Page:United States Statutes at Large Volume 104 Part 3.djvu/463

 PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1815 tion to be closed or realigned under this part, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned. (c) APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.—(1) The provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions of the President, the Commission, and, except as provided in paragraph (2), the Department of Defense in carrying out this part. (2)(A) The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the Department of Defense under this part (i) during the process of property disposal, and (ii) during the process of relocating functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated. (B) In applying the provisions of the National Environmental Policy Act of 1969 to the processes referred to in subparagraph (A), the Secretary of Defense and the Secretary of the military departments concerned shall not have to consider— (i) the need for closing or realigning the military installation which has been recommended for closure or realignment by the Commission; (ii) the need for transferring functions to any military installation which has been selected as the receiving installation; or (iii) military installations alternative to those recommended or selected. (3) A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), of any act or failure to act by the Department of Defense during the closing, realigning, or relocating of functions referred to in clauses (i) and (ii) of paragraph (2)(A), may not be brought more than 60 days after the date of such act or failure to act. (d) WAIVER. —The Secretary of Defense may close or realign military installations under this part without regard to— (1) any provision of law restricting the use of funds for closing or realigning military installations included in any appropriations or authorization Act; and (2) sections 2662 and 2687 of title 10, United States Code. SEC. 2906. ACCOUNT 10 USC 2687 (a) IN GENERAL. — (1) There is hereby established on the books of the Treasury an account to be known as the "Department of Defense Base Closure Account 1990" which shall be administered by the Secretary as a single account. (2) There shall be deposited into the Account— (A) funds authorized for and appropriated to the Account; (B) any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of Defense for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees; and

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