Sec. 356. CONVEYANCES

4,519 words·~21 min read·/statute-compilations/comps-16716/sec-356

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 356 CONVEYANCES ###

(a)Generally Applicable Provisions ####

(1)Survey to obtain legal description 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. ####

(2)Applicability of property screening provisions Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. ####

(3)Costs of conveyance 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. ####

(4)Liability 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. ####

(5)Additional terms and conditions 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. ###

(b)Eufaula, Alabama ####

(1)Conveyance authorized The Secretary shall convey to the City of Eufaula, Alabama, all right, title, and interest of the United States in and to the real property described in the Department of the Army Lease No. DACW01-2-17-0747, containing 56.76 acres, more or less, and being a part of Tracts L-1268 (26.12 acres), L-1273 (13.71 acres), L-1278 (6.75 acres), and L1279 (10.36 acres) of the Walter F. George Lock and Dam and Lake project. ####

(2)Deed The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States. ####

(3)Consideration The City of Eufaula, Alabama, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary. ###

(c)Montgomery, Alabama ####

(1)Conveyance authorized The Secretary shall convey to the City of Montgomery, Alabama, all right, title, and interest of the United States in and to the real property described in paragraph (2). ####

(2)Property The property to be conveyed is the 62.38 acres of land and water under the primary jurisdiction of the Secretary in the R.E. “Bob” Woodruff Project Area that is covered by lease number DACW01-1-05-0037, including the parcels and structure known as “Powder Magazine”. ####

(3)Deadline To the extent practicable, the Secretary shall complete the conveyance under this subsection by not later than 180 days after the date of enactment of this Act. ####

(4)Deed The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States, to include retaining the right to inundate with water any land transferred under this subsection. ####

(5)Consideration The City of Montgomery, Alabama, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary. ###

(d)Conveyance of Wilmington Harbor North Disposal Area, Delaware ####

(1)In general As soon as practicable, the Secretary shall complete the conveyance of the Wilmington Harbor North Disposal Area confined disposal facility, Delaware, to the State of Delaware. ####

(3)Consideration The State of Delaware shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary. ###

(e)Ohio River Lock and Dam Number 52, Massac County, Illinois ####

(1)Conveyance authorized The Secretary shall convey to the Massac-Metropolis Port District, Illinois, all right, title, and interest of the United States in and to any real property located north of the south bank of the Ohio River in Massac County, Illinois, that is associated with the Ohio River Lock and Dam 52. ####

(3)Consideration The Massac-Metropolis Port District, Illinois, shall pay to the Secretary an amount that is not less than fair market value of the property conveyed under this subsection, as determined by the Secretary. ###

(f)Upper St. Anthony Falls Lock and Dam, Minneapolis, Minnesota ####

(1)Conveyance authorized As soon as practicable after the date of enactment of this Act, the Secretary shall, upon request— #####

(A)convey, without consideration, to the City of Minneapolis, Minnesota, or its designee, all or substantially all of the real property owned by the United States adjacent to or in the vicinity of the Upper St. Anthony Falls Lock and Dam, subject to the right of the Secretary to retain any easements in such property solely to the extent necessary to continue to operate and maintain the Upper St. Anthony Falls Lock and Dam; and #####

(B)provide, without consideration, to the City or its designee— ######

(i)access and use rights by license, easement, or similar agreement, to any real property and structures at the site of the Upper St. Anthony Falls Lock and Dam that is not conveyed under subparagraph (A); and ######

(ii)for any such property retained by the Secretary, exclusive license or easement over such property to allow the City or its designee to construct, use, and operate amenities thereon, and to utilize such property as a comprehensive recreational, touristic, and interpretive experience. ####

(2)Ownership and operation of lock and dam Ownership rights to the Upper St. Anthony Falls Lock and Dam shall not be conveyed under this subsection, and the Secretary shall retain all rights to operate and maintain the Upper St. Anthony Falls Lock and Dam. ####

(3)Reversion If the Secretary determines that the property conveyed under this subsection is not used for a public purpose, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States. ####

(4)Considerations In carrying out paragraph (1), as expeditiously as possible and to the maximum extent practicable, the Secretary shall take all possible measures to reduce the physical footprint required for easements described in subparagraph

(A)of that paragraph, including an examination of the use of crane barges on the Mississippi River. ####

(5)Upper st. anthony falls lock and dam defined In this subsection, the term “Upper St. Anthony Falls Lock and Dam” means the lock and dam located on Mississippi River Mile 853.9 in Minneapolis, Minnesota. ###

(g)Clinton, Missouri ####

(1)Conveyance authorized The Secretary shall convey to the City of Clinton, Missouri, without consideration, all right, title, and interest of the United States in and to the real property described in paragraph (2). ####

(2)Property The property to be conveyed is a tract of land situated in the S ½ of Section 12 and the N ½ of Section 13, Township 41 North, Range 26 West of the Fifth Principal Meridian, Henry County, Missouri, more particularly described as follows: Beginning at the point of intersection of the north line of said S ½ of Section 12 and the easterly right-of-way of State Highway No. 13; thence easterly along the north line of said S ½ to the northeast corner of the W ½ NW ¼ NE ¼ SW ¼ of said Section 12; thence southerly along the east line of said W ½ NW ¼ NE ¼ SW ¼ to the southeast corner thereof; thence easterly along the north line of the S ½ NE ¼ SW ¼ of said Section 12 to the southwest corner of the W ½ NW ¼ NW ¼ SE ¼ of said Section 12; thence in a northeasterly direction to the northeast corner of said W ½ NW ¼ NW ¼ SE ¼ ; thence easterly along the north line of said S ½ to the westerly right-of-way of the County Road; thence in a southeasterly and southerly direction along the westerly right-of-way of said County Road approximately 2500 feet to the center of Deer Creek; thence in a southwesterly direction along the center of said Deer Creek, approximately 3900 feet to the south line of said N ½ of Section 13; thence westerly along the south line of said N ½ to the easterly right-of-way line of the St. Louis-San Francisco Railroad; thence in a northwesterly direction along the easterly right-of-way of said railroad to the easterly right-of-way of said State Highway No. 13; thence in a northeasterly direction along the easterly right-of-way of said State Highway No. 13 to the point of the beginning; and including a roadway easement for ingress and egress, described as a strip of land 80 feet in width, lying 40 feet on each side of the following described line, the initial extremities of the following described strip being extended or reduced as required to exactly adjoin the boundary lines which they meet, situated in the S ½ of Section 12, Township 41 North Range 26 West of the Fifth Principal Meridian, Henry County, Missouri, more particularly described as follows: Commencing at the center of said Section 12, thence Sl°24’56’W, 1265.52 feet to a point, thence N88°29’02’W, 483.97 feet to the point of beginning of the strip of land herein described; thence in a northeasterly direction along a curve to the right, said curve having an initial tangent bearing of N3°44’4l’E, a radius of 238.73 feet and an interior angle of 61°29’26’, an arc distance of 256.21 feet to a point; thence N65°14’07’E 218.58 feet to a point; thence in a northeasterly direction along a curve to the left, having a radius of 674.07 feet and an interior angle of 36°00’01’, an arc distance of 423.53 feet to a point; thence N29°14’07’E, 417.87 feet to a point; thence northeasterly along a curve to the right, having a radius of 818.51 feet and an interior angle of 14°30’01’, an arc distance of 207.15 feet to a point; thence N43°44’07’E, 57.00 feet to the southerly right-of-way line of a county road, containing 2,948 acres, more or less; Excluding therefrom a tract of land situated in the S ½ of said Section 12, said Township and Range, described as commencing at the center of said Section 12; thence S1°24’56’W, 1265.52 feet to the point of beginning of the tract of land herein described; thence N88°29’02’W, 1122.50 feet; thence S1°43’26’W, 872.62 feet; thence S88°29’02’E, 1337.36 feet; thence Nl°43’26’E, 872.62 feet; thence N88°29’02’W, 214.86 feet to the point of beginning, containing 26.79 acres, more or less. The above described tract contains, in the aggregate, 177.69 acres, more or less. ####

(4)Reversion If the Secretary determines that the property conveyed under this subsection is not being used for a public purpose, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States. ###

(h)City of Clinton, Old Orchard Addition, Missouri ####

(1)Conveyance authorized The Secretary shall convey to the City of Clinton, Missouri, all right, title, and interest of the United States in and to the real property described in paragraph (2). ####

(2)Property The property to be conveyed is Lot 28 in Old Orchard Addition, a subdivision of the City of Clinton, Henry County, Missouri, containing 0.36 acres, more or less, including any improvements thereon. ####

(3)Deed The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States, including such reservations, terms, and conditions as the Secretary determines necessary to allow the United States to operate and maintain the Harry S. Truman Reservoir Project. ####

(4)Consideration The City of Clinton, Missouri, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary. ###

(i)Tri-County Levee District, Missouri ####

(1)Conveyance authorized The Secretary shall convey to the Tri-County Levee District, Missouri, all right, title, and interest of the United States in and to the real property described in paragraph (2). ####

(2)Property The property to be conveyed is the part of Sections 1 and 12 Township 45 North Range 6 West of the 5th P.M. in Montgomery County, Missouri, described as follows: A tract of land being 60’ wide and lying South and East of and adjoining the centerline of the existing levee and being described as follows: Commencing at the NW corner of Section 12, thence S 87° 52’ 35’ E 587.4’, thence S 01° 29’ 25’ W 453.68’ to the point of the beginning; said point being in the center of the levee, thence with the centerline of the levee N 77° 01’ 30’ E 164.92’, thence N 74° 26’ 55’ E 250.0’, thence N 72° 27’ 55’ E 270.0’, thence N 69° 06’ 10’ E 300.0’, thence N 66° 42’ 15’ E 500.0’, thence N 64° 14’ 30’ E 270.0’, thence N 61° 09’ 10’ E 800.0’, thence N 60° 58’ 15’ E 1724.45’, thence leaving the centerline S 01° 10’ 35’ W 69.43’, thence parallel with the above described centerline S 60° 58’ 15’ W 1689.62’, thence S 61° 09’ 10’ W 801.71’, thence S 64° 14’ 30’ W 272.91’, thence S 66° 42’ 15’ W 502.55’, thence S 69° 06’ 10’ W 303.02’, thence S 72° 27’ 55’ W 272.8’, thence S 74° 26’ 55’ W 252.39’, thence S 77° 01’ 30’ W 181.75’, thence leaving the South side of the levee N 01° 26’ 25’ E 61.96’ to the point of beginning and containing 5.89 acres more or less. ####

(4)Consideration The Tri-County Levee District, Missouri, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary. ###

(j)Judge Joseph Barker, Jr., House, Ohio ####

(1)Non-federal entity In this subsection, the term “non-Federal entity” means the Friends of Joseph Barker, Jr., House, a nonprofit organization in the State of Ohio. ####

(2)Conveyance authorized #####

(A)In general Subject to paragraph (6), the Secretary shall convey to the non-Federal entity, without consideration, all right, title, and interest of the United States in and to the property described in paragraph (3)(A). #####

(B)Easement Upon conveyance of the property under subparagraph (A), the Secretary shall provide to the non-Federal entity, without consideration, an easement over the property described in paragraph (3)(B) for access to the conveyed property for as long as the non-Federal entity is in legal possession of the conveyed property. ####

(3)Descriptions of property #####

(A)In general The property referred to in paragraph (2)(A) is the following (as in existence on the date of enactment of this Act): ######

(i)Judge joseph barker, jr., house The tract of land situated in the State of Ohio, Washington County, on the Ohio River, and being particularly bounded and described as follows: Beginning at a point located on the southern right-of-way line of Ohio Route 7, a new corner to the land now or formerly owned by the United States of America; thence, leaving the right-of-way of said Route 7 and severing the land of said United States of America parallel to and approximately 10 feet easterly of the toe of the existing dredge disposal berm, southeasterly approximately 326 feet to a point prior to the current Corps of Engineers access to the dredging spoil area; thence, northeasterly approximately 480 feet paralleling the top of the slope to the riverbank side of the house and approximately 25 feet northerly therefrom; thence, northwest approximately 302 feet to a point in the southern right-of-way of Ohio Route 7; thence with the right-of-way of said Route 7, southwesterly approximately 485 feet to the point of beginning, containing approximately 3.51 acres. ######

(ii)Road tract The tract of land situated in the State of Ohio, Washington County, on the Ohio River, and being particularly bounded and described as follows: Beginning at a point located on the southern right-of-way line of Ohio Route 7, a new corner to the land now or formerly owned by the United States of America; thence, leaving the right-of-way of said Route 7 and severing the land of said United States of America and with the House Parcel southeasterly 25 feet; thence, northeast, running parallel to said Route 7 right-of-way, approximately 994 feet to a point of deflection; thence northeasterly 368 feet to a point beyond the existing fence corner; thence, east 140 feet to the edge of the existing Willow Island access road; thence with said access road, northwesterly approximately 62 feet to a point in the southern right-of-way of Ohio Route 7; thence with the right-of-way of said Route 7, southwesterly approximately 1,491 feet to the point of beginning, containing approximately 1 acre. #####

(B)Easement The property referred to in paragraph (2)(B) is the following: The tract of land situated in the State of Ohio, Washington County, on the Ohio River, and being particularly bounded and described as follows: Beginning at a point at the intersection of the southern right-of-way of Ohio Route 7 and the northeast side of the existing Willow Island access road, a new corner to the land now or formerly owned by the United States of America; thence, southwest, running with said Route 7 right-of-way, approximately 30 feet to a point on the southwest side of the existing access road, and corner to the road tract; thence with said access road and the line of the road parcel, southeasterly approximately 62 feet to a point; thence leaving the road parcel and crossing the existing access road northeasterly approximately 30 feet to a point located on the northeast side of the existing access road; thence, northwesterly approximately 62 feet, to the point of beginning, containing approximately 0.04 acre. ####

(5)Reversion If the Secretary determines that the property conveyed under this subsection is not being used by the non-Federal entity for a public purpose, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States. ####

(6)Requirements #####

(A)Improvements; environmental assessment ######

(i)Improvements The Secretary shall make such improvements and alterations to the property described in paragraph (3)(A)(i) as the Secretary, in consultation with the non-Federal entity and relevant stakeholders, determines to be appropriate to facilitate conveyance of the property and provision of the easement under this subsection. ######

(ii)Environmental assessment Before making a conveyance under paragraph (2), the Secretary shall— ######

(I)conduct, with respect to the property to be conveyed, an assessment of the environmental condition of the property, including an investigation of any potential hazardous, toxic, or radioactive waste present on such property; and ######

(II)submit to the non-Federal entity a report describing the results of such assessment. ######

(iii)Limitation The total cost of the activities carried out by the Secretary under this subparagraph shall be not more than $120,000. #####

(B)Refusal by non-federal entity ######

(i)In general Upon review by the non-Federal entity of the report under subparagraph (A)(ii), the non-Federal entity may elect to refuse the conveyance under this subsection. ######

(ii)Election An election under clause (i)— ######

(I)shall be at the sole discretion of the non-Federal entity; and ######

(II)shall be made by the non-Federal entity by not later than the date that is 30 days after the date of submission of the report under subparagraph (A)(ii)(II). #####

(C)Dredged material placement activities The Secretary shall— ######

(i)notify and coordinate with the non-Federal entity and relevant stakeholders before carrying out any dredged material placement activities associated with the property described in paragraph (3)(A) after the date on which such property is conveyed under this subsection; and ######

(ii)in carrying out a dredged material placement activity under clause (i), act in accordance with Engineer Manual EM 1110-2-5025 (or a subsequent version of that manual). ####

(7)Reservation of rights The Secretary may reserve and retain from any conveyance under this subsection a right-of-way or any other right that the Secretary determines to be necessary for the operation and maintenance of the authorized Federal channel along the Ohio River. ####

(8)Treatment Conveyance to the non-Federal entity under this subsection of property described in paragraph (3)(A)(i) shall satisfy all obligations of the Secretary with respect to such property under— #####

(A)section 306101 of title 54, United States Code; and #####

(B)section 306108 of title 54, United States Code, with respect to the effects on the property of dredged material placement activities carried out by the Secretary after the date of the conveyances. ####

(9)Inapplicability Subtitle I of title 40, and chapter 4 of title 41, United States Code shall not apply to any conveyance or easement provided under this subsection. ###

(k)Leaburg Fish Hatchery, Lane County, Oregon ####

(1)Conveyance authorized Subject to the provisions of this subsection, the Secretary shall convey, without consideration, to the State of Oregon, acting through the Oregon Department of Fish and Wildlife, all right, title, and interest of the United States in and to the real property comprising the Leaburg Fish Hatchery, consisting of approximately 21.55 acres, identified as tracts Q-1500, Q-1501E, and 300E-1 and described in Department of the Army Lease No. DACW57-1-18-0009, together with any improvements on the property. ####

(2)Water rights The Secretary may transfer to the State of Oregon, acting through the Oregon Department of Fish and Wildlife, any water rights held by the United States that are appurtenant to the property conveyed under this subsection. ####

(3)Deed The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States, including a condition that all of the property conveyed under this subsection be used and maintained by the State of Oregon for the purpose of operating a fish hatchery in perpetuity. ####

(4)Reversion If the Secretary determines that the property conveyed under this subsection is not being used or maintained by the State of Oregon for the purpose of operating a fish hatchery in perpetuity, all or any portion of the property, including any water rights transferred under this subsection, shall, at the option of the Secretary, revert to the United States. ####

(5)Savings clause If the State of Oregon does not accept the conveyance under this subsection, the Secretary may dispose of the property, including appurtenant water rights, under subchapter III of chapter 5 of title 40, United States Code. ###

(l)Willamette Falls Locks, Willamette River, Oregon ####

(1)Definitions In this section: #####

(A)Real estate appendix The term “real estate appendix” means Appendix A of the document published by the District Commander of the Portland District of the Corps of Engineers, titled “Willamette Falls Locks Willamette River Oregon Section 216 Disposition Study with Integrated Environmental Assessment”. #####

(B)Receiving entity The term “receiving entity” means an entity identified by the State of Oregon, in consultation with the Willamette Falls Locks Commission, to receive the conveyance under paragraph (2). #####

(C)Willamette falls locks project The term “Willamette Falls Locks project” means the project for navigation, Willamette Falls Locks, Willamette River, Oregon, authorized by the Act of June 25, 1910 (36 Stat. 664, chapter 382). #####

(D)Willamette falls locks report The term “Willamette Falls Locks report” means the memorandum of the Director of Civil Works with the subject “Willamette Falls Locks (WFL), Willamette River Oregon Section 216 Disposition Study with Integrated Environmental Assessment (Study)”, dated July 11, 2019. ####

(2)Conveyance authorized The Secretary is authorized to convey to the receiving entity, without consideration, all right, title, and interest of the United States in and to any land in which the Federal Government has a property interest for the Willamette Falls Locks project, together with any improvements on the land, subject to the requirements of this subsection and in accordance with the Willamette Falls Locks report. ####

(4)Subject to existing easements and other interests The conveyance of property under paragraph

(2)shall be subject to all existing deed reservations, easements, rights-of-way, and leases that are in effect as of the date of the conveyance. ####

(5)Reversion If the Secretary determines that the property conveyed under this subsection cease to be held in public ownership, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States. ####

(6)Requirements before conveyance #####

(A)Perpetual road easement Before making the conveyance under paragraph (2), the Secretary shall acquire a perpetual road easement from an adjacent property owner for use of an access road, which easement shall convey with the property conveyed under such paragraph. #####

(B)Environmental compliance Before making the conveyance under paragraph (2), in accordance with the real estate appendix, the Secretary shall complete a Phase 1 Environmental Site Assessment pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). #####

(C)Historic preservation The Secretary may enter into a memorandum of agreement with the Oregon State Historic Preservation Office and the Advisory Council on Historic Preservation that identifies actions the Secretary shall take before making the conveyance under paragraph (2). #####

(D)Repairs Before making the conveyance under paragraph (2), the Secretary shall carry out repairs to address primary seismic and safety risks in accordance with the recommendations approved in the Willamette Falls Locks report. ####

(7)Deauthorization Beginning on the date on which the Secretary makes the conveyance under paragraph (2), the Willamette Falls Locks project is no longer authorized.

Connectionstraces to 1

Traces to 1 document

U.S. Code

Definitions
§ 9601

1 reference not yet in our index

36 Stat. 664

Citation graph

cites case law

Sec. 356

CONVEYANCES

U.S.C.§ 9601

Stat.36 Stat. 664

Cites 2Cited by 0 across 0 sources