powered", "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.

AMENDMENTS

1984-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".

CROSS REFERENCES

Easements for rights-of-way across lands purchased for river, harbor, and flood control improvements granted by Secretary of the Army, see section 558c of Title 33, Navigation and Navigable Waters.

Rights of way and other easements in public lands, see section 931 et seq. of Title 43, Public Lands.

§ 2669. Easements for rights-of-way: gas, water, sewer pipe lines

(a) If the Secretary of a military department finds that it will be in the public interest and will not substantially injure the interest of the United States in the property affected, he may grant, upon such terms as he considers advisable, easements for rights-of-way over, in, and upon public lands permanently withdrawn or reserved for the use of that department, and other lands under his control, for gas, water, and sewer pipe lines, to a State, Territory, Commonwealth, or possession, or political subdivision thereof, or to a citizen, association, partnership, or corporation of a State, Territory, Commonwealth, or possession.

(b) No easement granted under this section may include more land than is necessary for the easement.

(c) 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; or

(3) abandonment.

(d) The Secretary concerned shall include in his annual report to the President a complete statement of each easement granted under this section, including the name and address of the grantee, the purpose of the grant, and the benefits accruing to the United States or to the public.

(Aug. 10, 1956, ch. 1041, 70A Stat. 151.)

Section 101 of the Act of October 25, 1951, cited above, makes the Act of May 17, 1926, cited above, applicable to the Navy.

In subsection (a), the word "conditions" is omitted as covered by the word "terms". The descriptions of the lands and persons covered are restated to reflect an opinion of the Judge Advocate General of the Army (JAGR 1952/3179, 27 Mar. 52). The words "and empowered", "of the United States", "across", and "military reservations and other" are omitted as surplusage. The word "Commonwealth" is inserted to reflect the present status of Puerto Rico.

Subsection (b) is inserted for clarity and is based on the above cited opinion.

In subsection (c), the words "any easement" are substituted for the words "such rights-of-way". 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 "of rights granted under the authority hereof" are omitted as surplusage.

In subsection (d), the words "a complete statement of each easement" are substituted for the words "a full and complete statement of each and all easements".

CROSS REFERENCES

Easements for purpose under this section as exception to Secretary of military department's power to grant for other purposes, see section 2668 of this title. Easements for rights-of-way across lands purchased for river, harbor and flood control improvements granted by Secretary of the Army, see section 558c of Title 33, Navigation and Navigable Waters.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2668 of this title.

§ 2670. Licenses: military installations; erection and use of buildings; American National Red Cross Under such conditions as he may prescribe, the Secretary of any military department may issue a revocable license to the American National Red Cross to

(1) erect and maintain, on any military installation under his jurisdiction, buildings for the storage of supplies; or

(2) use, for the storage of supplies, buildings erected by the United States.

Supplies stored in buildings erected or used under this section are available to aid the civilian population in a serious national disaster.

(Aug. 10, 1956, ch. 1041, 70A Stat. 151.)

§ 2671. Military‹ reservations and facilities: hunting, fishing, and trapping

(a) The Secretary of Defense shall, with respect to each military installation or facility under the jurisdiction of any military department in a State or Territory—

(1) require that all hunting, fishing, and trapping at that installation or facility be in accordance with the fish and game laws of the State or Territory in which it is located; (2) require that an appropriate license for hunting, fishing, or trapping on that installation or facility be obtained, except that with respect to members of the Armed Forces, such a license may be required only if the State or Territory authorizes the issuance of a license to a member on active duty for a period of more than thirty days at an installation or facility within that State or Territory, without regard to residence requirements, and upon terms otherwise not less favorable than the terms upon which such a license is issued to residents of that State or Territory; and

(3) develop, subject to safety requirements and military security, and in cooperation with the Governor (or his designee) of the State or Territory in which the installation or facility is located, procedures under which designated fish and game or conservation officials of that State or Territory may, at such time and under such conditions as may be agreed upon, have full access to that installation or facility to effect measures for the management, conservation, and harvesting of fish and game re

sources.

(b) The Secretary of Defense shall prescribe regulations to carry out this section.

(c) Whoever is guilty of an act or omission which violates a requirement prescribed under subsection (a)(1) or (2), which act or omission would be punishable if committed or omitted within the jurisdiction of the State or Territory in which the installation or facility is located, by the laws thereof in effect at the time of that act or omission, is guilty of a like offense and is subject to a like punishment.

(d) This section does not modify any rights granted by the treaty or otherwise to any Indian tribe or to the members thereof.

(Added Pub. L. 85-337, § 4(1), Feb. 28, 1958, 72 Stat. 29.)

§ 2672. Acquisition: interests in land when cost is not more than $200,000

(a)(1) The Secretary of a military department may acquire any interest in land that

(A) the Secretary determines is needed in the interest of national defense; and

(B) does not cost more than $200,000, exclu sive of administrative costs and the amounts of any deficiency judgments.

(2) This section does not apply to the acquisi tion, as a part of the same project, of more than one parcel of land unless the parcels are noncontiguous, or, if contiguous, unless the total cost is not more than $200,000.

(b) The authority to acquire an interest in land under this section includes authority to make surveys and acquire interests in land (including temporary use), by gift, purchase, exchange of land owned by the United States, or otherwise.

(Added 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.)

1988-Subsec. (a)(1). Pub. L. 100-456, § 2804(1), substituted "The" for "Subject to subsection (b), the". Subsecs. (b), (c). Pub. L. 100-456, § 2804(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "The Secretary of a military department may not enter into a contract under this section for the acquisition of any interest in land the cost of which exceeds $100,000 unless

(1) the Secretary has notified the appropriate committees of Congress of his intent to acquire such interest, the cost of the interest, and the reasons for acquiring the interest; and

"(2) a period of 21 days has elapsed from the date the notification is received by the committees."

1986-Pub. L. 99-661 substituted "interests" for "interest" in section catchline, designated first sentence of subsec. (a) as par. (1) and, in subpar. (A) of par. (1) as so designated, substituted "the Secretary" for "he or his designate", designated second sentence of subsec. (a) as par. (2), and designated third sentence of subsec. (a) as subsec. (c).

1985-Pub. L. 99-167 substituted "interest in land when cost is not more than $200,000" for "interests in land when cost is not more than $100,000" in section catchline and, in text, designated existing provisions as subsec. (a), and in subsec. (a) as so designated, substituted "Subject to subsection (b), the" for "The", redesignated cls. (1) and (2) as (A) and (B), substituted "$200,000" for "$100,000" in two places, and added subsec. (b).

1980-Pub. L. 96-418 substituted "$100,000" for "$50,000" in section catchline and in text.

1971-Pub. L. 92-145 substituted "$50,000" for "$25,000" in section catchline and in two places in text, and included in the acquisition authority, the authority to make surveys and acquire interests in land (including temporary use) by gift, purchase, exchange of land owned by the United States, or otherwise, respectively.

1962-Pub. L. 87-651 substituted "$25,000" for "$5,000" in section catchline and in two places in text. and "he or his designee determines is needed" for "he determines is urgently needed" in cl. (1).

EFFECTIVE DATE OF 1988 Amendment Amendment by Pub. L. 100-456 effective Oct. 1, 1988, see section 2702 of Pub. L. 100-456, set out as a note under section 2391 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2673 of this title.

§ 2672a. Acquisition: interests in land when need is urgent

(a) The Secretary of a military department may acquire any interest in land that

(1) he or his designee determines is needed in the interest of national defense;

(2) is required to maintain the operational integrity of a military installation; and

(3) considerations of urgency do not permit the delay necessary to include the required acquisition in an annual Military Construction Authorization Act.

(b) Appropriations available for military construction may be used for the purposes of this section. The authority to acquire an interest in land under this section includes authority to make surveys and acquire interests in land (including temporary use), by gift, purchase, exchange of land owned by the United States, or otherwise. The Secretary of a military department contemplating action under this section shall provide notice, in writing, to the Committees on Armed Services of the Senate and House of Representatives at least 30 days in advance of any action being taken.

(Added 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.)

AMENDMENTS

1984-Subsec. (a). Pub. L. 98-525, § 1405(39)(A), (B), designated first sentence as subsec. (a) and substituted in par. (2) thereof "operational" for "operation". Subsec. (b). Pub. L. 98-525, § 1405(39)(C), (D), designated second sentence as subsec. (b) and substituted "this section shall" for "this provision will" and "Committees on Armed Services" for "Armed Services Committees".

CHANGE OF NAME

Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

§ 2673. Acquisition of certain interests in land: availability of funds

Appropriations available to the Department of Defense for maintenance or construction may be used for the acquisition of land or interests in land under section 2672 of this title and for the acquisition of interests in land under section 2675 of this title.

(Added Pub. L. 100-370, § 1(7)(1), July 19, 1988, 102 Stat. 849.)

HISTORICAL AND REVISION NOTES

This section and section 2828(h) of this title are based on Pub. L. 98-212, title VII, § 707, Dec. 8, 1983, 97 Stat. 1438.

PRIOR PROVISIONS

A prior section 2673, added Pub. L. 85-861, § 1(51), Sept. 2, 1958, 72 Stat. 1459, related to restoration or replacement of facilities damaged or destroyed, prior to repeal by Pub. L. 97-214, § 7(1), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See section 2854 of this title.

§ 2674. Operation and control of the Pentagon Reservation

(a)(1) Jurisdiction, custody, and control over, and responsibility for, the operation, maintenance, and management of the Pentagon Reservation is transferred to the Secretary of Defense.

(2) Before March 1 of each year, the Secretary of Defense shall transmit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Public Works and Transportation of the House of Representatives a report on the state of the renovation of the Pentagon Reservation and a plan for the renovation work to be conducted in the fiscal year beginning in the year in which the report is transmitted.

(b) The Secretary may appoint military or civilian personnel or contract personnel to perform law enforcement and security functions for property occupied by, or under the jurisdiction, custody, and control of the Department of Defense, and located at the Pentagon Reservation. Such individuals—

(1) may be armed with appropriate firearms required for personal safety and for the proper execution of their duties, whether on

1990-Pub. L. 101-510 struck out "(a)" before "The Secretary" and struck out subsec. (b) which read as follows: "A lease may not be entered into under this section for structures or related real property in any foreign country if the average estimated annual rental during the term of the lease if more than $250,000 until after the expiration of 30 days from the date upon which a report of the facts concerning the proposed lease is submitted to the Committees on Armed Services of the Senate and House of Representatives." 1984-Subsec. (b). Pub. L. 98-525 substituted "30" for "thirty".

1982-Subsec. (a). Pub. L. 97-214, § 8(a), substituted provisions that the Secretary of a military department may acquire by lease in foreign countries, structures and real property needed for military purposes other than for military family housing for up to a period of five years with the rental to be paid from funds appropriated to that military department for that year, for former provisions that had allowed such leases including leases for military family housing and in the latter case for a period of up to 10 years.

Subsec. (b). Pub. L. 97-214, § 8(b), struck out “or any other provision of law" after “into under this section", and", family housing facilities," after "for structures".

Subsecs. (c), (d). Pub. L. 97-214, § 8(c), struck out subsec. (c) which provided that a statement in a lease that the requirements of this section have been met, or that the lease is not subject to this section is conclusive, and subsec. (d) which related to limitations on expenditures for the rental of family housing in foreign countries and limitations on the number of family housing units which may be leased in a foreign country at any one time.

1981-Subsec. (d)(1). Pub. L. 97-99, § 604(1), substituted "250" for "150".

Subsec. (d)(2). Pub. L. 97-99, § 604(2), substituted "22,000" for "17,000".

1980-Subsec. (d)(1). Pub. L. 96-418 substituted "Expenditures for the rental of family housing in foreign countries (including the cost of utilities and maintenance and operation) may not exceed $1,115 per month for any unit" for "The average unit rental for Department of Defense family housing acquired by lease in foreign countries may not exceed $550 per month for the Department, and in no event shall the rental for any one unit exceed $970 per month, including the costs of operation, maintenance, and utilities". 1979-Subsec. (d)(1). Pub. L. 96-125, § 502(b)(1), substituted "$550" for "$485" and "$970” for "$850".

Subsec. (d)(2). Pub. L. 96-125, § 502(b)(2), substituted "17,000" for "18,000".

1978-Subsec. (d)(1). Pub. L. 95-356, § 503(b)(1), substituted "$485" for "$435" and "$850” for “$760".

Subsec. (d)(2). Pub. L. 95-356, § 503(b)(2), substituted "18,000" for "15,000".

1977-Subsec. (a). Pub. L. 95-82, § 505(a)(1), inserted provisions relating to military family housing facilities and real property related thereto.

Subsec. (b). Pub. L. 95-82, § 505(a)(2), inserted "or any other provision of law for structures, family housing facilities, or related real property in any foreign country," after "section".

Subsec. (d). Pub. L. 95-82, § 505(a)(3), added subsec. (d).

1975-Pub. L. 94-107 struck out reference to structures not on a military base in section catchline, and

struck out "that are not located on a military base and" after "structures and real property relating thereto" in subsec. (a).

1970-Pub. L. 91-511 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

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 housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97-214, set out as an Effective Date note under section 2801 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 608 of Pub. L. 96-418 provided that: "Titles I, II, III, IV, and V [enacting section 2775 of this title and section 1594h-3 of Title 42, The Public Health and Welfare, amending this section, section 2686 of this title, and sections 1594a-1 and 1594h-2 of Title 42, and repealing provisions set out as a note under section 4593 of this title] shall take effect on October 1, 1980."

EFFECTIVE DATE OF 1977 Amendment

Section 505(c) of Pub. L. 95-82 provided that: "The amendments made by subsection (a) (amending this section] and the repeal made by subsection (b) [repealing section 507(b) of Pub. L. 93-166, which was not classified to the Code] shall take effect October 1, 1977."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2673 of this title.

§ 2676. Acquisition: limitation

(a) 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 Administrator of General Services to acquire property by the exchange of Government property pursuant to the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.).

(b) Authority provided the Secretary of a military department by law to acquire an interest in real property (including a temporary interest) includes authority—

(1) to make surveys; and

(2) to acquire the interest in real property by gift, purchase, exchange of real property owned by the United States, or otherwise.

(c)(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 appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum 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 unusual variations in cost, and (B) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress.

(2) 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