Laws: Cases and Codes : U.S. Code : Title 12 : Section 1441a-3


   
U.S. Code as of: 01/19/04
Section 1441a-3. RTC and FDIC properties

    (a) Reports
      (1) Submission
        The Resolution Trust Corporation and the Federal Deposit
      Insurance Corporation shall each submit to the Congress for each
      year a report identifying and describing any property that is
      covered property of the corporation concerned as of September 30
      of such year. The report shall be submitted on or before March 30
      of the following year.
      (2) Consultation
        In preparing the reports required under this subsection, each
      corporation concerned may consult with the Secretary of the
      Interior for purposes of identifying the properties described in
      paragraph (1).
    (b) Limitation on transfer
      (1) Notice
        The Resolution Trust Corporation and the Federal Deposit
      Insurance Corporation may not sell or otherwise transfer any
      covered property unless the corporation concerned causes to be
      published in the Federal Register a notice of the availability of
      the property for purchase or other transfer that identifies the
      property and describes the location, characteristics, and size of
      the property.
      (2) Expression of serious interest
        During the 90-day period beginning on the date that notice
      under paragraph (1) concerning a covered property is first
      published, any governmental agency or qualified organization may
      submit to the corporation concerned a written notice of serious
      interest for the purchase or other transfer of a particular
      covered property for which notice has been published. The notice
      of serious interest shall be in such form and include such
      information as the corporation concerned may prescribe.
      (3) Prohibition of transfer
        During the period under paragraph (2), a corporation concerned
      may not sell or otherwise transfer any covered property for which
      notice has been published under paragraph (1). Upon the
      expiration of such period, the corporation concerned may sell or
      otherwise transfer any covered property for which notice under
      paragraph (1) has been published if a notice of serious interest
      under paragraph (2) concerning the property has not been timely
      submitted.
      (4) Offers and permitted transfer
        If a notice of serious interest in a covered property is timely
      submitted pursuant to paragraph (2), the corporation concerned
      may not sell or otherwise transfer such covered property during
      the 90-day period beginning upon the expiration of the period
      under paragraph (2) except to a governmental agency or qualified
      organization for use primarily for wildlife refuge, sanctuary,
      open space, recreational, historical, cultural, or natural
      resource conservation purposes, unless all notices of serious
      interest under paragraph (2) have been withdrawn.
    (c) Definitions
      For purposes of this section:
      (1) Corporation concerned
        The term "corporation concerned" means - 
          (A) the Federal Deposit Insurance Corporation, with respect
        to matters relating to the Federal Deposit Insurance
        Corporation; and
          (B) the Resolution Trust Corporation, with respect to matters
        relating to the Resolution Trust Corporation.
      (2) Covered property
        The term "covered property" means any property - 
          (A) to which - 
            (i) the Resolution Trust Corporation has acquired title in
          its corporate or receivership capacity; or
            (ii) the Federal Deposit Insurance Corporation has acquired
          title in its corporate capacity or which was acquired by the
          former Federal Savings and Loan Insurance Corporation in its
          corporate capacity; and

          (B) that - 
            (i) is located within the John H. Chafee Coastal Barrier
          Resources System; or
            (ii) is undeveloped, greater than 50 acres in size, and
          adjacent to or contiguous with any lands managed by a
          governmental agency primarily for wildlife refuge, sanctuary,
          open space, recreational, historical, cultural, or natural
          resource conservation purposes.
      (3) Governmental agency
        The term "governmental agency" means any agency or entity of
      the Federal Government or a State or local government.
      (4) Undeveloped
        The term "undeveloped" means - 
          (A) containing few manmade structures and having geomorphic
        and ecological processes that are not significantly impeded by
        any such structures or human activity; and
          (B) having natural, cultural, recreational, or scientific
        value of special significance.



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