PRIA, Government Policy, Made Personal

Summary

The Secretary of a military department may lease land, buildings, infrastructure, and improvements to a covered FFRDC for no charge if the lease helps carry out the Department of Defense contract with that FFRDC. Any lease must end on the earlier of two dates: 50 years after it starts or when the related DoD contract ends or is not renewed. The Secretary may also transfer ownership of buildings and improvements on leased land to the covered FFRDC for no charge. The Secretary will decide whether those buildings or any improvements made by the FFRDC return to the United States when the lease ends, and the FFRDC must demolish conveyed buildings if the Secretary requires it. Leases may allow commercial construction standards with proper force protection. Certain property-management and competitive procurement laws (including 10 U.S.C. 2667; 40 U.S.C. 1302; 42 U.S.C. 11411; 10 U.S.C. 2662 and 2802; chapter 33 of title 41; chapter 221 of title 10; and related FAR rules) do not apply to these transactions. Covered FFRDC means a federally funded research and development center sponsored by and under contract with the Department of Defense.

Title 10, §2669

Armed Forces, Source: USLM XML via OLRC

(a)Lease of Land, Facilities, and Improvements.—

(1)The Secretary of a military department may lease, for no consideration, land, facilities, infrastructure, and improvements to a covered FFRDC if the lease is to further the purposes of a contract between the Department of Defense and the covered FFRDC.

(2)A lease entered into under paragraph (1) shall terminate on the earlier of the following dates:

(A)The date that is 50 years after the date on which the Secretary enters into the lease.

(B)The date of the termination or non-renewal of the contract between the Department of Defense and the covered FFRDC related to the lease.

(b)Conveyance of Facilities and Improvements.—

(1)The Secretary of a military department may convey, for no consideration, ownership of facilities and improvements located on land leased to a covered FFRDC to further the purposes of a contract between the Department of Defense and the covered FFRDC.

(2)The ownership of any facilities and improvements conveyed by the Secretary of a military department or any improvements made to the leased land by the covered FFRDC under this subsection shall, as determined by the Secretary of a military department, revert or transfer to the United States upon the termination or non-renewal of the underlying land lease.

(3)Any facilities and improvements conveyed by the Secretary of a military department shall be demolished by the covered FFDRC as determined by such Secretary.

(c)Construction Standards.—

A lease entered into under this section may provide that any facilities constructed on the leased land may be constructed using commercial standards in a manner that provides force protection safeguards appropriate to the activities conducted in, and the location of, such facilities.

(d)Inapplicability of Certain Property Management Laws.—

(1)The conveyance or lease of property or facilities, improvements, and infrastructure under this section shall not be subject to the following provisions of law:

(A)section 2667 of this title.

(B)Section 1302 of title 40.

(C)section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).

(2)section 2662 and 2802 of this title shall not apply to any improvements or facilities constructed by the covered FFRDC on land leased or conveyed to a covered FFRDC described in subsection (a) or (b).

(e)Competitive Procedures for Selection of Certain Lessees; Exception.—

If a proposed lease under this section is with respect to a covered FFRDC, the use of competitive procedures for the selection of the lessee is not required and the provisions of chapter 33 of title 41, United States Code, or chapter 221 of title 10, United States Code, and the related provisions of the Federal Acquisition Regulation shall not apply.

(f)Covered FFRDC Defined.—

In this section, the term “covered FFRDC” means a federally funded research and development center that is sponsored by, and has entered into a contract with, the Department of Defense.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2269, act Aug. 10, 1956, ch. 1041, 70A Stat. 151; Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(f)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–418; Pub. L. 108–136, div. B, title XXVIII, § 2813(b), Nov. 24, 2003, 117 Stat. 1725; Pub. L. 109–163, div. A, title X, § 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440, related to easements for gas, water, and sewer pipe lines, prior to repeal by Pub. L. 109–364, div. B, title XXVIII, § 2822(c), Oct. 17, 2006, 120 Stat. 2475.

§2669 Transfer of Land and Facilities to Support Contracts with Federally Funded Research and Development Centers

Summary

Title 10, §2669

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata