I L I T A R Y A I R L I F T COMMAND

Wake Island Air Force Station, Wake Island, $80,000. PACIFIC AIR FORCES

Various locations, $6,607,000. STRATEGIC AIR COMMAND

Anderson Air Force Base, Guam, $2,273,000. Goose Air Base, Canada, $862,000. Ramey Air Force Base, Puerto Rico, $406,000. UNITED STATES AIR FORCES I N EUROPE

Germany, $5,273,000. United Kingdom, $11,568,000. Various Locations, $1,049,000. UNITED STATES AIR FORCE SECURITY SERVICE Classified installations, establishment.

Unforeseen conditions, construction authorization.

Various Locations, $644,000. SEC. 302. The Secretary of the Air Force may establish or develop classified military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of $33,792,000. SEC. 303. The Secretary of the Air Force may establish or develop Air Force installations and facilities by proceeding with construction made necessary by changes in Air Force missions and responsibilities which have been occasioned by: (a) unforeseen security considerations, (b) new weapons developments, (c) need and unforeseen research and development requirements, or (d) improved production schedules, if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be inconsistent with interests of national security, and in connection therewith to acquire, construct, revert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the

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1217

total amount of $10,000,000: Provided, That the Secretary of the Air ^„^°^ft'"3^3.\. Force, or his designee, shall notify the Committees on Armed Services f "J^tion. *' "° of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any piK)lic work undertaken under this section, including those real estate actions pertaining thereto. This authorization will expire as of Septem- e xAuthorization piration. ber 30, 1971, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to that date. SEC. 304. (a) Public Law 89-188, as amended, is amended under the 79 Stat. 8 0 6. heading "iNsroE THE UNITED STATES", in section 301 as follows: (1) With respect to Andrews Air Force Base, Camp Springs, Maryland, strike out "$2,923,000" and insert in place thereof "$3,081,000." (b) Public Law 89-188, as amended, is amended by striking out in clause (3) of section 602 "$216,360,000" and "$340,106,000" and insert- 82 Stat. 3 8 5. ing in place thereof "$216,518,000" and "$340,264,000", respectively. SEC. 305. (a) Public Law 90-408, as amended, is amended under the 82 Stat. 3 8 1. heading " I N S I D E THE UNITED STATES", in section 301 as follows: (1) With respect to Vance Air Force Base, Enid, Oklahoma, strike out "$165,000" and insert in place thereof "$280,000." (2) With respect to Westover A i r Force Base, Chicopee Falls, 82 Stat. 3 8 3. Massachusetts, strike out "$150,000" and insert in place thereof "$220,000." (3) With respect to Langley Air Force Base, Hampton, Virginia, strike out "$537,000" and insert in place thereof "$631,000." (4) With respect to Seymour-Johnson Air Force Base, Gold^boro, North Carolina, strike out "$99,000" and insert in place thereof "$173,000." (5) With respect to Shaw Air Force Base, Sumter, South Carolina, strike out "$614,000" and insert in place thereof "$707,000." (b) Public Law 90-408, as amended, is amended by striking out in clause (3) of section 802 "$121,917,000" and "$193,572,000" and insert- 82 Stat. 3 9 0. ing in place thereof "$122,363,000" and "$194,018,000", respectively. TITLE IV SEC. 401. The Secretary of Defense may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities and equipment, for defense agencies for the following acquisition and construction: INSIDE THE UNITED STATES D E F E N S E A TO M I C SUPPORT AGENCY

Bossier Base, Louisiana, $170,000. Sandia Base, New Mexico, $1,090,000. DEFENSE

SUPPLY

AGENCY

Defense Construction Supply Center, Columbus, Ohio, $942,000. Defense I>epot, Odgen, Utah, $98,000. Defense Personnel Support Center, Philadelphia, Pennsylvania, $3,570,000. Defense Depot, Tracy, California, $1,813,000.

Defense a g e n -

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PUBLIC LAW 91-511-OCT. 26, 1970

[84 STAT.

NATIONAL SECURITY AGENCY

Congre ssional committe es, noti" fie at ion

Fort Meade, Maryland, $1,617,000. SEC. 402. The Secretary of Defense may establish or develop installations and facilities which he determines to be vital to the security of the United States, and in connection therewith to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities and equipment in the total amount of $35,000,000: Provided, That the Secretary of Defense, or his designee, shall notify the Committees on Armed Services of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public works undertaken under this section, including real estate actions pertaining thereto. TITLE V—MILITARY FAMILY HOUSING

Construction authorization.

Congressional committees, notification.

Army,

Navy.

SEC. 501. The Secretary of Defense, or his designee, is authorized to construct, at the locations hereinafter named, family housing units and trailer court facilities in the numbers hereinafter listed, but no family housing construction shall be commenced at any such locations in the United States, until the Secretary shall have consulted with the Secretary of the Department of Housing and Urban Development, as to the availability of adequate private housing at such locations. If agreement cannot be reached with respect to the availability of adequate private housing at any location, the Secretary of Defense shall immediately notify the Committees on Armed Services of the House of Representatives and the Senate, in writing, of such difference of opinion, and no contract for construction at such location shall be entered into for a period of thirty days after such notification has been given. This authority shall include the authority to acquire land, and interests in land, by gift, purchase, exchange of Government-owned land, or otherwise. (a) Family housing units— (1) The Department of the Army, one thousand three hundred units, $31,832,000: Redstone Arsenal, Alabama, two hundred units. Fort Huachuca, Arizona, one hundred units. Sacramento Army Depot, California, one unit. Sharpe Army Depot, California, one unit. Fort Carson, Colorado, two hundred forty units. U.S. Army Installations, Oahu, Hawaii, three hundred units. Rock Island Arsenal, Illinois, forty units. Fort Ijeavenworth, Kansas, one hundred fifty units. Natick Laboratories, Massachusetts, twenty-eight units. Fort Jackson, South Carolina, two hundred forty units. (2) The Department of the Navy, three thousand five hundred units, $85,001,000. Marine Corps Air Station, El Toro, California, three hundred units. Naval Air Station, Lemoore, California, two hundred fifty units. Naval Complex, San Diego, California, nine hundred units. Naval Submarine Base, New London, Connecticut, three hundred units. Naval Complex, Pensacola, Florida, two hundred units. U.S. Naval Installations, Oahu, Hawaii, three hundred units.

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PUBLIC LAW 91-511-OCT. 26, 1970

1219

Naval Training Center, Great Lakes, Illinois, one hundred fifty units. Naval Complex, Newport, Rhode Island, two hundred units. Naval Complex, Norfolk, Virginia, six hundred units. Naval Station, Guam, three hundred units. (3) The Department of the Air Force, two thousand eight hun- ^^^ ^°"'^* dred units, $66,401,000. Williams Air Force Base, Arizona, two hundred units. Castle Air Force Base, California, two hundred fifty units. Norton Air Force Base, California, two hundred fifty units. Homestead Air Force Base, Florida, two hundred units, and additional real estate. Moody Air Force Base, Georgia, two hundred units. Robins Air Force Base, Georgia, two hundred units. U.S. Air Force Installations, Oahu, Hawaii, two hundred units. Scott Air Force Base, Illinois, four hundred units. Keesler Air Force Base, Mississippi, four hundred units. Seymour-Johnson Air Force Base, North Carolina, two hundred units. Wright-Patterson Air Force Base, Ohio, three hundred units. (b) Trailer court facilities— (1) The Department of the Navy, fifty spaces, $150,000. (2) The Department of the Air Force, three hundred eightynine spaces, $1,050,000. SEC. 502. Authorization for the construction of family housing pro- "j""^''"^^ "'"^" vided in this Act shall be subject, under such regulations as the Secretary of Defense may prescribe, to the following limitations on cost, which shall include shades, screens, ranges, refrigerators, and all other installed equipment and fixtures: (a) The average unit cost for each military department for all units of family housing constructed in the United States (other than Hawaii and Alaska) and Puerto Rico shall not exceed $23,000 including the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities. (b) No family housing unit in the areas listed in subsection (a) shall be constructed at a total cost exceeding $40,000 including the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities. (c) When family housing units are constructed in areas other than those listed in subsection (a) the average cost of all such units shall not exceed $32,000 and in no event shall the cost of any unit exceed $40,000. The cost limitations of this subsection shall include the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities. Fort Leaven(d) Construction at Fort Leavenworth, Kansas, of units which were worth, Kans> authorized by Public Law 89-188 (79 Stat. 793) or 90-110 (81 Stat. 279), shall not be. subject to the cost limitations of subsection (a) of this section or to the cost limitations contained in prior Military Construction Authorization Acts, but the average cost of such units shall not exceed $26,000 including the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities. SEC. 503. Notwithstanding the limitations contained in prior Mill- rovisToni!"^ tary Construction Authorization Acts on cost of construction of family housing, the limitations contained in section 502 of this Act shall apply

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 1220

Alterations, etc. cost limitation.

Housing in foreign countries.

Leasing facili* ties. 83 Stat. 312. 10 USC 2674 note.

83 Stat. 312. 42 USC 1594k. Units, relocation. Congressional committees, notification. Appropriation.

PUBLIC LAW 91-511-OCT. 26, 1970

[84 STAT.

to all prior authorizations for construction of family housing- not heretofore repealed and for which construction contracts have not been executed by date of enactment of this Act. SEC. 504. The Secretary of Defense, or his designee, is authorized to accomplish alterations, additionSj expansions or extensions not otherwise authorized by law, to existing public quarters at a cost not to exceed— (a) for the Department of the Army, $5,170,000. (b) for the Department of the Navy, $6,300,000. (c) for the Department of the Air Force, $7,400,000. (d) for the Defense Agencies, $326,000. SEC. 505. The Secretary of Defense, or his designee, is authorized to construct, or otherwise acquire, two hundred family housing units in foreign countries at a total cost not to exceed $5,523,000. This authority shall be funded by the use of excess foreign currencies, when so provided in Department of Defense Appropriation Acts, except that appropriation of $488,000 is authori^zed for purchase of United States manufactured equipment in support of the housing. SEC. 506. Section 515 of Public Law 84-161 (69 Stat. 324, 352), as amended, is amended to read as follows: "SEC. 515. During fiscal years 1971 and 1972, the Secretaries of the Army, Navy, and Air Force, respectively, are authorized to lease housing facilities for assignment as public quarters to military personnel and their dependents, if any, without rental charge, at or near any military installation in the United States, Puerto Eico or Guam if the Secretary of Defense, or his designee, finds that there is a lack of adequate housing at or near such military installation and that (1) there has been a recent substantial increase in military strength and such increase is temporary, or (2) the permanent military strength is to be substantially reduced in the near future, or (3) the number of military personnel assigned is so small as to make the construction of family housing uneconomical, or (4) family housing is required for personnel attending service school academic courses on permanent change of station orders, or (5) family housing has been authorized but is not ^et completed or a family housing authorization request is in a pending military construction authorization bill. Such housing facilities may be leased on an individual unit basis and not more than seven thousand five hundred such units may be so leased at any one time. Expenditures for the rental of such housing facilities may not exceed an average of $190 per month for each military department, nor the amount of $250 per month for any one unit, including the cost of utilities and maintenance and operation." SEC. 507. Section 507 of Public Law 88-174 (77 Stat. 307, 326), as amended, is amended by striking out "1970 and 1971" and inserting in lieu thereof "1971 and 1972." SEC. 508. The Secretary of Defense, or his designee, is authorized to relocate family housing units from locations where they exceed requirements to military installations where there are housing shortages: Provided, That the Secretary of Defense shall notify the Committees on Armed Services of the House of Representatives and the Senate of the proposed new locations and estimated costs, and no contract shall be awarded within sixty days of such notification. SEC. 509. There is authorized to be appropriated for use by the Secretary of Defense, or his designee, for military family housing as authorized by law for the following purposes: (a) for construction and acquisition of family housing, including improvements to adequate quarters, improvements to inadequate quarters, minor construction, relocation of f arnily housing, rental guarantee payments, construction and acquisition of trailer

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PUBLIC LAW 91-511-OCT. 26, 1970

court facilities, and planning, an amount not to exceed $206,rir,000, and (b) for support of military family housing, including operating expenses, leasing, maintenance of real property, payments of principal and interest on mortgage debts incurred, payment to the Commodity Credit Corporation, and mortgage insurance premiums authorized under section 222 of the National Housing Act, as amended (12 U.S.C. 1715m), an amount not to exceed $588,636,000. TITLE VI GENERAL

1221

Post,

p. 1865.

PROVISIONS

SEC. 601. The Secretary of each military department may proceed to establish or develop installations and facilities under this Act without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529) and sections 4774(d) and 9774(d) of title 10, United States Code. The authority to place permanent or temporary improvements on land includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. SEC. 602. There are authorized to be appropriated such sums as may be necessary for the purposes of this Act, but appropriations for public works projects authorized by titles I, II, III, IV, and V, shall not oxccCfi (1) for title I: Inside the United States $179,717,000; outside the United States, $83,197,000; section 102, $2,000,000; or a total of $264,914,000. (2) for title II: Inside the United States, $245,930,000; outside the United States, $21,994,000; section 202, $974,000; or a total of $268,898,000. (3) for title III: Inside the United States, $191,937,000; outside the United States, $30,460,000; section 302, $33,792,000; or a total of $256,189,000. (4) for title IV: A total of $44,300,000. (5) for title V: Military family housing, $795,353,000. SEC. 603. (a) Except as provided in subsection (b), any of the amounts specified in titles I, II, III, and IV of this Act, may, in the discretion of the Secretary concerned, be increased by 5 per centum when inside the United States (other than Hawaii and Alaska), and by 10 per centum when outside the United States or in Hawaii and Alaska, if he determines that such increase (1) is required for the sole purpose of meeting unusual variations in cost, and (2) could not have been reasonably anticipated at the time such estimate was submitted to the Congress. However, the total cost of all construction and acquisition in each such title may not exceed the total amount authorized to be appropriated in that title. (b) When the amount named for any construction or acquisition in title I, II, III, or IV of this Act involves only one project at any military installation and the Secretary of Defense, or his designee, determines that the amount authorized must be increased by more than the applicable percentage prescribed in subsection (a), the Secre-

Construction authority; restrictions, waiver.

70A Stat. 269, 590.

Ante, p. 8 3 5.

Appropriation.

Cost v a r i a t i o n s.

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 1222

Conditions.

Report to congressional committees.

Annual report to Congress.

Contract supervision.

Reports to Congress.

70A Stat. 127. 10 USC 2 3 0 1. Reports to Congress.

Public works authorizations; repeals.

PUBLIC LAW 91-511-OCT. 26, 1970

[84 STAT.

tary concerned may proceed with such construction or acquisition if the amount of the increase does not exceed by more than 25 per centum the amount named for such project by the Congress. (c) Subject to the limitations contained in subsection (a), no individual project authorized under title I, II, III, or IV of this Act for any specifically listed military installation may be placed under contract if— (1) the estimated cost of such project is $250,000 or more, and (2) the current working estimate of the Department of Defense, based on bids received, for the construction of such project exceeds by more than 25 per centum the amount authorized for such project by the Congress, until after the expiration of thirty days from the date on which a written report of the facts relating to the increased cost of such project, including a statement of the reasons for such increase has been submitted to the Committees on Armed Services of the House of Representatives and the Senate. (d) The Secretary of Defense shall submit an annual report to the Congress identifying each individual project which has been placed under contract in the preceding twelve-month period and with respect to which the then current working estimate of the Department of Defense based upon bids received for such project exceeded the amount authorized by the Congress for that project by more than 25 per centum. The Secretary shall also include in such report each individual project with respect to which the scope was reduced in order to permit contract award within the available authorization for such project. Such report shall include all pertinent cost information for each individual project, including the amount in dollars and percentage by which the current working estimate based on the contract price for the project exceeded the amount authorized for such project by the Congress. SEC. 604. Contracts for construction made by the United States for performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, or the Naval Facilities Engineering Command, Department of the Navy, or such other department or Government agency as the Secretaries of the military departments recommend and the Secretary of Defense approves to assure the most efficient, expeditious and cost-effective accomplishment of the construction herein authorized. The Secretaries of the military departments shall report annually to the President of the Senate and the Speaker of the House of Representatives a breakdown of the dollar value of construction contracts completed by each of the several construction agencies selected, together with the design, construction, supervision, and overhead fees charged by each of the several agents in the execution of the assigned construction. Further, such contracts (except architect and engineering contracts which, unless specifically authorized by the Congress, shall continue to be awarded in accordance with presently established procedures, customs, and practice) shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with chapter 137 of title 10, United States Code. The Secretaries of the military departments shall report semiannually to the President of the Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder. SEC. 605. (a) As of October 1, 1971, all authorizations for military public works (other than family housing) to be accomplished by the

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PUBLIC LAW 91-511-OCT. 26, 1970

Secretary of a military department in connection with the establishment or development of military installations and facilities, and all authorizations for appropriations therefor, that are contained in titles I, II, III, and IV of the Act of December 5, 1969, Public Law 91-142 (83 Stat. 293), and all such authorizations contained in Acts approved before December 6, 1969, and not superseded or otherwise modified by a later authorization are repealed except— (1) authorizations for public works and for appropriations therefor that are set forth in those Acts in the titles that contain the general provisions; (2) authorizations for public works projects as to which appropriated funds have been obligated for construction contracts or land acquisitions in whole or in part before October 1, 1971, and authorizations for appropriations therefor; and (3) notwithstanding the repeal provisions of section 705(a) of the Act of December 5, 1969, Public Law 91-142 (83 Stat. 293, 315), all authorizations for military public works (other than family housing), contained in titles I, II, III, IV, and V of the Act of July 21, 1968, Public Law 9 0 ^ 0 8 (82 Stat. 367), and all authorizations for appropriations therefor, and not superseded or otherwise modified, are hereby continued and shall remain in full force and effect until October 1, 1971. (b) Effective fifteen months from the date of enactment of this Act, all authorizations for construction of family housing, including trailer court facilities, all authorizations to accomplish alterations, additions, expansions, or extensions to existing family housing, and all authorizations for related facilities projects, which are contained in this or any previous Act, are hereby repealed, except— (1) authorizations for family housing projects as to which appropriated funds have been obligated for construction contracts or land acquisitions or manufactured structural component contracts in whole or in part before such date; and (2) authorizations to accomplish alterations, additions, expansions, or extensions to existing family housing, and authorizations for related facilities projects, as to which appropriated funds have been obligated for construction contracts before such date; and (3) Notwithstanding the repeal provision of section 705(b) of the Act of December 5, 1969, Public Law 91-142 (83 Stat. 293,316) authorization for two hundred and sixty family housing units at Fort Polk, Louisiana. SEC. 606. None of the authority contained in titles I, II, III, and IV of this Act shall be deemed to authorize any building construction projects inside the United States in excess of a unit cost to be determined in proportion to the appropriate area construction cost index, based on the following unit cost limitations where the area construction cost index is 1.0: (1) $3,200 per man for permanent barracks; (2) $11,000 per man for bachelor officer quarters; unless the Secretary of Defense or his designee determines that because of special circumstances, application to such project of the limitations on unit costs contained in this section is impracticable: Provided, That notwithstanding the limitations contained in prior Military Construction Authorization Acts on unit costs, the limitations on such costs contained in this section shall apply to all prior authorizations for such construction not heretofore repealed and for which construction contracts have not been awarded by the date of enactment of this Act. SEC. 607. Chapter 159 of title 10,1'f^nited States Code, is amended: (1) By striking out the figure "$200,000" in the item relating to section 2674 in the analysis and inserting "$300,000" in place thereof.

47-348 O - 72 - 81 (Pt. 1)

1223

Exceptions.

Family housing construction authorizations; repeals; effective date. Exceptions.

Unit cost limitations.

Retroactive provision.

10 USC 2661, 72 Stat. 1461,

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 1224 72 Stat. 1459.

80 Stat. 756. L e a s e s, annual rental limitation, 72 Stat. 1460.

Report to congressional committees.

International Aeronautical Exposition.

Safeguard Antiballistic Missile System operation s i t e s, N. Dak. and Mont., local community aid.

Financial assistance, considerations •

Funds, availability.

PUBLIC LAW 91-511-OCT. 26, 1970

[84 STAT.

(2) By striking out the figure "$200,000" in the catchline of section 2674 and inserting "$300,000" in place thereof. (3) By striking out the figures "$200,000", "$50,000", and "$25,000" in section 2674(b) and inserting "$300,000", "$100,000", and "$50,000", respectively, in place thereof. (4) By striking out the figure "$25,000" in sections 2674(a) and (e) and inserting "$50,000" in place thereof. SEC. 608. Section 2675 of title 10, United States Code, is amended by (1) inserting " (a) " before "Notwithstanding", and by (2) adding the following new subsections: " (b) A lease may not be entered into under this section if the average estimated annual rental during the term of the lease is more than $250,000 until after the expiration of thirty days from the date upon which a report of the facts concerning the proposed lease is submitted to the Committees on Armed Services of the Senate and House of Representatives. "(c) A statement in a lease that the requirements of this section have been met, or that the lease is not subject to this section, is conclusive." SEC. 609. Section 709 of the Military Construction Authorization Act, 1970 (83 Stat. 317), is amended by (1) deleting from the first sentence thereof "1971" and inserting in its place "1972"; and (2) deleting from the last sentence thereof "$750,000" and inserting in its place "$3,000,000". SEC. 610. (a) The Secretary of Defense is authorized to assist communities located near Grand Forks Air Force Base, Grand Forks, North Dakota, and Malmstrom Air Force Base, Great Falls, Montana, in meeting the costs of providing increased municipal services and facilities to the residents of such communities, if the Secretary determines that there is an immediate and substantial increase in the need for such services and facilities in such communities as a direct result of work being carried out in connection with the construction, installation, testing, and operation of the Safeguard Anti-ballistic Missile System and that an unfair and excessive financial burden will be incurred by such communities as a result of the increased need for such services and facilities. (b) The Secretary of Defense shall carry out the provisions of this section through existing Federal programs. The Secretary is authorized to supplement funds made available under such Federal programs to the extent necessary to carry out the provisions of this section, and is authorized to provide financial assistance to communities described in subsection (a) of this section to help such communities pay their share of the costs under such programs. The heads of all departments and agencies concerned shall cooperate fully with the Secretary of Defense in carrying out the provisions of this section on a priority basis. (c) I n determining the amount of financial assistance to be made available under this section to any local community for any community service or facility, the Secretary of Defense shall consult with the head of the department or agency of the Federal Government concerned with the type of service or facility for which financial assistance is being made available and shall take into consideration (1) the time lag between the initial impact of increased population in any such community and any increase in the local tax base which will result from such increased population, (2) the possible temporary nature of the increased population and the long-range cost impact on the permanent residence of any such community and (3) such other pertinent factors as the Secretary of Defense deems appropriate. (d) Any funds appropriated to the Department of Defense for the

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1225

fiscal year beginning July 1, 1970, for carrying out the Safeguard Anti-ballistic Missile System shall be utilized by the Secretary of Defense in carrying out the provisions of this section to the extent that funds are unavailable under other Federal programs. Funds appropriated to the Department of Defense for any fiscal year beginning after June 30, 1971, for carrying out the Safeguard Anti-ballistic Missile System may, to the extent specifically authorized in an annual military construction authorization Act, be utilized by the Secretary of Defense in carrying out the provisions of this section to the extent that funds are unavailable under other Federal programs. (e) The Secretary shall transmit to the Committees on Armed res^°'^i'° T" Services of the Senate and the House of Representatives semiannual mittees?^ reports indicating the total amount expended in the case of each local community which was provided assistance under authority of this section during the preceding six-month period, the specific projects for which assistance was provided during such period, and the total amount provided for each such project during such period. SEC. 611. (a) The Secretary of Defense is directed to undertake a W^^I^^^I'R'^'^^^^ ,

-

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,

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Weapons Kange,,

study and to prepare a report on the weapons trammg now being con- cuiebra, p. R., ducted in the Cuiebra complex of the Atlantic Fleet Weapons Range, ^^^^y- report. This study shall consider all possible alternatives, geographical and technological, to the training now taking place in the Cuiebra complex, and shall contain specific recommendations for, together with the estimated costs of, moving all or a part of such activities to a new site or sites, and appropriated modifying such activities to minimize danger to human health and. safety. I n addition, such study shall consider the feasibility of resettling the people of Cuiebra to another location in the Commonwealth of Puerto Rico, the cost of such a move, and the attitude of the people of Cuiebra to a generous resettlement plan that would have to be approved by a majority of the qualified electors of Cuiebra in a plebiscite. I n preparing such study, the Secretary is directed to consider the impact of each of the alternatives on: (1) the safety and well-being of the people who live on Cuiebra; (2) the natural and physical environment of Cuiebra and adjoining cays and their recreational value; (3^ the development of a sound, stable economy in Cuiebra; (4) the unique political relationship of Cuiebra and Puerto Rico to the United States; (5) the operational readiness and proficiency of the Atlantic Fleet; and (6) national security. (b) I n preparing the report required by this section, the Secretary shall consult with the people of Cuiebra, the Government of Puerto Rico, and all appropriate Federal agencies having jurisdiction or special expertise on the subject matter involved. The report required. Report *° pr-si^

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by this subsection shall be transmitted to the President oi the United States and to the chairmen of the Committees on Armed Services of the Senate and the House of Representatives no later than April 1, 1971. (c) Pending the completion of the report required by this section and its review by the President of the United States, the appropriate committee and the Congress, the Department of Navy is directed to avoid any increase or expansion of the present weapons range activities in the Cuiebra complex and, wherever possible, without degrading the activities, to institute procedures which will minimize interference with the normal activities and the solitude of the people of Cuiebra. SEC. 612. Effective October 28, 1969, section 1013 of Public Law 89-754 (80 Stat. 1255, 1290) as amended, is amended by (1) inserting

dent and c o n g r e s -

sionai committee chairmen. acuvu^es^ rertrLtion.

^ifi'°rb%Tiense secretary. 42 USC 3374.

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Authority applicable to reduction in operations.

70A Stat. 147; 77 Stat. 3 2 9. 10 USC 2 6 6 1 2682.

PUBLIC LAW 91-511-OCT. 26, 1970

[84

STAT.

"or if as the result of such action and other similar action in the same area," after the word "part," in subsection (a)(3), and by (2) adding the following new subsection: " (k) The authority provided by this section to the Secretary of Defense shall also be available when the Department of Defense has ordered a reduction in the scope of operations at a military base or installation. All references in subsections (a), (b), and (c) of this section to 'closures' or 'closings' or words of similar effect shall be deemed to include the reduction in scope of operations at a base or installation." SEC. 613. Chapter 159 of title 10, United States Code, is amended as follows: (1) by adding the following new section at the end thereof: "§ 2683. Relinquishment of legislative jurisdiction " (a) Notwithstanding any other provision of law, the Secretary of a military department may, whenever he considers it desirable, relinquish to a State all or part of the legislative jurisdiction of the United States over lands or interests under his control in that State. Relinquishment of legislative jurisdiction under this section may be accomplished (1) by filing with the Governor of the State concerned a notice of relinquishment to take effect upon acceptance thereof, or (2) as the laws of the State may otherwise provide. " (b) The authority granted by this section is in addition to and not instead of that granted by any other provision of law."; and (2) by adding the following new item at the end of the analysis: "2683. Relinquishment of legislative jurisdiction."

Army Secretary, land e x c h a n g e, Va.

Citation of titles.

SEC. 614. Notwithstanding any other provisions of law, the Secretary of the Army, or his designee, is authorized to convey to the Anheuser-Busch Company, subject to such terms and conditions as the Secretary of the Army shall deem to be in the public interest, all right, title and interest of the United States in and to the land generally identified as Camp Wallace located in York County, Virginia, and James City County, Virginia, comprising approximately one hundred and ninety-one acres. In consideration of such conveyance by the Secretary of the Army, the Anheuser-Busch Company shall convey to the United States unencumbered fee title to certain lands generally identified as being a portion of the Oakland F a r m in Newport News, Virginia, comprising approximately one hundred and ninety-one acres, together with such buildings and improvements thereon, or to be constructed thereon without cost to the United States, as are acceptable to the Secretary of the Army and subject to such other conditions as are acceptable to the Secretary of the Army. The exact acreages and legal descriptions of both properties are to be determined by accurate surveys as mutually agreed upon by the Secretary of the Army and the Anheuser-Busch Company: Provided, That the Secretary of the Army is authorized to accept the lands so conveyed to the United States which lands shall become a part of the Fort Eustis Military Reservation and be administered by the Department of the Army. SEC. 615. Titles I, II, III, IV, V, and VI of this Act may be cited as the "Military Construction Authorization Act, 1971".

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1227

TITLE VII RESERVE FORCES FACILITIES

SEC. 701. Subject to chapter 133 of title 10, United States Code, the Reserve Forces Facilities AuthorSecretary of Defense may establish or develop additional facilities for ization Act, 1971. the Reserve Forces^ including the acquisition of land therefor, but the 70A Stat. 120. 10 USC 2231. cost of such facilities shall not exceed— (1) For the Department of the Army: (a) Army National Guard of the United States, $13,700,000. (b) Army Reserve, $9,300,000. ^ (2) For the Department of the Navy: Naval and Marine Corps! Reserves, $4,500,000. (3) For the Department of the Air Force: (a) Air National Guard of the United States, $6,50' (b) Air Force Reserve, $3,500,000. SEC. 702. The Secretary of Defense may establish or develop installations and facilities under this title without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774(d) and 9774(d) of title 10, United States Code. The authority to place permanent or temporary improvements on lands includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The Ante, p. 835. authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. SEC. 703. This title may be cited as the "Reserve Forces Facilities Citation of title. Authorization Act, 1971". Approved October 26, 1970.

Public Law 91-512 AN ACT To amend the Solid Waste Disposal Act in order to provide financial assistance for the construction of solid waste disposal facilities, to improve research programs pursuant to such Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congres's assembled, That this Act may be cited as the "Resource Recovery Act of 1970".

October 26, 1970 [H. R. 11833:

Resource Recov-

ery Act of 1970.

TITLE I—RESOURCE RECOVERY SEC. 101. Section 202(b) of the Solid Waste Disposjil Act is amended to read as follows: " (b) The purposes of this Act therefore are— "(1) to promote the demonstration, construction, and application of solid waste management and resource recovery systems which preserve and enhance the quality of air, water, and land resources; "(2) to provide technical and financial assistance to States and local governments and interstate agencies in the planning and development of resource recovery and solid waste disposal programs;

79 Stat. 997. 42 USC 3251..

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Definitions. 79 Stat. 998. 42 USC 3252.

Research, authority of Secretary. 42 USC 3253.

Repeal. 42 USC 3253. 42 USC 3255, 3254.

PUBLIC LAW 91-512-OCT. 26, 1970

[84 STAT.

"(3) to promote a national research and development program for improved management techniques, more effective organizational arrangements, and new and improved methods of collection, separation, recovery, and recycling of solid wastes, and the environmentally safe disposal of nonrecoverable residues; "(4) to provide for the promulgation of guidelines for solid waste collection, transport, separation, recovery, and disposal systems; and "(5) to provide for training grants in occupations involving the design, operation, and maintenance of solid waste disposal systems." SEC. 102. Section 203 of the Solid Waste Disposal Act is amended by inserting at the end thereof the following: "(7) The term 'municipality' means a city, town, borough, county, parishj district, or other public body created by or pursuant to State law with responsibility for the planning or administration of solid Avaste disposal, or an Indian tribe. "(8) The term 'intermunicipal agency' means an agency established by two or more municipalities with responsibility for planning or administration of solid waste disposal. "(9) The term 'recovered resources' means materials or energy recovered from solid wastes. " (10) The term 'resource recovery system" means a solid waste management system which provides for collection, separation, recycling, and recovery of solid wastes, including disposal of nonrecoverable waste residues." SEC. 103. (a) Section 204(a) of the Solid Waste Disposal Act is amended to read as follows: "SEC. 204. (a) The Secretary shall conduct, and encourage, cooperate with, and render financial and other assistance to appropriate public (whether Federal, State, interstate^ or local) authorities, agencies, and institutions, private agencies and institutions, and individuals in the conduct of, and promote the coordination of, research, investigations, experiments, training, demonstrations, surveys, and studies relating to— "(1) any adverse health and welfare effects of the release into the environment of material present in solid waste, and methods to eliminate such effects; "(2) the operation and financing of solid waste disposal programs; "(3) the reduction of the amount of such waste and unsalvageable waste materials; "(4) the development and application of new and improved methods of collecting and disposing of solid waste and processing and recovering materials and energy from solid wastes; and " (5) the identification of solid waste components and potential materials and energy recoverable from such waste components." (b) Section 204(d) of the Solid Waste Disposal Act is repealed. SEC. 104. (a) The Solid Waste Disposal Act is amended by striking out section 206, by redesignating section 205 as 206, and by inserting after section 204 the following new section: " S P E C I A L 8T1.TDY AND DEMONSTRATION PROJECTS ON RECOVERY OF USEFUL ENERGY AND MATERIALS

"SEC. 205. (a) The Secretary shall carry out an investigation and study to determine— "(1) means of recovering materials and energy from solid waste, recommended uses of such materials and energy for

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PUBLIC LAW 91-512~OCT. 26, 1970

national or international welfare, including identification of potential markets for such recovered resources, and the impact of distribution of such resources on existing markets; " (2) changes in current product characteristics and production and packaging practices which w ould reduce the amount of solid waste; "(3) methods of collection, separation, and containerization which will encourage efficient utilization of facilities and contribute to more effective programs of reduction, reuse, or disposal of wastes; " (4) the use of Federal procurement to develop market demand for recovered resources; " (5) recommended incentives (including Federal grants, loans, and other assistance) and disincentives to accelerate the reclamation or recycling of materials from solid wastes, with special emphasis on motor vehicle hulks; "(6) the effect of existing public policies, including subsidies and economic incentives and disincentives, percentage depletion allowances, capital gains treatment and other tax incentives and disincentives, upon the recycling and reuse of materials, and the likely effect of the modification or elimination of such incentives and disincentives upon the reuse, recycling, and conservation of such materials; and "(7) the necessity and method of imposing disposal or other charges on packaging, containers, vehicles, and other manufactured goods, which charges would reflect the cost of final disposal, the value of recoverable components of the item, and any social costs associated with nonrecycling or uncontrolled disposal of such items. The Secretary shall from time to time, but not less frequently than annually, report the results of such investigation and study to the President and the Congress. " (b) The Secretary is also authorized to carry out demonstration projects to test and demonstrate methods and techniques developed pursuant to subsection (a). "(c) Section 204(b) and (c) shall be applicable to investigations, studies, and projects carried out under this section." (b) The Solid Waste Disposal Act is amended by redesignating sections 207 through 210 as sections 213 through 216, respectively, and by inserting after section 206 (as so redesignated by subsection (a) of this section) the following new sections:

1229

Report to President and Congress Demonstration projects. 79 Stat. 998. 42 USC 3253. 82 Stat. 1013. 42 USC 3256" 3259.

"GRANTS FOR STATE, INTERSTATE, AND LOCAL PLANNING

"SEC. 207. (a) The Secretary may from time to time, upon such terms and conditions consistent with this section as he finds appropriate to carry out the purposes of this Act, make grants to State, interstate, municipal, and intermunicipal agencies, and organizations composed of public officials which are eligible for assistance under section 701(g) of the Housing Act of 1954, of not to exceed 66% per centum of the cost in the case of an application with respect to an area including only one municipality, and not to exceed 75 per centum of the cost in any other case, of— " (1) making surveys of solid waste disposal practices and problems within the jurisdictional areas of such agencies and "(2) developing and revising solid waste disposal plans as part of regional environmental protection systems for such areas, providing for recycling or recovery of materials from wastes whenever possible and including planning for the reuse of solid waste

82 Stat. 530. 40 USC 461. eost limitation.

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post. p. 1780, 1804.

PUBLIC LAW 91-512-OCT. 26, 1970

[84 STAT.

disposal areas and studies of the effect and relationship of solid waste disposal jjractices on areas adjacent to waste disposal sites, "(3) developing proposals for projects to be carried out pursuant to section 208 of this Act, or "(4) planning programs for the removal and processing of abandoned motor vehicle hulks. " (b) Grants pursuant to this section may be made upon application therefor which— " (1) designates or establishes a single agency (which may be an. interdepartmental agency) as the sole agency for carrying out the purposes of this section for the area involved; "(2) indicates the manner in which provision will be made to assure full consideration of all aspects of planning essential to areawide planning for proper and effective solid wast« disposal consistent with the protection of the public health and welfare, including such factors as population growth, urban and metropolitan development, land use planning, water pollution control, air pollution control, and the feasibility of regional disposal and resource recovery programs; " (3) sets forth plans for expenditure of such grant, which plans provide reasonable assurance of carrying out the purposes of this section; " (4) provides for submission of such reports of the activities of the agency in carrying out the purposes of this section, in such form and containing such information, as the Secretary may from time to time find necessary for carrying out the purposes of this section and for keeping such records and affording such access thereto as he may find necessary; and "(5) provides for such fiscal-control and fund-accounting procedures as may be necessary to assure proper disbursement of and accounting for funds paid to the agency under this section. " (c) The Secretary shall make a grant under this section only if he finds that there is satisfactory assurance that the planning of solid waste disposal will be coordinated, so far as practicable, with and not duplicate other related State, interstate, regional, and local planning activities, including those financed in part with funds pursuant to section 701 of the Housing Act of 1954. ° "GRANTS FOR RESOURCE RECOVERY SYSTEMS AND IMPROVED SOLID W^ASTE

DISPOSAL FACILITIES

Federal share,

"SEC. 208. (a) The Secretary is authorized to make grants pursuant to this section to any State, municipal, or interstate or intermunicipal agency for the demonstration of resource recovery systems or for the construction of new or improved solid waste disposal facilities. " (b)(1) Any grant under this section for the demonstration of a resource recovery system may be made only if it (A) is consistent with any plans which meet the requirements of section 207(b)(2) of this Act; (B) is consistent with the guidelines recommended pursuant to section 209 of this Act; (C) is designed to provide areawide resource recovery systems consistent with the purposes of this Act, as determined by the Secretary, pursuant to regulations promulgated under subsection (d) of this section; and (D) provides an equitable system for distributing the costs associated with construction, operation, and maintenance of any resource recovery system among the users of such system. "(£) The Federal share for any project to which paragraph (1) applies shall not be more than 75 percent. "(c)(1) A grant under this section for the construction of a new or improved solid waste disposal facility may be made only if—

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PUBLIC LAW 91-512-OCT. 26, 1970

" (A) a State or interstate plan for solid waste disposal lias been adopted which applies to the area involved, and the facility to be constructed (i) is consistent with such plan, (ii) is included in a comprehensive plan for the area involved which is satisfactory to the Secretary for the purposes of this Act, and (iii) is consistent with the guidelines recommended under section 209, and " (B) the project advances the state of the art by applying new and improved techniques in reducing the environmental impact of solid waste disposal, in achieving recovery of energy or resources, or in recycling useful materials. "(2) The Federal share for any project to which paragraph (1) applies shall be not more than 50 percent in the case of a project serving an area which includes only one municipality, and not more than 75 percent in any other case. " (d)(1) The Secretary, within ninety days after the date of enactment of the Resource Recovery Act of 1970, shall promulgate regulations establishing a procedure for awarding grants under this section which— " (A) provides that projects will be carried out in communities of varying sizes, under such conditions as will assist in solving the community waste problems of urban-industrial centers, metropolitan regions, and rural areas, under representative geographic and environmental conditions; and " (B) provides deadlines for submission of, and action on, grant requests. " (2) I n taking action on applications for grants under this section, consideration shall be given by the Secretary (A) to the public benefits to be derived by the construction and the propriety of Federal aid in making such grant; (B) to the extent applicable, to the economic and commercial viability of the project (including contractual arrangements with the private sector to market any resources recovered); (C) to the potential of such project for general application to community solid waste disposal problems; and (D) to the use by the applicant of comprehensive regional or metropolitan area planning. "(e) A grant under this section— "(1) may be made only in the amount of the Federal share of (A) the estimated total design and construction costs, plus (B) in the case of a grant to which subsection (b)(1) applies, the firstyear operation and maintenance costs; "(2) may not be provided for land acquisition or (except as otherwise provided in paragraph (1)(B) for operating or maintenance costs; "(3) may not be made until the applicant has made provision satisfactory to the Secretary for proper and efficient operation and maintenance of the project (subject to paragraph (1)(B)); and "(4) may be made subject to such conditions and requirements, in addition to those provided in this section, as the Secretary may require to properly carry out his functions pursuant to this Act. For purposes of paragraph (1), the non-Federal share may be in any form, including, but not limited to, lands or interests therein needed for the project or personal property or services, the value of which shall be determined by the Secretary. "(f)(1) Not more than 15 percent of the total of funds authorized to be appropriated under section 216(a)(3) for any fiscal year to carry out this section shall be granted under this section for projects in any one State. "(2) The Secretary shall prescribe by regulation the manner in which this subsection shall apply to a grant under this section for a project in an area which includes all or part of more than one State.

1231

Regulations.

Limitation. Post, p, 1234.

Regulation.

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PUBLIC LAW 91-512-OCT. 26, 1970

[84 STAT.

u RECOMMENDED GUIDELINES

Publication in Federal Register.

"SEC. 209. (a) The Secretary shall, in cooperation with appropriate State, Federal, interstate, regional, and local agencies, allowing for public comment by other interested parties, as soon as practicable after the enactment of the Resource Recovery Act of 1970, recommend to appropriate agencies and publish in the Federal Register guidelines for solid waste recovery, collection, separation, and disposal systems (including systems for private use), which shall be consistent with public health and welfare, and air and water quality standards and adaptable to appropriate land-use plans. Such guidelines shall apply to such systems whether on land or water and shall be revised from time to time. " (b)(1) The Secretary shall, as soon as practicable, recommend model codes, ordinances, and statutes which are designed to implement this section and the purposes of this Act. "(2) The Secretary shall issue to appropriate Federal, interstate, regional, and local agencies information on technically feasible solid waste collection, separation, disposal, recycling, and recovery methods, including data on the cost of construction, operation, and maintenance of such methods. uGRANTS OR CONTRACTS FOR TRAINING PROJECTS

"Eligible organization!

Ante, p. 1230. Study.

"SEC. 210. (a) The Secretary is authorized to make grants to, and contracts with, any eligible organization. For purposes of this section the term 'eligible organization' means a State or interstate agency, a municipality, educational institution, and any other organization which is capable of effectively carrying out a project which may be funded by grant under subsection (b) of this section. " (b)(1) Subject to the provisions of paragraph (2), grants or contracts may be made to pay all or a part of the costs, as may be determined by the Secretary, of any project operated or to be operated by an eligible organization, which is designed— " (A) to develop, expand, or carry out a program (which may combine training, education, and employment) for training persons for occupations involving the management, supervision, design, operation, or maintenance of solid waste disposal and resource recovery equipment and facilities; or " (B) to train instructors and supervisory personnel to train or supervise persons in occupations involving the design, operation, and maintenance of solid waste disposal and resource recovery equipment and facilities. "(2) A grant or contract authorized by paragraph (1) of this subsection may be made only upon application to the Secretary at such time or times and containing such information as he may prescribe, except that no such application shall be approved unless it provides for the same procedures and reports (and access to such reports and to other records) as is required by section 207(b)(4) and (5) with respect to applications made under such section. "(c) The Secretary shall make a complete investigation and study to determine— "(1) the need for additional trained State and local personnel to carry out plans assisted under this Act and other solid waste and resource recovery p r o - a m s; "(2) means of using existing training programs to train such personnel; and "(3) the extent and nature of obstacles to employment and occupational advancement in the solid waste disposal and resource recovery field which may limit either available manpower or the advancement of personnel in such field.

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1233

He shall report the results of such investigation and study, including his recommendations to the President and the Congress not later than one year after enactment of this Act. "APPLICABILrrY

OF SOLID

WASTE DISPOSAL AGENCIES

G I IDELINKS

Report to P r e s i dent and C o n g r e s s.

TO EXECUTIVE

211. (a)(1) If— " (A) an Executive agency (as defined in section 105 of title 5, United States Code) has jurisdiction over any real property or facility the operation or administration of which involves such agency in solid waste disposal activities, or " (B) such an agency enters into a contract with any person for the operation by such person of any Federal property or facility, and the performance of such contract involves such person in solid waste disposal activities, then such agency shall insure compliance with the guidelines recommended under section 209 and the purposes of this Act in the operation or administration of such property or facility, or the performance of such contract, as the case may be. "(2) Each Executive agency which conducts any activity— " (A) which generates solid waste, and " (B) which, if conducted by a person other than such agency, would require a permit or license from such agency in order to disix)se of such solid waste, shall insure compliance with such guidelines and the purposes of this Act in conducting such activity. " (3) Each Executive agency which permits the use of Federal property for purposes of disposal of solid waste shall insure compliance with such guidelines and the purposes of this Act in the disposal of such waste. "(4) The President shall prescribe regulations to carry out this "SEC.

subsection.

.

.

so Stat. 379.

compliance.

Presidential regulations.

" (b) Each Executive agency which issues any license or permit for disposal of solid waste shall, prior to the issuance of such license or permit, consult with the Secretary to insure compliance with guidelines recommended under section 209 and the purposes of this Act. a N A T I O N A L DISPOSAL SITES STUDY

"SEC. 212. The Secretary shall submit to the Congress no later than Report to contwo years after the date of enactment of the Resource Recovery Act of «'^^^^1970, a comprehensive report and plan for the creation of a system of national disposal sites for the storage and disposal of hazardous wastes, including radioactive, toxic chemical, biological, and other wastes which may endanger public health or welfare. Such report shall include: (1) a list of materials which should be subject to disposal in any such site; (2) current methods of disposal of such materials; (3) recommended methods of reduction, neutralization, recovery, or disposal of such materials; (4) an inventory of possible sites including existing land or water disposal sites operated or licensed by Federal agencies; (5) an estimate of the cost of developing and maintaining sites including consideration of means for distributing the short- and long-term costs of operating such sites among the users thereof; and (6) such other information as may be appropriate." (c) Section 215 of the Solid Waste Disposal Act (as so redesignated A n t e, p. 1229. by subsection (b) of this section) is amended by striking out the head-

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Grants, prohibition. Appropriation.

Ante, p. 1230.

Program evaluation.

Funds, availability.

PUBLIC LAW 91-512-OCT. 26, 1970

[84

STAT.

ing thereof and inserting in lieu thereof "GENERAL PROVISIONS"; by inserting " (a) " before "Payments"; and by adding at the end thereof the following: "(b) No grant may be made under this Act to any private profitmaking organization." SEC. 105. Section 216 of the Solid Waste Disposal Act (as so redesignated by section 104 of this Act) is amended to read as follows: "SEC. 216. (a)(1) There are authorized to be appropriated to the Secretary of Health, Education, and Welfare for carrying out the provisions of this Act (including, but not limited to, section 208), not to exceed $41,500,000 for the fiscal year ending June 30, 1971. "(2) There are authorized to be appropriated to the Secretary of Health, Education, and Welfare to carry out the provisions of this Act, other than section 208, not to exceed $72,000,000 for the fiscal year ending June 30, 1972, and not to exceed $76,000,000 for the fiscal year ending June 30, 1973. "(3) There are authorized to be appropriated to the Secretary of Health, Education, and Welfare to carry out section 208 of this Act not to exceed $80,000,000 for the fiscal year ending June 30, 1972, and not to exceed $140,000,000 for the fiscal year ending June 30, 1973. "(b) There are authorized to be appropriated to the Secretary of the Interior to carry out this Act not to exceed $8,750,000 for the fiscal year ending June 30, 1971, not to exceed $20,000,000 for the fiscal year ending June 30, 1972, and not to exceed $22,500,000 for the fiscal year ending June 30, 1973. Prior to expending any funds authorized to be appropriated by this subsection, the Secretary of the Interior shall consult with the Secretary of Health, Education, and Welfare to assure that the expenditure of such funds will be consistent with the purposes of this Act. "(c) Such portion as the Secretary may determine, but not more than 1 per centum, of any appropriation for grants, contracts, or other payments under any provision of this Act for any fiscal year beginning after June 30, 1970, shall be available for evaluation (directly, or by grants or contracts) of any program authorized by this Act. " (d) Sums appropriated under this section shall remain available until expended." TITLE II—NATIONAL MATERIALS POLICY

Citation of title.

National Commission on Materials Policy; establishment; membership.

Travel e x penses, etc.

SEC. 201. This title may be cited as the "National Materials Policy Act of 1970". SEC. 202. I t is the purpose of this title to enhance environmental quality and conserve materials by developing a national materials policy to utilize present resources and technology more efficiently, to anticipate the future materials requirements of the Nation and the world, and to make recommendations on the supply, use, recovery, and disposal of materials. SEC. 203. (a) There is hereby created the National Commission on Materials Policy (hereafter referred to as the "Commission") which shall be composed of seven members chosen from Government service and the private sector for their outstanding qualifications and demonstrated competence with regard to matters related to materials policy, to be appointed by the President with the advice and consent of the Senate, one of whom he shall designate as Chairman. (b) The members of the Commission shall serve without compensation, but shall be reimbursed for travel, subsistence, and other neces-

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