
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: 10USC2676]

 
                         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. 2676. Acquisition: limitation

    (a) No military department may acquire real property not owned by 
the United States unless the acquisition is expressly authorized by law. 
The foregoing limitation shall not apply to the acceptance by a military 
department of real property acquired under the authority of the 
Administrator of General Services to acquire property by the exchange of 
Government property pursuant to the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 471 et seq.).
    (b) Authority provided the Secretary of a military department by law 
to acquire an interest in real property (including a temporary interest) 
includes authority--
        (1) to make surveys; and
        (2) to acquire the interest in real property by gift, purchase, 
    exchange of real property owned by the United States, or otherwise.

    (c)(1) Except as provided in paragraph (2), the cost authorized for 
a land acquisition project may be increased by not more than 25 percent 
of the amount appropriated for the project by Congress or 200 percent of 
the amount specified by law as the maximum amount for a minor military 
construction project, whichever is lesser, if the Secretary concerned 
determines (A) that such an increase is required for the sole purpose of 
meeting unusual variations in cost, and (B) that such variations in cost 
could not have been reasonably anticipated at the time the project was 
originally approved by Congress.
    (2) A land acquisition project may not be placed under contract if, 
based upon the agreed price for the land or, in the case of land to be 
acquired by condemnation, the amount to be deposited with the court as 
just compensation for the land--
        (A) the scope of the acquisition, as approved by Congress, is 
    proposed to be reduced by more than 25 percent; or
        (B) the agreed price for the land or, in the case of land to be 
    acquired by condemnation, the amount to be deposited with the court 
    as just compensation for the land, exceeds the amount appropriated 
    for the project by more than (i) 25 percent, or (ii) 200 percent of 
    the amount specified by law as the maximum amount for a minor 
    military construction project, whichever is lesser,

until subsection (d) is complied with.
    (d) The limitations on reduction in scope or increase in cost of a 
land acquisition in subsection (c) do not apply if the reduction in 
scope or the increase in cost, as the case may be, is approved by the 
Secretary concerned and a written notification of the facts relating to 
the proposed reduced scope or increased cost (including a statement of 
the reasons therefor) is submitted by the Secretary concerned to the 
appropriate committees of Congress. A contract for the acquisition may 
then be awarded only after a period of 21 days elapses from the date the 
notification is received by the committees.
    (e) The Secretary concerned shall promptly pay any deficiency 
judgment against the United States awarded by a court in an action for 
condemnation of any interest in land or resulting from a final 
settlement of an action for condemnation of any interest in land. 
Payments under this subsection may be made from funds available to the 
Secretary concerned for military construction projects and without 
regard to the limitations of subsections (c) and (d).

(Added Pub. L. 85-861, Sec. 1(51), Sept. 2, 1958, 72 Stat. 1460; amended 
Pub. L. 93-166, title VI, Sec. 608(2), Nov. 29, 1973, 87 Stat. 682; Pub. 
L. 97-214, Sec. 5, July 12, 1982, 96 Stat. 170; Pub. L. 98-407, title 
VIII, Sec. 802, Aug. 28, 1984, 98 Stat. 1519; Pub. L. 99-661, div. A, 
title XIII, Sec. 1343(a)(17)(A), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 
102-190, div. B, title XXVIII, Sec. 2870(1), Dec. 5, 1991, 105 Stat. 
1562.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
2676..................................  [Uncodified].                        Ju
ly 27, 1954, ch. 579, Sec.
                                                                              5
01(b) (less provisos), 68 Stat.
                                                                              5
60.
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    The word ``property'' is substituted for the word ``estate''. The 
words ``not owned by the United States'' are substituted for the words 
``not in Federal ownership''. The words ``or shall be'' are omitted as 
surplusage.

                       References in Text

    The Federal Property and Administrative Services Act of 1949, as 
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 
Stat. 377, as amended. Provisions of the act related to management and 
disposal of Government property are classified to chapter 10 (Sec. 471 
et seq.) of Title 40, Public Buildings, Property, and Works. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 471 of Title 40 and Tables.


                               Amendments

    1991--Subsec. (d). Pub. L. 102-190 struck out ``(1)'' after ``be 
awarded only'' and ``, or (2) upon the approval of those committees, if 
before the end of that period each such committee approves the proposed 
reduced scope or increased cost'' before period at end.
    1986--Subsec. (c)(2)(B). Pub. L. 99-661 amended generally language 
of subpar. (B) before ``exceeds the amount''. See 1984 Amendment note 
below.
    1984--Subsec. (c)(2). Pub. L. 98-407, Sec. 802(1), inserted ``or, in 
the case of land to be acquired by condemnation, the amount to be 
deposited with the court as just compensation for the land'' in 
provisions preceding subpar. (A).
    Subsec. (c)(2)(B). Pub. L. 98-407, Sec. 802(2), inserted ``or, in 
the case of land to be acquired by condemnation, the amount to be 
deposited with the court as just compensation for the land,''. Insertion 
of new language following ``the agreed price for the land'' was executed 
to text notwithstanding directory language of Pub. L. 98-407 that made a 
reference to a nonexistent comma following ``the agreed price for the 
land''. See 1986 Amendment note above.
    Subsec. (e). Pub. L. 98-407, Sec. 802(3), added subsec. (e).
    1982--Pub. L. 97-214 designated existing provisions as subsec. (a) 
and added subsecs. (b) to (d).
    1973--Pub. L. 93-166 made limitation inapplicable to property 
acquired under authority of Administrator of General Services to acquire 
property by exchange of Government property.


                    Effective Date of 1986 Amendment

    Section 1343(a)(17)(B) of Pub. L. 99-661 provided that: ``The 
amendment made by subparagraph (A) [amending this section] shall take 
effect as if included in the enactment of section 802(2) of the Military 
Construction Authorization Act, 1985 (Public Law 98-407; 98 Stat. 1519) 
[amending this section].''


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and applicable 
to military construction projects, and to construction and acquisition 
of military family housing authorized before, on, or after such date, 
see section 12(a) of Pub. L. 97-214, set out as an Effective Date note 
under section 2801 of this title.
