§2668 — Title 10 Armed Forces | U.S. Code

Summary

A military department Secretary may give easements — rights to use parts of government land set aside for that branch or land the Secretary controls — if doing so won’t harm the public interest. The Secretary decides the terms. The easements can be for 13 kinds of uses, including railroad tracks; gas, water, sewer, and oil pipelines; power substations and pumping stations; canals, ditches, flumes, tunnels; dams and reservoirs for fish and wildlife work; roads and streets; power and communications poles and lines; signal transmission and relay structures; and any other use the Secretary approves. An easement must not take more land than needed. The Secretary can end an easement for breaking its terms, not using it for a two-year period, or abandoning it. Copies of the easement papers must go to the Secretary of the Interior. Any payments or in-kind items received for an easement are handled the same way as under subsections (c) and (e) of section 2667.

Title 10, §2668

Armed Forces — Source: USLM XML via OLRC

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terms as the Secretary considers advisable, easements for rights-of-way over, in, and upon public lands permanently withdrawn or reserved for the use of that department, and other lands under the Secretary’s control for—

(1)railroad tracks;

(2)gas, water, sewer, and oil pipe lines;

(3)substations for electric power transmission lines and pumping stations for gas, water, sewer, and oil pipe lines;

(4)canals;

(5)ditches;

(6)flumes;

(7)tunnels;

(8)dams and reservoirs in connection with fish and wildlife programs, fish hatcheries, and other improvements relating to fish-culture;

(9)roads and streets;

(10)poles and lines for the transmission or distribution of electric power;

(11)poles and lines for the transmission or distribution of communications signals (including telephone and telegraph signals);

(12)structures and facilities for the transmission, reception, and relay of such signals; and

(13)any other purpose that the Secretary considers advisable.

(b)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 for a two-year period; or

(3)abandonment.

(d)Copies of instruments granting easements over public lands under this section shall be furnished to the Secretary of the Interior.

(e)Subsections (c) and (e) of section 2667 of this title shall apply with respect to in-kind consideration and proceeds received by the Secretary of a military department in connection with an easement granted under this section in the same manner as such subsections apply to in-kind consideration and money rentals received pursuant to leases entered into by that Secretary under such section.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 2668(a) 2668(b)43:931b (less 2d and 3d provisos of 1st sentence, and less last sentence).43:931b (2d proviso of 1st sentence).July 24, 1946, ch. 596, § 7, 60 Stat. 643; Oct. 25, 1951, ch. 563, § 101 (31st through 43d words), 65 Stat. 641. 2668(c)43:931b (3d proviso of 1st sentence). 2668(d)43:931b (last sentence) [43:931b is made applicable to the Navy by 50:171–1 (16th through 21st words)]. In subsection (a), the word “conditions” is omitted as covered by the word “terms”. The description of the persons covered in the opening paragraph and the lands covered in clauses (1)–(10) is restated to reflect an opinion of the Judge Advocate General of the Army (JAGR 1952/3179, 27 Mar. 1952). The exceptions to clause (10) make express the fact that the revised section does not cover certain easements authorized by earlier law. The word “over” includes the word “across”. The words “of the United States”, “and empowered”, “acquired lands”, “jurisdiction and”, and “municipality” are omitted as surplusage. The word “Commonwealth” is inserted to reflect the present status of Puerto Rico. In subsection (b), the words “for the easement” are substituted for the words “for the purpose for which granted”. In subsections (b) and (c), the word “easement” is substituted for the word “rights-of-way”. In subsection (c), the word “terminate” is substituted for the words “annulled and forfeited”. The words “and conditions” are omitted as covered by the word “terms”. The words “two-year period” are substituted for the words “a period of two consecutive years”. The words “of rights granted under authority hereof” are omitted as surplusage.

Editorial Notes

Amendments

2008—Subsec. (e). Pub. L. 110–181 substituted “and (e)” for “and (d)”. 2006—Subsec. (a). Pub. L. 109–364, § 2822(a)(1), (b)(1), inserted heading and, in introductory provisions, substituted “the Secretary may” for “he may”, “the Secretary considers” for “he considers”, and “the Secretary’s control” for “his control, to a State, Commonwealth, or possession, or political subdivision thereof, or to a citizen, association, partnership, or corporation of a State, Commonwealth, or possession,”. Pub. L. 109–163 struck out “Territory,” after “a State,” in two places in introductory provisions. Subsec. (a)(2). Pub. L. 109–364, § 2822(a)(2), substituted “gas, water, sewer, and oil pipe lines” for “oil pipe lines”. Subsec. (a)(13). Pub. L. 109–364, § 2822(a)(3), substituted “the Secretary considers advisable” for “he considers advisable, except a purpose covered by section 2669 of this title”. Subsecs. (b) to (e). Pub. L. 109–364, § 2822(b)(2)–(5), inserted subsec. headings. 2003—Subsec. (e). Pub. L. 108–136 substituted “Subsections (c) and (d)” for “Subsection (d)” and “subsections apply to in-kind consideration and” for “subsection applies to” and inserted “in-kind consideration and” before “proceeds”. 2000—Subsec. (e). Pub. L. 106–398 added subsec. (e). 1996—Subsec. (a)(3). Pub. L. 104–201, § 2861(b)(1), struck out “, telephone lines, and telegraph lines,” after “transmission lines”. Subsec. (a)(9). Pub. L. 104–201, § 2861(a)(1), struck out “and” at end. Subsec. (a)(10) to (12). Pub. L. 104–201, § 2861(a)(3), added pars. (10) to (12). Former par. (10) redesignated (13). Subsec. (a)(13). Pub. L. 104–201, § 2861(a)(2), (b)(2), redesignated par. (10) as (13) and struck out “or by the Act of

March 4, 1911 (43 U.S.C. 961)” after “2669 of this title”. 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”.

§2668 Easements for Rights-of-way