Sec. 348. LAND CONVEYANCES
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## SEC. 348 LAND CONVEYANCES ###
(a)Thompson, Connecticut ####
(1)In general The Secretary shall convey by quitclaim deed without consideration to the town of Thompson, Connecticut, all right, title, and interest of the United States in and to the approximately 1.36-acre parcel of land described in paragraph
(2)for public ownership and use by the town for firefighting and related emergency services purposes. ####
(2)Land description The parcel of land referred to in paragraph
(1)is located in the town of Thompson, county of Windham, State of Connecticut, on the northerly side of West Thompson Road owned by the United States and shown as Parcel A on a plan by Provost, Rovero, Fitzback entitled “Property Survey Prepared for West Thompson Independent Firemen Association #1” dated August 24, 1998, bounded and described as follows: Beginning at a bound labeled WT-276 on the northerly side line of West Thompson Road, so called, at the most south corner of the Parcel herein described and at land now or formerly of West Thompson Independent Firemen Association No. 1; Thence in a generally westerly direction by said northerly side line of West Thompson Road, by a curve to the left, having a radius of 640.00 feet a distance of 169.30 feet to a point; Thence North 13 degrees, 08 minutes, 37 seconds East by the side line of said West Thompson Road a distance of 10.00 feet to a point; Thence in a generally westerly direction by the northerly side line of said West Thompson Road, by a curve to the left having a radius of 650.00 feet a distance of 109.88 feet to a bound labeled WT-123, at land now or formerly of the United States of America; Thence North 44 degrees, 43 minutes, 07 seconds East by said land now or formerly of the United States of America a distance of 185.00 feet to a point; Thence North 67 degrees, 34 minutes, 13 seconds East by said land now or formerly of the United States of America a distance of 200.19 feet to a point in a stonewall; Thence South 20 degrees, 49 minutes, 17 seconds East by a stonewall and by said land now or formerly of the United States of America a distance of 253.10 feet to a point at land now or formerly of West Thompson Independent Firemen Association No. 1; Thence North 57 degrees, 45 minutes, 25 seconds West by land now or formerly of said West Thompson Independent Firemen Association No. 1 a distance of 89.04 feet to a bound labeled WT-277; Thence South 32 degrees, 14 minutes, 35 seconds West by land now or formerly of said West Thompson Independent Firemen Association No. 1 a distance of 123.06 feet to the point of beginning. ####
(3)Reversion If the Secretary determines that the parcel described in paragraph
(2)ceases to be held in public ownership or used for firefighting and related emergency services, all right, title, and interest in and to the parcel shall revert to the United States, at the option of the United States. ###
(b)Washington, District of Columbia ####
(1)In general The Secretary shall convey to the Lucy Webb Hayes National Training School for Deaconesses and Missionaries Conducting Sibley Memorial Hospital (in this subsection referred to as the “Hospital”) by quitclaim deed under the terms of a negotiated sale, all right, title, and interest of the United States in and to the 8.864-acre parcel of land described in paragraph
(2)for medical care and parking purposes. The consideration paid under such negotiated sale shall reflect the value of the parcel, taking into consideration the terms and conditions of the conveyance imposed under this subsection. ####
(2)Land description The parcel of land referred to in paragraph
(1)is the parcel described as follows: Beginning at a point on the westerly right-of-way line of Dalecarlia Parkway, said point also being on the southerly division line of part of Square N1448, A&T Lot 801 as recorded in A&T 2387 and part of the property of the United States Government, thence with said southerly division line now described: #####
(A)North 35° 05′ 40′′ West—436.31 feet to a point, thence #####
(B)South 89° 59′ 30′′ West—550 feet to a point, thence #####
(C)South 53° 48′ 00′′ West—361.08 feet to a point, thence #####
(D)South 89° 59′ 30′′ West—466.76 feet to a point at the southwesterly corner of the aforesaid A&T Lot 801, said point also being on the easterly right-of-way line of MacArthur Boulevard, thence with a portion of the westerly division line of said A&T Lot 801 and the easterly right-of-way line of MacArthur Boulevard, as now described #####
(E)78.62 feet along the arc of a curve to the right having a radius of 650.98 feet, chord bearing and distance of North 06° 17′ 20′′ West—78.57 feet to a point, thence crossing to include a portion of aforesaid A&T Lot 801 and a portion of the aforesaid Dalecarlia Reservoir Grounds, as now described #####
(F)North 87° 18′ 21′′ East—258.85 feet to a point, thence #####
(G)North 02° 49′ 16′′ West—214.18 feet to a point, thence #####
(H)South 87° 09′ 00′′ West—238.95 feet to a point on the aforesaid easterly right-of-way line of MacArthur Boulevard, thence with said easterly right-of-way line, as now described #####
(I)North 08° 41′ 30′′ East—30.62 feet to a point, thence crossing to include a portion of aforesaid A&T Lot 801 and a portion of the aforesaid Dalecarlia Reservoir Grounds, as now described #####
(J)North 87° 09′ 00′′ East—373.96 feet to a point, thence #####
(K)North 88° 42′ 48′′ East—374.92 feet to a point, thence #####
(L)North 56° 53′ 40′′ East—53.16 feet to a point, thence #####
(M)North 86° 00′ 15′′ East—26.17 feet to a point, thence #####
(N)South 87° 24′ 50′′ East—464.01 feet to a point, thence #####
(O)North 83° 34′ 31′′ East—212.62 feet to a point, thence #####
(P)South 30° 16′ 12′′ East—108.97 feet to a point, thence #####
(Q)South 38° 30′ 23′′ East—287.46 feet to a point, thence #####
(R)South 09° 03′ 38′′ West—92.74 feet to the point on the aforesaid westerly right-of-way line of Dalecarlia Parkway, thence with said westerly right-of-way line, as now described #####
(S)197.74 feet along the arc of a curve to the right having a radius of 916.00 feet, chord bearing and distance of South 53° 54′ 43′′ West—197.35 feet to the place of beginning. ####
(3)Terms and conditions The conveyance under this subsection shall be subject to the following terms and conditions: #####
(A)Limitation on the use of certain portions of the parcel The Secretary shall include in any deed conveying the parcel under this section a restriction to prevent the Hospital, and its successors and assigns, from constructing any structure, other than a structure used exclusively for the parking of motor vehicles, on the portion of the parcel that lies between the Washington Aqueduct and Little Falls Road. #####
(B)Limitation on certain legal challenges The Secretary shall require the Hospital, and its successors and assigns, to refrain from raising any legal challenge to the operations of the Washington Aqueduct arising from any impact such operations may have on the activities conducted by the Hospital on the parcel. #####
(C)Easement The Secretary shall require that the conveyance be subject to the retention of an easement permitting the United States, and its successors and assigns, to use and maintain the portion of the parcel described as follows: Beginning at a point on the easterly or South 35° 05′ 40′′ East—436.31 foot plat line of Lot 25 as shown on a subdivision plat recorded in book 175 page 102 among the records of the Office of the Surveyor of the District of Columbia, said point also being on the northerly right-of-way line of Dalecarlia Parkway, thence running with said easterly line of Lot 25 and crossing to include a portion of the aforesaid Dalecarlia Reservoir Grounds as now described: ######
(i)North 35° 05′ 40′′ West—495.13 feet to a point, thence ######
(ii)North 87° 24′ 50′′ West—414.43 feet to a point, thence ######
(iii)South 81° 08′ 00′′ West—69.56 feet to a point, thence ######
(iv)South 88° 42′ 48′′ West—367.50 feet to a point, thence ######
(v)South 87° 09′ 00′′ West—379.68 feet to a point on the easterly right-of-way line of MacArthur Boulevard, thence with said easterly right-of-way line, as now described ######
(vi)North 08° 41′ 30′′ East—30.62 feet to a point, thence crossing to include a portion of the aforesaid Dalecarlia Reservoir Grounds, as now described ######
(vii)North 87° 09′ 00′′ East—373.96 feet to a point, thence ######
(viii)North 88° 42′ 48′′ East—374.92 feet to a point, thence ######
(ix)North 56° 53′ 40′′ East—53.16 feet to a point, thence ######
(x)North 86° 00′ 15′′ East—26.17 feet to a point, thence ######
(xi)South 87° 24′ 50′′ East—464.01 feet to a point, thence ######
(xii)North 83° 34′ 31′′ East—50.62 feet to a point, thence ######
(xiii)South 02° 35′ 10′′ West—46.46 feet to a point, thence ######
(xiv)South 13° 38′ 12′′ East—107.83 feet to a point, thence ######
(xv)South 35° 05′ 40′′ East—347.97 feet to a point on the aforesaid northerly right-of-way line of Dalecarlia Parkway, thence with said right-of-way line, as now described ######
(xvi)44.12 feet along the arc of a curve to the right having a radius of 855.00 feet, chord bearing and distance of South 58° 59′ 22′′ West—44.11 feet to the place of beginning containing 1.7157 acres of land more or less as now described by Maddox Engineers and Surveyors, Inc., June 2000, Job #00015. ####
(4)Appraisal Before conveying any right, title, or interest under this subsection, the Secretary shall obtain an appraisal of the fair market value of the parcel. ###
(c)Joliet, Illinois ####
(1)In general Subject to the provisions of this subsection, the Secretary shall convey by quitclaim deed without consideration to the Joliet Park District in Joliet, Illinois, all right, title, and interest of the United States in and to the parcel of real property located at 622 Railroad Street in the city of Joliet, consisting of approximately 2 acres, together with any improvements thereon, for public ownership and use as the site of the headquarters of the park district. ####
(2)Survey to obtain legal description The exact acreage and the legal description of the real property described in paragraph
(1)shall be determined by a survey that is satisfactory to the Secretary. ####
(3)Reversion If the Secretary determines that the property conveyed under paragraph
(1)ceases to be held in public ownership or to be used as headquarters of the park district or for related purposes, all right, title, and interest in and to the property shall revert to the United States, at the option of the United States. ###
(d)Ottawa, Illinois ####
(1)Conveyance of property Subject to the terms, conditions, and reservations of paragraph (2), the Secretary shall convey by quitclaim deed to the Young Men’s Christian Association of Ottawa, Illinois (in this subsection referred to as the “YMCA”), all right, title, and interest of the United States in and to a portion of the easements acquired for the improvement of the Illinois Waterway project over a parcel of real property owned by the YMCA, known as the “Ottawa, Illinois, YMCA Site”, and located at 201 E. Jackson Street, Ottawa, La Salle County, Illinois (portion of NE¼, S11, T33N, R3E 3PM), except that portion lying below the elevation of 461 feet National Geodetic Vertical Datum. ####
(2)Conditions The following conditions apply to the conveyance under paragraph (1): #####
(A)The exact acreage and the legal description of the real property described in paragraph
(1)shall be determined by a survey that is satisfactory to the Secretary. #####
(B)The YMCA shall agree to hold and save the United States harmless from liability associated with the operation and maintenance of the Illinois Waterway project on the property described in paragraph (1). #####
(C)If the Secretary determines that any portion of the property that is the subject of the easement conveyed under paragraph
(1)ceases to be used for the purposes for which the YMCA was established, all right, title, and interest in and to such easement shall revert to the United States, at the option of the United States. ###
(e)Bayou Teche, Louisiana ####
(1)In general After renovations of the Keystone Lock facility have been completed, the Secretary may convey by quitclaim deed without consideration to St. Martin Parish, Louisiana, all rights, title, and interests of the United States in the approximately 12.03 acres of land under the administrative jurisdiction of the Secretary in Bayou Teche, Louisiana, together with improvements thereon. The dam and the authority to retain upstream pool elevations shall remain under the jurisdiction of the Secretary. The Secretary shall relinquish all operations and maintenance of the lock to St. Martin Parish. ####
(2)Conditions The following conditions apply to the transfer under paragraph (1): #####
(A)St. Martin Parish shall operate, maintain, repair, replace, and rehabilitate the lock in accordance with regulations prescribed by the Secretary that are consistent with the project’s authorized purposes. #####
(B)The Parish shall provide the Secretary access to the dam whenever the Secretary notifies the Parish of a need for access to the dam. #####
(C)If the Parish fails to comply with subparagraph (A), the Secretary shall notify the Parish of such failure. If the Parish does not correct such failure during the 1-year period beginning on the date of such notification, the Secretary shall have a right of reverter to reclaim possession and title to the land and improvements conveyed under this section or, in the case of a failure to make necessary repairs, the Secretary may effect the repairs and require payment from the Parish for the repairs made by the Secretary. ###
(f)Ontonagon, Michigan ####
(1)In general The Secretary may convey to the Ontonagon County Historical Society, at Federal expense— #####
(A)the lighthouse at Ontonagon, Michigan; and #####
(B)the land underlying and adjacent to the lighthouse (including any improvements on the land) that is under the jurisdiction of the Secretary. ####
(2)Map The Secretary shall— #####
(A)determine the extent of the land conveyance under this subsection; #####
(B)determine the exact acreage and legal description of the land to be conveyed under this subsection; and #####
(C)prepare a map that clearly identifies any land to be conveyed. ####
(3)Environmental response To the extent required under any applicable law, the Secretary shall be responsible for any necessary environmental response required as a result of the prior Federal use or ownership of the land and improvements conveyed under this subsection. ####
(4)Responsibilities after conveyance After the conveyance of land under this subsection, the Ontonagon County Historical Society shall be responsible for any additional operation, maintenance, repair, rehabilitation, or replacement costs associated with the lighthouse or the conveyed land and improvements. ####
(5)Applicability of environmental law Nothing in this section affects the potential liability of any person under any applicable environmental law. ####
(6)Reversion If the Secretary determines that the property conveyed under paragraph
(1)ceases to be owned by the Ontonagon County Historical Society or to be used for public purposes, all right, title, and interest in and to such property shall revert to the United States, at the option of the United States. ###
(g)Pike County, Missouri ####
(1)In general Subject to paragraphs
(3)and (4), at such time as S.S.S., Inc. conveys all right, title, and interest in and to the parcel of land described in paragraph (2)(A) to the United States, the Secretary shall convey all right, title, and interest of the United States in and to the parcel of land described in paragraph (2)(B) to S.S.S., Inc. ####
(2)Land description The parcels of land referred to in paragraph
(1)are the following: #####
(A)Non-federal land 8.99 acres with existing flowage easements, located in Pike County, Missouri, adjacent to land being acquired from Holnam, Inc. by the Corps of Engineers. #####
(B)Federal land 8.99 acres located in Pike County, Missouri, known as “Government Tract Numbers FM-46 and FM-47”, administered by the Corps of Engineers. ####
(3)Conditions The land exchange under paragraph
(1)shall be subject to the following conditions: #####
(A)Deeds ######
(i)Non-federal land The conveyance of the parcel of land described in paragraph (2)(A) to the Secretary shall be by a warranty deed acceptable to the Secretary. ######
(ii)Federal land The instrument of conveyance used to convey the parcel of land described in paragraph (2)(B) to S.S.S., Inc., shall contain such reservations, terms, and conditions as the Secretary considers necessary to allow the United States to operate and maintain the Mississippi River 9-Foot Navigation Project. #####
(B)Removal of improvements ######
(i)In general S.S.S., Inc. may remove, and the Secretary may require S.S.S., Inc. to remove, any improvements on the parcel of land described in paragraph (2)(A). ######
(ii)No liability If S.S.S., Inc., voluntarily or under direction from the Secretary, removes an improvement on the parcel of land described in paragraph (2)(A)— ######
(I)S.S.S., Inc., shall have no claim against the United States for liability; and ######
(II)the United States shall not incur or be liable for any cost associated with the removal or relocation of the improvement. #####
(C)Time limit for land exchange Not later than 2 years after the date of enactment of this Act, the land exchange under paragraph
(1)shall be completed. #####
(D)Legal description The Secretary shall provide legal descriptions of the parcels of land described in paragraph (2), which shall be used in the instruments of conveyance of the parcels. ####
(4)Value of properties If the appraised fair market value, as determined by the Secretary, of the parcel of land conveyed to S.S.S., Inc., by the Secretary under paragraph
(1)exceeds the appraised fair market value, as determined by the Secretary, of the parcel of land conveyed to the United States by S.S.S., Inc., under paragraph (1), S.S.S., Inc., shall pay to the United States, in cash or a cash equivalent, an amount equal to the difference between the 2 values. ###
(h)St. Clair and Benton Counties, Missouri ####
(1)In general The Secretary shall convey to the Iconium Fire Protection District, St. Clair and Benton counties, Missouri, 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 (2). ####
(2)Land description The parcel of land to be conveyed under paragraph
(1)is the tract of land located in the Southeast ¼ of Section 13, Township 39 North, Range 25 West, of the Fifth Principal Meridian, St. Clair County, Missouri, more particularly described as follows: Commencing at the Southwest corner of Section 18, as designated by Corps survey marker AP 18-1, thence northerly 11.22 feet to the southeast corner of Section 13, thence 657.22 feet north along the east line of Section 13 to Corps monument 18 1-C lying within the right-of-way of State Highway C, being the point of beginning of the tract of land herein described; thence westerly approximately 210 feet, thence northerly 150 feet, thence easterly approximately 210 feet to the east line of Section 13, thence southerly along said east line, 150 feet to the point of beginning, containing 0.723 acres, more or less. ####
(3)Reversion If the Secretary determines that the property conveyed under paragraph
(1)ceases to be held in public ownership or to be used as a site for a fire station, all right, title, and interest in and to the property shall revert to the United States, at the option of the United States. ###
(i)Candy Lake Project, Osage County, Oklahoma Section 563(c)(1)(B) of the Water Resources Development Act of 1999 (113 Stat. 357) is amended by striking “a deceased individual” and inserting “an individual”. ###
(j)Manor Township, Pennsylvania ####
(1)In general In accordance with this subsection, the Secretary shall convey by quitclaim deed to the township of Manor, Pennsylvania, all right, title, and interest of the United States in and to the approximately 113 acres of real property located at Crooked Creek Lake, together with any improvements on the land. ####
(2)Survey to obtain legal description The exact acreage and the legal description of the real property described in paragraph
(1)shall be determined by a survey that is satisfactory to the Secretary. ####
(3)Consideration The Secretary may convey under this subsection without consideration any portion of the real property described in paragraph
(1)if the portion is to be retained in public ownership and be used for public park and recreation or other public purposes. ####
(4)Reversion If the Secretary determines that any portion of the property conveyed under paragraph
(3)ceases to be held in public ownership or to be used for public park and recreation or other public purposes, all right, title, and interest in and to such portion of property shall revert to the United States, at the option of the United States. ###
(k)Richard B. Russell Dam and Lake, South Carolina Section 563(i) of the Water Resources Development Act of 1999 (113 Stat. 360-361) is amended to read as follows: > > ### “(i) Richard B. Russell Dam and Lake, South Carolina > > > #### “(1) In general > > The Secretary shall convey to the State of South Carolina all right, title, and interest of the United States in and to the parcels of land described in paragraph (2)(A) that are being managed, as of August 17, 1999, by the South Carolina Department of Natural Resources for fish and wildlife mitigation purposes for the Richard B. Russell Dam and Lake, South Carolina, project authorized by section 203 of the Flood Control Act of 1966 (80 Stat. 1420). > > > #### “(2) Land description > > > ##### “(A) In general > > The parcels of land to be conveyed are described in Exhibits A, F, and H of Army Lease No. DACW21-1-93-0910 and associated supplemental agreements. > > > ##### “(B) Survey > > The exact acreage and legal description of the land shall be determined by a survey satisfactory to the Secretary, with the cost of the survey borne by the State. > > > #### “(3) Costs of conveyance > > The State shall be responsible for all costs, including real estate transaction and environmental compliance costs, associated with the conveyance. > > > #### “(4) Perpetual status > > > ##### “(A) In general > > All land conveyed under this subsection shall be retained in public ownership and shall be managed in perpetuity for fish and wildlife mitigation purposes in accordance with a plan approved by the Secretary. > > > ##### “(B) Reversion > > If any parcel of land is not managed for fish and wildlife mitigation purposes in accordance with the plan, title to the parcel shall revert to the United States, at the option of the United States. > > > #### “(5) Additional terms and conditions > > The Secretary may require such additional terms and conditions in connection with the conveyance under this subsection as the Secretary considers appropriate to protect the interests of the United States. > > > #### “(6) Fish and wildlife mitigation agreement > > > ##### “(A) In general > > The Secretary shall pay the State of South Carolina $4,850,000, subject to the Secretary and the State entering into a contract for the State to manage for fish and wildlife mitigation purposes in perpetuity the parcels of land conveyed under this subsection. > > > ##### “(B) Failure of performance > > The agreement shall specify the terms and conditions under which payment will be made and the rights of, and remedies available to, the Federal Government to recover all or a portion of the payment if the State fails to manage any parcel in a manner satisfactory to the Secretary.” > . ###
(l)Tri-Cities Area, Washington Section 501(i) of the Water Resources Development Act of 1996 (110 Stat. 3752-3753) is amended— ####
(1)by inserting before the period at the end of paragraph
(1)the following: “; except that any of such local governments, with the agreement of the appropriate district engineer, may exempt from the conveyance to the local government all or any part of the property to be conveyed to the local government”; and ####
(2)by inserting before the period at the end of paragraph (2)(C) the following: “; except that approximately 7.4 acres in Columbia Park, Kennewick, Washington, consisting of the historic site located in the Park and known and referred to as the “Kennewick Man Site” and such adjacent wooded areas as the Secretary determines are necessary to protect the historic site, shall remain in Federal ownership”. ###
(m)Generally Applicable Provisions ####
(1)Applicability of property screening provisions Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. ####
(2)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 appropriate and necessary to protect the interests of the United States. ####
(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 compliance 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. # TITLE V MISCELLANEOUS PROVISIONS * * * * * * *
Connections4 off-index
4 references not yet in our index
- 113 Stat. 357
- 113 Stat. 360
- 80 Stat. 1420
- 110 Stat. 3752
Citation graph
cites case law
Sec. 348
LAND CONVEYANCES
Stat.113 Stat. 357
Stat.113 Stat. 360
Stat.80 Stat. 1420
Stat.110 Stat. 3752
Cites 4Cited by 0 across 0 sources