10 U.S.C. § 2662 — Real property transactions: reports to

Page 2056 TITLE 10—ARMED FORCES § 2662 States armed forces, and required preliminary reports to Congress on military public works whose projected advance costs exceeded a specified level. The repeal of this section by Pub. L. 97–295 reflected the effect of section 7(2) and (8) of the Military Con- struction Codification Act (Pub. L. 97–214, July 12, 1982, 96 Stat. 173), which repealed the source statutes of this section (subsec. (a) was based on acts Sept. 28, 1951, ch. 434, § 504, 65 Stat. 364; July 15, 1955, ch. 368, § 512, 69 Stat. 352; Dec. 23, 1981, Pub. L. 97–99, § 902, 95 Stat. 1381 (31 U.S.C. 723); and subsec. (b) was based on acts Sept. 12, 1966, Pub. L. 89–568, § 612, 80 Stat. 756; Dec. 27, 1974, Pub. L. 93–552, § 607, 88 Stat. 1763 (31 U.S.C. 723a)) subsequent to Apr. 15, 1982, the cut-off date prescribed by section 4(a) of Pub. L. 97–258, section 2(b)(6)(B) of which enacted this section. § 2662. Real property transactions: reports to congressional committees (a) GENERAL NOTICE AND WAIT REQUIRE- MENTS.—(1) The Secretary of a military depart- ment or, with respect to a Defense Agency, the Secretary of Defense may not enter into any of the following listed transactions by or for the use of that department until the Secretary con- cerned submits a report, subject to paragraph (3), to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives: (A) An acquisition of fee title to any real property, if the estimated price is more than $750,000. (B) A lease of any real property to the United States, if the estimated annual rental is more than $750,000. (C) A lease, license, or easement of real prop- erty owned by the United States (other than a lease or license entered into under section 2667(g) of this title), if the estimated annual fair market rental value of the property is more than $750,000. (D) A transfer of real property owned by the United States to another Federal agency or another military department or to a State, if the estimated value is more than $750,000. (E) A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $750,000. (F) Any termination or modification by ei- ther the grantor or grantee of an existing li- cense or permit of real property owned by the United States to a military department, under which substantial investments have been or are proposed to be made in connection with the use of the property by the military depart- ment. (G) Any transaction or contract action that results in, or includes, the acquisition or use by, or the lease or license to, the United States of real property, if the estimated an- nual rental or cost for the use of the real prop- erty is more than $750,000. (H) Any transaction or contract action for the provision and operation of energy produc- tion facilities on real property under the juris- diction of the Secretary of a military depart- ment, as authorized by section 2922a(a)(2) of this title, if the term of the transaction or contract exceeds 20 years. (2) If a transaction covered by subparagraph (A) or (B) of paragraph (1) is part of a project, the report shall include a summary of the gen- eral plan for that project, including an estimate of the total cost of the lands to be acquired or leases to be made, as well as the certification described in paragraph (5). The report required by this subsection concerning any report of ex- cess real property described in subparagraph (E) of paragraph (1) shall contain a certification by the Secretary concerned that he has considered the feasibility of exchanging such property for other real property authorized to be acquired for military purposes and has determined that the property proposed to be declared excess is not suitable for such purpose. (3) The authority of the Secretary concerned to enter into a transaction described in para- graph (1) commences only after the end of the 14-day period beginning on the first day of the first month beginning on or after the date on which the report containing the facts con- cerning such transaction, and all other such pro- posed transactions for that month, is provided in an electronic medium pursuant to section 480 of this title. (4) The report for a month under this sub- section may not be submitted later than the first day of that month. (5) For purposes of paragraph (2), the certifi- cation described in this paragraph with respect to an acquisition or lease of real property is a certification that the Secretary concerned— (A) evaluated the feasibility of using space in property under the jurisdiction of the De- partment of Defense to satisfy the purposes of the acquisition or lease; and (B) determined that— (i) space in property under the jurisdiction of the Department of Defense is not reason- ably available to be used to satisfy the pur- poses of the acquisition or lease; (ii) acquiring the property or entering into the lease would be more cost-effective than the use of the Department of Defense prop- erty; or (iii) the use of the Department of Defense property would interfere with the ongoing military mission of the property. (b) ADDITIONAL REPORTING REQUIREMENTS RE- GARDING LEASES OF REAL PROPERTY OWNED BY THE UNITED STATES.—(1) In the case of a pro- posed lease, license, or easement of real prop- erty owned by the United States covered by paragraph (1)(C) of subsection (a), the Secretary concerned shall comply with the notice-and-wait requirements of paragraph (3) of such subsection before— (A) issuing a contract solicitation or other lease offering with regard to the transaction; and (B) providing public notice regarding any meeting to discuss a proposed contract solici- tation with regard to the transaction. (2) The report under paragraph (3) of sub- section (a) shall include the following with re- gard to a proposed transaction covered by para- graph (1)(C) of such subsection: (A) A description of the proposed trans- action, including the proposed duration of the lease, license, or easement. (B) A description of the authorities to be used in entering into the transaction. Page 2057 TITLE 10—ARMED FORCES § 2662 (C) A statement of the scored cost of the en- tire transaction, determined using the scoring criteria of the Office of Management and Budget. (D) A determination that the property in- volved in the transaction is not excess prop- erty, as required by section 2667(a)(3) of this title, including the basis for the determina- tion. (E) A determination that the proposed trans- action is directly compatible with the mission of the military installation or Defense Agency at which the property is located and a descrip- tion of the anticipated long-term use of the property at the conclusion of the lease or li- cense. (F) A description of the requirements or con- ditions within the contract solicitation or other lease offering for the person making the offer to address taxation issues, including pay- ments-in-lieu-of taxes, and other development issues related to local municipalities. (G) If the proposed lease involves a project related to energy production, a certification by the Secretary of Defense that the project, as it will be specified in the contract solicita- tion or other lease offering, is consistent with the Department of Defense performance goals and plan required by section 2911 of this title. (3) The Secretary concerned may not enter into the actual lease or license with respect to property for which the information required by paragraph (2) was submitted in a report under subsection (a)(3) unless the Secretary again complies with the notice-and-wait requirements of such subsection. The subsequent report shall include the following with regard to the pro- posed transaction: (A) A cross reference to the prior report that contained the information submitted under paragraph (2) with respect to the transaction. (B) A description of the differences between the information submitted under paragraph (2) and the information regarding the transaction being submitted in the subsequent report. (C) A description of the payment to be re- quired in connection with the lease, license, or easement, including a description of any in- kind consideration that will be accepted. (D) A description of any community support facility or provision of community support services under the lease, license, or easement, regardless of whether the facility will be oper- ated by a covered entity (as defined in section 2667(d) of this title) or the lessee or the serv- ices will be provided by a covered entity or the lessee. (E) A description of the competitive proce- dures used to select the lessee or, in the case of a lease involving the public benefit excep- tion authorized by section 2667(h)(2) of this title, a description of the public benefit to be served by the lease. (c) EXCEPTED PROJECTS.—This section does not apply to real property for water resource devel- opment projects of the Corps of Engineers, or to leases of Government-owned real property for agricultural or grazing purposes or to any real property acquisition specifically authorized in a Military Construction Authorization Act. (d) STATEMENTS OF COMPLIANCE IN TRANS- ACTION INSTRUMENTS.—A statement in an instru- ment of conveyance, including a lease, that the requirements of this section have been met, or that the conveyance is not subject to this sec- tion, is conclusive. (e) REPORTS ON TRANSACTIONS INVOLVING IN- TELLIGENCE COMPONENTS.—Whenever a trans- action covered by this section is made by or on behalf of an intelligence component of the De- partment of Defense or involves real property used by such a component, any report under this section with respect to the transaction that is submitted to the congressional committees named in subsection (a) shall be submitted con- currently to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (f) EXCEPTIONS FOR TRANSACTIONS FOR WAR AND CERTAIN EMERGENCY AND OTHER OPER- ATIONS.—(1) The reporting requirement set forth in subsection (a) shall not apply with respect to a real property transaction otherwise covered by that subsection if the Secretary concerned de- termines that the transaction is made as a re- sult of any of the following: (A) A declaration of war. (B) A declaration of a national emergency by the President pursuant to the National Emer- gencies Act (50 U.S.C. 1601 et seq.). (C) A declaration of an emergency or major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (D) The use of the militia or the armed forces after a proclamation to disperse under section 254 of this title. (E) A contingency operation. (2) The reporting requirement set forth in sub- section (a) shall not apply with respect to a real property transaction otherwise covered by that subsection if the Secretary concerned deter- mines that— (A) an event listed in paragraph (1) is immi- nent; and (B) the transaction is necessary for purposes of preparation for such event. (3) Not later than 30 days after entering into a real property transaction covered by paragraph (1) or (2), the Secretary concerned shall submit to the committees named in subsection (a) a re- port on the transaction. The report shall set forth any facts or information which would oth- erwise have been submitted in a report on the transaction under subsection (a), but for the op- eration of paragraph (1) or (2). (g) SECRETARY CONCERNED DEFINED.—In this section, the term ‘‘Secretary concerned’’ in- cludes, with respect to Defense Agencies, the Secretary of Defense. (Aug. 10, 1956, ch. 1041, 70A Stat. 147; Pub. L. 86–70, § 6(c), June 25, 1959, 73 Stat. 142; Pub. L. 86–500, title V, § 511(1), June 8, 1960, 74 Stat. 186; Pub. L. 86–624, § 4(c), July 12, 1960, 74 Stat. 411; Pub. L. 92–145, title VII, § 707(5), Oct. 27, 1971, 85 Stat. 412; Pub. L. 92–545, title VII, § 709, Oct. 25, 1972, 86 Stat. 1154; Pub. L. 93–552, title VI, § 610, Dec. 27, 1974, 88 Stat. 1765; Pub. L. 94–107, title VI, § 607(5), (6), Oct. 7, 1975, 89 Stat. 566; Pub. L. Page 2058 TITLE 10—ARMED FORCES § 2662 94–431, title VI, § 614, Sept. 30, 1976, 90 Stat. 1367; Pub. L. 96–418, title VIII, § 805, Oct. 10, 1980, 94 Stat. 1777; Pub. L. 100–456, div. B, title XXVIII, § 2803, Sept. 29, 1988, 102 Stat. 2115; Pub. L. 101–510, div. A, title XIII, § 1311(6), Nov. 5, 1990, 104 Stat. 1670; Pub. L. 102–496, title IV, § 403(a)(1), (2)(A), Oct. 24, 1992, 106 Stat. 3185; Pub. L. 104–106, div. A, title XV, § 1502(a)(23), div. D, title XLIII, § 4321(b)(21), Feb. 10, 1996, 110 Stat. 505, 673; Pub. L. 105–261, div. B, title XXVIII, § 2811, Oct. 17, 1998, 112 Stat. 2204; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2811], Oct. 30, 2000, 114 Stat. 1654, 1654A–416; Pub. L. 108–136, div. A, title X, § 1031(a)(27), Nov. 24, 2003, 117 Stat. 1598; Pub. L. 108–375, div. A, title X, § 1084(d)(22), Oct. 28, 2004, 118 Stat. 2062; Pub. L. 110–181, div. B, title XXVIII, § 2821, Jan. 28, 2008, 122 Stat. 543; Pub. L. 110–417, div. B, title XXVIII, § 2811, Oct. 14, 2008, 122 Stat. 4725; Pub. L. 111–383, div. B, title XXVIII, § 2811(a)–(f), Jan. 7, 2011, 124 Stat. 4461, 4462; Pub. L. 112–81, div. B, title XXVIII, § 2812, Dec. 31, 2011, 125 Stat. 1686; Pub. L. 112–239, div. B, title XXVIII, § 2821, Jan. 2, 2013, 126 Stat. 2152; Pub. L. 115–91, div. A, title X, § 1081(a)(45), div. B, title XXVIII, §§ 2811(a), 2812, Dec. 12, 2017, 131 Stat. 1596, 1848, 1849.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2662(a) ..... 2662(b) ..... 2662(c) ..... 40:551. 40:552. 40:553. Sept. 28, 1951, ch. 434, §§ 601–604, 65 Stat. 365, 366. 2662(d) ..... 40:554. In subsection (a), the words ‘‘must come to an agree- ment * * * before entering into any of the following transactions by or for the use of that department:’’ are substituted for the words ‘‘shall come into agreement * * * with respect to those real-estate actions by or for the use of the military departments * * * that are de- scribed in subsection (a)–(e) of this section, and in the manner therein described’’. The last sentence is sub- stituted for the last sentence of 40:551(a) and 40:551(b). In subsection (a)(4), the words ‘‘or another military department’’ are substituted for the words ‘‘including transfers between the military departments’’. The words ‘‘under the jurisdiction of the military depart- ments’’ are omitted as surplusage. In subsection (b), the words ‘‘more than $5,000 but not more than $25,000’’ are substituted for the words ‘‘be- tween $5,000 and $25,000’’. The words ‘‘shall report’’ are substituted for the words ‘‘will, in addition, furnish * * * reports’’. In subsection (c), the words ‘‘the United States, Alas- ka, Hawaii’’ are substituted for the words ‘‘the conti- nental United States, the Territory of Alaska, the Ter- ritory of Hawaii’’, since, as defined in section 101(1) of this title, ‘‘United States’’ includes the States and the District of Columbia; and ‘‘Territories’’ includes Alas- ka and Hawaii. In subsection (d), the words ‘‘A statement * * * that the requirements of this section have been met’’ are substituted for the words ‘‘A recital of compliance with this chapter * * * to the effect that the requirements of this chapter have been complied with’’. The words ‘‘in the alternative’’, ‘‘or lease’’, and ‘‘evidence thereof’’ are omitted as surplusage. Editorial Notes REFERENCES IN TEXT The National Emergencies Act, referred to in subsec. (f)(1)(B), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Ta- bles. The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (f)(1)(C), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. AMENDMENTS 2017—Subsec. (a)(2). Pub. L. 115–91, § 2812(1), inserted ‘‘, as well as the certification described in paragraph (5)’’ after ‘‘leases to be made’’. Subsec. (a)(3). Pub. L. 115–91, § 2811(a), amended par. (3) generally. Prior to amendment, par. (3) required wait periods following submittal of reports before transactions could be authorized. Subsec. (a)(5). Pub. L. 115–91, § 2812(2), added par. (5). Subsec. (f)(1)(D). Pub. L. 115–91, § 1081(a)(45), sub- stituted ‘‘section 254’’ for ‘‘section 334’’. 2013—Subsec. (a)(1)(H). Pub. L. 112–239 added subpar. (H). 2011—Subsec. (a)(1). Pub. L. 111–383, § 2811(f)(1)(A), sub- stituted ‘‘the Secretary concerned submits’’ for ‘‘the Secretary submits’’ in introductory provisions. Subsec. (a)(1)(C). Pub. L. 112–81, § 2812(1), substituted ‘‘lease, license, or easement’’ for ‘‘lease or license’’. Pub. L. 111–383, § 2811(a), inserted ‘‘(other than a lease or license entered into under section 2667(g) of this title)’’ after ‘‘United States’’. Subsec. (a)(3). Pub. L. 111–383, § 2811(f)(1)(B), sub- stituted ‘‘the Secretary concerned’’ for ‘‘the Secretary of a military department or the Secretary of Defense’’ in introductory provisions. Subsec. (b). Pub. L. 111–383, § 2811(b), (e), added subsec. (b) and struck out former subsec. (b). Prior to amend- ment, text read as follows: ‘‘The Secretary of each military department and, with respect to Defense Agencies, the Secretary of Defense shall submit annu- ally to the congressional committees named in sub- section (a) a report on transactions described in sub- section (a) that involve an estimated value of more than $250,000, but not more than $750,000.’’ Subsec. (b)(1), (2)(A), (3)(C), (D). Pub. L. 112–81, § 2812(2), substituted ‘‘lease, license, or easement’’ for ‘‘lease or license’’. Subsec. (c). Pub. L. 111–383, § 2811(c), substituted ‘‘Ex- cepted Projects’’ for ‘‘Geographic Scope; Excepted Projects’’ in heading and ‘‘This section does not’’ for ‘‘This section applies only to real property in the United States, Puerto Rico, Guam, the American Vir- gin Islands, American Samoa, and the Trust Territory of the Pacific Islands. It does not’’ in text. Subsecs. (e), (f). Pub. L. 111–383, § 2811(d), (f)(2), redes- ignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e). Prior to amendment, text read as follows: ‘‘No element of the Department of Defense shall occupy any general purpose space leased for it by the General Services Administration at an an- nual rental in excess of $750,000 (excluding the cost of utilities and other operation and maintenance serv- ices), if the effect of such occupancy is to increase the total amount of such leased space occupied by all ele- ments of the Department of Defense, until the end of the 30-day period beginning on the date on which a re- port of the facts concerning the proposed occupancy is submitted to the congressional committees named in subsection (a) or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title.’’ Subsec. (f)(1). Pub. L. 111–383, § 2811(f)(3)(A), struck out ‘‘, and the reporting requirement set forth in sub- section (e) shall not apply with respect to a real prop- erty transaction otherwise covered by that sub- section,’’ before ‘‘if the Secretary’’ in introductory pro- visions. Page 2059 TITLE 10—ARMED FORCES § 2662 Subsec. (f)(3). Pub. L. 111–383, § 2811(f)(3)(B), struck out ‘‘or (e), as the case may be’’ after ‘‘under sub- section (a)’’. Subsec. (f)(4). Pub. L. 111–383, § 2811(f)(3)(C), struck out par. (4), which read as follows: ‘‘In this subsection, the term ‘Secretary concerned’ includes, with respect to Defense Agencies, the Secretary of Defense.’’ Subsec. (g). Pub. L. 111–383, § 2811(f)(4), added subsec. (g). Former subsec. (g) redesignated (f). 2008—Subsec. (a)(1). Pub. L. 110–181, § 2821(a)(1)(A), substituted ‘‘or, with respect to a Defense Agency, the Secretary of Defense’’ for ‘‘, or his designee,’’ in intro- ductory provisions. Subsec. (a)(1)(G). Pub. L. 110–181, § 2821(b), added sub- par. (G). Subsec. (a)(3). Pub. L. 110–181, § 2821(a)(1)(B), inserted ‘‘or the Secretary of Defense’’ after ‘‘military depart- ment’’ in introductory provisions. Subsec. (b). Pub. L. 110–181, § 2821(a)(2), inserted ‘‘and, with respect to Defense Agencies, the Secretary of De- fense’’ after ‘‘military department’’. Subsec. (c). Pub. L. 110–417 substituted ‘‘water re- source development projects of the Corps of Engineers’’ for ‘‘river and harbor projects or flood control projects’’. Subsec. (g)(4). Pub. L. 110–181, § 2821(a)(3), added par. (4). 2004—Subsec. (a)(2). Pub. L. 108–375 substituted ‘‘shall include a summary’’ for ‘‘must include a summari- zation’’ and inserted ‘‘of paragraph (1)’’ after ‘‘in sub- paragraph (E)’’. 2003—Subsec. (a). Pub. L. 108–136, § 1031(a)(27)(A)(i)–(v), inserted ‘‘(1)’’ after subsec. heading, substituted ‘‘the Secretary submits a report, subject to paragraph (3),’’ for ‘‘after the expiration of 30 days from the date upon which a report of the facts concerning the proposed transaction is submitted’’, redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), substituted ‘‘$750,000’’ for ‘‘$500,000’’ in subpars. (A) to (E), designated concluding provisions as par. (2), and substituted ‘‘subparagraph (A) or (B) of paragraph (1)’’ for ‘‘clause (1) or (2)’’ and ‘‘subparagraph (E)’’ for ‘‘clause (5)’’. Subsec. (a)(3), (4). Pub. L. 108–136, § 1031(a)(27)(A)(vi), added pars. (3) and (4). Subsec. (b). Pub. L. 108–136, § 1031(a)(27)(B), sub- stituted ‘‘more than $250,000, but not more than $750,000’’ for ‘‘more than the simplified acquisition threshold specified in section 4(11) of the Office of Fed- eral Procurement Policy Act (41 U.S.C. 403(11)), but not more than $500,000’’. Subsec. (e). Pub. L. 108–136, § 1031(a)(27)(C), sub- stituted ‘‘$750,000’’ for ‘‘$500,000’’ and ‘‘the end of the 30- day period beginning on the date on which a report of the facts concerning the proposed occupancy is sub- mitted to the congressional committees named in sub- section (a) or, if earlier, the end of the 14-day period be- ginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title’’ for ‘‘the expiration of thirty days from the date upon which a report of the facts concerning the proposed occupancy is submitted to the congres- sional committees named in subsection (a)’’. 2000—Subsec. (a). Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2811(a)], substituted ‘‘$500,000’’ for ‘‘$200,000’’ wherever appearing. Subsec. (b). Pub. L. 106–398 substituted ‘‘specified in section 4(11) of the Office of Federal Procurement Pol- icy Act (41 U.S.C. 403(11)),’’ for ‘‘under section 2304(g) of this title’’ and ‘‘$500,000’’ for ‘‘$200,000’’. Subsec. (e). Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2811(a)], substituted ‘‘$500,000’’ for ‘‘$200,000’’. 1999—Subsec. (a). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’ in introductory provi- sions. 1998—Subsecs. (a) to (f). Pub. L. 105–261, § 2811(b), in- serted subsec. headings. Subsec. (g). Pub. L. 105–261, § 2811(a), added subsec. (g). 1996—Subsec. (a). Pub. L. 104–106, § 1502(a)(23)(A), sub- stituted ‘‘the Committee on Armed Services of the Sen- ate and the Committee on National Security of the House of Representatives’’ for ‘‘the Committees on Armed Services of the Senate and House of Representa- tives’’ in introductory provisions and struck out ‘‘to be submitted to the Committees on Armed Services of the Senate and House of Representatives’’ after ‘‘The re- port required by this subsection’’ in concluding provi- sions. Subsec. (b). Pub. L. 104–106, § 4321(b)(21), substituted ‘‘simplified acquisition threshold’’ for ‘‘small purchase threshold’’. Pub. L. 104–106, § 1502(a)(23)(B), substituted ‘‘shall sub- mit annually to the congressional committees named in subsection (a) a report’’ for ‘‘shall report annually to the Committees on Armed Services of the Senate and the House of Representatives’’. Subsec. (e). Pub. L. 104–106, § 1502(a)(23)(C), sub- stituted ‘‘the congressional committees named in sub- section (a)’’ for ‘‘the Committees on Armed Services of the Senate and the House of Representatives’’. Subsec. (f). Pub. L. 104–106, § 1502(a)(23)(D), sub- stituted ‘‘the congressional committees named in sub- section (a) shall’’ for ‘‘the Committees on Armed Serv- ices of the Senate and the House of Representatives shall’’. 1992—Pub. L. 102–496, § 403(a)(2)(A), substituted ‘‘re- ports to congressional committees’’ for ‘‘Reports to the Armed Services Committees’’ in section catchline. Subsec. (f). Pub. L. 102–496, § 403(a)(1), added subsec. (f). 1990—Subsec. (b). Pub. L. 101–510 substituted ‘‘the small purchase threshold under section 2304(g) of this title’’ for ‘‘$5,000’’. 1988—Subsecs. (a), (b), (e). Pub. L. 100–456 substituted ‘‘$200,000’’ for ‘‘$100,000’’ wherever appearing. 1980—Subsecs. (a), (b), (e). Pub. L. 96–418 substituted ‘‘$100,000’’ for ‘‘$50,000’’ wherever appearing. 1976—Subsec. (a). Pub. L. 94–431 provided that the re- port on the excess property owned by the United States contain a certification by the Secretary concerned that he has considered the feasibility of exchanging such ex- cess property for property suitable for military pur- poses and has determined such excess property not suitable for exchange. 1975—Subsec. (b). Pub. L. 94–107, § 607(5), substituted requirement of annual reports for requirement of quar- terly reports. Subsec. (c). Pub. L. 94–107, § 607(6), inserted provisions extending the applicability of the section to Guam, the American Samoa, and the Trust Territory of the Pa- cific Islands, and, in provisions relating to the inappli- cability of the section, inserted reference to any real property acquisition specifically authorized in a Mili- tary Construction Authorization Act. 1974—Subsec. (a)(6). Pub. L. 93–552 added par. (6). 1972—Subsec. (e). Pub. L. 92–545 added subsec. (e). 1971—Subsec. (a)(3). Pub. L. 92–145 made the restric- tion applicable to a license of real property and sub- stituted ‘‘estimated annual fair market rental value’’ for ‘‘estimated annual rental’’. 1960—Subsec. (a). Pub. L. 86–500 prohibited the Sec- retary of a military department, or his designee, from entering into any of the transactions listed in subsec. (a) until after the expiration of 30 days from the date upon which a report of the facts concerning the pro- posed transaction is submitted to the Committees on Armed Services of the Senate and House of Representa- tives, and increased the amounts in pars. (1) to (5) from $25,000 to $50,000. Subsec. (b). Pub. L. 86–500 substituted ‘‘$50,000’’ for ‘‘$25,000’’. Subsec. (c). Pub. L. 86–624 and Pub. L. 86–500 struck out reference to Hawaii. Subsec. (d). Pub. L. 86–500 reenacted subsection with- out change. 1959—Subsec. (c). Pub. L. 86–70 struck out reference to Alaska. Page 2060 TITLE 10—ARMED FORCES § 2663 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by section 4321(b)(21) of Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–456 effective Oct. 1, 1988, see section 2702 of Pub. L. 100–456, set out as a note under section 2391 of this title. REDUCTION OR REALIGNMENT OF TRAINING BASES Pub. L. 95–485, title VI, § 602, Oct. 20, 1978, 92 Stat. 1617, prohibited any action to implement any substan- tial reduction or force structure realignment of the composite of installations, posts, camps, stations, and bases that had as a primary or secondary mission the conduct of formal entry level, advanced individual, or specialty training as a part of the fiscal year 1979 De- fense manpower program unless certain criteria were complied with. CLOSING OF FACILITIES; CLOSURES OR REALIGNMENTS PUBLICLY ANNOUNCED AFTER SEPTEMBER 30, 1977 Pub. L. 95–82, title VI, § 612(c), Aug. 1, 1977, 91 Stat. 380, provided that: ‘‘Section 611 of the Military Con- struction Authorization Act, 1966 (Public Law 89–188; 10 U.S.C. 2662 note), and section 612 of the Military Con- struction Authorization Act, 1977 (Public Law 94–431; 90 Stat. 1366) [which was not classified to the Code], shall be inapplicable in the case of any closure of a military installation, and any realignment with respect to a military installation, which is first publicly announced after September 30, 1977.’’ CLOSING OF FACILITIES; REPORTS TO CONGRESS Pub. L. 89–188, title VI, § 611, Sept. 16, 1965, 79 Stat. 818, as amended by Pub. L. 89–568, title VI, § 613, Sept. 12, 1966, 80 Stat. 757, required a report to Congress and a waiting period in connection with the closing of De- fense Department facilities, prior to repeal by Pub. L. 97–214, § 7(7), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 2663. Land acquisition authorities (a) ACQUISITION OF LAND BY CONDEMNATION FOR CERTAIN MILITARY PURPOSES.—(1) Subject to subsection (f), the Secretary of a military de- partment may have proceedings brought in the name of the United States, in a court of proper jurisdiction, to acquire by condemnation any in- terest in land, including temporary use, needed for— (A) the site, construction, or operation of fortifications, coast defenses, or military training camps; (B) the construction and operation of plants for the production of nitrate and other com- pounds, and the manufacture of explosives or other munitions of war; or (C) the development and transmission of power for the operation of plants under sub- paragraph (B). (2) In time of war or when war is imminent, the United States may, immediately upon the filing of a petition for condemnation under para- graph (1), take and use the land to the extent of the interest sought to be acquired. (b) ACQUISITION BY PURCHASE IN LIEU OF CON- DEMNATION.—The Secretary of the military de- partment concerned may contract for or buy any interest in land, including temporary use, needed for any purpose named in subsection (a), as soon as the owner fixes a price for it and the Secretary considers that price to be reasonable. (c) ACQUISITION OF LOW-COST INTERESTS IN LAND.—(1) The Secretary of a military depart- ment may acquire any interest in land that— (A) the Secretary determines is needed in the interest of national defense; and (B) does not cost more than $4,000,000, exclu- sive of administrative costs and the amounts of any deficiency judgments. (2) The Secretary of a military department may acquire any interest in land that— (A) the Secretary determines is needed sole- ly to correct a deficiency that is life-threat- ening, health-threatening, or safety-threat- ening; and (B) does not cost more than $1,500,000, exclu- sive of administrative costs and the amounts of any deficiency judgments. (3) This subsection does not apply to the ac- quisition, as a part of the same project, of more than one parcel of land unless the parcels are noncontiguous, or, if contiguous, unless the total cost is not more than $750,000, in the case of an acquisition under paragraph (1), or $1,500,000, in the case of an acquisition under paragraph (2). (4) Appropriations available to the Depart- ment of Defense for operation and maintenance or construction may be used for the acquisition of land or interests in land under this sub- section. (d) ACQUISITION OF INTERESTS IN LAND WHEN NEED IS URGENT.—(1) The Secretary of a mili- tary department may acquire any interest in land in any case in which the Secretary deter- mines that— (A) the acquisition is needed in the interest of national defense; (B) the acquisition is required to maintain the operational integrity of a military instal- lation; and (C) considerations of urgency do not permit the delay necessary to include the required ac- quisition in an annual Military Construction Authorization Act. (2) Not later than 10 days after the date on which the Secretary of a military department determines to acquire an interest in land under the authority of this subsection, the Secretary shall submit, in an electronic medium pursuant to section 480 of this title, to the Committee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Rep- resentatives a notice containing a description of the property and interest to be acquired and the reasons for the acquisition. (3) Appropriations available for military con- struction may be used for the purposes of this subsection. (e) SURVEY AUTHORITY; ACQUISITION METH- ODS.—Authority provided the Secretary of a