10 U.S.C. § 2682 — Facilities for defense agencies

Page 2088 TITLE 10—ARMED FORCES § 2681 A, title X, § 1062(a)(13), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108–136, div. A, title X, § 1031(a)(31), Nov. 24, 2003, 117 Stat. 1600, related to leases of land for special oper- ations activities, prior to repeal by Pub. L. 111–383, div. B, title XXVIII, § 2814(a), Jan. 7, 2011, 124 Stat. 4464. Another prior section 2680, added Pub. L. 87–651, title I, § 112(c), Sept. 7, 1962, 76 Stat. 511; amended Pub. L. 89–718, § 20, Nov. 2, 1966, 80 Stat. 1118, authorized reim- bursement of moving expenses to owners of property acquired for public works projects, prior to repeal by Pub. L. 91–646, title II, § 220(a)(3), Jan. 2, 1971, 84 Stat. 1903. See section 4601 et seq. of Title 42, The Public Health and Welfare. Statutory Notes and Related Subsidiaries EFFECT OF REPEAL Pub. L. 111–383, div. B, title XXVIII, § 2814(b), Jan. 7, 2011, 124 Stat. 4464, provided that: ‘‘The amendment made by subsection (a) [repealing former section 2680 of this title] shall not affect the validity of any contract entered into under section 2680 of title 10, United States Code, on or before September 30, 2005.’’ § 2681. Renumbered § 4175] Editorial Notes PRIOR PROVISIONS A prior section 2681, added Pub. L. 87–651, title II, § 209(a), Sept. 7, 1962, 76 Stat. 523; amended Pub. L. 88–174, title V, § 508, Nov. 7, 1963, 77 Stat. 326; Pub. L. 96–513, title V, § 511(93), Dec. 12, 1980, 94 Stat. 2928, re- lated to construction or acquisition of family housing and community facilities in foreign countries, 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. § 2682. Facilities for defense agencies (a) MAINTENANCE AND REPAIR.—Subject to sub- section (c), the maintenance and repair of a real property facility for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense will be accomplished by or through a military department designated by the Secretary of De- fense. (b) JURISDICTION.—Subject to subsection (c), a real property facility under the jurisdiction of the Department of Defense which is used by an activity or agency of the Department of Defense (other than a military department) shall be under the jurisdiction of a military department designated by the Secretary of Defense. (c) FACILITIES FOR INTELLIGENCE COLLECTION OR FOR SPECIAL OPERATIONS ABROAD.—(1) The Secretary of Defense may waive the require- ments of subsections (a) and (b) if necessary to provide security for authorized intelligence col- lection or special operations activities abroad undertaken by the Department of Defense. (2) Not later than 48 hours after using the waiver authority under paragraph (1) for any fa- cility for intelligence collection conducted under the authorities of the Department of De- fense or special operations activity, the Sec- retary of Defense shall submit, in an electronic medium pursuant to section 480 of this title, to the appropriate congressional committees a no- tice of the use of the authority, including the justification for the waiver and the estimated cost of the project for which the waiver applies. (3) In this subsection, the term ‘‘appropriate congressional committees’’ means the following: (A) With respect to a waiver regarding spe- cial operations activities, the congressional defense committees. (B) With respect to a waiver regarding intel- ligence collection conducted under the au- thorities of the Department of Defense— (i) the congressional defense committees; and (ii) the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. (4) The waiver authority provided by para- graph (1) expires December 31, 2020. (Added Pub. L. 88–174, title VI, § 609(a)(1), Nov. 7, 1963, 77 Stat. 329; amended Pub. L. 97–214, § 10(a)(7), July 12, 1982, 96 Stat. 175; Pub. L. 112–81, div. A, title IX, § 926, Dec. 31, 2011, 125 Stat. 1541; Pub. L. 114–92, div. A, title XVI, § 1632, Nov. 25, 2015, 129 Stat. 1111; Pub. L. 115–91, div. B, title XXVIII, § 2811(f), Dec. 12, 2017, 131 Stat. 1848.) Editorial Notes AMENDMENTS 2017—Subsec. (c)(2). Pub. L. 115–91 substituted ‘‘, in an electronic medium pursuant to section 480 of this title, to the appropriate congressional committees a notice’’ for ‘‘to the appropriate congressional commit- tees written notification’’. 2015—Subsecs. (a), (b). Pub. L. 114–92, § 1632(b)(2), re- pealed Pub. L. 112–81, § 926(b). See 2011 Amendment notes below. Subsec. (c). Pub. L. 114–92, § 1632(b)(2), repealed Pub. L. 112–81, § 926(b). See 2011 Amendment note below. Pub. L. 114–92, § 1632(a), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (c)(4). Pub. L. 114–92, § 1632(b)(1), added par. (4). 2011—Pub. L. 112–81, § 926(a)(1), (2), designated first and second sentences as subsecs. (a) and (b), respec- tively, inserted headings, and realigned margins of sub- sec. (b). Subsec. (a). Pub. L. 112–81, § 926(b)(1), which directed the substitution of ‘‘The maintenance and repair’’ for ‘‘Subject to subsection (c), the maintenance and re- pair’’, subject to effective date set out in Effective Date of 2011 Amendment note below, was repealed by Pub. L. 114–92, § 1632(b)(2). Pub. L. 112–81, § 926(a)(1), substituted ‘‘Subject to sub- section (c), the maintenance and repair’’ for ‘‘The maintenance and repair’’. Subsec. (b). Pub. L. 112–81, § 926(b)(2), which directed the substitution of ‘‘A real property’’ for ‘‘Subject to subsection (c), a real property’’, subject to effective date set out in Effective Date of 2011 Amendment note below, was repealed by Pub. L. 114–92, § 1632(b)(2). Pub. L. 112–81, § 926(a)(3), substituted ‘‘Subject to sub- section (c), a real property’’ for ‘‘A real property’’. Subsec. (c). Pub. L. 112–81, § 926(b)(3), which directed the striking out of subsec. (c), subject to effective date set out in Effective Date of 2011 Amendment note below, was repealed by Pub. L. 114–92, § 1632(b)(2). Pub. L. 112–81, § 926(a)(4), added subsec. (c). 1982—Pub. L. 97–214 substituted ‘‘maintenance and re- pair’’ for ‘‘construction, maintenance, rehabilitation, repair, alteration, addition, expansion, or extension’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–81, div. A, title IX, § 926(b), Dec. 31, 2011, 125 Stat. 1541, as amended by Pub. L. 113–291, div. A, 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