C.F.R. » Title 50 » CHAPTER IV—JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR AND NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE); ENDANGERED SPECIES COMMITTEE REGULATIONS › SUBCHAPTER A › PART 401—ANADROMOUS FISHERIES CONSERVATION, DEVELOPMENT AND ENHANCEMENT

50 C.F.R. § 401.12

Ownership of property

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When real property is acquired pursuant to the provisions of the Act, title to such property, or interests therein, shall be vested in the United States, and the conveying instrument shall recite the United States of America as the grantee. However, if the Secretary determines that under the terms of the application for Federal assistance and grant-in-aid award or project agreement, the intent and purpose of the Act may be better served by other ownership of such property, an appropriate transfer may be made. When real or personal property is utilized as matching funds, title to such property shall be in the Cooperator unless otherwise specified in the grant-in-aid award or project agreement.

Notes of Decisions
Cited in 2 cases, 2014–2014 · leading case: All. for the Wild Rockies v. Austin, 55 F. Supp. 3d 1294 (D. Mont. 2014).
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All. for the Wild Rockies v. Austin, 55 F. Supp. 3d 1294 (D. Mont. 2014). “§ 1536 (b)(4); 50 C.F.R. 401.12®. If an agency complies with the terms and conditions of an incidental take statement, it is exempt from ESA section 9 liability.”
All. for Wild Rockies v. Bradford, 35 F. Supp. 3d 1246 (D. Mont. 2014). “§ 1536 (b)(4); 50 C.F.R. 401.12(i). If an agency complies with the terms and conditions of an incidental take statement, it is exempt from ESA section 9 liability.”
— 50 C.F.R. § 401.12(i) — 1 case
All. for Wild Rockies v. Bradford, 35 F. Supp. 3d 1246 (D. Mont. 2014). “§ 1536 (b)(4); 50 C.F.R. 401.12(i). If an agency complies with the terms and conditions of an incidental take statement, it is exempt from ESA section 9 liability.”
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