10 U.S.C. § 2691: Restoration of land used by…

Summary

The head of the military department involved may remove buildings or fix up land that the military used under a permit if the permit requires it. That work can be paid for with operations and maintenance money or military construction funds. Before starting, and unless the law or permit says otherwise, the military must check 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) to see if another military branch or federal agency wants the land kept as it is. While checking, the military can maintain the improvements to General Services standards. When a federal agency uses Department of Defense land, the military can make the agency agree to restore the land or pay to have it restored. The Department of Defense can also agree to pay a State back for reasonable costs if DoD activities start wildland fires on State land. If a DoD vehicle, plane, or ship damages non-DoD land (or a non-DoD vehicle, plane, or ship damages DoD land), the responsible Secretary or agency head may, with consent, restore the land to meet the rules of the agency that manages it.

Title 10, §2691

Armed Forces, Source: USLM XML via OLRC

(a)Restoration of Other Agency Land Used by Permit.—

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)Screening for Use of Improved Land.— (c) Restoration of Department of Defense Land Used by Other Agency.—

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.

(d)Wildland Fires on State Land.— (e) Restoration of Land Damaged by Mishap.—

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.

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