10 U.S.C. § 2668 — Easements for rights-of-way

Page 2074 TITLE 10—ARMED FORCES § 2668 § 3(b)(13), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 108–136, div. A, title X, § 1031(a)(28), Nov. 24, 2003, 117 Stat. 1599, related to leases of non-excess property of Defense agencies. Editorial Notes PRIOR PROVISIONS A prior section 2667a, added Pub. L. 98–115, title VIII, § 807(a)(1), Oct. 11, 1983, 97 Stat. 786, provided for sale and replacement of nonexcess real property, prior to re- peal by Pub. L. 98–115, title VIII, § 807(c), Oct. 11, 1983, 97 Stat. 789, as amended by Pub. L. 99–167, title VIII, § 806(a), Dec. 3, 1985, 99 Stat. 988, effective Oct. 1, 1986. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 110–417, div. B, title XXVIII, § 2812(e)(2), (3), Oct. 14, 2008, 122 Stat. 4727, provided that: ‘‘(2) EFFECT ON EXISTING CONTRACTS.—The repeal of section 2667a of title 10, United States Code, shall not affect the validity or terms of any lease with respect to property of a Defense Agency entered into by the Sec- retary of Defense under such section before the date of the enactment of this Act [Oct. 14, 2008]. ‘‘(3) TREATMENT OF MONEY RENTS.—Amounts in any special account established for a Defense Agency pursu- ant to subsection (d) of section 2667a of title 10, United States Code, before repeal of such section by paragraph (1), and amounts that would be deposited in such an ac- count in connection with a lease referred to in para- graph (2), shall— ‘‘(A) remain available until expended for the pur- poses specified in such subsection, notwithstanding the repeal of such section by paragraph (1); or ‘‘(B) to the extent provided in appropriations Acts, be transferred to the special account required for the Secretary of Defense by subsection (e) of section 2667 of such title, as amended by subsection (d)(2) of this section.’’ § 2668. Easements for rights-of-way (a) AUTHORIZED TYPES OF EASEMENTS.—If the Secretary of a military department finds that it will not be against the public interest, the Sec- retary may grant, upon such terms as the Sec- retary considers advisable, easements for rights- of-way over, in, and upon public lands perma- nently withdrawn or reserved for the use of that department, and other lands under the Sec- retary’s control for— (1) railroad tracks; (2) gas, water, sewer, and oil pipe lines; (3) substations for electric power trans- mission lines and pumping stations for gas, water, sewer, and oil pipe lines; (4) canals; (5) ditches; (6) flumes; (7) tunnels; (8) dams and reservoirs in connection with fish and wildlife programs, fish hatcheries, and other improvements relating to fish-culture; (9) roads and streets; (10) poles and lines for the transmission or distribution of electric power; (11) poles and lines for the transmission or distribution of communications signals (in- cluding telephone and telegraph signals); (12) structures and facilities for the trans- mission, reception, and relay of such signals; and (13) any other purpose that the Secretary considers advisable. (b) LIMITATION ON SIZE OF EASEMENT.—No easement granted under this section may in- clude more land than is necessary for the ease- ment. (c) TERMINATION.—The Secretary of the mili- tary department concerned may terminate all or part of any easement granted under this section for— (1) failure to comply with the terms of the grant; (2) nonuse for a two-year period; or (3) abandonment. (d) NOTICE TO DEPARTMENT OF THE INTERIOR.— Copies of instruments granting easements over public lands under this section shall be fur- nished to the Secretary of the Interior. (e) DISPOSITION OF CONSIDERATION.—Sub- sections (c) and (e) of section 2667 of this title shall apply with respect to in-kind consideration and proceeds received by the Secretary of a mili- tary department in connection with an ease- ment granted under this section in the same manner as such subsections apply to in-kind consideration and money rentals received pursu- ant to leases entered into by that Secretary under such section. (Aug. 10, 1956, ch. 1041, 70A Stat. 150; Pub. L. 98–525, title XIV, § 1405(38), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 104–201, div. B, title XXVIII, § 2861, Sept. 23, 1996, 110 Stat. 2804; Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(f)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–418; Pub. L. 108–136, div. B, title XXVIII, § 2813(a), Nov. 24, 2003, 117 Stat. 1725; Pub. L. 109–163, div. A, title X, § 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 109–364, div. B, title XXVIII, § 2822(a), (b), Oct. 17, 2006, 120 Stat. 2474, 2475; Pub. L. 110–181, div. A, title X, § 1063(a)(14), Jan. 28, 2008, 122 Stat. 322.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2668(a) ..... 2668(b) ..... 43:931b (less 2d and 3d provisos of 1st sen- tence, and less last sentence). 43:931b (2d proviso of 1st sentence). July 24, 1946, ch. 596, § 7, 60 Stat. 643; Oct. 25, 1951, ch. 563, § 101 (31st through 43d words), 65 Stat. 641. 2668(c) ..... 43:931b (3d proviso of 1st sentence). 2668(d) ..... 43:931b (last sentence) [43:931b is made appli- cable to the Navy by 50:171–1 (16th through 21st words)]. In subsection (a), the word ‘‘conditions’’ is omitted as covered by the word ‘‘terms’’. The description of the persons covered in the opening paragraph and the lands covered in clauses (1)–(10) is restated to reflect an opin- ion of the Judge Advocate General of the Army (JAGR 1952/3179, 27 Mar. 1952). The exceptions to clause (10) make express the fact that the revised section does not cover certain easements authorized by earlier law. The word ‘‘over’’ includes the word ‘‘across’’. The words ‘‘of the United States’’, ‘‘and empowered’’, ‘‘acquired lands’’, ‘‘jurisdiction and’’, and ‘‘municipality’’ are omitted as surplusage. The word ‘‘Commonwealth’’ is inserted to reflect the present status of Puerto Rico. In subsection (b), the words ‘‘for the easement’’ are substituted for the words ‘‘for the purpose for which granted’’. In subsections (b) and (c), the word ‘‘easement’’ is substituted for the word ‘‘rights-of-way’’. In subsection (c), the word ‘‘terminate’’ is substituted for the words ‘‘annulled and forfeited’’. The words ‘‘and Page 2075 TITLE 10—ARMED FORCES § 2669 conditions’’ are omitted as covered by the word ‘‘terms’’. The words ‘‘two-year period’’ are substituted for the words ‘‘a period of two consecutive years’’. The words ‘‘of rights granted under authority hereof’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2008—Subsec. (e). Pub. L. 110–181 substituted ‘‘and (e)’’ for ‘‘and (d)’’. 2006—Subsec. (a). Pub. L. 109–364, § 2822(a)(1), (b)(1), in- serted heading and, in introductory provisions, sub- stituted ‘‘the Secretary may’’ for ‘‘he may’’, ‘‘the Sec- retary considers’’ for ‘‘he considers’’, and ‘‘the Sec- retary’s control’’ for ‘‘his control, to a State, Common- wealth, or possession, or political subdivision thereof, or to a citizen, association, partnership, or corporation of a State, Commonwealth, or possession,’’. Pub. L. 109–163 struck out ‘‘Territory,’’ after ‘‘a State,’’ in two places in introductory provisions. Subsec. (a)(2). Pub. L. 109–364, § 2822(a)(2), substituted ‘‘gas, water, sewer, and oil pipe lines’’ for ‘‘oil pipe lines’’. Subsec. (a)(13). Pub. L. 109–364, § 2822(a)(3), substituted ‘‘the Secretary considers advisable’’ for ‘‘he considers advisable, except a purpose covered by section 2669 of this title’’. Subsecs. (b) to (e). Pub. L. 109–364, § 2822(b)(2)–(5), in- serted subsec. headings. 2003—Subsec. (e). Pub. L. 108–136 substituted ‘‘Sub- sections (c) and (d)’’ for ‘‘Subsection (d)’’ and ‘‘sub- sections apply to in-kind consideration and’’ for ‘‘sub- section applies to’’ and inserted ‘‘in-kind consideration and’’ before ‘‘proceeds’’. 2000—Subsec. (e). Pub. L. 106–398 added subsec. (e). 1996—Subsec. (a)(3). Pub. L. 104–201, § 2861(b)(1), struck out ‘‘, telephone lines, and telegraph lines,’’ after ‘‘transmission lines’’. Subsec. (a)(9). Pub. L. 104–201, § 2861(a)(1), struck out ‘‘and’’ at end. Subsec. (a)(10) to (12). Pub. L. 104–201, § 2861(a)(3), added pars. (10) to (12). Former par. (10) redesignated (13). Subsec. (a)(13). Pub. L. 104–201, § 2861(a)(2), (b)(2), re- designated par. (10) as (13) and struck out ‘‘or by the Act of March 4, 1911 (43 U.S.C. 961)’’ after ‘‘2669 of this title’’. 1984—Subsec. (a)(10). Pub. L. 98–525 substituted ‘‘the Act of March 4, 1911 (43 U.S.C. 961)’’ for ‘‘section 961 of title 43’’. § 2668a. Easements: granting restrictive ease- ments in connection with land conveyances (a) AUTHORITY TO INCLUDE RESTRICTIVE EASE- MENT.—In connection with the conveyance of real property by the Secretary concerned under any provision of law, the Secretary concerned may grant an easement to an entity specified in subsection (b) restricting future uses of the con- veyed real property for a conservation purpose consistent with section 170(h)(4)(A)(iv) of the In- ternal Revenue Code of 1986 (26 U.S.C. 170(h)(4)(A)(iv)). (b) AUTHORIZED RECIPIENTS.—An easement under subsection (a) may be granted only to— (1) a State or local government; or (2) a qualified organization, as that term is defined in section 170(h) of the Internal Rev- enue Code of 1986 (26 U.S.C. 170(h)). (c) LIMITATIONS ON USE OF EASEMENT AUTHOR- ITY.—An easement under subsection (a) may not be granted unless— (1) the proposed recipient of the easement consents to the receipt of the easement; (2) the Secretary concerned determines that the easement is in the public interest and the conservation purpose to be promoted by the easement cannot be effectively achieved through the application of State law by the State or a local government without the grant of restrictive easements; (3) the jurisdiction that encompasses the property to be subject to the easement author- izes the grant of restrictive easements; and (4) the Secretary can give or assign to a third party the responsibility for monitoring and enforcing easements granted under this section. (d) CONSIDERATION.—Easements granted under this section shall be without consideration from the recipient. (e) ACREAGE LIMITATION.—No easement grant- ed under this section may include more land than is necessary for the easement. (f) TERMS AND CONDITIONS.—The grant of an easement under this section shall be subject to such additional terms and conditions as the Sec- retary concerned considers appropriate to pro- tect the interests of the United States. (Added Pub. L. 109–364, div. B, title XXVIII, § 2823(a), Oct. 17, 2006, 120 Stat. 2475.) § 2669. Transfer of land and facilities to support contracts with federally funded research and development centers (a) LEASE OF LAND, FACILITIES, AND IMPROVE- MENTS.—(1) The Secretary of a military depart- ment may lease, for no consideration, land, fa- cilities, infrastructure, and improvements to a covered FFRDC if the lease is to further the pur- poses of a contract between the Department of Defense and the covered FFRDC. (2) A lease entered into under paragraph (1) shall terminate on the earlier of the following dates: (A) The date that is 50 years after the date on which the Secretary enters into the lease. (B) The date of the termination or non-re- newal of the contract between the Department of Defense and the covered FFRDC related to the lease. (b) CONVEYANCE OF FACILITIES AND IMPROVE- MENTS.—(1) The Secretary of a military depart- ment may convey, for no consideration, owner- ship of facilities and improvements located on land leased to a covered FFRDC to further the purposes of a contract between the Department of Defense and the covered FFRDC. (2) The ownership of any facilities and im- provements conveyed by the Secretary of a mili- tary department or any improvements made to the leased land by the covered FFRDC under this subsection shall, as determined by the Sec- retary of a military department, revert or trans- fer to the United States upon the termination or non-renewal of the underlying land lease. (3) Any facilities and improvements conveyed by the Secretary of a military department shall be demolished by the covered FFDRC as deter- mined by such Secretary. (c) CONSTRUCTION STANDARDS.—A lease entered into under this section may provide that any fa- cilities constructed on the leased land may be