§18239 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense and the heads of the military departments can spend money and make contributions under section 18233 without following 31 U.S.C. 3324(a)–(b). They can make improvements on land not owned by the United States before title is approved under 40 U.S.C. 3111, and they can do so even if the U.S. will get less than fee simple ownership, as long as the military department Secretary decides the interest is enough for the project.

Title 10, §18239

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense and the Secretary of each military department may make expenditures and contributions under section 18233 of this title 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 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; 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (b)(1). Pub. L. 107–217 substituted “section 3111 of title 40” for “section 355 of the Revised Statutes (40 U.S.C. 255)”. 1994—Pub. L. 103–337, § 1664(b)(2), renumbered section 2239 of this title as this section. Subsecs. (a), (b). Pub. L. 103–337, § 1664(b)(10), substituted “18233” for “2233”. 1982—Subsec. (a). Pub. L. 97–295 substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes (31 U.S.C. 529)”. Subsec. (b). Pub. L. 97–321, in introductory text, substituted “on land” for “on lands” and inserted “on land not owned by the United States”; redesignated former cl. (1) as par. (1); added par. (2) and struck out former cl. (2) “even though the land is held temporarily”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by 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

Section effective Oct. 1, 1982, and applicable to military

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projects, and to

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and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

§18239 Waiver of certain restrictions

Summary

Title 10, §18239

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

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Citations & Metadata