40 U.S.C. § 1304 — Transfer of federal property to States
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 442 words · no verdicts yet
The Administrator may sell certain replaced, unneeded Federal buildings or sites to a State or its political subdivision for public use at at least half the appraised land value. The section also permits certain property transfers for public-road widening, subject to limits.
(a) Obsolete buildings and sites.— (1) The Administrator may, in the Administrator’s discretion, under prescribed regulations and proper terms, sell the property in paragraph (2) to a State or State political subdivision for public use if the sale is in the Federal Government’s best interest. (2) The property is a Federal building, building site, or part of a site under the Administrator’s control that a new structure replaced and the Administrator finds the Government no longer needs. (3) The price must be at least 50 percent of the Administrator’s appraised land value. (4) Sale proceeds go to the Treasury as miscellaneous receipts. (5) The Administrator may allow a long-term installment contract on fair and reasonable terms and may waive interest on deferred payment. (6) The Administrator may use the usual quitclaim deed.
(b) Widening public roads.— (1) “Executive agency” means an executive department or independent establishment in the executive branch, including a wholly Government-owned corporation. (2) When a State or political subdivision applies for Government real property for an authorized public-highway, street, or alley widening, the head of the agency controlling it may convey or transfer, with or without payment, an interest the agency head finds not adverse to Government interests, subject to needed protective terms. (3) Property interests transferable for highway purposes under title 23 may not be transferred under this subsection. (4) Rights-of-way over, under, or through public lands or National Forest System lands may not be granted under this subsection.
The Administrator of General Services, in the Administrator’s discretion, on terms the Administrator considers proper, and under regulations the Administrator may prescribe, may sell property described in paragraph (2) to a State or a political subdivision of a State for public use if the Administrator considers the sale to be in the best interest of the Federal Government.
The property referred to in paragraph (1) is any federal building, building site, or part of a building site under the Administrator’s control that has been replaced by a new structure and that the Administrator determines is no longer needed by the Government.
The purchase price for a sale under this section must be at least 50 percent of the value of the land as appraised by the Administrator.
The proceeds of a sale under this section shall be deposited in the Treasury as miscellaneous receipts.
The Administrator may enter into a long term contract for the payment of the purchase price in installments that the Administrator considers fair and reasonable. The Administrator may waive any requirement for interest charges on deferred payment.
The Administrator may convey property sold under this section by the usual quitclaim deed.
In this subsection, the term “executive agency” means an executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation.
When a State or a political subdivision of a State applies for a conveyance or transfer of real property of the Government in connection with an authorized widening of a public highway, street, or alley, the head of the executive agency that controls the affected real property may convey or transfer to the State or political subdivision, with or without consideration, an interest in the real property that the agency head determines is not adverse to the interests of the Government. A conveyance or transfer under this subsection is subject to terms and conditions the agency head considers necessary to protect the interests of the Government.
An interest in real property which can be transferred to a State or a political subdivision of a State for highway purposes under title 23 may not be conveyed or transferred under this subsection.
Rights of way over, under, and through public lands and lands in the National Forest System may not be granted under this subsection.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1133.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1133
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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