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10 U.S.C. § 2668 — Easements for rights-of-way

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2668 — Easements for rights-of-way

**(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terms as the Secretary considers advisable, easements for rights-of-way over, in, and upon public lands permanently withdrawn or reserved for the use of that department, and other lands under the Secretary’s control for— (1) railroad tracks; (2) gas, water, sewer, and oil pipe lines;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)

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Source location: Title 10, Chapter 159, § 2668; chapter-159-real-property-related-personal-property-and-lease-of-non-excess-property.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2667 — Leases: non-excess property of military departments and Defense Agencies

**(a) Lease Authority.—** Whenever the Secretary concerned considers it advantageous to the United States, the Secretary concerned may lease to such lessee and upon such terms as the Secretary concerned considers will promote the national defense or to be in the public interest, real or personal property that— (1) is under the control of the Secretary concerned; (2) is not for the time needed for public use; and (3) is not excess property, as defined by [section 102 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102&num=0&edition=prelim). **(b) Conditions on Leases.—** A lease under subsection (a)— (1) may not be for more than five years, unless the Secretary concerned determines that a lease for a longer period will promote the national defense or be in the public interest; (2) may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law; (3) shall permit the Secretary to revoke the lease at any time, unless he determines that the omission of such a provision will promote the national defense or be in the public interest; (4) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Secretary; (5) may provide, notwithstanding [section 1302 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1302&num=0&edition=prelim) or any other provision of law, for the alteration, repair, or improvement, by the lessee, of the property leased as the payment of part or all of the consideration for the lease; (6) except as otherwise provided in subsection (d), shall require the

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 961 — Rights-of-way for power and communications facilities

That the head of the department having jurisdiction over the lands be, and he hereby is, authorized and empowered, under general regulations to be fixed by him, to grant an easement for rights-of-way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands, national forests, and reservations of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for communication purposes, and for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to the extent of two hundred feet on each side of the center line of such lines and poles and not to exceed four hundred feet by four hundred feet for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right-of-way herein granted for any one or more of the purposes herein named: Provided, That such right-of-way shall be allowed within or through any national park, national forest, military, Indian, or any other reservation only upon the approval of the chief officer of the department under whose supervision or control such reservation falls, and upon a finding by him that the same is not incompatible with the public interest: Provided further, That all or any part of such right-of-way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for abandonment.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2669 — Transfer of land and facilities to support contracts with federally funded research and development centers

**(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 facilitie

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7777 — Permits: military reservations; landing ferries, erecting bridges, driving livestock

Whenever the Secretary of the Army 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9777 — Permits: military reservations; landing ferries, erecting bridges, driving livestock

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.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 931b — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section, act July 24, 1946, ch. 596, § 7, 60 Stat. 643, authorized Secretary of War to grant easements and rights-of-way to States, etc. See [section 2668 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2668&num=0&edition=prelim), Armed Forces.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2668 — Easements for rights-of-way

Page 2074 TITLE 10—ARMED FORCES § 2668 § 3(b)(13), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 108–136, 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 PROVISIONS A prior section 2667a, added Pub. L. 98–115, title VIII, § 807(a)(1), Oct. 11, 1983, 97 Stat. 786, provided for sale and replacement of nonexcess real property, prior to re- peal by Pub. L. 98–115, title VIII, § 807(c), Oct. 11, 1983, 97 Stat. 789, as amended by Pub. L. 99–167, title VIII, § 806(a), Dec. 3, 1985, 99 Stat. 988, effective Oct. 1, 1986. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 110–417, 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 Sec- retary 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 pursu- ant 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 ac- count in connection with a lease referred to in para- graph (2), shall— ‘‘(A) remain available until expended for the pur- poses 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 amend

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