Browse Arkansas Code titles and sections
10 U.S.C. § 18233 — Acquisition
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
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 74b3bec80ed459e916f1e19ff8cc17ccdcca9bb3022a31a4ecbcdc77e089badf. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_f359fcaae21260d73e30f1fb
Source file: Laws/federal/codes/united-states-code/title-10/section-18233-acquisition--6985ec4b02.md
Pages: Not recorded – Not recorded
Passage SHA-256: d3d66339b40803309b99bf33da8fc966f9fea8392541c794f9eabc771a6f7974
Source location: Title 10, Chapter 1803, § 18233; chapter-1803-facilities-for-reserve-components.md
Stored source content
**(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.
**(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, 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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional Notification.—** Except as provided in subsection (b), an expenditure or contribution in excess of the amount specified in [section 2805(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805/b/1&num=0&edition=prelim) may not be made under [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim) for any facility until—
(1) the Secretary of Defense has notified the congressional defense committees of the location, nature, and estimated cost of the facility; and
(2) a period of 21 days has elapsed after the notification has been received by those committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim).
**(b) Certain Expenditures or Contributions Exempted.—** Subsection (a) does not apply to expenditures or contributions for the following:
(1) Facilities acquired by lease.
(2) 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—
(A) the scope of work of the project, as approved by Congress, is not proposed to be reduced by more than 25 percent; and
(B) the current working estimate of the cost of the project does not exceed the amount approved for the project by more than the lesser of the following:
(i) 25 percent.
(ii) 200 percent of the amount specified by [section 2805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 18233a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
No expenditures or contribution may be made for a facility under [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim), unless the Secretary of Defense determines that—
(1) the number of units of the reserve components of the armed forces located or to be located in the area within which the facility is to be provided is not and will not be larger than the number that can reasonably be expected to be maintained at authorized strength, considering the number of persons living in the area who are qualified for membership in those reserve units; and
(2) the plan under which the facility is to be provided makes provision for the greatest practicable use of the facility jointly by units of two or more of those components.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 18234
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense, after consulting the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on matters of policy, may—
(1) administer, operate, maintain, and equip facilities constructed, expanded, rehabilitated, or converted under [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim) or otherwise acquired and used for the purposes of this chapter;
(2) permit persons or organizations other than members and units of the armed forces to use those facilities under such leases or other agreements as he considers appropriate; and
(3) cover the payments received under those leases or agreements into the Treasury to the credit of the appropriation from which the cost of maintaining the facility, including its utilities and services, is paid.
**(b)** The Secretary may not permit any use or disposition to be made of a facility covered by subsection (a) that would interfere with its use—
(1) for administering and training the reserve components of the armed forces; or
(2) in time of war or national emergency, by other units of the armed forces or by the United States for any other purpose.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 18235
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Contributions under [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim) are subject to such terms as the Secretary of Defense, after consulting the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, considers necessary for the purposes of this chapter. Except as otherwise agreed when the contribution is made, a facility provided by a contribution under paragraph (3) or (4) of [section 18233(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233/a&num=0&edition=prelim) may be used jointly by units of two or more reserve components of the armed forces only to the extent that the State considers practicable.
**(b)** A contribution made for an armory or readiness center under paragraph (4) or (5) of [section 18233(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233/a&num=0&edition=prelim) may not exceed the sum of—
(1) 100 percent of the cost of architectural, engineering and design services (including advance architectural, engineering and design services under [section 18233(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233/e&num=0&edition=prelim)); and
(2) a percentage of the cost of construction (exclusive of the cost of architectural, engineering and design services) calculated so that upon completion of construction the total contribution (including the contribution for architectural, engineering and design services) equals 75 percent of the total cost of construction (including the cost of architectural, engineering and design services).
For the purpose of computing the cost o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 18236
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 18239
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Exchange Authority.—** In addition to the acquisition authority provided by [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim), the Secretary of Defense may authorize the Secretary of a military department to acquire a facility, or addition to an existing facility, needed to satisfy military requirements for a reserve component by carrying out an exchange of an existing facility under the control of that Secretary through an agreement with an Executive agency (as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)), the United States Postal Service, or a State, local government, local authority, or private entity. The acquisition of a facility or an addition to an existing facility under this section may include the acquisition of utilities, equipment, and furnishings for the facility.
**(b) Facilities Eligible for Exchange.—** Only a facility of a reserve component that is not excess property (as defined in [section 102(3) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102/3&num=0&edition=prelim)) may be exchanged using the authority provided by this section.
**(c) Equal Value Exchange.—** In any exchange carried out using the authority provided by this section, the value of the replacement facility, or addition to an existing facility, including any utilities, equipment, and furnishings, to be acquired by the United States shall be at least equal to the fair market value of the facility conveyed by the United States under the agreement. If the values are unequal, the values may not be equalized by any payment of cash consideration by either party to the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 18240
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Projects Authorized.—** The Secretary concerned may carry out one or more of the following projects on or related to a military installation:
(1) A stormwater management project for the purposes of—
(A) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and
(B) protecting nearby waterways and stormwater-stressed ecosystems.
(2) A shoreline erosion control project for the purpose of improving, protecting, or repairing shoreline to protect the infrastructure of a military installation or a defense access road.
(3) A project to provide water storage and filtration, flood mitigation, or otherwise support water resilience.
**(b) Project Methods and Funding Sources.—** Using such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a project under this section as, or as part of, any of the following:
(1) An authorized military construction project.
(2) An unspecified minor military construction project under [section 2805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805&num=0&edition=prelim), including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section.
(3) A military installation resilience project under [section 2815 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2815&num=0&edition=prelim), including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section.
(4) A defense community infrastructure resilience project under [section 2391(d) of this title](https://uscode.h
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2815a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 881, act Sept. 11, 1950, ch. 945, § 2, 64 Stat. 829, stated purpose of this chapter, which provided for national defense facilities. See [section 18231 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18231&num=0&edition=prelim), Armed Forces.
Section 882, acts Sept. 11, 1950, ch. 945, § 3, 64 Stat. 830; Aug. 9, 1955, ch. 662, § 1(a), (b), 69 Stat. 593; Aug. 3, 1956, ch. 939, title IV, § 414, 70 Stat. 1018; Aug. 29, 1957, Pub. L. 85–215, § 2, 71 Stat. 490; Pub. L. 85–685, title VI, § 602, Aug. 20, 1958, 72 Stat. 665, related to acquisition and construction of defense facilities. See [section 18233 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim) and Codification note thereunder. Acts Aug. 9, 1955, ch. 662, § 1(a), (b), 69 Stat. 593; Aug. 3, 1956, ch. 939, title IV, § 414, 70 Stat. 1018; Aug. 29, 1957, Pub. L. 85–215, § 2, 71 Stat. 490, were repealed by Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569, 1570.
Section 883, acts Sept. 11, 1950, ch. 945, § 4, 64 Stat. 830; Aug. 9, 1955, ch. 662, § 1(c)–(e), 69 Stat. 593, related to location of facilities, change of location of units, title and maintenance of facilities, and to use of Federal and State facilities. See sections 18233, 18236, and 18238 of Title 10. Act Aug. 9, 1955, ch. 662, § 1(c)–(e), 69 Stat. 593, was repealed by Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569.
Section 884, act Sept. 11, 1950, ch. 945, § 5, 64 Stat. 831, authorized Secretary of Defense to delegate his authority under this chapter. See [section 18233 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim).
Section 885, acts Sept. 11, 195
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 881 to 887
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.