§ 2869. Exchange of property at military installations

Footnotes

1. 1 See References in Text note below.

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. 2003

   Military Construction Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. B title XXVIII § 2805(a)(1) · 117 Stat. 1392

   Enacted · 10 U.S.C. § 2869

   Added Pub. L. 108–136, div. B, title XXVIII, § 2805(a)(1), Nov. 24, 2003, 117 Stat. 1719

   Source evidence

   Code source credit
   Added Pub. L. 108–136, div. B, title XXVIII, § 2805(a)(1), Nov. 24, 2003, 117 Stat. 1719

   Enacted provision · exact public law section
   (1) Subchapter III of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2869. Conveyance of property at military installations closed or realigned to support military construction “(a) Conveyance Authorized; Consideration.— The Secretary concerned may enter into an agreement to convey real property, including any improvements thereon, located on a military installation that is closed or realigned under a base closure law to any person who agrees, in exchange for the real property— “(1) to carry out a military construction project or land acquisition; or “(2) to transfer to the Secretary concerned housing that is constructed or provided by the person and located at or near a military installation at which there is a shortage of suitable military family housing, military unaccompanied housing, or both. “(b) Conditions on Conveyance Authority.— The fair market value of the military construction, military family housing, or military unaccompanied housing to be obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the military construction, military family housing, or military unaccompanied housing is less than the fair market value of the real property to be conveyed, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values. “(c) Pilot Program for Use of Authority.— (1) To the maximum extent practicable, the Secretary of each military department shall use the conveyance authority provided by subsection (a) at least once before December 31, 2004, for the purposes specified in such subsection. “(2) The value of the consideration received by the Secretary concerned in a conveyance carried out under this subsection shall not be less than $1,000,000. “(3) In the case Reports. of the report required under subsection (f) to be submitted in 2005, the Secretary of Defense shall include the following: “(A) A description of the conveyances carried out or proposed under this subsection. “(B) A description of the procedures utilized to enter into any agreements for the conveyance of property under this subsection. “(C) An assessment of the utility of such procedures for the disposal of property at military installations closed or realigned under the base closure laws, and for securing services described in subsection (a), including an assessment of any time saved and cost-savings achieved as a result of the use of the conveyance authority provided by this section. “(D) An assessment of private sector interest in the use of the conveyance authority provided by this section. “(E) A description of the projects for which the Secretary concerned considered using the conveyance authority provided by this section, but did not do so, and an explanation of the decision. “(d) Advance Notice of Use of Authority.— (1) Notice of the proposed use of the conveyance authority provided by subsection (a) shall be provided in such manner as the Secretary of Defense may prescribe, including publication in the Federal Register and otherwise. When real property located at a military installation closed or realigned under the base closure laws is to be conveyed by means of a public sale, the Secretary concerned may notify prospective purchasers that consideration for the property may be provided in the manner authorized by such subsection. “(2) The Secretary concerned may not enter into an agreement under subsection (a) for the conveyance of real property until— “(A) the Secretary submits to Congress notice of the conveyance, including the military construction activities, military family housing, or military unaccompanied housing to be obtained in exchange for the conveyance; and “(B) a period of 14 days expires beginning on the date on which the notice is submitted. “(e) Deposit of Funds.— The Secretary concerned may deposit funds received under subsection (b) in the Department of Defense housing funds established under section 2883(a) of this title. “(f) Annual Report.— In the budget materials submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31, the Secretary of Defense shall include a report detailing the following: “(1) The extent to which the Secretaries concerned used the authority provided by subsection (a) during the preceding fiscal year to convey real property in exchange for military construction and military housing, including the total value of the real property that was actually conveyed during such fiscal year using such authority and the total value of the military construction and military housing services obtained in exchange. “(2) The plans for the use of such authority for the current fiscal year, the fiscal year covered by the budget, and the period covered by the current future-years defense program under section 221 of this title. “(3) The current inventory of unconveyed lands at military installations closed or realigned under a base closure law. “(g) Description of Property.— The exact acreage and legal description of real property conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary concerned. “(h) Additional Terms and Conditions.— The Secretary concerned may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.” .

2. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2811(f)(1) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 2869

   Pub. L. 109–364, § 2811(f)(1), substituted “to support military construction or limit encroachment” for “closed or realigned to support military construction” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 109–364, § 2811(f)(1), substituted “to support military construction or limit encroachment” for “closed or realigned to support military construction” in section catchline.

   Enacted provision · exact public law section
   (1) Section heading.— The heading of such section is amended to read as follows: “§ 2869. Conveyance of property at military installations to support military construction or limit encroachment” .

3. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2811(a) · 120 Stat. 2083

   1. Substituted · 10 U.S.C. § 2869(a)

      Pub. L. 109–364, § 2811(a), (b), designated existing provisions as par. (1), in introductory provisions substituted “described in paragraph (2)” for “located on a military installation that is closed or realigned under a base closure law”

   2. Redesignated · 10 U.S.C. § 2869(a)

      Pub. L. 109–364, § 2811(a), (b), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, in subpar. (A) substituted “land acquisition, including the acquisition of all right, title, and interest or a lesser interest in real property under an agreement entered into under section 2684a of this title to limit encroachments and other constraints on military training, testing, and operations” for “land acquisition”

   3. Added · 10 U.S.C. § 2869(a)

      Pub. L. 109–364, § 2811(a), (b), added pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–364, § 2811(a), (b), designated existing provisions as par. (1), in introductory provisions substituted “described in paragraph (2)” for “located on a military installation that is closed or realigned under a base closure law”, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, in subpar. (A) substituted “land acquisition, including the acquisition of all right, title, and interest or a lesser interest in real property under an agreement entered into under section 2684a of this title to limit encroachments and other constraints on military training, testing, and operations” for “land acquisition”, and added pars. (2) and (3).

   Enacted provision · exact public law section
   (a) Temporary Inclusion of All Military Installations.— Subsection (a) of section 2869 of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting “(1)” before “The Secretary concerned”; (3) by striking “located on a military installation that is closed or realigned under a base closure law” and inserting “described in paragraph (2)”; and (4) by adding at the end the following new paragraphs: “(2) Applicability. Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned that— “(A) is located on a military installation that is closed or realigned under a base closure law; or “(B) is located on a military installation not covered by subparagraph (A) and is determined to be excess to the needs of the Department of Defense. “(3) Applicability. Subparagraph (B) of paragraph (2) shall apply only during the period beginning on the date of the enactment of the John Warner National Defense Authorization Act for Fiscal Year 2007 and ending on September 30, 2008. Any conveyance of real property described in such subparagraph for which the Secretary concerned has provided the advance public notice required by subsection (d)(1) before the expiration date may be completed after that date.” .

4. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2811(c)(1) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 2869(d)(1)

   Pub. L. 109–364, § 2811(c)(1), substituted “is proposed for conveyance” for “closed or realigned under the base closure laws is to be conveyed”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 109–364, § 2811(c)(1), substituted “is proposed for conveyance” for “closed or realigned under the base closure laws is to be conveyed”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking “closed or realigned under the base closure laws is to be conveyed” and inserting “is proposed for conveyance”;

5. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2811(c)(2) · 120 Stat. 2083

   1. Added · 10 U.S.C. § 2869(d)(2); 10 U.S.C. § 2869(d)(3)

      Pub. L. 109–364, § 2811(c)(2), added pars. (2) and (3)

   2. Struck · 10 U.S.C. § 2869(d)(2); 10 U.S.C. § 2869(d)(3)

      Pub. L. 109–364, § 2811(c)(2), struck out former par. (2) which read as follows: “The Secretary concerned may not enter into an agreement under subsection (a) for the conveyance of real property until—

   Source evidence

   Code amendment note
   Subsec. (d)(2), (3). Pub. L. 109–364, § 2811(c)(2), added pars. (2) and (3) and struck out former par. (2) which read as follows: “The Secretary concerned may not enter into an agreement under subsection (a) for the conveyance of real property until—

   “(A) the Secretary submits to Congress notice of the conveyance, including the military construction activities, military family housing, or military unaccompanied housing to be obtained in exchange for the conveyance; and “(B) a period of 14 days expires beginning on the date on which the notice is submitted.”

   Enacted provision · exact public law section
   (2) by striking paragraph (2) and inserting the following new paragraph: “(2) The Secretary concerned may not enter into an agreement under subsection (a) for the conveyance of real property until— “(A) the Secretary submits to Congress notice of the conveyance, including— “(i) a description of the real property to be conveyed by the Secretary under the agreement; “(ii) a description of the military construction project, land acquisition, military family housing, or military unaccompanied housing to be carried out under the agreement in exchange for the conveyance of the property; and “(iii) the amount of any payment to be made under subsection (b) or under section 2684a(d) of this title to equalize the fair market values of the property to be conveyed and the military construction project, land acquisition, military family housing, or military unaccompanied housing to be carried out under the agreement in exchange for the conveyance of the property; and “(B) the waiting period applicable to that notice under paragraph (3) expires. “(3) If the notice submitted under paragraph (2) deals with the conveyance of real property located on a military installation that is closed or realigned under a base closure law or the conveyance of real property under an agreement entered into under section 2684a of this title, the Secretary concerned may enter into the agreement under subsection (a) for the conveyance of the property after a period of 21 days has elapsed from the date of receipt of the notice or, if over sooner, a period of 14 days has elapsed from the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title. In the case of other real property to be conveyed under subsection (a), the Secretary concerned may enter into the agreement only after a period of 60 days has elapsed from the date of receipt of the notice or, if over sooner, a period of 45 days has elapsed from the date on which the electronic copy is provided.” .

6. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2811(d) · 120 Stat. 2083

   Amended · 10 U.S.C. § 2869(e)

   Pub. L. 109–364, § 2811(d), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “The Secretary concerned may deposit funds received under subsection (b) in the Department of Defense housing funds established under section 2883(a) of this title.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 109–364, § 2811(d), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “The Secretary concerned may deposit funds received under subsection (b) in the Department of Defense housing funds established under section 2883(a) of this title.”

   Enacted provision · exact public law section
   (d) Deposit and Use of Funds.— Subsection (e) of such section is amended to read as follows: “(e) Deposit and Use of Funds.— (1) Except as provided in paragraph (2), the Secretary concerned may deposit funds received under subsection (b) in the Department of Defense housing funds established under section 2883(a) of this title. “(2) During the period specified in paragraph (3) of subsection (a), the Secretary concerned shall deposit funds received under subsection (b) in the appropriation ‘Foreign Currency Fluctuations, Construction, Defense’. “(3) The funds deposited under paragraph (2) shall be available, in such amounts as provided in appropriation Acts, for the purpose of paying increased costs of overseas military construction and family housing construction or improvement associated with unfavorable fluctuations in currency exchange rates. The use of such funds for this purpose does not relieve the Secretary concerned from the duty to provide advance notice to Congress under section 2853(c) of this title whenever the Secretary approves an increase in the cost of an overseas project under such section.” .

7. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2811(e) · 120 Stat. 2083

   1. Substituted · 10 U.S.C. § 2869(f)

      Pub. L. 109–364, § 2811(e), in heading substituted “Annual Reports; Effect of Failure to Submit” for “Annual Report”

   2. Substituted · 10 U.S.C. § 2869(f)

      Pub. L. 109–364, § 2811(e), in heading designated existing provisions as par. (1), in introductory provisions substituted “Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report detailing the following:” for “In the budget materials submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31, the Secretary of Defense shall include a report detailing the following:”

   3. Redesignated · 10 U.S.C. § 2869(f)

      Pub. L. 109–364, § 2811(e), in heading redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, in subpar. (C) inserted “and of excess real property at military installations” before period at end

   4. Added · 10 U.S.C. § 2869(f)

      Pub. L. 109–364, § 2811(e), in heading added par. (2)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 109–364, § 2811(e), in heading substituted “Annual Reports; Effect of Failure to Submit” for “Annual Report”, designated existing provisions as par. (1), in introductory provisions substituted “Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report detailing the following:” for “In the budget materials submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31, the Secretary of Defense shall include a report detailing the following:”, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, in subpar. (C) inserted “and of excess real property at military installations” before period at end, and added par. (2).

   Enacted provision · exact public law section
   (e) Annual Reports; Effect of Failure to Submit.— Subsection (f) of such section is amended— (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) in subparagraph (C), as so redesignated, by inserting before the period at the end the following: “and of excess real property at military installations”; (3) by striking “(f)” and all that follows through “the following:” and inserting the following: “(f) Annual Reports; Effect of Failure to Submit.— (1) Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report detailing the following:” ; and (4) by adding at the end the following new paragraph: “(2) If the report for a year is not submitted to Congress by the date specified in paragraph (1), the Secretary concerned may not enter into an agreement under subsection (a) after that date for the conveyance of real property until the date on which the report is finally submitted.” .

8. 2009

   Military Construction Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 § 2804(d)(1) · 123 Stat. 2190

   Amended · 10 U.S.C. § 2869

   Pub. L. 111–84, § 2804(d)(1), amended section catchline generally. Prior to amendment, catchline read as follows: “Conveyance of property at military installations to support military construction or limit encroachment”

   Source evidence

   Code amendment note
   Pub. L. 111–84, § 2804(d)(1), amended section catchline generally. Prior to amendment, catchline read as follows: “Conveyance of property at military installations to support military construction or limit encroachment”.

   Enacted provision · exact public law section
   (1) Section heading.— The heading of such section is amended to read as follows: “§ 2869. Conveyance of property at military installations to limit encroachment” .

9. 2009

   Military Construction Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 § 2804(a)(1)(A) · 123 Stat. 2190

   1. Struck · 10 U.S.C. § 2869(a)(1)

      Pub. L. 111–84, § 2804(a)(1)(A), struck out subpar. (A) designation before “to carry out”

   2. Substituted · 10 U.S.C. § 2869(a)(1)

      Pub. L. 111–84, § 2804(a)(1)(A), substituted “real property,” for “real property—” a period for “; or”

   3. Substituted · 10 U.S.C. § 2869(a)(1)

      Pub. L. 111–84, § 2804(a)(1)(A), substituted “ to carry out a land acquisition” for “to carry out a military construction project or land acquisition” a period for “; or”

   4. Struck · 10 U.S.C. § 2869(a)(1)

      Pub. L. 111–84, § 2804(a)(1)(A), struck out subpar. (B) which read as follows: “to transfer to the Secretary concerned housing that is constructed or provided by the person and located at or near a military installation at which there is a shortage of suitable military family housing, military unaccompanied housing, or both.”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 111–84, § 2804(a)(1)(A), struck out subpar. (A) designation before “to carry out”, substituted “real property,” for “real property—”, “ to carry out a land acquisition” for “to carry out a military construction project or land acquisition”, and a period for “; or”, and struck out subpar. (B) which read as follows: “to transfer to the Secretary concerned housing that is constructed or provided by the person and located at or near a military installation at which there is a shortage of suitable military family housing, military unaccompanied housing, or both.”

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) by striking “agrees, in exchange for the real property—” and all that follows through “to carry out a military construction project or land acquisition” and inserting “agrees, in exchange for the real property, to carry out a land acquisition”; (ii) by striking “; or” and inserting a period; and (iii) by striking subparagraph (B); and

10. 2009

    Military Construction Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 2804(a)(1)(B) · 123 Stat. 2190

    Struck · 10 U.S.C. § 2869(a)(3)

    Pub. L. 111–84, § 2804(a)(1)(B), struck out par. (3) which read as follows: “Subparagraph (B) of paragraph (2) shall apply only during the period beginning on the date of the enactment of the John Warner National Defense Authorization Act for Fiscal Year 2007 and ending on September 30, 2008. Any conveyance of real property described in such subparagraph for which the Secretary concerned has provided the advance public notice required by subsection (d)(1) before the expiration date may be completed after that date.”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 111–84, § 2804(a)(1)(B), struck out par. (3) which read as follows: “Subparagraph (B) of paragraph (2) shall apply only during the period beginning on the date of the enactment of the John Warner National Defense Authorization Act for Fiscal Year 2007 and ending on September 30, 2008. Any conveyance of real property described in such subparagraph for which the Secretary concerned has provided the advance public notice required by subsection (d)(1) before the expiration date may be completed after that date.”

    Enacted provision · exact public law section
    (B) by striking paragraph (3);

11. 2009

    Military Construction Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 2804(a)(2) · 123 Stat. 2190

    Substituted · 10 U.S.C. § 2869(b)

    Pub. L. 111–84, § 2804(a)(2), substituted “fair market value of the land” for “fair market value of the military construction, military family housing, or military unaccompanied housing” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–84, § 2804(a)(2), substituted “fair market value of the land” for “fair market value of the military construction, military family housing, or military unaccompanied housing” in two places.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “fair market value of the military construction, military family housing, or military unaccompanied housing” both places it appears and inserting “fair market value of the land”;

12. 2009

    Military Construction Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 2804(a)(3) · 123 Stat. 2190

    1. Added · 10 U.S.C. § 2869(c)

       Pub. L. 111–84, § 2804(a)(3), added subsec. (c)

    2. Struck · 10 U.S.C. § 2869(c)

       Pub. L. 111–84, § 2804(a)(3), struck out former subsec. (c) which related to pilot program for use of conveyance authority

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–84, § 2804(a)(3), added subsec. (c) and struck out former subsec. (c) which related to pilot program for use of conveyance authority.

    Enacted provision · exact public law section
    (3) by striking subsection (c) and inserting the following new subsection: “(c) Limitation on Use of Conveyance Authority at Installations Closed Under Base Closure Laws.— The authority under subsection (a)(2)(A) to convey property located on a military installation may only be used to the extent the conveyance is consistent with an approved redevelopment plan for such installation.” ; and

13. 2009

    Military Construction Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 2804(a)(4) · 123 Stat. 2190

    Substituted · 10 U.S.C. § 2869(d)(2)(A)(ii); 10 U.S.C. § 2869(d)(2)(A)(iii)

    Pub. L. 111–84, § 2804(a)(4), substituted “land acquisition” for “military construction project, land acquisition, military family housing, or military unaccompanied housing”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A)(ii), (iii). Pub. L. 111–84, § 2804(a)(4), substituted “land acquisition” for “military construction project, land acquisition, military family housing, or military unaccompanied housing”.

    Enacted provision · exact public law section
    (4) in subsection (d)(2)(A), by striking “military construction project, land acquisition, military family housing, or military unaccompanied housing” both places it appears and inserting “land acquisition”.

14. 2009

    Military Construction Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 2804(b) · 123 Stat. 2190

    1. Amended · 10 U.S.C. § 2869(e)

       Pub. L. 111–84, § 2804(b), designated par. (3) as entire subsec.

    2. Substituted · 10 U.S.C. § 2869(e)

       Pub. L. 111–84, § 2804(b), substituted “The Secretary concerned shall deposit funds received under subsection (b) in the appropriation ‘Foreign Currency Fluctuations, Construction, Defense’. The funds deposited shall be available” for “The funds deposited under paragraph (2) shall be available”

    3. Struck · 10 U.S.C. § 2869(e)

       Pub. L. 111–84, § 2804(b), struck out pars. (1) and (2), which read as follows:

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 111–84, § 2804(b), designated par. (3) as entire subsec., substituted “The Secretary concerned shall deposit funds received under subsection (b) in the appropriation ‘Foreign Currency Fluctuations, Construction, Defense’. The funds deposited shall be available” for “The funds deposited under paragraph (2) shall be available”, and struck out pars. (1) and (2), which read as follows:

    “(1) Except as provided in paragraph (2), the Secretary concerned may deposit funds received under subsection (b) in the Department of Defense housing funds established under section 2883(a) of this title. “(2) During the period specified in paragraph (3) of subsection (a), the Secretary concerned shall deposit funds received under subsection (b) in the appropriation ‘Foreign Currency Fluctuations, Construction, Defense’.”

    Enacted provision · exact public law section
    (b) Requirement to Deposit Funds in Foreign Currency Fluctuations, Construction, Defense Account.— Subsection (e) of such section is amended by striking “(1) Except as provided in paragraph (2), the Secretary concerned may deposit funds” and all that follows through “funds deposited under paragraph (2) shall be available” in paragraph (3) and inserting “The Secretary concerned shall deposit funds received under subsection (b) in the appropriation ‘Foreign Currency Fluctuations, Construction, Defense’. The funds deposited shall be available”.

15. 2009

    Military Construction Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 2804(c) · 123 Stat. 2190

    Amended · 10 U.S.C. § 2869(f)

    Pub. L. 111–84, § 2804(c), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to annual reports on conveyances and effect of failure to submit report

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 111–84, § 2804(c), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to annual reports on conveyances and effect of failure to submit report.

    Enacted provision · exact public law section
    (c) Elimination of Annual Report Requirement; Sunset.— Subsection (f) of such section is amended to read as follows: “(f) Sunset.— The authority to enter into an agreement under this section shall expire on September 30, 2013.” .

16. 2011

    Military Construction Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 2815(a)(1) · 125 Stat. 1298

    Substituted · 10 U.S.C. § 2869

    Pub. L. 112–81, § 2815(a)(1), substituted “Exchange of property at military installations” for “Conveyance of property at military installations to limit encroachment” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 112–81, § 2815(a)(1), substituted “Exchange of property at military installations” for “Conveyance of property at military installations to limit encroachment” in section catchline.

    Enacted provision · exact public law section
    (1) in the section heading, by striking “Conveyance of property at military installations to limit encroachment” and inserting “Exchange of property at military installations”; and

17. 2011

    Military Construction Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 2815(a)(2)(A) · 125 Stat. 1298

    Substituted · 10 U.S.C. § 2869(a)

    Pub. L. 112–81, § 2815(a)(2)(A), substituted “Exchange Authorized” for “Conveyance Authorized; Consideration” in heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 112–81, § 2815(a)(2)(A), substituted “Exchange Authorized” for “Conveyance Authorized; Consideration” in heading.

    Enacted provision · exact public law section
    (A) in the subsection heading, by striking “Conveyance Authorized; Consideration” and inserting “Exchange Authorized”; and

18. 2011

    Military Construction Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 2815(a)(2)(B) · 125 Stat. 1298

    Substituted · 10 U.S.C. § 2869(a)(1)

    Pub. L. 112–81, § 2815(a)(2)(B), substituted “to any eligible entity who agrees, in exchange for the real property, to transfer to the United States all right, title, and interest of the entity in and to a parcel of real property, including any improvements thereon under their control, or to carry out a land acquisition” for “to any person who agrees, in exchange for the real property, to carry out a land acquisition”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 112–81, § 2815(a)(2)(B), substituted “to any eligible entity who agrees, in exchange for the real property, to transfer to the United States all right, title, and interest of the entity in and to a parcel of real property, including any improvements thereon under their control, or to carry out a land acquisition” for “to any person who agrees, in exchange for the real property, to carry out a land acquisition”.

    Enacted provision · exact public law section
    (B) in paragraph (1), by striking “to any person who agrees, in exchange for the real property, to carry out a land acquisition” and inserting “to any eligible entity who agrees, in exchange for the real property, to transfer to the United States all right, title, and interest of the entity in and to a parcel of real property, including any improvements thereon under their control, or to carry out a land acquisition”.

19. 2011

    Military Construction Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 2815(b) · 125 Stat. 1298

    1. Redesignated · 10 U.S.C. § 2869(f)(h)

       Pub. L. 112–81, § 2815(b), redesignated subsecs. (g) and (h) as (f) and (g), respectively

    2. Struck · 10 U.S.C. § 2869(f)(h)

       Pub. L. 112–81, § 2815(b), struck out former subsec. (f), which provided that authority to enter into an agreement under this section would expire on September 30, 2013

    Source evidence

    Code amendment note
    Subsecs. (f) to (h). Pub. L. 112–81, § 2815(b), redesignated subsecs. (g) and (h) as (f) and (g), respectively, and struck out former subsec. (f), which provided that authority to enter into an agreement under this section would expire on September 30, 2013.

    Enacted provision · exact public law section
    (b) Extension of Authority.— Such section is further amended— (1) by striking subsection (f); and (2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.

20. 2013

    Military Construction Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. B title XXVIII § 2811 · 126 Stat. 1632

    1. Substituted · 10 U.S.C. § 2869(a)(1)

       Pub. L. 112–239 substituted “any person” for “any eligible entity”

    2. Substituted · 10 U.S.C. § 2869(a)(1)

       Pub. L. 112–239 substituted “the person” for “the entity”

    3. Substituted · 10 U.S.C. § 2869(a)(1)

       Pub. L. 112–239 substituted “the person’s control” for “their control”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 112–239 substituted “any person” for “any eligible entity”, “the person” for “the entity”, and “the person’s control” for “their control”.

    Enacted provision · exact public law section
    SEC. 2811. CLARIFICATION OF PARTIES WITH WHOM DEPARTMENT OF DEFENSE MAY CONDUCT EXCHANGES OF REAL PROPERTY AT CERTAIN MILITARY INSTALLATIONS.   Section 2869(a)(1) of title 10, United States Code, is amended— (1) by striking “any eligible entity” and inserting “any person”; (2) by striking “the entity” and inserting “the person”; and (3) by striking “their control” and inserting “the person’s control”.

21. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2815 · 131 Stat. 1283

    Amended · 10 U.S.C. § 2869(a)(2)

    Pub. L. 115–91, § 2815, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned that—

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 115–91, § 2815, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned that—

    “(A) is located on a military installation that is closed or realigned under a base closure law; or “(B) is located on a military installation not covered by subparagraph (A) and is determined to be excess to the needs of the Department of Defense.”

    Enacted provision · exact public law section
    SEC. 2815. CRITERIA FOR EXCHANGES OF PROPERTY AT MILITARY INSTALLATIONS.   Paragraph (2) of section 2869(a) of title 10, United States Code, is amended to read as follows: “(2) Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned— “(A) that is located on a military installation that is closed or realigned under a base closure law; or “(B) that is located on a military installation not covered by subparagraph (A) and for which the Secretary concerned makes a determination that the conveyance under paragraph (1) is advantageous to the United States.” .

22. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2816 · 131 Stat. 1283

    Amended · 10 U.S.C. § 2869(b)

    Pub. L. 115–91, § 2816, amended subsec. (b) generally. Prior to amendment, text read as follows: “The fair market value of the land to be obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the land is less than the fair market value of the real property to be conveyed, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–91, § 2816, amended subsec. (b) generally. Prior to amendment, text read as follows: “The fair market value of the land to be obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the land is less than the fair market value of the real property to be conveyed, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values.”

    Enacted provision · exact public law section
    SEC. 2816. LAND EXCHANGE VALUATION OF PROPERTY WITH REDUCED DEVELOPMENT THAT LIMITS ENCROACHMENT ON MILITARY INSTALLATIONS.   Subsection (b) of section 2869 of title 10, United States Code, is amended to read as follows: “(b) Conditions on Conveyance Authority.— (1) The fair market value of the land to be obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the land is less than the fair market value of the real property to be conveyed, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values. “(2) In the case of a conveyance of real property to a political subdivision of a State, the value of the real property to be conveyed by the Secretary concerned under subsection (a) may exceed the fair market value of the land to be obtained, as determined under paragraph (1), by an amount not to exceed the reduction in value of the land which is attributable to voluntary zoning actions taken by such political subdivision to limit encroachment on a military installation, but only if the notice required by subsection (d)(2) contains— “(A) a certification by the Secretary concerned that the military value to the United States of the land to be acquired justifies a payment in excess of the fair market value; and “(B) a description of the military value to be obtained.” .

23. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2801(c)(6) · 131 Stat. 1283

    1. Substituted · 10 U.S.C. § 2869(d)(3)

       Pub. L. 115–91, § 2801(c)(6), substituted “after the end of the 14-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title.” for “after a period of 21 days has elapsed from the date of receipt of the notice or, if over sooner, a period of 14 days has elapsed from the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title.”

    2. Substituted · 10 U.S.C. § 2869(d)(3)

       Pub. L. 115–91, § 2801(c)(6), substituted “only after the end of the 45-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title.” for “only after a period of 60 days has elapsed from the date of receipt of the notice or, if over sooner, a period of 45 days has elapsed from the date on which the electronic copy is provided.”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 115–91, § 2801(c)(6), substituted “after the end of the 14-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title.” for “after a period of 21 days has elapsed from the date of receipt of the notice or, if over sooner, a period of 14 days has elapsed from the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title.” and “only after the end of the 45-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title.” for “only after a period of 60 days has elapsed from the date of receipt of the notice or, if over sooner, a period of 45 days has elapsed from the date on which the electronic copy is provided.”

    Enacted provision · exact public law section
    (6) Section 2869(d)(3) is amended— (A) in the first sentence, by striking “after a period of 21 days” and all that follows through the end of the sentence and inserting the following: “after the end of the 14-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title.”; and (B) in the second sentence, by striking “only after” and all that follows through the end of the sentence and inserting the following: “only after the end of the 45-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title.”

24. 2021

    Military Construction Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 2862(a) · 134 Stat. 3388

    Added · 10 U.S.C. § 2869(a)(3)

    Pub. L. 116–283, § 2862(a), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 116–283, § 2862(a), added par. (3).

    Enacted provision · exact public law section
    (a) Pilot Program Required.— Section 2869(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(3) (A) The Secretary of Defense shall establish a pilot program under which the Secretary concerned, during the term of the pilot program, may use the authority provided by paragraph (1) to also convey real property, including any improvements thereon, described in paragraph (2) to any person who agrees, in exchange for the real property, to provide— “(i) installation-support services (as defined in 2679(e) of this title); or “(ii) a new facility or improvements to an existing facility. “(B) The acquisition of a facility or improvements to an existing facility using the authority provided by subparagraph (A) shall not be treated as a military construction project for which an authorization is required by section 2802 of this title. “(C) The expanded conveyance authority provided by subparagraph (A) applies only during the five-year period beginning on the date on which the Secretary of Defense issues guidance regarding the use by the Secretaries concerned of such authority.” .

25. 2021

    Military Construction Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 2862(b)(1) · 134 Stat. 3388

    1. Substituted · 10 U.S.C. § 2869(b)(1)

       Pub. L. 116–283, § 2862(b)(1), substituted “of the real property, installation-support services, or facility or improvements to an existing facility” for “of the land to be”

    2. Substituted · 10 U.S.C. § 2869(b)(1)

       Pub. L. 116–283, § 2862(b)(1), substituted “of the real property conveyed by the Secretary concerned exceeds the fair market value of the real property, installation-support services, or facility or improvements received by the Secretary” for “of the land is less than the fair market value of the real property to be conveyed”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 116–283, § 2862(b)(1), substituted “of the real property, installation-support services, or facility or improvements to an existing facility” for “of the land to be” and “of the real property conveyed by the Secretary concerned exceeds the fair market value of the real property, installation-support services, or facility or improvements received by the Secretary” for “of the land is less than the fair market value of the real property to be conveyed”.

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) in the first sentence, by striking “of the land to be” and inserting “of the real property, installation-support services, or facility or improvements to an existing facility”; and (B) in the second sentence, by striking “of the land is less than the fair market value of the real property to be conveyed” and inserting “of the real property conveyed by the Secretary concerned exceeds the fair market value of the real property, installation-support services, or facility or improvements received by the Secretary”; and

26. 2021

    Military Construction Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 2862(b)(2) · 134 Stat. 3388

    Added · 10 U.S.C. § 2869(b)(3)

    Pub. L. 116–283, § 2862(b)(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 116–283, § 2862(b)(2), added par. (3).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(3) The Secretary concerned may agree to accept a facility or improvements to an existing facility under subsection (a)(3) only if the Secretary concerned determines that the facility or improvements— “(A) are completed and usable, fully functional, and ready for occupancy; “(B) satisfy all operational requirements; and “(C) meet all Federal, State, and local requirements applicable to the facility relating to health, safety, and the environment.” .

27. 2024

    Pub. L. 118–159 § 2851(b) · 138 Stat. 2269

    Substituted · 10 U.S.C. § 2869(a)(3)(A)(i)

    Pub. L. 118–159, § 2851(b), substituted “section 2679(f)” for “2679(e)”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A)(i). Pub. L. 118–159, § 2851(b), substituted “section 2679(f)” for “2679(e)”.

28. 2024

    Pub. L. 118–159 § 2851(a) · 138 Stat. 2269

    Substituted · 10 U.S.C. § 2869(a)(3)(C)

    Pub. L. 118–159, § 2851(a), substituted “eight-year period” for “five-year period”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(3)(C). Pub. L. 118–159, § 2851(a), substituted “eight-year period” for “five-year period”.

43 of 45 references resolved to an enrolled provision · 2 unresolved