Page:United States Statutes at Large Volume 83.djvu/342

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[83 STAT. 314]
PUBLIC LAW 91-000—MMMM. DD, 1969
[83 STAT. 314]

314

PUBLIC LAW 91-142-DEC. 5, 1969

[83 STAT.

TITLE VII GENERAL PROVISIONS Construction authority. Waiver of restrictions. 70A Stat. 269, 590.

Appropriation.

Cost variations.

Conditions

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SEC. 701. 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. 702. 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 exceed (1) for title I: Inside the United States, $175,853,000; outside the United States, $104,135,000; or a total of $279,988,000. (2) for title II: Inside the United States, $271,251,000; outside United States, $24,244,000; section 202, $10,810,000; or a total of $306,305,000. (3) for title III: Inside the United States, $208,611,000; outside the United States, $31,149,000; section 302, $29,234,000; or a total of $268,994,000. (4) for title IV: A total of $41,165,000. (5) for title V: Military family housing, $689,518,000. SEC. 703 (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 Alaska), and by 10 per centum when outside the United States or in 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 Secretary 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