§2691 — Title 10 Armed Forces | U.S. Code

Summary

Military department Secretaries can remove buildings or other changes and restore land that their department used under a permit if the permit requires it. They can pay for the work with operations-and-maintenance or military-construction funds. Before starting, unless law or the permit forbids it, the Secretary must check under the federal property rules in title 40 and title 41 (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) to see if another military department or federal agency wants to keep the land as it is. While checking, the Secretary may keep up repairs to the standards set by the General Services Administrator. As a permit condition, a military Secretary may require another federal agency to agree to remove improvements and restore the land, or the agency may, with the Secretary’s OK, pay the Secretary back for the costs. The Secretary of Defense can agree to repay a State for reasonable costs of fighting wildland fires caused by Defense activities under a lease or permit. If an accident by a DoD ship, plane, or vehicle damages land run by another federal agency, the Secretary of Defense may restore it with that agency’s consent. If an accident by a non‑DoD federal ship, plane, or vehicle damages DoD land, that agency head may restore it with DoD’s consent. Restoration must meet the rules of the agency that controls the land.

Title 10, §2691

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of the military department concerned may remove improvements and take any other action necessary in the judgment of the Secretary to restore land used by that military department by permit from another military department or Federal agency if the restoration is required by the permit making that land available to the military department. The Secretary concerned may carry out this section using funds available for operations and maintenance or for military construction.

(b)Unless otherwise prohibited by law or the terms of the permit, before restoration of any land under subsection (a) is begun, the Secretary concerned shall determine, under the provisions of subtitle I of title 40 and division C (except section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, whether another military department or Federal agency has a use for the land in its existing, improved state. During the period required to make such a determination, the Secretary may provide for maintenance and repair of improvements on the land to the standards established for excess property by the Administrator of General Services.

(c)(1)As a condition of any permit, license, or other grant of access entered into by the Secretary of a military department with another Federal agency authorizing the agency to use lands under the control of the Secretary, the Secretary may require the agency to agree to remove any improvements and to take any other action necessary in the judgment of the Secretary to restore the land used by the agency to its condition before its use by the agency.

(2)In lieu of performing any removal or restoration work under paragraph (1), a Federal agency may elect, with the consent of the Secretary, to reimburse the Secretary for the costs incurred by the military department in performing such removal or restoration work.

(d)The Secretary of Defense may, in any lease, permit, license, or other grant of access for use of lands owned by a State, agree to reimburse the State for the reasonable costs of the State in suppressing wildland fires caused by the activities of the Department of Defense under such lease, permit, license, or other grant of access.

(e)(1)When land under the administrative jurisdiction of a Federal agency that is not a part of the Department of Defense is damaged as the result of a mishap involving a vessel, aircraft, or vehicle of the Department of Defense, the Secretary of Defense may, with the consent of the Federal agency, restore the land.

(2)When land under the administrative jurisdiction of the Department of Defense or a military department is damaged as the result of a mishap involving a vessel, aircraft, or vehicle of a Federal agency that is not a part of the Department of Defense, the head of the Federal agency under whose control the vessel, aircraft, or vehicle was operating may, with the consent of the Department of Defense, restore the land.

(3)The authority under paragraphs (1) and (2) includes activities and expenditures necessary to complete restoration to meet the regulations of the Federal department or agency with administrative jurisdiction over the affected land, which may be different than the regulations of the Department of Defense.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Pub. L. 117–263 substituted “State” for “state” in section catchline. 2018—Pub. L. 115–232, § 1081(a)(27), substituted “state” for “State” in section catchline. Subsec. (e)(3). Pub. L. 115–232, § 353, added par. (3). 2017—Pub. L. 115–91, § 2814(b)(1), substituted “damaged by mishap; reimbursement of State costs of fighting wildland fires” for “lease” in section catchline. Subsec. (a). Pub. L. 115–91, § 2814(a)(1), (b)(2), inserted heading and struck out “or lease” after “permit” in two places. Subsec. (b). Pub. L. 115–91, § 2814(a)(2), (b)(3), inserted heading and struck out “or lease” after “permit”. Subsec. (c). Pub. L. 115–91, § 2814(b)(4), inserted heading. Subsec. (c)(1). Pub. L. 115–91, § 2814(a)(3), struck out “lease,” before “permit,”. Subsecs. (d), (e). Pub. L. 115–91, § 2814(a)(4), added subsecs. (d) and (e). 2011—Subsec. (b). Pub. L. 111–350 substituted “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 (41 U.S.C. 251 et seq.)”. 2002—Subsec. (b). 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.)”. 1998—Pub. L. 105–261, § 2812(b)(1), struck out “from other agencies” after “lease” in section catchline. Subsec. (c). Pub. L. 105–261, § 2812(a), added subsec. (c). 1985—Pub. L. 99–145 substituted “used by” for “used of” in section catchline.

§2691 Restoration of Land Used by Permit or Damaged by Mishap; Reimbursement of State Costs of Fighting Wildland Fires

Summary

Title 10, §2691

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata