Sec. 1327. CHAMBERS, GALVESTON, AND HARRIS COUNTIES, TEXAS
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## SEC. 1327 CHAMBERS, GALVESTON, AND HARRIS COUNTIES, TEXAS ###
(a)In General On receipt of a written request of the Port of Houston Authority, the Secretary shall— ####
(1)review the land owned and easements held by the United States for the Federal project for navigation, Houston Ship Channel, Texas, authorized by section 101 of the River and Harbor Act of 1958 (72 Stat. 298; 74 Stat. 486; 79 Stat. 1091; 100 Stat. 4170; 110 Stat. 3666); and ####
(2)convey to the Port of Houston Authority, or, in the case of an easement, release to the owner of the fee title to the land subject to such easement, for an amount that is not less than the fair market value of the property, any such land and easements described in paragraph
(1)that the Secretary determines are no longer required for project purposes. ###
(b)Actions In carrying out subsection (a), the Secretary shall— ####
(1)not consider any land or easements in locations identified by the Secretary or non-Federal interest as required for the preferred plan, or any subsequent modification thereof, for the feasibility study for the project for navigation, Cedar Port Navigation and Improvement District Channel Deepening Project, Baytown, Texas, under section 203(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2231(b)); ####
(2)determine the exact acreage and the legal description of any real property to be conveyed under this section based on a survey that is satisfactory to the Secretary; ####
(3)ensure that the Port of Houston Authority is provided the right of first refusal for any potential release or conveyance of excess easements; ####
(4)work alongside the Port of Houston Authority in identifying opportunities for land exchanges, where possible; and ####
(5)ensure that any conveyance or release of excess easements, or exchange of land, does not interfere with any Federal navigation project that has been constructed or is authorized to be constructed. ###
(c)Deed The Secretary shall convey the property under this section by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States. ###
(d)Additional Terms and Conditions The Secretary may require that any conveyance or release of an easement 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. ###
(e)Costs of Conveyance or Release of an Easement An entity to which a conveyance or release of an easement 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 or release of the easement. ###
(f)Waiver of Real Property Screening Requirements Section 2696 of title 10, United States Code, shall not apply to the conveyance of land or release of an easement under this section. ###
(g)Liability An entity to which a conveyance or release 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 or release, on the real property conveyed or with respect to which an easement is released. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed or with respect to which an easement is released.
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- 72 Stat. 298
- 74 Stat. 486
- 79 Stat. 1091
- 100 Stat. 4170
- 110 Stat. 3666
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Sec. 1327
CHAMBERS, GALVESTON, AND HARRIS COUNTIES, TEXAS
Stat.72 Stat. 298
Stat.74 Stat. 486
Stat.79 Stat. 1091
Stat.100 Stat. 4170
Stat.110 Stat. 3666
Cites 6Cited by 0 across 0 sources