§ 2691. Restoration of land used by permit or damaged by mishap; reimbursement of State costs of fighting wildland fires

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. 1984

   Military Construction Authorization Act, 1985

   Pub. L. 98–407 title VIII § 804(a) · 98 Stat. 1495

   Enacted · 10 U.S.C. § 2691

   Added Pub. L. 98–407, title VIII, § 804(a), Aug. 28, 1984, 98 Stat. 1519

   Source evidence

   Code source credit
   Added Pub. L. 98–407, title VIII, § 804(a), Aug. 28, 1984, 98 Stat. 1519

   Enacted provision · exact public law section
   (a) Chapter 159 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§2691. Restoration of land used of permit or lease from other agencies “(a) The Secretary of the military department concerned may remove improvements and take any other action necessary in the judgment of the Secretary to restore land used by that military department by permit or lease from another military department or Federal agency if the restoration is required by the permit or lease making that land available to the military department. The Secretary concerned may carry out this section using funds available for operations and maintenance or for military construction. “(b) Unless otherwise prohibited by law or the terms of the permit or lease, before restoration of any land under subsection (a) is begun, the Secretary concerned shall determine, under the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), whether another military department or Federal agency has a use for the land in its existing, improved state. During the period required to make such a determination, the Secretary may provide for maintenance and repair of improvements on the land to the standards established for excess property by the Administrator of General Services.”.

2. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title XIII § 1303(a)(17) · 99 Stat. 583

   Substituted · 10 U.S.C. § 2691

   Pub. L. 99–145 substituted “used by” for “used of” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 99–145 substituted “used by” for “used of” in section catchline.

   Enacted provision · exact public law section
   (17) The heading of section 2691 is amended to read as follows: “§ 2691. Restoration of land used by permit or lease from other agencies”.

3. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 § 2812(b)(1) · 112 Stat. 1920

   Struck · 10 U.S.C. § 2691

   Pub. L. 105–261, § 2812(b)(1), struck out “from other agencies” after “lease” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 105–261, § 2812(b)(1), struck out “from other agencies” after “lease” in section catchline.

   Enacted provision · exact public law section
   (1) The heading of such section is amended to read as follows: “§ 2691. Restoration of land used by permit or lease”.

4. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 § 2812(a) · 112 Stat. 1920

   Added · 10 U.S.C. § 2691(c)

   Pub. L. 105–261, § 2812(a), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–261, § 2812(a), added subsec. (c).

   Enacted provision · exact public law section
   (a) Restoration as Term of Agreement.— Section 2691 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) (1) As a condition of any lease, permit, license, or other grant of access entered into by the Secretary of a military department with another Federal agency authorizing the agency to use lands under the control of the Secretary, the Secretary may require the agency to agree to remove any improvements and to take any other action necessary in the judgment of the Secretary to restore the land used by the agency to its condition before its use by the agency. “(2) In lieu of performing any removal or restoration work under paragraph (1), a Federal agency may elect, with the consent of the Secretary, to reimburse the Secretary for the costs incurred by the military department in performing such removal or restoration work.”.

5. 2002

   Pub. L. 107–217 § 3(b)(15) · 116 Stat. 1062

   1. Inserted · 10 U.S.C. § 2691(b)

      Pub. L. 107–217 inserted “subtitle I of title 40 and title III of” before “the Federal Property and Administrative Services Act of 1949”

   2. Substituted · 10 U.S.C. § 2691(b)

      Pub. L. 107–217 substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–217 inserted “subtitle I of title 40 and title III of” before “the Federal Property and Administrative Services Act of 1949” and substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”.

   Enacted provision · exact public law section
   (15) In section 2691(b)— (A) insert “subtitle I of title 40 and title III of’ before “the Federal”; and (B) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”.

6. 2011

   Pub. L. 111–350 § 5(b)(46) · 124 Stat. 3677

   Substituted · 10 U.S.C. § 2691(b)

   Pub. L. 111–350 substituted “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 (41 U.S.C. 251 et seq.)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 111–350 substituted “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 (41 U.S.C. 251 et seq.)”.

   Enacted provision · exact public law section
   (46) In section 2691(b), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”.

7. 2017

   Military Construction Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 2814(b)(1) · 131 Stat. 1283

   Substituted · 10 U.S.C. § 2691

   Pub. L. 115–91, § 2814(b)(1), substituted “damaged by mishap; reimbursement of State costs of fighting wildland fires” for “lease” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 115–91, § 2814(b)(1), substituted “damaged by mishap; reimbursement of State costs of fighting wildland fires” for “lease” in section catchline.

   Enacted provision · exact public law section
   (1) in the heading, by striking “lease” and inserting “damaged by mishap; reimbursement of state costs of fighting wildland fires”;

8. 2017

   Military Construction Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 2814(a)(1) · 131 Stat. 1283

   1. Inserted · 10 U.S.C. § 2691(a)

      Pub. L. 115–91, § 2814(a)(1), (b)(2), inserted heading

   2. Struck · 10 U.S.C. § 2691(a)

      Pub. L. 115–91, § 2814(a)(1), (b)(2), struck out “or lease” after “permit” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–91, § 2814(a)(1), (b)(2), inserted heading and struck out “or lease” after “permit” in two places.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “or lease” each place it appears;

9. 2017

   Military Construction Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 2814(a)(2) · 131 Stat. 1283

   1. Inserted · 10 U.S.C. § 2691(b)

      Pub. L. 115–91, § 2814(a)(2), (b)(3), inserted heading

   2. Struck · 10 U.S.C. § 2691(b)

      Pub. L. 115–91, § 2814(a)(2), (b)(3), struck out “or lease” after “permit”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–91, § 2814(a)(2), (b)(3), inserted heading and struck out “or lease” after “permit”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “or lease”;

10. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2814(b)(4) · 131 Stat. 1283

    Inserted · 10 U.S.C. § 2691(c)

    Pub. L. 115–91, § 2814(b)(4), inserted heading

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–91, § 2814(b)(4), inserted heading.

    Enacted provision · exact public law section
    (4) in subsection (c), by striking “(c)(1) As a condition” and inserting “(c) Restoration of Department of Defense Land Used by Other Agency.—(1) As a condition”.

11. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2814(a)(3) · 131 Stat. 1283

    Struck · 10 U.S.C. § 2691(c)(1)

    Pub. L. 115–91, § 2814(a)(3), struck out “lease,” before “permit,”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 115–91, § 2814(a)(3), struck out “lease,” before “permit,”.

    Enacted provision · exact public law section
    (3) in subsection (c), by striking “lease,”; and

12. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2814(a)(4) · 131 Stat. 1283

    Added · 10 U.S.C. § 2691(d); 10 U.S.C. § 2691(e)

    Pub. L. 115–91, § 2814(a)(4), added subsecs. (d) and (e)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 115–91, § 2814(a)(4), added subsecs. (d) and (e).

    Enacted provision · exact public law section
    (4) by adding at the end the following new subsections: “(d) Wildland Fires on State Land.— The Secretary of Defense may, in any lease, permit, license, or other grant of access for use of lands owned by a State, agree to reimburse the State for the reasonable costs of the State in suppressing wildland fires caused by the activities of the Department of Defense under such lease, permit, license, or other grant of access. “(e) Restoration of Land Damaged by Mishap.— (1) When land under the administrative jurisdiction of a Federal agency that is not a part of the Department of Defense is damaged as the result of a mishap involving a vessel, aircraft, or vehicle of the Department of Defense, the Secretary of Defense may, with the consent of the Federal agency, restore the land. “(2) When land under the administrative jurisdiction of the Department of Defense or a military department is damaged as the result of a mishap involving a vessel, aircraft, or vehicle of a Federal agency that is not a part of the Department of Defense, the head of the Federal agency under whose control the vessel, aircraft, or vehicle was operating may, with the consent of the Department of Defense, restore the land.” .

13. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 1081(a)(27) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 2691

    Pub. L. 115–232, § 1081(a)(27), substituted “state” for “State” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 115–232, § 1081(a)(27), substituted “state” for “State” in section catchline.

    Enacted provision · exact public law section
    (27) The heading of section 2691, as amended by section 2814(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended to read as follows: “§ 2691. Restoration of land used by permit or damaged by mishap; reimbursement of state costs of fighting wildland fires” .

14. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 353 · 132 Stat. 1636

    Added · 10 U.S.C. § 2691(e)(3)

    Pub. L. 115–232, § 353, added par. (3)

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 115–232, § 353, added par. (3).

    Enacted provision · exact public law section
    SEC. 353. SCOPE OF AUTHORITY FOR RESTORATION OF LAND DUE TO MISHAP.   Subsection (e) of section 2691 of title 10, United States Code, as added by section 2814 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1849), is amended by adding at the end the following new paragraph: “(3) The authority under paragraphs (1) and (2) includes activities and expenditures necessary to complete restoration to meet the regulations of the Federal department or agency with administrative jurisdiction over the affected land, which may be different than the regulations of the Department of Defense.” .

15. 2022

    James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. A title X § 1081(a)(3) · 136 Stat. 2395

    Substituted · 10 U.S.C. § 2691

    Pub. L. 117–263 substituted “State” for “state” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 117–263 substituted “State” for “state” in section catchline.

    Enacted provision · exact public law section
    (3) The section heading for section 2691 is amended by striking “state” and inserting “State”.

18 of 18 references resolved to an enrolled provision