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16 U.S.C. § 460lll–45 — Transfer of personal property

submitted 28 years ago by Pub. L. 105-277 to r/title-16-CONSERVATION · 420 words · no verdicts yet

in plain englishAI-generated · not legal advice

Within 60 days of the transfer, the Authority must inventory its Recreation Area property. Most items, from buildings to boats, become available for the Secretary to take. Unneeded surplus property may be sold, with proceeds going into the area's Trust Fund.

(a) Subject property - (1) Inventory: within 60 days of the transfer date under section 460lll-41, the Tennessee Valley Authority must give the Secretary a full inventory of all property and facilities at the Recreation Area. (2)(A) All Tennessee Valley Authority property tied to running the Recreation Area - including anything bought with federal money appropriated for the Authority's management - becomes available to transfer to the Secretary. (B) This includes buildings, office furniture and supplies, computers, other office equipment, vehicles, tools, equipment, maintenance supplies, boats, engines, and publications. (3) Exclusion of property: at the Tennessee Valley Authority's request, the Secretary may leave out movable property from the transfer if the Authority shows it's vital to the Authority's mission and can't be replaced cost-effectively - but only if the Secretary also decides the Recreation Area doesn't need it.

(b) Designation - Following the process set in the memorandum of agreement under section 460lll-43, the Secretary must identify and formally designate, in writing, which Tennessee Valley Authority property transfers to the Secretary.

(c) Facilitation of transfer - As much as practical, the Tennessee Valley Authority must use its current staff to help transfer the needed property and facilities - including replacing signs and insignia, repainting vehicles, printing public information, and training new staff. Funding for this comes from the funding described in section 460lll-49.

(d) Surplus property - (1) Disposition: if the Secretary decides some personal property - including structures and facilities - can't be efficiently managed by the Forest Service or by leasing or permitting it to others, the Secretary may declare it excess and either (A) sell it on terms that get the most benefit for the federal government, or (B) dispose of it under the general federal property-disposal rules in title 40 and title 41 (with a few listed exceptions). (2) Deposit of proceeds: all net money from selling this property goes into the Trust Fund created by section 460lll-31.

the actual law source: uscode.house.gov ↗public domain
(a) Subject property
(1) Inventory

Not later than 60 days after the date of transfer pursuant to section 460lll–41 of this title, the Tennessee Valley Authority shall provide the Secretary with an inventory of all property and facilities at the Recreation Area.

(2) Availability for transfer
(A) In general

All Tennessee Valley Authority property associated with the administration of the Recreation Area, including any property purchased with Federal funds appropriated for the management of the Tennessee Valley Authority land, shall be available for transfer to the Secretary.

(B) Property included

Property under subparagraph (A) includes buildings, office furniture and supplies, computers, office equipment, buildings, vehicles, tools, equipment, maintenance supplies, boats, engines, and publications.

(3) Exclusion of property

At the request of the authorized representative of the Tennessee Valley Authority, the Secretary may exclude movable property from transfer based on a showing by the Tennessee Valley Authority that the property is vital to the mission of the Tennessee Valley Authority and cannot be replaced in a cost-effective manner, if the Secretary determines that the property is not needed for management of the Recreation Area.

(b) Designation

Pursuant to such procedures as may be prescribed in the memorandum of agreement entered into under section 460lll–43 of this title, the Secretary shall identify and designate, in writing, all Tennessee Valley Authority property to be transferred to the Secretary.

(c) Facilitation of transfer

The Tennessee Valley Authority shall, to the maximum extent practicable, use current personnel to facilitate the transfer of necessary property and facilities to the Secretary, including replacement of signs and insignia, repainting of vehicles, printing of public information, and training of new personnel. Funding for these costs shall be derived from funding described in section 460lll–49 of this title.

(d) Surplus property
(1) Disposition

Any personal property, including structures and facilities, that the Secretary determines cannot be efficiently managed and maintained either by the Forest Service or by lease or permit to other persons may be declared excess by the Secretary and—

(A)

sold by the Secretary on such terms and conditions as the Secretary may prescribe to achieve the maximum benefit to the Federal Government; or

(B)

disposed of under chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(2) Deposit of proceeds

All net proceeds from the disposal of any property shall be deposited into the Fund established by section 460lll–31 of this title.

Source credit: (Pub. L. 105–277, div. A, § 101(e) [title V, § 545], Oct. 21, 1998, 112 Stat. 2681–231, 2681–319.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-277 · 112 Stat. 2681

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-277 on 1998-10-21.

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