U.S. Code > Title 33 > Chapter 12 > Subchapter I > § 577b - Cost of operation and maintenance of general navigation features of small boat harbor projects; applicable projects
Current as of: February 2010 (a) Conveyance by Secretary of the Army
Whenever the Secretary of the Army, upon the recommendation of
the Chief of Engineers, determines that notwithstanding the
provisions of the Federal Property and Administrative Services Act
of 1949, as amended,(!1) 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) Purchase price; conditions, reservations or restrictions
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) Notice of proposed conveyance
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) Delegation of authority
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) Deposit of proceeds
The proceeds from any conveyance made under the provisions of
this section shall be covered into the Treasury as miscellaneous
receipts. Legislative History ________________________________________________________________________
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