§578 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary of the Army can transfer surplus land that is part of a water resource project to a State, local government, port district, port authority, or similar state-created body so it can be developed for public port or industrial use. He can do this even if other federal sale rules would normally apply, but only if three things are true: the transfer is in the public interest, it won’t interfere with operating or maintaining the project, and it will help the project’s goals. If more than one eligible local body seeks the same land, the Secretary must prefer the applicant whose plan best fits the project’s purpose. The land must be sold at fair market value as set by the Secretary and must be used only for the stated port or industrial purpose. The Secretary must give public notice and allow nearby eligible bodies to apply before the sale. He may delegate these powers to Army officers under his rules. Money from any sale goes into the Treasury as miscellaneous receipts.

Title 33, §578

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Whenever the Secretary of the Army, upon the recommendation of the Chief of Engineers, determines that notwithstanding the provisions of chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, with respect to disposal of surplus real property, (1) the development of public port or industrial facilities on land which is part of a water resource development project under his jurisdiction will be in the public interest; (2) that such development will not interfere with the operation and maintenance of the project; and (3) that disposition of the property for these purposes under this section will serve the objectives of the project within which the land is located, he may convey the land by quitclaim deed to a State, political subdivision thereof, port district, port authority, or other body created by the State or through a compact between two or more States for the purpose of developing or encouraging the development of such facilities. In any case, where two or more political subdivisions thereof, or bodies created by, a State or group of States, seek to obtain the same land, the Secretary of the Army shall give preference to that political subdivision or body whose intended use of land will, in his opinion, best promote the purposes for which the project involved was authorized.

(b)Any conveyance authorized by this section shall be made at the fair market value of the land, as determined by the Secretary of the Army, upon condition that the property shall be used for one of the purposes stated in the subsection (a) of this section only, and subject to such other conditions, reservations or restrictions as the Secretary may determine to be necessary for the development, maintenance, or operation of the project or otherwise in the public interest.

(c)Prior to the conveyance of any land under the provisions of this section, the Secretary of the Army shall, in the manner he deems reasonable, give public notice of the proposed conveyance and afford an opportunity to interested eligible bodies in the general vicinity of the land to apply for its purchase.

(d)The Secretary of the Army may delegate any authority conferred upon him by this section to any officer or employee of the Department of the Army. Any such officer or employee shall exercise the authority so delegated under rules and regulations approved by the Secretary.

(e)The proceeds from any conveyance made under the provisions of this section shall be covered into the Treasury as miscellaneous receipts.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), 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.

§578 Disposal of Surplus Property for Development of Public Port or Industrial Facilities

Summary

Title 33, §578

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata