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US (United States) Code. Title 10. Subtitle A. Part IV. Chapter 159: Real property; related personal property

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-CITE-

10 USC CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL

PROPERTY; AND LEASE OF NON-EXCESS PROPERTY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-MISC1-

Sec.

2661. Miscellaneous administrative provisions relating to real

property.

(2661a. Repealed.)

2662. Real property transactions: reports to congressional

committees.

2663. Acquisition.

2664. Acquisition of property for lumber production.

2665. Sale of certain interests in land; logs.

2666. Acquisition: land purchase contracts; limitation on

commission.

2667. Leases: non-excess property of military departments.

2667a. Leases: non-excess property of Defense agencies.

2668. Easements for rights-of-way.

2669. Easements for rights-of-way: gas, water, sewer pipe lines.

2670. Military installations: use by American National Red Cross;

use as polling places.

2671. Military reservations and facilities: hunting, fishing, and

trapping.

2672. Acquisition: interests in land when cost is not more than

$500,000.

2672a. Acquisition: interests in land when need is urgent.

2673. Acquisition of certain interests in land: availability of

funds.

2674. Operation and control of Pentagon Reservation and defense

facilities in National Capital Region.

2675. Leases: foreign countries.

2676. Acquisition: limitation.

2677. Options: property required for military construction

projects.

2678. Feral horses and burros: removal from military installations.

2679. Representatives of veterans' organizations: use of space and

equipment.

2680. Leases: land for special operations activities.

2681. Use of test and evaluation installations by commercial

entities.

2682. Facilities for defense agencies.

2683. Relinquishment of legislative jurisdiction; minimum drinking

age on military installations.

2684. Cooperative agreements for management of cultural resources.

2684a. Agreements to limit encroachments and other constraints on

military training, testing, and operations.

2685. Adjustment of or surcharge on selling prices in commissary

stores to provide funds for construction and improvement of

commissary store facilities.

2686. Utilities and services: sale; expansion and extension of

systems and facilities.

2687. Base closures and realignments.

2688. Utility systems: conveyance authority.

2689. Development of geothermal energy on military lands.

2690. Fuel sources for heating systems; prohibition on converting

certain heating facilities.

2691. Restoration of land used by permit or lease.

2692. Storage, treatment, and disposal of nondefense toxic and

hazardous materials.

2693. Conveyance of certain property: Department of Justice

correctional options program.

2694. Conservation and cultural activities.

2694a. Conveyance of surplus real property for natural resource

conservation.

2695. Acceptance of funds to cover administrative expenses relating

to certain real property transactions.

2696. Screening of real property for further Federal use before

conveyance.

HISTORICAL AND REVISION NOTES

1962 ACT

This section makes necessary clerical amendments to chapter

analysis.

AMENDMENTS

2002 - Pub. L. 107-314, div. B, title XXVIII, Sec. 2811(b),

2812(a)(2), Dec. 2, 2002, 116 Stat. 2707, 2709, added items 2684a

and 2694a.

2001 - Pub. L. 107-107, div. A, title X, Sec.

1048(a)(26)(B)(ii), title XVI, Sec. 1607(b)(3), Dec. 28, 2001, 115

Stat. 1225, 1280, 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 item 2670 and ''Conveyance of

certain property: Department of Justice correctional options

program'' for ''Conveyance of certain property'' in item 2693.

1998 - Pub. L. 105-261, div. B, title XXVIII, Sec. 2812(b)(2),

Oct. 17, 1998, 112 Stat. 2206, struck out ''from other agencies''

after ''lease'' in item 2691.

1997 - Pub. L. 105-85, div. A, title III, Sec. 343(g)(3),

371(c)(2), title X, Sec. 1061(c)(2), 1062(b), div. B, title

XXVIII, Sec. 2811(b)(2), 2812(b), 2813(b), 2814(a)(2), Nov. 18,

1997, 111 Stat. 1688, 1705, 1891, 1892, 1992-1995, inserted ''of

military departments'' after ''property'' in item 2667, added item

2667a, substituted ''$500,000'' for ''$200,000'' in item 2672,

added items 2686 and 2688, substituted ''Storage, treatment, and''

for ''Storage and'' in item 2692, and added items 2695 and 2696.

1996 - Pub. L. 104-201, div. A, title III, Sec. 332(a)(2),

369(b)(2), div. B, title XXVIII, Sec. 2862(b), Sept. 23, 1996, 110

Stat. 2485, 2498, 2805, substituted ''of Pentagon Reservation and

defense facilities in National Capital Region'' for ''of the

Pentagon Reservation'' in item 2674 and added items 2684 and 2694.

1993 - Pub. L. 103-160, div. A, title VIII, Sec. 846(b), Nov.

30, 1993, 107 Stat. 1723, added item 2681.

1992 - Pub. L. 102-496, title IV, Sec. 403(a)(2)(B), Oct. 24,

1992, 106 Stat. 3185, substituted ''reports to congressional

committees'' for ''Reports to the Armed Services Committees'' in

item 2662.

1991 - Pub. L. 102-190, div. B, title XXVIII, Sec. 2863(a)(2),

Dec. 5, 1991, 105 Stat. 1560, added item 2680.

1990 - Pub. L. 101-647, title XVIII, Sec. 1802(b), Nov. 29, 1990,

104 Stat. 4850, added item 2693.

Pub. L. 101-510, div. A, title XIV, Sec. 1481(h)(2), div. B,

title XXVIII, Sec. 2804(a)(2), Nov. 5, 1990, 104 Stat. 1708, 1785,

added items 2674 and 2678.

1988 - Pub. L. 100-370, Sec. 1(l)(4), 2(b)(2), July 19, 1988, 102

Stat. 849, 854, added items 2661 and 2673 and struck out item 2693

''Prohibition on contracts for performance of firefighting or

security-guard functions''.

1987 - Pub. L. 100-224, Sec. 5(b)(3), Dec. 30, 1987, 101 Stat.

1538, inserted ''; prohibition on converting certain heating

facilities'' after ''systems'' in item 2690.

Pub. L. 100-180, div. A, title XI, Sec. 1112(b)(3), Dec. 4,

1987, 101 Stat. 1147, inserted ''or security-guard'' before

''functions'' in item 2693.

1986 - Pub. L. 99-661, div. A, title XII, Sec. 1205(a)(2),

1222(a)(2), Nov. 14, 1986, 100 Stat. 3972, 3976, substituted ''Fuel

sources for heating systems'' for ''Restriction on fuel sources for

new heating systems'' in item 2690 and added item 2693.

Pub. L. 98-115, title VIII, Sec. 807(c)(2), Oct. 11, 1983, 97

Stat. 789; Pub. L. 99-167, title VIII, Sec. 806(a), Dec. 3, 1985,

99 Stat. 988, struck out item 2667a ''Sale and replacement of

nonexcess real property'', eff. Oct. 1, 1986.

1985 - Pub. L. 99-167, title VIII, Sec. 810(b)(2), Dec. 3, 1985,

99 Stat. 990, substituted ''$200,000'' for ''$100,000'' in item

2672.

Pub. L. 99-145, title XII, Sec. 1224(c)(2), Nov. 8, 1985, 99

Stat. 729, inserted ''; minimum drinking age on military

installations'' in item 2683.

1984 - Pub. L. 98-407, title VIII, Sec. 804(b), 805(b), Aug. 28,

1984, 98 Stat. 1519, 1521, added items 2691 and 2692.

1983 - Pub. L. 98-115, title VIII, Sec. 807(a)(2), Oct. 11, 1983,

97 Stat. 788, added item 2667a.

1982 - Pub. L. 97-321, title VIII, Sec. 805(b)(4), Oct. 15, 1982,

96 Stat. 1573, substituted in item 2689 ''Development of geothermal

energy on military lands'' for ''Development of sources of energy

on or for military installations''.

Pub. L. 97-295, Sec. 1(31)(B), Oct. 12, 1982, 96 Stat. 1296,

struck out item 2661a ''Appropriations for advance planning of

military public works''.

Pub. L. 97-258, Sec. 2(b)(6)(A), Sept. 13, 1982, 96 Stat. 1053,

added item 2661a.

Pub. L. 97-214, Sec. 6(c)(2), 10(a)(4), (5)(C), July 12, 1982, 96

Stat. 173, 175, struck out items 2661 ''Planning and construction

of public works projects by military departments'', 2673

''Restoration or replacement of facilities damaged or destroyed'',

2674 ''Minor construction projects'', 2678 ''Acquisition of

mortgaged housing units'', 2681 ''Construction or acquisition of

family housing and community facilities in foreign countries'',

2684 ''Construction of family quarters; limitations on space'',

2686 ''Leases: military family housing'', and 2688 ''Use of solar

energy systems in new facilities'', substituted ''Options: property

required for military construction projects'' for ''Options:

property required for public works projects of military

departments'' in item 2677, and added items 2689 and 2690.

1980 - Pub. L. 96-513, title V, Sec. 511(89), Dec. 12, 1980, 94

Stat. 2928, struck out item 2680 ''Reimbursement of owners of

property acquired for public works projects for moving expenses''.

Pub. L. 96-418, title VIII, Sec. 806(b), Oct. 10, 1980, 94 Stat.

1777, as amended by Pub. L. 97-22, Sec. 11(c), July 10, 1981, 95

Stat. 138, substituted ''$100,000'' for ''$50,000'' in item 2762.

1979 - Pub. L. 96-125, title VIII, Sec. 804(a)(2), Nov. 26, 1979,

93 Stat. 948, added item 2688.

1977 - Pub. L. 95-82, title V, Sec. 504(a)(2), title VI, Sec.

608(b), 612(b), Aug. 1, 1977, 91 Stat. 371, 378, 380, substituted

''Minor construction projects'' for ''Establishment and development

of military facilities and installations costing less than

$400,000'' in item 2674 and added items 2686 and 2687.

1975 - Pub. L. 94-107, title VI, Sec. 607(1), (9), (10), Oct. 7,

1975, 89 Stat. 566, 567, substituted ''$400,000'' for ''$300,000''

in item 2674, struck out ''; structures not on a military base'' in

item 2675, and added item 2672a.

1974 - Pub. L. 93-552, title VI, Sec. 611, Dec. 27, 1974, 88

Stat. 1765, added item 2685.

1973 - Pub. L. 93-166, title V, Sec. 509(b), Nov. 29, 1973, 87

Stat. 677, added item 2684.

1971 - Pub. L. 92-145, title VII, Sec. 707(2), Oct. 27, 1971, 85

Stat. 411, substituted ''$50,000'' for ''$25,000'' in item 2672.

1970 - Pub. L. 91-511, title VI, Sec. 607(1), 613(2), Oct. 26,

1970, 84 Stat. 1223, 1226, substituted ''$300,000'' for

''$200,000'' in item 2674, and added item 2683.

1963 - Pub. L. 88-174, title VI, Sec. 609(a)(2), Nov. 7, 1963, 77

Stat. 329, added item 2682.

1962 - Pub. L. 87-651, title I, Sec. 112(d), title II, Sec.

209(b), Sept. 7, 1962, 76 Stat. 512, 524, substituted ''$25,000''

for ''$5,000'' in item 2672 and added items 2679 to 2681.

1960 - Pub. L. 86-500, title V, Sec. 511(2), June 8, 1960, 74

Stat. 187, substituted ''Reports to the Armed Services Committees''

for ''Agreement with Armed Services Committees; reports'' in item

2662.

1958 - Pub. L. 85-861, Sec. 1(52), Sept. 2, 1958, 72 Stat. 1461,

added items 2672 to 2678.

Pub. L. 85-337, Sec. 4(2), Feb. 28, 1958, 72 Stat. 29, added item

2671.

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10 USC Sec. 2661 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2661. Miscellaneous administrative provisions relating to real

property

-STATUTE-

(a) 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) 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.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(l)(3), July 19, 1988, 102 Stat.

849.)

-MISC1-

HISTORICAL AND REVISION NOTES

Subsection (a) of this section and sections 2241(a) and 2253(b)

of this title are based on Pub. L. 98-212, title VII, Sec. 735,

Dec. 8, 1983, 97 Stat. 1444, as amended by Pub. L. 98-525, title

XIV, Sec. 1403(a)(2), 1404, Oct. 19, 1984, 98 Stat. 2621.

Subsection (b) is based on Pub. L. 99-190, Sec. 101(b) (title

VIII, Sec. 8005(d), (f)), Dec. 19, 1985, 99 Stat. 1185, 1202.

PRIOR PROVISIONS

A 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. 97-214, Sec. 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.

PILOT PROGRAM TO PROVIDE ADDITIONAL TOOLS FOR EFFICIENT OPERATION

OF MILITARY INSTALLATIONS

Pub. L. 107-107, div. B, title XXVIII, Sec. 2813, Dec. 28, 2001,

115 Stat. 1308, provided that:

''(a) Initiative Authorized. - The Secretary of Defense may carry

out a pilot program (to be 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.

''(b) Designation of Participating Military Installations. - (1)

The Secretary of Defense may designate up to two military

installations of each military department for participation in the

Initiative.

''(2) Before designating a military installation under paragraph

(1), the Secretary shall consult with employees at the installation

and communities in the vicinity of the installation regarding the

Initiative.

''(3) The Secretary shall transmit to Congress written

notification of the designation of a military installation to

participate in the Initiative not later than 30 days before taking

any action to carry out the Initiative at the installation. The

notification shall include a description of the steps taken by the

Secretary to comply with paragraph (2).

''(c) Management Plan. - (1) As part of the notification required

under subsection (b), the Secretary of Defense shall submit a

management plan for the Initiative at the military installation

designated in the notification.

''(2) The management plan for a designated military installation

shall include a description of -

''(A) each proposed lease of real or personal property located

at the military installation;

''(B) each proposed disposal of real or personal property

located at the installation;

''(C) each proposed leaseback of real or personal property

leased or disposed of at the installation;

''(D) each proposed conversion of services at the installation

from Federal Government performance to non-Federal Government

performance, including performance by contract with a State or

local government or private entity or performance as

consideration for the lease or disposal of property at the

installation; and

''(E) each other action proposed to be taken to improve mission

effectiveness and reduce the cost of providing quality

installation support at the installation.

''(3) With respect to each proposed action described under

paragraph (2), the management plan shall include -

''(A) an estimate of the savings expected to be achieved as a

result of the action;

''(B) each regulation not required by statute that is proposed

to be waived to implement the action; and

''(C) each statute or regulation required by statute that is

proposed to be waived to implement the action, including -

''(i) an explanation of the reasons for the proposed waiver;

and

''(ii) a description of the action to be taken to protect the

public interests served by the statute or regulation, as the

case may be, in the event of the waiver.

''(4) The management plan shall include measurable criteria for

the evaluation of the effects of the actions taken pursuant to the

Initiative at the designated military installation.

''(d) Waiver of Statutory Requirements. - The Secretary of

Defense may waive any statute, or regulation required by statute,

for purposes of carrying out the Initiative only if specific

authority for the waiver of such statute or regulation is provided

in a law that is enacted after the date of the enactment of this

Act (Dec. 28, 2001).

''(e) Installation Efficiency Initiative Fund. - (1) There is

established on the books of the Treasury a fund to be known as the

'Installation Efficiency Initiative Fund'.

''(2) There shall be deposited in the Fund all cash rents,

payments, reimbursements, proceeds, and other amounts from leases,

sales, or other conveyances or transfers, joint activities, and

other actions taken under the Initiative.

''(3) To the extent provided in advance in authorization Acts and

appropriations Acts, amounts in the Fund shall be available to the

Secretary of Defense for purposes of managing capital assets and

providing support services at military installations participating

in the Initiative. Amounts in the Fund may be used for such

purposes in addition to, or in combination with, other amounts

authorized to be appropriated for such purposes. Amounts in the

Fund shall be available for such purposes for five years.

''(4) Subject to applicable financial management regulations, the

Secretary shall structure the Fund, and provide administrative

policies and procedures, in order to provide proper control of

deposits in and disbursements from the Fund.

''(f) Report. - Not later than December 31, 2004, the Secretary

of Defense shall submit to Congress a report on the Initiative. The

report shall contain a description of the actions taken under the

Initiative and include such other information, including

recommendations, as the Secretary considers appropriate regarding

the Initiative.

''(g) Definitions. - In this section:

''(1) The term 'Initiative' means the Pilot Efficient

Facilities Initiative.

''(2) The term 'Fund' means the Installation Efficiency

Initiative Fund.

''(3) The term 'military installation' has the meaning given

such term in section 2687(e) of title 10, United States Code.

''(h) Termination. - The authority of the Secretary of Defense to

carry out the Initiative shall terminate December 31, 2005.''

STUDY OF ESTABLISHMENT OF LAND MANAGEMENT AND TRAINING CENTER

Pub. L. 103-337, div. A, title III, Sec. 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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10 USC Sec. 2661a 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

(Sec. 2661a. Repealed. Pub. L. 97-295, Sec. 1(31)(A), Oct. 12,

1982, 96 Stat. 1296)

-MISC1-

Section, added Pub. L. 97-258, Sec. 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. 97-295 reflected the effect

of section 7(2) and (8) of the Military Construction Codification

Act (Pub. L. 97-214, 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, Sec. 504, 65 Stat. 364; July 15, 1955, ch.

368, Sec. 512, 69 Stat. 352; Dec. 23, 1981, Pub. L. 97-99, Sec.

902, 95 Stat. 1381 (31 U.S.C. 723); and subsec. (b) was based on

acts Sept. 12, 1966, Pub. L. 89-568, Sec. 612, 80 Stat. 756; Dec.

27, 1974, Pub. L. 93-552, Sec. 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. 97-258, section 2(b)(6)(B) of which enacted this

section.

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10 USC Sec. 2662 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2662. Real property transactions: reports to congressional

committees

-STATUTE-

(a) General Notice and Wait Requirements. - The Secretary of a

military department, or his designee, may not enter into any of the

following listed transactions by or for the use of that department

until after the expiration of 30 days from the date upon which a

report of the facts concerning the proposed transaction is

submitted to the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representatives:

(1) An acquisition of fee title to any real property, if the

estimated price is more than $500,000.

(2) A lease of any real property to the United States, if the

estimated annual rental is more than $500,000.

(3) A lease or license of real property owned by the United

States, if the estimated annual fair market rental value of the

property is more than $500,000.

(4) A transfer of real property owned by the United States to

another Federal agency or another military department or to a

State, if the estimated value is more than $500,000.

(5) A report of excess real property owned by the United States

to a disposal agency, if the estimated value is more than

$500,000.

(6) Any termination or modification by either the grantor or

grantee of an existing license or permit of real property owned

by the United States to a military department, under which

substantial investments have been or are proposed to be made in

connection with the use of the property by the military

department.

If a transaction covered by clause (1) or (2) is part of a project,

the report must include a summarization of the general plan for

that project, including an estimate of the total cost of the lands

to be acquired or leases to be made. The report required by this

subsection concerning any report of excess real property described

in clause (5) shall contain a certification by the Secretary

concerned that he has considered the feasibility of exchanging such

property for other real property authorized to be acquired for

military purposes and has determined that the property proposed to

be declared excess is not suitable for such purpose.

(b) Annual Reports on Certain Minor Transactions. - The Secretary

of each military department shall submit annually to the

congressional committees named in subsection (a) a report on

transactions described in subsection (a) that involve an estimated

value of more than the simplified acquisition threshold specified

in section 4(11) of the Office of Federal Procurement Policy Act

(41 U.S.C. 403(11)), but not more than $500,000.

only to real property in the United States, Puerto Rico, Guam, the

American Virgin Islands, American Samoa, and the Trust Territory of

the Pacific Islands. It does not apply to real property for river

and harbor projects or flood control projects, or to leases of

Government-owned real property for agricultural or grazing purposes

or to any real property acquisition specifically authorized in a

Military Construction Authorization Act.

(d) Statements of Compliance in Transaction Instruments. - A

statement in an instrument of conveyance, including a lease, that

the requirements of this section have been met, or that the

conveyance is not subject to this section, is conclusive.

(e) Notice and Wait Regarding Leases of Space for DoD by GSA. -

No element of the Department of Defense shall occupy any general

purpose space leased for it by the General Services Administration

at an annual rental in excess of $500,000 (excluding the cost of

utilities and other operation and maintenance services), if the

effect of such occupancy is to increase the total amount of such

leased space occupied by all elements of the Department of Defense,

until the expiration of thirty days from the date upon which a

report of the facts concerning the proposed occupancy is submitted

to the congressional committees named in subsection (a).

(f) Reports on Transactions Involving Intelligence Components. -

Whenever a transaction covered by this section is made by or on

behalf of an intelligence component of the Department of Defense or

involves real property used by such a component, any report under

this section with respect to the transaction that is submitted to

the congressional committees named in subsection (a) shall be

submitted concurrently to the Permanent Select Committee on

Intelligence of the House of Representatives and the Select

Committee on Intelligence of the Senate.

(g) Exceptions for Transactions for War and Certain Emergency and

Other Operations. - (1) The reporting requirement set forth in

subsection (a) shall not apply with respect to a real property

transaction otherwise covered by that subsection, and the reporting

requirement set forth in subsection (e) shall not apply with

respect to a real property transaction otherwise covered by that

subsection, if the Secretary concerned determines that the

transaction is made as a result of any of the following:

(A) A declaration of war.

(B) A declaration of a national emergency by the President

pursuant to the National Emergencies Act (50 U.S.C. 1601 et

seq.).

the Robert T. Stafford Disaster Relief and Emergency Assistance

Act (42 U.S.C. 5121 et seq.).

(D) The use of the militia or the armed forces after a

proclamation to disperse under section 334 of this title.

(E) A contingency operation.

(2) The reporting requirement set forth in subsection (a) shall

not apply with respect to a real property transaction otherwise

covered by that subsection if the Secretary concerned determines

that -

(A) an event listed in paragraph (1) is imminent; and

(B) the transaction is necessary for purposes of preparation

for such event.

(3) Not later than 30 days after entering into a real property

transaction covered by paragraph (1) or (2), the Secretary

concerned shall submit to the committees named in subsection (a) a

report on the transaction. The report shall set forth any facts or

information which would otherwise have been submitted in a report

on the transaction under subsection (a) or (e), as the case may be,

but for the operation of paragraph (1) or (2).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 147; Pub. L. 86-70, Sec. 6(c),

June 25, 1959, 73 Stat. 142; Pub. L. 86-500, title V, Sec. 511(1),

June 8, 1960, 74 Stat. 186; Pub. L. 86-624, Sec. 4(c), July 12,

1960, 74 Stat. 411; Pub. L. 92-145, title VII, Sec. 707(5), Oct.

27, 1971, 85 Stat. 412; Pub. L. 92-545, title VII, Sec. 709, Oct.

25, 1972, 86 Stat. 1154; Pub. L. 93-552, title VI, Sec. 610, Dec.

27, 1974, 88 Stat. 1765; Pub. L. 94-107, title VI, Sec. 607(5),

(6), Oct. 7, 1975, 89 Stat. 566; Pub. L. 94-431, title VI, Sec.

614, Sept. 30, 1976, 90 Stat. 1367; Pub. L. 96-418, title VIII,

Sec. 805, Oct. 10, 1980, 94 Stat. 1777; Pub. L. 100-456, div. B,

title XXVIII, Sec. 2803, Sept. 29, 1988, 102 Stat. 2115; Pub. L.

101-510, div. A, title XIII, Sec. 1311(6), Nov. 5, 1990, 104 Stat.

1670; Pub. L. 102-496, title IV, Sec. 403(a)(1), (2)(A), Oct. 24,

1992, 106 Stat. 3185; Pub. L. 104-106, div. A, title XV, Sec.

1502(a)(23), div. D, title XLIII, Sec. 4321(b)(21), Feb. 10, 1996,

110 Stat. 505, 673; Pub. L. 105-261, div. B, title XXVIII, Sec.

2811, Oct. 17, 1998, 112 Stat. 2204; Pub. L. 106-65, div. A, title

X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106-398, Sec.

1 (div. B, title XXVIII, Sec. 2811), Oct. 30, 2000, 114 Stat. 1654,

1654A-416.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2662(a) 2662(b) 40:551. 40:552. Sept. 28, 1951, ch.

2662(c) 40:553. 434, Sec. 601-604,

65 Stat. 365, 366.

2662(d) 40:554.

-------------------------------

In subsection (a), the words ''must come to an agreement * * *

before entering into any of the following transactions by or for

the use of that department:'' are substituted for the words ''shall

come into agreement * * * with respect to those real-estate actions

by or for the use of the military departments * * * that are

described in subsection (a)-(e) of this section, and in the manner

therein described''. The last sentence is substituted for the last

sentence of 40:551(a) and 40:551(b).

In subsection (a)(4), the words ''or another military

department'' are substituted for the words ''including transfers

between the military departments''. The words ''under the

jurisdiction of the military departments'' are omitted as

surplusage.

In subsection (b), the words ''more than $5,000 but not more than

$25,000'' are substituted for the words ''between $5,000 and

$25,000''. The words ''shall report'' are substituted for the words

''will, in addition, furnish * * * reports''.

In subsection (c), the words ''the United States, Alaska,

Hawaii'' are substituted for the words ''the continental United

States, the Territory of Alaska, the Territory of Hawaii'', since,

as defined in section 101(1) of this title, ''United States''

includes the States and the District of Columbia; and

''Territories'' includes Alaska and Hawaii.

In subsection (d), the words ''A statement * * * that the

requirements of this section have been met'' are substituted for

the words ''A recital of compliance with this chapter * * * to the

effect that the requirements of this chapter have been complied

with''. The words ''in the alternative'', ''or lease'', and

''evidence thereof'' are omitted as surplusage.

-REFTEXT-

REFERENCES IN TEXT

The National Emergencies Act, referred to in subsec. (g)(1)(B),

is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which

is classified principally to chapter 34 (Sec. 1601 et seq.) of

Title 50, War and National Defense. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 50 and Tables.

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, referred to in subsec. (g)(1)(C), is Pub. L. 93-288, May 22,

1974, 88 Stat. 143, as amended, which is classified principally to

chapter 68 (Sec. 5121 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 5121 of Title 42 and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 (div. B, title

XXVIII, Sec. 2811(a)), substituted ''$500,000'' for ''$200,000''

wherever appearing.

Subsec. (b). Pub. L. 106-398 substituted ''specified in section

4(11) of the Office of Federal Procurement Policy Act (41 U.S.C.

403(11)),'' for ''under section 2304(g) of this title'' and

''$500,000'' for ''$200,000''.

Subsec. (e). Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2811(a)), substituted ''$500,000'' for ''$200,000''.

1999 - Subsec. (a). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security'' in introductory provisions.

1998 - Subsecs. (a) to (f). Pub. L. 105-261, Sec. 2811(b),

inserted subsec. headings.

Subsec. (g). Pub. L. 105-261, Sec. 2811(a), added subsec. (g).

1996 - Subsec. (a). Pub. L. 104-106, Sec. 1502(a)(23)(A),

substituted ''the Committee on Armed Services of the Senate and the

Committee on National Security of the House of Representatives''

for ''the Committees on Armed Services of the Senate and House of

Representatives'' in introductory provisions and struck out ''to be

submitted to the Committees on Armed Services of the Senate and

House of Representatives'' after ''The report required by this

subsection'' in concluding provisions.

Subsec. (b). Pub. L. 104-106, Sec. 4321(b)(21), substituted

''simplified acquisition threshold'' for ''small purchase

threshold''.

Pub. L. 104-106, Sec. 1502(a)(23)(B), substituted ''shall submit

annually to the congressional committees named in subsection (a) a

report'' for ''shall report annually to the Committees on Armed

Services of the Senate and the House of Representatives''.

Subsec. (e). Pub. L. 104-106, Sec. 1502(a)(23)(C), substituted

''the congressional committees named in subsection (a)'' for ''the

Committees on Armed Services of the Senate and the House of

Representatives''.

Subsec. (f). Pub. L. 104-106, Sec. 1502(a)(23)(D), substituted

''the congressional committees named in subsection (a) shall'' for

''the Committees on Armed Services of the Senate and the House of

Representatives shall''.

1992 - Pub. L. 102-496, Sec. 403(a)(2)(A), substituted ''reports

to congressional committees'' for ''Reports to the Armed Services

Committees'' in section catchline.

Subsec. (f). Pub. L. 102-496, Sec. 403(a)(1), added subsec. (f).

1990 - Subsec. (b). Pub. L. 101-510 substituted ''the small

purchase threshold under section 2304(g) of this title'' for

''$5,000''.

1988 - Subsecs. (a), (b), (e). Pub. L. 100-456 substituted

''$200,000'' for ''$100,000'' wherever appearing.

1980 - Subsecs. (a), (b), (e). Pub. L. 96-418 substituted

''$100,000'' for ''$50,000'' wherever appearing.

1976 - Subsec. (a). Pub. L. 94-431 provided that the report on

the excess property owned by the United States contain a

certification by the Secretary concerned that he has considered the

feasibility of exchanging such excess property for property

suitable for military purposes and has determined such excess

property not suitable for exchange.

1975 - Subsec. (b). Pub. L. 94-107, Sec. 607(5), substituted

requirement of annual reports for requirement of quarterly reports.

Subsec. (c). Pub. L. 94-107, Sec. 607(6), inserted provisions

extending the applicability of the section to Guam, the American

Samoa, and the Trust Territory of the Pacific Islands, and, in

provisions relating to the inapplicability of the section, inserted

reference to any real property acquisition specifically authorized

in a Military Construction Authorization Act.

1974 - Subsec. (a)(6). Pub. L. 93-552 added par. (6).

1972 - Subsec. (e). Pub. L. 92-545 added subsec. (e).

1971 - Subsec. (a)(3). Pub. L. 92-145 made the restriction

applicable to a license of real property and substituted

''estimated annual fair market rental value'' for ''estimated

annual rental''.

1960 - Subsec. (a). Pub. L. 86-500 prohibited the Secretary of a

military department, or his designee, from entering into any of the

transactions listed in subsec. (a) until after the expiration of 30

days from the date upon which a report of the facts concerning the

proposed transaction is submitted to the Committees on Armed

Services of the Senate and House of Representatives, and increased

the amounts in pars. (1) to (5) from $25,000 to $50,000.

Subsec. (b). Pub. L. 86-500 substituted ''$50,000'' for

''$25,000''.

Subsec. (c). Pub. L. 86-624 and Pub. L. 86-500 struck out

reference to Hawaii.

Subsec. (d). Pub. L. 86-500 reenacted subsection without change.

1959 - Subsec. (c). Pub. L. 86-70 struck out reference to Alaska.

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by section

4321(b)(21) of Pub. L. 104-106, see section 4401 of Pub. L.

104-106, set out as a note under section 251 of Title 41, Public

Contracts.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 effective Oct. 1, 1988, see section

2702 of Pub. L. 100-456, set out as a note under section 2391 of

this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC5-

REDUCTION OR REALIGNMENT OF TRAINING BASES

Pub. L. 95-485, title VI, Sec. 602, Oct. 20, 1978, 92 Stat. 1617,

prohibited any action to implement any substantial reduction or

force structure realignment of the composite of installations,

posts, camps, stations, and bases that had as a primary or

secondary mission the conduct of formal entry level, advanced

individual, or specialty training as a part of the fiscal year 1979

Defense manpower program unless certain criteria were complied

with.

CLOSING OF FACILITIES; CLOSURES OR REALIGNMENTS PUBLICLY ANNOUNCED

AFTER SEPTEMBER 30, 1977

Pub. L. 95-82, title VI, Sec. 612(c), Aug. 1, 1977, 91 Stat. 380,

provided that: ''Section 611 of the Military Construction

Authorization Act, 1966 (Public Law 89-188; 10 U.S.C. 2662 note),

and section 612 of the Military Construction Authorization Act,

1977 (Public Law 94-431; 90 Stat. 1366) (which was not classified

to the Code), shall be inapplicable in the case of any closure of a

military installation, and any realignment with respect to a

military installation, which is first publicly announced after

September 30, 1977.''

CLOSING OF FACILITIES; REPORTS TO CONGRESS

Pub. L. 89-188, title VI, Sec. 611, Sept. 16, 1965, 79 Stat. 818,

as amended by Pub. L. 89-568, title VI, Sec. 613, Sept. 12, 1966,

80 Stat. 757, required a report to Congress and a waiting period in

connection with the closing of Defense Department facilities, prior

to repeal by Pub. L. 97-214, Sec. 7(7), July 12, 1982, 96 Stat.

173, eff. Oct. 1, 1982.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2667 of this title; title

42 section 3374.

-CITE-

10 USC Sec. 2663 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2663. Acquisition

-STATUTE-

(a) 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 -

(1) the site, construction, or operation of fortifications,

coast defenses, or military training camps;

(2) 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

(3) the development and transmission of power for the operation

of plants under clause (2).

(b) In time of war or when war is imminent, the United States

may, immediately upon the filing of a petition for condemnation

under subsection (a), take and use the land to the extent of the

interest sought to be acquired.

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.

(d) 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).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 147; Pub. L. 85-861, Sec.

33(a)(14), Sept. 2, 1958, 72 Stat. 1565.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2663(a) 2663(b) 50:171 (less July 2, 1917, ch.

2663(c) provisos). 50:171 35; restated Apr.

(last proviso). 11, 1918, ch. 51,

50:171 (1st 40 Stat. 518.

proviso).

2663(d) 50:171 (2d proviso). Oct. 25, 1951, ch.

(50:171 is made 563, Sec. 101 (less

applicable to the 22d through 43d

Navy by 50:171-1 words), 65 Stat.

(less 16th through 641.

21st words)).

-------------------------------

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 ACT

The 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.

AMENDMENTS

1958 - Subsec. (a). Pub. L. 85-861 struck out provisions

requiring proceedings under this subsection to be in accordance

with the law of the State in which the suit is brought.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section

33(g) of Pub. L. 85-861, set out as a note under section 101 of

this title.

-CROSS-

FEDERAL RULES OF CIVIL PROCEDURE

Procedure in condemnation proceedings, see rule 71A, Title 28,

Appendix, Judiciary and Judicial Procedure.

-CITE-

10 USC Sec. 2664 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE

OF NON-EXCESS PROPERTY

-HEAD-

Sec. 2664. Acquisition of property for lumber production

-STATUTE-

(a) The Secretary of a military department, the Secretary of

Transportation, or any one or more of them, may have proceedings

brought in the name of the United States to acquire by condemnation

any interest in property named in subsection (b), including

temporary use, and needed for -

(1) the production of aircraft, vessels, dry docks, or

equipment for them;

(2) the procurement of supplies for aircraft, vessels, and dry

docks; or

(3) housing for persons employed by the United States in

connection with functions of the Army, Navy, Air Force, or Marine

Corps, or the functions transferred to the Secretary of

Transportation under section 3 of the Maritime Act of 1981 (46

U.S.C. App. 1602).

(b) The kinds of property that may be acquired by condemnation

under subsection (a) are -

(1) standing or fallen timber;

(2) sawmills;

(3) camps;

(4) machinery;

(5) logging roads;

(6) rights-of-way;

(7) supplies; and

(8) works, property, or appliances suitable for the production

of lumber and timber products.

is vested in the United States District Court for the district in

which the property, or any part of it, sought to be condemned is

located, regardless of its value.

(d) In time of war or when war is imminent, the United States

may, immediately upon the filing of a petition for condemnation

under subsection (a), take and use the property to the extent of

the interest sought to be acquired.

(e) A person named in subsection (a) may contract for or buy any

interest in property named in subsection (b), including temporary

use, needed for any purpose named in subsection (a), as soon as the

owner fixes a price for it and that person considers that price to

be reasonable.

(f) A person named in subsection (a) may accept for the United

States a gift of any property named in subsection (b), including

temporary use, for any purpose named in subsection (a).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 148; Pub. L. 85-861, Sec.

33(a)(15), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 96-513, title V,

Sec. 511(90), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 97-31, Sec.

12(3)(A), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97-295, Sec. 1(32),

Oct. 12, 1982, 96 Stat. 1296; Pub. L. 100-26, Sec. 7(d)(6), Apr.

21, 1987, 101 Stat. 281.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2664(a) 50:172 (1st par., July 9, 1918, ch.

less 26th through 143, subch. XV,

56th words of 1st Sec. 8 (2d par.),

sentence; and less 40 Stat. 888.

last sentence).

2664(b) 50:172 (26th through

56th words of 1st

sentence of 1st

par.).

2664(c) 50:172 (last

sentence of 1st

par.).

2664(d) (No source).

2664(e) (No source).

2664(f) (No source).

-------------------------------

In subsection (a), the introductory clause is substituted for

50:172 (1st 25 words, and 2d sentence). The words ''Secretary of

Commerce'' and ''Chairman of the Federal Maritime Board'' are

substituted for the words ''Chairman of the United States Maritime

Commission'' and the words ''functions transferred to the Secretary

of Commerce or the Federal Maritime Board by 1950 Reorganization

Plan No. 21, effective May 24, 1950, 64 Stat. 1273'' are

substituted for the words ''(functions of) the United States

Maritime Commission'', since the functions of the Chairman of the

United States Maritime Commission and of the United States Maritime

Commission were transferred to the Secretary of Commerce and the

Federal Maritime Board by that Reorganization Plan. The words ''or

any one or more of them'' are substituted for the words

''individually or collectively'', to make it clear that any number

of them may act and not necessarily one or all of them. The words

''equipment for them'' are substituted for the words ''their

apparel or furniture''. The words ''manufacture, or building'' are

omitted as covered by the word ''production''. 50:172 (1st 18 words

of 3d sentence) is omitted as surplusage.

In subsection (a)(2), the word ''supplies'' is substituted for

the words ''materials and equipment'', since the word ''supplies''

is defined in section 101(26) of this title to include material and

equipment.

The last sentence of subsection (a) is based on the 27 words

preceding the first proviso of 50:171, which is the source for

section 2663(a) (last sentence) of this title, and which was

incorporated into 50:172 by the cross reference in the first

sentence thereof.

In subsection (b), the introductory clause is inserted for

clarity. The words ''equipment, materials'' are omitted as covered

by the word ''supplies'', since the word ''supplies'' is defined in

section 101(26) of this title to include material and equipment.

In subsection (c), the words ''United States District Court for

the district in which'' are substituted for the words ''district

courts of the United States, where'' to conform to section 132 of

title 28.

Subsections (d)-(f) are based on the provisos of 50:171, which

are the source for section 2663(b)-(d) of this title, and which

were incorporated into 50:172 by the cross reference in the first