33 USC 598b - Minimum real estate interest

U.S Code last checked for updates: Feb 22, 2025

§ 598b.

Minimum real estate interest

(a)

Real estate plan

(b)

Identification of minimum interest

(1)

In general

(2)

Determination

In carrying out paragraph (1), the Secretary shall identify an interest that is less than fee simple title in cases where the Secretary determines that—

(A)

such an interest is sufficient for construction, operation and maintenance, repair, rehabilitation, and replacement of the applicable project; and

(B)

the non-Federal interest cannot legally make available to the Secretary an interest in fee simple title for purposes of the project.

(c)

Requirement

(d)

Annual report

The Secretary shall annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing—

(1)

a summary of all instances in which the Secretary identified under subsection (b) fee simple title as the minimum interest necessary with respect to an activity for which the non-Federal interest requested the use of an interest less than fee simple title; and

(2)

with respect to each such instance, a description of the legal requirements that resulted in identifying fee simple title as the minimum interest.

(e)

Existing agreements

(Pub. L. 118–272, div. A, title I, § 1104, Jan. 4, 2025, 138 Stat. 3000.)

cite as: 33 USC 598b