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10 U.S.C. § 2694 — Conservation and cultural activities

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

10 U.S.C. § 2694 — Conservation and cultural activities

Page 2142 TITLE 10—ARMED FORCES § 2694 military- or State-owned National Guard installation or installations.’’ § 2694. Conservation and cultural activities (a) ESTABLISHMENT.—The Secretary of Defense may establish and carry out a program to con- duct and manage in a coordinated manner the conservation and cultural activities described in subsection (b). (b) ACTIVITIES.—(1) A conservation or cultural activity eligible for the program that the Sec- retary establishes under subsection (a) is any activity— (A) that has regional or Department of De- fense-wide significance and that involves more than one military department or involves a sentinel landscape; (B) that is necessary to meet legal require- ments or to support military operations or that would contribute to maintaining or im- proving military installation resilience; (C) that can be more effectively managed at the Department of Defense level; and (D) for which no executive agency has been designated responsible by the Secretary. (2) Such activities include the following: (A) The development of ecosystem-wide land management plans or nature-based climate re- silience plans. (B) The conduct of wildlife studies to ensure the safety and sustainability of military oper- ations. (C) The identification and return of Native American human remains and cultural items in the possession or control of the Department of Defense, or discovered on land under the ju- risdiction of the Department, to the appro- priate Native American tribes. (D) The control of invasive species that may hinder military activities or degrade military training ranges. (E) The establishment of a regional curation system for artifacts found on military instal- lations. (F) The implementation of ecosystem-wide land managem

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Page 2142 TITLE 10—ARMED FORCES § 2694 military- or State-owned National Guard installation or installations.’’ § 2694. Conservation and cultural activities (a) ESTABLISHMENT.—The Secretary of Defense may establish and carry out a program to con- duct and manage in a coordinated manner the conservation and cultural activities described in subsection (b). (b) ACTIVITIES.—(1) A conservation or cultural activity eligible for the program that the Sec- retary establishes under subsection (a) is any activity— (A) that has regional or Department of De- fense-wide significance and that involves more than one military department or involves a sentinel landscape; (B) that is necessary to meet legal require- ments or to support military operations or that would contribute to maintaining or im- proving military installation resilience; (C) that can be more effectively managed at the Department of Defense level; and (D) for which no executive agency has been designated responsible by the Secretary. (2) Such activities include the following: (A) The development of ecosystem-wide land management plans or nature-based climate re- silience plans. (B) The conduct of wildlife studies to ensure the safety and sustainability of military oper- ations. (C) The identification and return of Native American human remains and cultural items in the possession or control of the Department of Defense, or discovered on land under the ju- risdiction of the Department, to the appro- priate Native American tribes. (D) The control of invasive species that may hinder military activities or degrade military training ranges. (E) The establishment of a regional curation system for artifacts found on military instal- lations. (F) The implementation of ecosystem-wide land management plans— (i) for a single ecosystem— (I) that encompasses at least two non- contiguous military installations, if those military installations are not all under the administrative jurisdiction of the same Secretary of a military department; and (II) providing synergistic benefits un- available if the installations acted sepa- rately; or (ii) for one or more ecosystems within a sentinel landscape. (c) COOPERATIVE AGREEMENTS.—The Secretary may negotiate and enter into cooperative agree- ments with public and private agencies, organi- zations, institutions, individuals, or other enti- ties to carry out the program established under subsection (a). (d) EFFECT ON OTHER LAWS.—Nothing in this section shall be construed or interpreted as pre- empting any otherwise applicable Federal, State, or local law or regulation relating to the management of natural and cultural resources on military installations. (e) SENTINEL LANDSCAPE DEFINED.—In this sec- tion, the term ‘‘sentinel landscape’’ has the meaning given that term in section 2693(g) of this title. (Added Pub. L. 104–201, div. A, title III, § 332(a)(1), Sept. 23, 1996, 110 Stat. 2484; amended Pub. L. 105–85, div. A, title X, § 1073(a)(59), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 112–81, div. B, title XXVIII, § 2814, Dec. 31, 2011, 125 Stat. 1688; Pub. L. 117–81, div. A, title III, § 317(c), Dec. 27, 2021, 135 Stat. 1632; Pub. L. 118–31, div. A, title III, § 311(c)(2), Dec. 22, 2023, 137 Stat. 215.) Editorial Notes AMENDMENTS 2023—Subsec. (e). Pub. L. 118–31 substituted ‘‘meaning given that term in section 2693(g) of this title’’ for ‘‘meaning given that term in section 317(f) of the Na- tional Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note)’’. 2021—Subsec. (b)(1)(A). Pub. L. 117–81, § 317(c)(1)(A)(i), inserted ‘‘or involves a sentinel landscape’’ before semi- colon at end. Subsec. (b)(1)(B). Pub. L. 117–81, § 317(c)(1)(A)(ii), in- serted ‘‘or that would contribute to maintaining or im- proving military installation resilience’’ before semi- colon at end. Subsec. (b)(2)(A). Pub. L. 117–81, § 317(c)(1)(B)(i), in- serted ‘‘or nature-based climate resilience plans’’ be- fore period at end. Subsec. (b)(2)(F)(i). Pub. L. 117–81, § 317(c)(1)(B)(ii)(I), inserted a dash after ‘‘single ecosystem’’, designated re- maining existing provisions as subcl. (I), redesignated provisions of existing cl. (ii) as subcl. (II) of cl. (i), and realigned margins. Subsec. (b)(2)(F)(ii). Pub. L. 117–81, § 317(c)(1)(B)(ii)(II), added cl. (ii). Former cl. (ii) redesig- nated cl. (i)(II). Subsec. (e). Pub. L. 117–81, § 317(c)(2), added subsec. (e). 2011—Subsec. (b)(2)(B). Pub. L. 112–81, § 2814(1), in- serted ‘‘and sustainability’’ after ‘‘safety’’. Subsec. (b)(2)(F). Pub. L. 112–81, § 2814(2), added sub- par. (F). 1997—Subsec. (b)(1)(D). Pub. L. 105–85 substituted ‘‘ex- ecutive agency’’ for ‘‘executive ageny’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–201, div. A, title III, § 332(b), Sept. 23, 1996, 110 Stat. 2485, provided that: ‘‘Section 2694 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1996.’’ § 2694a. Conveyance of surplus real property for natural resource conservation (a) AUTHORITY TO CONVEY.—The Secretary of a military department may convey to an eligible entity described in subsection (b) any surplus real property that— (1) is under the administrative control of the Secretary; (2) is suitable and desirable for conservation purposes; (3) has been made available for public benefit transfer for a sufficient period of time to po- tential claimants; and (4) is not subject to a pending request for transfer to another Federal agency or for con- veyance to any other qualified recipient for public benefit transfer under the real property disposal processes and authorities under sub- title I of title 40. (b) ELIGIBLE ENTITIES.—The conveyance of sur- plus real property under this section may be made to any of the following:

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

10 U.S.C. § 2684a — Agreements to limit encroachments and other constraints on military training, testing, and operations

**(a) Agreements Authorized.—** The Secretary of Defense or the Secretary of a military department may enter into an agreement with an eligible entity or entities described in subsection (b) to address the use or development of real property in the vicinity of, or ecologically related to, a military installation, as well as a State-owned National Guard installation, or military airspace for purposes of— (1) limiting any development or use of the property that would be incompatible with the mission of the installation; (2) preserving habitat on the property in a manner that— (A) is compatible with environmental requirements; and (B) may eliminate or relieve current or anticipated environmental restrictions that would or might otherwise restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on the installation; (3) maintaining or improving military installation resilience; or (4) protecting Clear Zone Areas from use or encroachment that is incompatible with the mission of the installation. **(b) Eligible Entities.—** For purposes of this section, an eligible entity is any of the following: (1) A State or political subdivision of a State. (2) A private entity that has as its stated principal organizational purpose or goal the conservation, restoration, or preservation of land and natural resources, or a similar purpose or goal, as determined by the Secretary concerned. **(c) Authority to Coordinate.—** (1) In entering into an agreement under subsection (a) or undertaking a project under such agreement, the Secretary of Defense or the Secretary of a military department, as the case may be, may coordinate with any other covered official with an interest in the activities p

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

10 U.S.C. § 2684a — Agreements to limit encroachments and

Page 2090 TITLE 10—ARMED FORCES § 2684a restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or oper- ations on a military installation. (c) APPLICATION OF OTHER LAWS.—Section 1535 and chapter 63 of title 31 shall not apply to a co- operative agreement entered into under this sec- tion. (d) CULTURAL RESOURCE DEFINED.—In this sec- tion, the term ‘‘cultural resource’’ means any of the following: (1) A building, structure, site, district, or ob- ject eligible for or included in the National Register of Historic Places maintained under section 302101 of title 54. (2) Cultural items, as that term is defined in section 2(3) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(3)). (3) An archaeological resource, as that term is defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)). (4) An archaeological artifact collection and associated records covered by section 79 of title 36, Code of Federal Regulations. (5) An Indian sacred site, as defined in sec- tion 1(b)(iii) of Executive Order No. 13007. (Added Pub. L. 104–201, div. B, title XXVIII, § 2862(a), Sept. 23, 1996, 110 Stat. 2804; amended Pub. L. 105–85, div. A, title X, § 1073(a)(58), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 110–181, div. B, title XXVIII, § 2824, Jan. 28, 2008, 122 Stat. 545; Pub. L. 113–287, § 5(b), Dec. 19, 2014, 128 Stat. 3264; Pub. L. 114–92, div. A, title X, § 1081(a)(10), Nov. 25, 2015, 129 Stat. 1001.) Editorial Notes REFERENCES IN TEXT Executive Order No. 13007, referred to in subsec. (d)(5), is set out under section 1996 of Title 42, The Pub- lic Health and Welfare. PRIOR PROVISIONS A prior section 2684, added Pub.

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2684a

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

10 U.S.C. § 2694 — Conservation and cultural activities

**(a) Establishment.—** The Secretary of Defense may establish and carry out a program to conduct and manage in a coordinated manner the conservation and cultural activities described in subsection (b). **(b) Activities.—** (1) A conservation or cultural activity eligible for the program that the Secretary establishes under subsection (a) is any activity— (A) that has regional or Department of Defense-wide significance and that involves more than one military department or involves a sentinel landscape; (B) that is necessary to meet legal requirements or to support military operations or that would contribute to maintaining or improving military installation resilience; (C) that can be more effectively managed at the Department of Defense level; and (D) for which no executive agency has been designated responsible by the Secretary. (2) Such activities include the following: (A) The development of ecosystem-wide land management plans or nature-based climate resilience plans. (B) The conduct of wildlife studies to ensure the safety and sustainability of military operations. (C) The identification and return of Native American human remains and cultural items in the possession or control of the Department of Defense, or discovered on land under the jurisdiction of the Department, to the appropriate Native American tribes. (D) The control of invasive species that may hinder military activities or degrade military training ranges. (E) The establishment of a regional curation system for artifacts found on military installations. (F) The implementation of ecosystem-wide land management plans— (i) for a single ecosystem— (I) that encompasses at least two non-contiguous military installations, if those military installations are not a

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2694

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