Title 40 of the U.S. Code § 1304 - Transfer of federal property to States

§ 1304. Transfer of federal property to States

(a) Obsolete Buildings and Sites.—

(1) In general.—The Administrator of General Services, in the Administrator's discretion, on terms the Administrator considers proper, and under regulations the Administrator may prescribe, may sell property described in paragraph (2) to a State or a political subdivision of a State for public use if the Administrator considers the sale to be in the best interest of the Federal Government.

(2) Applicable property.—The property referred to in paragraph (1) is any federal building, building site, or part of a building site under the Administrator's control that has been replaced by a new structure and that the Administrator determines is no longer needed by the Government.

(3) Price.—The purchase price for a sale under this section must be at least 50 percent of the value of the land as appraised by the Administrator.

(4) Proceeds of sale.—The proceeds of a sale under this section shall be deposited in the Treasury as miscellaneous receipts.

(5) Payment terms.—The Administrator may enter into a long term contract for the payment of the purchase price in installments that the Administrator considers fair and reasonable. The Administrator may waive any requirement for interest charges on deferred payment.

(6) Conveyance.—The Administrator may convey property sold under this section by the usual quitclaim deed.

(b) Widening of Public Roads.—

(1) Definition.—In this subsection, the term "executive agency" means an executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation.

(2) In general.—When a State or a political subdivision of a State applies for a conveyance or transfer of real property of the Government in connection with an authorized widening of a public highway, street, or alley, the head of the executive agency that controls the affected real property may convey or transfer to the State or political subdivision, with or without consideration, an interest in the real property that the agency head determines is not adverse to the interests of the Government. A conveyance or transfer under this subsection is subject to terms and conditions the agency head considers necessary to protect the interests of the Government.

(3) Limitation on transfers for highway purposes.—An interest in real property which can be transferred to a State or a political subdivision of a State for highway purposes under title 23 may not be conveyed or transferred under this subsection.

(4) Limitation on issuance of rights of way.—Rights of way over, under, and through public lands and lands in the National Forest System may not be granted under this subsection.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1133.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
1304(a)	40:345b.	Aug. 26, 1935, ch. 684, §1, 49 Stat. 800; Pub. L. 86–608, July 7, 1960, 74 Stat. 363.
1304(b)(1)– (3)	40:345c.	Aug. 26, 1935, ch. 684, §2, as added Pub. L. 86–608, July 7, 1960, 74 Stat. 363.
1304(b)(4)	40:345c note.	Pub. L. 94–579, title VII, §706(a) (related to the Act of July 7, 1960 (Pub. L. 86–608, 74 Stat. 363)), Oct. 21, 1976, 90 Stat. 2793.

In subsection (a), the words "Administrator of General Services" and "Administrator" are substituted for "Treasury Department" and "Secretary of the Treasury" in the Act of August 26, 1935 because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427) and section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In paragraph (1), the words "a State or a political subdivision of a State" are substituted for "States, counties, municipalities, or other duly constituted political subdivisions of States" for consistency with subsection (b).