H. R. 2068—36
(2) SALE OR LEASE.—Subject to disapproval by the Adminis-
trator within 30 days after notice to the Administrator by
the Secretary of Housing and Urban Development of a proposed
transfer, the Secretary, to provide housing or housing assistance
for low-income individuals or families, may sell or lease prop-
erty assigned to the Secretary under paragraph (1) to a State,
a political subdivision or instrumentality of a State, or a non-
profit organization that exists for the primary purpose of pro-
viding housing or housing assistance for low-income individuals
or families.
(3) SELF-HELP HOUSING.—
(A) IN
GENERAL.—The Administrator shall disapprove
a proposed transfer of property under this subsection unless
the Administrator determines that the property will be
used for low-income housing opportunities through the
construction, rehabilitation, or refurbishment of self-help
housing, under terms requiring that—
(i) subject to subparagraph (B), an individual or
family receiving housing or housing assistance through
use of the property shall contribute a significant
amount of labor toward the construction, rehabilitation,
or refurbishment; and
(ii) dwellings constructed, rehabilitated, or refur-
bished through use of the property shall be quality
dwellings that comply with local building and safety
codes and standards and shall be available at prices
below prevailing market prices.
(B) GUIDELINES FOR CONSIDERING DISABILITIES.—For pur-
poses of fulfilling self-help requirements under paragraph
(3)(A)(i), the Administrator shall ensure that nonprofit
organizations receiving property under paragraph (2)
develop and use guidelines to consider any disability (as
defined in section 3(2) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102(2)).
(4) FIXING VALUE.—
(A) IN GENERAL.—In fixing the sale or lease value of
property disposed of under paragraph (2), the Secretary
of Housing and Urban Development shall take into consid-
eration and discount the value for any benefit which has
accrued or may accrue to the Government from the use
of the property by the State, political subdivision or
instrumentality, or nonprofit organization.
(B) AMOUNT OF DISCOUNT.—The amount of the discount
under subparagraph (A) is 75 percent of the market value
of the property, except that the Secretary of Housing and
Urban Development may discount by a greater percentage
if the Secretary, in consultation with the Administrator,
determines that a higher percentage is justified.
(g) PROPERTY FOR NATIONAL SERVICE ACTIVITIES.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s
discretion and under regulations that the Administrator may
prescribe, may assign to the Chief Executive Officer of the
Corporation for National and Community Service for disposal
surplus property that the Chief Executive Officer recommends
as needed for national service activities.
H. R. 2068—37
(2) SALE, LEASE, OR DONATION.—Subject to disapproval by
the Administrator within 30 days after notice to the Adminis-
trator by the Chief Executive Officer of a proposed transfer,
the Chief Executive Officer, for national service activities, may
sell, lease, or donate property assigned to the Chief Executive
Officer under paragraph (1) to an entity that receives financial
assistance under the National and Community Service Act
of 1990 (42 U.S.C. 12501 et seq.).
(3) FIXING VALUE.—In fixing the sale or lease value of prop-
erty disposed of under paragraph (2), the Chief Executive
Officer shall take into consideration any benefit which has
accrued or may accrue to the Government from the use of
the property by the entity receiving the property.
(h) PROPERTY FOR USE AS A HISTORIC MONUMENT.—
(1) CONVEYANCE.—
(A) IN GENERAL.—Without monetary consideration to the
Government, the Administrator may convey to a State,
a political subdivision or instrumentality of a State, or
a municipality, the right, title, and interest of the Govern-
ment in and to any surplus real and related personal
property that the Secretary of the Interior determines is
suitable and desirable for use as a historic monument
for the benefit of the public.
(B) 
RECOMMENDATION
BY
NATIONAL
PARK
SYSTEM
ADVISORY BOARD.—Property may be determined to be suit-
able and desirable for use as a historic monument only
in conformity with a recommendation by the National Park
System Advisory Board established under section 3 of the
Act of August 21, 1935 (16 U.S.C. 463) (known as the
Historic Sites, Buildings, and Antiquities Act). Only the
portion of the property that is necessary for the preserva-
tion and proper observation of the property’s historic fea-
tures may be determined to be suitable and desirable for
use as a historic monument.
(2) REVENUE-PRODUCING ACTIVITY.—
(A) IN GENERAL.—The Administrator may authorize use
of any property conveyed under this subsection for revenue-
producing activities if the Secretary of the Interior—
(i) determines that the activities are compatible with
use of the property for historic monument purposes;
(ii) approves the grantee’s plan for repair, rehabilita-
tion, restoration, and maintenance of the property;
(iii) approves the grantee’s plan for financing the
repair, rehabilitation, restoration, and maintenance of
the property; and
(iv) examines and approves the accounting and finan-
cial procedures used by the grantee.
(B) USE
OF
EXCESS
INCOME.—The Secretary of the
Interior may approve a grantee’s financial plan only if
the plan provides that the grantee shall use income
exceeding the cost of repair, rehabilitation, restoration, and
maintenance only for public historic preservation, park,
or recreational purposes.
(C) AUDITS.—The Secretary of the Interior may periodi-
cally audit the records of the grantee that are directly
related to the property conveyed.
H. R. 2068—38
(3) DEED OF CONVEYANCE.—The deed of conveyance of any
surplus real property disposed of under this subsection—
(A) shall provide that all of the property be used and
maintained for historical monument purposes in perpetuity,
and that if the property ceases to be used or maintained
for historical monument purposes, all or any portion of
the property shall, in its then existing condition, at the
option of the Government, revert to the Government; and
(B) may contain additional terms, reservations, restric-
tions, and conditions the Administrator determines are nec-
essary to safeguard the interests of the Government.
§ 551. Donations to American Red Cross
The Administrator of General Services, in the Administrator’s
discretion and under regulations that the Administrator may pre-
scribe, may donate to the American National Red Cross for chari-
table purposes property that the American National Red Cross
processed, produced, or donated and that has been determined
to be surplus property.
§ 552. Abandoned or unclaimed property on Government
premises
(a) AUTHORITY TO TAKE PROPERTYAdministrator of General Serv-
ices may take possession of abandoned or unclaimed property on
premises owned or leased by the Federal Government and determine
when title to the property vests in the Government. The Adminis-
trator may use, transfer, or otherwise dispose of the property.
(b) CLAIM FILED BY FORMER OWNER.—If a former owner files
a proper claim within three years from the date that title to the
property vests in the Government, the former owner shall be paid
an amount—
(1) equal to the proceeds realized from the disposition of
the property less costs incident to care and handling as deter-
mined by the Administrator; or
(2) if the property has been used or transferred, equal to
the fair value of the property as of the time title vested in
the Government less costs incident to care and handling as
determined by the Administrator.
§ 553. Property for correctional facility, law enforcement,
and emergency management response purposes
(a) DEFINITION.—In this section, the term ‘‘State’’ includes the
District of Columbia, Puerto Rico, Guam, American Samoa, the
Virgin Islands, the Federated States of Micronesia, the Marshall
Islands, Palau, and, the Northern Mariana Islands.
(b) AUTHORITY TO TRANSFER PROPERTY.—The Administrator of
General Services, in the Administrator’s discretion and under regu-
lations that the Administrator may prescribe, may transfer or
convey to a State, or political subdivision or instrumentality of
a State, surplus real and related personal property that—
(1) the Attorney General determines is required by the trans-
feree or grantee for correctional facility use under a program
approved by the Attorney General for the care or rehabilitation
of criminal offenders;
(2) the Attorney General determines is required by the trans-
feree or grantee for law enforcement purposes; or
H. R. 2068—39
(3) the Director of the Federal Emergency Management
Agency determines is required by the transferee or grantee
for emergency management response purposes including fire
and rescue services.
(c) NO MONETARY CONSIDERATION.—A transfer or conveyance
under this section shall be made without monetary consideration
to the Federal Government.
(d) DEED OF CONVEYANCE.—The deed of conveyance of any sur-
plus real and related personal property disposed of under this
section—
(1) shall provide that all of the property be used and main-
tained for the purpose for which it was conveyed in perpetuity,
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 the option of the Government, revert
to the Government; and
(2) may contain additional terms, reservations, restrictions,
and conditions that the Administrator determines are necessary
to safeguard the interests of the Government.
(e) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING
PROPERTY UNDER THIS SECTION.—The Administrator shall deter-
mine and enforce compliance with the terms, conditions, reserva-
tions, and restrictions contained in an instrument by which a
transfer or conveyance under this section is made. The Adminis-
trator shall reform, correct, or amend the instrument if necessary
to correct the instrument or to conform the transfer to the require-
ments of law. The Administrator shall grant a release from any
term, condition, reservation or restriction contained in the
instrument, and shall convey, quitclaim, or release to the transferee
(or other eligible user) any right or interest reserved to the Govern-
ment by the instrument, if the Administrator determines that the
property no longer serves the purpose for which it was transferred
or that a release, conveyance, or quitclaim deed will not prevent
accomplishment of that purpose. The release, conveyance, or quit-
claim deed may be made subject to terms and conditions that
the Administrator considers necessary to protect or advance the
interests of the Government.
§ 554. Property for development or operation of a port
facility
(a) DEFINITIONS.—In this section, the following definitions apply:
(1) BASE CLOSURE LAW.—The term ‘‘base closure law’’ means
the following:
(A) Title II of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100–
526; 10 U.S.C. 2687 note).
(B) The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note).
(C) Section 2687 of title 10.
(2) STATE.—The term ‘‘State’’ includes the District of
Columbia, Puerto Rico, Guam, American Samoa, the Virgin
Islands, the Federated States of Micronesia, the Marshall
Islands, Palau, and the Northern Mariana Islands.
(b) AUTHORITY FOR ASSIGNMENT TO THE SECRETARY OF TRANSPOR-
TATION.—Under regulations that the Administrator of General Serv-
ices, after consultation with the Secretary of Defense, may prescribe,