Rule2024-25773
Definition of Military Installation and the List of Military Installations in the Regulations Pertaining to Certain Transactions by Foreign Persons Involving Real Estate in the United States
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 7, 2024
Effective
December 9, 2024
Issuing agencies
Treasury DepartmentInvestment Security Office
Abstract
This final rule amends the regulations of the Committee on Foreign Investment in the United States pertaining to transactions involving the purchase or lease by, or concession to, a foreign person of certain real estate in the United States. Specifically, the final rule amends the regulations by adding, moving, and removing certain military installations on the appendix at parts 1 and 2; makes corresponding revisions to the definition of the term "military installation"; makes technical amendments to update the name or location information for certain military installations already listed on the appendix; and amends the applicability rule regarding changes to the regulations.
Full Text
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<title>Federal Register, Volume 89 Issue 216 (Thursday, November 7, 2024)</title>
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[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Rules and Regulations]
[Pages 88128-88136]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25773]
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DEPARTMENT OF THE TREASURY
Office of Investment Security
31 CFR Part 802
RIN 1505-AC88
Definition of Military Installation and the List of Military
Installations in the Regulations Pertaining to Certain Transactions by
Foreign Persons Involving Real Estate in the United States
AGENCY: Office of Investment Security, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This final rule amends the regulations of the Committee on
Foreign Investment in the United States pertaining to transactions
involving the purchase or lease by, or concession to, a foreign person
of certain real estate in the United States. Specifically, the final
rule amends the regulations by adding, moving, and removing certain
military installations on the appendix at parts 1 and 2; makes
corresponding revisions to the definition of the term ``military
installation''; makes technical amendments to update the name or
location information for certain military installations already listed
on the appendix; and amends the applicability rule regarding changes to
the regulations.
DATES: This final rule is effective on December 9, 2024.
FOR FURTHER INFORMATION CONTACT: Meena R. Sharma, Director, Office of
Investment Security Policy and International Relations, at U.S.
Department of the Treasury, 1500 Pennsylvania Avenue NW, Washington, DC
20220; telephone: (202) 622-3425; email:
<a href="/cdn-cgi/l/email-protection#dd9e9b94888ef38fb8baa8b1bca9b4b2b3ae9da9afb8bcaea8afa4f3bab2ab"><span class="__cf_email__" data-cfemail="84c7c2cdd1d7aad6e1e3f1e8e5f0edebeaf7c4f0f6e1e5f7f1f6fdaae3ebf2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The regulations at part 802 to title 31 of the Code of Federal
Regulations (part 802) implement the provisions in section 721 of the
Defense Production Act (DPA) of 1950, as amended, which are codified at
50 U.S.C. 4565 (section 721), and establish the process and procedures
of the Committee on Foreign Investment in the United States (CFIUS or
the Committee) with respect to reviewing transactions involving the
purchase or lease by, or concession to, a foreign person of certain
real estate in the United States. Section 721 authorizes the president
or his designee (i.e., CFIUS) to review certain real estate
transactions by foreign persons where the real estate at issue is
located in the United States and (a) is located within, or will
function as part of, an air or maritime port; or (b) is in close
proximity to a United States military installation or another facility
or property of the U.S. Government that is sensitive for reasons
relating to national security; could reasonably provide the foreign
person the ability to collect intelligence on activities being
conducted at such an installation, facility, or property; or could
otherwise expose national security activities at such an installation,
facility, or property to the risk of foreign surveillance.
The appendix to the current regulations at part 802 (appendix A or
the appendix) identifies certain military installations around which
certain real estate transactions are subject to CFIUS's jurisdiction.
As noted in the preamble to the final rule establishing part 802 in
2020 (see 85 FR 3158), the military installations listed in the
appendix were identified by the U.S. Department of Defense (Department
of Defense) based upon an evaluation of national security
considerations. The specific military installations are listed in
appendix A by name and location (or township/range), and section
802.227
[[Page 88129]]
sets forth the category descriptions of the military installations
identified in appendix A. The locations listed in appendix A are
intended to aid in the identification of the relevant installations
only and do not represent specific boundaries of the installations for
purposes of determining whether a transaction is a covered real estate
transaction.
The U.S. Department of the Treasury (Treasury Department) initially
established part 802 through the final rule that became effective on
February 13, 2020 (85 FR 3158). The Treasury Department subsequently
made amendments to part 802 by adding eight military installations to
appendix A and making technical changes that became effective on
September 22, 2023 (September 2023 Rule) (88 FR 57348). Most recently,
on July 19, 2024, the Treasury Department published a notice of
proposed rulemaking (Proposed Rule) (89 FR 58653) that would: (1) add
59 military installations to the appendix at parts 1 and 2; (2) move
eight military installations from part 1 to part 2; (3) remove one
installation from part 1 and two installations from part 2; (4) revise
the definition of the term ``military installation''; (5) make
technical amendments to the names of 14 installations already listed on
the appendix; and (6) update the locations of seven installations
already listed on the appendix.
The public was given an opportunity to comment on the Proposed
Rule, and comments were due by August 19, 2024. The comments received
are available on the public rulemaking docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (Docket TREAS-DO-2024-0010-0001).
II. Summary of Comments
During the public comment period, the Treasury Department received
more than 40 comment submissions reflecting a range of views. The
Treasury Department considered each comment before issuing this final
rule (Final Rule). Discussed below are the comments received and the
Treasury Department's responses in consideration of the comments.
Several commenters expressed the view that certain other military
installations should be included in appendix A due to the nature of
their operations and one commenter noted that any military or sensitive
location should be considered for inclusion. Multiple commenters stated
that Camp Grayling in Michigan should be added to appendix A. One
commenter suggested three additional installations in Michigan for
inclusion: Selfridge Air National Guard Base, Fort Custer, and Kellogg
Air National Guard Base. Other commenters expressed support for the
proposed inclusion of Whiteman Air Force Base in Missouri and suggested
also including Ebbing Air National Guard Base in Arkansas.
One commenter requested that the one-mile boundary around
installations on part 1 of appendix A be extended to 30 miles. The
commenter also requested that Marine Corps Air Station Cherry Point in
North Carolina be moved from part 1 to part 2 of appendix A given the
nature of the military operations at the site and that the location of
this facility in the regulations be updated to Havelock, NC since it is
within the city limits.
The Final Rule makes no changes in response to these comments.
Consistent with the Proposed Rule, the Final Rule adds Camp Grayling
and Whiteman Air Force Base to the list of military installations at
part 2 of appendix A. The Department of Defense identified the military
installations that are the subject of this Final Rule after a
comprehensive assessment that it conducted including through
coordination across all military services, considering factors such as
the operations, assets, missions, and training at each installation and
appropriateness for coverage under section 721. Regarding any military
installations not included in the Final Rule, the Department of Defense
will continue on an ongoing basis to assess its military installations
and the geographic scope set under part 802 to ensure appropriate
application in light of national security considerations. Consistent
with the authority under section 721(a)(4)(B)(ii), CFIUS is authorized
to review certain real estate transactions in close proximity to
facilities or properties of the U.S. Government that are sensitive for
reasons relating to national security. The list of installations
provided in the Proposed Rule reflects the Department of Defense's
recent comprehensive assessment of its military installations in light
of national security considerations. In the future, CFIUS may add other
U.S. Government facilities or properties to the list of sites
identified in appendix A, as appropriate and in consultation with CFIUS
member agencies and other relevant departments and agencies of the U.S.
Government. In response to the comment regarding the location of Marine
Corps Air Station Cherry Point, the location as listed in the Proposed
Rule (Cherry Point, NC) is accurate.
Multiple commenters referenced a particular company and some
expressed the view that the company should not be permitted to build an
electric vehicle battery facility in Michigan. Several commenters noted
that the location for the facility is near Camp Grayling, which the
Proposed Rule would have added to the list of military installations in
part 2 of appendix A. Further, some commenters expressed concerns about
the particular company and suggested CFIUS review a specific
transaction involving the company. One commenter also suggested that
the Proposed Rule should apply retroactively so that CFIUS can review
the particular transaction noted.
The Final Rule makes no changes in response to the comments
regarding a particular company and a specific transaction. It would be
inappropriate and outside the scope of the Committee's rulemaking
authority to specify the application of the regulations to a particular
entity or a specific transaction in the course of a rulemaking. Filing
transactions with CFIUS under part 802 is a voluntary process. CFIUS
reviews covered transactions to determine the effects of the
transaction on the national security of the United States and conducts
this review on a case-by-case basis in light of the specific facts and
circumstances. If any risks to the national security of the United
States arise as a result of a transaction within the jurisdiction of
CFIUS, the Committee conducts a risk-based analysis consistent with the
requirements in section 721(l)(4)(A) and the regulations at section
802.102. The Committee welcomes those who wish to provide tips and
referrals about a particular transaction or entity to visit <a href="https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/tips-and-referrals">https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/tips-and-referrals</a>.
Regarding timing and applicability, this Final Rule does not apply
retroactively to any transaction for which (1) the completion date is
prior to the effective date set forth herein; or (2) the parties to the
transaction have executed, prior to the effective date set forth
herein, a binding written agreement, or other binding document,
establishing the material terms of the transaction. This Final Rule
takes effect 30 days from the date of publication in the Federal
Register. In response to the comment about the application of the rule,
the Final Rule amends the applicability rule at section 802.104 to
clarify that neither the Final Rule nor the September 2023 Rule applies
retroactively.
Several commenters expressed the view that foreign persons should
be prohibited from purchasing any land in the United States, including
land near
[[Page 88130]]
military installations. One commenter suggested that no foreign company
should be allowed to build on real estate within 100 miles of a
military installation.
The Final Rule makes no changes in response to these comments.
CFIUS operates within the United States' longstanding open investment
policy and, consistent with its statutory authority, takes action only
with respect to certain foreign investments that pose national security
concerns based on a transaction-specific assessment. A categorical
prohibition on real estate transactions by foreign persons would not be
consistent with CFIUS's statutory authority or the open investment
policy of the United States. Instead, in instances where the Committee
determines that there is a national security risk arising from a
transaction, and that no other authorities are adequate to mitigate
that risk, the Committee, pursuant to its statutory authority under
section 721(l)(3), may negotiate, enter into, or impose, and enforce
any agreement or condition with any party to the transaction to
mitigate the national security risk arising from the transaction or,
pursuant to the authority under section 721(l)(2), may refer the
transaction to the President for decision. Pursuant to the authority
under section 721(d), the President may suspend or prohibit a covered
transaction that threatens to impair the national security of the
United States. Accordingly, the risk-based approach and the authority
provided in the CFIUS statute allow the Committee and the President to
take action as necessary in light of national security considerations
without unduly restricting broad categories of foreign investment in
the United States.
Multiple commenters noted legal and policy dynamics around U.S.
states having introduced or enacted legislation restricting the
purchase of real estate by foreign persons. Commenters suggested that
the Treasury Department and CFIUS educate lawmakers, coordinate a
federal response, consider any impacts on civil rights, and coordinate
with civil society.
The Final Rule makes no changes in response to these comments.
CFIUS values the views of civil society and recognizes the importance
of educating the public regarding CFIUS jurisdiction and processes.
CFIUS reviews covered transactions to determine the effects of the
transaction on the national security of the United States and conducts
this review on a case-by-case basis. If any risks to the national
security of the United States are present, CFIUS conducts a risk-based
analysis and analyzes the particular facts and circumstances of the
transaction consistent with the requirements in section 721(l)(4)(A)
and the regulations at section 802.102. The Committee welcomes those
who wish to communicate on matters relating to investment security more
broadly to reach out to the Treasury Department; contact information is
available at <a href="https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-contact-information">https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-contact-information</a>.
Commenters also requested clarity regarding the scope of the
Proposed Rule, to include any impact the rule would have on property
owners, businesses, and real estate professionals, and what, if any,
exemptions for coverage exist. One commenter also requested
clarification regarding whether outlying assets of installations (e.g.,
auxiliary sites, component installations, etc.) that meet the
definition of military installation in the regulations at section
802.227 are covered by CFIUS's jurisdiction.
The Final Rule makes no changes in response to these comments.
Exceptions to CFIUS's jurisdiction over real estate transactions are
provided for in statute (see section 721(a)(4)(C)(i)) and in
regulations (see section 802.216). With respect to the military
installations (and assets thereof) around which CFIUS has jurisdiction
under part 802, the geographic reference tool available on the CFIUS
website can be a helpful resource in identifying the boundaries of
military installations. Auxiliary sites, subordinate sites, and other
Department of Defense facilities that are geographically separate from
their parent installation, and which meet the definition of military
installation, are included in the geographic reference tool. Note that
the geographic tool is provided for reference only; it should not be
interpreted as guidance or an advisory opinion by CFIUS with respect to
any particular transaction.
The Treasury Department also received some comments that did not
address any specific provision of the Proposed Rule. One comment
submission referenced ``family'' with no other content, another raised
concern over certain chemicals, and a third suggested that only tax-
paying U.S. citizens can own property in the United States. The Final
Rule makes no changes in response to these comments.
III. Discussion of the Final Rule
A. Amendments to the Military Installations Listed in Appendix A
The appendix to the regulations at part 802 identifies certain
bases, ranges, and other installations that, for the purposes of the
regulation, meet the definition of ``military installation'' at section
802.227 and, to assist in the identification of such installations, the
related location (or township/range) information. The appendix is
important for determining whether a transaction is a covered real
estate transaction because of a nearby military installation. As
relevant to this Final Rule, the installations identified in the
appendix at part 1 meet one of the category descriptions in section
802.227 (b) to (o). Installations identified in the appendix at part 2
meet one of the category descriptions in section 802.227 (h), (k), or
(m). CFIUS's jurisdiction extends outward one mile from the boundary of
the installations identified at part 1 of the appendix and outward 100
miles from the boundary of the installations identified at part 2 of
the appendix.
Consistent with the Proposed Rule, this Final Rule revises appendix
A to include the 59 military installations listed below and removes
eight military installations from part 1 of appendix A and adds them to
part 2 (as noted below).
Part 1
<bullet> Anniston Army Depot, located in Anniston, Alabama
<bullet> Barter Island Regional Radar Site, located in Barter Island,
Alaska
<bullet> Blue Grass Army Depot, located in Richmond, Kentucky
<bullet> Camp Blaz, located in Dededo, Guam
<bullet> Camp Navajo, located in Bellemont, Arizona
<bullet> Camp Roberts, located in San Miguel, California
<bullet> Cold Bay Regional Radar Site, located in Cold Bay, Alaska
<bullet> Detroit Arsenal, located in Warren, Michigan
<bullet> Hawthorne Army Depot, located in Hawthorne, Nevada
<bullet> Indian Mountain Regional Radar Site, located in Indian
Mountain, Alaska
<bullet> Iowa Army Ammunition Plant, located in Middletown, Iowa
<bullet> Joint Base Myer-Henderson Hall, located in Arlington, Virginia
<bullet> Joint Systems Manufacturing Center--Lima, located in Lima,
Ohio
<bullet> Kenai Regional Radar Site, located in Kenai, Alaska
<bullet> Kotzebue Regional Radar Site, located in Kotzebue, Alaska
<bullet> Lake City Army Ammunition Plant, located in Independence,
Missouri
[[Page 88131]]
<bullet> Letterkenny Army Depot, located in Chambersburg, Pennsylvania
<bullet> Lisburne Regional Radar Site, located in Cape Lisburne, Alaska
<bullet> Marine Corps Logistics Base Albany, located in Albany, Georgia
<bullet> Marine Corps Logistics Base Barstow, located in Barstow,
California
<bullet> Marine Corps Support Facility Blount Island, located in
Jacksonville, Florida
<bullet> McAlester Army Ammunition Plant, located in McAlester,
Oklahoma
<bullet> Military Ocean Terminal Concord, located in Concord,
California
<bullet> Military Ocean Terminal Sunny Point, located in Brunswick
County, North Carolina
<bullet> Naval Air Station Corpus Christi, located in Corpus Christi,
Texas
<bullet> Naval Logistics Support Activity Ketchikan, located in
Ketchikan, Alaska
<bullet> Naval Logistics Support Activity LaMoure, located in LaMoure,
North Dakota
<bullet> Naval Logistics Support Annex Orlando, located in Okahumpka,
Florida
<bullet> Naval Logistics Support Facility Aguada, located in Aguada,
Puerto Rico
<bullet> Naval Logistics Support Facility Cutler, located in Cutler,
Maine
<bullet> Naval Suffolk Facility, located in Suffolk, Virginia
<bullet> Pine Bluff Arsenal, located in White Hall, Arkansas
<bullet> Pueblo Chemical Depot, located in Pueblo, Colorado
<bullet> Red River Army Depot, located in Texarkana, Texas
<bullet> Romanzof Regional Radar Site, located in Cape Romanzof, Alaska
<bullet> Scott Air Force Base, located in St. Clair County, Illinois
<bullet> Scranton Army Ammunition Plant, located in Scranton,
Pennsylvania
<bullet> Sparrevohn Regional Radar Site, located in Sparrevohn, Alaska
<bullet> Tatalina Regional Radar Site, located in Tatalina, Alaska
<bullet> Tooele Army Depot, located in Tooele, Utah
Part 2
<bullet> Altus Air Force Base, located in Altus, Oklahoma
<bullet> Arnold Air Force Base, located in Coffee County and Franklin
County, Tennessee (moved from part 1 to part 2)
<bullet> Barksdale Air Force Base, located in Bossier City, Louisiana
<bullet> Camp Dodge, located in Johnston, Iowa
<bullet> Camp Grayling, located in Grayling, Michigan
<bullet> Camp Williams, located in Bluffdale, Utah
<bullet> Cannon Air Force Base, located in Clovis, New Mexico
<bullet> Chocolate Mountain Aerial Gunnery Range, located in Niland,
California
<bullet> Columbus Air Force Base, located in Columbus, Mississippi
<bullet> Dover Air Force Base, located in Delmarva, Delaware
<bullet> Fort Novosel, located in Dale County, Alabama
<bullet> Goodfellow Air Force Base, located in San Angelo, Texas
<bullet> Joint Base Cape Cod, located in Sandwich, Massachusetts
<bullet> Joint Base Charleston, located in North Charleston, South
Carolina
<bullet> Joint Base San Antonio, located in San Antonio, Texas (moved
from part 1 to part 2)
<bullet> Little Rock Air Force Base, located in Little Rock, Arkansas
<bullet> Malmstrom Air Force Base, located in Great Falls, Montana
(moved from part 1 to part 2)
<bullet> Maxwell-Gunter Air Force Base, located in Montgomery, Alabama
<bullet> Moody Air Force Base, located in Valdosta, Georgia (moved from
part 1 to part 2)
<bullet> Muscatatuck Urban Training Center, located in Butlerville,
Indiana
<bullet> Redstone Arsenal, located in Huntsville, Alabama (moved from
part 1 to part 2)
<bullet> Schriever Air Force Base, located in Colorado Springs,
Colorado (moved from part 1 to part 2)
<bullet> Tinker Air Force Base, located in Midwest City, Oklahoma
(moved from part 1 to part 2)
<bullet> Townsend Bombing Range, located in McIntosh County, Georgia
<bullet> Vance Air Force Base, located in Enid, Oklahoma
<bullet> Whiteman Air Force Base, located in Knob Noster, Missouri
<bullet> Wright-Patterson Air Force Base, located in Dayton, Ohio
(moved from part 1 to part 2)
Additionally, the Final Rule removes three sites currently included
in appendix A. Cape Cod Air Force Station is removed from part 1
because it is located within Joint Base Cape Cod, which is added to the
appendix at part 2 as detailed above. Iowa National Guard Joint Force
Headquarters is removed from part 2 because it is located within Camp
Dodge, which is added to the appendix at part 2 as detailed above.
Finally, Lackland Air Force Base is removed from part 2 because it is
located within Joint Base San Antonio, which is moved from part 1 to
part 2 of appendix A as detailed above.
B. Technical Amendments To Update Identification of Certain Military
Installations
Consistent with the Proposed Rule, this Final Rule makes technical
amendments to update the names of 14 military installations based on
recommendations of the Department of Defense Naming Commission, the
establishment of the U.S. Space Force (Space Force), and other changes
to reflect the official names of the installations at present.
More specifically, these changes include technical corrections to
the names of five military installations as a result of the
recommendation of the Department of Defense Naming Commission
(available at <a href="https://www.defense.gov/News/News-Stories/Article/Article/3260434/dod-begins-implementing-naming-commission-recommendations/">https://www.defense.gov/News/News-Stories/Article/Article/3260434/dod-begins-implementing-naming-commission-recommendations/</a>) as well as name changes to more accurately reflect
the respective installations' official name.
Additionally, on December 20, 2019, Congress established the Space
Force as an armed force within the Department of the Air Force. Nine of
the military installation names below are a result of the names having
been officially changed by the Department of Defense and reflect
efforts to align installations with space-focused operations under the
appropriate military branch. These name changes are detailed below
along with the names currently in the appendix.
<bullet> Army Research Office (formerly Army Research Lab--Raleigh
Durham)
<bullet> Biometric Technology Center Defense Forensics and Biometrics
Agency (formerly Biometric Technology Center (Biometrics Identity
Management Activity))
<bullet> Buckley Space Force Base (formerly Buckley Air Force Base)
<bullet> Cape Canaveral Space Force Station (formerly Cape Canaveral
Air Force Station)
<bullet> Cavalier Space Force Station (formerly Cavalier Air Force
Station)
<bullet> Cheyenne Mountain Space Force Station (formerly Cheyenne
Mountain Air Force Station)
<bullet> Clear Space Force Station (formerly Clear Air Force Station)
<bullet> Combat Capabilities Development Command Soldier Center
(formerly U.S. Army Natick Soldier Systems Center)
<bullet> Eareckson Air Station (formerly Eareckson Air Force Station)
<bullet> Fort Eisenhower (formerly Fort Gordon)
<bullet> Patrick Space Force Base (formerly Patrick Air Force Base)
<bullet> Peterson Space Force Base (formerly Peterson Air Force Base)
[[Page 88132]]
<bullet> Schriever Space Force Base (formerly Schriever Air Force Base)
<bullet> Vandenberg Space Force Base (formerly Vandenberg Air Force
Base)
The locations of seven installations on the appendix at parts 1 and
2 are updated to assist the public in identifying the installations by
reference to their specific location. While these seven installations
have not relocated, the updates to the location information are for the
purposes of providing further clarity in identifying relevant sites.
Some of the location updates pertain to installations also discussed
above due to name changes.
<bullet> Army Research Office, located in Durham, NC (formerly Army
Research Lab--Raleigh Durham, located in Raleigh Durham, NC)
<bullet> Camp Mackall, located in Southern Pines, NC (formerly Camp
Mackall, located in Pinebluff, NC)
<bullet> Fort Campbell, located in Hopkinsville, KY and Clarksville, TN
(formerly Fort Campbell, located in Hopkinsville, KY)
<bullet> Fort Johnson, located in Vernon Parrish, LA (formerly Fort
Johnson, located in Leesville, LA)
<bullet> Fort Knox, located in Elizabethtown, KY (formerly Fort Knox,
located in Fort Knox, KY)
<bullet> Fort Leavenworth, located in Leavenworth County, KS (formerly
Fort Leavenworth, located in Leavenworth, KS)
<bullet> Hardwood Range, located in Necedah, WI (formerly Hardwood
Range, located in Necehuenemedah, WI)
C. Amendments to the Definition of ``Military Installation''
Consistent with the Proposed Rule, this Final Rule also makes
several amendments to the definition of the term ``military
installation'' at section 802.227 of the regulations. As defined in the
current regulations, the term ``military installation'' means any site
that meets certain category descriptions, and as identified in appendix
A to part 802. The definition of ``military installation'' is amended
with respect to paragraphs (e), (f), (g), (l), (m), and (n) of section
802.227.
Consistent with name changes discussed in section B above,
paragraphs (e) and (f) of section 802.227 are amended to add Space
Force bases, stations, and major annexes thereof. Paragraphs (g), (l),
(m), and (n) of section 802.227 are amended to expand the list of
applicable installations that meet these category descriptions. With
respect to paragraph (g) of section 802.227, Army major depots,
arsenals, and military terminals, including those that are not
collocated with an Army installation included in the appendix, are
added as covered installations under this category description. For
paragraph (l), this Final Rule removes the exclusion for Marine Corps
installations, logistics battalions, and support facilities from this
category description. Paragraph (m) of section 802.227 is amended to
remove the set of states and reference to military ranges owned by the
Navy or Air Force. Certain real estate transactions near military
ranges owned by each of the Armed Forces could reasonably provide a
foreign person the ability to collect intelligence, perform
surveillance, or otherwise expose national security activities at such
installations. This change broadens the category to any military range
as appropriate and is consistent with the definition of military range
as defined in 10 U.S.C. 101(f)(1), which defines a range as ``a
designated land or water area that is set aside, managed, and used for
range activities of the Department of Defense.'' Finally, paragraph (n)
is amended by removing the reference to the Submarine Force Atlantic
and Submarine Force Pacific squadrons and supporting commands and by
adding major support activities and annexes. This broadens the category
to include any relevant Naval base and air station, and major support
activities and annexes thereof, as identified by the Department of
Defense.
D. Applicability Rule
This Final Rule amends section 802.104 regarding the timing and
applicability of the changes made herein to transactions where the
completion date was before the effective date of this Final Rule; or
where the parties to the transaction executed a binding written
agreement, or other binding document, establishing the material terms
of the transaction before the effective date of this Final Rule. This
Final Rule also addresses the timing and applicability of the changes
made in the September 2023 Rule with regard to transactions where the
completion date was on or after February 13, 2020 and before September
22, 2023; or where the parties to the transaction executed a binding
written agreement, or other binding document, establishing the material
terms of the transaction after February 13, 2020 and before September
22, 2023.
IV. Rulemaking Requirements
Executive Order 12866
These regulations are not subject to the general requirements of
Executive Order 12866, as amended, which covers review of regulations
by the Office of Information and Regulatory Affairs in the Office of
Management and Budget (OMB), because it relates to a foreign affairs
function of the United States, pursuant to section 3(d)(2) of that
order. In addition, these regulations are not subject to review under
section 6(b) of Executive Order 12866 pursuant to section 1(d) of the
June 9, 2023, Memorandum of Agreement between the Treasury Department
and OMB, which states that CFIUS regulations are not subject to OMB's
standard centralized review process under Executive Order 12866.
Paperwork Reduction Act
The collection of information contained in these regulations has
been previously submitted to the OMB for review in accordance with the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) and approved under
OMB Control Number 1505-0121. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a valid OMB Control Number.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to prepare a regulatory flexibility
analysis, unless the agency certifies that the rule will not, once
implemented, have a significant economic impact on a substantial number
of small entities. The RFA applies whenever an agency is required to
publish a general notice of proposed rulemaking under section 553(b) of
the Administrative Procedure Act (APA) (5 U.S.C. 553), or any other
law. As set forth below, because regulations issued pursuant to the
DPA, such as these regulations, are not subject to the APA, or other
law requiring the publication of a general notice of proposed
rulemaking, the RFA does not apply.
This Final Rule makes amendments to the regulations implementing
section 721 of the DPA (85 FR 3158), which the Treasury Department
previously determined would not significantly impact a substantial
number of small entities. The amendments in this Final Rule do not
change that analysis or determination. The Treasury Department also
invited public comment on how the Proposed Rule would affect small
entities and did not receive any specific comments on this topic.
Congressional Review Act
This rule has been submitted to the OMB's Office of Information and
[[Page 88133]]
Regulatory Affairs, which has determined that the rule is not a
``major'' rule under the Congressional Review Act.
List of Subjects in 31 CFR Part 802
Foreign investments in the United States, Federal buildings and
facilities, Government property, Investigations, Investment companies,
Investments, Land sales, National defense, Public lands, Real property
acquisition, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Treasury Department
proposes to amend part 802 to title 31 of the Code of Federal
Regulations to read as follows:
PART 802--REGULATIONS PERTAINING TO CERTAIN TRANSACTIONS BY FOREIGN
PERSONS INVOLVING REAL ESTATE IN THE UNITED STATES
0
1. The authority citation for part 802 continues to read as follows:
Authority: 50 U.S.C. 4565; E.O. 11858, as amended, 73 FR 4677.
0
2. Revise Sec. 802.104 to read as follows:
Sec. 802.104 Applicability rule.
(a) The regulations in this part do not apply to any transaction
for which:
(1) The completion date is prior to February 13, 2020; or
(2) The parties to the transaction have executed, prior to February
13, 2020, a binding written agreement, or other binding document,
establishing the material terms of the transaction.
(b) The regulations in this part adopted by the final rule
published in the Federal Register on January 17, 2020 (85 FR 3158),
shall apply to any transaction for which:
(1) The completion date was on or after February 13, 2020, and
before September 22, 2023; or
(2) The parties to the transaction have executed a binding written
agreement, or other binding document, establishing the material terms
of the transaction on or after February 13, 2020, and before September
22, 2023.
(c) The regulations in this part as amended by the final rule
published in the Federal Register on August 23, 2023 (88 FR 57348),
shall apply to any transaction for which:
(1) The completion date was on or after September 22, 2023, and
before December 9, 2024; or
(2) The parties to the transaction have executed a binding written
agreement, or other binding document, establishing the material terms
of the transaction on or after September 22, 2023, and before December
9, 2024.
(d) The regulations in this part as amended by the final rule
published in the Federal Register on November 8, 2024 [(INSERT FEDERAL
REGISTER CITATION OF FINAL RULE)], shall apply to any transaction for
which:
(1) The completion date was on or after December 9, 2024; or
(2) The parties to the transaction have executed a binding written
agreement, or other binding document, establishing the material terms
of the transaction on or after December 9, 2024.
0
3. Amend Sec. 802.227 by:
0
a. In paragraph (e), adding ``, and Space Force bases and major annexes
thereof'' after ``Air Force bases and major annexes thereof''; and
0
b. Revising paragraphs (f), (g), (l), (m), and (n).
The revisions read as follows:
Sec. 802.227 Military installation.
* * * * *
(f) Air Force bases, Air Force stations, Space Force bases, Space
Force stations, and major annexes thereof, containing satellite,
telemetry, tracking, or commanding systems;
(g) Army bases, ammunition plants, centers of excellence, major
depots and arsenals, military terminals, and research laboratories and
major annexes thereof;
* * * * *
(l) Marine Corps bases and air stations and major annexes thereof,
excluding detachments and recruit depots;
(m) Military ranges as defined in 10 U.S.C. 101 (f)(1), or joint
forces training centers;
(n) Naval bases and air stations including major support activities
and annexes;
* * * * *
0
4. Amend appendix A to part 802 by revising the tables entitled ``Part
1'' and ``Part 2'' to read as follows:
Appendix A to Part 802--List of Military Installations and Other U.S.
Government Sites
------------------------------------------------------------------------
Site name Location
------------------------------------------------------------------------
Part 1
------------------------------------------------------------------------
Adelphi Laboratory Center....................... Adelphi, MD.
Air Force Maui Optical and Supercomputing Site.. Maui, HI.
Air Force Office of Scientific Research......... Arlington, VA.
Andersen Air Force Base......................... Yigo, Guam.
Anniston Army Depot............................. Anniston, AL.
Army Futures Command............................ Austin, TX.
Army Research Lab--Orlando Simulations and Orlando, FL.
Training Technology Center.
Army Research Office............................ Durham, NC.
Barter Island Regional Radar Site............... Barter Island, AK.
Beale Air Force Base............................ Yuba City, CA.
Biometric Technology Center (Defense Forensics Clarksburg, WV.
and Biometrics Agency).
Blue Grass Army Depot........................... Richmond, KY.
Buckley Space Force Base........................ Aurora, CO.
Camp Blaz....................................... Dededo, Guam.
Camp Mackall.................................... Southern Pines, NC.
Camp Navajo..................................... Bellemont, AZ.
Camp Roberts.................................... San Miguel, CA.
Cape Newenham Long Range Radar Site............. Cape Newenham, AK.
Cavalier Space Force Station.................... Cavalier, ND.
Cheyenne Mountain Space Force Station........... Colorado Springs, CO.
Clear Space Force Station....................... Anderson, AK.
Cold Bay Regional Radar Site.................... Cold Bay, AK.
Combat Capabilities Development Command Soldier Natick, MA.
Center.
Creech Air Force Base........................... Indian Springs, NV.
Davis-Monthan Air Force Base.................... Tucson, AZ.
[[Page 88134]]
Defense Advanced Research Projects Agency....... Arlington, VA.
Detroit Arsenal................................. Warren, MI.
Eareckson Air Station........................... Shemya, AK.
Eielson Air Force Base.......................... Fairbanks, AK.
Ellington Field Joint Reserve Base.............. Houston, TX.
Fairchild Air Force Base........................ Spokane, WA.
Fort Belvoir.................................... Fairfax County, VA.
Fort Bliss...................................... El Paso, TX.
Fort Campbell................................... Hopkinsville, KY and
Clarksville, TN.
Fort Carson..................................... Colorado Springs, CO.
Fort Cavazos.................................... Killeen, TX.
Fort Detrick.................................... Frederick, MD.
Fort Drum....................................... Watertown, NY.
Fort Eisenhower................................. Augusta, GA.
Fort Gregg-Adams................................ Petersburg, VA.
Fort Knox....................................... Elizabethtown, KY.
Fort Leavenworth................................ Leavenworth County,
KS.
Fort Leonard Wood............................... Pulaski County, MO.
Fort Meade...................................... Anne Arundel County,
MD.
Fort Moore...................................... Columbus, GA.
Fort Riley...................................... Junction City, KS.
Fort Shafter.................................... Honolulu, HI.
Fort Sill....................................... Lawton, OK.
Fort Stewart.................................... Hinesville, GA.
Fort Yukon Long Range Radar Site................ Fort Yukon, AK.
Francis E. Warren Air Force Base................ Cheyenne, WY.
Guam Tracking Station........................... Inarajan, Guam.
Hanscom Air Force Base.......................... Lexington, MA.
Hawthorne Army Depot............................ Hawthorne, NV.
Holloman Air Force Base......................... Alamogordo, NM.
Holston Army Ammunition Plant................... Kingsport, TN.
Indian Mountain Regional Radar Site............. Indian Mountain, AK.
Iowa Army Ammunition Plant...................... Middletown, IA.
Joint Base Anacostia-Bolling.................... Washington, DC.
Joint Base Andrews.............................. Camp Springs, MD.
Joint Base Elmendorf-Richardson................. Anchorage, AK.
Joint Base Langley-Eustis....................... Hampton, VA and
Newport News, VA.
Joint Base Lewis-McChord........................ Tacoma, WA.
Joint Base McGuire-Dix-Lakehurst................ Lakehurst, NJ.
Joint Base Myer-Henderson Hall.................. Arlington, VA.
Joint Base Pearl Harbor-Hickam.................. Honolulu, HI.
Joint Expeditionary Base Little Creek-Fort Story Virginia Beach, VA.
Joint Systems Manufacturing Center--Lima........ Lima, OH.
Kaena Point Satellite Tracking Station.......... Waianae, HI.
Kenai Regional Radar Site....................... Kenai, AK.
King Salmon Air Force Station................... King Salmon, AK.
Kirtland Air Force Base......................... Albuquerque, NM.
Kodiak Tracking Station......................... Kodiak Island, AK.
Kotzebue Regional Radar Site.................... Kotzebue, AK.
Lake City Army Ammunition Plant................. Independence, MO.
Letterkenny Army Depot.......................... Chambersburg, PA.
Lisburne Regional Radar Site.................... Cape Lisburne, AK.
Los Angeles Air Force Base...................... El Segundo, CA.
MacDill Air Force Base.......................... Tampa, FL.
Marine Corps Air Ground Combat Center Twentynine Twentynine Palms, CA.
Palms.
Marine Corps Air Station Beaufort............... Beaufort, SC.
Marine Corps Air Station Cherry Point........... Cherry Point, NC.
Marine Corps Air Station Miramar................ San Diego, CA.
Marine Corps Air Station New River.............. Jacksonville, NC.
Marine Corps Air Station Yuma................... Yuma, AZ.
Marine Corps Base Camp Lejeune.................. Jacksonville, NC.
Marine Corps Base Camp Pendleton................ Oceanside, CA.
Marine Corps Base Hawaii........................ Kaneohe Bay, HI.
Marine Corps Base Hawaii, Camp H.M. Smith....... Halawa, HI.
Marine Corps Base Quantico...................... Quantico, VA.
Marine Corps Logistics Base Albany.............. Albany, GA.
Marine Corps Logistics Base Barstow............. Barstow, CA.
Marine Corps Support Facility Blount Island..... Jacksonville, FL.
Mark Center..................................... Alexandria, VA.
McAlester Army Ammunition Plant................. McAlester, OK.
Military Ocean Terminal Concord................. Concord, CA.
Military Ocean Terminal Sunny Point............. Brunswick County, NC.
Minot Air Force Base............................ Minot, ND.
Naval Air Station Corpus Christi................ Corpus Christi, TX.
[[Page 88135]]
Naval Air Station Joint Reserve Base New Orleans Belle Chasse, LA.
Naval Air Station Oceana........................ Virginia Beach, VA.
Naval Air Station Oceana Dam Neck Annex......... Virginia Beach, VA.
Naval Air Station Whidbey Island................ Oak Harbor, WA.
Naval Base Guam................................. Apra Harbor, Guam.
Naval Base Kitsap Bangor........................ Silverdale, WA.
Naval Base Point Loma........................... San Diego, CA.
Naval Base San Diego............................ San Diego, CA.
Naval Base Ventura County--Port Hueneme Port Hueneme, CA.
Operating Facility.
Naval Logistics Support Activity Ketchikan...... Ketchikan, AK.
Naval Logistics Support Activity LaMoure........ LaMoure, ND.
Naval Logistics Support Annex Orlando........... Okahumpka, FL.
Naval Logistics Support Facility Aguada......... Aguada, Puerto Rico.
Naval Logistics Support Facility Cutler......... Cutler, ME.
Naval Research Laboratory....................... Washington, DC.
Naval Research Laboratory--Blossom Point........ Welcome, MD.
Naval Research Laboratory--Stennis Space Center. Hancock County, MS.
Naval Research Laboratory--Tilghman............. Tilghman, MD.
Naval Station Newport........................... Newport, RI.
Naval Station Norfolk........................... Norfolk, VA.
Naval Submarine Base Kings Bay.................. Kings Bay, GA.
Naval Submarine Base New London................. Groton, CT.
Naval Suffolk Facility.......................... Suffolk, VA.
Naval Support Activity Crane.................... Crane, IN.
Naval Support Activity Orlando.................. Orlando, FL.
Naval Support Activity Panama City.............. Panama City, FL.
Naval Support Activity Philadelphia............. Philadelphia, PA.
Naval Support Facility Carderock................ Bethesda, MD.
Naval Support Facility Dahlgren................. Dahlgren, VA.
Naval Support Facility Indian Head.............. Indian Head, MD.
Naval Surface Warfare Center Carderock Division-- Bayview, ID.
Acoustic Research Detachment.
Naval Weapons Station Seal Beach Detachment Norco, CA.
Norco.
New Boston Air Station.......................... New Boston, NH.
Offutt Air Force Base........................... Bellevue, NE.
Oliktok Long Range Radar Site................... Oliktok, AK.
Orchard Combat Training Center.................. Boise, ID.
Peason Ridge Training Area...................... Leesville, LA.
Pentagon........................................ Arlington, VA.
Peterson Space Force Base....................... Colorado Springs, CO.
Picatinny Arsenal............................... Morris County, NJ.
Pine Bluff Arsenal.............................. White Hall, AR.
Pi[ntilde]on Canyon Maneuver Site............... Tyrone, CO.
Pohakuloa Training Area......................... Hilo, HI.
Point Barrow Long Range Radar Site.............. Point Barrow, AK.
Portsmouth Naval Shipyard....................... Kittery, ME.
Pueblo Chemical Depot........................... Pueblo, CO.
Radford Army Ammunition Plant................... Radford, VA.
Red River Army Depot............................ Texarkana, TX.
Rock Island Arsenal............................. Rock Island, IL.
Romanzof Regional Radar Site.................... Romanzof, AK.
Rome Research Laboratory........................ Rome, NY.
Scott Air Force Base............................ St. Clair County, IL.
Scranton Army Ammunition Plant.................. Scranton, PA.
Seymour Johnson Air Force Base.................. Goldsboro, NC.
Shaw Air Force Base............................. Sumter, SC.
Southeast Alaska Acoustic Measurement Facility.. Ketchikan, AK.
Sparrevohn Regional Radar Site.................. Sparrevohn, AK.
Tatalina Regional Radar Site.................... Tatalina, AK.
Tin City Long Range Radar Site.................. Tin City, AK.
Tooele Army Depot............................... Tooele, UT.
Travis Air Force Base........................... Fairfield, CA.
Tyndall Air Force Base.......................... Bay County, FL.
Watervliet Arsenal.............................. Watervliet, NY.
------------------------------------------------------------------------
Part 2
------------------------------------------------------------------------
Aberdeen Proving Ground......................... Aberdeen, MD.
Air Force Plant 42.............................. Palmdale, CA.
Altus Air Force Base............................ Altus, OK.
Arnold Air Force Base........................... Coffee County and
Franklin County, TN.
Barksdale Air Force Base........................ Bossier City, LA.
Camp Dodge...................................... Johnston, IA.
Camp Grayling................................... Grayling, MI.
[[Page 88136]]
Camp Shelby..................................... Hattiesburg, MS.
Camp Williams................................... Bluffdale, UT.
Cannon Air Force Base........................... Clovis, NM.
Cape Canaveral Space Force Station.............. Cape Canaveral, FL.
Chocolate Mountain Aerial Gunnery Range......... Niland, CA.
Columbus Air Force Base......................... Columbus, MS.
Dare County Range............................... Manns Harbor, NC.
Dover Air Force Base............................ Delmarva, DE.
Dyess Air Force Base............................ Abilene, TX.
Edwards Air Force Base.......................... Edwards, CA.
Eglin Air Force Base............................ Valparaiso, FL.
Ellsworth Air Force Base........................ Box Elder, SD.
Fallon Range Complex............................ Fallon, NV.
Fort Greely..................................... Delta Junction, AK.
Fort Huachuca................................... Sierra Vista, AZ.
Fort Irwin...................................... San Bernardino County,
CA.
Fort Johnson.................................... Vernon Parish, LA.
Fort Liberty.................................... Fayetteville, NC.
Fort Novosel.................................... Dale County, AL.
Fort Wainwright................................. Fairbanks, AK.
Goodfellow Air Force Base....................... San Angelo, TX.
Grand Forks Air Force Base...................... Grand Forks, ND.
Hardwood Range.................................. Necedah, WI.
Hill Air Force Base............................. Ogden, UT.
Joint Base Cape Cod............................. Sandwich, MA.
Joint Base Charleston........................... North Charleston, SC.
Joint Base San Antonio.......................... San Antonio, TX.
Laughlin Air Force Base......................... Del Rio, TX.
Little Rock Air Force Base...................... Little Rock, AR.
Luke Air Force Base............................. Glendale, AZ.
Malmstrom Air Force Base........................ Great Falls, MT.
Maxwell-Gunter Air Force Base................... Montgomery, AL.
Moody Air Force Base............................ Valdosta, GA.
Mountain Home Air Force Base.................... Mountain Home, ID.
Muscatatuck Urban Training Center............... Butlerville, IN.
Naval Air Station Meridian...................... Meridian, MS.
Naval Air Station Patuxent River................ Lexington Park, MD.
Naval Air Weapons Station China Lake............ Ridgecrest, CA.
Naval Base Kitsap--Keyport...................... Keyport, WA.
Naval Base Ventura County--Point Mugu Operating Point Mugu, CA.
Facility.
Naval Weapons Systems Training Facility Boardman Boardman, OR.
Nellis Air Force Base........................... Las Vegas, NV.
Nevada Test and Training Range.................. Tonopah, NV.
Pacific Missile Range Facility.................. Kekaha, HI.
Patrick Space Force Base........................ Cocoa Beach, FL.
Redstone Arsenal................................ Huntsville, AL.
Schriever Space Force Base...................... Colorado Springs, CO.
Tinker Air Force Base........................... Midwest City, OK.
Townsend Bombing Range.......................... McIntosh County, GA.
Tropic Regions Test Center...................... Wahiawa, HI.
Utah Test and Training Range.................... Barro, UT.
Vance Air Force Base............................ Enid, OK.
Vandenberg Space Force Base..................... Lompoc, CA.
West Desert Test Center......................... Dugway, UT.
White Sands Missile Range....................... White Sands Missile
Range, NM.
Whiteman Air Force Base......................... Knob Noster, MO.
Wright-Patterson Air Force Base................. Dayton, OH.
Yuma Proving Ground............................. Yuma, AZ.
------------------------------------------------------------------------
* * * * *
Paul M. Rosen,
Assistant Secretary for Investment Security.
[FR Doc. 2024-25773 Filed 11-6-24; 8:45 am]
BILLING CODE 4810-AK-P
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</html>Indexed from Federal Register on November 7, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.