§2680. Leases: land for special operations activities

(a) Authority to Acquire Leaseholds.-The Secretary of Defense may acquire a leasehold interest in real property if the Secretary determines that the acquisition of such interest is necessary in the interests of national security to facilitate special operations activities of forces of the special operations command established pursuant to section 167 of this title.

(b) Limitations on Authority.-(1) The Secretary may not acquire a leasehold interest in any real property under subsection (a) if the estimated annual rental cost of that real property exceeds $500,000.

(2) The Secretary may not acquire more than five leasehold interests in real property under subsection (a) during a fiscal year.

(3) The term of a leasehold interest acquired under this section shall not exceed one year.

(c) Construction or Modification of Facility on Leasehold.-The Secretary may provide in a lease entered into under this section for the construction or modification of any facility on the leased property in order to facilitate the activities referred to in subsection (a). The total cost of the construction or modification of such facility may not exceed $750,000 in any fiscal year.

(d) Expiration of Authority.-The authority of the Secretary of Defense to acquire a leasehold interest in real property under this section shall expire on September 30, 1995. The expiration of that authority shall not affect the validity of any contract entered into under this section on or before that date.

(Added Pub. L. 102–190, div. B, title XXVIII, §2863(a)(1), Dec. 5, 1991, 105 Stat. 1560 ; amended Pub. L. 103–160, div. B, title XXVIII, §2807(a), Nov. 30, 1993, 107 Stat. 1887 .)

Prior Provisions

A prior section 2680, added Pub. L. 87–651, title I, §112(c), Sept. 7, 1962, 76 Stat. 511 ; amended Pub. L. 89–718, §20, Nov. 2, 1966, 80 Stat. 1118 , authorized reimbursement of moving expenses to owners of property acquired for public works projects, prior to repeal by Pub. L. 91–646, title II, §220(a)(3), Jan. 2, 1971, 84 Stat. 1903 . See section 4601 et seq. of Title 42, The Public Health and Welfare.

Amendments

1993-Subsec. (d). Pub. L. 103–160 substituted "September 30, 1995" for "September 30, 1993".

Reporting Requirement

Section 2863(b) of Pub. L. 102–190, as amended by Pub. L. 103–160, div. B, title XXVIII, §2807(b), Nov. 30, 1993, 107 Stat. 1887 , provided that: "Not later than March 1 of each of the years 1994, 1995, and 1996, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives [now Committee on Armed Services of the Senate and Committee on National Security of the House of Representatives] a report that-

"(1) identifies each leasehold interest acquired during the previous fiscal year by the Secretary under subsection (a) of section 2680 of title 10, United States Code, as added by subsection (a); and

"(2) contains a discussion of each project for the construction or modification of facilities carried out pursuant to subsection (c) of such section during such fiscal year."