§ 2684a.
Agreements to limit encroachments and other constraints on military training, testing, and operations
(a)
Agreements Authorized.—
The Secretary of Defense or the Secretary of a military department may enter into an agreement with an eligible entity or entities described in subsection (b) to address the use or development of real property in the vicinity of, or ecologically related to, a military installation, as well as a State-owned National Guard installation, or military airspace for purposes of—
(1)
limiting any development or use of the property that would be incompatible with the mission of the installation;
(2)
preserving habitat on the property in a manner that—
(A)
is compatible with environmental requirements; and
(B)
may eliminate or relieve current or anticipated environmental restrictions that would or might otherwise restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on the installation;
(3)
maintaining or improving military installation resilience; or
(4)
protecting Clear Zone Areas from use or encroachment that is incompatible with the mission of the installation.
(j)
Funding.—
(1)
Except as provided in paragraph (2), funds authorized to be appropriated for operation and maintenance of the Army, Navy, Marine Corps, Air Force, Space Force, or Defense-wide activities may be used to enter into agreements under this section.
(2)
In the case of a military installation operated primarily with funds authorized to be appropriated for research, development, test, and evaluation, funds authorized to be appropriated for the Army, Navy, Marine Corps, Air Force, Space Force, or Defense-wide activities for research, development, test, and evaluation may be used to enter into agreements under this section with respect to the installation.
(3)
Funds obligated to carry out an agreement under this section shall be available for use with regard to any property in the geographic scope specified in the agreement—
(A)
at the time the funds are obligated; and
(B)
in any subsequent modification to the agreement.
(Added [Pub. L. 107–314, div. B, title XXVIII, § 2811(a)], Dec. 2, 2002, [116 Stat. 2705]; amended [Pub. L. 109–163, div. B, title XXVIII, § 2822], Jan. 6, 2006, [119 Stat. 3513]; [Pub. L. 109–364, div. B, title XXVIII, § 2811(g)], Oct. 17, 2006, [120 Stat. 2473]; [Pub. L. 110–181, div. B, title XXVIII, § 2825], Jan. 28, 2008, [122 Stat. 545]; [Pub. L. 111–84, div. A, title X, § 1073(a)(27)], Oct. 28, 2009, [123 Stat. 2474]; [Pub. L. 111–383, div. A, title X, § 1075(b)(43)], Jan. 7, 2011, [124 Stat. 4371]; [Pub. L. 112–81, div. B, title XXVIII, § 2813], Dec. 31, 2011, [125 Stat. 1687]; [Pub. L. 113–66, div. A, title III, § 312(a)], Dec. 26, 2013, [127 Stat. 729]; [Pub. L. 113–291, div. A, title X, § 1071(f)(23)], Dec. 19, 2014, [128 Stat. 3511]; [Pub. L. 115–91, div. B, title XXVIII, § 2811(g)], Dec. 12, 2017, [131 Stat. 1848]; [Pub. L. 115–232, div. A, title III, § 312(i)], div. B, title XXVIII, § 2827(b)(1), Aug. 13, 2018, [132 Stat. 1711], 2270; [Pub. L. 116–283, div. A, title III], §§ 312(a)–(b)(2), (c), 315(b), title IX, § 924(b)(33), title X, § 1081(d)(12), Jan. 1, 2021, [134 Stat. 3513–3515], 3826, 3874;