Sec. 3182. LAND CONVEYANCES
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## SEC. 3182 LAND CONVEYANCES ###
(a)St. Francis Basin, Arkansas and Missouri ####
(1)In general The Secretary shall convey to the State of Arkansas, without monetary consideration and subject to paragraph (2), all right, title, and interest in and to real property within the State acquired by the Federal Government as mitigation land for the project for flood control, St. Francis Basin, Arkansas and Missouri Project, authorized by the Flood Control Act of May 15, 1928 (33 U.S.C. 702a et seq.). ####
(2)Terms and conditions #####
(A)In general The conveyance by the United States under this subsection shall be subject to— ######
(i)the condition that the State of Arkansas agree to operate, maintain, and manage the real property for fish and wildlife, recreation, and environmental purposes at no cost or expense to the United States; and ######
(ii)such other terms and conditions as the Secretary determines to be in the interest of the United States. #####
(B)Reversion If the Secretary determines that the real property conveyed under paragraph
(1)ceases to be held in public ownership or the State ceases to operate, maintain, and manage the real property in accordance with this subsection, all right, title, and interest in and to the property shall revert to the United States, at the option of the Secretary. ####
(3)Mitigation Nothing in this subsection extinguishes the responsibility of the Federal Government or the non-Federal interest for the project referred to in paragraph
(1)from the obligation to implement mitigation for such project that existed on the day prior to the transfer authorized by this subsection. ###
(b)Oakland Inner Harbor Tidal Canal, California ####
(1)In general The Secretary may convey, by separate quitclaim deeds, as soon as the conveyance of each individual portion is practicable, the title of the United States in and to all or portions of the approximately 86 acres of upland, tideland, and submerged land, commonly referred to as the “Oakland Inner Harbor Tidal Canal”, California (referred to in this section as the “Canal Property”), as follows: #####
(A)To the city of Oakland, or to a multicounty public entity that is eligible to hold title to real property, without consideration, the title of the United States in and to all or portions of that part of the Canal Property that are located within the boundaries of the City of Oakland. #####
(B)To the city of Alameda, or to a multicounty public entity or other public entity created by or designated by the city of Alameda that is eligible to hold title to real property, without consideration, the title of the United States in and to all or portions of that part of the Canal Property that are located within the boundaries of the city of Alameda. #####
(C)To the owners of lands adjacent to the Canal Property, or to a multicounty public entity or other public entity created by or designated by one or more of the adjacent land owners that are eligible to hold title to real property, at fair market value, the title of the United States in and to all or portions of that part of the Canal Property that are located within the boundaries of the city in which the adjacent land is located. ####
(2)Requirement The Secretary may reserve and retain from any conveyance under this subsection a right-of-way or other rights as the Secretary determines to be necessary for the operation and maintenance of the authorized Federal channel in the Canal Property. ####
(3)Annual reports Until the date on which each conveyance described in paragraph
(1)is complete, the Secretary shall submit, by not later than November 30 of each year, to the Committee on Environment and Public Works of the Senate and Committee on Transportation and Infrastructure of the House of Representatives an annual report that describes the efforts of the Secretary to complete that conveyance during the preceding fiscal year. ####
(4)Form A conveyance made under this subsection may be, in whole or in part, in the form of an easement. ####
(5)Right of first refusal For any property on which an easement is granted under this subsection, should the Secretary seek to dispose of the property, the holder of the easement shall have the right of first refusal to the property without cost or consideration. ####
(6)Repeal Section 205 of the Water Resources Development Act of 1990 (104 Stat. 4633; 110 Stat. 3748) is repealed. ###
(c)Milford, Kansas ####
(1)In general The Secretary shall convey by quitclaim deed without consideration to the Geary County Fire Department, Milford, Kansas, all right, title, and interest of the United States in and to real property consisting of approximately 7.4 acres located in Geary County, Kansas, for construction, operation, and maintenance of a fire station. ####
(2)Reversion If the Secretary determines that the real property conveyed under paragraph
(1)ceases to be held in public ownership or ceases to be operated and maintained as 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. ###
(d)Strawn Cemetery, John Redmond Lake, Kansas ####
(1)In general As soon as practicable after the date of enactment of this Act, the Secretary, acting through the Tulsa District of the Corps of Engineers, shall transfer to Pleasant Township, Coffey County, Kansas, for use as the New Strawn Cemetery, all right, title, and interest of the United States in and to the land described in paragraph (3). ####
(2)Reversion If the land transferred under this subsection ceases at any time to be used as a nonprofit cemetery or for another public purpose, the land shall revert to the United States. ####
(3)Description The land to be conveyed under this subsection is a tract of land near John Redmond Lake, Kansas, containing approximately 3 acres and lying adjacent to the west line of the Strawn Cemetery located in the SE corner of the NE¼ of section 32, township 20 south, range 14 east, Coffey County, Kansas. ###
(e)Pike County, Missouri ####
(1)Definitions In this subsection, the following definitions apply: #####
(A)Federal land The term “**Federal land**” means the 2 parcels of Corps of Engineers land totaling approximately 42 acres, located on Buffalo Island in Pike County, Missouri, and consisting of Government Tract Numbers MIS–7 and a portion of FM–46. #####
(B)Non-federal land The term “**non-Federal land**” means the approximately 42 acres of land, subject to any existing flowage easements situated in Pike County, Missouri, upstream and northwest, about 200 feet from Drake Island (also known as Grimes Island). ####
(2)Land exchange Subject to paragraph (3), on conveyance by S.S.S., Inc., to the United States of all right, title, and interest in and to the non-Federal land, the Secretary shall convey to S.S.S., Inc., all right, title, and interest of the United States in and to the Federal land. ####
(3)Conditions #####
(A)Deeds ######
(i)Non-federal land The conveyance of the non-Federal land to the Secretary shall be by a warranty deed acceptable to the Secretary. ######
(ii)Federal land The conveyance of the Federal land to S.S.S., Inc., shall be— ######
(I)by quitclaim deed; and ######
(II)subject to any reservations, terms, and conditions that the Secretary determines to be necessary to allow the United States to operate and maintain the Mississippi River 9-Foot Navigation Project. ######
(iii)Legal descriptions The Secretary shall provide a legal description of the Federal land, and S.S.S., Inc., shall provide a legal description of the non-Federal land, for inclusion in the deeds referred to in clauses
(i)and (ii). #####
(B)Removal of improvements ######
(i)In general The Secretary may require the removal of, or S.S.S., Inc., may voluntarily remove, any improvements to the non-Federal land before the completion of the exchange or as a condition of the exchange. ######
(ii)No liability If S.S.S., Inc., removes any improvements to the non-Federal land under clause (i)— ######
(I)S.S.S., Inc., shall have no claim against the United States relating to the removal; and ######
(II)the United States shall not incur or be liable for any cost associated with the removal or relocation of the improvements. #####
(C)Administrative costs The Secretary shall require S.S.S., Inc. to pay reasonable administrative costs associated with the exchange. #####
(D)Cash equalization payment If the appraised fair market value, as determined by the Secretary, of the Federal land exceeds the appraised fair market value, as determined by the Secretary, of the non-Federal land, S.S.S., Inc., shall make a cash equalization payment to the United States. #####
(E)Deadline The land exchange under subparagraph
(B)shall be completed not later than 2 years after the date of enactment of this Act. ###
(f)Union Lake, Missouri ####
(1)In general The Secretary shall offer to convey to the State of Missouri, before June 30, 2007, all right, title, and interest in and to approximately 205.50 acres of land described in paragraph
(2)purchased for the Union Lake Project that was deauthorized as of January 1, 1990 (55 Fed. Reg. 40906), in accordance with section 1001(a) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(a)). ####
(2)Land description The land referred to in paragraph
(1)is described as follows: #####
(A)Tract 500 A tract of land situated in Franklin County, Missouri, being part of the SW¼ of section 7, and the NW¼ of the SW¼ of section 8, township 42 north, range 2 west of the fifth principal meridian, consisting of approximately 112.50 acres. #####
(B)Tract 605 A tract of land situated in Franklin County, Missouri, being part of the N½ of the NE, and part of the SE of the NE of section 18, township 42 north, range 2 west of the fifth principal meridian, consisting of approximately 93.00 acres. ####
(3)Conveyance On acceptance by the State of Missouri of the offer by the Secretary under paragraph (1), the land described in paragraph
(2)shall immediately be conveyed, in its current condition, by Secretary to the State of Missouri. ###
(g)Boardman, Oregon Section 501(g)(1) of the Water Resources Development Act of 1996 (110 Stat. 3751) is amended— ####
(1)by striking “city of Boardman,” and inserting “the Boardman Park and Recreation District, Boardman,”; and ####
(2)by striking “such city” and inserting “the city of Boardman”. ###
(h)Lookout Point Project, Lowell, Oregon ####
(1)In general The Secretary may convey without consideration to Lowell School District, by quitclaim deed, all right, title, and interest of the United States in and to land and buildings thereon, known as Tract A–82, located in Lowell, Oregon, and described in paragraph (2). ####
(2)Description of property The parcel of land authorized to be conveyed under paragraph
(1)is as follows: Commencing at the point of intersection of the west line of Pioneer Street with the westerly extension of the north line of Summit Street, in Meadows Addition to Lowell, as platted and recorded at page 56 of Volume 4, Lane County Oregon Plat Records; thence north on the west line of Pioneer Street a distance of 176.0 feet to the true point of beginning of this description; thence north on the west line of Pioneer Street a distance of 170.0 feet; thence west at right angles to the west line of Pioneer Street a distance of 250.0 feet; thence south and parallel to the west line of Pioneer Street a distance of 170.0 feet; thence east 250.0 feet to the true point of beginning of this description in Section 14, Township 19 South, Range 1 West of the Willamette Meridian, Lane County, Oregon. ####
(3)Terms and conditions Before conveying the parcel to the school district, the Secretary shall ensure that the conditions of buildings and facilities meet the requirements of applicable Federal law. ####
(4)Reversion If the Secretary determines that the property conveyed under paragraph
(1)ceases to be held in public ownership, all right, title, and interest in and to the property shall revert to the United States, at the option of the United States. ###
(i)Richard B. Russell Lake, South Carolina ####
(1)In general The Secretary shall convey, at fair market value, to the State of South Carolina, by quitclaim deed, all right, title, and interest of the United States in and to the parcels of land described in paragraph (2)(A) that are managed, as of the date of enactment of this Act, by the South Carolina department of commerce for public recreation 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 Subject to subparagraphs
(B)and (C), the parcels of land referred to in paragraph
(1)are the parcels contained in the portion of land described in Army Lease Number DACW21–1–92–0500. #####
(B)Retention of interests The United States shall retain— ######
(i)ownership of all land included in the lease referred to in subparagraph
(A)that would have been acquired for operational purposes in accordance with the 1971 implementation of the 1962 Army/Interior Joint Acquisition Policy; and ######
(ii)such other land as is determined by the Secretary to be required for authorized project purposes, including easement rights-of-way to remaining Federal land. #####
(C)Survey The cost of the survey shall be paid by the State. ####
(3)Costs of conveyance #####
(A)In general The State shall be responsible for all costs, including real estate transaction and environmental costs, associated with the conveyance under this subsection. #####
(B)Form of contribution As determined appropriate by the Secretary, in lieu of payment of compensation to the United States under subparagraph (A), the State may perform certain environmental or real estate actions associated with the conveyance under this subsection if those actions are performed in close coordination with, to the satisfaction of, and in compliance with the laws of the United States. ####
(4)Additional terms and conditions #####
(A)No effect on shore management policy The Shoreline Management Policy (ER–1130–2–406) of the Corps of Engineers may not be changed or altered for any proposed development of land conveyed under this subsection. #####
(B)Cost sharing In carrying out the conveyance under this subsection, the Secretary and the State shall comply with all obligations of any cost sharing agreement between the Secretary and the State in effect as of the date of the conveyance. #####
(C)Land not conveyed The State shall continue to manage the land that is subject to Army Lease Number DACW21–1–92–0500 and that is not conveyed under this subsection in accordance with the terms and conditions of Army Lease Number DACW21–1–92–0500. ###
(j)Denison, Texas ####
(1)In general Not later than 90 days after the date of enactment of this Act, the Secretary shall offer to convey at fair market value to the city of Denison, Texas, all right, title, and interest of the United States in and to the approximately 900 acres of land located in Grayson County, Texas, which is currently subject to an application for lease for public park and recreational purposes made by the city of Denison, dated August 17, 2005. ####
(2)Survey to obtain legal description The exact acreage and description of the real property referred to in paragraph
(1)shall be determined by a survey paid for by the city of Denison, Texas, that is satisfactory to the Secretary. ####
(3)Conveyance Not later than 90 days after the date of acceptance by the city of Denison, Texas, of an offer under paragraph (1), the Secretary shall convey the land surveyed under paragraph
(2)by quitclaim deed to the city of Denison, Texas. ###
(k)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)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. ####
(4)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. ####
(5)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.
Connectionstraces to 2
5 references not yet in our index
- 104 Stat. 4633
- 110 Stat. 3748
- 55 FR 40906
- 110 Stat. 3751
- 80 Stat. 1420
Citation graph
cites case law
Sec. 3182
LAND CONVEYANCES
Stat.104 Stat. 4633
Stat.110 Stat. 3748
Fed. Reg.55 FR 40906
Stat.110 Stat. 3751
Stat.80 Stat. 1420
Cites 7Cited by 0 across 0 sources