§ 553. Property for correctional facility, law enforcement, and emergency management response purposes

785 words·~4 min read·/usc/title-40/section-553

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(a)Definition.— In this section, the term “State” includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and, the Northern Mariana Islands.

(b)Authority To Transfer Property.— The Administrator of General Services, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may transfer or convey to a State, or political subdivision or instrumentality of a State, surplus real and related personal property that—

(1)the Attorney General determines is required by the transferee or grantee for correctional facility use under a program approved by the Attorney General for the care or rehabilitation of criminal offenders;

(2)the Attorney General determines is required by the transferee or grantee for law enforcement purposes; or

(3)the Administrator of the Federal Emergency Management Agency determines is required by the transferee or grantee for emergency management response purposes including fire and rescue services.

(c)No Monetary Consideration.— A transfer or conveyance under this section shall be made without monetary consideration to the Federal Government.

(d)Deed of Conveyance.— The deed of conveyance of any surplus real and related personal property disposed of under this section—

(1)shall provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and

(2)may contain additional terms, reservations, restrictions, and conditions that the Administrator determines are necessary to safeguard the interests of the Government.

(e)Enforcement and Revision of Instruments Transferring Property Under This Section.— The Administrator shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer or conveyance under this section is made. The Administrator shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The Administrator shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the transferee (or other eligible user) any right or interest reserved to the Government by the instrument, if the Administrator determines that the property no longer serves the purpose for which it was transferred or that a release, conveyance, or quitclaim deed will not prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that the Administrator considers necessary to protect or advance the interests of the Government.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1099; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)

In subsection (a), the words “Trust Territory of the Pacific Islands” are omitted and the words “the Federated States of Micronesia, the Marshall Islands, Palau” are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.

In subsection (c), the text of 40:484(p)(1)(A) (last sentence) is omitted as executed and obsolete.

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Cited by 12 sections · top 10

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U.S. Code

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Pub. L. 107–217
116 Stat. 1099
Pub. L. 109–295, title VI, § 612(c)
120 Stat. 1410
section 612(c) of Pub. L. 109–295
Pub. L. 109–295
section 612(f)(2) of Pub. L. 109–295

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cites case law

§ 553

Property for correctional facility, law enforcement, and emergency management response purposes

Fed. Reg.×12

U.S.C.§ 313

U.S.C.§ 315

U.S.C.§ 542

Pub. L.Pub. L. 107–217

Stat.116 Stat. 1099

Pub. L.Pub. L. 109–295, title VI, § 612(c)

Stat.120 Stat. 1410

Pub. L.section 612(c) of Pub. L. 109–295

Cites 10 · showing 8Cited by 12 across 1 source