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10 U.S.C. § 2664 — Limitations on real property acquisition
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization for Acquisition Required.—** No military department may acquire real property not owned by the United States unless the acquisition is expressly authorized by law. The foregoing limitation shall not apply to the acceptance by a military department of real property acquired under the authority of the Administrator of General Services to acquire property by the exchange of Government property pursuant to subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
**(b) Commissions on Land Purchase Contracts.—** The maximum amount payable as a commission on a contract for the purchase of land from funds appropriated for the Department of Defense is two percent of the purchase price.
**(c) Cost Limitations.—**
(1) Except as provided in paragraph (2), the cost authorized for a land acquisition project may be increased by not more than 25 percent of the amount appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (A) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (B) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress.
(2) Until subsection (d) is complied with, a land acquisition project may not be placed under contract if, based upon the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land—
(A) the scope of the acquisition, as approved by Congress, is proposed to be reduced by more than 25 percent;
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Source file: Laws/federal/codes/united-states-code/title-10/section-2664-limitations-on-real-property-acquisition--232c8f79ce.md
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Source location: Title 10, Chapter 159, § 2664; chapter-159-real-property-related-personal-property-and-lease-of-non-excess-property.md
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**(a) Authorization for Acquisition Required.—** No military department may acquire real property not owned by the United States unless the acquisition is expressly authorized by law. The foregoing limitation shall not apply to the acceptance by a military department of real property acquired under the authority of the Administrator of General Services to acquire property by the exchange of Government property pursuant to subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
**(b) Commissions on Land Purchase Contracts.—** The maximum amount payable as a commission on a contract for the purchase of land from funds appropriated for the Department of Defense is two percent of the purchase price.
**(c) Cost Limitations.—**
(1) Except as provided in paragraph (2), the cost authorized for a land acquisition project may be increased by not more than 25 percent of the amount appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (A) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (B) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress.
(2) Until subsection (d) is complied with, a land acquisition project may not be placed under contract if, based upon the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land—
(A) the scope of the acquisition, as approved by Congress, is proposed to be reduced by more than 25 percent; or
(B) the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land, exceeds the amount appropriated for the project by more than (i) 25 percent, or (ii) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser.
**(d) Congressional Notification.—** The limitations on reduction in scope or increase in cost of a land acquisition in subsection (c) do not apply if the reduction in scope or the increase in cost, as the case may be, is approved by the Secretary concerned and a notification of the facts relating to the proposed reduced scope or increased cost (including a statement of the reasons therefor) is submitted by the Secretary concerned to the congressional defense committees. A contract for the acquisition may then be awarded only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim).
**(e) Payment of Judgements and Settlements.—** The Secretary concerned shall promptly pay any deficiency judgment against the United States awarded by a court in an action for condemnation of any interest in land or resulting from a final settlement of an action for condemnation of any interest in land. Payments under this subsection may be made from funds available to the Secretary concerned for military construction projects and without regard to the limitations of subsections (c) and (d).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability of Operation and Maintenance Funds.—** Appropriations for operation and maintenance of the active forces shall be available for the following:
(1) The repair of facilities.
(2) The installation of equipment in public and private plants.
**(b) Leasing and Road Maintenance Authority.—** The Secretary of Defense and the Secretary of each military department may provide for the following:
(1) The leasing of buildings and facilities (including the payment of rentals for special purpose space at the seat of Government). Rental for such leases may be paid in advance in connection with—
(A) the conduct of field exercises and maneuvers; and
(B) the administration of the Act of July 9, 1942 ([43 U.S.C. 315q](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315q&num=0&edition=prelim)).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim).
**(c) Prohibition on Naming Department of Defense Real Property After Member of Congress.—**
(1) Real property under the jurisdiction of the Secretary of Defense or the Secretary of a military department may not be named after, or otherwise officially identified by the name of, any individual who is a Member of Congress at the time the property is so named or identified.
(2) In this subsection:
(A) The term “Member of Congress” includes a Delegate or Resident Commissioner to the Congress.
(B) The term “real property” includes structures, buildings, or other infrastructure of a military installation, roadways and defense access roads, and any other are
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2661
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2676
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acquisition of Land by Condemnation for Certain Military Purposes.—**
(1) Subject to subsection (f), the Secretary of a military department may have proceedings brought in the name of the United States, in a court of proper jurisdiction, to acquire by condemnation any interest in land, including temporary use, needed for—
(A) the site, construction, or operation of fortifications, coast defenses, or military training camps;
(B) the construction and operation of plants for the production of nitrate and other compounds, and the manufacture of explosives or other munitions of war; or
(C) the development and transmission of power for the operation of plants under subparagraph (B).
(2) In time of war or when war is imminent, the United States may, immediately upon the filing of a petition for condemnation under paragraph (1), take and use the land to the extent of the interest sought to be acquired.
**(b) Acquisition by Purchase in Lieu of Condemnation.—** The Secretary of the military department concerned may contract for or buy any interest in land, including temporary use, needed for any purpose named in subsection (a), as soon as the owner fixes a price for it and the Secretary considers that price to be reasonable.
**(c) Acquisition of Low-Cost Interests in Land.—**
(1) The Secretary of a military department may acquire any interest in land that—
(A) the Secretary determines is needed in the interest of national defense; and
(B) does not cost more than $4,000,000, exclusive of administrative costs and the amounts of any deficiency judgments.
(2) The Secretary of a military department may acquire any interest in land that—
(A) the Secretary determines is needed solely to correct a deficiency that is life-threatening, health-threatening, or s
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2663
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)).
**(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
**(c)** In this chapter and chapter 173 of this title:
(1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term “facility” means a building, structure, or other improvement to real property.
(3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
(4) The term “mil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium.
**(b) Exception.—** Subsection (a) does not apply to a report submitted in classified form.
**(c) Definition.—** In this section, the term “report” includes any certification, notification, or other communication in writing.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 480
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President, through an executive department, may sell to any person or foreign government any interest in land that is acquired for the production of lumber or timber products, except land under the control of the Department of the Army or the Department of the Air Force.
**(b)** The President, through an executive department, may sell to any person or foreign government any forest products produced on land owned or leased by a military department or the Department in which the Coast Guard is operating.
**(c)** Sales under subsection (a) or (b) shall be at prices determined by the President acting through the selling agency.
**(d)** Appropriations of the Department of Defense may be reimbursed for all costs of production of forest products pursuant to this section from amounts received as proceeds from the sale of any such property.
**(e)**
(1) Each State in which is located a military installation or facility from which forest products are sold in a fiscal year is entitled at the end of such year to an amount equal to 40 percent of (A) the amount received by the United States during such year as proceeds from the sale of forest products produced on such installation or facility, less (B) the amount of reimbursement of appropriations of the Department of Defense under subsection (d) during such year attributable to such installation or facility.
(2) The amount paid to a State pursuant to paragraph (1) shall be expended as the State legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which the military installation or facility is situated.
(3) In a case in which a military installation or facility is located in more than one State or county, the amount paid pursuant to paragraph (1) shall be dist
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2665
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Federal law — U.S. Code and appendices · legal_authorities
Page 2062
TITLE 10—ARMED FORCES
§ 2664
Editorial Notes
CODIFICATION
The text of section 2672, part of which was transferred
to this section, redesignated subsec. (c), and amended
by Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(2)–(5),
was based on Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat.
1459; amended Pub. L. 87–651, title I, § 112(a), Sept. 7,
1962, 76 Stat. 511; Pub. L. 92–145, title VII, § 707(2), (3),
Oct. 27, 1971, 85 Stat. 411; Pub. L. 96–418, title VIII,
§ 806(a), Oct. 10, 1980, 94 Stat. 1777; Pub. L. 99–167, title
VIII, § 810(a), (b)(1), Dec. 3, 1985, 99 Stat. 989, 990; Pub. L.
99–661, div. A, title XIII, § 1343(a)(16), Nov. 14, 1986, 100
Stat. 3993; Pub. L. 100–456, div. B, title XXVIII, § 2804,
Sept. 29, 1988, 102 Stat. 2115; Pub. L. 105–85, div. B, title
XXVIII, § 2811(a), (b)(1), Nov. 18, 1997, 111 Stat. 1991; Pub.
L. 108–136, div. B, title XXVIII, § 2811(a)–(b)(2), Nov. 24,
2003, 117 Stat. 1724, 1725; Pub. L. 108–375, div. B, title
XXVIII, § 2821(d)(1), Oct. 28, 2004, 118 Stat. 2130.
The text of section 2672a of this title, which was
transferred to this section, redesignated subsec. (d),
and amended by Pub. L. 109–163, div. B, title XXVIII,
§ 2821(a)(6)–(9), was based on Pub. L. 94–107, title VI,
§ 607(8), Oct. 7, 1975, 89 Stat. 566; amended Pub. L. 98–525,
title XIV, § 1405(39), Oct. 19, 1984, 98 Stat. 2624; Pub. L.
104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110
Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5,
1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X,
§ 1031(a)(29), Nov. 24, 2003, 117 Stat. 1599; Pub. L. 108–375,
div. A, title X, § 1084(d)(23), Oct. 28, 2004, 118 Stat. 2062.
The text of section 2676(b) of this title, which was
transferred to this section, redesignated subsec.
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2664
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