Page:United States Statutes at Large Volume 95.djvu/1408

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PUBLIC LAW 97-000—MMMM. DD, 1981

95 STAT. 1382

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

10 USC 140 note.

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

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

SEC 904. (a) Section 801 of the Military Construction Authorization Act, 1981 (94 Stat. 1775), ia amended by striking out During fiscal year 1981" and all that follows through the colon and inserting in lieu thereof the following: The Secretary of Defense may use funds appropriated for fiscal year 1981 for planning and design purposes to provide community planning assistance, by grant or otherwise, as follows:". 10 USC 139 note (b) Section 802 of such Act is amended to read as follows: " I M P ACT A S S I S T A N C E FOR AREAS AFFECTED BY THE EAST COAST TRIDENT PROGRAM

"SEC. 802. (a) The Secretary of Defense (hereinafter in this section referred to as the 'Secretary) may assist communities located near the East Coast Trident Base, and the States in which such communities are located, in meeting the costs of providing increased municipal services and facilities to the residents of such communities, if the Secretary determines that there is an immediate and substantial increase in the need for such services and facilities in such communities as a direct result of work being carried out in connection with the construction, installation, or operation of the East Coast Trident Base and that an unfair and excessive financial burden will be incurred by such communities, or the States in which such communities are located, as a result of such increased need for such services and facilities.