[USC02] 10 USC Ch. 779: REAL PROPERTY
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10 USC Ch. 779: REAL PROPERTY
From Title 10—ARMED FORCESSubtitle B—ArmyPART IV—SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 779—REAL PROPERTY

Sec.
7771.
Acceptance of donations: land for mobilization, training, supply base, or aviation field.
7772.
Heritage Center for the National Museum of the United States Army: development and operation.
7776.
Emergency construction: fortifications.
7777.
Permits: military reservations; landing ferries, erecting bridges, driving livestock.
7778.
Licenses: military reservations; erection and use of buildings; Young Men's Christian Association.
7779.
Use of public property.
7780.
Acquisition of buildings in District of Columbia.
7781.
Cyber Center for Education and Innovation-Home of the National Cryptologic Museum.

        

Amendments

2018Pub. L. 115–232, div. A, title VIII, §808(e)(4), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 449 of this title as this chapter and items 4771 to 4781 as 7771 to 7781, respectively.

2017Pub. L. 115–91, div. A, title X, §1081(a)(49)(B), Dec. 12, 2017, 131 Stat. 1597, struck out second item 4781 "Cyber Center for Education and Innovation-Home of the National Cryptologic Museum" after identical first item 4781.

Pub. L. 115–31, div. N, title VI, §602(b), May 5, 2017, 131 Stat. 829, added identical second item 4781 after first item 4781.

2016Pub. L. 114–328, div. B, title XXVIII, §2831(b), Dec. 23, 2016, 130 Stat. 2740, added item 4781 after item 4780.

2004Pub. L. 108–375, div. B, title XXVIII, §2822(b), Oct. 28, 2004, 118 Stat. 2132, added item 4772.

1982Pub. L. 97–295, §1(43)(B), Oct. 12, 1982, 96 Stat. 1298, struck out item 4772 "Reservation and use for air base or testing field".

Pub. L. 97–214, §10(a)(9)(A), July 12, 1982, 96 Stat. 175, struck out item 4774 "Construction: limitations".

1973Pub. L. 93–166, title V, §509(c), Nov. 29, 1973, 87 Stat. 677, substituted "Construction: limitations" for "Construction of quarters: limitations on space and cost" in item 4774.

1971Pub. L. 92–145, title V, §509(a), Oct. 27, 1971, 85 Stat. 408, struck out item 4775 "Quarters: officers".

1958Pub. L. 85–861, §1(105)(B), Sept. 2, 1958, 72 Stat. 1490, added item 4780.

§7771. Acceptance of donations: land for mobilization, training, supply base, or aviation field

The Secretary of the Army may accept for the United States a gift of—

(1) land that he considers suitable and desirable for a permanent mobilization, training, or supply station; and

(2) land that he considers suitable and desirable for an aviation field, if the gift is from a citizen of the United States and its terms authorize the use of the property by the United States for any purpose.

(Aug. 10, 1956, ch. 1041, 70A Stat. 268, §4771; renumbered §7771, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4771 10:1342.

10:1344.

Aug. 29, 1916, ch. 418 (6th and 8th pars. under "Office of the Chief Signal Officer"), 39 Stat. 622, 623.

10:1344 (last 40 words) is omitted as executed. The words "tract or tracts", in 10:1342 and 1344, are omitted as surplusage. The words "and remount station", in 10:1342, are omitted, since the property and civilian personnel of the Remount Service of the Quartermaster Corps were transferred to the Department of Agriculture by the Act of April 21, 1948, ch. 224, 62 Stat. 197 (7 U.S.C. 436–438). The words "by the United States for any purpose" are substituted for the words "for any other service of the United States which may hereafter appear desirable", in 10:1342. The words "from any person", in 10:1344, are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 4771 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7772. Heritage Center for the National Museum of the United States Army: development and operation

(a) Agreement for Development of Center.—The Secretary of the Army may enter into an agreement with the Army Historical Foundation, a nonprofit organization, for the design, construction, and operation of a facility or group of facilities at Fort Belvoir, Virginia, for the National Museum of the United States Army. The facility or group of facilities constructed pursuant to the agreement shall be known as the Heritage Center for the National Museum of the United States Army (in this section referred to as the "Center").

(b) Purpose of Center.—The Center shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the United States Army, as agreed to by the Secretary of the Army. The Center may also be used to support such education, training, research, and associated purposes as the Secretary considers appropriate.

(c) Design and Construction.—(1) The design of the Center shall be subject to the approval of the Secretary of the Army.

(2) For each phase of the development of the Center, the Secretary may—

(A) accept funds and in-kind gifts, including services, construction materials, and equipment used in construction, from the Army Historical Foundation and other persons for the design and construction of such phase of the Center; or

(B) permit the Army Historical Foundation to contract for the design and construction of such phase of the Center.


(d) Acceptance by Secretary.—Upon the satisfactory completion, as determined by the Secretary of the Army, of any phase of the Center, and upon the satisfaction of any financial obligations incident to such phase of the Center by the Army Historical Foundation, the Secretary shall accept such phase of the Center from the Army Historical Foundation, and all right, title, and interest in and to such phase of the Center shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over the Center.

(e) Use of Certain Gifts.—(1) Under regulations prescribed by the Secretary of the Army, the Commander of the United States Army Center of Military History may, without regard to section 2601 of this title, accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $250,000 or less made to the United States if such gift, devise, or bequest is for the benefit of the National Museum of the United States Army or the Center.

(2) The Secretary may pay or authorize the payment of any reasonable and necessary expense in connection with the conveyance or transfer of a gift, devise, or bequest under this subsection.

(f) Lease of Facility.—(1) Under such terms and conditions as the Secretary of the Army considers appropriate, the Secretary may lease portions of the Center to the Army Historical Foundation to be used by the Foundation, consistent with the purpose of the Center, for—

(A) generating revenue for activities of the Center through rental use by the public, commercial and nonprofit entities, State and local governments, and other Federal agencies; and

(B) such administrative purposes as may be necessary for the support of the Center.


(2) The annual amount of consideration paid to the Secretary by the Army Historical Foundation for a lease under paragraph (1) may not exceed an amount equal to the actual cost, as determined by the Secretary, of the annual operations and maintenance of the Center.

(3) Notwithstanding any other provision of law, the Secretary shall use amounts paid under paragraph (2) to cover the costs of operation of the Center.

(g) Additional Terms and Conditions.—The Secretary of the Army may require such additional terms and conditions in connection with the agreement authorized by subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

(Added Pub. L. 108–375, div. B, title XXVIII, §2822(a), Oct. 28, 2004, 118 Stat. 2130, §4772; amended Pub. L. 113–291, div. B, title XXVIII, §2851, Dec. 19, 2014, 128 Stat. 3713; renumbered §7772, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Amendments

2018Pub. L. 115–232 renumbered section 4772 of this title as this section.

2014—Subsec. (c)(2)(A). Pub. L. 113–291 substituted "accept funds and in-kind gifts, including services, construction materials, and equipment used in construction, from the Army Historical Foundation and other persons" for "accept funds from the Army Historical Foundation".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7776. Emergency construction: fortifications

If in an emergency the President considers it urgent, a temporary fort or fortification may be built on private land if the owner consents in writing.

(Aug. 10, 1956, ch. 1041, 70A Stat. 270, §4776; Pub. L. 91–393, §5, Sept. 1, 1970, 84 Stat. 835; renumbered §7776, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4776 50:178. Apr. 11, 1898, J. Res. 21, 30 Stat. 737.

The word "important" is omitted as covered by the word "urgent". The words "upon which such work is to be placed" are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 4776 of this title as this section.

1970Pub. L. 91–393 struck out at end "In such a case, section 175 of title 50 does not apply."

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7777. Permits: military reservations; landing ferries, erecting bridges, driving livestock

Whenever the Secretary of the Army considers that it can be done without injury to the reservation or inconvenience to the military forces stationed there, he may permit—

(1) the landing of ferries at a military reservation;

(2) the erection of bridges on a military reservation; and

(3) the driving of livestock across a military reservation.

(Aug. 10, 1956, ch. 1041, 70A Stat. 270, §4777; Pub. L. 96–513, title V, §512(23), Dec. 12, 1980, 94 Stat. 2930; renumbered §7777, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4777 10:1348. July 5, 1884, ch. 214, §6, 23 Stat. 104.

The words "may permit" are substituted for the words "shall have authority, in his discretion, to permit". The words "to permit the extension of State, county, and Territorial roads across military reservations" are omitted as superseded by section 2668 of this title. In clause (3), the word "livestock" is substituted for the words "cattle, sheep or other stock animals".

Amendments

2018Pub. L. 115–232 renumbered section 4777 of this title as this section.

1980Pub. L. 96–513 substituted "reservations" for "reservation" in section catchline.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

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.

§7778. Licenses: military reservations; erection and use of buildings; Young Men's Christian Association

Under such conditions as he may prescribe, the Secretary of the Army may issue a revocable license to the International Committee of Young Men's Christian Associations of North America to erect and maintain on military reservations, inside the United States and the Commonwealths and possessions, buildings needed by that organization for the promotion of the social, physical, intellectual, and moral welfare of the members of the Army on those reservations.

(Aug. 10, 1956, ch. 1041, 70A Stat. 270, §4778; Pub. L. 109–163, div. A, title X, §1057(a)(5), (6), Jan. 6, 2006, 119 Stat. 3440, 3441; Pub. L. 111–383, div. A, title X, §1075(h)(4)(A)(i), Jan. 7, 2011, 124 Stat. 4377; renumbered §7778, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4778 10:1346. May 31, 1902, ch. 943, 32 Stat. 282.

The words "may issue" are substituted for the words "Authority is given to * * * in his discretion, to grant permission". The words "Under such conditions as he may prescribe" are substituted for the words "under such regulations as the Secretary of the Army may impose". The words "members of the Army" are substituted for the word "garrisons". The words "the Territories, Commonwealths, and possessions" are substituted for the words "or its island possessions" for clarity.

Codification

Pub. L. 109–163, div. A, title X, §1057(a)(5), Jan. 6, 2006, 119 Stat. 3440, which directed the substitution of "Commonwealths or possessions" for "Territories, Commonwealths, or possessions" in this section, but which could not be executed because "Territories, Commonwealths, or possessions" did not appear in text, was amended, effective as if included in Pub. L. 109–163 as enacted, so as to not apply to this section by Pub. L. 111–383, div. A, title X, §1075(h)(4)(A)(i), Jan. 7, 2011, 124 Stat. 4377.

Amendments

2018Pub. L. 115–232 renumbered section 4778 of this title as this section.

2011Pub. L. 111–383 amended Pub. L. 109–163, §1057(a)(6). See 2006 Amendment note below.

2006Pub. L. 109–163, §1057(a)(6), substituted "Commonwealths and possessions" for "Territories, Commonwealths, and possessions".

Pub. L. 109–163, §1057(a)(5), which directed amendment of this section by substituting "Commonwealths or possessions" for "Territories, Commonwealths, or possessions", could not be executed and was subsequently amended by Pub. L. 111–383 so as to no longer direct amendment of this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 2011 Amendment

Pub. L. 111–383, div. A, title X, §1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that amendment by section 1075(h)(4)(A)(i) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.

§7779. Use of public property

(a) When the economy of the Army so requires, the Secretary of the Army shall establish military headquarters in places where suitable buildings are owned by the United States.

(b) No money appropriated for the support of the Army may be spent for post gardens or Army exchanges. However, this does not prevent Army exchanges from using public buildings or public transportation that, in the opinion of the office or officer designated by the Secretary, are not needed for other purposes.

(Aug. 10, 1956, ch. 1041, 70A Stat. 270, §4779; Pub. L. 99–661, div. B, title VII, §2721, Nov. 14, 1986, 100 Stat. 4042; renumbered §7779, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4779(a)

4779(b)

10:1332.

10:1345.

June 23, 1879, ch. 35, §8, 21 Stat. 35.
4779(c) 10:1335. Aug. 1, 1914, ch. 223 (2d par. under "Quartermaster Corps"), 38 Stat. 629.
  July 16, 1892, ch. 195 (last proviso under "Quartermaster's Department"), 27 Stat. 178; June 28, 1950, ch. 383, §402(c), 64 Stat. 227.

In subsection (a), the words "United States" are substituted for the word "Government".

In subsection (b), the words "suitable space" are substituted for the words "proper and suitable room or rooms". The words "there is a" are substituted for the words "have been established".

Amendments

2018Pub. L. 115–232 renumbered section 4779 of this title as this section.

1986—Subsecs. (b), (c). Pub. L. 99–661 redesignated subsec. (c) as (b) and struck out former subsec. (b) which directed the Secretary to assign suitable space for postal purposes at each military post where there was a post office.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7780. Acquisition of buildings in District of Columbia

(a) In time of war or when war is imminent, the Secretary of the Army may acquire by lease any building, or part of a building, in the District of Columbia that may be needed for military purposes.

(b) At any time, the Secretary may, for the purposes of the Department of the Army, requisition the use and take possession of any building or space in any building, and its appurtenances, in the District of Columbia, other than—

(1) a dwelling house occupied as such;

(2) a building occupied by any other agency of the United States; or

(3) space in such a dwelling house or building.


The Secretary shall determine, and pay out of funds appropriated for the payment of rent by the Department of the Army, just compensation for that use. If the amount of the compensation is not satisfactory to the person entitled to it, the Secretary shall pay 75 percent of it to that person, and the claimant is entitled to recover by action against the United States an additional amount that, when added to the amount paid by the Secretary, is determined by the court to be just compensation for that use.

(Added Pub. L. 85–861, §1(105)(A), Sept. 2, 1958, 72 Stat. 1489, §4780; renumbered §7780, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4780(a) 40:37. July 9, 1918, ch. 143 (3d proviso under "Barracks and Quarters"), 40 Stat. 861.
4780(b) 40:41. July 8, 1918, ch. 139 (2d par. under "War Department"), 40 Stat. 826.

In subsection (a), the words "may acquire by lease" are substituted for the words "is authorized, in his discretion, to rent or lease". The word "needed" is substituted for the word "required".

In subsection (b), the words "At any time" are inserted for clarity. The word "may" is substituted for the words "is authorized". The word "agency" is substituted for the word "branch". Clause (3) is inserted for clarity. The word "determine" is substituted for the word "ascertain". The words "out of funds appropriated for the payment of rent by" are substituted for the words "within the limits of the appropriations for rent made by any act making appropriations for". The word "is" is substituted for the word "be". The words "so ascertained" and "in the manner provided by sections 41(20) and 250 of Title 28" are omitted as surplusage, since those sections were repealed in 1948 and replaced by sections 1346, 1491, 1496, 1501, 1503, 2401, 2402, and 2501 of that title.

Amendments

2018Pub. L. 115–232 renumbered section 4780 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7781. Cyber Center for Education and Innovation-Home of the National Cryptologic Museum

(a) Establishment.—The Secretary of Defense may establish at a publicly accessible location at Fort George G. Meade the "Cyber Center for Education and Innovation-Home of the National Cryptologic Museum" (in this section referred to as the "Center"). The Center may be used for the identification, curation, storage, and public viewing of materials relating to the activities of the National Security Agency, its predecessor or successor organizations, and the history of cryptology. The Center may contain meeting, conference, and classroom facilities that will be used to support such education, training, public outreach, and other purposes as the Secretary considers appropriate.

(b) Design, Construction, and Operation.—The Secretary may enter into an agreement with the National Cryptologic Museum Foundation (in this section referred to as the "Foundation"), a nonprofit organization, for the design, construction, and operation of the Center.

(c) Acceptance Authority.—

(1) Acceptance of facility.—If the Foundation constructs the Center pursuant to an agreement with the Foundation under subsection (b), upon satisfactory completion of the Center's construction or any phase thereof, as determined by the Secretary, and upon full satisfaction by the Foundation of any other obligations pursuant to such agreement, the Secretary may accept the Center (or any phase thereof) from the Foundation, and all right, title, and interest in the Center or such phase shall vest in the United States.

(2) Acceptance of services.—Notwithstanding section 1342 of title 31, the Secretary may accept services from the Foundation in connection with the design, construction, and operation of the Center. For purposes of this section and any other provision of law, employees or personnel of the Foundation shall not be considered to be employees of the United States.


(d) Fees and User Charges.—

(1) Authority to assess fees and user charges.—The Secretary may assess fees and user charges sufficient to cover the cost of the use of Center facilities and property, including rental, user, conference, and concession fees.

(2) Use of funds.—Amounts received by the Secretary under paragraph (1) shall be deposited into the Fund established under subsection (e).


(e) Fund.—

(1) Establishment.—Upon the Secretary's acceptance of the Center under subsection (c)(1), there is established in the Treasury a fund to be known as the Cyber Center for Education and Innovation-Home of the National Cryptologic Museum Fund (in this section referred to as the "Fund").

(2) Contents.—The Fund shall consist of the following amounts:

(A) Fees and user charges deposited by the Secretary under subsection (d).

(B) Any other amounts received by the Secretary which are attributable to the operation of the Center.


(3) Use of fund.—Amounts in the Fund shall be available to the Secretary for the benefit and operation of the Center, including the costs of operation and the acquisition of books, manuscripts, works of art, historical artifacts, drawings, plans, models, and condemned or obsolete combat materiel.

(4) Continuing availability of amounts.—Amounts in the Fund shall be available without fiscal year limitation.

(Added Pub. L. 114–328, div. B, title XXVIII, §2831(a), Dec. 23, 2016, 130 Stat. 2738, §4781; renumbered §7781, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Amendments

2018Pub. L. 115–232 renumbered section 4781 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.