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. L. 93–166, title V, § 509(a), Nov. 29, 1973, 87 Stat. 677, related to construc- tion of family quarters and limitations on space, 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 2826 of this title. AMENDMENTS 2015—Subsec. (d)(1). Pub. L. 114–92 substituted ‘‘sec- tion 302101 of title 54’’ for ‘‘section 2023.01 of title 54’’. 2014—Subsec. (d)(1). Pub. L. 113–287, which directed the substitution of ‘‘section 2023.01 of title 54’’ for ‘‘sec- tion 101(a) of the National Historic Preservation Act (16 U.S.C. 470a(a))’’ in subsec. (c)(1), was executed by mak- ing the substitution in subsec. (d)(1) to reflect the prob- able intent of Congress and the prior redesignation of subsec. (c) as (d) by Pub. L. 110–181, § 2824(a)(2). See 2008 Amendment note below. 2008—Subsec. (a). Pub. L. 110–181, § 2824(a)(1), sub- stituted ‘‘located on a site authorized by subsection (b)’’ for ‘‘on military installations’’. Subsecs. (b) to (d). Pub. L. 110–181, § 2824(a)(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Subsec. (d)(5). Pub. L. 110–181, § 2824(b), added par. (5). 1997—Subsec. (b). Pub. L. 105–85 struck out ‘‘, United States Code,’’ after ‘‘title 31’’. § 2684a. Agreements to limit encroachments and other constraints on military training, test- ing, and operations (a) AGREEMENTS AUTHORIZED.—The Secretary of Defense or the Secretary of a military depart- ment may enter into an agreement with an eli- gible entity or entities described in subsection (b) to address the use or development of real property in the vicinity of, or ecologically re- lated 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 re- quirements; and (B) may eliminate or relieve current or an- ticipated environmental restrictions that would or might otherwise restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated mili- tary training, testing, or operations on the installation; (3) maintaining or improving military in- stallation 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 fol- lowing: (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 pur- pose or goal, as determined by the Secretary concerned. (c) AUTHORITY TO COORDINATE.—(1) In entering into an agreement under subsection (a) or un- dertaking a project under such agreement, the Secretary of Defense or the Secretary of a mili- tary department, as the case may be, may co- ordinate with any other covered official with an interest in the activities proposed to be under- taken under such agreement. (2) In this subsection, the term ‘‘covered offi- cial’’ means a Secretary concerned, the Director of the Army National Guard, or the Director of the Air National Guard. (d) INAPPLICABILITY OF CERTAIN CONTRACT RE- QUIREMENTS.—Notwithstanding chapter 63 of title 31, an agreement under this section that is a cooperative agreement or a grant may be used to acquire property or services for the direct benefit or use of the United States Government. (e) ACQUISITION AND ACCEPTANCE OF PROPERTY AND INTERESTS.—(1) An agreement with an eligi- ble entity or entities under this section shall provide for— (A) the acquisition by an eligible entity or entities of all right, title, and interest in and to any real property, or any lesser interest in Page 2091 TITLE 10—ARMED FORCES § 2684a the property, as may be appropriate for pur- poses of this section; and (B) the sharing by the United States and an eligible entity or entities of the acquisition costs in accordance with paragraph (3). (2) Property or interests may not be acquired pursuant to the agreement unless the owner of the property or interests consents to the acqui- sition. (3) An agreement with an eligible entity under this section may provide for the management of natural resources on, and the monitoring and enforcement of any right, title, real property in which the Secretary concerned acquires any right, title, or interest in accordance with this subsection and for the payment by the United States of all or a portion of the costs of such natural resource management and monitoring and enforcement if the Secretary concerned de- termines that there is a demonstrated need to preserve or restore habitat for the purpose de- scribed in subsection (a)(2). Any such payment by the United States— (A) may be paid in a lump sum and include an amount intended to cover the future costs of natural resource management and moni- toring and enforcement; and (B) may be placed by the eligible entity in an interest-bearing account, and any interest shall be applied for the same purposes as the principal. (4)(A) The Secretary concerned shall deter- mine the appropriate portion of the acquisition costs to be borne by the United States in the sharing of acquisition costs of real property, or an interest in real property, under paragraph (1)(B). (B) In lieu of or in addition to making a mone- tary contribution toward the cost of acquiring a parcel of real property, or an interest therein, pursuant to an agreement under this section, the Secretary concerned may convey, using the authority provided by section 2869 of this title, real property described in paragraph (2) of sub- section (a) of such section, subject to the limita- tion in paragraph (3) of such subsection. (C) The portion of acquisition costs borne by the United States under subparagraph (A), ei- ther through the contribution of funds or excess real property, or both, may not exceed an amount equal to, at the discretion of the Sec- retary concerned— (i) the fair market value of any property or interest in property to be transferred to the United States upon the request of the Sec- retary concerned under paragraph (5); or (ii) the cumulative fair market value of all properties or interests to be transferred to the United States under paragraph (5) pursuant to an agreement under subsection (a). (D) The portion of acquisition costs borne by the United States under subparagraph (A) may exceed the amount determined under subpara- graph (C), but only if— (i) the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title, a notice to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representa- tives containing— (I) a certification by the Secretary that the military value to the United States of the property or interest to be acquired justi- fies a payment in excess of the fair market value of the property or interest; and (II) a description of the military value to be obtained; and (ii) the contribution toward the acquisition costs of the property or interest is not made until at least 10 days after the date on which the notice is submitted under clause (i). (E) The contribution of an entity or entities to the acquisition costs of real property, or an in- terest in real property, under paragraph (1)(B) may include, with the approval of the Secretary concerned, the following or any combination of the following: (i) The provision of funds, including funds received by such entity or entities from a Fed- eral agency outside the Department of Defense or a State or local government in connection with a Federal, State, or local program. (ii) The provision of in-kind services, includ- ing services related to the acquisition or maintenance of such real property or interest in real property. (iii) The exchange or donation of real prop- erty or any interest in real property. (5)(A) The agreement shall require the entity or entities to transfer to the United States, upon the request of the Secretary concerned, all or a portion of the property or interest acquired under the agreement or a lesser interest therein. No such requirement need be included in the agreement if the property or interest is being transferred to a State or another Federal agen- cy, or the agreement requires it to be subse- quently transferred to a State or another Fed- eral agency, and the Secretary concerned deter- mines that the laws and regulations applicable to the future use of such property or interest provide adequate assurance that the property concerned will be developed and used in a man- ner appropriate for purposes of this section. The Secretary shall limit such transfer request to the minimum property or interests necessary to ensure that the property concerned is developed and used in a manner appropriate for purposes of this section. (B) Notwithstanding subparagraph (A), if all or a portion of the property or interest acquired under the agreement is initially or subsequently transferred to a State or another Federal agen- cy, before that State or other Federal agency may declare the property or interest in excess to its needs or propose to exchange the property or interest, the State or other Federal agency shall give the Secretary concerned reasonable ad- vance notice of its intent. If the Secretary con- cerned determines it necessary to preserve the purposes of this section, the Secretary con- cerned may request that administrative juris- diction over the property be transferred to the Secretary concerned at no cost, and, upon such a request being made, the administrative juris- diction over the property shall be transferred accordingly. If the Secretary concerned does not make such a request within a reasonable time period, all such rights of the Secretary con- cerned to request transfer of the property or in- Page 2092 TITLE 10—ARMED FORCES § 2684a terest shall remain available to the Secretary concerned with respect to future transfers or ex- changes of the property or interest and shall bind all subsequent transferees. (6) The Secretary concerned may accept on be- half of the United States any property or inter- est to be transferred to the United States under the agreement. (7) For purposes of the acceptance of property or interests under the agreement, the Secretary concerned may accept an appraisal or title docu- ments prepared or adopted by a non-Federal en- tity as satisfying the applicable requirements of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651) or section 3111 of title 40, if the Secretary concerned finds that the appraisal or title documents substantially comply with the requirements. (f) ACQUISITION OF WATER RIGHTS.—The au- thority of the Secretary concerned to enter into an agreement under this section for the acquisi- tion of real property (or an interest therein) in- cludes the authority to support the purchase of water rights from any available source when necessary to support or protect the mission of a military installation. (g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary concerned may require such addi- tional terms and conditions in an agreement under this section as the Secretary considers ap- propriate to protect the interests of the United States. (h) ANNUAL REPORTS.—(1) Not later than March 1 each year, the Secretary of Defense shall, in coordination with the Secretaries of the military departments and the Director of the Department of Defense Test Resource Man- agement Center, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the projects under- taken under agreements under this section. (2) Each report under paragraph (1) shall in- clude the following: (A) A description of the status of the projects undertaken under agreements under this section. (B) An assessment of the effectiveness of such projects, and other actions taken pursu- ant to this section, as part of a long-term strategy to ensure the sustainability of mili- tary test and training ranges, military instal- lations, and associated airspace. (C) An evaluation of the methodology and criteria used to select, and to establish prior- ities, for projects undertaken under agree- ments under this section. (D) A description of any sharing of costs by the United States and eligible entities under subsection (e) during the preceding year, in- cluding a description of each agreement under this section providing for the sharing of such costs and a statement of the eligible entity or entities with which the United States is shar- ing such costs. (E) Information concerning the activities undertaken pursuant to the Sentinel Land- scapes Partnership under section 2693 of this title. (F) Such recommendations as the Secretary of Defense considers appropriate for legislative or administrative action in order to improve the efficiency and effectiveness of actions taken pursuant to agreements under this sec- tion. (i) INTERAGENCY COOPERATION IN CONSERVATION AND RESILIENCE PROGRAMS TO AVOID OR REDUCE ADVERSE IMPACTS ON MILITARY INSTALLATION RESILIENCE AND MILITARY READINESS ACTIVI- TIES.—In order to facilitate interagency co- operation and enhance the effectiveness of ac- tions that will protect the environment, mili- tary installation resilience, and military readi- ness, the recipient of funds provided pursuant to an agreement under this section or under the Sikes Act (16 U.S.C. 670 et seq.) may, with regard to the lands and waters within the scope of the agreement, use such funds to satisfy any match- ing funds or cost-sharing requirement of any conservation or resilience program of any Fed- eral agency notwithstanding any limitation of such program on the source of matching or cost- sharing funds. (j) FUNDING.—(1) Except as provided in para- graph (2), funds authorized to be appropriated for operation and maintenance of the Army, Navy, Marine Corps, Air Force, Space Force, or Defense-wide activities may be used to enter into agreements under this section. (2) In the case of a military installation oper- ated primarily with funds authorized to be ap- propriated for research, development, test, and evaluation, funds authorized to be appropriated for the Army, Navy, Marine Corps, Air Force, Space Force, or Defense-wide activities for re- search, development, test, and evaluation may be used to enter into agreements under this sec- tion with respect to the installation. (3) Funds obligated to carry out an agreement under this section shall be available for use with regard to any property in the geographic scope specified in the agreement— (A) at the time the funds are obligated; and (B) in any subsequent modification to the agreement. (k) DEFINITIONS.—In this section: (1) The term ‘‘Secretary concerned’’ means the Secretary of Defense or the Secretary of a military department. (2) The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, and the territories and possessions of the United States. (3) The term ‘‘Clear Zone Area’’ means an area immediately beyond the end of the run- way of an airfield that is needed to ensure the safe and unrestricted passage of aircraft in and over the area. (Added Pub. L. 107–314, div. B, title XXVIII, § 2811(a), Dec. 2, 2002, 116 Stat. 2705; amended Pub. L. 109–163, div. B, title XXVIII, § 2822, Jan. 6, 2006, 119 Stat. 3513; Pub. L. 109–364, div. B, title XXVIII, § 2811(g), Oct. 17, 2006, 120 Stat. 2473; Pub. L. 110–181, div. B, title XXVIII, § 2825, Jan. 28, 2008, 122 Stat. 545; Pub. L. 111–84, div. A, title X, § 1073(a)(27), Oct. 28, 2009, 123 Stat. 2474; Pub. L. 111–383, div. A, title X, § 1075(b)(43), Jan. 7, 2011, 124 Stat. 4371; Pub. L. 112–81, div. B, title XXVIII, § 2813, Dec. 31, 2011, 125 Stat. 1687; Pub. L. 113–66, div. A, title III, § 312(a), Dec. 26, 2013, Page 2093 TITLE 10—ARMED FORCES § 2684a 127 Stat. 729; Pub. L. 113–291, div. A, title X, § 1071(f)(23), Dec. 19, 2014, 128 Stat. 3511; Pub. L. 115–91, div. B, title XXVIII, § 2811(g), Dec. 12, 2017, 131 Stat. 1848; Pub. L. 115–232, div. A, title III, § 312(i), div. B, title XXVIII, § 2827(b)(1), Aug. 13, 2018, 132 Stat. 1711, 2270; Pub. L. 116–283, div. A, title III, §§ 312(a)–(b)(2), (c), 315(b), title IX, § 924(b)(33), title X, § 1081(d)(12), Jan. 1, 2021, 134 Stat. 3513–3515, 3826, 3874; Pub. L. 117–81, div. A, title III, § 317(b), Dec. 27, 2021, 135 Stat. 1631; Pub. L. 118–31, div. A, title III, §§ 311(c)(1), 314, Dec. 22, 2023, 137 Stat. 215, 216.) Editorial Notes REFERENCES IN TEXT The Sikes Act, referred to in subsec. (i), is Pub. L. 86–797, Sept. 15, 1960, 74 Stat. 1052, which is classified generally to chapter 5C (§ 670 et seq.) of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 670 of Title 16 and Tables. AMENDMENTS 2023—Subsecs. (c) to (f). Pub. L. 118–31, § 314(1), (2), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) re- designated (g). Subsec. (g). Pub. L. 118–31, § 314(1), redesignated sub- sec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (g)(2)(E). Pub. L. 118–31, § 311(c)(1), substituted ‘‘Sentinel Landscapes Partnership under section 2693 of this title’’ for ‘‘Sentinel Landscapes Partnership estab- lished under section 317 of the National Defense Au- thorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note)’’. Subsec. (h). Pub. L. 118–31, § 314(1), redesignated sub- sec. (g) as (h). Former subsec. (h) redesignated (i). Subsec. (h)(2)(D). Pub. L. 118–31, § 314(3), substituted ‘‘subsection (e)’’ for ‘‘subsection (d)’’. Subsecs. (i) to (k). Pub. L. 118–31, § 314(1), redesignated subsecs. (h) to (j) as (i) to (k), respectively. 2021—Subsec. (a). Pub. L. 116–283, § 1081(d)(12), made technical amendment to directory language of Pub. L. 115–232, § 2827(b)(1). See 2018 Amendment note below. Subsec. (a)(2)(B). Pub. L. 116–283, § 315(b)(1)(A), struck out cl. (i) designation after ‘‘(B)’’ and ‘‘or’’ after ‘‘the installation;’’ and struck out cl. (ii) which read as fol- lows: ‘‘maintains or improves military installation re- silience; or’’. Subsec. (a)(3), (4). Pub. L. 116–283, § 315(b)(1)(B), (C), added par. (3) and redesignated former par. (3) as (4). Subsec. (b). Pub. L. 116–283, § 312(b)(1), substituted ‘‘For purposes of this section, an eligible entity is’’ for ‘‘An agreement under this section may be entered into with’’ in introductory provisions. Subsec. (d)(1). Pub. L. 116–283, § 312(b)(2), substituted ‘‘an eligible entity or entities’’ for ‘‘the entity or enti- ties’’ in two places. Subsec. (d)(5)(A). Pub. L. 116–283, § 312(c)(1), inserted ‘‘or another Federal agency’’ after ‘‘to a State’’ in two places. Subsec. (d)(5)(B). Pub. L. 116–283, § 312(c)(2), added sub- par. (B) and struck out former subpar. (B) which re- lated to property or interest acquired under an agree- ment transferred to the United States where adminis- trative jurisdiction over the property was under a Fed- eral official other than a Secretary concerned. Subsec. (g)(2)(E), (F). Pub. L. 117–81 added subpar. (E) and redesignated former subpar. (E) as (F). Subsec. (h). Pub. L. 116–283, § 315(b)(2), amended sub- sec. (h) generally. Prior to amendment, subsec. (h) re- lated to interagency cooperation in conservation pro- grams to avoid or reduce adverse impacts on military readiness activities. Subsec. (i)(1), (2). Pub. L. 116–283, § 924(b)(33), inserted ‘‘Space Force,’’ before ‘‘or Defense-wide activities’’. Subsec. (i)(3). Pub. L. 116–283, § 312(a), added par. (3). 2018—Subsec. (a). Pub. L. 115–232, § 2827(b)(1), as amended by Pub. L. 116–283, § 1081(d)(12), inserted ‘‘, as well as a State-owned National Guard installation,’’ after ‘‘military installation’’ in introductory provi- sions. Subsec. (a)(2)(B). Pub. L. 115–232, § 312(i), designated existing provisions as cl. (i) and added cl. (ii). 2017—Subsec. (d)(4)(D)(i). Pub. L. 115–91, § 2811(g)(1), substituted ‘‘submits, in an electronic medium pursu- ant to section 480 of this title, a notice’’ for ‘‘provides written notice’’ in introductory provisions. Subsec. (d)(4)(D)(ii). Pub. L. 115–91, § 2811(g)(2), sub- stituted ‘‘10 days after the date on which the notice is submitted under clause (i).’’ for ‘‘14 days after the date on which the notice is submitted under clause (i) or, if earlier, at least 10 days after the date on which a copy of the notice is provided in an electronic medium pur- suant to section 480 of this title.’’ 2014—Subsec. (h). Pub. L. 113–291 inserted ‘‘670’’ after ‘‘U.S.C.’’. 2013—Subsecs. (h) to (j). Pub. L. 113–66 added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively. 2011—Subsec. (a)(3). Pub. L. 112–81, § 2813(1), added par. (3). Subsec. (c). Pub. L. 112–81, § 2813(2), amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘Chapter 63 of title 31 shall not apply to any agreement entered into under this section.’’ Subsec. (d)(3). Pub. L. 112–81, § 2813(3)(A), inserted ‘‘, and the monitoring and enforcement of any right, title, or interest in,’’ after ‘‘resources on’’ and ‘‘and monitoring and enforcement’’ after ‘‘natural resource management’’, and inserted at end ‘‘Any such payment by the United States— ‘‘(A) may be paid in a lump sum and include an amount intended to cover the future costs of natural resource management and monitoring and enforce- ment; and ‘‘(B) may be placed by the eligible entity in an in- terest-bearing account, and any interest shall be ap- plied for the same purposes as the principal.’’ Subsec. (d)(5). Pub. L. 112–81, § 2813(3)(B), designated existing provisions as subpar. (A), inserted after first sentence ‘‘No such requirement need be included in the agreement if the property or interest is being trans- ferred to a State, or the agreement requires it to be subsequently transferred to a State, and the Secretary concerned determines that the laws and regulations ap- plicable to the future use of such property or interest provide adequate assurance that the property con- cerned will be developed and used in a manner appro- priate for purposes of this section.’’, and added subpar. (B). Subsec. (g)(1). Pub. L. 111–383 substituted ‘‘March 1 each year’’ for ‘‘March 1, 2007, and annually there- after’’. Subsec. (i)(3). Pub. L. 112–81, § 2813(4), added par. (3). 2009—Subsec. (g)(2). Pub. L. 111–84 substituted ‘‘the following’’ for ‘‘the following the following’’ in intro- ductory provisions. 2008—Subsec. (d)(3), (4). Pub. L. 110–181, § 2825(a), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5). Subsec. (d)(4)(C). Pub. L. 110–181, § 2825(b)(2), sub- stituted ‘‘equal to, at the discretion of the Secretary concerned—’’ and cls. (i) and (ii) for ‘‘equal to the fair market value of any property or interest to be trans- ferred to the United States upon the request of the Sec- retary concerned under paragraph (4).’’ Subsec. (d)(4)(D), (E). Pub. L. 110–181, § 2825(b)(1), (3), added subpar. (D) and redesignated former subpar. (D) as (E). Subsec. (d)(5) to (7). Pub. L. 110–181, § 2825(a)(1), redes- ignated pars. (4) to (6) as (5) to (7), respectively. 2006—Subsec. (a). Pub. L. 109–163, § 2822(a)(1), in intro- ductory provisions, inserted ‘‘or entities’’ after ‘‘enti- ty’’ and substituted ‘‘in the vicinity of, or ecologically related to, a military installation or military airspace’’ for ‘‘in the vicinity of a military installation’’. Page 2094 TITLE 10—ARMED FORCES § 2685 Subsec. (d)(1). Pub. L. 109–163, § 2822(a)(2)(A)(i), (b)(1)(A), inserted ‘‘or entities’’ after ‘‘eligible entity’’ and substituted ‘‘shall provide’’ for ‘‘may provide’’ in introductory provisions. Subsec. (d)(1)(A). Pub. L. 109–163, § 2822(a)(2)(A)(ii), in- serted ‘‘or entities’’ after ‘‘the entity’’. Subsec. (d)(1)(B). Pub. L. 109–163, § 2822(b)(1)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘the sharing by the United States and the entity of the acquisition costs.’’ Subsec. (d)(3). Pub. L. 109–364 added subpar. (B), redes- ignated former subpars. (B) and (C) as (C) and (D), re- spectively, and in subpar. (C) substituted ‘‘under sub- paragraph (A), either through the contribution of funds or excess real property, or both,’’ for ‘‘in the sharing of acquisition costs of real property, or an interest in real property, under paragraph (1)(B)’’. Pub. L. 109–163, § 2822(b)(3), added par. (3). Former par. (3) redesignated (4). Pub. L. 109–163, § 2822(a)(2)(B), inserted ‘‘or entities’’ after ‘‘the entity’’. Subsec. (d)(4) to (6). Pub. L. 109–163, § 2822(b)(2), redes- ignated pars. (3) to (5) as (4) to (6), respectively. Subsecs. (g) to (i). Pub. L. 109–163, § 2822(c), added sub- sec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–283, div. A, title III, § 312(b)(3), Jan. 1, 2021, 134 Stat. 3513, provided that: ‘‘The amendments made by paragraphs (1) and (2) [amending this section] shall apply to any agreement entered into under section 2684a of title 10, United States Code, on or after Decem- ber 2, 2002.’’ Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(12) of Pub. L. 116–283 to section 2827(b)(1) of Pub. L. 115–232, which amended this section, is effec- tive as of Aug. 13, 2018, and as if included in Pub. L. 115–232. EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–232, div. B, title XXVIII, § 2827(b)(2), Aug. 13, 2018, 132 Stat. 2270, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect as of December 2, 2002.’’ TERMINATION OF 2013 AMENDMENT Pub. L. 113–66, div. A, title III, § 312(b), Dec. 26, 2013, 127 Stat. 729, which provided that section 312 of Pub. L. 113–66, which amended this section, and subsec. (h) of this section would expire on Oct. 1, 2019, subject to a provision continuing any agreements existing before that date, was repealed by Pub. L. 115–91, div. A, title III, § 317(f), Dec. 12, 2017, 131 Stat. 1352. Another section 317(f) of Pub. L. 115–91 was formerly set out in a note below, prior to being transferred to chapter 159 of this title and redesignated as section 2693(g) by Pub. L. 118–31, div. A, title III, § 311(a), (b)(5), Dec. 22, 2023, 137 Stat. 213, 214. TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (g) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. GUIDANCE ON ENCROACHMENT THAT AFFECTS COVERED SITES Pub. L. 118–31, div. B, title XXVIII, § 2887, Dec. 22, 2023, 137 Stat. 784, provided that: ‘‘(a) GUIDANCE REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], each Secretary of a military department shall issue guidance to establish— ‘‘(1) a process to identify encroachment with re- spect to a covered site; ‘‘(2) a method to mitigate such encroachment; and ‘‘(3) a procedure to certify that such encroachment does not directly result in a national security risk to the covered site. ‘‘(b) CONSIDERATIONS.—In developing the guidance re- quired by this section, each Secretary of a military de- partment shall consider the following: ‘‘(1) The process by which a commander or head of a covered site identifies and reports encroachment with respect to such covered site. ‘‘(2) Methods to track data relating to processes, methods, and procedures described in subsection (a). ‘‘(3) Coordination processes to track and mitigate encroachment— ‘‘(A) within each military department; and ‘‘(B) between the military departments and the Assistant Secretaries of Defense for Sustainment and Industrial Base Policy. ‘‘(c) FOREIGN INVESTMENT ENCROACHMENT.—Such guidance shall include a requirement that if a Sec- retary of a military department determines that en- croachment described in subsection (a) involves or may involve foreign investment, such Secretary shall— ‘‘(1) report information about encroachment relat- ing to foreign investment to the Assistant Secretary of Defense for Industrial Base Policy; and ‘‘(2) coordinate with the Assistant Secretary of De- fense for Industrial Base Policy on efforts to mitigate such encroachment or potential encroachment. ‘‘(d) REPORT.—Not later than 180 days after the date on which the guidance required by subsection (a) is issued, the Assistant Secretary of Defense for Sustainment, in coordination with the Secretaries of the military departments, shall submit to the Commit- tees on Armed Services of the Senate and the House of Representatives a report on the guidance required by this section, including— ‘‘(1) the extent to which such guidance has been im- plemented within the Department of Defense; ‘‘(2) a description of methods to update any lists of covered sites; and ‘‘(3) an assessment of the procedure described in subsection (a)(3). ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered site’ means a military in- stallation or another facility or property of the United States Government. ‘‘(2) The term ‘encroachment’ means an activity conducted within close proximity to a covered site that— ‘‘(A) may pose a national security risk to a cov- ered site; ‘‘(B) may affect the operational mission of a cov- ered site; or ‘‘(C) is incompatible with an installation master plan of a covered site. ‘‘(3) The term ‘military department’ has the mean- ing given such term in section 101 of title 10, United States Code. ‘‘(4) The term ‘military installation has the mean- ing given such term in section 2801 of title 10, United States Code.’’ SENTINEL LANDSCAPES PARTNERSHIP Pub. L. 115–91, div. A, title III, § 317(a)–(f), Dec. 12, 2017, 131 Stat. 1351, 1352, as amended by Pub. L. 117–81, div. A, title III, § 317(a), Dec. 27, 2021, 135 Stat. 1631, which authorized the establishment of the Sentinel Landscapes Partnership, was transferred to chapter 159 of this title and redesignated as section 2693 by Pub. L. 118–31, div. A, title III, § 311(a), Dec. 22, 2023, 137 Stat. 213. Another section 317(f) of Pub. L. 115–91 repealed section 312(b) of Pub. L. 113–66, see Termination of 2013 Amendment note above. § 2685. Adjustment of or surcharge on selling prices in commissary stores to provide funds for construction and improvement of com- missary store facilities (a) ADJUSTMENT OR SURCHARGE AUTHORIZED.— Notwithstanding any other provision of law, the