[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR710.601]

[Page 346-347]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 710--RIGHT-OF-WAY AND REAL ESTATE--Table of Contents
 
                 Subpart F--Federal Assistance Programs
 
Sec. 710.601  Federal land transfer.


    (a) The provisions of this subpart apply to any project undertaken 
with funds for the National Highway System. When the FHWA determines 
that a strong Federal transportation interest exists, these provisions 
may also be applied to highway projects that are eligible for Federal-
aid under Chapters 1 and 2 of title 23, of the United States Code, and 
to highway-related transfers that are requested by a State in 
conjunction with a military base closure under the Defense Base Closure 
and Realignment Act of 1990 (Public Law 101-510, 104 Stat. 1808, as 
amended).
    (b) Sections 107(d) and 317 of title 23, of the United States Code 
provide for the transfer of lands or interests in lands owned by the 
United States to an STD or its nominee for highway purposes.
    (c) The STD may file an application with the FHWA, or can make 
application directly to the land-owning agency if the land-owning agency 
has its own authority for granting interests in land.
    (d) Applications under this section shall include the following 
information:
    (1) The purpose for which the lands are to be used;
    (2) The estate or interest in the land required for the project;
    (3) The Federal-aid project number or other appropriate references;
    (4) The name of the Federal agency exercising jurisdiction over the 
land and identity of the installation or activity in possession of the 
land;
    (5) A map showing the survey of the lands to be acquired;
    (6) A legal description of the lands desired; and
    (7) A statement of compliance with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332, et seq.) and any other applicable Federal 
environmental laws, including the National Historic Preservation Act (16 
U.S.C. 470(f)), and 23 U.S.C. 138.
    (e) If the FHWA concurs in the need for the transfer, the land-
owning agency will be notified and a right-of-entry requested. The land-
owning agency shall have a period of four months in which to designate 
conditions necessary for the adequate protection and utilization of the 
reserve or to certify that the proposed appropriation is contrary to the 
public interest or inconsistent with the purposes for which such land or 
materials have been reserved. The FHWA may extend the four-month reply 
period at the timely

[[Page 347]]

request of the land-owning agency for good cause.
    (f) Deeds for conveyance of lands or interests in lands owned by the 
United States shall be prepared by the STD and certified by an attorney 
licensed within the State as being legally sufficient. Such deeds shall 
contain the clauses required by the FHWA and 49 CFR 21.7(a)(2). After 
the STD prepares the deed, it will submit the proposed deed with the 
certification to the FHWA for review and execution.
    (g) Following execution, the STD shall record the deed in the 
appropriate land record office and so advise the FHWA and the concerned 
agency.
    (h) When the need for the interest acquired under this subpart no 
longer exists, the STD must restore the land to the condition which 
existed prior to the transfer and must give notice to the FHWA and to 
the concerned Federal agency that such interest will immediately revert 
to the control of the Federal agency from which it was appropriated or 
to its assigns. Alternative arrangements may be made for the sale or 
reversion or restoration of the lands no longer required as part of a 
memorandum of understanding or separate agreement.