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CHAPTER 1801-ISSUE OF SERVICEABLE MATERIAL TO

RESERVE COMPONENTS

[No present sections]

CHAPTER 1803-FACILITIES FOR RESERVE

COMPONENTS

Acquisition.

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18233.

18233a.

18234.

Location and use.

18235.

18236.

18237.

18238.

18239.

Limitation on certain projects; authority to carry out small projects with operation and maintenance funds.

Administration; other use permitted by Secretary.

Contributions to States; other use permitted by States.

Supervision of construction: compliance with State law.

Army National Guard of United States; Air National Guard of United
States: limitation on relocation of units.

Waiver of certain restrictions.

§ 18231. Purpose

The purpose of this chapter is to provide for

(1) the acquisition, by purchase, lease, transfer, construction, expansion, rehabilitation, or conversion of facilities necessary for the proper development, training, operation, and maintenance of the reserve components of the armed forces, including troop housing and messing facilities;

(2) the joint use of those facilities by units of two or more of those reserve components, to the greatest practicable extent for efficiency and economy;

(3) the use of those facilities, in time of war or national emergency, by those units and other units of the armed forces, to the greatest practicable extent for efficiency and economy; and

(4) any other use of those facilities by the United States, in time of war or national emergency, to the greatest practicable extent for efficiency and economy.

(Aug. 10, 1956, §2231, ch. 1041, 70A Stat. 120; Aug. 29, 1957, P.L. 85-215, §1, 71 Stat. 489; transferred and redesignated §18231 P.L. 103-337, § 1664(b)(2), Oct. 5, 1994, 108 Stat. 3010.) $18232. Definitions

In this chapter:

(1) The term "State" means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States and includes political subdivisions and military units thereof and tax-supported agencies therein.

the transfer of such property does not result in the creation of an enclave owned by a State within a Federal installation.

(c) The Secretary of Defense may delegate any of his authority or functions under this chapter to any department, agency, or officer of the Department of Defense.

(d) The expenses of leasing property under subsection (a)(1) may be paid from appropriations available for the payment of rent.

(e) The Secretary of Defense may procure, or contribute to any State such amounts as the Secretary determines to be necessary to procure, architectural and engineering services and construction design in connection with facilities to be established or developed under this chapter which are not otherwise authorized by law.

(f)(1) Authority provided by law to construct, expand, rehabilitate, convert, or equip any facility under this section includes authority to expend funds for surveys, administration, overhead, planning, and supervision incident to any such activity.

(2) Authority to acquire real property under this section includes authority to make surveys and to acquire interests in land (including temporary interests) by purchase, gift, exchange of Government-owned land, or otherwise.

(Aug. 10, 1956, § 2233, ch. 1041, 70A Stat. 121; Aug. 20, 1958, P.L. 85-685, § 601(1), (2), 72 Stat. 664; Sept. 2, 1958, P.L. 85-861, § 1(37)–(39), 72 Stat. 1456; Nov. 26, 1979, P.L. 96-125, §703, 93 Stat. 947; Dec. 23, 1981, P.L. 97-99, 88803, 804, 95 Stat. 1380, 1381; July 12, 1982, P.L. 97-214, §§ 3(a), (d)(2), (e)(1), 10(a)(2), 96 Stat. 169, 170, 175; Aug. 28, 1984, P.L. 98-407, § 703, 98 Stat. 1517; Oct. 19, 1984, P.L. 98-525, § 1405(34), 98 Stat. 2624; Dec. 3, 1985, P.L. 99-167, §702(a), 99 Stat. 985; Dec. 5, 1991, P.L. 102-190, § 2801, 105 Stat. 1537; transferred, redesignated § 18233, and amended P.L. 103–337, § 1664(b)(2),(4), Oct. 5, 1994, 108 Stat. 3010.)

§ 18233a. Limitation on certain projects; authority to carry out small projects with operation and maintenance funds

(a)(1) Except as provided in paragraph (2), an expenditure or contribution in an amount in excess of $400,000 may not be made under section 18233 of this title for any facility until the Secretary of Defense has notified the Committees on Armed Services and on Appropriations of the Senate and House of Representatives of the location, nature, and estimated cost of the facility and a period of 21 days has passed after receipt of such notification.

(2) Paragraph (1) does not apply to expenditures or contributions for the following:

(A) Facilities acquired by lease.

(B) A project for a facility that has been authorized by Congress, if the location and purpose of the facility are the same as when authorized and if, based upon bids received

(i) the scope of work of the project, as approved by Congress, is not proposed to be reduced by more than 25 percent; and

(ii) the current working estimate of the cost of the project does not exceed the amount approved for the project by more than (I) 25 percent, or (II) 200 percent of the amount specified by section 2805(a)(2) of this title as the maximum amount for a minor military construction project, whichever is lesser.

(b) Under such regulations as the Secretary of Defense may prescribe, a project authorized under section 18233(a) of this title

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