12 2 STA T .370 1 PUBLIC LA W 110 – 32 9— S E PT. 30 , 200 8car r yout a mil itary co ns truction , lan d ac q uisition, or f amily h ousin gp ro je ct at or for a military installation appro v ed for closure, or at a military installation for the purposes of supporting a function that has b een approved for realignment to another installation, in 20 0 5 under the D efense B ase C losure and R ealignment A ct of 19 90 ( part A of title X X I Xof P ublic L a w 101 – 510
10 U.S .C. 2 687 note ) , unless such a project at a military installation approved for realignment will support a continuing mission or function at that installation or a new mission or function that is planned for that installation, or unless the Secretary of Defense certifies that the cost to the United States of carrying out such project would be less than the cost to the United States of cancelling such project, or if the project is at an active component base that shall be established as an enclave or in the case of projects having multi - agency use, that another G overnment agency has indicated it will assume ownership of the completed project. T he Secretary of Defense may not transfer funds made available as a result of this limitation from any military construction project, land acquisition, or family housing project to another account or use such funds for another purpose or project without the prior approval of the Committees on Appropriations of both H ouses of Congress. This section shall not apply to military construction projects, land acquisition, or family housing projects for which the project is vital to the national security or the protection of health, safety, or environmental quality
- Provide
d, That the Secretary of Defense shall notify the congressional defense committees within seven days of a decision to carry out such a military construction project. ( INCLUD IN GTRA N SFE R O F FUNDS) SEC. 126. During the 5-year period after appropriations avail- able in this Act to the Department of Defense for military construc- tion and family housing operation and maintenance and construc- tion have e x pired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for ma k ing authori z ed adjustments to such appropriations for obligations incurred during the period of availability of such appro- priations, unobligated balances of such appropriations may be trans- ferred into the appropriation ‘ ‘ F oreign Currency Fluctuations, Construction, Defense ’ ’, to be merged with and to be available for the same time period and for the same purposes as the appro- priation to which transferred. SEC. 127. N one of the funds appropriated or otherwise made available in this title may be used for any action that is related to or promotes the expansion of the boundaries or size of the Pinon Canyon M aneuver Site, Colorado. SEC. 128. Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within that account in accordance with the reprogramming guidelines for military construction and family housing construction contained in the explanatory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act), and in the guidance for military construction reprogrammings and notifications con- tained in Department of Defense Financial Management Regulation 7000.14–R, V olume 3 , Chapter 7, of December 1996, as in effect on the date of enactment of this Act. Col o rad o .N o tif i c atio n . De adline.
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