general provisions

general provisions Sec. 601. 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 and 9774 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 in88 Stat. 1760 land (including temporary use), by gift, purchase, exchange of Government-owned hind, or otherwise. Sec. 602. 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 $491,695,000; outside the United States $120,184,000; or a total of $611,879,000. (2) for title II: Inside the United States, $509,498,000; outside the United States, $41,458,000; or a total of $550,956,000. (3) for title III: Inside the United States, $307,786,000; outside the United States, $74,887,000; section 302, $8,100,000: or a total of $390,773,000. (4) for title IV : A total of $28,400,000. (5) for title V : Military family housing and homeowners assistance, $1,244,603,000. Sec. 603. (a) Except as provided in subsections (b) and (e), 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 Hawaii and Alaska), and by 10 per centum when outside the United States or in Hawaii and 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 of 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 estimates of the Department of Defense, based upon 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 days from the date on which a written report of the facts relating to the increased cost of such project, including a statement of the reasons for such increase has been submitted to the Committees on Armed Services of the House of Representatives and the Senate. (d) The Secretary of Defense shall submit an annual report to the Congress identifying each individual project which has been placed under contract in the preceding twelve-month period and with respect to which the then current working estimate of the Department of Defense based upon bids received for such project exceeded the amount authorized by the Congress for that project by more than 25 per centum. The Secretary shall also include in such report each individual project with respect to which the scope was reduced in order to permit contract award within the available authorization for such88 Stat. 1761 project. Such report shall include all pertinent cost information for each individual project, including the amount in dollars and percentage by which the current working estimate based on the contract price for the project exceeded the amount authorized for such project by the Congress. (e) In addition to other cost variation limitations contained in this section or in similar sections of prior year military construction authorization Acts, any of the amounts specified in titles I, II, III, and IV of this and prior military construction authorization Acts may be varied upward by an additional 10 per centum when the Secretary of the military department concerned determines that such increase is required to meet unusual variations in cost directly attributable to difficulties arising out of the current energy crisis. 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. Sec. 604. Contracts for construction made by the United States for performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, or the Naval Facilities Engineering Command, Department of the Navy, or such other department or Government agency as the Secretaries of the military departments recommend and the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective accomplishment of the construction herein authorized. The Secretaries of the military departments shall report annually to the President of the Senate and the Speaker of the House of Representatives a breakdown of the dollar value of construction contracts completed by each of the several construction agencies selected together with the design, construction supervision, and overhead fees charged by each of the several agents in the execution of the assigned construction. Further, such contracts (except architect and engineering contracts which, unless specifically authorized by the Congress shall continue to be awarded in accordance with presently established procedures, customs, and practice) shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with chapter 137 of title 10, United States Code. The Secretaries of the military departments shall report annually to the President of the Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder. Sec. 605. As of October 1, 1975, all authorizations for military public works including family housing, to be accomplished by the Secretary of a military department in connection with the establishment or development of installations and facilities, and all authorizations for appropriations therefor, that are contained in titles I, II, III, IV, and V of the Act of November 29, 1978, Public Law 93–166 (87 Stat. 661), and all such authorizations contained in Acts approved before November 30, 1973, and not superseded or otherwise modified by a later authorization are repealed except— (1) authorizations for public works and for appropriations therefor that are set forth in those Acts in the titles that contain the general provisions; (2) authorizations for public works projects as to which appropriated funds have been obligated for construction contracts, land acquisition, or payments to the North Atlantic Treaty Organization, in whole or in part before October 1, 1975, and authorizations for appropriations therefor; 88 Stat. 1762 (3) notwithstanding the repeal provisions of section 605 of the Act of November 29, 1973, Public Law 93–166 (87 Stat. 661, 681), authorizations for the following items which shall remain in effect until October 1, 1976: (A) Sanitary sewer connection in the amount of $2,200,000 at Fort Belvoir, Virginia, that is contained in title I, section 101 of the Act of October 26, 1970 (84 Stat. 1204), as amended and extended in section 705(a) (3) (A) of the Act of October 25, 1972 (86 Stat. 1153). (B) Cold storage warehouse construction in the amount of $1,215,000 at Fort Dix, New Jersey, that is contained in title I, section 101 of the Act of October 25, 1972 (86 Stat. 1135), as amended. (C) Enlisted men’s barracks complex construction in the amount of $12,160,000 at Fort Knox, Kentucky, that is contained in title I, section 101 of the Act of October 25, 1972 (86 Stat. 1135), as amended. (D) Enlisted women’s barracks construction in the amount of $245,000 and bachelor officer’s quarters construction in the amount of $803,000 at Fort Lee, Virginia, that is contained in title I, section 101 of the Act of October 25, 1972 (86 Stat. 1135), as amended. (E) Chapel center construction in the amount of $1,088,000 at Fort Benjamin Harrison, Indiana, that is contained in title I, section 101, of the Act of October 25, 1972 (86 Stat. 1135), as amended. (F) Enlisted men’s barracks construction in the amount of $7,996,000 at Fort Ord, California, that is contained in title I, section 101 of the Act of October 25, 1972 (86 Stat. 1135), as amended. (G) Enlisted men’s barracks and mess construction in the amount of $699,000 at Sierra Army Depot, California, that is contained in title I, section 101 of the Act of October 25, 1972 (86 Stat. 1136), as amended. (H) Test facilities Solid State Radar in the amount of $7,600,000 at Kwajalein National Missile Range, Kwajalein, that is contained in title I, section 101 of the Act of October 25, 1972 (86 Stat. 1137), as amended. (I) Land acquisition in the amount of $10,000,000 for the Naval Ammunition Depot, Oahu, Hawaii, that is contained in title II, section 201 of the Act of October 25, 1972 (86 Stat. 1140), as amended. (J) Message Center Addition, Aircraft Fire and Crash Station, Aircraft Maintenance Hangar Shops, Bachelor Enlisted Quarters, Mess Hall, Bachelor Officers’ Quarters, Exchange and Recreation Building, and Utilities construction in the amount of $110,000; $199,000; $837,000; $1,745,000; $377,000; $829,000; $419,000; and $792,000, respectively, for the Naval Detachment, Souda Bay, Crete, Greece, that is contained in title II, section 201 of the Act of October 25, 1972 (86 Stat. 1141), as amended. (K) Authorization for exchange of lands in support of the Air Installation Compatible Use Zones at Various Locations in the amount of $12,000,000 that is contained in title III, section 301 of the Act of October 25, 1972 (86 Stat. 1145), as amended. (4) Notwithstanding the repeal provisions of section 705 (b) of the Act of October 25, 1972, Public Law 92–545 (86 Stat. 1135, 1153), as modified by section 605(3) of the Act of November 29,88 Stat. 1763 1973, Public Law 93–166 (87 Stat. 661, 681), the authorization to construct six hundred family housing units at Naval Complex, Norfolk, Virginia, contained in title V, section 501(a) (2) of the Act of October 25, 1972 (86 Stat. 1148), shall remain in effect until October 1, 1975. Sec. 606. None of the authority contained in titles I, II, III, and IV of this Act shall be deemed to authorize any building construction projects inside the United States in excess of a unit cost to be determined in proportion to the appropriate area construction cost index, based on the following unit cost limitations where the area construction index is 1.0: (1) $31 per square foot for permanent barracks; (2) $33 per square foot for bachelor officer quarters; unless the Secretary of Defense, or his designee, determines that because of special circumstances, application to such project of the limitations on unit costs contained in this section is impracticable: Provided, That, notwithstanding the limitations contained in prior military construction authorization Acts on unit costs, the limitations on such costs contained in this section shall apply to all prior authorizations for such construction not heretofore repealed and for which construction contracts have not been awarded by the date of enactment of this Act. Sec. 607. Section 612 of Public Law 89–568 (80 Stat. 756, 757), is amended by deleting the figure “$150,000” wherever it appears and inserting in lieu thereof “$225,000”. Sec. 608. (a) The Secretary of Defense is authorized to assist communities located near the TRIDENT Support Site Bangor, Washington, in meeting the costs of providing increased municipal services and facilities to the residents of such communities, if the Secretary determines that there is an immediate and substantial increase in the need for such services and facilities in such communities as a direct result of work being carried out in connection with the construction, installation, testing, and operation of the TRIDENT Weapon System and that an unfair and excessive financial burden will be incurred by such communities as a result of the increased need for such services and facilities. (b) The Secretary of Defense shall carry out the provisions of this section through existing Federal programs. The Secretary is authorized to supplement funds made available under such Federal programs to the extent necessary to carry out the provisions of this section, and is authorized to provide financial assistance to communities described in subsection (a) of this section to help such communities pay their share of the costs under such programs. The heads of all departments and agencies concerned shall cooperate fully with the Secretary of Defense in carrying out the provisions of this section on a priority basis. (c) In determining the amount of financial assistance to be made available under this section to any local community for any community service or facility, the Secretary of Defense shall consult with the head of the department or agency of the Federal Government concerned with the type of service or facility for which financial assistance is being made available and shall take into consideration (1) the time lag between the initial impact of increased population in any such community and any increase in the local tax base which will result from such increased population, (2) the possible temporary nature of the increased population and the long-range cost impact on the permanent residents of any such community, and (3) such other pertinent factors as the Secretary of Defense deems appropriate. (d) Any funds appropriated to the Department of Defense for the 88 Stat. 1764 fiscal year beginning July 1, 1974, for carrying out the TRIDENT Weapon System shall be utilized by the Secretary of Defense in carrying out the provisions of this section to the extent that funds are unavailable under other Federal programs. Funds appropriated to the Department of Defense for any fiscal year beginning after June 30, 1975, for carrying out the TRIDENT Weapon System may, to the extent specifically authorized in an annual Military Construction Authorization Act, be utilized by the Secretary of Defense in carrying out the provision of this section to the extent that funds are unavailable under other Federal programs. (e) The Secretary shall transmit to the Committees on Armed Services of the Senate and the House of Representatives semiannual reports indicating the total amount expended in the case of each local community which was provided assistance under the authority of this section during the preceding six-month period, the specific projects for which assistance was provided during such period, and the total amount provided for each such project during such period. Sec. 609. (a) Public Law 93–346 (88 Stat. 340), designating the premises occupied by the Chief of Naval Operations as the official resident of the Vice President, is amended to read as follows: “That effective July 1, 1974, the Government-owned house together with furnishings, associated grounds (consisting of twelve acres, more or less), and related facilities which have heretofore been used as the residence of the Chief of Naval Operations, Department of the Navy, shall, on and after such date be available for, and are hereby designated as, the temporary official residence of the Vice President of the United States. “Sec. 2. The temporary official residence of the Vice President shall be adequately staffed and provided with such appropriate equipment, furnishings, dining facilities, services, and other provisions as may be required, under the supervision and direction of the Vice President, to enable him to perform and discharge appropriately the duties, functions, and obligations associated with his high office. “Sec. 3. The Secretary of the Navy shall, subject to the supervision and control of the Vice President, provide for the military staffing and the care and maintenance of the grounds of the temporary official residence of the Vice President and, subject to reimbursement therefor out of funds appropriated for such purposes, provide for the civilian staffing, care, maintenance, repair, improvement, alteration, and furnishing of such residence. “Sec. 4. There is hereby authorized to be appropriated such sums as may be necessary from time to time to carry out the foregoing provisions of this joint resolution. During any interim period until and before any such funds are so appropriated, the Secretary of the Navy shall make provision for staffing and other appropriate services in connection with the temporary official residence of the Vice President from funds available to the Department of the Navy, subject to reimbursement therefor from funds subsequently appropriated to carry out the purposes of this joint resolution. “Sec. 5. After the date on which the Vice President moves into the temporary official residence provided for in this joint resolution no funds may be expended for the maintenance, care, repair, furnishing, or security of any residence for the Vice President other than the temporary official residence provided for in this joint resolution unless the expenditure of such funds is specifically authorized by law enacted after such date. “Sec. 6. The Secretary of the Navy is authorized and directed, with the approval of the Vice President, to accept donations of money or property for the furnishing of or making improvements in or about88 Stat. 1765 the temporary official residence of the Vice President, all such donations to become the property of the United States and to be accounted for as such. “Sec. 7. (a) Section 202 of title 3, United States Code, is amended by striking out ‘and (5)’ in the first sentence and inserting in lieu thereof the following: ‘(5) the temporary official residence of the Vice President and grounds in the District of Columbia; (6) the Vice President and members of his immediately family; and (7)’. “Sec. 8. The first sentence of section 3056(a) of title 18, United States Code, is amended by— “(1) inserting ‘protect the members of the immediate family of the Vice President, unless such protection is declined;’ immediately after ‘Vice President-elect;’, and “(2) inserting ‘pay expenses for unforeseen emergencies of a confidential nature under the direction of the Secretary of the Treasury and accounted for solely on his certificate;’ immediately after ‘apprehension of criminals;’. “Sec. 9. It is the sense of Congress that living accommodations, generally equivalent to those available to the highest ranking officer on active duty in each of the other military services, should be provided for the Chief of Naval Operations.”. (b) Except as otherwise provided therein, the amendment made by subsection (a) of this section shall become effective July 12, 1974. Sec. 610. Section 2662 of title 10, United States Code, is amended by adding at the end of subsection (a) a new paragraph as follows: “(6) Any termination or modification by either the grantor or grantee of an existing license or permit of real property owned by the United States to a military department, under which substantial investments have been or are proposed to be made in connection with the use of the property by the military department.”. Sec. 611. Chapter 159 of title 10, United States Code, is amended by adding at the end thereof the following new section and a corresponding item in the analysis: “§ 2685. Adjustment of or surcharge on selling prices in commissary stores to provide funds for construction and improvement of commissary store facilities “(a) Notwithstanding any other provision of law, the Secretary of a military department, under regulations established by him and approved by the Secretary of Defense, may, for the purposes of this section, provide for an adjustment of, or surcharge on, sales prices of goods and services sold in commissary store facilities. “(b) The Secretary of a military department, under regulations established by him and approved by the Secretary of Defense, may use the proceeds from the adjustments or surcharges authorized by subsection (a) to acquire, construct, convert, expand, install, or otherwise improve commissary store facilities at defense installations within the United States and for related environmental evaluation and construction costs, including surveys, administration, overhead, planning, and design.”. Sec. 612. Notwithstanding any other provisions of law, proceeds from the sale of recycleable material shall be credited first, to the cost of collection, handling, and sale of the material including purchasing of equipment to be used for recycling purposes and second, to projects for environmental improvement and energy conservation at military camps, posts, and bases establishing recycling programs in accordance with regulations approved by the Secretary of Defense. The amount expended for environmental improvement and energy conservation projects shall not exceed $50,000 per installation per annum. Any bal-88 Stat. 1766ance shall be returned to the Treasury as miscellaneous receipts. The Secretary of each military department shall make an annual report to Congress on the operation of the program. Sec. 613. (a) None of the funds authorized to be appropriated by this Act with respect to any construction project at Diego Garcia may be Obligated unless— (1) the President has (A) advised the Congress in writing that all military and foreign policy implications regarding the need for United States facilities at Diego Garcia have been evaluated by him, and (B) certified to the Congress in writing that the construction of any such project is essential to the national interest of the United States; (2) 60 days of continuous session of the Congress have expired following the date on which certification with respect to such project is received by the Congress, and (3) neither House of Congress has adopted, within such 60-day period, a resolution disapproving such project. (b) (1) For purposes of this section, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of such 60-day period. (2) For purposes of this section, “resolution” means a resolution of either House of Congress, the matter after the resolving clause of which is as follows: “That the does not approve the proposed construction project on the island of Diego Garcia, the need for which was certified to by the President and the certification with respect to which was received by the on .”, the first and second blanks being filled with the name of the resolving House and the third blank being filled with the appropriate date. (c) Subsections (d) , (e), and (f) of this section are enacted by Congress— (1) as an exercise of the rule-making power of the Senate and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of resolutions described by subsection (b) (2) of this section; and they supersede other rules of the Senate only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner and to the same extent as in the case of any other rule of the Senate. (d) A resolution with respect to a proposed construction project of the island of Diego Garcia shall be referred to the Committee on Armed Services of the Senate. (e) (1) If the Committee on Armed Services of the Senate to which a resolution with respect to a proposed construction project on the island of Diego Garcia has been referred has not reported such resolution at the end of 20 calendar days after its introduction, not counting any day which is excluded under subsection (b) (1) of this section, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution introduced with respect to the same proposed construction project which has been referred to the committee, except that no motion to discharge shall be in order after the committee has reported a resolution of disapproval with respect to the same proposed construction project. (2) A motion to discharge under paragraph (i) of this subsection may be made only by a Senator favoring the resolution, is privileged, and debate thereon shall be limited to not more than 1 hour, to be88 Stat. 1767 divided equally between those favoring and those opposing the resolution, the time to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (f) (1) A motion in the Senate to proceed to the consideration of a resolution shall be privileged. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the Senate on a resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motion or appeal in connection with a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event: the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a resolution is in order in the Senate. Sec. 614. (a) The Secretary of the Army is authorized to convey, without monetary consideration, to the Ozark Public Building Authority, an agency of the city of Ozark, Alabama, all right, title, and interest of the United States in and to the land described in subsection (b) for use as a permanent site for the museum referred to in subsection (c), and subject to the conditions described therein. (b) The land authorized to be conveyed to the Ozark Public Building Authority as provided in subsection (a) is described as follows: All that tract or parcel of land lying and being in sections 13 and 24, range 23 east, township 5 north. Saint Stephens Meridian, Dale County, Alabama, more particularly described as follows: Beginning at a point which is 216.0 feet north 89 degrees 57 minutes west of the northeast corner of the southwest quarter of the northeast quarter of said section 24, on the western right-of-way line of Alabama State Highway Numbered 249, and on the boundary of a tract of land owned by the United States of America at Fort Rucker Military Reservation; thence north 25 degrees 07 minutes east along the western right-of-way line of said highway, which is along the boundary of said United States tract, 1,395 feet; thence north 64 degrees 53 minutes west 700 feet; thence south 25 degrees 07 minutes west 2,800 feet; thence south 64 degrees 53 minutes east 700 feet, more or less, to a point which is on the western right-of-way line of said highway and on the boundary of said United States tract; thence north 25 degrees 07 minutes east along the western right-of-way line of said highway, which is along the boundary of said United States tract, 1,405 feet, more or less, to the point of beginning, containing 45.00 acres, more or less. (c) The conveyance provided for by the subsection (a) shall be subject to the condition that the real property so conveyed shall be used as a permanent site for a museum to display suitable public exhibits of the United States Army aviation equipment and allied subjects and88 Stat. 1768 aviation-oriented exhibits of other United States Government departments, agencies, and instrumentalities, and of foreign origin, and if such property is not used for such purpose, all right, title, and interest in and to such real property shall revert to the United States, which shall have the right of immediate entry thereon, and to such other conditions as the Secretary of the Army may prescribe to protect the interest of the United States. Sec. 615. (a) The Secretary of the Navy, or his designee, is authorized to convey to the Gulf Coast Council, Boy Scouts of America, for fair market value and subject to such terms and conditions as shall be determined by the Secretary of the Navy, or his designee, to be necessary to protect the interests of the United States, all right, title, and interest of the United States of America, other than mineral rights including gas and oil which shall be reserved to the United States, in and to a certain parcel of land containing 12.46 acres, more or less, situated in Escambia County, Florida, being a part of the Naval Education and Training Program Development Center, Ellyson, Florida, more particularly described as follows: Commence at the southeast property corner of Naval Education and Training Program Development Center (NETPDC) , formerly Naval Air Station, Ellyson, thence north 3 degrees 55 minutes west along the east boundary of NETPDC a distance of 725.8 feet more or less to the point of beginning; from said point of beginning, continue north 3 degrees 55 minutes west along the east boundary of NETPDC a distance of 829.1 feet more or less to a point, thence north 0 degrees 27 minutes west along the east boundary of NETPDC a distance of 623.3 feet more or less to a point, thence south 45 degrees 25 minutes east a distance of 304.8 feet more or less to a point, thence south 87 degrees 48 minutes east a distance of 40.5 feet more or less to a point, thence south 0 degree 25 minutes west a distance of 38.1 feet more or less to a point, thence south 45 degrees 25 minutes east a distance of 139.8 feet more or less to a point, thence south 87 degrees 00 minutes east a distance of 24.6 feet more or less to a point, thence south 24 degrees 12 minutes west a distance of 17.4 feet more or less to a point, thence south 45 degrees 25 minutes east a distance of 536.6 feet more or less to a point, thence south 44 degrees 35 minutes west a distance of 990.1 feet more or less to the point of beginning; containing 12.46 acres more or less. (b) All expenses for surveys and the preparation and execution of legal documents necessary or appropriate to carry out the foregoing provisions shall be borne by the Gulf Coast Council, Boy Scouts of America. Sec. 616. (a) The Secretary of the Army (hereinafter in this section referred to as the “Secretary”), or his designee, is authorized and directed to convey by quitclaim deed to the State of Louisiana all right, title, and interest of the United States in and to that certain real property located in Saint Tammany Parish, Louisiana, containing one thousand seven hundred and ten acres, more or less, known as Camp Villere, being the same property presently under license to the State for National Guard use, and known as Audited Installation Numbered 22975 in the files of the Office of the District Engineer, Corps of Engineers, Fort Worth District. 88 Stat. 1769 (b) The conveyance required to be made pursuant to subsection (a) shall be made without monetary compensation but shall be in consideration of, and subject to, the following terms and conditions: (1) The conveyed property shall be used primarily for the training of the Louisiana National Guard and for other military purposes of the Louisiana National Guard. (2) Any revenue derived by the State from any other uses of the property shall be used for the maintenance and improvement of the property or be shared with the United States as prescribed by the Secretary. The State shall maintain such records and furnish such reports with respect to such revenue as are prescribed by the Secretary. (3) The State shall protect the timber, water resources, gravel, sand, soil, mineral deposits, and other natural resources of the conveyed property in accordance with sound conservation practices and to the satisfaction of the Secretary. (4) In time of war or national emergency declared by the Congress, or national emergency hereafter proclaimed by the President, and upon a determination by the Secretary of Defense that the conveyed property, or any part thereof, is useful or necessary for national defense and security, the Secretary, on behalf of the United States, shall have the right to enter upon and use such property, or any part thereof (including any and all improvements made thereon by the State), for a period not to exceed the duration of such war or emergency plus six months. Upon termination of such use, the property shall revert to the State, together with all improvements placed thereon by the United States, and be subject to the terms, conditions, and limitations on its use and disposition which apply without regard to this paragraph. The use of the property by the United States pursuant to this paragraph shall be without obligation or payment on the part of the United States, except that the United States, if required by the State, shall pay the fair market rental value for the use of any improvements on the property which are constructed with State funds and, upon completion of such use, will restore any such improvements to the same condition as that existing at the time of initial occupancy by the United States under this paragraph. At the option of the Secretary, cash payment may be made by the United States in lieu of such restoration; except that the value of any improvements erected by the United States during its occupancy and left on the property shall be offset against the obligation of the United States to restore improvements constructed with State funds. (5) There shall be reserved from the conveyance such easements and right-of-way for roads, water flowage, soil disposal, waterlines, sewerlines, communications wires, powerlines, and other purposes, as the Secretary considers necessary or convenient for the operations, activities, and functions of the United States. (6) All mineral rights with respect to the conveyed property, including gas and oil, shall be reserved to the United States, together with the right to permit such reasonable exploration and mining operations as will not interfere with the primary use of the property. (7) Such other terms and conditions as the Secretary may deem necessary to protect the interests of the United States. (c) Upon a finding by the Secretary that the State is violating or failing to comply with any term or condition imposed by paragraph (1), (2), or (3) of subsection (b) of this section, the Secretary is authorized immediately to reenter and take possession of the property described in subsection (a) , whereupon title to such property shall revert to the United States and control thereover may be asserted by the Secretary without any further act or legal proceeding whatsoever.88 Stat. 1770 Any improvements, fixtures, and buildings placed on the property by the State during its period of use shall become the property of the United States without payment of compensation therefor. (d) (1) Any surveying and related costs incurred incident to the carrying out of this section shall be borne by the State. (2) Appropriate provisions to implement the terms and conditions of this Act shall be included in the instrument of conveyance. SEC. 617. Titles I, II, III, IV, V, and VI of this Act may be cited as the “Military Construction Authorization Act, 1975”.