[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR211.6]

[Page 176-177]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 211--REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION WITH CIVIL WORKS PROJECTS--Table of Contents
 
Sec. 211.6  Rights which may be granted by the Secretary of the Army in river and harbor and flood control property.

    (a) Leases. (1) The Secretary of the Army is authorized, whenever he 
shall deem it to be advantageous to the Government, to lease such real 
property under the control of his Department as is not surplus to the 
needs of the Department within the meaning of the act of October 3, 1944 
(58 Stat. 765), and is not for the time required for public use, to such 
lessee or lessees and upon such terms and conditions as in his judgment 
will promote the national defense or will be in the public interest. 
Each such lease shall be for a period not exceeding five years unless 
the Secretary of the Army shall determine that a longer period will 
promote the national defense or will be in the public interest. The 
Secretary of the Army may include, among other terms and conditions in 
the lease, a right of first refusal in the lessee to purchase the 
property in the event of the revocation of the lease in order to permit 
sale thereof by the Government, but this shall not be construed as 
authorizing the sale of any property unless the sale thereof is 
otherwise authorized by law. Each such lease shall contain a provision 
permitting the Secretary of the Army to revoke the lease at any time, 
unless he shall determine that the omission of such provision from the 
lease will promote the national defense or will be in the public 
interest. In any event each such lease shall be revocable by the 
Secretary of the Army during a national emergency declared by the 
President. Notwithstanding section 321 of the act of June 30, 1932 (47 
Stat. 412; 40 U.S.C. 303b), or any other provision of law, any such 
lease may provide for the maintenance, protection, repair, or 
restoration by the lessee, of the property leased or of the entire unit 
or installation where a substantial part thereof is leased, as a part or 
all of the consideration for the lease of such property. In the event 
utilities or services shall be furnished by the Department of the Army 
to the lessee in connection with any lease, payments for utilities or 
services so furnished may be covered into the Treasury to the credit of 
the appropriation or appropriations from which the costs of furnishing 
any such utilities or services to the lessee was paid. Except as 
otherwise provided in this paragraph, any money rentals received by the 
Government directly under any such lease shall be deposited and covered 
into the Treasury as miscellaneous receipts. The authority granted in 
this section shall not apply to oil, mineral, or phosphate lands (10 
U.S.C. 2667).
    (2) The Chief of Engineers, under the supervision of the Secretary 
of the Army, is authorized to construct, maintain, and operate public 
park and recreational facilities in reservoir areas under the control of 
the Department of the Army and to permit the construction, maintenance, 
and operation of such facilities. The Secretary of the Army is 
authorized to grant leases of lands, including structures or facilities 
thereon, in reservoir areas for such periods and upon such terms as he 
may deem reasonable: Provided, That leases to non-profit organizations 
may be granted at reduced or nominal rentals in recognition of the 
public service to be rendered in utilizing the leased premises: Provided 
further, That preference shall be given to Federal, State, or local 
governmental agencies, and licenses may be granted without monetary 
considerations to such agencies for the use of all or any portion of a 
reservoir area, when the Secretary of the Army determines such actions 
to be in the public interest, and for such periods of time and upon such 
conditions as he may find advisable. The water areas of all such 
reservoirs shall be open to the public use generally, without charge, 
for boating, swimming, bathing, fishing, and other recreational 
purposes, and ready access to and exit from such water areas along the 
shores of such reservoirs shall be maintained for general public use, 
when such use is determined by the Secretary of the Army not to be 
contrary to the public interest, all under such rules and regulations as 
the Secretary of the Army may deem necessary. No use of any area to 
which this section applies shall be permitted which is inconsistent with 
the laws for the protection of fish and game of the State in which such 
area is situated. All moneys received

[[Page 177]]

for leases or privileges shall be deposited in the Treasury of the 
United States as miscellaneous receipts. (Sec. 4, act of December 22, 
1944, 58 Stat. 887, 889, as amended by sec. 4, act of July 24, 1946, 60 
Stat. 641, as amended by Sec. 209, act of Sept. 3, 1954, 68 Stat. 1266.)
    (b) Easements. (1) The Secretary of the Army is authorized to grant 
easements for rights-of-way across real estate acquired for civil 
purposes as follows:
    (i) Poles and wires. The Secretary of the Army may grant easements 
for rights-of-way, for periods not exceeding 50 years, for poles and 
lines for the transmission and distribution of electrical power, and for 
poles and lines for telephone and telegraph purposes, over lands under 
his jurisdiction, upon a finding that the same is not incompatible with 
the public interest (see act of March 4, 1911; 36 Stat. 1253, as amended 
by the act of May 27, 1952, 66 Stat. 95; 43 U.S.C. 961). Form of 
easement is ENG Form 1360.
    (ii) Pipelines. The Secretary of the Army may grant easements for 
rights-of-ways for gas, water, and sewer pipelines across lands under 
his control provided that such grants will be in the public interest and 
will not substantially injure the interest of the United States in the 
property affected thereby (10 U.S.C. 2669). Form of easement is ENG Form 
1361.
    (iii) Other easements. The Secretary of the Army is authorized and 
empowered, under such terms and conditions as are deemed advisable by 
him, to grant easements for rights-of-way over, across, in and upon 
acquired lands under his jurisdiction and control, and public lands 
permanently withdrawn or reserved for the use of the Department of the 
Army, to any State, political subdivision thereof, or municipality, or 
to any individual, partnership, or corporation of any State, Territory, 
or possession of the United States, for:
    (A) Railroad tracks;
    (B) Oil pipelines;
    (C) Substations for electric power transmission lines, telephone 
lines, and telegraph lines, and pumping stations for gas, water, sewer, 
and oil pipelines;
    (D) Canals;
    (E) Ditches;
    (F) Flumes;
    (G) Tunnels;
    (H) Dams and reservoirs in connection with fish and wildlife 
programs, fish hatcheries, and other fish-cultural improvements;
    (I) Roads and streets;
    (2) Provided, That:
    (i) Such rights-of-way shall be granted only upon a finding by the 
Secretary of the Army that the same will not be incompatible with the 
public interest.
    (ii) Such rights-of-way shall not include any more land than is 
reasonably necessary for the purpose for which granted.
    (iii) All or any part of such rights-of-way may be annulled and 
forfeited by the Secretary of the Army for failure to comply with the 
terms and conditions of the grant or for the nonuse for a period of two 
consecutive years or abandonment of rights granted (10 U.S.C. 2668).