US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 2664

Limitations on real property acquisition

(a)

Authorization for Acquisition Required .—

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 subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(b)

Commissions on Land Purchase Contracts .—

The maximum amount payable as a commission on a contract for the purchase of land from funds appropriated for the Department of Defense is two percent of the purchase price.
(c)

Cost Limitations .—

(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)
Until subsection (d) is complied with, 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.
(d)

Congressional Notification .—

section 480 of this titleThe 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 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 congressional defense committees. A contract for the acquisition may then be awarded only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to .
(e)

Payment of Judgements and Settlements .—

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).

Pub. L. 85–861, § 1(51)72 Stat. 1460Pub. L. 93–166, title VI, § 608(2)87 Stat. 682Pub. L. 97–214, § 596 Stat. 170Pub. L. 98–407, title VIII, § 80298 Stat. 1519Pub. L. 99–661, div. A, title XIII, § 1343(a)(17)(A)100 Stat. 3993Pub. L. 102–190, div. B, title XXVIII, § 2870(1)105 Stat. 1562Pub. L. 107–217, § 3(b)(14)116 Stat. 1296Pub. L. 107–314, div. A, title X, § 1062(a)(11)116 Stat. 2650Pub. L. 108–136, div. A, title X, § 1031(a)(30)117 Stat. 1600Pub. L. 108–375, div. A, title X, § 1084(b)(4)118 Stat. 2061Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(10)119 Stat. 3512Pub. L. 111–350, § 5(b)(45)124 Stat. 3846Pub. L. 115–91, div. B, title XXVIII, § 2811(d)131 Stat. 1848(Added , , , § 2676; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 2664 and amended , (b)–(d), , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

2676

[Uncodified].

July 27, 1954, ch. 579, § 501(b) (less provisos), 68 Stat. 560.

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.

Editorial Notes

Codification

section 2661(c) of this titlePub. L. 109–163, § 2821(d)Pub. L. 108–375, div. B, title XXVIII, § 2821(a)(1)118 Stat. 2129The text of , which was transferred to this section and redesignated subsec. (b) by , was based on , , .

Prior Provisions

Aug. 10, 1956, ch. 104170A Stat. 148Pub. L. 85–861, § 33(a)(15)72 Stat. 1565Pub. L. 96–513, title V, § 511(90)94 Stat. 2928Pub. L. 97–31, § 12(3)(A)95 Stat. 153Pub. L. 97–295, § 1(32)96 Stat. 1296Pub. L. 100–26, § 7(d)(6)101 Stat. 281Pub. L. 108–375, div. B, title XXVIII, § 2821(b)118 Stat. 2129A prior section 2664, acts , ; , , ; , , ; , , ; , , ; , , , related to acquisition of property for lumber production, prior to repeal by , , .

Amendments

Pub. L. 115–912017—Subsec. (d). struck out “written” before “notification of the facts” and “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided” before “in an electronic medium” and substituted “the end of the 14-day period beginning on” for “a period of 21 days elapses from”.

Pub. L. 111–35041 U.S.C. 25141 U.S.C. 2512011—Subsec. (a). , which directed substitution “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949, as amended ( et seq.)”, was executed by making the substitution for “title III of the Federal Property and Administrative Services Act of 1949 ( et seq.)” to reflect the probable intent of Congress.

Pub. L. 109–163, § 2821(c)section 2676 of this title2006—, renumbered as this section and substituted “Limitations on real property acquisition” for “Acquisition: limitation” in section catchline.

Pub. L. 109–163, § 2821(b)(1)Subsec. (a). , inserted heading and struck out “, as amended” after “Federal Property and Administrative Services Act of 1949” in text.

Pub. L. 109–163, § 2821(d)section 2661 of this titleSubsec. (b). , redesignated subsec. (c) of as subsec. (b) of this section.

Pub. L. 109–163, § 2821(a)(10)section 2663 of this title, transferred subsec. (b) to .

Pub. L. 109–163, § 2821(b)(2)(A)Subsec. (c). , inserted heading.

Pub. L. 109–163, § 2821(b)(2)(B)Subsec. (c)(2). , substituted “Until subsection (d) is complied with, a land” for “A land” in introductory provisions and “lesser.” for “lesser,” in subpar. (B) and struck out concluding provisions which read “until subsection (d) is complied with.”

Pub. L. 109–163, § 2821(b)(3)Subsec. (d). , inserted heading.

Pub. L. 109–163, § 2821(b)(4)Subsec. (e). , inserted heading.

Pub. L. 108–3752004—Subsec. (d). substituted “congressional defense committees” for “appropriate committees of Congress”.

Pub. L. 108–136section 480 of this title2003—Subsec. (d). inserted before period at end “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided in an electronic medium pursuant to ”.

Pub. L. 107–3142002—Subsec. (a). inserted opening parenthesis before “41 U.S.C.”.

Pub. L. 107–21741 U.S.C. 25140 U.S.C. 471 inserted “subtitle I of title 40 and title III of” before “the Federal Property and Administrative Services Act of 1949” and substituted “ et seq.)” for “( et seq.)”.

Pub. L. 102–1901991—Subsec. (d). 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.

Pub. L. 99–6611986—Subsec. (c)(2)(B). amended generally language of subpar. (B) before “exceeds the amount”. See 1984 Amendment note below.

Pub. L. 98–407, § 802(1)1984—Subsec. (c)(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” in provisions preceding subpar. (A).

Pub. L. 98–407, § 802(2)Pub. L. 98–407Subsec. (c)(2)(B). , 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 that made a reference to a nonexistent comma following “the agreed price for the land”. See 1986 Amendment note above.

Pub. L. 98–407, § 802(3)Subsec. (e). , added subsec. (e).

Pub. L. 97–2141982— designated existing provisions as subsec. (a) and added subsecs. (b) to (d).

Pub. L. 93–1661973— made limitation inapplicable to property acquired under authority of Administrator of General Services to acquire property by exchange of Government property.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–661, div. A, title XIII, § 1343(a)(17)(B)100 Stat. 3993

Public Law 98–40798 Stat. 1519“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 (; ) [amending this section].”
, , , provided that:

Effective Date of 1982 Amendment

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