
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2665]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-
                             EXCESS PROPERTY
 
Sec. 2665. Sale of certain interests in land; logs

    (a) The President, through an executive department, may sell to any 
person or foreign government any interest in land that is acquired under 
section 2664 of this title for the production of lumber or timber 
products, except land under the control of the Department of the Army or 
the Department of the Air Force.
    (b) The President, through an executive department, may sell to any 
person or foreign government any forest products produced on land owned 
or leased by a military department or the Department of Transportation.
    (c) Sales under subsection (a) or (b) shall be at prices determined 
by the President acting through the selling agency.
    (d) Appropriations of the Department of Defense may be reimbursed 
for all costs of production of forest products pursuant to this section 
from amounts received as proceeds from the sale of any such property.
    (e)(1) Each State in which is located a military installation or 
facility from which forest products are sold in a fiscal year is 
entitled at the end of such year to an amount equal to 40 percent of (A) 
the amount received by the United States during such year as proceeds 
from the sale of forest products produced on such installation or 
facility, less (B) the amount of reimbursement of appropriations of the 
Department of Defense under subsection (d) during such year attributable 
to such installation or facility.
    (2) The amount paid to a State pursuant to paragraph (1) shall be 
expended as the State legislature may prescribe for the benefit of the 
public schools and public roads of the county or counties in which the 
military installation or facility is situated.
    (3) In a case in which a military installation or facility is 
located in more than one State or county, the amount paid pursuant to 
paragraph (1) shall be distributed in a manner proportional to the area 
of such installation or facility in each State or county.
    (f)(1) There is in the Treasury a reserve account administered by 
the Secretary of Defense for the purposes of this section. Balances in 
the account may be used for costs of the military departments--
        (A) for improvements of forest lands;
        (B) for unanticipated contingencies in the administration of 
    forest lands and the production of forest products for which other 
    sources of funds are not available in a timely manner; and
        (C) for natural resources management that implements approved 
    plans and agreements.

    (2) There shall be deposited into the reserve account the total 
amount received by the United States as proceeds from the sale of forest 
products sold under subsections (a) and (b) less--
        (A) reimbursements of appropriations made under subsection (d), 
    and
        (B) payments made to States under subsection (e).

    (3) The reserve account may not exceed $4,000,000 on December 31 of 
any calendar year. Unobligated balances exceeding $4,000,000 on that 
date shall be deposited into the United States Treasury.

(Aug. 10, 1956, ch. 1041, 70A Stat. 149; Pub. L. 95-82, title VI, 
Sec. 610, Aug. 1, 1977, 91 Stat. 378; Pub. L. 96-513, title V, 
Sec. 511(91), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 97-31, 
Sec. 12(3)(B), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97-99, title IX, 
Sec. 910(a), Dec. 23, 1981, 95 Stat. 1386; Pub. L. 97-295, Sec. 1(33), 
Oct. 12, 1982, 96 Stat. 1296; Pub. L. 98-407, title VIII, Sec. 809(a), 
Aug. 28, 1984, 98 Stat. 1522; Pub. L. 99-561, Sec. 4, Oct. 27, 1986, 100 
Stat. 3151.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2665(a)...............................  50:172 (last par., less 36th         Ju
ly 9, 1918, ch. 143, subch. XV,
                                         through 64th, and 73d through        S
ec.  8 (last par.), 40 Stat. 888.
                                         109th, words).
2665(b)...............................  50:172 (36th through 64th words of
                                         last par.).
2665(c)...............................  50:172 (73d through 90th words of
                                         last par.).
2665(d)...............................  50:172 (91st through 109th words of
                                         last par.).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``an executive department or the 
Federal Maritime Board'' are substituted for the words ``any department 
or the United States Maritime Commission'' to reflect an opinion of the 
Judge Advocate General of the Army (JAGA 1954/1723) and to name the 
successor of the United States Maritime Commission. The last 18 words 
are inserted to reflect that opinion (see the Act of February 20, 1931 
(10 U.S.C. 1354)). The words ``and dispose of'' are omitted as 
surplusage.
    In subsection (b), the words ``an executive department or the 
Federal Maritime Board'' are inserted for clarity and to name the 
successor of the United States Maritime Commission.
    In subsections (a) and (b), the word ``person'' is substituted for 
the words ``individuals, corporations,'' since section 1 of title 1 
defines the word ``person'' to cover both individuals and corporations. 
The words ``States or'' are omitted as surplusage.
    In subsection (c), the words ``the selling agency'' are substituted 
for the words ``his above representatives selling or disposing of the 
same''.

                            1982 Act

    This corrects an error in an amendment to 10:2665 made by section 
12(3)(B) of the Maritime Act of 1981 (Pub. L. 97-31, Aug. 6, 1981, 95 
Stat. 153).


                               Amendments

    1986--Subsec. (d). Pub. L. 99-561, Sec. 4(1), struck out ``available 
for operation and maintenance during a fiscal year'' after ``Defense'', 
substituted ``costs'' for ``expenses'', and struck out ``during such 
fiscal year'' after ``such property''.
    Subsec. (e)(1). Pub. L. 99-561, Sec. 4(2), struck out ``for all 
expenses of production of forest products'' after ``subsection (d)''.
    Subsec. (f)(1). Pub. L. 99-561, Sec. 4(3)(A), (B), substituted 
``costs'' for ``expenses'' in provisions preceding subpar. (A) and 
amended subpar. (C) generally. Prior to amendment, subpar. (C) read as 
follows: ``for expenses to enable operations of forest lands and the 
production of forest products to continue from the end of one fiscal 
year through the beginning of the next fiscal year without disruption.''
    Subsec. (f)(2), (3). Pub. L. 99-561, Sec. 4(3)(C), amended pars. (2) 
and (3) generally. Prior to amendment, pars. (2) and (3) read as 
follows:
    ``(2) Subject to paragraph (3), there shall be deposited into the 
reserve account not later than December 31 of each year, for credit to 
the preceding fiscal year, an amount equal to one-half of the amount (if 
any) remaining of the total amount received by the United States during 
that fiscal year as proceeds from the sale of forest products after (A) 
the reimbursement of appropriations of the Department of Defense under 
subsection (d) for expenses of production of forest products during that 
fiscal year, and (B) the payment to States under subsection (e) for that 
fiscal year.
    ``(3) The balance in the reserve account may not exceed $4,000,000. 
If a deposit under paragraph (2) would cause the balance in the account 
to exceed that amount, the deposit shall be made only to the extent the 
amount of the deposit would not cause the balance in the account to 
exceed $4,000,000.''
    1984--Subsec. (b). Pub. L. 98-407, Sec. 809(a)(1), substituted 
``forest products produced on land owned or leased by a military 
department or the'' for ``logs wholly or partly manufactured by, or 
otherwise procured for, the Army, Navy, or Air Force, or''.
    Subsec. (d). Pub. L. 98-407, Sec. 809(a)(2), substituted ``forest 
products'' for ``lumber and timber products''.
    Subsec. (e)(1). Pub. L. 98-407, Sec. 809(a)(3), substituted ``forest 
products'' for ``timber and timber products'' in two places and ``40 
percent'' for ``25 percent''.
    Subsec. (f). Pub. L. 98-407, Sec. 809(a)(4), added subsec. (f).
    1982--Subsecs. (a), (b). Pub. L. 97-295 substituted ``executive 
department, may sell'' for ``executive department'' and all that 
followed through ``may sell'' in subsecs. (a) and (b), and substituted 
``Air Force, or Department of Transportation.'' for ``Air Force'' and 
all that followed in subsec. (b), clarifying the ambiguity created by 
the conflicting language of Pub. L. 96-513 and Pub. L. 97-31.
    1981--Subsecs. (a), (b). Pub. L. 97-31 struck out reference to 
Federal Maritime Commission in subsec. (a), and substituted ``or 
Department of Transportation'' for ``or Federal Maritime Commission'' 
and struck out ``or the Federal Maritime Commission'' after 
``department'' in subsec. (b). Amendment was executed to text in 
accordance with the probable intent of Congress, notwithstanding 
amendment of section by Pub. L. 96-513 which substituted different 
language than language contained in amendatory provisions of Pub. L. 97-
31.
    Subsec. (e). Pub. L. 97-99 added subsec. (e).
    1980--Subsecs. (a), (b). Pub. L. 96-513 substituted ``Federal 
Maritime Commission'' for ``Federal Maritime Board''.
    1977--Subsec. (d). Pub. L. 95-82 substituted provisions relating to 
reimbursement of production expenses during any fiscal year from 
proceeds from sales for property during such fiscal year, for provisions 
requiring proceeds from sales under subsecs. (a) or (b) of this section 
to be credited to the appropriations under which the property concerned 
was procured.


                    Effective Date of 1984 Amendment

    Section 809(b) of Pub. L. 98-407 provided that:
    ``(b)(1) Except as provided in paragraph (2), the amendments made by 
subsection (a) [amending this section] shall take effect on October 1, 
1984.
    ``(2) The amendment made by subsection (a)(2)(B) [probably should be 
`(a)(3)(B)', which amended subsec. (e)(1) of this section] shall apply 
with respect to payments to States for fiscal years beginning after 
September 30, 1984.''


                    Effective Date of 1981 Amendment

    Section 910(b) of Pub. L. 97-99 provided that: ``Subsection (e) of 
section 2665 of title 10, United States Code, as added by subsection 
(a), shall apply with respect to timber and timber products sold after 
September 30, 1981.''


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in title 16 section 670a.
