An Act making appropriations for military construction of the Department of Defense for the fiscal year ending September 30, 1977, and for other purposes.
PL 94-367 (H.R.14235), enacted 07/16/1976

PUBLIC LAW 94-367—JULY 16, 1976 
90 STAT. 993 
Public Law 94-367 
94th Congress 
An Act 
Making appropriations for military construction for the Department of Defense 
for the fiscal year ending September 30, 1977, and for other purposes. 
Be it enacted by the Senate 
and House of Representatives 
of the 
United States of America 
in Congress assembled^ That the following 
sums are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 1977, for mili-
tary construction functions administered by the Department of 
Defense, and for other purposes, namely: 
MILITARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, and facilities 
for the Army as currently authorized in military public works or 
military construction Acts, and in sections 2673 and 2675 of title 10, 
United States Code, $580,868,000, to remain available until expended. 
MILITARY CONSTRUCTION, NAVY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, naval installations, and facilities 
for the Navy as currently authorized in military public works or 
military construction Acts, and in sections 2673 and 2675 of title 10, 
United States Code, including personnel in the Naval Facilities 
Engineering Command and other personal services necessary for the 
purposes of this appropriation, $549,935,000, to remain available until 
expended. 
MILITARY CONSTRUCTION, A I R FORCE 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, and facilities 
for the Air Force as currently authorized in military public works or 
military construction Acts, and in sections 2673 and 2675 of title 10, 
United States Code, $788,079,000, to remain available until expended. 
MILITARY CONSTRUCTION, DEFENSE AGENCIES 
(INCLUDING TRANSFER OF FUNDS) 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, installations, and facilities for 
activities and agencies of the Department of Defense (other than the 
military departments and the Defense Civil Preparedness Agency), 
as currently authorized in military public works or military construc-
tion Acts, and in sections 2673 and 2675 of title 10, United States Code, 
$41,396,000, to remain available until expended; and, in addition, not 
to exceed $20,000,000 to be derived by transfer from the appropriation 
"Research, development, test, and evaluation. Defense Agencies" as 
determined by the Secretary of Defense: Provided^ That such amounts 
of this appropriation as may be determined by the Secretary of 
July 16, 1976 
[H.R. 14235] 
Military 
Construction 
Appropriation 
Act, 1977. 
90 STAT. 994 
PUBLIC LAW 94-367—JULY 16, 1976 
Defense may be transferred to such appropriations of the Department 
of Defense available for military construction as he may designate: 
Enewetak Atoll, 
Provided 
further^ 
That none of the funds appropriated under this 
cleanup. 
paragraph may be expended for the cleanup of Enewetak Atoll until 
such time as the Secretary of Defense receives certification from 
appropriate administering authorities of the Trust Territory of the 
Pacific Islands that an agreement has been reached with the owners of 
the land of Enewetak Atoll or their duly constituted representatives 
that this appropriation shall constitute the total commitment of the 
Government of the United States for the cleanup of Enewetak Atoll. 
All feasible economies should be realized in the accomplishment of 
this project, through the use of military services' construction and 
support forces, their subsistence, equipment, material, supplies and 
transportation, which have been funded to support ongoing operations 
of the military services and would be required for normal operations 
of these forces. Further, such support should be furnished without 
reimbursement from military construction funds. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and conver-
sion of facilities for the training and administration of the Army 
National Guard as authorized by chapter 133 of title 10, United States 
10 use 2231 
Code, as amended, and the Keserve Forces Facilities Acts, $61,128,000, 
^' **?• 
to remain available until expended. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and conver-
sion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
133 of title 10, United States Code, as amended, and the Reserve 
Forces Facilities Acts, $37,200,000, to remain available until expended. 
MILITARY CONSTRUCTION, ARMY 
RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Army 
Reserve as authorized by chapter 133 of title 10, United States Code, 
as amended, and the Reserve Forces Facilities Acts, $53,804,000, to 
remain available until expended. 
MILITARY CONSTRUCTION, NAVAL RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the reserve 
components of the Navy and Marine Corps as authorized by chapter 
133 of title 10, United States Code, as amended, and the Reserve Forces 
Facilities Acts, $23,600,000, to remain available until expended. 
MILITARY CONSTRUCTION, A I R FORCE RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 133 of title 10, United States 
Code, as amended, and the Reserve Forces Facilities Acts, $10,773,000 
to remain available until expended. 
PUBLIC LAW 94-367—JULY 16, 1976 
90 STAT. 995 
FAMILY HOUSING, DEFENSE 
For expenses of family housing for the Army, Navy, Marine Corps, 
Air Force, and Defense agencies, for construction, including acquisi-
tion, replacement, addition, expansion, extension and alteration and 
for operation, maintenance, and debt payment, including leasing, 
minor construction, principal and interest charges, and insurance pre-
miums, as authorized by law, $1,304,523,000, to be obligated and 
expended in the Family Housing Management Account established 
pursuant to section 501(a) of Public Law 87-554, in not to exceed the 
following amounts: 
For the Army: 
Construction, $34,410,000; 
For the Navy and Marine Corps: 
Construction, $35,175,000; 
For the Air Force: 
Construction, $10,966,000; 
For Defense agencies: 
Construction, $25,000; 
For Department of Defense: 
Debt payment, $158,747,000; 
Operation, maintenance, $1,065 200,000: 
Provided^ That the amounts provided under this head for construc-
tion and for debt payment shall remain available until expended. 
GENERAL PROVISIONS 
SEC. 101. Funds appropriated to the Department of Defense for 
construction in prior years are hereby made available for construction 
authorized for each such department by the authorizations enacted 
into law during the second session of the Ninety-fourth Congress. 
SEC. 102. None of the funds appropriated in this Act shall be 
expended for payments under a cost-plus-a-fixed-fee contract for work, 
where cost estimates exceed $25,000, to be performed within the United 
States, except Alaska, without the specific approval in writing of the 
Secretary of Defense setting forth the reasons therefor. 
SEC. 103. None of the funds appropriated in this Act shall be 
expended for additional costs involved in expediting construction 
unless the Secretary of Defense certifies such costs to be necessary to 
protect the national interest and establishes a reasonable completion 
date for each project, taking into consideration the urgency of the 
requirement, the type and location of the project, the climatic and 
seasonal conditions affecting the construction, and the application of 
economical construction practices. 
SEC. 104. None of the funds appropriated in this Act shall be used 
for the construction, replacement, or reactivation of any bakery, 
laundry, or drycleanin^ facility in the United States, its territories, 
or possessions, as to which the Secretary of Defense does not certify, 
in writing, giving his reasons therefor, that the services to be furnished 
by such facilities are not obtainable from commercial sources at rea-
sonable rates. 
SEC. 105. Funds herein appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor vehicles. 
SEC. 106. Funds appropriated to the Department of Defense 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 
42 use 
1594a-l. 
Prior 
appropriations. 
Contracts. 
Construction 
costs, expedition. 
Service facilities. 
Motor vehicles, 
hire. 
31 u s e 638f. 
Access roads, 
construction. 
31 u s e 700b. 
90 STAT. 996 
PUBLIC LAW 94-367—JULY 16, 1976 
New bases. 
Land purchases 
or easements. 
Foreign 
contracts. 
Family housing. 
Base realignment 
or closure. 
42 u s e 4321 
note. 
Short title. 
Code, when projects authorized therein are certified as important to 
the national defense by the Secretary of Defense. 
SEC. 107. None of the funds appropriated in this Act may be used 
to begin construction of new bases inside the continental United States 
for which specific appropriations have not been made. 
SEC. 108. No part of the funds provided in this Act shall be used 
for purchase of land or land easements in excess of 100 per centum of 
the value as determined by the Corps of Engineers or the Naval Facili-
ties Engineering Command, except: (a) where there is a determination 
of value by a Federal court, or (h) purchases negotiated by the 
Attorney General or his designee, or (c) where the estimated value is 
less than $25,000, or (d) as otherwise determined by the Secretary of 
Defense to be in the public interest. 
SEC. 109. None of the funds appropriated in this Act may be used to 
make payments under contracts for any project in a foreign country 
unless the Secretary of Defense or his designee, after consultation with 
the Secretary of the Treasury or his designee, certifies to the Congress 
that the use, by purchase from the Treasury, of currencies of such 
country acquired pursuant to law is not feasible for the purpose, stat-
ing the reason therefor. 
SEC. 110. None of the funds appropriated in this Act shall be used 
to (1) acquire land, (2) provide for site preparation, or (3) install 
utilities for any family housing, except housing for which funds have 
been made available in annual military construction appropriation 
Acts. 
SEC. 111. None of the funds appropriated or otherwise made avail-
able under this Act shall be obligated or expended in connection with 
any base realignment or closure activity, until all terms, conditions 
and requirements of the National Environmental Policy Act have 
been complied with, with respect to each such activity. 
This Act may be cited as the "Military Construction Appropriation 
.i\.Ctj X(7 t • • 
Approved July 16, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1222 (Comm. on Appropriations) and No. 94-1314 (Comm. 
of Conference). 
SENATE REPORT No. 94-971 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
June 16, considered and passed House. 
June 26, considered and passed Senate, amended. 
July 1, House agreed to conference report; receded and concurred with an 
amendment to Senate amendment. 
July 2, Senate agreed to conference report; concurred in House amendment.