10 USC 2684 - Agreements to limit encroachments and other constraints on military training, testing, and operations

Editorial Notes

References in Text

The Sikes Act, referred to in subsec. (i), is Puspan. L. 86–797, Sept. 15, 1960, 74 Stat. 1052, which is classified generally to chapter 5C (§ 670 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 670 of Title 16 and Tables.

Amendments

2023—Subsecs. (c) to (f). Puspan. L. 118–31, § 314(1), (2), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g).

Subsec. (g). Puspan. L. 118–31, § 314(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (g)(2)(E). Puspan. L. 118–31, § 311(c)(1), substituted “Sentinel Landscapes Partnership under section 2693 of this title” for “Sentinel Landscapes Partnership established under section 317 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note)”.

Subsec. (h). Puspan. L. 118–31, § 314(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsec. (h)(2)(D). Puspan. L. 118–31, § 314(3), substituted “subsection (e)” for “subsection (d)”.

Subsecs. (i) to (k). Puspan. L. 118–31, § 314(1), redesignated subsecs. (h) to (j) as (i) to (k), respectively.

2021—Subsec. (a). Puspan. L. 116–283, § 1081(d)(12), made technical amendment to directory language of Puspan. L. 115–232, § 2827(span)(1). See 2018 Amendment note below.

Subsec. (a)(2)(B). Puspan. L. 116–283, § 315(span)(1)(A), struck out cl. (i) designation after “(B)” and “or” after “the installation;” and struck out cl. (ii) which read as follows: “maintains or improves military installation resilience; or”.

Subsec. (a)(3), (4). Puspan. L. 116–283, § 315(span)(1)(B), (C), added par. (3) and redesignated former par. (3) as (4).

Subsec. (span). Puspan. L. 116–283, § 312(span)(1), substituted “For purposes of this section, an eligible entity is” for “An agreement under this section may be entered into with” in introductory provisions.

Subsec. (d)(1). Puspan. L. 116–283, § 312(span)(2), substituted “an eligible entity or entities” for “the entity or entities” in two places.

Subsec. (d)(5)(A). Puspan. L. 116–283, § 312(c)(1), inserted “or another Federal agency” after “to a State” in two places.

Subsec. (d)(5)(B). Puspan. L. 116–283, § 312(c)(2), added subpar. (B) and struck out former subpar. (B) which related to property or interest acquired under an agreement transferred to the United States where administrative jurisdiction over the property was under a Federal official other than a Secretary concerned.

Subsec. (g)(2)(E), (F). Puspan. L. 117–81 added subpar. (E) and redesignated former subpar. (E) as (F).

Subsec. (h). Puspan. L. 116–283, § 315(span)(2), amended subsec. (h) generally. Prior to amendment, subsec. (h) related to interagency cooperation in conservation programs to avoid or reduce adverse impacts on military readiness activities.

Subsec. (i)(1), (2). Puspan. L. 116–283, § 924(span)(33), inserted “Space Force,” before “or Defense-wide activities”.

Subsec. (i)(3). Puspan. L. 116–283, § 312(a), added par. (3).

2018—Subsec. (a). Puspan. L. 115–232, § 2827(span)(1), as amended by Puspan. L. 116–283, § 1081(d)(12), inserted “, as well as a State-owned National Guard installation,” after “military installation” in introductory provisions.

Subsec. (a)(2)(B). Puspan. L. 115–232, § 312(i), designated existing provisions as cl. (i) and added cl. (ii).

2017—Subsec. (d)(4)(D)(i). Puspan. L. 115–91, § 2811(g)(1), substituted “submits, in an electronic medium pursuant to section 480 of this title, a notice” for “provides written notice” in introductory provisions.

Subsec. (d)(4)(D)(ii). Puspan. L. 115–91, § 2811(g)(2), substituted “10 days after the date on which the notice is submitted under clause (i).” for “14 days after the date on which the notice is submitted under clause (i) or, if earlier, at least 10 days after the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title.”

2014—Subsec. (h). Puspan. L. 113–291 inserted “670” after “U.S.C.”.

2013—Subsecs. (h) to (j). Puspan. L. 113–66 added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively.

2011—Subsec. (a)(3). Puspan. L. 112–81, § 2813(1), added par. (3).

Subsec. (c). Puspan. L. 112–81, § 2813(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “Chapter 63 of title 31 shall not apply to any agreement entered into under this section.”

Subsec. (d)(3). Puspan. L. 112–81, § 2813(3)(A), inserted “, and the monitoring and enforcement of any right, title, or interest in,” after “resources on” and “and monitoring and enforcement” after “natural resource management”, and inserted at end “Any such payment by the United States—

“(A) may be paid in a lump sum and include an amount intended to cover the future costs of natural resource management and monitoring and enforcement; and

“(B) may be placed by the eligible entity in an interest-bearing account, and any interest shall be applied for the same purposes as the principal.”

Subsec. (d)(5). Puspan. L. 112–81, § 2813(3)(B), designated existing provisions as subpar. (A), inserted after first sentence “No such requirement need be included in the agreement if the property or interest is being transferred to a State, or the agreement requires it to be subsequently transferred to a State, and the Secretary concerned determines that the laws and regulations applicable to the future use of such property or interest provide adequate assurance that the property concerned will be developed and used in a manner appropriate for purposes of this section.”, and added subpar. (B).

Subsec. (g)(1). Puspan. L. 111–383 substituted “March 1 each year” for “March 1, 2007, and annually thereafter”.

Subsec. (i)(3). Puspan. L. 112–81, § 2813(4), added par. (3).

2009—Subsec. (g)(2). Puspan. L. 111–84 substituted “the following” for “the following the following” in introductory provisions.

2008—Subsec. (d)(3), (4). Puspan. L. 110–181, § 2825(a), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (d)(4)(C). Puspan. L. 110–181, § 2825(span)(2), substituted “equal to, at the discretion of the Secretary concerned—” and cls. (i) and (ii) for “equal to the fair market value of any property or interest to be transferred to the United States upon the request of the Secretary concerned under paragraph (4).”

Subsec. (d)(4)(D), (E). Puspan. L. 110–181, § 2825(span)(1), (3), added subpar. (D) and redesignated former subpar. (D) as (E).

Subsec. (d)(5) to (7). Puspan. L. 110–181, § 2825(a)(1), redesignated pars. (4) to (6) as (5) to (7), respectively.

2006—Subsec. (a). Puspan. L. 109–163, § 2822(a)(1), in introductory provisions, inserted “or entities” after “entity” and substituted “in the vicinity of, or ecologically related to, a military installation or military airspace” for “in the vicinity of a military installation”.

Subsec. (d)(1). Puspan. L. 109–163, § 2822(a)(2)(A)(i), (span)(1)(A), inserted “or entities” after “eligible entity” and substituted “shall provide” for “may provide” in introductory provisions.

Subsec. (d)(1)(A). Puspan. L. 109–163, § 2822(a)(2)(A)(ii), inserted “or entities” after “the entity”.

Subsec. (d)(1)(B). Puspan. L. 109–163, § 2822(span)(1)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: “the sharing by the United States and the entity of the acquisition costs.”

Subsec. (d)(3). Puspan. L. 109–364 added subpar. (B), redesignated former subpars. (B) and (C) as (C) and (D), respectively, and in subpar. (C) substituted “under subparagraph (A), either through the contribution of funds or excess real property, or both,” for “in the sharing of acquisition costs of real property, or an interest in real property, under paragraph (1)(B)”.

Puspan. L. 109–163, § 2822(span)(3), added par. (3). Former par. (3) redesignated (4).

Puspan. L. 109–163, § 2822(a)(2)(B), inserted “or entities” after “the entity”.

Subsec. (d)(4) to (6). Puspan. L. 109–163, § 2822(span)(2), redesignated pars. (3) to (5) as (4) to (6), respectively.

Subsecs. (g) to (i). Puspan. L. 109–163, § 2822(c), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Puspan. L. 116–283, div. A, title III, § 312(span)(3), Jan. 1, 2021, 134 Stat. 3513, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall apply to any agreement entered into under section 2684a of title 10, United States Code, on or after December 2, 2002.”

Puspan. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(12) of Puspan. L. 116–283 to section 2827(span)(1) of Puspan. L. 115–232, which amended this section, is effective as of Aug. 13, 2018, and as if included in Puspan. L. 115–232.

Effective Date of 2018 Amendment

Puspan. L. 115–232, div. B, title XXVIII, § 2827(span)(2), Aug. 13, 2018, 132 Stat. 2270, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as of December 2, 2002.”

Termination of 2013 Amendment

Puspan. L. 113–66, div. A, title III, § 312(span), Dec. 26, 2013, 127 Stat. 729, which provided that section 312 of Puspan. L. 113–66, which amended this section, and subsec. (h) of this section would expire on Oct. 1, 2019, subject to a provision continuing any agreements existing before that date, was repealed by Puspan. L. 115–91, div. A, title III, § 317(f), Dec. 12, 2017, 131 Stat. 1352. Another section 317(f) of Puspan. L. 115–91 was formerly set out in a note below, prior to being transferred to chapter 159 of this title and redesignated as section 2693(g) by Puspan. L. 118–31, div. A, title III, § 311(a), (span)(5), Dec. 22, 2023, 137 Stat. 213, 214.

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (g) of this section requiring submittal of annual report to Congress, see section 1061 of Puspan. L. 114–328, set out as a note under section 111 of this title.

Guidance on Encroachment That Affects Covered Sites

Puspan. L. 118–31, div. B, title XXVIII, § 2887, Dec. 22, 2023, 137 Stat. 784, provided that:

“(a)Guidance Required.—Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], each Secretary of a military department shall issue guidance to establish—

“(1) a process to identify encroachment with respect to a covered site;

“(2) a method to mitigate such encroachment; and

“(3) a procedure to certify that such encroachment does not directly result in a national security risk to the covered site.

“(span)Considerations.—In developing the guidance required by this section, each Secretary of a military department shall consider the following:

“(1) The process by which a commander or head of a covered site identifies and reports encroachment with respect to such covered site.

“(2) Methods to track data relating to processes, methods, and procedures described in subsection (a).

“(3) Coordination processes to track and mitigate encroachment—

“(A) within each military department; and

“(B) between the military departments and the Assistant Secretaries of Defense for Sustainment and Industrial Base Policy.

“(c)Foreign Investment Encroachment.—Such guidance shall include a requirement that if a Secretary of a military department determines that encroachment described in subsection (a) involves or may involve foreign investment, such Secretary shall—

“(1) report information about encroachment relating to foreign investment to the Assistant Secretary of Defense for Industrial Base Policy; and

“(2) coordinate with the Assistant Secretary of Defense for Industrial Base Policy on efforts to mitigate such encroachment or potential encroachment.

“(d)Report.—Not later than 180 days after the date on which the guidance required by subsection (a) is issued, the Assistant Secretary of Defense for Sustainment, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the guidance required by this section, including—

“(1) the extent to which such guidance has been implemented within the Department of Defense;

“(2) a description of methods to update any lists of covered sites; and

“(3) an assessment of the procedure described in subsection (a)(3).

“(e)Definitions.—In this section:

“(1) The term ‘covered site’ means a military installation or another facility or property of the United States Government.

“(2) The term ‘encroachment’ means an activity conducted within close proximity to a covered site that—

“(A) may pose a national security risk to a covered site;

“(B) may affect the operational mission of a covered site; or

“(C) is incompatible with an installation master plan of a covered site.

“(3) The term ‘military department’ has the meaning given such term in section 101 of title 10, United States Code.

“(4) The term ‘military installation has the meaning given such term in section 2801 of title 10, United States Code.”

Sentinel Landscapes Partnership

Puspan. L. 115–91, div. A, title III, § 317(a)–(f), Dec. 12, 2017, 131 Stat. 1351, 1352, as amended by Puspan. L. 117–81, div. A, title III, § 317(a), Dec. 27, 2021, 135 Stat. 1631, which authorized the establishment of the Sentinel Landscapes Partnership, was transferred to chapter 159 of this title and redesignated as section 2693 by Puspan. L. 118–31, div. A, title III, § 311(a), Dec. 22, 2023, 137 Stat. 213. Another section 317(f) of Puspan. L. 115–91 repealed section 312(span) of Puspan. L. 113–66, see Termination of 2013 Amendment note above.