Pub. L. 82-534, tit. IV, sec. 401

Sec. 401. (a) The Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force, under the direction of the Secretary of Defense, are respectively authorized, in order to establish or develop the installations and facilities authorized by titles I, II, and III of this Act, to acquire lands and rights pertaining thereto, or other interests therein, including the temporary use thereof, by donation, purchase, exchange of Government-owned lands, or otherwise, without regard to section 3648, Revised Statutes, as amended. When necessary, construction of a public works project authorized by this Act may be commenced prior to approval of title to the underlying land by the Attorney General as required by section 355, Revised Statutes, as amended. (b) The Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force are respectively authorized, to the extent administratively determined by each to be fair and reasonable, under regulations approved by the Secretary of Defense, to reimburse the owners and tenants of land to be acquired for any public works project of the military department concerned for expenses and other losses and damages incurred by such owners and tenants, respectively, in the process and as a direct result of the moving of themselves and their families and possessions because of such acquisition of land, which reimbursement shall be in addition to, but not in duplication of, any payments in respect of such acquisition as may otherwise be authorized by law: Provided, That the total of such reimbursement to the owners and tenants of any parcel of land shall in no event exceed 25 per centum of the fair value of such parcel of land as determined by the Secretary of the military department concerned. No payment in reimbursement shall be made unless application therefor, supported by an itemized statement of the expenses, losses, and damages so incurred, shall have been submitted to the Secretary of the military department concerned within one year following the date of such acquisition. The authority conferred by this subsection shall be delegable by the Secretary of the military department concerned to such responsible officers or employees as he may determine. All functions performed under this subsection shall be exempt from the operation of the Administrative Procedure Act of June 11, 1946 (ch. 324, 60 Stat. 237), as amended (5 U. S. C. 1001–1011), except as to the requirements of section 3 of such Act (60 Stat. 238; 5 U. S. C. 1002). Any 66 Stat. 625funds appropriated pursuant to any Act authorizing civil or military public works projects for any military department, to the extent available, may be used to reimburse the owners and tenants of such acquired lands for such incurred expenses, losses, and damages. The authority for reimbursement of owners and tenants for moving costs conferred by this subsection shall be in addition to but not in duplication of authority contained in subsection 501 (b) of the Act of September 28, 1951 (65 Stat. 365) for the reimbursement to owners and tenants of land acquired pursuant to authorization contained in said Act.