10 U.S.C. § 18239 — Waiver of certain restrictions
submitted 44 years ago by Pub. L. 97-214 to r/title-10-ARMED-FORCES · 135 words · no verdicts yet
The Secretaries of Defense and the military departments can spend or contribute money for these facilities without following one usual Treasury payment rule. They can also build on land the government doesn't yet fully own, as long as the interest being acquired is enough for the project.
(a) The Secretary of Defense and the Secretary of each military department may spend money and make contributions under section 18233 without following the rules in section 3324(a) and (b) of title 31. Those rules normally control advance payments by the government.
(b) The law lets the government put permanent or temporary improvements on land under section 18233, even if the land isn't owned by the United States in the usual way. This can happen in two situations. First, it can happen before the title to the land is approved under section 3111 of title 40. Second, it can happen even when the government will only hold a partial interest in the land, not full ownership, as long as the Secretary of the military department decides that the interest being acquired is enough for what the project needs.
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.
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—
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
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 credit: (Added Pub. L. 97–214, § 3(b)(1), July 12, 1982, 96 Stat. 169, § 2239; amended Pub. L. 97–295, § 1(23), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 97–321, title VIII, § 805(a)(2), Oct. 15, 1982, 96 Stat. 1573; renumbered § 18239 and amended Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), (10), Oct. 5, 1994, 108 Stat. 3010, 3011; Pub. L. 107–217, § 3(b)(42), Aug. 21, 2002, 116 Stat. 1298.)
- 1982Enacted · Pub. L. 97-214 · 96 Stat. 169
- 1982Amended · Pub. L. 97-295 · 96 Stat. 1290
- 1982Amended · Pub. L. 97-321 · 96 Stat. 1573
- 1994Amended · Pub. L. 103-337 · 108 Stat. 3010, 3011
- 2002Amended · Pub. L. 107-217 · 116 Stat. 1298
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-214 on 1982-07-12.
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