10 U.S.C. § 7777 — Permits: military reservations; landing

Page 3125 TITLE 10—ARMED FORCES § 7777 agreed to by the Secretary of the Army. The Center may also be used to support such edu- cation, training, research, and associated pur- poses as the Secretary considers appropriate. (c) DESIGN AND CONSTRUCTION.—(1) The design of the Center shall be subject to the approval of the Secretary of the Army. (2) For each phase of the development of the Center, the Secretary may— (A) accept funds and in-kind gifts, including services, construction materials, and equip- ment used in construction, from the Army Historical Foundation and other persons for the design and construction of such phase of the Center; or (B) permit the Army Historical Foundation to contract for the design and construction of such phase of the Center. (d) ACCEPTANCE BY SECRETARY.—Upon the sat- isfactory completion, as determined by the Sec- retary of the Army, of any phase of the Center, and upon the satisfaction of any financial obli- gations incident to such phase of the Center by the Army Historical Foundation, the Secretary shall accept such phase of the Center from the Army Historical Foundation, and all right, title, and interest in and to such phase of the Center shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over the Center. (e) USE OF CERTAIN GIFTS.—(1) Under regula- tions prescribed by the Secretary of the Army, the Commander of the United States Army Cen- ter of Military History may, without regard to section 2601 of this title, accept, hold, admin- ister, invest, and spend any gift, devise, or be- quest of personal property of a value of $250,000 or less made to the United States if such gift, devise, or bequest is for the benefit of the Na- tional Museum of the United States Army or the Center. (2) The Secretary may pay or authorize the payment of any reasonable and necessary ex- pense in connection with the conveyance or transfer of a gift, devise, or bequest under this subsection. (f) LEASE OF FACILITY.—(1) Under such terms and conditions as the Secretary of the Army considers appropriate, the Secretary may lease portions of the Center to the Army Historical Foundation to be used by the Foundation, con- sistent with the purpose of the Center, for— (A) generating revenue for activities of the Center through rental use by the public, com- mercial and nonprofit entities, State and local governments, and other Federal agencies; and (B) such administrative purposes as may be necessary for the support of the Center. (2) The annual amount of consideration paid to the Secretary by the Army Historical Foun- dation for a lease under paragraph (1) may not exceed an amount equal to the actual cost, as determined by the Secretary, of the annual op- erations and maintenance of the Center. (3) Notwithstanding any other provision of law, the Secretary shall use amounts paid under paragraph (2) to cover the costs of operation of the Center. (g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the Army may require such addi- tional terms and conditions in connection with the agreement authorized by subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (Added Pub. L. 108–375, div. B, title XXVIII, § 2822(a), Oct. 28, 2004, 118 Stat. 2130, § 4772; amended Pub. L. 113–291, div. B, title XXVIII, § 2851, Dec. 19, 2014, 128 Stat. 3713; renumbered § 7772, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4772 of this title as this section. 2014—Subsec. (c)(2)(A). Pub. L. 113–291 substituted ‘‘accept funds and in-kind gifts, including services, con- struction materials, and equipment used in construc- tion, from the Army Historical Foundation and other persons’’ for ‘‘accept funds from the Army Historical Foundation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 7776. Emergency construction: fortifications If in an emergency the President considers it urgent, a temporary fort or fortification may be built on private land if the owner consents in writing. (Aug. 10, 1956, ch. 1041, 70A Stat. 270, § 4776; Pub. L. 91–393, § 5, Sept. 1, 1970, 84 Stat. 835; renum- bered § 7776, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 4776 ......... 50:178. Apr. 11, 1898, J. Res. 21, 30 Stat. 737. The word ‘‘important’’ is omitted as covered by the word ‘‘urgent’’. The words ‘‘upon which such work is to be placed’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4776 of this title as this section. 1970—Pub. L. 91–393 struck out at end ‘‘In such a case, section 175 of title 50 does not apply.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 7777. Permits: military reservations; landing ferries, erecting bridges, driving livestock Whenever the Secretary of the Army considers that it can be done without injury to the res- Page 3126 TITLE 10—ARMED FORCES § 7778 ervation or inconvenience to the military forces stationed there, he may permit— (1) the landing of ferries at a military res- ervation; (2) the erection of bridges on a military res- ervation; and (3) the driving of livestock across a military reservation. (Aug. 10, 1956, ch. 1041, 70A Stat. 270, § 4777; Pub. L. 96–513, title V, § 512(23), Dec. 12, 1980, 94 Stat. 2930; renumbered § 7777, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 4777 ......... 10:1348. July 5, 1884, ch. 214, § 6, 23 Stat. 104. The words ‘‘may permit’’ are substituted for the words ‘‘shall have authority, in his discretion, to per- mit’’. The words ‘‘to permit the extension of State, county, and Territorial roads across military reserva- tions’’ are omitted as superseded by section 2668 of this title. In clause (3), the word ‘‘livestock’’ is substituted for the words ‘‘cattle, sheep or other stock animals’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4777 of this title as this section. 1980—Pub. L. 96–513 substituted ‘‘reservations’’ for ‘‘reservation’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 7778. Licenses: military reservations; erection and use of buildings; Young Men’s Christian Association Under such conditions as he may prescribe, the Secretary of the Army may issue a rev- ocable license to the International Committee of Young Men’s Christian Associations of North America to erect and maintain on military res- ervations, inside the United States and the Com- monwealths and possessions, buildings needed by that organization for the promotion of the social, physical, intellectual, and moral welfare of the members of the Army on those reserva- tions. (Aug. 10, 1956, ch. 1041, 70A Stat. 270, § 4778; Pub. L. 109–163, div. A, title X, § 1057(a)(5), (6), Jan. 6, 2006, 119 Stat. 3440, 3441; Pub. L. 111–383, div. A, title X, § 1075(h)(4)(A)(i), Jan. 7, 2011, 124 Stat. 4377; renumbered § 7778, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 4778 ......... 10:1346. May 31, 1902, ch. 943, 32 Stat. 282. The words ‘‘may issue’’ are substituted for the words ‘‘Authority is given to * * * in his discretion, to grant permission’’. The words ‘‘Under such conditions as he may prescribe’’ are substituted for the words ‘‘under such regulations as the Secretary of the Army may im- pose’’. The words ‘‘members of the Army’’ are sub- stituted for the word ‘‘garrisons’’. The words ‘‘the Ter- ritories, Commonwealths, and possessions’’ are sub- stituted for the words ‘‘or its island possessions’’ for clarity. Editorial Notes CODIFICATION Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440, which directed the substitution of ‘‘Com- monwealths or possessions’’ for ‘‘Territories, Common- wealths, or possessions’’ in this section, but which could not be executed because ‘‘Territories, Common- wealths, or possessions’’ did not appear in text, was amended, effective as if included in Pub. L. 109–163 as enacted, so as to not apply to this section by Pub. L. 111–383, div. A, title X, § 1075(h)(4)(A)(i), Jan. 7, 2011, 124 Stat. 4377. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4778 of this title as this section. 2011—Pub. L. 111–383 amended Pub. L. 109–163, § 1057(a)(6). See 2006 Amendment note below. 2006—Pub. L. 109–163, § 1057(a)(6), substituted ‘‘Com- monwealths and possessions’’ for ‘‘Territories, Com- monwealths, and possessions’’. Pub. L. 109–163, § 1057(a)(5), which directed amend- ment of this section by substituting ‘‘Commonwealths or possessions’’ for ‘‘Territories, Commonwealths, or possessions’’, could not be executed and was subse- quently amended by Pub. L. 111–383 so as to no longer direct amendment of this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that amendment by section 1075(h)(4)(A)(i) is effective as of Jan. 6, 2006, and as if in- cluded in Pub. L. 109–163 as enacted. § 7779. Use of public property (a) When the economy of the Army so re- quires, the Secretary of the Army shall estab- lish military headquarters in places where suit- able buildings are owned by the United States. (b) No money appropriated for the support of the Army may be spent for post gardens or Army exchanges. However, this does not prevent Army exchanges from using public buildings or public transportation that, in the opinion of the office or officer designated by the Secretary, are not needed for other purposes. (Aug. 10, 1956, ch. 1041, 70A Stat. 270, § 4779; Pub. L. 99–661, div. B, title VII, § 2721, Nov. 14, 1986, 100