§ 644.421 32 CFR Ch. V (7–1–11 Edition)

that can be conveyed under authorities a public highway, street, or alley. The discussed in §§ 644.421 through 644.424 conveyance may be made with or with- are not considered surplus or excess out consideration, and subject to terms within the meaning of these terms as and conditions deemed necessary to defined in the Federal Property Act. protect the interests of the United States. Excepted from this authority is § 644.421 Highway purposes. the conveyance of any interest in real Title 23 U.S.C. 317 provides that upon property that can be transferred under application of the Secretary of Trans- title 23 of the United States Code (see portation, land or materials may be § 644.421), and to public lands in the Na- transferred to a state for the construc- tional Forest System. tion or maintenance of a right-of-way for any highway adjacent to a Govern- § 644.423 Airport development. ment installation. If, within a period of (a) Authority. 49 U.S.C. 1723 provides four months after such application by that the Secretary of Transportation, the Secretary of the Department shall not (a) . . . whenever the Secretary of Trans- have certified to the Secretary of portation determines that use of any lands Transportation that the proposed ap- owned or controlled by the United States is propriation of such land or material is reasonably necessary for carrying out a project for airport development under this contrary to the public interest or in- subchapter, or for the operation of any pub- consistent with the purpose for which lic airport, including lands reasonably nec- such land or materials have been re- essary to meet future development of an air- served, they may be appropriated and port in accordance with the national airport transferred to the state for such pur- system plan, he shall file with the head of poses. When the need for such land or the department or agency having control of material ceases to exist, they shall re- the lands a request that the necessary prop- vert to the control of the department. erty interests therein be conveyed to the This section applies only to projects public agency sponsoring the project in ques- tion or owning or controlling the airport. constructed on a Federal-aid system, The property interest may consist of the or under the provisions of chapter 2 of title to, or any other interest in, land or any title 23 U.S.C. Usually applications for easement through or other interest in air- highway rights-of-way or the use of space. (b) Upon receipt of a request from the borrow material made under this Act Secretary under this section, the head of the by the Federal Highway Administra- department or agency having control of the tion, Department of Transportation, on lands in question shall determine whether behalf of a particular state can be and the requested conveyance is inconsistent are more simply satisfied by the with the needs of the department or agency, and shall notify the Secretary of his deter- issuance of a road easement or a li- mination within a period of four months cense to take borrow material. This after receipt of the Secretary’s request. If latter procedure is also desirable in the department or agency head determines that controls necessary to satisfy mili- that the requested conveyance is not incon- tary requirements may be retained. sistent with the needs of that department or Title 23 U.S.C. 107(d) directs Federal agency, the department, or agency head is agencies to cooperate with the Sec- hereby authorized and directed, with the ap- retary of Transportation in providing proval of the President and the Attorney General of the United States, and without rights-of-way, including control of ac- any expense to the United States, to perform cess, for the interstate highway system any acts and to execute any instruments over lands and interests in lands owned necessary to make the conveyance re- by the United States. quested. A conveyance may be made only on the condition that, at the option of the Sec- § 644.422 Authorized widening of a retary, the property interest conveyed shall public highway, street, or alley. revert to the United States in the event that 40 U.S.C. 345c authorizes the convey- the lands in question are not developed for ance, upon application, of such interest airport purposes or used in a manner con- sistent with the terms of the conveyance. If in real property as is determined will only a part of the property interest conveyed not be adverse to the interests of the is not developed for airport purposes, or used United States, to the states or political in a manner consistent with the terms of the subdivisions for authorized widening of conveyance, only that particular part shall

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