Title 40Public Buildings, Property, and WorksRelease 119-73

§554 Property for development or operation of a port facility

Title 40 › Subtitle SUBTITLE I— - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES › Chapter CHAPTER 5— - PROPERTY MANAGEMENT › Subchapter SUBCHAPTER III— - DISPOSING OF PROPERTY › § 554

Last updated Apr 6, 2026|Official source

Summary

Allows the federal government to give surplus real property to the Secretary of Transportation to build or run a port. The General Services Administrator, after talking with the Secretary of Defense, can assign such property, or the Secretary of Defense can do so for property on a military base closed under a base closure law. The Transportation Secretary can then transfer the property to a State, local government, or state agency, unless the Administrator or the Secretary of Defense objects within 30 days after being told about the proposed transfer. Transfers can happen only after the Transportation Secretary finds the area has serious economic problems (after consulting the Secretary of Labor), approves an economic development plan (after consulting the Secretary of Commerce), and sends Congress an explanatory statement similar to one required under section 545(e). Definitions: "base closure law" means the term as defined in 10 U.S.C. 101(a)(17). "State" includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands. Transfers are made without payment to the federal government. The deed must require the property be used and kept for the stated port purpose forever, and the government may take back any part that stops being used for that purpose. The Transportation Secretary enforces and can change or release deed terms if the property no longer serves the conveyed purpose, possibly with conditions to protect the government's interests.

Full Legal Text

Title 40, §554

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)In this section, the following definitions apply:
(1)The term “base closure law” has the meaning given that term in section 101(a)(17) of title 10.
(2)The term “State” includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands.
(b)Under regulations that the Administrator of General Services, after consultation with the Secretary of Defense, may prescribe, the Administrator, or the Secretary of Defense in the case of property located at a military installation closed or realigned pursuant to a base closure law, may assign to the Secretary of Transportation for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary of Transportation recommends as needed for the development or operation of a port facility.
(c)(1)Subject to disapproval by the Administrator or the Secretary of Defense within 30 days after notice of a proposed conveyance by the Secretary of Transportation, the Secretary of Transportation, for the development or operation of a port facility, may convey property assigned to the Secretary of Transportation under subsection (b) to a State or political subdivision, municipality, or instrumentality of a State.
(2)A transfer of property may be made under this section only after the Secretary of Transportation has—
(A)determined, after consultation with the Secretary of Labor, that the property to be conveyed is located in an area of serious economic disruption;
(B)received and, after consultation with the Secretary of Commerce, approved an economic development plan submitted by an eligible grantee and based on assured use of the property to be conveyed as part of a necessary economic development program; and
(C)transmitted to Congress an explanatory statement that contains information substantially similar to the information contained in statements prepared under section 545(e) of this title.
(d)A conveyance under this section shall be made without monetary consideration to the Federal Government.
(e)The deed of conveyance of any surplus real and related personal property disposed of under this section shall—
(1)provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
(2)contain additional terms, reservations, restrictions, and conditions that the Secretary of Transportation shall by regulation require to ensure use of the property for the purposes for which it was conveyed and to safeguard the interests of the Government.
(f)The Secretary of Transportation shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer or conveyance under this section is made. The Secretary shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The Secretary shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the grantee any right or interest reserved to the Government by the instrument, if the Secretary determines that the property no longer serves the purpose for which it was transferred or that a release, conveyance, or quitclaim deed will not prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that the Secretary considers necessary to protect or advance the interests of the Government.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 55440:484(q).June 30, 1949, ch. 288, title II, § 203(q), as added Pub. L. 103–160, div. B, title XXIX, § 2927(2), Nov. 30, 1993, 107 Stat. 1933. In subsection (a), the words “Trust Territory of the Pacific Islands” are omitted and the words “the Federated States of Micronesia, the Marshall Islands, Palau” are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.

Editorial Notes

Amendments

2006—Subsec. (a)(1). Pub. L. 109–163 substituted “has the meaning given that term in section 101(a)(17) of title 10.” for “means the following: “(A) Title II of the Defense Authorization

Amendments

and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). “(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). “(C) Section 2687 of title 10.” Subsec. (c). Pub. L. 109–284 substituted “Transportation.—” for “Transportation.” in heading.

Reference

Citations & Metadata

Citation

40 U.S.C. § 554

Title 40Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73