§ 18233. Acquisition
1,991 words·~9 min read·
/usc/title-10/section-18233A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Subject to sections 18233a, 18234, 18235, 18236, and 18238 of this title and to subsection (c), the Secretary of Defense may—
(1)acquire by purchase, lease, or transfer, and construct, expand, rehabilitate, or convert and equip, such facilities as are authorized by law to carry out the purposes of this chapter;
(2)contribute to any State such amounts as he determines to be necessary to expand, rehabilitate, or convert facilities owned by it or by the United States for use jointly by units of two or more reserve components of the armed forces or to acquire or construct facilities for such use;
(3)contribute to any State such amounts as he determines to be necessary to expand, rehabilitate, or convert facilities owned by it (or to acquire, construct, expand, rehabilitate, or convert additional facilities) made necessary by the conversion, redesignation, or reorganization of units of the Army National Guard of the United States or the Air National Guard of the United States authorized by the Secretary of the military department concerned;
(4)contribute to any State such amounts for the acquisition, construction, expansion, rehabilitation, or conversion by it of additional facilities as he determines to be required by any increase in the strength of the Army National Guard of the United States or the Air National Guard of the United States;
(5)contribute to any State amounts for the acquisition, construction, expansion, rehabilitation, and conversion by such State of such additional facilities as the Secretary determines to be required because of the failure of existing facilities to meet the purposes of this chapter; and
(6)contribute to any State such amounts for the construction, alteration, or rehabilitation of critical portions of facilities as the Secretary determines to be required to meet a change in Department of Defense construction criteria or standards related to the execution of the Federal military mission assigned to the unit using the facility.
(b)Title to property acquired by the United States under subsection (a)(1) vests in the United States. Such property may be transferred to any State incident to the expansion, rehabilitation, or conversion of such property under subsection (a)(2) so long as 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.
(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, design, 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 or gift.
(Aug. 10, 1956, ch. 1041, 70A Stat. 121, § 2233; Pub. L. 85–685, title VI, § 601(1), (2), Aug. 20, 1958, 72 Stat. 664; Pub. L. 85–861, § 1(37)–(39), Sept. 2, 1958, 72 Stat. 1456; Pub. L. 96–125, title VII, § 703, Nov. 26, 1979, 93 Stat. 947; Pub. L. 97–99, title VIII, §§ 803, 804, Dec. 23, 1981, 95 Stat. 1380, 1381; Pub. L. 97–214, §§ 3(a), (d)(2), (e)(1), 10(a)(2), July 12, 1982, 96 Stat. 169, 170, 175; Pub. L. 98–407, title VII, § 703(a), Aug. 28, 1984, 98 Stat. 1517; Pub. L. 98–525, title XIV, § 1405(34), Oct. 19, 1984, 98 Stat. 2624;
Pub. L. 99–167, title VII, § 702(a), Dec. 3, 1985, 99 Stat. 985; Pub. L. 102–190, div. B, title XXVIII, § 2801, Dec. 5, 1991, 105 Stat. 1537; renumbered § 18233 and amended Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), (4), Oct. 5, 1994, 108 Stat. 3010; Pub. L. 106–65, div. B, title XXVIII, § 2805, Oct. 5, 1999, 113 Stat. 850; Pub. L. 108–375, div. B, title XXVIII, § 2809(b), Oct. 28, 2004, 118 Stat. 2127; Pub. L. 109–364, div. A, title X, § 1071(a)(42), Oct. 17, 2006, 120 Stat. 2400;
Pub. L. 111–84, div. B, title XXVIII, § 2805, Oct. 28, 2009, 123 Stat. 2662.)
In subsection (a), the 16th through the 31st words are omitted as executed on July 1, 1955, the end of the 5-year period.
In subsection (a)(2), the words “to the extent required” are omitted as covered by the word “necessary”. The words “use jointly by units of two or more of the reserve components of the armed forces” are substituted for the words “joint utilization of such facilities” to reflect 50:886(d).
In subsections (a)(2) and (3), the words “Territory, Puerto Rico, or the District of Columbia” are inserted to reflect 50:886(b).
In subsection (a)(3), the words “to be required” are substituted for the words “to have been made essential”.
In subsection (b), the words “real or personal” are omitted as surplusage.
In subsection (c), the words “all or * * * part”, “conferred”, “imposed”, “without relieving himself of the responsibility therefor”, “or officers”, and “as he may designate from time to time” are omitted as surplusage.
In subsections (a)(2), (3), and (4), the words “Territory, Puerto Rico, or the District of Columbia” are inserted to reflect 50:886(c).
In subsection (d), 50:882(a) (1st 28 words) is omitted as covered by section 2233(a)(1) of this title.
Connections16 cite this · traces to 3
Cited by 16 sections · top 9
U.S. Code
- § 18240Acquisition of facilities by exchange
- § 2815aStormwater management, shoreline erosion control, and water resilience projects for installations and defense access roads
- § 18234Location and use
- § 18237Supervision of construction: compliance with State law
- § 18239Waiver of certain restrictions
- § 18233aNotice and wait requirements for certain projects
- § 18236Contributions to States; other use permitted by States
- § 18233bAuthority to carry out small projects with operation and maintenance funds
- § 18235Administration; other use permitted by Secretary
Traces to 3 documents
71 references not yet in our index
- Aug. 10, 1956, ch. 1041
- 70A Stat. 121
- Pub. L. 85–685, title VI, § 601(1)
- 72 Stat. 664
- Pub. L. 85–861, § 1(37)
- 72 Stat. 1456
- Pub. L. 96–125, title VII, § 703
- 93 Stat. 947
- Pub. L. 97–99, title VIII
- 95 Stat. 1380
- Pub. L. 97–214
- 96 Stat. 169
- Pub. L. 98–407, title VII, § 703(a)
- 98 Stat. 1517
- Pub. L. 98–525, title XIV, § 1405(34)
- 98 Stat. 2624
- Pub. L. 99–167, title VII, § 702(a)
- 99 Stat. 985
- Pub. L. 102–190, div. B, title XXVIII, § 2801
- 105 Stat. 1537
- Pub. L. 103–337, div. A, title XVI, § 1664(b)(2)
- 108 Stat. 3010
- Pub. L. 106–65, div. B, title XXVIII, § 2805
- 113 Stat. 850
- Pub. L. 108–375, div. B, title XXVIII, § 2809(b)
- 118 Stat. 2127
- Pub. L. 109–364, div. A, title X, § 1071(a)(42)
- 120 Stat. 2400
- Pub. L. 111–84, div. B, title XXVIII, § 2805
- 123 Stat. 2662
- section 2233(a)(1) of this title
- Aug. 9, 1955, ch. 662
- 69 Stat. 593
- Aug. 3, 1956, ch. 939
- 70 Stat. 1018
- Pub. L. 85–215, § 2
- 71 Stat. 490
- Pub. L. 85–685, title VI, § 602
- 72 Stat. 665
- Pub. L. 85–861
+ 31 more
Citation graph
cites case law
§ 18233
Acquisition
U.S.C.×16
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 121
Pub. L.Pub. L. 85–685, title VI, § 601(1)
Stat.72 Stat. 664
Pub. L.Pub. L. 85–861, § 1(37)
Cites 74 · showing 8Cited by 16 across 1 source