40 U.S.C. § 554 — Property for development or operation of a port facility
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 650 words · no verdicts yet
This section lets federal officials assign certain surplus property to the Secretary of Transportation and convey it for port development or operation. It sets eligibility findings, no-payment and deed conditions, and enforcement and release powers.
(a) Definitions. (1) “Base closure law” has the meaning given in section 101(a)(17) of title 10. This section does not define that term. (2) “State” includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands. (b) Under regulations the Administrator of General Services may issue after consulting the Secretary of Defense, the Administrator may assign surplus real property, including buildings, fixtures, and equipment on it, to the Secretary of Transportation for disposal if the Secretary recommends it for a port facility. For property at a military installation closed or realigned under a base closure law, the Secretary of Defense may make the assignment. (c)(1) The Secretary of Transportation may convey property assigned under subsection (b), for port development or operation, to a State or its political subdivision, municipality, or instrumentality. The Administrator or Secretary of Defense may disapprove within 30 days after notice of the proposed conveyance. (2) Before transferring property, the Secretary must: (A) after consulting the Secretary of Labor, find that it is in an area of serious economic disruption; (B) receive and, after consulting the Secretary of Commerce, approve an eligible grantee’s economic development plan based on assured use of the property in a necessary economic development program; and (C) send Congress an explanatory statement with information substantially like that in statements under section 545(e). (d) The conveyance must require no monetary payment to the Federal Government. (e) The deed must: (1) require all property to be used and maintained forever for the conveyed purpose, and provide that, if that stops, all or part of it may, in its existing condition and at the Government’s option, return to the Government; and (2) include regulatory terms, reservations, restrictions, and conditions the Secretary requires to ensure that use and protect Government interests. (f) The Secretary must determine and enforce compliance with the instrument’s terms, conditions, reservations, and restrictions. The Secretary must correct, reform, or amend the instrument when needed to correct it or comply with law. The Secretary must release a term, condition, reservation, or restriction, and convey, quitclaim, or release a Government-reserved right or interest, if the property no longer serves its transferred purpose or the release or conveyance will not prevent that purpose. The Secretary may attach terms and conditions needed to protect or advance Government interests.
In this section, the following definitions apply:
The term “base closure law” has the meaning given that term in section 101(a)(17) of title 10.
The term “State” includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands.
Under regulations that the Administrator of General Services, after consultation with the Secretary of Defense, may prescribe, the Administrator, or the Secretary of Defense in the case of property located at a military installation closed or realigned pursuant to a base closure law, may assign to the Secretary of Transportation for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary of Transportation recommends as needed for the development or operation of a port facility.
Subject to disapproval by the Administrator or the Secretary of Defense within 30 days after notice of a proposed conveyance by the Secretary of Transportation, the Secretary of Transportation, for the development or operation of a port facility, may convey property assigned to the Secretary of Transportation under subsection (b) to a State or political subdivision, municipality, or instrumentality of a State.
A transfer of property may be made under this section only after the Secretary of Transportation has—
determined, after consultation with the Secretary of Labor, that the property to be conveyed is located in an area of serious economic disruption;
received and, after consultation with the Secretary of Commerce, approved an economic development plan submitted by an eligible grantee and based on assured use of the property to be conveyed as part of a necessary economic development program; and
transmitted to Congress an explanatory statement that contains information substantially similar to the information contained in statements prepared under section 545(e) of this title.
A conveyance under this section shall be made without monetary consideration to the Federal Government.
The deed of conveyance of any surplus real and related personal property disposed of under this section shall—
provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
contain additional terms, reservations, restrictions, and conditions that the Secretary of Transportation shall by regulation require to ensure use of the property for the purposes for which it was conveyed and to safeguard the interests of the Government.
The Secretary of Transportation shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer or conveyance under this section is made. The Secretary shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The Secretary shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the grantee any right or interest reserved to the Government by the instrument, if the Secretary determines that the property no longer serves the purpose for which it was transferred or that a release, conveyance, or quitclaim deed will not prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that the Secretary considers necessary to protect or advance the interests of the Government.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1100; Pub. L. 109–163, div. A, title X, § 1056(a)(5)(A), Jan. 6, 2006, 119 Stat. 3439; Pub. L. 109–284, § 6(4), Sept. 27, 2006, 120 Stat. 1212.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1100
- 2006Amended · Pub. L. 109-163 · 119 Stat. 3439
- 2006Amended · Pub. L. 109-284 · 120 Stat. 1212
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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