Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "10 U.S.C. § 2661"
description: "Miscellaneous administrative provisions relating to real property"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 10
title_name: "ARMED FORCES"
chapter_number: "159"
chapter_name: "REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY"
section: "2661"
citation: "10 U.S.C. § 2661"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
source_identifier: "/us/usc/t10/s2661"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 10 U.S.C. § 2661 - Miscellaneous administrative provisions relating to real property
## Text
(a) Availability of Operation and Maintenance Funds.— Appropriations for operation and maintenance of the active forces shall be available for the following:
(1) The repair of facilities.
(2) The installation of equipment in public and private plants.
(b) Leasing and Road Maintenance Authority.— The Secretary of Defense and the Secretary of each military department may provide for the following:
(1) The leasing of buildings and facilities (including the payment of rentals for special purpose space at the seat of Government). Rental for such leases may be paid in advance in connection with—
(A) the conduct of field exercises and maneuvers; and
(B) the administration of the Act of July 9, 1942 (43 U.S.C. 315q).
(2) The maintenance of defense access roads which are certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23.
(c) Prohibition on Naming Department of Defense Real Property After Member of Congress.— (1) Real property under the jurisdiction of the Secretary of Defense or the Secretary of a military department may not be named after, or otherwise officially identified by the name of, any individual who is a Member of Congress at the time the property is so named or identified.
(2) In this subsection:
(A) The term “Member of Congress” includes a Delegate or Resident Commissioner to the Congress.
(B) The term “real property” includes structures, buildings, or other infrastructure of a military installation, roadways and defense access roads, and any other area on the grounds of a military installation.
(d) Treatment of Pentagon Reservation.— In this chapter, the terms “Secretary concerned” and “Secretary of a military department” include the Secretary of Defense with respect to the Pentagon Reservation.
(Added Pub. L. 100370, § 1(l)(3), July 19, 1988, 102 Stat. 849; amended Pub. L. 108375, div. B, title XXVIII, § 2821(a)(1), (e)(1), Oct. 28, 2004, 118 Stat. 2129, 2130; Pub. L. 109163, div. B, title XXVIII, § 2821(d), (e), Jan. 6, 2006, 119 Stat. 3512; Pub. L. 11281, div. B, title XXVIII, § 2863(a), Dec. 31, 2011, 125 Stat. 1701.)
## Notes
Historical and Revision NotesSubsection (a) of this section and sections 2241(a) and 2253(b) of this title are based on Pub. L. 98212, title VII, § 735, Dec. 8, 1983, 97 Stat. 1444, as amended by Pub. L. 98525, title XIV, §§ 1403(a)(2), 1404, Oct. 19, 1984, 98 Stat. 2621. Subsection (b) is based on Pub. L. 99190, § 101(b) [title VIII, § 8005(d), (f)], Dec. 19, 1985, 99 Stat. 1185, 1202.
Editorial Notes
Prior ProvisionsA prior section 2661, act Aug. 10, 1956, ch. 1041, 70A Stat. 147, related to planning and construction of public works projects by military departments, prior to repeal by Pub. L. 97214, § 7(1), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date.
Amendments2011—Subsec. (c). Pub. L. 11281 added subsec. (c). 2006—Subsec. (c). Pub. L. 109163, § 2821(d), redesignated subsec. (c) as section 2664(b) of this title. Subsec. (d). Pub. L. 109163, § 2821(e), added subsec. (d). 2004—Subsecs. (a), (b). Pub. L. 108375, § 2821(e)(1), inserted headings. Subsec. (c). Pub. L. 108375, § 2821(a)(1), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentPub. L. 11281, div. B, title XXVIII, § 2863(b), Dec. 31, 2011, 125 Stat. 1702, provided that: “The prohibition in subsection (c) of section 2661 of title 10, United States Code, as added by subsection (a), shall apply only with respect to real property of the Department of Defense named after the date of the enactment of this Act [Dec. 31, 2011].”
Restroom Access at Military Installations for Certain Transportation Service ProvidersPub. L. 11960, div. A, title III, § 379, Dec. 18, 2025, 139 Stat. 843, provided that: “(a) Restroom Access.—The Secretary of Defense shall take such steps as may be necessary to ensure that, with respect to each covered location, there is a restroom—“(1) located at or in close proximity to the covered location; “(2) to which any covered driver, while providing a transportation protective service involving the transport of sensitive cargo to or from the covered location on behalf of the Department of Defense, is authorized access; “(3) that to the extent practicable, provides for privacy, hand washing, accessibility, and gender-specific needs; and “(4) in the case of a portable restroom, that is vented and equipped with adequate lighting (which may be achieved through supplementation with a temporary lighting source, as necessary). “(b) Location.—The location of a restroom under subsection (a)(1) may not be a location to which access by the covered driver would result in—“(1) a security risk, as determined by the Secretary; “(2) a health or safety risk to the covered driver; or “(3) a violation of any other regulation or policy of the Department. “(c) Notification of Noncompliance.—In carrying out subsection (a), the Secretary shall—“(1) establish a process by which a covered driver may provide to the Secretary timely notification of any covered location with respect to which access to a restroom is not provided consistent with such subsection; and “(2) upon receiving such a notification, coordinate with the commander of the military installation concerned or other appropriate officer or employee of the Department to ensure such access is provided. “(d) Definitions.—In this section:“(1) The terms arms, ammunition, and explosives, safe haven, secure holding area, secure holding location, and transportation protective service have the meanings given those terms in the publication of the United States Army Transportation Command issued October 4, 2024, and titled Military Freight Traffic Unified Rules Publication-1 (MFTURP-1), or any successor thereto. “(2) The term commercial motor vehicle has the meaning given that term in section 31101 of title 49, United States Code. “(3) The term covered driver means an operator of a commercial motor vehicle—“(A) authorized to provide a transportation protective service on behalf of the Department of Defense; and “(B) subject to requirements for qualifications and maximum hours of service under section 31502(b) of title 49, United States Code. “(4) The term covered location means a safe haven, secure holding area, or secure holding location at a military installation or other facility of the Department of Defense. “(5) The terms facility and military installation have the meanings given those terms in section 2801(c) of title 10, United States Code. “(6) The term sensitive cargo means—“(A) arms, ammunition, and explosives; “(B) classified material; or “(C) any other cargo, or category thereof, the Secretary of Defense determines sensitive for purposes of this section.”
Expenditures on Leased Facilities and Real Property of the Department of DefensePub. L. 118159, div. B, title XXVIII, § 2850, Dec. 23, 2024, 138 Stat. 2269, provided that: “(a) In General.—Not later than five years after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall reduce expenditures on facilities leased by the Department of Defense by 25 percent. “(b) Real Property Management.—The Secretary of Defense shall—“(1) publish guidance with respect to—“(A) standards for maximum office space design for new construction, including space reconfigurations; and “(B) desired average occupancy standards for existing Department of Defense facilities; “(2) validate utilization rates for existing office space owned or leased by the Department prior to approving significant land acquisitions for the Department; and “(3) use building utilization rates to validate new construction requirements, including efforts of the Department with respect to reconfiguration. “(c) Annual Briefing.—Not later than March 31, 2025, and annually thereafter until 2027, the Secretary shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on—“(1) the capacity of real property owned or leased by the Department of Defense; “(2) the average utilization rates for such real property; “(3) the size and cost of facilities leased by the Department; and “(4) the plan of the Secretary to satisfy the requirement under subsection (a).”
Prohibition on Display of Unapproved FlagsPub. L. 11831, div. A, title X, § 1052, Dec. 22, 2023, 137 Stat. 395, provided that: “(a) Prohibition.—No flag other than an approved flag shall be displayed in any work place, common access area, or public area of the Department of Defense. “(b) Exclusions.—The prohibition under subsection (a) shall not apply to—“(1) the public display or depiction of a flag other than an approved flag in a museum exhibit, State-issued license plate, grave site, memorial marker, monument, educational display, historical display, or work of art, if the nature of the display or depiction cannot reasonably be viewed as endorsement of the flag by the Department of Defense; or “(2) a building or area that primarily serves as a place of residence, including a barracks, dormitory, bachelor quarters, government-operated housing, or public-private venture housing area. “(c) Rule of Construction.—Nothing in this section shall be construed to affect the authority of a military commander to enforce good order and discipline on a military installation. “(d) Definitions.—In this section:“(1) The term approved flag means any of the following:“(A) The American flag. “(B) The flag of a State or of the District of Columbia. “(C) A military service flag. “(D) A flag or general officer flag. “(E) A Presidentially-appointed, Senate-confirmed civilian flag. “(F) A Senior Executive Service or military department-specific flag. “(G) The National League of Families POW/MIA flag. “(H) The flag of another country that is an ally or partner of the United States or for official protocol purposes. “(I) The flag of an organization of which the United States is a member. “(J) A ceremonial, command, unit, or branch flag or guidon. “(K) The flag of an athletic team, club, cadet-led organization, academic department, unit subdivision, or other entity approved to operate at a Service Academy (as such term is defined in section 347 of title 10, United States Code) or in conjunction with a Reserve Officer Training Corps activity. “(L) A flag or banner displayed by a retail tenant or non-government entity operating in a building owned or controlled by the Department of Defense, for the purposes of advertising business products and services, if authorized by contract. “(M) A religious flag or banner, including a holiday flag, if otherwise authorized. “(N) A flag approved at the discretion of the military chain of command or senior civilian leadership, as appropriate. “(2) The term work place, common access area, or public area of the Department of Defense includes the following:“(A) An office building, facility, naval vessel, aircraft, governmental vehicle, hangar, garage, ready room, storage room, tool and equipment room, or workshop. “(B) A sensitive compartmented information facility of other secure facility. “(C) A schoolhouse or training facility. “(D) The area in plain view of such a building that is not residential in nature, including the areas outside of buildings of the Department of Defense.”
Tribal Liaisons at Military InstallationsPub. L. 11831, div. A, title X, § 1084, Dec. 22, 2023, 137 Stat. 418, provided that: “(a) Tribal Liaisons at Military Installations.—The Secretary of Defense shall ensure that each military installation under the jurisdiction of a military department that has an Indian Tribe, Native Hawaiian organization, or Tribal interest in the area surrounding the installation has a Tribal liaison located at the installation. “(b) Tribal Interest.—For purposes of subsection (a), an area surrounding a military installation shall be considered to be an area in which there is a Tribal interest if an Indian Tribe or Native Hawaiian organization is historically or culturally affiliated with the land or water managed or directly affected by the military installation. “(c) Definitions.—In this section:“(1) The term Indian Tribe has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)). “(2) The term Native Hawaiian organization has the meaning given that term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).”
Requirements for Deployment of Fifth Generation Information and Communications Capabilities to Military Installations and Other Department FacilitiesPub. L. 11831, div. A, title XV, § 1526, Dec. 22, 2023, 137 Stat. 557, provided that: “(a) Requirements.—“(1) Strategy for private wireless networks.—Not later than 120 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall develop and implement a strategy for deploying to military installations and other facilities of the Department of Defense private wireless networks that are—“(A) based on fifth generation information and communications capabilities and Open Radio Access Network architecture; and “(B) tailored to the mission, security, and performance requirements of the respective military installation or other facility. “(2) Process for public wireless network service providers.—“(A) Establishment.—The Secretary shall establish a Department-wide process under which a public wireless network service provider of fifth generation information and communications capabilities may gain access to a military installation or other facility of the Department to provide commercial subscriber services to military and civilian personnel of the Department (including contractor personnel) located at, and organizational elements of the Department maintained at, such installation or facility. “(B) Design requirements.—In establishing the process under subparagraph (A), the Secretary shall ensure relevant system architectures and supporting infrastructure are designed to support modular upgrades to future generation technologies. “(3) Determination relating to contract authority.—The Secretary shall determine, on a contract-by-contract basis or as a determination with uniform applicability to contracts across military installations and other facilities of the Department, whether to enter into a contract for—“(A) neutral hosting, under which infrastructure and services would be provided to companies deploying private wireless networks and public wireless network services to such installation or other facility through multi-operator core network architectures; or “(B) separate private wireless network and public wireless network infrastructure at such installation or other facility (which shall include a determination by the Secretary on how to establish roaming agreements and policies between such networks). “(4) Briefing.—Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the strategy developed under paragraph (1) and any other activity carried out pursuant to this subsection. “(b) International Cooperation Activities.—The Secretary, using existing authorities available to the Secretary, may engage in cooperation activities with foreign allies and partners of the United States to—“(1) improve the implementation of the strategy under subsection (a)(1); and “(2) inform the deployment of private wireless networks to military installations and other facilities of the Department pursuant to such strategy. “(c) Open Radio Access Network Architecture Defined.—In this section, the term Open Radio Access Network architecture means a network architecture that is modular, uses open interfaces, and virtualizes functionality on commodity hardware through software.”
Target Date for Deployment of 5G Wireless Broadband Infrastructure at All Military InstallationsPub. L. 117263, div. A, title II, § 221, Dec. 23, 2022, 136 Stat. 2478, provided that: “(a) Target Required.—Not later than July 30, 2023, the Secretary of Defense shall—“(1) establish a target date by which the Secretary plans to deploy 5G wireless broadband infrastructure at all military installations; and “(2) establish metrics, which shall be identical for each of the military departments, to measure progress toward reaching the target required by paragraph (1). “(b) Annual Report.—Not later than December 31, 2023, and on an annual basis thereafter until the date specified in subsection (c), the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes—“(1) the metrics in use pursuant to subsection (a)(2); and “(2) the progress of the Secretary in reaching the target required by subsection (a)(1). “(c) Termination.—The requirement to submit annual reports under subsection (b) shall terminate on the date that is five years after the date of the enactment of this Act [Dec. 23, 2022].”
National Standards for Federal Fire Protection at Military InstallationsPub. L. 117263, div. A, title III, § 388, Dec. 23, 2022, 136 Stat. 2546, provided that: “(a) Standards Required.—Beginning not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall ensure that—“(1) members of the Armed Forces and employees of Defense Agencies who provide fire protection services to military installations comply with the national consensus standards developed by the National Fire Protection Association; “(2) the minimum staffing requirement for any firefighting vehicle responding to a structural building emergency at a military installation is not less than four firefighters per vehicle; and “(3) the minimum staffing requirement for any firefighting vehicle responding to an aircraft or airfield incident at a military installation is not less than three firefighters per vehicle. “(b) Reports Required.—Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that—“(1) details each instance in which the standards of that military department deviate from the national consensus standards specified in subsection (a)(1), and at what military installation; “(2) includes, for each military installation under the jurisdiction of that Secretary, a detailed description of response times for emergency services and firefighting vehicle staffing levels; and “(3) includes an assessment of the feasibility of requiring compliance with the national consensus standards specified in subsection (a)(1) in accordance with such subsection at each military installation under the jurisdiction of that Secretary (without exception), the cost of requiring such compliance, and the estimated timeline for that Secretary to implement such requirement. “(c) Definitions.—In this section:“(1) The terms Armed Forces and Defense Agency have the meanings given such terms in section 101 of title 10, United States Code. “(2) The term firefighter has the meaning given that term in section 707(b) of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 11692; 10 U.S.C. 1074m note). “(3) The term military installation has the meaning given that term in section 2801 of title 10, United States Code.”
Pilot Programs for Deployment of Telecommunications Infrastructure To Facilitate 5G Deployment on Military InstallationsPub. L. 11781, div. A, title II, § 233, Dec. 27, 2021, 135 Stat. 1614, provided that: “(a) Plans.—“(1) In general.—Not later than 180 days after enactment of this Act [Dec. 27, 2021], each Secretary of a military department shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for a pilot program for the deployment of telecommunications infrastructure to facilitate the availability of fifth-generation wireless telecommunications services on military installations under the jurisdiction of the Secretary. “(2) Plan elements.—Each plan submitted under paragraph (1) by a Secretary of a military department shall include, with respect to such military department, the following:“(A) A list of military installations at which the pilot program will be carried out, including at least one military installation of the department. “(B) A description of authorities that will be used to execute the pilot program. “(C) A timeline for the implementation and duration of the pilot program. “(D) The identity of each telecommunication carrier that intends to use the telecommunications infrastructure deployed pursuant to the pilot to provide fifth-generation wireless telecommunication services at each of the military installations listed under subparagraph (A). “(E) An assessment of need for centralized processes and points of contacts to facilitate deployment of the telecommunications infrastructure. “(b) Pilot Programs Required.—Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall establish a pilot program in accordance with the plan submitted by the Secretary under subsection (a)(1). “(c) Reports.—“(1) In general.—Not later than 180 days after the date on which a Secretary of a military department commences a pilot program under subsection (b), and not less frequently than once every 180 days thereafter until the completion of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program. “(2) Contents.—Each report submitted under paragraph (1) for a pilot program shall include the following:“(A) A description of the status of the pilot program at each military installation at which the pilot program is carried out. “(B) A description of the use of, and services provided by, telecommunications carriers of the telecommunications infrastructure at each military installation under the pilot program. “(C) Such additional information as the Secretary of the military department considers appropriate. “(d) Telecommunications Infrastructure Defined.—In this section, the term telecommunications infrastructure includes, at a minimum, the following:“(1) Macro towers. “(2) Small cell poles. “(3) Distributed antenna systems. “(4) Dark fiber. “(5) Power solutions.”
Establishment of Secure Next-Generation Wireless Network (5G) Infrastructure for the Nevada Test and Training Range and Base InfrastructurePub. L. 11692, div. A, title II, § 226, Dec. 20, 2019, 133 Stat. 1269, provided that: “(a) Establishment Required.—Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall establish secure fifth-generation wireless network components and capabilities at no fewer than two Department of Defense installations in accordance with this section. “(b) Installations.—“(1) Locations.—The Secretary shall establish components and capabilities under subsection (a) at the following:“(A) The Nevada Test and Training Range, which shall serve as a Major Range and Test Facility Base (MRTFB) for fifth-generation wireless networking. “(B) Such Department installations or other installations as the Secretary considers appropriate for the purpose set forth in paragraph (2). “(2) Purpose.—The purpose of the establishment of components and capabilities under subsection (a) at the locations described in paragraph (1) of this subsection is to demonstrate the following:“(A) The potential military utility of high bandwidth, scalable, and low latency fifth-generation wireless networking technology. “(B) Advanced security technology that is applicable to fifth-generation networks as well as legacy Department command and control networks. “(C) Secure interoperability with fixed and wireless systems (legacy and future systems). “(D) Enhancements such as spectrum and waveform diversity, frequency hopping and spreading, and beam forming for military requirements. “(E) Technology for dynamic network slicing for specific use cases and applications requiring varying levels of latency, scale, and throughput. “(F) Technology for dynamic spectrum sharing and network isolation. “(G) Base infrastructure installation of high bandwidth, scalable, and low latency fifth-generation wireless networking technology. “(H) Applications for secure fifth-generation wireless network capabilities for the Department, such as the following:“(i) Interactive augmented reality or synthetic training environments. “(ii) Internet of things devices. “(iii) Autonomous systems. “(iv) Advanced manufacturing through the following: “(I) Department-sponsored centers for manufacturing innovation (as defined in section 34(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(c))).  “(II) Department research and development organizations.  “(III) Manufacturers in the defense industrial base of the United States.”
Department of Defense Policy on Lead-Based Paint Testing on Military InstallationsPub. L. 11692, div. B, title XXX, § 3054, Dec. 20, 2019, 133 Stat. 1943, provided that: “(a) Access and Testing Policy.—Not later than February 1, 2020, the Secretary of Defense shall establish a policy under which the Secretary of the military department concerned may permit a qualified individual to access a military installation for the purpose of conducting testing for the presence of lead-based paint on the installation. “(b) Transmission of Results.—“(1) Installations inside the united states.—In the case of military installations located inside the United States, the results of any testing for lead-based paint on a military installation shall be transmitted the following:“(A) The civil engineer of the installation. “(B) The housing management office of the installation. “(C) The public health organization on the installation. “(D) The major subordinate command of the Armed Force with jurisdiction over the installation. “(E) If required by law, any relevant Federal, State, and local agencies. “(2) Installations outside the united states.—In the case of military installations located outside the United States, the results of any testing for lead-based paint on a military installation shall be transmitted to the civil engineer or commander of the installation who shall transmit those results to the major subordinate command of the Armed Force with jurisdiction over the installation. “(c) Definitions.—In this section:“(1) The term United States has the meaning given that term in section 101(a)(1) of title 10, United States Code. “(2) The term qualified individual means an individual who is certified by the Environmental Protection Agency or by a State as—“(A) a lead-based paint inspector; or “(B) a lead-based paint risk assessor.”
Prioritization of Environmental Impacts for Facilities Sustainment, Restoration, and Modernization DemolitionPub. L. 115232, div. A, title III, § 359, Aug. 13, 2018, 132 Stat. 1733, provided that: “The Secretary of Defense shall establish prioritization metrics for facilities deemed eligible for demolition within the Facilities Sustainment, Restoration, and Modernization (FSRM) process. Those metrics shall include full spectrum readiness and environmental impacts, including the removal of contamination.”
Increased Percentage of Sustainment Funds Authorized for Realignment to Restoration and Modernization at Each InstallationPub. L. 11591, div. A, title III, § 322, Dec. 12, 2017, 131 Stat. 1353, provided that the Secretary of Defense could authorize an installation commander to realign up to 7.5 percent of an installations sustainment funds to restoration and modernization, and such authority would expire at the close of Sept. 30, 2022.
Disclosure of Beneficial Ownership by Foreign Persons of High Security Space Leased by the Department of DefensePub. L. 11591, div. B, title XXVIII, § 2876, Dec. 12, 2017, 131 Stat. 1871, as amended by Pub. L. 115232, div. A, title X, § 1081(c)(7), Aug. 13, 2018, 132 Stat. 1985, provided that: “(a) Identification of Beneficial Ownership.—Before entering into a lease agreement with a covered entity for accommodation of a military department or Defense Agency in a building (or other improvement) that will be used for high-security leased space, the Department of Defense shall require the covered entity to—“(1) identify each beneficial owner of the covered entity by—“(A) name; “(B) current residential or business street address; and “(C) in the case of a United States person, a unique identifying number from a nonexpired passport issued by the United States or a nonexpired drivers license issued by a State; and “(2) disclose to the Department of Defense any beneficial owner of the covered entity that is a foreign person. “(b) Required Disclosure.—“(1) Initial disclosure.—The Secretary of Defense shall require a covered entity to provide the information required under subsection (a), when first submitting a proposal in response to a solicitation for offers issued by the Department. “(2) Updates.—The Secretary of Defense shall require a covered entity to update a submission of information required under subsection (a) not later than 60 days after the date of any change in—“(A) the list of beneficial owners of the covered entity; or “(B) the information required to be provided relating to each such beneficial owner. “(c) Precautions.—If a covered entity discloses a foreign person as a beneficial owner of a building (or other improvement) from which the Department of Defense is leasing high-security leased space, the Department of Defense shall notify the tenant of the space to take appropriate security precautions. “(d) Definitions.—In this section:“(1) Beneficial owner.—“(A) In general.—The term beneficial owner’—“(i) means, with respect to a covered entity, each natural person who, directly or indirectly—  “(I) exercises control over the covered entity through ownership interests, voting rights, agreements, or otherwise; or  “(II) has an interest in or receives substantial economic benefits from the assets of the covered entity; and “(ii) does not include, with respect to a covered entity—  “(I) a minor child;  “(II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;  “(III) a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person;  “(IV) a person whose only interest in the covered entity is through a right of inheritance, unless the person otherwise meets the definition of beneficial owner under this paragraph; and  “(V) a creditor of the covered entity, unless the creditor otherwise meets the requirements of beneficial owner described above. “(B) Anti-abuse rule.—The exceptions under subparagraph (A)(ii) shall not apply if used for the purpose of evading, circumventing, or abusing the requirements of this section. “(2) Covered entity.—The term covered entity means a person, copartnership, corporation, or other public or private entity. “(3) Foreign person.—The term foreign person means an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States. “(4) High-security leased space.—The term high-security leased space means a space leased by the Department of Defense that has a security level of III, IV, or V, as determined in accordance with the Interagency Security Committee Risk Management Process. “(5) United states person.—The term United States person means a natural person who is a citizen of the United States or who owes permanent allegiance to the United States.” [Pub. L. 115232, div. A, title X, § 1081(c), Aug. 13, 2018, 132 Stat. 1985, provided that the amendment made by section 1081(c)(7) to section 2876 of Pub. L. 11591, set out above, is effective as of Dec. 12, 2017, and as if included in Pub. L. 11591 as enacted.]
Pilot Program to Provide Additional Tools for Efficient Operation of Military InstallationsPub. L. 107107, div. B, title XXVIII, § 2813, Dec. 28, 2001, 115 Stat. 1308, authorized the Secretary of Defense, until Dec. 31, 2005, to carry out a pilot program, known as the “Pilot Efficient Facilities Initiative”, for purposes of determining the potential for increasing the efficiency and effectiveness of the operation of military installations.
Study of Establishment of Land Management and Training CenterPub. L. 103337, div. A, title III, § 329, Oct. 5, 1994, 108 Stat. 2715, directed Secretary of the Army to submit to Congress not later than May 1, 1996, a study and report on feasibility and advisability of establishing a center for land management activities and land management training activities of Department of Defense.
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---
type: "LegalText"
title: "10 U.S.C. § 2661a"
description: "Repealed. Pub. L. 97295, § 1(31)(A), Oct. 12, 1982, 96 Stat. 1296]"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 10
title_name: "ARMED FORCES"
chapter_number: "159"
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# 10 U.S.C. § 2661a - Repealed. Pub. L. 97295, § 1(31)(A), Oct. 12, 1982, 96 Stat. 1296]
## Notes
Section, added Pub. L. 97258, § 2(b)(6)(B), Sept. 13, 1982, 96 Stat. 1054, authorized appropriations for advance design of military public works not otherwise authorized and for construction management of foreign government funded projects used primarily by United States armed forces, and required preliminary reports to Congress on military public works whose projected advance costs exceeded a specified level.
The repeal of this section by Pub. L. 97295 reflected the effect of section 7(2) and (8) of the Military Construction Codification Act (Pub. L. 97214, July 12, 1982, 96 Stat. 173), which repealed the source statutes of this section (subsec. (a) was based on acts Sept. 28, 1951, ch. 434, § 504, 65 Stat. 364; July 15, 1955, ch. 368, § 512, 69 Stat. 352; Dec. 23, 1981, Pub. L. 9799, § 902, 95 Stat. 1381 (31 U.S.C. 723); and subsec. (b) was based on acts Sept. 12, 1966, Pub. L. 89568, § 612, 80 Stat. 756; Dec. 27, 1974, Pub. L. 93552, § 607, 88 Stat. 1763 (31 U.S.C. 723a)) subsequent to Apr. 15, 1982, the cut-off date prescribed by section 4(a) of Pub. L. 97258, section 2(b)(6)(B) of which enacted this section.
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# 10 U.S.C. § 2663 - Land acquisition authorities
## Text
(a) Acquisition of Land by Condemnation for Certain Military Purposes.— (1) Subject to subsection (f), the Secretary of a military department may have proceedings brought in the name of the United States, in a court of proper jurisdiction, to acquire by condemnation any interest in land, including temporary use, needed for—
(A) the site, construction, or operation of fortifications, coast defenses, or military training camps;
(B) the construction and operation of plants for the production of nitrate and other compounds, and the manufacture of explosives or other munitions of war; or
(C) the development and transmission of power for the operation of plants under subparagraph (B).
(2) In time of war or when war is imminent, the United States may, immediately upon the filing of a petition for condemnation under paragraph (1), take and use the land to the extent of the interest sought to be acquired.
(b) Acquisition by Purchase in Lieu of Condemnation.— The Secretary of the military department concerned may contract for or buy any interest in land, including temporary use, needed for any purpose named in subsection (a), as soon as the owner fixes a price for it and the Secretary considers that price to be reasonable.
(c) Acquisition of Low-Cost Interests in Land.— (1) The Secretary of a military department may acquire any interest in land that—
(A) the Secretary determines is needed in the interest of national defense; and
(B) does not cost more than $4,000,000, exclusive of administrative costs and the amounts of any deficiency judgments.
(2) The Secretary of a military department may acquire any interest in land that—
(A) the Secretary determines is needed solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening; and
(B) does not cost more than $1,500,000, exclusive of administrative costs and the amounts of any deficiency judgments.
(3) This subsection does not apply to the acquisition, as a part of the same project, of more than one parcel of land unless the parcels are noncontiguous, or, if contiguous, unless the total cost is not more than $750,000, in the case of an acquisition under paragraph (1), or $1,500,000, in the case of an acquisition under paragraph (2).
(4) Appropriations available to the Department of Defense for operation and maintenance or construction may be used for the acquisition of land or interests in land under this subsection.
(d) Acquisition of Interests in Land When Need Is Urgent.— (1) The Secretary of a military department may acquire any interest in land in any case in which the Secretary determines that—
(A) the acquisition is needed in the interest of national defense;
(B) the acquisition is required to maintain the operational integrity of a military installation; and
(C) considerations of urgency do not permit the delay necessary to include the required acquisition in an annual Military Construction Authorization Act.
(2) Not later than 10 days after the date on which the Secretary of a military department determines to acquire an interest in land under the authority of this subsection, the Secretary shall submit, in an electronic medium pursuant to section 480 of this title, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a notice containing a description of the property and interest to be acquired and the reasons for the acquisition.
(3) Appropriations available for military construction may be used for the purposes of this subsection.
(e) Survey Authority; Acquisition Methods.— Authority provided the Secretary of a military department by law to acquire an interest in real property (including a temporary interest) includes authority—
(1) to make surveys; and
(2) to acquire the interest in real property by gift, purchase, exchange of real property owned by the United States, or otherwise.
(f) Advance Notice of Use of Condemnation.— (1) Before commencing any legal proceeding to acquire any interest in land under subsection (a), including acquisition for temporary use, by condemnation, eminent domain, or seizure, the Secretary of the military department concerned shall—
(A) pursue, to the maximum extent practicable, all other available options for the acquisition or use of the land, such as the purchase of an easement or the execution of a land exchange; and
(B) submit to the congressional defense committees a report containing—
(i) a description of the land to be acquired;
(ii) a certification that negotiations with the owner or owners of the land occurred, and that the Secretary tendered consideration in an amount equal to the fair market value of the land, as determined by the Secretary; and
(iii) an explanation of the other approaches considered for acquiring use of the land, the reasons for the acquisition of the land, and the reasons why alternative acquisition strategies are inadequate.
(2) The Secretary concerned may have proceedings brought in the name of the United States to acquire the land after the end of the 21-day period beginning on the date on which the report is received by the committees in an electronic medium pursuant to section 480 of this title.
(g) Exception to Advance Notice Requirement.— If the Secretary of a military department determines that the use of condemnation, eminent domain, or seizure to acquire an interest in land is required under subsection (a) to satisfy a requirement vital to national security, and that any delay would be detrimental to national security or the protection of health, safety, or the environment, the Secretary may have proceedings brought in the name of the United States to acquire the land in advance of submitting the report required by subsection (f)(1)(B). However, the Secretary shall submit the report not later than seven days after commencement of the legal proceedings with respect to the land.
(h) Land Acquisition Options in Advance of Military Construction Projects.— (1) The Secretary of a military department may acquire an option on a parcel of real property before or after its acquisition is authorized by law, if the Secretary considers it suitable and likely to be needed for a military project of the military department under the jurisdiction of the Secretary.
(2) As consideration for an option acquired under paragraph (1), the Secretary may pay, from funds available to the military department under the jurisdiction of the Secretary for real property activities, an amount that is not more than 12 percent of the appraised fair market value of the property.
(Aug. 10, 1956, ch. 1041, 70A Stat. 147; Pub. L. 85861, § 33(a)(14), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 109163, div. B, title XXVIII, § 2821(a), Jan. 6, 2006, 119 Stat. 3511; Pub. L. 109364, div. B, title XXVIII, § 2821(b), Oct. 17, 2006, 120 Stat. 2474; Pub. L. 110181, div. B, title XXVIII, § 2822(a), Jan. 28, 2008, 122 Stat. 544; Pub. L. 111383, div. A, title X, § 1075(g)(6), Jan. 7, 2011, 124 Stat. 4377; Pub. L. 11591, div. B, title XXVIII, § 2811(b), (c), Dec. 12, 2017, 131 Stat. 1848; Pub. L. 118159, div. B, title XXVIII, § 2804(b), Dec. 23, 2024, 138 Stat. 2248.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 2663(a)2663(b)2663(c)50:171 (less provisos).50:171 (last proviso).50:171 (1st proviso).July 2, 1917, ch. 35; restated Apr. 11, 1918, ch. 51, 40 Stat. 518. 2663(d)50:171 (2d proviso).[50:171 is made applicable to the Navy by 50:1711 (less 16th through 21st words)].Oct. 25, 1951, ch. 563, § 101 (less 22d through 43d words), 65 Stat. 641. In subsection (a), the words “brought * * * in a court of proper jurisdiction” are substituted for the words “instituted * * * in any court having jurisdiction of such proceedings”. The words “any interest in land, including temporary use” are substituted for the words “any land, temporary use thereof or other interest therein, or right pertaining thereto”. The words “relating to suits for the condemnation of property” are omitted as surplusage. The last sentence is substituted for 50:171 (words between semicolon and first proviso). The Act of July 2, 1917, ch. 35, as restated by the Act of April 11, 1918, ch. 51 (last 77 words), are not contained in 50:171. They are also omitted from the revised section as executed. In subsection (a)(1), the word “location” is omitted as surplusage. The words “operation of” are substituted for the words “prosecution of works for”. In subsection (b), the words “That when such property is acquired” are omitted as surplusage. The words “under subsection (a)” are substituted for the words “of any land, temporary use thereof or other use therein or right pertaining thereto to be acquired for any of the purposes aforesaid”. The words “take and use” are substituted for the words “possession thereof may be taken * * * and used for military purposes”. In subsection (c), the words “as soon as the owner fixes a price for it” are substituted for the words “That when the owner of such land, interest, or rights pertaining thereto shall fix a price for the same”. The word “considers” is substituted for the words “which in the opinion”. The words “contract for or buy” are substituted for the words “purchase or enter into a contract”. The words “without further delay” are omitted as surplusage. In subsection (d), the words “a gift of any interest in land * * * for any purpose named in subsection (a)” are substituted for 50:171 (last 15 words of 2d proviso).
1958 ActThe deletion of the last sentence of section 2663(a) and the last sentence of section 2664(a) reflects their implied repeal by Rule 71A of the Rules of Civil Procedure for the United States District Courts (see 28 U.S.C. 2072). (See letter from Assistant Attorney General (Lands Division), Department of Justice, August 1957, to General Counsel, Department of Defense.) The other changes conform section 2664 to section 2663, both of which were based on the same source statute (sec. 8 of the Act of July 9, 1918, ch. 143, subch. XV, 40 Stat. 888) and both of which include the temporary use of the kinds of property respectively covered.
Editorial Notes
Codification The text of section 2672, part of which was transferred to this section, redesignated subsec. (c), and amended by Pub. L. 109163, div. B, title XXVIII, § 2821(a)(2)(5), was based on Pub. L. 85861, § 1(51), Sept. 2, 1958, 72 Stat. 1459; amended Pub. L. 87651, title I, § 112(a), Sept. 7, 1962, 76 Stat. 511; Pub. L. 92145, title VII, § 707(2), (3), Oct. 27, 1971, 85 Stat. 411; Pub. L. 96418, title VIII, § 806(a), Oct. 10, 1980, 94 Stat. 1777; Pub. L. 99167, title VIII, § 810(a), (b)(1), Dec. 3, 1985, 99 Stat. 989, 990; Pub. L. 99661, div. A, title XIII, § 1343(a)(16), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100456, div. B, title XXVIII, § 2804, Sept. 29, 1988, 102 Stat. 2115; Pub. L. 10585, div. B, title XXVIII, § 2811(a), (b)(1), Nov. 18, 1997, 111 Stat. 1991; Pub. L. 108136, div. B, title XXVIII, § 2811(a)(b)(2), Nov. 24, 2003, 117 Stat. 1724, 1725; Pub. L. 108375, div. B, title XXVIII, § 2821(d)(1), Oct. 28, 2004, 118 Stat. 2130. The text of section 2672a of this title, which was transferred to this section, redesignated subsec. (d), and amended by Pub. L. 109163, div. B, title XXVIII, § 2821(a)(6)(9), was based on Pub. L. 94107, title VI, § 607(8), Oct. 7, 1975, 89 Stat. 566; amended Pub. L. 98525, title XIV, § 1405(39), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 104106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 10665, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108136, div. A, title X, § 1031(a)(29), Nov. 24, 2003, 117 Stat. 1599; Pub. L. 108375, div. A, title X, § 1084(d)(23), Oct. 28, 2004, 118 Stat. 2062. The text of section 2676(b) of this title, which was transferred to this section, redesignated subsec. (e), and amended by Pub. L. 109163, div. B, title XXVIII, § 2821(a)(10), (11), was based on Pub. L. 85861, § 1(51), Sept. 2, 1958, 72 Stat. 1460; amended Pub. L. 97214, § 5, July 12, 1982, 96 Stat. 170.
Amendments2024—Subsec. (c)(1)(B). Pub. L. 118159 directed substitution of “$4,000,000” for the dollar amount in subsec. (c)(1), which was executed by making the substitution for “$750,000” in subsec. (c)(1)(B). 2017—Subsec. (d)(2). Pub. L. 11591, § 2811(b), inserted “, in an electronic medium pursuant to section 480 of this title,” after “submit” and substituted “a notice” for “written notice”. Subsec. (f)(2). Pub. L. 11591, § 2811(c), struck out “or, if over sooner, the end of the 14-day period beginning on the date on which a copy of the report is provided” after “received by the committees”. 2011—Subsec. (a)(1). Pub. L. 111383 made technical amendment to directory language of Pub. L. 109364, § 2821(b)(1). See 2006 Amendment note below. 2008—Subsec. (h). Pub. L. 110181 added subsec. (h). 2006—Pub. L. 109163, § 2821(a)(1)(A), substituted “Land acquisition authorities” for “Acquisition” in section catchline. Subsec. (a). Pub. L. 109163, § 2821(a)(1)(B), (C), inserted “Acquisition of Land by Condemnation for Certain Military Purposes.—(1)” before “The Secretary” in introductory provisions, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), in subpar. (C), substituted “subparagraph (B)” for “clause (2)”, redesignated subsec. (b) as par. (2) and substituted “paragraph (1)” for “subsection (a)”. Subsec. (a)(1). Pub. L. 109364, § 2821(b)(1), as amended by Pub. L. 111383, substituted “Subject to subsection (f), the Secretary” for “The Secretary” in introductory provisions. Subsec. (b). Pub. L. 109163, § 2821(a)(1)(D), redesignated subsec. (c) as (b) and inserted heading. Pub. L. 109163, § 2821(a)(1)(C), redesignated subsec. (b) as subsec. (a)(2). Subsec. (c). Pub. L. 109163, § 2821(a)(2)(5), redesignated pars. (1) and (2) of subsec. (a) and subsecs. (b) and (d) of section 2672 of this title as pars. (1), (2), (3), and (4), respectively, of subsec. (c) of this section, inserted subsec. heading, in par. (3), substituted “This subsection” for “This section”, “paragraph (1)” for “subsection (a)(1)”, and “paragraph (2)” for “subsection (a)(2)”, in par. (4), substituted “this subsection” for “this section”, and struck out headings for former subsecs. (a), (b), and (d) of section 2672. Pub. L. 109163, § 2821(a)(1)(D), redesignated subsec. (c) as (b). Subsec. (d). Pub. L. 109163, § 2821(a)(6)(9), redesignated subsecs. (a), (c), and (b) of section 2672a of this title as pars. (1), (2), and (3), respectively, of subsec. (d) of this section, inserted subsec. heading, in par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, in par. (2), substituted “this subsection” for “this section”, and in par. (3), substituted “this subsection” for “this section” in first sentence and struck out second sentence which read as follows: “The authority to acquire an interest in land under this section includes authority to make surveys and acquire interests in land (including temporary use), by gift, purchase, exchange of land owned by the United States, or otherwise.” Pub. L. 109163, § 2821(a)(1)(E), struck out subsec. (d) which read as follows: “The Secretary of the military department concerned may accept for the United States a gift of any interest in land, including temporary use, for any purpose named in subsection (a).” Subsec. (e). Pub. L. 109163, § 2821(a)(10), (11), redesignated subsec. (b) of section 2676 of this title as subsec. (e) of this section and inserted heading. Subsecs. (f), (g). Pub. L. 109364, § 2821(b)(2), added subsecs. (f) and (g). 1958—Subsec. (a). Pub. L. 85861 struck out provisions requiring proceedings under this subsection to be in accordance with the law of the State in which the suit is brought.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentPub. L. 111383, div. A, title X, § 1075(g), Jan. 7, 2011, 124 Stat. 4376, provided that amendment by section 1075(g)(6) is effective as of Oct. 17, 2006, and as if included in Pub. L. 109364 as enacted.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85861, set out as a note under section 101 of this title.
Sense of CongressPub. L. 109364, div. B, title XXVIII, § 2821(a), Oct. 17, 2006, 120 Stat. 2473, provided that: “It is the sense of Congress that the Secretary of Defense, when acquiring land for military purposes, should— “(1) make every effort to acquire the land by means of purchases from willing sellers; and “(2) employ condemnation, eminent domain, or seizure procedures only as a measure of last resort in cases of compelling national security requirements or at the request of the seller.”
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# 10 U.S.C. § 2664 - Limitations on real property acquisition
## Text
(a) Authorization for Acquisition Required.— No military department may acquire real property not owned by the United States unless the acquisition is expressly authorized by law. The foregoing limitation shall not apply to the acceptance by a military department of real property acquired under the authority of the Administrator of General Services to acquire property by the exchange of Government property pursuant to subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(b) Commissions on Land Purchase Contracts.— The maximum amount payable as a commission on a contract for the purchase of land from funds appropriated for the Department of Defense is two percent of the purchase price.
(c) Cost Limitations.— (1) Except as provided in paragraph (2), the cost authorized for a land acquisition project may be increased by not more than 25 percent of the amount appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (A) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (B) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress.
(2) Until subsection (d) is complied with, a land acquisition project may not be placed under contract if, based upon the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land—
(A) the scope of the acquisition, as approved by Congress, is proposed to be reduced by more than 25 percent; or
(B) the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land, exceeds the amount appropriated for the project by more than (i) 25 percent, or (ii) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser.
(d) Congressional Notification.— The limitations on reduction in scope or increase in cost of a land acquisition in subsection (c) do not apply if the reduction in scope or the increase in cost, as the case may be, is approved by the Secretary concerned and a notification of the facts relating to the proposed reduced scope or increased cost (including a statement of the reasons therefor) is submitted by the Secretary concerned to the congressional defense committees. A contract for the acquisition may then be awarded only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to section 480 of this title.
(e) Payment of Judgements and Settlements.— The Secretary concerned shall promptly pay any deficiency judgment against the United States awarded by a court in an action for condemnation of any interest in land or resulting from a final settlement of an action for condemnation of any interest in land. Payments under this subsection may be made from funds available to the Secretary concerned for military construction projects and without regard to the limitations of subsections (c) and (d).
(Added Pub. L. 85861, § 1(51), Sept. 2, 1958, 72 Stat. 1460, § 2676; amended Pub. L. 93166, title VI, § 608(2), Nov. 29, 1973, 87 Stat. 682; Pub. L. 97214, § 5, July 12, 1982, 96 Stat. 170; Pub. L. 98407, title VIII, § 802, Aug. 28, 1984, 98 Stat. 1519; Pub. L. 99661, div. A, title XIII, § 1343(a)(17)(A), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 102190, div. B, title XXVIII, § 2870(1), Dec. 5, 1991, 105 Stat. 1562; Pub. L. 107217, § 3(b)(14), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 107314, div. A, title X, § 1062(a)(11), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108136, div. A, title X, § 1031(a)(30), Nov. 24, 2003, 117 Stat. 1600; Pub. L. 108375, div. A, title X, § 1084(b)(4), Oct. 28, 2004, 118 Stat. 2061; renumbered § 2664 and amended Pub. L. 109163, div. B, title XXVIII, § 2821(a)(10), (b)(d), Jan. 6, 2006, 119 Stat. 3512; Pub. L. 111350, § 5(b)(45), Jan. 4, 2011, 124 Stat. 3846; Pub. L. 11591, div. B, title XXVIII, § 2811(d), Dec. 12, 2017, 131 Stat. 1848.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 2676[Uncodified].July 27, 1954, ch. 579, § 501(b) (less provisos), 68 Stat. 560. The word “property” is substituted for the word “estate”. The words “not owned by the United States” are substituted for the words “not in Federal ownership”. The words “or shall be” are omitted as surplusage.
Editorial Notes
Codification The text of section 2661(c) of this title, which was transferred to this section and redesignated subsec. (b) by Pub. L. 109163, § 2821(d), was based on Pub. L. 108375, div. B, title XXVIII, § 2821(a)(1), Oct. 28, 2004, 118 Stat. 2129.
Prior ProvisionsA prior section 2664, acts Aug. 10, 1956, ch. 1041, 70A Stat. 148; Pub. L. 85861, § 33(a)(15), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 96513, title V, § 511(90), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 9731, § 12(3)(A), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97295, § 1(32), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 10026, § 7(d)(6), Apr. 21, 1987, 101 Stat. 281, related to acquisition of property for lumber production, prior to repeal by Pub. L. 108375, div. B, title XXVIII, § 2821(b), Oct. 28, 2004, 118 Stat. 2129.
Amendments2017—Subsec. (d). Pub. L. 11591 struck out “written” before “notification of the facts” and “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided” before “in an electronic medium” and substituted “the end of the 14-day period beginning on” for “a period of 21 days elapses from”. 2011—Subsec. (a). Pub. L. 111350, which directed substitution “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251 et seq.)”, was executed by making the substitution for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” to reflect the probable intent of Congress. 2006—Pub. L. 109163, § 2821(c), renumbered section 2676 of this title as this section and substituted “Limitations on real property acquisition” for “Acquisition: limitation” in section catchline. Subsec. (a). Pub. L. 109163, § 2821(b)(1), inserted heading and struck out “, as amended” after “Federal Property and Administrative Services Act of 1949” in text. Subsec. (b). Pub. L. 109163, § 2821(d), redesignated subsec. (c) of section 2661 of this title as subsec. (b) of this section. Pub. L. 109163, § 2821(a)(10), transferred subsec. (b) to section 2663 of this title. Subsec. (c). Pub. L. 109163, § 2821(b)(2)(A), inserted heading. Subsec. (c)(2). Pub. L. 109163, § 2821(b)(2)(B), substituted “Until subsection (d) is complied with, a land” for “A land” in introductory provisions and “lesser.” for “lesser,” in subpar. (B) and struck out concluding provisions which read “until subsection (d) is complied with.” Subsec. (d). Pub. L. 109163, § 2821(b)(3), inserted heading. Subsec. (e). Pub. L. 109163, § 2821(b)(4), inserted heading. 2004—Subsec. (d). Pub. L. 108375 substituted “congressional defense committees” for “appropriate committees of Congress”. 2003—Subsec. (d). Pub. L. 108136 inserted before period at end “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided in an electronic medium pursuant to section 480 of this title”. 2002—Subsec. (a). Pub. L. 107314 inserted opening parenthesis before “41 U.S.C.”. Pub. L. 107217 inserted “subtitle I of title 40 and title III of” before “the Federal Property and Administrative Services Act of 1949” and substituted “41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”. 1991—Subsec. (d). Pub. L. 102190 struck out “(1)” after “be awarded only” and “, or (2) upon the approval of those committees, if before the end of that period each such committee approves the proposed reduced scope or increased cost” before period at end. 1986—Subsec. (c)(2)(B). Pub. L. 99661 amended generally language of subpar. (B) before “exceeds the amount”. See 1984 Amendment note below. 1984—Subsec. (c)(2). Pub. L. 98407, § 802(1), inserted “or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land” in provisions preceding subpar. (A). Subsec. (c)(2)(B). Pub. L. 98407, § 802(2), inserted “or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land,”. Insertion of new language following “the agreed price for the land” was executed to text notwithstanding directory language of Pub. L. 98407 that made a reference to a nonexistent comma following “the agreed price for the land”. See 1986 Amendment note above. Subsec. (e). Pub. L. 98407, § 802(3), added subsec. (e). 1982—Pub. L. 97214 designated existing provisions as subsec. (a) and added subsecs. (b) to (d). 1973—Pub. L. 93166 made limitation inapplicable to property acquired under authority of Administrator of General Services to acquire property by exchange of Government property.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentPub. L. 99661, div. A, title XIII, § 1343(a)(17)(B), Nov. 14, 1986, 100 Stat. 3993, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 802(2) of the Military Construction Authorization Act, 1985 (Public Law 98407; 98 Stat. 1519) [amending this section].”
Effective Date of 1982 AmendmentAmendment by Pub. L. 97214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97214, set out as an Effective Date note under section 2801 of this title.
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# 10 U.S.C. § 2665 - Sale of certain interests in land; logs
## Text
(a) The President, through an executive department, may sell to any person or foreign government any interest in land that is acquired for the production of lumber or timber products, except land under the control of the Department of the Army or the Department of the Air Force.
(b) The President, through an executive department, may sell to any person or foreign government any forest products produced on land owned or leased by a military department or the Department in which the Coast Guard is operating.
(c) Sales under subsection (a) or (b) shall be at prices determined by the President acting through the selling agency.
(d) Appropriations of the Department of Defense may be reimbursed for all costs of production of forest products pursuant to this section from amounts received as proceeds from the sale of any such property.
(e) (1) Each State in which is located a military installation or facility from which forest products are sold in a fiscal year is entitled at the end of such year to an amount equal to 40 percent of (A) the amount received by the United States during such year as proceeds from the sale of forest products produced on such installation or facility, less (B) the amount of reimbursement of appropriations of the Department of Defense under subsection (d) during such year attributable to such installation or facility.
(2) The amount paid to a State pursuant to paragraph (1) shall be expended as the State legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which the military installation or facility is situated.
(3) In a case in which a military installation or facility is located in more than one State or county, the amount paid pursuant to paragraph (1) shall be distributed in a manner proportional to the area of such installation or facility in each State or county.
(f) (1) There is in the Treasury a reserve account administered by the Secretary of Defense for the purposes of this section. Balances in the account may be used for costs of the military departments—
(A) for improvements of forest lands;
(B) for unanticipated contingencies in the administration of forest lands and the production of forest products for which other sources of funds are not available in a timely manner; and
(C) for natural resources management that implements approved plans and agreements.
(2) There shall be deposited into the reserve account the total amount received by the United States as proceeds from the sale of forest products sold under subsections (a) and (b) less—
(A) reimbursements of appropriations made under subsection (d), and
(B) payments made to States under subsection (e).
(3) The reserve account may not exceed $4,000,000 on December 31 of any calendar year. Unobligated balances exceeding $4,000,000 on that date shall be deposited into the United States Treasury.
(Aug. 10, 1956, ch. 1041, 70A Stat. 149; Pub. L. 9582, title VI, § 610, Aug. 1, 1977, 91 Stat. 378; Pub. L. 96513, title V, § 511(91), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 9731, § 12(3)(B), Aug. 6, 1981, 95 Stat. 153; Pub. L. 9799, title IX, § 910(a), Dec. 23, 1981, 95 Stat. 1386; Pub. L. 97295, § 1(33), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 98407, title VIII, § 809(a), Aug. 28, 1984, 98 Stat. 1522; Pub. L. 99561, § 4, Oct. 27, 1986, 100 Stat. 3151; Pub. L. 107296, title XVII, § 1704(b)(4), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109163, div. A, title X, § 1056(c)(6), Jan. 6, 2006, 119 Stat. 3439.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 2665(a)50:172 (last par., less 36th through 64th, and 73d through 109th, words).July 9, 1918, ch. 143, subch. XV, § 8 (last par.), 40 Stat. 888. 2665(b)50:172 (36th through 64th words of last par.). 2665(c)50:172 (73d through 90th words of last par.). 2665(d)50:172 (91st through 109th words of last par.). In subsection (a), the words “an executive department or the Federal Maritime Board” are substituted for the words “any department or the United States Maritime Commission” to reflect an opinion of the Judge Advocate General of the Army (JAGA 1954/1723) and to name the successor of the United States Maritime Commission. The last 18 words are inserted to reflect that opinion (see the Act of February 20, 1931 (10 U.S.C. 1354)). The words “and dispose of” are omitted as surplusage. In subsection (b), the words “an executive department or the Federal Maritime Board” are inserted for clarity and to name the successor of the United States Maritime Commission. In subsections (a) and (b), the word “person” is substituted for the words “individuals, corporations,” since section 1 of title 1 defines the word “person” to cover both individuals and corporations. The words “States or” are omitted as surplusage. In subsection (c), the words “the selling agency” are substituted for the words “his above representatives selling or disposing of the same”.
1982 ActThis corrects an error in an amendment to 10:2665 made by section 12(3)(B) of the Maritime Act of 1981 (Pub. L. 9731, Aug. 6, 1981, 95 Stat. 153).
Amendments2006—Subsec. (a). Pub. L. 109163 struck out “under section 2664 of this title” after “land that is acquired”. 2002—Subsec. (b). Pub. L. 107296 substituted “Department in which the Coast Guard is operating” for “Department of Transportation”. 1986—Subsec. (d). Pub. L. 99561, § 4(1), struck out “available for operation and maintenance during a fiscal year” after “Defense”, substituted “costs” for “expenses”, and struck out “during such fiscal year” after “such property”. Subsec. (e)(1). Pub. L. 99561, § 4(2), struck out “for all expenses of production of forest products” after “subsection (d)”. Subsec. (f)(1). Pub. L. 99561, § 4(3)(A), (B), substituted “costs” for “expenses” in provisions preceding subpar. (A) and amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “for expenses to enable operations of forest lands and the production of forest products to continue from the end of one fiscal year through the beginning of the next fiscal year without disruption.” Subsec. (f)(2), (3). Pub. L. 99561, § 4(3)(C), amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows: “(2) Subject to paragraph (3), there shall be deposited into the reserve account not later than December 31 of each year, for credit to the preceding fiscal year, an amount equal to one-half of the amount (if any) remaining of the total amount received by the United States during that fiscal year as proceeds from the sale of forest products after (A) the reimbursement of appropriations of the Department of Defense under subsection (d) for expenses of production of forest products during that fiscal year, and (B) the payment to States under subsection (e) for that fiscal year. “(3) The balance in the reserve account may not exceed $4,000,000. If a deposit under paragraph (2) would cause the balance in the account to exceed that amount, the deposit shall be made only to the extent the amount of the deposit would not cause the balance in the account to exceed $4,000,000.” 1984—Subsec. (b). Pub. L. 98407, § 809(a)(1), substituted “forest products produced on land owned or leased by a military department or the” for “logs wholly or partly manufactured by, or otherwise procured for, the Army, Navy, or Air Force, or”. Subsec. (d). Pub. L. 98407, § 809(a)(2), substituted “forest products” for “lumber and timber products”. Subsec. (e)(1). Pub. L. 98407, § 809(a)(3), substituted “forest products” for “timber and timber products” in two places and “40 percent” for “25 percent”. Subsec. (f). Pub. L. 98407, § 809(a)(4), added subsec. (f). 1982—Subsecs. (a), (b). Pub. L. 97295 substituted “executive department, may sell” for “executive department” and all that followed through “may sell” in subsecs. (a) and (b), and substituted “Air Force, or Department of Transportation.” for “Air Force” and all that followed in subsec. (b), clarifying the ambiguity created by the conflicting language of Pub. L. 96513 and Pub. L. 9731. 1981—Subsecs. (a), (b). Pub. L. 9731 struck out reference to Federal Maritime Commission in subsec. (a), and substituted “or Department of Transportation” for “or Federal Maritime Commission” and struck out “or the Federal Maritime Commission” after “department” in subsec. (b). Amendment was executed to text in accordance with the probable intent of Congress, notwithstanding amendment of section by Pub. L. 96513 which substituted different language than language contained in amendatory provisions of Pub. L. 9731. Subsec. (e). Pub. L. 9799 added subsec. (e). 1980—Subsecs. (a), (b). Pub. L. 96513 substituted “Federal Maritime Commission” for “Federal Maritime Board”. 1977—Subsec. (d). Pub. L. 9582 substituted provisions relating to reimbursement of production expenses during any fiscal year from proceeds from sales for property during such fiscal year, for provisions requiring proceeds from sales under subsecs. (a) or (b) of this section to be credited to the appropriations under which the property concerned was procured.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of this title.
Effective Date of 1984 AmendmentPub. L. 98407, title VIII, § 809(b), Aug. 28, 1984, 98 Stat. 1523, provided that: “(b)(1) Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall take effect on October 1, 1984. “(2) The amendment made by subsection (a)(2)(B) [probably should be (a)(3)(B), which amended subsec. (e)(1) of this section] shall apply with respect to payments to States for fiscal years beginning after September 30, 1984.”
Effective Date of 1981 AmendmentPub. L. 9799, title IX, § 910(b), Dec. 23, 1981, 95 Stat. 1386, provided that: “Subsection (e) of section 2665 of title 10, United States Code, as added by subsection (a), shall apply with respect to timber and timber products sold after September 30, 1981.”
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96513, set out as a note under section 101 of this title.
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 10 U.S.C. § 2666 - Repealed. Pub. L. 108375, div. B, title XXVIII, § 2821(a)(2), Oct. 28, 2004, 118 Stat. 2129]
## Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 149, related to limitation on commission on a contract for the purchase of land payable from funds appropriated for the Department of Defense.
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# 10 U.S.C. § 2667a - Repealed. Pub. L. 110417, div. B, title XXVIII, § 2812(e)(1), Oct. 14, 2008, 122 Stat. 4727]
## Notes
Section, added Pub. L. 10585, div. A, title X, § 1062(a), Nov. 18, 1997, 111 Stat. 1891; amended Pub. L. 107217, § 3(b)(13), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 108136, div. A, title X, § 1031(a)(28), Nov. 24, 2003, 117 Stat. 1599, related to leases of non-excess property of Defense agencies.
Editorial Notes
Prior ProvisionsA prior section 2667a, added Pub. L. 98115, title VIII, § 807(a)(1), Oct. 11, 1983, 97 Stat. 786, provided for sale and replacement of nonexcess real property, prior to repeal by Pub. L. 98115, title VIII, § 807(c), Oct. 11, 1983, 97 Stat. 789, as amended by Pub. L. 99167, title VIII, § 806(a), Dec. 3, 1985, 99 Stat. 988, effective Oct. 1, 1986.
Statutory Notes and Related Subsidiaries
Savings ProvisionPub. L. 110417, div. B, title XXVIII, § 2812(e)(2), (3), Oct. 14, 2008, 122 Stat. 4727, provided that: “(2) Effect on existing contracts.—The repeal of section 2667a of title 10, United States Code, shall not affect the validity or terms of any lease with respect to property of a Defense Agency entered into by the Secretary of Defense under such section before the date of the enactment of this Act [Oct. 14, 2008]. “(3) Treatment of money rents.—Amounts in any special account established for a Defense Agency pursuant to subsection (d) of section 2667a of title 10, United States Code, before repeal of such section by paragraph (1), and amounts that would be deposited in such an account in connection with a lease referred to in paragraph (2), shall—“(A) remain available until expended for the purposes specified in such subsection, notwithstanding the repeal of such section by paragraph (1); or “(B) to the extent provided in appropriations Acts, be transferred to the special account required for the Secretary of Defense by subsection (e) of section 2667 of such title, as amended by subsection (d)(2) of this section.”
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# 10 U.S.C. § 2668 - Easements for rights-of-way
## Text
(a) Authorized Types of Easements.— If the Secretary of a military department finds that it will not be against the public interest, the Secretary may grant, upon such terms as the Secretary considers advisable, easements for rights-of-way over, in, and upon public lands permanently withdrawn or reserved for the use of that department, and other lands under the Secretarys control for—
(1) railroad tracks;
(2) gas, water, sewer, and oil pipe lines;
(3) substations for electric power transmission lines and pumping stations for gas, water, sewer, and oil pipe lines;
(4) canals;
(5) ditches;
(6) flumes;
(7) tunnels;
(8) dams and reservoirs in connection with fish and wildlife programs, fish hatcheries, and other improvements relating to fish-culture;
(9) roads and streets;
(10) poles and lines for the transmission or distribution of electric power;
(11) poles and lines for the transmission or distribution of communications signals (including telephone and telegraph signals);
(12) structures and facilities for the transmission, reception, and relay of such signals; and
(13) any other purpose that the Secretary considers advisable.
(b) Limitation on Size of Easement.— No easement granted under this section may include more land than is necessary for the easement.
(c) Termination.— The Secretary of the military department concerned may terminate all or part of any easement granted under this section for—
(1) failure to comply with the terms of the grant;
(2) nonuse for a two-year period; or
(3) abandonment.
(d) Notice to Department of the Interior.— Copies of instruments granting easements over public lands under this section shall be furnished to the Secretary of the Interior.
(e) Disposition of Consideration.— Subsections (c) and (e) of section 2667 of this title shall apply with respect to in-kind consideration and proceeds received by the Secretary of a military department in connection with an easement granted under this section in the same manner as such subsections apply to in-kind consideration and money rentals received pursuant to leases entered into by that Secretary under such section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 150; Pub. L. 98525, title XIV, § 1405(38), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 104201, div. B, title XXVIII, § 2861, Sept. 23, 1996, 110 Stat. 2804; Pub. L. 106398, § 1 [div. B, title XXVIII, § 2812(f)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A418; Pub. L. 108136, div. B, title XXVIII, § 2813(a), Nov. 24, 2003, 117 Stat. 1725; Pub. L. 109163, div. A, title X, § 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 109364, div. B, title XXVIII, § 2822(a), (b), Oct. 17, 2006, 120 Stat. 2474, 2475; Pub. L. 110181, div. A, title X, § 1063(a)(14), Jan. 28, 2008, 122 Stat. 322.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 2668(a)2668(b)43:931b (less 2d and 3d provisos of 1st sentence, and less last sentence).43:931b (2d proviso of 1st sentence).July 24, 1946, ch. 596, § 7, 60 Stat. 643; Oct. 25, 1951, ch. 563, § 101 (31st through 43d words), 65 Stat. 641. 2668(c)43:931b (3d proviso of 1st sentence). 2668(d)43:931b (last sentence) [43:931b is made applicable to the Navy by 50:1711 (16th through 21st words)]. In subsection (a), the word “conditions” is omitted as covered by the word “terms”. The description of the persons covered in the opening paragraph and the lands covered in clauses (1)(10) is restated to reflect an opinion of the Judge Advocate General of the Army (JAGR 1952/3179, 27 Mar. 1952). The exceptions to clause (10) make express the fact that the revised section does not cover certain easements authorized by earlier law. The word “over” includes the word “across”. The words “of the United States”, “and empowered”, “acquired lands”, “jurisdiction and”, and “municipality” are omitted as surplusage. The word “Commonwealth” is inserted to reflect the present status of Puerto Rico. In subsection (b), the words “for the easement” are substituted for the words “for the purpose for which granted”. In subsections (b) and (c), the word “easement” is substituted for the word “rights-of-way”. In subsection (c), the word “terminate” is substituted for the words “annulled and forfeited”. The words “and conditions” are omitted as covered by the word “terms”. The words “two-year period” are substituted for the words “a period of two consecutive years”. The words “of rights granted under authority hereof” are omitted as surplusage.
Editorial Notes
Amendments2008—Subsec. (e). Pub. L. 110181 substituted “and (e)” for “and (d)”. 2006—Subsec. (a). Pub. L. 109364, § 2822(a)(1), (b)(1), inserted heading and, in introductory provisions, substituted “the Secretary may” for “he may”, “the Secretary considers” for “he considers”, and “the Secretarys control” for “his control, to a State, Commonwealth, or possession, or political subdivision thereof, or to a citizen, association, partnership, or corporation of a State, Commonwealth, or possession,”. Pub. L. 109163 struck out “Territory,” after “a State,” in two places in introductory provisions. Subsec. (a)(2). Pub. L. 109364, § 2822(a)(2), substituted “gas, water, sewer, and oil pipe lines” for “oil pipe lines”. Subsec. (a)(13). Pub. L. 109364, § 2822(a)(3), substituted “the Secretary considers advisable” for “he considers advisable, except a purpose covered by section 2669 of this title”. Subsecs. (b) to (e). Pub. L. 109364, § 2822(b)(2)(5), inserted subsec. headings. 2003—Subsec. (e). Pub. L. 108136 substituted “Subsections (c) and (d)” for “Subsection (d)” and “subsections apply to in-kind consideration and” for “subsection applies to” and inserted “in-kind consideration and” before “proceeds”. 2000—Subsec. (e). Pub. L. 106398 added subsec. (e). 1996—Subsec. (a)(3). Pub. L. 104201, § 2861(b)(1), struck out “, telephone lines, and telegraph lines,” after “transmission lines”. Subsec. (a)(9). Pub. L. 104201, § 2861(a)(1), struck out “and” at end. Subsec. (a)(10) to (12). Pub. L. 104201, § 2861(a)(3), added pars. (10) to (12). Former par. (10) redesignated (13). Subsec. (a)(13). Pub. L. 104201, § 2861(a)(2), (b)(2), redesignated par. (10) as (13) and struck out “or by the Act of March 4, 1911 (43 U.S.C. 961)” after “2669 of this title”. 1984—Subsec. (a)(10). Pub. L. 98525 substituted “the Act of March 4, 1911 (43 U.S.C. 961)” for “section 961 of title 43”.
@@ -0,0 +1,57 @@
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# 10 U.S.C. § 2668a - Easements: granting restrictive easements in connection with land conveyances
## Text
(a) Authority to Include Restrictive Easement.— In connection with the conveyance of real property by the Secretary concerned under any provision of law, the Secretary concerned may grant an easement to an entity specified in subsection (b) restricting future uses of the conveyed real property for a conservation purpose consistent with section 170(h)(4)(A)(iv) of the Internal Revenue Code of 1986 (26 U.S.C. 170(h)(4)(A)(iv)).
(b) Authorized Recipients.— An easement under subsection (a) may be granted only to—
(1) a State or local government; or
(2) a qualified organization, as that term is defined in section 170(h) of the Internal Revenue Code of 1986 (26 U.S.C. 170(h)).
(c) Limitations on Use of Easement Authority.— An easement under subsection (a) may not be granted unless—
(1) the proposed recipient of the easement consents to the receipt of the easement;
(2) the Secretary concerned determines that the easement is in the public interest and the conservation purpose to be promoted by the easement cannot be effectively achieved through the application of State law by the State or a local government without the grant of restrictive easements;
(3) the jurisdiction that encompasses the property to be subject to the easement authorizes the grant of restrictive easements; and
(4) the Secretary can give or assign to a third party the responsibility for monitoring and enforcing easements granted under this section.
(d) Consideration.— Easements granted under this section shall be without consideration from the recipient.
(e) Acreage Limitation.— No easement granted under this section may include more land than is necessary for the easement.
(f) Terms and Conditions.— The grant of an easement under this section shall be subject to such additional terms and conditions as the Secretary concerned considers appropriate to protect the interests of the United States.
(Added Pub. L. 109364, div. B, title XXVIII, § 2823(a), Oct. 17, 2006, 120 Stat. 2475.)
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# 10 U.S.C. § 2669 - Transfer of land and facilities to support contracts with federally funded research and development centers
## Text
(a) Lease of Land, Facilities, and Improvements.— (1) The Secretary of a military department may lease, for no consideration, land, facilities, infrastructure, and improvements to a covered FFRDC if the lease is to further the purposes of a contract between the Department of Defense and the covered FFRDC.
(2) A lease entered into under paragraph (1) shall terminate on the earlier of the following dates:
(A) The date that is 50 years after the date on which the Secretary enters into the lease.
(B) The date of the termination or non-renewal of the contract between the Department of Defense and the covered FFRDC related to the lease.
(b) Conveyance of Facilities and Improvements.— (1) The Secretary of a military department may convey, for no consideration, ownership of facilities and improvements located on land leased to a covered FFRDC to further the purposes of a contract between the Department of Defense and the covered FFRDC.
(2) The ownership of any facilities and improvements conveyed by the Secretary of a military department or any improvements made to the leased land by the covered FFRDC under this subsection shall, as determined by the Secretary of a military department, revert or transfer to the United States upon the termination or non-renewal of the underlying land lease.
(3) Any facilities and improvements conveyed by the Secretary of a military department shall be demolished by the covered FFDRC as determined by such Secretary.
(c) Construction Standards.— A lease entered into under this section may provide that any facilities constructed on the leased land may be constructed using commercial standards in a manner that provides force protection safeguards appropriate to the activities conducted in, and the location of, such facilities.
(d) Inapplicability of Certain Property Management Laws.— (1) The conveyance or lease of property or facilities, improvements, and infrastructure under this section shall not be subject to the following provisions of law:
(A) Section 2667 of this title.
(B) Section 1302 of title 40.
(C) Section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).
(2) Sections 2662 and 2802 of this title shall not apply to any improvements or facilities constructed by the covered FFRDC on land leased or conveyed to a covered FFRDC described in subsection (a) or (b).
(e) Competitive Procedures for Selection of Certain Lessees; Exception.— If a proposed lease under this section is with respect to a covered FFRDC, the use of competitive procedures for the selection of the lessee is not required and the provisions of chapter 33 of title 41, United States Code, or chapter 221 of title 10, United States Code, and the related provisions of the Federal Acquisition Regulation shall not apply.
(f) Covered FFRDC Defined.— In this section, the term “covered FFRDC” means a federally funded research and development center that is sponsored by, and has entered into a contract with, the Department of Defense.
(Added Pub. L. 117263, div. B, title XXVIII, § 2831(a), Dec. 23, 2022, 136 Stat. 3002.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2269, act Aug. 10, 1956, ch. 1041, 70A Stat. 151; Pub. L. 106398, § 1 [div. B, title XXVIII, § 2812(f)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A418; Pub. L. 108136, div. B, title XXVIII, § 2813(b), Nov. 24, 2003, 117 Stat. 1725; Pub. L. 109163, div. A, title X, § 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440, related to easements for gas, water, and sewer pipe lines, prior to repeal by Pub. L. 109364, div. B, title XXVIII, § 2822(c), Oct. 17, 2006, 120 Stat. 2475.
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# 10 U.S.C. § 2670 - Use of facilities by private organizations; use as polling places
## Text
(a) Use by Red Cross.— Under such conditions as he may prescribe, the Secretary of any military department may issue a revocable license to the American National Red Cross to—
(1) erect and maintain, on any military installation under his jurisdiction, buildings for the storage of supplies; or
(2) use, for the storage of supplies, buildings erected by the United States.
Supplies stored in buildings erected or used under this subsection are available to aid the civilian population in a serious national disaster.
(b) Use of Certain Facilities as Polling Places.— (1) Notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title) or any other provision of law, the Secretary of Defense or Secretary of a military department may not (except as provided in paragraph (3)) prohibit the designation or use of a qualifying facility under the jurisdiction of the Secretary as an official polling place for local, State, or Federal elections.
(2) A Department of Defense facility is a qualifying facility for purposes of this subsection if as of December 31, 2000—
(A) the facility is designated as an official polling place by a State or local election official; or
(B) the facility has been used as such an official polling place since January 1, 1996.
(3) The limitation in paragraph (1) may be waived by the Secretary of Defense or Secretary of the military department concerned with respect to a particular Department of Defense facility if the Secretary of Defense or Secretary concerned determines that local security conditions require prohibition of the designation or use of that facility as an official polling place for any election.
(c) Use of Space and Equipment by Veterans Service Organizations.— (1) Upon certification to the Secretary concerned by the Secretary of Veterans Affairs, the Secretary concerned shall allow accredited, paid, full-time representatives of the organizations named in section 5902 of title 38, or of other organizations recognized by the Secretary of Veterans Affairs, to function on military installations under the jurisdiction of the Secretary concerned that are on land and from which persons are discharged or released from active duty.
(2) The commanding officer of a military installation allowing representatives to function on the installation under paragraph (1) shall allow the representatives to use available space and equipment at the installation.
(3) This subsection does not authorize the violation of measures of military security.
(Aug. 10, 1956, ch. 1041, 70A Stat. 151; Pub. L. 107107, div. A, title XVI, § 1607(a)(b)(2), Dec. 28, 2001, 115 Stat. 1279, 1280; Pub. L. 108375, div. B, title XXVIII, § 2821(c)(1), (e)(2), Oct. 28, 2004, 118 Stat. 2129, 2130.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 267036:12.June 3, 1916, ch. 134, § 127a (5th par.); added June 4, 1920, ch. 227, subch. I, § 51 (5th par.); restated July 17, 1953, ch. 222, § 3, 67 Stat. 178. The word “issue” is substituted for the words “grant permission”. The word “use” is substituted for the words “occupy for that purpose”.
Editorial Notes
Amendments2004—Pub. L. 108375, § 2821(e)(2), substituted “Use of facilities by private organizations; use as polling places” for “Military installations: use by American National Red Cross; use as polling places” in section catchline. Subsec. (c). Pub. L. 108375, § 2821(c)(1), added subsec. (c). 2001—Pub. L. 107107 substituted “Military installations: use by American National Red Cross; use as polling places” for “Licenses: military installations; erection and use of buildings; American National Red Cross” in section catchline, designated existing provisions as subsec. (a), inserted heading, substituted “this subsection” for “this section” in concluding provisions, and added subsec. (b).
Statutory Notes and Related Subsidiaries
RegulationsPub. L. 108375, div. B, title XXVIII, § 2821(c)(3), Oct. 28, 2004, 118 Stat. 2129, provided that: “The regulations prescribed to carry out [former] section 2679 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act [Oct. 28, 2004], shall remain in effect with regard to section 2670(c) of such title, as added by paragraph (1), until changed by joint action of the Secretary concerned (as defined in section 101(9) of such title [now 10 U.S.C. 101(a)(9)]) and the Secretary of Veterans Affairs.”
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# 10 U.S.C. § 2671 - Military reservations and facilities: hunting, fishing, and trapping
## Text
(a) General Requirements for Hunting, Fishing, and Trapping.— The Secretary of Defense shall, with respect to each military installation or facility under the jurisdiction of any military department in a State—
(1) require that all hunting, fishing, and trapping at that installation or facility be in accordance with the fish and game laws of the State in which it is located;
(2) require that an appropriate license for hunting, fishing, or trapping on that installation or facility be obtained, except that with respect to members of the armed forces, such a license may be required only if the State authorizes the issuance of a license to a member on active duty for a period of more than thirty days at an installation or facility within that State, without regard to residence requirements, and upon terms otherwise not less favorable than the terms upon which such a license is issued to residents of that State; and
(3) develop, subject to safety requirements and military security, and in cooperation with the Governor (or his designee) of the State in which the installation or facility is located, procedures under which designated fish and game or conservation officials of that State may, at such time and under such conditions as may be agreed upon, have full access to that installation or facility to effect measures for the management, conservation, and harvesting of fish and game resources.
(b) Waiver Authority.— (1) The Secretary of Defense may waive or otherwise modify the fish and game laws of a State otherwise applicable under subsection (a)(1) to hunting, fishing, or trapping at a military installation or facility if the Secretary determines that the application of such laws to such hunting, fishing, or trapping without modification could result in undesirable consequences for public health or safety at the installation or facility. The authority to waive such laws includes the authority to extend, but not reduce, the specified season for certain hunting, fishing, or trapping. The Secretary may not waive the requirements under subsection (a)(2) regarding a license for such hunting, fishing, or trapping or any fee imposed by a State to obtain such a license.
(2) If the Secretary determines that a waiver of fish and game laws of a State is appropriate under paragraph (1), the Secretary shall provide written notification to the appropriate State officials stating the reasons for, and extent of, the waiver. The notification shall be provided at least 30 days before implementation of the waiver.
(c) Violations.— Whoever is guilty of an act or omission which violates a requirement prescribed under subsection (a)(1) or (2), which act or omission would be punishable if committed or omitted within the jurisdiction of the State in which the installation or facility is located, by the laws thereof in effect at the time of that act or omission, is guilty of a like offense and is subject to a like punishment.
(d) Relation to Treaty Rights.— This section does not modify any rights granted by the treaty or otherwise to any Indian tribe or to the members thereof.
(e) Regulations.— The Secretary of Defense shall prescribe regulations to carry out this section.
(Added Pub. L. 85337, § 4(1), Feb. 28, 1958, 72 Stat. 29; amended Pub. L. 107107, div. B, title XXVIII, § 2811, Dec. 28, 2001, 115 Stat. 1307; Pub. L. 109163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 111383, div. A, title X, § 1075(b)(42), Jan. 7, 2011, 124 Stat. 4371.)
## Notes
Editorial Notes
Amendments2011—Subsec. (a)(2). Pub. L. 111383 substituted “armed forces” for “Armed Forces”. 2006—Subsecs. (a) to (c). Pub. L. 109163 struck out “or Territory” after “State” wherever appearing. 2001—Subsec. (a). Pub. L. 107107, § 2811(b)(1), inserted heading. Subsec. (b). Pub. L. 107107, § 2811(a)(2), added subsec. (b). Former subsec. (b) redesignated (e). Subsec. (c). Pub. L. 107107, § 2811(b)(2), inserted heading. Subsec. (d). Pub. L. 107107, § 2811(b)(3), inserted heading. Subsec. (e). Pub. L. 107107, § 2811(a)(1), redesignated subsec. (b) as (e), inserted heading, and transferred subsec. to end of section.
Statutory Notes and Related Subsidiaries
Increased Hunting and Fishing Opportunities for Members of the Armed Forces, Retired Members, and Disabled VeteransPub. L. 109364, div. A, title X, § 1077(a), Oct. 17, 2006, 120 Stat. 2406, provided that: “Consistent with section 2671 of title 10, United States Code, and using such funds as are made available for this purpose, the Secretary of Defense shall ensure that members of the Armed Forces, retired members, disabled veterans, and persons assisting disabled veterans are able to utilize lands under the jurisdiction of the Department of Defense that are available for hunting or fishing.”
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# 10 U.S.C. § 2672 - Protection of buildings, grounds, property, and persons
## Text
(a) Secretary of Defense Responsibility.— The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property.
(b) Designation of Officers and Agents.— (1) The Secretary of Defense may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property.
(2) A designation under paragraph (1) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary determines appropriate.
(3) In making a designation under paragraph (1) with respect to any category of personnel, the Secretary shall specify each of the following:
(A) The personnel or positions to be included in the category.
(B) The authorities provided for in subsection (c) that may be exercised by personnel in that category.
(C) In the case of civilian personnel in that category—
(i) the authorities provided for in subsection (c), if any, that are authorized to be exercised outside the property specified in subsection (a); and
(ii) with respect to the exercise of any such authorities outside the property specified in subsection (a), the circumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance.
(4) The Secretary may make a designation under paragraph (1) only if the Secretary determines, with respect to the category of personnel to be covered by that designation, that—
(A) the exercise of each specific authority provided for in subsection (c) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authorities; and
(B) the necessary and proper training for the authorities to be exercised is available to the personnel in that category.
(c) Authorized Activities.— Subject to subsection (i) and to the extent specifically authorized by the Secretary of Defense, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under subsection (b) may—
(1) enforce Federal laws and regulations for the protection of persons and property;
(2) carry firearms;
(3) make arrests—
(A) without a warrant for any offense against the United States committed in the presence of the officer or agent; or
(B) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
(4) serve warrants and subpoenas issued under the authority of the United States; and
(5) conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the Department of Defense or persons on such property.
(d) Regulations.— (1) The Secretary of Defense may prescribe regulations, including traffic regulations, necessary for the protection and administration of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply.
(2) A person violating a regulation prescribed under this subsection shall be fined under title 18, imprisoned for not more than 30 days, or both.
(e) Limitation on Delegation of Authority.— The authority of the Secretary of Defense under subsections (b), (c), and (d) may be exercised only by the Secretary or the Deputy Secretary of Defense.
(f) Disposition of Persons Arrested.— A person who is arrested pursuant to authority exercised under subsection (b) may not be held in a military confinement facility, other than in the case of a person who is subject to chapter 47 of this title (the Uniform Code of Military Justice).
(g) Facilities and Services of Other Agencies.— In implementing this section, when the Secretary of Defense determines it to be economical and in the public interest, the Secretary may utilize the facilities and services of Federal, State, Indian tribal, and local law enforcement agencies, with the consent of those agencies, and may reimburse those agencies for the use of their facilities and services. Such services of State, Indian tribal, and local law enforcement, including application of their powers of law enforcement, may be provided notwithstanding that the property is subject to the legislative jurisdiction of the United States.
(h) Authority Outside Federal Property.— For the protection of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property, the Secretary of Defense may enter into agreements with Federal agencies and with State, Indian tribal, and local governments to obtain authority for civilian officers and agents designated under this section to enforce Federal laws and State, Indian tribal, and local laws concurrently with other Federal law enforcement officers and with State, Indian tribal, and local law enforcement officers.
(i) Attorney General Approval.— The powers granted pursuant to subsection (c) to officers and agents designated under subsection (b) shall be exercised in accordance with guidelines approved by the Attorney General. Such guidelines may include specification of the geographical extent of property outside of the property specified in subsection (a) within which those powers may be exercised.
(j) Limitation With Regard to Other Federal Agencies.— Nothing in this section shall be construed as affecting the authority of the Secretary of Homeland Security to provide for the protection of facilities (including the buildings, grounds, and properties of the General Services Administration) that are under the jurisdiction, custody, or control, in whole or in part, of a Federal agency other than the Department of Defense and that are located off of a military installation.
(k) Cooperation With Local Law Enforcement Agencies.— Before authorizing civilian officers and agents to perform duty in areas outside the property specified in subsection (a), the Secretary of Defense shall consult with, and is encouraged to enter into agreements with, local law enforcement agencies exercising jurisdiction over such areas for the purposes of avoiding conflicts of jurisdiction, promoting notification of planned law enforcement actions, and otherwise facilitating productive working relationships.
(l) Limitation on Statutory Construction.— Nothing in this section shall be construed—
(1) to preclude or limit the authority of any Federal law enforcement agency;
(2) to restrict the authority of the Secretary of Homeland Security under the Homeland Security Act of 2002 or of the Administrator of General Services, including the authority to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively;
(3) to expand or limit section 21 of the Internal Security Act of 1950 (50 U.S.C. 797);
(4) to affect chapter 47 of this title;
(5) to restrict any other authority of the Secretary of Defense or the Secretary of a military department; or
(6) to restrict the authority of the Director of the National Security Agency under section 11 of the National Security Agency Act of 1959 (50 U.S.C. 3609).
(Added Pub. L. 11492, div. B, title XXVIII, § 2811(a), Nov. 25, 2015, 129 Stat. 1172.)
## Notes
Editorial Notes
References in TextThe Homeland Security Act of 2002, referred to in subsec. (l)(2), is Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135, which is classified principally to chapter 1 (§ 101 et seq.) of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6 and Tables.
Prior ProvisionsA prior section 2672, added Pub. L. 85861, § 1(51), Sept. 2, 1958, 72 Stat. 1459; amended Pub. L. 87651, title I, § 112(a), Sept. 7, 1962, 76 Stat. 511; Pub. L. 92145, title VII, § 707(2), (3), Oct. 27, 1971, 85 Stat. 411; Pub. L. 96418, title VIII, § 806(a), Oct. 10, 1980, 94 Stat. 1777; Pub. L. 99167, title VIII, § 810(a), (b)(1), Dec. 3, 1985, 99 Stat. 989, 990; Pub. L. 99661, div. A, title XIII, § 1343(a)(16), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100456, div. B, title XXVIII, § 2804, Sept. 29, 1988, 102 Stat. 2115; Pub. L. 10585, div. B, title XXVIII, § 2811(a), (b)(1), Nov. 18, 1997, 111 Stat. 1991; Pub. L. 108136, div. B, title XXVIII, § 2811(a)(b)(2), Nov. 24, 2003, 117 Stat. 1724, 1725; Pub. L. 108375, div. B, title XXVIII, § 2821(d)(1), Oct. 28, 2004, 118 Stat. 2130; Pub. L. 109163, div. B, title XXVIII, § 2821(a)(2), Jan. 6, 2006, 119 Stat. 3511, related to authority to acquire low-cost interests in land, prior to repeal by Pub. L. 109163, div. B, title XXVIII, § 2821(f), Jan. 6, 2006, 119 Stat. 3513. See section 2663(c) of this title.
Statutory Notes and Related Subsidiaries
Notification of Military Sex Offenders at Military InstallationsPub. L. 11960, div. A, title V, § 565(a), Dec. 18, 2025, 139 Stat. 883, provided that: “Not later than one year after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall establish and implement a policy to ensure that registered sex offenders who reside or work on military installations are identified to the respective military community, including, as necessary, through agreements with State and local law enforcement agencies.”
Pilot Program on Safe Storage of Personally Owned FirearmsPub. L. 117263, div. A, title V, § 595, Dec. 23, 2022, 136 Stat. 2613, provided that: “(a) Establishment.—The Secretary of Defense shall establish a pilot program to promote the safe storage of personally owned firearms. “(b) Elements.—Under the pilot program under subsection (a), the Secretary of Defense shall furnish to members of the Armed Forces who are participating in the pilot program at military installations selected under subsection (e) locking devices or firearm safes, or both, for the purpose of securing personally owned firearms when not in use (including by directly providing, subsidizing, or otherwise making available such devices or safes). “(c) Participation.—“(1) Voluntary participation.—Participation by members of the Armed Forces in the pilot program under subsection (a) shall be on a voluntary basis. “(2) Location of participants.—A member of the Armed Forces may participate in the pilot program under subsection (a) carried out at a military installation selected under subsection (e) regardless of whether the member resides at the military installation. “(d) Plan.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for the implementation of the pilot program under subsection (a). “(e) Selection of Installations.—Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall select not fewer than five military installations at which to carry out the pilot program under subsection (a). “(f) Effect on Existing Policies.—Nothing in this section shall be construed to circumvent or undermine any existing safe storage policies, laws, or regulations on military installations. “(g) Report.—Upon the termination under subsection (h) of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report containing the following information:“(1) The number and type of locking devices and firearm safes furnished to members of the Armed Forces under the pilot program. “(2) The cost of carrying out the pilot program. “(3) An analysis of the effect of the pilot program on suicide prevention. “(4) Such other information as the Secretary may determine appropriate, which shall exclude any personally identifiable information about participants in the pilot program. “(h) Termination.—The pilot program under subsection (a) shall terminate on the date that is six years after the date of the enactment of this Act.”
Standardized Credentials for Law Enforcement Officers of the Department of DefensePub. L. 117263, div. A, title XI, § 1104, Dec. 23, 2022, 136 Stat. 2816, provided that: “(a) Standardized Credentials Required.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall ensure that—“(1) the Secretary of each military department develops standardized credentials for Defense law enforcement officers under their respective authority; “(2) the Secretary of each military department issues such credential to each such officer at no cost to such officer; and “(3) any Department of Defense common access card issued to such an officer clearly identifies the officer as a Defense law enforcement officer. “(b) Defense Law Enforcement Officer Defined.—In this section, the term Defense law enforcement officer means a member of the Armed Forces or civilian employee of the Department of Defense who—“(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law; “(2) has statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice); and “(3) is authorized by the Department to carry a firearm.”
Requirement That Secretary of Defense Implement Security and Emergency Response Recommendations Relating to Active Shooter or Terrorist Attacks on Installations of Department of DefensePub. L. 116283, div. A, title III, § 368, Jan. 1, 2021, 134 Stat. 3552, provided that: “(a) Requirement.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall implement the applicable security and emergency response recommendations relating to active shooter or terrorist attacks on installations of the Department of Defense made in the following reports:“(1) The report by the Government Accountability Office dated July 2015 entitled, Insider Threats: DOD Should Improve Information Sharing and Oversight to Protect U.S. Installations (GAO15543). “(2) The report prepared by the Department of the Navy relating to the Washington Navy Yard shooting in 2013. “(3) The report by the Department of the Army dated August 2010 entitled Fort Hood, Army Internal Review Team: Final Report. “(4) The independent review by the Department of Defense dated January 2010 entitled Protecting the Force: Lessons from Fort Hood. “(5) The report by the Department of the Air Force dated October 2010 entitled Air Force Follow-On Review: Protecting the Force: Lessons from Fort Hood. “(b) Notification of Inapplicable Recommendations.—“(1) In general.—If the Secretary determines that a recommendation described in subsection (a) is outdated, is no longer applicable, or has been superseded by more recent separate guidance or recommendations set forth by the Government Accountability Office, the Department of Defense, or another entity in related contracted review, the Secretary shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 45 days after the date of the enactment of this Act. “(2) Identification and justification.—The notification under paragraph (1) shall include an identification, set forth by report [sic] specified in subsection (a), of each recommendation that the Secretary determines should not be implemented, with a justification for each such determination.”
Department of Defense Policy for Regulation in Military Communities of Dangerous Dogs Kept as PetsPub. L. 116283, div. B, title XXVIII, § 2884, Jan. 1, 2021, 134 Stat. 4372, provided that: “(a) Policy Required.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall establish a uniform policy for the regulation of dangerous dogs kept as pets in military communities. “(b) Consultation.—The policy required by subsection (a) shall be developed in consultation with professional veterinary and animal behavior experts in regard to effective regulation of dangerous dogs kept as pets. “(c) Regulations.—“(1) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing the policy established under subsection (a). “(2) Best practices.—The regulations prescribed under paragraph (1) shall include strategies, for implementation within all military communities, for the prevention of dog bites that are consistent with the following best practices:“(A) Enforcement of regulations relating to dangerous dogs kept as pets, with emphasis on identification of dangerous dog behavior and chronically irresponsible pet owners. “(B) Enforcement of animal control regulations, such as leash laws and stray animal control policies. “(C) Promotion and communication of resources for pet spaying and neutering. “(D) Investment in community education initiatives, such as teaching criteria for pet selection, pet care best practices, owner responsibilities, and safe and appropriate interaction with dogs. “(d) Exclusions.—This section does not apply with respect to military working dogs and any dog certified as a service animal. “(e) Definitions.—In this section:“(1) The term dangerous dog means a dog that—“(A) has attacked a person or another animal without justification, causing injury or death to the person or animal; or “(B) exhibits behavior that reasonably suggests the likely risk of such an attack. “(2) The term military communities means—“(A) all military installations; and “(B) all military housing, including privatized military housing under subchapter IV of chapter 169 of title 10, United States Code.”
Establishment of Process by Which Members of the Armed Forces May Carry an Appropriate Firearm on a Military InstallationPub. L. 11492, div. A, title V, § 526, Nov. 25, 2015, 129 Stat. 813, provided that: “Not later than December 31, 2015, the Secretary of Defense, taking into consideration the views of senior leadership of military installations in the United States, shall establish and implement a process by which the commanders of military installations in the United States, or other military commanders designated by the Secretary of Defense for military reserve centers, Armed Services recruiting centers, and such other defense facilities as the Secretary may prescribe, may authorize a member of the Armed Forces who is assigned to duty at the installation, center or facility to carry an appropriate firearm on the installation, center, or facility if the commander determines that carrying such a firearm is necessary as a personal- or force-protection measure.”
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# 10 U.S.C. § 2672a - Repealed. Pub. L. 109163, div. B, title XXVIII, § 2821(f), Jan. 6, 2006, 119 Stat. 3513]
## Notes
Section, added Pub. L. 94107, title VI, § 607(8), Oct. 7, 1975, 89 Stat. 566; amended Pub. L. 98525, title XIV, § 1405(39), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 104106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 10665, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108136, div. A, title X, § 1031(a)(29), Nov. 24, 2003, 117 Stat. 1599; Pub. L. 108375, div. A, title X, § 1084(d)(23), Oct. 28, 2004, 118 Stat. 2062; Pub. L. 109163, div. B, title XXVIII, § 2821(a)(6), Jan. 6, 2006, 119 Stat. 3511, related to acquisition of interests in land when need is urgent. See section 2663(d) of this title.
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# 10 U.S.C. § 2673 - Repealed. Pub. L. 108375, div. B, title XXVIII, § 2821(d)(2), Oct. 28, 2004, 118 Stat. 2130]
## Notes
Section, added Pub. L. 100370, § 1(l)(1), July 19, 1988, 102 Stat. 849, related to availability of funds for acquisition of certain interests in land.
A prior section 2673, added Pub. L. 85861, § 1(51), Sept. 2, 1958, 72 Stat. 1459, related to restoration or replacement of facilities damaged or destroyed, prior to repeal by Pub. L. 97214, § 7(1), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See section 2854 of this title.
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# 10 U.S.C. § 2675 - Leases: foreign countries
## Text
(a) Lease Authority; Duration.— The Secretary of a military department may acquire by lease in foreign countries structures and real property relating to structures that are needed for military purposes other than for military family housing. A lease under this section may be for a period of up to 10 years, or 15 years in the case of a lease in Korea, and the rental for each yearly period may be paid from funds appropriated to that military department for that year.
(b) Availability of Funds.— Appropriations available to the Department of Defense for operation and maintenance or construction may be used for the acquisition of interests in land under this section.
(Added Pub. L. 85861, § 1(51), Sept. 2, 1958, 72 Stat. 1460; amended Pub. L. 91511, title VI, § 608, Oct. 26, 1970, 84 Stat. 1224; Pub. L. 94107, title VI, § 607(10), (11), Oct. 7, 1975, 89 Stat. 567; Pub. L. 9582, title V, § 505(a), Aug. 1, 1977, 91 Stat. 371; Pub. L. 95356, title V, § 503(b), Sept. 8, 1978, 92 Stat. 579; Pub. L. 96125, title V, § 502(b), Nov. 26, 1979, 93 Stat. 940; Pub. L. 96418, title V, § 504(b), Oct. 10, 1980, 94 Stat. 1765; Pub. L. 9799, title VI, § 604, Dec. 23, 1981, 95 Stat. 1374; Pub. L. 97214, § 8, July 12, 1982, 96 Stat. 174; Pub. L. 98525, title XIV, § 1405(40), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 101510, div. A, title XIII, § 1322(a)(11), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 108136, div. B, title XXVIII, § 2804(b), Nov. 24, 2003, 117 Stat. 1719; Pub. L. 108375, div. B, title XXVIII, § 2821(d)(3), Oct. 28, 2004, 118 Stat. 2130; Pub. L. 109364, div. B, title XXVIII, § 2824, Oct. 17, 2006, 120 Stat. 2476.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 26755:171z3.Aug. 3, 1956, ch. 939, § 417, 70 Stat. 1018. The words “that are not located on a military base” are substituted for the words “off-base”.
Editorial Notes
Amendments2006—Subsec. (a). Pub. L. 109364 substituted “10 years” for “five years”. 2004—Pub. L. 108375 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2003—Pub. L. 108136 inserted “or 15 years in the case of a lease in Korea,” after “five years,”. 1990—Pub. L. 101510 struck out “(a)” before “The Secretary” and struck out subsec. (b) which read as follows: “A lease may not be entered into under this section for structures or related real property in any foreign country if the average estimated annual rental during the term of the lease if more than $250,000 until after the expiration of 30 days from the date upon which a report of the facts concerning the proposed lease is submitted to the Committees on Armed Services of the Senate and House of Representatives.” 1984—Subsec. (b). Pub. L. 98525 substituted “30” for “thirty”. 1982—Subsec. (a). Pub. L. 97214, § 8(a), substituted provisions that the Secretary of a military department may acquire by lease in foreign countries, structures and real property needed for military purposes other than for military family housing for up to a period of five years with the rental to be paid from funds appropriated to that military department for that year, for former provisions that had allowed such leases including leases for military family housing and in the latter case for a period of up to 10 years. Subsec. (b). Pub. L. 97214, § 8(b), struck out “or any other provision of law” after “into under this section”, and “, family housing facilities,” after “for structures”. Subsecs. (c), (d). Pub. L. 97214, § 8(c), struck out subsec. (c) which provided that a statement in a lease that the requirements of this section have been met, or that the lease is not subject to this section is conclusive, and subsec. (d) which related to limitations on expenditures for the rental of family housing in foreign countries and limitations on the number of family housing units which may be leased in a foreign country at any one time. 1981—Subsec. (d)(1). Pub. L. 9799, § 604(1), substituted “250” for “150”. Subsec. (d)(2). Pub. L. 9799, § 604(2), substituted “22,000” for “17,000”. 1980—Subsec. (d)(1). Pub. L. 96418 substituted “Expenditures for the rental of family housing in foreign countries (including the cost of utilities and maintenance and operation) may not exceed $1,115 per month for any unit” for “The average unit rental for Department of Defense family housing acquired by lease in foreign countries may not exceed $550 per month for the Department, and in no event shall the rental for any one unit exceed $970 per month, including the costs of operation, maintenance, and utilities”. 1979—Subsec. (d)(1). Pub. L. 96125, § 502(b)(1), substituted “$550” for “$485” and “$970” for “$850”. Subsec. (d)(2). Pub. L. 96125, § 502(b)(2), substituted “17,000” for “18,000”. 1978—Subsec. (d)(1). Pub. L. 95356, § 503(b)(1), substituted “$485” for “$435” and “$850” for “$760”. Subsec. (d)(2). Pub. L. 95356, § 503(b)(2), substituted “18,000” for “15,000”. 1977—Subsec. (a). Pub. L. 9582, § 505(a)(1), inserted provisions relating to military family housing facilities and real property related thereto. Subsec. (b). Pub. L. 9582, § 505(a)(2), inserted “or any other provision of law for structures, family housing facilities, or related real property in any foreign country,” after “section”. Subsec. (d). Pub. L. 9582, § 505(a)(3), added subsec. (d). 1975—Pub. L. 94107 struck out reference to structures not on a military base in section catchline, and struck out “that are not located on a military base and” after “structures and real property relating thereto” in subsec. (a). 1970—Pub. L. 91511 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1982 AmendmentAmendment by Pub. L. 97214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97214, set out as an Effective Date note under section 2801 of this title.
Effective Date of 1980 AmendmentPub. L. 96418, title VI, § 608, Oct. 10, 1980, 94 Stat. 1774, provided that: “Titles I, II, III, IV, and V [enacting section 2775 of this title and section 1594h3 of Title 42, The Public Health and Welfare, amending this section, section 2686 of this title, and sections 1594a1 and 1594h2 of Title 42, and repealing provisions set out as a note under section 4593 of this title] shall take effect on October 1, 1980.”
Effective Date of 1977 AmendmentPub. L. 9582, title V, § 505(c), Aug. 1, 1977, 91 Stat. 372, provided that: “The amendments made by subsection (a) [amending this section] and the repeal made by subsection (b) [repealing section 507(b) of Pub. L. 93166, which was not classified to the Code] shall take effect October 1, 1977.”
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# 10 U.S.C. § 2676 - Renumbered § 2664]
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section: "2677"
citation: "10 U.S.C. § 2677"
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---
# 10 U.S.C. § 2677 - Repealed. Pub. L. 110181, div. B, title XXVIII, § 2822(b)(1), Jan. 28, 2008, 122 Stat. 544]
## Notes
Section, added Pub. L. 85861, § 1(51), Sept. 2, 1958, 72 Stat. 1460; amended Pub. L. 87554, title VI, § 607, July 27, 1962, 76 Stat. 242; Pub. L. 92145, title VII, § 707(4), Oct. 27, 1971, 85 Stat. 412; Pub. L. 94273, § 6(3), Apr. 21, 1976, 90 Stat. 377; Pub. L. 97214, § 10(a)(5)(A), (B), July 12, 1982, 96 Stat. 175; Pub. L. 97375, title I, § 104(b), Dec. 21, 1982, 96 Stat. 1819; Pub. L. 98407, title VIII, § 803, Aug. 28, 1984, 98 Stat. 1519; Pub. L. 102190, div. B, title XXVIII, § 2861, Dec. 5, 1991, 105 Stat. 1559; Pub. L. 10335, title II, § 201(c)(9), May 31, 1993, 107 Stat. 98; Pub. L. 107314, div. A, title X, § 1062(a)(12), Dec. 2, 2002, 116 Stat. 2650, related to options on property required for military construction projects.
@@ -0,0 +1,41 @@
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title: "10 U.S.C. § 2678"
description: "Feral horses and burros: removal from military installations"
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# 10 U.S.C. § 2678 - Feral horses and burros: removal from military installations
## Text
When feral horses or burros are found on an installation under the jurisdiction of the Secretary of a military department, the Secretary may use helicopters and motorized equipment for their removal.
(Added Pub. L. 101510, div. A, title XIV, § 1481(h)(1), Nov. 5, 1990, 104 Stat. 1708.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in Pub. L. 101165, title IX, § 9030, Nov. 21, 1989, 103 Stat. 1135, which was set out as a note under section 2241 of this title, prior to repeal by Pub. L. 101510, § 1481(h)(3). A prior section 2678, added Pub. L. 85861, § 1(51), Sept. 2, 1958, 72 Stat. 1460, related to acquisition of mortgaged housing units, prior to repeal by Pub. L. 97214, §§ 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date.
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# 10 U.S.C. § 2679 - Installation-support services: intergovernmental support agreements
## Text
(a) In General.— (1) Notwithstanding any other provision of law governing the award of Federal Government contracts for goods and services, the Secretary concerned may enter into an intergovernmental support agreement, on a sole source basis, with a State, local, or tribal government to provide, receive, or share installation-support services if the Secretary determines that the agreement will serve the best interests of the department by enhancing mission effectiveness or creating efficiencies or economies of scale, including by reducing costs.
(2) An intergovernmental support agreement under paragraph (1)—
(A) may be for a term not to exceed ten years; and
(B) may use, for installation-support services provided by a State, local, or tribal government, wage grades normally paid by that State, local, or tribal government.
(3) An intergovernmental support agreement under paragraph (1) may only be used when the Secretary concerned or the State, local, or tribal government, as the case may be, providing the installation-support services already provides such services for its own use.
(4) Any contract for the provision of installation-support services awarded by the Federal Government or a State, local, or tribal government pursuant to an intergovernmental support agreement provided in subsection (a) shall be awarded on a competitive basis.
(b) Effect on First Responder Arrangements.— The authority provided by this section and limitations on the use of that authority are not intended to revoke, preclude, or otherwise interfere with existing or proposed mutual-aid agreements relating to police or fire protection services or other similar first responder agreements or arrangements.
(c) Availability of Funds.— Funds available to the Secretary concerned for operation and maintenance may be used to pay for such installation-support services. The costs of agreements under this section for any fiscal year may be paid using annual appropriations made available for that year. Funds received by the Secretary as reimbursement for providing installation-support services pursuant to such an agreement shall be credited to the appropriation or account charged with providing installation support.
(d) Effect on OMB Circular A-76.— The Secretary concerned shall ensure that intergovernmental support agreements authorized by this section are not used to circumvent the requirements of Office of Management and Budget Circular A-76 regarding public-private competitions.
(e) Pilot Program for Use of Cost Savings Realized.— (1) Each Secretary concerned shall conduct a pilot program under which the Secretary will make available to the commander of each military installation for which cost savings are realized as a result of an intergovernmental support agreement entered into under this section an amount equal to not less than 25 percent of the amount of such cost savings for that military installation for a fiscal year.
(2) Amounts made available to an installation commander under paragraph (1) shall be used solely to address sustainment restoration and modernization requirements that have been approved by the major subordinate command or equivalent component.
(3) With respect to each military installation for which amounts are made available to the installation commander under paragraph (1), the Secretary concerned shall certify, not less frequently than annually for each fiscal year of the pilot program, to the congressional defense committees the following:
(A) The name of the installation and the amount of the cost savings achieved at the installation.
(B) The source and type of intergovernmental support agreement that achieved the cost savings.
(C) The amount of the cost savings made available to the installation commander under paragraph (1).
(D) The sustainment restoration and modernization purposes for which the amount made available under paragraph (1) were used.
(4) The authority to conduct the pilot program shall expire September 30, 2030.
(f) Definitions.— In this section:
(1) The term “installation-support services” means those services, supplies, resources, and support typically provided by a local government for its own needs and without regard to whether such services, supplies, resources, and support are provided to its residents generally, except that the term does not include security guard or fire-fighting functions. The term does include ordnance disposal.
(2) The term “local government” includes a county, parish, municipality, city, town, township, local public authority, school district, special district, and any agency or instrumentality of a local government.
(3) The term “State” includes the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, the State of Yap of the Federated States of Micronesia, and the Republic of Palau, and any agency or instrumentality of a State.
(4) The term “intergovernmental support agreement” means a legal instrument reflecting a relationship between the Secretary concerned and a State, local, or tribal government that contains such terms and conditions as the Secretary concerned considers appropriate for the purposes of this section and necessary to protect the interests of the United States.
(Added Pub. L. 112239, div. A, title III, § 331(a), Jan. 2, 2013, 126 Stat. 1696, § 2336; renumbered § 2679 and amended Pub. L. 113291, div. A, title III, § 351(a), (b), Dec. 19, 2014, 128 Stat. 3346; Pub. L. 11492, div. A, title X, § 1081(a)(9), (b)(1), Nov. 25, 2015, 129 Stat. 1001; Pub. L. 11591, div. B, title XXVIII, § 2813, Dec. 12, 2017, 131 Stat. 1849; Pub. L. 115232, div. A, title X, § 1081(a)(26), Aug. 13, 2018, 132 Stat. 1985; Pub. L. 116283, div. B, title XXVIII, § 2861(a), Jan. 1, 2021, 134 Stat. 4356; Pub. L. 118159, div. B, title XXVIII, § 2845, Dec. 23, 2024, 138 Stat. 2264; Pub. L. 11960, div. B, title XXVIII, §§ 28432845, Dec. 18, 2025, 139 Stat. 1318.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2679, added Pub. L. 87651, title I, § 112(c), Sept. 7, 1962, 76 Stat. 511; amended Pub. L. 101189, div. A, title XVI, § 1621(a)(9), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 103337, div. A, title X, § 1070(e)(9), Oct. 5, 1994, 108 Stat. 2859, related to use of space and equipment by representatives of veterans organizations, prior to repeal by Pub. L. 108375, div. B, title XXVIII, § 2821(c)(2), Oct. 28, 2004, 118 Stat. 2129.
Amendments2025—Subsec. (e)(4). Pub. L. 11960, § 2843, substituted “September 30, 2030” for “September 30, 2025”. Subsec. (f)(1). Pub. L. 11960, § 2844, inserted at end “The term does include ordnance disposal.” Subsec. (f)(3). Pub. L. 11960, § 2845, struck out “and” before “United States Virgin Islands” and inserted “the State of Yap of the Federated States of Micronesia, and the Republic of Palau,” after “Virgin Islands,”. 2024—Subsec. (a). Pub. L. 118159 substituted “State, local, or tribal government” for “State or local government” wherever appearing. Subsec. (f)(4). Pub. L. 118159 substituted “State, local, or tribal government” for “State or local government”. 2021—Subsecs. (e), (f). Pub. L. 116283 added subsec. (e) and redesignated former subsec. (e) as (f). 2018—Subsec. (a)(1). Pub. L. 115232 substituted “Federal Government” for “Federal government”. 2017—Subsec. (a)(2)(A). Pub. L. 11591 substituted “ten years” for “five years”. 2015—Subsec. (a)(1). Pub. L. 11492, § 1081(a)(9), struck out “with” before “, on a sole source”. Subsec. (a)(4). Pub. L. 11492, § 1081(b)(1), amended directory language of Pub. L. 113291, § 351(b)(1)(C). See 2014 Amendment note below. 2014—Pub. L. 113291, § 351(a), renumbered section 2336 of this title as this section and substituted “Installation-support services: intergovernmental support agreement” for “Intergovernmental support agreements with State and local governments” in section catchline. Subsec. (a)(1). Pub. L. 113291, § 351(b)(1)(A), substituted “Notwithstanding any other provision of law governing the award of Federal government contracts for goods and services, the Secretary concerned” for “The Secretary concerned” and “, on a sole source basis, with a State or local” for “a State or local”. Subsec. (a)(2). Pub. L. 113291, § 351(b)(1)(B), substituted “An” for “Notwithstanding any other provision of law, an” in introductory provisions, redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: “may be entered into on a sole-source basis;”. Subsec. (a)(4). Pub. L. 113291, § 351(b)(1)(C), as amended by Pub. L. 11492, § 1081(b)(1), added par. (4). Subsec. (e)(4). Pub. L. 113291, § 351(b)(2), added par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentPub. L. 11492, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b)(1) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113291 as enacted.
Review of Agreements With Non-Department Entities With Respect to Prevention and Mitigation of Spills of Aqueous Film-Forming FoamPub. L. 11781, div. A, title III, § 346, Dec. 27, 2021, 135 Stat. 1647, provided that: “(a) Review Required.—Not later than 180 days of [sic] after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall complete a review of mutual support agreements entered into with non-Department of Defense entities (including State and local entities) that involve fire suppression activities in support of missions of the Department. “(b) Matters.—The review under subsection (a) shall assess, with respect to the agreements specified in such subsection, the following:“(1) The preventative maintenance guidelines specified in such agreements for fire trucks and fire suppression systems, to mitigate the risk of equipment failure that may result in a spill of aqueous film-forming foam (in this section referred to as AFFF). “(2) Any requirements specified in such agreements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity pursuant to the agreement that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment. “(3) The methods by which the Secretary, or the non-Department entity with which the Secretary has entered into the agreement, ensures compliance with guidance specified in the agreement with respect to the use of such personal protective equipment. “(c) Guidance.—Not later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance (based on the results of such review) on requirements to include under the agreements specified in such subsection, to ensure the prevention and mitigation of spills of AFFF. Such guidance shall include, at a minimum, best practices and recommended requirements to ensure the following:“(1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity carried out pursuant to such an agreement that may result in such a spill. “(2) The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities pursuant to such an agreement in the vicinity of such drains or basins. “(3) The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1). “(d) Briefing.—Not later than 30 days after the date on which the Secretary issues the guidance under subsection (c), the Secretary shall provide to the congressional defense committees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Representatives] a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (c).”
Notification of Certain Intergovernmental Support AgreementsPub. L. 11781, div. A, title VIII, § 876, Dec. 27, 2021, 135 Stat. 1865, provided that: “(a) Notification Required.—During fiscal years 2022 and 2023, not less than 60 days before entering into an intergovernmental support agreement under section 2679 of title 10, United States Code, that is an exception to the requirements of chapter 85 of title 41, United States Code, the Secretary concerned shall submit, in writing, to the congressional defense committees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Representatives] a report including the following relating to such agreement:“(1) The circumstances that resulted in the need to enter into an intergovernmental support agreement that included such exception. “(2) The anticipated benefits of entering into such agreement that included such exception. “(3) The anticipated impact on persons covered under such chapter 85 because of such exception. “(4) The extent to which such agreement complies with applicable policies, directives, or other guidance of the Department of Defense. “(b) Recommendations.—“(1) In general.—The Secretary of Defense shall submit to the congressional defense committees, along with the budget request materials for fiscal year 2023, specific recommendations for modifications to the legislative text of subsection (a)(1) of section 2679 of title 10, United States Code, along with a rationale for any such modifications, to identify specific provisions of Federal contracting law appropriate for waiver or exemption to ensure effective use of intergovernmental support agreements under such section. “(2) Budget request materials defined.—In this subsection, the term budget request materials means the materials submitted to Congress by the President under section 1105(a) of title 31, United States Code. “(c) Briefing Required.—Not later than 6 months after the date of enactment of this Act [Dec. 27, 2021] the Secretary of Defense shall provide to the congressional defense committees a briefing on activities taken to carry out the requirements of this section. “(d) Policy Required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to clarify the use of the authority under section 2679 of title 10, United States Code, including with respect to—“(1) the application of other requirements of acquisition law and policy; and “(2) chapter 85 of title 41, United States Code. “(e) Secretary Concerned Defined.—In this section, the term Secretary concerned means—“(1) the Secretary of the Army, with respect to matters concerning the Army; “(2) the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and “(3) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force.”
Promulgation of GuidancePub. L. 116283, div. B, title XXVIII, § 2861(b), Jan. 1, 2021, 134 Stat. 4357, provided that: “Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall promulgate guidance for the development of the pilot program required by subsection (e) of section 2679 of title 10, United States Code, as added by subsection (a).”
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# 10 U.S.C. § 2680 - Minimum capital investment for facilities sustainment, restoration, and modernization for military departments
## Text
(a) Minimum Investment.— Beginning in fiscal year 2027, and each fiscal year thereafter, each Secretary of a military department shall—
(1) calculate (in accordance with subsection (b)) the cumulative plant replacement value of the total inventory of covered facilities on each military installation under the jurisdiction of the Secretary concerned; and
(2) invest in the budget for facilities sustainment, restoration, and modernization of that military department, a total amount equal to not less than the percentage specified in subsection (c) of the cumulative plant replacement value described in paragraph (1).
(b) Exclusion.— In making any calculation pursuant to paragraph (1) of subsection (a), each Secretary of a military department shall exclude any covered facility under the jurisdiction of such Secretary that is scheduled for demolition during the two-year period beginning after the date of such calculation.
(c) Percentage Specified.— The percentage of the specified in this subsection is—
(1) for fiscal year 2027, 1.75 percent;
(2) for fiscal year 2028, 2.5 percent;
(3) for fiscal year 2029, 3.25 percent; and
(4) for fiscal year 2030 and each subsequent fiscal year, 4 percent.
(d) Certification.— As part of the annual budget submission of the President under section 1105(a) of title 31, each Secretary of each military department shall include—
(1) a certification to the congressional defense committees that the military department is in compliance with this section; and
(2) a list of covered facilities under the jurisdiction of that Secretary, disaggregated by military installation and location, that are scheduled for demolition during the two-year period beginning after the date of the submission of such budget, which shall include cost and schedule estimates.
(e) Definitions.— In this section:
(1) The term “covered facility” means a facility (as defined in section 2801 of this title), except that such term does not include—
(A) a facility identified as closed, disposed of, or scheduled for divestment from the inventory of the Department of Defense;
(B) a facility in which the Department does not have a total ownership interest, including—
(i) a facility leased by the Department; and
(ii) a facility in which the Department has a lesser property interest under a governing legal instrument; or
(C) a facility for which the Department uses—
(i) nonappropriated funds; or
(ii) amounts appropriated or otherwise made available for military family housing.
(2) The term “plant replacement value” means, with respect to a covered facility, the cost to replace the covered facility using amounts appropriated for facilities sustainment, restoration, and modernization from the following accounts:
(A) Operation and maintenance.
(B) Military construction.
(C) Research, development, test, and evaluation.
(D) Working capital funds.
(Added Pub. L. 118159, div. B, title XXVIII, § 2841(a), Dec. 23, 2024, 138 Stat. 2262; amended Pub. L. 11960, div. B, title XXVIII, § 2841, Dec. 18, 2025, 139 Stat. 1316.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2680, added Pub. L. 102190, div. B, title XXVIII, § 2863(a)(1), Dec. 5, 1991, 105 Stat. 1560; amended Pub. L. 103160, div. B, title XXVIII, § 2807(a), Nov. 30, 1993, 107 Stat. 1887; Pub. L. 104106, div. B, title XXVIII, § 2820(a), (b), Feb. 10, 1996, 110 Stat. 556; Pub. L. 10665, div. A, title X, § 1067(1), div. B, title XXVIII, § 2811, Oct. 5, 1999, 113 Stat. 774, 851; Pub. L. 107314, div. A, title X, § 1062(a)(13), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108136, div. A, title X, § 1031(a)(31), Nov. 24, 2003, 117 Stat. 1600, related to leases of land for special operations activities, prior to repeal by Pub. L. 111383, div. B, title XXVIII, § 2814(a), Jan. 7, 2011, 124 Stat. 4464. Another prior section 2680, added Pub. L. 87651, title I, § 112(c), Sept. 7, 1962, 76 Stat. 511; amended Pub. L. 89718, § 20, Nov. 2, 1966, 80 Stat. 1118, authorized reimbursement of moving expenses to owners of property acquired for public works projects, prior to repeal by Pub. L. 91646, title II, § 220(a)(3), Jan. 2, 1971, 84 Stat. 1903. See section 4601 et seq. of Title 42, The Public Health and Welfare.
Amendments2025—Subsec. (a)(1). Pub. L. 11960, § 2841(1), substituted “total inventory of covered facilities” for “total inventory of facilities”. Subsec. (b). Pub. L. 11960, § 2841(2), substituted “covered facility” for “facility”. Subsec. (d)(2). Pub. L. 11960, § 2841(3), substituted “covered facilities” for “facilities”. Subsec. (e). Pub. L. 11960, § 2841(4), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “In this section, the term plant replacement value means, with respect to a facility, the cost to replace such facility using construction costs (including labor and materials) and standards (including methodologies and codes) in effect as of the date such cost is calculated.”
Statutory Notes and Related Subsidiaries
Effect of RepealPub. L. 111383, div. B, title XXVIII, § 2814(b), Jan. 7, 2011, 124 Stat. 4464, provided that: “The amendment made by subsection (a) [repealing former section 2680 of this title] shall not affect the validity of any contract entered into under section 2680 of title 10, United States Code, on or before September 30, 2005.”
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# 10 U.S.C. § 2681 - Renumbered § 4175]
## Notes
Editorial Notes
Prior ProvisionsA prior section 2681, added Pub. L. 87651, title II, § 209(a), Sept. 7, 1962, 76 Stat. 523; amended Pub. L. 88174, title V, § 508, Nov. 7, 1963, 77 Stat. 326; Pub. L. 96513, title V, § 511(93), Dec. 12, 1980, 94 Stat. 2928, related to construction or acquisition of family housing and community facilities in foreign countries, prior to repeal by Pub. L. 97214, §§ 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date.
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# 10 U.S.C. § 2682 - Facilities for defense agencies
## Text
(a) Maintenance and Repair.— Subject to subsection (c), the maintenance and repair of a real property facility for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense will be accomplished by or through a military department designated by the Secretary of Defense.
(b) Jurisdiction.— Subject to subsection (c), a real property facility under the jurisdiction of the Department of Defense which is used by an activity or agency of the Department of Defense (other than a military department) shall be under the jurisdiction of a military department designated by the Secretary of Defense.
(c) Facilities for Intelligence Collection or for Special Operations Abroad.— (1) The Secretary of Defense may waive the requirements of subsections (a) and (b) if necessary to provide security for authorized intelligence collection or special operations activities abroad undertaken by the Department of Defense.
(2) Not later than 48 hours after using the waiver authority under paragraph (1) for any facility for intelligence collection conducted under the authorities of the Department of Defense or special operations activity, the Secretary of Defense shall submit, in an electronic medium pursuant to section 480 of this title, to the appropriate congressional committees a notice of the use of the authority, including the justification for the waiver and the estimated cost of the project for which the waiver applies.
(3) In this subsection, the term “appropriate congressional committees” means the following:
(A) With respect to a waiver regarding special operations activities, the congressional defense committees.
(B) With respect to a waiver regarding intelligence collection conducted under the authorities of the Department of Defense—
(i) the congressional defense committees; and
(ii) the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
(4) The waiver authority provided by paragraph (1) expires December 31, 2020.
(Added Pub. L. 88174, title VI, § 609(a)(1), Nov. 7, 1963, 77 Stat. 329; amended Pub. L. 97214, § 10(a)(7), July 12, 1982, 96 Stat. 175; Pub. L. 11281, div. A, title IX, § 926, Dec. 31, 2011, 125 Stat. 1541; Pub. L. 11492, div. A, title XVI, § 1632, Nov. 25, 2015, 129 Stat. 1111; Pub. L. 11591, div. B, title XXVIII, § 2811(f), Dec. 12, 2017, 131 Stat. 1848.)
## Notes
Editorial Notes
Amendments2017—Subsec. (c)(2). Pub. L. 11591 substituted “, in an electronic medium pursuant to section 480 of this title, to the appropriate congressional committees a notice” for “to the appropriate congressional committees written notification”. 2015—Subsecs. (a), (b). Pub. L. 11492, § 1632(b)(2), repealed Pub. L. 11281, § 926(b). See 2011 Amendment notes below. Subsec. (c). Pub. L. 11492, § 1632(b)(2), repealed Pub. L. 11281, § 926(b). See 2011 Amendment note below. Pub. L. 11492, § 1632(a), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (c)(4). Pub. L. 11492, § 1632(b)(1), added par. (4). 2011—Pub. L. 11281, § 926(a)(1), (2), designated first and second sentences as subsecs. (a) and (b), respectively, inserted headings, and realigned margins of subsec. (b). Subsec. (a). Pub. L. 11281, § 926(b)(1), which directed the substitution of “The maintenance and repair” for “Subject to subsection (c), the maintenance and repair”, subject to effective date set out in Effective Date of 2011 Amendment note below, was repealed by Pub. L. 11492, § 1632(b)(2). Pub. L. 11281, § 926(a)(1), substituted “Subject to subsection (c), the maintenance and repair” for “The maintenance and repair”. Subsec. (b). Pub. L. 11281, § 926(b)(2), which directed the substitution of “A real property” for “Subject to subsection (c), a real property”, subject to effective date set out in Effective Date of 2011 Amendment note below, was repealed by Pub. L. 11492, § 1632(b)(2). Pub. L. 11281, § 926(a)(3), substituted “Subject to subsection (c), a real property” for “A real property”. Subsec. (c). Pub. L. 11281, § 926(b)(3), which directed the striking out of subsec. (c), subject to effective date set out in Effective Date of 2011 Amendment note below, was repealed by Pub. L. 11492, § 1632(b)(2). Pub. L. 11281, § 926(a)(4), added subsec. (c). 1982—Pub. L. 97214 substituted “maintenance and repair” for “construction, maintenance, rehabilitation, repair, alteration, addition, expansion, or extension”.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentPub. L. 11281, div. A, title IX, § 926(b), Dec. 31, 2011, 125 Stat. 1541, as amended by Pub. L. 113291, div. A, title XVI, § 1624, Dec. 19, 2014, 128 Stat. 3633, which provided in part that the amendments made to this section by section 926(b) were to be effective on the later of Sept. 30, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, was repealed by Pub. L. 11492, div. A, title XVI, § 1632(b)(2), Nov. 25, 2015, 129 Stat. 1112.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97214, set out as an Effective Date note under section 2801 of this title.
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# 10 U.S.C. § 2683 - Relinquishment of legislative jurisdiction; minimum drinking age on military installations
## Text
(a) Notwithstanding any other provision of law, the Secretary concerned may, whenever he considers it desirable, relinquish to a State, or to a Commonwealth, territory, or possession of the United States, all or part of the legislative jurisdiction of the United States over lands or interests under his control in that State, Commonwealth, territory, or possession. Relinquishment of legislative jurisdiction under this section may be accomplished (1) by filing with the Governor (or, if none exists, with the chief executive officer) of the State, Commonwealth, territory, or possession concerned a notice of relinquishment to take effect upon acceptance thereof, or (2) as the laws of the State, Commonwealth, territory, or possession may otherwise provide.
(b) The authority granted by subsection (a) is in addition to and not instead of that granted by any other provision of law.
(c) (1) Except as provided in paragraphs (2) and (3), the Secretary concerned shall establish and enforce as the minimum drinking age on a military installation located in a State the age established by the law of that State as the State minimum drinking age.
(2) (A) In the case of a military installation located—
(i) in more than one State; or
(ii) in one State but within 50 miles of another State or Mexico or Canada,
the Secretary concerned may establish and enforce as the minimum drinking age on that military installation the lowest applicable age.
(B) In subparagraph (A), the term “lowest applicable age” means the lowest minimum drinking age established by the law—
(i) of a State in which a military installation is located; or
(ii) of a State or jurisdiction of Mexico or Canada that is within 50 miles of such military installation.
(3) (A) The commanding officer of a military installation may waive the requirement of paragraph (1) if such commanding officer determines that the exemption is justified by special circumstances.
(B) The Secretary of Defense shall define by regulations what constitute special circumstances for the purposes of this paragraph.
(4) In this subsection:
(A) The term “State” includes the District of Columbia.
(B) The term “minimum drinking age” means the minimum age or ages established for persons who may purchase, possess, or consume alcoholic beverages.
(Added Pub. L. 91511, title VI, § 613(1), Oct. 26, 1970, 84 Stat. 1226; amended Pub. L. 92545, title VIII, § 707, Oct. 25, 1972, 86 Stat. 1154; Pub. L. 93283, § 3, May 14, 1974, 88 Stat. 141; Pub. L. 99145, title XII, § 1224(a), (b)(1), (c)(1), Nov. 8, 1985, 99 Stat. 728, 729; Pub. L. 99661, div. A, title XIII, § 1343(a)(18), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100526, title I, § 106(b)(2), Oct. 24, 1988, 102 Stat. 2625.)
## Notes
Editorial Notes
Amendments1988—Subsec. (c)(2)(B). Pub. L. 100526, § 106(b)(2)(A), substituted “the term lowest applicable age ” for “ lowest age ”. Subsec. (c)(4)(A). Pub. L. 100526, § 106(b)(2)(B)(i), substituted “The term State ” for “ State ”. Subsec. (c)(4)(B). Pub. L. 100526, § 106(b)(2)(B)(ii), substituted “The term minimum ” for “ Minimum ”. 1986—Subsec. (b). Pub. L. 99661 struck out “this” before “subsection (a)”. 1985—Pub. L. 99145, § 1224(c)(1), inserted “; minimum drinking age on military installations” in section catchline. Subsec. (b). Pub. L. 99145, § 1224(b)(1), substituted “subsection (a)” for “section”. Subsec. (c). Pub. L. 99145, § 1224(a), added subsec. (c). 1974—Subsec. (a). Pub. L. 93283 substituted “Secretary concerned” for “Secretary of a military department”. 1972—Subsec. (a). Pub. L. 92545 provided for relinquishment of all or part of legislative jurisdiction of the United States over lands or interests to Commonwealths, territories, or possessions of the United States.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentPub. L. 99145, title XII, § 1224(d), Nov. 8, 1985, 99 Stat. 729, provided that: “The amendments made by this section [amending this section and provisions set out as a note under section 113 of this title] shall take effect 90 days after the date of the enactment of this Act [Nov. 8, 1985].”
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# 10 U.S.C. § 2684 - Cooperative agreements for management of cultural resources
## Text
(a) Authority.— The Secretary of Defense or the Secretary of a military department may enter into a cooperative agreement with a State or local government or other entity for the preservation, management, maintenance, and improvement of cultural resources located on a site authorized by subsection (b) and for the conduct of research regarding the cultural resources. Activities under the cooperative agreement shall be subject to the availability of funds to carry out the cooperative agreement.
(b) Authorized Cultural Resources Sites.— To be covered by a cooperative agreement under subsection (a), cultural resources must be located—
(1) on a military installation; or
(2) on a site outside of a military installation, but only if the cooperative agreement will directly relieve or eliminate current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on a military installation.
(c) Application of Other Laws.— Section 1535 and chapter 63 of title 31 shall not apply to a cooperative agreement entered into under this section.
(d) Cultural Resource Defined.— In this section, the term “cultural resource” means any of the following:
(1) A building, structure, site, district, or object eligible for or included in the National Register of Historic Places maintained under section 302101 of title 54.
(2) Cultural items, as that term is defined in section 2(3) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(3)).
(3) An archaeological resource, as that term is defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)).
(4) An archaeological artifact collection and associated records covered by section 79 of title 36, Code of Federal Regulations.
(5) An Indian sacred site, as defined in section 1(b)(iii) of Executive Order No. 13007.
(Added Pub. L. 104201, div. B, title XXVIII, § 2862(a), Sept. 23, 1996, 110 Stat. 2804; amended Pub. L. 10585, div. A, title X, § 1073(a)(58), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 110181, div. B, title XXVIII, § 2824, Jan. 28, 2008, 122 Stat. 545; Pub. L. 113287, § 5(b), Dec. 19, 2014, 128 Stat. 3264; Pub. L. 11492, div. A, title X, § 1081(a)(10), Nov. 25, 2015, 129 Stat. 1001.)
## Notes
Editorial Notes
References in TextExecutive Order No. 13007, referred to in subsec. (d)(5), is set out under section 1996 of Title 42, The Public Health and Welfare.
Prior ProvisionsA prior section 2684, added Pub. L. 93166, title V, § 509(a), Nov. 29, 1973, 87 Stat. 677, related to construction of family quarters and limitations on space, prior to repeal by Pub. L. 97214, §§ 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See section 2826 of this title.
Amendments2015—Subsec. (d)(1). Pub. L. 11492 substituted “section 302101 of title 54” for “section 2023.01 of title 54”. 2014—Subsec. (d)(1). Pub. L. 113287, which directed the substitution of “section 2023.01 of title 54” for “section 101(a) of the National Historic Preservation Act (16 U.S.C. 470a(a))” in subsec. (c)(1), was executed by making the substitution in subsec. (d)(1) to reflect the probable intent of Congress and the prior redesignation of subsec. (c) as (d) by Pub. L. 110181, § 2824(a)(2). See 2008 Amendment note below. 2008—Subsec. (a). Pub. L. 110181, § 2824(a)(1), substituted “located on a site authorized by subsection (b)” for “on military installations”. Subsecs. (b) to (d). Pub. L. 110181, § 2824(a)(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Subsec. (d)(5). Pub. L. 110181, § 2824(b), added par. (5). 1997—Subsec. (b). Pub. L. 10585 struck out “, United States Code,” after “title 31”.
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# 10 U.S.C. § 2685 - Adjustment of or surcharge on selling prices in commissary stores to provide funds for construction and improvement of commissary store facilities
## Text
(a) Adjustment or Surcharge Authorized.— Notwithstanding any other provision of law, the Secretary of Defense may, for the purposes of this section, provide for an adjustment of, or surcharge on, sales prices of goods and services sold in commissary store facilities.
(b) Use for Construction, Repair, Improvement, and Maintenance.— (1) The Secretary of Defense may use the proceeds from the adjustments or surcharges authorized by subsection (a) only—
(A) to acquire (including acquisition by lease), construct, convert, expand, improve, repair, maintain, and equip the physical infrastructure of commissary stores and central product processing facilities of the defense commissary system; and
(B) to cover environmental evaluation and construction costs related to activities described in paragraph (1), including costs for surveys, administration, overhead, planning, and design.
(2) In paragraph (1), the term “physical infrastructure” includes real property, utilities, and equipment (installed and free standing and including computer equipment), necessary to provide a complete and usable commissary store or central product processing facility.
(c) Advance Obligation.— The Secretary of Defense, with the approval of the Director of the Office of Management and Budget, may obligate anticipated proceeds from the adjustments or surcharges authorized by subsection (a) for any use specified in subsection (b) or (d), without regard to fiscal year limitations, if the Secretary determines that such obligation is necessary to carry out any use of such adjustments or surcharges specified in subsection (b) or (d).
(d) Cooperation With Nonappropriated Fund Instrumentalities.— (1) The Secretary of Defense may authorize a nonappropriated fund instrumentality of the United States to enter into a contract for construction of a shopping mall or similar facility for a commissary store and one or more nonappropriated fund instrumentality activities. The Secretary may use the proceeds of adjustments or surcharges authorized by subsection (a) to reimburse the nonappropriated fund instrumentality for the portion of the cost of the contract that is attributable to construction of the commissary store or to pay the contractor directly for that portion of such cost.
(2) In paragraph (1), the term “construction”, with respect to a facility, includes acquisition, conversion, expansion, installation, or other improvement of the facility.
(e) Other Sources of Funds for Construction and Improvements.— Revenues received by the Secretary of Defense from the following sources or activities of commissary store facilities shall be available for the purposes set forth in subsections (b), (c), and (d):
(1) Sale of recyclable materials.
(2) Sale of excess and surplus property.
(3) License fees.
(4) Royalties.
(5) Fees paid by sources of products in order to obtain favorable display of the products for resale, known as business related management fees.
(Added Pub. L. 93552, title VI, § 611, Dec. 27, 1974, 88 Stat. 1765; amended Pub. L. 9582, title VI, § 614, Aug. 1, 1977, 91 Stat. 380; Pub. L. 97321, title VIII, § 804, Oct. 15, 1982, 96 Stat. 1572; Pub. L. 103337, div. B, title XXVIII, § 2851, Oct. 5, 1994, 108 Stat. 3072; Pub. L. 10585, div. A, title III, § 374, Nov. 18, 1997, 111 Stat. 1707; Pub. L. 106398, § 1 [[div. A], title III, § 333(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A60.)
## Notes
Editorial Notes
Amendments2000—Subsec. (a). Pub. L. 106398, § 1 [[div. A], title III, § 333(b)(1)], substituted “Secretary of Defense” for “Secretary of a military department, under regulations established by him and approved by the Secretary of Defense,”. Subsec. (b). Pub. L. 106398, § 1 [[div. A], title III, § 333(a)], amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary of a military department, under regulations established by him and approved by the Secretary of Defense, may use the proceeds from the adjustments or surcharges authorized by subsection (a) to acquire, construct, convert, expand, install, or otherwise improve commissary store facilities at defense installations and for related environmental evaluation and construction costs, including surveys, administration, overhead, planning, and design.” Subsec. (c). Pub. L. 106398, § 1 [[div. A], title III, § 333(b)(2)], substituted “Secretary of Defense, with the approval of” for “Secretary of a military department, with the approval of the Secretary of Defense and” and “Secretary determines” for “Secretary of the military department determines”. Subsec. (d)(1). Pub. L. 106398, § 1 [[div. A], title III, § 333(b)(3)], substituted “Secretary of Defense” for “Secretary of a military department”. 1997—Subsecs. (a) to (d). Pub. L. 10585, § 374(b), inserted subsec. headings. Subsec. (e). Pub. L. 10585, § 374(a), added subsec. (e). 1994—Subsec. (c). Pub. L. 103337, § 2851(b), inserted “or (d)” after “subsection (b)” in two places. Subsec. (d). Pub. L. 103337, § 2851(a), added subsec. (d). 1982—Subsec. (c). Pub. L. 97321 added subsec. (c). 1977—Subsec. (b). Pub. L. 9582 struck out “within the United States” after “defense installations”.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentPub. L. 106398, § 1 [[div. A], title III, § 333(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A60, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2001.”
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# 10 U.S.C. § 2686 - Utilities and services: sale; expansion and extension of systems and facilities
## Text
(a) Under such regulations and for such periods and at such prices as he may prescribe, the Secretary concerned or his designee may sell or contract to sell to purchasers within or in the immediate vicinity of an activity of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, any of the following utilities and related services, if it is determined that they are not available from another local source and that the sale is in the interest of national defense or in the public interest:
(1) Electric power.
(2) Steam.
(3) Compressed air.
(4) Water.
(5) Sewage and garbage disposal.
(6) Natural, manufactured, or mixed gas.
(7) Ice.
(8) Mechanical refrigeration.
(9) Telephone service.
(b) Proceeds of sales under subsection (a) shall be credited to the appropriation currently available for the supply of that utility or service.
(c) To meet local needs the Secretary concerned may make minor expansions and extensions of any distributing system or facility within an activity through which a utility or service is furnished under subsection (a).
(Aug. 10, 1956, ch. 1041, 70A Stat. 141, § 2481; Pub. L. 86156, Aug. 14, 1959, 73 Stat. 338; renumbered § 2686, Pub. L. 10585, div. A, title III, § 371(b)(1), Nov. 18, 1997, 111 Stat. 1705; Pub. L. 116283, div. A, title IX, § 924(b)(2)(A)(viii), Jan. 1, 2021, 134 Stat. 3821.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 2481(a)5:626s.5:626s1 (less words between semicolon and colon).10:1269.July 30, 1947, ch. 394, 61 Stat. 675; Aug. 8, 1949, ch. 403, § 5, 63 Stat. 576. 10:1269a (less words between semicolon and colon). 34:553a. 34:553b (less words between semicolon and colon). 2481(b)5:626s1 (words between semicolon and colon). 10:1269a (words between semicolon and colon). 34:553b (words between semicolon and colon). 2481(c)5:626s2. 10:1269b. 34:553c. In subsection (a), the words “within his establishment”, “of time”, and the opening clauses of 5:626s1, 10:1269a, and 34:553b, are omitted as surplusage. The words “not available from another local source” are substituted for the words “not otherwise available from local private or public sources”. In subsection (b), the words “of sales under subsection (a)” are substituted for the words “received for any such utilities and related services sold pursuant to the authority of said sections”. The words “or appropriations” are omitted as surplusage.
Editorial Notes
Prior ProvisionsA prior section 2686, added Pub. L. 9582, title V, § 504(a)(1), Aug. 1, 1977, 91 Stat. 371; amended Pub. L. 95356, title V, § 503(a), Sept. 8, 1978, 92 Stat. 579; Pub. L. 96125, title V, § 502(a), Nov. 26, 1979, 93 Stat. 940; Pub. L. 96418, title V, § 504(a), Oct. 10, 1980, 94 Stat. 1765, related to military family housing leases, prior to repeal by Pub. L. 97214, §§ 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See section 2828(a), (b) of this title.
Amendments2021—Subsec. (a). Pub. L. 116283 substituted “Marine Corps, Space Force,” for “Marine Corps,” in introductory provisions. 1997—Pub. L. 10585 renumbered section 2481 of this title as this section. 1959—Subsec. (a). Pub. L. 86156, § 1(1), substituted “concerned” for “of a military department” and inserted “or Coast Guard,” after “Marine Corps,”. Subsec. (c). Pub. L. 86156, § 1(2), struck out “of the military department” after “Secretary”.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 10 U.S.C. § 2687a - Overseas base closures and realignments and status of United States overseas military locations
## Text
(a) Annual Report on Status of Overseas Closures and Realignments and Overseas Military Locations.— (1) At the same time that the budget is submitted under section 1105(a) of title 31 for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on—
(A) the status of overseas base closure and realignment actions undertaken as part of a global defense posture realignment strategy; and
(B) the status of overseas military locations, whether such a location is designated as an enduring location or contingency location.
(2) To satisfy the reporting requirement specified in paragraph (1)(B), a report under paragraph (1) shall contain the following:
(A) A list of overseas military locations. For any overseas military location established during the previous fiscal year, the reasons for the establishment of the overseas military location.
(B) A description of the strategic goal and operational requirements supported by each overseas military location.
(C) A list of each construction or facility improvement project carried out by the Department of Defense regardless of the funding source, and each construction or facility improvement project accepted as a payment-in-kind, at overseas military locations during the previous fiscal year if the construction or facility improvement project was not specifically authorized in a Military Construction Authorization Act or congressional notice of the construction or facility improvement project was not provided by another means. Each construction or facility improvement project on the list shall be delineated by project location, project title or description, project cost, including costs covered by the host country, and authority used to undertake the project.
(D) For each overseas military location first designated as an enduring location in one of the previous two required reports, a list of required construction and facility improvement projects anticipated to be carried out by the Department of Defense directly or through the acceptance of payments-in-kind during the fiscal year in which the report is submitted and the next four fiscal years. Each construction or facility improvement project on the list shall be delineated by project location, project title or description, estimated project cost, including costs anticipated to be covered by the host country, and authority to be used to undertake the project.
(E) An overview of any annual lease or access costs to the United States for each overseas military location designated as an enduring location.
(F) A description of any plans to transition an existing contingency overseas military location to an enduring overseas military location, or to upgrade or downgrade the designation of an existing enduring or contingency overseas military location, during the fiscal year in which the report is submitted.
(G) A list of any overseas military locations that, during the previous fiscal year, were transferred to the control of security forces of the host country or another military force, closed, or for any other reason no longer used by the armed forces, including a summary of any costs associated with the transfer or closure of the overseas military location.
(H) A summary of any force protection risks identified for cooperative security locations and contingency locations, the actions proposed to mitigate such risks, and the resourcing and implementation plan to implement the mitigation actions.
(I) Such other such matters related to overseas military locations as the Secretary of Defense considers appropriate.
(3) In this subsection:
(A) (i) The term “overseas military location” covers both enduring locations and contingency locations established outside the United States.
(ii) An enduring location is primarily characterized either by the presence of permanently assigned United States forces with robust infrastructure and quality of life amenities to support that presence, by the sustained presence of allocated United States forces with infrastructure and quality of life amenities consistent with that presence, or by the periodic presence of allocated United States forces with little or no permanent United States military presence or controlled infrastructure. Enduring locations include main operating bases, forward operating sites, and cooperative security locations.
(iii) A contingency location refers to a location outside of the United States that is not covered by subparagraph (B), but that is used by United States forces to support and sustain operations during named and unnamed contingency operations or other operations as directed by appropriate authority and is categorized by mission life-cycle requirements as initial, temporary, or semi-permanent.
(B) (i) The term “construction or facility improvement project” includes any construction, development, conversion, or extension of a building, structure, or other improvement to real property carried out at an overseas military location, whether to satisfy temporary or permanent requirements, and any acquisition of land for an overseas military location.
(ii) The term does not include repairs to a building, structure, or other improvement to real property, unless the building, structure, or other improvement cannot effectively be used for its designated functional purpose in the absence of the repairs.
(4) The Secretary of Defense shall prepare the report under paragraph (1) in coordination with the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition and Sustainment.
(5) A report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary.
(b) Department of Defense Overseas Military Facility Investment Recovery Account.— (1) Except as provided in subsection (c), amounts paid to the United States, pursuant to any treaty, status of forces agreement, or other international agreement to which the United States is a party, for the residual value of real property or improvements to real property used by civilian or military personnel of the Department of Defense shall be deposited into the Department of Defense Overseas Military Facility Investment Recovery Account.
(2) Money deposited in the Department of Defense Overseas Military Facility Investment Recovery Account shall be available to the Secretary of Defense for payment, as provided in appropriation Acts, of costs incurred by the Department of Defense in connection with—
(A) military construction, facility maintenance and repair, and environmental restoration at military installations in the United States; and
(B) military construction, facility maintenance and repair, and compliance with applicable environmental laws at military installations outside the United States at which the Secretary anticipates the United States will have an enduring presence.
(3) Funds in the Department of Defense Overseas Facility Investment Recovery Account shall remain available until expended.
(4) Not later than December 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report detailing all expenditures made from the Department of Defense Overseas Facility Investment Recovery Account during the preceding fiscal year.
(c) Treatment of Amounts Corresponding to the Value of Property Purchased With Nonappropriated Funds.— In the case of a payment referred to in subsection (b)(1) for the residual value of real property or improvements at an overseas military facility, the portion of the payment that is equal to the depreciated value of the investment made with nonappropriated funds shall be deposited in the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100526; 10 U.S.C. 2687 note). The Secretary of Defense may use amounts in the account (in such an aggregate amount as is provided in advance by appropriation Acts) for the purpose of acquiring, constructing, or improving commissary stores and nonappropriated fund instrumentalities.
(d) OMB Review of Proposed Overseas Basing Settlements.— (1) The Secretary of Defense may not enter into an agreement of settlement with a host country regarding the release to the host country of improvements made by the United States to facilities at an installation located in the host country until 30 days after the date on which the Secretary submits the proposed settlement to the Director of the Office of Management and Budget. The prohibition set forth in the preceding sentence shall apply only to agreements of settlement for improvements having a value in excess of $10,000,000. The Director shall evaluate the overall equity of the proposed settlement. In evaluating the proposed settlement, the Director shall consider such factors as the extent of the United States capital investment in the improvements being released to the host country, the depreciation of the improvements, the condition of the improvements, and any applicable requirements for environmental remediation or restoration at the installation.
(2) Each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on each proposed agreement of settlement that was not submitted by the Secretary to the Director of the Office of Management and Budget in the previous year under paragraph (1) because the fair market value of the improvements to be released pursuant to the proposed agreement did not exceed $10,000,000.
(e) Congressional Oversight of Use of Payments-In-Kind for Construction or Operations.— (1) Before concluding an agreement for acceptance of military construction or facility improvements as a payment-in-kind, the Secretary of Defense shall submit to the congressional defense committees a notification on the proposed agreement. Any such notification shall contain the following:
(A) A description of the military construction project or facility improvement project.
(B) An explanation of the military requirement to be satisfied with the project.
(C) A certification that the project is included in the current future-years defense program.
(2) Before concluding an agreement for acceptance of host country support or host country payment of operating costs of United States forces as a payment-in-kind, the Secretary of Defense shall submit to the congressional defense committees a notification on the proposed agreement. Any such notification shall contain the following:
(A) A description of each activity to be covered by the payment-in-kind.
(B) A certification that the costs to be covered by the payment-in-kind are included in the budget of one or more of the military departments or that it will otherwise be necessary to provide for payment of such costs in a budget of one or more of the military departments in the current or the next fiscal year.
(3) When the Secretary of Defense submits a notification of a proposed agreement under paragraph (1) or (2), the Secretary may then enter into the agreement described in the notification only after the end of the 30-day period beginning on the date on which the notification is submitted or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.
(f) Acceptance of Military Construction Projects As Payments-In-Kind and In-Kind Contributions.— (1) (A) Except as provided in subparagraph (B), a military construction project costing more than $6,000,000 may be accepted as payment-in-kind or as an in-kind contribution required by a bilateral agreement with a host country only if that military construction project is authorized by law.
(B) Subparagraph (A) does not apply to a military construction project that—
(i) was specified in a bilateral agreement with a host country that was entered into before December 26, 2013;
(ii) was the subject of negotiation between the United States and a host country as of the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2015; or
(iii) was accepted as payment-in-kind for the residual value of improvements made by the United States at military installations released to the host country under section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101510; 10 U.S.C. 2687 note) before December 26, 2013.
(2) (A) If the Secretary of Defense accepts a military construction project to be built for Department of Defense personnel outside the United States as a payment-in-kind or an in-kind contribution required by a bilateral agreement with a host country, the Secretary shall submit to the congressional defense committees a written notification at least 30 days before the initiation date for any such military construction project.
(B) A notification under subparagraph (A) with respect to a proposed military construction project shall include the following:
(i) The requirements for, and purpose and description of, the proposed project.
(ii) The cost of the proposed project.
(iii) The scope of the proposed project.
(iv) The schedule for the proposed project.
(v) Such other details as the Secretary considers relevant.
(C) Subparagraph (A) shall not apply to a military construction project authorized in a Military Construction Authorization Act.
(3) To the extent that a payment-in-kind or an in-kind contribution is provided under a bilateral agreement with a host country with respect to a military construction project for which funds have already been obligated or expended by the Secretary of Defense, the Secretary shall return to the Treasury funds in an amount equal to the value of the funds already obligated or expended for the project.
(4) In this subsection, the term “military construction project” has the meaning given such term in section 2801 of this title.
(g) Definitions.— In this section:
(1) The term “fair market value of the improvements” means the value of improvements determined by the Secretary of Defense on the basis of their highest use.
(2) The term “improvements” includes new construction of facilities and all additions, improvements, modifications, or renovations made to existing facilities or to real property, without regard to whether they were carried out with appropriated or nonappropriated funds.
(3) The term “nonappropriated funds” means funds received from—
(A) the adjustment of, or surcharge on, selling prices at commissary stores fixed under section 2685 of this title; or
(B) a nonappropriated fund instrumentality.
(4) The term “nonappropriated fund instrumentality” means an instrumentality of the United States under the jurisdiction of the armed forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the armed forces.
(Added Pub. L. 11184, div. B, title XXVIII, § 2822(a)(1), Oct. 28, 2009, 123 Stat. 2665; amended Pub. L. 111383, div. A, title X, § 1075(b)(44), Jan. 7, 2011, 124 Stat. 4371; Pub. L. 112239, div. A, title X, § 1076(f)(34), Jan. 2, 2013, 126 Stat. 1954; Pub. L. 11366, div. B, title XXVIII, § 2807(a), Dec. 26, 2013, 127 Stat. 1008; Pub. L. 113291, div. B, title XXVIII, § 2803(a), Dec. 19, 2014, 128 Stat. 3696; Pub. L. 11492, div. A, title X, § 1081(a)(11), (b)(7), Nov. 25, 2015, 129 Stat. 1001, 1002; Pub. L. 114328, div. B, title XXVIII, § 2811(a), (c), Dec. 23, 2016, 130 Stat. 2715, 2716; Pub. L. 11591, div. A, title X, § 1081(d)(15), Dec. 12, 2017, 131 Stat. 1600; Pub. L. 116283, div. B, title XXVIII, § 2822(a)(b)(2), Jan. 1, 2021, 134 Stat. 43304332.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Military Construction Authorization Act for Fiscal Year 2015, referred to in subsec. (f)(1)(B)(ii), is the date of enactment of div. B of Pub. L. 113291, which was approved Dec. 19, 2014.
Amendments2021—Pub. L. 116283, § 2822(b)(2), amended section catchline generally, substituting “Overseas base closures and realignments and status of United States overseas military locations” for “Overseas base closures and realignments and basing master plans”. Subsec. (a). Pub. L. 116283, § 2822(a)(1), substituted “Overseas Military Locations” for “Master Plans” in heading. Subsec. (a)(1)(B). Pub. L. 116283, § 2822(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “the status of development and execution of comprehensive master plans for overseas military main operating bases, forward operating sites, and cooperative security locations.” Subsec. (a)(2) to (5). Pub. L. 116283, § 2822(a)(3), added pars. (2) to (5) and struck out former par. (2) which related to elements of annual status report of overseas closures and realignments and master plans. Subsec. (e)(2). Pub. L. 116283, § 2822(b)(1), substituted “host country” for “host nation” in two places in introductory provisions. 2017—Subsec. (f). Pub. L. 11591, § 1081(d)(15), amended Pub. L. 114328, § 2811(c). See 2016 Amendment note below. 2016—Subsec. (f). Pub. L. 114328, § 2811(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to authorized use of payments-in-kind and in-kind contributions. Pub. L. 114328, § 2811(c), as amended by Pub. L. 11591, § 1081(d)(15), repealed Pub. L. 113291, § 2803(a). See 2014 Amendment note below. 2015—Subsec. (d)(2). Pub. L. 11492, § 1081(a)(11), inserted “fair market” before “value”. Subsec. (f). Pub. L. 11492, § 1081(b)(7), amended Pub. L. 113291, § 2803(a). See 2014 Amendment note below. 2014—Subsec. (f). Pub. L. 113291, § 2803(a), as amended by Pub. L. 11492, § 1081(b)(7), which amended subsec. (f) generally by substituting provisions related to authorized use of payments-in-kind and in-kind contributions for provisions related to authorized use of payments-in-kind, was repealed by Pub. L. 114328, § 2811(c), as amended by Pub. L. 11591, § 1081(d)(15). 2013—Pub. L. 11366, § 2807(a), amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) which related to an annual status report of overseas base closures, realignments, and basing master plans and required elements of the report, respectively. Subsec. (a). Pub. L. 112239, § 1076(f)(34)(A), substituted “Foreign Relations” for “Foreign relations”. Subsec. (b)(1). Pub. L. 112239, § 1076(f)(34)(B), struck out comma after “including” and substituted “the Treaty” for “The Treaty”. 2011—Subsec. (a). Pub. L. 111383 substituted “31 for” for “31for” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentPub. L. 11591, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that the amendment made by section 1081(d)(15) is effective as of Dec. 23, 2016, and as if included in Pub. L. 114328 as enacted.
Effective Date of 2015 AmendmentPub. L. 11492, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b)(7) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113291 as enacted.
Effective Date of 2014 AmendmentPub. L. 113291, div. B, title XXVIII, § 2803(d), Dec. 19, 2014, 128 Stat. 3697, which provided the effective date for the amendments made by section 2803 of Pub. L. 113291, was repealed by Pub. L. 114328, div. B, title XXVIII, § 2811(c), Dec. 23, 2016, 130 Stat. 2716.
Repeal of 2014 AmendmentPub. L. 114328, div. B, title XXVIII, § 2811(c), Dec. 23, 2016, 130 Stat. 2716, as amended by Pub. L. 11591, div. A, title X, § 1081(d)(15), Dec. 12, 2017, 131 Stat. 1600, provided that: “Section 2803 of the Carl Levin and Howard Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113291; 128 Stat. 3696) [amending this section and section 2802 of this title and enacting provisions set out as a note under this section] is repealed.”
Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114328, set out as a note under section 111 of this title.
Notice Relating to Contracts or Other Agreements To Establish an Enduring Location in a Foreign CountryPub. L. 11960, div. B, title XXVIII, § 2890, Dec. 18, 2025, 139 Stat. 1334, provided that: “Not later than 30 days after the date on which the Secretary of Defense, a Secretary of a military department, or a combatant commander enters into a contract or other agreement to establish an enduring location (as described in section 2687a of title 10, United States Code) in a foreign country for purposes of supporting members of the Armed Forces in such foreign country, the Secretary of Defense shall submit to appropriate congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a notification of such action.”
Prohibition Relating to Closure or Return to Host Nation of Existing Military Installations, Infrastructure, or Real Property in EuropePub. L. 116283, div. B, title XXVIII, § 2828, Jan. 1, 2021, 134 Stat. 4338, provided that: “(a) Prohibition on Closure or Return.—Except as provided by subsection (b), the Secretary of Defense shall not implement any activity that closes or returns to the host nation any military installation, infrastructure, or real property in Europe that, as of the date of enactment of this Act [Jan. 1, 2021], is under the operational control of the Department of Defense or a military department and is utilized by the United States Armed Forces. “(b) Waiver and Exception.—The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary certifies to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that there is no longer a foreseeable need for the military installation, infrastructure, or real property, or a portion of the military installation in the case of a partial closure and return of a military installation, to support a permanent or rotational United States military presence in the European theater.”
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# 10 U.S.C. § 2691 - Restoration of land used by permit or damaged by mishap; reimbursement of State costs of fighting wildland fires
## Text
(a) Restoration of Other Agency Land Used by Permit.— The Secretary of the military department concerned may remove improvements and take any other action necessary in the judgment of the Secretary to restore land used by that military department by permit from another military department or Federal agency if the restoration is required by the permit making that land available to the military department. The Secretary concerned may carry out this section using funds available for operations and maintenance or for military construction.
(b) Screening for Use of Improved Land.— Unless otherwise prohibited by law or the terms of the permit, before restoration of any land under subsection (a) is begun, the Secretary concerned shall determine, under the provisions of subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, whether another military department or Federal agency has a use for the land in its existing, improved state. During the period required to make such a determination, the Secretary may provide for maintenance and repair of improvements on the land to the standards established for excess property by the Administrator of General Services.
(c) Restoration of Department of Defense Land Used by Other Agency.— (1) As a condition of any permit, license, or other grant of access entered into by the Secretary of a military department with another Federal agency authorizing the agency to use lands under the control of the Secretary, the Secretary may require the agency to agree to remove any improvements and to take any other action necessary in the judgment of the Secretary to restore the land used by the agency to its condition before its use by the agency.
(2) In lieu of performing any removal or restoration work under paragraph (1), a Federal agency may elect, with the consent of the Secretary, to reimburse the Secretary for the costs incurred by the military department in performing such removal or restoration work.
(d) Wildland Fires on State Land.— The Secretary of Defense may, in any lease, permit, license, or other grant of access for use of lands owned by a State, agree to reimburse the State for the reasonable costs of the State in suppressing wildland fires caused by the activities of the Department of Defense under such lease, permit, license, or other grant of access.
(e) Restoration of Land Damaged by Mishap.— (1) When land under the administrative jurisdiction of a Federal agency that is not a part of the Department of Defense is damaged as the result of a mishap involving a vessel, aircraft, or vehicle of the Department of Defense, the Secretary of Defense may, with the consent of the Federal agency, restore the land.
(2) When land under the administrative jurisdiction of the Department of Defense or a military department is damaged as the result of a mishap involving a vessel, aircraft, or vehicle of a Federal agency that is not a part of the Department of Defense, the head of the Federal agency under whose control the vessel, aircraft, or vehicle was operating may, with the consent of the Department of Defense, restore the land.
(3) The authority under paragraphs (1) and (2) includes activities and expenditures necessary to complete restoration to meet the regulations of the Federal department or agency with administrative jurisdiction over the affected land, which may be different than the regulations of the Department of Defense.
(Added Pub. L. 98407, title VIII, § 804(a), Aug. 28, 1984, 98 Stat. 1519; amended Pub. L. 99145, title XIII, § 1303(a)(17), Nov. 8, 1985, 99 Stat. 739; Pub. L. 105261, div. B, title XXVIII, § 2812(a), (b)(1), Oct. 17, 1998, 112 Stat. 2205; Pub. L. 107217, § 3(b)(15), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 111350, § 5(b)(46), Jan. 4, 2011, 124 Stat. 3846; Pub. L. 11591, div. B, title XXVIII, § 2814(a), (b), Dec. 12, 2017, 131 Stat. 1849, 1850; Pub. L. 115232, div. A, title III, § 353, title X, § 1081(a)(27), Aug. 13, 2018, 132 Stat. 1731, 1985; Pub. L. 117263, div. A, title X, § 1081(a)(3), Dec. 23, 2022, 136 Stat. 2797.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117263 substituted “State” for “state” in section catchline. 2018—Pub. L. 115232, § 1081(a)(27), substituted “state” for “State” in section catchline. Subsec. (e)(3). Pub. L. 115232, § 353, added par. (3). 2017—Pub. L. 11591, § 2814(b)(1), substituted “damaged by mishap; reimbursement of State costs of fighting wildland fires” for “lease” in section catchline. Subsec. (a). Pub. L. 11591, § 2814(a)(1), (b)(2), inserted heading and struck out “or lease” after “permit” in two places. Subsec. (b). Pub. L. 11591, § 2814(a)(2), (b)(3), inserted heading and struck out “or lease” after “permit”. Subsec. (c). Pub. L. 11591, § 2814(b)(4), inserted heading. Subsec. (c)(1). Pub. L. 11591, § 2814(a)(3), struck out “lease,” before “permit,”. Subsecs. (d), (e). Pub. L. 11591, § 2814(a)(4), added subsecs. (d) and (e). 2011—Subsec. (b). Pub. L. 111350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”. 2002—Subsec. (b). Pub. L. 107217 inserted “subtitle I of title 40 and title III of” before “the Federal Property and Administrative Services Act of 1949” and substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”. 1998—Pub. L. 105261, § 2812(b)(1), struck out “from other agencies” after “lease” in section catchline. Subsec. (c). Pub. L. 105261, § 2812(a), added subsec. (c). 1985—Pub. L. 99145 substituted “used by” for “used of” in section catchline.
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# 10 U.S.C. § 2692 - Storage, treatment, and disposal of nondefense toxic and hazardous materials
## Text
(a) (1) Except as otherwise provided in this section, the Secretary of Defense may not permit the use of an installation of the Department of Defense for the storage, treatment, or disposal of any material that is a toxic or hazardous material and that is not owned either by the Department of Defense or by a member of the armed forces (or a dependent of the member) assigned to or provided military housing on the installation.
(2) The Secretary of Defense shall define by regulation what materials are hazardous or toxic materials for the purposes of this section, including specification of the quantity of a material that serves to make it hazardous or toxic for the purposes of this section. The definition shall include materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of that Act (42 U.S.C. 9602) and shall include materials that are of an explosive, flammable, or pyrotechnic nature.
(b) Subsection (a) does not apply to the following:
(1) The storage, treatment, or disposal of materials that will be or have been used in connection with an activity of the Department of Defense or in connection with a service to be performed on an installation of the Department for the benefit of the Department.
(2) The storage of strategic and critical materials in the National Defense Stockpile under an agreement for such storage with the Administrator of General Services.
(3) The temporary storage or disposal of explosives in order to protect the public or to assist agencies responsible for Federal, State, or local law enforcement in storing or disposing of explosives when no alternative solution is available, if such storage or disposal is made in accordance with an agreement between the Secretary of Defense and the head of the Federal, State, or local agency concerned.
(4) The temporary storage or disposal of explosives in order to provide emergency lifesaving assistance to civil authorities.
(5) The disposal of excess explosives produced under a Department of Defense contract, if the head of the military department concerned determines, in each case, that an alternative feasible means of disposal is not available to the contractor, taking into consideration public safety, available resources of the contractor, and national defense production requirements.
(6) The temporary storage of nuclear materials or nonnuclear classified materials in accordance with an agreement with the Secretary of Energy.
(7) The storage of materials that constitute military resources intended to be used during peacetime civil emergencies in accordance with applicable Department of Defense regulations.
(8) The temporary storage of materials of other Federal agencies in order to provide assistance and refuge for commercial carriers of such material during a transportation emergency.
(9) The storage of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the authorized and compatible use of a facility of the Department of Defense, including the use of such a facility for testing material or training personnel.
(10) The treatment and disposal of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the authorized and compatible use of a facility of that military department and the Secretary enters into a contract or agreement with the prospective user that—
(A) is consistent with the best interest of national defense and environmental security; and
(B) provides for the prospective users continued financial and environmental responsibility and liability with regard to the material.
(11) The storage of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the use of a space launch facility located on an installation of the Department of Defense or on other land controlled by the United States.
(c) The Secretary of Defense may grant exceptions to subsection (a) when essential to protect the health and safety of the public from imminent danger if the Secretary otherwise determines the exception is essential and if the storage or disposal authorized does not compete with private enterprise.
(d) (1) The Secretary may assess a charge for any storage or disposal provided under this section. Any such charge shall be on a reimbursable cost basis.
(2) In the case of storage under this section authorized because of an imminent danger, the storage provided shall be temporary and shall cease once the imminent danger no longer exists. In all other cases of storage or disposal authorized under this section, the storage or disposal authorized shall be terminated as determined by the Secretary.
(Added Pub. L. 98407, title VIII, § 805(a), Aug. 28, 1984, 98 Stat. 1520; amended Pub. L. 102484, div. B, title XXVIII, § 2852, Oct. 23, 1992, 106 Stat. 2625; Pub. L. 103337, div. A, title III, § 325, Oct. 5, 1994, 108 Stat. 2711; Pub. L. 10585, div. A, title III, § 343(a)(g)(2), Nov. 18, 1997, 111 Stat. 1686, 1687; Pub. L. 10665, div. A, title X, § 1066(a)(25), Oct. 5, 1999, 113 Stat. 772; Pub. L. 109364, div. A, title X, § 1071(a)(21), Oct. 17, 2006, 120 Stat. 2399.)
## Notes
Editorial Notes
Amendments2006—Subsec. (b)(9). Pub. L. 109364 substituted “testing material” for “testing materiel”. 1999—Subsec. (b). Pub. L. 10665 substituted “apply to the following:” for “apply to—” in introductory provisions, “The” for “the” at the beginning of each of pars. (1) to (11), a period for the semicolon at the end of each of pars. (1) to (9), and a period for “; and” at the end of par. (10). 1997—Pub. L. 10585, § 343(g)(2), substituted “Storage, treatment, and” for “Storage and” in section catchline. Subsec. (a)(1). Pub. L. 10585, § 343(g)(1), substituted “storage, treatment, or disposal” for “storage or disposal”. Pub. L. 10585, § 343(a), substituted “either by the Department of Defense or by a member of the armed forces (or a dependent of the member) assigned to or provided military housing on the installation” for “by the Department of Defense”. Subsec. (b)(1), (2). Pub. L. 10585, § 343(b), added par. (1) and redesignated former par. (1) as (2). Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 10585, § 343(b)(1), (c), redesignated par. (2) as (3) and substituted “Federal, State, or local law enforcement” for “Federal law enforcement” and “Federal, State, or local agency” for “Federal agency”. Former par. (3) redesignated (4). Subsec. (b)(4) to (8). Pub. L. 10585, § 343(b)(1), redesignated pars. (3) to (7) as (4) to (8), respectively. Former par. (8) redesignated (9). Subsec. (b)(9). Pub. L. 10585, § 343(b)(1), (d), redesignated par. (8) as (9) and substituted “in connection with the authorized and compatible use of a” for “by a private person in connection with the authorized and compatible use by that person of an industrial-type” and “, including the use of such a facility for testing materiel or training personnel;” for “; and”. Former par. (9) redesignated (10). Subsec. (b)(10). Pub. L. 10585, § 343(b)(1), (e), redesignated par. (9) as (10) and substituted “in connection with the authorized and compatible use of a” for “by a private person in connection with the authorized and compatible commercial use by that person of an industrial-type”, “or agreement with the prospective user” for “with that person”, “for the prospective users” for “for that persons”, and “; and” for period at end. Subsec. (b)(11). Pub. L. 10585, § 343(f), added par. (11). 1994—Subsec. (b)(9). Pub. L. 103337 added par. (9). 1992—Subsec. (b)(8). Pub. L. 102484 added par. (8).
Statutory Notes and Related Subsidiaries
Savings ProvisionPub. L. 10585, div. A, title III, § 343(h), Nov. 18, 1997, 111 Stat. 1688, provided that: “Nothing in the amendments made by this section [amending this section] is intended to modify environmental laws or laws relating to the siting of facilities.”
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# 10 U.S.C. § 2693 - Sentinel Landscapes Partnership
## Text
(a) Establishment.— The Secretary of Defense, in coordination with the Secretary of Agriculture, the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners in the program, may establish and carry out a program to preserve and restore sentinel landscapes. The program shall be known as the “Sentinel Landscapes Partnership”.
(b) Designation of Sentinel Landscapes.— The Secretary of Defense, the Secretary of Agriculture, the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners in the Sentinel Landscapes Partnership may, as such Secretaries and other heads determine appropriate, collectively designate one or more sentinel landscapes.
(c) Coordination of Activities.— In carrying out this section, the Secretaries and the other heads of Federal departments and agencies may coordinate actions between their departments and agencies and with other Federal, State, interstate, and local agencies, Indian Tribes, and private entities to more efficiently work together for the mutual benefit of conservation, resilience, working lands, and national defense, and to encourage owners and managers of land to engage in voluntary land management, resilience, and conservation activities that contribute to the sustainment of military installations, State-owned National Guard installations, and associated airspace.
(d) Priority Consideration.— In carrying out this section, the Secretaries and the other heads of Federal departments and agencies may give to any eligible owner or manager of land within a designated sentinel landscape priority consideration for participation in any easement, grant, or assistance program administered by that Secretary or head. Participation by an eligible owner or manager of land in any such program pursuant to this section shall be voluntary.
(e) Participation by Other Agencies.— Other Federal agencies with programs addressing conservation or resilience may, and are encouraged to—
(1) participate in the activities of the Sentinel Landscapes Partnership; and
(2) become full partners in the Sentinel Landscapes Partnership.
(f) Rule of Construction.— Nothing in this section may be construed to require an owner or manager of land, including a private landowner or agricultural producer, to participate in any land management, resilience, or conservation activity under this section.
(g) Definitions.— In this section:
(1) Military installation.— The term “military installation” has the same meaning as provided in section 100(1) of the Sikes Act (16 U.S.C. 670(1)).
(2) State-owned national guard installation.— The term “State-owned National Guard installation” has the same meaning as provided in section 100(3) of the Sikes Act (16 U.S.C. 670(3)).
(3) Sentinel landscape.— The term “sentinel landscape” means a landscape-scale area encompassing—
(A) one or more military installations or state-owned National Guard installations and associated airspace; and
(B) the publicly and privately owned lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense missions of a military installation or State-owned National Guard installation.
(4) Resilience.— The term “resilience” means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfire, or other anticipated or unanticipated changes in environmental conditions.
(Added and amended Pub. L. 11831, div. A, title III, § 311(a), (b), Dec. 22, 2023, 137 Stat. 213, 214.)
## Notes
Editorial Notes
Codification Section, as added and amended by section 311(a) and (b) of Pub. L. 11831, is based on Pub. L. 11591, div. A, title III, § 317(a)(f), Dec. 12, 2017, 131 Stat. 1351, 1352, as amended by Pub. L. 11781, div. A, title III, § 317(a), Dec. 27, 2021, 135 Stat. 1631, which was formerly set out as a note under section 2684a of this title before being transferred to this chapter and renumbered as this section. Another section 317(f) of Pub. L. 11591 repealed section 312(b) of Pub. L. 11366, see Termination of 2013 Amendment note under section 2684a of this title.
Prior ProvisionsA prior section 2693, added Pub. L. 101647, title XVIII, § 1802(a), Nov. 29, 1990, 104 Stat. 4849; amended Pub. L. 107107, div. A, title X, § 1048(a)(26)(A), (B)(i), Dec. 28, 2001, 115 Stat. 1224, 1225; Pub. L. 109364, div. B, title XXVIII, § 2825(b), Oct. 17, 2006, 120 Stat. 2476, related to conveyance of real property or facility for utilization under the correctional options program, prior to repeal by Pub. L. 109364, div. B, title XXVIII, § 2825(c)(2), Oct. 17, 2006, 120 Stat. 2477. See section 2696(f) of this title. Another prior section 2693 was renumbered section 2465 of this title.
Amendments2023—Pub. L. 11831, § 311(a), transferred section 317 of Pub. L. 11591, as amended, to this chapter and renumbered it as this section. See Codification note above. Subsec. (a). Pub. L. 11831, § 311(b)(1), substituted “, the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners in the program” for “and the Secretary of the Interior”. Subsec. (b). Pub. L. 11831, § 311(b)(2), substituted “the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners in the Sentinel Landscapes Partnership may, as such Secretaries and other heads” for “and the Secretary of the Interior, may, as the Secretaries”. Subsec. (c). Pub. L. 11831, § 311(b)(3), amended subsec. (c) generally. Prior to amendment, text read as follows: “The Secretaries may coordinate actions between their departments and with other agencies and private organizations to more efficiently work together for the mutual benefit of conservation, resilience, working lands, and national defense, and to encourage private landowners to engage in voluntary land management, resilience, and conservation activities that contribute to the sustainment of military installations, ranges, and airspace.” Subsec. (d). Pub. L. 11831, § 311(b)(4), substituted “In carrying out this section, the Secretaries and the other heads of Federal departments and agencies may give to any eligible owner or manager of land within a designated sentinel landscape priority consideration for participation in any easement, grant, or assistance program administered by that Secretary or head.” for “The Secretary of Agriculture and the Secretary of the Interior may give to any eligible landowner or agricultural producer within a designated sentinel landscape priority consideration for participation in any easement, grant, or assistance programs administered by that Secretarys department.” and “an eligible owner or manager of land” for “an eligible landowner or agricultural producer”. Subsec. (f). Pub. L. 11831, § 311(b)(6), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 11831, § 311(b)(5), redesignated subsec. (f) as (g). Subsec. (g)(1). Pub. L. 11831, § 311(b)(7)(A), substituted “section 100(1) of the Sikes Act (16 U.S.C. 670(1))” for “section 670(1) of title 16, United States Code”. Subsec. (g)(2). Pub. L. 11831, § 311(b)(7)(B), substituted “section 100(3) of the Sikes Act (16 U.S.C. 670(3))” for “section 670(3) of title 16, United States Code”. Subsec. (g)(3)(B). Pub. L. 11831, § 311(b)(7)(C), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the working or natural lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense test and training missions of the military- or State-owned National Guard installation or installations.”
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# 10 U.S.C. § 2694 - Conservation and cultural activities
## Text
(a) Establishment.— The Secretary of Defense may establish and carry out a program to conduct and manage in a coordinated manner the conservation and cultural activities described in subsection (b).
(b) Activities.— (1) A conservation or cultural activity eligible for the program that the Secretary establishes under subsection (a) is any activity—
(A) that has regional or Department of Defense-wide significance and that involves more than one military department or involves a sentinel landscape;
(B) that is necessary to meet legal requirements or to support military operations or that would contribute to maintaining or improving military installation resilience;
(C) that can be more effectively managed at the Department of Defense level; and
(D) for which no executive agency has been designated responsible by the Secretary.
(2) Such activities include the following:
(A) The development of ecosystem-wide land management plans or nature-based climate resilience plans.
(B) The conduct of wildlife studies to ensure the safety and sustainability of military operations.
(C) The identification and return of Native American human remains and cultural items in the possession or control of the Department of Defense, or discovered on land under the jurisdiction of the Department, to the appropriate Native American tribes.
(D) The control of invasive species that may hinder military activities or degrade military training ranges.
(E) The establishment of a regional curation system for artifacts found on military installations.
(F) The implementation of ecosystem-wide land management plans—
(i) for a single ecosystem—
(I) that encompasses at least two non-contiguous military installations, if those military installations are not all under the administrative jurisdiction of the same Secretary of a military department; and
(II) providing synergistic benefits unavailable if the installations acted separately; or
(ii) for one or more ecosystems within a sentinel landscape.
(c) Cooperative Agreements.— The Secretary may negotiate and enter into cooperative agreements with public and private agencies, organizations, institutions, individuals, or other entities to carry out the program established under subsection (a).
(d) Effect on Other Laws.— Nothing in this section shall be construed or interpreted as preempting any otherwise applicable Federal, State, or local law or regulation relating to the management of natural and cultural resources on military installations.
(e) Sentinel Landscape Defined.— In this section, the term “sentinel landscape” has the meaning given that term in section 2693(g) of this title.
(Added Pub. L. 104201, div. A, title III, § 332(a)(1), Sept. 23, 1996, 110 Stat. 2484; amended Pub. L. 10585, div. A, title X, § 1073(a)(59), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 11281, div. B, title XXVIII, § 2814, Dec. 31, 2011, 125 Stat. 1688; Pub. L. 11781, div. A, title III, § 317(c), Dec. 27, 2021, 135 Stat. 1632; Pub. L. 11831, div. A, title III, § 311(c)(2), Dec. 22, 2023, 137 Stat. 215.)
## Notes
Editorial Notes
Amendments2023—Subsec. (e). Pub. L. 11831 substituted “meaning given that term in section 2693(g) of this title” for “meaning given that term in section 317(f) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 11591; 10 U.S.C. 2684a note)”. 2021—Subsec. (b)(1)(A). Pub. L. 11781, § 317(c)(1)(A)(i), inserted “or involves a sentinel landscape” before semicolon at end. Subsec. (b)(1)(B). Pub. L. 11781, § 317(c)(1)(A)(ii), inserted “or that would contribute to maintaining or improving military installation resilience” before semicolon at end. Subsec. (b)(2)(A). Pub. L. 11781, § 317(c)(1)(B)(i), inserted “or nature-based climate resilience plans” before period at end. Subsec. (b)(2)(F)(i). Pub. L. 11781, § 317(c)(1)(B)(ii)(I), inserted a dash after “single ecosystem”, designated remaining existing provisions as subcl. (I), redesignated provisions of existing cl. (ii) as subcl. (II) of cl. (i), and realigned margins. Subsec. (b)(2)(F)(ii). Pub. L. 11781, § 317(c)(1)(B)(ii)(II), added cl. (ii). Former cl. (ii) redesignated cl. (i)(II). Subsec. (e). Pub. L. 11781, § 317(c)(2), added subsec. (e). 2011—Subsec. (b)(2)(B). Pub. L. 11281, § 2814(1), inserted “and sustainability” after “safety”. Subsec. (b)(2)(F). Pub. L. 11281, § 2814(2), added subpar. (F). 1997—Subsec. (b)(1)(D). Pub. L. 10585 substituted “executive agency” for “executive ageny”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 104201, div. A, title III, § 332(b), Sept. 23, 1996, 110 Stat. 2485, provided that: “Section 2694 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1996.”
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description: "Conveyance of surplus real property for natural resource conservation"
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# 10 U.S.C. § 2694a - Conveyance of surplus real property for natural resource conservation
## Text
(a) Authority to Convey.— The Secretary of a military department may convey to an eligible entity described in subsection (b) any surplus real property that—
(1) is under the administrative control of the Secretary;
(2) is suitable and desirable for conservation purposes;
(3) has been made available for public benefit transfer for a sufficient period of time to potential claimants; and
(4) is not subject to a pending request for transfer to another Federal agency or for conveyance to any other qualified recipient for public benefit transfer under the real property disposal processes and authorities under subtitle I of title 40.
(b) Eligible Entities.— The conveyance of surplus real property under this section may be made to any of the following:
(1) A State or political subdivision of a State.
(2) A nonprofit organization that exists for the primary purpose of conservation of natural resources on real property.
(c) Reversionary Interest and Other Deed Requirements.— (1) The deed of conveyance of any surplus real property conveyed under this section shall require the property to be used and maintained for the conservation of natural resources in perpetuity. If the Secretary concerned determines at any time that the property is not being used or maintained for such purpose, then, at the option of the Secretary, all or any portion of the property shall revert to the United States.
(2) The deed of conveyance may permit the recipient of the property—
(A) to convey the property to another eligible entity, subject to the approval of the Secretary concerned and subject to the same covenants and terms and conditions as provided in the deed from the United States; and
(B) to conduct incidental revenue-producing activities on the property that are compatible with the use of the property for conservation purposes.
(3) The deed of conveyance may contain such additional terms, reservations, restrictions, and conditions as the Secretary concerned considers appropriate to protect the interests of the United States.
(d) Release of Covenants.— With the concurrence of the Secretary of Interior, the Secretary concerned may grant a release from a covenant included in the deed of conveyance of real property conveyed under this section, subject to the condition that the recipient of the property pay the fair market value, as determined by the Secretary concerned, of the property at the time of the release of the covenant. The Secretary concerned may reduce the amount required to be paid under this subsection to account for the value of the natural resource conservation benefit that has accrued to the United States during the period the covenant was in effect, if the benefit was not taken into account in determining the original consideration for the conveyance.
(e) Notice and Wait Requirements.— The Secretary concerned may not approve of the reconveyance of real property under subsection (c) or grant the release of a covenant under subsection (d) until after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notice of the proposed reconveyance or release.
(f) Limitations.— The conveyance of real property under this section shall not be used as a condition of allowing any defense activity under any Federal, State, or local permitting or review process. The Secretary concerned may make the conveyance, with the restrictions specified in subsection (c), to establish a mitigation bank, but only if the establishment of the mitigation bank does not occur in order to satisfy any condition for permitting military activity under a Federal, State, or local permitting or review process.
(g) Consideration.— In fixing the consideration for the conveyance of real property under this section, or in determining the amount of any reduction of the amount to be paid for the release of a covenant under subsection (d), the Secretary concerned shall take into consideration any benefit that has accrued or may accrue to the United States from the use of such property for the conservation of natural resources.
(h) Relation to Other Conveyance Authorities.— (1) The Secretary concerned may not make a conveyance under this section of any real property to be disposed of under a base closure law in a manner that is inconsistent with the requirements and conditions of the base closure law.
(2) In the case of real property on Guam, the Secretary concerned may not make a conveyance under this section unless the Government of Guam has been first afforded the opportunity to acquire the real property as authorized by section 1 of Public Law 106504 (114 Stat. 2309).
(i) Definitions.— In this section:
(1) The term “appropriate committees of Congress” has the meaning given such term in section 2801 of this title.
(2) The term “Secretary concerned” means the Secretary of a military department.
(3) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, Guam, the Virgin Islands, and American Samoa.
(Added Pub. L. 107314, div. B, title XXVIII, § 2812(a)(1), Dec. 2, 2002, 116 Stat. 2707; amended Pub. L. 109163, div. A, title X, § 1056(a)(1), (b), Jan. 6, 2006, 119 Stat. 3438, 3439; Pub. L. 109364, div. A, title X, § 1071(a)(22), Oct. 17, 2006, 120 Stat. 2399; Pub. L. 111383, div. B, title XXVIII, § 2803(a), Jan. 7, 2011, 124 Stat. 4458; Pub. L. 11591, div. B, title XXVIII, § 2811(h), Dec. 12, 2017, 131 Stat. 1849.)
## Notes
Editorial Notes
References in TextSection 1 of Public Law 106504 (114 Stat. 2309), referred to in subsec. (h)(2), is set out as a note under section 521 of Title 40, Public Buildings, Property, and Works.
Amendments2017—Subsec. (e). Pub. L. 11591 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “The Secretary concerned may not approve of the reconveyance of real property under subsection (c) or grant the release of a covenant under subsection (d) until the Secretary notifies the appropriate committees of Congress of the proposed reconveyance or release and a period of 21 days elapses from the date the notification is received by the committees or, if earlier, a period of 14 days has elapsed from the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.” 2011—Subsec. (e). Pub. L. 111383 inserted before period at end “or, if earlier, a period of 14 days has elapsed from the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”. 2006—Subsec. (c). Pub. L. 109364 substituted “Reversionary” for “Revisionary” in heading. Subsec. (i)(2) to (4). Pub. L. 109163 struck out par. (2), which defined “base closure law”, redesignated pars. (3) and (4) as (2) and (3), respectively, and, in par. (3), substituted “Guam, the Virgin Islands, and American Samoa” for “and the territories and possessions of the United States”.
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# 10 U.S.C. § 2694b - Participation in wetland mitigation banks
## Text
(a) Authority to Participate.— The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the destruction of, or an adverse impact to, a wetland, may make payments to a wetland mitigation banking program or “in-lieu-fee” mitigation sponsor approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995) or the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66913; November 7, 2000), or any successor administrative guidance or regulation.
(b) Alternative to Creation of Wetland.— Participation in a wetland mitigation banking program or consolidated user site under subsection (a) shall be in lieu of mitigating wetland impacts through the creation of a wetland on Federal property.
(c) Treatment of Payments.— Payments made under subsection (a) to a wetland mitigation banking program or consolidated user site may be treated as eligible project costs for military construction.
(Added Pub. L. 108136, div. A, title III, § 314(a)(1), Nov. 24, 2003, 117 Stat. 1430.)
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# 10 U.S.C. § 2694c - Participation in conservation banking programs
## Text
(a) Authority to Participate.— Subject to the availability of appropriated funds, the Secretary concerned, when engaged or proposing to engage in an activity described in subsection (b) that may or will result in an adverse impact to one or more species protected (or pending protection) under any applicable provision of law, or habitat for such species, may make payments to a conservation banking program or “in-lieu-fee” mitigation sponsor approved in accordance with—
(1) the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995);
(2) the Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003);
(3) the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66915; November 7, 2000); or
(4) any successor or related administrative guidance or regulation.
(b) Covered Activities.— Payments to a conservation banking program or “in-lieu-fee” mitigation sponsor under subsection (a) may be made only for the purpose of facilitating one or more of the following activities:
(1) Military testing, operations, training, or other military activity.
(2) Military construction.
(c) Treatment of Amounts for Conservation Banking.— Payments made under subsection (a) to a conservation banking program or “in-lieu-fee” mitigation sponsor for the purpose of facilitating military construction may be treated as eligible costs of the military construction project.
(d) Source of Funds.— Amounts available from any of the following shall be available for activities under this section:
(1) Operation and maintenance.
(2) Military construction.
(3) Research, development, test, and evaluation.
(4) The Support for United States Relocation to Guam Account established under section 2824 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110417; 122 Stat. 4730; 10 U.S.C. 2687 note).
(e) Secretary Concerned Defined.— In this section, the term “Secretary concerned” means—
(1) the Secretary of a military department; and
(2) the Secretary of Defense with respect to a Defense Agency.
(Added Pub. L. 110417, [div. A], title III, § 311(a), Oct. 14, 2008, 122 Stat. 4408; amended Pub. L. 11184, div. A, title III, § 311, Oct. 28, 2009, 123 Stat. 2247; Pub. L. 111383, div. A, title X, § 1075(b)(45), Jan. 7, 2011, 124 Stat. 4371.)
## Notes
Editorial Notes
Amendments2011—Subsec. (d)(4). Pub. L. 111383 inserted “Authorization” after “Military Construction”. 2009—Subsec. (a). Pub. L. 11184, § 311(1), struck out “to carry out this section” after “appropriated funds” in introductory provisions. Subsecs. (d), (e). Pub. L. 11184, § 311(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 110417, [div. A], title III, § 311(c), Oct. 14, 2008, 122 Stat. 4409, provided that: “Section 2694c of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2008, and only funds appropriated for fiscal years beginning after September 30, 2008, may be used to carry out such section.”
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# 10 U.S.C. § 2694d - Participation in pollutant banks and water quality trading
## Text
(a) Authority to Participate.— The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the discharge of pollutants, may make payments to a pollutant banking program or water quality trading program approved in accordance with the Water Quality Trading Policy dated January 13, 2003, set forth by the Office of Water of the Environmental Protection Agency, or any successor administrative guidance or regulation.
(b) Treatment of Payments.— Payments made under subsection (a) to a pollutant banking program or water quality trading program may be treated as eligible project costs for military construction.
(c) Discharge of Pollutants Defined.— In this section, the term “discharge of pollutants” has the meaning given that term in section 502(12) of the Federal Water Pollution Control Act (33 U.S.C. 1362(12)) (commonly referred to as the “Clean Water Act”).
(Added Pub. L. 117263, div. A, title III, § 312(a), Dec. 23, 2022, 136 Stat. 2502.)
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# 10 U.S.C. § 2695 - Acceptance of funds to cover administrative expenses relating to certain real property transactions
## Text
(a) Authority To Accept.— In connection with a real property transaction referred to in subsection (b) with a non-Federal person or entity, the Secretary of a military department may accept amounts provided by the person or entity to cover administrative expenses incurred by the Secretary in entering into the transaction.
(b) Covered Transactions.— Subsection (a) applies to the following transactions involving real property under the control of the Secretary of a military department:
(1) The exchange of real property.
(2) The grant of an easement over, in, or upon real property of the United States.
(3) The lease or license of real property of the United States.
(4) The disposal of real property of the United States for which the Secretary will be the disposal agent.
(5) The conveyance of real property under section 2694a of this title.
(c) Use of Amounts Collected.— (1) Amounts collected by the Secretary of a military department under subsection (a) for administrative expenses shall be credited, at the option of the Secretary—
(A) to the appropriation, fund, or account from which the expenses were paid; or
(B) to an appropriate appropriation, fund, or account currently available to the Secretary for the purposes for which the expenses were paid.
(2) Amounts credited under paragraph (1) shall be merged with funds in such appropriation, fund, or account and shall be available for the same purposes and subject to the same limitations as the funds with which merged.
(Added Pub. L. 10585, div. B, title XXVIII, § 2813(a), Nov. 18, 1997, 111 Stat. 1993; amended Pub. L. 10665, div. B, title XXVIII, § 2813, Oct. 5, 1999, 113 Stat. 851; Pub. L. 107314, div. B, title XXVIII, § 2812(b), Dec. 2, 2002, 116 Stat. 2709; Pub. L. 113291, div. B, title XXVIII, § 2812(a), Dec. 19, 2014, 128 Stat. 3700.)
## Notes
Editorial Notes
Amendments2014—Subsec. (c)(1). Pub. L. 113291, § 2812(a)(1), substituted “(1) Amounts collected by the Secretary of a military department under subsection (a) for administrative expenses shall be credited, at the option of the Secretary—” and subpars. (A) and (B) for “Amounts collected under subsection (a) for administrative expenses shall be credited to the appropriation, fund, or account from which the expenses were paid.” Subsec. (c)(2). Pub. L. 113291, § 2812(a)(2), substituted “(2) Amounts credited under paragraph (1)” for “Amounts so credited”. 2002—Subsec. (b)(5). Pub. L. 107314 added par. (5). 1999—Subsec. (b). Pub. L. 10665 inserted “involving real property under the control of the Secretary of a military department” after “transactions” in introductory provisions and added par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentPub. L. 113291, div. B, title XXVIII, § 2812(b), Dec. 19, 2014, 128 Stat. 3700, provided that: “The amendments made by subsection (a) [amending this section] shall not apply to administrative expenses related to a real property transaction referred to in section 2695(b) of title 10, United States Code, that were covered by the Secretary of a military department using amounts appropriated to the Secretary before the date of the enactment of this Act [Dec. 19, 2014].”
Administrative Costs of Land ConveyancesPub. L. 106541, title II, § 226, Dec. 11, 2000, 114 Stat. 2598, provided that: “Notwithstanding any other provision of law, the administrative costs associated with the conveyance of property by the Secretary to a non-Federal governmental or nonprofit entity shall be limited to the extent that the Secretary determines that such limitation is necessary to complete the conveyance based on the entitys ability to pay.”
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# 10 U.S.C. § 2696 - Real property: transfer between armed forces and screening requirements for other Federal use
## Text
(a) Transfers Between Armed Forces.— If either of the Secretaries concerned requests it and the other approves, real property may be transferred, without compensation, from one armed force to another. Section 2571(d) of this title shall apply to the transfer of real property under this subsection.
(b) Screening Requirements for Additional Federal Use.— The Secretary concerned may not convey real property that is authorized or required to be conveyed, whether for or without consideration, by any provision of law enacted after December 31, 1997, unless the Administrator of General Services has screened the property for further Federal use in accordance with subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(c) Time for Screening.— (1) Before the end of the 30-day period beginning on the date of the enactment of a provision of law authorizing or requiring the conveyance of a parcel of real property by the Secretary concerned, the Administrator of General Services shall complete the screening referred to in subsection (b) with regard to the real property and notify the Secretary concerned and Congress of the results of the screening. The notice shall include—
(A) the name of the Federal agency requesting transfer of the property;
(B) the proposed use to be made of the property by the Federal agency; and
(C) the fair market value of the property, including any improvements thereon, as estimated by the Administrator.
(2) If the Administrator fails to complete the screening and notify the Secretary concerned and Congress within such period, the Secretary concerned shall proceed with the conveyance of the real property as provided in the provision of law authorizing or requiring the conveyance.
(d) Effect of Submission of Notice.— If the Administrator of General Services submits notice under subsection (c)(1) that further Federal use of a parcel of real property is requested by a Federal agency, the Secretary concerned may not proceed with the conveyance of the real property as provided in the provision of law authorizing or requiring the conveyance until the end of the 180-day period beginning on the date on which the notice is submitted to Congress.
(e) Excepted Conveyance Authorities.— The screening requirements of subsection (b) shall not apply to real property authorized or required to be conveyed under any of the following provisions of law:
(1) A base closure law.
(2) Chapter 5 of title 40.
(3) Any specific provision of law authorizing or requiring the transfer of administrative jurisdiction over a parcel of real property between Federal agencies.
(f) Screening and Conveyance of Property for Correctional Facilities Purposes.— (1) Except as provided in paragraph (2), before any real property or facility of the United States that is under the jurisdiction of any department, agency, or instrumentality of the Department of Defense is determined to be excess to the needs of such department, agency, or instrumentality, the Secretary of Defense shall—
(A) provide adequate notification of the availability of such real property or facility within the Department of Defense;
(B) if the real property or facility remains available after such notification, notify the Attorney General of its availability; and
(C) if the Attorney General certifies to the Secretary of Defense that a determination has been made by the Director of the Bureau of Justice Assistance within the Department of Justice to utilize the real property or facility under the correctional options program carried out under section 515 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3762a),11 See References in Text note below. convey the real property or facility, without reimbursement, to a public agency referred to in paragraph (1) or (3) of subsection (a) of such section for such utilization.
(2) Paragraph (1) shall not apply—
(A) to real property and facilities to which title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100526) is applicable; and
(B) during any portion of a fiscal year after four conveyances have been made under paragraph (1) in such fiscal year.
(Added Pub. L. 10585, div. B, title XXVIII, § 2814(a)(1), Nov. 18, 1997, 111 Stat. 1994; amended Pub. L. 10665, div. A, title X, § 1066(a)(26), Oct. 5, 1999, 113 Stat. 772; Pub. L. 107217, § 3(b)(16), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 108136, div. A, title X, §§ 1031(a)(33), 1043(c)(4), Nov. 24, 2003, 117 Stat. 1600, 1612; Pub. L. 109364, div. B, title XXVIII, § 2825(a), (b)(5), (c)(3), (d)(2)(A), Oct. 17, 2006, 120 Stat. 2476, 2477; Pub. L. 111350, § 5(b)(47), Jan. 4, 2011, 124 Stat. 3846.)
## Notes
Editorial Notes
References in TextSection 515 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (f)(1)(C), is section 515 of title I of Pub. L. 90351, which was classified as section 3762a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as section 10171 of Title 34, Crime Control and Law Enforcement. The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (f)(2)(A), is Pub. L. 100526, Oct. 24, 1988, 102 Stat. 2623. Title II of the Act is set out as a note under section 2687 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 2687 of this title and Tables.
Codification The text of section 2693 of this title, which was transferred to the end of this section and redesignated as subsec. (f), by Pub. L. 109364, § 2825(b)(5), was based on Pub. L. 101647, title XVIII, § 1802(a), Nov. 29, 1990, 104 Stat. 4849; amended Pub. L. 107107, div. A, title X, § 1048(a)(26)(A), (B)(i), Dec. 28, 2001, 115 Stat. 1224, 1225; Pub. L. 109364, div. B, title XXVIII, § 2825(b), Oct. 17, 2006, 120 Stat. 2476.
Amendments2011—Subsec. (b). Pub. L. 111350, which directed substitution of “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” in subsec. (a), was executed by making the substitution in subsec. (b) to reflect the probable intent of Congress. 2006—Pub. L. 109364, § 2825(d)(2)(A), substituted “Real property: transfer between armed forces and screening requirements for other Federal use” for “Screening of real property for further Federal use before conveyance” in section catchline. Subsec. (a). Pub. L. 109364, § 2825(a)(2), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 109364, § 2825(c)(3)(A), substituted “Requirements for Additional Federal Use” for “Requirement” in heading. Pub. L. 109364, § 2825(a)(1), redesignated subsec. (a) as (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 109364, § 2825(a)(1), redesignated subsec. (b) as (c). Subsec. (c)(1). Pub. L. 109364, § 2825(c)(3)(B), substituted “subsection (b)” for “subsection (a)” in introductory provisions. Subsec. (d). Pub. L. 109364, § 2825(c)(3)(C), substituted “subsection (c)(1)” for “subsection (b)(1)”. Subsec. (e). Pub. L. 109364, § 2825(c)(3)(D), substituted “subsection (b)” for “this section” in introductory provisions. Subsec. (f). Pub. L. 109364, § 2825(b)(5), transferred the text of section 2693 of this title to end of this section and redesignated it as subsec. (f). See Codification note above. 2003—Subsec. (b)(1). Pub. L. 108136, § 1031(a)(33)(A)(i), inserted “and Congress” before “of the results” in introductory provisions. Subsec. (b)(2). Pub. L. 108136, § 1031(a)(33)(A)(ii), inserted “and Congress” before “within such period”. Subsec. (c). Pub. L. 108136, § 1031(a)(33)(B), struck out heading and text of subsec. (c). Text read as follows: “If the Administrator of General Services notifies the Secretary concerned under subsection (b) that further Federal use of a parcel of real property authorized or required to be conveyed by any provision of law is requested by a Federal agency, the Secretary concerned shall submit a copy of the notice to Congress.” Subsec. (d). Pub. L. 108136, § 1031(a)(33)(C), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: “If the Secretary concerned submits a notice under subsection (c) with regard to a parcel of real property, the Secretary concerned may not proceed with the conveyance of the real property as provided in the provision of law authorizing or requiring the conveyance if Congress enacts a law rescinding the conveyance authority or requirement before the end of the 180-day period beginning on the date on which the Secretary concerned submits the notice.” Subsec. (e). Pub. L. 108136, § 1043(c)(4), added par. (1), redesignated pars. (5) and (6) as (2) and (3), respectively, and struck out former pars. (1) to (4) which read as follows: “(1) Section 2687 of this title. “(2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100526; 10 U.S.C. 2687 note). “(3) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101510; 10 U.S.C. 2687 note). “(4) Any provision of law authorizing the closure or realignment of a military installation that is enacted after November 18, 1997.” 2002—Subsec. (a). Pub. L. 107217, § 3(b)(16)(A), inserted “subtitle I of title 40 and title III of” before “the Federal Property and Administrative Services Act of 1949” and substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”. Subsec. (e)(5). Pub. L. 107217, § 3(b)(16)(B), substituted “Chapter 5 of title 40” for “Title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)”. 1999—Subsec. (a). Pub. L. 10665, § 1066(a)(26)(A), inserted “enacted after December 31, 1997,” after “any provision of law”. Subsec. (b)(1). Pub. L. 10665, § 1066(a)(26)(B), substituted “referred to in subsection (a)” for “required by paragraph (1)” in introductory provisions. Subsec. (e)(4). Pub. L. 10665, § 1066(a)(26)(C), substituted “November 18, 1997” for “the date of enactment of the National Defense Authorization Act for Fiscal Year 1998”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 10585, div. B, title XXVIII, § 2814(b), Nov. 18, 1997, 111 Stat. 1995, provided that: “Section 2696 of title 10, United States Code, as added by subsection (a) of this section, shall apply with respect to any real property authorized or required to be conveyed under a provision of law covered by such section that is enacted after December 31, 1997.”
Transfer of Functions Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 10142(3) to (6) of Title 34, Crime Control and Law Enforcement, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106113, set out as a note under section 10141 of Title 34.
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# 10 U.S.C. § 2697 - Acceptance and use of landing fees charged for use of military airfields by civil aircraft
## Text
(a) Authority.— The Secretary of a military department may impose landing fees for the use by civil aircraft of military airfields under the jurisdiction of that Secretary and may use any fees received under this section as a source of funding for the operation and maintenance of airfields of that department.
(b) Uniform Landing Fees.— The Secretary of Defense shall prescribe the amount of the landing fees that may be imposed under this section. Such fees shall be uniform among the military departments.
(c) Use of Proceeds.— Amounts received for a fiscal year in payment of landing fees imposed under this section for the use of a military airfield shall be credited to the appropriation that is available for that fiscal year for the operation and maintenance of that military airfield, shall be merged with amounts in the appropriation to which credited, and shall be available for that military airfield for the same period and purposes as the appropriation is available.
(d) Limitation.— The Secretary of a military department shall determine whether consideration for a landing fee has been received in a lease, license, or other real estate agreement for an airfield and shall use such a determination to offset appropriate amounts imposed under subsection (a) for that airfield.
(Added Pub. L. 111383, div. A, title III, § 341(a), Jan. 7, 2011, 124 Stat. 4189; amended Pub. L. 118159, div. B, title XXVIII, § 2846, Dec. 23, 2024, 138 Stat. 2264.)
## Notes
Amendment of SectionPub. L. 118159, div. B, title XXVIII, § 2846(b), Dec. 23, 2024, 138 Stat. 2264, provided that, effective Oct. 1, 2027, this section is amended in the section catchline and subsec. (a) by inserting “domestic” before “military airfields”. See 2024 Amendment notes below.
Editorial Notes
Amendments2024—Pub. L. 118159, § 2846(b)(1), inserted “domestic” before “military airfields” in section catchline. Pub. L. 118159, § 2846(a)(1), struck out “domestic” before “military airfields” in section catchline. Subsec. (a). Pub. L. 118159, § 2846(b)(2), inserted “domestic” before “military airfields”. Pub. L. 118159, § 2846(a)(2), struck out “domestic” before “military airfields”.
Statutory Notes and Related Subsidiaries
Effective Date of 2024 AmendmentPub. L. 118159, div. B, title XXVIII, § 2846(b), Dec. 23, 2024, 138 Stat. 2264, provided that the amendment made by section 2846(b) is effective Oct. 1, 2027.