
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 
[40 U.S.C. 471 et seq.], 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.

(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. Provisions of that act relating to disposal of 
government property are classified to chapter 10 (Sec. 471 et seq.) of 
Title 40, Public Buildings, Property, and Works. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 471 of Title 40 and Tables.
