10 U.S.C. § 2869
1See References in Text note below.
10 U.S.C. § 2869
REFERENCES IN TEXT The reference to "2679(e) of this title", referred to in subsec. (a)(3)(A)(i), probably should be to "section 2679(f) of this title". Subsec. (e) of section 2679 of this title was redesignated as subsec. (f) by Pub. L. 116-283, div. B, title XXVIII, §2861(a)(1), Jan. 1, 2021, 134 Stat. 4356. Section 2684a(d) of this title, referred to in subsec. (d)(2)(A)(iii), was redesignated section 2684a(e) of this title by Pub. L. 118-31, div. A, title III, §314(1), Dec. 22, 2023, 137 Stat. 216.
EDITORIAL NOTES
AMENDMENTS2021-Subsec. (a)(3). Pub. L. 116-283, §2862(a), added par. (3).Subsec. (b)(1). Pub. L. 116-283, §2862(b)(1), substituted "of the real property, installation-support services, or facility or improvements to an existing facility" for "of the land to be" and "of the real property conveyed by the Secretary concerned exceeds the fair market value of the real property, installation-support services, or facility or improvements received by the Secretary" for "of the land is less than the fair market value of the real property to be conveyed". Subsec. (b)(3). Pub. L. 116-283, §2862(b)(2), added par. (3).2017-Subsec. (a)(2). Pub. L. 115-91, §2815, amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned that-"(A) is located on a military installation that is closed or realigned under a base closure law; or"(B) is located on a military installation not covered by subparagraph (A) and is determined to be excess to the needs of the Department of Defense."Subsec. (b). Pub. L. 115-91, §2816, amended subsec. (b) generally. Prior to amendment, text read as follows: "The fair market value of the land to be obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the land is less than the fair market value of the real property to be conveyed, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values."Subsec. (d)(3). Pub. L. 115-91, §2801(c)(6), substituted "after the end of the 14-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title." for "after a period of 21 days has elapsed from the date of receipt of the notice or, if over sooner, a period of 14 days has elapsed from the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title." and "only after the end of the 45-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title." for "only after a period of 60 days has elapsed from the date of receipt of the notice or, if over sooner, a period of 45 days has elapsed from the date on which the electronic copy is provided."2013-Subsec. (a)(1). Pub. L. 112-239 substituted "any person" for "any eligible entity", "the person" for "the entity", and "the person's control" for "their control". 2011- Pub. L. 112-81, §2815(a)(1), substituted "Exchange of property at military installations" for "Conveyance of property at military installations to limit encroachment" in section catchline. Subsec. (a). Pub. L. 112-81, §2815(a)(2)(A), substituted "Exchange Authorized" for "Conveyance Authorized; Consideration" in heading.Subsec. (a)(1). Pub. L. 112-81, §2815(a)(2)(B), substituted "to any eligible entity who agrees, in exchange for the real property, to transfer to the United States all right, title, and interest of the entity in and to a parcel of real property, including any improvements thereon under their control, or to carry out a land acquisition" for "to any person who agrees, in exchange for the real property, to carry out a land acquisition".Subsecs. (f) to (h). Pub. L. 112-81, §2815(b), redesignated subsecs. (g) and (h) as (f) and (g), respectively, and struck out former subsec. (f), which provided that authority to enter into an agreement under this section would expire on September 30, 2013. 2009- Pub. L. 111-84, §2804(d)(1), amended section catchline generally. Prior to amendment, catchline read as follows: "Conveyance of property at military installations to support military construction or limit encroachment".Subsec. (a)(1). Pub. L. 111-84, §2804(a)(1)(A), struck out subpar. (A) designation before "to carry out", substituted "real property," for "real property-", " to carry out a land acquisition" for "to carry out a military construction project or land acquisition", and a period for ";or", and struck out subpar. (B) which read as follows: "to transfer to the Secretary concerned housing that is constructed or provided by the person and located at or near a military installation at which there is a shortage of suitable military family housing, military unaccompanied housing, or both."Subsec. (a)(3). Pub. L. 111-84, §2804(a)(1)(B), struck out par. (3) which read as follows: "Subparagraph (B) of paragraph (2) shall apply only during the period beginning on the date of the enactment of the John Warner National Defense Authorization Act for Fiscal Year 2007 and ending on September 30, 2008. Any conveyance of real property described in such subparagraph for which the Secretary concerned has provided the advance public notice required by subsection (d)(1) before the expiration date may be completed after that date."Subsec. (b). Pub. L. 111-84, §2804(a)(2), substituted "fair market value of the land" for "fair market value of the military construction, military family housing, or military unaccompanied housing" in two places. Subsec. (c). Pub. L. 111-84, §2804(a)(3), added subsec. (c) and struck out former subsec. (c) which related to pilot program for use of conveyance authority.Subsec. (d)(2)(A)(ii), (iii). Pub. L. 111-84, §2804(a)(4), substituted "land acquisition" for "military construction project, land acquisition, military family housing, or military unaccompanied housing".Subsec. (e). Pub. L. 111-84, §2804(b), designated par. (3) as entire subsec., substituted "The Secretary concerned shall deposit funds received under subsection (b) in the appropriation 'Foreign Currency Fluctuations, Construction, Defense'. The funds deposited shall be available" for "The funds deposited under paragraph (2) shall be available", and struck out pars. (1) and (2), which read as follows:"(1) Except as provided in paragraph (2), the Secretary concerned may deposit funds received under subsection (b) in the Department of Defense housing funds established under section 2883(a) of this title."(2) During the period specified in paragraph (3) of subsection (a), the Secretary concerned shall deposit funds received under subsection (b) in the appropriation 'Foreign Currency Fluctuations, Construction, Defense'."Subsec. (f). Pub. L. 111-84, §2804(c), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to annual reports on conveyances and effect of failure to submit report.2006- Pub. L. 109-364, §2811(f)(1), substituted "to support military construction or limit encroachment" for "closed or realigned to support military construction" in section catchline.Subsec. (a). Pub. L. 109-364, §2811(a), (b), designated existing provisions as par. (1), in introductory provisions substituted "described in paragraph (2)" for "located on a military installation that is closed or realigned under a base closure law", redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, in subpar. (A) substituted "land acquisition, including the acquisition of all right, title, and interest or a lesser interest in real property under an agreement entered into under section 2684a of this title to limit encroachments and other constraints on military training, testing, and operations" for "land acquisition", and added pars. (2) and (3).Subsec. (d)(1). Pub. L. 109-364, §2811(c)(1), substituted "is proposed for conveyance" for "closed or realigned under the base closure laws is to be conveyed". Subsec. (d)(2), (3). Pub. L. 109-364, §2811(c)(2), added pars. (2) and (3) and struck out former par. (2) which read as follows: "The Secretary concerned may not enter into an agreement under subsection (a) for the conveyance of real property until-"(A) the Secretary submits to Congress notice of the conveyance, including the military construction activities, military family housing, or military unaccompanied housing to be obtained in exchange for the conveyance; and "(B) a period of 14 days expires beginning on the date on which the notice is submitted."Subsec. (e). Pub. L. 109-364, §2811(d), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "The Secretary concerned may deposit funds received under subsection (b) in the Department of Defense housing funds established under section 2883(a) of this title."Subsec. (f). Pub. L. 109-364, §2811(e), in heading substituted "Annual Reports; Effect of Failure to Submit" for "Annual Report", designated existing provisions as par. (1), in introductory provisions substituted "Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report detailing the following:" for "In the budget materials submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31, the Secretary of Defense shall include a report detailing the following:", redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, in subpar. (C) inserted "and of excess real property at military installations" before period at end, and added par. (2).
STATUTORY NOTES AND RELATED SUBSIDIARIES
ISSUANCE OF GUIDANCE Pub. L. 116-283, div. B, title XXVIII, §2862(c), Jan. 1, 2021, 134 Stat. 4358, provided that: "Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall issue guidance providing for the implementation of the pilot program required by section 2869(a)(3) of title 10, United States Code, as added by this section."
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- base closure law
- The term "base closure law" means the following:(A) Section 2687 of this title.(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).(C) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.