Chapter 159, Section 2662, Subsection (a) · 10 U.S.C. Chapter 159 — REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY

Contents

(a)

(1)The Secretary of a military department or, with respect to a Defense Agency, the Secretary of Defense may not enter into any of the following listed transactions by or for the use of that department until the Secretary concerned submits a report, subject to paragraph (3), to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives:

(A)An acquisition of fee title to any real property, if the estimated price is more than $750,000.

(B)A lease of any real property to the United States, if the estimated annual rental is more than $750,000.

(C)A lease, license, or easement of real property owned by the United States (other than a lease or license entered into under section 2667(g) of this title), if the estimated annual fair market rental value of the property is more than $750,000.

(D)A transfer of real property owned by the United States to another Federal agency or another military department or to a State, if the estimated value is more than $750,000.

(E)A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $750,000.

(F)Any termination or modification by either the grantor or grantee of an existing license or permit of real property owned by the United States to a military department, under which substantial investments have been or are proposed to be made in connection with the use of the property by the military department.

(G)Any transaction or contract action that results in, or includes, the acquisition or use by, or the lease or license to, the United States of real property, if the estimated annual rental or cost for the use of the real property is more than $750,000.

(H)Any transaction or contract action for the provision and operation of energy production facilities on real property under the jurisdiction of the Secretary of a military department, as authorized by section 2922a(a)(2) of this title, if the term of the transaction or contract exceeds 20 years.

(2)If a transaction covered by subparagraph (A) or (B) of paragraph (1) is part of a project, the report shall include a summary of the general plan for that project, including an estimate of the total cost of the lands to be acquired or leases to be made, as well as the certification described in paragraph (5). The report required by this subsection concerning any report of excess real property described in subparagraph (E) of paragraph (1) shall contain a certification by the Secretary concerned that he has considered the feasibility of exchanging such property for other real property authorized to be acquired for military purposes and has determined that the property proposed to be declared excess is not suitable for such purpose.

(3)The authority of the Secretary concerned to enter into a transaction described in paragraph (1) commences only after the end of the 14-day period beginning on the first day of the first month beginning on or after the date on which the report containing the facts concerning such transaction, and all other such proposed transactions for that month, is provided in an electronic medium pursuant to section 480 of this title.

(4)The report for a month under this subsection may not be submitted later than the first day of that month.

(5)For purposes of paragraph (2), the certification described in this paragraph with respect to an acquisition or lease of real property is a certification that the Secretary concerned—

(A)evaluated the feasibility of using space in property under the jurisdiction of the Department of Defense to satisfy the purposes of the acquisition or lease; and

(B)determined that—

(i)space in property under the jurisdiction of the Department of Defense is not reasonably available to be used to satisfy the purposes of the acquisition or lease;

(ii)acquiring the property or entering into the lease would be more cost-effective than the use of the Department of Defense property; or

(iii)the use of the Department of Defense property would interfere with the ongoing military mission of the property.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 43

Show every defined term

administrative expenses
means only those expenses related to assessing, negotiating, executing, and managing lease and easement transactions.
appropriate committees of Congress
has the meaning given such term in section 2801 of this title.
appropriate congressional committees
means the following:
civilian personnel
means direct-hire, permanent civilian employees of the Department of Defense.
Clear Zone Area
means an area immediately beyond the end of the runway of an airfield that is needed to ensure the safe and unrestricted passage of aircraft in and over the area.
community support facility
includes an ancillary supporting facility (as that term is defined in section 2871(1) of this title).
community support services
includes revenue-generating food, recreational, lodging support services, and resale operations and other retail facilities and services intended to support a community.
construction or facility improvement project
includes any construction, development, conversion, or extension of a building, structure, or other improvement to real property carried out at an overseas military location, whether to satisfy temporary or permanent requirements, and any acquisition of land for an overseas military location.
covered entity
means each of the following:
covered facility
means a facility (as defined in section 2801 of this title), except that such term does not include—
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.
covered official
means a Secretary concerned, the Director of the Army National Guard, or the Director of the Air National Guard.
cultural resource
means any of the following:
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”).
fair market value of the improvements
means the value of improvements determined by the Secretary of Defense on the basis of their highest use.
improvements
includes new construction of facilities and all additions, improvements, modifications, or renovations made to existing facilities or to real property, without regard to whether they were carried out with appropriated or nonappropriated funds.
installation-support services
means those services, supplies, resources, and support typically provided by a local government for its own needs and without regard to whether such services, supplies, resources, and support are provided to its residents generally, except that the term does not include security guard or fire-fighting functions.
intergovernmental support agreement
means a legal instrument reflecting a relationship between the Secretary concerned and a State, local, or tribal government that contains such terms and conditions as the Secretary concerned considers appropriate for the purposes of this section and necessary to protect the interests of the United States.
legislative day
means a day on which either House of Congress is in session.
local government
includes a county, parish, municipality, city, town, township, local public authority, school district, special district, and any agency or instrumentality of a local government.
lowest applicable age
means the lowest minimum drinking age established by the law—
Mark Center Campus
means that area of land (consisting of approximately 16 acres) and improvements thereon, including parking areas, located in Alexandria, Virginia, and known on the day before the date of the enactment of this paragraph as the Fort Belvoir Mark Center Campus.
Member of Congress
includes a Delegate or Resident Commissioner to the Congress.
military construction project
has the meaning given such term in section 2801 of this title.
military installation
means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or Guam.
minimum drinking age
means the minimum age or ages established for persons who may purchase, possess, or consume alcoholic beverages.
mothball action
means placing a military installation in inactive status while maintaining such installation in a condition such that it could be reactivated at a future date.
National Capital Region
means the geographic area located within the boundaries of (A) the District of Columbia, (B) Montgomery and Prince Georges Counties in the State of Maryland, (C) Arlington, Fairfax, Loudoun, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia, and (D) all cities and other units of government within the geographic areas of such District, Counties, and City.
nonappropriated fund instrumentality
means an instrumentality of the United States under the jurisdiction of the armed forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the armed forces.
nonappropriated funds
means funds received from—
Pentagon
means that area of land (consisting of approximately 227 acres) and improvements thereon, including parking areas, located in Arlington County, Virginia, containing the Pentagon Office Building and its supporting facilities.
Pentagon Reservation
means the Pentagon, the Mark Center Campus, and the Raven Rock Mountain Complex.
physical infrastructure
includes real property, utilities, and equipment (installed and free standing and including computer equipment), necessary to provide a complete and usable commissary store or central product processing facility.
plant replacement value
means, with respect to a covered facility, the cost to replace the covered facility using amounts appropriated for facilities sustainment, restoration, and modernization from the following accounts:
Raven Rock Mountain Complex
means that area of land (consisting of approximately 720 acres) and improvements thereon, including parking areas, at the Raven Rock Mountain Complex and its supporting facilities located in Maryland and Pennsylvania.
real property
includes structures, buildings, or other infrastructure of a military installation, roadways and defense access roads, and any other area on the grounds of a military installation.
realignment
includes any action which both reduces and relocates functions and civilian personnel positions, but does not include a reduction in force resulting from workload adjustments, reduced personnel or funding levels, skill imbalances, or other similar causes.
resilience
means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfire, or other anticipated or unanticipated changes in environmental conditions.
Secretary concerned
means—
sentinel landscape
means a landscape-scale area encompassing—
State
includes the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, the State of Yap of the Federated States of Micronesia, and the Republic of Palau, and any agency or instrumentality of a State.
State-owned National Guard installation
has the same meaning as provided in section 100(3) of the Sikes Act (16 U.S.C. 670(3)).
utility system
includes the following: