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119th Congress

Title 10 — Armed Forces

Part IV · Chapter 159 — Real Property; Related Personal Property; and Lease of Non-Excess Property

§ 2668. Easements for rights-of-way

Statutory text

(a)

Authorized Types of Easements.—

If the Secretary of a military department finds that it will not be against the public interest, the Secretary may grant, upon such terms as the Secretary considers advisable, easements for rights-of-way over, in, and upon public lands permanently withdrawn or reserved for the use of that department, and other lands under the Secretary’s control for—

(1)

railroad tracks;

(2)

gas, water, sewer, and oil pipe lines;

(3)

substations for electric power transmission 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 (including telephone and telegraph signals);

(12)

structures and facilities for the transmission, 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 include more land than is necessary for the easement.

(c)

Termination.—

The Secretary of the military 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 furnished to the Secretary of the Interior.

(e)

Disposition of Consideration.—

Subsections (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 military department in connection with an easement granted under this section in the same manner as such subsections apply to in-kind consideration and money rentals received pursuant to leases entered into by that Secretary under such section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 150 · 70A Stat. 150

    Enacted · 10 U.S.C. § 2668

    Aug. 10, 1956, ch. 1041, 70A Stat. 150

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 150

  2. Department of Defense Authorization Act, 1985

    Pub. L. 98–525 title XIV § 1405(38) · 98 Stat. 2492

    Substituted · 10 U.S.C. § 2668(a)(10)

    Pub. L. 98–525 substituted “the Act of March 4, 1911 (43 U.S.C. 961)” for “section 961 of title 43”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (38) Section 2668(a)(10) is amended by striking out “section 961 of title 43” and inserting in lieu thereof “the Act of March 4, 1911 (43 U.S.C. 961)”.

  3. Military Construction Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 2861(b)(1) · 110 Stat. 2422

    Struck · 10 U.S.C. § 2668(a)(3)

    Pub. L. 104–201, § 2861(b)(1), struck out “, telephone lines, and telegraph lines,” after “transmission lines”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 104–201, § 2861(b)(1), struck out “, telephone lines, and telegraph lines,” after “transmission lines”.

    Enacted provision · exact public law section
    (1) in paragraph (3), by striking out “, telephone lines, and telegraph lines,”; and

  4. Military Construction Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 2861(a)(1) · 110 Stat. 2422

    Struck · 10 U.S.C. § 2668(a)(9)

    Pub. L. 104–201, § 2861(a)(1), struck out “and” at end

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 104–201, § 2861(a)(1), struck out “and” at end.

    Enacted provision · exact public law section
    (1) by striking out “and” at the end of paragraph (9);

  5. Military Construction Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 2861(a)(3) · 110 Stat. 2422

    Redesignated · 10 U.S.C. § 2668(a)(10)(12)

    Pub. L. 104–201, § 2861(a)(3), added pars. (10) to (12). Former par. (10) redesignated (13)

    Source evidence

    Code amendment note
    Subsec. (a)(10) to (12). Pub. L. 104–201, § 2861(a)(3), added pars. (10) to (12). Former par. (10) redesignated (13).

    Enacted provision · exact public law section
    (3) by inserting after paragraph (9) the following new paragraphs: “(10) poles and lines for the transmission or distribution of electric power; “(11) poles and lines for the transmission or distribution of communications signals (including telephone and telegraph signals); “(12) structures and facilities for the transmission, reception, and relay of such signals; and”.

  6. Military Construction Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 2861(a)(2) · 110 Stat. 2422

    1. Redesignated · 10 U.S.C. § 2668(a)(13)

      Pub. L. 104–201, § 2861(a)(2), (b)(2), redesignated par. (10) as (13)

    2. Struck · 10 U.S.C. § 2668(a)(13)

      Pub. L. 104–201, § 2861(a)(2), (b)(2), struck out “or by the Act of March 4, 1911 (43 U.S.C. 961)” after “2669 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(13). Pub. L. 104–201, § 2861(a)(2), (b)(2), redesignated 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”.

    Enacted provision · exact public law section
    (2) by redesignating paragraph (10) as paragraph (13); and

  7. Pub. L. 106–398 § 1(dB)(tXXVIII)(s2812)(f)(1) · 114 Stat. 1654

    Added · 10 U.S.C. § 2668(e)

    Pub. L. 106–398 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 106–398 added subsec. (e).

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  8. Military Construction Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. B title XXVIII § 2813(a) · 117 Stat. 1392

    1. Substituted · 10 U.S.C. § 2668(e)

      Pub. L. 108–136 substituted “Subsections (c) and (d)” for “Subsection (d)”

    2. Substituted · 10 U.S.C. § 2668(e)

      Pub. L. 108–136 substituted “subsections apply to in-kind consideration and” for “subsection applies to”

    3. Inserted · 10 U.S.C. § 2668(e)

      Pub. L. 108–136 inserted “in-kind consideration and” before “proceeds”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–136 substituted “Subsections (c) and (d)” for “Subsection (d)” and “subsections apply to in-kind consideration and” for “subsection applies to” and inserted “in-kind consideration and” before “proceeds”.

    Enacted provision · exact public law section
    (a) Easements for Rights-of-Way.— Section 2668(e) of title 10, United States Code, is amended— (1) by striking “Subsection (d)” and inserting “Subsections (c) and (d)”; (2) by inserting “in-kind consideration and” before “proceeds”; and (3) by striking “subsection applies to” and inserting “subsections apply to in-kind consideration and”.

  9. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title X § 1057(a)(3) · 119 Stat. 3136

    Struck · 10 U.S.C. § 2668(a)

    Pub. L. 109–163 struck out “Territory,” after “a State,” in two places in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–163 struck out “Territory,” after “a State,” in two places in introductory provisions.

    Enacted provision · exact public law section
    (3) The following sections are amended by striking the terms “Territory,” and “Territories,” each place they appear: sections 849, 858, 888, 2668, 2669, 7545, and 9773.

  10. Military Construction Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 2822(a)(1) · 120 Stat. 2083

    1. Inserted · 10 U.S.C. § 2668(a)

      Pub. L. 109–364, § 2822(a)(1), (b)(1), inserted heading and, in introductory provisions

    2. Substituted · 10 U.S.C. § 2668(a)

      Pub. L. 109–364, § 2822(a)(1), (b)(1), substituted “the Secretary may” for “he may”

    3. Substituted · 10 U.S.C. § 2668(a)

      Pub. L. 109–364, § 2822(a)(1), (b)(1), substituted “the Secretary considers” for “he considers”

    4. Substituted · 10 U.S.C. § 2668(a)

      Pub. L. 109–364, § 2822(a)(1), (b)(1), substituted “the Secretary’s control” for “his control, to a State, Commonwealth, or possession, or political subdivision thereof, or to a citizen, association, partnership, or corporation of a State, Commonwealth, or possession,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–364, § 2822(a)(1), (b)(1), inserted heading and, in introductory provisions, substituted “the Secretary may” for “he may”, “the Secretary considers” for “he considers”, and “the Secretary’s control” for “his control, to a State, Commonwealth, or possession, or political subdivision thereof, or to a citizen, association, partnership, or corporation of a State, Commonwealth, or possession,”.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1)— (A) by striking “he” both places it appears and inserting “the Secretary”; and (B) by striking “his control, to a State, Commonwealth, or possession, or political subdivision thereof, or to a citizen, association, partnership, or corporation of a State, Commonwealth, or possession,” and inserting “the Secretary’s control”;

  11. Military Construction Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 2822(a)(2) · 120 Stat. 2083

    Substituted · 10 U.S.C. § 2668(a)(2)

    Pub. L. 109–364, § 2822(a)(2), substituted “gas, water, sewer, and oil pipe lines” for “oil pipe lines”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–364, § 2822(a)(2), substituted “gas, water, sewer, and oil pipe lines” for “oil pipe lines”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “oil pipe lines” and inserting “gas, water, sewer, and oil pipe lines”; and

  12. Military Construction Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 2822(a)(3) · 120 Stat. 2083

    Substituted · 10 U.S.C. § 2668(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (3) in paragraph (13), by striking “he considers advisable, except a purpose covered by section 2669 of this title” and inserting “the Secretary considers advisable”.

  13. Military Construction Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 2822(b)(2) · 120 Stat. 2083

    Inserted · 10 U.S.C. § 2668(b)(e)

    Pub. L. 109–364, § 2822(b)(2)–(5), inserted subsec. headings

    Source evidence

    Code amendment note
    Subsecs. (b) to (e). Pub. L. 109–364, § 2822(b)(2)–(5), inserted subsec. headings.

    Enacted provision · exact public law section
    (2) in subsection (b), by inserting “Limitation on Size of Easement.—” after “(b)”;

  14. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title X § 1063(a)(14) · 122 Stat. 3

    Substituted · 10 U.S.C. § 2668(e)

    Pub. L. 110–181 substituted “and (e)” for “and (d)”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 110–181 substituted “and (e)” for “and (d)”.

    Enacted provision · exact public law section
    (14) Section 2668(e) is amended by striking “and (d)” and inserting “and (e)”.

19 of 20 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
2668(a)   2668(b)43:931b (less 2d and 3d provisos of 1st sentence, 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 applicable 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 opinion 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 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

Amendments1984–2008 · 6 rounds

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), inserted heading and, in introductory provisions, substituted “the Secretary may” for “he may”, “the Secretary considers” for “he considers”, and “the Secretary’s control” for “his control, to a State, Commonwealth, 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), inserted subsec. headings.

2003

Subsec. (e). Pub. L. 108–136 substituted “Subsections (c) and (d)” for “Subsection (d)” and “subsections apply to in-kind consideration and” for “subsection 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), redesignated par. (10) as (13) and struck out “or by the Act of (43 U.S.C. 961)” after “2669 of this title”.

1984

Subsec. (a)(10). Pub. L. 98–525 substituted “the Act of (43 U.S.C. 961)” for “section 961 of title 43”.

Credits

1956–2008 · 8 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 150
  2. 1984Pub. L. 98–525, title XIV, § 1405(38), , 98 Stat. 2624
  3. 1996Pub. L. 104–201, div. B, title XXVIII, § 2861, , 110 Stat. 2804
  4. 2000Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(f)(1)], , 114 Stat. 1654, 1654A–418
  5. 2003Pub. L. 108–136, div. B, title XXVIII, § 2813(a), , 117 Stat. 1725
  6. 2006Pub. L. 109–163, div. A, title X, § 1057(a)(3), , 119 Stat. 3440
  7. 2006Pub. L. 109–364, div. B, title XXVIII, § 2822(a), (b), , 120 Stat. 2474, 2475
  8. 2008Pub. L. 110–181, div. A, title X, § 1063(a)(14), , 122 Stat. 322.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 150; Pub. L. 98–525, title XIV, § 1405(38), , 98 Stat. 2624; Pub. L. 104–201, div. B, title XXVIII, § 2861, , 110 Stat. 2804; Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(f)(1)], , 114 Stat. 1654, 1654A–418; Pub. L. 108–136, div. B, title XXVIII, § 2813(a), , 117 Stat. 1725; Pub. L. 109–163, div. A, title X, § 1057(a)(3), , 119 Stat. 3440; Pub. L. 109–364, div. B, title XXVIII, § 2822(a), (b), , 120 Stat. 2474, 2475; Pub. L. 110–181, div. A, title X, § 1063(a)(14), , 122 Stat. 322.)

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USLM identifier /us/usc/t10/s2668