program only if the property will generate mon-
etary proceeds to the Federal Government, as 
provided in subparagraph (B). A disposal of 
real property under the program may not in-
clude any exchange, trade, transfer, acquisition 
of like-kind property, or other non-cash trans-
action as part of the disposal. 
(D) PURCHASE BY STATE OR LOCAL GOV-
ERNMENT AND THE PUBLIC.— 
(i) STATE OR LOCAL GOVERNMENT.— 
The Administrator shall make real prop-
erty under the program first available for 
sale to State and local governments for a 
period of 45 days. 
(ii) PUBLIC SALE.—After the expira-
tion of the period described in clause (i), if 
the Administrator has received no offer 
from a State or local government to pur-
chase real property under the program, the 
Administrator shall make such property 
available for sale to the public. 
(iii) EXTENSION.—If the Adminis-
trator receives an offer from a State or 
local government during the period de-
scribed in clause (i), the Administrator 
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may have an additional 30 days from the 
expiration of the period described in clause 
(i) to finalize the sale. After the expiration 
of the additional 30 days, the Adminis-
trator shall make such property available 
for sale to the public. 
(iv) STATE
DEFINED.—In this sub-
paragraph, the term ‘‘State’’ means each 
of the several States, the District of Co-
lumbia, each territory or possession of the 
United States, and each federally recog-
nized Indian tribe. 
(E) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed as terminating or 
in any way limiting authorities that are other-
wise available to agencies under other provi-
sions of law to dispose of Federal real property, 
except as provided in subparagraph (F). 
(F) EXEMPTION FROM CERTAIN REQUIRE-
MENTS.—Any expedited disposal of real prop-
erty conducted under this section shall not be 
subject to— 
(i) subchapter IV of chapter 5 of sub-
title I of title 40, United States Code; 
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(ii) sections 550 and 553 of title 40, 
United States Code; 
(iii) section 501 of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 
11411); 
(iv) any other provision of law author-
izing the no-cost conveyance of real prop-
erty owned by the Federal Government; or 
(v) any congressional notification re-
quirement other than that in section 545 
of title 40, United States Code. 
(3) EXCEPTION.—The Director shall not in-
clude for purposes of the Federal Real Property Dis-
posal Program any parcel of real property, building, 
or other structure located on such real property that 
is to be closed or realigned under the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 
2687 note). 
(d) SPECIAL RULES FOR DEPOSIT AND USE OF PRO-
CEEDS FROM EXPEDITED DISPOSALS.— 
(1) REIMBURSEMENT.—Executive agencies that 
conduct expedited disposals of real property under 
this section shall be reimbursed from the proceeds 
for the administrative expenses associated with the 
disposal of such property. Such amounts will be 
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credited as offsetting collections to the account that 
incurred such expenses, to remain available until ex-
pended subject to appropriations. 
(2) DISTRIBUTION OF PROCEEDS.—After pay-
ment of such administrative costs, the balance of the 
proceeds shall be distributed as follows: 
(A) Eighty percent shall be deposited into 
the General Fund of the Treasury for Federal 
budget deficit reduction. 
(B) Twenty percent shall be deposited into 
the account of the agency that owned the real 
property and initiated the disposal action. Such 
funds shall be available without further appro-
priation, to remain available for the period of 
the Federal Real Property Disposal Program, 
for activities related to Federal real property 
capital improvements and disposal activities. 
(e) DEFINITIONS.—In this section: 
(1) EXECUTIVE AGENCY.—The term ‘‘executive 
agency’’ has the meaning given that term under sec-
tion 102(4) of title 40, United States Code. 
(2) SURPLUS PROPERTY.—The term ‘‘surplus 
property’’ has the meaning given that term under 
section 102(10) of title 40, United States Code. 
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(3) SURPLUS
REAL
PROPERTY.—The term 
‘‘surplus real property’’ means real property that is 
surplus property. 
(f) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than December 31 
of each year, the Administrator, in consultation with 
the Director, shall submit a report to the congres-
sional committees listed in paragraph (3) based on 
data submitted from all executive agencies, for the 
previous fiscal year, detailing executive agency ef-
forts to reduce real property assets and the informa-
tion required by paragraph (2). 
(2) REPORT CONTENTS.—The report shall con-
tain the following information: 
(A) The aggregated estimated market 
value and number of real property assets under 
the custody and control of all executive agen-
cies, set forth government-wide and by agency, 
and for each at the constructed asset level and 
at the facility/installation level. 
(B) The aggregated estimated market 
value and number of surplus and excess real 
property assets under the custody and control 
of all executive agencies, set forth government- 
wide and by agency, and for each at the con-
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structed asset level and at the facility/installa-
tion level. 
(C)(i) The aggregated cost for maintaining 
all surplus and excess real property under the 
custody and control of all executive agencies, 
set forth government-wide and by agency, and 
for each at the constructed asset level and at 
the facility/installation level. 
(ii) For purposes of clause (i), costs for 
real properties owned by the Federal Govern-
ment shall include recurring maintenance and 
repair costs, utilities, cleaning and janitorial 
costs, and roads and grounds expenses. 
(iii) For purposes of clause (i), costs for 
real properties leased by the Federal Govern-
ment shall include lease costs, including base 
and operating rent and any other relevant costs 
listed in clause (ii) not covered in the lease con-
tract. 
(D) The aggregated estimated deferred 
maintenance costs of all real property under the 
custody and control of all executive agencies, 
set forth government-wide and by agency, and 
for each at the constructed asset level and at 
the facility/installation level. 
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value of surplus real property under the Fed-
eral Real Property Disposal Program pursuant 
to subsection (c). 
(I) Such other information as the Adminis-
trator considers appropriate. 
(3) CONGRESSIONAL
COMMITTEES.—The con-
gressional committees listed in this paragraph are as 
follows: 
(A) The Committee on Oversight and Gov-
ernment Reform and the Committee on Trans-
portation and Infrastructure of the House of 
Representatives. 
(B) The Committee on Homeland Security 
and Governmental Affairs and the Committee 
on Environment and Public Works of the Sen-
ate. 
SEC. 5. SALE OF CERTAIN FEDERAL LANDS PREVIOUSLY 
IDENTIFIED AS SUITABLE FOR DISPOSAL. 
(a) COMPETITIVE SALE OF LANDS.—The Secretary 
shall offer the identified Federal lands for disposal by 
competitive sale for not less than fair market value as de-
termined by an independent appraiser. 
(b) EXISTING RIGHTS.—The sale of identified Fed-
eral lands under this section shall be subject to valid exist-
ing rights. 
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(c) PROCEEDS OF SALE OF LANDS.—All net proceeds 
from the sale of identified Federal lands under this section 
shall be deposited directly into the Treasury for reduction 
of the public debt. 
(d) REPORT.—Not later than 4 years after the date 
of the enactment of this Act, the Secretary shall submit 
to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate— 
(1) a list of any identified Federal lands that 
were not sold under subsection (a) and the reasons 
such lands were not sold; and 
(2) an updated inventory of all identified Fed-
eral lands. 
(e) DEFINITIONS.—In this section: 
(1) IDENTIFIED FEDERAL LANDS.— 
(A) The term ‘‘identified Federal lands’’ 
means Federal lands that are— 
(i) under the administrative jurisdic-
tion of the Secretary; 
(ii) located in States where more than 
50 percent of the total land area is feder-
ally owned; 
(iii) suitable for disposal; and 
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(iv) not described in subparagraph 
(B). 
(B) The term ‘‘identified Federal lands’’ 
does not include the following: 
(i) Lands not identified for disposal 
an the applicable land use plan. 
(ii) Lands subject to a Recreation and 
Public Purpose conveyance application. 
(iii) Lands identified for State selec-
tion. 
(iv) Lands identified for Indian tribe 
allotments. 
(v) Lands identified for local govern-
ment use. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 6. FEDERAL PROGRAM SUNSET. 
(a) REQUIREMENT TO REAUTHORIZE FEDERAL PRO-
GRAMS.—Not later than 90 days after the date of the en-
actment of this Act, the Director of the Office of Manage-
ment shall submit a plan to Congress that provides for 
the phased-in expiration of all Federal programs every 
three years. Any Federal program that is scheduled to ex-
pire under the plan must be reauthorized. 
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(b) NO FUNDING THROUGH A CONTINUING RESOLU-
TION.—Each program that is reauthorized pursuant to 
subsection (a) may not be funded through a continuing 
resolution. 
(c) PUBLIC RECOMMENDATION AND SIGNED STATE-
MENT.—Not later than the date on which the head of each 
executive agency submits an appropriation request for 
such agency under section 1108 of title 31, United States, 
Code, the head of each executive agency shall— 
(1) make a public recommendation for each 
Federal program of such agency, including a deter-
mination for the reasons each such program exists; 
and 
(2) submit a signed statement to Congress for 
each such Federal program as follows: ‘‘As the head 
of the executive agency responsible for this Federal 
program, I have reviewed its purpose, mandate, and 
necessity, and I recommend that Congress appro-
priate funding so that the Federal program can con-
tinue for the next fiscal year. It is my professional 
judgment that such Federal program in question 
serves a significant purpose for which the United 
States taxpayer is well-served in the use of such tax-
payer’s money to fund the program.’’. 
Æ 
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