10 U.S.C. § 2696 — Real property: transfer between armed

Page 2145 TITLE 10—ARMED FORCES § 2696 (b) TREATMENT OF PAYMENTS.—Payments made under subsection (a) to a pollutant bank- ing program or water quality trading program may be treated as eligible project costs for mili- tary construction. (c) DISCHARGE OF POLLUTANTS DEFINED.—In this section, the term ‘‘discharge of pollutants’’ has the meaning given that term in section 502(12) of the Federal Water Pollution Control Act (33 U.S.C. 1362(12)) (commonly referred to as the ‘‘Clean Water Act’’). (Added Pub. L. 117–263, div. A, title III, § 312(a), Dec. 23, 2022, 136 Stat. 2502.) § 2695. Acceptance of funds to cover administra- tive expenses relating to certain real prop- erty transactions (a) AUTHORITY TO ACCEPT.—In connection with a real property transaction referred to in sub- section (b) with a non-Federal person or entity, the Secretary of a military department may ac- cept amounts provided by the person or entity to cover administrative expenses incurred by the Secretary in entering into the transaction. (b) COVERED TRANSACTIONS.—Subsection (a) applies to the following transactions involving real property under the control of the Secretary of a military department: (1) The exchange of real property. (2) The grant of an easement over, in, or upon real property of the United States. (3) The lease or license of real property of the United States. (4) The disposal of real property of the United States for which the Secretary will be the disposal agent. (5) The conveyance of real property under section 2694a of this title. (c) USE OF AMOUNTS COLLECTED.—(1) Amounts collected by the Secretary of a military depart- ment under subsection (a) for administrative ex- penses shall be credited, at the option of the Secretary— (A) to the appropriation, fund, or account from which the expenses were paid; or (B) to an appropriate appropriation, fund, or account currently available to the Secretary for the purposes for which the expenses were paid. (2) Amounts credited under paragraph (1) shall be merged with funds in such appropriation, fund, or account and shall be available for the same purposes and subject to the same limita- tions as the funds with which merged. (Added Pub. L. 105–85, div. B, title XXVIII, § 2813(a), Nov. 18, 1997, 111 Stat. 1993; amended Pub. L. 106–65, div. B, title XXVIII, § 2813, Oct. 5, 1999, 113 Stat. 851; Pub. L. 107–314, div. B, title XXVIII, § 2812(b), Dec. 2, 2002, 116 Stat. 2709; Pub. L. 113–291, div. B, title XXVIII, § 2812(a), Dec. 19, 2014, 128 Stat. 3700.) Editorial Notes AMENDMENTS 2014—Subsec. (c)(1). Pub. L. 113–291, § 2812(a)(1), sub- stituted ‘‘(1) Amounts collected by the Secretary of a military department under subsection (a) for adminis- trative expenses shall be credited, at the option of the Secretary—’’ and subpars. (A) and (B) for ‘‘Amounts collected under subsection (a) for administrative ex- penses shall be credited to the appropriation, fund, or account from which the expenses were paid.’’ Subsec. (c)(2). Pub. L. 113–291, § 2812(a)(2), substituted ‘‘(2) Amounts credited under paragraph (1)’’ for ‘‘Amounts so credited’’. 2002—Subsec. (b)(5). Pub. L. 107–314 added par. (5). 1999—Subsec. (b). Pub. L. 106–65 inserted ‘‘involving real property under the control of the Secretary of a military department’’ after ‘‘transactions’’ in introduc- tory provisions and added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–291, div. B, title XXVIII, § 2812(b), Dec. 19, 2014, 128 Stat. 3700, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall not apply to administrative expenses related to a real property transaction referred to in section 2695(b) of title 10, United States Code, that were covered by the Secretary of a military department using amounts ap- propriated to the Secretary before the date of the en- actment of this Act [Dec. 19, 2014].’’ ADMINISTRATIVE COSTS OF LAND CONVEYANCES Pub. L. 106–541, title II, § 226, Dec. 11, 2000, 114 Stat. 2598, provided that: ‘‘Notwithstanding any other provi- sion of law, the administrative costs associated with the conveyance of property by the Secretary to a non- Federal governmental or nonprofit entity shall be lim- ited to the extent that the Secretary determines that such limitation is necessary to complete the convey- ance based on the entity’s ability to pay.’’ § 2696. Real property: transfer between armed forces and screening requirements for other Federal use (a) TRANSFERS BETWEEN ARMED FORCES.—If ei- ther of the Secretaries concerned requests it and the other approves, real property may be trans- ferred, without compensation, from one armed force to another. Section 2571(d) of this title shall apply to the transfer of real property under this subsection. (b) SCREENING REQUIREMENTS FOR ADDITIONAL FEDERAL USE.—The Secretary concerned may not convey real property that is authorized or required to be conveyed, whether for or without consideration, by any provision of law enacted after December 31, 1997, unless the Adminis- trator of General Services has screened the property for further Federal use in accordance with subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (c) TIME FOR SCREENING.—(1) Before the end of the 30-day period beginning on the date of the enactment of a provision of law authorizing or requiring the conveyance of a parcel of real property by the Secretary concerned, the Ad- ministrator of General Services shall complete the screening referred to in subsection (b) with regard to the real property and notify the Sec- retary concerned and Congress of the results of the screening. The notice shall include— (A) the name of the Federal agency request- ing transfer of the property; (B) the proposed use to be made of the prop- erty by the Federal agency; and (C) the fair market value of the property, in- cluding any improvements thereon, as esti- mated by the Administrator. Page 2146 TITLE 10—ARMED FORCES § 2696 1 See References in Text note below. (2) If the Administrator fails to complete the screening and notify the Secretary concerned and Congress within such period, the Secretary concerned shall proceed with the conveyance of the real property as provided in the provision of law authorizing or requiring the conveyance. (d) EFFECT OF SUBMISSION OF NOTICE.—If the Administrator of General Services submits no- tice under subsection (c)(1) that further Federal use of a parcel of real property is requested by a Federal agency, the Secretary concerned may not proceed with the conveyance of the real property as provided in the provision of law au- thorizing or requiring the conveyance until the end of the 180-day period beginning on the date on which the notice is submitted to Congress. (e) EXCEPTED CONVEYANCE AUTHORITIES.—The screening requirements of subsection (b) shall not apply to real property authorized or re- quired to be conveyed under any of the following provisions of law: (1) A base closure law. (2) Chapter 5 of title 40. (3) Any specific provision of law authorizing or requiring the transfer of administrative ju- risdiction over a parcel of real property be- tween Federal agencies. (f) SCREENING AND CONVEYANCE OF PROPERTY FOR CORRECTIONAL FACILITIES PURPOSES.—(1) Ex- cept as provided in paragraph (2), before any real property or facility of the United States that is under the jurisdiction of any department, agen- cy, or instrumentality of the Department of De- fense is determined to be excess to the needs of such department, agency, or instrumentality, the Secretary of Defense shall— (A) provide adequate notification of the availability of such real property or facility within the Department of Defense; (B) if the real property or facility remains available after such notification, notify the Attorney General of its availability; and (C) if the Attorney General certifies to the Secretary of Defense that a determination has been made by the Director of the Bureau of Justice Assistance within the Department of Justice to utilize the real property or facility under the correctional options program car- ried out under section 515 of title I of the Om- nibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3762a),1 convey the real property or facility, without reimbursement, to a pub- lic agency referred to in paragraph (1) or (3) of subsection (a) of such section for such utiliza- tion. (2) Paragraph (1) shall not apply— (A) to real property and facilities to which title II of the Defense Authorization Amend- ments and Base Closure and Realignment Act (Public Law 100–526) is applicable; and (B) during any portion of a fiscal year after four conveyances have been made under para- graph (1) in such fiscal year. (Added Pub. L. 105–85, div. B, title XXVIII, § 2814(a)(1), Nov. 18, 1997, 111 Stat. 1994; amended Pub. L. 106–65, div. A, title X, § 1066(a)(26), Oct. 5, 1999, 113 Stat. 772; Pub. L. 107–217, § 3(b)(16), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 108–136, div. A, title X, §§ 1031(a)(33), 1043(c)(4), Nov. 24, 2003, 117 Stat. 1600, 1612; Pub. L. 109–364, div. B, title XXVIII, § 2825(a), (b)(5), (c)(3), (d)(2)(A), Oct. 17, 2006, 120 Stat. 2476, 2477; Pub. L. 111–350, § 5(b)(47), Jan. 4, 2011, 124 Stat. 3846.) Editorial Notes REFERENCES IN TEXT Section 515 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (f)(1)(C), is section 515 of title I of Pub. L. 90–351, which was classified as section 3762a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as section 10171 of Title 34, Crime Control and Law Enforcement. The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (f)(2)(A), is Pub. L. 100–526, Oct. 24, 1988, 102 Stat. 2623. Title II of the Act is set out as a note under section 2687 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 2687 of this title and Tables. CODIFICATION The text of section 2693 of this title, which was trans- ferred to the end of this section and redesignated as subsec. (f), by Pub. L. 109–364, § 2825(b)(5), was based on Pub. L. 101–647, title XVIII, § 1802(a), Nov. 29, 1990, 104 Stat. 4849; amended Pub. L. 107–107, div. A, title X, § 1048(a)(26)(A), (B)(i), Dec. 28, 2001, 115 Stat. 1224, 1225; Pub. L. 109–364, div. B, title XXVIII, § 2825(b), Oct. 17, 2006, 120 Stat. 2476. AMENDMENTS 2011—Subsec. (b). Pub. L. 111–350, which directed sub- stitution of ‘‘division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ for ‘‘title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ in subsec. (a), was executed by making the substitution in subsec. (b) to reflect the probable intent of Congress. 2006—Pub. L. 109–364, § 2825(d)(2)(A), substituted ‘‘Real property: transfer between armed forces and screening requirements for other Federal use’’ for ‘‘Screening of real property for further Federal use before convey- ance’’ in section catchline. Subsec. (a). Pub. L. 109–364, § 2825(a)(2), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 109–364, § 2825(c)(3)(A), substituted ‘‘Requirements for Additional Federal Use’’ for ‘‘Re- quirement’’ in heading. Pub. L. 109–364, § 2825(a)(1), redesignated subsec. (a) as (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 109–364, § 2825(a)(1), redesignated subsec. (b) as (c). Subsec. (c)(1). Pub. L. 109–364, § 2825(c)(3)(B), sub- stituted ‘‘subsection (b)’’ for ‘‘subsection (a)’’ in intro- ductory provisions. Subsec. (d). Pub. L. 109–364, § 2825(c)(3)(C), substituted ‘‘subsection (c)(1)’’ for ‘‘subsection (b)(1)’’. Subsec. (e). Pub. L. 109–364, § 2825(c)(3)(D), substituted ‘‘subsection (b)’’ for ‘‘this section’’ in introductory pro- visions. Subsec. (f). Pub. L. 109–364, § 2825(b)(5), transferred the text of section 2693 of this title to end of this section and redesignated it as subsec. (f). See Codification note above. 2003—Subsec. (b)(1). Pub. L. 108–136, § 1031(a)(33)(A)(i), inserted ‘‘and Congress’’ before ‘‘of the results’’ in in- troductory provisions. Subsec. (b)(2). Pub. L. 108–136, § 1031(a)(33)(A)(ii), in- serted ‘‘and Congress’’ before ‘‘within such period’’. Subsec. (c). Pub. L. 108–136, § 1031(a)(33)(B), struck out heading and text of subsec. (c). Text read as follows: ‘‘If the Administrator of General Services notifies the Sec- retary concerned under subsection (b) that further Fed- eral use of a parcel of real property authorized or re- Page 2147 TITLE 10—ARMED FORCES § 2697 quired to be conveyed by any provision of law is re- quested by a Federal agency, the Secretary concerned shall submit a copy of the notice to Congress.’’ Subsec. (d). Pub. L. 108–136, § 1031(a)(33)(C), added sub- sec. (d) and struck out heading and text of former sub- sec. (d). Text read as follows: ‘‘If the Secretary con- cerned submits a notice under subsection (c) with re- gard to a parcel of real property, the Secretary con- cerned may not proceed with the conveyance of the real property as provided in the provision of law authorizing or requiring the conveyance if Congress enacts a law rescinding the conveyance authority or requirement before the end of the 180-day period beginning on the date on which the Secretary concerned submits the no- tice.’’ Subsec. (e). Pub. L. 108–136, § 1043(c)(4), added par. (1), redesignated pars. (5) and (6) as (2) and (3), respectively, and struck out former pars. (1) to (4) which read as fol- lows: ‘‘(1) Section 2687 of this title. ‘‘(2) Title II of the Defense Authorization Amend- ments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). ‘‘(3) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). ‘‘(4) Any provision of law authorizing the closure or realignment of a military installation that is enacted after November 18, 1997.’’ 2002—Subsec. (a). Pub. L. 107–217, § 3(b)(16)(A), in- serted ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Federal Property and Administrative Services Act of 1949’’ and substituted ‘‘(41 U.S.C. 251 et seq.)’’ for ‘‘(40 U.S.C. 471 et seq.)’’. Subsec. (e)(5). Pub. L. 107–217, § 3(b)(16)(B), substituted ‘‘Chapter 5 of title 40’’ for ‘‘Title II of the Federal Prop- erty and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’. 1999—Subsec. (a). Pub. L. 106–65, § 1066(a)(26)(A), in- serted ‘‘enacted after December 31, 1997,’’ after ‘‘any provision of law’’. Subsec. (b)(1). Pub. L. 106–65, § 1066(a)(26)(B), sub- stituted ‘‘referred to in subsection (a)’’ for ‘‘required by paragraph (1)’’ in introductory provisions. Subsec. (e)(4). Pub. L. 106–65, § 1066(a)(26)(C), sub- stituted ‘‘November 18, 1997’’ for ‘‘the date of enact- ment of the National Defense Authorization Act for Fiscal Year 1998’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–85, div. B, title XXVIII, § 2814(b), Nov. 18, 1997, 111 Stat. 1995, provided that: ‘‘Section 2696 of title 10, United States Code, as added by subsection (a) of this section, shall apply with respect to any real prop- erty authorized or required to be conveyed under a pro- vision of law covered by such section that is enacted after December 31, 1997.’’ TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) to (6) of Title 34, Crime Control and Law Enforcement, transferred to Assistant Attor- ney General for Office of Justice Programs, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of Title 34. § 2697. Acceptance and use of landing fees charged for use of military airfields by civil aircraft (a) AUTHORITY.—The Secretary of a military department may impose landing fees for the use by civil aircraft of military airfields under the jurisdiction of that Secretary and may use any fees received under this section as a source of funding for the operation and maintenance of airfields of that department. (b) UNIFORM LANDING FEES.—The Secretary of Defense shall prescribe the amount of the land- ing fees that may be imposed under this section. Such fees shall be uniform among the military departments. (c) USE OF PROCEEDS.—Amounts received for a fiscal year in payment of landing fees imposed under this section for the use of a military air- field shall be credited to the appropriation that is available for that fiscal year for the operation and maintenance of that military airfield, shall be merged with amounts in the appropriation to which credited, and shall be available for that military airfield for the same period and pur- poses as the appropriation is available. (d) LIMITATION.—The Secretary of a military department shall determine whether consider- ation for a landing fee has been received in a lease, license, or other real estate agreement for an airfield and shall use such a determination to offset appropriate amounts imposed under sub- section (a) for that airfield. (Added Pub. L. 111–383, div. A, title III, § 341(a), Jan. 7, 2011, 124 Stat. 4189; amended Pub. L. 118–159, div. B, title XXVIII, § 2846, Dec. 23, 2024, 138 Stat. 2264.) AMENDMENT OF SECTION Pub. L. 118–159, div. B, title XXVIII, § 2846(b), Dec. 23, 2024, 138 Stat. 2264, provided that, effective Oct. 1, 2027, this section is amended in the section catchline and subsec. (a) by inserting ‘‘domestic’’ before ‘‘military air- fields’’. See 2024 Amendment notes below. Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, § 2846(b)(1), inserted ‘‘domestic’’ before ‘‘military airfields’’ in section catchline. Pub. L. 118–159, § 2846(a)(1), struck out ‘‘domestic’’ be- fore ‘‘military airfields’’ in section catchline. Subsec. (a). Pub. L. 118–159, § 2846(b)(2), inserted ‘‘do- mestic’’ before ‘‘military airfields’’. Pub. L. 118–159, § 2846(a)(2), struck out ‘‘domestic’’ be- fore ‘‘military airfields’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–159, div. B, title XXVIII, § 2846(b), Dec. 23, 2024, 138 Stat. 2264, provided that the amendment made by section 2846(b) is effective Oct. 1, 2027. CHAPTER 160—ENVIRONMENTAL RESTORATION Sec. 2700. Definitions. 2701. Environmental restoration program. 2702. Research, development, and demonstration program. 2703. Environmental restoration accounts. 2704. Commonly found unregulated hazardous sub- stances. 2705. Notice of environmental restoration activi- ties. [2706. Repealed.] 2707. Environmental restoration projects for envi- ronmental responses. 2708. Contracts for handling hazardous waste from defense facilities. 2709. Investment control process for environmental technologies.