10 U.S.C. § 2678 — Feral horses and burros: removal from

Page 2085 TITLE 10—ARMED FORCES § 2679 [§ 2676. Renumbered § 2664] [§ 2677. Repealed. Pub. L. 110–181, div. B, title XXVIII, § 2822(b)(1), Jan. 28, 2008, 122 Stat. 544] Section, added Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1460; amended Pub. L. 87–554, title VI, § 607, July 27, 1962, 76 Stat. 242; Pub. L. 92–145, title VII, § 707(4), Oct. 27, 1971, 85 Stat. 412; Pub. L. 94–273, § 6(3), Apr. 21, 1976, 90 Stat. 377; Pub. L. 97–214, § 10(a)(5)(A), (B), July 12, 1982, 96 Stat. 175; Pub. L. 97–375, title I, § 104(b), Dec. 21, 1982, 96 Stat. 1819; Pub. L. 98–407, title VIII, § 803, Aug. 28, 1984, 98 Stat. 1519; Pub. L. 102–190, div. B, title XXVIII, § 2861, Dec. 5, 1991, 105 Stat. 1559; Pub. L. 103–35, title II, § 201(c)(9), May 31, 1993, 107 Stat. 98; Pub. L. 107–314, div. A, title X, § 1062(a)(12), Dec. 2, 2002, 116 Stat. 2650, related to options on property required for mili- tary construction projects. § 2678. Feral horses and burros: removal from military installations When feral horses or burros are found on an in- stallation under the jurisdiction of the Sec- retary of a military department, the Secretary may use helicopters and motorized equipment for their removal. (Added Pub. L. 101–510, div. A, title XIV, § 1481(h)(1), Nov. 5, 1990, 104 Stat. 1708.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 101–165, title IX, § 9030, Nov. 21, 1989, 103 Stat. 1135, which was set out as a note under section 2241 of this title, prior to repeal by Pub. L. 101–510, § 1481(h)(3). A prior section 2678, added Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1460, related to acquisition of mortgaged housing units, 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 before, on, or after such date. § 2679. Installation-support services: intergovern- mental support agreements (a) IN GENERAL.—(1) Notwithstanding any other provision of law governing the award of Federal Government contracts for goods and services, the Secretary concerned may enter into an intergovernmental support agreement, on a sole source basis, with a State, local, or tribal government to provide, receive, or share installation-support services if the Secretary de- termines that the agreement will serve the best interests of the department by enhancing mis- sion effectiveness or creating efficiencies or economies of scale, including by reducing costs. (2) An intergovernmental support agreement under paragraph (1)— (A) may be for a term not to exceed ten years; and (B) may use, for installation-support serv- ices provided by a State, local, or tribal gov- ernment, wage grades normally paid by that State, local, or tribal government. (3) An intergovernmental support agreement under paragraph (1) may only be used when the Secretary concerned or the State, local, or trib- al government, as the case may be, providing the installation-support services already pro- vides such services for its own use. (4) Any contract for the provision of installa- tion-support services awarded by the Federal Government or a State, local, or tribal govern- ment pursuant to an intergovernmental support agreement provided in subsection (a) shall be awarded on a competitive basis. (b) EFFECT ON FIRST RESPONDER ARRANGE- MENTS.—The authority provided by this section and limitations on the use of that authority are not intended to revoke, preclude, or otherwise interfere with existing or proposed mutual-aid agreements relating to police or fire protection services or other similar first responder agree- ments or arrangements. (c) AVAILABILITY OF FUNDS.—Funds available to the Secretary concerned for operation and maintenance may be used to pay for such instal- lation-support services. The costs of agreements under this section for any fiscal year may be paid using annual appropriations made available for that year. Funds received by the Secretary as reimbursement for providing installation-sup- port services pursuant to such an agreement shall be credited to the appropriation or account charged with providing installation support. (d) EFFECT ON OMB CIRCULAR A-76.— The Sec- retary concerned shall ensure that intergovern- mental support agreements authorized by this section are not used to circumvent the require- ments of Office of Management and Budget Cir- cular A-76 regarding public-private competi- tions. (e) PILOT PROGRAM FOR USE OF COST SAVINGS REALIZED.—(1) Each Secretary concerned shall conduct a pilot program under which the Sec- retary will make available to the commander of each military installation for which cost savings are realized as a result of an intergovernmental support agreement entered into under this sec- tion an amount equal to not less than 25 percent of the amount of such cost savings for that mili- tary installation for a fiscal year. (2) Amounts made available to an installation commander under paragraph (1) shall be used solely to address sustainment restoration and modernization requirements that have been ap- proved by the major subordinate command or equivalent component. (3) With respect to each military installation for which amounts are made available to the in- stallation commander under paragraph (1), the Secretary concerned shall certify, not less fre- quently than annually for each fiscal year of the pilot program, to the congressional defense com- mittees the following: (A) The name of the installation and the amount of the cost savings achieved at the in- stallation. (B) The source and type of intergovern- mental support agreement that achieved the cost savings. (C) The amount of the cost savings made available to the installation commander under paragraph (1). (D) The sustainment restoration and mod- ernization purposes for which the amount made available under paragraph (1) were used. (4) The authority to conduct the pilot program shall expire September 30, 2025. (f) DEFINITIONS.—In this section: (1) The term ‘‘installation-support services’’ means those services, supplies, resources, and