\[Code of Federal Regulations\]

\[Title 14, Volume 5, Parts 1200 to end\]

\[Revised as of January 1, 2000\]

From the U.S. Government Printing Office via GPO Access

\[**CITE**: **14CFR1204**.**504**\]

\[Page 37-38\]

TITLE 14\--AERONAUTICS AND SPACE

CHAPTER V\--NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

PART 1204\--ADMINISTRATIVE AUTHORITY AND POLICY\--Table of Contents

Subpart 5\--Delegations and Designations

Sec. 1204.**504** Delegation of authority to grant leaseholds, permits,
and licenses in real property.

\(a\) Delegation of authority. The National Aeronautics and Space Act

of 1958, as amended, authorizes NASA to grant leaseholds, permits, and

licenses in real property. This authority is delegated to the Associate

Administrator for Management Systems and Facilities and the Director,

Facilities Engineering Division.

\(b\) Definition. Real Property means land, buildings, other

structures and improvements, appurtenances, and fixtures located

thereon.

\(c\) Determination. It is hereby determined that grants of

leaseholds, permits, or licenses made in accordance with the provisions

of this section will not be adverse to the interests of the United

States.

\(d\) Redelegation. (1) The Directors of Field Installations with

respect to real property under their supervision and management may,

subject to the restrictions in paragraph (e) of this section, grant a

leasehold, permit, or license to any person or organization, including

other Government agencies, a State, or political subdivision or agency

thereof. This authority may not be exercised with respect to real

property which is (i) excess within the meaning of 40 U.S.C. 472(e), or

\(ii\) proposed for use by a NASA exchange and subject to the provisions

of NASA Management Instruction 9050.6, NASA Exchange Activities.

\(2\) The Directors of Field Installations may redelegate this

authority to only two senior management officials of the Field

Installation concerned.

\(e\) Restrictions. Except as otherwise specifically provided, no

leasehold, permit, or license shall be granted under the authority

stated in paragraph (d) of this section unless:

\(1\) The Director of the Field Installation concerned determines:

\(i\) That the interest to be granted is not required for a NASA

program.

\(ii\) That the grantee\'s exercise of rights granted will not

interfere with NASA operations.

\(2\) Fair value in money is received by NASA on behalf of the

Government as consideration.

\(3\) The instrument provides:

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\(i\) For a term not to exceed 5 years.

\(ii\) For the termination thereof, in whole or in part, and without

cost to the Government if there has been:

\(A\) A failure to comply with any term or condition of the grant; or

\(B\) A determination by the Associate Administrator for Management

Systems and Facilities, the Director, Facilities Engineering Division,

or the Director of the Field Installation concerned that the interests

of the national space program, the national defense, or the public

welfare require the termination of the interest granted; and a 30-day

notice, in writing, to the grantee that such determination has been

made.

\(iii\) That written notice of termination shall be given to the

grantee, or its successors or assigns, by the Associate Administrator

for Management Systems and Facilities, the Director, Facilities

Engineering Division, or the Director of the Field Installation

concerned, and that termination shall be effective as of the date

specified by such notice.

\(iv\) For any other reservations, exceptions, limitations, benefits,

burdens, terms, or conditions necessary to protect the interests of the

United States.

\(f\) Waivers. If, in connection with a proposed grant, the Director

of a Field Installation determines that a waiver from any of the

restrictions set forth in paragraph (e) of this section is appropriate,

a request may be submitted to the Associate Administrator for Management

Systems and Facilities or the Director, Facilities Engineering Division.

\(g\) Services of the Corps of Engineers. In exercising the authority

herein granted, the Directors of Field Installations, pursuant to the

applicable provisions of any cooperative agreement between NASA and the

Corps of Engineers (in effect at the time), may:

\(1\) Utilize the services of the Corps of Engineers, U.S. Army.

\(2\) Delegate authority to the Corps of Engineers to execute, on

behalf of NASA, any grants of interests in real property as authorized

in this section provided that the conditions set forth in paragraphs (e)

and (f) of this section are complied with.

\(h\) Distribution of Documents. One copy of each document granting an

interest in real property, including instruments executed by the Corps

of Engineers, will be forwarded for filing in the Central Depository for

Real Property Documents to: National Aeronautics and Space

Administrator, Facilities Operations and Maintenance Branch (Code JXG),

Facilities Engineering Division, Washington, DC 20546.

\[51 FR 27528, Aug. 1, 1986, as amended at 56 FR 57592, Nov. 13, 1991\]