
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: 10USC2668]

 
                         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. 2668. Easements for rights-of-way

    (a) If the Secretary of a military department finds that it will not 
be against the public interest, he may grant, upon such terms as he 
considers advisable, easements for rights-of-way over, in, and upon 
public lands permanently withdrawn or reserved for the use of that 
department, and other lands under his control, to a State, Territory, 
Commonwealth, or possession, or political subdivision thereof, or to a 
citizen, association, partnership, or corporation of a State, Territory, 
Commonwealth, or possession, for--
        (1) railroad tracks;
        (2) oil pipe lines;
        (3) substations for electric power transmission lines and 
    pumping stations for gas, water, sewer, and oil pipe lines;
        (4) canals;
        (5) ditches;
        (6) flumes;
        (7) tunnels;
        (8) dams and reservoirs in connection with fish and wildlife 
    programs, fish hatcheries, and other improvements relating to fish-
    culture;
        (9) roads and streets;
        (10) poles and lines for the transmission or distribution of 
    electric power;
        (11) poles and lines for the transmission or distribution of 
    communications signals (including telephone and telegraph signals);
        (12) structures and facilities for the transmission, reception, 
    and relay of such signals; and
        (13) any other purpose that he considers advisable, except a 
    purpose covered by section 2669 of this title.

    (b) No easement granted under this section may include more land 
than is necessary for the easement.
    (c) The Secretary of the military department concerned may terminate 
all or part of any easement granted under this section for--
        (1) failure to comply with the terms of the grant;
        (2) nonuse for a two-year period; or
        (3) abandonment.

    (d) Copies of instruments granting easements over public lands under 
this section shall be furnished to the Secretary of the Interior.
    (e) Subsection (d) of section 2667 of this title shall apply with 
respect to proceeds received by the Secretary of a military department 
in connection with an easement granted under this section in the same 
manner as such subsection applies to money rentals received pursuant to 
leases entered into by that Secretary under such section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 150; Pub. L. 98-525, title XIV, 
Sec. 1405(38), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 104-201, div. B, 
title XXVIII, Sec. 2861, Sept. 23, 1996, 110 Stat. 2804; Pub. L. 106-
398, Sec. 1 [div. B, title XXVIII, Sec. 2812(f)(1)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-418.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2668(a)...............................  43:931b (less 2d and 3d provisos of  Ju
ly 24, 1946, ch. 596, Sec.  7, 60
                                         1st sentence, and less last          S
tat. 643; Oct. 25, 1951, ch. 563,
                                         sentence).                           S
ec.  101 (31st through 43d
                                        43:931b (2d proviso of 1st            w
ords), 65 Stat. 641.
2668(b)...............................   sentence).
2668(c)...............................  43:931b (3d proviso of 1st
                                         sentence).
2668(d)...............................  43:931b (last sentence) [43:931b is
                                         made applicable to the Navy by
                                         50:171-1 (16th through 21st
                                         words)].
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the word ``conditions'' is omitted as covered by 
the word ``terms''. The description of the persons covered in the 
opening paragraph and the lands covered in clauses (1)-(10) is restated 
to reflect an opinion of the Judge Advocate General of the Army (JAGR 
1952/3179, 27 Mar. 1952). The exceptions to clause (10) make express the 
fact that the revised section does not cover certain easements 
authorized by earlier law. The word ``over'' includes the word 
``across''. The words ``of the United States'', ``and empowered'', 
``acquired lands'', ``jurisdiction and'', and ``municipality'' are 
omitted as surplusage. The word ``Commonwealth'' is inserted to reflect 
the present status of Puerto Rico.
    In subsection (b), the words ``for the easement'' are substituted 
for the words ``for the purpose for which granted''.
    In subsections (b) and (c), the word ``easement'' is substituted for 
the word ``rights-of-way''.
    In subsection (c), the word ``terminate'' is substituted for the 
words ``annulled and forfeited''. The words ``and conditions'' are 
omitted as covered by the word ``terms''. The words ``two-year period'' 
are substituted for the words ``a period of two consecutive years''. The 
words ``of rights granted under authority hereof'' are omitted as 
surplusage.


                               Amendments

    2000--Subsec. (e). Pub. L. 106-398 added subsec. (e).
    1996--Subsec. (a)(3). Pub. L. 104-201, Sec. 2861(b)(1), struck out 
``, telephone lines, and telegraph lines,'' after ``transmission 
lines''.
    Subsec. (a)(9). Pub. L. 104-201, Sec. 2861(a)(1), struck out ``and'' 
at end.
    Subsec. (a)(10) to (12). Pub. L. 104-201, Sec. 2861(a)(3), added 
pars. (10) to (12). Former par. (10) redesignated (13).
    Subsec. (a)(13). Pub. L. 104-201, Sec. 2861(a)(2), (b)(2), 
redesignated par. (10) as (13) and struck out ``or by the Act of March 
4, 1911 (43 U.S.C. 961)'' after ``2669 of this title''.
    1984--Subsec. (a)(10). Pub. L. 98-525 substituted ``the Act of March 
4, 1911 (43 U.S.C. 961)'' for ``section 961 of title 43''.

                  Section Referred to in Other Sections

    This section is referred to in section 2667 of this title.
