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10 U.S.C. § 18239 — Waiver of certain restrictions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense and the Secretary of each military department may make expenditures and contributions under [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim) without regard to section 3324(a) and (b) of title 31.
**(b)** Authority provided by law to place permanent or temporary improvements on land under [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim) may be exercised on land not owned by the United States—
(1) before title to the land on which the improvement is located (or is to be located) is approved under [section 3111 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3111&num=0&edition=prelim); and
(2) even though the land will be held in other than a fee simple interest in a case in which the Secretary of the military department concerned determines that the interest to be acquired in the land is sufficient for the purposes of the project.
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Stable record: federal_law:legal_authorities:record_usc_b24823d32c03b58c19fd501c
Source file: Laws/federal/codes/united-states-code/title-10/section-18239-waiver-of-certain-restrictions--f18c16ceac.md
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Source location: Title 10, Chapter 1803, § 18239; chapter-1803-facilities-for-reserve-components.md
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**(a)** The Secretary of Defense and the Secretary of each military department may make expenditures and contributions under [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim) without regard to section 3324(a) and (b) of title 31.
**(b)** Authority provided by law to place permanent or temporary improvements on land under [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim) may be exercised on land not owned by the United States—
(1) before title to the land on which the improvement is located (or is to be located) is approved under [section 3111 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3111&num=0&edition=prelim); and
(2) even though the land will be held in other than a fee simple interest in a case in which the Secretary of the military department concerned determines that the interest to be acquired in the land is sufficient for the purposes of the project.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval of Attorney General Required.—** Public money may not be expended to purchase land or any interest in land unless the Attorney General gives prior written approval of the sufficiency of the title to the land for the purpose for which the Federal Government is acquiring the property.
**(b) Delegation.—**
(1) **In general.—** — The Attorney General may delegate the responsibility under this section to other departments and agencies of the Government, subject to general supervision by the Attorney General and in accordance with regulations the Attorney General prescribes.
(2) **Request for opinion of attorney general.—** — A department or agency of the Government that has been delegated the responsibility to approve land titles under this section may request the Attorney General to render an opinion as to the validity of the title to any real property or interest in the property, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles.
**(c) Payment of Expenses for Procuring Certificates of Title.—** Except where otherwise authorized by law or provided by contract, the expenses of procuring certificates of titles or other evidences of title as the Attorney General may require may be paid out of the appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department or agency of the Government.
**(d) Nonapplication.—** This section does not affect any provision of law in effect on September 1, 1970, that is applicable to the acquisition of land or interests in land by the Tennessee Valley Authority.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 3111
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)).
**(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
**(c)** In this chapter and chapter 173 of this title:
(1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term “facility” means a building, structure, or other improvement to real property.
(3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
(4) The term “mil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 18233
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Federal law — U.S. Code and appendices · legal_authorities
Page 3798
TITLE 10—ARMED FORCES
§ 18238
Subsec. (a). Pub. L. 85–861 designated existing provi-
sions as subsec. (a) and substituted ‘‘under any provi-
sion of this chapter except section 2233(a)(2), (3), and (4)
of this title’’ for ‘‘under this chapter’’.
Subsec. (b). Pub. L. 85–861 added subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–106 effective as if included
in the Reserve Officer Personnel Management Act, title
XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see
section 1501(f)(3) of Pub. L. 104–106, set out as a note
under section 113 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 1664(b)(2), (9) of Pub. L. 103–337
effective Dec. 1, 1994, except as otherwise provided, see
section 1691 of Pub. L. 103–337, set out as an Effective
Date note under section 10001 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–214 effective Oct. 1, 1982,
and applicable to military construction projects, and to
construction and acquisition of military family hous-
ing authorized before, on, or after such date, see sec-
tion 12(a) of Pub. L. 97–214, set out as an Effective Date
note under section 2801 of this title.
§ 18238. Army National Guard of United States;
Air National Guard of United States: limita-
tion on relocation of units
A unit of the Army National Guard of the
United States or the Air National Guard of the
United States may not be relocated or with-
drawn under this chapter without the consent of
the governor of the State or, in the case of the
District of Columbia, the commanding general
of the National Guard of the District of Colum-
bia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 123, § 2238; Pub.
L. 85–861, § 1(43), Sept. 2, 1958, 72 St
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 18239
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