[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR211.6]



[Page 185-186]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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 186]]



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).