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U.S. Code as of:
01/19/04
Section 18233. Acquisition
(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 he
determines to be necessary 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, gift, exchange of
Government-owned land, or otherwise.
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