22 U.S.C. § 277e: Disposal of lands; issuance…

Summary

Allows the Secretary of State to lease or sell land the United States got under laws, executive orders, or treaties for projects run by the Secretary through the American Commissioner. These actions must follow the rules in chapters 1 to 11 of Title 40 and division C of Subtitle I of Title 41, except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711. Land may be sold at public auction after 30 days’ notice or sold privately, but not for less than a price set by three impartial appraisers chosen by the Secretary. Donated land that is no longer needed can be returned free to the donor or their heirs. Leases or sales can keep U.S. rights-of-way for irrigation, drainage, river works, or other purposes, and may require joining a nearby irrigation district. Money from leases or sales goes into the U.S. Treasury. The Secretary may also transfer unneeded land, without cost, to an adjacent State or to a county, city, or similar local government for public use. The Secretary can issue revocable licenses for irrigation or other uses across lands the United States keeps and sign any needed leases or deeds. If a project run through the International Boundary and Water Commission, United States and Mexico, damages or requires changing private or municipal irrigation, water, sewer, or other structures, the Secretary can rebuild or replace them or pay owners a fair value as agreed with the American Commissioner. The Secretary, through designated officers, may also pay claims for damage caused by U.S. survey, construction, operation, or maintenance of such projects that happened after March 31, 1937, if each claim is no more than $1,000, is filed with the American Commissioner within one year of the damage, and the Commissioner finds the claim valid based on a board’s report.

Title 22, §277e

Foreign Relations and Intercourse, Source: USLM XML via OLRC

The Secretary of State is authorized to lease any land heretofore or hereafter acquired under any Act, Executive order, or treaty in connection with projects, in whole or in part, constructed or administered by the Secretary of State through the said American Commissioner, or to dispose of such lands when no longer needed, subject to applicable regulations under chapters 1 to 11 of title 40 and division C (except section 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41, by sale at public auction, after thirty days’ advertisement, at a price not less than that which may be fixed by three disinterested appraisers, to be designated by the Secretary of State, or by private sale, or otherwise, at not less than such appraised value: Provided, That any of such land as shall have been donated to the United States and which is no longer needed may be reconveyed, without cost, to the grantor or his heirs: Provided, further, That the lease or disposal of any land pursuant hereto may, in the discretion of the Secretary of State, be subject to reservations in favor of the United States for rights-of-way for irrigation, drainage, river work, and other purposes, and any such disposal may be conditioned upon and made subject to inclusion of such lands in any existing irrigation district in the vicinity of such lands, the proceeds of any such lease or sale to be covered into the Treasury of the United States: And provided further, That in the discretion of the Secretary of State, and subject to such conditions as he may deem appropriate, conveyances of any other of such lands not needed by the United States may be made to the State to which they lie adjacent or to any similarly situated county, city, or other governmental subdivision of such State, without cost, for use for public purposes. The Secretary of State is further authorized to issue revokable licenses for public or private use for irrigation or other structures or uses not inconsistent with the use of such lands made, or to be made, by the United States, across any lands retained by the United States, and to execute all necessary leases, title instruments, and conveyances, in order to carry out the provisions of this section. Whenever the construction of any project or works undertaken or administered by the Secretary of State through the International Boundary and Water Commission, United States and Mexico, results in the interference with or necessitates the alteration or restoration of constructed and existing irrigation or water-supply structures, sanitary or sewage disposal works, or other structures, or physical property belonging to any municipal or private corporation, company, association, or individual, the Secretary of State may cause the restoration or reconstruction of such works, structures, or physical property or the construction of others in lieu thereof or he may compensate the owners thereof to the extent of the reasonable value thereof as the same may be agreed upon by the American Commissioner with such owner. The Secretary of State acting through such officers as he may designate, is further authorized to consider, adjust, and pay from funds appropriated for the project, the construction of which resulted in damages, any claim for damages accruing after March 31, 1937, caused to owners of lands or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of any project constructed or administered through the American Commissioner, International Boundary and Water Commission, United States and Mexico, if such claim for damages does not exceed $1,000 and has been filed with the American Commissioner within one year after the damage is alleged to have occurred, and when in the opinion of the American Commissioner such claim is substantiated by a report of a board appointed by the said Commissioner.

Notes & Related Subsidiaries

Editorial Notes

Codification In text, “chapters 1 to 11 of title 40 and division C (except section 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949, as amended” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

1957—Pub. L. 85–201 struck out “to citizens of the United States” after “is authorized to lease” and “to American citizens” after “or to dispose of such lands” in first sentence of first paragraph, before first proviso. 1951—Act Oct. 31, 1951, inserted reference to applicable

Regulations

of the Federal Property and Administrative Services Act of 1949, as amended, in text before first proviso of first paragraph. 1939—Act June 19, 1939, inserted last paragraph.

§277e Disposal of Lands; Issuance of Licenses for Use of Lands; Compensation for Injured Property