10 U.S.C. § 2664 — Limitations on real property acquisition

Page 2062 TITLE 10—ARMED FORCES § 2664 Editorial Notes CODIFICATION The text of section 2672, part of which was transferred to this section, redesignated subsec. (c), and amended by Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(2)–(5), was based on Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1459; amended Pub. L. 87–651, title I, § 112(a), Sept. 7, 1962, 76 Stat. 511; Pub. L. 92–145, title VII, § 707(2), (3), Oct. 27, 1971, 85 Stat. 411; Pub. L. 96–418, title VIII, § 806(a), Oct. 10, 1980, 94 Stat. 1777; Pub. L. 99–167, title VIII, § 810(a), (b)(1), Dec. 3, 1985, 99 Stat. 989, 990; Pub. L. 99–661, div. A, title XIII, § 1343(a)(16), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–456, div. B, title XXVIII, § 2804, Sept. 29, 1988, 102 Stat. 2115; Pub. L. 105–85, div. B, title XXVIII, § 2811(a), (b)(1), Nov. 18, 1997, 111 Stat. 1991; Pub. L. 108–136, div. B, title XXVIII, § 2811(a)–(b)(2), Nov. 24, 2003, 117 Stat. 1724, 1725; Pub. L. 108–375, div. B, title XXVIII, § 2821(d)(1), Oct. 28, 2004, 118 Stat. 2130. The text of section 2672a of this title, which was transferred to this section, redesignated subsec. (d), and amended by Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(6)–(9), was based on Pub. L. 94–107, title VI, § 607(8), Oct. 7, 1975, 89 Stat. 566; amended Pub. L. 98–525, title XIV, § 1405(39), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1031(a)(29), Nov. 24, 2003, 117 Stat. 1599; Pub. L. 108–375, div. A, title X, § 1084(d)(23), Oct. 28, 2004, 118 Stat. 2062. The text of section 2676(b) of this title, which was transferred to this section, redesignated subsec. (e), and amended by Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(10), (11), was based on Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1460; amended Pub. L. 97–214, § 5, July 12, 1982, 96 Stat. 170. AMENDMENTS 2024—Subsec. (c)(1)(B). Pub. L. 118–159 directed substi- tution of ‘‘$4,000,000’’ for the dollar amount in subsec. (c)(1), which was executed by making the substitution for ‘‘$750,000’’ in subsec. (c)(1)(B). 2017—Subsec. (d)(2). Pub. L. 115–91, § 2811(b), inserted ‘‘, in an electronic medium pursuant to section 480 of this title,’’ after ‘‘submit’’ and substituted ‘‘a notice’’ for ‘‘written notice’’. Subsec. (f)(2). Pub. L. 115–91, § 2811(c), struck out ‘‘or, if over sooner, the end of the 14-day period beginning on the date on which a copy of the report is provided’’ after ‘‘received by the committees’’. 2011—Subsec. (a)(1). Pub. L. 111–383 made technical amendment to directory language of Pub. L. 109–364, § 2821(b)(1). See 2006 Amendment note below. 2008—Subsec. (h). Pub. L. 110–181 added subsec. (h). 2006—Pub. L. 109–163, § 2821(a)(1)(A), substituted ‘‘Land acquisition authorities’’ for ‘‘Acquisition’’ in section catchline. Subsec. (a). Pub. L. 109–163, § 2821(a)(1)(B), (C), in- serted ‘‘ACQUISITION OF LAND BY CONDEMNATION FOR CERTAIN MILITARY PURPOSES.—(1)’’ before ‘‘The Sec- retary’’ in introductory provisions, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), in subpar. (C), substituted ‘‘subparagraph (B)’’ for ‘‘clause (2)’’, redesignated subsec. (b) as par. (2) and substituted ‘‘paragraph (1)’’ for ‘‘subsection (a)’’. Subsec. (a)(1). Pub. L. 109–364, § 2821(b)(1), as amended by Pub. L. 111–383, substituted ‘‘Subject to subsection (f), the Secretary’’ for ‘‘The Secretary’’ in introductory provisions. Subsec. (b). Pub. L. 109–163, § 2821(a)(1)(D), redesig- nated subsec. (c) as (b) and inserted heading. Pub. L. 109–163, § 2821(a)(1)(C), redesignated subsec. (b) as subsec. (a)(2). Subsec. (c). Pub. L. 109–163, § 2821(a)(2)–(5), redesig- nated pars. (1) and (2) of subsec. (a) and subsecs. (b) and (d) of section 2672 of this title as pars. (1), (2), (3), and (4), respectively, of subsec. (c) of this section, inserted subsec. heading, in par. (3), substituted ‘‘This sub- section’’ for ‘‘This section’’, ‘‘paragraph (1)’’ for ‘‘sub- section (a)(1)’’, and ‘‘paragraph (2)’’ for ‘‘subsection (a)(2)’’, in par. (4), substituted ‘‘this subsection’’ for ‘‘this section’’, and struck out headings for former sub- secs. (a), (b), and (d) of section 2672. Pub. L. 109–163, § 2821(a)(1)(D), redesignated subsec. (c) as (b). Subsec. (d). Pub. L. 109–163, § 2821(a)(6)–(9), redesig- nated subsecs. (a), (c), and (b) of section 2672a of this title as pars. (1), (2), and (3), respectively, of subsec. (d) of this section, inserted subsec. heading, in par. (1), re- designated former pars. (1) to (3) as subpars. (A) to (C), respectively, in par. (2), substituted ‘‘this subsection’’ for ‘‘this section’’, and in par. (3), substituted ‘‘this sub- section’’ for ‘‘this section’’ in first sentence and struck out second sentence which read as follows: ‘‘The au- thority to acquire an interest in land under this section includes authority to make surveys and acquire inter- ests in land (including temporary use), by gift, pur- chase, exchange of land owned by the United States, or otherwise.’’ Pub. L. 109–163, § 2821(a)(1)(E), struck out subsec. (d) which read as follows: ‘‘The Secretary of the military department concerned may accept for the United States a gift of any interest in land, including tem- porary use, for any purpose named in subsection (a).’’ Subsec. (e). Pub. L. 109–163, § 2821(a)(10), (11), redesig- nated subsec. (b) of section 2676 of this title as subsec. (e) of this section and inserted heading. Subsecs. (f), (g). Pub. L. 109–364, § 2821(b)(2), added sub- secs. (f) and (g). 1958—Subsec. (a). Pub. L. 85–861 struck out provisions requiring proceedings under this subsection to be in ac- cordance with the law of the State in which the suit is brought. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–383, div. A, title X, § 1075(g), Jan. 7, 2011, 124 Stat. 4376, provided that amendment by section 1075(g)(6) is effective as of Oct. 17, 2006, and as if in- cluded in Pub. L. 109–364 as enacted. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. SENSE OF CONGRESS Pub. L. 109–364, div. B, title XXVIII, § 2821(a), Oct. 17, 2006, 120 Stat. 2473, provided that: ‘‘It is the sense of Congress that the Secretary of Defense, when acquiring land for military purposes, should— ‘‘(1) make every effort to acquire the land by means of purchases from willing sellers; and ‘‘(2) employ condemnation, eminent domain, or sei- zure procedures only as a measure of last resort in cases of compelling national security requirements or at the request of the seller.’’ § 2664. Limitations on real property acquisition (a) AUTHORIZATION FOR ACQUISITION RE- QUIRED.—No military department may acquire real property not owned by the United States unless the acquisition is expressly authorized by law. The foregoing limitation shall not apply to the acceptance by a military department of real property acquired under the authority of the Ad- ministrator of General Services to acquire prop- erty by the exchange of Government property pursuant to subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (b) COMMISSIONS ON LAND PURCHASE CON- TRACTS.—The maximum amount payable as a commission on a contract for the purchase of Page 2063 TITLE 10—ARMED FORCES § 2664 land from funds appropriated for the Depart- ment of Defense is two percent of the purchase price. (c) COST LIMITATIONS.—(1) Except as provided in paragraph (2), the cost authorized for a land acquisition project may be increased by not more than 25 percent of the amount appro- priated for the project by Congress or 200 per- cent of the amount specified by law as the max- imum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (A) that such an increase is required for the sole purpose of meeting un- usual variations in cost, and (B) that such vari- ations in cost could not have been reasonably anticipated at the time the project was origi- nally approved by Congress. (2) Until subsection (d) is complied with, a land acquisition project may not be placed under contract if, based upon the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land— (A) the scope of the acquisition, as approved by Congress, is proposed to be reduced by more than 25 percent; or (B) the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land, exceeds the amount appropriated for the project by more than (i) 25 percent, or (ii) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser. (d) CONGRESSIONAL NOTIFICATION.—The limita- tions on reduction in scope or increase in cost of a land acquisition in subsection (c) do not apply if the reduction in scope or the increase in cost, as the case may be, is approved by the Secretary concerned and a notification of the facts relat- ing to the proposed reduced scope or increased cost (including a statement of the reasons there- for) is submitted by the Secretary concerned to the congressional defense committees. A con- tract for the acquisition may then be awarded only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to section 480 of this title. (e) PAYMENT OF JUDGEMENTS AND SETTLE- MENTS.—The Secretary concerned shall prompt- ly pay any deficiency judgment against the United States awarded by a court in an action for condemnation of any interest in land or re- sulting from a final settlement of an action for condemnation of any interest in land. Payments under this subsection may be made from funds available to the Secretary concerned for mili- tary construction projects and without regard to the limitations of subsections (c) and (d). (Added Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1460, § 2676; amended Pub. L. 93–166, title VI, § 608(2), Nov. 29, 1973, 87 Stat. 682; Pub. L. 97–214, § 5, July 12, 1982, 96 Stat. 170; Pub. L. 98–407, title VIII, § 802, Aug. 28, 1984, 98 Stat. 1519; Pub. L. 99–661, div. A, title XIII, § 1343(a)(17)(A), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 102–190, div. B, title XXVIII, § 2870(1), Dec. 5, 1991, 105 Stat. 1562; Pub. L. 107–217, § 3(b)(14), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 107–314, div. A, title X, § 1062(a)(11), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108–136, div. A, title X, § 1031(a)(30), Nov. 24, 2003, 117 Stat. 1600; Pub. L. 108–375, div. A, title X, § 1084(b)(4), Oct. 28, 2004, 118 Stat. 2061; renum- bered § 2664 and amended Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(10), (b)–(d), Jan. 6, 2006, 119 Stat. 3512; Pub. L. 111–350, § 5(b)(45), Jan. 4, 2011, 124 Stat. 3846; Pub. L. 115–91, div. B, title XXVIII, § 2811(d), Dec. 12, 2017, 131 Stat. 1848.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2676 ......... [Uncodified]. July 27, 1954, ch. 579, § 501(b) (less provisos), 68 Stat. 560. The word ‘‘property’’ is substituted for the word ‘‘es- tate’’. The words ‘‘not owned by the United States’’ are substituted for the words ‘‘not in Federal ownership’’. The words ‘‘or shall be’’ are omitted as surplusage. Editorial Notes CODIFICATION The text of section 2661(c) of this title, which was transferred to this section and redesignated subsec. (b) by Pub. L. 109–163, § 2821(d), was based on Pub. L. 108–375, div. B, title XXVIII, § 2821(a)(1), Oct. 28, 2004, 118 Stat. 2129. PRIOR PROVISIONS A prior section 2664, acts Aug. 10, 1956, ch. 1041, 70A Stat. 148; Pub. L. 85–861, § 33(a)(15), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 96–513, title V, § 511(90), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 97–31, § 12(3)(A), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97–295, § 1(32), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 100–26, § 7(d)(6), Apr. 21, 1987, 101 Stat. 281, re- lated to acquisition of property for lumber production, prior to repeal by Pub. L. 108–375, div. B, title XXVIII, § 2821(b), Oct. 28, 2004, 118 Stat. 2129. AMENDMENTS 2017—Subsec. (d). Pub. L. 115–91 struck out ‘‘written’’ before ‘‘notification of the facts’’ and ‘‘or, if over soon- er, a period of 14 days elapses from the date on which a copy of that notification is provided’’ before ‘‘in an electronic medium’’ and substituted ‘‘the end of the 14- day period beginning on’’ for ‘‘a period of 21 days elapses from’’. 2011—Subsec. (a). Pub. L. 111–350, which directed sub- stitution ‘‘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, as amended (41 U.S.C. 251 et seq.)’’, was exe- cuted by making the substitution for ‘‘title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ to reflect the probable in- tent of Congress. 2006—Pub. L. 109–163, § 2821(c), renumbered section 2676 of this title as this section and substituted ‘‘Limi- tations on real property acquisition’’ for ‘‘Acquisition: limitation’’ in section catchline. Subsec. (a). Pub. L. 109–163, § 2821(b)(1), inserted head- ing and struck out ‘‘, as amended’’ after ‘‘Federal Prop- erty and Administrative Services Act of 1949’’ in text. Subsec. (b). Pub. L. 109–163, § 2821(d), redesignated subsec. (c) of section 2661 of this title as subsec. (b) of this section. Pub. L. 109–163, § 2821(a)(10), transferred subsec. (b) to section 2663 of this title. Subsec. (c). Pub. L. 109–163, § 2821(b)(2)(A), inserted heading. Subsec. (c)(2). Pub. L. 109–163, § 2821(b)(2)(B), sub- stituted ‘‘Until subsection (d) is complied with, a land’’ Page 2064 TITLE 10—ARMED FORCES § 2665 for ‘‘A land’’ in introductory provisions and ‘‘lesser.’’ for ‘‘lesser,’’ in subpar. (B) and struck out concluding provisions which read ‘‘until subsection (d) is complied with.’’ Subsec. (d). Pub. L. 109–163, § 2821(b)(3), inserted head- ing. Subsec. (e). Pub. L. 109–163, § 2821(b)(4), inserted head- ing. 2004—Subsec. (d). Pub. L. 108–375 substituted ‘‘con- gressional defense committees’’ for ‘‘appropriate com- mittees of Congress’’. 2003—Subsec. (d). Pub. L. 108–136 inserted before pe- riod at end ‘‘or, if over sooner, a period of 14 days elapses from the date on which a copy of that notifica- tion is provided in an electronic medium pursuant to section 480 of this title’’. 2002—Subsec. (a). Pub. L. 107–314 inserted opening pa- renthesis before ‘‘41 U.S.C.’’. Pub. L. 107–217 inserted ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Federal Property and Administra- tive Services Act of 1949’’ and substituted ‘‘41 U.S.C. 251 et seq.)’’ for ‘‘(40 U.S.C. 471 et seq.)’’. 1991—Subsec. (d). Pub. L. 102–190 struck out ‘‘(1)’’ after ‘‘be awarded only’’ and ‘‘, or (2) upon the approval of those committees, if before the end of that period each such committee approves the proposed reduced scope or increased cost’’ before period at end. 1986—Subsec. (c)(2)(B). Pub. L. 99–661 amended gen- erally language of subpar. (B) before ‘‘exceeds the amount’’. See 1984 Amendment note below. 1984—Subsec. (c)(2). Pub. L. 98–407, § 802(1), inserted ‘‘or, in the case of land to be acquired by condemna- tion, the amount to be deposited with the court as just compensation for the land’’ in provisions preceding sub- par. (A). Subsec. (c)(2)(B). Pub. L. 98–407, § 802(2), inserted ‘‘or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just com- pensation for the land,’’. Insertion of new language fol- lowing ‘‘the agreed price for the land’’ was executed to text notwithstanding directory language of Pub. L. 98–407 that made a reference to a nonexistent comma following ‘‘the agreed price for the land’’. See 1986 Amendment note above. Subsec. (e). Pub. L. 98–407, § 802(3), added subsec. (e). 1982—Pub. L. 97–214 designated existing provisions as subsec. (a) and added subsecs. (b) to (d). 1973—Pub. L. 93–166 made limitation inapplicable to property acquired under authority of Administrator of General Services to acquire property by exchange of Government property. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–661, div. A, title XIII, § 1343(a)(17)(B), Nov. 14, 1986, 100 Stat. 3993, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 802(2) of the Military Construction Authorization Act, 1985 (Public Law 98–407; 98 Stat. 1519) [amending this section].’’ 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. § 2665. Sale of certain interests in land; logs (a) The President, through an executive de- partment, may sell to any person or foreign gov- ernment any interest in land that is acquired for the production of lumber or timber products, ex- cept land under the control of the Department of the Army or the Department of the Air Force. (b) The President, through an executive de- partment, may sell to any person or foreign gov- ernment any forest products produced on land owned or leased by a military department or the Department in which the Coast Guard is oper- ating. (c) Sales under subsection (a) or (b) shall be at prices determined by the President acting through the selling agency. (d) Appropriations of the Department of De- fense may be reimbursed for all costs of produc- tion of forest products pursuant to this section from amounts received as proceeds from the sale of any such property. (e)(1) Each State in which is located a military installation or facility from which forest prod- ucts are sold in a fiscal year is entitled at the end of such year to an amount equal to 40 per- cent of (A) the amount received by the United States during such year as proceeds from the sale of forest products produced on such instal- lation or facility, less (B) the amount of reim- bursement of appropriations of the Department of Defense under subsection (d) during such year attributable to such installation or facility. (2) The amount paid to a State pursuant to paragraph (1) shall be expended as the State leg- islature may prescribe for the benefit of the pub- lic schools and public roads of the county or counties in which the military installation or facility is situated. (3) In a case in which a military installation or facility is located in more than one State or county, the amount paid pursuant to paragraph (1) shall be distributed in a manner proportional to the area of such installation or facility in each State or county. (f)(1) There is in the Treasury a reserve ac- count administered by the Secretary of Defense for the purposes of this section. Balances in the account may be used for costs of the military departments— (A) for improvements of forest lands; (B) for unanticipated contingencies in the administration of forest lands and the produc- tion of forest products for which other sources of funds are not available in a timely manner; and (C) for natural resources management that implements approved plans and agreements. (2) There shall be deposited into the reserve account the total amount received by the United States as proceeds from the sale of forest products sold under subsections (a) and (b) less— (A) reimbursements of appropriations made under subsection (d), and (B) payments made to States under sub- section (e). (3) The reserve account may not exceed $4,000,000 on December 31 of any calendar year. Unobligated balances exceeding $4,000,000 on that date shall be deposited into the United States Treasury. (Aug. 10, 1956, ch. 1041, 70A Stat. 149; Pub. L. 95–82, title VI, § 610, Aug. 1, 1977, 91 Stat. 378; Pub. L. 96–513, title V, § 511(91), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 97–31, § 12(3)(B), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97–99, title IX, § 910(a), Dec. 23, 1981, 95 Stat. 1386; Pub. L. 97–295, § 1(33), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 98–407, title VIII,