10 U.S.C. § 2689 — Untitled legal text

Page 2138 TITLE 10—ARMED FORCES [§ 2689 Subsec. (f). Pub. L. 109–163, § 2823(d)(1), struck out at end ‘‘The report shall include, for each such convey- ance, an economic analysis (based upon accepted life- cycle costing procedures approved by the Secretary of Defense) demonstrating that— ‘‘(1) the long-term economic benefit of the convey- ance to the United States exceeds the long-term eco- nomic cost of the conveyance to the United States; and ‘‘(2) the conveyance will reduce the long-term costs of the United States for utility services provided by the utility system concerned.’’ Pub. L. 109–163, § 2823(c)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 109–163, § 2823(c)(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 109–163, § 2823(d)(2), substituted ‘‘subsection (a)(2)’’ for ‘‘subsection (e)’’. Pub. L. 109–163, § 2823(c)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i). Subsecs. (i), (j). Pub. L. 109–163, § 2823(c)(1), redesig- nated subsecs. (h) and (i) as (i) and (j), respectively. 2003—Subsec. (e). Pub. L. 108–136 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: ‘‘The Secretary concerned may not make a conveyance under subsection (a) until— ‘‘(1) the Secretary submits to the Committee on Armed Services and the Committee on Appropria- tions of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives an economic analysis (based upon accepted life-cycle costing procedures ap- proved by the Secretary of Defense) demonstrating that— ‘‘(A) the long-term economic benefit of the con- veyance to the United States exceeds the long-term economic cost of the conveyance to the United States; and ‘‘(B) the conveyance will reduce the long-term costs of the United States for utility services pro- vided by the utility system concerned; and ‘‘(2) a period of 21 days has elapsed after the date on which the economic analysis is received by the com- mittees.’’ 2000—Subsec. (b). Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2813(a)], designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (f). Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2813(b)], designated existing provisions as par. (1) and added par. (2). Subsecs. (h) to (j). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(15)], redesignated subsecs. (i) and (j) as (h) and (i), respectively. 1999—Subsec. (c)(3). Pub. L. 106–65, § 2812(a), added par. (3). Subsec. (e)(1). Pub. L. 106–65, § 1067(1), substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Committee on National Security’’ in introductory pro- visions. Subsec. (g). Pub. L. 106–65, § 2812(c)(2), added subsec. (g). Former subsec. (g) redesignated (i). Subsec. (g)(2)(B). Pub. L. 106–65, § 2812(b), substituted ‘‘Real property, easements,’’ for ‘‘Easements’’. Subsecs. (h) to (j). Pub. L. 106–65, § 2812(c)(1), redesig- nated subsecs. (g) and (h) as (i) and (j), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1883(b)(2) of Pub. L. 116–283 ef- fective Jan. 1, 2022, with additional provisions for de- layed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. SENSE OF CONGRESS REGARDING INCLUSION OF STORMWATER SYSTEMS AND COMPONENTS WITHIN THE MEANING OF ‘‘WASTEWATER SYSTEM’’ UNDER THE DE- PARTMENT OF DEFENSE AUTHORITY FOR CONVEYANCE OF UTILITY SYSTEMS Pub. L. 114–328, div. B, title XXVIII, § 2813, Dec. 23, 2016, 130 Stat. 2717, provided that: ‘‘It is the sense of Congress that the reference to a system for the collec- tion or treatment of wastewater in the definition of ‘utility system’ in section 2688 of title 10, United States Code, which authorizes the Department of Defense to convey utility systems, includes stormwater systems and components.’’ [§ 2689. Renumbered § 2917] [§ 2690. Renumbered § 2918] § 2691. Restoration of land used by permit or damaged by mishap; reimbursement of State costs of fighting wildland fires (a) RESTORATION OF OTHER AGENCY LAND USED BY PERMIT.—The Secretary of the military de- partment concerned may remove improvements and take any other action necessary in the judg- ment of the Secretary to restore land used by that military department by permit from an- other military department or Federal agency if the restoration is required by the permit mak- ing that land available to the military depart- ment. The Secretary concerned may carry out this section using funds available for operations and maintenance or for military construction. (b) SCREENING FOR USE OF IMPROVED LAND.— Unless otherwise prohibited by law or the terms of the permit, before restoration of any land under subsection (a) is begun, the Secretary con- cerned shall determine, under the provisions of subtitle I of title 40 and division C (except sec- tions 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, whether another military department or Federal agency has a use for the land in its existing, improved state. During the period required to make such a determination, the Secretary may provide for maintenance and repair of improvements on the land to the stand- ards established for excess property by the Ad- ministrator of General Services. (c) RESTORATION OF DEPARTMENT OF DEFENSE LAND USED BY OTHER AGENCY.—(1) As a condi- tion of any permit, license, or other grant of ac- cess entered into by the Secretary of a military department with another Federal agency au- thorizing the agency to use lands under the con- trol of the Secretary, the Secretary may require the agency to agree to remove any improve- ments and to take any other action necessary in the judgment of the Secretary to restore the land used by the agency to its condition before its use by the agency. (2) In lieu of performing any removal or res- toration work under paragraph (1), a Federal agency may elect, with the consent of the Sec- retary, to reimburse the Secretary for the costs incurred by the military department in per- forming such removal or restoration work. (d) WILDLAND FIRES ON STATE LAND.—The Sec- retary of Defense may, in any lease, permit, li- cense, or other grant of access for use of lands owned by a State, agree to reimburse the State for the reasonable costs of the State in sup- pressing wildland fires caused by the activities of the Department of Defense under such lease, permit, license, or other grant of access. (e) RESTORATION OF LAND DAMAGED BY MIS- HAP.—(1) When land under the administrative ju- risdiction of a Federal agency that is not a part of the Department of Defense is damaged as the result of a mishap involving a vessel, aircraft, or