[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR643.3]

[Page 88]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 643--REAL ESTATE--Table of Contents
 
                           Subpart A--General
 
Sec. 643.3  Authority to grant use of real estate.

    (a) The United States Constitution (Article IV, Section 3), provides 
that the Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property 
belonging to the United States.
    (b) One of the principal authorities for the use of military real 
estate for commercial purposes is title 10 U.S.C., section 2667, which 
authorizes the Secretary of the Army (SA), whenever it is considered to 
be advantageous to the United States, to lease such real or personal 
property under Army control, which is not for the time needed for public 
use, upon such terms and conditions as the SA considers will promote the 
national defense or be in the public interest.
    (c) Grants under statutory authorities cited in this regulation of 
real property pertaining to river and harbor, water resource development 
and flood control projects, will be under the policies and general 
guidelines set forth in this regulation.
    (d) The SA may, under the general administrative powers vested in 
the office, authorize the use of real estate in the absence of statutory 
authority, in unusual circumstances, provided the property is not for 
the time being required for public use, the grant conveys no interest in 
the real estate and the proposed use will be of a direct benefit to the 
United States. Under this authority, the right to use real estate may 
also be granted to other military departments or Federal agencies.
    (e) Except as otherwise provided in this regulation, an interest in 
real estate will not be granted unless authorized by law.
    (f) Other laws authorizing grants for non-Army use of real estate 
for various purposes and Table of Related Army Regulations are set forth 
in appendixes A and B, respectively.