10 U.S.C. § 2688 — Utility systems: conveyance authority

Page 2135 TITLE 10—ARMED FORCES § 2688 section 1081(d)(15) is effective as of Dec. 23, 2016, and as if included in Pub. L. 114–328 as enacted. EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b)(7) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted. EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–291, div. B, title XXVIII, § 2803(d), Dec. 19, 2014, 128 Stat. 3697, which provided the effective date for the amendments made by section 2803 of Pub. L. 113–291, was repealed by Pub. L. 114–328, div. B, title XXVIII, § 2811(c), Dec. 23, 2016, 130 Stat. 2716. REPEAL OF 2014 AMENDMENT Pub. L. 114–328, div. B, title XXVIII, § 2811(c), Dec. 23, 2016, 130 Stat. 2716, as amended by Pub. L. 115–91, div. A, title X, § 1081(d)(15), Dec. 12, 2017, 131 Stat. 1600, pro- vided that: ‘‘Section 2803 of the Carl Levin and Howard ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3696) [amending this section and section 2802 of this title and enacting provisions set out as a note under this sec- tion] is repealed.’’ TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. PROHIBITION RELATING TO CLOSURE OR RETURN TO HOST NATION OF EXISTING MILITARY INSTALLATIONS, INFRASTRUCTURE, OR REAL PROPERTY IN EUROPE Pub. L. 116–283, div. B, title XXVIII, § 2828, Jan. 1, 2021, 134 Stat. 4338, provided that: ‘‘(a) PROHIBITION ON CLOSURE OR RETURN.—Except as provided by subsection (b), the Secretary of Defense shall not implement any activity that closes or returns to the host nation any military installation, infra- structure, or real property in Europe that, as of the date of enactment of this Act [Jan. 1, 2021], is under the operational control of the Department of Defense or a military department and is utilized by the United States Armed Forces. ‘‘(b) WAIVER AND EXCEPTION.—The Secretary of De- fense may waive the prohibition under subsection (a) if the Secretary certifies to the congressional defense committees [Committees on Armed Services and Ap- propriations of the Senate and the House of Represent- atives] that there is no longer a foreseeable need for the military installation, infrastructure, or real prop- erty, or a portion of the military installation in the case of a partial closure and return of a military instal- lation, to support a permanent or rotational United States military presence in the European theater.’’ § 2688. Utility systems: conveyance authority (a) CONVEYANCE AUTHORITY.—The Secretary of a military department may convey a utility sys- tem, or part of a utility system, under the juris- diction of the Secretary to a municipal, private, regional, district, or cooperative utility com- pany or other entity. The conveyance may con- sist of all right, title, and interest of the United States in the utility system or such lesser estate as the Secretary considers appropriate to serve the interests of the United States. (b) SELECTION OF CONVEYEE.—(1) If more than one utility or entity referred to in subsection (a) notifies the Secretary concerned of an interest in a conveyance under such subsection, the Sec- retary shall carry out the conveyance through the use of competitive procedures. (2) Notwithstanding paragraph (1), the Sec- retary concerned may use procedures other than competitive procedures, but only in accordance with subsections (a), (b), (d), and (e) of section 3204 of this title, to select the conveyee of a util- ity system (or part of a utility system) under subsection (a). (3) With respect to the solicitation process used in connection with the conveyance of a utility system (or part of a utility system) under subsection (a), the Secretary concerned shall ensure that the process is conducted in a manner consistent with the laws and regulations of the State in which the utility system is lo- cated to the extent necessary to ensure that all interested regulated and unregulated utility companies and other interested entities receive an opportunity to acquire and operate the util- ity system to be conveyed. (c) CONSIDERATION.—(1) The Secretary con- cerned may require as consideration for a con- veyance under subsection (a) an amount equal to the fair market value (as determined by the Secretary) of the right, title, or interest of the United States conveyed. The consideration may take the form of— (A) a lump sum payment; or (B) a reduction in charges for utility serv- ices provided by the utility or entity con- cerned to the military installation at which the utility system is located. (2) If the utility services proposed to be pro- vided as consideration under paragraph (1) are subject to regulation by a Federal or State agency, any reduction in the rate charged for the utility services shall be subject to establish- ment or approval by that agency. (d) CONTRACTS FOR UTILITY SERVICES.—(1) Ex- cept as provided in paragraph (2), a contract for the receipt of utility services as consideration under subsection (c), or any other contract for utility services entered into by the Secretary concerned in connection with the conveyance of a utility system under this section, may be for a period not to exceed 10 years. (2) The Secretary concerned may authorize a contract for utility services described in para- graph (1) or the renewal of such a contract to have a term in excess of 10 years, but not to ex- ceed 50 years, if the Secretary concerned deter- mines that a contract for a longer term will be cost effective. The determination of cost effec- tiveness shall be made using a business case analysis that includes an independent estimate of the level of investment that should be re- quired to maintain adequate operation of the utility system over the proposed term of the contract or contract renewal. The business case analysis must also demonstrate how a privatized system will operate in a manner consistent with subsection (g)(3). A renewal of a contract pursu- ant to this paragraph may be entered into only within the last five years of the existing con- tract term. (e) TREATMENT OF PAYMENTS.—(1) A lump sum payment received under subsection (c) shall be credited, at the election of the Secretary con- cerned— (A) to an appropriation of the military de- partment concerned available for the procure- ment of the same utility services as are pro- Page 2136 TITLE 10—ARMED FORCES § 2688 1 See References in Text note below. vided by the utility system conveyed under this section; (B) to an appropriation of the military de- partment available for carrying out energy savings projects or water conservation projects; or (C) to an appropriation of the military de- partment available for improvements to other utility systems. (2) Amounts so credited shall be merged with funds in the appropriation to which credited and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriation with which merged. [(f) Repealed. Pub. L. 112–81, div. A, title X, § 1061(21)(C), Dec. 31, 2011, 125 Stat. 1584.] (g) ADDITIONAL TERMS AND CONDITIONS.—(1) The Secretary concerned may require such addi- tional terms and conditions in connection with a conveyance under subsection (a) as the Sec- retary considers appropriate to protect the in- terests of the United States. (2) The Secretary concerned shall require in any contract for the conveyance of a utility sys- tem (or part of a utility system) under sub- section (a) that the conveyee manage and oper- ate the utility system in a manner consistent with applicable Federal and State regulations pertaining to health, safety, fire, and environ- mental requirements. (3) The Secretary concerned shall require in any contract for the conveyance of a utility sys- tem (or part of a utility system) under sub- section (a) that the conveyee manage and oper- ate the utility system in a manner consistent with energy resilience and cybersecurity re- quirements and associated metrics provided to the conveyee to ensure that the reliability of the utility system meets mission requirements. (4) The Secretary of Defense, in consultation with the Secretaries of the military depart- ments, shall include in the report submitted under section 2925(a) 1 of this title a description of progress in meeting energy resilience metrics for all conveyance contracts entered into pursu- ant to this section. (h) ASSISTANCE FOR CONSTRUCTION, REPAIR, OR REPLACEMENT OF UTILITY SYSTEMS.—In lieu of carrying out a military construction project to construct, repair, or replace a utility system, the Secretary concerned may use funds author- ized and appropriated for the project to facili- tate the conveyance of the utility system under this section by making a contribution toward the cost of construction, repair, or replacement of the utility system by the entity to which the utility system is being conveyed. (i) UTILITY SYSTEM DEFINED.—(1) In this sec- tion, the term ‘‘utility system’’ means any of the following: (A) A system for the generation and supply of electric power. (B) A system for the treatment or supply of water. (C) A system for the collection or treatment of wastewater. (D) A system for the generation or supply of steam, hot water, and chilled water. (E) A system for the supply of natural gas. (F) A system for the transmission of tele- communications. (2) The term ‘‘utility system’’ includes the fol- lowing: (A) Equipment, fixtures, structures, and other improvements utilized in connection with a system referred to in paragraph (1). (B) Real property, easements, and rights-of- way associated with a system referred to in that paragraph. (j) CONVEYANCE OF ADDITIONAL UTILITY INFRA- STRUCTURE AFTER CONVEYANCE OF A UTILITY SYSTEM.—(1) Upon conveyance of a utility sys- tem, the Secretary of a military department may convey additional utility infrastructure under the jurisdiction of the Secretary on a military installation to a utility or entity to which a utility system for the installation has been conveyed under subsection (a) if the Sec- retary determines that— (A) the additional utility infrastructure can- not operate without being a part of the con- veyed utility system or operation of the addi- tional utility infrastructure by the utility or entity would be in the best interest of the Government; and (B) the military department receives as con- sideration an amount for the utility infra- structure determined in the same manner as the consideration the Secretary could require under subsection (c) for a conveyance under subsection (a). (2) The conveyance under this paragraph may consist of all right, title, and interest of the United States or such lesser estate as the Sec- retary considers appropriate to serve the inter- ests of the United States. (k) IMPROVEMENT OF CONVEYED UTILITY SYS- TEM.—(1) In the case of a utility system that has been conveyed under this section and that only provides utility services to a military installa- tion, the Secretary of Defense or the Secretary of a military department may authorize a con- tract on a sole source basis with the conveyee of the utility system to carry out a military con- struction project as authorized and appropriated for by law for an infrastructure improvement that enhances the reliability, resilience, effi- ciency, physical security, or cybersecurity of the utility system. (2) The Secretary of Defense or the Secretary of a military department may convey under sub- section (j) any infrastructure constructed under paragraph (1) that is in addition to the utility system conveyed under such paragraph. (l) LIMITATION.—This section shall not apply to projects constructed or operated by the Army Corps of Engineers under its civil works authori- ties. (Added Pub. L. 105–85, div. B, title XXVIII, § 2812(a), Nov. 18, 1997, 111 Stat. 1992; amended Pub. L. 106–65, div. A, title X, § 1067(1), div. B, title XXVIII, § 2812, Oct. 5, 1999, 113 Stat. 774, 851; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(15), div. B, title XXVIII, § 2813], Oct. 30, 2000, 114 Stat. 1654, 1654A–291, 1654A–418; Pub. L. 108–136, div. A, title X, § 1031(a)(32), Nov. 24, 2003, 117 Stat. 1600; Pub. L. 109–163, div. B, title XXVIII, Page 2137 TITLE 10—ARMED FORCES § 2688 § 2823(a)–(d), Jan. 6, 2006, 119 Stat. 3514–3516; Pub. L. 110–417, div. B, title XXVIII, § 2813, Oct. 14, 2008, 122 Stat. 4728; Pub. L. 111–84, div. B, title XXVIII, § 2821, Oct. 28, 2009, 123 Stat. 2664; Pub. L. 112–81, div. A, title X, § 1061(21), Dec. 31, 2011, 125 Stat. 1584; Pub. L. 113–66, div. B, title XXVIII, § 2813, Dec. 26, 2013, 127 Stat. 1014; Pub. L. 114–92, div. B, title XXVIII, § 2813, Nov. 25, 2015, 129 Stat. 1175; Pub. L. 115–91, div. B, title XXVIII, § 2834, Dec. 12, 2017, 131 Stat. 1858; Pub. L. 115–232, div. A, title III, § 312(e), Aug. 13, 2018, 132 Stat. 1710; Pub. L. 116–92, div. A, title III, § 315, Dec. 20, 2019, 133 Stat. 1304; Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), div. B, title XXVIII, §§ 2823(a), 2824, Jan. 1, 2021, 134 Stat. 4294, 4333; Pub. L. 118–31, div. B, title XXVIII, § 2811(a), Dec. 22, 2023, 137 Stat. 748; Pub. L. 118–159, div. A, title XVII, § 1701(a)(29), Dec. 23, 2024, 138 Stat. 2204.) Editorial Notes REFERENCES IN TEXT Section 2925(a) of this title, referred to in subsec. (g)(4), was struck out, and a new subsec. (a) of section 2925 of this title relating to annual reports on energy performance, resilience, and readiness of Department of Defense was added, by Pub. L. 117–263, div. A, title III, § 314(b)(1)(B), Dec. 23, 2022, 136 Stat. 2504. PRIOR PROVISIONS A prior section 2688, added Pub. L. 96–125, title VIII, § 804(a)(1), Nov. 26, 1979, 93 Stat. 948; amended Pub. L. 96–418, title VIII, § 804, Oct. 10, 1980, 94 Stat. 1777; Pub. L. 97–22, § 11(a)(9), July 10, 1981, 95 Stat. 138; Pub. L. 97–99, title IX, § 901, Dec. 23, 1981, 95 Stat. 1381, related to use of solar energy systems in new facilities, prior to repeal by Pub. L. 97–214, §§ 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized be- fore, on, or after such date. See section 2915 of this title. AMENDMENTS 2024—Subsec. (g)(4). Pub. L. 118–159 struck out ‘‘in- stallation energy’’ before ‘‘report submitted’’. 2023—Subsec. (k). Pub. L. 118–31 amended subsec. (k) generally. Prior to amendment, text read as follows: ‘‘In the case of a utility system that is conveyed under this section and that only provides utility services to a military installation, the Secretary concerned may use amounts authorized to be appropriated for military construction to improve the reliability, resilience, effi- ciency, physical security, or cybersecurity of the util- ity system.’’ 2021—Subsec. (b)(2). Pub. L. 116–283, § 1883(b)(2), sub- stituted ‘‘subsections (a), (b), (d), and (e) of section 3204’’ for ‘‘subsections (c) through (f) of section 2304’’. Subsec. (d)(2). Pub. L. 116–283, § 2824, substituted ‘‘The Secretary concerned’’ for ‘‘The Secretary of Defense, or the designee of the Secretary,’’ and ‘‘if the Secretary concerned’’ for ‘‘if the Secretary’’. Pub. L. 116–283, § 2823(a), inserted ‘‘or the renewal of such a contract’’ after ‘‘paragraph (1)’’, substituted ‘‘the contract or contract renewal.’’ for ‘‘the con- tract.’’, and inserted at end ‘‘A renewal of a contract pursuant to this paragraph may be entered into only within the last five years of the existing contract term.’’ 2019—Subsecs. (k), (l). Pub. L. 116–92 added subsec. (k) and redesignated former subsec. (k) as (l). 2018—Subsec. (d)(2). Pub. L. 115–232, § 312(e)(1), in- serted at end ‘‘The business case analysis must also demonstrate how a privatized system will operate in a manner consistent with subsection (g)(3).’’ Subsec. (g)(3). Pub. L. 115–232, § 312(e)(2), substituted ‘‘shall require’’ for ‘‘may require’’ and ‘‘consistent with energy resilience and cybersecurity requirements and associated metrics’’ for ‘‘consistent with energy resil- ience requirements and metrics’’. 2017—Subsec. (g)(3), (4). Pub. L. 115–91 added pars. (3) and (4). 2015—Subsec. (j). Pub. L. 114–92, § 2813(1), substituted ‘‘Conveyance of Additional’’ for ‘‘Construction of’’ in heading. Subsec. (j)(1). Pub. L. 114–92, § 2813(2), redesignated subpar. (B) as (A) and substituted ‘‘utility system or operation of the additional utility infrastructure by the utility or entity would be in the best interest of the Government; and’’ for ‘‘utility system;’’, redesignated subpar. (D) as (B) and substituted ‘‘amount for’’ for ‘‘amount equal to the fair market value of’’, and struck out former subpars. (A) and (C) which read as follows: ‘‘(A) the additional utility infrastructure was con- structed or installed after the date of the conveyance of the utility system; ‘‘(C) the additional utility infrastructure was planned and coordinated with the entity operating the conveyed utility system; and’’. 2013—Subsec. (d)(2). Pub. L. 113–66 inserted at end ‘‘The determination of cost effectiveness shall be made using a business case analysis that includes an inde- pendent estimate of the level of investment that should be required to maintain adequate operation of the util- ity system over the proposed term of the contract.’’ 2011—Subsec. (a). Pub. L. 112–81, § 1061(21)(A), struck out par. (1) designation before ‘‘The Secretary of a military department’’ and struck out pars. (2) and (3) which related to conditions for entry into a contract to convey all or part of a utility system and conditions under which the Secretary concerned could not recon- sider conversion to contractor operation under section 2461 of this title for a five-year period, respectively. Subsec. (d)(2). Pub. L. 112–81, § 1061(21)(B), struck out at end ‘‘The economic analysis submitted to the con- gressional defense committees under subsection (a)(2) for the conveyance of the utility system, or part there- of, with regard to which the utility services contract will be entered into by the Secretary concerned shall include the determination required by this paragraph, an explanation of the need for the longer term con- tract, and a comparison of costs between a 10-year con- tract and the longer-term contract.’’ Subsec. (f). Pub. L. 112–81, § 1061(21)(C), struck out subsec. (f). Prior to amendment, text read as follows: ‘‘Not later than 30 days after the end of each quarter of a fiscal year, the Secretary shall submit to the congres- sional defense committees a report on the conveyances made under subsection (a) during such fiscal quarter.’’ Subsec. (h). Pub. L. 112–81, § 1061(21)(D), struck out at end ‘‘The Secretary concerned shall consider any such contribution in the economic analysis required under subsection (a)(2).’’ 2009—Subsec. (a)(2)(A)(ii). Pub. L. 111–84, § 2821(a), sub- stituted ‘‘system by 10 percent of the long-term cost for provision of those utility services in the agency tender; and’’ for ‘‘system; and’’. Subsec. (a)(3). Pub. L. 111–84, § 2821(b), added par. (3). 2008—Subsecs. (j), (k). Pub. L. 110–417 added subsec. (j) and redesignated former subsec. (j) as (k). 2006—Subsec. (a). Pub. L. 109–163, § 2823(a), designated existing provisions as par. (1) and added par. (2). Subsec. (c)(1). Pub. L. 109–163, § 2823(b), substituted ‘‘may require’’ for ‘‘shall require’’ in introductory pro- visions. Subsec. (c)(3). Pub. L. 109–163, § 2823(c)(2), redesignated subsec. (c)(3) as (d). Subsec. (d). Pub. L. 109–163, § 2823(c)(2), redesignated subsec. (c)(3) as (d), substituted ‘‘CONTRACTS FOR UTIL- ITY SERVICES.—(1) Except as provided in paragraph (2), a contract’’ for ‘‘A contract’’, ‘‘subsection (c)’’ for ‘‘paragraph (1)’’, and ‘‘10 years’’ for ‘‘50 years’’, and added par. (2). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109–163, § 2823(c)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Page 2138 TITLE 10—ARMED FORCES [§ 2689 Subsec. (f). Pub. L. 109–163, § 2823(d)(1), struck out at end ‘‘The report shall include, for each such convey- ance, an economic analysis (based upon accepted life- cycle costing procedures approved by the Secretary of Defense) demonstrating that— ‘‘(1) the long-term economic benefit of the convey- ance to the United States exceeds the long-term eco- nomic cost of the conveyance to the United States; and ‘‘(2) the conveyance will reduce the long-term costs of the United States for utility services provided by the utility system concerned.’’ Pub. L. 109–163, § 2823(c)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 109–163, § 2823(c)(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 109–163, § 2823(d)(2), substituted ‘‘subsection (a)(2)’’ for ‘‘subsection (e)’’. Pub. L. 109–163, § 2823(c)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i). Subsecs. (i), (j). Pub. L. 109–163, § 2823(c)(1), redesig- nated subsecs. (h) and (i) as (i) and (j), respectively. 2003—Subsec. (e). Pub. L. 108–136 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: ‘‘The Secretary concerned may not make a conveyance under subsection (a) until— ‘‘(1) the Secretary submits to the Committee on Armed Services and the Committee on Appropria- tions of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives an economic analysis (based upon accepted life-cycle costing procedures ap- proved by the Secretary of Defense) demonstrating that— ‘‘(A) the long-term economic benefit of the con- veyance to the United States exceeds the long-term economic cost of the conveyance to the United States; and ‘‘(B) the conveyance will reduce the long-term costs of the United States for utility services pro- vided by the utility system concerned; and ‘‘(2) a period of 21 days has elapsed after the date on which the economic analysis is received by the com- mittees.’’ 2000—Subsec. (b). Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2813(a)], designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (f). Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2813(b)], designated existing provisions as par. (1) and added par. (2). Subsecs. (h) to (j). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(15)], redesignated subsecs. (i) and (j) as (h) and (i), respectively. 1999—Subsec. (c)(3). Pub. L. 106–65, § 2812(a), added par. (3). Subsec. (e)(1). Pub. L. 106–65, § 1067(1), substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Committee on National Security’’ in introductory pro- visions. Subsec. (g). Pub. L. 106–65, § 2812(c)(2), added subsec. (g). Former subsec. (g) redesignated (i). Subsec. (g)(2)(B). Pub. L. 106–65, § 2812(b), substituted ‘‘Real property, easements,’’ for ‘‘Easements’’. Subsecs. (h) to (j). Pub. L. 106–65, § 2812(c)(1), redesig- nated subsecs. (g) and (h) as (i) and (j), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1883(b)(2) of Pub. L. 116–283 ef- fective Jan. 1, 2022, with additional provisions for de- layed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. SENSE OF CONGRESS REGARDING INCLUSION OF STORMWATER SYSTEMS AND COMPONENTS WITHIN THE MEANING OF ‘‘WASTEWATER SYSTEM’’ UNDER THE DE- PARTMENT OF DEFENSE AUTHORITY FOR CONVEYANCE OF UTILITY SYSTEMS Pub. L. 114–328, div. B, title XXVIII, § 2813, Dec. 23, 2016, 130 Stat. 2717, provided that: ‘‘It is the sense of Congress that the reference to a system for the collec- tion or treatment of wastewater in the definition of ‘utility system’ in section 2688 of title 10, United States Code, which authorizes the Department of Defense to convey utility systems, includes stormwater systems and components.’’ [§ 2689. Renumbered § 2917] [§ 2690. Renumbered § 2918] § 2691. Restoration of land used by permit or damaged by mishap; reimbursement of State costs of fighting wildland fires (a) RESTORATION OF OTHER AGENCY LAND USED BY PERMIT.—The Secretary of the military de- partment concerned may remove improvements and take any other action necessary in the judg- ment of the Secretary to restore land used by that military department by permit from an- other military department or Federal agency if the restoration is required by the permit mak- ing that land available to the military depart- ment. The Secretary concerned may carry out this section using funds available for operations and maintenance or for military construction. (b) SCREENING FOR USE OF IMPROVED LAND.— Unless otherwise prohibited by law or the terms of the permit, before restoration of any land under subsection (a) is begun, the Secretary con- cerned shall determine, under the provisions of subtitle I of title 40 and division C (except sec- tions 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, whether another military department or Federal agency has a use for the land in its existing, improved state. During the period required to make such a determination, the Secretary may provide for maintenance and repair of improvements on the land to the stand- ards established for excess property by the Ad- ministrator of General Services. (c) RESTORATION OF DEPARTMENT OF DEFENSE LAND USED BY OTHER AGENCY.—(1) As a condi- tion of any permit, license, or other grant of ac- cess entered into by the Secretary of a military department with another Federal agency au- thorizing the agency to use lands under the con- trol of the Secretary, the Secretary may require the agency to agree to remove any improve- ments and to take any other action necessary in the judgment of the Secretary to restore the land used by the agency to its condition before its use by the agency. (2) In lieu of performing any removal or res- toration work under paragraph (1), a Federal agency may elect, with the consent of the Sec- retary, to reimburse the Secretary for the costs incurred by the military department in per- forming such removal or restoration work. (d) WILDLAND FIRES ON STATE LAND.—The Sec- retary of Defense may, in any lease, permit, li- cense, or other grant of access for use of lands owned by a State, agree to reimburse the State for the reasonable costs of the State in sup- pressing wildland fires caused by the activities of the Department of Defense under such lease, permit, license, or other grant of access. (e) RESTORATION OF LAND DAMAGED BY MIS- HAP.—(1) When land under the administrative ju- risdiction of a Federal agency that is not a part of the Department of Defense is damaged as the result of a mishap involving a vessel, aircraft, or