10 U.S.C. § 2684 — Cooperative agreements for management

Page 2089 TITLE 10—ARMED FORCES § 2684 title XVI, § 1624, Dec. 19, 2014, 128 Stat. 3633, which pro- vided in part that the amendments made to this section by section 926(b) were to be effective on the later of Sept. 30, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, was repealed by Pub. L. 114–92, div. A, title XVI, § 1632(b)(2), Nov. 25, 2015, 129 Stat. 1112. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family hous- ing authorized before, on, or after such date, see sec- tion 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title. § 2683. Relinquishment of legislative jurisdiction; minimum drinking age on military installa- tions (a) Notwithstanding any other provision of law, the Secretary concerned may, whenever he considers it desirable, relinquish to a State, or to a Commonwealth, territory, or possession of the United States, all or part of the legislative jurisdiction of the United States over lands or interests under his control in that State, Com- monwealth, territory, or possession. Relinquish- ment of legislative jurisdiction under this sec- tion may be accomplished (1) by filing with the Governor (or, if none exists, with the chief exec- utive officer) of the State, Commonwealth, ter- ritory, or possession concerned a notice of relin- quishment to take effect upon acceptance there- of, or (2) as the laws of the State, Common- wealth, territory, or possession may otherwise provide. (b) The authority granted by subsection (a) is in addition to and not instead of that granted by any other provision of law. (c)(1) Except as provided in paragraphs (2) and (3), the Secretary concerned shall establish and enforce as the minimum drinking age on a mili- tary installation located in a State the age es- tablished by the law of that State as the State minimum drinking age. (2)(A) In the case of a military installation lo- cated— (i) in more than one State; or (ii) in one State but within 50 miles of an- other State or Mexico or Canada, the Secretary concerned may establish and en- force as the minimum drinking age on that mili- tary installation the lowest applicable age. (B) In subparagraph (A), the term ‘‘lowest ap- plicable age’’ means the lowest minimum drink- ing age established by the law— (i) of a State in which a military installa- tion is located; or (ii) of a State or jurisdiction of Mexico or Canada that is within 50 miles of such mili- tary installation. (3)(A) The commanding officer of a military installation may waive the requirement of para- graph (1) if such commanding officer determines that the exemption is justified by special cir- cumstances. (B) The Secretary of Defense shall define by regulations what constitute special cir- cumstances for the purposes of this paragraph. (4) In this subsection: (A) The term ‘‘State’’ includes the District of Columbia. (B) The term ‘‘minimum drinking age’’ means the minimum age or ages established for persons who may purchase, possess, or con- sume alcoholic beverages. (Added Pub. L. 91–511, title VI, § 613(1), Oct. 26, 1970, 84 Stat. 1226; amended Pub. L. 92–545, title VIII, § 707, Oct. 25, 1972, 86 Stat. 1154; Pub. L. 93–283, § 3, May 14, 1974, 88 Stat. 141; Pub. L. 99–145, title XII, § 1224(a), (b)(1), (c)(1), Nov. 8, 1985, 99 Stat. 728, 729; Pub. L. 99–661, div. A, title XIII, § 1343(a)(18), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–526, title I, § 106(b)(2), Oct. 24, 1988, 102 Stat. 2625.) Editorial Notes AMENDMENTS 1988—Subsec. (c)(2)(B). Pub. L. 100–526, § 106(b)(2)(A), substituted ‘‘the term ‘lowest applicable age’ ’’ for ‘‘ ‘lowest age’ ’’. Subsec. (c)(4)(A). Pub. L. 100–526, § 106(b)(2)(B)(i), sub- stituted ‘‘The term ‘State’ ’’ for ‘‘ ‘State’ ’’. Subsec. (c)(4)(B). Pub. L. 100–526, § 106(b)(2)(B)(ii), sub- stituted ‘‘The term ‘minimum’ ’’ for ‘‘ ‘Minimum’ ’’. 1986—Subsec. (b). Pub. L. 99–661 struck out ‘‘this’’ be- fore ‘‘subsection (a)’’. 1985—Pub. L. 99–145, § 1224(c)(1), inserted ‘‘; minimum drinking age on military installations’’ in section catchline. Subsec. (b). Pub. L. 99–145, § 1224(b)(1), substituted ‘‘subsection (a)’’ for ‘‘section’’. Subsec. (c). Pub. L. 99–145, § 1224(a), added subsec. (c). 1974—Subsec. (a). Pub. L. 93–283 substituted ‘‘Sec- retary concerned’’ for ‘‘Secretary of a military depart- ment’’. 1972—Subsec. (a). Pub. L. 92–545 provided for relin- quishment of all or part of legislative jurisdiction of the United States over lands or interests to Common- wealths, territories, or possessions of the United States. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title XII, § 1224(d), Nov. 8, 1985, 99 Stat. 729, provided that: ‘‘The amendments made by this sec- tion [amending this section and provisions set out as a note under section 113 of this title] shall take effect 90 days after the date of the enactment of this Act [Nov. 8, 1985].’’ § 2684. Cooperative agreements for management of cultural resources (a) AUTHORITY.—The Secretary of Defense or the Secretary of a military department may enter into a cooperative agreement with a State or local government or other entity for the pres- ervation, management, maintenance, and im- provement of cultural resources located on a site authorized by subsection (b) and for the conduct of research regarding the cultural re- sources. Activities under the cooperative agree- ment shall be subject to the availability of funds to carry out the cooperative agreement. (b) AUTHORIZED CULTURAL RESOURCES SITES.— To be covered by a cooperative agreement under subsection (a), cultural resources must be lo- cated— (1) on a military installation; or (2) on a site outside of a military installa- tion, but only if the cooperative agreement will directly relieve or eliminate current or anticipated restrictions that would or might 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