Public Law 91–170

That the following

Military Construction Appropriation Act, 1970.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1970, for military construction functions administered by the Department of Defense, and for other purposes, namely:

Military Construction, Army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, in section 204 of title II, Public Law 91–121, and in sections 2673 and 2675 of title 10, United States Code, $287,228,000, to remain available until expended.

Military Construction, Navy For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $300,028,000, to remain available until expended.

Military Construction, Air Force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $284,327,000, to remain available until expended.

Military Construction, Defense Agencies For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $33,915,000, to remain available until expended; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation “Research, development, test, and evaluation, Defense Agencies” as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate.

Military Construction, Army National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $15,000,000, to remain available until expended.

Military Construction, Air National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $13,200,000, to remain available until expended.

Military Construction, Army Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $10,000,000, to remain available until expended.

Military Construction, Naval Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $9,600,000, to remain available until expended.

Military Construction, Air Force Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $5,300,000, to remain available until expended.

Family Housing, Defense For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges and insurance premiums, as authorized by law, $688,476,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501(a) of Public Law 87–5541 in not to exceed the following amounts: For the Army: Construction, $30,461,000; Operation, maintenance, $141,440,000; Debt payment, $47,480,000. For the Navy and Marine Corps: Construction, $51,892,000; Operation, maintenance, $94,758,000; Debt payment, $31,648,000. For the Air Force: Construction, $41,989,000; Operation, maintenance, $155,345,000; Debt payment, $87,680,000. For Defense agencies: Construction, $449,000; Operation, maintenance, $5,334,000. Provided, That the amounts provided under this head for construction and for debt payment shall remain available until expended.

Sec. 101. general provisions

Funds appropriated to the Department of Defense for construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the first session of the Ninety-first Congress.

Sec. 102.

None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for works where cost estimates exceed $25000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor.

Sec. 103.

None of the funds appropriated in this Act shall be expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction, and the application of economical construction practices.

Sec. 104.

None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates.

Sec. 105.

Funds appropriated to the Department of Defense for construction are hereby made available for hire of passenger motor vehicles.

Sec. 106.

Funds appropriated to the Department of Defense for construction may be used for advances to the Bureau of Public Roads, Department of Transportation, for the construction of access roads

72 Stat. 908.

as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense.

Sec. 107.

None of the funds appropriated in this Act may be used to begin construction of new bases inside the Continental United States for which specific appropriations have not been made.

Sec. 108.

No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except: (a) where there is a determination of value by a Federal court, (b) purchases negotiated by the Attorney General or his designee, and (c) where the estimated value is less than $25,000.

Sec. 109.

None of the funds appropriated in this Act may be used to

Foreign projects.

make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor.

Sec. 110.

None of the funds appropriated in this Act shall be used

Family housing, limitation.

to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available m annual military construction appropriation Acts.

Sec. 111.

Funds received from the proceeds of handling excess

Excess family housing proceeds, disposition.

family housing remaining under the jurisdiction of the Department of Defense shall be deposited to the credit of “Family Housing, Defense” to be used for the purpose of reducing debt payments of the military departments.

This Act may be cited as the “Military Construction Appropriation

Short title.

Act, 1970”.