
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2852]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
  SUBCHAPTER III--ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY 
                             FAMILY HOUSING
 
Sec. 2852. Military construction projects: waiver of certain 
        restrictions
        
    (a) The Secretary of Defense and the Secretaries of the military 
departments may carry out authorized military construction projects and 
authorized military family housing projects without regard to 
subsections (a) and (b) of section 3324 of title 31.
    (b) Authority to carry out a military construction project or a 
military family housing project may be exercised on land not owned by 
the United States--
        (1) before title to the land on which the project is to be 
    carried out is approved under section 355 of the Revised Statutes 
    (40 U.S.C. 255); 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.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 164; amended 
Pub. L. 97-295, Sec. 1(35), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 97-
321, title VIII, Sec. 805(a)(1), Oct. 15, 1982, 96 Stat. 1573; Pub. L. 
99-145, title XIII, Sec. 1303(a)(19), Nov. 8, 1985, 99 Stat. 739.)


                      Historical and Revision Notes

    In 10:2852(a), the title 31 citation is substituted on authority of 
Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first 
section of which enacted title 31.


                               Amendments

    1985--Subsec. (a). Pub. L. 99-145 substituted ``subsections (a) and 
(b) of section 3324'' for ``section 3324(a) and (b)''.
    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 substituted ``may be exercised on land 
not owned by the United States'' for ``on land not owned by the United 
States may be exercised'' in introductory text, redesignated former cl. 
(1) as par. (1), added par. (2), and struck out former cl. (2) which 
read as follows: ``even though the land is held temporarily''.


                             Effective Date

    For effective date and applicability of section, see section 12(a) 
of Pub. L. 97-214, set out as a note under section 2801 of this title.
