§ 1204.503 Delegation of authority to grant easements. ( a ) *Scope.* 40 U.S.C. 1314 authorizes executive agencies to grant, under certain conditions, the easements as the head of the agency determines will not be adverse to the interests of the United States and subject to the provisions as the head of the agency deems necessary to protect the interests of the United States.
( b ) *Delegation of authority.* The Assistant Administrator for the Office of Strategic Infrastructure and the Director, Facilities and Real Estate Division, are delegated authority to take actions in connection with the granting of easements.
( c ) *Redelegation.* ( 1 ) The Real Estate Branch Chief may, subject to the restrictions in paragraph (d) of this section, exercise the authority of the National Aeronautics and Space Act of 1958, as amended, and 40 U.S.C. 1314 to authorize or grant easements in, over, or upon real property of the United States owned and/or controlled by NASA upon compliance with statute including a determination that such authorization or grant will not be adverse to the interests of the United States.
( 2 ) The Real Estate Branch Chief may redelegate this authority to the appropriate warranted Real Estate Contracting Officer, in accordance with the requirements set forth in NASA Procedural Requirements (NPR) 8800.15, Real Estate Management Program.
( d ) *Restrictions.* Except as otherwise specifically provided, no such easement shall be authorized or granted under the authority stated in paragraph (c) of this section unless: ( 1 ) The responsible Center Director has provided approval that such grant is appropriate.
( 2 ) The Center Director provides certification to the appropriate Real Estate Contracting Officer: ( i ) That the interest in real property to be conveyed is not required for a NASA program.
( ii ) That the grantee's exercise of rights under the easement will not be adverse to the interests of the United States or interfere with NASA operations.
( 3 ) Monetary or other benefit, including any interest in real property, is received by the government as consideration for the granting of the easement.
( 4 ) The instrument granting the easement is on a form or template approved or directed to be used by the Real Estate Branch Chief, and provides at a minimum: ( i ) For the termination of the easement, 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 easement;
( B ) A nonuse of the easement for a consecutive two-year period for the purpose for which granted; or
( C ) An abandonment of the easement.
( ii ) That written notice of the termination shall be given to the grantee, or its successors or assigns, by the Assistant Administrator for the Office of Strategic Infrastructure or the Director, Facilities and Real Estate Division, and that termination shall be effective as of the date of the notice.
( iii ) That restoration provisions are provided for in the agreement that protect the interests of the United States and ensure the grantee is responsible for removal of any and all improvements in or on NASA real property.
( iv ) Such other reservations, exceptions, limitations, benefits, burdens, terms, or conditions as are set forth in the forms and templates for easements approved for NASA use by the Real Estate Branch Chief.
( e ) *Waivers.* If, in connection with a proposed granting of an easement, the Real Estate Contracting Officer or Center Director determines that a waiver from any of the restrictions in paragraph (d) of this section is appropriate, authority for the waiver may be requested from the Assistant Administrator for the Office of Strategic Infrastructure or the Director, Facilities Real Estate Division.
( f ) *Services of the Corps of Engineers.* In exercising the authority herein granted, the Real Estate Contracting Officer, under the applicable provisions of any cooperative agreement between NASA and the Corps of Engineers (in effect at that 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, grants of easements in real property, as authorized in this section, provided that the conditions set forth in paragraphs (d) and (e) of this section are complied with.
( g ) *Distribution of documents.* One copy of each document granting an easement interest under this authority, including instruments executed by the Corps of Engineers, will be filed in the Central Depository for Real Property Documents at National Aeronautics and Space Administration, Office of Strategic Infrastructure, Facilities and Real Estate Division, Washington, DC 20546.
[89 FR 26758, Apr. 16, 2024]