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Code · BILL · 113th Congress · H.R. 3080 (Enrolled) — To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and devel... · Sec. 6005

Sec. 6005. Land conveyances

1,363 words·~6 min read·/bill/113/hr/3080/enr/section-6005

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Section 3182(b)(1) of the Water Resources Development Act of 2007 ( Public Law 110–114 ; 121 Stat. 1165) is amended— in subparagraph
(A)by inserting , or to a multicounty public entity that is eligible to hold title to real property after To the city of Oakland ; and in subparagraphs
(B)and
(C)by inserting multicounty public entity or other before public entity . In this subsection: The term Federal land means approximately 84 acres of land, as identified by the Secretary, that is a portion of the approximately 227 acres of land leased from the Corps of Engineers by Ameren Corporation for the Portage Des Sioux Power Plant in St. Charles County, Missouri (Lease No. DA-23-065–CIVENG–64–651, Pool 26). The term non-Federal land means the approximately 68 acres of land owned by Ameren Corporation in Jersey County, Illinois, contained within the north half of section 23, township 6 north, range 11 west of the third principal meridian. On conveyance by Ameren Corporation to the United States of all right, title, and interest in and to the non-Federal land, the Secretary shall convey to Ameren Corporation all right, title, and interest of the United States in and to the Federal land. The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary. The Secretary shall convey the Federal land to Ameren Corporation by quitclaim deed. If the appraised fair market value of the Federal land, as determined by the Secretary, exceeds the appraised fair market value of the non-Federal land, as determined by the Secretary, Ameren Corporation shall make a cash payment to the United States reflecting the difference in the appraised fair market values. In this subsection: The term Federal land means the approximately 87 acres of land situated in Rogers County, Oklahoma, contained within United States Tracts 413 and 427 and acquired for the McClellan-Kerr Arkansas Navigation System. The term non-Federal land means the approximately 34 acres of land situated in Rogers County, Oklahoma, and owned by the Tulsa Port of Catoosa that lie immediately south and east of the Federal land. On conveyance by the Tulsa Port of Catoosa to the United States of all right, title, and interest in and to the non-Federal land, the Secretary shall convey to the Tulsa Port of Catoosa all right, title, and interest of the United States in and to the Federal land. The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary. The Secretary shall convey the Federal land to the Tulsa Port of Catoosa by quitclaim deed and subject to any reservations, terms, and conditions the Secretary determines necessary to allow the United States to operate and maintain the McClellan-Kerr Arkansas River Navigation System. If the appraised fair market value of the Federal land, as determined by the Secretary, exceeds the appraised fair market value of the non-Federal land, as determined by the Secretary, the Tulsa Port of Catoosa shall make a cash payment to the United States reflecting the difference in the appraised fair market values. In this subsection: The term City means the city of Warrenton, located in Clatsop County, Oregon. The term map means the map contained in Exhibit A of Department of the Army Lease No. DACW57–1–88–0033 (or a successor instrument). Subject to the provisions of this subsection, the Secretary shall convey to the City by quitclaim deed, and without consideration, all right, title, and interest of the United States in and to the parcel of land described in paragraph (3). Except as provided in subparagraph (B), the land referred to in paragraph
(2)is the parcel totaling approximately 59 acres located in the City, together with any improvements thereon, including the Hammond Marina (as described in the map). The land referred to in paragraph
(2)shall not include the site provided for the fisheries research support facility of the National Marine Fisheries Service. The map shall be on file in the Portland District Office of the Corps of Engineers. As a condition of the conveyance under this subsection, the Secretary may impose a requirement that the City assume full responsibility for operating and maintaining the channel and the breakwater. If the Secretary determines that the land conveyed under this subsection ceases to be owned by the public, all right, title, and interest in and to the land shall revert, at the discretion of the Secretary, to the United States. After the land is conveyed under this subsection, the land shall no longer be a portion of the project for navigation, Hammond Small Boat Basin, Oregon, authorized by section 107 of the Rivers and Harbor Act of 1960 ( 33 U.S.C. 577 ). Subject to the conditions described in this subsection, the Secretary may convey to the Commonwealth of Virginia, by quitclaim deed and without consideration, all right, title, and interest of the United States in and to 2 parcels of land situated within the project for navigation, Craney Island Eastward Expansion, Norfolk Harbor and Channels, Hampton Roads, Virginia, authorized by section 1001(45) of the Water Resources Development Act of 2007 ( Public Law 110–114 ; 121 Stat. 1057), together with any improvements thereon. The 2 parcels of land to be conveyed under this subsection include a parcel consisting of approximately 307.82 acres of land and a parcel consisting of approximately 13.33 acres of land, both located along the eastern side of the Craney Island Dredged Material Management Area in Portsmouth, Virginia. The 2 parcels of land described in subparagraph
(A)may be used by the Commonwealth of Virginia exclusively for the purpose of port expansion, including the provision of road and rail access and the construction of a shipping container terminal. If the Secretary determines that the land conveyed under this subsection ceases to be owned by the public or is used for any purpose that is inconsistent with paragraph (2), all right, title, and interest in and to the land shall revert, at the discretion of the Secretary, to the United States. The Secretary shall convey to the city of Asotin, Asotin County, Washington, without monetary consideration, all right, title, and interest of the United States in and to the land described in paragraph (3). If the land transferred under this subsection ceases at any time to be used for a public purpose, the land shall revert to the United States. The land to be conveyed to the city of Asotin, Washington, under this subsection are— the public ball fields designated as Tracts 1503, 1605, 1607, 1609, 1611, 1613, 1615, 1620, 1623, 1624, 1625, 1626, and 1631; and other leased areas designated as Tracts 1506, 1522, 1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, and 1563. The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States. An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance. An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed. Notwithstanding any other provision of law, the Tennessee Valley Authority shall, without monetary consideration, grant releases from real estate restrictions established pursuant to section 4(k)(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831c(k)(b)) with respect to tracts of land identified in section 4(k)(b) of that Act, subject to the condition that such releases shall be granted in a manner consistent with applicable Tennessee Valley Authority policies.
Connectionstraces to 2
3 references not yet in our index
  • Pub. L. 110-114
  • 121 Stat. 1165
  • 121 Stat. 1057
Citation graph
cites case law
Sec. 6005
Land conveyances
Pub. L.Pub. L. 110-114
Stat.121 Stat. 1165
Stat.121 Stat. 1057
Cites 5Cited by 0 across 0 sources
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