
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: 10USC2691]

 
                         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. 2691. Restoration of land used by permit or lease

    (a) The Secretary of the military department concerned may remove 
improvements and take any other action necessary in the judgment of the 
Secretary to restore land used by that military department by permit or 
lease from another military department or Federal agency if the 
restoration is required by the permit or lease making that land 
available to the military department. The Secretary concerned may carry 
out this section using funds available for operations and maintenance or 
for military construction.
    (b) Unless otherwise prohibited by law or the terms of the permit or 
lease, before restoration of any land under subsection (a) is begun, the 
Secretary concerned shall determine, under the provisions of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et 
seq.), whether another military department or Federal agency has a use 
for the land in its existing, improved state. During the period required 
to make such a determination, the Secretary may provide for maintenance 
and repair of improvements on the land to the standards established for 
excess property by the Administrator of General Services.
    (c)(1) As a condition of any lease, permit, license, or other grant 
of access entered into by the Secretary of a military department with 
another Federal agency authorizing the agency to use lands under the 
control of the Secretary, the Secretary may require the agency to agree 
to remove any improvements and to take any other action necessary in the 
judgment of the Secretary to restore the land used by the agency to its 
condition before its use by the agency.
    (2) In lieu of performing any removal or restoration work under 
paragraph (1), a Federal agency may elect, with the consent of the 
Secretary, to reimburse the Secretary for the costs incurred by the 
military department in performing such removal or restoration work.

(Added Pub. L. 98-407, title VIII, Sec. 804(a), Aug. 28, 1984, 98 Stat. 
1519; amended Pub. L. 99-145, title XIII, Sec. 1303(a)(17), Nov. 8, 
1985, 99 Stat. 739; Pub. L. 105-261, div. B, title XXVIII, Sec. 2812(a), 
(b)(1), Oct. 17, 1998, 112 Stat. 2205.)

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (b), 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

    1998--Pub. L. 105-261, Sec. 2812(b)(1), struck out ``from other 
agencies'' after ``lease'' in section catchline.
    Subsec. (c). Pub. L. 105-261, Sec. 2812(a), added subsec. (c).
    1985--Pub. L. 99-145 substituted ``used by'' for ``used of'' in 
section catchline.
