118 STAT. 2125 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(ii) 200 percent of the amount specified by section 2805(a)(2) of this title as the maximum amount for a minor military construction project. ‘‘(3) A repair project (as that term is defined in section 2811(e) of this title) that costs less than $7,500,000.’’. (b) RECODIFICATION OF LIMITED AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS.—Chapter 1803 of such title is amended by inserting after section 18233a the following new section: ‘‘§ 18233b. Authority to carry out small projects with oper ation and maintenance funds ‘‘Under such regulations as the Secretary of Defense may pre scribe, the Secretary may expend, from appropriations available for operation and maintenance, amounts necessary to carry out any project authorized under section 18233(a) of this title that costs not more than— ‘‘(1) the amount specified in section 2805(c)(1)(A) of this title, in the case of a project intended solely to correct a defi ciency that is life threatening, health threatening, or safety threatening; or ‘‘(2) the amount specified in section 2805(c)(1)(B) of this title, in the case of any other project.’’. (c) CLERICAL AMENDMENT.—The table of sections at the begin ning of chapter 1803 of such title is amended by striking the item relating to section 18233a and inserting the following new items: ‘‘18233a. Notice and wait requirements for certain projects. ‘‘18233b. Authority to carry out small projects with operation and maintenance funds.’’. SEC. 2809. AUTHORITY TO EXCHANGE RESERVE COMPONENT FACILI TIES TO ACQUIRE REPLACEMENT FACILITIES. (a) EXCHANGE AUTHORITY.—(1) Chapter 1803 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 18240. Acquisition of facilities by exchange ‘‘(a) EXCHANGE AUTHORITY.—In addition to the acquisition authority provided by section 18233 of this title, the Secretary of Defense may authorize the Secretary of a military department to acquire a facility, or addition to an existing facility, needed to satisfy military requirements for a reserve component by carrying out an exchange of an existing facility under the control of that Secretary through an agreement with a State, local government, local authority, or private entity. ‘‘(b) FACILITIES ELIGIBLE FOR EXCHANGE.—Only a facility of a reserve component that is not excess property (as defined in section 102(3) of title 40) may be exchanged using the authority provided by this section. ‘‘(c) EQUAL VALUE EXCHANGE.—In any exchange carried out using the authority provided by this section, the value of the replacement facility, or addition to an existing facility, acquired by the United States shall be at least equal to the fair market value of the facility conveyed by the United States under the agreement. If the values are unequal, the values may not be equal ized by any payment of cash consideration by either party to the agreement.
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