CHAPTER 133-FACILITIES FOR RESERVE COMPONENTS

Acquisition.

Limitation on certain projects; authority to carry out small projects with operation and maintenance funds.

2233.

2233a.

2234.

2235.

2236.

2237.

2238.

2239.

Location and use.

Administration; other use permitted by Secretary.

Contributions to States; other use permitted by States.

Supervision of construction: compliance with State law.

Army National Guard of United States; Air National Guard of United

States: limitation on relocation of units.

Waiver of certain restrictions.

§ 2231. Purpose

The purpose of this chapter is to provide for

(1) the acquisition, by purchase, lease, transfer, construction, expansion, rehabilitation, or conversion of facilities necessary for the proper development, training, operation, and maintenance of the reserve components of the armed forces, including troop housing and messing facilities;

(2) the joint use of those facilities by units of two or more of those reserve components, to the greatest practicable extent for efficiency and economy;

(3) the use of those facilities, in time of war or national emergency, by those units and other units of the armed forces, to the greatest practicable extent for efficiency and economy; and

(4) any other use of those facilities by the United States, in time of war or national emergency, to the greatest practicable extent for efficiency and economy.

(Aug. 10, 1956, ch. 1041, 70A Stat. 120; Aug. 29, 1957, Pub. L. 85215, § 1, 71 Stat. 489.)

§ 2232. Definitions

In this chapter:

(1) "State" means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States and includes political subdivisions and military units thereof and tax-supported agencies therein.

(2) "Facility" includes any (A) interest in land, (B) armory or other structure, and (C) storage or other facility normally needed for the administration and training of any unit of the reserve components of the armed forces.

(3) "Armory" means a structure that houses one or more units of a reserve component and is used for training and administering those units. It includes a structure that is appurtenant to such a structure and houses equipment used for that training and administration.

(Aug. 10, 1956, ch. 1041, 70A Stat. 121; Sept. 2, 1958, Pub. L. 85-861, §1 (36), 72 Stat. 1456; July 12, 1982, Pub. L. 97-214, § 3(d)(1), 96 Stat. 170.)

§ 2233. Acquisition

(a) Subject to sections 2233a, 2234, 2235, 2236, and 2238 of this title and subsection (c) of this section, 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;

(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 arms storage rooms as the Secretary determines to be required to meet a change in Department of Defense standards related to the safekeeping of

arms.

(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 or Territory, Puerto Rico, or the District of Columbia 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 or Territory, Puerto Rico, or the District of Columbia 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 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, and supervision incident to any my 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 121; Aug. 20, 1958, Pub. L. 85685, title VI, § 601(1), (2), 72 Stat. 664; Sept. 2, 1958, Pub. L. 85-861, § 1(37)-(39), 72 Stat. 1456; Nov. 26, 1979, Pub. L. 96-125, title VII, § 703, 93 Stat. 947; Dec. 23, 1981, Pub. L. 97-99, title VIII, §§ 803, 804, 95 Stat. 1380, 1381; July 12, 1982, Pub. L. 97-214, §§ 3(a), (d)(2), (e)(1), 10(a)(2), 96 Stat. 169, 170, 175.)

§ 2233a. Limitation on certain projects; authority to carry out small projects with operation and maintenance funds

(a)(1) Except as provided in paragraph (2), an expenditure or contribution in an amount in excess of $400,000 may not be made under section 2233 of this title for any facility until the Secretary of Defense has notified the Committees on Armed Services and on Appropriations of the Senate and House of Representatives of the location, nature, and estimated cost of the facility and a period of 21 days has passed after receipt of such notification.

(2) Paragraph (1) does not apply to expenditures or contributions for the following:

(A) Facilities acquired by lease.

(B) 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

(i) the scope of work of the project, as approved by Congress, is not proposed to be reduced by more than 25 percent; and

(ii) the current working estimate of the cost of the project does not exceed the amount approved for the project by more than (I) 25 percent, or (II) 200 percent of the amount specified by law as the maximum amount for

a minor military construction project, whichever is lesser.

(b) Under such regulations as the Secretary of Defense may prescribe, a project authorized under section 2233(a) of this title that costs $50,000 or less may be carried out with funds available for operations and maintenance.

(Added Pub. L. 85-685, title VI, § 601(3), Aug. 20, 1958, 72 Stat. 665, and amended Pub. L. 87-554, title VII, § 701, July 27, 1962, 76 Stat. 243; Pub. L. 93-552, title VII, § 703, Dec. 27, 1974, 88 Stat. 1770; Pub. L. 94-107, title VII, § 703, Oct. 7, 1975, 89 Stat. 569; Pub. L. 96-125, title VII, § 704, Nov. 26, 1979, 93 Stat. 947; Pub. L. 97-214, § 3(c)(1), July 12, 1982, 96 Stat. 169; Pub. L. 98-115, title VII, § 702, Oct. 11, 1983, 97 Stat. 782.)

§ 2234. Location and use

No expenditures or contribution may be made for a facility under section 2233 of this title, 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 121.)

§ 2235. Administration; other use permitted by Secretary

(a) The Secretary of Defense, after consulting the Committees on Armed Services of the Senate and the House of Representatives on matters of policy, may

(1) administer, operate, maintain, and equip facilities constructed, expanded, rehabilitated, or converted under section 2233(a)(1) of this title 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 pur

pose.

(Aug. 10, 1956, ch. 1041, 70A Stat. 122.)

§ 2236. Contributions to States; other use permitted by States

(a) Contributions under section 2233 of this title are subject to such terms as the Secretary of Defense, after consulting the Committees on Armed Services of the Senate and 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 section 2233(a) (3) or (4) of this

title 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 under section 2233(a)(4) or (5) of this title may not be more than 75 percent of the cost of the construction to which it is applied. For the purpose of computing the cost of construction under this subsection, the amount contributed by the State may not include the cost or market value of any real property that it has contributed.

(c) If a State acquires, constructs, expands, rehabilitates, or converts a facility with amounts contributed under section 2233 of this title, it may

(1) permit persons or organizations other than members and units of the armed forces to use the facility under such leases or other agreements as it considers appropriate; and

(2) apply amounts received under those leases or agreements to the cost of maintaining the facility.

(d) Except as otherwise agreed when the contribution is made, and except as the agreement is later changed, a State may not permit any use or disposition of the facility 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 122; Sept. 2, 1958, Pub. L. 85-861, § 1(40), 72 Stat. 1456; July 12, 1982, Pub. L. 97-214, § 3(d)(2), (3), (e)(2), 96 Stat. 170.)

§ 2237. Supervision of construction: compliance with State law

(a) Any construction, expansion, rehabilitation, or conversion under any provision of this chapter except section 2233(a)(2), (3), and (4) of this title may be performed under the supervision of the Chief of Engineers of the Army or the head of such office or agency in the Department of the Navy as the Secretary of the Navy may designate.

(b) The construction, expansion, rehabilitation, or conversion of facilities in a State under section 2233(a)(2), (3), or (4) of this title shall be done according to the laws of that jurisdiction and under the supervision of its officials, subject to the inspection and approval of the Secretary of Defense.

(Aug. 10, 1956, ch. 1041, 70A Stat. 123; Sept. 2, 1958, Pub. L. 85-861, § 1(41), 72 Stat. 1457; Nov. 2, 1966, Pub. L. 89-718, § 19, 80 Stat. 1118; July 12, 1982, Pub. L. 97-214, § 3(d)(2), 96 Stat. 170.)

§ 2238. Army National Guard of United States; Air National Guard of United States: limitation 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 withdrawn under this chapter without the consent of the governor