PUBLIC LAW 97-214—JULY 12, 1982
96 STAT. 171
"(b) Authority provided the Secretary of a military department by law to acquire an interest in real property (including a temporary interest) includes authority— "(1) to make surveys; and "(2) to acquire the interest in real property by gift, purchase, exchange of real property owned by the United States, or otherwise. "(c)(1) Except as provided in paragraph (2), the cost authorized for a land acquisition project may be increased by not more than 25 percent of the amount appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (A) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (B) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress. "(2) A land acquisition project may not be placed under contract if, based upon the agreed price for the land— "(A) the scope of the acquisition, as approved by Congress, is proposed to be reduced by more than 25 percent; or "(B) the agreed price for the land exceeds the amount appropriated for the project by more than (i) 25 percent, or (ii) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, until subsection (d) is complied with. "(d) The limitations on reduction in scope or increase in cost of a land acquisition in subsection (c) do not apply if the reduction in scope or the increase in cost, as the case may be, is approved by the Secretary concerned and a written notification of the facts relating to the proposed reduced scope or increased cost (including a statement of the reasons therefor) is submitted by the Secretary concerned to the appropriate committees of Congress. A contract for the acquisition may then be awarded only (1) after a period of 21 days elapses from the date the notification is received by the committees, or (2) upon the approval of those committees, if before the end of that period each such committee approves the proposed reduced scope or increased cost.".
Cost increase; limitation.
Notification of congressional committees.
CODIFICATION OF OTHER PERMANENT PROVISIONS OF LAW
SEC. 6. (a)(1) Chapter 141 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§2394. Contracts for energy or fuel for military installations "(a) Subject to subsection (c), the Secretary of a military department may enter into contracts for periods of up to 30 years— "(1) under section 2689 of this title; and "(2) for the provision and operation of energy production facilities on real property under the Secretary's jurisdiction or on private property and the purchase of energy produced from such facilities. "(b) A contract may be made under subsection (a) only— "(1) after the approval of the proposed contract by the Secretary of Defense; and
- (2) after the Committees on Armed Services and on Appropriations of the Senate and House of Representatives have been
Post, p. 173.
Notification to congressional committees.
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