10 USC 183 - Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions

1 So in original. The semicolon probably should be a comma.

the Malmstrom Air Force Base, and the Minot Air Force Base, and their respective missile fields.

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsecs. (e)(1)(B)(ii) and (h)(2)(B)(i), is the date of enactment of Puspan. L. 118–31, which was approved Dec. 22, 2023.

Amendments

2023—Puspan. L. 118–31, § 362(span)(1), inserted “or antenna structure projects” after “energy projects” wherever appearing and inserted “or antenna structure project” after “energy project” wherever appearing except in subsecs. (e)(1) and (h)(2).

Subsec. (c)(3). Puspan. L. 118–31, § 361, inserted “The Clearinghouse shall ensure that a governor has at least 30 days after the date on which the governor receives the notice of presumed risk to provide any such comments and shall provide detailed information and other information necessary to ensure that the governor can fully understand the nature of the presumed risk.” after “to the application.”

Subsec. (d)(2)(B). Puspan. L. 118–31, § 362(a)(1)(A), inserted “or any active intercontinental ballistic missile launch facility or control center” after “military training routes”.

Subsec. (d)(2)(E). Puspan. L. 118–31, § 362(a)(1)(B), substituted “a Deputy Under Secretary of Defense, or, in the case of a geographic area of concern related to an active intercontinental ballistic missile launch facility or control center, the Assistant Secretary of Defense for Energy, Installations, and Environment” for “or a Deputy Under Secretary of Defense”.

Subsec. (e)(1). Puspan. L. 118–31, § 362(a)(2), designated first sentence as subpar. (A) and inserted “or antenna structure project” after “energy project”, designated second sentence as subpar. (C) and substituted “Any finding of unacceptable risk to national security by the Secretary of Defense under this paragraph” for “The Secretary of Defense’s finding of unacceptable risk to national security”, and added subpar. (B) after subpar. (A) as so designated.

Subsec. (h)(2) to (11). Puspan. L. 118–31, § 362(span)(2), added pars. (2) and (3) and redesignated former pars. (2) to (9) as (4) to (11), respectively.

2021—Subsec. (c)(2). Puspan. L. 116–283, § 311(1), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (c)(2)(C). Puspan. L. 117–81, § 371(span)(1), added subpar. (C).

Subsec. (c)(4) to (6). Puspan. L. 116–283, § 311(2), (3), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. Former par. (6) redesignated (7).

Subsec. (c)(7). Puspan. L. 116–283, § 311(2), (4), redesignated par. (6) as (7) and struck out “Any setback for a project pursuant to the previous sentence shall not be more than what is determined to be necessary by a technical analysis conducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity.” before “Material marked”.

Subsec. (c)(8). Puspan. L. 117–81, § 371(span)(2), added par. (8).

2019—Subsec. (c)(1). Puspan. L. 116–92, § 311, substituted “75 days” for “60 days” in introductory provisions.

Subsec. (c)(6). Puspan. L. 116–92, § 371(1), in second sentence, substituted “air route surveillance radar, airport surveillance radar, or wide area surveillance over-the-horizon radar” for “air route surveillance radar or airport surveillance radar” and inserted after second sentence “Any setback for a project pursuant to the previous sentence shall not be more than what is determined to be necessary by a technical analysis conducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity.”

Subsec. (d)(2)(E). Puspan. L. 116–92, § 371(2)(A), substituted “the Deputy Secretary of Defense, an Under Secretary of Defense, or a Deputy Under Secretary of Defense” for “a Deputy Secretary of Defense, an Under Secretary of Defense, or a Principal Deputy Under Secretary of Defense”.

Subsec. (d)(3), (4). Puspan. L. 116–92, § 371(2)(B), (C), added par. (3) and redesignated former par. (3) as (4).

Subsec. (e)(3). Puspan. L. 116–92, § 371(3), substituted “an Under Secretary of Defense, or a Deputy Under Secretary of Defense” for “an under secretary of defense, or a deputy under secretary of defense”.

Subsec. (f). Puspan. L. 116–92, § 371(4), which directed the substitution of “from an entity requesting a review by the Clearinghouse under this section” for “from an applicant for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49”, could not be executed because of the intervening amendment by Puspan. L. 116–92, § 312. See note below.

Puspan. L. 116–92, § 312, substituted “for an energy project” for “for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49”.

Subsec. (h)(3) to (9). Puspan. L. 116–92, § 371(5), added par. (3), redesignated former pars. (3) to (6) as (4) to (7), respectively, in par. (7) substituted “the Administrator of the Federal Aviation Administration” for “the Federal Aviation Administration”, added par. (8), and redesignated former par. (7) as (9).

Statutory Notes and Related Subsidiaries

Applicability of Existing Rules and Regulations

Puspan. L. 115–91, div. A, title III, § 311(c), Dec. 12, 2017, 131 Stat. 1348, provided that:

“Notwithstanding the amendments made by subsection (a) [enacting this section], any rule or regulation promulgated to carry out section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 [Puspan. L. 111–383] (49 U.S.C. 44718 note), that is in effect on the day before the date of the enactment of this Act [Dec. 12, 2017] shall continue in effect and apply to the extent such rule or regulation is consistent with the authority under section 183a of title 10, United States Code, as added by subsection (a), until such rule or regulation is otherwise amended or repealed.”

Deadline for Initial Identification of Geographic Areas

Puspan. L. 115–91, div. A, title III, § 311(d), Dec. 12, 2017, 131 Stat. 1348, provided that:

“The initial identification of geographic areas under section 183a(d)(2)(B) of title 10, United States Code, as added by subsection (a), shall be completed not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017].”