10 U.S.C. § 2694a — Conveyance of surplus real property for

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: Page 2143 TITLE 10—ARMED FORCES § 2694a (1) A State or political subdivision of a State. (2) A nonprofit organization that exists for the primary purpose of conservation of nat- ural resources on real property. (c) REVERSIONARY INTEREST AND OTHER DEED REQUIREMENTS.—(1) The deed of conveyance of any surplus real property conveyed under this section shall require the property to be used and maintained for the conservation of natural re- sources in perpetuity. If the Secretary con- cerned determines at any time that the property is not being used or maintained for such pur- pose, then, at the option of the Secretary, all or any portion of the property shall revert to the United States. (2) The deed of conveyance may permit the re- cipient of the property— (A) to convey the property to another eligi- ble entity, subject to the approval of the Sec- retary concerned and subject to the same cov- enants and terms and conditions as provided in the deed from the United States; and (B) to conduct incidental revenue-producing activities on the property that are compatible with the use of the property for conservation purposes. (3) The deed of conveyance may contain such additional terms, reservations, restrictions, and conditions as the Secretary concerned considers appropriate to protect the interests of the United States. (d) RELEASE OF COVENANTS.—With the concur- rence of the Secretary of Interior, the Secretary concerned may grant a release from a covenant included in the deed of conveyance of real prop- erty conveyed under this section, subject to the condition that the recipient of the property pay the fair market value, as determined by the Sec- retary concerned, of the property at the time of the release of the covenant. The Secretary con- cerned may reduce the amount required to be paid under this subsection to account for the value of the natural resource conservation ben- efit that has accrued to the United States dur- ing the period the covenant was in effect, if the benefit was not taken into account in deter- mining the original consideration for the con- veyance. (e) NOTICE AND WAIT REQUIREMENTS.—The Sec- retary concerned may not approve of the re- conveyance of real property under subsection (c) or grant the release of a covenant under sub- section (d) until after the end of the 14-day pe- riod beginning on the date on which the Sec- retary submits, in an electronic medium pursu- ant to section 480 of this title, to the appro- priate committees of Congress a notice of the proposed reconveyance or release. (f) LIMITATIONS.—The conveyance of real prop- erty under this section shall not be used as a condition of allowing any defense activity under any Federal, State, or local permitting or re- view process. The Secretary concerned may make the conveyance, with the restrictions specified in subsection (c), to establish a mitiga- tion bank, but only if the establishment of the mitigation bank does not occur in order to sat- isfy any condition for permitting military activ- ity under a Federal, State, or local permitting or review process. (g) CONSIDERATION.—In fixing the consider- ation for the conveyance of real property under this section, or in determining the amount of any reduction of the amount to be paid for the release of a covenant under subsection (d), the Secretary concerned shall take into consider- ation any benefit that has accrued or may ac- crue to the United States from the use of such property for the conservation of natural re- sources. (h) RELATION TO OTHER CONVEYANCE AUTHORI- TIES.—(1) The Secretary concerned may not make a conveyance under this section of any real property to be disposed of under a base clo- sure law in a manner that is inconsistent with the requirements and conditions of the base clo- sure law. (2) In the case of real property on Guam, the Secretary concerned may not make a convey- ance under this section unless the Government of Guam has been first afforded the opportunity to acquire the real property as authorized by section 1 of Public Law 106–504 (114 Stat. 2309). (i) DEFINITIONS.—In this section: (1) The term ‘‘appropriate committees of Congress’’ has the meaning given such term in section 2801 of this title. (2) The term ‘‘Secretary concerned’’ means the Secretary of a military department. (3) The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, Guam, the Virgin Islands, and American Samoa. (Added Pub. L. 107–314, div. B, title XXVIII, § 2812(a)(1), Dec. 2, 2002, 116 Stat. 2707; amended Pub. L. 109–163, div. A, title X, § 1056(a)(1), (b), Jan. 6, 2006, 119 Stat. 3438, 3439; Pub. L. 109–364, div. A, title X, § 1071(a)(22), Oct. 17, 2006, 120 Stat. 2399; Pub. L. 111–383, div. B, title XXVIII, § 2803(a), Jan. 7, 2011, 124 Stat. 4458; Pub. L. 115–91, div. B, title XXVIII, § 2811(h), Dec. 12, 2017, 131 Stat. 1849.) Editorial Notes REFERENCES IN TEXT Section 1 of Public Law 106–504 (114 Stat. 2309), re- ferred to in subsec. (h)(2), is set out as a note under sec- tion 521 of Title 40, Public Buildings, Property, and Works. AMENDMENTS 2017—Subsec. (e). Pub. L. 115–91 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: ‘‘The Secretary concerned may not ap- prove of the reconveyance of real property under sub- section (c) or grant the release of a covenant under sub- section (d) until the Secretary notifies the appropriate committees of Congress of the proposed reconveyance or release and a period of 21 days elapses from the date the notification is received by the committees or, if earlier, a period of 14 days has elapsed from the date on which a copy of the notification is provided in an elec- tronic medium pursuant to section 480 of this title.’’ 2011—Subsec. (e). Pub. L. 111–383 inserted before pe- riod at end ‘‘or, if earlier, a period of 14 days has elapsed from the date on which a copy of the notifica- tion is provided in an electronic medium pursuant to section 480 of this title’’. 2006—Subsec. (c). Pub. L. 109–364 substituted ‘‘Rever- sionary’’ for ‘‘Revisionary’’ in heading. Subsec. (i)(2) to (4). Pub. L. 109–163 struck out par. (2), which defined ‘‘base closure law’’, redesignated pars. (3) Page 2144 TITLE 10—ARMED FORCES § 2694b and (4) as (2) and (3), respectively, and, in par. (3), sub- stituted ‘‘Guam, the Virgin Islands, and American Samoa’’ for ‘‘and the territories and possessions of the United States’’. § 2694b. Participation in wetland mitigation banks (a) AUTHORITY TO PARTICIPATE.—The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the destruc- tion of, or an adverse impact to, a wetland, may make payments to a wetland mitigation bank- ing program or ‘‘in-lieu-fee’’ mitigation sponsor approved in accordance with the Federal Guid- ance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; Novem- ber 28, 1995) or the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66913; November 7, 2000), or any successor administrative guidance or regulation. (b) ALTERNATIVE TO CREATION OF WETLAND.— Participation in a wetland mitigation banking program or consolidated user site under sub- section (a) shall be in lieu of mitigating wetland impacts through the creation of a wetland on Federal property. (c) TREATMENT OF PAYMENTS.—Payments made under subsection (a) to a wetland mitigation banking program or consolidated user site may be treated as eligible project costs for military construction. (Added Pub. L. 108–136, div. A, title III, § 314(a)(1), Nov. 24, 2003, 117 Stat. 1430.) § 2694c. Participation in conservation banking programs (a) AUTHORITY TO PARTICIPATE.—Subject to the availability of appropriated funds, the Secretary concerned, when engaged or proposing to engage in an activity described in subsection (b) that may or will result in an adverse impact to one or more species protected (or pending protec- tion) under any applicable provision of law, or habitat for such species, may make payments to a conservation banking program or ‘‘in-lieu-fee’’ mitigation sponsor approved in accordance with— (1) the Federal Guidance for the Establish- ment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995); (2) the Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003); (3) the Federal Guidance on the Use of In- Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66915; November 7, 2000); or (4) any successor or related administrative guidance or regulation. (b) COVERED ACTIVITIES.—Payments to a con- servation banking program or ‘‘in-lieu-fee’’ mitigation sponsor under subsection (a) may be made only for the purpose of facilitating one or more of the following activities: (1) Military testing, operations, training, or other military activity. (2) Military construction. (c) TREATMENT OF AMOUNTS FOR CONSERVATION BANKING.—Payments made under subsection (a) to a conservation banking program or ‘‘in-lieu- fee’’ mitigation sponsor for the purpose of facili- tating military construction may be treated as eligible costs of the military construction project. (d) SOURCE OF FUNDS.—Amounts available from any of the following shall be available for activities under this section: (1) Operation and maintenance. (2) Military construction. (3) Research, development, test, and evalua- tion. (4) The Support for United States Relocation to Guam Account established under section 2824 of the Military Construction Authoriza- tion Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4730; 10 U.S.C. 2687 note). (e) SECRETARY CONCERNED DEFINED.—In this section, the term ‘‘Secretary concerned’’ means— (1) the Secretary of a military department; and (2) the Secretary of Defense with respect to a Defense Agency. (Added Pub. L. 110–417, [div. A], title III, § 311(a), Oct. 14, 2008, 122 Stat. 4408; amended Pub. L. 111–84, div. A, title III, § 311, Oct. 28, 2009, 123 Stat. 2247; Pub. L. 111–383, div. A, title X, § 1075(b)(45), Jan. 7, 2011, 124 Stat. 4371.) Editorial Notes AMENDMENTS 2011—Subsec. (d)(4). Pub. L. 111–383 inserted ‘‘Author- ization’’ after ‘‘Military Construction’’. 2009—Subsec. (a). Pub. L. 111–84, § 311(1), struck out ‘‘to carry out this section’’ after ‘‘appropriated funds’’ in introductory provisions. Subsecs. (d), (e). Pub. L. 111–84, § 311(2), (3), added sub- sec. (d) and redesignated former subsec. (d) as (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 110–417, [div. A], title III, § 311(c), Oct. 14, 2008, 122 Stat. 4409, provided that: ‘‘Section 2694c of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2008, and only funds appro- priated for fiscal years beginning after September 30, 2008, may be used to carry out such section.’’ § 2694d. Participation in pollutant banks and water quality trading (a) AUTHORITY TO PARTICIPATE.—The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the discharge of pollutants, may make payments to a pollut- ant banking program or water quality trading program approved in accordance with the Water Quality Trading Policy dated January 13, 2003, set forth by the Office of Water of the Environ- mental Protection Agency, or any successor ad- ministrative guidance or regulation.