Page:United States Statutes at Large Volume 110 Part 1.djvu/615

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PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 591 (e) EXCLUSIVITY OF PROGRAM.—Nothing in this section may be construed to Hmit any other authority provided by law for any military construction project at a Department of Defense laboratory covered by the program. (f) DEFINITIONS. —In this section: (1) The term "laboratory" includes— (A) a research, engineering, and development center; (B) a test and evaluation activity owned, funded, and operated by the Federal Government through the Department of Defense; and (C) a supporting facility of a laboratory. (2) The term "supporting facility", with respect to a laboratory, means any building or structure that is used in support of research, development, test, and evaluation at the laboratory. (g) EXPIRATION OF AUTHORITY.—The Secretary may not commence a construction project under the program after September 30, 1998. SEC. 2893. AUTHORITY FOR PORT AUTHORITY OF STATE OF MIS- SISSIPPI TO USE NAVY PROPERTY AT NAVAL CONSTRUC- TION BATTALION CENTER, GULFPORT, MISSISSIPPI. (a) JOINT USE AGREEMENT AUTHORIZED. — The Secretary of the Navy may enter into an agreement with the Port Authority of the State of Mississippi (in this section referred to as the "Port Authority"), under which the Port Authority may use real property comprising up to 50 acres located at the Naval Construction Battalion Center, Gulfport, Mississippi (in this section referred to as the "Center"). (b) TERM OF AGREEMENT.— The agreement authorized under subsection (a) may be for an initial period of not more than 15 years. Under the agreement, the Secretary shall provide the Port Authority with an option to extend the agreement for at least three additional periods of five years each. (c) CONDITIONS ON USE. —The agreement authorized under subsection (a) shall require the Port Authority— (1) to suspend operations under the agreement in the event Navy contingency operations are conducted at the Center; and (2) to use the property covered by the agreement in a manner consistent with Navy operations conducted at the Center. (d) CONSIDERATION. — (1) As consideration for the use of the property covered by the agreement under subsection (a), the Port Authority shall pay to the Navy an amount equal to the fair market rental value of the property, as determined by the Secretary taking into consideration the Port Authority's use of the property. (2) The Secretary may include a provision in the agreement requiring the Port Authority— (A) to pay the Navy an amount (as determined by the Secretary) to cover the costs of replacing at the Center any facilities vacated by the Navy on account of the agreement or to construct suitable replacement facilities for the Navy; and (B) to pay the Navy an amount (as determined by the Secretary) for the costs of relocating Navy operations from the vacated facilities to the replacement facilities. (e) CONGRESSIONAL, NOTIFICATION. —The Secretary may not Reports, enter into the agreement authorized by subsection (a) until the