CHAPTER 979 —REAL PROPERTY
Editorial Notes
Amendments
2021—
2018—
2000—
1997—
1987—
1982—
1980—
1973—
1971—
1958—
Statutory Notes and Related Subsidiaries
Pilot Program To Augment Sustainment With Maintenance Cost Reimbursements From Major Range and Test Facility Base Users at Installations of the Department of the Air Force
"(a)
"(b)
"(c)
"(1)
"(2)
"(A)
"(B)
"(3)
"(d)
"(1)
"(2)
"(e)
"(f)
§9771. Acceptance of donations: land for mobilization, training, supply base, aviation field, or space mission-related facility
The Secretary of the Air Force may accept for the United States a gift of—
(1) land that he considers suitable and desirable for a permanent mobilization, training, or supply base; and
(2) land that he considers suitable and desirable for an aviation field or space mission-related facility, 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,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9771 | 10:1342. 10:1344. |
Aug. 29, 1916, ch. 418 (6th and 8th pars. under "Office of the Chief Signal Officer"), |
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,
Editorial Notes
Amendments
2021—
Par. (2).
[§9772. Repealed. Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792 ]
Section, act Aug. 10, 1956, ch. 1041,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Savings Provision
Repeal by
§9773. Acquisition and construction: installations and depots
(a) The Secretary of the Air Force shall determine the sites of such additional permanent Air Force and Space Force military installations and depots in all strategic areas of the United States and the Commonwealths, possessions, and holdings as he considers necessary. He shall determine when the enlargement of existing installations and depots is necessary for the effective peacetime training of the Air Force or the Space Force.
(b) In determining the sites of new installations and depots, the Secretary shall consider the following regions for the purposes indicated—
(1) the Atlantic northeast, for training in cold weather and in fog;
(2) the Atlantic southeast and Caribbean areas, for training in long-range operations, especially those incident to reinforcing the defenses of the Panama Canal;
(3) the southeastern United States, to provide a depot necessary to maintain the Air Force;
(4) the Pacific northwest, to establish and maintain air communication with Alaska;
(5) Alaska, for training under conditions of extreme cold;
(6) the Rocky Mountain area, to provide a depot necessary to maintain the Air Force, and for training in operations from fields in high altitudes; and
(7) other regions, for the establishment of intermediate installations to provide for transcontinental movements of the Air Force or Space Force for maneuvers.
(c) In selecting sites for installations and depots covered by this section and in determining the alteration or enlargement of existing installations or depots, the Secretary shall consider the need—
(1) to form the nucleus for concentration of Air Force or Space Force units in time of war;
(2) to permit, in time of peace, training and effective planning in each strategic area for the use and expansion of commercial, municipal, and private flying installations in time of war;
(3) to locate, in each strategic area in which it is considered necessary, adequate storage facilities for munitions and other articles necessary to facilitate the movement, concentration, maintenance, and operation of the Air Force or the Space Force; and
(4) to afford the maximum warning against surprise attack by enemy aircraft upon aviation of the United States and its necessary installations consistent with maintaining, in connection with existing or contemplated landing fields, the full power of the Air Force or the Space Force for operations necessary in the defense of the United States, and in the defense and reinforcement of the Commonwealths, possessions, and holdings.
(d) In carrying out this section, the Secretary, on behalf of the United States, may acquire title, in fee simple and free of encumbrance, to any land that he considers necessary—
(1) by accepting title without cost to the United States;
(2) by exchanging military reservations or parts thereof for that land, upon the written approval of the President; or
(3) by purchase or condemnation, if acquisition by gift or exchange is impracticable.
(e) The Secretary may, by purchase, gift, lease, or otherwise, acquire at desired locations bombing and machine gun ranges necessary for practice by, and the training of, tactical units.
(f) At each installation or depot established under this section, the Secretary shall remove or remodel existing structures as necessary; do necessary grading; and provide buildings, utilities, communication systems, landing fields and mats, roads, walks, aprons, docks, runways, facilities for the storage and distribution of ammunition, fuel, oil, necessary protection against bombs, and all appurtenances to the foregoing.
(g) The Secretary may direct the transportation of personnel, and the purchase, renovation, and transportation of material, that he considers necessary to carry out this section.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9773(a) 9773(b) |
10:1343a (1st sentence). 10:1343a (2d sentence). |
Aug. 12, 1935, ch. 511, §§1–3, |
| 9773(c) | 10:1343a (less 1st and 2d sentences). | |
| 9773(d) | 10:1343b. | |
| 9773(e) | 10:1343c (last sentence). | |
| 9773(f) | 10:1343c (1st sentence). | |
| 9773(g) | 10:1343c (2d sentence). |
In subsection (a), the word "shall" is substituted for the words "is authorized and directed to". The words "Territories, Commonwealths," are substituted for the word "Alaska" to make it clear that the section covers all territory of the United States. The words "Air Force" are substituted for the words "General Headquarters Air Force and the Air Corps components of our overseas garrisons".
In subsection (b), the words "to provide", "to permit", "in addition", and "incident to the concentration of" are omitted as surplusage.
In subsection (c), the introductory clause is substituted for 10:1343a (1st 41 words of 3d sentence). The words "to locate" are substituted for the words "there shall be provided". The words "aviation of the United States" are substituted for the words "our own aviation". The words, "Territories, Commonwealths," are inserted to conform to subsection (a). The words "The stations shall be suitably located", "of the set-up", "by responsible personnel", "there shall be provided", "General Headquarters", "in peace and war", "such close and distant * * * over land and sea", and "The stations and depots shall be located with a view", and 10:1343a (4th clause of 3d sentence) are omitted as surplusage.
In subsection (d), clause (3) is substituted for 10: 1343b (last 26 words). 10:1043b (24 words before 1st proviso) is omitted as surplusage.
In subsection (f), the word "shall" is substituted for the words "is further authorized and directed to". The word "provide" is substituted for the words "construct, install, and equip, or complete the construction, installation, and equipment". The words "technical buildings and utilities" are omitted as covered by the words "buildings" and "utilities". The words "sewer, water, power, station and aerodrome lighting" are omitted as covered by the word "utilities". The words "communication systems" are substituted for the words "telephone and signal communications". The words "appurtenances to the foregoing" are substituted for the words "other essentials".
Editorial Notes
Amendments
2021—
Subsec. (a).
Subsec. (b).
Subsec. (b)(7).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(3), (4).
Subsec. (f).
2006—Subsecs. (a), (c)(4).
[§9774. Repealed. Pub. L. 97–214, §7(1), July 12, 1982, 96 Stat. 173 ]
Section, acts Aug. 10, 1956, ch. 1041,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal 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
[§9775. Repealed. Pub. L. 92–145, title V, §509(b), Oct. 27, 1971, 85 Stat. 408 ]
Section, act Aug. 10, 1956, ch. 1041,
§9776. Emergency construction: fortifications
If in an emergency the President considers it urgent, a temporary installation or fortification may be built on private land if the owner consents in writing.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9776 | 50:178. | Apr. 11, 1898, J. Res. 21, |
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.
Editorial Notes
Amendments
2021—
1970—
§9777. Permits: military reservations; landing ferries, erecting bridges, driving livestock
Whenever the Secretary of the Air Force 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,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9777 | 10:1348. | July 5, 1884, ch. 214, §6, |
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
§9778. Licenses: military reservations; erection and use of buildings; Young Men's Christian Association
Under such conditions as he may prescribe, the Secretary of the Air Force 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 within 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 Air Force on those reservations.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9778 | 10:1346. | May 31, 1902, ch. 943, |
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 Air Force" are substituted for the word "garrisons". The words "the Territories, Commonwealths, and possessions" are substituted for the words "or its island possessions", for clarity.
Editorial Notes
Amendments
2006—
§9779. Use of public property
(a) When the economy of the Air Force or the Space Force so requires, the Secretary of the Air Force shall establish military headquarters in places where suitable buildings are owned by the United States.
(b) No money appropriated for the support of the Air Force or the Space Force may be spent for base gardens or Air Force exchanges. However, this does not prevent Air Force exchanges from using public buildings or public transportation that, in the opinion of the Secretary, are not needed for other purposes.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9779(a) 9779(b) |
10:1332. 10:1345. |
June 23, 1879, ch. 35, §8, |
| 9779(c) | 10:1335. | Aug. 1, 1914, ch. 223 (2d par. under "Quartermaster Corps"), |
| July 16, 1892, ch. 195 (last proviso under "Quartermaster's Department"), |
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".
In subsection (c), the words "the Secretary" are substituted for the words "the Quartermaster General", since the functions which, for the Army, are assigned by statute to subordinate officers of the Army, are, for the Air Force, assigned to the Secretary.
Editorial Notes
Amendments
2021—Subsec. (a).
Subsec. (b).
1986—Subsecs. (b), (c).
§9780. Acquisition of buildings in District of Columbia
(a) In time of war or when war is imminent, the Secretary of the Air Force 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 Air Force, 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 Air Force, 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
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9780(a) 9780(b) |
40:37. 40:41. |
July 9, 1918, ch. 143 (3d proviso under "Barracks and Quarters"), |
| July 8, 1918, ch. 139 (2d par. under "War Department"), |
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
§9781. Disposition of real property at missile sites
(a)(1) The Administrator of General Services shall dispose of the interest of the United States in any tract of real property described in paragraph (2) or in any easement held in connection with any such tract of real property only as provided in this section.
(2) The real property referred to in paragraph (1) is any tract of land (including improvements thereon) owned by the Department of the Air Force that—
(A) is not required for the needs of the Department of the Air Force and the discharge of the responsibilities of the Department of the Air Force, as determined by the Secretary of the Air Force;
(B) does not exceed 25 acres;
(C) was used by the Department of the Air Force as a site for one or more missile launch facilities, missile launch control buildings, or other facilities to support missile launch operations; and
(D) is surrounded by lands that are adjacent to such tract and that—
(i) are owned in fee simple by one owner, either individually or by more than one person jointly, in common, or by the entirety; or
(ii) are owned separately by two or more owners.
(b)(1)(A) Whenever the interest of the United States in a tract of real property or easement referred to in subsection (a) is available for disposition under this section, the Administrator shall transmit a notice of the availability of the real property or easement to each person described in subsection (a)(2)(D)(i) who owns lands adjacent to that real property or easement.
(B) The Administrator shall convey, for fair market value, the interest of the United States in a tract of land referred to in subsection (a), or in any easement in connection with such a tract of land, to any person or persons described in subsection (a)(2)(D)(i) who, with respect to such land, are ready, willing, and able to purchase such interest for the fair market value of such interest.
(2)(A) In the case of a tract of real property referred to in subsection (a) that is surrounded by adjacent lands that are owned separately by two or more owners, the Administrator shall dispose of that tract of real property in accordance with this paragraph. In disposing of the real property, the Administrator shall satisfy the requirements specified in paragraph (1) regarding notice to owners, sale at fair market value, and the determination of the qualifications of the purchaser.
(B) The Administrator shall dispose of such a tract of real property through a sealed bid competitive sale. The Administrator shall afford an opportunity to compete to acquire the interest of the United States in the real property to all of the persons described in subsection (a)(2)(D)(ii) who own lands adjacent to that real property. The Administrator shall restrict to these persons the opportunity to compete in the sealed bid competitive sale.
(C) Subject to subparagraph (D), the Administrator shall convey the interest of the United States in the tract of real property to the highest bidder.
(D) If all of the bids received by the Administrator in the sealed bid competitive sale of the tract of real property are less than the fair market value of the real property, the Administrator shall dispose of the real property in accordance with the provisions of
(c) The Administrator shall determine the fair market value of the interest of the United States to be conveyed under this section.
(d) The requirement to determine whether any tract of land described in subsection (a)(2) is excess property or surplus property under
(e) The disposition of a tract of land under this section to any person shall be subject to (1) any easement retained by the Secretary of the Air Force with respect to such tract, and (2) such additional terms and conditions as the Administrator considers necessary or appropriate to protect the interests of the United States.
(f) The exact acreage and legal description of any tract of land to be conveyed under this section shall be determined in any manner that is satisfactory to the Administrator. The cost of any survey conducted for the purpose of this subsection in the case of any tract of land shall be borne by the person or persons to whom the conveyance of such tract of land is made.
(g) If any real property interest of the United States described in subsection (a) is not purchased under the procedures provided in subsections (a) through (f), such tract may be disposed of only in accordance with subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(Added
Editorial Notes
Amendments
2021—Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(2)(C).
2011—Subsec. (g).
2003—Subsec. (g).
2002—Subsec. (b)(2)(D).
Subsec. (d).
Subsec. (g).
1993—Subsec. (a)(1).
Subsec. (a)(2)(D).
Subsec. (b).
Subsec. (c).
Subsec. (e).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by
§9782. Maintenance and repair of real property
(a)
(b)
(c)
(d)
(Added
Editorial Notes
Amendments
2021—Subsecs. (c), (d).
§9783. Johnston Atoll: reimbursement for support provided to civil air carriers
(a)
(1) requested by the civil air carrier; or
(2) determined under the regulations as being necessary to accommodate the civil air carrier's use of Johnston Atoll.
(b)
(c)
(d)
(A) For support provided by the Air Force, to appropriations available for the Air Force for operation and maintenance.
(B) For support provided by the Army, to appropriations available for the Army for chemical demilitarization.
(2) Amounts credited to an appropriation under paragraph (1) shall be merged with funds in that appropriation and shall be available, without further appropriation, for the purposes and period for which the appropriation is available.
(e)
(1) The term "civil air carrier" means an air carrier (as defined in
(2) The term "support" includes fuel, fire rescue, use of facilities, improvements necessary to accommodate use by civil air carriers, police, safety, housing, food, air traffic control, suspension of military operations on the island (including operations at the Johnston Atoll Chemical Agent Demilitarization System), repairs, and any other construction, services, or supplies.
(Added
Editorial Notes
Amendments
2001—Subsec. (e)(1).