[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: 32CFR644.81]

[Page 161]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 644--REAL ESTATE HANDBOOK--Table of Contents
 
                         Subpart C--Acquisition
 
Sec. 644.81  General.

    Sections 644.81 through 644.88 describe the procedures of the Corps 
of Engineers relating to the acquisition of land and interests therein 
for both military and civil works projects by purchase, donation and 
transfer.
    (a) Applicability. These sections are applicable to all Division and 
District Engineers having real estate responsibilities.
    (b) Acquisition Authority--(1) Limitation. Acquisition of land for 
use by the United States requires express authorization (10 U.S.C. 2676, 
41 U.S.C. 14).
    (2) Military. Title 10 U.S.C. 2571 authorizes transfer of real 
property between Defense elements without compensation if the 
Secretaries approve. Title 10 U.S.C. 2662 provides that acquisition of 
fee title or transfer of real property owned by the United States to 
another Federal agency, military department or a state must be reported 
to the Committees on Armed Services of the Senate and House of 
Representatives if the estimated value is more than $50,000 and the 
transaction may not be consummated until after 30 days have expired from 
the date the report is submitted to the Committees. Title 10 U.S.C. 2663 
provides for acquisition by the Secretary of a military department 
during time of war or when war is imminent of any interest in land, 
including temporary use, required for a Defense installation, munitions 
plant or power plant for production of munitions, through negotiation 
and purchase, by condemnation or by gift. Title 10 U.S.C. 2672 provides 
that the Secretary of a military department may acquire any interest in 
land, including temporary use, by gift, purchase, exchange of United 
States owned land or otherwise, that he or his designee determines is 
needed in the interest of national defense and does not cost more than 
$50,000 exclusive of administrative costs or the amounts of deficiency 
judgments.
    (3) Civil Works. Acquisition of real property for civil works 
projects for which provision has been made by law is authorized in 33 
U.S.C. 591-595a and 701. As in the case of military projects, the 
Secretary of the Army is also authorized to accept donations of lands 
and materials required for civil works projects.
    (c) Rights-of-Entry. Rights-of-entry for construction may be 
obtained by the Division or District Engineer, after he has been 
authorized by the Chief of Engineers to acquire the land, pending 
completion of acquisition by purchase or the filing of condemnation 
proceedings with declaration of taking. In the event the landowner will 
not voluntarily grant a right-of-entry, an appraisal of the required 
interest should be made and negotiations conducted on the basis thereof. 
If the negotiations are not successful, a declaration of taking should 
be submitted to acquire the necessary rights. The same procedure will be 
used for acquiring rights-of-entry for other purposes, such as survey 
and exploration.