§578 Disposal of surplus property for development of public port or industrial facilities

Summary

The Secretary of the Army can transfer surplus land that is part of a water resource project by quitclaim deed to a State, local government, port district, port authority, or a multi‑State body for building or encouraging public port or industrial facilities. This can be done even if other federal surplus property rules would normally apply (chapters 1–11 of title 40 and division C of subtitle I of title 41, except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711). He may only do this if he finds the development is in the public interest, will not interfere with project operation or maintenance, and will help meet the project’s goals. If several eligible bodies want the same land, he must prefer the one whose planned use best fits the project’s purpose. The land must be sold at the fair market value the Secretary sets. It must be used only for the port or industrial purpose and can have conditions, reservations, or restrictions the Secretary thinks are needed. The Secretary must give public notice and let eligible nearby bodies apply before the transfer. He may delegate these powers to Army officers or employees under his rules. Money from any transfer goes to the Treasury as miscellaneous receipts.