[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: 33CFR211.8]



[Page 186-187]

 

                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.  211.8  Limitations on rights which may be granted.



    (a) Advertising. It is the policy to grant leases to the highest 

responsible bidders after advertising, where competition is practicable. 

Advertising consists of the circularization of notices among former 

owners of the land, owners of adjacent lands, and others known to be 

interested and by the posting of notices in public places, and



[[Page 187]]



publication of notices in newspapers where such publication is deemed 

advisable. Exceptions have been made to this policy in favor of former 

owners in granting leases for agricultural and grazing purposes in 

reservoir areas.

    (b) Consideration. Title 10 U.S.C. 2667 provides that 

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. The consideration will be 

adequate but may consist of money and/or maintenance, protection, 

repair, or restoration by the lessee, of the property leased.

    (c) Consideration in easements and licenses. In order to fully 

protect the interests of the United States, the Secretary of the Army 

will not, without substantial compensation grant to non-government 

agencies, for the purpose of private profit, valuable rights in 

Government property. A fair charge will be made for such privileges, the 

amount to be determined by all the circumstances surrounding the case, 

including an estimate as to what private interest in the vicinity would 

charge for a similar privilege.