Page:United States Statutes at Large Volume 123.djvu/3311

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123STA T . 32 9 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 thispar a g raph sha l l befo r the pro j e c tsa nd acti v ities , and in the a m o u nts, specified under the headings ‘ ‘ C hemical D emilitari z a - tion Construction, Defense- W ide ’ ’ in the table entitled ‘‘ M ilitar y Construction’’ in the e x planatory statement of managers to accom- pany this A ct . D EPARTM E N T OF DEFEN S E B ASE C L OS U REA C COUNT 19 9 0F or deposit into the Department of Defense Base Closure Account 1990, established by section 2 90 6( a ) (1) of the Defense Base Closure and R ealignment Act of 1990 (10 U . S .C. 26 87 note), $4 96,768,000, to remain available until expended. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 200 5 For deposit into the Department of Defense Base Closure Account 2005, established by section 2906A(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), $7,455,498,000, to remain available until expended

Provide

d, T hat the Department of Defense shall notify the Committees on Appro- priations of both H ouses of Congress 14 days prior to obligating an amount for a construction project that exceeds or reduces the amount identified for that project in the most recently submitted budget re q uest for this account by 20 percent or $2,000,000, w hich- ever is less: Provided fu r th er, That the previous proviso shall not apply to projects costing less than $5,000,000, except for those projects not previously identified in any budget submission for this account and exceeding the minor construction threshold under section 2805 of title 10, United States Code. A D M I NISTRATI V E P ROVISIONS SEC. 101. N one of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be per- formed within the United States, except Alas k a, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 102. Funds made available in this title for construction shall be available for hire of passenger motor vehicles. SEC. 10 3 . Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. SEC. 104. None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made. SEC. 105. None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of E ngineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court

(2) purchases negotiated by the Attorney G eneral or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest. Certif i ca ti on. Contract s . N otification. D ea dl ine.