ADDendix E

Regulations for Real Promerty

Transfers and Public Benefit

I

Conveyances

Contents

41 CFR Part 101-47—Utilization and Disposal

(Federal Property Management Regulations)

of Real Property

45 CFR Part 12—Disposal and Utilization of Surplus Real Property for Public Health Purposes

(Department of Health and Human Services)

34 CFR Part 12-Disposal and Utilization of Surplus Federal Real Property for

Educational Purposes (Department of Education)

400 Departmental Manual—Utilization and Disposal of Real Property

(Department of the Interior)

43 CFR Part 2370-Restorations and Revocations (Bureau of Land Management)

36 CFR Part 800-Protection of Historic and Cultural Properties

(National Historic Preservation Act)

60 Federal Reg&ter (FR) 35706-Final Rule for Public Benefit Conveyances of Port Facilities

(General Services Administration)

46 Federal Re&”ster (FR) 4246&Final Rule for Public Benefit Conveyances of Port Facilities

(Department of Transportation)

Page

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E-49

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E-65

E-73

E-79

The Federal Property Management Regulations included in MS Appendix reflect the regulations in effect

on February 23, 1996, authority for which was specifically delegated to the Department of Defense by the

Defense Base Closure and Realignment Act of 1990 (see Appendix. B). Other regulations are current as of

July 1997.

December 1997 E-1
Regulations for Real Property Transfers and Public Benefit Conveyances

This page intentionally lefi blank

E-2 December 1997
41 CFR Part 101-47:

Federal Property Management

Regulations

Sec. 101-47 .203-4 Real properry excepted from reporting.

41 CFR Part 101-47-UTII.JZATI(XN AND JJISF’OSAI-. OF REAL SeC. 101 -,$j’.zos.s ScmninR of exmss A ~romrry.

PROPERTY

as of Feb. 23, 1996

Tkle 41 --Public Contracts and Property Management

Subtitle C--Federal Property Management Regulations System

CHAPTER 101 --FEDERAL PROPERTY MANAGEMENT

REGULATIONS

SUBCHAPTER H--UTILIZATION AND DISPOSAL

PART 1OI-47--UTILIZATION AND DISPOSAL OF REAL

PROPERTY

sec. 101-47.000 scope of part.

SubpaR 101-47 .l-GeneraI Provisions

Sec. 101-47.100 Scope of subpart.

Sec. 101-47.101 Applicability.

Sec. 101-47.102 [Reserved]

Sec. 101-47.103 Definitions.

Sec. 101-47 .103-1 Act.

Sec. 101-47 .103-2 GSA.

Sec. 101-47 .103-3 Airport.

Sec. 101-47 .103-4 Chapel.

Sec. 101-47 .103-5 Decontamination.

Sec. 101-47 .103-6 Disposal agency.

Sec. 101-47 .103-7 Holding agency.

Sec. 101-47 .103-8 Industrial property.

Sec. 101-47 .103-9 Landing area.

Sec. 101-47.103-10 Management

Sec. 101-47.103-11 Protection.

Sec. 101-47.103-12 Real property.

Sec. 101-47.103-13 Related personal properry.

Sec. 101-47.103-14 Other terms defined in the Act,

Sec. 101-47.103-15 Other terms.

Subpart 101 -47.2-Utilization of Excess Real Property

Sec. 101-47.200 Scope of subpart.

Sec. 101-47.20 i General provisions of subpart.

Sec. 101-47 .201-1 Policy.

Sec. 10147 .201-2 Guidelines.

Sec. 101-47 .201-3 Lands withdrawn or reserved from the public

domain.

Sec. 101-47 .201-4 Transfers under other laws.

Sec. 101-47.202 Reporting of excess real properry.

Sec. 101-47 .202-1 Reporting requirements,

Sec. 101-47 .202-2 Report forms.

Sec. 101-47 .202-3 Submission of reports.

Sec. 101-47 .202-4 Exceptions to reporting.

Sec. 101-47 .202-5 Reporting after submissions to the Congress.

Sec. 101-47 .202-6 Reports involving the public domain.

Sec. 101-47 .202-7 Repom involving contaminated propeny.

Sec. 101-47 .202-8 Notice of receipt.

Sec. 101-47 .202-9 Expense of protection and maintenance.

Sec. 101-47.202-10 Examination for acceptability.

Sec. 101-47.203 Utilization.

Sec. 101-47 .203-1 Reassignment of real prope~ by the agencies.

Sec. 101-47 .203-2 Transfer and utilization.

Sec. 101-47 .203-3 Notification of agency requirements.

Sec. 101-47 .203-6 Designa;on as personal pro>~.

Sec. 101-47 .203-7 Transfers.

Sec. 101-47 .203-8 Temporary utilization.

Sec. 101-47 .203-9 Non-Federal interim use of propmy.

Sec. 101-47.203-10 Withdrawals.

Sec. 101-47.204 Determination of surplus.

Sec. 101-47 .204-1 Reported propsrty.

Sec. 101-47 .204-2 Property excepted from reporting.

Subpart 101-47.3-Surplus Real Property Disposal

Sec. 101-47.300 Scope of subpart.

Sec. 101-47.301 General provisions of subpart.

Sec. 101-47 .301-1 Policy.

Sec. 101-47 .301-2 Applicability of anrirmst laws.

Sec. 10147 .301-3 Disposals under other laws.

Sec. 10147 .301-4 Cretht disposals and leases.

Sec. 10147.302 Desi=mation of disposal agencies.

Sec. 101-47 .302-1 General.

Sec. 101-47 .302-2 Holding agency.

Sec. 101-47 .302-3 General Services Administration.

Sec. 101-47.303 Responsibility of disposal agency.

Sec. 101-47 .303-1 Classification.

Sec. 10147 .303-2 Disposals to public agencies.

Sec. 101 -47.303-2a Notice for zoning purposes.

Sec. 101-47 .303-3 Studies.

Sec. 101-47 .303-4 Appraisal.

Sec. 10147.304 Advertised and negotiated disposals.

Sec. 101-47 .304-1 Publicity.

Sec. 101-47 .304-2 Soliciting cooperation of local groups.

Sec. 101-47 .304-3 lnforrnarion to interested persons.

Sec. 101-47 .304-4 Invitation for offers.

Sec. 101-47 .304-5 Inspection.

Sec. 101 JI7.3O4-6 Submission of offers.

Sec. 10147 .304-7 Advertised disposals.

Sec. 101-47 .304-8 [Reserved]

Sec. 101-47 .304-9 Negotiated disposals.

Sec. 101-47.304-10 Disposals by brokers.

Sec. 101-47.304-11 Documenting determinations to negotiate.

Sec. 101 JI7.3O4-12 Explanatory statements.

Sec. 101-47.304-13 Provisions relating to asbestos.

Sec. 101-47.304-14 Provisions relating to hazardous substance

activity.

Sec. 101-47.305 Acceptance of offers.

Sec. 101-47 .305-1 General.

Sec. 101-47 .305-2 Equal offers.

Sec. 101-47 .305-3 Notice to unsuccessful bidders.

Sec. 101-47.306 Absence of acceptable offers.

Sec. 101-47 .306-1 Negotiations.

Sec. 101-47 .306-2 Defense Industrial Reserve properties.

Sec. 101-47.307 Conveyances.

Sec. 101-47 .307-1 Form of deed or instrument of conveyance.

Sec. 101-47 .307-2 Conditions in disposal instruments.

Sec. 101-47 .307-3 Distribution of mnformed copies of conveyance

instruments.

Sec. 101-47 .307-4 Disposition of title papers

Sec. 101-47 .307-5 Title transfers from Government corporations.

December 1997 E-3
41 CFR Part 101+7: Federal Property Management Regulations

Sec. 101-47 .307-6 Proceeds from disposals.

See. 101-47.308 Special disposal provisions.

Sec. 101-47 .308-1 Power transmission lines.

Sec. 101-47 .308-2 Property for public airports.

Sec. 101-47 .308-3 Propefiy for use as hktotic monuments.

Sec. 101-47 .308-4 Property for educational and public health purposes.

Sec. 101-47 .308-5 Property for use as shrines, memorials, or for

religious purposes.

Sec. 101-47 .308-6 Property for housing and related facilities.

Sec. 101-47 .308-7 Propeny for use as public park or recreation areas.

See. 101-47 .308-8 Property for displaced persons.

Sec. 101-47 .308-9 Property for correctional facility use.

Sec. 101-47.308-10 Propc@ for port facility use.

Sec. 101-47.309 DisposaI of leases, permits, licenses, and similar

instruments.

Sec. 101-47.310 D@osal of structures and improvements on

Government-owned land.

Sec. 101-47.3 I I D@osal of residual personal property.

Sec. 101-47.312 Non-Federal interim use of property.

Sec. 101-47.313 Easements.

Sec. 101-47 .313-1 Disposal of ewements to owner of servient estate.

Sec. 101-47 .313-2 Grants of easement$ in or over Government

property.

Sec. 101-47.314 Compliance.

Sec. 101-47 .314-1 General.

Sec. 101-47 .314-2 Extent of investigations.

Subpart 101 -47.4-Management of Excess and Surplus Real

Property

Sec. 101-47.400 Scope of subpart.

Sec. 10147.401 General provisions of subpart.

Sec. 10147 .401-1 Policy.

Sec. 101-47 .401-2 Definitions.

Sec. 10147 .401-3 Taxes and other obligations.

Sec. 101-47 .401-4 Decontamination.

Sec. 10147 .401-5 Improvements or afterarions.

Sec. 101-47 .401-6 Interim use and occupancy.

Sec. 101-47.402 Protection and maintenance.

Sec. 101-47 .402-1 Responsibility.

Sec. 101-47 .402-2 Expense of protection and maintenance.

Sec. 101-47.403 Assistance in disposition.

Subpafl 101-47.5-Abandonment, Destruction, or Donation

to Public Bodies

Sec. 101-47.500 Scope of subpart.

Sec. 10147.501 General provisions of subpart.

Sec. 101-47 .501-1 Definitions.

Sec. 10147 .501-2 Authority for disposal.

Sec. 101-47 .501-3 Dangerous property.

Sec. 101-47 .501-4 Findings.

Sec. 10147.502 Donations to pubiic bodies.

Sec. 10147 .502-1 Cost limitations.

Sec. 10147 .502-2 DisposaJ costs.

Sec. 10147.503 Abandonment and destruction.

Sec. 10147 .503-1 General.

Sec. 10147 .503-2 Notice of proposed abandonment or destruction.

Sec. 10147 .503-3 Abandonmem or destruction without notice.

Subpan 101-47.8-Delegations

Sec. 10147.600 Scope of subpart.

Sec. 10147.601 Delegation to Department of Defense.

Sec. 10147.602 Delegation to the Department of Agriculture.

Sec. 10147.603 Delegations to the Secreuuy of she Interior.

Sec. 10147.604 Delegation to the Department of the Interior, the

Department of Health and Human Services, and the Department of

Education.

Subpart 10147.7-Conditional Gifts of Resl Property To

Further the Defense Effort

Sec. 101-47.700 SCOW of subparr.

Sec. 101-47.701 Offers and acceptance of conditional gifts.

Sec. 101-47.702 Constdtation with agencies.

Sec. 101-47.703 Advice of disposition.

Sec. 101-47.704 Acceptance of girls under other laws.

Subpart 101 -47.8-ldentif i cation of Unneeded Federal Real

Property

Sec. 101-47.800 Scope of subpart.

Sec. 10147.801 Standards.

Sec. 101-47.802 Procedures.

Subpart 101-47.9 Use of Federal Real Property to Assist the

Homeless

Sec. 101-47.901 Definitions.

Sec. 10147.902 Applicability.

Sec. 101-47.903 Collecting the information.

Sec. 101-47.904 Suitability determination.

Sec. 101-47.905 Real propetty reported excess to GSA.

Sec. 101-47.906 Suitability criteria.

Sec. 10147.907 Determination of availability.

Sec. 101-47.908 Public notice of determination.

Sec. 101-47.909 Application process.

Sec. 101-47.910 Action on approved applications.

Sec. 101-47.912 No applications approved.

Subparts 10147.10-10147.48 [Reserved]

Subpart 101-47.48-illustrations

Sec. 101-47.4900 Scope of subpart.

Sec. 101-47.4901 [Reserved]

Sec. 101-47.4902 Standard Form 118, Report of Excess Real Propctty.

Sec. 101-47 .4902-1 Standard Form 118a, Buildings, Structures,

Utilities, and Miscellaneous Facilities.

Sec. 101-47 .4902-2 Standard Form 118b, Land.

Sec. 101-47 .4902-3 Standard Form 118c, Related Personal Property.

Sec. 101-47.49024 Instructions for the preparation of Standard Form

118, and Attachments, Standard Forms 118a. 118b, and 118c.

Sec. 101-47.4904 GSA Form 1334, Request for Transfer of Excess

Real and Related Personal Propew.

Sec. 101-47 .4904-1 Instructions for preparation of GSA Form 1334,

Request for Transfer of Excess Real and Related Personal Prope@.

Sec. 10147.4905 Extract of statutes authorizing disposal of surplus

real property to public agencies.

Sec. 101-47.4906 Sample notice to public agencies of surplus

determination.

Sec. 10147.4906a Attachment to notice sent to zoning authority.

Sec. 10147 .4906b Paragraph to be added to letter sent to zoning

authority.

Sec. 101-47 .4906-1 Sample letter for transmission of notice of surplus

determination.

Sec. 10147,4906-2 Sample letter to a state single point of contact.

Sec. 101-47.4907 Lkt of Federal real property holding agencies.

Sec. 10147,4908 Excess profits covenant.

Sec. 101-47.4909 Highest and best use.

Sec. 101-47.4910 Field offices of Department of Health, Education,

and Welfwe.

Sec. 101-47.4911 Outline for explanatory statements for negotiated

sales.

Sec. 101-47.4912 Regional offices of the Bureau of Outdoor

Recreation, Department of the Interior.

Sec. 101-47.4913 Outline for protection and maintenance of excess

and surplus real propmy.

Sec. 101-47.4914 Executive Order 12512.

E-4 December 1997
DoD Base Reuse Implementation Manual

AUTHORITY: 40 U.S.C. 486(c). Subpart 101-47.9 also issued under 42

U.s.c. 11411.

SOURCE: 29 FR 16126, Dec. 3, 1964, unless otherwise noted.

Sec. 101-47.000 Scope of parL

This part prescribes the policies and methods governing the

utilization and disposaf of excess and surplus reaf property and related

personal property within the States of the Union, the Disrnct of

Columbia, the Corrmronweaftb of Puerto Rico, American Samoa,

Guam, the Trust Territory of the Pacific Islands, and the Virgin Islands.

[47 FR 4521, Feb. 1. 1982]

Subpart 101-47.1-General Provisions

Sec. 101-47.100 Scope of subpart.

This subpart sets forth the applicability of this Part 10147, and

other introductory information.

Sec 101-47.101 Appficsbllity.

The provisions of this Part 101-47 apply to all Federaf agencies,

except as may ot.lm-wise be specifically provided under each section or

subpart.

Sec. 101-47.102 ~eserved]

Sec. 101-47.103 Definitions.

As used throughout this Part 101-47, the following terms shall have

the meanings as set forth in this Subpart 101-47.1.

Sec. 101-47.103-1 Act.

The Federal Property and Administrative Services Act of 1949,63

Stat. 377, as amended.

Sec. 101-47.103-2 GSA.

The Generaf Services Administration, acting by or through the

Administrator of General Services, or a designated official to whom

functions under this Part 101-47 have been delegated by the

Administrator of General Services.

Sec. 101 Jt7.103-3 AirporL

Any area of land or water which is used, or intended for use, for the

landing and takeoff of aircraft, and any appurtenant areas which are

used, or intended for use, for airport buildings or other airport

facilities or rights-of-way, together with afl airport buildings and

facilities located rhercon.

See. 101-47.103-4 ChapeL

Any Govemment+wned building and improvements, including

surplus fixtures or fin-nisfrings therein, related or essential to the

religious activities and services for which the building is to be used

and maintained, wss designed for and used, or was intended to be

used.

Sec. 101-47.103-5 Decontamination.

The complete removal or destruction by flashing of explosive

powders; the neutmh.zing and cleaning-out of acid and corrosive

materials; the removal. destruction, or neutralizing of toxic, hazardous

or infectious substances; and the complete removal and destruction by

burning or detonation of live ammunition from contaminated areas and

buildings.

[53 FR 29893, Aug. 9, 1988]

Sec. 101-47 .103-6 Dkposal agency.

The executive agency designated by the Administrator of General

Services to dispose of surplus real propeRy.

Se& 101-47.103-7 Holdhsg agency.

The Federal agency which has accountability for the propemy

involved.

Sec. 101-47.103-8 Industrial property.

Any real property and related personaf property which has been used

or wh]ch is suitable to be used for manufacturing, fabricating, or

processing of products: mining operations; construction or repair of

ships and other waterborne carriers; power transmission facilities;

railroad facilities; and pipeline facilities for transporting petroleum or

gas.

Sec. 101-47 .103-9 Landhg area.

Any land or combination of water and land, together with

improvements thereon and necessary operational equipment used in

connection therewith, which is used for landing, takeoff, and parking

of aircraft. The term includes, but is not limited to, runways, strips,

taxiways, and parking aprons.

Sec. 101-47.103-10 Management.

The safeguarding of the Government’s interest in property, in an

efficient and economical manner consistent with the best business

practices,

Sec 101-47.103-11 Protection.

The provisions of adequate measures for prevention and

extinguishment of fwes. speciaf inspections to determine and eliminate

fire and other hazards. and necessary guards to protect property against

thievery, vandalism, and unauthorized entry.

Sec. 101-47.103-12 Real property.

(a) Any interest in land, together with the improvements, structures,

and fixtures located thereon (including prefabricated movable

structures, such as Butler-type storage w=ehouses and quonset huts,

and housetrailers with or without undercarriages), and appurtenances

thereto, under the control of any Federal agency, except:

(1) The public domain;

(2) Lands reserved or dedicated for national forest or national park

purposes;

(3) MineraIs in lands or portions of lands withdrawn or reserved

from the public domain which the Secrmary of the Interior determines

are suitable for deposition under the public land mining and mineral

leasing laws;

(4) Lands withdrawn or reserved from the public domain but not

including lands or portions of lands so withdrawn or reserved which

the Secretary of the Interior, with the concurrence of the Administrator

of General Services. determines arc not suitable for return to the public

domain for disposition under the generaf public land laws because such

lands are substantially changed in character by improvements or

orhenvise; and

(5) Crops when designated by such agency for disposition by

severance and removal from the land.

(b) Improvements of any kind, structures, and fixtures under the

control of any Federal agency when designated by such agency for

disposition without the underlying land (including such as maybe

located on the public domain, or lands withdrawn or reserved from the

public domain, or lands reserved or dedicated for national forest or

national park purposes, or on lands that are not owned by the United

Srates) excluding, however, prefabricated movable structures, such x

Butler-type storage warehouses and quonset huts, and housetrailers

(with or without undercarriages).

December 1997 E-S
41 CFR Part 101-47: Federal Property Management Regulations

(c) Startding timber and embedded gravel, sand, or stone under the

control of any Federal a,genq whether designated by such agency for

disposition with the land or by severance and removal from the land,

excluding timber felled, and .=vel. sand, or stone excavated by or for

the Government prior to dispition.

[29 FR 16126, Dec. 3, 1964. as amended at 30 FR 11281, Aug. 2,

1965; 33 FR 8737, June 14, 1968]

Sec. 10147.103-13 Related personal property.

“Related personal propsrly” means any personal property:

(a) Wbicb is an integraJ part of real prope~ or is related to,

designed for, or specially adapted to the functional or productive

capacity of the red property and removal of this personal property

would significantly diminish the economic vafue of the real property.

Normally. common use items. including but not limited to gcneralpurpose furniture, utensils. office machines, office supplies, or generalpurpose vehicles, are not considered to be related personal property; or

(b) Which is determined by the Administrator of General Services to

be related to the real propcrn.

[46 FR 45951. Sept. 16, 1981]

Sec. 101-47.103-14 Other terms defined in the Act.

Other terms which are defied in the Act shall have the meanings

given them by such Act.

Sec. 10147.103-15 Other terms.

Other terms not applicable throughout this part are defined in the

sections or subparts to which they apply.

Subpafl 101-47.2-lJtilizstion of Excess Real Propew

Sec. 10147.200 Scope of subpart.

(a) This subparr prescribes the policies and methods governing the

reporting by executive agencies and utilization by Federal agencies of

excess real propmy, including related personal propetty within the

State of the Union, the District of Columbia, the Commonweaftb of

Puerto Rico, American Samoa. Guam, the Trust Terrhory of the Pacific

Islands, and the Virgin Iskmds. This subpart does not apply to the

abandonmen~ destruction, or donation to public bodies, under section

202(h) of the Act (covered by Subpart 101-47.5).

(b) The provisions of this Subpart 101-47.2 shafl not apply to

asbestos on Federal property which is subject to section 120(h) of the

Supcrfrmd Amendments and Reauthorization Act of 1986, Pub. L. 99-

499.

[53 FR 29893, Aug. 9, 1988]

Sec. 10147.201 General provisions of subpart.

Sec. 101-47 .201-1 Policy.

his the policy of the Administrator of General Services:

(a) To stimulate the identification and reporting by executive

agencies of excess real propc~.

(b) To achieve the maximum utilization by executive agencies, in

terms of economy and efficiency, of excess real propmry in order to

minimize expenditures for the purchase of real properry.

(c) To provide for the tmnsfer of excess real properry among Federal

agencies, to mixed-ownership Government corporations, and to the

municipal government of the District of Cohsmbla.

[29 FR 16126, Dec. 3.1964. as amended at 42 FR 40698, Aug. 11,

1 977]

Sec. 101-47.201-2 Guidelines.

(a) Each executive agency shall:

(1) Survey real property under its control (including property

assigned on a permit basis to other FederaJ agencies, or outleased to

States, local governments, other public bodies, or private interests) at

least annually to identify propeny which is not needed, underutilized,

or not being put to optimum use. When other needs for the property are

identified or recognized, the a~ncy shall determine whether

continuation of the current use or another Federal or ocher use would

better serve the public interes~ considering both the agency’s needs and

the property’s location. In conducting each review, agencies sha.11 be

guided by Sec. 101-47.801(b), other applicable General Services

Administration regulations, and such criteria as maybe established by

the Federal Propc~ Council;

(2) Mainrain its inventory of real property at the absolute minimum

consistent with economical and efficient conduct of the affairs of rite

agency; and

(3) Promptly report to GSA real property which it has determined to

be excess.

(b) Each executive agency shall. so far as practicable, pursuant to

the provisions of this subpart, fulfill lK needs for reaf properry by

utilization of excess real property.

(c) To preclude the acquisition by purchase of real property when

excess or surplus property of another Federal agency may be available

wh]ch would meet the need, each executive agency shafl notify GSA of

its needs and ascertain whether any such propmy is available.

However, in specific instances where the agency’s proposed acquisition

of real property is d:cratcd by such factors as exact geographical

location, topography, engineering, or similar characteristics which

limit the possible use of other available property, the notification shall

not be required. For example, for a darn site or reservoir area or the

construction of a generating plant or a substation specific lands arc

needed and, ordinarily, no purpose would be served by such

notification.

(d) In every case of a proposed transfer of excess real property, the

paramount consideration shall W the vafidity and appropriateness of

the requirement upon which the proposal is based.

(1) A proposed rnnsfer should not establish a new program of an

executive agency which has never been reflected in any previous

budget submission or congressional action; nor should it substantially

increase the level of an agency’s existing programs beyond that which

has been contemplated in the President’s budget or by the Congress.

(2) Before requesting a rmnsfer of excess real propemy, an executive

agency should:

(i) .$crcen the holdings of the bureaus or other organizations within

the agency to determine whether the new requirement can be met

through improved utilization. Any utilization, however, must be for

purposes that are consistent with the highest and best use of the

property under consideration: and

(ii) Review all real properry under its accountability which it has

assigned on a permit basis to other FederaJ agencies, or outleased to

States, local govemmenLs, other public bodies, or private interests and

terminate the permit or lease for any property, or portion thereof, that is

suitable for the proposed need whenever such termination is not

prohibited by the terms of the prnit or lease.

(3) Property found to be available under Sec. 101-47.201-2(d)(2) (i)

or (ii), should be utilized for the proposed need in lieu of requesting a

transfer of excess real property, Reassignments of such property within

the agency should be made in appropriate cases.

(4) The appraised fair marker vahse of the excess real property

prrpsed for transfer should not subsranardly exceed the probable

purchase price of other real propefiy which would be suitable for the

intended purpose.

(5) The size and quantity of excess real property to be transferred

should be limited to the actual KCC@CtTMtL$, Other portions of an

excess installation which can be separated should be withheld from

E-6 December 1997
DoD Base Reuse Imdementation Manual

transfer and made available for disposal to other agencies or to the

public.

(6) Consideration should be given to the design, layout, geographic

location, age, state of repair, and expected maintenance costs of excess

r~ property proposed for transfer. It should be clearly demonstrated

that the transfer will prove more economical over a sustained period of

time than acquisition of a new faciIity specifically planned for the

purpose.

(7) Excess real prope~ should not be permanently transferred to

agencies for programs which appear to be scbcdukd for substantial

cumtilment or termination. In such cases, the property may be

temporarily transferred on a conditional basis, with an understanding

that the property will be released for further Federrd utilization or

d~posal as surpIus property, at a time agreed upon when the transfer is

~ged (see Sec. 101-47.203-8).

(e) Excess real pmpcrty of a type which may be used for office,

storage, and related purposes normally will be assigned by, or at the

direction of, GSA for use to the requesting agency in lieu of being

transferred to the agency.

(fl Federal agencies which normafly do not require real propmry,

other than for offkc, storage, and related purposes, or which may not

have statutory authority to acquire such property, may obtain the use of

excess rcaI property for an approved program when authorized by

GSA.

[29 FR 16126, Dec. 3, 1964, as amended at 39 FR 11281, Sept. 2,

1965; 37 FR 5029, Mar. 9, 1972; 40 FR 12078, Mar. 17, 1975]

Sec. 101-47.201-3 Lands withdrawn or reserved from the public

domain.

(a) Agencies holding lands withdrawn or reserved from the public

domain, which they no longer need, shall send to the GSA regional

office for the region in which the lands arc located an information copy

of each notice of intention to relinquish filed with the Department of

the Interior (43 CFR Part 2372, et seq.).

(b) Section 101-47 .202-6 prescribes the procedure for repornng to

GSA as excess propaty, cenain lands or portions of lands withdrawn

or reserved fmm the public domain for which such notices have been

filed with the Department of the Interior.

[29 FR 16126, Dec. 3, 1964, as amended at 42 FR 40698, Aug. 11,

1977]

Sec. 101-47.201-4 Transfers under other laws.

Pursuant to section 602(c) of the ACL transfers of real property shall

not be made under other laws, but shall be made only in strict

accordance with the provisions of thk subpart unless the Administrator

of General Services, upon written application by the dkposal agency,

shall determine in each case that the previsions of any such orher law,

pursuant to which a transfer is proposed to be made, are not

ineonsistem with the authority conferred by this Act. The provisions of

this section shall not apply to transfers of real property authorized to be

made by section 602(d) of the Act or by any special statute which

directs or requires an executive agency named therein to transfer or

convey specifically described real property in accordance with the

provisions of such statute.

Sec. 101-47.202 Reporting of excess real property.

Sec 101-47.202-1 Reporting requirements.

Each executive agency shall report to GSA, pursuant to the

provisions of thk section, all excess rerd propmy except as provided in

Sec. 101-47.202-4. Reports of excess real property shall be based on

the agency’s official real property records and accounts.

(a) All excess related personal property shall be reported as a pw-r of

the same report covering the excess real propc~.

(b) Upon request of dre Ati]nisrrator of General Services, executive

agencies shall institute specific surveys to determine that ponion of

real pmperry, including unimproved property, under their control

which might be excess and suitable for office, storage, and related

facilities, and shall report promptly to the Administrator of General

Services as soon as each survey is completed.

Sec 101-47.202-2 Report forms.

Reports of excess real property and related personal property shall be

prepu-ed on Standard Form 118, Report of Excess Real Property (see

Sec. 101- 47.4902), and accompanying Standard Form 1182 Buildings

Structures, Utilities, and Miscellaneous Facilities, Schedule A (Sec.

101-47.4902-1); Standard Form 118b, Land, Schedule B (see Sec. 101-

47.402-2); and Standard Form 11 SC. Related Personal Property,

Schedule C (see Sec. 101-47.4902-3). Instructions for the preparation

of Standard Forms 118, 118a, 118b, and 118c are set forth in Sec. 101-

47.4902-4.

(a) Property for which the holding agency is designated as the

disposal agency under the provisions of Sec. 101-47 .302-2 and which

is required to be reported to GSA under the provisions of this section

shatl be reported on Standard Form 118, without the accompanying

Schedules A, B, and C, unless the holding agency requests GSA to act

as disposal agency and a statement to that effect is inserted in Block

18, Remarks, of Swdard Form 118.

(b) In all cases where Government-owned land is reported, there

shall be attached to and made a part of Standard Form 118 (original

and copies thereof) a report prepared by a qualified employee of the

holdtng agency on the Government’s title to the property based upon

his review of the records of the agency. The report shafl recite:

(1) The description of the property.

(2) The date title vested in the United States.

(3) All exceptions, reservations, conditions, and restrictions, relating

to the title acquired.

(4) Detailed information concerning any action, thing, or

circumstance that occurred from the date of the acquisition of the

property by the United States to the date of the report which in any way

affected or may have affected the right, title, and interest of the United

States in and to the real property (together with copies of such legal

comment.. or opinions as may be contained in the file concerning the

manner in which and the extent to which such right, title, or interest

may have been affected). In the absence of any such action, thing, or

circumstance, a statement to that effect shaIl be made a part of the

report.

(5) The status of civil and criminal jurisdiction over the land that is

peculiar to the property by reason of it being Government-owned land.

In the absence of any special circumstances, a statement to that effect

shall be made a part of the report.

(6) Derailed information regarding any known flood hazards or

flooding of the pmpcrry and, if located in a floodplain or wetlands, a

listing of and citations to those uses that arc restricted under identified

Federal, State, or local regulations as required by Executive Orders

11988 and 11990 of May 24, 1977.

(7) The specific identification and description of fixtures and related

personal pmpcrty that have possible hktoric or artistic value.

(8) The historical significance of the property, if any, and whether

the properry is listed, is eligible for, or has been nominated for listing

in the National Register of Historic Places or is in proximity to a

property on the National Register. If the holding agency is aware of any

effort by the public to have the property listed on the National Register,

this information should be included.

(9) To the extent such information is reasonably available or

ascertainable from agency files, personnel, and other inquiry, a

description of the type. location and condition of asbestos incorporated

in the construction, repair, or alteration of any building or

improvement on the property (e.g., fireproofing, pipe insulation, etc.)

and a description of any asbestos control measures taken for the

December 1997 E-7
41 CFR Part 101-47: Federal Property Management Regulations

propeny. To assist GSA in considering the disposal options for the

property, agencies shall also provide to GSA any available indlcarion

of costs anct/or time necessary to remove all or any portion of the

asbestos-containing materials. Agencies arc not required to conduct

any specific studies anrilor tests to obtain this information. (See also

Sec. 101-47 .200(b).)

(10) With respect to hazardous substance activity on the property:

(i) A statement indicating whether or not, during the time the

property was owned by the United States, any hazardous substance

activity, as defined by regulations issued by the Environmental

Protection Agency at 40 CFR part 373, took place on the property.

Hazardous substance activity includes situations where any bamrdous

substance was stored for one year or more, known to have been

released, or dkposed of on the property. Agencies m.porting such

property shafl review the regulations issued by the Environmenrrd

Protection Agency at 40 CFR part 373 for derails on the information

rcqsired,

(ii) If such activity took place, the reporting agency must include

information on the type and quantity of such hazardous substanti and

the time at which such storage. release, or disposal took place. in

addition to the specific information on the type and quantity of the

h~dous substance, the reporting agency shafl also advise the

disposal agency if all rcmcdird action necessary to protect human

hcafth and the environment with respect to any such substance

remaining on the property has been taken before the date of the

property was reported excess. If such action has not been taken, the

~pofing agency shall advise the d@osal agency when such action

will be completed.

(iii) If no such activity took place, the reporting agency must include

a statement “The (reporting agency) has determined, accordance with

regulations issued by the Environmental Protection Agency at 40 CFR

part 373. that there is no evidence to indicate that hazardous substance

activity took place on the property during the time the pro~rty was

owned by the United States.”

(c) There shall be transmitted with Standard Form 118:

(1) A legible, reproducible copy of afl instruments in fmsession of

the agency which affect the right, titfe, or interest of the United States

in the property reported or the use and operation of such property

(including agreements covering and licenses to use, any patents,

processes, techniques, or inventions). In cases where the agency

considers it to be impracticable to transmit the ahssracts of title and

related title evidence, such documents need not be transmitted;

however, the name and address of the custodian of such documents

shaIl be stated in the title report referred to in Sec. 101- 47.202-2(b)

and they shall be furnished if requested by GSA;

(2) Any appraisal reports in the possession of the holding agency of

the fair market value or the fair annual rental of the property reperted;

and

(3) A certification by a responsible person that the property does or

does not contain polychlorinated biphenyl (PCB) transformers or other

equipment regulated by the Environmental Protection Agency under 40

CFR Parr 761. If the proprry does contain any equipment subject to 40

CFR Part 761, the certification must include an assurance on behalf of

the holding agency that each item of such equipment is now and will

be maintained in a state of compliance with such regulations until

disposal of the property.

[29 FR 16126. Dec. 3, 1964, as amended at 31 FR 15541, Dec. 9.

1966; 34 FR 8166, May 24, 1969; 40 FR 22256, May 22, 1975; 44 FR

19406, Apr. 3, 1979; 52 FR 46467. Dec. 8, 1987; 53 FR 29893. Aug.

9, 1988; ITR Amdt. 16.56 FR 15048. Apr. 15, 1991]

Sec. 101-47 .202-3 Submission of reports.

Reports of excess shafl be filed with the regional office of GSA for

the region in which the excess property is located, as follows:

(a) Government-owned real property and related personal property

shall be reported by the holding agencies 90-calendar days in advance

of the date such excess prope~ shall become available for transfer to

another Federal agency or for disposal. Where the circumstances will

not permit excess real properly and related personal property to be

reported a full 90-calendtu days in advance of the date it will be

available, the report shall be made as far in advance of such date as

possible.

(b) Leasehold interests in red propxty determined to be excess shall

be reported at least 60-cafendar days prior to the date on which notice

of termination or cancellation is required by the terms of the instrument

under which the property is occupied.

(c) All reports submitted by the Department of Defense shall bear

the certification “This property has been screened against the known

needs of the Department of Defense.” All reports submitted by civilian

agencies shall bear the certification “This property has been screened

against the known needs of the holding agency.”

Sec. 101-47.202-4 Exceptions to reporting.

(a) A holding agency shall not report to GSA leased space assigned

to the agency by GSA and determined by the agency to be excess.

(b) Aso, except for those instances set forth in Sec. 10147 .202+c)

a holding agency shall not report to GSA property used, occupied, or

controlled by the Governmem under a lease, permit, license, easement,

or similar instrument when:

(1) The lease or other insmtment is subject to termination by the

grantor or owner of the premises within nine months;

(2) Tbe remaining term of the lease or other instrument, including

renewal rights, will provide for less than nine months of use and

occupancy;

(3) The term of the lease or other instrument would preclude transfer

to, or use by, another Federal agency or disposal to a third party; or

(4) The lease or other instrument provides for use and occupancy of

space for office, storage, and related facilities, which does not exceed a

total of 2,500 sq. feet.

(c) Property. which otherwise would not be reported because it falls

witbin the exceptions set forth in Sec. 101-47.202-4(b) shall be

reported:

(1) if there are Government owned improvements located on the

premises; or

(2) If the continued use, occupancy, or control of the pro~rty by the

Government is needful for the operation, production, or maintenance of

other property owned or controlled by the Government that has been

reported excess or is required to be reported to GSA under the

provisions of this section.

Sec. 101-47.202-5 Reporting after submissions to the Congress.

Reports of excess covering propefiy of the military departments and

of the Office of Emergency Planning prepared after the expiration of

30 days from the date upon which a report of the facts concerning the

reporting of such property was submitted to the Committees on Armed

Services of the Senate and House of Representatives, 10 U.S.C. 2662

and the Act of August 10, 1956, 70A Stat. 636, as amended (50 U.S.C.

App. 2285), shall contain a statement that the requirements of the

statute have been met.

Sec. 101-47 .202-6 Reports involving tbe pubtic domain.

(a) Agencies holding land withdrawn or reserved from the public

domain which they no longer need, shall report on Standard Form 118,

with appropriate Schedules A, B, and C, land or portions of land so

withdrawn or reserved and the improvements thereon, if any, to the

regional office of GSA for the region in which the lands are located

when the agency has:

(1) Ftled a notice of intention to relinquish with the Department of

the Interior and sent a copy of the notice to the regional office of GSA

(Sec. 101 -47.201-3);

E-8 December 1997
DoD Base Reuse Imtdementation Manual

(2) Been notified by the Department of the Interior that the Secretary

of the Interior, with the concurrence of the Administrator of General

Services, has determined the lands are not suitable for return to the

public domain for disposition under the general public land laws

because the lands are substantially changed in character by

improvements or otherwise; and

(3) Obtained from the Department of the Interior a report a.. to

whether any agency (other than the holding agency) claims primary,

joint, or secondmy jurisdiction over the lands and whether the

Department’s records show the lands to be encumbered with any

existing vahd rights or privileges under the public land laws.

(b) Should the Department of the Interior determine that minerals in

the lands are not suitable for disposition under the public land mining

and mineral leasing laws, the Department will notify the appropriate

regional office of GSA of such determination and will authorize the

holding agency to include the minerals in its report to GSA.

(c) When reporting the propefiy to GSA, a true copy of the

notification (Sec. 101-47 ,202-6(a)(2)) and report (Sec. 10 I -47.202-

6(a)(3)) shall be submitted as a part of the holding agency’s report on

the Government’s legal title which shall accompany Standard Form

118.

Sec 101-47 .202-7 Reports involving contaminated property.

Any report of excess covering property which in its present

condition is dangerous or hazardous to health and safety, shall state the

extent of such contamination, the plans for decontamination, and the

extent to which the propcny may be used without further

decontamination. In the case of properties containing asbestoscontaining materials artd in lieu of the requirements of the foregoing

provisions of Sec. 101-47.202-7, see subsection 101-47.202-2(b)(9).

[53 FR 28984, Aug. 9, 1988]

Sec. 101-47.202-8 Notice of receipt.

GSA shall promptly notify the holding agency of the date of receipt

of each Report of Excess Real Property (Standard Form 118).

Sec. 101-47 .202-9 Expense of protection and maintenance.

When there are expenses connected with the protection and

maintenance of the prcprty reported to GSA, the notice to the holding

agency of the date of receipt (see Sec. 101-47.202-8) will indicate, if

determinable, the date that the provisions of Sec.101 -47.402-2 will

become effective. Normally this will be the date of the receipt of the

report. If because of actions of the holdkg agency the property is not

available for immediate disposition at the time of receipt of the report,

the holding agency will be reminded in the notice that the period of its

responsibility for the expense of protection and maintenance will be

extended by the period of the delay.

[49 FR 1348, Jan, 11, 1984]

Sec. 101-47.202-10 Examination for acceptability.

Each report of excess shall be reviewed by GSA to mcertain whether

the report was prepucd in accordance with the provisions of this

section. Within fifteen calendar days after receipt of a report, the

holding agency shafl be informed by Ietter of the findings of GSA.

(a) Where it is found that a report is adequate to the extent that GSA

erur proceed with utilization and dkposal actions for the property, tie

report shall be accepred and the holding agency shall be informed of

the date of such acceptance, However, the holding agency shall, upon

requesL promptly furnish such additional information or documents

relating to the propxty as may be required by GSA to accomplish a

transfer or a disposal.

(b) Where it is found that a report is insufficient to the extent that

GSA would be unable to proceed with any utilization or disposal

actions for the property, the report shall be returned and the holding

agency shall be informed of the facts and circumstances that required

the return of the repott The holding agency promptly shall take such

action as may be appropriate to submit an acceptable report to GSA.

Should the holding agency be unable to submit an acceptable report,

the propcfly shall be removed from under the provisions of Sec. 101-

47.402-2.

See. 101-47.203 Utilization.

Sec. 101=47 .203-1 Reassignment of real property by the agencies.

Each executive agency shafl, as far as practicable and within the

policies expressed in this Subpart 101-47.2, make reassignments of

real properry and related ~rsonal property under its control and

jurisdiction among activities withhr the agency in lieu of acquiring

such property from other sources.

[42 FR 40698, Aug. 11, 1977]

See. 101-47 .203-2 Transfer and utilization.

Each executive agency shall, as far as practicable and within the

policies expressed in this Subpart 101-47.2, transfer excess real

properry under its control to other Federal agencies and to the

organizations specified in Sec. 101-47.203-7, and shall fulfill its

requirements for real pmpty by obtaining excess real property from

other Federal agencies. Transfers of property shall be made in

accordance with the provisions of this subpart.

[42 FR 40698, Aug. 11, 1977]

Sec. 101-47.203-3 Not.ifkation of agency requirements.

Each executive agency shafl notify the proper GSA regional office

whenever real property is needed for an authorized program of the

agency, The notice SM state the land area of the property needed, the

preferred location or suitable alternate locations, and describe the type

of property needed in sut%cient detail to enable GSA to review its

records of property rhm it knows will be reported excess by holding

agencie5. its inventory of excess property, and its inventory of surplus

property, to ascertain whether any such property maybe suitable for

the needs of the agency. The agency shall be informed promptly by the

GSA regional office as to whether or not any such property is available.

[33 FR 571, Jan. 17. 1968]

Se~ 101-47.203-4 Real property excepted from reporting.

Agencies having transferable excess real property and related

personal property in tAe categories excepted from reporting by Sec.

101-47.202-4 shafl, hefore disposal. satisfy themselves in a manner

consistent with the provisions of this section that such properry is not

needed by orher Government agencies.

Sec. 101-47.203-5 Screening of excess real property.

Excess real propcrn and related personal properry reported by

executive agencies shall, unless such screening is waived, be screened

by GSA for utilization by Federal real pro~m holding agencies (listed

in Sec. 101- 47,4907). which may reasonably be ex~cted to have use

for the properly as follows:

(a) Notices of availability will be submitted to each such agency

which shaJl, within 30 calendar days from the date of notice, advise

GSA if there is a firm requirement or a tentative requirement for the

property. Agencies having tentative or firm requirements for surplus

Federal real property for replacement housing for displaced persons, as

authorized by section 218 of the Uniform Relocation Assistance and

Real property Acquisition Policies Act of 1970 (84 Stat. 1902), shall

review these notices for the additional purpose of identifying properties

for which they may have such a requirement. When such a requirement

exists, the agency shaIi so advise the appropriate GSA regional office.

December 1997 E - 9
41 CFR Part 101-47: Federal Property Management Regulations

(I) In the event a tentative requirement exists. the agency shall,

within an additional 30 cafendar days, advise GSA if there is a firm

requirement.

(2) Within 60 calendar days after advice to GSA that a firm

requirement exists, the agency shaJl furnish GSA a request for transfer

of the propmy pursuant to Sec. 101-47.203-7.

(b) Notices of availability for information of the Seeretmy of Health

and Human Services and the Secretary of Education in comection with

the exercise of the authority vested under the provisions of section

203(k)(1) of the Act, and for information of the Secretary of the

Interior in connection with the exercise of the authority vested under

the provisions of section 203(k)(2) of the Actor a possible

determination under the provisions of section 203(k)(3) of the Act, will

be sent to the offices designated by the Secretaries to serve the areas in

which the properties are located. Similar notices of availability for

information of the Attorney General in connection with a possible

determination under the provisions of section 203(p)(l ) of the Act, and

for information of the Secretary of Transportation in connection with

the exercise of the authority vested under the provisions of section

203(q) of the Act, will be respectively sent to the Office of Justice

Pro=~, Depamment of Justice, and tJte Maritime Administration,

Department of Transportation.

(c) The Departments of Health and Human Services. E&cation,

Interior, Justice, and Transportation shall not attempt to interest a local

applicant in a property until it is determined surplus, except with the

prior eonsent of GSA on a ease-by-case basis or as otherwise agreed

upon. When such consent is obtained, the local applicant shall be

informed that consideration of the application is conditional upon the

property being determined surplus to Federal requirements and made

available for the purposes of the application. However, these

Departments are encouraged to advise the appropriate GSA regionrd

oftlce of those excess properties which are suitable for their programs.

(d) Concurrently with the 30-day Federal agency use screening

period, those Federal agencies that sponsor public benefit disposals at

less than fair market vahte as permitted by the statutory authorities in

Sec. 101-47.4905 may provide the disposal agency with a

recommendation, together with a brief supporting rationale, as

illustrated in Sec. 101-47.4909, that the highest and best use of the

property is for a specific public benefit purpose. The recommendation

may be made by the agency head, or designee, and will be considered

by the disposal agency in its final highest and best use analysis and

determination. After a determination of surplus has been made, if the

disposal agency agrees with a sponsoring Federal agency that the

highest and best use of a particular propeny is for a specific public

benefit purpose, local public bodies will be notified hat the properry is

mailable for that use.

[29 FR 16126, Dec. 3, 1964, as amended at 36 FR 11438, June 12.

1971; 47 FR 37175, Aug. 25, 1982; 49 FR 37091. Sept. 21. 1984; 52

FR 9832. Mar. 27, 1987; FMPR Amdt. H-192, 60 FR 35706, July 1 I,

1 995]

Sec. 101-47 .203-6 Designation as personal property.

(a) Prefabricated movable structures such as Butler-type storage

warehouses, quonset huts, and houseerailers (with or without

undercarriages) reported to GSA with the land on which they are

located may, in the discrcbon of GSA, be designated for disposition as

personal pro~rry for off-site use.

(b) Related personal property may, in the discretion of the disposal

agency, be designated for disposition as personrd properry.

Consideration of such designation shall be given particularly to items

having possible historic or artistic value to ensure that Federal

agencies, including the Smithsonian Institution (see Sec. 101 -43.302),

me afforded the opportunity of obtining them through personal

property channels for off-site use for preservation and display. Fixtures

such as murals and fixed sculpture which have exceptional historical or

artistic value may be designated for disposition by severance for offsitc use. In making such designations, consideration shall be given to

such factors as whether the severance can be accomplished witftout

seriously affecting the value of the realty and whether a ready

disposition can be made of the severed fixtures.

(c) When a structure is to be demolished, any fixtures or related

personal property therein may, at the discretion of the disposal agency,

be designated for disposition as personaf property where a ready

disposition can be made of these items through such action. As

indicated in paragraph (b) of this section, particular consideration

should be given to designating items of possible historical or artistic

value as personaI property in such instances.

[34 FR 8166, May 24, 1969]

See. 10147.203-7 Transfers.

(a) The agency requesting transfer of excess real property and related

personal properry reported to GSA shall prepare and submit to the

proper GSA regionaf office GSA Form 1334, Request for Transfer of

Excess Real and Related Personal Property (Sec. 101 -47.4904).

Instructions for the preparation of GSA Form 1334 are set forth in Sec.

101-47,4904-1.

(b) Upon determination by GSA that a transfer of the property

requested is in the best interest of the Government and that the

requesting agency is the appropriate agency to hold the propetiy, the

transfer may be made among Federal agencies, to mixed-ownership

Government corporations, and to tJre municipal government of the

Disrnct of Columbia.

(c) [Reserved]

(d) Transfers of propmy to executive agencies shall be made when

the proposed land use is consistent with the policy of the Administrator

of Gcnerd Services as prescribed in Sec. 101-47 .201-I rmd the policy

guidelines prescribed in See. 101-47.201-2. In determining whether a

proposed transfer should be approved under the policy guidelines, GSA

and OMB may consult informally to obtain all available data

concerning actual program needs for the property,

(e) GSA will execute or authorize all approved transfers to the

requesting agency of property reported to GSA. Agencies may transfer

without reference to GSA excess real property which is not reported to

GSA under the provisions of Sec. 101-47.202-4(b)(1), (2), smd (4).

However, such transfers shall be made in accordance with the

principles+ set forth in this section.

(f) Pursuant to an agreement between the Director. Office of

Management and Budget, and the Administrator of General Services,

reimbursement for transfers of excess real propmty is prescribed as

follows:

(1) Where the transferor agency has requested the net proceeds of

the u-artsfer pursuant to section 204 (c)of the Act. or where either the

transferor or transferee agency (or organizational unit affected) is

subject to the Government Corporation Control Act (31 U .S .C. 841) or

is a mixed- ownership Government corporation, or the municipal

government of the District of Columbia, reimbursement for the transfer

shall be in an amount equal tothe estimated fair market value of the

propaty requested as determined by the Administrator Provided, That

where the transferor agency is a wholly owned Government

corporation. the reimbursement shall be either in an amount equal to

the estimated fair market value of the property requested, or the

corporation’s book value thereof, as may be agreed upon by GSA and

the corporation.

(2) Reimbursement for all other uansfers of excess real property

shall be:

(i) In ~ amount equal to 100 percent of the estimated fair market

value of the property requested. as determined by the Administrator, or

if the transfer is for the purpose of upgrading facilities (i e., for the

Pqsc of replacing other property of the transferee agency which

because of the location, nature, or condition thereof, is less efficient for

E-1 O December 1997
DoD Base Reuse Implementation Manual

use), the reimbursement shall be in an amount equaJ to the difference

between the estimated fair market value of the property to be replaced

and the estimated fair market value of the propctty requested, as

determined by the Administrator,

(ii) Without reimbursement when the transfer is to be made under

either of the following conditions:

(A) Congress has specifically authorized the tmnsfer without

reimbursement, or

(B) The Administrator with the approval of the Director, Office of

Management and BudgeL has approved a request for art exception

from the 100 percent reimbursement requirement.

(1) A request for exception from the 100 percent reimbursement

requirement shall be endorsed by the head of the executive deparmrtent

or agency requesting the exception.

(2) A request for exception from the 100 percent reimbursement

requirement will be submitted to GSA for referraf to the Director,

Office of Management and BudgeL and shall include an explanation of

how granting the exception would further essential agency program

objectives and at the same time be consistent with Executive Order

1 ~34& dated Febmary 25, 1982. The unavailability of funds dOI’te is

not sufficient to justify an exception. The above required data and

documentation shall be attached to GSA Form 1334 by the transferee

agency on submission of that form to GSA.

(3) If the Administrator with the approval of the Dkector, Office of

Management and Budget, approves the request for an exception, the

Administrator may then complete the transfer. A copy of the Office of

Managment and Budget approval will be sent to the Property Review

Board.

(4) The agency requesting the exception will resume responsibility

for protection and maintenance costs where the disposal of the property

is deferred for more than 30 days because of the consideration of the

request for an exception to the 100 percent reimbursement

requirement.

(g) Excess Property may be transferred to the Senate, the House of

Representatives, and the Architect of the Capitol and any activities

under his direction, pursuant to the provisions of section 602(e) of the

Act. The amount of reimbursement for such transfer shall be the same

~s would be required for a transfer of excess properry to an executive

agency under similar circumstances.

(h) The transferor agency shafl provide to the transferee agency all

information held by the transferor concerning hazardous substance

activity as outlined in Sec. 101-47.202-2.

[29 FR 16126, Dec. 3, 1964, as amended at 37 FR 5029, Mar. 9,

1972; 40 FR 12078, Mar. 17, 1975; 42 FR 40698, Aug. 11, 1977; 47

FR 56499, Dec. 17, 1982; 49 FR 29222, JuIy 19, 1984; ~R Amdt. 16,

56 FR 15048, Apr. 15, 1991]

Sec. 101-47 .203-8 Temporary utilization.

(a) Whenever GSA determines that the tempormy assignment or

reassignment to a Federal agency of any space in excess real property

for office, storage, or related facilities would be more advantageous

than the permanent transfer of the property to a Federal agency, it will

execute or authorize such assignment or reassignment for such period

of time as it shall determine. The agency to which the space is made

available shall make appropriate reimbursement for the expense of

maintaining such space in the absence of appropriation available to

GSA therefor.

(b) GSA may approve the temporary assignment or reassignment to

a Federal agency of excess real properry other than space for office,

storage, or related facilities whenever such action would be in the best

interest of the Government. In such cases, the agency to which the

property is made available maybe required to pay a rental or users

charge based upon the fair value of such property, as determined by

GSA. Where such property will be required by the agency for a period

of more than 1 year, it may be transferred on a conditional b~sis, with

an understanding that the properry will be reported excess at a time

agreed upon when the transfer is arranged (see Sec. 101-47.201-

2(d)(7)).

Sec. 101-47.203-9 Non-Federal interim use of property.

The holding agency may, with the approval of GSA, grant rights for

non- Federal interim use of excess property reported to GSA, or

portions thereof, when it is determined that such interim use is not

required for the needs of any Federal agency.

Sec. 10147.203-10 Withdrawals.

Subject to the approval of GSA. and to such conditions as GSA

considers appropriate, reports of excess real property may be

withdrawn in whole or in part by the reporting agency at any time prior

to transfer to another Federal agency or prior to the execution of a

legally binding agreement for disposal as surplus property. Requests

for withdrawals shafl be addressed to the GSA regional office where

the report of excess real properry was filed.

[35 FR 17256, Iiov. 6, 1970]

Sec. 101-47.204 Determination of surplus.

Sec. 101-47.204-1 Reported property.

Any real propcny and related personal property reported excess

under thk Subpart 101-47.2 which has been screened for needs of

Federal agencies or waived from such screening by GSA, and not been

designated by GSA for utilization by a Federal agency, shall be subject

to determination as surplus property by GSA.

(a) The holding agency, the Secretary of Health and Human

Services, the Secretary of E&cation, the Secretary of the Interior, the

Attorney Generrd, and the Secretary of Transportation wilI be notified

of the date upon which determination as surplus becomes effective.

Any Federal agency that has identified a property as being required for

replacement housing for displaced persons under section 218 of the

Uniform Relocation Assistance and Real Property Acquisition Policies

Act of 1970 will also be notified of the date upon which determination

as surplus becomes effective, The Secretary of the Department of

Energy will be notified when real property is determined surplus and

advised of any known interest in the property for its use or

development for energy facilities. Appropriate steps will be taken to

ensure that energy site needs arc considered along with other

competing needs in the disposal of surplus real property, since such

property may become available for use under sections 203(e)(3) (G)

and (H) of the Act,

(b) The notices to the Secretary of Health and Human Services, the

Secretary of Education, the Secretary of the Interior, and the Secretary

of Energy will be sent to the offices designated by them to serve the

area in which the property is located. The notices to the Attorney

General will be sent to the Office of Justice Programs, Department of

Justice. The notices to the Secretary of Transportation will be sent to

the Maritime Administration. The notices to the Federal agencies

having a requirement pursuant to section 218 of the Uniform

Relocation Assistance and Real Property Acquisition Policies Act of

1970 will be sent to the office making the request unless another office

is designated.

(c) With regard to surplus prope~ which GSA predetermines will

not be available for dkposai under the above-mentioned programs, or

whenever the holding agency has requested reimbursement of the net

proceeds of disposition pursuant to section 204(c) of the Act, the

notice to the affected department(s) will contain advice of such

determination or request for reimbursement. The affected

department(s) shall not screen for potential applicants for such

property,

December 1997 E-1 1
41 CFR Part 101-47: Federal Property Management Regulations

[29 FR 16126, Dec. 3,1964, as amended at 36 FR 8041, Apr. 29,

1971; 47 FR 37175, Aug. 25. 1982; 52 FR 9832, Mm. 27, 1987;

FMPR Amdt. H-192, 60 FR 35706, July 11, 1995]

Sec. 101-47.204-2 Property excepted from reporting.

Any property not reported to GSA due to Sec. 101-47.202-4, and not

designated by the holding agency for utilization by other agencies

pursuant to the provisions of this Subpart 101-47.2, shaIl be subject to

determination as surplus by the holding agency.

Subpart 101-47.3-Surplus Real Property Dkposal

Sec. 101-47.300 Scope of subpafi

This subpart prescribes the policies and methods governing the

disposal of surplus real property and related personal property within

the States of the Union, the District of Columbia, the Commonwealth

of Puerto Rico, American SSMOA Guam, the Trust Territory of the

Pacific Islands, and the Virgin Islands. This subpart does not apply to

the abandonment, destruction, or donation to public bodies, under

section 202(h) of the Act (covered by Subpart 101-47.5).

[47 FR 4522, Feb. 1, 1982]

Sec. 10147.301 General provisiorts of subpart.

Sec. 101-47 .301-1 Policy.

It is the policy of the Administrator of General Services:

(a) That surplus real props-ty shall be disposed of in the most

economical manner consistent with the best interests of the

Government.

(b) That surplus real property shaJl ordinarily be disposed of for cash

consistent with the best interests of the Government,

(c) That surphrs real property shall be disposed of by exchange for

privately owned property ordy for property management considerations

such as boundary realignttw.nt or provision of access or in those

situations in which the acquisition is authorized by law, the requesting

Federal agency has received approvaJ from the Office of Management

and Budget and clearance from its congressional oversight committees

to acquire by exchange, and the transaction offers substantial economic

or unique program advantages not otherwise obtahble by any other

method of acquisition.

[29 FR 16126, Dec. 3, 196+ as amended at 42 FR 47205, Sept. 20,

1977; 42 FR 56123. Oct. 21, 1977]

Sec. 101-47.301-2 Applicability of antitrust laws.

(a) in any case in which there is contemplated a disposal to any

private interest of real and related personal property which has an

estimated fair market value of $3,000,000 or more, or of patents.

processes, techniques, or inventions, irrespective of cos~ the disposal

agency shall transmit promptly to the Attorney General notice of any

such proposed disposal and the probable terms or conditions thereof, as

required by section 207 of the Act, for his advice as to whether the

proposed disposal would tend to create or maintain a situation

inconsistent with antitrust laws. and no such real property shall be

disposed of until such advice has been received, If such notice is given

by any executive agency orher than GSA, a copy of the notice shall be

transmitted simultaneously to the office of GSA for the region in which

the propny is located.

(b) Upon request of the Attorney General, GSA or any other

executive agency shall furnish or muse to be furnished such

information as it may possess which the Attorney General determines

to be appropriate or necessary to enable him to give the requested

advice or to determine whether any other disposition or proposed

disposition of surplus real property violates or would violate any of the

antitrust laws.

[29 FR 16126, Dec. 3, 1964, as amended at 54 FR 12198, Mar. 24,

1989]

Sec. 101-47301-3 Disposals under other laws.

Pursuant to section 602(c) of the act disposals of real property shall

not be made under other laws but shall be made only in strict

accordance with the provisions of this Subpmt 101-47.3 unless the

Administrator of General Services, upon wrirten application by the

disposal agency, shall determine in each case that the provisions of any

such other law, pursuant to which disposal is proposed to be made, are

not inconsistent with the authority conferred by thk Act. The

provisions of this section shall not apply to dk+esrds of real pro~rty

authorized to be made by section 602(d) of the actor by any special

statute which dkects or requires an executive agency named therein to

harrsfer or convey spccificafl y described real property in accordance

with the provisions of such statute.

Sec. 101-I7.3O1-4 Credit d~sals and leases.

Where credit is extended in connection with any disposal of surplus

property, the disposal agency shall offer credit pursuant to the

provisions of Sec. 101-47.304-4. The disposal agency shall administer

and manage the credit lease, or permit and any security therefor and

may enforce, adjust, or settle any right of the Government with respect

thereto in such manner and upon such terms as that agency considers

to be in the best interests of the Government.

[42 FR 47205, Sept. 20, 1977]

Sec. 10147.302 Designation of dKposaf agencies.

Sec. 101-47.302-1 General.

In accordance with applicable provisions of this Subpart 101-47.3,

surplus real property shafl be dkposed of or assigned to the appropriate

Federal department for disposaJ for public use purposes by the disposal

agency.

[36 FR 8042. Apr. 29, 1971]

See. 101-47.302-2 Holding agency.

(a) The holding agency is hereby designated as dispcmd agency for

(1) Leases, permits, licenses. easements, and similar rcrd estate

interests held by the Government in non-Govemment-owned property

(inchrding Government-owned improvements located on the premises),

except when it is determined by either the holding agency or GSA that

the Government’s interest will be best served by the dkposal of such

real estate interests together with other property owned or controlled by

the Government, that has been or is being reported to GSA as excess;

and

(2) Fixtures, structures, and improvements of arry kind to be

disposed of without the underlying land with the exception of

Government-owned machinery and equipment, which are fixtures

being used by a contractor-operator, where such machinery and

equipment will be sold to the contractor-operator.

(3) Standing timber and embedded gravel, sand, stone and

underground water to be disposed of without the underlying land.

(b) GSA may act as the dispsal agency for the type of propefiy

described in paragraphs (a)(1) and (2) of thk section, whenever

requested by the holding agency to perform the disposal functions.

Where GSA acts as the disposal agency for the disposal of leases and

similar real estate interests as described in paragraph (a)(1) of this

section, the holding agency nevertheless shall continue to be

responsible for the paymenr of the rental until the lease is terminated

and for the payment of any restoration or other direct costs incurred by

the Government as an incident to the termination. Likewise, where

GSA acts as disposal agency for the disposaJ of fixtures, structures, and

E-12 December 1997
improvements as described in paragraph (a)(2) of rhk section, the

holding agency nevertheless shall continue to be responsible for

payment of any demolition and removal costs not offset by the sale of

the property.

[29 FR 16126, Dec. 3, 1964, as amended at 31 FR 2658, Feb. 11,

1966; 31 FR 16780, Dec.31, 1966; 33 FR 8737, June 14, 1968; 48 FR

12526, Mar. 25, 1983; 50 FR 28403, July 12, 1985]

Sec 101-47 .302-3 General Services Adrtdnistration.

GSA is the dispal agency for all real property and related personal

property not covered by the above desiemtions or by dkposaf authority

delegated by the Administrator of General Services in specific

instances.

Sec. 101-47.303 ResporrsibUity of dKposal agency.

Sec. 101-47.303-1 Classification.

Each surplus PKUFKTSY, or. if the property is subdivided, each unit of

property shall be classified by the disposal agency to determine the

methods and conditions applicable to the disposal of the property.

Classification shall be according to the estimated highest and best use

for the property. The property may be reclassified from time to time by

the disposal agency or by GSA whenever such action is deemed

appropriate.

Sec. 101-47 .303-2 Disposals to public agencies.

The disposal agency shall comply with the provisions of Executive

Order 12372 and 41 CFR Subpart 101-6.21, which enables a State to

establish the single point of contact process or other appropriate

procedures to review and comment on the compatibility of a proposed

disposal with State, regional and local development plans and

programs When a single point of contact transmits a State review

process recommendation, the Federal agency receiving the

recommendation must either accept the recommendation; reach a

mutually agreeable solution with the party(s) preparing the

recommendation: or provide the single point of contact with a written

explanation for not accepting the recommendation or reaching a

mutually agreeable solution. If there is nonaccommodahon, the agency

is generally required to wait 10 caJendar days after receipt, by the

single point of conrac~ of an explanation before Wtng final action.

The single point of contact is presumed to have received written

notification 5 caJendar days after the date of mailing of such

notification. The 10-day waiting period may be waived if the agency

determines that because of unusurd circurrmurces this delay is not

feasible,

(a) Whenever property is determined to be surplus, the disposal

agency shall, on the brsis of the information given in Sec. 10 I -

47.4905, list the public agencies eligible under the provisions of the

statutes referred to above to procure the property or portions thereof,

except that such listing need not be made with respect to:

(1) Any such property when the determination of the property as

surplus is conditioned upon disposal limitations which would be

inconsistent with disposal under the statutes authorizing disposal to

eligible public agencies; or

(2) Any such property having an estimated fair market value of less

than $1,000 except where the disposal ageney has any reason to believe

that an eligible public agency maybe interested in the property.

(b) Beforv public advertising, negotiation. or other disposal action,

the disposal agency shafl give notice to eligible public agencies that the

property has been determined surplus. Surplus real property maybe

procured by public agencies under the statutes cited in Sec. 101-

47.4905. A notice to public agencies of surplus determination shall be

prepared following the sample shown in Sec. 101-47.4906. This notice

shall be transmitted by a letter prepared following the sample shown in

Sec. 101-47.4906-1. A copy of this notice shall also be sent

simultaneously to the State single point of contact, under a covering

letter prepared following the sample shown in Sec. 101-47.4906-2. The

point of contact shaJl be advised that no final disposal action will be

taken for 60 cafendar days from the date of notification to allow time

for the point of contact to provide any desired comments. The disposal

agency will wait the full 60 calendar days. even if the comments aR

received early, to allow time for the point of contact to send addkional

or revised comments.

(1) Notice for propemy located in a State shall be given to the

Governor of the State. to the county clerk or other appropriate officials

of the county in which the property is located, to the mayor or other

appropriate officials of the city or town in which the property is

located, to the head of any other local governmental body known to be

interested in and eligible to acquire the property, and to the point of

contact established by the State or under other appropriate procedures

established by the State.

(2) Notice for property located in the Dk_ict of Columbia shall be

given to the Mayor of the District of Columbia and to the point of

contact established by the District of Columbia or under other

appropriate procedures established by the District of Columtia.

(3) Notice for property located in the Virgin Islands shall be given to

the Governor of the Virgin Islands and to the point of contact

established by the Virgin Islands or under other appropriate procedures

established by the Virgin Islands.

(4) Notice for propcny located in the Commonwealth of Puerto Rico

shafl be given to the Governor of the Commonwealth of Puerto Rico

and to the point of conmct established by the Commonwealth of Puerto

Rico or under other appropriate procedures established by the

Commonwealth of Puerto Rico.

(c) The notice prepared pursuant to Sec. 101-47.303-2(b) shall also

be posted in the post offkc which serves the area in which the properry

is located and in other prominent places such as the State capitol

building, county building, courthouse, town hall, or city hall. The

notice to be posted in the post oftlce shall be mailed to the postmaster

with a request that it be posted. Arrangements for the posting of the

notice in other prominent places shall be as provided for in the

transmittal letters (see Sec. 101-47.4906- 1) to eligible public agencies.

(d) A copy of the notice described in paragraph (b) of this section

shall be furnished to the rsppropriate regional or field offices of (1 ) the

National Park Service (NPS) and the Ftsh and Wildlife Se~ice of the

Department of the Interior and (2) the Federal Aviation Administration,

the Federaf Highway Adrrinistration, and the Maritime Administration

of the Department of Transportation concerned with the disposal of

property to public agencies under the statutes named in the notice.

(e) In the case of properry which may be made available for

assignment to the Secretary of Health and Human Services (HHS), the

Secretary of Education (ED) or the Secretary of the Interior for disposal

under sections 203(k)(1) or (k)(2) of the Act:

(1) The disposal agency shall inform the appropriate offices of HHS,

ED or the NPS 3 workdays in advance of the date the notice will be

given to public agencies. to permit similar notice to be given

simultaneously by HHS, ED or NPS to additional interested public

bodies. HHS and ED shall furnish notice to eligible nonprofit

institutions.

(~) The @SpOSa] agency s.M1 furnish the Departments with a copy of

the postdated transmittal letter addressed to each public agency, copies

(not to exceed 25) of the postdated notice, and a copy of the holding

agency’s Report of EXCESS Real Property (Standard Form 118, with

accompanying schedules).

(3) As of tire date of the transmittal letter and notice to public

agencies, the Departments may proceed with their screening functions

for any potential applicants and thereafter may make their

determinations of need and receive applications.

(o If the disposal agency is not informed within the 29-calendar-day

period provided in the notice of the desire of a public agency to acquire

the property under the provisions of the statutes listed in Sec. 101-

December 199? E-13
41 CFR Part 101-47: Federal Property Management Regulations

47.49o5, or is not notified by ED or HHS of a potential educational or

public healdt requirement. or is not notified by the Department of the

Interior of a potentiaf park or recreation requirement, or is not notified

by the Department of Justice (DOJ) of a potential correctional facilities

use, or is not notified by the Department of Transportation (DOT) of a

potential port facility use: it shall be assumed that no public agency or

nonprofit institution desires to procure the properry. (The requirements

of this Sec. 101-47.303-2(f) shall not apply to the procedures for

making Federal surplus real propty available to assist the homeless in

accordance with Section 501 of the Stewart B. McKlnney Homeless

Assistance Act, as amended (42 U.S.C. 1141 1).)

(g) The disposal agency shall promptly review each response of a

public agency to the notice given pursuant to paragraph (b) of this

section. The disposal agency shafl determine what constitutes a

reasonable period of time to allow the public agency to develop and

submit a formal application for the property or its comments as to the

compatibility of the disposal with its development plans and programs.

When making such determination, the dkposal agency shall give

consideration to the potential suitability of the property for the use

proposed, the length of time the public agency has stated it will require

for its action, the protection and maintenance costs to the Government

during such length of time. and any other relevant facts and

circumstances. The disposaJ agency shrdl coordinate such review and

determination witJr the proper ot%ce of any interested Federal agencies

listed below:

(1) National Park Service. Depamment of the Interioc

(2) Department of Health and Human Services;

(3) Department of Education;

(4) Federal Aviation Administration. Department of Transportation;

(5) Fish and Wddlife Service, Department of the Interior;

(6) Federrd Highway Administration, Department of Transportation;

(7) Office of Justice Programs, Department of Justice; and

(8) Maritime Administration, Department of Transportation.

(h) When the disposal agency has made a determination as to what

constitutes a reasonable period of time to develop and submit a formal

application. the public agency shall be so notified. The public agency

shall be advised of the information required in connection with an

application to procure the property.

(i) Upon receipt of the formal application for the property, the

disposal agency shall consider and act upon it in accordance with the

provisions of the statute and applicable regulations. If comments are

received indicating that the disposal is incompatible with State,

regional, or local development plans and programs, the dkposal agency

shall attempt to resolve the differences consistent with its statutory

responsibilities in the disposal of surplus property.

[29 FR 16126, Dec. 3, 1964, as amended at 34 FR 11209, July 3,

1969; 35 FR 8486, June 2, 1970; 36 FR 9776, May 28, 1971; 40 FR

22256, May 22. 1975; 52 FR 9829, Mar. 27. 1987; FMPR Amdt. H192,60 FR 35707. July 11, 19951

Sec. 10147.3413-2a Notice for zoning purposes.

(a) Where the surplus land is located in an urban area as defined in

section 806 of the ACL that copy of the notice to public agencies

required under Sec. 101-47.303-2(b) which is sent to the head of the

local governmental unit having jurisdiction over zoning and land use

regulation in the area shall be accompanied by rs copy of section 803 of

the Act (see Sec. 101 -47.49C6a) and the transmittal letter in such

instances shaJl include an additional paragraph requesting information

concerning zoning as set forth in Sec, 10147 ,4906b.

(b) Information which is furnished by the unit of general local

government pursuant to the action taken in paragraph (a) of this

section shall be included in Invitations for Bid in advertised sales. In

negotiated saJes, this information shafl be presented to prospective

purchasers during the course of the negotiations and shafl be included

in the safes agreements. In either instance, this information shall be

followed by a written statement, substantially as follows:

The above information was obtained from -----------—- and is

furnished pursuant to section 803 of the Federal Property and

Adrnhristrahve Services Act of 1949, as amended. The Government

does not guarantee that the information is necessarily accurate or will

remain unchanged. Any inaccuracies or changes in the above

information shall not be cause for adjustment or rescission of any

corm-act resulting from tl-sk Invitation for Bid or Sales Agreement.

(c) If no response to a request for such zoning information is

received, the property may be offered for sale without furnishing such

information to prospective purchasers. If the unit of general local

government notifies the disposal agency of its desire to zone the

property, it shall k-e afforded a 30-calendar-day period (in addition to

the 20-calendar days afforded in the notice of surplus determination) to

issue such zoning regulations. If the zoning cannot be accomplished

within thk time frame, tJre sale may proceed but the prospective

purchasers shafl be advised of the pending zoning of the property.

[34 FR 11209, July 3, 1969]

Sec. 10147.303-3 Studies.

The disposal agency shall compile from the title documents and

related papers appropriate information, for use in dispmal actions,

~g~~lng ~] red prqeq smcl rekttecl persorral property available for

disposal.

Sec. 10147.303-4 Appraisaf.

(a) Except as otherwise provided in thk subpart 101-47.3, the

disposaJ agency shall in all cases obtain, as appropriate, an apprakd of

either the fair market vahse or the fair annual rental value of propsmy

available for disposal.

fb) No appraisal need be obtained.

(1) When the property is to be disposed of without monetary

consideration, or at a fixed price. or

(2) When the estimated fair rnmket value of properry to be offered

on a competitive sale basis does not exceed $50,000; Provided,

however, That the exception in paragraph(b)(1) of this section shrdl

not apply to disposals that rake any public benefit purpose into

consideration in fixing the sale vaJue of the property.

(3) The estimated fair market value of propcmy to be offered on a

competitive sale basis does not exceed $10,000.

(c) The disposal agency shall have the property appraised by

expaienced and qualified persons familiar with the types of property to

be appraised by them. Any pemon engaged to collector evaluate

information pursuant to this subsection shafl certify that he has no

interest, direct or indirect, in the property which would conflict in any

manner with the preparation and submission of an impartial appraisal

report.

[29 FR 16126, Dec. 3, 1964, as amended at 34 FR 16545, Oct. 16,

1969; 55FR41189, Oct. 10, 1990]

Sec. 101-47.304 Advertised and negotiated dwposafs.

Sec. 10147.304-1 Publicity.

(a) The disposal agency shall widely publicize all surplus real

property and related personal properly which becomes available for

disposal hereunder, giving information adequate to inform interested

persons of the general nature of the propmty and its possible uses, as

well as any reservations, restrictions. and conditions imposed upon its

disposal,

(b) A condensed statement of proposed sales of surplus real property

by advertising for competitive bids. except where the estimated fair

E-1 4 December 1997
DoD Base Reuse Implementation Manual

market value of the propemy is less than S.2,500, shall be prepared and

submitted, for inclusion in the U.S. Department of Commerce

publication “Commerce Business Daily,” to: U.S. Department of

Commerce (S-Synopsis), Room 1300,433 West Van Buren Street,

Chicago, Illinois 60604.

Sec. 101-47.304-2 Soliciting cooperation of local groups.

The disposal agency may consult with local groups and

organizations and solicit their cooperation in giving wide publicity to

the proposed disposal of the property.

Sec 101-47.304-3 Information to interested persons.

The disposal agency shall, upon request, supply to bona fide

potential purchasers and lessees adequate preliminary information,

and, with the cooperation of the holding agency where necessary, shall

render such assistance to such persons as may enable them, insofar as

feasible, to obtain adequate information regarding the property. The

disposal agency shall establish procedures so dmt all persons showing

due diligence are given full and complete opportunity to make an offer.

Sec. 101-47.304-4 Invitation for offers.

In all advertised and negotiated disposals, the disposal agency shall

prepare and furnish to all prospective purchasers or lessees written

invitations to make an offer, which shall contain or incorporate by

reference all the terms and conditions under which the prope~ is

offered for disposal, including all provisions required by statute to be

made a part of the offer. The invitation stud] further specify the form of

the disposal instrument, which specifications shall be in accordance

with the appropriate provisions of Sees. 101-47 .307-1 and 101-47.307-

7-.

(a) When the disposal agency has determined that the sale of specific

property on credit terms is necessary to avoid retarding the salability of

the property and the price obtainable. the invitation shall provide for

submission of offers on the foI1owing terms:

(1) Offers to purchase of less than $2,500 shall be for cash.

(2) When the purchase price is $2,500 or more but less than

$10,000, a cash downpayment of not less than 25 percent shall be

required with the balance due in 8 years or less.

(3) When the purchase price is.$ 10,000 or more, a cash

downpayment of not less than 20 percent shall be required with the

balance due in 10 years or less.

(4) The purchaser shall furnish a promissory note secured by the

purchase money mortgage or deed of trust on the prope~, whichever

the Government determines to be appropriate.

(5) Payment will be in equal quarter-annual installments of the

principal together with interest on the unpaid balance.

(6) Interest on the unpaid balance will be at the GeneraI Services

Administration’s established interest rate.

(b) Where the disposal agency has determined that an offering of the

property on credit terms that do not meet the standards set forth in Sec.

101 -47.304-4(a) is essential to permit disposal of the property in the

best interests of the Government, the invitation may provide for

submission of offers on such rdtemate terms of payment as may be

recommended by the disposal agency and approved by the

Administrator of General Services on the basis of a derailed written

statement justifying the need to deviate from the standard terms. The

justification shall be based on the needs of the Federal Government as

distinguished from the interests of the purchaser. The sale in those

cases where the downpayment is less than 20 pmcent shall, unless

otherwise authorized by the Administrator of General Services, be

under a land contract which shall provide, in effect, for conveyance of

title to the purchaser by quitciaim deed or other form of conveyance in

accordance with the appropriate provisions of Sees. 101-47 .307-1 and

101-47 .307-2 upon payment of one-third of the total purchase price

and accmed interest. or eafiier if the Government so elects. and

execution and delivery of purchaser’s note and purchase money

mortgage (or bond and deed of trust) satisfactory to the Government, to

secure payment of the unpaid bidaoce of the purchase price.

(c) The disposal agency may increase the cash downpayment

requirement or shorten the period of amortization whenever

circumstances wamtnr and in the case of srdes of farms, may provide

for payment of the unpaid balance on equal semiannual or annual

installment basis.

(d) Where a srde is to be made on credi~ the invitation shall provide

that the purchaser agrees by appropriate provisions to be incorporated

in the d@osal instmrrrents that he will not lease (unless the property

was offered without basing restrictions by the Government) or sell the

property, or any part thereof or interest therein, without prior written

authorization of the Government.

(1) in appropriate cases, except as provided in Sec. 101-47.304-

4(d)(2), the invitation shall state that the disposrd instrument may

include provisions specifically authorizing leasing andlor resale and

release of portions of the property as desired by the purchaser, provided

that such provisions shall, in the judgment of the Government, be

adequate to protect its security for the credit extended to the purchaser.

(2) In the case of timber or mineral Iands, or lands containing other

saleable products, the invitation shall state tiat the disposal instmment

may specifically provide for granting future partial releases to permit

the resale of timber, rninerafs, and other saleable products, or authorize

the leasing of mineral rights, rrpar payment to the Government of such

amounts as maybe required by the Government but not less than the

proceeds of any sale or lease less such amounts m may be determined

by the Government to represent the cost of the sale or lease.

(3) All payments for such authorizations ardor releases shall, at the

option of the Government, be applied against the unpaid balance of the

indebtedness in inverse order of its maturity, or upon any delinquent

installments of principal and interest, or used for payments of any

delinquent taxes or insurance premiums.

(e) Where propc@ is offered for disposrd under a land contractor

lease, the terms and conditions contained in the invitation shall provide

that the purchaser or iessee will be required to pay to the proper taxing

authorities or to the dispcd agency, as maybe dkctcd, all taxes,

payments in lieu of taxes (in the event of the existence or subsequent

enactment of legislation authorizing such payments), assessmen~s or

similar charges which may be assessed or imposed on the property, or

upa the occupier drereof, or upon the use or operation of the properry

and to assume all costs of operating obligations.

(0 Whenever property is offered for sale on credit terms or for lease,

the terms and conditions contained in the invitation shall provide that

the purchaser or lessee shall procure and maintain at his expense

during the term credit is extended, or the period of the lease, such

insurance in such amounts as may be required by the Govemmenc

required insurance shall be in companies acceptable to the Government

and shafl include such term and provisions as may be required to

provide coverage satisfactory to the Government.

[z9 FR 16126, Dec. 3, ]964, as amended at 33 FR 12003, Aug. 23,

1968; 42 FR 47205, Sept. 20, 1977]

SeC 101-47.304-5 Inspection.

All persons interested in the acquisition of surplus property available

for disposal under this Subpmt 101-47.3 shall, with the cooperation of

the holding agency, where necessaq, ad with due rc~d to is

program activities, be permitted to make a complete inspection of such

property, including any available inventory records, plans,

specifications, and engineering reports made in connection therewith,

subject to any necessary restrictions in the interest of natiorml security

and subject to such rules a.. may be prescribed by the disposal agency.

(See Sec. 101-47 .3W-13 and Sec. 101-47 .403.)

[53 FR 29894, Aug. 9, 1988]

December 1997 E-1 5
41 CFR Part 101-47: Federal Property Management Regulations

Sec. 10147 .304-6 Submission of offers.

All offers to purchase or lease shaJl be in writing, accompanied by

any required earnest money deposit. using the form prescribed by the

disposaJ agency and, in addition to the financial terms upon which the

offer is predicated, shaJ1 set forth the wilIingrtess of the offeror to abide

by the terms, conditions, reservations. ~d msrrictio~ upon which the

property is offered, and shall contain such other information as the

disposal agency may ~UC3L

Sec. 101-47 .304-7 Advertised disposals.

(a) All disposals or conrracts for disposal of surplus properry, except

as provided in Sees. 101-47 .304-9 and 101-47.304-10, shall be made

after publicly advertising for bids.

(1) The advertising for bids shall be made at such rime previous to

the disposal or contract, through such methods and on such terms and

conditions as shall permit that fuIl and free competition which is

consistent with the value and nature of the propefiy involved. The

advertisement shall designate the place to which the bids are to be

delivered or mailed, and shall state the place, date, and time of public

opening.

(2) AH bids shall be publicly disclosed at the time and place stated in

the advernsement.

(3) Award shall be made with reasonable prompmess by notice to

the responsible bidder whose bid, conforming to the invitation for bids,

will be most advantageous to the Government, price and other factors

considered: Provided, That all bids may be rejected when it is in the

public interest to do so.

(b) Disposal and contracts for disposal of surplus property maybe

made through contract auctioneers when authorized by GSA. The

auctioneer retained under contract shall be required to publicly

advertise for bids in accordance with the applicable provisions of this

Sec. 10147.304-7.

Sec. 101-47.304-8 [Resetmd]

Sec. 101-47 .304-9 Negotiated disposals.

(a) Disposal agencies shall obtain such competition as is feasible

under the circumstances in all negotiations of disposals and contracts

for disposal of surplus pro~rty. They may dispose of surplus propctty

by negotiation only in the following situations:

(1) When the estimated fair market value of the property involved

does not exceed $15,000:

(2) When bid prices after advertising therefor arc not rea..onable

(either ~s to all or some pan of the property) or have not been

independcntl y arrived at in open competition;

(3) When the character or conditions of the propeny or unusual

circumstances make it impractical to advertise publicly for competitive

bids and the fair market value of dre property and other satisfactory

terms of disposal can be obtained by negotiation;

(4) When the disposals will be to States, CommonweaJtb of Puerto

Rico, possessions, political subdivisions thereof, or tax-supported

agencies therein. and the estimated fair market vahse of the property

and other satisfactory terms of disposal are obtained by negotiation; or

(5) When negotiation is othenvise authorized by the Actor other

law, such as:

(i) DiSPOS~S of power transmission lines for public or cooperative

power projects (see Sec. 101-47.308- 1).

(ii) Disposals for public airport utilization (see Sec. 101-47.308-2).

(b) Appraisal data required pursuant to the provisions of Sec. 101-

47.303-4. when needed for the purpose of conducting negotiations

under Sec. 101- 47.304-9(a) (3), (4). or (5)(i) shall be obtained under

contractrsaJ arrangements with experienced and qualified real estate

aPP~sers fmilim with the types of property to be appraised by them:

Provided, however, That in any case wberc the cost of obtaining such

data from a contract appraiser would be out of proprmion to the

expected recoverable value of the property, or if for any other reason

employing a contract appraiser would not be in the best interest of the

Government, the head of the disposal agency or his designee should

authorize any orher method of obtaining an estimate of the fair market

value of the property or the fair annual rentrd he may deem to be

proper.

(c) Negotiated ssdes to public bodies under 40 U.S.C. 484(e)(3)(H)

will be considered only when the disposal agency has made a

determination that a public benefit will result from the negotiated sale

which would not be realized from a competitive sate dkposal. The

offer to purchase and the conveyance document concerning such

negotiated sales shall contain an excess profits covenant. A standard

Excess Profits Covenant for Negotiated Srdes to Public Bodies is

illustrated in Sec. 10147.4908. The standard covenant is provided as a

guide, and appropriate modifications may be made provided that its

basic purpose is retained. The disposal agency shall monitor the

property involved and inspect records related thereto as necessary to

ensure compliance with the terms and conditions of the sale and may

cake any actions which it deems reasonable and prudent to recover any

excess profits realized through the resale of the property.

(d) The annual repofi of the Administrator under section 212 of the

Act shall contain or be accompanied by a listing and description of any

negotiated disposaJs of surplus real property having art estimated fair

market value of over $15,000. other than disposals for which an

explanatory statement h= been rrarrsmittcd under Sec. 10147.304-12.

[29 FR 16126, Dec. 3, 1964. as amended at 40 FR 22256, May 22,

1975; 51 FR 23760, Jtsly 1, 1986; 54 FR 12198, Mar. 24, 1989]

Sec. 101-47.304-10 D@osaLs by brokem.

Disposals and contracts for disposal of surplus property through

contract realty brokers, where authorized by GSA, shall be made in the

marmer followed in similar commercial transactions. Realty brokers

retained under contracts shall be required to give wide public notice of

availability of the propetty for disposal.

Sec. 101-47.304-11 Documenting determinations to negotiate.

The disposal agency shall document the factors leading to and the

determination justifying disposal by negotiation of any surplus

property under Sees. 101 -47.3 (!4-9 and 101-47.304-10, and shall retain

such documentation in the files of the agency.

Se~ 101-47.304-12 Explanatory statements.

(a) Subject to rAe exception smted in Sec. 101-47.304-12(b), the

disposal agency shall prepare an explanato~ statement, a.. required by

section 203(e)(6) of the ACL of the circumstances of each of the

following proposed disposals by negotiation:

(1) Any real property that has an estimated fair market value in

excess of $100,000, except that any resd prope~ disposed of by lease

or exchange shall only be subject to paragraphs (a) (2) through (4) of

this section;

(2) Any real property disposed of by lease for a term of 5 years or

less; if the estimated fair annual rent is in excess of $100,000 for any

of such years;

(3) Any real property disposed of by lease for a term of more than 5

years., if the total estimated rent over the term of the lease is in excess

of $100.000; or

(4) Any real propsfiy or real and related personal propsrty disposed

of by exchange, regardless of value, or any property any part of the

consideration for which is real property.

(b) No explanatory statement need be prepared for a disposal of

pro~rty authorized to be disposed of without advertising by any

provision of law otier than section 203(e) of the Act.

(c) An outline for the preparation of tie explanatory statement is

shown in Sec. 101-47.4911. A copy of the statement shall be preserved

in the files of the disposal agency.

E-1 6 December 1997
DoD Base Reuse Implementation Manual

(d) Each explanatory statement when prepared shall be submitted to

the Administrator of General Services for review and transmittal by the

Administrator of General Services by letters to the Committees on

Government Operations and any other appropriate committees of the

Senate and House of Representatives. The submission to the

Administrator of General Sewices shall include such supporting data

as may be relevant and necessary for evaluating the proposed action.

(e) Copies of rAe Administrator of General Services’ transmittal

letters to the committees of the Congress, Sec. 101-47.304-12(d), will

be furnished to the disposal agency.

(f) In the abserrrx of adverse comment by an appropriate committee

or subcommittee of the Congress on the proposed negotiated disposal,

the dispaal agency may consummate the sale on or after 35 days from

the &te of the Administrator of General Services letters transmitting

the explanatory statement to the committees.

[29 FR 16126, Dec. 3, 1964, as amended at 41 FR 22354, June 3,

1976; 54 FR 12198. Mar. 24, 1989]

Sec. 101-47.304-13 Provklons relating to asbestos.

Where the existence of asbestos on the property has been brought to

the attention of the disposaJ agency by the Standard Form 118

information provided in accordance with Sec. 101-47.202-2)(b)(9). the

disposal agency shafl incorporate such information (less arty cost or

time estimates to remove the asbestos-containing materials) in any

Invitation for Bids/Offers to Purch~se smd include the following:

Notice of the Presence of Asbestos--Warning!

(a) The Purchaser is warned that the property offered for sale

contains asbestos-containing materials. Unprotected or unregulated

exposures to asbestos in product martufacttrrirrg, shipyard, and building

construction workplaces have been associated with asbestos-related

diseases. Both the Occupational Safety and Health Administration

(OSHA) and the Environmental Protection Agency (EPA) regulate

asbestos because of the potential hazards associated with exposure to

airborne asbestos fibers. Both OSHA and EPA have determined that

such exposure increases the risk of asbestos-related diseases, which

include certain cancers and which can result in disability or death.

(b) Bidders (Offerors) are invited, urged and cautioned to inspect the

propeny to be sold prior to submitting a bid (offer). More particularly.

bidders (offerors) arc invited, urged and cautioned to inspect the

property as to its asbestos content and condition and any hazardous or

environmental conditions relating thereto. The disposal agency will

assist bidders (offerors) in obtaining any authorization(s) which maybe

required in order to carry out any such inspection(s). Bidders

(Offerors) shall be deemed to have relied solely on their own judgment

in assessing the overall condition of all or any portion of the properry

includ]ng, without limitation, any asbestos hazards or concerns.

(c) No warranties either express or implied arc given with regard to

the condition of the propeny including, without limitation, whether the

property does or does not contain asbestos or is or is not safe for a

parricuku purpose. The failure of any bidder (offeror) to inspec~ or to

be fully informed as to the condition of all or any portion of the

property offered, will not constitute grounds for any claim or demand

for adjustment or withdrawal of a bid or offer after its opening or

tender.

(d) The description of the propefly set forth in the Invitation for Bids

(Offer to Purchase) and any other information provided therein with

respect to said properry is based on the best information available to

the disposal agency and is believed to be correct, but an error or

omission, including but not limited to the omission of any information

available to the agency having custody over the properry rmdlor any

other Federal agency, shall not constitute grounds or reason for

nonperformance of the contract of sale, or any claim by the Purchaser

against the Government including, without limitation, any claim for

allowance, refund, or deduction from the purchase price.

(e) The Government resumes no liability for damages for personal

injury, illness, disability or death, to the Purchaser, or to the

Purchaser’s successors, assigns, employees, invitees, or any other

person subject to Purchaser’s control or direction, or to any other

person, including members of the general public, arising from or

incident to the purchase, transpomtion, removal, handling, use,

disposition, or other activity causing or leading to contact of any kind

whatsoever with asbestos on the property wh]ch is the subject of this

sale, whether the Purchaser, its successors or assigns has or have

properly warned or failed properly to warn the individual(s) injured.

(f) The Purchaser further agrees that in its use and occupancy of the

prope~ it will comply with all Federal, state. and local laws relating to

asbestos.

[53 FR 29894, h:. 9. 1988]

Sec. 101-47.304-14 Provisions relating to hazmdous substance

activity.

(a) Where the existence of hazardous substance activity has been

brought to the attention of the disposrd agency by the Standard Form

118 information provided in accordance with Sec. 101-47 .202-

2(b)( 10), the disposal agency shall incorporate such information into

arty Invitation for Bids/Offers to Purchase and include the following

statements:

“Notice regarding hazardous substance activity:

The information contained in this notice is required under the

authority of regulations promulgated under section 120(h) of the

Comprehensive Environmerrtaf Response, Compwisation and Liability

Act (CERCLA or “Superfund”), 42 U. SC. section %20(h). The

(holding agency) advises that (provide information on the type and

quantity of hazardous substances; the time at which storage, release, or

disposal took place; and a description of the remedial action taken).

Al] mmerfi~ action necessary to protect human h~rh ~d the

environment with respect to the hazardous substance activity during

the time the property was owned by the United States has been taken.

Any additional remedlfl action found to be necessary shall be

conducted by the United States. ”

(b) in the case where the purchaser is a potentially responsible party

(PRP) with respect to the hazardous substance activity, the above

statements must be modified as appropriate to properly represent the

liability of the PRP for any remedial action.

[FIT/ Amdt. 16,56 FR 15048, Apr. 15, 1991]

Sec. 101-47.305 Acceptance of offers.

Sec. 101-47.305-1 General.

(a) When the head of the disposal agency or his designee determines

that bid prices (either as to all or some part of the property) received

after advertising therefor or received in response to the action

authorized in paragraph (b) of this Sec. 101-47.305-1, are reasonable,

i ,e., commensurate with the fair market value of the property, and were

independently arrived at in open competition, award shafl be made

with reasonable promptness by notice to the bidder whose bid,

conforming to the invitation for bids, will be most advantageous to the

Government, price and other factors considered. Any or all offers may

be rejected when the head of the disposal agency or his designee

determines it is in the public interest to do so.

(b) Where the advertising does not result in the receipt of a bid at a

price commensurate with the fair market value of the property, the

highest bidder may. at the discretion of the head of the disposal agency

or his designee and upon determination of responsiveness and bidder

December 1997 E-17
41 CFR Part 101-47: Federal Property Management Regulations

responsibility, be afforded an opportunity to increase h]s offered price.

The bidder shall be given a reasonable period of rime, not to exceed

fifteen working days, to respond. At the time the bidder is afforded an

opportunity to increase his bid, all other bids shall be rejected ~d bid

deposits returned. Any sale at a price so increased maybe concluded

without regard to the provisions of Sec. 101-47 .304-9 and Sec. 101-

47.304-12.

(c) The disposal agency shall allow a reasonable period of time

within which the successful bidder shrdl consummate the transaction

and shall notify the successful bidder of the period allowed.

(d) It is within the discretion of the head of the disposal agency or

his designee to determine whether the procedure authorized by

paragraph (b) of this Sec. 101-47 .305-1 is followed or whether the bids

shall be rejected and the property reoffercd for sale on a publicly

advertised competitive bid basis in accordance with the provisions of

Sec. 101-47.304-7, or disposed of by negotiation pursuant to Sec. 101-

47.306-1, or offered for disposal under other applicable provisions of

this Subpart 101-47.3.

[zg FR 161’26, Dec, 3.1964, as amended at 50 FR 25223. June 18,

1985]

Sec. 101-47.305-2 Equal offers.

“Equal offers” means two or more offers that are equaf in atl

respects. taking into consideration the best interests of the Government.

If equal acceptable offers arc received for the same property, award

shall be made by a drawing by lot limited to the equal acceptable offers

received.

Sec. 101-47-305-3 Notice to unsuccessful bidders.

When an offer for surplus real prope~y has been accepted, the

disposal agency shall notify all other bidders of such acceptance and

return their earnest money deposits, if any.

Sec. 101-47.306 Absence of acceptable offers.

Sec. 101-47 .306-1 Negotiations.

(a) When the head of the disposal agency or his designee determines

that bid prices after advertising therefor (includhtg the action

authorized by the provisions of Sec. 101-47.305-1(b)) are not

reasonable either as to all or some part of the properly or were not

independently arrived at in open competition and that a negotiated srde

rather than a disposal by rcadvertising or under other applicable

provisions of this subpart would better protect the public interest, the

property or such part thereof maybe disposed of by negotiated sale

after rejection of all bids received: Provided, That no negotiated

disposal may be made under this Sec. 101-47 .306-1 unless:

(1) Notification of the intention to negotiate and reasonable

opportunity to negotiate shall have been given by the agency head or

his designee to each responsible bidder who submitted a bid pursuant

to the advertising;

(2) The negotiated price is higher than the highest rejected bid price

offered by any responsible bidder, as determined by the head of rAe

agency or his designee; and

(3) The negotiated price is the highest negotiated price offered by

any responsible prospective purchaser.

(b) Any such negotiated disposal shall be subject to the applicable

provisions of Sees. 101-47 .304-9 and 10147.304-12.

Sec. 101-47 .306-2 Defense Industrial Reserve properties.

In the event that any disposal agency is unable to dispose of any

surplus industrial plant bemuse of the application of the conditions and

restrictions of the National Security Clause imposed under the Defense

Industrial Reserve Act (50 U.S.C. 453), after making every practicable

effort to do so, it shall notify the Secretary of Defense, indicating such

modifications in the National Security Clause, if any, which in its

judgment will make possible the disposal of the plant. Upon agreement

by the Secretary of Defense to any or all of such modifications, she

plant shall be reoffered for disposal subject to such modifications as

may have been so agreed upon: or if such modifications are not agreed

to, and upon request of the Secretary of Defense, the pkurt shall be

mirrsferrcd to the custody of GSA.

[40 FR 12078, Mar. 17, 1975]

Sec. 101-47.307 Conveyances.

S= 101-47.307-1 Form of deed or instrument of conveyance.

Disposals of real propsrty shall be by quitciaim deed or deed without

warranty in conformity widr local law and practice. unless the dkposal

agency finds that another form of conveyance is necessary to obtain a

reasonable price for the propeny or to render the title marketable, and

unless the use of such other form of conveyance is approved by GSA.

Sec. 101-47.307-2 Conditions in disposal instruments.

(a) Where a sale is made upon crcdk the purchaser shall agree by

appropriate provisions to be inmrporatcd in the disposal instruments,

rftat he will not reselI or lease (unless due to its character or type the

property was offered without leasing restrictions by the disposal

agency) the property, or any pan thereof or interest therein, without the

prior written authorization of the disposal agency and such disposal

instruments in appropriate cases may specifically provide for such

authorization and/or future pardal releases to be granted on terms

which will adequately protect the Government’s security for the credit

extended to the purchaser.

(b) Except for exchange transactions initiated by tie Federal

Government for its own bCnefiL any disposition of land, or kind and

improvements located thereon. to public bodies by negotiation

pursuant to Sec. 101 -47.3fM- 9(4) shall include in the deed or other

disposaJ instrument a covenant substantially as follows:

The Grantee covenants for itself. its heirs, successors. and assigns

and every successor in interest to the property hereby conveyed, or any

part thereof, that the said Grantee and such heirs, successors, and

assigns shafl not discriminate upon the basis of race, color, religion, or

national origin in the use, occupancy, sale. or lease of the property. or

in their employment practices conducted thereon. Thk covenant shall

not apply, however, to the lease or rental of a room or rooms within a

family dwelling unit; nor shall it apply with respect to religion to

premises used primarily for religious purposes. The United States of

America shall be deemed a beneficiary of this covenarrt without regard

to whether it remains the owner of any land or interest therein in the

locality of the property hereby conveyed and shall have the sole right to

enforce this covenant in any court of competent jurisdiction.

(c) Any deed, lease, or other instrument executed to dispose of

property under this subpart. subject to reservations, restrictions, or

conditions as to the future use, maintenance, or transfer of the property

shall recite afl covenants, representations, and agreements pertaining

thereto.

(d) Where the existence of hazardous substance activity has been

brought to the attention of the disposal agency by the Standwd Form

118 information provided in accordance with Sec. 101-47 .202-

2(b)( 10), the disposal agency shall incorporate such information into

any deed, lease, or orher instnsment executed pursuant to part 101-47.

See the language contained in Sec. 101-47.304-14. In the case where

the purchaser is a potentially responsible party (PRP) with respect to

the hazardous substance activity, the language must be modified as

appropriate to properly represent the liability of the PRP for any

remedial action.

E-1 8 December 1997
DoD Base Reuse implementation Manual

[29 FR 16126, Dec. 3, 1964, as amended at 33 FR 4408, Mar. 12,

1968; FR Amdt, 16.56 FR 15049, Apr. 15, 1991]

Sec. 101-47.307-3 Distribution of conformed copies of conveyance

irwtmrnents.

(a) Two conformed copies of any deed, lease, or other instrument

containing reservations, restrictions, or conditions regulating the future

use, maintenance, or transfer of the property shall be provided the

agency chwged with enforcement of such reservations, restrictions, or

conditions.

(b) A conformed copy of the deed, lease, or other conveyance

instrument shall be provided to the holding agency by the dk.posal

agency.

See. 101-47.307-4 Disposition of title papers.

The holding agency shall, upon request deliver to the disposaf

agency all title papers in its possession redating to the property reported

excess. The dkpmal agency may transfer to the purchaser of the

property, as a pm of the disposal transaction, the pertinent records

authorized by Sec. 101-11.404-2, to be so transferred. If the purchaser

of the property wishes to obtain additional records, copies thereof may

be furnished to the purchaser at an appropriate charge, as determined

by the agency having custody of the records.

[33 FR 572, Jan. 17, 1968]

See, 101-47.307-5 Title transfers from Government corporations.

In order to facilitate the administration and disposition of real

property when record tide to such property is not in the name of the

United States of Americr+ the holding agency, upon request of the

Administrator of General Services, shall deliver to the disposal agency

a quitclaim deed. or other instrument of conveyance without warranty,

expressed or impiied, transfening afl of the t-ighL title, and interest of

the holding agency in such properry to the United States of America.

Sec. 101-47.307-6 Proceeds from d~posals.

AI I proceeds (except so much thereof as may be otherwise obligated,

credited, or paid under authority of those provisions of law set forth in

section 204(b)-(e) of the Act (40 U.S .C. 485(b)-(e)), or the Independent

Offices Appropriation Act. 1963 (76 Stat. 725) or in any later

appropriation a@ hemtiter received from any sale, lease, or other

disposition of surplus real property and related personal property shall

be covered into the land and water conservation fund in the Treawu-y of

the United States.

[30 FR 754, Jan. 23, 1965]

Sec. 101-47.30S Special d~posal provisions.

Sec. 101-47.308-1 Power transmission lines.

(a) Pursuant and subject to the provisions of section 13(d) of the

Surplus Property Act of 1944 (50 U.S.C. App. 1622(d)), which is

continued in effect by section 602(a) of the Federal Prope~ and

Administrative Services Act of 1949. any State or political subdivision

thereof, or any State or Government agency or instrumentality may

certify to the disposal agency that a surplus power transmission line

and the right-of-way squired for its construction is needful for or

adaptable to tie requirements of a public or cooperative power project.

Disposal agencies shall notify such State entities and Government

agencies of the availability of such property in accordance with Sec.

101-47.303-2.

(b) Notwithstanding any other provisions of this subpart, whenever a

State or poIitical subdivision thereof, or a State or Government agency

or instrumentality certifies that such property is needful for or

adaptable to the requirements of a public or cooperative power project,

the property may be sold for such utilization at the fair market value

thereof.

(c) In the event a sale cannot be accomplished by reason of the price

to be charged or otherwise and the certification is not withdrawn, the

disposal agency shall report the facts involved to the Administrator of

General Setwices, for a determination by hlm as to the further action to

be taken to dispose of the property.

(d) Any power transmission line smd right-of-way not disposed of

pursuant to the provisions of this section shall be disposed of in

accordance with orher applicable provisions of thk subpart, including,

if appropriate, reclassification by the disposal agency.

Sec. 101-47.308-2 Property for public airports.

(a) Pursuant and subject to the provisions of section 13(g) of the

Surplus Property Act of 1944 (49 U.S.C. 471 51), airport property may

be conveyed or disposed of to a State, political subdivision,

municipality, or tas-supporred institution for a public airport. Airport

property is any surplus real propsrty including improvements and

personal property Ioated thereon a.. a pare of the operating unit

(exclusive of prepay the highest and best use of which is determined

by the Administrator of General Services to be industrial and which

shall be so classified for disposal without regard to the provisions of

this section) which, in the determination of the Administrator of the

Federal Aviation Administration (FAA) is essential, suitable, or

desirable for the development, improvement, operation, or maintenance

of a public airpmt, at defined in the Federal Airport ACL as amended

(49 U.S.C. 1101), or reasonably necessmy to fulfill the immediate and

foreseeable future requirements of the grantee for the development,

improvement, operation. or maintenance of a public airport, including

property needed to develop sources of revenue from nonaviation

businesses at a public airport.

(b) The disposal agency shall notify eligible public agencies, in

accordance with the provisions of Sec. 101-47.303-2, that prope~

which may be disposed of for use as a public airport under the Act of

1944, as amended, has been determined to be surplus. There shall be

transmitted with the copy of each such notice when sent to the proper

regional office of the Federal Aviation Administration, Sec. 101-

47.303-2(d), a copy of the holding agency’s Report of Excess Real

Property (Standard Form 118, with accompanying schedules).

(c) As promptJy as possible after receipt of the copy of the notice

given to eligible public agencies and the copy of Standard Form 118,

the Federal Aviation Administration shall inform the disposal agency

of the determination of the Administrator of the Federal Aviation

Administration required by the provisions of the Act of 1944, as

amended, The Federal Aviation Administration. thereafter, shall render

such assistance to any eligible public agency known to have a need for

the property for a public airport as maybe necessary for such need to

be considered in the development of a comprehensive and coordinated

plan of use and procurement for the propmy. An application form and

instmctions for the preparation of an application shall be furnished to

the eligible public agency by the disposal agency upon request,

(d) Whenever an eligible public agency has submitted a plan of use

and application to acquire property for a public airport, in accordance

with the provisions of Sec. 101-47.303-2, the dtsposal agency shall

transmit two copies of the plan and two copies of the application to the

proper regional office of the Federal Aviation Adminismation. The

Federal Aviation Administration shall promptly submit to the disposal

agency a recommendation for disposal of the property for a public

tirport or shall inform the disposal agency that no such

recommendation will be submitted.

(e) Upon receipt of such recommen&tion. the disposal agency may,

with the approval of the head of the disposal agency or his designee,

convey property recommended by the Federal Aviation Administration

for dtspsal for a public airport to the eligible public agency, subject to

the provisions of the Surplus Property Act of 1944, as amended.

Approval for aviation areas shall be based on established FAA

December 1997 E-1 9
41 CFR Part 101-47: Federal Propetty Management Regulations

guidelines, criteria, and requirements for such arms. Approval for

normviation revenue-producing areas shall be given only for such areas

as are anticipated to generate net proceeds which do not exceed

expected deficits for operation of the aviation area applied for at the

~Pfl.

(f) Any airport property not recommended by the Federal Aviation

Administration for disposal pursuant to the provisions of this

subsection for use as a public airport shall be d@osed of in

accordance with other applicable provisions of this subpart. However,

the holding agency shall first be notified of the inability of the d@osal

agency to dispose of the property for use as a public airport and shd

be allowed 30 days to withdraw the property from surplus or to waive

any future interest in the pruperty for public airport use.

(g) The Administrator of the Federal Aviation Administration has

the sole responsibility for enforcing compliance with the terms and

conditions of disposaJ, and for the reformation, correction, or

amendment of any disposal instrument and the granting of releases and

for taking any necessary action for recapturing such properry in

accordance with the provisions of the Act of October 1, 1949, 63 Stat.

700, and section 1402(c) of the Federal Aviation Act of 1958,72 Stat.

807 (50 U. SC. App. 1622s-1622c).

(h) In the event title to arty such property is revested in the United

States by reason of noncompliance with the terms and conditions of

disposal, or other cause, the Administrator of the Federal Aviation

Administration shall have accountability for the pro~rty and shafl

report the property to GSA as excess properry in accordance with the

provisions of Sec. 101-47.202.

(i) Section 23 of the Airport and Airway Development Act of 1970

(Airport Act of 1970) is not applicable to the transfer of airports to

State and local agencies. The transfer of airpotis to State and local

agencies may be made only under section 13(g) of the Surplus Properry

Act of 1944 which is continued in effect by the Act. Only property

which tJte holding agency determines cannot be reported excess to

GSA for disposition under the Act, but which, nevertheless, may be

made available for use by a State or local public body for public airpon

purposes without being inconsistent with the Federal program of the

holding agency, may be conveyed under section 23 of the Airport Act

of 1970. In the latter instance. section 23 may be used for the mansfer

of nonexcess herd for airport development purposes providrng that

such red properry does not constitute an entire airport. An entire,

existing and established airport can only be dkposed of to a State or

eligible local government under section 13(g) of the Surplus Property

Act of 1944.

[29 FR 16126. Dec. 3, 1964. as amended at 42 FR 46305, Sept. 15,

1977; 48 FR 1301, Jan. 12. 1983; FMPR Amdt. H-192, 60 FR 35707,

July 11. 1995]

Sec. 101-47 .308-3 Property for use as hktoric monuments.

(a) Under section 203[k)(3) of the act, the disposaJ agency may, in

its discretion, convey, without monetary consideration, to any State,

political subdivision, instrumentalities thereof, or municipality. surplus

real and related persortaJ properry for use as a historic monument for

the benefit of the public provided the Secretary of the Interior has

determined that the property is suitable and desirable for such use. No

property shall be determined to be suitable or desirable for use as a

historic monument except in conformity with the recommendation of

the Advisory Board on National Parks. Historic Sites, Buildings. and

Monuments. In addition, the disposal agency may authorize the use of

propmy conveyed under subsection 203(k)(3) of the actor the Surplus

Propeny Act of 1944. as amended, for revenue- producing activities if

the Secre~ of the Interior

(1) Determines that such activities, as described in the applicant’s

pmpOSed proprn of utilization, are compatible with the use of the

property for historic monument purposes;

(2) Approves the grantee’s plan for repair. rehabilitation, restoration,

arsd maintenance of the propcmy

(3) Approves the grantee’s plan for financing the repair,

rehabilitation, restoration, and maintenance of the property. The plan

shafl not be approved unless it provides that all incomes in excess of

costs of repair, rehabilitation, restoration, maintenance and a specified

reasonable prrrfh or payment that may accrue to a lessor, sublessor, or

developer in connection with the management, operation, or

development of the property for revenue producing activities shall be

used by the grantee, lessor, sublessor, or developer, only for public

historic preservation, park, or recreational purposes; and

(4) Examines and approves the grantee’s accounting and financial

procedures for recording and reporting on revenue-producing activities.

(b) The disposal agency shaJl notify State and areawide

clearinghouses and eligible public agencies, in accordance with the

provisions of Sec. 101-47.303-2. that property which maybe disposed

of for use as a historic monument has been determined to be surplus. A

copy of the holding agency’s Sraodard Form 118. Report of Excess

ReaJ Properry, with accompanying schedules shaJl be transmitted with

the copy of each such notice when it is sent to the proper regional

office of the Bureau of Outdoor Recreation as provided in Sec. 101-

47.303-2(d).

(c) Upon request, the disposal agency shall furnish eligible public

agencies with an application form to acquire real property for

permanent use as a historic monument and advise the potential

aPrJlicant that it should consult with the appropriate Bureau of Outdoor

Recreation Regionaf OffIce early in the process of developing the

application.

(d) Eligible public agencies shall submit the original and two copies

of the completed application to acquire real property for use as a

historic monument in accordance with the provisions of Sec. 101-

47,303-2 to the appropriate Bureau of Outdoor Recreation Regional

Office which will forward one copy of the application to the

appropriate regional office of the disposal agency. After consultation

with the National Park Service, the Bureau of Outdoor Recreation shall

promptly submit to the disposal agency the determination required of

the Secretary of the Interior under section 203(k)(3) of the act for

disposal of the properry for a historic monument and compatible

revenue-producing activities or shall inform the disposal agency that

no such recommendation will be submitted.

(e) Upon receipt of the determination, the disposal agency may with

the approval of the head of the disposaJ agency or his designee convey

to an eligible public agency property determined by the Secrcmry of the

Interior to be suitable and desirable for use as a historic monument for

the benefit of the public rusd for compatible revenue-producing

activities subject to the provisions of section 203(k)(3) of the Act.

(f) The Secretary of the Interior has the responsibility for enforcing

compliance with the terms and conditions of disposals; the

reformation, correction, or amendment of any dispaal instrument; the

granting of rekases; and any action necessary for recapturing such

property in accordance with the provisions of section 203(k)(4) of the

act. Any such action shafl be subject to the disapproval of the head of

the dkqrosal agency.

(g) The Department of the httenor shall notify the appropriate GSA

regional Real Properry Division, Public Buildings Service, immediately

by letter when title to such historic property is to be revested in the

United States for noncompliance with the terms and conditions of

disposal or for other cause, The notification shafl cite the legal and

administrative actions that the Department must take to obtain full title

and possession of the property. In addition, it shall include an adequate

description of the properry, including any improvements constructed

thereon since the original conveyance to the grantee. Upon receipt of a

statement from the Department that titfe to the property has revested,

GSA will assume custody and accountability of the property. However,

the grantee shall be required to provide protection and maintenance of

the property until such time as the ride reverts to the Federal

E-20 December 1997
DoD Base Reuse Implementation Manual

Government, including the period of any notice of intent to revert.

Such protection and maintenance shall, at a minimum, conform to to

the standards prescribed in Sec. 101-47.4913.

[40 FR 22257, May 22, 1975, as amended at 49 FR 44472. Nov. 7,

1984]

Sec. 10147.308-4 Property for educational and public health

purposes.

(a) The head of the disposal agency or his designee is authorized at

his discretion: (1) To assign to the Secretary of the Department of

Education (ED) for disposal under section 203(k)(l) of the Act such

surplus real propeny, including buildings, fixtures, and equipment

situated thereon, as is recommended by the Secretary as being needed

for school, classroom, or other educational use, or (2) to assign to the

Secretary of Health and Human Services (HHS) for disposrd under

section 203(k)(1) of the Act such surplus real property, including

buildings, fixtures. and equipment situated thereon, as is rccomnrcnded

by the Secretary as being needed for use in the protection of public

health, including research.

(b) With respect to real properry and related personal property which

may be made available for assignment to ED or HHS for disposal

under section 203(k)(1) of the Act for educational or public health

purposes, the disposal agency shall notify eligible public agencies, in

accordance with the provisions of Sec. 101-47.303-2, that such

property has been determined to be surplus. Such notice to eligible

public agencies shall state that any pktmring for an educational or

public health use, involved in the development of the comprehensive

and coordinated plan of use and procurement for the property, must be

coordinated with ED or HHS, as appropriate, and that an application

form for such use of the property and insmrctions for the preparation

and submission of an application may be obtained from ED or HHS.

The requirement for educational or public health usc of the propc~ by

an eligible public agency will be contingent upon the disposal agency’s

approval under (i). below, of a recommendation for assignment of

Federal surphs real prope~ received from ED or HHS and any

subsequent transfer shall be subject to the disapproval of the head of

the disposal agency as stipulated under section 203(k)(l ) (A) or (B) of

the Act and referenced in paragraph (j) of this section.

(c) With respect to surplus real property and related personal

properry which may be made available for assignment to either

Secretary for disposal under section 203(k)(1) of the Act for

educational or public health purposes to nonprofit institutions which

have been held exempt from taxation under section 501 (c)(3) of the

Internal Revenue Code of 1954 (26 U.S.C. 501 (c)(3)), ED or HHS IMY

notify eligible nonprofit institutions, in accordance with the provisions

of Sec. 101-47.303-2(e), that such property has been determined to be

surplus. Any such notice to eligible nonprofit institutions shall state

that any requirement for educational or public health use of the

property should be Coordinated with the public agency declaring to the

disposal agency an intent to develop and submit a comprehensive and

coordinated plan of use and procurement for the property, The

requirement for educational or public health use of the propefiy by an

eligible nonprofit institution will be contingent upon the disposd

agency’s approval. under paragraph (i) of this section, of an assignment

recommendation received from ED or HHS and any subsequent

transfer shall be subject to the disapproval of the head of the disposrd

agency as stipulated under section 203(k)(1) (A) or (B) of the Act and

referenced in (j) below.

(d) ED and HHS shrdl notify the disposal agency within 20-calendar

days after the &te of the notice of determination of surplus if it has an

eligible applicant interested in acquiring the property. Whenever ED or

HHS has notified the disposaf agency within the said 20-calendar day

period of a potential educational or public health requirement for the

property, ED or HHS shall submit to the disposal agency within 25-

calendar days after the expiration of the 20-caIendar day period, a

recommendation for assi=mment of the property, or shall inform the

disposal agency, within the 25-calendar day period, that a

recommendation will not be made for assignment of the property.

(e) Whenever an eligible public agency has submitted a plan of use

for property for an educational or public health requirement, in

accordance with the provisions of Sec. 101-47.303-2, the disposal

agency shall transmit two copies of the plan to the regional office of

ED or HHS as appropriate. ED or HHS shall submit to the disposal

agency, witiln 25-caiendar days after the date the plan is transmitted, a

recommendation for assignment of the propmty to the Secretary of ED

or HHS, or shall inform the disposal agency, witbin the 25-calendar

day period, that a rcconrmendation will not be made for assignment of

the property to ED or HHS as appropriate.

(f) Any assignment recommendation submitted to the disposal

agency by ED or HHS shrdl set forth complete information concerning

the educational or public health use, including: (1) Identification of the

property, (2) the name of the applicant and the size and nature of its

progranr, (3) the specific use planned, (4) the intended public benefit

allowance, (5) the estimate of the vahre upon which such proposed

allowance is based, and, (6) if the acreage or value of the property

exceeds the standards established by the Secretary, an explanation

tberefor. ED or HHS shall furnish to the holding agency a copy of the

recommendation, unless the holding agency is also the dkposal

agency.

(g) Holding agencies shall cooperate to the fullest extent possible

with representatives of ED or HHS in their inspcrion of such property

and in furnishing information relating thereto.

(h) In the absence of an assignment recommendation from ED or

HHS submitted pursuant to Sec. 101-47 .308-4 (d) or (e), and received

within the 25-calendar day time limit specified therein, the disposal

agency shall proceed witi other disposal action.

(i) If, after considering other uses for the property, the disposal

agency approves the assignment recommendation from ED or HHS, it

shall assign the property by letter or other document to the Secretary of

ED or HHS as appropriate. If the recommendation is disapproved, the

disposal agency shall likewise notify the appropriate Department. The

disposal agency shall furnish to the holding agency a COPY Of the

assie~rnent, unless the holdhrg agency is also the disposal agency.

Q) Subsequent to the receipt of the disposal agency’s letter of

assignment. ED or HHS shall fumisb to the disposal agency a Notice

of Proposed Transfer in accordance with section 203(k)(1) (A) or (B)

of the Act. If the disposal agency has not disapproved the proposed

transfer within 30- calendar days of the receipt of tie Notice of

Proposed Transfer, ED or HHS may proceed with the transfer.

(k) ED or HHS shall furnish the Notice of Proposed Transfer within

35- calendar days after the disposal agency’s letter of assignment and

shall prepare the transfer documents and take all necessary actions to

accomplish the transfer within 15-calendar days after the expiration of

the 30-caIendar day period provided for the disposal agency to consider

the notice. ED or HHS shall furnish the disposal agency two

conformed copies of deeds, leases or orher instruments conveying the

property under section 203(k)(1) (A) or (B) of the Act and all related

documents containing restrictions or conditions regulating the future

use, maintenance or tmnsfer of the property.

(1) ED or HHS, as appropriate. has the responsibility for enforcing

compliance with the terms and conditions of transfer; for the

reformation, correction, or amendment of any transfer instrumen~ for

the granting of releases; and for the taking of any necessary actions for

r~ap~rin~ such pmpeq in accordance with the provisions Of SeCtiOn

203(k)(4) of the Act. Any such action shall be subject to the

disapproval of the head of the dispaal agency. Notice to the head of

the dispcd agency by ED or HHS of any action proposed to be taken

shall identify the property affected, set forth in detail the proposed

action, and state the reasons therefor.

(m) In each case of repossession under a terminated le~e or

reversion of title by reason of noncompliance with the terms or

December 1997 E-21
41 CFR Part 101-47: Federal Property Management Regulations

conditions of sale or orher cause, ED or HHS shall, at or prior to such

repossession or reversion of ride, provide the appropriate GSA mgion~

offkc with an accurate description of the real and related personal

property involved. Standard Form 118, Report of Excess Real Prope@,

and the appropriate schedules shall be used for this purpose. Upon

receipt of advice from ED or HHS that such property has been

repossessed or tirJe has reverted GSA will assume custody of and

accountability for dre property. However, the grantee shaft be required

to provide protection and maintenance for the property until such time

as the title reverts to the Federal Government, including the period of

any notice of intent to revere Such protection and maintenance shafl, at

a minimum, conform to the standards prescribed in Sec. 101-47.4913.

[49 FR 3465, Jsm. 27, 1984]

Sec. 101-47.308-5 Property for use as shrines memorials, or for

religious purposes.

(a) Surplus military chapels shall be segregated from other buildings,

and shall be dlspsed of intact, separate and aparr from the land, for

use off- site as shrines, memorials, or for religious purposes, except in

cases in which the chapel is located on surplus Govemment+wned

land and the disposal agency determines that it may properly be used in

place, in which cases a suitable area of land maybe set aside for such

purposes, and sold with the chapel.

(1) Application. Applications for the purchase of surplus chapels for

use off-site or for use in-place shall be solicited by public advertising.

All applications received in response to advertising shall be submitted

to the Chief of Chaplains of the service which had jurisdiction over the

property during the period of Government use thereof for military

purposes and shafl be disposed of in accordance with his

recommendation. If no recommendation is received from the Chief of

Chaplains within 30 days from the date of such submission, the

disposal agency may select the purchaser on the basis of the needs of

the applicants and the best interests of the community to be served. If

no application is received for marrsfer of the property for shrine,

memorial, or religious uses, the Chief of Chaplains shall be notified

accordingly. and disposal of the prnpcrty shall be held in abeyance for

a period not to exceed 60 days thereafter to afford additional time for

the tling of applications. If no such application is received during the

extended period, the property may be dkposed of for uses other than

shrine, memorial, or religious purposes pursuant to other applicable

provisions of this subpart.

(2) Sale price. The sale price of the chapel shall be a price equal to

its appraised fair market value in the light of conditions imposed

relating to its future use and the estimated cost of remowd, where

required. The sale price of the land shall be a price equal to the

appraised fair market value of the land based upon the highest and best

use of the land at the time of the disposal.

(3) Conditions of mansfer. All chapels disposed of pursuant to the

authority of this section shall be transferred subject to the condition

that during the useful life thereof they be maintained and used as

shrines, memorials, or for religious purposes and not for any

commercial, industrial, or other secular use; and that in the event a

transferee fails to maintain and use the chapel for such purposes there

shall become due and payable to the Government the difference

between the appraised fair market value of the chapel, as of the date of

the transfer. without restrictions on its use, and the price actually paid.

Where the land on which the chapel is located is sold with the chapel,

no conditions or restrictions on the use of the land shtdl be included in

the deed.

(4) Release of restrictions. The disposal agency m~y release the

conditions of transfer without payment of a monetary consideration

upon a determination that the property no longer serves the purpose for

which it was transferred or that such release will not prevent

accomplishment of the purpose for which the propeny was transferred,

Such determination shall be in writing, shall state the facts and

circumstances involved, and shall be presemed in the files of the

disposal agency,

(b) Notwithstanding the provisions of this Sec. 101-47.308-5, a

chapel and underlying land that is a component unit of a larger parcel

of surplus real property recommended by the Secretary of Health,

Education, and Welfare as being needed for educational or public

health purposes, may be included in an assignment of such property,

when so recommended by the Secretary, for disposal subject to the

condition that the instrument of conveyance shall require that during

the useful life of the chapel it shall be maintained and used by the

grantee as a shrine. memorial, or for religious purposes.

Sec. 101-47 .308-6 Property for housing and related facilities.

(a) Under section 414(a) of the Housing and Urban Development

Act of 1969, as amended (40 U.S.C. 484b), the disposal agency may,

in its discretion, transfer (assign) surphss real property to the Secretary

of Housing and Urban Development or to the Secretary of Agriculture

acting through the Farmers Home Administration (FmHA) at the

request of either, for sale or Lewe by the appropriate Secretary at its fair

vahse fnr use in the provision of housing to be occupied predominantly

by families or individuals of low or moderate income and for related

public commercial or industrial facilities approved by the appropriate

Secretary.

(b) Upon receipt of the notice of determination of surplus (Sec. 101-

47.204-1 (a)), HUD or FmHA may solicit applications from eligible

applicants.

(c) HUD or FmHA shall notify the disposal agency within 20

calendar days after the date of the notice of determination of surplus if

it is able to interest an eligible applicant in acquiring the property

under section 414(a) of the 1%9 HUD Act, as amended.

(d) Both holding and disposal agencies shall cooperate, to the fidlest

extent possible, with representatives of HUD or FmHA in their

inspection of such property and in furnishing information relating

thereto.

(e) HUD or FmHA shall advise the disposal agency and request

tmnsfer of the property for disposition under section 414(a) of the 1969

HUD Act, as amended, within 25 calendar days after the expiration of

the 20-calendar-day period specified in Sec. 101-47.308-6(c).

(fJ Any request submitted by HUD or FmHA pursuant to Sec. 101-

47.308-6(e) shall set forth complete information concerning the

intended use, including:

(1) Identification of the property; (2) a summary of the background

of the proposed project, including a map or plat of the property; (3)

whether the property is to be sold or leased to a public body or to an

entity other than a public body which will use the land in connection

with the development of housing to be occupied predominantly by

families or individurds of low and moderate income, assisted under a

Federal housing assistance program administered by the appropriate

Secretary or under a State or local program found by the appropriate

Secretary to have the same general purpose. and related public

commercial or industrial facilities approved by the appropriate

Secretary; (4) HUDS or FmHAs best estimate of the fair value of the

properry and the price at which it will be sold by HUD or FmHA; (5)

how the property is to be used (i.e., single or multifamily housing units,

the number of housing units proposed, types of facilities, and the

estimated cost of construction); (6) an estimate as to dre dates

construction will be started and completed; and (7) what reversionary

provisions will be included in the deed or the termination provisions

that will be included in the lease. It is suggested that this information,

except for the map or plat of the propcfiy, be furnished in the body of

the letter transfer request signed by the Secretary of Housing and

Urban Development or the Secretary of Agriculture or his designee.

The above data will be used by GSA in preparing and submitting a

statement relative to the proposed wmsaction to the Senate Committee

E-22 December 1997
DoD Base Reuse Implementation Manual

on Governmental Affairs and the House Committee on Government

Operations prior to the transfer of the property to HUD or FmHA.

(g) ln tie absen= of a notice under par%-ph (c) of this section or a

request under paragraph (e) of this section, the disposal agency shall

proceed with the appropriate disposal action.

(h) If, after considering other uses for the property, the disposal

agency determines that the prope~ should be made available to HUD

or FmHA under section 414(a) of the 1969 HUD Act, as amended, it

shafl msnsfer the property to the appropriate agency upon its request.

(i) The rr~sfe~ agency shall bear the costs of any out-of-pocket

expenses necessa.ty to accomplish the transfer of the property, such as

surveys, fencing, security, etc., of the remaining property or otherwise,

in addition, the transferee agency shall be responsible for any

protection and maintenance expenses after the property is transferred to

the agency.

@The dispos~ %ency, if it approv= tie rquesr, shall transfer the

property by letter or orher document to HUD or FmHA for disposal

under section 414(a) of the 1969 HUD ACL as amended. If the request

is disapproved the disposal agency shafl so notify the appropriate

Secretary. The disposal agency shall furnish the holding agency a copy

of the transferor notice of disapproval.

(k) The transferee agency shall prepare the disposal document and

rake all other actions nccessq to accomplish the disposition of the

property under section 414(a) of the 1969 HUD Act, as amended,

within 120 calendar days after the date of the transfer of the propny to

the agency.

(1) If any property conveyed under section 414(a) of the 1969 HUD

Act, as amended, to arr entity other than a public body is used for any

purpose other thm the purpose for which it was sold or leased within a

period of 30 years of rise conveyance, it shafl revert to the United States

(or, in the case of leased property, the lease shall terminate) unless the

appropriate Secretary and the Administrator of Generaf Services, after

the expiration of the first 20 years of such period, approve the use of

the properry for such other purpose.

(m) The transferee agency shall furnish the disposal agency two

conformed copies of deeds. leases, or other instruments conveying

properry under section 414(a) of the 1969 HUD Act. as amended, and

related documerm containing reservations, restrictions, or conditions

regulating the future use, maintenance, or transfer of the property.

(n) In each case of reversion of title by reason of noncompliance

with the terms and conditions of sale or orher cause, HUD or FMHA

shall, prior to or at the time of such reversion, provide GSA with an

accurate description of the real and related personal propmy involved.

Standard Fomr 118, Report of Excess Real Property, and the

appropriate schedules shall be used for this purpose. L@csn receipt of

advice from HUD or FMHA that title has reverted, GSA wiIl assume

accountability therefor.

[47 FR 37176, .Aug 25, 1982]

Sec. 101-47.308-7 Property for use as public park or recreation

areas.

(a) The head of the disposal agency or his designee is authorized, in

his discretion, to assign to the Secretary of the Interior for disposal

under section 203(k)(2) of the Act for public park or recreation

purposes, such surplus real property, including buildings, fixtures, and

equipment situated thereon, as is recommended by the Secretary as

being needed for use as a public park or recreation area for disposal by

the Secretary to a State, political subdivision, insmrmentafities thereof,

or municipality.

(b) The disposal agency shall notify established State and regional or

merropdirarr clearinghouses and eligible public agencies, in

accordance with the provisions of Sec. 101-47.303-2, that property

which may be disposed of for use as a public park or recreation area

has been determined to be surplus. There shrdl be transmitted with the

copy of each such notice, when sent to the proper field office of the

Bureau of Outdoor Recreation, a copy of the holding agency’s Report

of Excess Real Property (Standard Form 118, with accompanying

schedules).

(c) An application form to acquire property for permanent use as a

public park or recreation area and instructions for the preparation of

the application shall be furnished by the Department of the Interior

upon request.

(d) The Department of the Interior shafl notify the disposal agency

within 20 calendar days after the date of the notice of determination of

surpIus if it has an eligible applicamt interested in squiring the

property under section 203(k)(2) of the Act.

(e) Holding agencies shall cooperate to the fullest extent possible

witireprcsentatives of the Department of the Interior in their

inspection of such property and in furnishing information relating

thereto.

(f) The Department of the Interior shall advise the disposal agency

and request assignment of the property for disposition under section

203(k)(2) of the Act. as amended, within 25 calendar days after the

expiration of the 20- calendar-day period specified in paragraph (d) of

thk section.

(g) Any Ecor’nrnendarion submitted by the Department of the

Interior pursuant to pamgraph (f) of this section shall set forth

complete information concerning the plans for use of the property as a

public pmk or recreation area, including(1) identification of the

property, (2) the name of the applicant, (3) the specific use planned,

and (4) the intended public benefit allowance. A copy of the

appli~tion together with any other pertinent documentation shall be

submitted with the rmornrnendation,

(h) In the absence of a notice under paragraph (d) of this section or a

request under paragraph (f) of this section, the disposal agency shall

proceed with the appropriate disposal action,

(i) If, after considering other uses for the property, the disposal

agacy approves the assignment recommendation from the Department

of the Interior, it shall assign the property by letter or other document

to the Secretary of the Interior. If the recommendation is dkapproved,

the disposal agency shall likewise notify the Secretary. The disposal

agency shall furnish to the holdlng agency a copy of the assignment,

unless the holding agency is also the disposal agency.

(i) Subsequent to the receipt of the disposal agency’s letter of

assignment, the Secretary of the Interior shrsfl furnish to the disposal

agency a Notice of Proposed Transfer, in accordance with section

203(k)(2)(A) of the Act. If the disposal agency has not disapproved the

proposed mansfer withrr 30-calendar days of the receipt of the Notice

of Proposed Transfer, the Secretary may proceed with the tmnsfer.

(k) The disposal agency may, where appropriate, make the

assignment subject to the Department of the Interior requiring the

applicant to bear the cost of any out-of-pocket expenses necesstuy to

accomplish the transfer of the property, such as surveys, fencing,

security of the remaining properry or otherwise.

(1) In the absence of the notice of disapproval by the disposal agency

upon expiration of the 30-day period. or upon earlier advice from the

disposat agency of no objection to the proposed transfer, the

Department of the Interior may place the applicant in possession of the

property as soon as practicable in order to minimize the Government’s

expense of protection and maintenance of the propcfiy. As of the date

of assumption of possession of the propefiy, or the date of conveyance,

whichever occurs first. the applicant shall assume responsibility for

care and handling and all risks of loss or damage to the property, and

shafl have afl obligations and liabilities of ownership.

(m) The Department of the Interior shall furnish the Notice of

Proposed Transfer witkin 35-calendar days after the disposal agency’s

letter of assignment and shall rake afl necessary actions to accomplish

the transfer withh 15-calendar days after the expiration of the 30-

calendar day period provided for the disposal agency to consider the

notice.

December 1997 E-23
41 CFR Part 101-47: Federal Property Management Regulations

(n) The deed of conveyance of any surpIus real property transferred

under the provision of section 202(k)(2) of the Act shall provide that

all such propetty be used and maintained for the purpose for which it

was conveyed in perpetuity. and that in the event that such property

ceases to be used or maintained for such purpose during such period,

all or any portion of such property shall in its then existing condition,

at the option of the United States, revert to the UniIed States and may

contain such additional terms, reservations, restrictions, and conditions

as may be determined by the Secretary of the Interior to be necessary to

safeguard the interest of the United States.

(o) The Department of the Interior shafl furnish the disposal agency

two conformed copies of deeds, leases, or other instruments conveying

property under section 203(k)(2) of the Act and related documents

containing reservations, restrictions, or conditions regulating the future

use, maintenance or transfer of the property.

(p) The sec~~ of tie ~terior has the responsibility for enforcing

compliance with the terms and conditions of transfeh the reformation,

correction, or amendment of any transfer instrument; the granting of

releases; and any necessary actions for recapturing such property in

accordance with the provisions of section 202(k)(4) of the Act. Any

such action shall be subject to the disapproval of the head of the

disposal agency. Notice to the head of the disposal agency by the

Secretary of any action proposed to be taken shall identify the property

affected, set forth in derail the proposed action, and state the reasons

therefor.

(q) The Dep~ment of tie Interior shall notify the appropriate GSA

regional office immediately by letter when title to properry tmrtsferred

for use as a public park or recreation area is to be revested in the

United States for noncompliance with the terms or conditions of

disposal or for other cause. The notification shall cite the legal and

administrative actions that the Department must take to obtain full title

and possession of the properry. in addkion. it shall include an adequate

description of the propwy. including any improvements constmcted

thereon since the original conveyance to the grantee. Upon receipt of a

statement from the Depamnent that title to the property has revested,

GSA will assume custody of and accounrabiliry for the property.

However, the grantee shall be rquired to provide protection and

maintenance for the propmy until such time as the title reverts to the

Federal Government, including the period of any notice of intent to

revert. Such projection and maintenance shall, at a minimum. conform

to the standards prescribed in Sec. 101-47.4913.

[36 FR 9776, May 28, 1971, as amended at 49 FR 3467, Jan. 27,

1984]

Sec. 101-$7.308-8 Property for dkplaced persons.

(a) Pursuant to section218 of the Uniform Relocation Assistance

and Real property Acquisition Policies Act of 1970, the disposal

agency is authorized to transfer surplus real propeny to a State agency,

as hereinafter provided, for the purpose of providkrg replacement

housing under title II of this Act for persons who arc to be displaced by

Federal or federally assisted projects.

(b) Upon receipt of the notice of surplus determination (Sec. 101-

47.204- 1(a)). any Federal agency having a requirement for such

property for housing for displaced person.. may solicit applications

from ellgible State agencies.

(c) Federal agencies shaJl notify the disposal agency within 20

calendar days after the date of the notice of determination of surplus if

it is able to interest an eligible State agency in acquiring the properry

under section 218.

(d) Both holding and disposal agencies shall cooperate, to the fullest

extent possible. with Federal and State agency representatives in their

inspection of such property and in furnishing information relating

thereto.

(e) The interested Federal agency shafl advise the disposal agency

and request transfer of the properry to the selected State agency under

section 218 within 25 calendar days after the expiration of the 20-

calend.sr-day period specified in Sec. 101-47.308-8(c).

(f) Any request submitted by is Federal agency pursuant to Sec. 101-

47.308- 8(e) shall be in the form of a letter addressed to the appropriate

GSA regional office and shall set forth the following information:

(1) Identification of the pro~rty by name, location, and control

numbc~ (2) a request that the property be transferred to a specific State

agency including the name and address and a copy of rise State

agency’s application or proposal; (3) a certification by the appropriate

Federal ogency official that the pmpe~ is required for housing for

displaced persons pursuant to section218, that all other options

authorized under title 11 of the Act have been explored and replacement

housing cannot be found or made available through those channels,

and that the Federal or federally assisted project cannot be

accomplished unless the propcny is made available for replacement

housing; (4) any special terms and conditions that the Federal agency

desires to include in conveyance instmments to insure that the property

is used for the intended purpose; (5) identification by name and

proposed location of the Federal or fderally assisted project which is

creating the rquiremen~ (6) purpose of the projec~ (7) citation of

enabIing legislation or authorization for the project when appropriate;

(8) a detailed outline of steps raken to obtain replacement housing for

displaced persons as authorized under title 11 of the Act; and (9)

arrarsgemerm=, that have been made to construct replacement housing on

the surplus property and to insure that displaced persons will be

provided housing in the development.

(g) In the absence of a notice under Sec. 101 -47.308-8(c) or a

request under Sec. 10 I -47.308-8(e), the disposal agency shall proceed

with the appropriate disposal action.

(h) If, after considering odter uses for the property, the disposal

agency determines that the property should be made available for

replacement housing under section 218, it shaJl transfer the property to

the designated State agency on such terms and conditions as will

protect the interest of the United States, including the payment or the

a~ement to pay to the United States all amounts received by the State

agency from any safe, lease, or orher disposition of the property for

such housing. The safe, lease. or orher disposition of the properry by

the State agency shrdl beat the fair market vahre as approved by the

disposal agency. unless a compelling justification is offered for

disposal of the proptmy at less than fair market vahse, in which event

the disposal may be made at such other vafue as is approved by the

disposal agency.

(i) The State agency shall bm the costs of any out-of-pocket

expenses necessary to accomplish the transfer of the property, such as

costs of surveys, fencing, or security of the remaining property.

(j) The disposd agency. if it approves the request. shall transfer the

property to the designated State agency. If the request is disapproved,

the disposal agency shafl notify the Federal agency requesting the

transfer. The disposal agency shall furnish the holding agency a copy

of the transferor notice of disapproval, and the Federal agency

requesting the transfer a copy of the transfer when appropriate.

[36 FR 11439, June 12, 1971]

Sec. 101-47.308-9 Property for correctional facility use.

(a) Under section 203(p)(l) of the Act, the head of tie disposal

agency or desi=~ee may, in hislher discretion, convey, without

monetary consideration, to any State, or to those govemmentaJ bodies

named therein. or to any political subdivision or instrumentality

thereof, surplus real and related personal properry for correctional

facility use. provided the Attorney General has determined that the

propary is required for correctional facility use and has approved an

appropriate program or project for the care or rehabilitation of criminal

offenders.

(b) The disposal agency shall provide prompt notification to the

Office of Justice Programs (OJP), Department of Justice (DOJ) of the

E-24 December 1997
DoD Base Reuse Implementation Manual

availability of surplus properties. Included in the notification to OJP

will be a copy of the holding agency’s Standard Form 118, Report of

Excess Real Property, with accompanying schedules,

(c) With respect to real property and related personal property which

may be made available for disposal under section 203(p)(l) of the Act

for correctional facility purposes, OJP shall convey notices of

availability of properties to the appropriate State and local public

agencies. Such notice shall state that any planning for correctional

facility use involved in the development of a comprehensive and

coordinated plan of use and procurement for the property must be

coordinated and approved by the OJP and that an application form for

such use of the property and instructions for the preparation and

submission of an application maybe obtained from OJP. The

requirement for correctional facility use of the property by an eligible

public agency will be contingent upon the disposal agency’s approval

under paragraph (g) of thk section of a determination by DOJ that

identifies surplus property required for correctional facility use under

an appropriate program or project for the care of rehabilitation of

criminal offenders.

(d) OJP shall notify the disposal agency within 20 calendar days

after the date of the notice of determination of surplus if there is an

eligible applicant interested in acquiring the property. Whenever OJP

has notified the dkposal agency within the said 20 calendar-day period

of a potential correctional facility requirement for the properry, OJP

shall submit to the disposal agency within 25 csdendar days after the

expiration of the 20 caJendar-day period, a determination indicating a

requirement for the property and approving an appropriate program or

project for the care or rehabiiimtion of criminal offenders, or shall

inform the disposal agency, within the 25 calendar-day period, that the

property will not be required for correctional facility use.

(e) Any determination submitted to the disposal agency by DOJ shaJl

set forth complete information concerning the correctional facility use,

including:

(1) identification of the property,

(2) Certification that the properry is required for correctional facility

use,

(3) A copy of the approved application which defines the proposed

pkur of use, and

(4) The environmental impact of the proposed correctional facility,

(fJ Both holding and dispesal agencies shall cooperate to the fullest

extent possible wirlr Federal and State agency representatives in their

inspection of such property and in fumishhrg information relating

thereto.

(g) If. after considering other uses for the property, tie disposal

agency approves the determination by DOJ, it sIMJI convey the

propxty to the appropriate grantee. If the determination is disapproved,

or in the absence of a determination from DOJ submitted pursuant to

Sec. 101-47.308-9(d), and received within the 25 calendar-day time

limit specified therein, the disposal agency shall proceed with other

d@osal action. The dkposal agency shall notify OJP 10 days prior to

any announcement of a determination to either approve or disapprove

an application for correctional purposes and shall furnish to OJP a

copy of the conveyance documents.

(h) The deed of conveyance of any surplus real property transferred

under the provisions of section 203(p)(I) of the Act shall provide that

all such property be used and maintained for the purpose for which it

was conveyed in perpetuity and that in the event such property ceases

to be used or maintained for such purpose during such period, all or

my potion of such properry shaJl in its then existing condition, at the

option of the United States, revert to the United States and may contain

such additional terms, reservations, restrictions, and conditions as may

be determined by the Administrator of General Services to be neceswuy

to safeguard the interest of the United States,

(i) The Administrator of General Services has the responsibility for

enforcing compliance with the terms and conditions of dkposals; the

reformation, correction, or amendment of any d~sposal instrumerm the

granting of releases: and any action necessary for recapturing such

propcny in accordance with the provisions of section 203(p)(3) of the

Act.

@The OJp Will notify GSA upon discovery of ~ny information

indicating a change in use and. upon request, make a redetermination

of continued appropriateness of the use of a transferred property.

(k) In each case of repossession under a reversion of title by reason

of noncompliance with the terms of the conveyance documents, GSA

will assume custody of and accountability for the property. However,

the grantee shall be required to provide protection and maintenance for

the properry until such time as the tide reverrs to the Federal

Government, including the period of any notice of intent to revert.

Such protection and maintenance shall, at a minimum, conform to the

standards prescribed in Sec. 101-47.4913.

[52 FR 9832, Mar. 27, 1987]

Sec. 101-47.308-10 Property for port facility use.

(a) Under section 203(q)(l) of the Act, in his/her discretion, the

Administrator, the Secretary of the Department of Defense (DOD) in

the case of propc~ located at a military installation closed or realigned

pursuant to a base closure law, or tJre designee of either of them, may,

as the disposal agency. assign to the Secretary of the Department of

Transportation (DOT) for conveyance, without monetary consideration,

to any State, or to those governmental bodies named therein, or to any

politicaI subdivision. municipality, or insoumentality thereof, such

surplus real and related pcrsonaJ property, including buildings, fixtures,

and equipment situated thereon, as is recommended by DOT as being

needed for the development or operation of a pmt facility.

(b) The disposal agency shall notify established State and regional or

metropolitan clearinghouses and eligible public agencies, in

accordance with the provisions of Sec. 101-47.303-2, that properry

which may be disposed of for use in the development or operation of a

port facility has been determined to be surplus. A copy of such notice

shall be transmitted to DOT accompanied by a copy of the holding

agency’s Report of Excess Red Property (Standard Form 118 and

supporting schedules).

(c) The notice to eligible pub[ic agencies shall state:

(1) that any planning for the development or operation of a port

facility, involved in the development of the comprehensive and

coordinated plan of use and procurement for the property, must be

coordinated with DOT;

(2) that any party interested in acquiring the property for use as a

port facility must contact the Department of Transportation, Maritime

Administration, for instructions concerning submission of an

application; and

(3) that the requirement for use of the property in the development or

operation of a port facility will be contingent upon approval by the

disposal agency, under paragraph (i) of this section, of a

recommendation from DOT for assignment of the property to DOT and

that any subsequent conveyance shall be subject to the disapproval of

the head of the disposal agency ~s stipulated under section 203(q)(2) of

the Act and referenced in paragraph Q) of thk subsection.

(d) DOT sN1 notify the disposal agency within 20 calendar-days

after the date of the notice of determination of surplus if there is an

eligible applicant interested in acquiring the property. Whenever the

disposal agency, has been so notified of a potential port facility

requirement for the propty, DOT shrdl submit to the disposid agency,

within 25 calendar-&ys after the expiration of the 20-crdendar-day

notification period, either a recommendation for assignment of the

property or a statement that a recommendation will not be submitted.

(e) Whenever an eligible public agency has submitted a plan of use

for property for a port facility requirement. in accordance with the

provisions of Sec. 101-47.303-2, the disposal agency shall transmit two

copies of the plan to DOT. DOT shaJl either submit to the disposal

agency, within 25 calendar-days after the date the plan is transmitted. a

December 1997 E-25
41 CFR Part 101-47: Federal Property Management Regulations

recommendation for assignment of the property to DOT, or inform the

disposal agency, within the 25-calendar-day period, that a

recommendation will not be made for a..signment of the property to

DOT.

(O Any assignment recommendation submitted to the disposal

agency by DOT shall be accompanied by a copy of the explanatory

statement required under section 203(q)(3)(C) of the Act and shaI1 set

forth complete information concerning the contemplated pmt facility

use, including:

(1) an identification of the proprxly;

(2) an identification of the applicant;

(3) a copy of the approved application, which defines the proposed

plan of use of the property;

(4) a statement that DOTS determination that the property is located

in an area of serious economic dismption was made in consultation

with the Secretary of L.aboc and

(5) a smtement that DOTS approval of the economic development

plan associated with the plan of use of the properry was made in

consultation with the Secretary of Commerce.

(g) Holding agencies sh~l cooperate to the fullest extent possible

with representatives of DOT and the Secretary of Commerce in their

inspection of such propeny, and of the Secretary of Labor in affirming

that the property is in an area of serious economic disruption, and in

furnishing any information relating thereto.

(h) In the absence of an assignment recommendation from DOT

submitted pursuant to paragraph (d) or (e) of thk section, and received

within the 25- calendar-&y time limit specified therein, the disposal

agency shall proceed with other disposal action.

(i) If, titer considering other uses for the property, the disposal

agency approves the assignment recommendation from DOT, it shall

assign the property by letter or otier document to DOT. If the

recommendation is dkapproved, the dk.pal agency shall Iikewise

notify DOT, The disposal agency shall furnish to the holding agency a

copy of the assignment, unless the holding agency is also the disposal

agency.

(j) Subsequent to the receipt of the letter of assignment from the

disposal agency, DOT shall furnish to the disposal agency, a Notice of

Proposed Conveyance in accordance with section 203(q)(2) of the Act,

If the disposal agency has not disapproved the proposed transfer within

35 calendar-days of the receipt of the Notice of Proposed Conveyance,

DOT may proceed with the conveyance.

(k) DOT shall furnish the Notice of Proposed Conveytusce witl-in 35

calendar- days after the &te of the letter of assignment from the

disposaf agency, prepare the conveyance documents, and take afl

necessary actions to accomplish the conveyance within 15 calendardays after the expiration of the 30-calendar-day period provided for the

disposal agency to consider the notice, DOT shall furnish the disposal

agency two conformed copies of the instruments conveying property

under subsection 203(q) of the Act and all related documents

containing restrictions or conditions regulating the future use,

maintenance, or tmnsfer of the properry.

(1) DOT has the responsibility for enforcing compliance with the

terms and conditions of conveyance; for reformation, correction, or

amendment of any instrument of conveyance; for the granting of

release; and for the taking of any necessary actions for recapturing

such property in accordance with the provisions of subsection

203(q)(4) of the Act. Any such action shall be subject to the

disapproval of the head of the disposal agency. Notice to the head of

the disposal agency, by DOT, of any action proposed to be taken shall

identify the property affected, set forth in detail the proposed action,

and state the remons therefor.

(m) In each case of repossession under a reversion of title by reason

of noncompliance with the terms or conditions of conveyance or orher

cause. DOT shall, at or prior to such reversion of title, provide the

aPProPhate GSA r%ional office, with an accurate description of the

real and related personal property involved. Standard Form 118, Report

of Excess Real Propmy, and appropriate accompanying schedules

shall be used for this purpose. Upon receipt of advice from DOT that

such propeny has been repossessed, GSA will review and act upon the

Standard Form 118. However. the grantee shall be required to provide

protection and maintenance for the property until such time as the title

reverts to the Federrd GovemmenL including the period of any notice

of intent to revert. Such proteaion and maintenance shall, at a

minimum, conform to the standards prescribed in Sec. 10 I -47.4913.

[FMPR Amdt. H-192, 60 FR 35707, July 11, 1995]

Sec. 101-47.309 DKposal of leases, permits, ficenses, and similar

irtstrmnents.

The disposal agency may, subject to such reservations, restrictions,

and conditions, if any, as the disposal agency deems necessary prop-d y

to protect the interests of the United States against liability under a

lease. pe.rrniL license, or similar instrument:

(a) Dispose of the lease or ocher instnrment subject to assumption by

the transferee of the obligations in the lease or other instrument unless

a transfer is prohibited by the terms of the lease or other instrument or

(b) Terminate the lease or other instmment by notice or negotiated

agreemen~ and

(c) Dispose of any surplus Government-owned improvements

located on the premises in the following order by any one or more of

the following methods:

(1) By disposition of all or a priori thereof to the transferee of the

lease or other instrument (not applicable when the lease or other

instrument is terminated);

(2) By disposition to the owner of the premises or grantor of a

sublease, as the case may be, (i) in full satisfaction of a contractual

obligation of the Government to restore the p~mises, or (ii) in

satisfaction of a contractual obligation of the Government to restore the

premises plus the payment of a money consideration to the

Government by the owner or .mtor, as the case may be, that is fair

and r~sonabie under the circumstances, or (iii) in satisfaction of a

contractual obligation of the Government to restore the premises plus

the payment by the Government to the owner or grantor, as the case

may be, of a money consideration that is fair and reasonable under the

circumstances; or

(3) By disposition for removal from the premises. Provided, That

any negotiated disposals shall be subject to the applicable provisions of

Sees. 1OIA47.3O4-9 and 101-47.30-12. The cancellation of the

Government’s restoration obligations in return for the conveyance of

the Government-owned improvements to the lessor is considered a

settlement of a contractual obligation rather than a disposal of surplus

real property and, therefore. is not subject to the provisions of Sees.

101-47 .304-9 and 101-47.304-12.

[29 FR 16126. Dec. 3, 1964. as amended at 31 FR 16780, Dec. 31,

1966]

Se~ 10147.310 Disposal of structures and improvements on

Government-owned land.

In the case of Government-owned land. the disposal agency may

dispose of structures and improvements with the land or separately

from the land: Provided, That prefabricated movable structures such as

Butler-type storage warehouses. and quonset huts, and housetrakrs

(with or without under carriages) reported to GSA with the land on

which they are located, may, in the discretion of GSA, be desiomated

for dispmal as personal property for off-site use.

Sec. 101-47.311 Disposal of residual personal property.

(a) Any related personal prope~ reported to GSA on Standard Form

118 which is not disposed of by GSA a.. related to the real property,

shall be designated by GSA for disposal as personal property.

E-26 December 1997
DoD Base Reuse Implementation Manual

(b) Any related personal property which is not disposed of by the

holding agency, pursuant to the authority contained in Sec. 101-

47.302, or mstfroriry otherwise delegated by the Administrator of

General Services L< related to the real property, shall be disposed of

under the applicable provisions of Part 10145.

Sec 101-47.312 Non-Federal interim use of property.

(a) A lease or permit maybe granted by tJte holding agency with the

approval of the disposal agency, for non-Federal interim use of SU@SS

properry; Provided. That such lease or permit shall be for a period not

exceeding 1 year and shafl be made revocable on not to exceed 30 days’

notice by the disposal agency: And provided further, That the use and

occupancy will not interfere with, delay, or retard the disposaJ of the

properry. In such cases, an immediate right of entry to such property

MSY be granted pending execution of the formal lease or permit. The

lease or permit shafl be for a money consideration and shall be on such

other terms and conditions as are deemed appropriate to properly

protect the intermt of the United States. Any negotiated lease or permit

under this section shafl be subject to the applicable provisions of Sees.

101-47 .304-9 and 101-47.304-12, except that no explanatory statement

to the appropriate committees of the Congress need to be prepared with

respect to a negotiated lease or permit providing for an annual net

rental of $100,000 or less, and termination by either part on 30 days’

notice.

(b) [Resewed. 54 FR 41245, Oct. 6, 1989]

[54 FR 41245, Oct. 6, 1989]

Sec. 101-47.313 Easements.

Sec. 101-47.313-1 Dkposal of easements to owner of servient

estate.

The dk.posd agency may dispose of an easement to the owner of the

land which is subject to the easement when the continued use.

occupancy, or control of the easement is not needed for the operation.

production, use, or maintenance of properry owned or controlled by the

Government. A determination shaJl be made by the disposal agency as

to whether the dkposal shall be with or without consideration to the

Government on the basis of all the circumstances and factom involved

and with due regard to the acquisition cost of the casement to the

Government. The extent of such consideration shall be regarded as the

appraised fair market value of the easement. The disposal agency shall

document the circumstances and factors leading to such determination

and retain such documentation in its files.

Sec 101-47 .313-2 Grants of easements in or over Government

property.

The disposal agency may grant casements in or over real property on

appropriate terms ~d conditions: Provided, That Where the disposal

agency determines that the granting of such easement decreases the

vaJue of the propeny, the granting of the casement shall be for a

consideration not less than the amount by which the fair mxket vaJue

of the property is decreased.

Sec 101-47.314 Comptiinee.

Sec 101-47.314-1 General.

Subject to the provisions of Sec. 101-47.314-2(a), rquiring referral

of criminal matters to the Department of Justice, each disposal agency

shall perform such investigatory functions as are necessary to insure

compliance with the provisions of tie Act and with the regulations,

orders, directives. and policy statements of the Administrator of

General Services.

Sec. 101-47.314-2 Extent of investigations.

(a) Referral to other Government agencies. All information

indicating violations by any person of Federal criminal statutes, or

violations of section 209 of the Act, including but not limited to fraud

against the Government. mail fraud, bribery, attempted bribery, or

criminal collusion. shall be referred immediately to the Department of

Justice for further investigation and disposition. ~ch disposal agency

shall make available to the Department of Justice, or to such other

governmental investigating agency to which the matter maybe referred

by the Department of Justice, all pertinent information and evidence

concerning the indicated violations; shall desist from further

investigation of the criminaf aspects of such matters except upon the

rquest of the Department of Justice; and shafl cooperate fully with the

agency assuming final jurisdiction in establishing proof of criminal

violations. After making the necessary rcfemd to the Department of

Justice, inquiries conducted by dispossd agency compliance

organizations shall be limited to obtaining information for

administrative purposes. Where irregularities reported or discovered

involve wrongdoing on the part of individuals hoIding positions in

Government agencies other than the agency initiating the investigation,

the case shall be reported immediately to the Administrator of General

Services for an examination in the premises.

(b) Compliance reports. A written report shall be made of all

compliance investigations conducted by each agency compliance

organization. Each disposal agency shall maintain centralized files of

afl such reports at its respective departmental offices. Until otherwise

directed by the Administrator of General Services, there shall be

transmitted promptly to the Adtrrinisvator of General Services one

copy of any such report which contains information indicating

criminality on the part of any pmon or indicating noncompliance with

the Act or with the regulations, orders, directives and policy statements

of the Administrator of General Services. In transmitting such reports

to the Adminisuator of Gcnerat Services, the agency shaJl set forth the

action taken or contemplated by the agency to correct the improper

conditions established by the investigation. Where any matter is

referred to the Depamnent of Justice, a copy of the letter of referral

shall be transmitted to the Administrator of General Services.

Subpart 10147.4-Management of Excess and Surplus Real

Propeny

Sec. 101-47.400 Scope of subpart.

This subpart prescribes the policies and methods governing the

physical care, handling, protection, and maintenance of excess real

prope~ and surplus real property, including related personal property,

within the States of dre Union, the District of Columbia, the

Commonwealth of Puerto Rico, American Samoa. Guam, the Trust

Territory of the Pacific Islands, and the Virgin Islands.

[47 FR 45X?, Feb. 1. 1982]

Sec. 10147.401 General provisions of subpart.

Sec. 101-47 .401-1 Policy.

his the policy of the Administrator of General Services:

(a) That the management of excess real propcfiy and surplus real

property, including related pcrsonrd property, shall provide only those

minimum services necessary to preserve the Government’s interest

therein, realizable value of the property considered.

(b) To place excess real property and surplus real property in

productive use through interim utilization: Provided, That such

tempormy use and occupancy will not interfere with, delay, or retard its

transfer to a Federal agency or disposal.

(c) That excess and surplus rcaJ prope~ which is dangerous to the

public health or safety shaJl be destroyed or rendered innocuous.

December 1997 E-27
41 CFR Part 101-47: Federal ProRertv Management Regulations

Sec. 101 AI7.4O1-2 Definitions.

As used in thk subpart, the following terms shall have the meanings

set forth below:

(a) Maintenance. The upkeep of properry only to the extent

necessary to offset serious deterioration; also such opxarion of

utilities, including

water supply and sewerage systems, heating, plumbing, and aircondltioning equipmenL as may be necessary for fire protection, the

needs of interim tenants, and persomel employed at the site, and the

rcquiremenLs for preserving certain types of equipment.

(b) Repairs. Those additions or changes that arc necessary for the

protection and maintenance of property to deter or prevent excessive or

rapid deterioration or obsolescence. and to restore property damaged by

storm, flood, fire, accident, or earthquaJce.

Sec. 101-47 .401-3 Taxes and other obligations.

Payments of taxes or payments in lieu of taxes (in the event of the

enactment hereafter of legislation by Congress authorizing such

payments upon Government-owned property which is not legally

assessable), rents, and insurance premiums and otJrer obligations

pending h-artsfer or disposal shall be the responsibility of the holding

agency.

Sec. 101-47.401-4 Decontamimtion.

The holding agency shall be responsible for ail expense to the

Government and for the supervision of decontamination of excess and

surplus real property that has been subjected to contamination with

hazardous materials of any sort. Extreme care must be exercised in the

decontamination, and in the management and disposal of contaminated

property in order to prevent such propefiies becoming a hazard to the

general public. The disposal agency shall be made cognizant of any

and all inherent hazards involved relative to such properry in order to

protect the general public from hazards and to preclude the

Government from any and all Iiability resulting from indiscriminate

disposal or mishandling of contaminated property,

Sec. 101-47.401-5 Improvements or alterations.

Improvements or rdterations which involve rehabilitation,

reconditioning. conversion, completion, additions, and replacements in

sumctures, uaiities, instdarions, and land betterments, may be

considered in those cases where disposal cannot otherwise be made,

but no commitment thesefor shall be entered into without prior

approvaJ of GSA,

Sec. 101-47 .4W-6 Interim use and occupancy.

When a revocable agreement to place excess real propmy or surplus

real property in productive use has been made. the agency executing

the agreement shall be responsible for the serwicing thereof.

Sec. 10147.402 Protection and maintenance.

[49 FR 1348, Jan. 11, 1984]

Sec. 101-47.402-1 Responsibility.

The holding agency shall retain custody and accountability for

excess and surplus real prope~ including related personal propmy

and shall perform the protection and maintenance of such propeny

pending its transfer to another Federal agency or its disposal.

Guidelines for protection and maintenance of excess and surplus real

propmv arc in Sec. 101-47.4913. The holding agency shall be

responsible for complying with the requirements of the National Oil

and Hazardous Substances Pollution Contingency Plan and initiating

or cooperating with orhers in the actions prescribed for the prevention,

containment, or remedy of hazardous conditions.

[49 FR 1348, Jan. 11, 1984]

Sec. 101-47 .402-2 Expense of protection and maintenance.

(a) The holding agency shall be responsible for the expense of

protection and rnaintenancc of such propeny pending transferor

disposal for not more than 12 months, plus the Pried to the first&y of

the succeeding quarter of the fiscal year after the date that the property

is available for immediate disposition. If the holding agency requests

deferral of the disposal, continues to occupy the property beyond the

excess date to the detriment of orderly disposal, or otherwise takes

acaons which result in a delay in the dlspaition, the pied for which

that agency is responsible for such expenses shall be extended by the

period of delay. (See Sec. 101-47 .202-9.)

(b) In the event the propemy is not trartsfemed to a Federal agency or

disposed of during the period mentioned in paragraph (a) of this

section, the expense of protection and maintenance of such property

from and after the expiration &tc of said period shall be either paid or

reimbursed to the holding agency, subject to the limitations herein,

which payment or reimbursement shall be in the discretion of the

disposal agency. The maximum amount of protection and maintenance

to be paid or reimbursed by the disposal agency will be specified in a

written agreement between the boldhtg agency and the disposal agency,

but such payment or reimbursement is subject to the appropriations by

Congress to the disposal agency of funds sufficient to make such

payment or reimbursement. In accordance with the written agreement,

the disposal agency and the holding agency will sign an obligational

document only if and when Con=gess actually appropriates to the

disposal agency, pursuant to its request, funds sufficient to pay or

reimburse the holding agency for protection and maintenance

expenses, as agreed. In the absence of a written agreement, the holdhg

agency shall be responsible for all expenses of protection and

maintenance, without any right of contribution or reimbursement from

the disposal agency.

[49 FR 1348, Jan. 11, 1984]

See. 10147.403 Assistance in dqosition.

The holding agency is expected to cooperate with the disposrd

agency in showing the propeny to prospective transferees or

purchasers. Unless extraordinary expenses are incurred in showing the

property, the holding agency shall absorb the entire cost of such

actions. (See Sec. 101 -47.304-5.)

[36 FR 3894, Mar. 2, 1971]

Subpart 101 -47.5-Abandonment, Destruction, or Donation

to Public Bodies

Sec. 10147S00 Scope of subpart.

(a) This subparr prescribes the policies and methods governing the

abandonment. destruction. or donation to the public bodies by Federal

agencies of real property located within the States of the Union, the

District of Columbia, the Commonwealth of Puerto Rico, American

SamoA Guam, the Trust Territory of the Pacific Islands, and the Virgin

Islands,

(b) The subparr does not apply to surplus property assigned for

disposal to educational or public health institutions pursuant to section

203(k) of the Act.

[29 ~ 16126, MC. 3, IWI, as amended at 47 FR 4522, Feb. 1.

1982]

Sec. 101-47.501 General provisions of subpart.

E-28 December 1997
DoD Base Reuse Implementation Manual

Sec. 101-47 .501-1 Definitions.

(a) “NO commercial value” means real property, including related

personal property, which has no reasonable prospect of being disposed

of at a consideration.

(b) “Public body” means any State of the United States, the District

of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or

any political subdivision, agency, or instrumentidity of the foregoing.

Sec. 101-47 .501-2 Authority for disposal.

Subject to the restrictions in Sec. 101-47.502 and Sec. 101-47.503,

any Federal agency having control of real property which has no

commercial value or of which the estimated cost of continued care and

handling would exceed the estimated proceeds from its sale, is

authorized:

(a) To abandon or destroy Government-owned improvements and

related personal property located on privately owned land.

(b) To destroy Government-owned improvemerm and related

personal prope~ located on Government-owned land. Abandonment

of such properry is not authorized.

(c) To donate to public bodies any real property (land and/or

improvements and related personal prope~), or interests therein,

owned by the Government.

Sec. 101-47 .501-3 Dangerous property.

No prope~ which is dangerous to public health or safety shall be

abandoned, destroyed, or donated to public bodies pursuant to this

subpart without first rendering such property innocuous or providing

adequate safeguards thercfor.

Sec. 101-47.501-4 Findings.

(a) No properry shall be abandoned, destroyed, or donated by a

Federal agency under Sec. 101-47.501-2, unless a duly authorized

official of that agency finds, in writing, either that(1) such properry

has no commercial value, or (2) the estimated cost of its continued care

and handling would exceed the estimated proceeds from its side. Such

finding shall not be made by any official directly accounmble for the

property covered thereby.

(b) Whenever all the propefiy proposed to be disposed of hereunder

by a Federal agency at any one location at any one time had an original

cost (estimated if not known) of more than $1,000, findings made

under Sec. 101- 47.501-4(a), shall be approved by a reviewing

authority before any such disposal.

Sec. 101-47.502 Donations to public bodies.

Sec. 101-47.502-1 Cost firnitstions.

No improvements on land or related personal propmy having an

original cost (estimated if not known) in excess of $250,CO0 and no

land, regardless of cost, shall be donated to public bodies without the

prior concurrence of GSA. The request for such concurrence shatl be

made to the regional office of GSA for the region in which the property

is located.

Sec. 10147.502-2 Disposal costs.

Any public body receiving improvements on land or related personal

property pursuant to this subparr shall pay the disposal costs incident

to the donation, such as dismantling, removal, and the cleaning up of

the premises.

Sec. 101-47.503 Abandonment and destruction.

See. 101-47 .503-1 General.

(a) No improvements on land or related personal properry shall be

abandoned or destroyed by a Federal agency unless a duly authorized

oftlcial of that agency finds, in writing, tht donation of such property

in accordance with the provisions of this subpart is not feasible. This

finding shall be in addition to the finding prescribed in Sec. 101-

47.501-4. If at any rime prior to actuat abandonment or destruction the

donation of the property pursuartt to this subpart becomes feasible,

such donation will be accomplished.

(b) No abandonment or destruction shall be made in a manner which

is detrimental or dangerous to public heafrh or safety or which will

cause infringement of the rights of other persons.

(c) The concurrence of GSA shafl be obtained prior to the

abandonment or destruction of improvements on land or related

pesxonal property(1) which had an original cost (estimated if not

known) of more than S50,000, or (2) which are of permanent type

construction, or (3) where their retention would enhance the value of

the underlying land, if it were to be made available for sale or lease.

Sec 101-47 .503-2 Notice of proposed abandonment or

destruction.

Except as provided in Sec. 10 I -47.503-3, improvements on land or

related personal prope~ shall not be abandoned or desuoyed by a

Federal agency until after public notice of such proposed abandonment

or destruction. Such notice shall be given in the area in which the

property is located, shall contain a general description of the property

to be abandoned or destroyed, and shall include an offering of the

property for srde. A copy of such notice shall be given to the regional

office of GSA for the region in which the property is located.

Se~ 101-47.503-3 Abandonment or destruction without notice.

If(a) the property had an original cost (estimated if not known) of

not more than $1,000; or (b) its value is so low or the cost of its care

and handling so great that its retention in order to pat public notice is

clearly not economical; or (c) immediate abandonment or destruction is

required by considerations of health, safety, or security; or (d) the

assigned mission of the agency might be jeopardized by the delay, and

a finding with respect to paragraph (a), (b), (c), or (d) of this section, is

made in writing by a duly authorized ot%cial of the Federal agency and

approved by a reviewing authority, abandonment or destruction may be

made without public notice. Such a finding shall be in addition to the

findings prescribed in Sees. 101-47 .501-4 and 101-47.503-l(a).

Subpart 101-47.6-Delegations

Sec. 10147.600 Scope of subpart.

This subparr sets forth the special delegations of authority granted

by the Administrator of GeneraI Services to other agencies for the

utilization and disposal of certain real property pursuant to the Act.

Sec. 101-47.601 Delegation to Department of Defense.

(a) Authority is delegated to the Secretary of Defense to determine

that excess real property and related personal propefiy under the

control of the Department of Defense having a total estimated fair

market value, including all the component units of the property, of less

than $15,000 as determined by the Department of Defense, is not

required for the needs and responsibilities of Federal agencies; and

thereafter to dkpose of said property by means deemed advantageous

to the United States.

(b) Prior to such determination arrd disposal. the Secretary of

Defense shall take steps as maybe appropriate to determine that the

properry is not required for the needs of any Federal agency.

(c) The authority confemed in this Sec. 101-47.601 shafl be

exercised in accordance with the Act and regulations issued pursuant

thereto, except that the reporting of such property to GSA under

Subpart 101-47.2 shali not be required.

(d) The authority delegated in this Sec. 101-47.601 maybe

redelegatcd to any officer or employee of the Department of Defense.

[29 FR 16126, Dec. 3.1964, as amended at 31 I% 16780, Dec. 31,

1966; 56 FR 56935, NOV. 7, 1991]

December 1997 E-29
41 CFR Part 101-47: Federal Property Management Regulations

Sec. 101-47.602 Delegation to the Department of Agriculture.

(a) Authority is delegated to the Secretary of Agriculture to

determine that excess real property and related personal property under

the control of the Department of Agrictrltum having a total estimated

fair market value, including all the component units of the property, of

less than $15,000 as determined by the Department of Agrictrlnrre, is

not required for the needs and responsiblliries of Federal agencies; and

thereafter to dispose of said property by means deemed advantageous

to the United States.

(b) Prior to such determination and disposal, the Secretary of

Agriculture shall take steps as maybe appropriate to determine that the

property is not required for the needs of any Federal agency.

(c) The authority conferred in this Sec. 101-47.602 shall be

exercised in accordance with the Act and regulations issued pursuant

thereto, except that the repordng of such propemy to GSA under

Subpart 101-47.2 shaIl not be required.

(d) The authority delegated in this Sec. 101-47.602 maybe

redelegate to any officer or employee of the Department of

Agriculture.

[29 FR 16126, Dec. 3, 19M. as amended at 31 FR 16780, Dec. 31,

1966; .56 FR 56936, NOV. 7, 1991]

Sec. 101-47.603 Delegations to the Secretary of the Interior.

(a) Authority is delegated to the Secretary of the Interior to maintain

custody and control of an accounmbility for those mineral resources

which may be designated from time to time by the Administrator or his

designee and which underlie Federal properry currently utilized or

excess or surplus to rJe Government’s needs. Authority is also

delegated to the Secretary to dispose of such mineral resources by lease

and to administer my leases which are made,

(1) The Secretary may redelegate this authority to any officer.

official, or employee of the Department of the Interior.

(2) Under this authority, the Secretary of the Interior, as head of the

holding agency is responsible for the following: (i) Maintaining proper

inventory records, and (ii) monitoring the minerals as necessary to

ensure that no unauthorized mining or removal of the minerals occurs.

(3) Under this authority, the Secretary of the Interior, as head of the

disposrd agency, is responsible for the foIlowing: (i) Securing, in

accordance with Sec. 101-47.303-4, any appraisals deemed necessary

by the Secretary; (ii) coordinating with all surface landowners, Federal

or othetwise, so as not to unduly interfere with the surface use; (iii)

ensuring that the lands which may be disturbed or danraged are

restored after removal of the mineral deposits is completed; and (iv)

notifying the Administrator when the disposal of all marketable

mineral deposits has been completed.

(4) The Secretary of the Interior. as head of the disposal agency. is

responsible for complying with the applicable environmental laws and

regulations, including (i) the National Environmental Policy Act of

1969, as amended (42 U.S.C. 4321, et seq.) and the implementing

regulations issued by the Cooncil on Environmenrrd Quality (40 CFR

Part 1500); (ii) Section 106 of the National Historic Preservation Act

of 1966 (16 U.S .C. 470f); and (iii) the Coastal Zone Management Act

of 1972 (16 U.S.C. 1451, et seq.) and the Department of Commerce

implementing regulations (15 CFR Parts 923 and 930).

(5) The Secretary of the Interior will forward promptly to the

Administrator copies of any agreements executed under this authority.

(6) The Secretary of the Interior will provide to the Administrator art

annual accounting of the proceeds received from leases executed under

this authority,

(b) Authority is delegated to the Secretary of the Interior to

determine that excess real properry and related personal properry under

his control having a total estimated fair market value, including all

components of the propeW, of less than S 15.000 as determined by the

Secretary, is not required for the needs and responsihilities of Federal

agencies; and thereafter to dispme of the propefiy by means most

advantageous to the United States.

(I) Prior to such determination and disposal. the Secretary of the

Interior shall determine that the propefiy is not required for the needs

of any Federal agency.

(2) The authority conferred in this Sec. 101-47,603 (b) shall be

exercised in accordance with the Act and regulations issued pursuant

thereto, except that the reporting of such propmy to GSA under

Subpart 10147,2 shafl not be required.

(3) The authority delegated in this Sec. 101-47.603(b) maybe

redelegate to any officer or employee of the Department of the

Interior.

[48 FR 50893, Nov. 4, 1983, x amended at 56 FR 56936, Nov. 7,

1991]

See. 101-47.604 Delegation to the Department of the Interior, the

Department of Health and Human Services, and the Department

of Education.

(a) The Secretary of the Interior, the Secrem.ry of Health and Human

Services, and the Secretary of Education, are delegated authority to

transfer and to retransfer to each ocher, upon request, any of the

property of either agency which is being used and wiil continue to be

used in the adminismation of any functions relating ro the Indians. The

term “property,” as used in this Sec. 101-47.604, includes real property

and such personal property as the Secretary making the transfer or

retransfer determines to be related personal property.

(b) Tltk authority shall be exercised only in connection with

properry which the Secretary transferring or retransferring such

property determines:

(I) Comprises a functional unit;

(~) Is l~ted within the United S@tes; ~d

(3) Has an acquisition costofS100,0QO or less: Provided, however,

That the uansfer or retransfer shrdl not include property situated in any

area which is recognized a.. an urban area or place for the purpose of

the most recent decennial census.

(c) No screening of the pro~rty as required by the regulations in tlis

Part 101-47 need be conducted, it having been determined that such

screening among Federal agencies would accomplish no useful purpose

since the property which is subject to transfer or retransfer hereunder

will continue to be used in the administration of any functions relating

to the Indians.

(d) Any such transfer or remansfer of a specific property shall be

without reimbursement excepc

(1) Where funds programmed and appropriated for acquisition of the

property are available to the Se.metary requesting the transferor

recransfeq or

(2) Whenever reimbursement at fair value is required by Subpart

101-47.2.

(e) Where funds were not programed and appropriated for

acquisition of the property, the Secretary requesting the transfer or

retransfer shall so certify. Any determination necessary to carry out the

authority contained in this Sec. 101-47.604 which otherwise would be

required under this part to be made by GSA shall be made by the

Secretary marrsfernng or rcrransfernng the property.

(Q The authority conferred in this Sec. 101-47.604 shall be exercised

in accordance with such other provisions of the regulations of GSA

issued pursuant to the Act as may be applicable.

(g) The SeCrCtW of the Interior, the Secretary of Health and Human

Services, and the Secretary of Education, are authorized to redelegate

any of the authority contained in this Sec. 101-47.604 to any officers

or employees of their respective departments.

[29 FR 16126. Dec. 3, 1964. x amended at 56 FR 56936. Nov. 7,

1991]

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DoD Base Reuse Implementation Manual

Subpart 101-47.7-Conditional Gifts of Real Property To

Further the Defense Effort

Sec. 101-47.700 Scope of subpart.

This subpart provides for acceptance or rejection on behalf of the

United States of arty gift of rerd property offered on condition that it be

used for a particular defense purpose and for subsequent disposition of

such property (Act of July 27, 1954, (50 U.S.C. 1151-1 156)).

[40 FR 12079, Mar. 17, 1975]

Sec. 10147.701 Offers and acceptance of conditional gifta.

(a) Any agency receiving an offer of a conditional gift of real

propcny for a particulw defense purpose within the purview of the Act

of July 27, 1954, shall notify the appropriate regional office of GSA

artd shall submit a recommendation as to acceptance or rejection of the

gift.

(b) Prior to such notification. the receiving agency shall

acknowledge receipt of the offer and advise the donor of its referral to

the GSA regional ot%ce, but should not indicate acceptance or

rejection of the gift on behalf of the United States. A copy of the

acknowledgment shall accompany the notification and

recommendation to the regional offke,

(c) When the gift is determined to be acceptable and it can be

accepted and used in the form in which offered, it will be transferred

without reimbursement to an agency dcaiemated by GSA for use for the

particular purpose for which it was donated.

(d) If the gift is one which GSA determines may and should be

converted to money, the funds, afrcr conversion, will be deposited with

the Treasury Department for transfer to an appropriate account which

will best effectuate the intent of the donor, in accordance with Treasury

Department proccdums.

Sec. 101-47.702 Consultation with agencies.

Such conditional gifts of real properry will be accepted or rejected

on behalf of the United States or transferred to an agency by GSA, only

after consultation with the interested agencies.

Sec. 10147.703 Advice of disposition.

GSA will advise the donor and the agencies concerned of the action

taken with respect to acceptance or rejection of the conditional gift and

of its final disposition,

Sec. 101-47.704 Acceptance of gifts under other laws.

Nothing in this Subparr 101-47,7 shafl be construed as applicable to

the acceptance of gifts under the provisions of other laws,

Subpart 101-47.8-identification of Unneeded Federal Real

Property

Sec. 101-47.800 Scope of subpart.

This subpart is designed to implemenL in part, section 2 of

Executive Order 12512, which provides, in part, hat the Administrator

of General Services shall provide Govemmentwide policy, oversight

and guidance for Federal reaJ property management. The Administrator

of General Services shall issue standards, procedures, and guidelines

for the conduct of surveys of real property holdings of Executive

agencies on a continuing basis to identify properties which are not

utilized, are underutilized. or arc not being put to their optimum use;

and make reports describing any propefiy or portion thereof which has

not been reported excess to the requirements of the holdbtg agency and

which, in the judgment of the Administrator, is not utilized, is

underutilized, or is not being put to optimum use, and which hc

recommends should be repemed as excess property. The provisions of

this subpart are presently limited to fee-owned properties and

supporting leaseholds and lesser interests located within the States of

the United States, the District of Columbia. the Commonwealth of

Puefio Rico, American Samoa, Guam, the Trust Territory of the Pacific

Islands, and the Virgin Islands, The scope of this subpart maybe

enlarged at a later date to include real properry in additional

geographical areas and other interests in real property.

[51 FR 193, Jan. 3, 1986]

Se~ 10147.801 Standards.

Each executive agency shall use the foIlowing standards in

identifying unneeded Federal property.

(a) Definitions--(l) Not utilized. “Not utilized” means an entire

property or portion thereof, with or without improvements. not

occupied for current program purposes of the accountable executive

agency, or occupied in caretaker status only.

(2) Underutilized. “Underutilized” means an entire property or

pordon thereof, with or without improvements:

(i) Which is used only at irregular pmiods or intermittently by the

acanurtable executive agency for current pro-garn purposes of that

agency; or

(ii) Which is used for current program purposes that cart be satisfied

with only a portion of the property.

(3) Not being put to optimum use. “Not being put to optimum use”

means an entire properry or portion thereof, with or without

improvements, which:

(i) Even though utilized for current program purposes of the

accountable executive agency is of such nature or value, or is in such a

location that it could be utilized for a different significantly higher and

better purpose; or

(ii) The costs of occupying are substantially higher than would be

applicable for other suitable properties that could be made available

to the accountable executive agency through transfer, purchase, or

lease with total net savings to the Government after consideration of

properry values as well as costs of moving, occupancy, et%ciency of

operations, environmental effects, rcgionaJ planning, and employee

morale.

(b) Guidelines. The following general guidelines shafl be considered

by each executive agency in its annual review (see Sec. 101-47.802):

(1) Is the property being put to its highest and best use?

(i) Consider such aspects as surrounding neighborhood, zoning, and

other environmental factors;

(ii) IS present use compatible with State, regional, or local

development plans and programs?

(iii) Consider whether Federal use of the prope~ would be justified

if rental charge equivalent to commercial rates were added to the

program costs for the function it is serving.

(2) Arc operating and maintenance costs excessive compared with

those of orher similar facilities?

(3) Will contemplated program changes alter propcfly requirements?

(4) Is all of the property essential for program requirements?

(5) Will local zoning provide sufficient protection for necessary

buffer zones if a portion of the property is released?

(6) Are buffer zones kept to a minimum?

(7) Is the present propcmy inadequate for approved future programs?

(8) Can net savings to the Nation be realized through relocation

considering property prices or rentals, costs of moving, occupancy, and

increase in efficiency of operations?

(9) Have developments on adjoining nonfederally owned land or

public access or road rights-of-way granted across the Govemmentowned land rendered the property or any prtion thereof unsuitable or

unnecessary for program requirements?

(10) If Federal employees arc housed in Government-owned

residentird property, is the local market willing to acquire Govemmentowned housing or can i~ provide the necessary housing and other

related services that will permit the Government-owned housing area to

December 1997 E-31
41 CFR Part 101-47: Federal ProDertv Management Regulations

k released? (Provide statistical data on cost and availability of housing

on the local market.)

(11) Can the land be disposed of and program requirements satisfied

through reserving rights and interests to the Government in the

property if it is relemed?

(12) IS a portion of arty prope~ being retained primarily because the

present boundaries are marked by the existence of fences, hedges,

roads, and utility systems?

(13) Is arty land being retained merely because it is considered

undesirable property due to topographical features or to encumbrances

for rights-of-way or because it is believed to be not disposable?

(14) Is land being retained merely because it is landlocked?

(15) Is there land or space in Government-owned buildings that can

be made available for utilization by others within or outside

Government on a temporary basis?

[35 FR 5261, Mar. 28, 1970. as amended at 37 FR 5030, Mar. 9,

1972; 40 FR 12079, Mar. 17. 1975]

Sec. 101-47.802 Procedures.

(a) Executive agency annual review. Each executive agency shall

make an annual review of its property holdlngs.

(1) In making such annual reviews, each executive agency shall use

the standards set fortJr in Sec. 10147.801 in identifying properry that

is not utilized, is underutilized, or is not being put to its optimum use.

(2) A written record of the review of each individurd facility shafl be

prepared. The written review record shall contain comments relative to

each of the above guidelines and an overall map of tire facility showing

property boundaries, major land uses, improvements, safety zones,

proposed uses, and regulations or other authorizations that sanction the

requirement for and usage made of or proposed for individual parcels

of the property. A copy of the review record shall be made available to

GSA upon request or to the GSA survey representative at the time of

the survey of each individual facility.

(3) Each executive agency shall, as a result of its annual review,

determine, in its opinion, whether any portion of its property is not

utilized, is underutilized. or is not being put to optimum use. With

regard to each property, the following actions shall be taken:

(i) When the property or a portion thereof is determined to be not

utilized, the executive agency shall:

(A) Initiate action to release the property; or

(B) Hold for a foreseeable future program use upon determination by

the head of the executive agency, Such detemrination shaJl be fully and

completely documented and the determination and documentation kept

available for GSA review (see Sec. 101-47 .802(b) (3)(ii)(B)). If

property of this type which is being held for future use can be made

available for temporruy use by orhers, the executive agency shall notify

the appropriate regional office of GSA before any permit or license for

use is issued to another Federal agency or before any out-lease is

granted by the executive agency. GSA will advise the executive agency

whether the property should be permitted to another Federal agency for

temporary use and will advise the executive agency the name of the

Federrsf agency to whom the permit shall be granted.

(ii) When the pro~rty is determined to be underutilized, the

executive agency shafl:

(A) Limit the existing progmrn to a reduced area and initiate action

to release dre remainder; or

(B) Shift present use imposed on the propemy to another properry so

that release action may be initiated for tie property under review.

(iii) When. b=ed on ~ indepth study and evaluation, it is

de~ermined that the property is not being put to its optimum use, the

executive agency shall relocate the current program whenever a

suitable alternate site, necessary funding, and legislative authority are

available to accomplish that purpose. When the site, funding, or

legislative authority are not available, a special report shall be made to

the appropriate regional office of GSA for its consideration in

obtaining possible assistance in accomplishing relocation.

(b) GSA Survey. Pursuant to section 2 of Executive Order 12512,

GSA will conduct, on a continuing basis, surveys of real property

holdings of afl Executive agencies to identify properties which, in the

judawent of tie Administrator of Generaf Setvices. are not utilized, are

underutilized, or are not being put to their optimum use.

(1) GSA surveys of the real property holdings of executive agencies

will be conducted by officials of the GSA Central Office and/or

regional offices of GSA for the propetty witfth’t the geographical area

of each region.

(i) The head of the field office of the agency having accountability

for the facility will be notified in advance of a scheduled GSA survey

and furnished at that rime with copies of these regulations.

(ii) The head of that field office shall mange for an appropriate

official of the executive agency having necessary authority, and who is

sufficiently knowledgeable concerning the pro~rty and current and

futurr pro- uses of the properry, to be available to assist the GSA

representative in his sumey.

(2) [Reserved]

(3) To facilitate the GSA survey, executive agencies shall:

(i) Cooperate fully with GSA in its conduct of the surveys; and

(ii) Make available to the GSA survey representative records and

information pertinent to the description and to the current and

proposed use of the propemy such as:

(A) Brief description of facilities (number of acres, buildings, and

supporting facilities);

(B) The most recent utilization report or analysis made of the

property including the written record of the annual review made by the

agency, pursuant to Sec. 101-47.802(a), together with any supporting

documents;

(C) Demil maps which show prope~ boundaries, tnsjor land uses,

improvements, safety zones, proposed uses, and regulations or other

authorizations that sanction the usage made or proposed for individurd

parcels or the entire property; drawings; artd layout pkms.

(4) Upon receipt of notification of the pending GSA survey, the

executive agency shall initiate action immediately to provide the GSA

representative with an escort into classified or sensitive areas or to

inform that representative of steps that must be taken to obtain

necessary special security clearances or both.

(5) Upon completion of the field work for the survey:

(i) The GSA representative will so inform the executive agency

designated pursuant to 10147.802(b)(1). To avoid any possibility of

misunderstanding or premature publicity, conclusions and

recommendations will not be discussed with this official, However,

sumey teams should discuss the facts they have obtained with local

officials at the end of the survey to ensure that all information

necessary to conduct a complete survey is obtained. The GSA

representative will evaluate and incorporate the results of the field

work into a survey report and forward the survey report to the GSA

Central Office.

(ii) The GSA Central Office wiIl notify the head of the Executive

agency or his designee, in writing, of the survey findings ardor

recommendations. A copy of the sutvey report will be enclosed when a

recommendation is made that some or all of the real property should be

reported excess, and the comments of the Executive agency will be

requested thereon. The Executive agency will be afforded 45 calendar

days from the date of the notice in which to submit such comments. If

the case is resolved, GSA Central Office will notify the head of the

Executive agency or his designee, in writing. of the resolution, and the

case will be completed at such time as the agency completes all

resolved excess and/or d@osal actions. The agency will be afforded a

period of 90 calendar days from the date of the notice to complete such

actions.

(iii) -(iv) [Reserved]

E-32 December 1997
DoD Base Reuse Implementation Manual

(v) If the case is not resolved, the GSA Central Offrce will request

assistance of the Executive Office of the President to obtain resolution.

[35 FR 5261, Mar. 28, 1970, as amended at 36 FR 7215, Apr. 16,

1971 ; 37 FR 5030, Mar. 9, 1972; 42 FR 40698, Aug. 11, 1977; 48 FR

25200, June 6, 1983;51 FR 194, Jan. 3, 1986]

Subpart 101-47.9 Use of Federal Real Property to Assist the

Homeless

SOURCE: 56 FR 23794, May 24, 1991, unless otherwise noted

Sec. 101-47.901 Definitions.

Applicant means any representative of the homeless which has

submitted an application to the Department of Health and Human

Services to obtain use of a particular suitable propty to assist the

homeless.

Checklist or property checklist means the form developed by HUD

for use by landholding agencies to report the information to be used by

HUD in making determinations of suits.tility,

Classification means a property’s desigmtion as unutilized,

underutilized, excess. or surplus.

Day means one calendar &y including weekends and holidays.

Eligible organization means a State, unit of local government or a

private non-profit organization which provides assistance to the

homeless, and which is authorized by its charter or by State law to

enter into an agreement with the Federal government for use of real

property for the purposes of this subparr. Representatives of the

homeless interested in receiving a deed for a particular piece of surplus

Federal property must be section 501(c)(3) tax exempt.

Excess property means any properry under the control of any Federal

executive agency that is not required for the agency’s needs or the

discharge of its responsibilities, as determined by the head of the

agency pursuant to 40 U.S.C, 483.

GSA means the General Semites Administration.

HHS means the Department of Health and Human Services.

Homeless means:

(1) An individual or family that lacks a fixed, regular, and adequate

nighttime residence; and

(2) An individual or family that has a primary nighttime residence

that is:

(i) A suwwised publicly or privately operated shelrer designed to

provide temporary living accommodations (including welfare hotels,

congregate sheliers, and transitional housing for the mentally ill);

(ii) An institution that provides a temporary residence for

individuals intended to be instimtionalized; or

(iii) A public or private place not designed for, or ordinarily used as,

a regular sleeping accommodation for human beings. This term does

not include any individual imprisoned or otherwise detained under an

Acr of the Congress or a State law.

HUD means the Department of Housing and Urban Development,

lCH means the Interagency Council on the Homeless.

LarrdhoIding ageney means a Federal department or agency with

statuto~ authority to control real properry.

Lease meanri an a.grcement between either the Department of Health

and Human Services for surplus pro~ny, or landholding agencies in

the case of non- excess properties or propefiies subject to the Base

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687),

arrd the app[ican~ giving rise to the relationship of lessor and lessee for

the use of Federal real property for a term of at Iew one yea under the

conditions set fofi in the lease document.

Non-profit organization means an organization no part of the net

earnings of which inures to the benefit of any member, founder,

contributor, or individual; that has a voluntary board; that has an

accounting system or has designated an entity that will maintain a

functioning accounting system for the organization in accordance with

generally accepted accounting procedures; and that practices

nondiscrimination in the provision of assistance.

Permit means a license granted by a landholding agency to use

unutilized or underuriIized property for a s~citic amount of time under

terms and conditions &termined by the hmdholdlng agency.

Property means real property consisting of vacant land or buildlngs,

or a portion thereof, that is excess, surplus, or designated as unutilized

or underutilized in surveys by the heads of kmdholding agencies

conducted pursuant to section 202(b)(2) of the Federal Prqerry and

Administrative Services Act of 1949 (40 U.S.C. 483@)(2).)

RegionaI Homeless Coordinator means a rcgiomd coordinator of the

Interagency Council on the Homeless.

Representative of the Homeless mean.. a State or local government

agency, or private nonprofit organization which provides, or proposes

to provide, setwices to dre homeless.

Screen means the prme.w by which GSA surveys Federal agencies,

or State, local and non-profit entities, to determine if any such entity

has an interest in using excess Federaf property to carry out a particulm

agency mission or a specific public use.

State Homeless Coordinator means a state contact person designated

by a state to receive and disseminate information and communications

received from the Intcmgency Council on the Homeless in accordance

with section 210(a) of the Stewart B. McKinney Act of 1987, as

amended,

Suitable property means that HUD has determined that a particular

property satisfies the criteria listed in Sec. 101-47.906.

Surplus pmpcrry means any excess real property not required by any

Federal landholding agency for its needs or the discharge of its

responsibilities, as determined by the Administrator of GSA.

Underutilized means an entire property or portion thereof, with or

without impmvemenrs which is used only at irregular periods or

interrnittcntl y by the accountable landholding agency for current

program purposes of that agency, or which is used for current program

purposes that can be satisfied with only a portion of the property.

Unsuitable property means that HUD has determined that a

particular property does not satisfy the criteria in Sec. 101-47.906.

Unutilized pmpcrty means an entire property or portion thereof, with

or without improvements, not occupied for current program purposes

for tbe accountable executive agency or occupied in caretaker status

only.

Sec. 101-47.902 Applicsbitity.

(a) This part applies to Federal real property which has been

designated by Federal landholding agencies as unutilized,

underutilized, excess or surplus and is therefore subject to the

provisions of title V of the McK1nney Act (42 U.S.C. 1141 1).

(b) The following categories of properties arc not subject to this

subpart (regardless of whether they maybe unutilized or underutilized).

(1) Machinery and equipment.

(2) Government-owned, contractor-operated machinery, equipment,

land, and other facilities reported excess for safe only to dre using

contractor and subject to a continuing military requirement.

(3) Properties subject to special legislation directing a particular

action.

(4) Properties subjecr to a Court Order.

(5) Property not subject to survey requirements of Executive Order

12512 (April 29, 1985).

(6) Mineral rights interests.

(7) Air Space interests.

(8) Indian Reservation land subject to section 202(a)(2) of the

Federal Property and Adminiswative Service Act of 1949, as amended.

(9) Prop@ interests subject to reversion.

(10) Easements.

(11) Property purchased in whole or in part with Federal funds if

title to the properry is not held by a Federal landholding agency as

defined in this Part.

December 1997 E-33
41 CFR Part 101-47: Federal Propetty Management Regulations

Sec. 101-47.903 Collecting the information.

(a) Canvass of landholding agencies. On a quarterly basis, HUD will

canvass landholding agenaes to coIlect information about property

described as unutilized, underutilized, excess, or surplus. in surveys

conducted by the agencies under section 202 of the Federal Propc~

and Administrative Set’vi= Act (40 U.S.C. 483), Executive Order

12512, and 41 CFR part 101-47.800. Each canvass will collect

information on properties not previously reported and about propcmy

reported previously the statws or classification of which ha.. changed or

for which any of the information reported on the property checklist hzcs

changed.

(1) HUD will request descriptive information on properties sufficient

to make a reasonable determination, under the criteria described below,

of the suitability of a property for use as a facility to assist the

homeless.

(2) HUD will direct landholding agencies to respond to requests for

information within 25 days of receipt of such requests.

(b) Agency Annual Report. By December 31 of each year, each

landholding agency must notify HUD regarding the current availability

status and classification of each property controlled by the agency that:

(1) Was included in a list of suitable propeties published that year

by HUD, and

(2) Remains available for application for use to assist the homeless,

or has become available for application during that year.

(c) GSA Inventory. HUD will collect information, in the same

manner as described in pamgraph (a) of this section, from GSA

regarding property that is in GSAS current inventory of excess or

suspius property.

(d) Change in Status. If the information provided on the properry

checklist charges subsequent to HUDS determination of suitability,

and the property remains unutilized, underutilized, excess or surplus,

the landholding agency shall submit a revised property checklist in

response to the next quarterly canvass. HUD will make a new

determination of suitability and, if it differs from the previous

determination, republish the property information in the Federal

Register. For example, property determined unsuitable for national

security concerns may no longer be subject to security restrictions, or

propcny determined suitable may subsequently be found to be

contaminated.

Sec. 101-47.904 Suitability determination.

(a) Suitability determination. Within 30 days after the receipt of

information from landholding agencies regarding properties which

were reported pursuant to the canvass described in Sec. 10147.903(a),

HUD will determine, under criteria set forth in Sec. 101-47.906, which

properties are suitable for use as facilities to assist the homeless and

report its determination to the landholding agency. Properties that are

under lease, contract, license. or agreement by which a Federal agency

retains a real property intercsl or which arc scheduled to become

unutilized or underutilized will be reviewed for suitability no earlier

than six months prior to the expected date when the property will

become unutilized or underutilized, except that properties subject to

the Bme Closure and Rcdignment Act maybe reviewed up to eighteen

months prior to the expected date when the propaty will become

unutilized or underutilized.

(b) Scope of suitability. HUD will determine the suitability of a

property for use as a facility to assist the homeless without regard to

any pticulm use.

(c) Environmental information. HUD will evaluate the

environmental information contained in property checklists for.varded

to HUD by the larrdholdlng agencies solely for the purpose of

determining suitability of properties under the criteria in Sec. 101-

47.906.

(d) Written record of suitability determination. HUD will assign an

identification number to each property reviewed for suitability. HUD

will maintain a written public record of the following:

(1) The suitability determination for a particular piece of propc~,

and the reasons for that determination; and

(2) The landholding agency’s response to the detemrination pursuant

to the requirements of Sec. 101-47.907(a).

(e) Propcmy determined unsuitable. Property that is reviewed by

HUD under this section and that is determined unsuitable for use to

assist the homeless may not te made available for arty other purpose

for 20 days after publication in the Federal Register of a Notice of

unsuitability to allow for review of the determination at the request of a

mprcsentative of the homeless.

(Q Procedures for appealing unsuitability determinations.

(1) To request review of a determination of unsuitability, a

representative of the homeless must contact HUD within 20 days of

publication of notice in the Federal Register that a property is

unsuitable. Requests may be submitted to HUD in writing or by caliing

1-800-927-7588 (Toll Free). Written requests must be received no later

than 20 days after notice of unsuitability is published in the Federal

Register.

(2) Requests for review of a determination of unsuitability maybe

made only by representatives of the homeless, as defined in section

101-47.901.

(3) The request for review must specify the grounds on which it is

based, i.e., that HUD has improperly applied the criteria or that HUD

htm relied on incorrect or incomplete information in making the

determination (e.g., that property is in a floodplain but not in a

floodway).

(4) Upon receipt of a request to review a determination of

unsuitability, HUD will notify the landholding agency that such a

request has been made, request that the agency respond with any

information prrinent to the review, and advise the agency that it

should refrain from initiating dispesal procedures untd HUD has

completed its reconsideration regarding unsuitability.

(i) HUD will act on afl requests for review within 30 days of receipt

of the landholdksg agency’s response arrd will notify the representative

of the homeless and the landholding agency in writing of its decision.

(ii) If a property is determined suitable as a result of the review,

HUD will request the landholding agency’s determination of

availability y pursuant to Sec. 101-47,907(@, upon receipt of which

HUD will promptiy publish the determination in the Federal Register.

If the determination of unsuitability stands, HUD will inform the

representative of the homeless of its decision.

Sec. 101-47.905 Real property reported excess to GSA.

(a) Each landholding agency must submit a report to GSA of

properties it determines excess. Each landholding agency must also

provide a copy of HUD’s suitability determination, if any, including

HUDS identification number for the property.

(b) If a landholding agency reports a property to GSA which has

been reviewed by HUD for homeless assistance, suitability and HUD

determined the property suitable. GSA will screen the properry

pursuant to Sec. 10 l-47.905(g) and will advise HUD of the availability

of the properry for use by the homeless as provided in Sec. 101-

47.905(e). In lieu of the above. GSA may submit a new checklist to

HUD and follow the procedures in Sec. 101-47.905(c) through Sec.

lol-47.905(g).

(c) If a landholding agency r-eprts a pro~rty to GSA which has not

bear reviewed by HUD for homeless assistance suitability, GSA will

complete a property checklist. ba..ed on information provided by the

landholding agency, and will forward thk checklist to HUD for a

suitability determination. This checklist wiIl reflect any change in

classification, i.e.. from unutilized or underutilized to excess.

(d) Within 30 days after GSA’s submission, HUD will advise GSA

of the suitability determination.

(e) When GSA receives a letter from HUD listing suitable excess

properties in GSAk inventory. GSA will transmit to HUD within 45

E-34 December 1997
DoD Base Reuse Implementation Manual

days a response which includes the following for each identified

properry:

(l) A statement that there is no other compelling Federal need for

the propefiy. and therefore. the property will be determined surplus; or

(2) A statement that there is further and compelling Federal need for

the property (including a full explanation of such need) and that,

therefore, the property is not presently available for use to assist the

homeless.

(f) When an excess property is determined suitable and available and

notice is published in the Federal Register, GSA will concurrenrfy

notify HHS, HUD, State and local government units, known homeless

assistance providers that have expressed interest in the particular

property, and other organizations, as appropriate, concerning suitable

propernes.

(g) Upen submission of a Report of Excess to GSA, GSA may

screen the prope% for Federal use. In addition, GSA may screen State

and local governmental units and eligible nonprofit organizations to

determine interest in the propmry in accordance with current

regulations. (See 41 CFR 101-47.203-5, 101-47 .204-1 and 101-

47.303-2.)

(h) The landholding agency will retain custody and accountability

and will protect and maintain any propcmy which is reported excess to

GSA as provided in 41 CFR 101-47.402.

See. 101-47.906 Suitability criteria.

(a) All properties, buildings and land will be determined suitable

unless a propsrty’s characteristics include one or more of the following

conditions:

(1) National security concerns. A property located in an area to

which the general public is denied access in the interest of national

security (e.g., where a special pass or security clearance is a condition

of entry to the property) wiIl be determined unsuitable. Where

alternative access can be provided for the public without

compromising national security, the property will not be determined

unsuitable on this basis.

(2) Property containing flammable or explosive materials. A

propwry located within 2000 feet of an industrial, commercial or

Federal facility handling flammable or explosive material (excluding

underground storage) will be determined unsuitable. Above ground

containers with a capacity of 100 gallons or less, or larger containers

which provide the heating or power source for the properry, and wh;ch

meet local safety, operation, and permitdng strutdards, will not affect

whether a particular properry is determined suitable or unsuitable.

Underground storage, gasoline stations and tank rrucks are not

included in this category and their presence will not be the basis of an

unsuitability determination unless there is evidence of a threat to

personal safety as provided in paragraph (a)(5) of this section.

(3) Runway clear zone and military airtield clear zone, A property

located within an airport runway clear zone or military air-tleld clear

zone will be determined unsuitable.

(4) Floodway. A properry located in the floodway of a 100 year

floodplain will be determined unsuitable. [f the floodway has been

contained or corrected, or if only an incidental portion of the property

not affecting the use of the remainder of the property is in the

floodway, the propetty will not be determined unsuitable.

(5) Documented deficiencies. A property with a documented and

extensive condition(s) that represents a clear threat to personal physical

safety will be determined unsuitable. Such condkions may inchsde, but

are not limited to, contamination, structural damage or extensive

deterioration, friable asbestos. PCB’S, or natural hazardous substances

such as radon, periodic flooding, sinkholes or earrb slides.

(6) Inaccessible. A properry that is inaccessible will be determined

unsuitable. An inaccessible propmy is one that is not accessible by

road (including property on small off-shore islands) or is land locked

(e.g.. can be reached only by crossing private properry and there is no

established right or means of en~),

Sec 101-47.907 Determination of availability.

(a) Witbin 45 days after receipt of a letter from HUD pursuant to

101 -47.904(a), each landholding agency must transmit to HUD a

statement of one of the following:

(1) In the case of unutilized or underutilized property:

(i) An intention to declare the properry excess,

(ii) An intention to make the properry available for use to assist the

homeless, or

(iii) the reasons why the property cannot be declared excess or made

available for use to assist the homeless, The reasons given must be

different than those listed as suitability criteria in section 101-47.906.

(2) In the case of excess property which had previously been

reported to GSA:

(i) A statement that there is no compelling Federal need for the

propeny, and that, therefore, the propetty will be determined surplus;

or

(ii) A statement that there is a further and compelling Federal need

for the properry (including a full explanation of such need) and that,

therefore, the property is not presently avtilable for use to assist the

homeless.

Sec. 101-47.908 Public notice of determination.

(a) No later than 15 days after the last 45 day period has elapsed for

receiving res~nses from the landholding agencies regarding

availability, HUD will publish in the Fedeml Register a list of all

properties reviewed, including a description of the property, its

address, and classification. Tbe following designations wiIl be made:

(1) Properties that are suitable and available.

(2) Properties that are suitable and unavailable.

(3) Properties that are suitable and to be declared excess.

(4) Properties that are unsuitable.

(b) Information about specific properties can be obtained by

contacting HUD at the following toll free number, 1-800-927-7588.

(c) HUD will transmit to the lCH a copy of the list of aIl properties

published in the Federal Register. The ICH will immediately distribute

to all state and regional homeless coordinators area-relevant portions of

the list. The ICH will encourage the state and regional homeless

coordinators to disseminate this information widely.

(d) No later than February 15 of each year, HUD shall publish in the

Federal Register a list of all properties s-qxn-ted pursuant to Sec. 101-

47.903(%).

(e) HUD shall publish an annual list of properties determined

suitable but which agencies reported unavailable including the reasons

such properties are not available.

(f) Copies of the lists published in the Federal Register will be

available for review by the public in the HUD headquarters building

library (room 8141 ); area-relevant portions of the lists will be available

in the HUD regional offices and in major field ol%ces,

Sec. 10147.909 Application process.

(OMB approval number 09370191)

(a) Holding period.

(1) Propmies published w available for application for use to assist

the homeless shall not be available for any other purpose for a period

of 60 days beginning on the date of publication. Any representative of

the homeless interested in any underutilized. unutilized, excess or

surplus Federal propetty for use as a facility to assist the homeless must

send to HHS a written expression of interest in that propefiy withhr 60

days after the property has been published in the Federrd Register.

(2) If a written expression of interest to apply for suitable property

for use to assist the homeless is received by HHS within she 60 day

hoMing period. such property may not be made available for any other

purpose until the date HHS or the appropriate landholding agency has

completed action on the application submitted pursuant to that

expression of interest.

December 1997 E-35
41 CFR Part 101-47: Federal Property Management Regulations

(3) The expression of interest should identify the specific properry,

briefly describe the proposed use, include the name of the organization,

and indicate whether it is a public body or a private non-profit

organization. The expression of interest must be sent to the Division of

Health Facilities Planning (DHFP) of the Department of Health and

Human Services at the following address:

Dkector, Division of Health Facilities Planning, Public Health

Service, Room 17A- 10, Parklawn Building, 5600 Fishers Lane,

Rockville, Maryland 20857.

HHS will notify the landholding agency (for unutilized rmd

underutilized properties) or GSA (for excess and surplus properties)

when an expression of interest has been received for a particular

pro~rty.

(4) An expression of interest maybe sent to HHS any rime after the

60 day holding period has expired. In such a case, an application

submitted pursuant to this expression of interest may be approved for

use by the homeless it

(i) No application or written expression of interest has been made

under any law for use of the property for any purpose; and

(ii) In the case of excess or surphss propetty, GSA has not received a

bona fide offer to purchase that prope~ or advertised for the sale of

the property by public auction.

(b) Application Requirements. Upon receipt of an expression of

interest, DHFP will send an application packet to the interested entity.

The application packet requires the applicant to provide certain

information, including the following----

(1) Description of the applicant organization. The applicant must

document that it satisfies the definition of a “representative of the

homeless.”’ as specified in section 101-47.901 of this subpart. The

applic~t must document its authority to hold real property. Private

non-profit organizations applying for deeds must document that they

are section 501 (c)(3) tax-exempt.

(2) Description of the property desired. The applicant must describe

the properry desired and indicate that any mdlfications made to the

property will conform to local use resrnctions except for local zoning

regulations.

(3) Description of the proposed program. The applicant must fully

describe the proposed program and demonstrate how the program will

address the needs of the homeless population to be assisted. The

applicant must fully describe what modifications will be made to the

prope~ before the program becomes operational.

(4) Ability to finance and operate the proposed program. The

applicant must specifically describe all anticipated costs and sources of

funding for the proposed program. The applicant must indicate that it

cars assume care, custody, and maintenance of the prepay and that it

has the necessary funds or the ability to obtain such funds to carry out

the approved program of use for the property.

(5) Compliance with non-discrimination requirements. Each

applicant ad lessee under this part must certify in writing tit it will

comply with the requirements of the Fair Housing Act (42 U.S.C.

3601 -19) and implementing regulations: and as applicable, Executive

Order 11063 (Equal Opportunity in Housing) and implementing

regulations; title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d

to d~) (Nondiscrimination in Federafly Assisted Programs) and

implementing regulations; the prohibitions against discrimination on

the basis of age under the Age Dkicriminarion Act of 1975 (42 U.S.C.

6101 -07) and implementing regulations; and the prohibitions against

otherwise qualifted individuals with handicaps under section 504 of

the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing

regulations. The applicant must state that it will not discriminate on the

basis of race, color, national origin, religion, sex, age, familial status,

or handicap in the use of the properry, and will maintain the required

records to demonstrate compliance with Federal laws,

(6) Insurance. The applicant must certify that it will insure the

property against loss. damage, or destruction in accordance with the

requirements of 45 CFR 12.9.

(7) Historic preservation. Where applicable, the applicant must

provide information that will enable HHS to comply with Federal

historic preservation requirements.

(8) Environmental information. The applicant must provide

sufficient information to allow HHS to analyze the potential impact of

the applicant’s proposal on the environment in accordance with the

instructions provided with the application packet. HHS will assist

applicants in obttining any pertinent environmental information in the

possession of HUD, GSA, or the landholding agency.

(9) Local government notification. The applicant must indicate that

it has informed the applicable unit of general local government

responsible for providing sewer, water, police, and fw services, in

writing of its proposed program.

(10) Zoning and Local Use Restrictions. The applicant must indicate

that it will comply with all local use restrictions, including local

building code requirements. Any applicamt which applies for a lease or

permit for a particular property is not required to comply with local

zoning requirements. Any applicant applying for a deed of a particular

property, pursuant to section 101-47.909(b)(3), must comply with local

zoning requirements, as specified in 45 CFR part 12.

(c) Scope of evaluations, Due to the short time frame imposed for

evaluating applications, HHS’ evaluation will, generally, be limited to

the information contained in the application.

(d) Deadline. Completed applications must be received by DHFP, at

the above address, witfin 90 days after an expression of interest is

received from a particular applicant for that property. Upon written

request from the applicant, HHS may grant extensions, provided that

the appropriate landholding agency concurs with the extension.

Because each applicant will have a different deadline based on the date

the applicant submitted an expression of interest, applicants should

contact the individual landholding agency to confirm that a particular

property remains available prior to submitting an application.

(e) Evaluations.

(1) Upon receipt of rm application, HHS will review it for

completeness, and, if incomplete, may return it or ask the applicant to

furnish any missing or additional required information prior to final

evaluation of the application.

(2) HHS will evaluate each completed application within 25 days of

receipt and will promptly advise the applicant of its decision.

Applications are evaluated on a first-come. first-seine basis. HHS will

notify all organizations wh]ch have submitted expressions of interest

for a particular property regarding whether the first application

received for that property has been approved or disapproved. All

applications will be reviewed on the basis of the following elements,

which are listed in descending order of priority, except that paragraph

(e)(2)(iv) and (e)(2)(v) of this section are of equal impomnce.

(i) Services offered. The extent and range of prrpsed services, such

as meals, shelter, job training, and counseling.

(ii) Need. The demand for the program and the de-gee to which the

available property will be fully utilized.

(iii) Implementation Time. The amount of time necessary for the

proposed program to become operational.

(iv) Experience. Demonstrated prior success in operating similar

programs and recommendations attesting to that fact by Federat, State,

and local authorities.

(v) Financial Ability. The adequacy of fundkrg that will likely be

available to run the program fully and properly and to operate the

facility.

(3) Additional evaluation factors may be added as deemed necessay

by HHS. If additional factors =e added. the application packet will be

revised to include a description of these additional factors.

(4) If HHS receives one or more competing applications for a

property within 5 days of the first application HHS will evaluate all

E-36 December 1997
DoD Base Reuse Implementation Manual

completed applications simultaneously. HHS will rank approved

applications based on the elements listed in section 101-47.908(e)(2),

and notify the landholding agency, or GSA, as appropriate, of the

relative ranks.

Sec. 101-47.910 Action on approved applications.

(a) Unutilized and underutilized properties.

(1) When HHS approves an application, it will so notify the

applic~t and fomard a copy of the application to the kmdholding

~gency. The i~dholding agency will execute the lease, or permit

document, as appropriate. in consultation with the applicant.

(2) The hmdhokiing agency maintains the discretion to decide the

following

(i) The length of time the property will be available. (h- and

permits will be for a period of at least one year unless the applicant

requests a shorter term.)

(ii) Whether to grant use of the properry via a lease or perrni~

(iii) The terms and conditions of the lease or permit document.

(b) Excess and surplus propfies.

(1) When HHS approves an application, it will so notify the

applicant and request that GSA assign the propeny to HHS for leasing.

Upon receipt of the assignment, HHS will execute a lease in

accordance with the procedures and requirements set out in 45 CFR

part 12. In accordance with41 CFR 101-47.402, custody and

accountability of the property will remain throughout the lease term

with the agency which initially reported the properry as excess.

(2) Prior to assi=went to HHS, GSA may consider orher Federal

uses and other important national needs; however, in deciding the

disposition of surplus real propwty, GSA will generally give priority of

consideration to uses to assist the homeless. GSA may consider any

competing request for the property made under section 203(k) of the

Federal Properry and Administrative Services Act of 1949 (40 U.S.C.

484(k)) that is so meritorious and compdling that it outweighs the

needs of the homeless, and HHS may likewise consider arty competing

request made under subsection 203(k)(1) of that law.

(3) Whenever GSA or HHS decides in favor of a competing request

over a request for property for homeless assistance use as provided in

paragraph (b)(2) of skis section. the agency making the decision will

transmit to the appropriate committees of the Corygwss an explanatory

statement which details the need satisfied by conveyance of the surplus

property, and the reasons for determining that such need was so

meritorious and compelling as to ourweigh the needs of the homeless.

(4) Deeds. Surplus property may be conveyed to representatives of

the homeless pursuant to section 203(k) of the Federal Prope~ and

Administrative Sen’ices Act of 1949 (40 U.S.C. 484(k)(l), and section

501(f) of the McKirmey Act as amended, 42 U.S.C. 11411.

Representatives of the homeless must complete the application packet

pursuant to the requirements of section 101-47.909 of this part and in

accordance with the requirements of 45 CFR part 12,

(c) Completion of Lease Term ond Reversion of Title. Lessees and

grantees will be responsible for the protection and maintenance of the

property during the time chat they possess the property. Upon

termination of the lease term or reversion of title to the Federal

government. the Ies.see or grantee will be responsible for removing any

improvements made to the property and will be responsible for

restoration of the property. If such improvements arc not removed, they

will become the property of the Federal government, GSA or the

landholding agency. as appropriate, will assume responsibility for

protection and maintenance of a property when the lease terminates or

title reverts.

Sec. 101-47.912 No applications approved.

(a) At the end of the 60 day holding period described in Sec. 101-

47.909(a), HHS will notify GSA, or the landholding agency, as

appropriate, if ~ expression of interest has been received for a

pwticular property. Where there is no expression of interest. GSA or

the landholding agency, as appropriate, wilI proceed with disposal in

accordance with applicable law.

(b) Upon advice from HHS that all applications have been

disapproved, or if no completed applications or requests for extensions

have been received by HHS witilrt 90 days from the date of the last

expression of interesL disposal may proceed in accordance with

applicable law.

Subparta 101-47.10-101-47.48 [Reserved]

Subpart 101-47.49-illustrations

Sec. 101-47.4900 Scope of subpart.

This subpart sets forth certain forms and illustrations referred to

previously in this part. Agency field offices should obtain the GSA

forms prescribed in this subpart by submitting their future

requirements to their Washington headquarters office which will

forward consoli&ted annual requirements to the General Services

Administration (BRAF), Washington, DC 20405. Standard forms

should be obtained from the nearest GSA supply distribution facility.

[40 FR 12080, Mar. 17, 1975]

Sec. 101-47.4901 [Reserved]

Sec. 101-47.4902 Standard Form 118, Report of Excess Real

Property.

Sec. 10147 .4902-1 Standard Form 118A Buildings, Structures,

Utilities, and Miscellaneous Facilities.

Sec. 101-47.4902-2

Sec. 101-47.4902-3

Property.

Sec. 101-47.4902-4

Standard Form l18b, Land.

Standard Form llflcj Related Personal

Instructions for the preparation of Standard

Form 118, and Attachment% Standard Forms lltla, l18b, and

118c.

[33 FR 12003, Aug. 23, 1968, as amended at 36 FR 9022, May 18,

1971]

Sec. 101-47.4904 GSA Form 1334, Request for Transfer of Excess

Real and Related Personal Property.

Note: The illustitions in Sec. 101-47.4904 are tiled as part of the

ongin~ document ~d do not appeu in the Federal Register or the

Code of Federal Regulations.

[42 FR 40698, Aug. 11, 1977]

Sec. 101-47 .4904-1 Instructions for preparation of GSA Form

1334, Request for Transfer of Excess Real and Related Personal

Property.

Note: The illustrations in Sec. 101-47 .4904-1 we filed as part of the

original document and do not appezu in the Federal Register or the

Code of Federal Regulations.

[42 FR 40698, .4ug. 11, 1977]

Sec. 101-47.4905 Extract of statutes authorizing disposal of

surplus real property to public agencies.

December 1997 E-37
41 CFR Part 101-47: Federal Property Management Regulations

x: 16 U.S.C. 667b-d. Disposals for wildlife conservation

purposes.

Tyoe of mooenv “: Any surplus red properry (with or without

improvements) that can be utilized for wildlife conservation purposes

other than migratory birds. exclusive of(1) oil, gas, and mineral rights,

artd (2) property which the holding agency has requested

reimbursement of the net proceeds of disposition pursuant to section

X34(C) of the Act.

Elioible uublic aeencw The agency of the State exercising the

administration of the wildlife resources of the State.

_ 23 U.S.C. 107~d317. ~ISPOS~S for Feder~ id ~d o~er

highways.

Tvoe of moocrtv *: Any real property or interests therein determined

by the Secretary of Transportation to be reasonably necessary for the

n~ht-of- way of a Feded- aid or other highway (including control of

access thereto from adjoining lands) or as a source of material for the

construction or maintenance of any such highway adjacent to such real

property or interest therein. exclusive of ( 1 ) oil, gas, and mineral rights;

and (2) property which the holding agency has requested

reimbursement of the net prcceeds of disposition pursuant to section

204(c) of the Act.

Eli~ible oublic asencv State wherein the propefiy is situated (or

such political subdivision of the State as its law may provide).

including the District of Columbia artd commonwealth of Puerto Rico.

m 40 U.S.C. 122. Transfer to the Dkri.ct of Columbia of

jurisdiction over properties within the Dktrict for administration and

maintenance under conditions to be agreed upon.

TVDC of oroomly: Any surplus real property, except property for

which the holdkrg agency has requested reimbursement of the net

proceeds of disposition pursuartt to section 204(c) of the Act.

Elitible rmbIic a=ency D@ict of Columbia.

_ 40 U.S.C. 345c. Disposals for authorized widening of public

Klghways, streets, or alleys.

Tvee of urooertv *: Such interest in surplus real prope~ as the head

of the disposal agency determines will not be adverse to the interests of

the United States, exclusive of(1) oil, gas and mineral rights; (2)

property subject to disposal for Federal aid and other highways under

the provisions of 3 U.S.C. 107 and 317; and (3) properfy which the

holding agency has requested reimbursement of the net proceeds of

disposition pursuant to section 204(c) of the Act.

Eliszible twbiic a~ency State or politicaf subdivision of a State.

_ 40 U,S,C. 484(e)(3)(H). Disposals by negotiations.

Tvoe of Dm!X~ : Any surplus real property including related

personal property.

Elioible mrb]ic agencv: Any State; the Dktrict of Columbiz any

territory or possession of the United States; and any instrumentafity,

political subdivision, or tax-supported agency in any of them.

_ 40 U.S.C. 484(k)(l)(A). Disposals for school, classroom, or

other educational purposes.

TVDC of urooerty *: Any surplus real property, including buildings,

fixtures, and equipment situated thereon, exchssive of ( 1 ) oil, gas, and

mineral rights; and (2) propcrry which the holding agency has

requested reimbursement of the net proceeds of disposition pursuant to

section XM(C) of the Act.

Elitible trublic agencies: Any State; the Dkr-ict of Columbia; any

territory or possession of the United States; and arty instrumenrrdity,

political subdivision, or tax-supported educational institution in any of

them.

-.40 U,S.C. 484(k)(I )(B). Disposals for public health

purposes including research.

Tvoc O f DrDOCrty *: Any surplus real property, including buildings,

futures, and equipment situated thereon, exclusive of(1) oil, ,gss, and

mineral rights; and (2) prope~ which the holding agency has

requested reimbursement of the net proceeds of disposition pursuant to

section 204(c) of the Act.

Eligible cmblic asencies: Any State; the District of Columbia; any

territory or possession of the United States; and any instrumentafity.

political subdivision, or tax-supported medical institution in any of

them.

=:40 U.S.C. 4fWk)(2). Dispos~s for public p~k or recreation

areas.

Tvoc of vrooeny “: Any surplus real property recommended by the

Secretary of the Interior as bc@ needed for use as a public park or

recreation area, including buildings, fixtures, and equipment situated

thereon, exclusive of(1) oil, gas. and mineral rights; (2) improvements

without land; (3) military chapels subject to dkposal as a shrine,

memorial, or for religious purposes under the provisions of Sec. 101-

47.308-5; and (4) property which the holding agency has requested

reimbursement of the net proceeds of disposition pursuant to section

204(c) of the Act.

Elitible mrblic agencies: Any State; the District of Columbia; any

tenitory or possession of the United States; arrd arty instrumentality or

ptiitical subdivision in any of them.

-40 U.S.C. 484(k)(3). D@x@ for historic monumen~.

TVW Of DmOCltY : Any surplus real and related pcrsonrd property,

inclu&sg buildings, fixtures, and equipment situated thereon,

exclusive of(1) oil, gas, and mineral rights; (2) improvements without

km~ (3) military chapels subject to disposal as a shrine, memorial, or

for religious purposes under dre provisions of Sec. 101-47.308-5; and

(4) property which the holding agency has requested reimbursement of

the net proceeds of disposition pursuant to section 204(c) of the Act.

Before prope~ maybe conveyed under thk statute, the Secretary of

the Interior must determine tiat the property is suitable and desirable

for use as a historic monument for the benefit of the public. No

property shall be determined to be suitable or desirable for use as a

historic monument except in conformi~ with the recommendation of

the Advisory Board on National Parks, Historic Sites. Buildings, and

Monuments established by section 3 of the act entitled “An Act for the

preservation of historic American sites, buildings, objects, and

antiquities of national significance, and for other purposes,” approved

Aug. 21, 1935 (49 Stat. 666). and only so much of any such property

shall be so determined to be suitable or desirable for such use as is

necessasy for the preservation and property observation of its historic

features. The Administrator of General Services may authorize the use

of the property conveyed under this subsection for revenue-producing

activities if the Secretary of the Interior(1) determines that such

activities are compatible with use of the property for historic

monument purposes, (2) approves the grantee’s plan for repair.

rehabilitation, restoration, and maintenance of the property, (3)

aPProve5 grantee’s plan for financing repairs, rehabilitation. restoration,

artd maintenance of the properry which must provide that incomes in

excess of the costs of such items shall be used by the .-tee only for

public historic presemation, park, or recreational purposes, and (4)

aPProves the grantee’s accounting and financial procedures for

recording and repordrrg on revenue- producing activities.

Elitible rmblic agencies: Any State; the District of Columbia; any

territory or possession of the United States; and any instmmentafity or

political subdivision in any of them.

-.40 U.S.C. 484(p). D@osals for correctional facilities.

TvDe of Drooerty : Any surplus real and related personal property,

including buildings, fixtures, and equipment situated thereon,

exclusive of(1) oil, gas, and mineral rights; (2) improvements without

land; (3) military chapels subject to disposal as a shrine, memorial, or

E-38 December 1997
DoD Base Reuse Implementation Manual

for religious purposes under the provisions of Sec. 101-47.308-5; and

(4) property which the holding agency has requested reimbursement of

the net proceeds of disposition pursuant to section 204(c) of the Act.

Before property may be conveyed under this statute, the Attorney

General must determine that the property is required for comectional

facility use and approve an appropriate program or project for the care

or rehabilitation of criminal offenders.

Elieible uubiic agencies: Any State; the Dktrict of Columbiw any

territory or possession of the United States; and any instrumentality or

political subdivision in any of them.

_ 40 U.S.C. 484(q). Disposals for port facility purposes.

Tvoe of mooerrv: Any surplus real and related personal properry,

including buildings. fixtures, and equipment situated thereon,

exclusive of (1) oil, gas. and mineral rights; (2) improvements without

land; (3) military chapels subject to disposal as a shrine, memorial, or

for religious purposes under the provisions of Sec. 101-47.308-5; and

(4) property which the holding agency has requested reimbursement of

the net proceeds of disposition pursuant to section 204(c) of the ActBefore properry maybe conveyed under this statute, the Secretary of

Transportation must determine, after consultation with the Secretary of

Labor, that the property is located in an area of serious economic

disruption; and approve, after consultation with the Secrctasy of

Commeree, an economic development plan associated with the plan of

use of the propeny.

E1itzible uub]ic aeencies: Any Stare; the District of Columbia; any

territory or possession of the United States; and any instrumentality or

political subdivision in any of them.

_ 49U.S.C.47151. Dkposals for public airport purposes.

Tvoe of urooeny*: Any surplus real or personal property, exclusive

of(1) oil, gas and mineral rights; (2) military chapels subject to

disposaI as a shrine, memorial or for religious purposes under the

provisions of Sec. 101- 47.308-5; (3) property subject to disposal as a

historic monument site under the provisions of Sec. 101-47.308-3; (4)

properry the highest and the best use of which is determined by the

dispesal agency to be industrial and which shall be so classified for

disposal, and (5) property which the holding agency has requested

reimbursement of the net proceeds of disposition pursuant to section

X)4(C) of the Act.

Eligible rrublic asencies: Any State. the District of Columbia; any

territory or possession of the United Stares; and any instrumentality or

political subdivision in any of them.

_ 50 U.S.C. App. 1622(d). Disposals of power transmission

lines needful for or adaptable to the requirements of a public power

project.

Tvoc of oroocrtv*: Any surplus power mansrnission line and the

right-of-way squired for its construction.

Eli=ible oublic a~encv: Any State or political subdivision thereof or

any State agency or insoumentality.

*The Commissioner, Public Buildings Service, GeneraI Set-vices

Administration, Washington. DC 20405. in appropriate instances, ma)

waive any exclusions listed in this description, except for those

rcquimd by law,

[FMPR Amdt, H-192, 60 FR 35708, July 11, 1995]

Sec. 101-47.4906 Sample notice to public agencies of surplus

determination.

Notice of Surplus Determination--Govemment Properry

.--- —----- .-. --. ----. ---------——— . . . . . ..-. —.- . -------------------

(Date)

--------------------------------------------------------------------

(Name of propen!y)

Notice is hereby given that the above described propefiy has been

determined to be surplus Government propny. The property consists

o f _ acres of fee land, more or less. together with easements and

improvements as follows:

This propeny is surphts property available for disposal under the

provisions of the Federal Properry and Administrative Services Act of

1949 (40 U.S.C. 471 et seq.), as amended, certain related laws, and

applicable regulations. The applicable regulations provide that nonFederal public agencies shall be allowed a reasonable period of time to

submit a formal application for surplus real property in which they may

be interested. Disposal of this property, or portions thereof, maybe

made to public agencies for the public uses listed below whenever the

Government determines that the proprmy is available for such uses and

that disposal thereof is authorized by the statutes cited and applicable

regulations. (Note: List only those statutes and types of disposal

appropriam to the particulm surplus property described in the notice,)

16 U.S.C. 667 b-d Wildlife consewation.

23 U.S.C. 107 and317 Federrd aid and certain other highways.

40 U.s.c. 122 Transfer to the District of Columbia.

40 U.s.c. 345C Widening of highways, streets, or alleys.

40 U.S.C. 484(e)(3)(H) Negotiated sales for general public purpose

uses,

(Note: This statute should not be listed if the

affected surplus property has an estimated value of

less than $10,000.)

40 U.S.C. 484(k)(l)(A) School, classroom, or other educational

purposes.

40 U.S.C. 484(k)(l)(B) Protection of public health, including

research.

40 U.S.C. 484(k)(2) Public park or recreation area.

40 U.S.C. 484(k)(3) Historic monument.

40 U.S.C. 484(p) Correctional facility.

40 U.S.C. 484(q) Port facility.

49 U.s.c, 47151 Public airport.

50 U.S.C. App. 1622(d) Power transmission lines.

If any public agency desires to acquire the property under any of the

cited statutes. notice thereof must be filed in writing with (Insert

name and address of disposal agent y):

-------------------------------------------------------------------------- .

Such notice must be filed not later than— ------------------------------

(Insert date of the 21st day following the date of the notice.)

Each notice so tiled shall:

(a) Disclose the contemplated use of the property;

(b) Contain a citation of the applicable statute or statutes under

which the public agency &sires to procure the prope~;

(c) Disclose the nature of the interest if an interest less than fee title

to the property is contemplated;

(d) State the length of time required to develop and submit a formal

application for the property. (Where a payment to the Government is

required under the statute, include a statement as to whether funds are

available and, if not, the period required to obtain funds.); and

(e) Give the reason for the time required to develop and submit a

formal application.

Upon receipt of such written notices, the public agency shall be

promptly informed concerning the period of time that will be allowed

December 1997 E-39
41 CFR Part 101-47: Federal Property Mana~ement Regulations

for submission of a forrmd application. in the absence of such written

notice, or in the event a public use proposal is not approved, the

regulations issued pursuant to authority contined in the Federal

Property and Administrative Services Act of 1949 provide for offering

the property for safe.

Application forms or instructions to acquire property for the public

uses listed in thk notice may be obtained by contacting the following

Federal agencies for each of the indicated purposes:

(Note: For each public purpose statute listed in this notice, show the

name, address, and telephone number of the Federal agency to be

contacted by interested public body applicants.)

[FMPR Amdt. H-192, 60 FR 35710, July 11, 1995]

Sec. 101-47.4906a Attachment to notice sent to zoning authority.

Federrd Properry and Administrative Services Act of 1949, As

Amended

TitJe VHI--UrbarI Land Utilization

DISPOSAL OF URBAN LANDS

Sec. 803

(a) Whenever the Administrator contemplates the disposal for or on

behalf of any Federal agency of any real property situated within an

urban area, he shall, prior to offering such land for sale, give

reasonable notice to the head of the governing body of the unit of

generaJ locrd government having jurisdiction over zoning and land-use

regulation in tie geographical area within which the l~d or lands are

located in order to afford the government the opportunity of zoning for

the use of such land in accordance with local comprehensive planning.

(b) The Administrator, to the greatest practicable extent, shall

furnish to all prospective purchasers of such real property, full and

complete information concerning:

(1) Current zoning regulations and prospective zoning requirements

and objectives for such properry when it is unzoned: and

(2) Current availability to such property of streets, sidewalks,

sewers, water, street lights, and other service facilities and prospective

availability of such services if such proprmy is included in

comprehensive planning.

[34 FR 11210, July 3, 1%9]

Sec. 101-47.4906b Paragraph to be added to letter sent to zoning

authority.

As the head of the governing body of the unit of general local

government having jurisdiction over zoning and land-use regulations in

the geographical area within which this surplus property is located, you

also may be interested in section 803 of the Federal Property and

Administrative Services Act of 1949, as amended, 82 Stat. 1105, a

copy of which is attached for ready reference. his requested that the

information contemplated by section 803(b) be forwarded this office

within the same 20-calendar-day period prescribed in the attached

notice of surpi us determination for the advising of a desire to acquire

the property. If the property is unzoned and you desire the opportunity

to accomplish such zoning in accordance with local comprehensive

planning pursuant to section 803(a), please so advise us in writing

within the same time frame and let us know the time you will require

for the promulgation of such zoning regulations. We will not delay sale

of the property pending such zoning for more than 50 days from the

date of tiis notice. However, if you will not be able to accomplish the

desired zoning before the properry is placed on sale, we will advise

prospective purchasers of dre pending zoning in process.

[34 FR 11210, July 3. 1969]

Sec 101-47.4906-1 Sample letter for transmission of notice of

surplus determination.

--------------------- (Date)

Certified Mail--Return Receipt Requested

—.. --- . . ..- —-------------

——---— ------------

-—-------------------

(Addressee)

Dear --------–----------------:

The former -------------—-—–(Name of property),

--—---–-----–----(f..ucation) has been determined to& surplus

Government property and available for disposal.

Included in the attached notice arc a description of the pruperty and

procedural insrnsctions to be followed if any public agency desires to

submit an application for the property. Please note particularly the

name and address given for filing written notice if any public agency

desires to submit such an application, the time limitation within which

written notice must be filed. and the required content of such notice.

Additional instructions are provided for the submission of comments

regarding any incompatibility of the disposti with SII)’ pubfic agency”s

development plans and progrants.

in order to ensure that all interested paroles are informed of the

availability of this prope~, please post the additional copies of the

attached notice in appropriate conspicuous places./l/

NOTE /1/ Attach as many copies of the notice as may be anticipated

will be required for adequate posting.

A notice of surplus determination afso is tilng mailed to -------------

--—--- (Other addressees).

Sincerely,

Attachment

[34 FR 11211. July 3, 1969, as amended at 35 FR 8487, June 2,

1 970]

Sec. 101-47.4906-2 Sample letter to a state single point of contact.

(Date)

----------------------------------------------------- . . . . . . ..-

------------------------------------------------------------

. ..--.------- .-. — ---------- --. -—--. _-_ ——-. ---. ----- — ---------

(Addressee)

Dex-------------------------------------------------------------------

On July 14, 1982, the President issued Executive Order 12372,

“Intergovernmental Review of Federal Programs.” Thk Executive

order provides for State and local government coordination and review

of certain proposed Federal programs and activities, including real

propefiy dkposal actions of the General Services Administration.

Enclosed is a notice of surplus determination that has been sent to

appropriate public bodies advising them of the avaiitillity of the

described real property for public purposes. Surplus Federal real

property which is not acquired for State or local govemmentaJ public

purposes is generally offered for sale to the general public by

competitive bidding procedures.

No final d@osal action will be taken for 60 cafendar days from the

date of this letter to allow for the receipt of any comments from your

office

E-40 December 1997
DoD Base Reuse Implementation Manual

[52 FR 9831. Mar. ’27, 1987]

Sec. 101-47.4907 List of Federal real property holding agencies.

Note: The illustrations in Sec. 101-47.4907 are filed as part of the

original document and do not app=w in the Federal Register or the

Code of Federal Regulations.

[40 FR 12080, Mar. 17, 1975]

Sec. 101-47.4908 Excess profits covenant.

Excess profits Covenant for Negotiated Sales to Public Bodies

(a) This covenant shall run with the land for a period of 3 years from

the date of conveyance. With respect to the propcrry described in this

deed, if at any rime within a 3-year period from the date of transfer of

title by the Grantor. the Grantee, or its successors or assigns, shall sell

or enter into agreements to sell the property, either in a single

transaction or in a series of transactions, it is covenanted and agreed

that all proceeds received or to be received in excess of the Grantee’s or

a subsequent seller’s actual allowable costs wiIl be remitted to the

Grantor. In the event of a sale of less than the entire property, actual

allowable costs will be apportioned to the property based on a fair and

reasonable determination by the Grantor.

(b) For purposes of this covenant, the Grantee’s or a subsequent

seller’s allowable costs shall include the followin~

(1) The purchase price of the real property;

(2) The direct costs actually incumcd and paid for improvements

which setwe only the property, including road construction, storm and

sanitary sewer construction. other public facilities or utility

construction, building rehabilitation and demolition, landscaping,

grading, and other site or public improvements;

(3) The direct costs actually incurred and paid for design and

engineering semices with respect to the improvements described in

(b)(2) of this section; and

(4) The finance charges actually incurred and paid in conjunction

with loans obtained to meet any of the allowable costs enumerated

above.

(c) None of the allowable costs described in paragraph (b) of thk

section will be deductible if defrayed by FederaJ grants or if used as

matching funds to secure FederaJ grants.

(d) in order to verify compliance with the terms and conditions of

this covenant, the Grantee, or its successors or assigns, shall submit an

annual report for each of the subsequent 3 years to the Grantor on the

anniversary date of this deed. Each report will identify the properry

involved in tiis transaction and will contain such of the following

items of information as are applicable at the time of submission:

(1) A description of each portion of the property that has been

resold;

(2) The sale price of each such resold portion;

(3) The identity of each purchase~

(4) The proposed land use; and

(5) An enumeration of arty aflowable costs incurred and paid that

would offset any realized profit.

If no resale has been made, the report shall so state.

(e) The Grantor may monitor the propetty and inspect records related

thereto to ensure compliance with the terms and conditions of this

covenant and may take any actions which it deems reasonable and

prudent to recover any excess profits realized through the resale of the

propcny.

[51 FR 23760, July 1, 1986]

Sec. 101-47.4909 Highest and best use.

(a) Highest and best use is the most likely use to which a property

can be put, so as to produce the highest monetary return from the

property, promote its maximum value, or serve a public or institutional

purpose. The highest and best use determination must be based on the

property’s economic potential, qualitative values (social and

environmental) inherent in the property itself, and orher utilization

factors controlling or directly affecting land use (e.g. zoning, physical

characteristics, private and public uses in the vicinity, neighboring

improvements. utility services, access, roads. location, ~d

environmental and historical considerations). Projected h:ghest and

best use should not be remote, speculative, or conjectural.

(b) An analysis and determination of highest and best use is based

on information compiled from the propc~ inspection and

environmental assessment. Major considerations include:

(1) Present zoning category (check one or more as appropriate).

Industrial -...

Single family residential ----

Multiple family residential ----

CommerciaUrctail ----

Warehouse ----

Agriculture ----

Institutional or public use ---

Other (spccify)-————— .—---. -.. -.. — -------------

-----------------------------------------------------------------

------------------------------------------------------------------ .

Not zoned ----

Zoning proceeding pending Federal disposaf ----

Category ~~sd ------------------------------------------------

(2) Physical characteristics. (Describe land and improvements and

comment on property’s physical characteristics including utility

services, access, environmental and historical aspects, and other

significant factors) ----------------------------------------------------

------------------------------------------------------------

(3) Arcaheighborhood uses (check one or more as appropriate).

Single family rcsidcntird ---

Multiple family residential ---

Industrial - --

Office . . . .

Retail or commercial ---

Farmland -...

Recrcahonallpark area ----

Other (speci@)-----—-. -.-------- ..----- . ..----- ..-.. ----— ------

---------------------------------------------------------------------

(4) Existing neighboring improvements (check one or more ~

appropriate).

Deteriorating ..-.

Stable ----

Some recent development ----

Significant recent development ----

Vicinity improvements:

----Dense ----Moderate ----Sparse ----None

(5) Environmental factors/constrainK adversely affecting the

marketability of the propfiy (check one or more as appropriate)

Severe slope or soil instability ----

Road access -...

Access to sanitary sewers or storm sewers ----

Access to water supply ----

Location within or near floodplain ----

Wetlands ----

Tidelands ----

Irregular shape ----

Present lease agreement or other possessor

non-Federal interest - --

December 1997 E-41
41 CFR Part 101-47: Federal Property Management Regulations

Historic, archeological or cultural - . .

Contamination or other hazards ----

Other (s~cify)---------------------------------------------------

----------------- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Comments on adverse conditions ------------------------------------

---------------------------- . -- —---- . -- — ------------------------------

(6) Former Government uses (check one or more as appropriate).

Offlee -—.

Industrial -—-

Warehouse or storage —-

presidential ----

ReraiUcommercird --- -

Agricultural —-.

Specify other uses below, such as airport, health, education, recreation

and special military facilitics-

----------------------------------------------------------------------

------------------------------------------------------------ .

(c) Determination of highest and best use (check one or more as

appropriate).

Single family residential . - .

Multiple family residential ----

Industrial ----

Office ----

Retail or commercial ----

Agricultural ----

Warehouse/storage ----

Trarrspmation ----

Historic monument ----

Recreation/park ----

Health ----

Education or related institutional use ----

Airpofi ----

Wildlife Conservation . . . .

Public utility ----

Other (include general public or governmental),

------------------------------------------------------------------- -

-------------------------------------------------------------- .

Remarks: --------------------—---— -__ —-----------------

------------------------------------------------------

---------------------------------------------------------

(d) Are significant costs required to make property conform to

highest and best use (i.e. demolition of existing improvements,

relocation of existing improvements, etc.)?

Rem~k:---------------------------------------------------------

-----------------------------------------------------------------------

(e) Can a knowledgeable cost estimate be given in reference to

paragraph d above? (Enter figure).

Yes ($ )---

No ----

(f) Is the propeny located adjacent to or inside the boundaries of a

State park, forest or recreational area?

Yes ---

No ---

Remmks --------------------------------------------------------------

----------------------------------------------- --------------------------- -

------. .— -------------- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -

[49 FR 37091, Sept. 21, 1984]

Sec. 101-47.4910 Field offices of Department of Health,

Education, and Welfare.

Note: The illustrations in Sec. 101-47.4910 are filed as part of the

original document and do not appear in the Federal Register or the

Code of Federal Regulations,

[40 FR 12080, Mar. 17, 1975]

Sec. 101-47.4911 Outline for explanatory statements for

negotiated sales.

Note: The illustration listed in Sec. 101-47.4911 is tiled as part of

the original document and does not appear in the Federal Register or

the Code of Federal Regulations.

[42 FR 31455, June 21, 1977, as amended at 54 FR 32445, Aug. 8,

1989]

Sec. 101-47.4912 Regional offices of the Bureau of Outdoor

Recreation, Department of the Interior.

Address communications to: Regional Director, Bureau of Outdoor

Recreation, Department of the Interior.

Region and jurisdiction Address and telephone

Northeast region:

Connecticut, Delaware, Maine, Federal Bldg., 600 Arch St.,

Maryland, Massachusetts, New Philadelphia, Pa. 19106.

HampshIrc, New Jersey, New York Code 215, ,597-7989

Pennsylvania, Rhode Island.

Vermont, Virginia, West Virginia,

and District of Columbia

Southezst region:

Alabama. Florida, Georgia,

Kentucky, Mississippi,

North Carolina, Puerto Rico,

South Carolina, Tennessee,

and Virgin Islands

Lake Central region:

Illinois, h-dam. Michigan,

Minnesota, Ohio. and,

Wisconsin

Midcontinent region:

Colorado, Iowa, Kansas, Missouri,

Montana. Nebraska, North Dakota,

Soudr Dakota, Utah.

and Wyoming

South Central region:

Arkansas. Louisiana, New Mexico,

Oklahoma, and Texas

Notiwest region:

Alaska, Idaho, Oregon. and

Washington

Pacific Southwest region:

American Samoa. Arizona,

California. Guam, Hawaii,

and Nevada

[40 FR 22260, May 22. 197S]

148 Cain St.,

Atlanta, Ga 30303.

Code 404.526-4405.

3853 Research Park Dr,

Ann Arbor Mich. 48104.

Code 313,769-3211

Building 41,

Denver FcderaJ center,

P.O. BOX 25387.

Denver, Colo. 80225.

Code 303,234-2634

Patio Plaza Bldg.,

5000 Marble Ave., NE.,

Albuquerque, N. Mex. 87110

Code 505,843-3514

United Pacific Bldg.,

1000 SecondAve.,

Seatde, Wash. 98104.

Code 206,442-4706

BOX 36062,

450 Golden Gate Ave.,

San. Francisco, Cisiif. 94102.

Code 415,556-0182

E-42 December 1997
DoD Base Reuse Implementation Manual

Sec. 101-47.4913 Outline for protection and maintenance of

excess and surplus real property.

A. General. In protecting and maintaining excess and surplus

properties, the adoption of the principle of “calculated risk” is

considered to be essential. In taking what is termed a “calculated risk,”

the expected losses and deteriorations in terms of realizable vahses ae

anticipated to be less in the overall than expendhres to minimize the

risks. In determining the amount of protection to be supplied under this

procedure, a number of factors should be considered; such as, the

availability of, and the distance to, local, public, or private protection

facilities: the size and value of the facility general characteristics of

structures; physical protection involving fencing. number of gates, etc.;

the location and availability of communication facilities; and the

amount and type of activity at the facility. Conditions at the various

excess and surplus properties are so diverse that it is impracticable to

establish a definite or fixed formula for determining the extent of

protection and maintenance that should be applied. The standards or

criteria set forth in B and C, below, are furnished as a guide in making

such determinations.

B. Protection Standards. The following standards arc furnished as a

guide in determining the amount and limits of protection.

1, Properties not Requiring Protection Personnel. Fke protection or

security personnel arc not needed at:

(a) Facilities where there are no stmctures or related personal

property;

(b) Facilities where the realizable or recoverable vahse of the

improvements and related personal property subject to loss is less than

the estimated cost of protection for a one-year period;

(c) Facilities of little vahte located within public fire and police

department limits, which can be locked or boarded up;

(d) Facilities where the major buildings are equipped with automatic

sprinklers, supervised by American Disrnct Telegraph Company or

other central station service, which do not contain large quantities of

readily removable personal property, and which are in an area patrolled

regularly by local police; and

(e) Facilities where agreements can be made with a lessee of a

portion of the property to protect the remaining portions at nominal, or

without additional cost.

2. Propeties Requiring a Resident Custodian. A resident custodian

or guard only is required at facilities of the following classes:

(a) Facilities containing little removabie personal propcrry but

having a considerable number of buildings to be sold for off-site use

when (a) the buildings are of low realizable value and so spaced that

loss of more than a few buildings in a single fire is improbable, or (b)

the buildings are so located that water for firefighting purposes is

available and municipal or other fire department services will respond

promptly;

(b) Small, inactive industrial and commercial facilities which must

be kept open for inspection and which are so located that public fire

and police protection can be secured by telephone;

(c) Facilities where the highest and best use has been determined to

be salvage; and

(d) Facilities of little, or salvage, value but potentially dangerous and

attractive to children and curiosity seekers where the posting of signs is

not sufficient to protect the public.

3. Properties Requiring Continuous Guard Service. One guard on

duty at all times (a total of 5 guards required) is required at facilities of

high market value which are fenced: require only one open gate which

can be locked during patrols; all buildings of which can be locked; and

where local police and tire protection can be secured by telephone,

4. Properties Requiring High Degree of Protection. More than one

firefighter-guard will be required to bc on duty at all times at facilities

of the classes listed below. The number, and the assignment, of

firefighter- guards in such cases should be determined by taking into

consideration all pertinent factors.

(a) Facilities of high market value which are distant from public

assistance and require an on-the-site frrefighting force adequate to hold

fires in check until ourside assistance can be obtained.

(b) Facilities of high market value which can obtain no outside

assistance and require an on-tie-site firefi.ghting force adequate to

extinguish ftres.

(c) Facilities of high market value at which the patrolling of large

areas is necessary.

(d) Facilities of high market value not fenced and containing large

quantities of personal property of a nature inviting pilferage.

(e) Facilities of high market value at which several gates must be

kept open for operating purposes.

5. Standards for All Protected Properdes.

(a) All facilities within the range of municipal or other public

protection, but outside the geographic limits of such public body,

should be covered by advance arrangements with appropriate

authorities for police and fire protection service, at a monthly or other

service fee if necessary.

(b) patrolling of all facilities with lwge areas to be protected should

be accomplished by use of automotive vehicles.

(c) At fenced facilities, a minimum number of gates should be kept

open.

6. Firefighter-Guards. Fkeftghters and guards are the normal means

for carrying out the fire protection and security programs at excess and

surplus real propefies where both such pro=~ me required. The

duties of firefighters and gtswds should be combined to the maximum

extent possible in the interest of both economy and efficiency. Such

personnel would also bc available in many cases for other

miscellaneous services. such as, removing grass and weeds or other fire

hazards, servicing fire extinguishers, and other activities related to

general protection of property.

7. Operating Requirements of Protection Units. Fwf’ighter-guards or

guards, should be required to make periodic rounds of facilities

requiring protection. The frequency of these rounds would be based

upon a number of factors; such as, location and size of the facility, type

of strucmres and physical baniers, and the amount and type of activity

at she facili~. There may be instances where some form of central

station supervision, such as American District Telegraph Company,

will effect reduction in costs by reducing the number of firefighterguards, or guards, required to adequately protect the premises.

8. Watchman’s Clock. To insure adequate coverage of the entire

property by the guards, or firefighter-guards, an approved watchman’s

clock should be provided. with key stations strategically located so

tha~ in passing from one to the other, the guards will cover a!l portions

of the property.

9. Protection Alarm Equipment. Automatic tire detection devices

and rallied equipment and sewices may materially assist in minimizing

protection costs. However, use of devices of this type. like guards, are

purely secondaty fire protection and are primarily a means of obtaining

f~e and police protection facilities at the property in an emergency.

There are various types of devices, each of which can be considered

separately or in combination as supplementing guard patrols, which

may assist in reduction of costs and, in some instances, it may be

possible to eliminate all guards.

10. Sentry Dogs. Frequently there are facilities of Klgh marke! value,

or which cover large areas, or arc so isolated that they invite intrusion

by curiosity seekers, hunters, vagrants, etc., which require extra or

special protection measures. This has usually been taken care of by

staffing with additional guards so that the “buddy system” of patrolling

may be used. In such cases, the use of sentry dogs should be considered

in aniving at the appropriate method of offsetting the need for

additional guards. as well as possible reductions in personnel. If it is

determined to be in the Government’s interest to use this type of

protection, advice should be obtained as to acquisition (lease,

purchase, or donation). training, use, and care. from the nearest police

department using senrry dogs. When sentry dogs are used, the properry

December 1997 E-43
41 CFR Parl 101-47: Federal Property Management Regulations

should be clearly posted “Warning--This Government Properry

Patrolled by Sentry Dogs.”

C. Maintenance Standards. The following standards or criteria arc

furnished rM a guide in connection with the upkeep of excess and

surplus real properties:

1. Temporary Type Build@s and Structures. Temporary buildings

housing personal property which cannot be readily removed to

permanent type storage should be maintained only to the extent

necessary to protect the petzonal properry. Vacant temporary structures

should not be maintained except in unusual circumstances.

2. Permanent Type Buildings and Structures. (a) No interior painting

should be done. Where exterior wood or metal surfaces require

treatment to prevent serious deterioration. spot painting only should be

done when practicable.

(b) Carpentry and glazing should be limited to: work necessary to

close openings against weather and pilferage; making necessary repairs

to floors, roofs, and sidewalls as a protection against further damage;

shoring and bracing of srntetures to preclude structural failures; and

similar operations.

(c) Any necessary rooting and sheet metal repairs should, as a rule,

be on a patch basis.

(d) Masonry repairs. including brick, tile. and concrete construction,

should be undertaken only to prevent leakage or dkintegration, or to

protect against imminent structural failure.

(e) No buildings should be heated for maintenance purposes except

in unusual circumstances.

3. Mechanical and Electrical Installations. These include plumbing,

heating, ventilating, air conditioning, sprinkler systems, fire alarm

systems, elecrncal equipment, elevators, and similar items.

(a) At facilities in inactive status, maintenance of mechanical and

electrical installations should be Iimited to that which is necessary to

prevent or arrest serious deterioration. In most cases, personnel should

not be employed for this work except on a temporary basis at periodtc

intervals when it is determined by inspections that the work is

necessary. Wherever possible electrical systems should be deenergized,

water drained from all fixtures, heat turned off, and buildings secured

against unauthorized entry. Sprinkler systems should be drained during

freezing weather and reactivated when danger of freezing has passed.

(b) At facilities in active status, such as multiple-tenancy operations,

equipment should be kept in reasonable operating condition. Operation

of equipment to furnish services to private tenants, as well as the

procurement of utility services for distribution to tenants, should be

carried on only to the extent necessary to comply with lease or permit

conditions, or in cases where it is impracticable for tenants to obtain

such services directly from utility companies or other sources.

(c) At facilities where elevators ardor high-pressure boilers and

related equipment are in operation, arrangements should be made for

~riodic inspections by qualified and licensed inspectors to insure that

injury to personnel, loss of life, or damage to property does not occur.

(d) Individual heaters should be used. when practicable, in lieu of

operating heating plarms.

4. Grounds. Roads, Railrods, and Fencing. (a) Maintenance of

grounds should be confined largely to removal of vegetation where

necessary to avoid fire hazards and to control poisonous curd noxious

plant growth in accordance with local and State laws and regulations;

plowing of fire lanes where needed: and removal of snow from roads

and other areas only to the extent necessary to provide access for

maintenance, fire protection. and similar activities. Wherever

practicable, hay crops should be sold to the highest bidders with the

purchaser performing aIl labor in connection with cutting and removal.

Also, agricultural asrd/or grazing leases maybe resorted to, if

practicable, as other means of reducing the cost of grounds

maintenance. Any such leases shall be subject to the provisions of Sec.

101-47 .203-9 or Sec. 101-47.312.

(b) Only that portion of the road network necessary for ftrctruck and

other minimum trfilc should be mairstained. The de=me to which such

rods are to be maintained should be only that necessary to permit safe

passage at a reasonable spmd.

(c) Railroads should not be maintained except as might be required

for protection and maintenance operations, or as required under the

provisions of a lease or permit.

(d) Ditches and other drainage facilities should be kept sufficiently

clear to pcmnit surface water to run off.

(e) Fencing, or other physical barrier, should be kept in repair

sufficierstly to afford protection against tsnaudronzed entry.

5. Utilities. (a) At inactive properties, water systems. sewage

disposal systems, electrical disrnbution systems, etc., should be

maintained only to the extent necessary to provide the minimum

services required. Buildings or areas not requiring electrical service or

water should be reenergize.d electrically and the water valved off.

Utilities not in use, or which are serving dismantled or abandoned

structures, should not be maintained.

(b) At active properties, water supply, electrical power, and sewage

disposal facilities frequently must be operated at rates much below

designed capacities. Engineering studies should determine the

structural and operating changes necessary for maximum economy.

Where leakage is found in water distribution lines, such lines maybe

valved off rather than repaired, unless necessary for fwe protection or

other purposes.

(c) Where utilities are purchased by conrrac~ such contracts should

be reviewed to determine if costs can be reduced by revision of the

contracss.

6. Propeflies to be D@osed of as Salvage. No funds should be

expxsded for maintenance on properties where she highest and best use

has been determined to be salvage.

D. Repairs. Repairs should be limited to those additions or changes

that are necessary for the preservation and maintenance of the property

to deter or prevent excessive, rapid, or dangerous deterioration or

obsolescence and to restore property damaged by storm, flood. fire,

accident, or earthquake only where it has been determined that

restoration is required.

E. Improvements. No costs should be incurred to increase the sales

value of a properry, and no costs should be incurred to make a property

disposable without the prior approval of GSA. (See Sec. 101-47.401-

5.)

[29 FR 16126, Dec. 3, 1964, as amended at 30 FR 11281, Aug. L

1965]

Sec. 101-47.4914 Executive Order 12512.

Note: The illustrations in Sec. 101-47.4914 are filed as part of the

original document and do not appear in this volume

[50 FR 194, Jan. 3, 1986]

E-44 December 1997
45 CFR Part 12:

Department of

Seruices

Health and Human

PART 12—DISPOSAL AND UTILIZATION OF SURPLUS REAL

PROPER~ FOR PUBLIC HEALTH PURPOSES

Sec.

12.1 Definitions.

12.2 scope.

12.3 General policies.

12.4 Limitations.

12.5 Awards.

12.6 Notice of available propemy.

12.7 Applications for surphrs real property.

12.8 Assignment of surplus real properry.

12.9 General disposal terms and conditions.

12.10 Compliance with the National Environmental Policy Act of

1969 and other related Acrs (environmental impact).

12.11 Special terms and conditions.

12.12 Utilization.

12.13 Form of conveyance.

12.14 Compliance inspections and reports.

12.15 Reports to Congress.

Exhibit A—Public Benefit Allowance for Tramfer of Real Property for

Health Purposes

AUTHORKTY: Sec. 203,63 Stat. 385, as amended; 40 U.S.C. 484; sec.

501 of Pub, L. 100-77, 101 Stat. 509-10,42 U.S.C. 11411.

SOURCE 45 FR 72173, Oct. 31, 1980, mdess otherwise noted.

Sec. ELI Definitions.

(a) “Act” means the Federal Property and Administrative Services Act

of 1949, 63 Stat. 377 (40 U.S.C. 471 et seq.). Terms defined in the Act

and not defined in thk section have the meanings given to them in the

Act.

(b) “Accredited” means having the approval of a recognized

accreditation board or association on a regional, State, or national

level, such as iI State Board of Health. “Approval” a.. used above

describes the formal process carried out by State Agencies and

institutions in determining that health organizations or programs meet

minimum acceptance standards.

(c) “Administrator”’ means the Administrator of General Services.

(d) “Assigned property” means real and related personal property

which, in the discretion of the Administrator or his designee, has been

made available to the Department for transfer for public health

purposes,

(e) “Department” means the U.S. Department of Health and Human

Services.

(f) “Disposal agency” means the executive agency of the Government

which has authori~ to assign property to the Department for transfer

for public health purposes.

(g) “Excess” mans any prokfly under the control of any Federal

agency which is not required for its needs and the discharge of its

responsibilities, as determined by the head thereof.

(h) “Fair market value” means the highest price which the property

will bring by sale in the open market by a willing seller to a wilIing

buyer.

(i) “Holding agency” means the Federal agency which has conmol

over and accountability for the property involved.

(j) “Nonprofit institution” means any institution, organization, or

association, whether incorporated or unincorporated, no part of the net

earnings of which inures or may lawfully inure to the benefit of any

private shareholder or individual, and (except for institutions which

lease propmy to assist the homeless under Title V of Pub. L. 100-77)

which has been held to be tax-exempt under section 501(c)(3) of the

Internal Revenue Code of 1954.

(k) “off-site property” means surphrs buiidings, utilities and all other

removable improvements, including related personal properry, to be

transferred by the Department for removal and use away from the sire

for public health purposes.

(1) “On-site” means surphrs red propefiy, including related personal

property, to be transferred by the Department for use in place for public

heafth purposes.

(m) “Public benefit allowance” means a discount on the sale or lease

price of real prope~ transferred for public health purposes,

representing any benefit determined by the Secretary which hm

accrued or may accrue to the United States thereby.

(n) “Related personal properry” means any personal property: (1)

Which is located on and is (i) an integral part of, or (ii) useful in the

operation of real property; or (2) which is determined by the

Adrrinis&ator to be otherwise related to the real properly.

(o) “Secretary” means dre Secretary of Heatth and Human Services.

(p) “Smte” means a state of the United States, and includes the

District of Columbia. the Commonwealth of Puerto Rico. and the

Territories and possessions of the United States.

(q) “Surplus” when used with respect to real propefiy means arty

excess rcrd properry not required for the needs and the discharge of the

responsibilities of all Federal agencies as determined by the

Adminiswator.

[45 FR 72173, Oct.31. 1980, as amended It 53 FR 7745, Mar. 10,

1988]

Sec. 12.2 Scope.

This part is applicable to surplus real property located within any

State which is appropriate for assignment to, or which has been

assigned to, the Department for transfer for public health purposes, as

provided for in section 203(k) of the Act.

Sec. 12.3 General Policies.

(a) It is the policy of the Department to foster and assure maximum

utilization of surplus real property for public health purposes, including

research.

(b) Transfers may be made only to States, their political subdivisions

and instrumentalities. tax-supported public health institutions, and

December 1997 E-45
45 CFR Part 12: Department of Health and Human Services

nonprofit public health institutions which (except for institutions

which lett..e properry to assist the homeless under Title V of Pub, L.

103-77) have been held tax-exempt under section 501 (c)(3) of the

Internal Revenue Code of 1954.

(c) Real properry will be rquested for assignment only when the

Department has determined that the properry is suitable and needed for

public health purposes. The amount of real and related personal

property to be transferred shafl not exceed normal operating

requirements of the applicant Such property will not be requested for

assignment unless it is needed at the time of application for public

health purposes or will be so needed with the immediate or

foreseeable future. Where construction or major renovation is not

required or proposed, the prupcrty must be placed into use within

twelve (12) months from the &te of transfer. When construction or

major renovation is contemplated at the time of transfer, the propctty

must be placed in use wirhhr 36 months from the date of transfer. If the

applicable time Imitation is not met, the transferee sh~] eitier

commence payments in cash to the Department for each month

thereafter during which the proposed use has not been implemented or

take such other action m set forth in Sec. 12.12 as is deemed

appmptite by the Department. Such monthly payments shd be

computed on the basis of the current fair market wdue of the property

at the time of the first payment by subtracting therefrom arty portion of

the purchase price paid in cash at the time of transfer, and by dividing

the balance by the total number of months in the period of restriction.

If the facility has not been placed into use within eight (8) years of the

date of the deed. title to the propefly will be revested in the United

States, or, at the discretion of the Department the restrictions and

conditions may be abrogated in accordance with Sec. 12.9.

(d) Transfers will be made only after the applicant has certified that

the proposed program is not in conflict with State or local zoning

restrictions, building codes. or similar limitations.

(e) Organizations which may be eligible include those which provide

care and training for the physically and mentally ill, including medical

care of the aged and infm; clinical services; services (including

shelter) to homeless individuals; orher public health setvices (including

water and sewer); or similar services devoted primarily to the

promotion and protection of public health. In addition, orga.nkxiorrs

which provide assistance to homeless individuals may be eligible for

leases under title V of Public Law 100-77. Except for the provision of

services (including shelter) to homeless individuals, organizations

which have as their principal purpose the providhg of custodial or

domiciliary care are not eligible. The eligible organization must be

authorized to carry out the activity for which it rquesrs the property.

(f) An applicant’s plan of operation will not be approved unless it

provides that the applicant will not discriminate because of race, color,

sex, handicap, or national origin in the use of the property.

[45 FR 72173, Oct.31, 1980. as amended at 53 FR 7745, Mar. 10,

1988:55 FR 32252, Aug. 8, 1990]

Sec. 12.4 Ltitations.

(a) Surplus propeny transferred pursuant to this part will be disposed

of on an “as is. where is,” basis without warranty of any kind.

(b) Unless excepted by the General Services Administrator in his

assignmerw mineral righLs will be conveyed together with the surface

righ~.

Se~ 12.5 Awards.

Where there is more than one appiicrmt for the same propeny. it will

be awarded to the applicant having a program of utilization which

provides. in the opinion of the Department, the greatest public benefit.

Where tie property will serve more than one program, it will be

appofioned to fit tie needs of as maw programs as is practicable.

Sec. 12.6 Notice of available property.

Reasonable publicity will be given to the availabiIiry of surplus real

property which is suitable for assignment to the Department for

transfer for public herdrh uses. The Department will establish

procedures reasonably calculated to afford all eligible users having a

legitimate interest in squiring the property for such uses an

opportunity to make an application therefor. However, publicity need

not be given to the availability of SUWIUS real property which is

occupied and being used for eligible public health purposes at the time

the property is declared surplus. the occupant expresses interest in the

property, and the Department determines that it has a continuing need

therefor.

Sec. 12.7 Applications for surplus real property.

Applications for surplus real property for public health purposes shall

be made to the Department through the office specified in the notice of

availability.

[55 FR 32252, Aug. 8, 1990]

Se~ 12.8 Assignment of surplus real property.

(a) Notice of interest in a specific propetty for public health purposes

will be furnished the General Services Administrator by the

Department at the earliest possible date.

(b) Requests to the Adminisuator for assignment of surplus real

property to the Department for transfer for public health purposes will

be breed on the following conditions:

(1) The Department has an acceptable application for the property.

(2) The applicant is willing, authorized, and in a position to assume

immediate care, custody, and maintenance of the propwy.

(3) The applicant is able, willing and authorized to pay the

administrative expenses incident to the transfer.

(4) The applicant has the necessary funds, or the ability to obtain such

funds, to cm-y out the approved program of use of the property.

Sec. 12.9 General disposat terms and conditions.

(a) Surplus real property transfers under this part will be limited to

public heafth purposes. Transferees shall be entitled to a public benefit

allowance in terms of a percentage which will be applied against the

vahte of the property to be conveyed. Such an allowance will be

computed on the basis of benefits to the United States from the use of

such property for public health purposes. The computation of such

public benefit allowances will be in accordance with Exhibit A

attached hereto and made a part hereof.

(b) A transfer of surplus real propeny for public health purposes is

subject to the disapproval of the Administrator within 30 days after

notice is given to him of the proposed transfer.

(c) Transfers will be on the following terms and conditions:

(1) The transferee will be obligated to utilize the property

continuously in accordance with an approved plan of operation.

(2) The transferee will not be pmrrirred to sell, lease or sublease, rent,

mortgae%, encumber, or otherwise dispose of the property, or any part

thereaf, without the prior written authorization of the Department.

(3) The transferee will file with the Department such reports covering

the utilization of the property as may be required.

(4) In the event the property is sold, leased or subleased, encumbered,

disposed of, or is used for purposes other than those set forth in the

approved Plan without the consent of the Departrnen~ all revenues or

the reasonable value of other benefits received by the transferee

directly or indirectly from such use, m determined by the Department,

will be considered to have been received and held in trust by the

transferee for the account of the United States and will be subject to the

direction and control of the Department. The provisions of this

paragraph shall not impair or affect the rights reserved to the United

States in paragraph (c)(6) of tfrk section, or the right of the Department

to impose conditions to its consent.

E-46 December 1997
DoD Base Reuse Implementation Manual

(5) Lessees will be required to carry all perils and liability insurance

to protect the Government and the Government’s residual interest in the

property. Transfenxs will be required to carry such flood insurance as

may be required by the Department pursuant to Pub. L, 93-234. Where

the transferee elects to carry insurance against damages to or loss of

on-site propetly due to fire or other hazards, and where loss or damage

to transferred Federal surplus real property occurs, all proceeds from

insurance shall be promptly used by the transferee for the purpose of

repairing and restoring the property to its former condkion, or

replacing it with equivalent or more suitable facilities, If not so used.

there shall be paid to the United States that part of the insurance

proceeds that is aroibutable to the Government’s residual interest in the

property IOSL damaged, or destroyed in the case of leases, attributable

to the fair market value of the leased facilities.

(6) With respect to on-site properry, in the event of noncompliance

with any of the conditions of the transfer as determined by the

Department, title to the property transferred and the right to immediate

possession shall. at the option of the Department, revert to the

Government. In the event title is reverted to the United States for

noncompliance or voluntarily reconveyed, the transferee shall, at the

option of the Department, be required to reimburse the Government for

the decrease in vahte of the property not due to reasonable wear and

tear or acts of God or attributable to alterations completed by the

transferee to adapt the propemy to the public health use for which the

property was transferred. With respect to leased propefiy, in the event

of noncompliance with any of the conditions of the lease, as

determined by the Department, the right of occupancy and possession

shall, at the option of the Deparmrren~ be terminated. In the event a

leasehold is terminated by the United States for noncompliance or is

voluntarily surrendered, the lessee shall be required at the option of the

Department to reimburse the Government for the decrease in value of

the property not due to reasonable wear and tear or acts of God or

attributable to alterations completed by the lessee to adapt the property

to the public health use for which the property was leased.

With respect to any reverter of title or termination of leasehold

resulting from noncompliance, the Government shall, in addition

thereto, be reimbursed for such costs as may be incurred in recovering

title to or possession of the property.

Any payments of cash made by the transferee a@rst the purchase

price of property ua.nsfemd shall, upon a forfeiture of tide to the

property for breach of condition, be forfeited.

(7) With respect to off-site propefiy, in the event of noncompliance

with any of the terms and conditions of the transfer, the unearned

public benefit allowance shall, at the option of the Department become

immediately due and payable or, if the property or any portion thereof

is sold, leased, or otherwise disposed of without authorization from the

Departmen\ such sale, lease or sublease, or orher disposal shall be for

the benefit and account of the United States and the United States shall

be entitled to the proceeds. In the event the transferee fails to remove

the property or any portion thereof within the rime specified. then in

addition to the rights reserved above, at the option of the Department.

all right, title, and interest in and to such unremoved property shall be

retransferred to orher eligible applicants or shall be forfeited to the

United States.

(8) With respect only to on-site property which has been declared

excess by the Depanrnent of Defense, such declaration having included

a statement indicating the property has a known potential for use

during a national emergency, the Department shall reserve the right

during any period of emergency declared by the President of the United

States or by the Congress of the United States to the full and

unrew-icted use by the Government of the surplus real property, or of

arty portion thereof. disposed of in accordance with the provisions of

this part. Such use may be either exclusive or nonexclusive. Prior to dre

expiration or termination of the period of restricted use by the

transferee, the Government will not be obligated to pay rent or any

other fees or charges during the period of emergency, except that the

Government will:

(i) B~ the entire cost of maintenance of such portion of the propcny

used by it exclusively or over which it may have exclusive possession

or control;

(ii) pay tie fair share, commensurate With the use of the cost of

maintenance of such surplus reaf property as it may use nonexclusively

or over which it may have nonexclusive possession or control;

(iii) pay a ftir rental for the use of impmvemen~ or additions to the

surplus real property made by the purchaser or lessee without

Government aid; and

(iv) Be responsible for any damage to the SUrplUs real prope~ caused

by its use, reasonable wear and tear, the common enemy and acts of

God excepted. Subsequent to the expiration or termination of the

period of restricted use, the obligations of the Government will be as

set forth in the precedrrg sentence and, in addition, the Government

shall be obligated to pay a fair rental for all or any portion of the

conveyed premises which it uses.

(9) The restrictions set forth in paragraphs (c)(1) though (7’) of this

section will extend for thirty (30) years for land with or without

improvements; and for facilities being acquired separately from land

whether they are for use on-site or off-site, the period of limitations on

the use of the stmctures will be equal to their estimated economic life,

The restrictions set forth in paragraphs (c)(1) through (7) of this

section will extend for the entire initiaJ lease period and for any

renewal periods for property leased from the Department.

(d) Transferees, by obtaining the consent of the Department, may

abrogate the restrictions set forth in paragraph (c) of this section for all

or arty portion of the property upon payment in cash to the Department

of an amount equal to the then current fair market value of the property

to be released, multiplied by the public benefit allowance granted at the

time of conveyance, divided by the total number of months of the

period of restriction set forth in the conveyance document and

mukipIied by the number of months that remain in the period of

rcsrriction as determined by the Department. For purposes of

abrogation payment computation, the current fair mwket value shall

not include the vrdue of any improvements placed on the properry by

the transferee.

(e) Related personal propmy will be transferred or leased as a part of

the realty and in accordance with real property procedures. It will be

subject to the same public benefit allowance granted for the real

property. Where related personal property is involved in an on-site

transfer, the related personaI properry maybe transferred by a bill of

sale imposing restrictions for a period not to exceed five years from the

date of transfer, other terms and conditions to be the same as, and

made a part of, the real propemy transaction.

Sec 12.10 Compliance with the National Environmental Policy

Act of 1969 and other related acts (environmental impact).

(a) The Department will, prior to mnkhg a final decision to convey or

lease, or to amend, reform, or grant an approval or release with respect

to a previous conveyance or lease of, surplus real propetty for public

heaftir purposes, complete an environmental assessment of the

proposed transaction in keeping with applicable provisions of the

National Environmental Policy Act of 1969, the National Historic

Presemation Act of 1 %6, the National Archeological Data

Preservation Act and other related acts. No permit to use surplus real

property shall allow the perrnirree to make, or cause to be made. any

irreversible change in the condition of said propcmy, and no use permit

shall be employed for the purpose of delaying or avoiding compliance

with the requirements of these Acts.

(b) Applicants shall be required to provide such information m the

Department deems necessary to make an assessment of the impact of

the proposed Federal action on the human environment. Materials

contained in the applicant’s official request, responses to a standard

December 1997 E-47
45 CFR Part 12: Department of Health and Human Services

questionnaire prescribed by the Public Health Service, as well as other

relevant information, will be used by the Department in making said

assessment.

(c) If the assessment reveals(1) That the proposed Federal action

involves propernes of historical significance which are listed, or

eligible for listing, in the National Register of Historic Places, or (2)

that a more than insignifmnt impact on the human environment is

reasonably foreseeable as a result of the proposed action, or (3) that the

proposed Federal action could result in irreparable loss or destruction

of archaeologically significant items or data, the Department will,

except as provided for in paragraph (d) below, prepare and distribute,

or cause to be prepared or distributed, such notices and statements and

obtain such approvals ~s are required by the above cited Acts.

(d) [f a proposed action involves other Federal agencies in a sequence

of actions, or a group of actions, directly related to each other because

of their functional interdependence, the Department may enter into and

support a lead agency agreement to designate a single lead agency

which will assume primary responsibility for coordinating tlte

assessment of environmental effects of proposed Federal actions,

preparing and distributing such notices and statements, or obtaining

such approvals, as are required by the above cited Acts. The

procedures of the designated lead agency will be utilized in conducting

the environmental assessment. In the event of disagreement between

the Department and another Federal agency, the Department will

reserve the right to abrogate its lead agency agreement with the other

Federal Agency.

[45 FR 72173, Oct.31, 1980. as amended at 55 FR 32252, Aug. 8,

1 990]

Sec. 12.11 Special terms and conditions.

(a) Applicants will be required to pay all external administrative costs

which will include, but not be limited to, taxes, surveys, appraisals,

inventory costs, legal fees. title search, certificate or abstract expenses,

decontamination costs, moving costs, closing fees in connection with

the transaction and service charges, if any, made by State Agencies for

Federal Property Assistance under the terms of a cooperative

agreement with the Department.

(b) In the case of off-site property, applicants will be required to post

performance bonds, make performance guarantee deposits. or give

such other assurances as may be required by the Department or the

holdkg agency to insure adequate site clearance and to pay service

charges, if any. made by State Agencies for Federal Properry

Assistance under the terms of a cooperative agreement with the

Department.

(c) Whenever negotiations arc undertaken for disposal to private

nonprofit public health organizations of any surplus real property

which cost the Government S I million or more, the Department will

give notice to the Attorney General of the United States of the

proposed disposaJ and the terms and conditions thereof. The applicant

shall furnish to tbe Deparrrnent such information and documents as the

Attorney General may determine to be appropriate or necessary to

enable him to give the advi~ as provided for by section 207 of the Act.

(d) Where an applicant proposes to acquire or lease and use in place

improvements located on kmd which the Government does not own, he

shall be required, before the transfer is consummated. to obtain a right

to use the land commensurate with the duration of the restrictions

applicable to tie improvements, or the term of the lease. The applicant

will be required to assume, or obtain rclea..e of, the Government’s

obligations respecting the land including but not limited to obligations

relating to restoration, waste. and rent. At the option of the

Department, the applicant may be required to post a bond to indemnify

the Government against such obligations,

(e) The Department may require the inclusion in the transferor lease

document of arty other provision deemed desirable or necessary,

(f) Where an eligible applicant for an on-site transfer proposes to

construct new, or rehabilitate old, facilities, the financing of which

must be accomplished through issuance of revenue bonds having terms

inconsistent with the terms and mnd]tions of transfer prescribed in

Sec. 12.9 (c), (d), and (e) of this chapter, the Department may, in its

discretion, impose such alternate terms and conditions of transfer in

lieu thereof as maybe appropriate to assure utilization of the property

for public health purposes.

Sec 12.12 Utifiition.

(a) Where properry or any portion thereof is not being used for the

purposes for which transferred, the transferee will be required at the

direction of the Department:

(1) To place the property into immechatc use for an approved purpose;

(2) To retransfer such property to such orher public health user as the

Deptiment may direct

(3) To sell such property for the benefit and account of the United

states;

(4) To return title to such property to the United States or to

relinquish any leasehold interest therein;

(5) To abrogate the conditions and rcsrnctions of the transfer, os set

forth in Sec. 12.9(d) of thk chapter, except that, where projmly has

never been placed in use for the purposes for which transferred,

abrogation will not be permitted except under extenuating

circumstances; or

(6) To make payments as provided for in Sec. 12.3(c) of this chapter.

(b) Where the transferee or lessee desires to place the property in

temporary use for a purpose other than that for which the propeny was

transferred or leased, approval from the Department must be obtained,

and will be conditioned upon such terms as the Department may

impose.

Sec. 12.13 Form of conveyance.

(a) Transfers or leases of surplus real property will be on forms

approved by the Offke of General Counsel of the Department and will

include such of the disposal or lease terms and conditions set forth in

this part and such other terms and conditions as the Office of General

Counsel may deem appropriate or necessary.

(b) Transfers of on-site properry will normally be by quitclaim deed

without warranty of title.

Sec 12.14 Compliance inspections and reports.

The Department will make or have made such compliance inspections

as am necessary and will require of the transferee or lessee such

compliance reports and actions as are deemed necessary.

Sec. 12.15 Reports to Congress.

The Secretary will make such reports of real property dkposal

activities as are required by section 203 of the Act and such other

repores as maybe required by law.

E-48 December 1997
34 CFR Part 12:

Department Education

PART 12—DISPOSAL AND UTILIZATION OF SURPLUS

FEDERAL REAL PROPERTY FOR EDUCATIONAL

PURPOSES

Subpart A-General

Sec.

12.1 What is the scope of this part?

12.2 What deffirions apply?

12.3 What other regrslariom apply to this program?

Subpart S-Distribution of Surplus Federal Real Property

12.4 How does the Secretary provide notice of availability of surplus

Federal real property?

12.5 Who may apply for surplus Federal real propmy?

12.6 What must an application for surplus Federal real property

contain?

12.7 f-fow is SUrplUs Federal real property disposed of when there is

more than one applicant?

12.8 What transfer or lease instruments does the Secretary use?

12.9 What warranties does the Secretary give?

12.10 How is a Public Benefit Allowance (PBA) calculated?

Subpart C-Conditions Applicable to Transfers or Leases

12.11 What statutory provisions and Executive Orders apply to

transfers of surplus Federal real properry?

12.12 What are the terms and conditions of transfers or leases of

surplus Federal real property?

12.13 When is use of the transferred surplus Federal red properry by

entities other than the transferee or lessee permissible?

Subpart D-Enforcement

12.14 What are the sanctions for noncompliance with a term or

condition of a transfer or lease of surplus Federal reaf propsrty?

Subpart E—Abrogation

12.15 What are the procedures for securing an abrogation of the

conditions and resrnctions contained in the conveyance instrument?

Appendix A to Pm 12—Public Benefit Allowance for Transfer of

Surplus Federal Real Propemy for Educational Purposes

Authority :40 U.S.C. 471-488; 20 U.S.C. 3401 et seq.; 42 U,S,C.

2000d (1) et seq.; 20 U.S.C. 1681 et seq.; 29 U.S.C. 794 et seq.; 42

U.S.C. 4332.

SOURCE: 57 FR 60394, Dec. 18, 1992, unless otherwise noted,

Sec. 12.1 What is the scope of this part?

This pare is applicable to surplus FederaJ real proprmy located within

any State that is appropriate for assignment to, or that has been

assigned to, the Secretary by the Administrator for transfer for

educational purposes. as provided for in section 203(k) of the Federal

Property and Administrative Semites Act of 1949, as amended, 63

Stat. 377 (40 U.S.C. 471 et seq.).

(Authority: 40 U.S.C. 484(Q)

Sec. 12.2 What definitions apply?

(a) Definitions in the Act. The following terms used in this part are

defined in section 472 of the Act:

Admirrkator

surplus property

(b) Definitions in the Education Department General Administrative

Regulations (EDGAR). The following terms used in this pm are

defined in 34 CFR 77.1:

Department

Secretary

State

(c) Other Definitions: The following definitions also apply to this

pal-c

Abrogation means the procedure the Secretary may use to release the

transferee of surphes Federal real property from the covenants,

conditions, reservations, and restrictions contained in the conveyance

instrument before the term of the instrument expires.

Act means the Federal Property and Administrative Services Act of

1949, as amended, 63 Stat. 377 (40 U.S.C. 471 et seq.).

Applicant means an eligible entity as described in Sec. 12.5 that

formally applies to be a transferee or lessee of surplus Federal real

property, using a public benefit allowance (PBA) under the Act.

Lessee, except as used in Sec. 12.14(a)(5), means an entity that is

given temporary possession, but not title, to surplus Federal real

property by the Secrccasy for educational purposes.

Nonprofit institution means arty institution, organization, or

association, whether incorporated or unincorporated—

(1) The net earnings of which do not inure or may not lawfully inure

to the benefit of any private shareholder or individual; and

(2) That has been determined by the Internal Revenue Service to be

tax-exempt under section 501 (c)(3) of title 26.

Off-site property means surplus buildings and improvements—

including any related personaf property-that are capable of being

removed from the underlying land and that are transferred by the

Secretary without transferring the underlying reaf property.

On-site property means surplus Federal real property, including any

related pxsonal prope~-other than off-site property.

Period of restriction means that period during which the surplus

Federal real propmy transferred for educational purposes must be used

by the transferee or lessee in accordance with covenants, conditions,

and any other restrictions contained in the conveyance instrument.

Program and plan of use means the educational activities to be

conducted by the transferee or lessee using the surplus Federal real

property, as described in the application for that propefiy.

Public benefit allowance ~’PBA”) means the credit, calculated in

December 1997 E-49
34 CFR Part 12: Department of Education

acmrdance with Appendix A to this part, given to a transferee or lessee

which is applied against the fair market value of the surplus Federal

real properry at the time of the tmnsfer or lease of such prope~ in

exchange for the proposed educational use of the properry by the

transferee or lessee.

Related personal property means any personal property—

(1) That is located on and is an integral part of, or incidental to the

opwation of, the surplus Fedeml real properry; or

(2) That is determined by the Administrator to be otherwise related

to the surplus Federal real property.

Surplus Federal real property means the property assigned or

suitable for assignment to the Secretary by the Administrator for

disposaf under the Act.

Transfer means to sell and convey title to surplus Federal real

properry for educational purposes as described in this part.

Transferee means that entity which has purchased and acquired title

to the surplus Federal real property for educational purposes pursuant

to section 203(k) of the Act.

(Authority: 40 U,S.C. 472 and 20 U.S.C. 3401 et seq.)

See. 12.3 What other regulations apply to this program?

The following regulations apply to this program:

(a) 34 CFR Parts 100, 104, and 106.

(b) 41 CFR Parr 101-47,

(C) 34 CFR Parr 85.

(Authority: 40 U.S.C. 484(k); 42 U.S.C. 2000d-1 et seq.; 29 U.S.C.

794 et seq.; 20 U.S.C. 1681 et seq.; Executive Order 12549; and 20

U.s.c. 3474)

Subpart B-Distribution of Surplus Federal Real Property

Sec. 12.4 How does the Secretary provide notice of avaitabifity of

surplus Federal real property?

The Secretary notifies potential applicants of the availability of

surplus Federal real property for transfer for educational uses in

accordance with 41 CFR 101-47.308-4.

(Authority: 40 U.S.C. 484(k)(l))

Sec. 12.5 Who may apply for surplus Federal real property?

The following entities may apply for surplus Federal real prope~:

(a) A State.

(b) A political subdivision or instrumentality of a State.

(c) A rax-suppcmed institution.

(d) A nonprofit institution.

(e) Any combination of these entities.

(Authority: 40 U.S.C. 484(k)(l)(A))

Sec. 12.6 What must an application for surplus Federal real

property contain?

An application for surplus Federal real propmy must—

(a) Contain a program aod plan of use;

(b) Contain a certification from the applicant that the proposed

program is not in conflict with State or lo-d zoning restrictions,

building codes, or similar limitations;

(c) Oemonssz-ate that the proposed program and plan of use of the

surplus Federal real property is for a purpose that the applicant is

authorized to carry ouc

(d) Demonstrate that the applicant is able, willing, and authorized to

assume immediate custody, use, care, and maintenance of the surplus

Federal real properry;

(e) Demonstrate that the applicant is able, willing, and authorized to

pay the administrative expenses incident to the transferor lease;

(f) Demonstrate that the applicant has the necessary funds, or the

ability to obtain those funds immediately upon transferor lease, to

carry out the proposed program and phxr of use for the surplus Federal

real propeny;

(g) Demonstrate that the applicant has an immediate need and ability

to use all of the surplus Fedeml real propetty for which it is applying;

(h) Demonstrate that the surplus Federal real property is needed for

educational purposes at the rime of application and that it is so needed

for the duration of the psriod of restriction;

(i) Demonstrate that the surplus Federal real prope~ is suitable or

adaptable to the proposed program and plan of use; and

(j) Provide information requested by the Secretary in the notice of

availability, includkg information of the effect of the proposed

program and plan of use on the environment.

(Authority: 40 U.S.C. 484(k))

(Approved by the Office of Management and Budget under control

number 1880-0524)

Sec. 12.7 How is surplus Federal real property disposed of when

there is more than one applicant?

(a) If there is more than one applicant for the same surplus Federal

real propmy, the Secretary rramfers or leases the properly to the

applic~t whose proposed program and plan of use the Secretary

determines provides the greatest public benefit, using the criteria

contained in appendix A to this part that broadly address the weight

given to each type of entity applying and its proposed program and

plan of use. (See example in Sec. 12.10(d)).

(b) If, after applying the criteria described in pamgraph (a) of this

section, two or more applicants arc rated equally, the Secretary

transfers or leases the propcrn to one of the applicants afrer—

(1) Determining the need for each applicant’s proposed educational

use at the site of the surplus Federal real property;

(2) Considering the quality of each applicant’s proposed program

and plan of use; and

(3) Considering each applicant’s ability to cam-y out its proposed

program and plan of use.

(c) If the Secretary determines that the surplus Federal real property

is capable of serving more than one applicant, the Secretary may

app-ation it to fit the needs of as many applicants as is practicable.

(d)(1) The Secretary generally rmnsfers surplus Federal real property

to a selected applicant that meets the requirements of this part.

(2) Alternatively, the Secretary may lease surplus Federal real

property to a selected applicant that meets the requirements of this part

if the Secretary determines that a lease will promote the most effective

use of the property consistent with the purposes of this part or if having

a lease is otherwise in the best interest of the United States. as

determined by the Secretary.

(Authority: 40 U.S.C. 484(k))

Sec. 12.8 What transfer or lease instruments does the Secretary

use?

(a) The Secretary transfers or leases surplus Federal real property

using transfer or lease insmrments that the Secretary prescribes.

(b) The transfer or lease instrument contains the applicable terms

and conditions described in this part and any other terms and

condkions the Secretasy or Administrator determines are appropriate or

necessary.

(Authority: 40 U.S.C. 484(c))

Sec. 12.9 What warranties does the Secretary give?

The Secretary rransfers or leases surplus Federal real property on an

“as is, where is,” basis wirhou[ wamnty of any kind.

.:

E-50 December 1997
DoD Base Reuse Implementation Manual

(Authority: 40 U.S.C. 484(k)(l))

Sec. 12.10 How is a Public Benefit Allowance (PBA) calculated?

(a) The Secretary calculates a PBA in accordance with the

provisions of appendix A to this parl taking into account the nature of

the applicant, and the need for, impact of, and type of program and

plan of use for the property, as described in that appendix.

(b) The following are illustrative examples of how a PBA would be

calculated and applied under Appendix A:

(1) Entity A is a specialized school that has had a building destroyed

by fire, and that has existing facilities determined by the Secretary to

be between 26 and 50% inadequate. lt is proposing to use the surplus

Federal real propmy to add a new physical education program. Entity

A would receive a basic PBA of 70%. a 10% hardship organization

allowance, a 20% sRowanee for inadequacy of existing school plant

facilities, and a 1070 utilization allowance for introduction of new

instructional programs. Entity A would have a total PBA of 11 O%. If

Entity A is awarded the surplus Federal real property, it would not be

required to pay any cash for the surplus Federal real property, since the

total PBA exceeds 100%.

(2) Entity B proposes to use the surplus Federal real property for

nature walks. Because this qualifies as an outdoor educational

pro=-, Et@ B would receive a basic PBA of do~o. If Entity B is

awarded the surplus Federal real property, it would be required to pay

60% of the fair market vafrre of the surplus Federal real property in

ca..h at the time of the transfer.

(3) Entity C is an accredited university, has an ROTC unit, and

proposes to use the surplus Federal real property for a school health

clinic and for special education of the physically handicapped. Entity

C would receive a basic PBA of 5070 (as a college or university), a

20% accreditation organization allowance (accrerhted college or

university), a 107c public service training organization allowance

(ROTC), a 10% student health and welfare utilization allowance

(schooI health clinic), and a 10% service to the handicapped utilization

allowance (education of the physically handicapped). Entity C would

have a total PBA of 100%. If Entity C is awarded the surplus Federal

real property, it would not be required to pay any cash for the surplus

Federal real property. since the total PBA is 100%.

(4) Entities A, B, and C afl submit applications for the same surplus

Federal real property. Unless the Secretary decides to appcrtion it, the

Secretary transfers or leasw the surplus Federal real property to Entity

A, since its proposed program and plan of use has the highest total

PBA.

(Authority: 40 U.S.C. 484(k)( 1 )(C))

Subpart C-Conditions Applicable to Transfers or Leases

Se~ 12.11 What statutory provisions and Executive Orders apply

to transfers of surplus Federal rest property?

The Secretary directs the transferee or lessee to comply with

applicable provisions of the following statutes and Executive Orders

prior to, or immediately upon, transferor lease, as applicable:

(a) National Environmental Policy Act of 1969,42 U.S.C. 4332,

(b) National Historic Preservation Act of 1966, 16 U.S.C. 470.

(c) National Flood Insurance Act of 1968,42 U,S.C, 4001 et seq.

(d) Floodplain Management, Exec. Order No. 11988,42 FR 2695 I

(May 25, 1977).

(e) Protection of Wetlands. Exec. Order No. 11990,42 FR 26961

(May 25, 1977).

(f) Title VI of the Civil Rights Act of 1964,42 U.S.C. 2000(d)(l) et

seq.

(:) Title IX of the Education Amendments of 1972,20 U.S.C. ]681

et seq.

(h) Section 504 of the Rehabilitation Act of 1973,29 U.S.C. 794 et

w.

(i) Age Discrimination Act of 1975,42 U.S.C. 1601 et seq.

f.i) Any other applicable Federal or State laws and Executive Orders.

(Authotity: 40 U.S.C. 484(k))

(Approved by the Office of Management and Budget under control

number 1880-0524)

Sec. 12.12 What are the terms and conditions of transfers or

leases of surplus Federal real property?

(a) General terms and conditions for transfers and leases. The

following general terms and conditions apply to transfers and Ieasas of

surplus Federal real property under this part:

(1) For the period provided in the transferor lease instrument, the

transferee or lessee shall use afl of the surplus Federal real properry it

receives solely and continuously for its approved program and plan of

use, in accordance with the Act and these regulations, except that—

(i) The transferee or lessee has twelve (12) months from the date of

transfer to place this surplus Federal real property into use, if the

Secretary did not, at the time of transfer, approve in writing

construction of major new facilities or major renovation of the

property;

(ii) The transferee or lessee has thirty-six (36) months from the date

of transfer to place the surplus Federal real property into use, if the

tratmferee or lessee proposes construction of major new facilities or

major renovation of the property and the Secretary approves it in

writing at the time of transfer and

(iii) The Secretary may permit use of the surplus Federal real

property at any rime during the period of restriction by an entity other

than the transferee or lessee in accordance with Sec. 12.13.

(2) The transferee or lessee may not modify its approved program

and plan of use without the prior written consent of the Secretary.

(3) The transferee or lessee may not sell, lease or sublease, rent,

mortgage, encumber, or otherwise dispose of all or a portion of the

surplus Federal real propmy or arty interest therein without the prior

written consent of the Secretary.

(4) A transferee or Iessee shall pay aIl administrative costs incidental

to the transferor lease includ@ but not limited to-

(i) Transfer taxes;

(ii) Suweys;

(iii) Appraisals;

(iv) Inventory costs;

(v) L-@ fees;

(vi) Title search;

(vii) certificate or abstract expenses;

(viii) Decontamination costs;

(ix) Moving costs;

(x) Recordation expenses;

(xi) Other closing costs; and

(xii) Service charges, if any, provided for by an agreement between

the Secrmry and the applicable State agency for Federal Propeny

Assistance.

(5) The oansferee or lessee shall protect the residual financial

interest of the United States in the surplus Federa! real property by

insurance or such other means as the Secretary dkects.

(6) The transferee or lessee shall file with the Secretary reports on its

maintenance and use of the surplus Federal real proWrty and any other

reports required by the Secretary in accordance with the transferor

lea..e instrument.

(7) Any other term or condition that the Secretary determines

appropriate or necessary.

(b) Additional terms and conditions for on-site transfers. The terms

and conditions in the transfer, including those in paragraph (a) of this

section, apply for a period not to exceed thkty (30) years.

(c) Additional terms and conditions for off-site transfers. (1) The

December 1997 E-51
34 CFR Part 12: Department of Education

terms and conditions in the transfer, including those in paragraph (a) of

this section, apply for a period equivalent to the estimated economic

life of the property conveyed for a transfer of off-site surplus Federal

real property.

(2) In addition to the terms and conditions contained in paragraph

(c) of this section, the Secretary may also require the transferee of offsite surplus Federal real property—

(i) To post performance bonds;

(ii) TO post performance guarantee deposi~; or

(iii) TO give such other assurances as may be required by the

Secretary or the holding agency to ensure adequate site clearance.

(d) Additional terms and conditions for leases. In addition to the

terms and conditions contained in paragraph (a) of this section, the

Secretary requires, for leases of surplus Federal teal property. that all

terms and conditions apply to the initial lease agreement, and any

renewal periods, unless specifically excluded in writing by the

Secretary.

(Authority: 40 U.S.C. 484(k)(l))

(Approved by the Office of Management and Budget under control

number 1880-0524)

Sec. 12.13 When is use of the transferred surplus Federal real

property by entities other than tbe transferee or lessee

permissible?

(a) By eligible entities. A rrarrsfeme or lessee may permit the use of

all or a portion of the surplus Federrd real property by another eligible

entity as described in Sec. 12.5, only upon those terms and conditions

the Secretary determines appropriate if—

(I) The Secret~ determines rbat the proposed use would not

substantially limit the program and plan of use by the transferee or

lessee and that the use will not unduly burden the Department

(2) Tbe Secretary’s written consent is obtained by the transferee or

lessee in advance; and

(3) The Secretary approves the use instrument in advance and in

writing.

(b) By ineligible entities. A transferee or lessee may permit the use

of a portion of the surplus Federal real property by an ineligible entity,

one not described in Sec. 12.5, only upon those terms and conditions

the Secretary determines appropriate if—

(1) In accordance with paraemph (a) of this section, the Secretary

makes the required determination and approves both the use and the

use instrument;

(2) The use is confined to a portion of rbe surplus Federal real

property;

(3) The use does not interfere with the approved program and plan of

use for which the surplus Federal real propfmy was conveyed; and

(4) Any rental fees or other compensation for use are either remitted

directfy to the Secretary or arc applied to purposes expressly approved

in writing in advance by the Secretary.

(&tthority: 40 U.S.C. 484(k)(4))

Subpart D-Enforcement

See 12.14 What are the sanctions for noncompliance with a terns

or condition of a transfer or lease of surplus Federal real

property?

(a) General sanctions for noncompliance. The Secretary imposes any

or all of the following sanctions, as applicable. to all transfers or leases

of surplus Federal real property:

(1) If ail or a portion of, or any interest in, the transferred or leased

surplus Federal reaf propsrty is not used or is sold, leased or subleased,

encumbered, disposed of, or used for purposes other than those in the

approved program and plan of use. without the prior written consent of

the SecreKu_y, the Secretary may require that—

(i) All revenues and the reasonable value of other benefits received

by the transferee or lessee directfy or indirectly from that use, as

determined by the Secretary, be held in trust by the transferee or lessee

for the United States subject to the dmction and control of the

Secretary;

(ii) Title or possession to the transferred or leased surplus Federal

red propsrty and the right to irrrrnedate possession revert to the United

states;

(iii) The surplus Federal real property be transferred or leased to

another eIigible entity as the Secretary dkects;

(iv) The transferee or lessee abrogate the conditions and restrictions

in the transfer or lease instrument in accordance with the provisions of

Sec. 12.15;

(v) The transferee or lessee place the surphss Federal real property

into immediate use for an approved purpose and extend the period of

restriction in the transferor lease instrument for a term equivalent to

the period during which the property was not fully and solely used for

an approved use; or

(vi) The transferee or lessee comply with any combination of the

sanctions described in paragraph (a)(1) or (a)(3) of this section.

(2) If title or possession reverts to the United States for

noncompliance or is vohmtarily reconveyed, the Secretary may require

the transferee or lessee—

(i) To reimburse the United States for the decrease in vrdue of the

transferred or leased surplus Federal real properry not due to-

(A) Reasonable wear and ta,

(B) Acts of God; or

(C) Reasonable alterations made by the transferee or lessee to adapt

the surplus Federal real property to the approved program and plan of

use for which it was transferred or leased;

(ii) TO reimburse the United States for any costs incurred in

reverting title or possession;

(iii) TO forfeit arty cash payments made by the transferee or lessee

against the purchase or lease price of surplus Federal real propty

transferred;

(iv) To take any other action directed by the Secretary; or

(v) To comply with any combination of the provisions of paragraph

(a)(3) of this section.

(3) If the transferee or lessee does not put the surplus Federal real

property into use witbin the applicable time limitation in Sec. 12. 12(a),

the Secretary may require the transferee or lessee to make cash

payments to the Secretary equivalent to the current fair market rental

value of the surplus Federal real propxry for each month during which

the program and plan of use has not been implemented.

(Authority: 40 U.S.C. 484(k)(4))

(4) If the Secretary determines that a lessee of a transferee or a

sublessee of a lessee is not complying with a term or condition of the

lease, or if the lessee voluntarily surrenders the premises, the Secretary

may require termination of the lease.

(Authority: 40 U.S.C. 484(k)(4)(A))

(b) Additional sanction for noncompliance with off-site transfer. in

addition to the sanctions in paragraph (a) of this section, if the

Secretary determines that a transferee is not complying with a term or

condition of a transfer of off-site surplus Federal real propcfiy, the

Secretary may require that the unearned PBA become immediately due

and payable in cash to the United States.

(Authority: 40 U.S.C. 484(k)(4)(A))

E-52 December 1997
DoD Base Reuse Implementation Manual

Subpart E—Abrogation

Sec. 12.15 What are the procedures for securing an abrogation of

the conditions and restrictions contained in the conveyance

instrument?

(a) The Secretary may, in the Secretary’s sole discretion, abrogate

the conditions and restrictions in the transferor lease instrument if—

(1) The marrsferee or lessee submits to the Secretary a written request

that the Secretary abrogate the conditions and restrictions in the

conveyance instrument as to all or any portion of the surplus Federal

real properry;

(2) The Secretary determines that the proposed abrogation is in the

best interfsts of the United States;

(3) The Secretary determines the terms and conditions under which

the Secretary will consent to the proposed abrogation and

(4) The Secretary transmits the abrogation to the Administrator and

there is no disapproval by the Administrator within thirty (30) days

after notice to the Administrator.

(b) The Secretary abrogates the conditions and reso-ictions in the

transfer or lease instrument upon a cash payment to the Secretary based

on the formula amained in the transferor iersse instrument and any

other terms and conditions the Secretary deems appropriate to protect

the interest of the United States.

(Authority: 40 U.S.C. 484(k) (4)(A)(iii))

Appendix A to Part 12.—Public Benefit Allowance for

Transfer of Surplus Federal Real Property for Educational

Purposes Ill - -

~ No.

2. 3. .4. 5.

::

Line

y.

2.

3.

4.

5.

;:

1 .

2.

3.

Percent

al~g

public

benefit

Classification allowance

Elementary or high SC?OOIS 70 Colleges ox Unxversltxes 50

Specialized schools

Public libraries or educational museums /2/ 1::

School outdoor educa:ion 40

Central +dmnastr$rave and/or service centers 80

Nm-profxt educational research organizations 50

[ . .Table continues.. ]

C&ganization allowances

Inadequacy of

exxstxng

school plant

facilities

Public

Federal semice

Line No Accreditation impact

10- 26- 51-

training Hardship 25% 50% 100%

10 H

10 20 30 10 i: 10 20 30 10 10 10 20 30

f.:

:: 20 10

[ .Table continues. 1

Utilization allowances

Maxim+m

In~c&ti On Student

he,~th

publ+c

benef ~t

instructional Semite to

Line No.

allowance

p.rog.ram.s wel f are Research handicapped /4/

10 10 10 10 ID 100 10 10 10 10 10 100 10 10 100

10 /31 10 /21 100 10 70

10 10 10 1::

[** This header applies to all remaining columns in tl-is segment and

extends to the next segment.]

/1/ Thk Appendix applies to transfers of both on-site and off-site

surplus property,

/2 Applicable when this is the primary use to be made of the propefly.

The public benefit allowance for the overall program is applicable

when such facilities are conveyed as a minor component of other

facilities.

/3/ This 10% may include an approvable recreation program which will

be accessible to the public and entirely compatible with, but

subordinate to, the educational proe~m.

/4/ This column establishes the maximum discount from the fair

tnmket vatue for payment due from the transferee at the time of the

transfer. Ttris cohmrn does not apply for purposes of rankng applicants

to determine to which applicant the property will be transferred.

Competitive rankings are based on the absolute total of public benefit

allowance points and are not limited to the 100% ceiling.

Description of Terms Used in This Appendix

“Elementary or High School” means an elementary school

(including a kindergarten), high school, junior high school, juniorsenior high school or elementary or secondary school system, that

provides elementary or secondary education as determined under State

law. However, it does not include a nursery school even though it may

operate as part of a school system.

“College or University” means a non-profit or public university or

college, including a junior college, that provides postsecorsdary

education.

“Specialized SchooY’ means a vocational school, area trade school,

school for the blind, or similar school.

“Public Library” means a public library or public library service

system. not a school library or library operated by non-profit, private

organizations or institutions that may be open to the general public.

School libraries receive the public benefit allowance in the appropriate

school classification.

“Educational Museum” means a museum that conducts courses on a

continuing, not ad hoc. basis for students who receive credits from

accredited pos[secondary education institutions or school systems.

‘School Outdoor Education” means a separate facility for outdoor

education as distinguished from components of a basic school.

Components of a school such as playgrounds and athletic fields receive

the basic allowance applicable for that type of school. The outdoor

education must be located reasonably near the school system and may

be own to and used by the general public, but only if the educational

program for which the property is conveyed is given priority of use.

This category does not include components of the school such m

playgrounds and athletic fields, that are utilized during the normal

school year, and we rwailable to all students.

“Central Administrative andlor Service Center” means

administrative office space, equipment storage areas, and similar

facilities.

Description of Allowances

“Basic Public Benefit Allowance” means an aflowarrce that is earned

by an applicant that satisfies the requirements of Sec. 12.10 of this

part.

Organization Allowance

“Accreditation” means an allowance that is earned by any

posrsecondary educational institution, including a vocational or trade

school, that is accredited by an accrediting agency recognized by the

Secretary under 34 CFR part 602.

“FederaJ Impact” means an allowance that is earned by any local

educational agency (LEA) qualifying for Federal financial assistance as

the result of tbe impact of certain Federal activities upon a community,

such as the following under Public Law 81-874 and Public Law 81-

815: to any LEA charged by law with responsibility for education of

December 1997 E-53
34 CFR Part 12: Depatlment of Education

children who reside on, or whose parents rue employed on, Fedeml

property, or both; to any LEA to which the Federal Government has

caused a substantial and continuing financial burden as the result of

the acquisition of a certain amount of Federal property since 1938; or

to any LEA that urgently needs minimum school facilities due to a

substantial increase in school membership as the result of new or

increased Federal activities.

“Public Services Training” means an allowance that is earned if the

applicant kdt or ROTC units or other psonnel training Conwts

for the Federal or State govcmments. This is given to a school system

only if the particular school receiving the property furnishes that

training.

“Hardship” means an allowance earned by an applicant that has

suffered a significant facility 10SS because of tire, storm, flood, other

disaster, or condemnation. This allowance is also cared if unusual

conditions exist such as isolation or economic factors that require

special consideration.

“Inadequacies of Existing Facilities” means an allowance that is

earned on a percentage basis deper-dng on the degree of inadequacy

considering both public and nonpublic facilities. Overall plant

requirements are determined based on the relationship between the

maximum enrollment accommodated in the present facilities,

exchsdlng double and night sessions and the anticipated enrollment if

the facilities are transferred. Inadequacies may be computed for a

component school unit such as a school farm, athletic field, facility for

home economics, round-out school site, cafeteria, auditorium,

teacherages, faculty housing. etc., only if the component is required to

meet State standards. In that event, the State Department of Education

will be required to provide a certification of the need. Component

school unit inadequacies may only be related to a particular school and

not to the entire school system.

Utilization Allowances

“Introducaon of New Insmredonal programs” means an sdlowance

that is earned if the proposed usc of the propc~ indicates that new

programs will be added at a particular school. Examples of these new

programs include those for vocational education, physical education,

libraries, and similar programs.

“Student Health and Welfare” means an allowance that is earned if

the proposed program and plan of use of the property provides for

cafeteria clinic, infirmary, bus loading shelters, or other uses providing

for the well-being and health of students and eliminating safety and

health hazards.

“Research” means an aJlowance that is earned if the proposed use of

the property will be predominantly for research by faculty or graduate

students under school auspi~ or other primary educational research.

“Service to Handicapped” ~ an allowance that is earned if the

proposed program and plan of use for the propeq will be for special

education for the physically or mentafly handicapped.

E-54 December 1997
400 Departmental Manual

Department of the Interior

PART 11 4-47-UTILIZATION AND DISPOSAL OF REAL

PROPERTV

Sec. 114-47.000 Scope of pa-t.

Sec. 114-47.103 Definitions.

Sec. 114-47.103-50 Available real property.

Sec. 114-47.103-51 Excess real property.

Sec. 114-47,103-52 Surplus real propmy.

Sec. 114-47.201 General provisions of subpart.

Sec. 114-47 .201-1 Policy.

Sec. 114-47 .201-2 Guidelines.

Sec. 114-47 .201-3 Lutds withdrawn or reserved from the public

domain,

Sec. 114-47.202 Reporting of excess real property.

Sec. 114-47 .202-1 Reporting requirements.

Sec. 114-47 .202-4 Exceptions to reporting,

Sec. 114-47 .202-6 Repom involving the public domain.

Sec. 114-47.202-10 Examination for acceptability.

Sec. 114-47.203 Utilization.

Sec. 114-47 .203-1 Reassignment of real properry by the agencies.

Sec. 114-47 .203-2 Transfer and utilization.

Sec. 114-47 .203-3 Notification of agency requirements.

Sec. 114-47 .203-7 Transfers.

Sec. 114-47 .203-8 Temporary utilization.

Sec. 114-47.204 Determination of surplus.

Sec. 114-47 .204-2 Property excepted from reporting.

Sec. 114-47.301 General provisions of subpart.

Sec. 114-47 .301-3 Disposals under other laws.

Sec. 114-47 .301-5 Records and reports.

Sec. 114-47.302 Designation of disposal agencies.

Sec. 114-47 .302-2 Holding agency,

Sec. 114-47.304 Advertised and negotiated disposals.

Sec. 114-47 .304-8 Report of identical bids.

Sec. 114-47.304-12 Explanatory statements.

Sec. 114-47.304-50 Sales to Government employees.

Sec. 114-47.304-51 Noncollusive bids and proposals.

Sec. 114-47.304-52 Compliance review.

Sec. 114-47.308 Special disposal provisions.

SW. 114-47 .308-3 Propmy for historic monument sites,

Sec. 114-47 .308-7 Properry for use as public pak or recreation areas.

SW. 11447.401 General provisions of subpart,

Sec. 114-47 .401-6 Interim use and occupancy.

Sec. 114-47.501 General provisions of subpart.

Sec. 114-47 .501-4 Findings.

Sec. 114-47.503 Abandonment and destruction.

Sec. 114-47 .503-1 General.

Sec. 114-47 .503-3 Abandonment or destruction without notice.

Sec. 114-47.603 Delegation to the Department of the Interior.

Sec. 1 1%47.800 Scope of subparr.

Sec. 114-47.802 Procedures.

Sec. 114-47.802-50 Disposal criteria,

Sec. 114-47.802-51 Funds and statutory authority.

Sec. 114-47.802-52 Bureau implementation.

Sec. 114-47.802-53 Intrabureau records.

Sec. 114-47.802-54 Annual report to the Department.

Sec. 114-47.5101 SCOF of subpart.

Sec. 114-47.5102 Applicability.

Sec. 114-47.5103 Definition of @rnit.

Sec. 114-47.5104 Audrority.

Sec. 114-47.5105 Limitations.

Sec. 114-47.000 Scope of part,

The provisions of this pan are applicable to all available, excess, and

surplus real property and related personal property under the

jurisdiction of Bureaus and Offices of the Department of the Interior in

the United States, the District of Columbia, the Commonwealth of

Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust

Territory of the Pacific Islands.

[40 FR 33217, Aug. 8, 1975]

Sec. 114-47.103 Definitions.

Sec. 114-47.103-50 Available real property.

Available real propaty is propmy which is no longer needed for the

program activities of dte Interior Bureau or Office having control

thereof and which properly may be determined to be excess if no

further need exists for such property within the Department of the

Interior.

Sec. 114-47.103-51 Excess real property.

Excess real propcny is real propefiy not required for the program

activities of the Federal agency (see FPMR 10143.104-7) having

jurisdiction over the property. With respect to real property under the

control of an Interior Bureau or Office, excess real property is that

which is not required for the program activities of any Bureau or Office

of the Department of the Interior, as determined by circulsuization (see

IPMR 11 4-47.203).

Sec. 114AI7.103-52 Surplus real property.

Surplus real property is any excess real property not required for the

needs and responsibilities of any agency of the Federal Government.

Sec. 11447.201 General provisions of subpart.

Sec. 114-47.201-1 Policy.

It is the policy of the Department of the Interior to:

(a) Survey all of its real property holdings at least once each year to

determine that which is available for reassignment withr the

Department and that which is excess to its program needs.

(b) Achieve the maximum utilization by Interior Bureaus and

Offices, in terms of economy and efficiency, of available real property

in order to minimize expenditures for the purchase of real property.

(c) Provide for the reassignment of available real properry among

Interior Bureaus and Offices and facilitate the transfer of excess real

properry to other Federal agencies.

Sec. 11447.201-2 Guidelines.

(a) Each Interior Bureau and Office having jurisdiction over real

property shafl:

December 1997 E-55
400 Departmental Manual Department of the Interior

(1) Survey all of its real property holdings at least once each year to

determine which holdings, or portions thereof, are no longer needed in

Interior programs or are uneconomically utilized. (See IPMR 114.

47.8.)

(2) Promptly facilitate the transfer of real property which becomes

available as a result of program completions. charges, curraiiments,

etc.

(3) Except as provided in IPMR 114-47 .202-4 and 114-47.202-6,

promptfy report to the General Services Administration real property

which has been determined to be excess to the Department’s needs.

(See IPMR 114-47 .203-1.)

(4) Maintain its inventory of real property at the absolute minimum

consistent with the economical and eftlcient conduct of assigned

programs.

(b) Each Interior Bureau and Office shafl, so far as is practicable and

to the extent compatible with its program requirements, fulfill its needs

for real property by utilization of available property offered by other

Interior Bureaus and Offices and excess prope~ held by other Federal

agencies.

(c) Guidelines for noti~ing the General Sewices Administration of

requirements for real property are set forth in IPMR 114-47.203-3.

[35 FR 295, Jim. 8, 1970, as amended at 36 FR 24004, Dec. 17,

1971]

Se~ 114-47.201-3 Lands withdrawn or reserved from the public

domain.

(a) Withdrawn or reserved public domain kinds, improved or

unimproved, no longer needed by the holdlng Bureau or Office should

be reported to the appropriate office of the Bureau of f-and

Management as provided in 43 CFR 2370.0-1 through 2374.2. If the

Bureau of Land Management with the concurrence of the General

Services Administration, determines that the property is not suitable

for return to the public domain or disposable under the public land

laws, then the circularization requirement of IPMR 114- 47.203-1 and

the reporting requirements of FPMR 101-47.202 will thereafter apply

to such property.

(b) Improvements located on public domain land but being disposed

of apart from such land are not reportable to the Bureau of Land

Management.

[35 FR 295, Jan. 8, 1970, as amended at 38 FR 9081, Apr. 10, 1973]

Sec. 114-47.202 Reporting of excess real property.

Sec 114-47 .202-1 Reporting requirements.

(a) The authority to report such property as is no longer needed

within the Department as excess to the General Services

Administration has been delegated to the heads of Bureaus and offices

in 205 DM 10.

(b) Any request made by the Administrator of General Services for

an office of this Department to institute specific surveys in accordance

with tAis subsection must have the adwince approval of the Assistant

Secretary-Policy, Budget and Adminis&ation.

[35 FR 295, Jan. 8, 1970, as amended at 36 FR 17038, Aug. 27,

1971; 38 FR 9081, Apr. 10, 1973]

Sec. 114-47.202-4 Exceptions to reporting.

FPMR 101-47.603 delegates authority to the Secretary of the Interior

to determine real property having an estimated fair market value of less

than $1.000 to be surplus to the needs of all Federal agencies and

thereafter to dispose of such propeny, This authority has been

redelegate to the heads of Bureaus and Offices in 205 DM 10. The

delegation includes a provision excepting such properry from the

reporting requirements of FPMR 101-47.202-1. Therefore, excess real

property (including land, with or without improvements) having an

estimated fair m=ket vatue of lCSS than $1,000 is also excepted from

reporting to the General Services Administration.

Sec. 11447 .202-6 Reports involving the public domain.

(a) The procedures set forth in skis section (see also IPMR 114-

47.201 -3) shall be complied with before any withdrawn public domain

l~d is declared to the General Services Administration as excess to

brterior needs.

(b) Excess withdrawn public domain land, with or without

improvements. having an estimated fair market value of less than

.S 1,000 is excepted from reporting to the General Services

Administration as provided in IPMR 114-47.202-4. The provisions of

this section must be complied with before any such land is determined

by the holding Bureau or Office to be excess or surplus,

Sec. 11447.202-10 Examination for acceptability.

Care must be taken to insure that complete and accurate excess

KPOSW S .F. 118, wc furnished the General Services Administration as

the holding bureau must bear the expense of care and maintenance of

the property for a period of 12 months plus the period to tJre first day of

the succeeding quarter of the fiscal yew after the date of receipt by

GSA of an acceptable excess report.

Sec. 114-47.203 Utilization.

Sec. 114-47.203-1 Reassignment of real property by the agenaes.

Available real property shall be screened against Department of the

Interior needs in accordance with this Sec. 114-47.203 before it is

determined to be excess. The authority to reassign or to transfer

available real property and related personaf property has been delegated

to heads of Bureaus and Off;ces in 205 DM 10.

(a) Holding bureau utilization. Each Bureau and Office holding

available real property (see definition in IPMR 114-47.103-50) shafl

insure that its own offices are afforded an opportunity to utilize such

property either prior to or simultaneously with circularization of other

Bureaus and Oftlces of the Department.

(b) Circularization of real property under $1,000 in value. Routine

written circularization of available real property having an estimated

fair market value of less than S 1.000 should be avoided. Real property

in this category shalI be offered to those Interior and other Federal

agency oftlces which the holding office believes might be interested in

its acquisition, considering the nature and location of the property.

(c) Circularization of rtml property $1 ,fNO and over. Available real

propmy having an estimated fair market value of $1,000 or over shafl

be offered to bureaus and offices of the Department of the Interior as

provided in IPMR Temporary Regulation No. 6 before it is determined

to be excess: Provided, That where the head of the regional, area or

State office responsible for the property determines that its nature or

location virtually precludes further Departmental utilization, and such

determination is made a part of the disposal record, then the property

shall be subject to such circularization as he may direct. (See also

lPMR 11447 .203-1 (f).)

(d) Circularization of power transmission facilities. The approval of

the appropriate program Assistant Secretary shall be obtained prior to

circularization of any available power transmission line or related

facility having an estimated fair market value of $1,000 or more.

(1) in the case of planned disposal of facilities held by the

Bonneville Power Administration, Alaska Power Administration. and

the Southwestern Power Administration such approval shall be

obtained from the Assistant Secretary-Energy and Minerals.

(2) In the case of planned disposal of facilities held by the Bureau of

Reclamation, approval of the Assistant Secretary-Land and Water

Resources shall be obtained.

(3) Requests for approvrd to initiate action to dispose of power

transmission facilities shall be accompanied by a complete description

E-56 December 1997
DoD Base Reuse Imdementation Manual

of the circumstances which the holding Bureau believes makes such

disposal feasible. A copy of each request shall be furnished the Chief,

Division of Propetty ManagemerrL Office of Administrative

Management Policy.

(e) Reimbursement. Transfers of available real property withhr tJre

Department of the Interior shaJl be made without exchange of funds,

except

(1) The dispesing bureau may elect to receive reimbursemen~ to the

extent that it would receive reimbursement under FPMR 101-47 .203-7

if the property were excess, where the propmy being transferred is

reimbursable by law, unless such requirement for reimbursement can

be satisfied or equitably avoided through appropriate accounting

procedures.

(~) The mceivlng bureau sh~] m&e reimbumement< detc~in~ ~

though the property were excess in accordance with FPMR 101-

47.203-7, in all instances where the property being acquired will be

carried in accounts disposals from which are reimbursable.

(f) Determination of rerd property as excess. Real property not

transferred as a result of the circularization prescribed in this Sec. 114-

47.203- I shall be determined to be excess to the needs of the

Department of the Interior. The excess detemtination shafl be

evidenced in writing and made a part of the disposal file. If reportable

in accordance with FPMR 101-47.202, it shall be promptly declared to

the General Services Administration. If not reportable under such

regulations or IPMR 114-47.202-4, it shall be determined to be surplus

promptly in accordance with the provisions of FPMR 101-47.2.

[35 FR 295, Jan. 8.1970, as amendedat38FR9081, Apr. 10, 1973;

40 FR 12080, Mar. 17. 1975;40FR21954. May 20, 1975]

Se~ 114-47 .203-2 Transfer and utilisation.

The authority to transfer excess real property to other Federal

agencies and to obtain excess rcaJ property from other agencies has

bear delegated to the heads of Bureaus and Offices in 205 DM 10.

Transfers to and from other agencies shall be made in accordance with

the provisions of FPMR 101-47.2.

Sec. 114-47.203-3 Notification of agency requirements.

Because of the nature of the conservation programs cru-nied on by

this Department most of its requirements for real propcrry, particularly

land, are dictated by such factors as geographical location, topography,

engineering and similar characteristics which limit the extent to which

excess real property can be utilized, For example. rquiremerms for land

for use as a refuge. park, or a darn site are generally for specific land,

and land already in Government ownership or control can be utilized

for these purposes only when its location and other characteristics

coincide with the program need, Therefore, the appropriate GSA

regional office shall be notified of requirements for real property only

when

(a) Specific property is not required, or

(b) Specific property is required and such properry is held in the

GSA excess inventory or is held by another Federal agency outside the

Department of the Interior.

Note: The provisions of this Sec. 114-47 .203-3 do not appl y to

acquisition by lease of interests in real propcfiy as covered in FPMR

101-18.1.

See- 114-47 .203-7 Transfers.

(a) One copy of GSA Form 1334, Request for Transfer of Excess

Real Propc@ and Related Personal Property, shall be furnished the

Director. Office of Administration and Management Policy (PM),

oftlce of the Assistant Secretary-Policy, Budget and Atilnistration,

when

(1) The request seeks to acquire excess rcrd propmy without

reimbumement regardless of the appraised fair market vafue of the

property, or

(2) The request for transfer involves excess real property having a

total appraised fair market vafueof$100,000 or more.

(b) Except as provided in lPMR 114-47.203-7(e), transfers of excess

real property to Fedcml agencies outside of the Department of the

Interior must have the prior approval of the General Services

Administration. Bureaus and offices holding excess real properry

which is subject to this prior approval shall refrain from makhyg

commitments to other Federal agencies regarding transfer of such

property. Any inquiries received from potential transferees shall be

referred to the appropriate GSA regional office for determination,

(c)-(d) [Reserved]

(e) FPMR 101-$7.203-7(e) provides that certain categories of excess

real property may be transferred by the holding agency witbout

reference to GSA. In addition to the categories listed, Bureaus and

offices of thk Dcparoncrrt may transfer, without reference to GSA, any

excess rcaJ properry having an estimated fair market value of less than

S1 ,000 in accordance with the authority delegated in 205 DM

1O.3A(6).

(f) Whenever a Bureau or office seeks to acquire excess real property

without reimbursemenL the certification required by FPMR 101-

47.203- 7( f)(2) (iii) shall be signed by an ot%cial not below the Chief

Adminisuative Oftlcer of the Bureau. Similarly, whenever Block 9 of

GSA Form 1334 is checked to indicate that funds are not available for

reimbursement for the rxansfer of the property, the certification in

Block 10 of such fomr shall be signed by an ofticial not below the

Chief Administrative Ofticer of the Bureau.

[36 FR 24004, Dec. 17, 1971, as amended at 39 FR 12989, Apr. 10,

1974; 40 FR 5527, Feb. 6, 1975]

Sec. 114-47203-8 Temporary utilization.

Interior regulations -fyeming the temporary use, by anodrer Federal

agency, of real property determined to be excess to Department of the

Interior needs arc contained in IPMR 114-47.51.

Sec. 114-47.204 Determination of surplus.

Sec. 114-47.204-2 Property excepted from reporting.

Excess property having an estimated fair market vahse of less than

$1,000, and not designated for utilization by another Federal agency, is

subject to determination as surplus by the holding Bureau or Office in

addition to the nonrcportable properties listed in FPMR 101-47.202-4.

Sec. 114-47.301 General provisions of subpart.

Sec. 114-47.301-3 Disposals under other laws.

Numerous special statutes are on the books which authorize the

Secretary to dispose of real property no longer needed for program

purposes by the holding Bureau or Office. Many of these laws predate

the Federal Property and Administrative Services Act of 1949, as

amended. Where such special law provides that disposaJ will be made

to the general public. as opposed to a specific named individual, firm,

or organization, dkpo.ml shall be subject to the utilization and disposal

provisions of IPMR 114-47,

Sec. 114-47-301-5 Records and reports.

A Report of Surplus Real property Disposals and Inventory, GSA

Form 1100. shall be prepared annually on a fiscal year basis by each

Bureau and Office holding real properry. The report shall be prtpared

and submitted in accordance with FPMR 101-47.4903 and the

following supplemental instructions:

(a) Preparation. (l) The report should include only surplus real

property inventory and disposals which are being rmsnsacted by Interior

Bureaus and Offices pursuant to disposal authorities delegated to the

Department in FPMR 101-47.302-2, 101-47.603, and any special oneDecember 1997 E-57
400 De~artmental Manual De~artment of the Interior

rime disposal authority which may be delegated by the General

Services Adminiswation.

(2) Transfers of available real properry between interior Bureaus and

rmnsfers of excess real property to other Federal agencies outside

Interior should not be reported on GSA Form 1100. However, in the

event rerd property is withdrawn from the SUCTSIUS inventory for further

Federal agency utilization, the uansaetion should be reported on Line

13 of the form.

(3) Note that disposal transactions, as well as inventory data, arc to

be reported on the basis of “locations’’-not number of transactions,

parcels of land, buildings, etc.

(b) Submission and due date. GSA Form 1100 shall be submitted in

original only, to the Director. Office of Acquisition and Property

Management by not later than the 25th of July of each year. Negative

reports am required and maybe submitted in the form of a

memorandum in Iieu of GSA Form 11 CO.

[37 FR 5250, Mar. 11, 1972. as amended at 40 FR 5527, Feb. 6,

1 975]

Sec. 11447.302 Designation of disposal agencies.

Sec. 114-47 .302-2 Holding agency.

The disposrd aurhori~ conferred in the Secretary by ths subsection

has been delegated to heads of Bureaus and Offices in 205 DM 10.

See. 114-47.304 Advertised and negotiated d~posals.

Sec. 114-47.304-8 Report of identical bids.

(a) The reporting requirements specified in FPMR 114-47 .304-8 are

applicable to all sales of Government-owned properry made on a

competitive basis whether competition is obtained through sealed bid,

negotiation. auction. or s~t bid procedures. They apply to:

(1) Program sales made pursuant to special statutes authorizing the

Secretary of the Interior to sell specific real properdes. and

(2) Sales of surplus real property made pursuant to the provisions of

the Federal Propc~ and Administrative Services Act of 1949, as

amended.

(b) Reports on identical bids required by this subsection shall be

submitted by the heads of Bureaus and Offices directly to the Attorney

General in accord with FPMR 101-47.304-8. A copy of the transmittal

letter and a copy of the abstract of bids shall be furnished to the Chief,

Division of Property Management, Office of Acquisition and ProWrry

Management.

[40 FR 21954. May 20, 1975]

Sec. 114-47.304-12 Explanatory statements.

(a) Explanatory statements required to be submitted to the General

Services Administration for transmittal to the committees of the Senate

and House of Representatives pursuant to FPMR 10147.304-12 shall

be prepared following the outline shown in FPMR 101-47.4911. Such

statements shall be submitted as attachments to a transmittal letter

addressed to the Administrator, General Services Administration,

Washington, D.C. 20405, prepared for the signature of the Assistant

Secretary-Policy, Budget and Adrninistratiom

(b) The background and justification portion of this submission shall

be a narrative statement fully showing that the properry is in fact

surplus (e.g., the goods and serviees produced by the property are no

longer needed), and a complete justification both for the decision to

sell at all. and to sell by negotiation rather than advernsing.

(c) Twenty-two (22) mimeographed copies of such notices shall be

submiued to the Assistant Secretary-Policy, Budget and

Administration. twenty (20) of which are for submission to the GeneraI

Services Administration and rransntittal to the appropriate committees

of the Congress. The letter cransmircing each such notice to the

Assistant Secretary-Policy, Budget and Administration, shall include

any additional supporting data m may not be incorporated in the

“background and justification” portion of the explanatory statement. -

[35 FR 298, Jan. 8, 1970, as amended at 36 FR 17038, Aug. 27,

1971; 38 FR 8159, Mar. 29, 1973]

See 114-47.304-50 Sales to Government employees.

In instances where thk Department acts as disposal agency, surplus

real property may be dkposed of by sale, lease, or orbcrwise to Federsd

employees or their spouses only where all of the following eondl tions

arc met

(a) The invitation for bids states the extent to which Federal

employees are eligible to bid and requires Federal employees to

identify themselves, their organization, and position. with similar

information from spouses.

(b) Notice is given that no awards will be made to Federal

employees or their spouses who might reasonably be expected to have

information with regard to the property or its uses which is not readily

available to members of the public, or who participated in the decision

to dispose of the property, or in the srde itself.

(c) The sale is conducted under publicrdly advertised, sealed bid

procedures.

Note: Disposals under this pamgraph apply only to actions taken

pursuant to the Federal Property and Administrative Services Act of

1949, as amended. For disposals of public lands to employees of the

Department, see 43 CFR Part 7.

Sec. 114-47.304-51 Noncollusive bids and proposals.

(a) Cerdficate of independent price determination: A certificate of

independent price determination shall be required with each bid or

offer for the purchase of real property, except where the price is fixed

in advance of sale pursuant to law or regulation.

(1) The certificate of independent price determination clause

contained in Condition No. 20 of the General Sale Terms and

Conditions, Standard Form 114C. shall be included in all invitations

for bids and requests for quotations on Government sales of real

property and shall be submitted with sealed bids and written quotations

submitted in response thereto.

(2) Auction and spot bid sales: Bureaus and Offices conducting sales

of Government property by the auction or spot bid methods shall

inchrde an appropriate provision in the sales notice which will put the

successful bidder on notice that he will be required, as a condition of

award, to sign a certificate to the effect that “the bid was arrived at by

the bidder or offeror independently, and was tendered without

collusion with any other bidder or offeror.”

(3) The requirement for a certificate of independent price

determination applies to sales of surplus real prope~ and to program

srdes made pursuant to special statutes as referred to in IPMR 114-

47.304-8(a).

(b) The authority to make the determination described in paragraph

(d) of Condition No. 20 of the General Sale Terms and Conditions,

Standard Form 114C, is vested in the head of Bureaus and Offices and

may not be redelegate.

(c) Reporting suspected antitrust violations: Whenever any Bureau

or Office has factual information leading it to believe or suspect that

bids received in response to a sales offering evidence of collusion on

the part of two or more bidders designed to eliminate competition, full

particulars shall be submitted to the Solicitor for consideration and

possible referral to the Attorney General. This submission should

include a summary of the pertinent facts concerning the reported case

and, in the case of a formally advertised sale, a copy of the Invitation

for Bids, the Abstract of Bids, and the bid of bidder(s) suspected of

irregular practices; the name of the successful bidder and reason why

the award was made to him; and any other information available which

E-58 December 1997
DoD Base Reuse Imdementation Manual

might tend to establish possible violation of the antitrust laws. Reports

required by this paragraph are in addition to and not in lieu of the

identical bid reports required by IPMR 114-47.304-8.

(1) Reporting procedure: Reports of suspected antitrust violations

should be transmitted to the Solicitor in the following format:

Assistant Attorney General,

Antitrust Division,

Department of Jusaee,

Washington, D.C. 20530.

Dear Sir We transmit to you a case where bids received in response

to Invitation No. — for (item(s) description), to be sold (sale

date), were opened by (selling bureau or office and location) on —

—, 19—. Evidence of collusion or other conduct in violation of

antitrust laws is herewith reported as follows:

Award wrM made to (In the next

sentence explain the method by which the successful bidder was

selected, i.e., high bidder, etc., unless all bids were rejected and the

sale effected by readverdsement or negotiation, in which case, furnish

details.)

Sincerely yours,

Solicitor,

Enclosure:

(2) The following copies are required:

(i) Original on “Office of the Solicitor” stationery

(ii) Shadow copy to accompamy the original on letterhead tissue

(iii) White surname box copy on letterhead tissue

(iv) White letterhead tissue copy to be marked “Docket Copy”

(v) White letterhead tissue copy to be marked “Director, Office of

Acquisition and Property Management.”

(vi) Other information copies as maybe required by the Bureau or

office.

[35 FR 298, Jan. 8, 1970, as amended at 36 FR 221, Jan. 7, 1971; 40

FR 5527, Feb. 6, 1975]

Sec. 114-47.304-52 Compliance review.

The head of each Bureau and Office engaged in programs which

involve the conduct of sales of Government properry in the categories

referred to in IPMR 114-47.304-8(a) shafl install an appropriate

monitoring system at the headquarters office level to ensure

compliance with the provisions of IPMR 114-47 .304-8 and 114-

47.304-51. The monitoring system installed by each Bureau and Office

will be subject to review by the Department’s internal audit staff to

determine its adequacy and effectiveness,

[36 FR 221, Jan. 7, 1971]

Sec. 114-47.308 Special dqosal provisions.

[35 FR 10434, June 26, 1970]

Sec. 11447 .308-3 Property for historic monument sites.

The Director, Bureau of Outdoor Recreation, shall make all

determinations and perform all other functions assigned to the

Secretmy in FPMR 101 47.30S- 3. The authority to exercise the

authority conferred in the Secretary by FPMR 101-47 .308-3 has been

delegated to the Director. Bureau of Outdoor Recreation in 248 DM 1.

[36 FR 14741. Aug 11, 1971]

Sec. 114-47.308-7 Property for use as public park or recreation

areas,

The Director, Bureau of Outdoor Recreation, shall snake aJl

determinations and perform all other functions assigned to the

Secretary in FPMR 101-308-7. The aurJrotity to exercise the authority

conferred in the Secretary by FPMR 101-47 .308-7 has been delegated

to the Director, BureatI of Outdoor Recreation in 248 DM 1.

[36 FR 14741, Au:. 11. 1971]

See. 114-47.401 General provtilons of subpart.

[35 FR 299, Jan. 8. 1970]

Sec 114-47 .401-6 Interim use and occupancy.

Intenor regulations governing the temporary use, by another Federal

agency, of surplus real property are contained in IPMR 114-47.51.

[35 FR 299, Jan. 8. 1970]

Sec. 114-47.501 General provisions of subpart.

Se~ 114-47.501=4 Findings.

(a) The findings specified in this subsection shall be documented in

the form of an approved Report of Survey.

(b) For purposes of FPMR 101 -47.501-4(b), a reviewing authority

shall be the same as spxified in IPMR 114-44.501-2.

Se~ 11447.503 Abandonment and destruction.

Sec. 114-47 .503-1 General.

The findings specified in FPMR 101-47 .503-1 shall be made by an

officiaJ not below a regional, area, or State Director.

Sec 114-47 .S03-3 Abandonment or destruction without notice.

Findings justifying abandonment or destruction of real property

without public notice shall be documented in the form of a Report of

Sumey approved by an appropriate reviewing authority. (See IPMR

11444 .501-2.)

Sec 114-47.603 Delegation to the Department of the Interior.

(a) The authority conferred in the Secretary by FPMR 101-47.603

has been delegated to the heads of Bureaus and Offices in 205 DM 10.

(b) Available real property having an estimated fair market vahte of

less than $1,000 shall ke screened in accordance with the provisions of

IPMR 114- 47.203-1(b) before a determination of excess or surplus is

made.

[37 FR 20543, Sept. 30, 1972]

Sec. 11447.800 Scope of subpart.

This subpart prescribes basic policies and procedures for periodic

review of real properry in tJre custody of Bureaus and Offices of the

Department to identify that which is unneeded, is underutilized, or is

not being put to its optimum use. It implements Bureau of the Budget

C]rcular No. A-2, revised. dated August 30, 1971, and FPMR 101-

47.8.

(a) The provisions of this subprm are applicable to the following

Federal real property hold@ in custody of this Department, wherever

located:

(1) Land acquired by purchase, condemnation, donation, lease, or

other methods, except lands exempted as provided in IPMR 114-

47. 800(b);

(2) Withdrawn public domain land. except that used for National

Park, National Forest or wildlife refuge purposes. Refer also to 603

DM 1 which establishes Departmental policy relating to the review and

restoration, in whole or in part, of withdrawn land no longer used or

required for the programs for which widrdrawn; and

(3) Buildings, and other structures and facilities squired by

December 1997 E-59
400 Departmental Manual De~artment of the Interior

purchase condemnation, construction, donation, lease, or other

methods, including Government-owned buildings. structures, and

facilities located on:

(i) Withdrawn public domain land;

(ii) Lands exempted from the provisions of this subpart by IPMR

114- 47.800(b); or

(iii) Other than Government-owned land.

(b) This subpart does not apply to the following properdes:

(1) Unreserved public domain land administered by the Bureau of

Land Management;

(2) Rights-of-way or easements granted to the Government;

(3) Indian tribal and trust properties;

(4) Oregon and Cafifomia revested lands (43 U.S.C. 1181a);

(5) Reconveyed Coos Bay Wagon Road Land Grant lands (43

lJ.S.C. 1181a);

(6) Land administered by the National Park Service, other than

administrative sites outside of the established boundaries of a national

park;

(7) Qsnd on Indian reservations witbin consolidation areas approved

by the Secretary of the tnterioc

(8) Land within the Nationat Wildlife Refuge System;

(9) Bankfread-Jones lands administered under a land conservation

and utilization program in accordance with the Taylor Grazing Act of

1934 (48 Stat. 1269);

(10) Land reserved or dedicated for national forest purposes; and

(1 I) Real property which is to be sold or otherwise disposed of and

which was acquired through foreclosure, confiscation, or seizure in

settlement of a claim of the Federal Government or through

conveyance to the Federal Government in connection with an

indemnity or loan insurance or guarantee program.

Sec. 114-47.802 Procedures.

(a) Annual review by Bureaus and Offices. Each Bureau and Office

having jurisdiction over real property in the categories referred to in

lPMR 1 I 4- 47.800(a) shafl conduct a systematic annual review of all

such property to identify that which is unneeded. is underutilized. or is

not being put to its optimum use. Every effort shall be made to effect

partial disposals of real propmy whenever circumstances will permit

economic separate disposal of the umeeded portion,

(1) In conducting the aonual review, Bureaus and Offices shafl be

guided by the standards and guidelines set forth in FPMR 101-47.801,

in addition to the disposal criteria prescribed in IPMR 114-47.802-50.

(2) In addition to the written record of the review of each individual

installation required by FPMR 101-47.802(a)(2), a written descriptive

listing of all properties identified as unneeded, underutilized, or not

being put to optimum use shall be maintained as provided in IPMR

114-47.802-53(b).

(3) The head of each Bureau or Office or his designee is authorized

to make the determination contemplated by FPMR 10 I -

47.802(a)(3)(i)(B).

(i) The requirement found in FPMR 101 -47.802(a)(3)(i)(B) for

obtaining the approvaf of the appropriate GSA regional office before

issuing permits or out-leases authorizing others to use temporarily

unutilized propcmy does nol appl y to:

(a) Permits or leases involving real property which is not subject to

the provisions of Office of Management and Budget Circular No. A-2

or this Subparr 114-47.8. (See IPMR 114-47.800(b)), or

(b) Permits authorizing other Interior Bureaus or Offices to use

property temporally not being used by the holding Bureau.

(ii) Where a Bureau or Office administers large numbers of program

leases such as agricultural leases. or grazing leases or permits on

withdrawn public domain land, the appropriate regional office of GSA

should be requested to approve the overall leasing program, thus

obviating the need to request approval of each individual lease or

permit m issued.

(b) GSA survey. (1) Bureaus and Offices shall cooperate fully with

GSA officials conducting surveys of real property holdings under their

jurisdiction in order to facilitate the overall objectives of the real

propetty review program.

(2) Notifications of GSA survey findings received in the Office of

the Secretary from the GSA Central Office in accordance with FPMR

101- 47.802(b)(5), will be forwarded to the B urcau or Office having

custody of the property involved. Referrals to Bureaus and Offices will

include a request for their comments and recommendations in any

cases where GSA recommends that specific properties should be

reported excess.

Sec. 114-47.802-50 Disposaf criteria.

The disposal criteria set forth in this subsection are provided for the

use and guidance of Bureaus and Offices in conducting the review of

real properry holdings and achieving effective and economical use of

such property. These criteria are in addition to the standards and

guidelines prescribed in FPMR 101-47.801.

(a) Property not utilized-no future use. Property not presently used

in the Bureau’s program for which acquired and for which there is no

foreseeable future need should be disposed of promptly by:

(1) Intrabureau transfer, transfer to other Interior Bureaus,

declaration to GSA as excess, or disposal as surplus pursuant to

authority delegated in 205 DM 10, or

(2) Reporting to the Bureau of Land Management in the case of

unneeded withdrawn public domain land. (See IPMR 114-47 .201-3.)

(b) Propc@ not presently utilized-known future need. Property not

presently being used, but for which a definite future proe- need

exists should be retained: Provided, That the property will be put to its

optimum use when the future probm is undertaken. Reasonable

efforts should be made to put property in this category into productive

use during the period it would otherwise remain vacant or idle (see

IPMR 114-47.802(a)(3)), either by:

(1) Permitting another Interior Bureau of Federrd agency to use the

property on an interim basis, or

(2) Interim leasing to non-Federal entities: Provided, That the

holding Bureau or Office has s~cific sratutory authority to lease

temporarily unused properry. (See 15 CG 96.)

(c) Property not presentfy utilized—possible future need. This

pertains to property not presently used in the Bureau’s program. but for

which a possible future need exists. The less certain or farther away

this possible future need is, the greater consideration must be given to

disposal, particularly if the pro~rty is not unique and replacement

properry could be acquired later if the need materializes.

(d) High value locations. An essential Bureau activity being carried

on at a vafuable real estate site might not be using such site to its full

economic advantage. For exampIe, at the time of acquisition the site

may have been in an outlying area, but may now be witfrh the growing

community, Such land is not unneeded or excess, sinm there is a

continuing program need for the installation, but the present land could

be sold for substantially more than the cost of suitable replacemem

facilities and the difference deposited in the Treasury,

(1) in these instances funds for replacement facilities must fka be

obtained through the normal budgetary processes, justified by the net

gain to be realized.

(2) Once the replacement facilities are avaiIable, the old facilities

should be dkposed of as unneeded in the usual manner.

(e) High cost facilities. An essential Bureau activity maybe

performed in facilities which have such art unusually high annual

operation and maintenance cost that replacement is justified. Some

examples of tbk might be:

(1) The work is being performed at several separate locations, with a

consequent loss of efficiency and higher costs.

(2) The work is being performed in severaf small buildings at the

one site. and would significantly benefit from operations being

consolidated in one building.

(3) The fficility is unusually expensive to maintain, due to age or

E-60 December 1997
DoD Base Reuse Implementation Manual

poor condition.

(4) The facility is so pcmrly planned or laid out, or so unsuitable for

the particular type of activity being carried on. that excess costs are

incurred.

(5) The facility is permanently underutilized, and is not susceptible

to partial disposrd rhrough sharing, rental, sale, etc.

In afl of paragraphs (c)( 1) through (5) of this section and in similar

instances, if the anticipated savings would so warrant, funds for

replacement should be sought through the normal budgetary processes,

justified by the net savings. Once the replacement facilities are

available, the old facilities should be disposed of as unneeded in the

usual manner.

(f) Property used by another Federal agency under permit. Property

for which a future need wm anticipated maybe utilized by another

Federal agency by permit from the holding Bureau. If reexamination of

the anticipated need discloses that such need will not materialize, the

Bureau having basic custody of the propmy should convey the

property to the permittce Bureau or agency by forrnsd transfer of

accountability.

(g) Property leased to non-Federal entities. property for which a

future need was anticipated may have been leased on art interim basis

to a non-Federal entity. If reexarnimtion of the anticipated need

dkcloses that such need will not materialize. the property should be

disposed of, subject to the provisions of the lease.

Sec. 114-47.802.51 Funds and statutory authority.

There may be cases where it will be necessary to secure additionat

funds or specific legislative authority before disposal of high-value

locations or high-cost facilities can be made and the necessary

replacement facilities acquired. However. this circumstance must not

delay the making of necessary surveys in order to identify properties in

these categories or the initiation of specific proposals looking toward

replacement. Proposals should be supported by estimates of

replacement costs and ultimate net savings. In seeking replacement

facilities:

(a) Such action as can be taken without additional funds or statutory

authority should be initiated at the earliest practicable time;

(b) Consideration should be given to obtaining available and excess

property presently held by other Interior Bureaus and other Federal

agencies; and

(c) The appropriate regional oftim of the General Services

Administration should be contacted to determine whether suitable

excess replacement facilities are available for transfer or expected to

become available withr a reasonable time.

Sec. 114-47.802-52 Bureau implementation.

In those Bureaus having large and varied real property holdings, the

general instructions in this chapter require further development for

effective application within the Bureau, particularly with respect to the

following:

(a) Retention criteria. Bureau implementation should include, to the

extent possible, uniform retention criteria for specific properties for the

guidance of field psrsonnel conducting the annual review required by

IPMR 114-47.802. The following is an example of retention criteria

which might be developed.

It maybe determined that a certain amount of land is needed to

accommodate a particular type or size of facility, such as an

administrative site. boarding school, day school, etc. Where this

determination can b-e made the needed acreage should be specified and

arty held for this purpose in excess of that amount should be considered

for disposal.

(b) Partial disposals. Bureau instructions should make clear that it is

not enough for a field office official to determine, for example, that a

program using 1,000 acres of land will continue to be carried on, but a

further determination should be made as to the need to retain the entire

1,000 acres and whether or not a part of the acreage cart be made

available for other utilization or disposal. It might stiIl be necessary to

provide employee housing, but 50 units might now be adequate and 10

units released. The units of prope~ to be released must, of course, be

of a nature or so located that they are susceptible of economic separate

disposal.

(c) Underutilization and uneconomical utilization. These situations

may be common or typical of certain phases of the Bureau’s program

at some locations, and further criteria are needed to show either how

they may be overcome or else why they must be accepted as a

tempomry condition due to the program requirements.

(d) Pro=wm utilization. There is a definite need for Bureau

particularization on what constitutes program utilization, m

distinguished from non-program but authorized utilization. There are

marry legitimate and necessary instances of utilization of real property

for nonprogram purposes. usually of a temporary nature, but such use

does not give it a progarn status. One rule of thumb might be whether

program funds would be expended to purchase land or construct

buildings for present uses of existing real propetty.

(e) Inspection and field review. The Bureau headquarters and

regional staff members responsible for thk aspect of real property

management shall include checking the effectiveness of compliance

and understanding at the regional and installation level, of this

pmgrarn, particularly on the completeness of both regional and

installation reports, and the development of adequate techniques for the

suwey at the installation level.

Sec. 114-47.802-53 Intrabureau records.

The head of each Bureau having jurisdiction over real properry shall

issue instructions to provide that each office responsible for conducting

the prescribed annual review of real proprmy holdings shall:

(a) Maintain a written record of the review of each individual

installation, which record will contain comments relative to each of the

guidelines set forth in FPMR 101-47.801(b).

(b) Mainrain a written descriptive listing of all properties or portions

of properties identified during each annual review as unneeded,

underutilized, or not beiig put to optimum use. whether or not disposal

action is going to be taken on the pmpcrties.

Sec. 11447.802-54 Annual report to tbe Department.

The head of each Bureau or Office having jurisdiction over real

property shall prepare an annual report, as of the end of each fiscal

year, summarizing the actions taken by the Bureau or Office to

implement the provisions of this Subpam 11447.8. The report will:

(a) brchsdc consolidated repotm for the Bureau in the form of

Appendices I, II, HI of this subpart. /1/ These Appendices ilhtsmate the

format and the order in which the requested data are to be reported and

should be followed to facilitate processing by the Department and

transmittal to the Office of Management and Budget.

NOTE 1 Filed as part of the original document.

(b) Include in the memorandum transmitting Appendices I, H, and

III. the following:

(1) A narrative statement describing, in general the actions taken

during the fiscal year to comply with the provisions of this Subpart

114-47.8. The narrative shall include, but not necessarily be limited to:

(i) A description of the analytical methods used to determine that

properties not listed in Appendices I and 11 are being put to optimum

use.

(ii) Actions taken to strengthen procedures for meeting the

objectives of the annual review program.

(iii) Actions taken by the head of the bureau and headquarters office

staff to insure full .- comulirrnce widr Office of Management and Budget,

.

December 1997 E-61
400 Departmental Manual Department of the Interior

General Services Adminisoadon, and Departmental regulations at all

levels within the bureau.

(2) A description of any particulu problems encountered by the

Bureau-in the management of real property.

(3) Recommendations as to actions Which might be taken by the

Properry Review Board. the Office of Management and Budget, the

General Services Administration. or the Department to improve the

management of real propcny.

(c) include, as attachments to the transmittal memorandum, two

copies of new or revised manual or other instructions issued by the

Bureau during the fiscal year. If none were issued, the report should so

indicate.

(d) Be prepared, in duplicate, and transmitted to reach the Director,

Office of Acquisition and Property Management by August 21 of each

year.

[36 FR 22294, Nov. 24, 1971, as amended at 40 FR 5527, Feb. 6,

1975]

See- 114-47.5101 Scope of subpart.

This subpart prescribes basic policy and criteria for the granting of

permits authorizing orher Interior Bureaus or other Federal agencies to

use real property in custody of Bureaus and Offices of the Department

of the Inlerior.

Sec. 114-47.5102 Applicability.

The provisions of this subpart are applicable to aU Federal real

property in custody of ths Department of the types referred to in

paragraph (a) of this section, wherever located.

(a) Specifically, ths subpart applies to utilization by permit of

(1) Lands: buildings, structures and facilities (including those

located on other than Government-owned land) acquired by purchase,

condemnation, donation, construction, Ieme, or other methods; and

(2) Withdrawn public domain land;

(b) This subparr does not apply to use permits involving the

following land and properties, bur it does apply to Government-owned

buildings. structures. and facilities located on such lands:

(1) Unreserved public domain;

(2) Rights of way or easements granted to the Government

(3) Indian tribal and trust properties;

(4) Oregon and California revested lands (43 U. SC. 1181a);

(5) Land administe~d by the National Park Service, other than

administrative sites outside of the established boundaries of a national

park

(6) Land on Indian reservations within consolidation weas approved

by the Secretary of the Interio~

(7) Land within the National Wildlife Refuge System; and

(8) Real property which is to be sold or otherwise disposed of and

which was aquircd through foreclosure, confiscation. or seizure in

settlement, of a claim of the Federal Government, or through

conveyance to the Federal Government in connection with an

indemnity or loan insurance or guarantee program,

Sec. 11447.5103 Definition of permit.

For purposes of thk subpart, a permit is defined to mean the

temporary authority conferred on one Government agency to use

property under the jurisdiction of another Govemmenr agency.

Sec. 114-47.5104 Authority.

While no statutory authority is rquired to execute a permit

authorizing the use of properry by another Federal agency, such use

may be granted only in the following instances:

(a) Nonexcess property. When it has been determined by the head of

the Bureau or OffIce, or hk designee(s), that there is a present or future

program requirement for the property, and the proposed use by the

rquesting agency conforms to the acquisition and use provisions of

Bureau of she Budget Circular No. A-2, Revised, &ted April 5, 1967.

(b) Excess or surplus prope~ in process of disposal. Excess or

surplus real property may be made available for short term use by

permit during the period it is being processed for timber Federal use or

disposal as provided in paragraphs (b)(l) and (2), of this section;

Provided, That the requesting agency conforms to the provisions of

Bureau of the Budget Circular No. A-2, Revised, dated April 5, 1967;

And provided further, That such temporary use or occupancy will not

interfere with, delay, or retard its transfer to another Federal agency, or

disposal.

(1) Permits granting interim use of the following properties maybe

executed without the approval of the General Services Administration:

(i) Excess or surplus real property, including land with or without

improvements, having arr estimated fair market value of less than

S1 ,CSCX3, and

(ii) SUrPlus improvements of any kind having an estimated fair

market value of S1 ,000 or more to be disposed of without the

underlying land. A permit may not be issued, however. until the

surplus determination has been made by theGeneral Services

Administration.

(2) Permits granting interim use of the following properties maybe

executed only with the approval of the General Services Administration

in each instance:

(i) Excess improvemerm of any kind, having an estimated fair

market value of $1.000 or more, to be disposed of witJrout the

underlying kind. In the event such improvements are subsequently

determined by the General Services Administration to be surplus

permits may be granted pursuant to IPMR 114- 47.5 I04(b)( 1 )(ii).

(ii) Excess or surplus land, with or without improvements, having an

estimated fair market value of.$ 1,000 or more.

Sec. 114-47.5105 Limitations.

The head of each Bureau or Office should impose such additional

limitations on the granting of use permits as he deems necessary for

effective utilization and disposition of real prope~ in the custody of

his Bureau,

E-62 December 1997
43 (Xl! Part 2370:

Bureau of land IWanagement

43 CFR PART 2370-RESTORATIONS AND REVOCATIONS

Subpart 2370-Restorations and Revocations; General

Sec.

2370.0-1 Purpose.

2370.0-3 AuthOritY.

Subpart 2372—Procedures

2372,1 Notice of intention to relinquish action by holding agency.

2372.2 Report to General Services Administration.

2372.3 Return of lands to the public domain; conditions.

Subpart 2374-Acceptance of Jurisdiction by BLM

2374.1 Property determinations.

2374.2 Conditions of acceptance by BLM.

AtJTHORtTY: 63 Stat. 377 as amended, R.S. 2478; 40 U.S.C, 472,43

USC. 1201.

Subpart 2370-Restorations and Revocations; General

Sec. 2370.0-1 Purpose.

The regulations of thk Part 2370 app~y to lands and interests in

lands withdrawn or reserved from the public domain, except lands

reset-veal or dedicated for national forest or national park purposes,

which are no longer needed by the agency for which the lands are

withdrawn or reserved.

[35 FR 9558, June 13, 1970]

Sec. 2370.0-3 Authority.

The Federal Properry and Administrative Services Act of 1949 (63

Stat. 377), as amended. governs the disposal of surplus Federal lards

or interests in lands. Section 3 of that Act (40 U.S.C. 472), as

amended, Februasy 28, 1958 (72 Stat. 29), excepts from its provisiorts

the following:

(a) The public domain.

(b) Lands reserwed or dedlcatcd for national forest or national park

purposes.

(c) MineraJs in lands or portions of lands withdrawn or reserved

from the public domain which the Sccrerary of the Interior determines

are suitable for disposition under the public land mining and mineral

le.ming laws.

(d) Lands withdrawn or reserved from the public domain, hut not

including lands or portions of lands so withdrawn or reserved which

the Secretary of the Interior, with the concurrence of the Administrator

of the General Services Administration, determines arc not suitable for

return to the pubfic domain for disposition under the genera( publicland laws, because such lands are substantially changed in character by

improvements or otherwise.

[35 FR 9558. June 13, 1970]

Subpart 2372—Procedures

Source: 35 FR 9558, June 13, 1970, unless otherwise noted.

Sec 2372.1 Notice of intention to relinquish action by holding

agency.

(a) Agencies holding withdrawn or reserved iands which they no

longer need will tile, in duplicate, a notice of intention to relinquish

such lands in the proper office (see Sec. 1821.2-1 of thk chapter).

(b) No specific form of notice is required, but aII notices must

contain the following information:

(I) Name and address of the holding agency.

(2) Citation of the order which withdrew or resewed the lands for

the holding agency.

(3) Legal description and acreage of the lands, except where

reference to the order of withdrawal or reservation is sufficient to

identify them.

(4) Description of the improvements existing on the lands.

(5) The extent to which the lands are contaminated and the nature of

the contamination.

(6) The extent to which the lands have been decontaminated or the

measures taken to protect the public from the contamination and the

proposals of the holding agency to maintain protective measures.

(7) The extent to which the lands have been changed in character

other than by construction of improvements.

(8) The extent to which the lands or resources thereon have heen

disturbed and the measures taken or proposed to be taken to

recondition the propefiy.

(9) If improvements on the lands have been abandoned, a

certification that the holding agency has exhausted General Services

Administration procedures for their disposal and that the improvements

are without value.

(10) A description of the easements or other rights and privileges

which the holding agency or its predecessors have granted covering the

lands.

(11) A list of the terms and conditions, if any, which the holding

agency deems necessary to be incorporated in any further disposition

of the lands in order to protect the public interest.

(12) Any information relating to the interest of odrer agencies or

individuals in acquiring use of or title to the property or any pornon of

it.

(13) Recommendations as to the further disposition of the lands,

including where appropriate, disposition by the General Services

Administmtion.

Sec. 2372.2 Report to General Services Administration.

The holding agency will send one copy of its report on unneeded

lands to the appropriate regional office of the General Services

Adminismation for its information.

Se~ 2372.3 Return of lands to the public domain; conditions.

(a) When the authorized officer of the Bureau of Land Management

determines the holding agency has complied with the regulations of

this part, including the conditions specified in Sec. 2374.2 of this

subparr, and that the lands or interests in lands are suitable for return to

December 1997 E-63
43 CFR Part 2370: Bureau of Land Management

the public domain for disposition under the general public land laws,

he will notify the holding a=-cy that the Department of the Interior

accepts accountability and responsibility for the property, sending a

copy of this notice to the appropriate regional office of the General

Services Adminis@ation.

Subpart 2374-Acceptance of Jurisdiction by BLM

Se~ 2374.1 Property determinations.

(a) When the authorized officer of the Bureau of Land Management

determines that the holding agency has complied with the regulations

of thk part and that the lark or interests in lands other than minerals

are not suitable for return to the public domain for disposition under

fie gene~ public l~d laws, &.cause the lands are substantially

changed in character by improvements or othenvise, he will request the

appropriate officer of the General Services Administration, or its

delegate, to concur in his determination.

(b) When the authorized officer of the Bureau of Land Management

determines that minerals in lands subject to the provisions of paragraph

(a) of this section arc not suitable for disposition under the public land

mining or mineral leasing laws, he will notify the appropriate officer of

the General Services Adrninisuation or its delegate of this

determination.

(c) Upon receipt of the ccmcurrence specified in prwagraph (a) of this

section, the authorized officer of the Bureau of brrd Management will

notify the holding agency to report as excess properly the lands and

improvements therein, or interests in lands to the General Services

Adminismation pursuant to the regulations of that Adminismation. The

authorized officer of the Bureau of Land Management will request the

holding agency to include minerals in its report to the General Services

Administration only when the provisions of paragraph (b) of this

section apply. He will also submit to the holding agency, for

transmittal with its report to the General Services Administration,

information of record in the Bureau of Land Management on the

claims, if any, by agencies other than the holding agency of primary,

joint, or secondary jurisdiction over the lands and on any

encumbrances under the public land laws.

[35 FR 9559, June 13, 1970]

Sec 2374.2 Conditions of acceptance by BLM.

Agencies will not be discharged of their accountability and

responsibility under thk section unless and until:

(a) The lands have been decontaminated of all dangerous materials

and have been restored to suitable condition or, if it is uneconomical to

demrrtamirrate or restore them, the holding agency posts them and

installs protective devices and agrees to maintain the notices and

devices.

(b) To the extent deemed necessary by the authorized officer of the

Bureau of Land Management, the holdtng agency has undertaken or

agrees to undertake or to have undertaken appropriate land treatment

mea..ures correcting, arresting, or preventing deterioration of the land

and resources dtercof which has resulted or may result from the

agency’s use or possession of the lands.

(c) The holding agency, in respect to improvemm~ which are of no

value, has exhausted General Services Administration’s procedures for

their disposal and certifies thar they are of no vaJrse.

(d) The holding agency has resolved, through a firraf grant or denial,

all commitments to third parries relative to rights and privileges in and

to the lands or interests tiln.

(e) The holding agency has submitted to the appropriate office

mentioned in para=~h (a) of Sec. 2372.1 a copy of, or the case file

on. casements, leases, or other encumbrances with which the holding

agency or its predecessors have burdened the lands or interests therein.

[35 FR 9559, June 13, 1970]

E-64 December 1997
36 CFR Part 800:

Protection of Historic and Cultural

Properties

36 CFR PART 800-Protection OF HISTORIC AND

Sec.

800.1

800.2

800.3

8(X).4

800.5

800.6

800.7

800.8

800.9

CULTURAL PROPERTIES

Subpart A—Background and Policy

Authorities, purposes, and participants.

Definitions.

Subpart B-The Section 106 Process

General.

Identifying historic properties.

Assessing effects.

Affording the Council an opportunity to comment.

Agreements with States for section 106 reviews.

Documentation requirements.

Criteria of effect and adverse effect.

Subpart C—Special Provisions

800.10 Protecting National Historic Landmarks.

800.11 Properties discovered during implementation of an

undertaking.

800.12 Emergency undertakings.

800.13 Pro~~atic Agreements.

800.14 Coordination with other authorities.

800.15 Counterpart regulations.

AUTHORITY: Pub. L. 89-665,80 Stat. 915 (16 U.S.C. 470), as

amended, 84 Stat. 204 (1970), 87 Stat. 139 (1973), 90 Stat. 1320

(1976), 92 Stat. 3467 (1978): E.O. 11593,3 CFR 1971 Comp., p. 154.

SOURCE: 51 FR 31118. Sept. 2, 1986, unless otherwise noted.

Subpart A—Background and Policy

Sec. 800.1 Authorities, purposes, and participants.

(a) Authorities. Section 106 of the National Historic Preservation

Act requires a Federal agency head with jurisdiction over a Federal,

federally assisted, or federall y licensed undertaking to take into

account the effects of the agency’s undertaking on properties included

in or eligible for the National Register of Hktoric Places and, prior to

approval of an undertaking, to afford the Advisory Council on Historic

Preservation a reasonable opportunity to comment on the undertaking,

Section 11 O(f.I of the Act requires that Federal agency heads, to the

maximum extent possible. underrake such planning and actions as may

be necess~ to minimize harm to any National Historic Landmark that

may be directly and adversely affected by an undertakhg and, prior to

aPProval of such undertaking, afford the Council a reasonable

opportunity to comment. These regulations define the process used by

a Federal agency to meet these responsibilities, commonly called the

section 106 process.

(b) Purposes of the section 106 process. The Council seeks through

the section 106 process to accommodate hktoric preservation concerns

with the needs of Federal undertakings. It is designed to identify

potential conflicts between the two and to help resolve such conflicts in

the public interest. The Council encourages this accommodation

through consultation among the Agency Official, the State Historic

Preservation Officer, and other interested persons during the early

stages of pkmning. The Council regards the consultation process as an

effective means for reconciling the interests of the consulting parties.

Integration of the section 106 process into the normal administrative

process used by agencies for project planning ensures eady, systematic

consideration of historic preservation issues. To tits end, the Council

encourages agencies to examine their administrative processes to see

that they provide adequately for the efficient identification and

consideration of historic properties, that they provide for participation

by the State Historic Preservation Officer and others interested in

historic prescmmtion. that they provide for timely requests for Council

comment, and that they promote cost-effective implementation of the

section 106 process. When impediments are found to exist in the

agency’s adminiswtive process, the agency is encouraged to consult

with the Council to develop special section 106 procedtmx suited to

the agency’s needs.

(c) Participants in the section 106 process+l ) Consulting parties.

Consulting parties are the primary pardciparm in the section 106

process whose responsibilities are defined by these regulations.

Consulting parties may include:

(i) Agency official. The Agency Official with jurisdiction over an

undertaking has legal responsibility for complying with section 106. it

is the responsibility of the Agency Official to identify and evaluate

affected historic properties, assess an undemking’s effect upon them,

and afford the Council its comment opportunity. The Agency Official

may use the services of grantees. applicants. consuhanLs, or designees

to prepare the necessary information and analyses, but remains

responsible for section 106 compliance. The Agency Official should

involve applicants for Federal assistance or approval in the section 106

process as appropriate in the manner set forth below.

(ii) State Historic Preservation Officer. The State Historic

Preservation Officer coordinates State participation in the

implementation of the National Historic Presewation Act and is a key

participant in the section 106 process. The role of the State Historic

Preservation Officer is to consult with and assist the Agency Official

when identifying historic propmies, assessing effects upon them, and

considering alternatives to avoid or reduce those effects. The State

Historic Presemation Officer reflects the interests of the State and its

citizens in the preservation of their cultural herirage and helps the

Agency Official identify those persons interested in an underta!dng and

December 1997 E-65
36 CFR Part 800: Protection of Historic and Cultural Properties

its effects upon historic properties. When the State Historic

Presemation Officer declines to participate or does not respond within

30 days to a written request for participation, the Agency Official shall

consult with the Council, without the State Historic Preservation

Officer, to complete the section 106 process. The State Historic

Preservation Officer may rssume primary responsibility for reviewing

Federal undertakings in the State by agreement with the Council as

prescribed in Sec. 800.7 of these regulations.

(iii) Council. The Council is responsible for commenting to the

Agency Official on an undertaking that affects historic properties. The

official authorized to cmry out the Council’s responsibilities under

each provision of the regulations is set forth in a separate, internal

delegation of authority.

(2) Interested persons. Interested persons are those organizations and

individuals that are concerned with the effects of an undertaking on

historic properties. Certain provisions in these regulations require that

particular interested persons be invited to become consulting parries

under certain circumstances. In addition, whenever the Agency

Oftlcial, the State Historic Preservation Officer, and the Council, if

participating, agree that active participation of an interested person will

advance the objectives of section 106, they may invite that person to

become a consulting party. Interested persons may include:

(i) Local governments. Local governments are encouraged to take an

active role in the section 106 process when undertakings affect historic

properties within their jurisdiction. When a. local government has legal

resporssibiliry for section 106 compliance under programs such as the

Community Development Block Gram Program, participation as a

consulting parry is required When no such legal respomibility exists,

the extent of local government participation is at the discretion of local

government officials. If the State Historic Preservation Officer, the

appropriate iocd govemmenL and the Council agree, a 10cal

government whose historic preservation program has been certified

pursuant to section 101(c)(1) of the Act may assume any of the duties

that are given to the State Historic Preservation Officer by these

regulations or that originate from agreements concluded under these

regulations.

(ii) Applicants for Federal assistance, permits, and licenses. When

the undertaking subject to review under section 106 is proposed by an

applicant for Federal assistance or for a Federal permit or license, the

applicant may choose to parrcipate in the section 106 process in the

manner prescribed in these regulations.

(iii) Indian tribes. The Agency Official, the State Historic

Preservation Officer, and the Council should be sensitive to the special

concerns of Indian tribes in historic preservation issues, which often

extend beyond Indian lands to other historic propernes. When an

undertaking will affect Indian lands, the Agency Official shall invite

the governing body of the responsible tribe to be a consulting party and

to concur in any agreement. When an Indian tribe has established

formal procedures relating to historic preservation, the Agency

Official, State Historic Preservation Officer, and Council shall, to the

extent feasible, carry out responsibilities under these regulations

consistent with such procedures. An Indian tribe may participate in

activities under these regulations in lieu of the State Historic

Preservation Officer with respect to undertakings affecting its lands,

provided the Indian hibe so.requests. the State Historic Presemation

Officer concurs, and the Council finds that the Indh tribe’s

procedures meet the purposes of these regulations When an

undertaking may affect properties of historic value to an Indian rnbe on

non-lndian lands. the consulting parries shall afford such tribe the

opportunity to participate as interested persons. Traditional cultural

leaders and orher Native Americans are considered to be interested

persons with respect to undertakings that may affect historic properties

of significance to such persons.

(iv) The public. The Council values the views of the public on

historic preservation questions and encourages maximum public

participation in the section 106 process. The Agency Official, in the

manner described below, curd the State Historic Presetwtion Officer

should seek and consider the views of the public when taking steps to

identify historic properties, evaluate effects, and develop alternatives.

Public participation in the section 106 process maybe fully

coordinated with, and satisfied by, public participation programs

carried out by Agency Officials under the authority of the National

Environmental Policy Act and orher perdnent statutes. Notice to the

pubIic under these statutes should adquarely inform the public of

preservation issues in order to elicit public views on such issues that

can then be considered aod resolved, when possible, in

decisionmaking. Members of the public with interests in an

undertaking and its effecw on historic properties should be given

reasonable opportunity to have an active role in the section 106

process.

Sec. 800.2 Definitions.

(a) “’Act” means the National Historic Presemation Act of 1966, as

amended. 16 U .S.C. 470-470w-6.

(b) “Agency Official” means the Federal agen’cy head or a designee

with authority over a specific undertaking, including any State or local

government official who has been delegated legal responsibility for

compliance with section 106 and section 11 O(f) in accordance with

law.

(c) “Area of potential effects” means the geographic area or areas

within which an undertaking may cause changes in the character or use

of historic properties, if any such propemies exist.

(d) “Council” means the Advisory Council on Historic Preservation

or a Council member or employee designated to act for the Council.

(e) “Historic property” means any prehistoric or historic district, site.

building, stmcture, or object included in, or eligible for inclusion in,

the National Register. This term includes, for the purposes of these

regulations, artifacts, records. and remains that are related to and

located within such properties. The term “e1igible for inclusion in the

National Register” includes both properties formafly determined as

such by the Secretary of the Interior and all other properties that meet

National Register listing criteria.

(f) “Indian lands” means all lands under the jurisdiction or control of

an Indian tibe.

(g) “Indian tribe” means the governing body of any Indian tribe,

band, nation, or other group that is recognized as an Indian tribe by the

Secretary of the Interior and for which the United States holds land in

trust or restricted status for that entity or iLs members. Such term also

includes any Native village corporation, regional corporation, and

Native Group established pursuant to the Alaska Native Claims

Settlement Act, 43 U.S.C. 1701. et seq.

(h) “Interested person” means those organizations and individuals

that are concerned with the effects of an undertaking on historic

properties.

(i) ‘local government” means a city, county, parish, township,

municipality, borough, or other general purpose political subdivision of

a State.

@ “National Historic Landmark” means a historic property that the

Secretary of the Interior has designated a National Historic Landmark.

(k) “National Register” means the National Register of Historic

Places maintained by the Secretary of the Interior.

(1) “National Register Criteria” means the criteria established by the

Secretary of the Interior for use in evaluating the eligibility of

properties for the National Register (36 CFR Part 60).

(m) “Secretary” means the Secretary of the Interior.

(n) “State Historic Preservation Officer”’ means the official

appointed or designated pursuant to section 101(b)(1) of the Act to

administer the State historic preservation program or a representative

designated to act for the State Historic Presemation Officer.

(o) “Undertaking” means any project. activity, or program that can

result in changes in the character or use of historic properties. if any

such hktoric properties are located in the area of potential effects. The

E-66 December 1997
DoD Base Reuse Implementation Manual

project. activity. or program must be under the director indirtct

jurisdiction of a Federal agency or licensed or assisted by a Federal

agency. t-lndet-rakings include new and continuing projecLs, activities,

or programs and any of their elements not previously considered under

section 106.

Subpart B-The Section 106 Process

Sec. 800.3 General.

(a) Scope. The procedure in thk subpart guides Agency Officials,

State Historic Presentation Officers, and the Council in the conduct of

the section 106 process. Alternative methods of meeting section 106

obligations are found in Sec. 800.7, governing review of undertakings

in States that have entered into agreements with the Council for section

106 purposes. and Sec. 800.13, governing Programmatic Agreements

with Federal agencies that pmtain to specific programs or activities.

Under each of th~se methods, the Council encourages Federal agencies

to reach agreement on developing alternatives or measures to avoid or

reduce effects on historic properties that meet both tlse needs of the

undertaking and preservation concerns.

(b) Flexible application. The Council recognizes that the procedures

for the Agency Official set fords in these regulations maybe

implemented by the Agency Official in a flexible manner rclfecting

differing program requirements, as long as the purposes of section 106

of the Act and these regulations are met.

(c) Timing. Section 106 requires the Agency Official to complete the

section 106 process prior to the approval of the expenditure of any

Federal funds on the undertaking or prior to the issuance of any license

or permit. The Council does not interpret this language to bar an

Agency Official from expendln,g funds on or authorizing

nondestructive planning activities preparatory to an undertaking before

complying with section 106. or to prohibit phmed compliance at

different stages in planning. The Agency Official should ensure that

the section 106 process is initiated early in the planning stages of the

undertaking, when the widest feasible range of alternatives is open for

consideration. The Agency Officiaf should establish a schedule for

completing the section 106 process that is consistent with the planning

and approval schedule for the undertaking.

Sec. 800.4 Identifying historic properties.

(a) Assessing information needs. (1) Following a determination by

the Agency Official that a proposed project, activity, or program

constitutes an undertaking and after establishing the undertaking’s area

of potential effects. the Agency Official shall:

(i) Review existing information on historic properties potentially

affected by the undertaking, inchtdhg any data concerning the

likelihood that unidentified historic properties exist in the area of

potential effects;

(ii) Request the views of the State Historic Preservation officer on

further actions to identify historic properties that maybe affected; and

(iii) Seek information in acordance with agency planning processes

from local governments, Indian tribes, public and private

organizations, and orher parties likely to have knowledge of or

concerns with historic properties in the area.

(2) Based on this assessment. the Agency Official should determine

any need for further actions, such as field surveys and predictive

modeling, to identify hktonc properties.

(b) Locating historic properdes. In consultation with the State

Historic Presemation Officer. the Agency Official shafl make a

rea..onable and good faith effort to identify historic properties that may

be affected by the undertaking and gather sufficient information to

eva] uate the eligibihty of these properties for the National Register.

Efforts to identify historic properties should follow the Secreta@s

“Standards and Guidelines for Archeology and Historic Preservation”

(48 FR 44716) and agency programs to meet the requirements of

section 110(a)(2) of the Act.

(c) Evaluating historical significance. (1) In consultation with the

State Historic Preservation Officer and following the Secretary’s

Standards and Guidelines for Evaluation, the Agency Official shall

apply the National Register Criteria to propcrdes that may be affected

by the undertaking and that have not been previously evaluated for

National Register eligibility. The passage of time or changing

perceptions of significance may justify reevaluation of properties that

were previously determined to be eligible or ineligible.

(2) If the Agency Official and the State Historic Preservation Officer

agree that a property is eligible under the criteria, the property shall be

considered eligible for the National Register for section 106 purposes.

(3) If the Agency Ot%cial and the State Historic Preservation Officer

agree that the criteria are not me~ the property shall be considered not

eligible for the National Register for section 106 purposes.

(4) If the Agency Official and the State Historic Preservation Officer

do not agree, or if the Council or the Secretary so request, the Agency

Official shall obtain a determination from the Secrehuy of the Interior

pursuant to the applicable National Park Service regulations.

(5) If the State Historic Preservation Officer does not provide views,

then the State Historic Preservation Officer is presumed to agree with

the Agency Official’s determination for the purpose of this subsection.

(d) When no historic properties are found. If the Agency Offtcial

determines in accordance with Sec. 800.4 para=mphs (a) through (c)

that there are no hktonc propmties that may be affected by the

undertaking, the Agency Official shafl provide documentation of this

finding to the State Historic Preservation Officer. The Agency Official

should notify interested persons and parties known to be interested in

the undertaking and its possible effects on historic properties and make

the documentation available to the public. h? these circumstances, the

Agency official is not required to take further steps in the section 106

process.

(e) When historic propcrdes are found. If there are historic propwries

that the undertaking may affect. the Agency off]cial shall assess the

effects in accordance with Sec. 800.5.

Sec. 800.5 Assessing effects.

(a) Applying the Criteria of Effect. In consultation with the State

Historic Preservation Officer, the Agency Official shall apply the

Criteria of Effect (Sec. 800.9(a)) to historic properties that maybe

affected, giving consideration to the views, if any, of interested

persons.

(b) When no effect is found. If the Agency Official finds tAe

undertaking will have no effect on historic properties, the Agency

Official shall notify the State Historic Preservation Officer and

interested persons who have made their concerns known to the Agency

Official and document the findings, which shall be available for public

inspection. Unless the Scare Historic Preservation Officer objects

within 15 days of receiving such notice. the Agency Official is not

rqsired to rake any further steps in the section 106 process. If the

State Historic Preservation Officer files a timely objection, then the

procedures described in Sec. 800.5(c) are followed.

(c) When an effect is found. If an effect on historic properties is

found, the Agency Official, in consultation with the State Historic

Preservation Officer, shall apply the Criteria of Adverse Effect (Sec.

800.9(b)) to determine whether the effect of the undertaking should be

considered adverse.

(d) When the effect is not considered adverse. (1) If the Agency

Official finds the effect is not adverse, the Agency Official shall:

(i) Obtain the State Historic Presewation Officer’s concurrence with

the finding and notify and submit to the Council summary

documentation. which shall be available for public inspection; or

(ii) Submit the finding with necessary documentation (Sec. 800.8(a))

to the Council for a 30-day review period and notify the State Historic

Presemation Officer.

(~) If the Council does not object to the finding of the Agency

Official within 30 days of receipt of notice, or if the Council objects

December 1997 E-67
36 CFR Part 800: Protection of Historic and Cultural Properties

but proposes changes that the Agency Official accepts, the Agency

Official is not required to rake arry fufier steps in the section 106

process other than to comply with any agreement with the State

Historic Preservation Officer or council conccming the undertakhg. If

the Council objects and the Agency Official does not agree with

changes proposed by the Council, dten the effect shall be considered x+

adverse.

(e) When the effect is adverse. If an adverse effect on historic

propmies is found, the Agency Official shall notify the Council and

shaI1 consult with the State Historic Presemation Officer to seek ways

to avoid or reduce the effects on historic properties. Either the Agency

Official or the State Historic Preservation Officer may request the

Council to participate. The Council may participate in the consultation

without such a request.

(1) involving interested persons. Interested persons shafl be invited

to participate as consulting paroles as follows when they so request:

(i) The head of a local government when the underraking may affect

historic propxties within the local government’s jurisdiction;

(ii) The representative of an Indian tribe in accordance with Sec.

800. l(c)(2)(iii);

(iii) Applicants for or holders of grants, pmnits, or licenses, and

nwners of affected lands; and

(iv) Other interested persons when jointly determined appropriate by

the Agency Officiaf, the State Historic Preservation Officer, and the

Council, if participating.

(2) Documentation. The Agency Official shall provide each of the

consulting parties with the documentation set forth in Sec. 800.8(b)

and such other documentation as may be developed in the course of

consultation.

(3) informing dte public. The Agency Official shall provide an

adequate opportunity for members of the public to receive information

and express their views. The Agency Official is encouraged to use

existing agency public involvement procedures to provide this

opportunity. The Agency Official, State Historic Preservation Officer,

or the Council may meet with interested members of tire public or

conduct a public information meeting for this purpose.

(4) Agreement. If the Agency Official and the State Historic

Preservation Officer agree upon how the effects will be taken into

account. they shall execute a Memorandum of Agreement. When the

Council participates in the consultation, it shall execute the

Memorandum of Agreement along with the Agency Official and the

State Historic Preservation Officer. When the Council has not

participated in consultation. rfre Memorandum of Agreement shall be

submitted to the Council for comment in accordance with Sec.

800.6(a). As appropriate, the Agency Official, the Smte Historic

Preservation Officer, and the Council, if participating, may agree to

invite other consulting patties to concur in the agreement.

(5) Amendments. The Agency Official, the State Historic

preservation Officer, and the Council, if it was a signatory to the

original agreement, may subsequent y agree to an amendment to the

Memorandum of Agreement. When the Council is not a parry to the

Memorandum of AgreemenL or the Agency OfficiaJ and the State

Historic Preservation Officer cannot agree on changes to the

Memorandum of AgrcemenL the proposed changes shall be submitted

to the Council for commen[ in accordance with Sec. 800.6,

(6) Ending consultation. The Council encourages Agency Officials

and Stare Historic Preservation Officers to utilize the consultation

process to the fullest extent practicable. After initiating consultation to

seek ways to reduce or avoid effects on historic properties, State

Historic preservation Officer, the Agency Official, or the Council, at its

discretion, may state that further consultation will not be productive

and tlsereby terminate the consultation process. The Agency Official

shafl then request the Council’s comments in accordance with Sec.

800.6(b) and notify all other consulting parties of its requests.

Sec 800.6 Affordtng the Council an opportunity to comment.

(a) Review of a Memorandum of Agreement.(1) When an Agency

Official submits a Memorandum of Agreement accompanied by the

documentation specified in Sec. 803.8 (b) aod (c), the Council shall

have 30 days from receipt to review it. Before tlis review ~riod ends,

the Council shall:

(i) Accept the Memorandum of Agreement, which concludes the

section 106 process, and informs all consulting parties; or

(ii) Advise the Agency Official of changes to the Memorandum of

Agreement that would make it acceptable; subsequent agreement by

the Agency Official, the State Historic Preservation Officer. and the

Council concludes the section 106 process; or

(iii) Decide to comment on the undertaking, in which case the

Council shall provide its comments within 60 days of receiving the

Agency Otlciaf’s submission, unless the Agency Oftlcial agrees

otherwise.

(2) If the Agency Official. the State Historic Pmsewation Officer,

and the Council do not reach a.geement in accordance with Sec.

800.6(a)( I)(ii), the Agency Official shall notify the Council, which

shall provide its comments within 30 &ys of receipt of notice.

(b) Comment when there is no agreement. (1) When no

Memorandum of Agreement is submitted, the Agency Official shall

request Council comment and provide the documentation specified in

Sec. 800.8(d). When requested by the Agency Official, the Council

shall provide its comments within 60 days of receipt of the Agency

Official’s request and the specified documentation.

(2) The Agency Official shall make a good faith effort to provide

reasonably available addkional information concerning the undertaking

and shall assist the Council in arranging an onsite inspection and

public meeting when requested by the Council.

(3) The Council shall provide its comments to the head of the

agency requesting comment. Copies shall be provided to the State

Historic Prcsemation Officer, interested persons, and others as

appropriate.

(c) Response to Council comment.(1) When a Memorandum of

A=gcement becomes final in accordance with Sec. 800.6(a)(1) (i) or

(ii), the Agency Official shall carry out the undertaking in accordance

with the terms of the agrccmenL This evidences fulfillment of the

agency’s section I (36 responsibilities. Failure to carry out the terms of a

Memorandum of Agreement requires the Agency Official to resubmit

the undertaking to the Council for comment in accordance with Sec.

800.6.

(2) When the Council had commented pursuant to Sec. 800.6(b), the

Agency Official shall consider the Council’s comments in reaching a

final decision on the proposed undertaking. The Agency Official shafl

repert the decision to the Council, and if possible, should do so prior to

initiating the undertaking.

(d) Foreclosure of the Council’s opportunity to comment. (1) The

Council may advise an Agency Official that it considers the agency has

not provided the Council a reasonable opportunity to comment. The

decision to so advise the Agency Official will be reached by a majority

vote of the Council or by a majority vote of a panel consisting of three

or more Council members witlr the concurrence of the Chairman.

(2) The Agency Official will be given notice and a reasonable

oPPoflunirY to respond prior to a proposed Council determination that

the agency ha.. foreclosed the Council’s opportunity so comment.

(e) Public requests to the Council. (1) When requested by any

person, the Council shall consider an Agency Official’s finding under

Sees. 800,4(b), 800.4(c), 800.4(d), or 800.5(b), and, within 30 days of

receipt of the request, advise the Agency Official, the State Historic

Presemation Officer, and the person making the request of its views of

the Agency Official’s finding.

(2) In light of the Council views, the Agency Official should

reconsider the finding. However. an inquiry to the Council will not

suspend action on an undertaking.

(3) When the finding concerns the eligibility of a property for the

E-68 December 1997
DoD Base Reuse Imdementation Manual

National Register. the Council shall refer the matter to the Secretary.

[5 I FR311 18, Sept. 2. 1986; 52 FR 25376, July 7. 1987]

Sec. 800.7 Agreements with States for section 106 reviews.

(a) Establishment of State agreements.(1) Arty State Historic

Preservation Officer may enter into an agreement with the Council to

substitute a State review process for the procedures set forth in these

regulations, provided that

(i) The State historic preservation program has been approved by the

Secretary pursuant to section 10l(b)(l) of the Act; and

(ii) The Council. after analysis of the State’s review process and

consideration of the views of Federal and State agencies, local

governments, Indian tribes, and the public, determines that the State

review process is at least as effective as, and no more burdensome

than, the procedures set forth in these regulations in meeting the

requirements ofsecrion 106.

(2) The Council. in analyzing a State’s review process pursuant to

Sec. 800.7(a)( 1 )(ii). shafl:

(i) Review relevant State laws, Executive orders, internal directives,

standards, and guidelines;

(ii) Review the organizuion of the State’s review process;

(iii) Solicit and consider the comments of Federal and State

agencies, local governments, Indk.n tribes, and the public;

(iv) Review the results of program reviews carried out by the

Secretary; and

(v) Review the record of State participation in the section 106

process.

(3) The Council will enter into an agreement with a State under this

section only upon determining. at minimum. that the State has a

demonstrated record of performance in the section 106 process and the

capability to administer a comparable process at the State level.

(4) A State agreement shall be developed through consultation

between the State Hktoric Preservation Officer and the Council and

concurred in by the Secrc~ before submission to the Council for

approval. The Council may invite affected Federal and State agencies,

local governments, lndian tribes, and other interested persons to

participate in thk consultation. The agreement shall:

(i) specify the historic preservation review process employed in the

State, showing that this process is at least as effective as, and no more

burdensome than, that set forth in these regulations;

(ii) Establish special provisions for participation of Iocrsl

governments or Indian tribes in the review of undertakings fafling

within their jurisdiction, when appropriate;

(iii) Establish procedures for public participation in the State review

process;

(iv) Provide for Council review of actions taken under its terms, and

for appeal of such actions to the Council; and

(v) Be certified by the Secretary as consistent with the Secretary’s

Standards and Guidelines for Archaeology and Historic Preservation,

(5) Upon concluding a State agreement, the Council shall publish

notice of its execution in the Federal Register and make copies of the

State agreement available to afl Federal agencies.

(b) Review of undertakings when a Stare agreement is in effect. (1)

When a State agreement under Sec. 800.7(a) is in effect, an Agency

Official may elect to comply with the State review process in lieu of

compliance with these regulations.

(2) At any time during review of an undertafcing under a State

agreement, an Agency Official may terminate such review and comply

instead with Sees. 81X),4 through 800.6 of these regulations.

(3) At any time during review of an undertaking under a State

agreement, the Council may participate. Participants are encouraged to

draw upon the Council’s expertise as appropriate.

(c) Monitoring and termination of State agreements. (1) The Council

shall monitor activities carried out under State agreements, in

coordination with the Secretary of the Interior’s approval of State

programs under section 10 l(b)(l ) of the Act. The Council may request

that the Secretary monitor such activities on its bchaff.

(2) The Council may terminate a State agreement after consultation

with dte State Historic Preservation officer and the Secretary.

(3) A State agreement maybe terminated by the State Historic

preservation Officer.

(4) When a State agreement is terminated pursuant to Sec. 800.7(c)

(2) and (3), such termination shafl have no effect on undertafcings for

which review under the agreement was complete or in progrcw at the

time the tcrminsttion occurred.

Sec. 800.8 Documentation requirements.

(a) Finding of no adverse effect. The purpose of this documentation

is to provide sufficient information to expkrirr how the Agency Official

reached the finding of no adverse effect. The required documentation is

as follows:

(1) A description of the undertaking, including photographs, maps,

and drawings, m necessary;

(2) A description of historic properties that maybe affected by the

undertaking;

(3) A description of the efforts used to identify historic properties;

(4) A statement of how and why the criteria of adverse effect were

found inapplicable; and

(5) The views of the State Historic Preservation Officer, affected

local governments, Indian tribes, Federal agencies, and the public, if

any were provided, as well as a description of the means employed to

solicit those views.

(b) Fkrding of adverse effect. The required documentation is as

follows:

(1) A description of the undertakhtg, including photographs, maps,

and drawings, as necessary;

(2) A description of the efforts to identify historic properties;

(3) A description of the affected historic properties, using materials

afready compiled during the evahsation of significance, as appropriate;

and

(4) A description of the undertaking’s effects on historic properties.

(c) Memorandum of Agreement. When a memorandum is submitted

for review in accordance with Sec. 800.6(a)(1), the documentation, in

addition to that specified in Sec. 800.8(b), shall also include a

description and evaluation of any proposed mitigation measures or

alternatives that were considered to deal with the undertaking’s effects

and a summary of the views of the State Historic Preservation Officer

and any interested persons.

(d) Requests for comment when there is no agreement. The purpose

of this documentation is to provide the Council with sufficient

information to make an independent review of the undertaking’s

effects on historic properties as the basis for informed and meaningful

comments to the Agency Official. The required documentation is as

follows:

(1) A description of the undertaking, with photographs, maps, and

drawings, as necessary;

(2) A description of the efforts to identify historic properties;

(3) A description of the affected historic properties, with information

on the significant characteristics of each property;

(4) A description of the effects of the undertaking on historic

properties and the basis for the determinations;

(5) A description and evacuation of any aftematives or mitigation

measures that the Agency Officiaf proposes for deafing with the

undertaking’s effects;

(6) A description of any aftematives or mitigation measures that

were considered but not chosen and the reasons for their rejection;

(7) Documentation of consultation with the State Historic

Preservation Officer regarding the identification and evaluation of

historic propeflies, assessment of effect, and any consideration of

alternatives or mitigation measures;

(8) A description of the Agency Official’s efforts to obtain and

consider dre views of affected local governments, hrdian tribes, and

December 7997 E-69
36 CFR Part 800: Protection of Historic and Cultural Pro~erties

orher interested persons;

(9) The planning and approval schedule for the undertaking; and

(10) Copies or summaries of any written views submitted to the

Agency Official concerning the effects of the undertaking on historic

properties and alternatives 10 reduce or avoid those effects.

Sec. 800.9 Criteria of effect and adverse effect.

(a) An undertaking has an effect on a historic property when the

undertaking may alter characteristics of the property that may qualify

the property for inclusion in the National Register. For the purpose of

determining effect, alteration to features of a property’s location,

setting, or use may be relevant depetilng on a property’s significant

characteristics and should be considered.

(b) An undertaking is considered to have an adverse effect when the

effect on a historic prope~ may diminish the inte.gity of the

property’s location, design. setting, materials, workmanship, feeling, or

association. Adverse effects on historic properties include, but are not

limited to:

(1) Physical destruction, damage, or alteration of all or part of the

property;

(2) isolation of the property from or alteration of the character of the

property’s setting when that character contributes to the property’s

qualification for the National RegisteC

(3) Introduction of visual. audible, or atmospheric elements that are

out of character with the prope~ or alter its sernng;

(4) Neglect of a property resulting in its deterioration or destruction;

and

(5) Transfer, lease, or sale of the prope~.

(c) Effects of an undertaking chat would otherwise be found to be

adverse may be considered as being not adverse for the purpose of

these regulations:

(1) When the historic property is of value only for its potential

contribution to archeological. historical, or architectural research, and

when such value can be subscantially preserved through the conduct of

aPProPnate research. and such research is conducted in accord~ce

w@r applicable professional srandards and guidelines;

(2) When the undertaking is limited to the rehabilitation of buildings

and structures and is conducted in a manner chat preserves the

historical and architectural value of affected historic propc~ through

conformance with the Secretary’s “Standards for Rehabilitation and

Guidelines for Rehabilitating Historic Buildings”, or

(3) When the undertaking is limited to the transfer, lease, or sale of a

historic property, and adequate restrictions or conditions are included

to ensure preservation of the property’s significant hktoric features.

Subpart C-Special Provisions

Sec. 800.10 Protecting National Historic Landmarks.

Section 110(~ of the Act requires that the Agency Official, to the

mmimum extent possible, undertake such planning and actions as may

be necessary to minimize harm to any National Historic Landmark that

may be direccfy and adversely affected by an undertaking When

commenting on such undertakings, the Council shall use the process

set forth in Sees. 800.4 through 800.6 and give special consideration to

protecting National Historic Landmarks as follows:

(a) Any consultation conducted under Sec. 800.5(e) shaIl include the

Council;

(b) The Council may request the Secretary under section 213 of the

Act to provide a report to the Council detailing the significance of the

pro~ny, describing the effects of the undertaking on the propmy, and

recommending measures to avoid, minimize, or mitigate adverse

effects; and

(c) The Council shall report its comments, including Memoranda of

Agreemenr. to the President. the Congress. the Secretary, and the head

of the agency responsible for the undertaking.

[51 FR 31118, Sept. 2, 1986:52 FR 25376. July 7, 1987]

SW 800.11 Properties discovered during implementation of an

undertaking.

(a) Planning for discoveries. When the Agency Official’s

identification efforts in accordance with Sec. 800.4 indicate that

historic properties are likely to b discovered during implementation of

an undertaking, the Agency Official is encouraged to develop a plan

for the treatment of such properties if discovered and include this plan

in any documentation prepared to comply with Sec. 800.5.

(b) Federal agency responsibilities. (1) When an Agency Official hm

completed the section 106 process and prcpaxd a plan in accordance

with Sec. 800. 11(a), the Agency Official shall satisfy the requirement

of section 106 concerning properties discovered during implementation

of an undertaking by following the plan.

(~) When an Agency Official h~ completed the section 106 process

without preparing a plan in accordance with Sec. 800.11(a) and finds

after beginning to carry out the underta!+g that the undertaking will

affect a previously unidentified property tJtat may be eligible for

inclusion in the National Register. or affect a krtown historic propefiy

in an unanticipated manner, the Agency Official shall afford the

Council an opportunity to comment by choosing one of the following

courses of action:

(i) CompIy with Sec. 800.6;

(ii) Develop and implement actions that rake into account the effects

of the undertaking on the propc~ to the extent feasible and the

comments from the State Historic Prcsewation Officer and the Council

pursuant to Sec. 800.11(c); or

(iii) If the prope~ is principally of archeological vrdue and subject

to the requirements of the Archeological and Historic Preservation Act,

16 U.S,C. 469(a)-(c), comply with that Act and implementing

regulations instead of these regulations.

(3) Section 106 and these regulations do not require the Agency

Official to stop work on the undertaking. However, depending on the

nature of the property and the undertaking’s apparent effects on it, the

Agency Official should make =onable efforts to avoid or minimize

harm to the property until the requirements of this section we met.

(c) Council comments. (1) When comments a!e requested pursuant

to Sec. 800,11 (b)(2)(i), the Council will provide its comments in a time

consistent with the Agency Official’s schedule, regardless of longer

time periods aflowed by these regulations for Council review.

(2) When an Agency Official elects to comply with Sec.

8fY3, 11 (b)(2) (ii), the Agency Official shall notify the State Historic

Preservation Officer and the Council at the earliest possible time,

describe the actions proposed to rake effects into account, and request

the Council’s comments. The Council shall provide interim comments

to the Agency Official within 48 hours of the request and final

comments to the Agency Official withn 30 days of the request.

(3) When an Agency Official complies with Sec. 800.11 (b)(2) (iii),

the Agency Official shall provide the State Historic Preservation

Officer an opportunity to comment on the work undertaken and

provide the Council with a report on the work after it is undertaken.

(d) Other considerations. (1) When a newly discovered property has

not previously been included in or determined eligible for the National

Register, the Agency Official may assume the properry to be eligible

for purposes of section 106.

(2) When a dkcovery occurs and compliance with this section is

necessaty on lands under the jurisdiction of an Indian tribe, the Agency

Official shall consult with the Indian tribe during implementation of

this section’s requirements.

Sec. 800.12 Emergency undertakings.

(a) When a Federal agency head proposes an emergency action and

elects to waive historic prcsemation respcmsibiIities in accordcurce with

36 CFR 78.3, the Agency Official may comply witlr the requirements

of 36 CFR Part 78 in lieu of these regulations. An Agency Official

E-70 December 1997
should develop plans for taking hktoric properties into account during

emergency operations. AI the request of the Agency Official, the

Council will assist in the development of such plans,

(b) When an Agency Official proposes an emergency undertaking as

an essential and immediate response to a disaster declared by the

President or the appropriate Governor, and Sec. 800.12(a) does not

apply, the Agency official may satisfy section 106 by notifying the

Council and the appropriate State Historic Preservation Officer of the

emergency undertaking and affording them an opportunity to comment

within seven days if the Agency Official considers that circumstances

permit.

(c) For the purposes of activities assisted under Title 1 of the

Housing and Community Development Act of 1974, as amended, Sec.

8(x3. 12(b) rdso applies to an imminent threat to public health or safety

as a result of natural disaster or emergency declared by a local

government’s chief executive officer or legislative body, provided that

if the Council or the State Historic Presemation Officer objects, the

Agency Official shall comply with Sees. 800.4 through 800.6.

(d) This section does not apply to undertabrgs that will not be

implemented within 30 days after the disaster or emergency. Such

undertsdchgs shall be reviewed in accordance with Sees. 800.4 through

800.6.

[51 FR311 t8. Sept. 2, 1986; 52 FR 25376, JU]Y 7. 1987]

Sec. 800.13 Programmatic Agreements.

(a) Application. An Agency official may elect to fulfill an agency’s

section 106 responsibilities for a particular program, a large or

complex projecL or a class of undertakings that wouId otherwise

require numerous individual requests for comments through a

Programmatic Agreement. Proe-matic Agreements are appropriate

for programs or projects:

(1) When effects on historic properties are similar and repetitive or

are multi-State or national in scope;

(2) When effects on historic properties cannot be fully determined

prior to approval:

(3) When non-Federal parties are delegated major decisionmakkg

responsibilities:

(4) That involve development of regional or land-management plans;

or

(5) That involve routine management activities at Federal

installations.

(b) Consultation process. The Council and the Agency Official shall

consult to develop a Programmatic Agreement. When a particular State

is affected, the appropriate State Historic Preservation Officer shall be

a consulting p-. When the agreement involves issues national in

scope, the President of the National Conference of State Historic

Preservation Officers or a designated representative shall be invited to

be a consulting party by the Council, The Council and the Agency

Official may a=- to invite other Federal agencies or others to be

consulting parties or to participate, as appropriate.

(c) Public involvement. The Council, with the assistance of the

Agency official, shall arrange for public notice and involvement

appropriate to the subject matter and the scope of the program, Views

from affected units of State and local government, Indian tribes,

industries, and organizations will be invited.

(d) Execution of the Programmatic Agreement. After consideration

of arty comments received and rcachlng final agreement, the Council

and the Agency Official shall execute the agreement. Other consulting

parries may sign the Programmatic Agreement as appropriate.

(e) Effect of the Programmatic A=wement. An approved

Programmatic Agreement zatisfics the Agency’s section 106

responsibilities for all individual undertakings carried out in

accordance with the a-mement until it expires or is terminated.

(O Notice. The Council shall publish notice of an approved

Programmatic Agrosment in the Federal Register and make copies

readily avaiIabIe to the public.

(g) Failure to carry out a Programmatic Agreement. If the terms of a

Programmatic Agreement are not carried out or if such an agreement is

termimted, the Agency Oftlcial shall comply with Sees. 800.4 through

8CS3.6 with regard to individual undertakings covered by the

agreement.

Sec. 800.14 Coordination with other authorities.

To the extent feasible, Agency Officials, State Historic Preservation

Officers, and the Council should encourage coordination of

implementation of these regulations with the steps taken to satisfy

other historic preservation and environmental authorities by:

(a) Integrating compliance with these regulations with the processes

of environmental review carried out pursuant to the National

Environmental Policy Act, and coordinating any studies needed to

comply with these regulations with studies of related natural and social

aspects;

(b) Designing determinations and agreements to satisfy the terms not

only of section 106 and these regulations, but also of the requirements

of such other historic preservation authorities as the Archeological and

Historic Preservation ACL the Archeological Resources Protection Act,

section 110 of the National Historic Preservation Act, and section 4(0

of the Department of Transportation Act, as applicable, so that a single

document can be used for the purposes of all such authorities;

(c) Designing and executing studies, surveys. and other informationgatbering activities for planning and undertaking so that the resulting

information and data is adequate to meet the requirements of all

applicable Federal historic preservation authorities; ~d

(d) Using established agency public involvement processes to elicit

the views of the concerned public with regard to ass undertaking and its

effects on historic properties.

Sec. 800.15 Counterpart reguJatiorss.

In consultation with the Council, agencies may develop counterpart

regulations to cw out the section 106 process. When concurred in by

the Council, such counterpart regulations shaI1 stand in place of these

regulations for the purposes of the agency’s compliance with section

106.

December 1997 E-71
36 CFR Part 800: Protection of Historic and Cultural Properties

This page intentionally lefl blank

E-72 December 1997
60 FR 35706:

Final Rule for

Public Benefit Conveyances of

Port Facilities

60 Federal Register 35706, 11 July 1995

GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-47

[FPMR Amendment H-192]

RIN 3090-AF34

Utilization and Disposal of Real Property; Port Facilities

AGENCY: Public Buildings Service, GSA.

ACTION: Find rule,

SUMMARY: Section 2927 of Pub. L. 103-160 (November 30,

1993) amended section 203 of the Federal Property and

Administrative Services Act of 1949, as amended, (40 U.S.C. 484)

by adding a subsection (q) to provide for cost-free conveyances of

Federal surplus rcaJ property suitable for use as port facilities. Thk

regulation is required to implement the new subsection. h prescribes

the method whereby affected property may be assigned to the

Secretary of Transportation for subsequent conveyance for approved

port facility and related economic development programs.

EFFECTIVE DATE: Ju]y 11, 1995.

FOR FURTHER INFORMATION CONTACT S.tanky C.

Langfeld, Director. Real Properry Policy Division, Office of

Govemmentwide Real Propefiy Policy, Public Buildings Service,

General Services Administration (202) 501-1256.

SUPPLEMENTARY INFORMATION: The General Services

Administration (GSA) is amending its regulations to include

procedures for making conveyances of Federal surplus real property

to nonfederal political bodies for port facility and related economic

development purposes.

GSA has determined that this rule is not a significant regulatory

action for the purposes of Executive Order 12866. The rule is written

to ensure maximum benefits to Federal agencies. This

Govemmenrwide management regulation wi[l have little or no cost

effect on socie~. Therefore, the rule will not have a significant

economic impact on a substantial number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

List of subjects in 41 CFR Part 101-47

Government property management, Surplus Government prope~.

For tJre reasons set out in the preamble, 41 CFR part 101-47 is

amended as follows:

PART 101-47-UTILIZATION AND DISPOSAL OF REAL

PROPERTY

1. The authority citation for part 10147 is revised to read as

follows:

Authority Sec. 205(c), 63 Stat 390 (40 U.S.C. 486(c)).

SUBPART 101 -47.2-UnLtzAnoN OF EXCESS REAL PROPERW

2.-3. Section 101-47 .203-5 is amended by revising paragraphs (b)

and (c) to read as follows:

Sec. 101-47.203-5 Screening of excess real property.

**** *

(b) Notices of availability for information of the Secretary of

Health and Human Services arsd the Secretary of Education in

connection with the exercise of the authority vested under the

provisions of section 203(k)(l ) of the Act, and for information of the

Secretary of the Interior in connection with the exercise of the

authority vested under the provisions of section 203(k)(2) of the Act

or a possible determination under the provisions of section 203(k)(3)

of the Act, will be sent to tAe offices designated by the Secretaries to

serve the areas in which the properties arc Ioeated. Similar notices of

availability for information of the Attorney General in connection

with a possibIe determination under the provisions of section

203(p)(l) of the Act, and for information of the Secretary of

Transportation in connection witfr the exercise of the authority

vested under the provisions of section 203(q) of the ACL will be

respcctivel y sent to the Office of Justice programs, Department of

Justice, and the Maritime Administration, Department of

Transportation.

(c) The Departments of Health and Human Services, Education,

Interior. Justice, and Transportation shall not attempt to interest a

local applicant in a properry until it is determined surplus, except

with the prior consent of GSA on a case-by-case basis or as

otherwise agreed upon. When such consent is obtained. the local

applicant shall be informed that consideration of the application is

conditional upon the properry being determined surplus to Federal

requirements and made available for the purposes of the application.

December 1997 E-73
60 FR 35706: Public Benefit Conveyances of Port Facilities

However, these Departments are encouraged to advise the

appropriate GSA regional oftlce of those excess properties which am

suitable for their programs.

**** *

3. Section 101-47 .204-1 is amended by revising paragraphs (a)

and (b) to read as follows:

Sec. 101-47 .204-1 Reported property.

**** *

(a) The holding agency, the Secretary of Health and Human

Services, the Secretary of Education. the Secretary of the interior, the

Attorney General, and the Secretary of Transportation will be

notified of the date upon which determination as surplus becomes

effective. Any Federal agency that has identified a property as being

required for replacement housing for dk.placed persons under section

218 of the Uniform Relocation Assistrmce and Real Property

Acquisition Policies Act of 1970 will also be notified of the date

upon which determination as surplus becomes effective. The

Secretary of the Department of Energy will be notified when real

property is determined surplus and advised of any known interest in

the property for its use or development for energy facilities.

Appropriate steps will be taken to ensure that energy site needs are

considered along with other competing needs in the disposaJ of

surplus real property, since such property may become available for

use under sections 203(e)(3) (G) and (H) of the Act.

(b) The notices to the Secretary of Health and Human Services,

the Secretary of Education. the Secretary of the Interior, and the

Secretary of Energy will be sent to the offices designated by them to

serve the area in which the property is located. The notices to the

Attorney General will be sent to the ot%ce of Justice Programs,

Department of Justice. The notices to the Secretary of Transportation

will be sent to the Maritime Administration. The notices to the

Federal agencies having a requirement pursuant to section 218 of the

Uniform Relocation Assistance and Real Prope@ Acquisition

Policies Act of 1970 will be sent to the office making the request

unless another office is designated.

**** *

SUBPART 101-47.3-SURPLUS REAL PROPERn DISPOSAL

4. Section 101-47 .303-2 is amended by revising paragraphs (d),

(~, and (g) to read as follows:

Sec. 101-47 .303-2

**** *

Disposals to public agencies.

(d) A copy of the notice described in paragraph (b) of this section

shall be furnished to the appropriate regional or field offices of(1)

the National Park Service (NPS) and the Fish and Wildlife Service of

the Department of the Interior and (2) the Federal Aviation

Administration. the Federal Highway Admbristration, and the

Maritime Administration of the Department of Transportation

concerned with the disposal of propeny to public agencies under the

statutes named in the notice.

**** *

(0 If the disposal agency is not informed within the 29-calendarday period provided in the notice of the desire of a public agency to

squire the properry under the provisions of the statutes listed in Sec.

101-47.4905, or is not notified by ED or HHS of a potentia[

educational or public health rcquiremenL or is not notified by the

Department of the Interior of a potential park or recreation

requirement, or is not notified by the Department of Justice (DOJ) of

a potential correctional facilities use, or is not notified by the

Department of Transportation (DOT) of a potential port facility use;

it shall be assumed that no public agency or nonprofit institution

desires to procure the property. (The requirements of this Sec. 101-

47.303-2(f) shall not apply to the procedures for making Federal

surplus real property available to assist the homeless in accordance

with Section 501 of the Stewart B. McKbsney Homeless Assistance

ACL as amended (42 U.S.C. 1141 1).)

(g) The disposd agency sbd promptly review each response of a

public agency to the notice given pursuant to paragraph (b) of this

section. The disposal agency shall determine what constitutes a

reasonable period of time to allow the public agency to develop and

submit a formal application for the property or its comments as to

the compatibility of the disposal with its development plans and

programs. When mahg such determination, the disposal agency

shall give consideration to the potential suitability of the property for

the use proposed, the len=~ of rime the public agency has stated it

will require for its action, the protection and maintenance costs to

the Government during such length of time, and any other relevant

facts and circumstances. The disposal agency shall coordinate such

review and determination with the proper office of any interested

Federal agencies listed below:

(1) National Park Service. Department of the Interiov

(2) Department of Health and Human Services;

(3) Department of Education;

(4) Federal Aviation Administration, Department of

Transportation;

(5) Fish and Wildlife Service, Department of the Interioc

(6) FederaJ Highway Administration, Department of

Transportation;

(7) Office of Justice Proews, Depamrnenr of Justice; and

(8) Maritime Administration, Department of Transportation.

**** *

5. Section 101-47 .308-2 is amended by revising paragraph (a) to

read as follows:

Sec. 101-47 .308-2 Property to public airports.

*****

(a) Pursuant and subject to the provisions of section 13(g) of the

Surplus Properry Act of 1944 (49U.S.C,47151 ), airport properry

may be conveyed or disposed of to a State, political subdivision,

municipality, or tax-supported institution for a public airport. Airport

property is any surplus real propefiy including improvements and

personal propeny located thereon as a part of the operating unit

(exclusive of propezty the highest and best use of which is

determined by the Administrator of General Services to be industrial

and which shall be so classified for disposrd without regard to the

provisions of this section) which, in the determination of the

Administrator of the Federal Aviation Administration (FAA) is

essential, suitable, or desirable for the development, improvement,

o~ration, or maintenance of a public airport, as defined in the

Federal Airport ACL as amended (49 U.S.C. 1101 ). or reasonably

necessary to fulfill the immediate and foreseeable future

requirements of the grantee for the development, improvement,

operation, or maintenance of a public airport. including property

needed to develop sources of revenue from nonaviation businesses at

a public airport.

E-74 December 1997
DoD Base Reuse Implementation Manual

*****

6. Section 101-47.308-10 is added to read as follows:

Sec. 101-47.308-10 Property for port facility use.

(a) Under section 203(q)(l) of the ACL in hisiher discretion, the

Adminisifator, the Secretary of the Department of Defense (DOD) in

the case of properry located at a military installation closed or

realigned pursuant to abase closure law, or the designee of either of

them, may, as the disposal agency, assign to the Secretary of the

Department of Tmrrsporration (DOT) for conveyance, without

monetary consideration, to any State, or to those governmental

bodies named therein, or to any political subdivision. municipality,

or instrumentality thereof, such surplus real and related personal

property, including buildings, fixtures, and equipment situated

thereon, as is recommended by DOT as being needed for the

development or operation of a port facility.

(b) The disposal agency shafl noti~ established State and regional

or metropolitan clearinghouses and eligible public agencies, in

accordarrce with the provisions of Sec. 101-47.303-2, that property

which may be disposed of for use in the development or operation of

a port faciliw has been determined to be surplus. A copy of such

notice shall be transmitted to DOT accompanied by a copy of the

holding agency’s Report of Excess Real Property (Standard Form

118 and suppornng schedules).

(c) The notice to eligible public agencies shrdl state:

(1) that any planning for the development or operation of a port

facility, involved in the development of the comprehensive and

coordinated plan of use and procurement for the property. must be

coordinated with DOT;

(2) that any pa.ny interested in acquiring the property for use as a

port facility must contact the Department of Transportation,

Maritime Administration, for instructions concerning submission of

an application; and

(3) that the requirement for use of the property in the development

or operation of a port facility will be contingent upon approval by the

disposal agency, under paragraph (i) of thk section, of a

recommendation from DOT for assignment of the property to DOT

and that any subsequent conveyance shall be subject to the

disapproval of the head of the disposal agency as stipulated under

section 203(q)(2) of the Act and referenced in paragraph (j) of this

subsection.

(d) DOT shall notify the disposal agency within 20 calendar-days

after the date of the notice of determination of surplus if there is an

eligibIe applicant interested in acquiring the property. Whenever the

disposal agency. has been so notified of a potential port facility

requirement for the property, DOT shall submit to the dkposal

agency, with 25 calendar-days after the expiration of the 20-

calendar-day notification period, either a recommendation for

assignment of the property or a statement that a recommen&tion will

not be submitted.

(e) Whenever an eligible public agency has submitted a plan of

use for properry for a port facility requirement, in accordance with

the provisions of Sec. 101-47.303-2, the disposal agency shall

transmit two copies of the plan to DOT. DOT shall either submit to

the disposal agency, within 25 calendar-days after the date the plan

is transmitted, a recommendation for axignment of the property to

DOT, or inform the disposal agency. within the 25-calendar-day

period. that a recommendation will not be made for assiewment of

the property to DOT.

(f) Any assignment recommendation submitted to the disposal

a=%ncy by DOT shall be accompanied by a copy of the explanatory

statement required under section 203(q)(3)(C) of the Act and shall

set forth complete information concerning the contemplated port

facility use, including:

(1) an identification of the propaty;

(2) an identification of the applicant;

(3) a copy of the approved application, which defines the

proposed plan of use of the property;

(4) a statement that DOT’s determination that the properry is

located in an arM of serious economic disruption was made in

consultation with the Secretary of Labor and

(5) a statement that DOT’s approval of the economic development

plan associated wiLh the plan of use of the property was made in

consultation with the Secretary of Commerce.

(g) Holding agencies shall cooperate to the fullest extent possible

with representatives of DOT and the Secretary of Commerce in their

inspection of such property, and of the Secretary of Labor in

affirming that the propaty is in an area of serious economic

disruption, and in furnishing any information relating thereto.

(h) In the absenrz of an assignment recommendation from DOT

submitted pursuant to paragraph (d) or(e) of this section, and

received witl-in the 25- calendar-day time limit specified therein, the

disposal agency shall proceed with other disposal action.

(i) If, after considering other uses for the property, the disposal

agency approves the assignment recommendation from DOT. it shall

assign the properry by letter or orher document to DOT. If the

recommendation is dkapproved. the dkposal agency shall likewise

notify DOT. The disposrd agency shall furnish to the holding agency

a copy of the rissiewerm unless the holding agency is also the

disposal agency.

Q) Subsequent to the receipt of the ietter of rsssignmerrt from the

disposal agency. DOT shall furnish to the disposal agency, a Notice

of Proposed Conveyance in accordance with section 203(q)(2) of the

Act. If the disposal agency has not disapproved the proposed transfer

within 35 calendar-days of the receipt of the Notice of Proposed

Conveyance, DOT may proceed with the conveyarrce.

(k) DOT shall furnish the Notice of Proposed Conveyance within

35 calendar- days after the date of the letter of assignment from the

disposal agency, prepare the conveyance documents, and take all

necessary actions to accomplish the conveyance witilrr 15 crdendardays after the expiration of the 30-calendar-day period provided for

the disposal agency to consider the notice. DOT shsdl furnish the

disposal agency two conformed copies of the instruments conveying

property under subsection 203(q) of the Act and afl related

documents containing restrictions or conditions regulating the future

use, maintenance, or transfer of the prope~.

(1) DOT has the responsibility for enforcing compliance with the

terms and conditions of conveyance; for reformation, correction, or

amendment of any instnment of conveyance; for the granting of

release; and for the taking of any necessary actions for recapturing

such propeny in accordance with the provisions of subsection

203(q)(4) of the Act. Any such action shall be subject to the

disapproval of the head of the disposal agency. Notice to the head of

the disposal agency, by DOT, of any action proposed to be taken

shall identify the propeny affected, set for?h in derail the proposed

action, and state the reasons therefor.

(m) In each case of repossession under a reversion of title by

reason of noncompliance with dte terms or conditions of conveyance

or other cause, DOT shall. at or prior to such reversion of title,

provide the appropriate GSA regional office, with an accurate

description of the real and related personal property involved.

Standard Form 118, Report of Excess Real Property, and appropriate

accompanying schedules shall be used for this purpose. Upon receipt

of advice from DOT that such property has been repossessed, GSA

will review and act upon the Standard Form 118. However. the

grantee shall be required to provide protection and maintenance for

the property until such time as the rirfe reverts to the Federal

Government, including the period of any notice of intent to revert.

Such protection and maintenance shall, at a minimum, conform to

the standards prescribed in Sec. 101-47.4913.

December 1997 E-75
60 FR 35706: Public Benefit Conveyances of Port Facilities

SUBPART 101-47.49-ILLUSTRATIONS

7. Section 101-47 .4905 isrevised torcad as follows:

Sec.101-47.4905 Extract ofstattrtes authorizirtg disposalof

surplus real property to public agencies.

Statute: 16 U. S. C.667b-d. Disposals forwildIife consemation

purposes.

Type of property*: Any surplus real prope~ (with or without

improvements) that can be utilized for wildlife consewation

purposes other than migratory birds, exclusive of(1) oil, gas, and

mineral rights, and (2) properry which the holding agency hsu

requested reimbursement of the net proceeds of disposition pursuant

to section 204(c) of the Act.

Etigible public agency: The agency of the State exercising the

administration of the wildlife resources of the State.

Statute: 23 U.S.C. 107 and 317. Disposals for Federal aid and

other highways.

Type of property *: Any real propesty or interests therein

determined by the Secretary of Transportation to be reasonably

necessary for the right-of- way of a Fcderaf aid or other highway

(including control of access thereto from adjoining lands) or as a

source of material for the construction or maintenance of any such

highway adjacent to such teal properry or interest therein, exclusive

of(I) oil, gas, and mineral rights; and (2) properry which the holding

agency has requested reimbursement of the net proceeds of

disposition pursuant to section 204(c) of the Act.

Eligible public agency: State wherein the props-ry is situated (or

such political subdivision of the State as its law may provide),

including the District of Columbia and Commonwealth of Puerto

Rico.

Statute: 40 U.S.C. 122. Transfer to the District of Columbia of

jurisdiction over properties wirhin the Distict for administration and

maintenance under conditions to be agreed upon.

Type of property: Any surplus rest property, except property for

which the holding agency has requested reimbursement of the net

proceeds of disposition pursuant to section 204(c) of the Act.

Eligible public agency: District of Columbia.

Statute: 40 U.S.C. 345c. Disposals for authorized widening of

public highways, streets, or afleys.

Type of property*: Such interest in surplus real properry as the

head of the disposal agency determines will not be adverse to the

interesLs of the United States, exclusive of(1) oil, gas and mineral

rights; (2) property subject to disposal for Federal aid and other

highways under the provisions of 3 U.S.C. 107 and 3 17; and (3)

properry which the holding agency has requested reimbursement of

the net proccc.ds of disposition pursuant to section 204(c) of the Act.

Eligible public agency: State or political subdivision of a State.

Statute: 40 U.S.C. 484(e)(3)(H). Disposals by negotiations.

Type of property: Any surplus real properry including related

personal propmy.

Eligible public agency: Any State; the District of Columbia; any

territory or possession of the United States; and any instrumentality,

political subdivision, or rax-supprmed agency in any of them.

Statute: 40 LT.S,C. 484(k)( 1 )(A). Disposals for school, classroom,

or other educarionaI purposes.

Type of property *: Any surplus real property. including

buildings, fixtures. and equipment situated thereon, exclusive of(1)

oil, gas. and mineral rights; and (2) property which the holding

agency has requested reimbursement of the net proceeds of

disposition pursuant to section 204(c) of ttrc Act.

Eligible public agencies: Any State; the Disrncl of Columbia;

any territory or possession of the United States; and any

instrumentality, political subdivision, or tax-supported educational

institution in any of them.

Statuta 40 U.S.C. 484(k)(l)(B). Disposals for public health

purposes including research.

‘fj’pe of property *: Any surplus real properry, including

buildings, fixtures, and equipment situated thereon. exclusive of(1)

oil, gas, and mineral rights; and (2) property which the holding

agency has requested reimbursement of the net proceeds of

disposition pursuant to section 204(c) of the Act.

EligibIe public agencies: Any State; the District of Columbia,

any territory or possession of the United States; and any

insrrumenraliry, poiitical subdivision, or tax-supported medical

institution in any of them.

Statute 40 U.S.C. 484(k)(2). Disposals for public park or

recreation areas.

Type of property*: Any surplus real property recommended by

the Secretary of the Interior as being needed for use as a public park

or recreation area, inciudirrg buildings, fixtures, and equipment

situated thereon, exclusive of(1) oil, gas, and mineral rights; (2)

improvements without land (3) military chapels subject to disposal

as a shrine, memorial, or for religious purposes under the provisions

of Sec. 101-47.308-5; and (4) proprry which the holding agency has

requested reimbursement of the net proceeds of disposition pursuant

to section 204(c) of the Act.

Eligible public agencies: Any State; the District of Columbia;

any territory or possession of the United States: and any

instrumentality or political subdivision in any of them,

Statute 40 U.S.C. 484(k)(3). Disposals for historic monuments.

Type of property: Any surplus real and related personaI property,

including buildings, fixtures, and equipment situated thereon,

exclusive of(1) oil, gas, and mineral rights; (2) improvements

without land; (3) military chapels subject to disposal as a shrine,

memorial, or for religious purposes under the provisions of Sec. 101-

47.308-5; and (4) property which the holding agency has requested

reimbursement of the net proceeds of disposition pursuant to section

204(c) of the Act. Before property maybe conveyed under this

statute, the Secretary of the Interior must determine that the property

is suitable and desirable for use as a historic monument for the

benefit of the public. No property shall be determined to be suitable

or desirable for use as a historic monument except in conformity

with the recommendation of the Advisory Bo~d on National Parks,

Historic Sites, Buildings, and Monuments established by section 3 of

the act entitled “An Act for the preservation of historic American

sites, buildings, objects, and antiquities of national significance, and

for other purposes: approved Aug. 21, 1935 (49 Stat. 666), and only

so much of any such property shall be so determined to be suitable or

desirable for such use as is necessary for the preservation and

property observation of its historic features. The Administrator of

General Services may authorize the use of the properry conveyed

under this subsection for revenue-producing activities if the

Secretary of the Interior (1) determines that such activities are

compatible with use of the property for historic monument purposes,

(2) approves the grantee’s plan for repair, rehabilitation, restoration,

and maintenance of the propmy, (3) approves grantee’s plan for

financing repairs, rehabilitation, restoration, and maintenance of the

property which must provide that incomes in excess of the costs of

such items shall be used by the grantee only for public historic

prcsetwation, park, or recreational purposes, and (4) approves the

E-76 December 1997
DoD Base Reuse Implementation Manual

grantee’s accounting and financial procedures for recording and

reporting on revenue- producing activities.

Eligible public agencies: Any State; the Dhict of Columbia;

any territory or possession of the United States; and any

instrumentality or political subdivision in any of them.

Statute: 40 U.S.C. 484(p). Disposals for correctional facilities.

Type of property Any surplus real and related personal property,

including buildings, fixtures, and equipment situated thereon,

exclusive of(1) oil, gas, and mineral rights; (2) improvements

without land; (3) military chapels subject to disposal m a shrine,

memorial, or for religious purposes under the provisions of Sec. 101-

47.308-5; and (4) propetty which the holding agency has requested

reimbursement of the net proceeds of deposition pursuant to section

204(c) of the Act. Before property maybe conveyed under this

statute, the Attorney General must detemtine that the property is

required for correctional facility use and approve an appropriate

program or project for the care or rehabilitation of criminal

offenders.

Eligible public agencies: Any State; the District of Coltrmbir,

any territory or possession of the United States; and any

instrumentality or political subdivision in any of them.

Statute: 40 U.S.C. 484(q). Disposals for port facility purposes.

Type of property: Any surplus red and related personal propeny,

including buildings. fixtures, and equipment situated thereon,

exclusive of(1) oi[. gas, and mineral rights; (2) improvements

without land; (3) military chapels subject to dkposal as a shrine,

memorial, or for religious purposes under the provisions of Sec. 101-

47,308-5; and (4) property which the holding agency has requested

reimbursement of the net proceeds of deposition pursuant to section

204(c) of the Act. Before property maybe conveyed under this

statute, the Secretary of Transportation must determine, after

consultation with the Secretary of Labor. that tie property is located

in an area of serious economic disruption: and approve, after

consultation with the Secrerary of Commerce, an economic

development plan associated wirk the plan of use of the properry.

Eligible public agencies: Any State; the District of Columbia:

any territory or possession of the United States; and any

instrumentality or political subdivision in any of them.

Statute: 49U.S.C.4715 1. Disposrds for public airport purposes,

Type of property*: Any surplus Ed or personal property,

exclusive of(1) oil, gas and mineral rights; (2) military chapels

subject to disposal as a shrine, memorial or for religious purposes

under the provisions of Sec. 101- 47.308-5; (3) property subject to

disposal as a hk.tone monument site under the provisions of Sec.

101-47.308-3; (4) property the highest and the best use of which is

determined by the disposal agency to be industrial and which shall

be so classified for disposal, and (5) properry which the holding

agency has requested reimbursement of the net proceeds of

disposition pursuant to section 204(c) of the Act.

Eligible public agencies: Any State, the District of Columbia;

any territory or possession of the United States; and any

instrumentality or politicaI subdivision in any of them.

Statute: 50 U.S.C. App. 1622(d). Disposals of power

transmission lines needful for or adaptable to the requirements of a

public power project.

Type of property . *. ~y SuWluS pwer transmission line and the

right-of-way acquired for its construction.

Eligible public agency: Any State or political subdivision thereof

or an y State agency or instrumentality,

*The Commissioner, Public Buildings Service, General Services

Administration, Washington, DC 20405, in appropriate instances,

may waive any exclusions listed in this description, except for those

required by law.

8. Section 10147.4906 is revised to read as follows:

Sec. 101-47.4906 Sample notice to public agencies of surplus

determination.

Notice of Surplus Deterrrtinatio~overnment Property

(Date)

(Name of property)

(Location)

Notice is hereby given that the above described propefiy has been

determined to be surplus Government property. The property

consists of _ acres of fee land, more or less, together with

easements and improvements as follows:

This property is surplus property available for disposal under the

provisions of the Federal Property and Administrative Services Act

of 1949 (40 U.S.C. 47 I et seq.), as amended, certain related laws,

and applicable ree@ations. The applicable regulations provide that

non-Federal public agencies sbd be allowed a reasonable period of

time to submit a formal application for surplus real properry in

which they may be interested, Disposal of this property, or portions

thereof, may be made to public agencies for the public uses listed

below whenever the Government determines that the property is

available for such uses and that disposal thereof is authorized by the

statutes cited and applicable regularions. (Note: Lk.t only those

statutes and types of disposal appropriate to the pardcuiar surphss

property described in the notice.)

16 U.S.C. 667 b-d Wildlife conservation.

23 U.S.C. 107 and 317 Federal aid and certain other

highways.

40 U.s.c. 122 Transfer to the District of

Columbia.

40 U.s.c. 345C Widening of highways, streets,

or alleys.

40 U.S.C. 484(e)(3)(H) Negotiated sales for general

public purpose uses.

(Note: This statute should not be

listed if the

affected surplus property has an

estimated value of

less than $10,000.)

40 U. SC. 484(k)(l)(A) School, classroom, or other

educational purposes.

40 U.S.C. 484(k)(l)(B) Protection of public health,

including research.

40 U.S.C, 484(k)(2) Public park or recreation area.

40 U.S.C. 484(k)(3) Historic monument.

40 U.S.C. 484(p) Correctional facility.

40 U.S.C. 484(q) Port facility.

49 U.s,c. 47151 Public airport.

50 U.S.C. App. 1622(d) Power transmission lines.

If any public agency desires to acquire the property under any of

the cited statutes, notice thereof must be tiled in writing with (insert

name and address of disposal agency):

December 1997 E-7 7
60 FR 35706: Public Benefit Conveyances of Port Facilities

Such notice must be filed not later than

(Insert date of the 21 st day following the date of the notice.)

Each notice so filed shall:

(a) Disclose the contemplated use of the property;

(b) Conrain a citation of the applicable statute or statutes under

which the public ageney desires to procure the property;

(c) Disclose the nature of the interest if an interest less than fw

title to the property is contemplated;

(d) State the length of time required to develop and submit a

formal application for the property. @Were a payment to the

Government is required under the statute, include a statement as to

whether funds are available and, if not, the period required to obtin

funds.); and

(e) Give the remon for the time required to develop and submit a

for-maI application.

Upon receipt of such written notices. the public agency shall be

promptly informed concerning the pied of time that will be allowed

for submission of a formal application. In the absence of such

written notice, or in the event a public use proposal is not approved,

the regulations issued pursuant to authority contained in the Federal

Property and Administrative Services Act of 1949 provide for

offering the property for sale.

Application forms or instructions to acquire property for the

public uses listed in this notice may be obtained by contacting the

following Federal agencies for each of the indicated purposes:

(Note: For each public propose statute listed in this notice, show the

name, address, and telephone number of the Federal agency to be

contacted by interested public body applicants.)

Dated: June 27, 1995

Julia M. Stasch,

Acting Administrator of General Services.

[FR Dec. 95-I(A54 Filed 7- IC-95; 8:45 am]

BILLING CODE 6820-96-M

E-78 December 1997
46 FR 42466:

Final Rule for

Public Benefit Conveyances of

Port Facilities

46 Federal Register 42466, 16 August 1995

DEPARTMENT OF TRANSPOJ?TATJON

Maritime Administration

46CFR Part 387

[FPMR Amendment H-192]

RIN 2133-AB13

Utiltition and Disposal of Surplus Federal Real Property

for Development or Operation of a Port Facility

AGENCY:. Maritime Administration, Department of

Transportation

ACTION: Final rule.

.—-.----—-—_——--—--——-——---.-

SUMMARY: This rule provides guidance for implementation by the

Secretary of Transportation, acting by and through the Maritime

Administrator, Ma-itirne Administration (Secretary), of controlling

regulations issued by the Administrator of General Services

(Adrnirrisrrator), as authorized by Public Law 103-160. This rule

prescribes the terms, resewations, restrictions, and conditions under

which the Secretary will convey surplus Federal real property and

related personal prepay to public entities for use in the

development or operation of a pot-t facility.

EFFECTIVE DATE: This rule is effective August 16.1995.

FOR FURTHER INFORMATION CONTACT James R. Carmmr,

Acting Chief, Division of Potts, Maritime Administration. MAR830, Room 7201,400 Seventh Street, SW., Washington, DC, 20590,

(202) 366-4357.

SUPPLEMENTARY INFORMATION: Due to the downsizing of

the United States Government, surplus Federal real property and

related personal propeny is becoming available which may be

suitable for the development or operation of a port facility. Seetion

2927 of the National Defense Authorization Act for Fiscaf Year

1994, enacted November 30, 1993, Public Law 103-160, amended

Section 203 of the Federal Proptmy and Administrative Services Act

of 1949 (40 U.S.C. 484) to provide that under such regulations as the

Adtnirrktrator, after consultation with rJre Secretary of DefensG may

prescribe, the Adrninisuator or the Secretary of Defense, in the case

of property located at a military installation closed or realigned

pursuant to a base closure law, may, in his or her discretion, assign

to the Secretary for disposal such surplus real property, including

buildlngs, fixtures, and equipment situated thereon, as is

recommended by the Secretary as being needed for the development

or operation of a port facility. The Secretary of Transportation

delegated the audrority to convey such real and personal surplus

Fedemf propmy to the Maritime Administrator (59 FR 36987, July

20, 1994). The Administrator has issued a final rule (60 FR 35706,

July 11, 1995). This rule establishes the terms, reservations,

restrictions. and conditions of dse conveyance, as required by Pub[ic

Law 103-160, which are consistent with the controlling regulations

at 41 CFR 101-47.308-10. Most of the terms, reservations,

restrictions, and conditions used in this rule are found in other

surplus Federal propetry conveyance program regulations of FederaJ

agencies. The port facility definition is new and was developed by

the Secretary to implement the conveyance pro=gartt.

Rulemaking Analyses and Notices

This rulemaking has been reviewed under Executive Order 12866

and Department of Transportation Regulatory Policies and

Procedures (44 FR 11034, February 26, 1979), It is not considered to

bean economically significant regulatory action under Section 3(O

of E.O. 12866. since ii has been determined that it is not likely to

result in a rule that may have an annual effect on the economy of

$100 million or more or adversely affect in a material way the

economy, a sector of dre economy, productivity, competition, jobs,

the environment, public health or safety, or State, local, or tribal

governments or communities. This rule would not significantly affect

other Federal agencies; would not materially alter budgerary impacts;

does not raise novel legal or policy issues arising out of legal

mandates, the President’s priorities or the principles set forth in E.O.

12866, and has been determined to be a nonsignificant rule under the

Department Regulatory Policies and Procedures. Accordingly, it is

not considered to be a significant regulatory action under E.O.

12866. Since this is a matter reiating to public property it is exempt

from the notice requirements of the Administrative Procedure Act (5

U.S.C. 553 (a)(2)). Furthermore. it is necessary to finalize

guidelines to facilitate and expedite the selection of the recipients of

properties and the actual conveyance.

December 1997 E-79
46 FR 42466: Final Rule for Public Benefit Conveyances of Port Facilities

This rule has not been reviewed by the Office of Management and

Budget,

Federalism

The Secretary has analyzed this rulemaldng in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined hat these regulations do not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Regulatory Flexibility Act

Tbe Secretary certifies that thk rulemaking will not have a

signifi~nt economic impact on a substantial number of small

entities.

Environmental Assessment

The Secretary has considered the environmental impact of thk

ndemaking and has concluded that the Secretary, as a sponsoring

agency under the port facility conveyance, is not required to prepare

an envirorrmentrd assessment under the National Environmental

Policy Act of 1969 (NEPA). The Secretary will insure that the reuse

plan submitted by an applicant complies with the provisions of

NEPA as prepared by the disposal agency.

Paperwork Reduction Act

This ruiemaking contains a reporting requirement that is subject to

the Office of Management and Budget (OMB) approval under 5

CFR Part 1320, pursuant to the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.), as amended, and is lMsg (or has been)

submitted.

List of Subjects in 46 CFR Part 387

Government property management, Surplus Government property.

Accordingly, new 46 CFR Part 387 is added to read as follows:

PART 387-UTILE!ATION AND DISPOSAL OF SURPLUS

FEDERAL REAL PROPERN FOR DEVELOPMENT OR

OPERATION OF A PORT FACILITY

Sec.

12.1 scope.

12.2 Definitions.

12.3 Notice of availability of surplus property.

12.4 Applications.

12.5 Surplus properry assignment recommendation.

12.6 Terms, reservations, restrictions, and conditions of

conveyance.

Authority: Pub. L. 103-160, 107 stat. 1933 (40 U.S.C. 4fU (q))

Sec. 12.1 Scope.

This part is applicable to Surplus Properry that is recommended

by the Secrermy as being needed for the development or operation of

a Port Facility and is appropriate for being assigned to, or that has

been assigned to the Secretary for conveyance as provided for in

Public Law 103-160 and 40 U.S.C. 471 et seq.

E-80 December 1997

Sec. 12.2 Definitions.

(a) Act means the Federal Property and Administrative Services

Act of 1949 as amended, 40 U.S.C. 471 et seq., and 41 CFR 101-47.

Terms defined in the Act and not defined in this section have the

meanings given to them in the Act.

(b) Applicant means any State, the District of Columbia, the

Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin

Islands, the Trust Territory of the Pacific Islands, the Commonwealth

of the Northern Mariarra Islands, or any political subdivision,

municipality, or instrumentality thereof, that has submitted an

application to the Secretary to obtain surplus Federal property,

(c) Disposal Agency means the executive agency of the

Government which has authority to assign property to the Secretary

for conveyance for development or operation of a port facility.

(d) Grantee means the Applicant to which surplus Federrd

property is conveyed.

(e) Grantor means the Secretary.

(~ Port Facility means any structure and improved properry,

including services connected therewith, whether located on the

waterfront or inland, which is used or intended for use in developing,

transferring, or assisting maritime commerce and water dependent

industries, including, but not limited to, pietw wharves, yards. docks,

berths, aprons, equipment used to load and discharge cargo and

passengers from vessels, dry and cold storage spaces. terminal and

warehouse buildings, bulk and liquid storage terminals, tank farms,

multimodal tmarrsfer terminals, transshipment and receiving stations,

marinas, foreign trade zones. shipyards, industrial property, fishing

and aquiculture structures. mixed use waterfront complexes,

connecting channels and port landside transportation access routes.

(g) Secretary meam the Secretary of Transportation acting by and

through the Maritime Administrator, Maritime Administration by

delegation of authori~.

(h) Surplus Properry means Federal real rural related personal

properry drdy determined to be unneeded by a Federal agency which

may be conveyed to an Applicant for use in the development or

operation of a port facility.

Sec. 12.3 Notice of availability of surplus property.

he Disposal Agency shall publish notices of availability of excess

and surplus Federal real and personal properry. The Secretary will

advise eligible pubIic port agencies, in an appropriate manner, of the

availability of Surplus Property that is deemed to have port facility

potential. Potential Applicants shall notify the Secretary, in writing,

of a desire to acquire surplus Federal properry before the expiration

of the notice period specified in the Notice of Surplus Propcrry --

Govemment Property.

Sec. 12.4 Applications.

Application forms for conveyance of Surplus Property can be

obtained from the Maritime Administration, Division of Ports, 400

Seventh Street, SW, Washington, DC 20590. The applicant shall

identify on the application form the requested propesty, agree to the

terms/condkions of the conveyance and shall also submit a Port

Facility Redevelopment Plan (PFRP) which details the plan of use

for the properry and the associated economic development plan.

Sec. 12.5 Surplus property assignment recommendation.

Before any assignment recommendation is submitted to the

Disposal Agency by the Secretary the following conditions shall be

mec

.—
DoD Base Reuse Implementation Manual

(a) The Secretary has received and approved an application for the

property,

(b) The Applicant is able. willing, and authorized to assume

immediate possession of the properry and pay administrative

expenses incidental to the conveyance (itpplicarion preparation.

documentation, legal and land transfer costs).

(c) The Secretary, after consultation with the Secretary of kibor,

has determined that the property to be conveyed is located in an area

of serious economic disruption.

(d) The Secretary. after consultation with the Secretary of

Commerce, approves the PFRP as part of a necessary economic

development pro=-.

(e) The Secretary determines that the application complies with

the provisions of the National Environmental Policy Act of 1969 as

prepare-xl by the Disposal Agency.

Sec. 12.6 Terms, reservations, restrictions, and conditions of

conveyance.

(a) Conveyances of property shall be on forms approved by, and

available from the Secretary, and shall include such terms,

reservations, restrictions and conditions set forth in this part and

such other terms. reservations, restrictions and conditions as the

Secretary may deem appropriate or necessary.

(b) Property shall be conveyed by a quitclaim deed or deeds on an

“as is, where is” basis without any warranty, expressed or implied,

(c) Property shall be used and maintained in perpetuity for the

purpose for which it was conveyed, and that if the property ceases to

be used or maintained for that purpose, all or any portion of the

property shall, in its then existing condition, at tire option of the

Government, revert to the Government.

(d) The entire Port Facility, includ@ all structures,

improvements, facilities and equipment in which the deed conveys

any interest shall be maintained at all times in safe and serviceable

condition, to assure its efficient operation and use, provided,

however, that such maintenance shall be required as to structures,

improvements, facilities and equipment only during the useful life

thereof, as determined by the Grantor.

(e) No property conveyed shall be mortgaged or otherwise

dispescd of, or rights or interest granted by the Grantee without the

prior written consent of the Grantor. However, the Grantor will only

review leases of five years or more to determine the interest granted

therein.

(f) Property conveyed for a Port Facility shall be used and

maintained for the use and benefit of the public on fair and

reasonable terms, without dkcrimination.

(g) The Grantee shall: insofar as it is within its powers and to the

extent reasonable, adequately protect the water and kind access to tie

Port Facility.

(h) The Grantee shall operate and maintain in a safe and

semiceable condition. as deemed reasonably necesm-y by Grantor,

the print and all facilities thereon and connected therewith which are

necessary to service the maritime users of the Port Facility and will

not permit any activity thereon which would interfere with its use as

a Port Facility.

(i) The Port Facility is subject to the provisions of Title 46 Code

of Federal Regulations (CFR) Parr 340.

(j) The Grantee shall furnish the Grantor such financial,

operational and annual utilization reports as may be required.

(k) Where construction or major rcnok’ation is not required or

proposed, the Port Facility shall be placed into use within twelve

(12) months from the date of this conveyance. Where construction or

major renovation is contemplated at the time of conveyance, the

property shall be placed in service according to the redevelopment

rime table approved by the Grantor in the PFRP.

(1) The Grantee shall not enter into any trarrsaction which would

operate to deprive it of any of the rights and powers necessary to

perform or comply with any or all of the terms, reservations,

restrictions and conditions set forth in the application and the deed.

(m) The Grantee shall keep up to date at all times a Port Facility

layout map of the property described herein showing:

(1) the boundaries of the Port Facility and idl proposed additions

thereto, and

(2) the location of all existing and proposed port facilities and

structures, including all proposed extensions and reductions of

existing port facilities.

(n) In the event that any of the terms, reservations, restrictions and

conditions are not met. observed, or complied with by the Grantee,

the title, right of possession and aIl other rights conveyed by the deed

to the Grantee, or any portion thereof, shall, at the option of the

Grantor revert to the Government in its then existing condition sixty

(60) days following the date tqwn which demand to dtis effat is

made in writing by Grantor or its successor in function, unless within

said sixty (60) days such default or violation shall have been cured

and afl such terms, reservations, restrictions and conditions shall

have been met, observed, or complied with, in which event said

revemion shall not occur.

(o) The deed will contain a severability clause dealing with the

terms, reservations, restrictions and conditions of conveyance.

(p) The Grantee shall remain at rdl times a State, the Dk.trict of

Columbia, the Commonwealth of Puerto RICO, Guam, American

Samoa. the Virgin Islands, the Trust Territory of the Pacific Islands,

the Commonwealth of the Northern Marirma Islands, or any political

subdh’ision, municipality, or instrumentality thereof.

(q) The Grantee shall comply at all times with all applicable

provisions of law, including, the Water Resources Development Act

of 1990.

(r) The Grantee shall not modify, amend or otherwise change its

approved PFRP widrout the prior written consent of Grantor ~d

shatl implement the PFRP as approved by the Grantor.

(s) The Government under Section 120 (h)(3) of the

Comprehensive, Environmental Response, Compensation and

Liability Act of 1980. as amended, warrants that:

(1) all remedial action necessary to protect human health and the

environment witlr respect to any hazardous substance on the property

has been taken before the date of the conveyance, and

(2) any additional remedial action found to be necessary after the

date of the conveyance shall be conducted by the Government.

(t) The Government resemes the right of access to any and all

portions of the propty for purposes of environmental investigation,

remediation or other corrective action and compliance inspection

purposes.

(u) The Grantee shall agree that in the event, the Grantor exercises

its option to revert all right, title, and interest in and to any portion of

the property to the Government, or Grantee voluntarily returns title to

the property in lieu of a reverter, the Grantee shall provide protection

co, and maintenance of the propeny at all times until such time as the

title is actually reverred or returned to and accepted by the

Government. Such protection and maintenance shall, at a minimum,

conform to the standards prescribed in regulations implementing the

Act.

(v) The Grantor expressly reserves from the conveyance:

(1) oil, @ and mineral rights,

(2) improvements without land,

(3) military ckapels, and

(4) property disposed of pursuant to 204 (c)of the Act.

(w) The Government reserves all right, title, and interest in and to

all property of whatsoever nature nor specifically conveyed, together

with right of removal thereof from the Port Facility within one (1)

year from the date of the deed.

December 1997 E-81
46 FR 42466: Final Rule for Public Benefit Conveyances of Port Facilities

(x) The Grantee shrdl agree to maintain any pornon of the

property identified as “historical”’ in accordance with recommended

approaches in the Secretary of Interior Standards for Historic

Property at 16 U.S.C. 461-470w-6.

(y) Prior to the use of any prope~ by children under seven (7)

years of age, the Grantee shall remove aft lead-based paint hazards

and aJ1 potential lead-based paint hazards in rtccordance with

applicable lead-based paint laws and regulations.

(z) The Grantee agrees drat any construction or alteration is

prohibited unless a determination of no hazard to air navigation is

issued by the FedemJ Aviation Administration.

(m) The Grantee shalI a=- that in its use and occupancy of the

Port Facility it shall comply with all faws relating to asbestos.

(bb) All consmrction on any portion of the property identified as

“ wetkmd# as determined by the appropriate Distxict of tJte Army

Corps of Engineers shall comply witJr Department of the Army

Wetland Construction Restrictions contained in Title 33 CFR, Parts

320 through 330.

(cc) The Grantee shall agree to maintain, indemnify and hold

harmless the Grantor and the Government from any and all claims,

demands, costs or judgments for damages to persons or propsrty that

may arise from the use of the property by the Grantee, guests,

employees and lessees.

(old) The Grantor, on written request from the Grantee, may gram

release from any of the terms, reservations, restrictions and

conditions contained in the deed, or the Grantor may release the

Grantee from any terms, remricdons, reservations or conditions if the

Grantor determines that the property so conveyed no longer serves

the purpose for which it was conveyed.

(ee) The Grantor shalI make reforms, corrections or amendments

to the deed if necessary to comect such daed or to conform such deed

to the requirements of applicable law.

Dated: August 10, 1995.

By order of the Maritime Administrator.

Joel C. Richard,

Secretay, Maritime Administrator.

[FR Dec. 95-20180 Filed 8-15-95; 8:45 am]

BILLING CODE 491 O-81-P

E-82 December 1997