-CITE-

10 USC CHAPTER 949 - REAL PROPERTY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

.

-HEAD-

CHAPTER 949 - REAL PROPERTY

-MISC1-

Sec.

9771. Acceptance of donations: land for mobilization, training,

supply base, or aviation field.

(9772. Repealed.)

9773. Acquisition and construction: air bases and depots.

(9774, 9775. Repealed.)

9776. Emergency construction: fortifications.

9777. Permits: military reservations; landing ferries, erecting

bridges, driving livestock.

9778. Licenses: military reservations; erection and use of

buildings; Young Men's Christian Association.

9779. Use of public property.

9780. Acquisition of buildings in District of Columbia.

9781. Disposition of real property at missile sites.

9782. Maintenance and repair of real property.

9783. Johnston Atoll: reimbursement for support provided to civil

air carriers.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec.

383(b)), Oct. 30, 2000, 114 Stat. 1654, 1654A-86, added item 9783.

1997 - Pub. L. 105-85, div. A, title II, Sec. 242(b), Nov. 18,

1997, 111 Stat. 1667, added item 9782.

1987 - Pub. L. 100-180, div. B, subdiv. 3, title II, Sec.

2325(b), Dec. 4, 1987, 101 Stat. 1221, added item 9781.

1982 - Pub. L. 97-214, Sec. 10(a)(9)(B), July 12, 1982, 96 Stat.

175, struck out item 9774 ''Construction: limitations''.

1980 - Pub. L. 96-513, title V, Sec. 514(21), Dec. 12, 1980, 94

Stat. 2936, struck out item 9772 ''Reservation and use for air base

or testing field''.

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

Stat. 678, substituted ''Construction: limitations'' for

''Construction of quarters: limitations on space and cost'' in item

9774.

1971 - Pub. L. 92-145, title V, Sec. 509(b), Oct. 27, 1971, 85

Stat. 408, struck out item 9775 ''Quarters: officers''.

1958 - Pub. L. 85-861, Sec. 1(203)(B), Sept. 2, 1958, 72 Stat.

1542, added item 9780.

-CITE-

10 USC Sec. 9771 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

Sec. 9771. Acceptance of donations: land for mobilization,

training, supply base, or aviation field

-STATUTE-

The Secretary of the Air Force may accept for the United States a

gift of -

(1) land that he considers suitable and desirable for a

permanent mobilization, training, or supply base; and

(2) land that he considers suitable and desirable for an

aviation field, if the gift is from a citizen of the United

States and its terms authorize the use of the property by the

United States for any purpose.

-SOURCE-

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

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9771 10:1342. 10:1344. Aug. 29, 1916, ch.

418 (6th and 8th

pars. under

''Office of the

Chief Signal

Officer''), 39

Stat. 622, 623.

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

10:1344 (last 40 words) is omitted as executed. The words

''tract or tracts'', in 10:1342 and 1344, are omitted as

surplusage. The words ''and remount station'', in 10:1342, are

omitted, since the property and civilian personnel of the Remount

Service of the Quartermaster Corps were transferred to the

Department of Agriculture by the Act of April 21, 1948, ch. 224, 62

Stat. 197 (7 U.S.C. 436-438). The words ''by the United States for

any purpose'' are substituted for the words ''for any other service

of the United States which may hereafter appear desirable'', in

10:1342. The words ''from any person'', in 10:1344, are omitted as

surplusage.

-CITE-

10 USC Sec. 9772 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

(Sec. 9772. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct

21, 1976, 90 Stat. 2792)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 588, authorized

unappropriated public land or other property of United States to be

reserved or used for air bases or testing fields.

EFFECTIVE DATE OF REPEAL

Section 704(a) of Pub. L. 94-579 provided that this section is

repealed effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

note under section 1701 of Title 43, Public Lands.

-CITE-

10 USC Sec. 9773 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

Sec. 9773. Acquisition and construction: air bases and depots

-STATUTE-

(a) The Secretary of the Air Force shall determine the sites of

such additional permanent air bases and depots in all strategic

areas of the United States and the Territories, Commonwealths,

possessions, and holdings as he considers necessary. He shall

determine when the enlargement of existing air bases and depots is

necessary for the effective peacetime training of the Air Force.

(b) In determining the sites of new air bases and depots, the

Secretary shall consider the following regions for the purposes

indicated -

(1) the Atlantic northeast, for training in cold weather and in

fog;

(2) the Atlantic southeast and Caribbean areas, for training in

long-range operations, especially those incident to reinforcing

the defenses of the Panama Canal;

(3) the southeastern United States, to provide a depot

necessary to maintain the Air Force;

(4) the Pacific northwest, to establish and maintain air

communication with Alaska;

(5) Alaska, for training under conditions of extreme cold;

(6) the Rocky Mountain area, to provide a depot necessary to

maintain the Air Force, and for training in operations from

fields in high altitudes; and

(7) other regions, for the establishment of intermediate air

bases to provide for transcontinental movements of the Air Force

for maneuvers.

(c) In selecting sites for air bases and depots covered by this

section and in determining the alteration or enlargement of

existing air bases or depots, the Secretary shall consider the need

-

(1) to form the nucleus for concentration of Air Force units in

time of war;

(2) to permit, in time of peace, training and effective

planning in each strategic area for the use and expansion of

commercial, municipal, and private flying installations in time

of war;

(3) to locate, in each strategic area in which it is considered

necessary, adequate storage facilities for munitions and other

articles necessary to facilitate the movement, concentration,

maintenance, and operation of the Air Force; and

(4) to afford the maximum warning against surprise attack by

enemy aircraft upon aviation of the United States and its

necessary installations consistent with maintaining, in

connection with existing or contemplated landing fields, the full

power of the Air Force for operations necessary in the defense of

the United States, and in the defense and reinforcement of the

Territories, Commonwealths, possessions, and holdings.

(d) In carrying out this section, the Secretary, on behalf of the

United States, may acquire title, in fee simple and free of

encumbrance, to any land that he considers necessary -

(1) by accepting title without cost to the United States;

(2) by exchanging military reservations or parts thereof for

that land, upon the written approval of the President; or

(3) by purchase or condemnation, if acquisition by gift or

exchange is impracticable.

(e) The Secretary may, by purchase, gift, lease, or otherwise,

acquire at desired locations bombing and machine gun ranges

necessary for practice by, and the training of, tactical units.

(f) At each air base or depot established under this section, the

Secretary shall remove or remodel existing structures as necessary;

do necessary grading; and provide buildings, utilities,

communication systems, landing fields and mats, roads, walks,

aprons, docks, runways, facilities for the storage and distribution

of ammunition, fuel, oil, necessary protection against bombs, and

all appurtenances to the foregoing.

(g) The Secretary may direct the transportation of personnel, and

the purchase, renovation, and transportation of material, that he

considers necessary to carry out this section.

-SOURCE-

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

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9773(a) 9773(b) 10:1343a (1st Aug. 12, 1935, ch.

sentence). 10:1343a 511, Sec. 1-3, 49

(2d sentence). Stat. 610.

9773(c) 10:1343a (less 1st

and 2d sentences).

9773(d) 10:1343b.

9773(e) 10:1343c (last

sentence).

9773(f) 10:1343c (1st

sentence).

9773(g) 10:1343c (2d

sentence).

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

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

words ''is authorized and directed to''. The words ''Territories,

Commonwealths,'' are substituted for the word ''Alaska'' to make it

clear that the section covers all territory of the United States.

The words ''Air Force'' are substituted for the words ''General

Headquarters Air Force and the Air Corps components of our overseas

garrisons''.

In subsection (b), the words ''to provide'', ''to permit'', ''in

addition'', and ''incident to the concentration of'' are omitted as

surplusage.

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

10:1343a (1st 41 words of 3d sentence). The words ''to locate''

are substituted for the words ''there shall be provided''. The

words ''aviation of the United States'' are substituted for the

words ''our own aviation''. The words, ''Territories,

Commonwealths,'' are inserted to conform to subsection (a). The

words ''The stations shall be suitably located'', ''of the

set-up'', ''by responsible personnel'', ''there shall be

provided'', ''General Headquarters'', ''in peace and war'', ''such

close and distant * * * over land and sea'', and ''The stations and

depots shall be located with a view'', and 10:1343a (4th clause of

3d sentence) are omitted as surplusage.

In subsection (d), clause (3) is substituted for 10: 1343b (last

26 words). 10:1043b (24 words before 1st proviso) is omitted as

surplusage.

In subsection (f), the word ''shall'' is substituted for the

words ''is further authorized and directed to''. The word

''provide'' is substituted for the words ''construct, install, and

equip, or complete the construction, installation, and

equipment''. The words ''technical buildings and utilities'' are

omitted as covered by the words ''buildings'' and ''utilities''.

The words ''sewer, water, power, station and aerodrome lighting''

are omitted as covered by the word ''utilities''. The words

''communication systems'' are substituted for the words ''telephone

and signal communications''. The words ''appurtenances to the

foregoing'' are substituted for the words ''other essentials''.

-CITE-

10 USC Sec. 9774 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

(Sec. 9774. Repealed. Pub. L. 97-214, Sec. 7(1), July 12, 1982, 96

Stat. 173)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 590; Aug. 30,

1957, Pub. L. 85-241, title IV, Sec. 404(c), 71 Stat. 556; Aug. 10,

1959, Pub. L. 86-149, title IV, Sec. 410(c), 73 Stat. 322; July 27,

1962, Pub. L. 87-554, title V, Sec. 504(a), (c), 76 Stat. 239; Nov.

7, 1963, Pub. L. 88-174, title V, Sec. 503, 77 Stat. 325; Dec. 5,

1969, Pub. L. 91-142, title V, Sec. 510(b), 83 Stat. 312; Oct. 27,

1971, Pub. L. 92-145, title V, Sec. 508(a), (c), 85 Stat. 408; Nov.

29, 1973, Pub. L. 93-166, title V, Sec. 509(e), 87 Stat. 678,

related to limitations on construction.

EFFECTIVE DATE OF REPEAL

Repeal 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. 97-214, set out as an Effective Date

note under section 2801 of this title.

-CITE-

10 USC Sec. 9775 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

(Sec. 9775. Repealed. Pub. L. 92-145, title V, Sec. 509(b), Oct.

27, 1971, 85 Stat. 408)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 590, authorized

assignment of quarters belonging to United States at an air base or

other Air Force installation to officers, grade lieutenant general

down to second lieutenant, 10 to 2 rooms, respectively, and

prohibited other assignment where quarters existed.

-CITE-

10 USC Sec. 9776 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

Sec. 9776. Emergency construction: fortifications

-STATUTE-

If in an emergency the President considers it urgent, a temporary

air base or fortification may be built on private land if the owner

consents in writing.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 591; Pub. L. 91-393, Sec. 5,

Sept. 1, 1970, 84 Stat. 835.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9776 50:178. Apr. 11, 1898, J.

Res. 21, 30 Stat.

737.

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

The word ''important'' is omitted as covered by the word

''urgent''. The words ''upon which such work is to be placed'' are

omitted as surplusage.

AMENDMENTS

1970 - Pub. L. 91-393 struck out ''In such a case, section 175 of

title 50 does not apply.''

-CITE-

10 USC Sec. 9777 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

Sec. 9777. Permits: military reservations; landing ferries,

erecting bridges, driving livestock

-STATUTE-

Whenever the Secretary of the Air Force considers that it can be

done without injury to the reservation or inconvenience to the

military forces stationed there, he may permit -

(1) the landing of ferries at a military reservation;

(2) the erection of bridges on a military reservation; and

(3) the driving of livestock across a military reservation.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 591.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9777 10:1348. July 5, 1884, ch.

214, Sec. 6, 23

Stat. 104.

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

The words ''may permit'' are substituted for the words ''shall

have authority, in his discretion, to permit''. The words ''to

permit the extension of State, county, and Territorial roads across

military reservations'' are omitted as superseded by section 2668

of this title. In clause (3), the word ''livestock'' is

substituted for the words ''cattle, sheep or other stock animals''.

-CITE-

10 USC Sec. 9778 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

Sec. 9778. Licenses: military reservations; erection and use of

buildings; Young Men's Christian Association

-STATUTE-

Under such conditions as he may prescribe, the Secretary of the

Air Force may issue a revocable license to the International

Committee of Young Men's Christian Associations of North America to

erect and maintain, on military reservations within the United

States and the Territories, Commonwealths, and possessions,

buildings needed by that organization for the promotion of the

social, physical, intellectual, and moral welfare of the members of

the Air Force on those reservations.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 591.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9778 10:1346. May 31, 1902, ch.

943, 32 Stat. 282.

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

The words ''may issue'' are substituted for the words ''Authority

is given to * * * in his discretion, to grant permission''. The

words ''Under such conditions as he may prescribe'' are substituted

for the words ''under such regulations as the Secretary of the Army

may impose''. The words ''members of the Air Force'' are

substituted for the word ''garrisons''. The words ''the

Territories, Commonwealths, and possessions'' are substituted for

the words ''or its island possessions'', for clarity.

-CITE-

10 USC Sec. 9779 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

Sec. 9779. Use of public property

-STATUTE-

(a) When the economy of the Air Force so requires, the Secretary

of the Air Force shall establish military headquarters in places

where suitable buildings are owned by the United States.

(b) No money appropriated for the support of the Air Force may be

spent for base gardens or Air Force exchanges. However, this does

not prevent Air Force exchanges from using public buildings or

public transportation that, in the opinion of the Secretary, are

not needed for other purposes.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 591; Pub. L. 99-661, div. B,

title VII, Sec. 2721, Nov. 14, 1986, 100 Stat. 4042.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9779(a) 9779(b) 10:1332. 10:1345. June 23, 1879, ch.

35, Sec. 8, 21

Stat. 35.

9779(c) 10:1335. Aug. 1, 1914, ch.

223 (2d par. under

''Quartermaster

Corps''), 38 Stat.

629.

July 16, 1892, ch.

195 (last proviso

under

''Quartermaster's

Department''), 27

Stat. 178; June 28,

1950, ch. 383, Sec.

402(c), 64 Stat.

272.

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

In subsection (a), the words ''United States'' are substituted

for the word ''Government''.

In subsection (b), the words ''suitable space'' are substituted

for the words ''proper and suitable room or rooms''. The words

''there is a'' are substituted for the words ''have been

established''.

In subsection (c), the words ''the Secretary'' are substituted

for the words ''the Quartermaster General'', since the functions

which, for the Army, are assigned by statute to subordinate

officers of the Army, are, for the Air Force, assigned to the

Secretary.

AMENDMENTS

1986 - Subsecs. (b), (c). Pub. L. 99-661 redesignated subsec. (c)

as (b) and struck out former subsec. (b) which directed the

Secretary to assign suitable space for postal purposes at each air

base where there was a post office.

-CITE-

10 USC Sec. 9780 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

Sec. 9780. Acquisition of buildings in District of Columbia

-STATUTE-

(a) In time of war or when war is imminent, the Secretary of the

Air Force may acquire by lease any building, or part of a building,

in the District of Columbia that may be needed for military

purposes.

(b) At any time, the Secretary may, for the purposes of the

Department of the Air Force, requisition the use and take

possession of any building or space in any building, and its

appurtenances, in the District of Columbia, other than -

(1) a dwelling house occupied as such;

(2) a building occupied by any other agency of the United

States; or

(3) space in such a dwelling house or building.

The Secretary shall determine, and pay out of funds appropriated

for the payment of rent by the Department of the Air Force, just

compensation for that use. If the amount of the compensation is

not satisfactory to the person entitled to it, the Secretary shall

pay 75 percent of it to that person, and the claimant is entitled

to recover by action against the United States an additional amount

that, when added to the amount paid by the Secretary, is determined

by the court to be just compensation for that use.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(203)(A), Sept. 2, 1958, 72 Stat.

1542.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9780(a) 9780(b) 40:37. 40:41. July 9, 1918, ch.

143 (3d proviso

under ''Barracks

and Quarters''), 40

Stat. 861.

July 8, 1918, ch.

139 (2d par. under

''War

Department''), 40

Stat. 826.

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

In subsection (a), the words ''may acquire by lease'' are

substituted for the words ''is authorized, in his discretion, to

rent or lease''. The word ''needed'' is substituted for the word

''required''.

In subsection (b), the words ''At any time'' are inserted for

clarity. The word ''may'' is substituted for the words ''is

authorized''. The word ''agency'' is substituted for the word

''branch''. Clause (3) is inserted for clarity. The word

''determine'' is substituted for the word ''ascertain''. The words

''out of funds appropriated for the payment of rent by'' are

substituted for the words ''within the limits of the appropriations

for rent made by any act making appropriations for''. The word

''is'' is substituted for the word ''be''. The words ''so

ascertained'' and ''in the manner provided by sections 41(20) and

250 of Title 28'' are omitted as surplusage, since those sections

were repealed in 1948 and replaced by sections 1346, 1491, 1496,

1501, 1503, 2401, 2402, and 2501 of that title.

-CITE-

10 USC Sec. 9781 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

Sec. 9781. Disposition of real property at missile sites

-STATUTE-

(a)(1) The Administrator of General Services shall dispose of the

interest of the United States in any tract of real property

described in paragraph (2) or in any easement held in connection

with any such tract of real property only as provided in this

section.

(2) The real property referred to in paragraph (1) is any tract

of land (including improvements thereon) owned by the Air Force

that -

(A) is not required for the needs of the Air Force and the

discharge of the responsibilities of the Air Force, as determined

by the Secretary of the Air Force;

(B) does not exceed 25 acres;

(C) was used by the Air Force as a site for one or more missile

launch facilities, missile launch control buildings, or other

facilities to support missile launch operations; and

(D) is surrounded by lands that are adjacent to such tract and

that -

(i) are owned in fee simple by one owner, either individually

or by more than one person jointly, in common, or by the

entirety; or

(ii) are owned separately by two or more owners.

(b)(1)(A) Whenever the interest of the United States in a tract

of real property or easement referred to in subsection (a) is

available for disposition under this section, the Administrator

shall transmit a notice of the availability of the real property or

easement to each person described in subsection (a)(2)(D)(i) who

owns lands adjacent to that real property or easement.

(B) The Administrator shall convey, for fair market value, the

interest of the United States in a tract of land referred to in

subsection (a), or in any easement in connection with such a tract

of land, to any person or persons described in subsection

(a)(2)(D)(i) who, with respect to such land, are ready, willing,

and able to purchase such interest for the fair market value of

such interest.

(2)(A) In the case of a tract of real property referred to in

subsection (a) that is surrounded by adjacent lands that are owned

separately by two or more owners, the Administrator shall dispose

of that tract of real property in accordance with this paragraph.

In disposing of the real property, the Administrator shall satisfy

the requirements specified in paragraph (1) regarding notice to

owners, sale at fair market value, and the determination of the

qualifications of the purchaser.

(B) The Administrator shall dispose of such a tract of real

property through a sealed bid competitive sale. The Administrator

shall afford an opportunity to compete to acquire the interest of

the United States in the real property to all of the persons

described in subsection (a)(2)(D)(ii) who own lands adjacent to

that real property. The Administrator shall restrict to these

persons the opportunity to compete in the sealed bid competitive

sale.

(C) Subject to subparagraph (D), the Administrator shall convey

the interest of the United States in the tract of real property to

the highest bidder.

(D) If all of the bids received by the Administrator in the

sealed bid competitive sale of the tract of real property are less

than the fair market value of the real property, the Administrator

shall dispose of the real property in accordance with the

provisions of chapter 5 of title 40.

(c) The Administrator shall determine the fair market value of

the interest of the United States to be conveyed under this

section.

(d) The requirement to determine whether any tract of land

described in subsection (a)(2) is excess property or surplus

property under chapter 5 of title 40 before disposing of such tract

shall not be applicable to the disposition of such tract under this

section.

(e) The disposition of a tract of land under this section to any

person shall be subject to (1) any easement retained by the

Secretary of the Air Force with respect to such tract, and (2) such

additional terms and conditions as the Administrator considers

necessary or appropriate to protect the interests of the United

States.

(f) The exact acreage and legal description of any tract of land

to be conveyed under this section shall be determined in any manner

that is satisfactory to the Administrator. The cost of any survey

conducted for the purpose of this subsection in the case of any

tract of land shall be borne by the person or persons to whom the

conveyance of such tract of land is made.

(g) If any real property interest of the United States described

in subsection (a) is not purchased under the procedures provided in

subsections (a) through (f), such tract may be disposed of only in

accordance with subtitle I of title 40 and subtitle III (FOOTNOTE

1) of the Federal Property and Administrative Services Act of 1949

(41 U.S.C. 251 et seq.).

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Added Pub. L. 100-180, div. B, subdiv. 3, title II, Sec. 2325(a),

Dec. 4, 1987, 101 Stat. 1220; amended Pub. L. 103-160, div. B,

title XXVIII, Sec. 2851, Nov. 30, 1993, 107 Stat. 1906; Pub. L.

107-217, Sec. 3(b)(40), Aug. 21, 2002, 116 Stat. 1298.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (g), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Subtitle III of the Act probably means title III

of the Act which is classified generally to subchapter IV (Sec. 251

et seq.) of chapter 4 of Title 41, Public Contracts. For complete

classification of this Act to the Code, see Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (b)(2)(D). Pub. L. 107-217, Sec. 3(b)(40)(A),

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.)''.

Subsec. (d). Pub. L. 107-217, Sec. 3(b)(40)(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.)''.

Subsec. (g). Pub. L. 107-217, Sec. 3(b)(40)(C), inserted

''subtitle I of title 40 and subtitle III of'' before ''the Federal

Property and Administrative Services Act of 1949'' and ''(41 U.S.C.

251 et seq.)'' at end.

1993 - Subsec. (a)(1). Pub. L. 103-160, Sec. 2851(a)(1),

substituted ''Administrator of General Services'' for ''Secretary

of the Air Force''.

Subsec. (a)(2)(D). Pub. L. 103-160, Sec. 2851(b), added subpar.

(D) and struck out former subpar. (D) which read as follows: ''is

surrounded by lands that are adjacent to such tract and that are

owned in fee simple by one owner or by more than one owner jointly,

in common, or by the entirety.''

Subsec. (b). Pub. L. 103-160, Sec. 2851(c), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''The

Secretary shall convey, for fair market value, the interest of the

United States in any tract of land referred to in subsection (a) or

in any easement in connection with any such tract of land to any

person or persons who, with respect to such tract of land, own

lands referred to in paragraph (2)(D) of such subsection and are

ready, willing, and able to purchase such interest for the fair

market value of such interest. Whenever such interest of the

United States is available for purchase under this section, the

Secretary shall transmit a notice of the availability of such

interest to each such person.''

Subsec. (c). Pub. L. 103-160, Sec. 2851(a)(2), substituted

''Administrator'' for ''Secretary''.

Subsec. (e). Pub. L. 103-160, Sec. 2851(a)(3), substituted

''Secretary of the Air Force with respect to such tract, and (2)

such additional terms and conditions as the Administrator'' for

''Secretary with respect to such tract, and (2) such additional

terms and conditions as the Secretary''.

Subsec. (f). Pub. L. 103-160, Sec. 2851(a)(4), substituted

''Administrator'' for ''Secretary''.

-CITE-

10 USC Sec. 9782 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

Sec. 9782. Maintenance and repair of real property

-STATUTE-

(a) Allocation of Funds. - The Secretary of the Air Force shall

allocate funds authorized to be appropriated by a provision

described in subsection (c) and a provision described in subsection

(d) for maintenance and repair of real property at military

installations of the Department of the Air Force without regard to

whether the installation is supported with funds authorized by a

provision described in subsection (c) or (d).

(b) Mixing of Funds Prohibited on Individual Projects. - The

Secretary of the Air Force may not combine funds authorized to be

appropriated by a provision described in subsection (c) and funds

authorized to be appropriated by a provision described in

subsection (d) for an individual project for maintenance and repair

of real property at a military installation of the Department of

the Air Force.

(c) Research, Development, Test, and Evaluation Funds. - The

provision described in this subsection is a provision of a national

defense authorization Act that authorizes funds to be appropriated

for a fiscal year to the Air Force for research, development, test,

and evaluation.

(d) Operation and Maintenance Funds. - The provision described in

this subsection is a provision of a national defense authorization

Act that authorizes funds to be appropriated for a fiscal year to

the Air Force for operation and maintenance.

-SOURCE-

(Added Pub. L. 105-85, div. A, title II, Sec. 242(a), Nov. 18,

1997, 111 Stat. 1666.)

-CITE-

10 USC Sec. 9783 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 949 - REAL PROPERTY

-HEAD-

Sec. 9783. Johnston Atoll: reimbursement for support provided to

civil air carriers

-STATUTE-

(a) Authority of the Secretary. - The Secretary of the Air Force

may, under regulations prescribed by the Secretary, require payment

by a civil air carrier for support provided by the United States to

the carrier at Johnston Atoll that is either -

(1) requested by the civil air carrier; or

(2) determined under the regulations as being necessary to

accommodate the civil air carrier's use of Johnston Atoll.

(b) Amount of Charges. - Any amount charged an air carrier under

subsection (a) for support shall be equal to the total amount of

the actual costs to the United States of providing the support.

The amount charged may not include any amount for an item of

support that does not satisfy a condition described in paragraph

(1) or (2) of subsection (a).

(c) Relationship to Landing Fees. - No landing fee shall be

charged an air carrier for a landing of an aircraft of the air

carrier at Johnston Atoll if the air carrier is charged under

subsection (a) for support provided to the air carrier.

(d) Disposition of Payments. - (1) Amounts collected from an air

carrier under this section shall be credited to appropriations

available for the fiscal year in which collected, as follows:

(A) For support provided by the Air Force, to appropriations

available for the Air Force for operation and maintenance.

(B) For support provided by the Army, to appropriations

available for the Army for chemical demilitarization.

(2) Amounts credited to an appropriation under paragraph (1)

shall be merged with funds in that appropriation and shall be

available, without further appropriation, for the purposes and

period for which the appropriation is available.

(e) Definitions. - In this section:

(1) The term ''civil air carrier'' means an air carrier (as

defined in section 40102(a)(2) of title 49) that is issued a

certificate of public convenience and necessity under section

41102 of such title.

(2) The term ''support'' includes fuel, fire rescue, use of

facilities, improvements necessary to accommodate use by civil

air carriers, police, safety, housing, food, air traffic control,

suspension of military operations on the island (including

operations at the Johnston Atoll Chemical Agent Demilitarization

System), repairs, and any other construction, services, or

supplies.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec. 383(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-86; amended Pub. L. 107-107,

div. A, title X, Sec. 1048(a)(30), Dec. 28, 2001, 115 Stat. 1225.)

-MISC1-

AMENDMENTS

2001 - Subsec. (e)(1). Pub. L. 107-107 substituted

''40102(a)(2)'' for ''40101(a)(2)''.

-CITE-