
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: 10USC9773]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                       CHAPTER 949--REAL PROPERTY
 
Sec. 9773. Acquisition and construction: air bases and depots

    (a) The Secretary of the Air Force shall determine the sites of such 
additional permanent air bases and depots in all strategic areas of the 
United States and the Territories, Commonwealths, possessions, and 
holdings as he considers necessary. He shall determine when the 
enlargement of existing air bases and depots is necessary for the 
effective peacetime training of the Air Force.
    (b) In determining the sites of new air bases and depots, the 
Secretary shall consider the following regions for the purposes 
indicated--
        (1) the Atlantic northeast, for training in cold weather and in 
    fog;
        (2) the Atlantic southeast and Caribbean areas, for training in 
    long-range operations, especially those incident to reinforcing the 
    defenses of the Panama Canal;
        (3) the southeastern United States, to provide a depot necessary 
    to maintain the Air Force;
        (4) the Pacific northwest, to establish and maintain air 
    communication with Alaska;
        (5) Alaska, for training under conditions of extreme cold;
        (6) the Rocky Mountain area, to provide a depot necessary to 
    maintain the Air Force, and for training in operations from fields 
    in high altitudes; and
        (7) other regions, for the establishment of intermediate air 
    bases to provide for transcontinental movements of the Air Force for 
    maneuvers.

    (c) In selecting sites for air bases and depots covered by this 
section and in determining the alteration or enlargement of existing air 
bases or depots, the Secretary shall consider the need--
        (1) to form the nucleus for concentration of Air Force units in 
    time of war;
        (2) to permit, in time of peace, training and effective planning 
    in each strategic area for the use and expansion of commercial, 
    municipal, and private flying installations in time of war;
        (3) to locate, in each strategic area in which it is considered 
    necessary, adequate storage facilities for munitions and other 
    articles necessary to facilitate the movement, concentration, 
    maintenance, and operation of the Air Force; and
        (4) to afford the maximum warning against surprise attack by 
    enemy aircraft upon aviation of the United States and its necessary 
    installations consistent with maintaining, in connection with 
    existing or contemplated landing fields, the full power of the Air 
    Force for operations necessary in the defense of the United States, 
    and in the defense and reinforcement of the Territories, 
    Commonwealths, possessions, and holdings.

    (d) In carrying out this section, the Secretary, on behalf of the 
United States, may acquire title, in fee simple and free of encumbrance, 
to any land that he considers necessary--
        (1) by accepting title without cost to the United States;
        (2) by exchanging military reservations or parts thereof for 
    that land, upon the written approval of the President; or
        (3) by purchase or condemnation, if acquisition by gift or 
    exchange is impracticable.

    (e) The Secretary may, by purchase, gift, lease, or otherwise, 
acquire at desired locations bombing and machine gun ranges necessary 
for practice by, and the training of, tactical units.
    (f) At each air base or depot established under this section, the 
Secretary shall remove or remodel existing structures as necessary; do 
necessary grading; and provide buildings, utilities, communication 
systems, landing fields and mats, roads, walks, aprons, docks, runways, 
facilities for the storage and distribution of ammunition, fuel, oil, 
necessary protection against bombs, and all appurtenances to the 
foregoing.
    (g) The Secretary may direct the transportation of personnel, and 
the purchase, renovation, and transportation of material, that he 
considers necessary to carry out this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 588.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
9773(a)...............................  10:1343a (1st sentence).             Au
g. 12, 1935, ch. 511, Secs.  1-3,
9773(b)...............................  10:1343a (2d sentence).               4
9 Stat. 610.
9773(c)...............................  10:1343a (less 1st and 2d
                                         sentences).
9773(d)...............................  10:1343b.
9773(e)...............................  10:1343c (last sentence).
9773(f)...............................  10:1343c (1st sentence).
9773(g)...............................  10:1343c (2d sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the word ``shall'' is substituted for the words 
``is authorized and directed to''. The words ``Territories, 
Commonwealths,'' are substituted for the word ``Alaska'' to make it 
clear that the section covers all territory of the United States. The 
words ``Air Force'' are substituted for the words ``General Headquarters 
Air Force and the Air Corps components of our overseas garrisons''.
    In subsection (b), the words ``to provide'', ``to permit'', ``in 
addition'', and ``incident to the concentration of'' are omitted as 
surplusage.
    In subsection (c), the introductory clause is substituted for 
10:1343a (1st 41 words of 3d sentence). The words ``to locate'' are 
substituted for the words ``there shall be provided''. The words 
``aviation of the United States'' are substituted for the words ``our 
own aviation''. The words, ``Territories, Commonwealths,'' are inserted 
to conform to subsection (a). The words ``The stations shall be suitably 
located'', ``of the set-up'', ``by responsible personnel'', ``there 
shall be provided'', ``General Headquarters'', ``in peace and war'', 
``such close and distant * * * over land and sea'', and ``The stations 
and depots shall be located with a view'', and 10:1343a (4th clause of 
3d sentence) are omitted as surplusage.
    In subsection (d), clause (3) is substituted for 10: 1343b (last 26 
words). 10:1043b (24 words before 1st proviso) is omitted as surplusage.
    In subsection (f), the word ``shall'' is substituted for the words 
``is further authorized and directed to''. The word ``provide'' is 
substituted for the words ``construct, install, and equip, or complete 
the construction, installation, and equipment''. The words ``technical 
buildings and utilities'' are omitted as covered by the words 
``buildings'' and ``utilities''. The words ``sewer, water, power, 
station and aerodrome lighting'' are omitted as covered by the word 
``utilities''. The words ``communication systems'' are substituted for 
the words ``telephone and signal communications''. The words 
``appurtenances to the foregoing'' are substituted for the words ``other 
essentials''.
