§ 578. — Disposal of surplus property for development of public port or industrial facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC578]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 12--RIVER AND HARBOR IMPROVEMENTS GENERALLY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 578. Disposal of surplus property for development of public
port or industrial facilities
(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.
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\1\ See References in Text note below.
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(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.
(Pub. L. 86-645, title I, Sec. 108, July 14, 1960, 74 Stat. 486.)
References in Text
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of
Title 41, Public Contracts, the Act was repealed and reenacted by Pub.
L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as
chapters 1 to 11 of Title 40, Public Buildings, Property, and Works.
