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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 40 U.S.C. § 8735 Sale of land by Secretary of the Interior us united_states_code code_section 40 PUBLIC BUILDINGS, PROPERTY, AND WORKS 87 PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION 8735 40 U.S.C. § 8735 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip /us/usc/t40/s8735 data/legal/raw/us/code/title-40/usc40.xml b8df639087835120661368de1279a39367ba7e7c60e0401a6f5d3d0c93cbe3b1 9e671d5f37f9148634c9ba568a4c16d4864b567130b66bcf607f680414560a29 2c97d842ba7b901635843afce9b6dee38f82fe30909ec337f504433bf4117bcf 2026-07-04 official
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40 U.S.C. § 8735 - Sale of land by Secretary of the Interior

Text

(a) Authority To Sell.— With the approval of the National Capital Planning Commission, the Secretary of the Interior, for the best interests of the Federal Government, may sell, by deed or instrument, real estate held by the Government in the District of Columbia and under the jurisdiction of the National Park Service which may be no longer needed for public purposes. The land may be sold for cash or on a deferred-payment plan the Secretary approves, at a price not less than the Government paid for it and not less than its present appraised value as determined by the Secretary.

(b) Sale to Highest Bidder.— In selling any parcel of land under this section, the Secretary shall have public or private solicitation for bids or offers be made as the Secretary considers appropriate. The Secretary shall sell the parcel to the party agreeing to pay the highest price if the price is otherwise satisfactory. If the price offered or bid by the owner of land abutting the land to be sold equals the highest price offered or bid by any other party, the parcel may be sold to the owner of the abutting land.

(c) Paying Expenses and Depositing Proceeds.— The Secretary—

(1) may pay the reasonable and necessary expenses of the sale of each parcel of land sold; and

(2) shall deposit the net proceeds of each sale in the Treasury to the credit of the Government and the District of Columbia in the proportion that each—

(A) paid the appropriations used to acquire the parcels; or

(B) was obligated to pay the appropriations, at the time of acquisition, by reimbursement.

(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1226.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 8735(a)40:74a.Aug. 5, 1939, ch. 449, §§ 46, 53 Stat. 1211. 8735(b)40:74b. 8735(c)40:74c. In subsection (a), the words “in his discretion”, “and convey, in whole or in part”, and “proper” are omitted as unnecessary. In subsection (b), reference to sections 72c to 72e is omitted as unnecessary because the Secretary of the Interior does not have authority to sell land under those sections.