10 USC 2662 - Real property transactions: reports to congressional committees

U.S Code last checked for updates: Nov 22, 2024

§ 2662.

Real property transactions: reports to congressional committees

(a)

General Notice and Wait Requirements.—

(1)

The Secretary of a military department or, with respect to a Defense Agency, the Secretary of Defense may not enter into any of the following listed transactions by or for the use of that department until the Secretary concerned submits a report, subject to paragraph (3), to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives:

(A)

An acquisition of fee title to any real property, if the estimated price is more than $750,000.

(B)

A lease of any real property to the United States, if the estimated annual rental is more than $750,000.

(C)

A lease, license, or easement of real property owned by the United States (other than a lease or license entered into under section 2667(g) of this title), if the estimated annual fair market rental value of the property is more than $750,000.

(D)

A transfer of real property owned by the United States to another Federal agency or another military department or to a State, if the estimated value is more than $750,000.

(E)

A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $750,000.

(F)

Any termination or modification by either the grantor or grantee of an existing license or permit of real property owned by the United States to a military department, under which substantial investments have been or are proposed to be made in connection with the use of the property by the military department.

(G)

Any transaction or contract action that results in, or includes, the acquisition or use by, or the lease or license to, the United States of real property, if the estimated annual rental or cost for the use of the real property is more than $750,000.

(H)

Any transaction or contract action for the provision and operation of energy production facilities on real property under the jurisdiction of the Secretary of a military department, as authorized by section 2922a(a)(2) of this title, if the term of the transaction or contract exceeds 20 years.

(2)

If a transaction covered by subparagraph (A) or (B) of paragraph (1) is part of a project, the report shall include a summary of the general plan for that project, including an estimate of the total cost of the lands to be acquired or leases to be made, as well as the certification described in paragraph (5). The report required by this subsection concerning any report of excess real property described in subparagraph (E) of paragraph (1) shall contain a certification by the Secretary concerned that he has considered the feasibility of exchanging such property for other real property authorized to be acquired for military purposes and has determined that the property proposed to be declared excess is not suitable for such purpose.

(3)

The authority of the Secretary concerned to enter into a transaction described in paragraph (1) commences only after the end of the 14-day period beginning on the first day of the first month beginning on or after the date on which the report containing the facts concerning such transaction, and all other such proposed transactions for that month, is provided in an electronic medium pursuant to section 480 of this title.

(4)

The report for a month under this subsection may not be submitted later than the first day of that month.

(5)

For purposes of paragraph (2), the certification described in this paragraph with respect to an acquisition or lease of real property is a certification that the Secretary concerned—

(A)

evaluated the feasibility of using space in property under the jurisdiction of the Department of Defense to satisfy the purposes of the acquisition or lease; and

(B)

determined that—

(i)

space in property under the jurisdiction of the Department of Defense is not reasonably available to be used to satisfy the purposes of the acquisition or lease;

(ii)

acquiring the property or entering into the lease would be more cost-effective than the use of the Department of Defense property; or

(iii)

the use of the Department of Defense property would interfere with the ongoing military mission of the property.

(b)

Additional Reporting Requirements Regarding Leases of Real Property Owned by the United States.—

(1)

In the case of a proposed lease, license, or easement of real property owned by the United States covered by paragraph (1)(C) of subsection (a), the Secretary concerned shall comply with the notice-and-wait requirements of paragraph (3) of such subsection before—

(A)

issuing a contract solicitation or other lease offering with regard to the transaction; and

(B)

providing public notice regarding any meeting to discuss a proposed contract solicitation with regard to the transaction.

(2)

The report under paragraph (3) of subsection (a) shall include the following with regard to a proposed transaction covered by paragraph (1)(C) of such subsection:

(A)

A description of the proposed transaction, including the proposed duration of the lease, license, or easement.

(B)

A description of the authorities to be used in entering into the transaction.

(C)

A statement of the scored cost of the entire transaction, determined using the scoring criteria of the Office of Management and Budget.

(D)

A determination that the property involved in the transaction is not excess property, as required by section 2667(a)(3) of this title, including the basis for the determination.

(E)

A determination that the proposed transaction is directly compatible with the mission of the military installation or Defense Agency at which the property is located and a description of the anticipated long-term use of the property at the conclusion of the lease or license.

(F)

A description of the requirements or conditions within the contract solicitation or other lease offering for the person making the offer to address taxation issues, including payments-in-lieu-of taxes, and other development issues related to local municipalities.

(G)

If the proposed lease involves a project related to energy production, a certification by the Secretary of Defense that the project, as it will be specified in the contract solicitation or other lease offering, is consistent with the Department of Defense performance goals and plan required by section 2911 of this title.

(3)

The Secretary concerned may not enter into the actual lease or license with respect to property for which the information required by paragraph (2) was submitted in a report under subsection (a)(3) unless the Secretary again complies with the notice-and-wait requirements of such subsection. The subsequent report shall include the following with regard to the proposed transaction:

(A)

A cross reference to the prior report that contained the information submitted under paragraph (2) with respect to the transaction.

(B)

A description of the differences between the information submitted under paragraph (2) and the information regarding the transaction being submitted in the subsequent report.

(C)

A description of the payment to be required in connection with the lease, license, or easement, including a description of any in-kind consideration that will be accepted.

(D)

A description of any community support facility or provision of community support services under the lease, license, or easement, regardless of whether the facility will be operated by a covered entity (as defined in section 2667(d) of this title) or the lessee or the services will be provided by a covered entity or the lessee.

(E)

A description of the competitive procedures used to select the lessee or, in the case of a lease involving the public benefit exception authorized by section 2667(h)(2) of this title, a description of the public benefit to be served by the lease.

(c)

Excepted Projects.—

This section does not apply to real property for water resource development projects of the Corps of Engineers, or to leases of Government-owned real property for agricultural or grazing purposes or to any real property acquisition specifically authorized in a Military Construction Authorization Act.

(d)

Statements of Compliance in Transaction Instruments.—

A statement in an instrument of conveyance, including a lease, that the requirements of this section have been met, or that the conveyance is not subject to this section, is conclusive.

(e)

Reports on Transactions Involving Intelligence Components.—

Whenever a transaction covered by this section is made by or on behalf of an intelligence component of the Department of Defense or involves real property used by such a component, any report under this section with respect to the transaction that is submitted to the congressional committees named in subsection (a) shall be submitted concurrently to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(f)

Exceptions for Transactions for War and Certain Emergency and Other Operations.—

(1)

The reporting requirement set forth in subsection (a) shall not apply with respect to a real property transaction otherwise covered by that subsection if the Secretary concerned determines that the transaction is made as a result of any of the following:

(A)

A declaration of war.

(B)

A declaration of a national emergency by the President pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.).

(C)

A declaration of an emergency or major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(D)

The use of the militia or the armed forces after a proclamation to disperse under section 254 of this title.

(E)

A contingency operation.

(2)

The reporting requirement set forth in subsection (a) shall not apply with respect to a real property transaction otherwise covered by that subsection if the Secretary concerned determines that—

(A)

an event listed in paragraph (1) is imminent; and

(B)

the transaction is necessary for purposes of preparation for such event.

(3)

Not later than 30 days after entering into a real property transaction covered by paragraph (1) or (2), the Secretary concerned shall submit to the committees named in subsection (a) a report on the transaction. The report shall set forth any facts or information which would otherwise have been submitted in a report on the transaction under subsection (a), but for the operation of paragraph (1) or (2).

(g)

Secretary Concerned Defined.—

In this section, the term “Secretary concerned” includes, with respect to Defense Agencies, the Secretary of Defense.

(Aug. 10, 1956, ch. 1041, 70A Stat. 147; Pub. L. 86–70, § 6(c), June 25, 1959, 73 Stat. 142; Pub. L. 86–500, title V, § 511(1), June 8, 1960, 74 Stat. 186; Pub. L. 86–624, § 4(c), July 12, 1960, 74 Stat. 411; Pub. L. 92–145, title VII, § 707(5), Oct. 27, 1971, 85 Stat. 412; Pub. L. 92–545, title VII, § 709, Oct. 25, 1972, 86 Stat. 1154; Pub. L. 93–552, title VI, § 610, Dec. 27, 1974, 88 Stat. 1765; Pub. L. 94–107, title VI, § 607(5), (6), Oct. 7, 1975, 89 Stat. 566; Pub. L. 94–431, title VI, § 614, Sept. 30, 1976, 90 Stat. 1367; Pub. L. 96–418, title VIII, § 805, Oct. 10, 1980, 94 Stat. 1777; Pub. L. 100–456, div. B, title XXVIII, § 2803, Sept. 29, 1988, 102 Stat. 2115; Pub. L. 101–510, div. A, title XIII, § 1311(6), Nov. 5, 1990, 104 Stat. 1670; Pub. L. 102–496, title IV, § 403(a)(1), (2)(A), Oct. 24, 1992, 106 Stat. 3185; Pub. L. 104–106, div. A, title XV, § 1502(a)(23), div. D, title XLIII, § 4321(b)(21), Feb. 10, 1996, 110 Stat. 505, 673; Pub. L. 105–261, div. B, title XXVIII, § 2811, Oct. 17, 1998, 112 Stat. 2204; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2811], Oct. 30, 2000, 114 Stat. 1654, 1654A–416; Pub. L. 108–136, div. A, title X, § 1031(a)(27), Nov. 24, 2003, 117 Stat. 1598; Pub. L. 108–375, div. A, title X, § 1084(d)(22), Oct. 28, 2004, 118 Stat. 2062; Pub. L. 110–181, div. B, title XXVIII, § 2821, Jan. 28, 2008, 122 Stat. 543; Pub. L. 110–417, div. B, title XXVIII, § 2811, Oct. 14, 2008, 122 Stat. 4725; Pub. L. 111–383, div. B, title XXVIII, § 2811(a)–(f), Jan. 7, 2011, 124 Stat. 4461, 4462; Pub. L. 112–81, div. B, title XXVIII, § 2812, Dec. 31, 2011, 125 Stat. 1686; Pub. L. 112–239, div. B, title XXVIII, § 2821, Jan. 2, 2013, 126 Stat. 2152; Pub. L. 115–91, div. A, title X, § 1081(a)(45), div. B, title XXVIII, §§ 2811(a), 2812, Dec. 12, 2017, 131 Stat. 1596, 1848, 1849.)

cite as: 10 USC 2662