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42 U.S.C. § 1592e — Interagency transfers of property; appli-

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1592e — Interagency transfers of property; appli-

Page 4852 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1592e 30, 1954, without having been used for the pur- poses of this Act, the Secretary of Housing and Urban Development shall, if the original owner desires the property and pays the fair value thereof, return such property to the owner. In the event the Secretary of Housing and Urban Development and the original owner do not agree as to the fair value of the property, the fair value shall be determined by three apprais- ers, one of whom shall be chosen by the Sec- retary of Housing and Urban Development, one by the original owner, and the third by the first two appraisers; the expenses of such determina- tion shall be paid in equal shares by the Govern- ment and the original owner. (Sept. 1, 1951, ch. 378, title III, § 305, 65 Stat. 305; June 30, 1953, ch. 170, § 17, 67 Stat. 125; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669; Pub. L. 97–214, § 10(b)(1), July 12, 1982, 96 Stat. 175.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (c), means act Sept. 1, 1951, ch. 378, 65 Stat. 293, known as the Defense Housing and Community Facilities and Services Act of 1951. For complete classification of this Act to the Code, see Short Title of 1951 Amendment note set out under section 1501 of this title and Tables. Section 322 of the Act of June 30, 1932, referred to in subsec. (a), is section 322 of act June 30, 1932, ch. 314, 47 Stat. 412, which was classified to section 278a of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 100–678, § 7, Nov. 17, 1988, 102 Stat. 4052. Subchapter X, referred to in subsecs. (a), (b), and (c), was in the original, title IV, meaning title IV of act Sept. 1, 1951, ch. 378, 65 Stat. 310, which enacte

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Source file: Laws/federal/codes/united-states-code-2024/title-42/section-1592e-interagency-transfers-of-property-appli--7ab3de885b.md
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Page 4852 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1592e 30, 1954, without having been used for the pur- poses of this Act, the Secretary of Housing and Urban Development shall, if the original owner desires the property and pays the fair value thereof, return such property to the owner. In the event the Secretary of Housing and Urban Development and the original owner do not agree as to the fair value of the property, the fair value shall be determined by three apprais- ers, one of whom shall be chosen by the Sec- retary of Housing and Urban Development, one by the original owner, and the third by the first two appraisers; the expenses of such determina- tion shall be paid in equal shares by the Govern- ment and the original owner. (Sept. 1, 1951, ch. 378, title III, § 305, 65 Stat. 305; June 30, 1953, ch. 170, § 17, 67 Stat. 125; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669; Pub. L. 97–214, § 10(b)(1), July 12, 1982, 96 Stat. 175.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (c), means act Sept. 1, 1951, ch. 378, 65 Stat. 293, known as the Defense Housing and Community Facilities and Services Act of 1951. For complete classification of this Act to the Code, see Short Title of 1951 Amendment note set out under section 1501 of this title and Tables. Section 322 of the Act of June 30, 1932, referred to in subsec. (a), is section 322 of act June 30, 1932, ch. 314, 47 Stat. 412, which was classified to section 278a of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 100–678, § 7, Nov. 17, 1988, 102 Stat. 4052. Subchapter X, referred to in subsecs. (a), (b), and (c), was in the original, title IV, meaning title IV of act Sept. 1, 1951, ch. 378, 65 Stat. 310, which enacted sec- tions 1593 to 1593d of this title and was repealed by act June 30, 1953, ch. 170, § 19, 67 Stat. 126. CODIFICATION In subsec. (a), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes, as amended’’ and ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Prop- erty and Administrative Services Act of 1949, as amend- ed’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Build- ings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b), ‘‘section 3114(a) to (d) of title 40’’ sub- stituted for ‘‘the first section of the Act of February 26, 1931 (46 Stat. 1421)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 1982—Subsec. (a). Pub. L. 97–214 struck out reference to section 1136 of the Revised Statutes, which had been enacted as sections 4774 and 9774 of title 10 by act Aug. 10, 1956, ch. 1041, as amended by Pub. L. 93–166, § 509(c), (e), Nov. 29, 1973, 87 Stat. 677, 678. 1953—Subsec. (c). Act June 30, 1953, substituted ‘‘June 30, 1954’’ for ‘‘June 30, 1953’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family hous- ing before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of Title 10, Armed Forces. TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. § 1592e. Interagency transfers of property; appli- cation of rules and regulations Any Federal agency may, upon request of the Secretary of Housing and Urban Development, transfer to his jurisdiction without reimburse- ment any lands, improved or unimproved, or other property real or personal, considered by the Secretary of Housing and Urban Develop- ment to be needed or useful for housing or com- munity facilities, or both, to be provided under this subchapter, and the Secretary of Housing and Urban Development is authorized to accept any such transfers. The Secretary of Housing and Urban Development may also utilize any other real or personal property under his juris- diction for the purpose of this subchapter with- out adjustment of the appropriations or funds involved. Any property so transferred or uti- lized, and any funds in connection therewith, shall be subject only to the authorizations and limitations of this subchapter. The Secretary of Housing and Urban Development may, in his dis- cretion, upon request of the Secretary of De- fense or his designee, transfer to the jurisdiction of the Department of Defense without reim- bursement any land, improvements, housing, or community facilities constructed or acquired under the provisions of this subchapter and con- sidered by the Department of Defense to be re- quired for the purposes of the said Department. Upon the transfer of any such property to the jurisdiction of the Department of Defense, the laws, rules, and regulations relating to property of the Department of Defense shall be applicable to the property so transferred, and the provi- sions of this subchapter and the rules and regu- lations issued thereunder shall no longer apply. (Sept. 1, 1951, ch. 378, title III, § 306, 65 Stat. 306; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. § 1592f. Preservation of local civil and criminal jurisdiction, and civil rights; jurisdiction of State courts Notwithstanding any other provisions of law, the acquisition by the United States of any real property pursuant to this subchapter or sub- chapter X of this chapter shall not deprive any State or political subdivision thereof of its civil or criminal jurisdiction in and over such prop- erty, or impair the civil or other rights under the State or local law of the inhabitants of such property. Any proceedings by the United States for the recovery of possession of any property or project acquired, developed, or constructed under this subchapter or subchapter X of this

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1592e — Interagency transfers of property; application of rules and regulations

Any Federal agency may, upon request of the Secretary of Housing and Urban Development, transfer to his jurisdiction without reimbursement any lands, improved or unimproved, or other property real or personal, considered by the Secretary of Housing and Urban Development to be needed or useful for housing or community facilities, or both, to be provided under this subchapter, and the Secretary of Housing and Urban Development is authorized to accept any such transfers. The Secretary of Housing and Urban Development may also utilize any other real or personal property under his jurisdiction for the purpose of this subchapter without adjustment of the appropriations or funds involved. Any property so transferred or utilized, and any funds in connection therewith, shall be subject only to the authorizations and limitations of this subchapter. The Secretary of Housing and Urban Development may, in his discretion, upon request of the Secretary of Defense or his designee, transfer to the jurisdiction of the Department of Defense without reimbursement any land, improvements, housing, or community facilities constructed or acquired under the provisions of this subchapter and considered by the Department of Defense to be required for the purposes of the said Department. Upon the transfer of any such property to the jurisdiction of the Department of Defense, the laws, rules, and regulations relating to property of the Department of Defense shall be applicable to the property so transferred, and the provisions of this subchapter and the rules and regulations issued thereunder shall no longer apply.

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