§2697 — Title 10 Armed Forces | U.S. Code

Summary

Military department heads may charge landing fees to civilian aircraft that use military airfields they control and may use the money to operate and maintain those airfields. The Secretary of Defense sets the fee amount and makes it the same for all the military departments. Fees collected in a fiscal year must be added to that airfield’s operation and maintenance budget for the same fiscal year and used for the same purposes. The military department head must check if a lease, license, or other property agreement already included payment for landing and reduce the fee by that amount.

Title 10, §2697

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of a military department may impose landing fees for the use by civil aircraft of military airfields under the jurisdiction of that Secretary and may use any fees received under this section as a source of funding for the operation and maintenance of airfields of that department.

(b)The Secretary of Defense shall prescribe the amount of the landing fees that may be imposed under this section. Such fees shall be uniform among the military departments.

(c)Amounts received for a fiscal year in payment of landing fees imposed under this section for the use of a military airfield shall be credited to the appropriation that is available for that fiscal year for the operation and maintenance of that military airfield, shall be merged with amounts in the appropriation to which credited, and shall be available for that military airfield for the same period and purposes as the appropriation is available.

(d)The Secretary of a military department shall determine whether consideration for a landing fee has been received in a lease, license, or other real estate agreement for an airfield and shall use such a determination to offset appropriate amounts imposed under subsection (a) for that airfield.

Notes & Related Subsidiaries

Amendment of Section Pub. L. 118–159, div. B, title XXVIII, § 2846(b), Dec. 23, 2024, 138 Stat. 2264, provided that, effective Oct. 1, 2027, this section is amended in the section catchline and subsec. (a) by inserting “domestic” before “military airfields”. See 2024 Amendment notes below.

Editorial Notes

Amendments

2024—Pub. L. 118–159, § 2846(b)(1), inserted “domestic” before “military airfields” in section catchline. Pub. L. 118–159, § 2846(a)(1), struck out “domestic” before “military airfields” in section catchline. Subsec. (a). Pub. L. 118–159, § 2846(b)(2), inserted “domestic” before “military airfields”. Pub. L. 118–159, § 2846(a)(2), struck out “domestic” before “military airfields”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2024 Amendment Pub. L. 118–159, div. B, title XXVIII, § 2846(b), Dec. 23, 2024, 138 Stat. 2264, provided that the amendment made by section 2846(b) is effective Oct. 1, 2027.

§2697 Acceptance and Use of Landing Fees Charged for Use of Military Airfields by Civil Aircraft