§2664 — Title 10 Armed Forces | U.S. Code

Summary

Military departments must not buy land that the United States does not already own unless a law lets them. They can, however, accept land that the General Services Administrator got by exchanging government property under subtitle I of title 40 and division C of subtitle I of title 41 (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711). When buying land with Department of Defense money, the commission paid on the purchase cannot be more than 2% of the price. The cost of a land purchase can be raised only up to the smaller of (a) 25% of the amount Congress approved or (b) 200% of the legal maximum for a minor military construction project, and only if the Secretary says the extra money is needed for unusual, unforeseeable cost changes. A project cannot go to contract if the approved scope would be cut by more than 25% or if the land price would exceed the approved funds by more than 25% or by 200% of the minor-construction cap, whichever is less, unless the Secretary approves and sends a written notice with reasons to the congressional defense committees. After those committees get the notice electronically under section 480, the contract can only be awarded after 14 days. The Secretary must promptly pay any court judgment or settlement for taking land, using military construction funds, and those payments are not limited by the cost or approval rules above.

Title 10, §2664

Armed Forces — Source: USLM XML via OLRC

(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 subtitle I of title 40 and division C (except section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(b)The maximum amount payable as a commission on a contract for the purchase of land from funds appropriated for the Department of Defense is two percent of the purchase price.

(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)Until subsection (d) is complied with, 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 acquired by condemnation, the amount to be deposited with the court as just compensation for the land—

(A)the scope of the acquisition, as approved by Congress, is proposed to be reduced by more than 25 percent; or

(B)the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land, exceeds the amount appropriated for the project by more than (i) 25 percent, or (ii) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser.

(d)The limitations on reduction in scope or increase in cost of a land acquisition in subsection (c) do not apply if the reduction in scope or the increase in cost, as the case may be, is approved by the Secretary concerned and a notification of the facts relating to the proposed reduced scope or increased cost (including a statement of the reasons therefor) is submitted by the Secretary concerned to the congressional defense committees. A contract for the acquisition may then be awarded only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to section 480 of this title.

(e)The Secretary concerned shall promptly pay any deficiency judgment against the United States awarded by a court in an action for condemnation of any interest in land or resulting from a final settlement of an action for condemnation of any interest in land. Payments under this subsection may be made from funds available to the Secretary concerned for military construction projects and without regard to the limitations of subsections (c) and (d).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 2676[Uncodified].July 27, 1954, ch. 579, § 501(b) (less provisos), 68 Stat. 560. The word “property” is substituted for the word “estate”. The words “not owned by the United States” are substituted for the words “not in Federal ownership”. The words “or shall be” are omitted as surplusage.

Editorial Notes

Codification The text of section 2661(c) of this title, which was transferred to this section and redesignated subsec. (b) by Pub. L. 109–163, § 2821(d), was based on Pub. L. 108–375, div. B, title XXVIII, § 2821(a)(1), Oct. 28, 2004, 118 Stat. 2129.

Prior Provisions

A prior section 2664, acts Aug. 10, 1956, ch. 1041, 70A Stat. 148; Pub. L. 85–861, § 33(a)(15), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 96–513, title V, § 511(90), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 97–31, § 12(3)(A), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97–295, § 1(32), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 100–26, § 7(d)(6), Apr. 21, 1987, 101 Stat. 281, related to acquisition of property for lumber production, prior to repeal by Pub. L. 108–375, div. B, title XXVIII, § 2821(b), Oct. 28, 2004, 118 Stat. 2129.

Amendments

2017—Subsec. (d). Pub. L. 115–91 struck out “written” before “notification of the facts” and “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided” before “in an electronic medium” and substituted “the end of the 14-day period beginning on” for “a period of 21 days elapses from”. 2011—Subsec. (a). Pub. L. 111–350, which directed substitution “division C (except section 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, as amended (41 U.S.C. 251 et seq.)”, was executed by making the substitution for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” to reflect the probable intent of Congress. 2006—Pub. L. 109–163, § 2821(c), renumbered section 2676 of this title as this section and substituted “Limitations on real property acquisition” for “Acquisition: limitation” in section catchline. Subsec. (a). Pub. L. 109–163, § 2821(b)(1), inserted heading and struck out “, as amended” after “Federal Property and Administrative Services Act of 1949” in text. Subsec. (b). Pub. L. 109–163, § 2821(d), redesignated subsec. (c) of section 2661 of this title as subsec. (b) of this section. Pub. L. 109–163, § 2821(a)(10), transferred subsec. (b) to section 2663 of this title. Subsec. (c). Pub. L. 109–163, § 2821(b)(2)(A), inserted heading. Subsec. (c)(2). Pub. L. 109–163, § 2821(b)(2)(B), substituted “Until subsection (d) is complied with, a land” for “A land” in introductory provisions and “lesser.” for “lesser,” in subpar. (B) and struck out concluding provisions which read “until subsection (d) is complied with.” Subsec. (d). Pub. L. 109–163, § 2821(b)(3), inserted heading. Subsec. (e). Pub. L. 109–163, § 2821(b)(4), inserted heading. 2004—Subsec. (d). Pub. L. 108–375 substituted “congressional defense committees” for “appropriate committees of Congress”. 2003—Subsec. (d). Pub. L. 108–136 inserted before period at end “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided in an electronic medium pursuant to section 480 of this title”. 2002—Subsec. (a). Pub. L. 107–314 inserted opening parenthesis before “41 U.S.C.”. 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.)”. 1991—Subsec. (d). Pub. L. 102–190 struck out “(1)” after “be awarded only” and “, or (2) upon the approval of those committees, if before the end of that period each such committee approves the proposed reduced scope or increased cost” before period at end. 1986—Subsec. (c)(2)(B). Pub. L. 99–661 amended generally language of subpar. (B) before “exceeds the amount”. See 1984 Amendment note below. 1984—Subsec. (c)(2). Pub. L. 98–407, § 802(1), inserted “or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land” in provisions preceding subpar. (A). Subsec. (c)(2)(B). Pub. L. 98–407, § 802(2), inserted “or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land,”. Insertion of new language following “the agreed price for the land” was executed to text notwithstanding directory language of Pub. L. 98–407 that made a reference to a nonexistent comma following “the agreed price for the land”. See 1986 Amendment note above. Subsec. (e). Pub. L. 98–407, § 802(3), added subsec. (e). 1982—Pub. L. 97–214 designated existing provisions as subsec. (a) and added subsecs. (b) to (d). 1973—Pub. L. 93–166 made limitation inapplicable to property acquired under authority of Administrator of General Services to acquire property by exchange of Government property.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 Amendment Pub. L. 99–661, div. A, title XIII, § 1343(a)(17)(B), Nov. 14, 1986, 100 Stat. 3993, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 802(2) of the Military

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Authorization Act, 1985 (Public Law 98–407; 98 Stat. 1519) [amending this section].”

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military

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projects, and to

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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.

§2664 Limitations on real property acquisition

Summary

Title 10, §2664

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Construction

Effective Date

Construction

Construction

Effective Date

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