EP 1165-2-1
30 Jul 99
concessions and recreational purposes. This authority is also used
for licenses for fish and wildlife purposes.
c. 43 U.S.C. 961 provides authority to grant easements on
Government lands for electric power and communication lines.
d. 10 U.S.C. 2669 provides authority to grant easements for
gas, water and sewer pipelines.
e. 10 U.S.C. 2668 provides authority to grant various types of
easements for rights-of-way.
f. 30 U.S.C. 185 provides authority to grant easements for
fuel-carrying pipelines and related facilities.
g. 10 U.S.C. 4777 provides authority for ferry landings,
bridges and livestock crossings.
h. 40 U.S.C. 319 provides for easements for rights-of-way or
other purposes.
i. The general administrative power of the Secretary of the
Army allows for use of Army real property by a license or permit.
11-11. Disposal of Civil Works Project Real Estate. Power to dispose
of real estate belonging to the United States is vested in Congress
(Article VI, Section 3, clause 2 of the Constitution) and no Corps
real estate will be sold or otherwise disposed of without authority of
Congress. The major portion of real estate disposal actions performed
by the Corps is predicated on authority derived from the Federal
Property and Administrative Services Act of 1949 (Public Law 152, 81st
Congress), as amended (40 U.S.C. 471, et seq.), and the rules,
regulations and delegations of authority issued by the General
Services Administration (GSA) thereunder. For example, GSA has
delegated to the Secretary of the Army the authority to dispose of
real property that has an estimated value of ,000 or less.
However, absent specific delegation from GSA or specific authorization
by Act of Congress to dispose of project lands, lands excess to
project requirements must be turned over by the Corps to GSA for
disposal in conformance with the 1949 Act. Some general examples of
specific disposal authority are:
a. 10 U.S.C. 2571(a) authorizes the transfer, without
reimbursement, of real estate between the Army, Navy, Air Force and
Coast Guard.
b. Specific authority exists for transfers to the Tennessee
Valley Authority, Federal Prison Industries, Inc., the Veterans
Administration, the Department of Transportation, the National Weather
Service, and to the District of Columbia.
c. 16 U.S.C. 505a, 505b authorizes the interchange of
national forest lands and lands under the control of the military
departments.
d. 33 U.S.C. 558b authorizes the exchange of Government-owned
excess fee-owned land and easement interests for land or interests in
land required for river and harbor project purposes. 33 U.S.C. 558b-1
extends this authority to flood control projects.
e.
49 U.S.C. 2215 provides for disposal of lands for airport
11-15
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