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10 U.S.C. § 18236Contributions to States; other use permitted by States

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 383 words · no verdicts yet

in plain englishAI-generated · not legal advice

States that get federal money to build armories must follow the Secretary of Defense's rules. Federal contributions can cover all design costs, plus enough construction costs to reach 75 percent of the total project cost. States can lease out unused space, but not if it would block training or wartime use.

(a) Federal contributions under section 18233 come with conditions set by the Secretary of Defense, after consulting the Senate and House Armed Services Committees. Unless the parties agreed otherwise when the money was given, a facility built with a contribution under section 18233(a)(3) or (4) can be shared by two or more reserve components. But that joint use only happens as much as the State believes is practical. (b) A contribution for an armory or readiness center under section 18233(a)(4) or (5) has a cap. It cannot be more than the sum of two amounts. First, 100 percent of the cost of architectural, engineering, and design work, including early design work approved under section 18233(e). Second, enough of the construction cost (not counting design costs) that, once construction is done, the total federal contribution equals 75 percent of the whole project's cost, design included. When figuring the construction cost for this math, the State cannot count the cost or market value of any land it gave to the project. (c) If a State uses section 18233 money to acquire, build, expand, fix up, or convert a facility, it gets two powers. First, it may let people or groups outside the armed forces use the facility, under leases or agreements it thinks are fair. Second, it may use the money from those leases to help pay for maintaining the facility. (d) Unless the contribution agreement said otherwise, or was later changed, a State cannot let any outside use or disposal of the facility interfere with two things. First, training and running the reserve components of the armed forces. Second, in a war or national emergency, use by other armed forces units or by the United States for any other purpose.
the actual law source: uscode.house.gov ↗public domain
(a)

Contributions under section 18233 of this title 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 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 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); 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 of construction under this subsection, the amount contributed by a 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 18233 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.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 122, § 2236; Pub. L. 85–861, § 1(40), Sept. 2, 1958, 72 Stat. 1456; Pub. L. 97–214, § 3(d)(2), (3), (e)(2), July 12, 1982, 96 Stat. 170; Pub. L. 99–167, title VII, § 702(b), Dec. 3, 1985, 99 Stat. 985; Pub. L. 99–661, div. A, title XIII, § 1343(a)(11), Nov. 14, 1986, 100 Stat. 3993; renumbered § 18236 and amended Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), (8), Oct. 5, 1994, 108 Stat. 3010; Pub. L. 104–106, div. A, title XV, §§ 1501(b)(36), 1502(a)(2), Feb. 10, 1996, 110 Stat. 498, 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2807(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–415.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1958Amended · Pub. L. 85-861 · 72 Stat. 1456
  • 1982Amended · Pub. L. 97-214 · 96 Stat. 170
  • 1985Amended · Pub. L. 99-167 · 99 Stat. 985
  • 1986Amended · Pub. L. 99-661 · 100 Stat. 3993
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 3010
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 498, 502
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 774
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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