10 U.S.C. § 2670 — Use of facilities by private organizations;

Page 2076 TITLE 10—ARMED FORCES § 2670 constructed using commercial standards in a manner that provides force protection safe- guards appropriate to the activities conducted in, and the location of, such facilities. (d) INAPPLICABILITY OF CERTAIN PROPERTY MANAGEMENT LAWS.—(1) The conveyance or lease of property or facilities, improvements, and infrastructure under this section shall not be subject to the following provisions of law: (A) Section 2667 of this title. (B) Section 1302 of title 40. (C) Section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411). (2) Sections 2662 and 2802 of this title shall not apply to any improvements or facilities con- structed by the covered FFRDC on land leased or conveyed to a covered FFRDC described in subsection (a) or (b). (e) COMPETITIVE PROCEDURES FOR SELECTION OF CERTAIN LESSEES; EXCEPTION.—If a proposed lease under this section is with respect to a cov- ered FFRDC, the use of competitive procedures for the selection of the lessee is not required and the provisions of chapter 33 of title 41, United States Code, or chapter 221 of title 10, United States Code, and the related provisions of the Federal Acquisition Regulation shall not apply. (f) COVERED FFRDC DEFINED.—In this section, the term ‘‘covered FFRDC’’ means a federally funded research and development center that is sponsored by, and has entered into a contract with, the Department of Defense. (Added Pub. L. 117–263, div. B, title XXVIII, § 2831(a), Dec. 23, 2022, 136 Stat. 3002.) Editorial Notes PRIOR PROVISIONS A prior section 2269, act Aug. 10, 1956, ch. 1041, 70A Stat. 151; Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(f)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–418; Pub. L. 108–136, div. B, title XXVIII, § 2813(b), Nov. 24, 2003, 117 Stat. 1725; Pub. L. 109–163, div. A, title X, § 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440, related to easements for gas, water, and sewer pipe lines, prior to repeal by Pub. L. 109–364, div. B, title XXVIII, § 2822(c), Oct. 17, 2006, 120 Stat. 2475. § 2670. Use of facilities by private organizations; use as polling places (a) USE BY RED CROSS.—Under such conditions as he may prescribe, the Secretary of any mili- tary department may issue a revocable license to the American National Red Cross to— (1) erect and maintain, on any military in- stallation under his jurisdiction, buildings for the storage of supplies; or (2) use, for the storage of supplies, buildings erected by the United States. Supplies stored in buildings erected or used under this subsection are available to aid the ci- vilian population in a serious national disaster. (b) USE OF CERTAIN FACILITIES AS POLLING PLACES.—(1) Notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title) or any other provision of law, the Secretary of De- fense or Secretary of a military department may not (except as provided in paragraph (3)) pro- hibit the designation or use of a qualifying facil- ity under the jurisdiction of the Secretary as an official polling place for local, State, or Federal elections. (2) A Department of Defense facility is a quali- fying facility for purposes of this subsection if as of December 31, 2000— (A) the facility is designated as an official polling place by a State or local election offi- cial; or (B) the facility has been used as such an offi- cial polling place since January 1, 1996. (3) The limitation in paragraph (1) may be waived by the Secretary of Defense or Secretary of the military department concerned with re- spect to a particular Department of Defense fa- cility if the Secretary of Defense or Secretary concerned determines that local security condi- tions require prohibition of the designation or use of that facility as an official polling place for any election. (c) USE OF SPACE AND EQUIPMENT BY VETERANS SERVICE ORGANIZATIONS.—(1) Upon certification to the Secretary concerned by the Secretary of Veterans Affairs, the Secretary concerned shall allow accredited, paid, full-time representatives of the organizations named in section 5902 of title 38, or of other organizations recognized by the Secretary of Veterans Affairs, to function on military installations under the jurisdiction of the Secretary concerned that are on land and from which persons are discharged or released from active duty. (2) The commanding officer of a military in- stallation allowing representatives to function on the installation under paragraph (1) shall allow the representatives to use available space and equipment at the installation. (3) This subsection does not authorize the vio- lation of measures of military security. (Aug. 10, 1956, ch. 1041, 70A Stat. 151; Pub. L. 107–107, div. A, title XVI, § 1607(a)–(b)(2), Dec. 28, 2001, 115 Stat. 1279, 1280; Pub. L. 108–375, div. B, title XXVIII, § 2821(c)(1), (e)(2), Oct. 28, 2004, 118 Stat. 2129, 2130.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2670 ......... 36:12. June 3, 1916, ch. 134, § 127a (5th par.); added June 4, 1920, ch. 227, subch. I, § 51 (5th par.); restated July 17, 1953, ch. 222, § 3, 67 Stat. 178. The word ‘‘issue’’ is substituted for the words ‘‘grant permission’’. The word ‘‘use’’ is substituted for the words ‘‘occupy for that purpose’’. Editorial Notes AMENDMENTS 2004—Pub. L. 108–375, § 2821(e)(2), substituted ‘‘Use of facilities by private organizations; use as polling places’’ for ‘‘Military installations: use by American National Red Cross; use as polling places’’ in section catchline. Subsec. (c). Pub. L. 108–375, § 2821(c)(1), added subsec. (c). 2001—Pub. L. 107–107 substituted ‘‘Military installa- tions: use by American National Red Cross; use as poll- ing places’’ for ‘‘Licenses: military installations; erec- tion and use of buildings; American National Red Cross’’ in section catchline, designated existing provi- Page 2077 TITLE 10—ARMED FORCES § 2672 sions as subsec. (a), inserted heading, substituted ‘‘this subsection’’ for ‘‘this section’’ in concluding provisions, and added subsec. (b). Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 108–375, div. B, title XXVIII, § 2821(c)(3), Oct. 28, 2004, 118 Stat. 2129, provided that: ‘‘The regulations prescribed to carry out [former] section 2679 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act [Oct. 28, 2004], shall remain in effect with regard to section 2670(c) of such title, as added by paragraph (1), until changed by joint action of the Secretary concerned (as defined in section 101(9) of such title [now 10 U.S.C. 101(a)(9)]) and the Sec- retary of Veterans Affairs.’’ § 2671. Military reservations and facilities: hunt- ing, fishing, and trapping (a) GENERAL REQUIREMENTS FOR HUNTING, FISHING, AND TRAPPING.—The Secretary of De- fense shall, with respect to each military instal- lation or facility under the jurisdiction of any military department in a State— (1) require that all hunting, fishing, and trapping at that installation or facility be in accordance with the fish and game laws of the State in which it is located; (2) require that an appropriate license for hunting, fishing, or trapping on that installa- tion or facility be obtained, except that with respect to members of the armed forces, such a license may be required only if the State au- thorizes the issuance of a license to a member on active duty for a period of more than thirty days at an installation or facility within that State, without regard to residence require- ments, and upon terms otherwise not less fa- vorable than the terms upon which such a li- cense is issued to residents of that State; and (3) develop, subject to safety requirements and military security, and in cooperation with the Governor (or his designee) of the State in which the installation or facility is located, procedures under which designated fish and game or conservation officials of that State may, at such time and under such conditions as may be agreed upon, have full access to that installation or facility to effect measures for the management, conservation, and har- vesting of fish and game resources. (b) WAIVER AUTHORITY.—(1) The Secretary of Defense may waive or otherwise modify the fish and game laws of a State otherwise applicable under subsection (a)(1) to hunting, fishing, or trapping at a military installation or facility if the Secretary determines that the application of such laws to such hunting, fishing, or trapping without modification could result in undesirable consequences for public health or safety at the installation or facility. The authority to waive such laws includes the authority to extend, but not reduce, the specified season for certain hunting, fishing, or trapping. The Secretary may not waive the requirements under sub- section (a)(2) regarding a license for such hunt- ing, fishing, or trapping or any fee imposed by a State to obtain such a license. (2) If the Secretary determines that a waiver of fish and game laws of a State is appropriate under paragraph (1), the Secretary shall provide written notification to the appropriate State of- ficials stating the reasons for, and extent of, the waiver. The notification shall be provided at least 30 days before implementation of the waiv- er. (c) VIOLATIONS.—Whoever is guilty of an act or omission which violates a requirement pre- scribed under subsection (a)(1) or (2), which act or omission would be punishable if committed or omitted within the jurisdiction of the State in which the installation or facility is located, by the laws thereof in effect at the time of that act or omission, is guilty of a like offense and is subject to a like punishment. (d) RELATION TO TREATY RIGHTS.—This section does not modify any rights granted by the trea- ty or otherwise to any Indian tribe or to the members thereof. (e) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. (Added Pub. L. 85–337, § 4(1), Feb. 28, 1958, 72 Stat. 29; amended Pub. L. 107–107, div. B, title XXVIII, § 2811, Dec. 28, 2001, 115 Stat. 1307; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 111–383, div. A, title X, § 1075(b)(42), Jan. 7, 2011, 124 Stat. 4371.) Editorial Notes AMENDMENTS 2011—Subsec. (a)(2). Pub. L. 111–383 substituted ‘‘armed forces’’ for ‘‘Armed Forces’’. 2006—Subsecs. (a) to (c). Pub. L. 109–163 struck out ‘‘or Territory’’ after ‘‘State’’ wherever appearing. 2001—Subsec. (a). Pub. L. 107–107, § 2811(b)(1), inserted heading. Subsec. (b). Pub. L. 107–107, § 2811(a)(2), added subsec. (b). Former subsec. (b) redesignated (e). Subsec. (c). Pub. L. 107–107, § 2811(b)(2), inserted head- ing. Subsec. (d). Pub. L. 107–107, § 2811(b)(3), inserted head- ing. Subsec. (e). Pub. L. 107–107, § 2811(a)(1), redesignated subsec. (b) as (e), inserted heading, and transferred sub- sec. to end of section. Statutory Notes and Related Subsidiaries INCREASED HUNTING AND FISHING OPPORTUNITIES FOR MEMBERS OF THE ARMED FORCES, RETIRED MEMBERS, AND DISABLED VETERANS Pub. L. 109–364, div. A, title X, § 1077(a), Oct. 17, 2006, 120 Stat. 2406, provided that: ‘‘Consistent with section 2671 of title 10, United States Code, and using such funds as are made available for this purpose, the Sec- retary of Defense shall ensure that members of the Armed Forces, retired members, disabled veterans, and persons assisting disabled veterans are able to utilize lands under the jurisdiction of the Department of De- fense that are available for hunting or fishing.’’ § 2672. Protection of buildings, grounds, prop- erty, and persons (a) SECRETARY OF DEFENSE RESPONSIBILITY.— The Secretary of Defense shall protect the build- ings, grounds, and property that are under the jurisdiction, custody, or control of the Depart- ment of Defense and the persons on that prop- erty. (b) DESIGNATION OF OFFICERS AND AGENTS.—(1) The Secretary of Defense may designate mili- tary or civilian personnel of the Department of