need and use and that are established after consultation with state agen-
cies to the extent feasible. The Administrator shall give fair consider-
ation, consistent with the established criteria, to an expression of need
and interest from a public agency or other eligible institution within a
State. The Administrator shall give special consideration to an eligible
recipient’s request, transmitted through the state agency, for a specific
item of property.
(2) ALLOCATION AMONG STATES.—The Administrator shall allocate
property among the States on a fair and equitable basis, taking into ac-
count the condition of the property as well as the original acquisition
cost of the property.
(3) RECIPIENTS AND PURPOSES.—The Administrator shall transfer to
a state agency property the state agency selects for distribution through
donation within the State—
(A) to a public agency for use in carrying out or promoting, for
residents of a given political area, a public purpose, including con-
servation, economic development, education, parks and recreation,
public health, and public safety; or
(B) for purposes of education or public health (including re-
search), to a nonprofit educational or public health institution or
organization that is exempt from taxation under section 501 of the
Internal Revenue Code of 1986 (26 U.S.C. 501), including—
(i) a medical institution, hospital, clinic, health center, or
drug abuse treatment center;
(ii) a provider of assistance to homeless individuals or to
families or individuals whose annual incomes are below the
poverty line (as that term is defined in section 673 of the Com-
munity Services Block Grant Act (42 U.S.C. 9902));
(iii) a school, college, or university;
(iv) a school for the mentally retarded or physically handi-
capped;
(v) a child care center;
(vi) a radio or television station licensed by the Federal
Communications Commission as an educational radio or edu-
cational television station;
(vii) a museum attended by the public; or
(viii) a library serving free all residents of a community,
district, State, or region.
(4) EXCEPTION.—This subsection does not apply to property trans-
ferred under subsection (d).
(d) DEPARTMENT OF DEFENSE PROPERTY.—
(1) DETERMINATION.—The Secretary of Defense shall determine
whether surplus personal property under the control of the Department
of Defense is usable and necessary for educational activities which are
of special interest to the armed services, including maritime academies,
or military, naval, Air Force, or Coast Guard preparatory schools.
(2) PROPERTY USABLE FOR SPECIAL INTEREST ACTIVITIES.—If the
Secretary of Defense determines that the property is usable and necessary
for educational activities which are of special interest to the armed serv-
ices, the Secretary shall allocate the property for transfer by the Admin-
istrator to the appropriate state agency for distribution through donation
to the educational activities.
(3) PROPERTY NOT USABLE FOR SPECIAL INTEREST ACTIVITIES.—If
the Secretary of Defense determines that the property is not usable and
necessary for educational activities which are of special interest to the
armed services, the property may be disposed of in accordance with sub-
section (c).
(e) STATE PLAN OF OPERATION.—
(1) IN GENERAL.—Before property may be transferred to a state agen-
cy, the State shall develop a detailed state plan of operation, in accord-
ance with this subsection and with state law.
(2) PROCEDURE.—
(A) CONSIDERATION OF NEEDS AND RESOURCES.—In developing
and implementing the state plan of operation, the relative needs and
resources of all public agencies and other eligible institutions in the
State shall be taken into consideration. The Administrator may con-
sult with interested federal agencies to obtain their views concerning
the administration and operation of this section.
(B) PUBLICATION AND PERIOD FOR COMMENT.—The state plan of
operation, and any major amendment to the plan, may not be filed
with the Administrator until 60 days after general notice of the pro-
posed plan or amendment has been published and interested persons
have been given at least 30 days to submit comments.
(C) CERTIFICATION.—The chief executive officer of the State shall
certify and submit the state plan of operation to the Administrator.
(3) REQUIREMENTS.—
(A) STATE AGENCY.—The state plan of operation shall include
adequate assurance that the state agency has—
(i) the necessary organizational and operational authority
and capability including staff, facilities, and means and meth-
ods of financing; and
(ii) established procedures for accountability, internal and
external audits, cooperative agreements, compliance and use re-
views, equitable distribution and property disposal, determina-
tion of eligibility, and assistance through consultation with ad-
visory bodies and public and private groups.
(B) EQUITABLE
DISTRIBUTION.—The state plan of operation
shall provide for fair and equitable distribution of property in the
State based on the relative needs and resources of interested public
agencies and other eligible institutions in the State and their abili-
ties to use the property.
(C) MANAGEMENT
CONTROL
AND
ACCOUNTING
SYSTEMS.—The
state plan of operation shall require, for donable property trans-
ferred under this section, that the state agency use management con-
trol and accounting systems of the same type as systems required
by state law for state-owned property. However, with approval from
the chief executive officer of the State, the state agency may elect
to use other management control and accounting systems that are
effective to govern the use, inventory control, accountability, and
disposal of property under this section.
(D) RETURN
AND
REDISTRIBUTION
FOR
NON-USE.—The state
plan of operation shall require the state agency to provide for the
return and redistribution of donable property if the property, while
still usable, has not been placed in use for the purpose for which
it was donated within one year of donation or ceases to be used by
the donee for that purpose within one year of being placed in use.
(E) REQUEST BY RECIPIENT.—The state plan of operation shall
require the state agency, to the extent practicable, to select property
requested by a public agency or other eligible institution in the
State and, if requested by the recipient, to arrange shipment of the
property directly to the recipient.
(F) SERVICE CHARGES.—If the state agency is authorized to as-
sess and collect service charges from participating recipients to cover
direct and reasonable indirect costs of its activities, the method of
establishing the charges shall be set out in the state plan of oper-
ation. The charges shall be fair and equitable and shall be based on
services the state agency performs, including screening, packing,
crating, removal, and transportation.
(G) TERMS, CONDITIONS, RESERVATIONS, AND RESTRICTIONS.—
(i) IN GENERAL.—The state plan of operation shall provide
that the state agency—
(I) may impose reasonable terms, conditions, reserva-
tions, and restrictions on the use of property to be donated
under subsection (c); and
(II) shall impose reasonable terms, conditions, reserva-
tions, and restrictions on the use of a passenger motor ve-
hicle and any item of property having a unit acquisition
cost of $5,000 or more.
(ii) SPECIAL LIMITATIONS.—If the Administrator finds that
an item has characteristics that require special handling or use
limitations, the Administrator may impose appropriate condi-
tions on the donation of the property.
(H) UNUSABLE PROPERTY.—
(i) DISPOSAL.—The state plan of operation shall provide
that surplus personal property which the state agency deter-
mines cannot be used by eligible recipients shall be disposed
of—
(I) subject to the disapproval of the Administrator with-
in 30 days after notice to the Administrator, through
transfer by the state agency to another state agency or
through abandonment or destruction if the property has
no commercial value or if the estimated cost of continued
care and handling exceeds estimated proceeds from sale; or
(II) under this subtitle, on terms and conditions and in
a manner the Administrator prescribes.
(ii) PROCEEDS FROM SALE.—Notwithstanding subchapter IV
of this chapter and section 702 of this title, the Administrator,
from the proceeds of sale of property described in subsection
(b), may reimburse the state agency for expenses that the Ad-
ministrator considers appropriate for care and handling of the
property.
(f) COOPERATIVE AGREEMENTS WITH STATE AGENCIES.—
(1) PARTIES TO THE AGREEMENT.—For purposes of carrying out this
section, a cooperative agreement may be made between a state surplus
property distribution agency designated under this section and—
(A) the Administrator;
(B) the Secretary of Education, for property transferred under
section 550(c) of this title;
(C) the Secretary of Health and Human Services, for property
transferred under section 550(d) of this title; or
(D) the head of a federal agency designated by the Administrator,
the Secretary of Education, or the Secretary of Health and Human
Services.
(2) SHARED RESOURCES.—The cooperative agreement may provide
that the property, facilities, personnel, or services of—
(A) a state agency may be used by a federal agency; and
(B) a federal agency may be made available to a state agency.
(3) REIMBURSEMENT.—The cooperative agreement may require pay-
ment or reimbursement for the use or provision of property, facilities,
personnel, or services. Payment or reimbursement received from a state
agency shall be credited to the fund or appropriation against which
charges would otherwise be made.
(4) SURPLUS PROPERTY TRANSFERRED TO STATE AGENCY.—
(A) IN
GENERAL.—Under the cooperative agreement, surplus
property transferred to a state agency for distribution pursuant to
subsection (c) may be retained by the state agency for use in per-
forming its functions. Unless otherwise directed by the Adminis-
trator, title to the retained property vests in the state agency.
(B) CONDITIONS.—Retention of surplus property under this
paragraph is subject to conditions that may be imposed by—
(i) the Administrator;
(ii) the Secretary of Education, for property transferred
under section 550(c) of this title; or
(iii) the Secretary of Health and Human Services, for prop-
erty transferred under section 550(d) of this title.
§ 550. Disposal of real property for certain purposes
(a) DEFINITION.—In this section, the term ‘‘State’’ includes the District of
Columbia, Puerto Rico, and the territories and possessions of the United
States.
(b) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING PROP-
ERTY UNDER THIS SECTION.—
(1) IN GENERAL.—Subject to disapproval by the Administrator of
General Services within 30 days after notice of a proposed action to be
taken under this section, except for personal property transferred pursu-
ant to section 549 of this title, the official specified in paragraph (2)
shall determine and enforce compliance with the terms, conditions, res-
ervations, and restrictions contained in an instrument by which a trans-
fer under this section is made. The official shall reform, correct, or
amend the instrument if necessary to correct the instrument or to con-
form the transfer to the requirements of law. The official 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 Federal Gov-
ernment by the instrument, if the official determines that the property
no longer serves the purpose for which it was transferred or that a re-
lease, conveyance, or quitclaim deed will not prevent accomplishment of
that purpose. The release, conveyance, or quitclaim deed may be made
subject to terms and conditions that the official considers necessary to
protect or advance the interests of the Government.
(2) SPECIFIED OFFICIAL.—The official referred to in paragraph (1)
is—
(A) the Secretary of Education, for property transferred under
subsection (c) for school, classroom, or other educational use;
(B) the Secretary of Health and Human Services, for property
transferred under subsection (d) for use in the protection of public
health, including research;
(C) the Secretary of the Interior, for property transferred under
subsection (e) for public park or recreation area use;
(D) the Secretary of Housing and Urban Development, for prop-
erty transferred under subsection (f) to provide housing or housing
assistance for low-income individuals or families; and
(E) the Secretary of the Interior, for property transferred under
subsection (h) for use as a historic monument for the benefit of the
public.
(c) PROPERTY FOR SCHOOL, CLASSROOM, OR OTHER EDUCATIONAL USE.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s discre-
tion and under regulations that the Administrator may prescribe, may
assign to the Secretary of Education for disposal surplus real property,
including buildings, fixtures, and equipment situated on the property,
that the Secretary recommends as needed for school, classroom, or other
educational use.
(2) SALE OR LEASE.—Subject to disapproval by the Administrator
within 30 days after notice to the Administrator by the Secretary of
Education of a proposed transfer, the Secretary, for school, classroom, or
other educational use, may sell or lease property assigned to the Sec-
retary under paragraph (1) to a State, a political subdivision or instru-
mentality of a State, a tax-supported educational institution, or a non-
profit educational institution that has been held exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)).
(3) FIXING VALUE.—In fixing the sale or lease value of property dis-
posed of under paragraph (2), the Secretary of Education shall take into
consideration any benefit which has accrued or may accrue to the Gov-
ernment from the use of the property by the State, political subdivision
or instrumentality, or institution.
(d) PROPERTY FOR USE IN THE PROTECTION OF PUBLIC HEALTH, IN-
CLUDING RESEARCH.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s discre-
tion and under regulations that the Administrator may prescribe, may
assign to the Secretary of Health and Human Services for disposal sur-
plus real property, including buildings, fixtures, and equipment situated
on the property, that the Secretary recommends as needed for use in the
protection of public health, including research.
(2) SALE OR LEASE.—Subject to disapproval by the Administrator
within 30 days after notice to the Administrator by the Secretary of
Health and Human Services of a proposed transfer, the Secretary, for
use in the protection of public health, including research, may sell or
lease property assigned to the Secretary under paragraph (1) to a State,
a political subdivision or instrumentality of a State, a tax-supported
medical institution, or a hospital or similar institution not operated for
profit that has been held exempt from taxation under section 501(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
(3) FIXING VALUE.—In fixing the sale or lease value of property dis-
posed of under paragraph (2), the Secretary of Health and Human Serv-
ices shall take into consideration any benefit which has accrued or may
accrue to the Government from the use of the property by the State, polit-
ical subdivision or instrumentality, or institution.
(e) PROPERTY FOR USE AS A PUBLIC PARK OR RECREATION AREA.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s discre-
tion and under regulations that the Administrator may prescribe, may
assign to the Secretary of the Interior for disposal surplus real property,
including buildings, fixtures, and equipment situated on the property,
that the Secretary recommends as needed for use as a public park or
recreation area.
(2) SALE OR LEASE.—Subject to disapproval by the Administrator
within 30 days after notice to the Administrator by the Secretary of the
Interior of a proposed transfer, the Secretary, for public park or recre-
ation area use, may sell or lease property assigned to the Secretary
under paragraph (1) to a State, a political subdivision or instrumen-
tality of a State, or a municipality.
(3) FIXING VALUE.—In fixing the sale or lease value of property dis-
posed of under paragraph (2), the Secretary of the Interior shall take
into consideration any benefit which has accrued or may accrue to the
Government from the use of the property by the State, political subdivi-
sion or instrumentality, or municipality.
(4) 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 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
(B) may contain additional terms, reservations, restrictions, and
conditions the Secretary of the Interior determines are necessary to
safeguard the interests of the Government.
(f) PROPERTY FOR LOW INCOME HOUSING ASSISTANCE.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s discre-
tion and under regulations that the Administrator may prescribe, may
assign to the Secretary of Housing and Urban Development for disposal
surplus real property, including buildings, fixtures, and equipment situ-
ated on the property, that the Secretary recommends as needed to provide
housing or housing assistance for low-income individuals or families.
(2) SALE OR LEASE.—Subject to disapproval by the Administrator
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 property assigned to the Secretary under
paragraph (1) to a State, a political subdivision or instrumentality of
a State, or a nonprofit organization that exists for the primary purpose
of providing housing or housing assistance for low-income individuals or
families.
(3) SELF-HELP HOUSING.—
(A) IN GENERAL.—The Administrator shall disapprove a pro-
posed transfer of property under this subsection unless the Adminis-
trator determines that the property will be used for low-income
housing opportunities through the construction, rehabilitation, or re-
furbishment of self-help housing, under terms requiring that—
(i) subject to subparagraph (B), an individual or family re-
ceiving housing or housing assistance through use of the prop-
erty shall contribute a significant amount of labor toward the
construction, rehabilitation, or refurbishment; and
(ii) dwellings constructed, rehabilitated, or refurbished
through use of the property shall be quality dwellings that com-
ply with local building and safety codes and standards and
shall be available at prices below prevailing market prices.
(B) GUIDELINES FOR CONSIDERING DISABILITIES.—For purposes
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 con-
sider 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 consideration and discount the
value for any benefit which has accrued or may accrue to the Gov-
ernment from the use of the property by the State, political subdivi-
sion 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 jus-
tified.
(g) PROPERTY FOR NATIONAL SERVICE ACTIVITIES.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s discre-
tion 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 Execu-
tive Officer recommends as needed for national service activities.
(2) SALE, LEASE, OR DONATION.—Subject to disapproval by the Ad-
ministrator within 30 days after notice to the Administrator 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 re-
ceives 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 property dis-
posed of under paragraph (2), the Chief Executive Officer shall take into
consideration any benefit which has accrued or may accrue to the Gov-
ernment 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 Gov-
ernment, the Administrator may convey to a State, a political sub-
division or instrumentality of a State, or a municipality, the right,
title, and interest of the Government in and to any surplus real and
related personal property that the Secretary of the Interior deter-
mines 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 suitable and desirable
for use as a historic monument only in conformity with a rec-
ommendation by the National Park System Advisory Board estab-
lished 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 preservation
and proper observation of the property’s historic features may be de-
termined to be suitable and desirable for use as a historic monu-
ment.
(2) REVENUE-PRODUCING ACTIVITY.—
(A) IN GENERAL.—The Administrator may authorize use of any
property conveyed under this subsection for revenue-producing ac-
tivities 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, rehabilitation,
restoration, and maintenance of the property;
(iii) approves the grantee’s plan for financing the repair, re-
habilitation, restoration, and maintenance of the property; and
(iv) examines and approves the accounting and financial
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, rehabilita-
tion, restoration, and maintenance only for public historic preserva-
tion, park, or recreational purposes.
(C) AUDITS.—The Secretary of the Interior may periodically
audit the records of the grantee that are directly related to the prop-
erty conveyed.
(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 exist-
ing condition, at the option of the Government, revert to the Govern-
ment; and
(B) may contain additional terms, reservations, restrictions, and
conditions the Administrator determines are necessary 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 prescribe, may donate to
the American National Red Cross for charitable 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 PROPERTY.—The Administrator 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 Administrator 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 determined by the Adminis-
trator; 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 Fed-
erated 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 regulations that the Ad-
ministrator 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 transferee 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 transferee or
grantee for law enforcement purposes; or
(3) the Director of the Federal Emergency Management Agency deter-
mines 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 Govern-
ment.
(d) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real
and related personal property disposed of under this section—
(1) shall provide that all of the property be used and maintained 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 con-
ditions that the Administrator determines are necessary to safeguard the
interests of the Government.
(e) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING PROP-
ERTY UNDER THIS SECTION.—The Administrator shall determine and enforce
compliance with the terms, conditions, reservations, and restrictions contained
in an instrument by which a transfer or conveyance under this section is
made. The Administrator 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, condi-
tion, reservation or restriction contained in the instrument, and shall convey,
quitclaim, or release to the transferee (or other eligible user) any right or in-
terest reserved to the Government by the instrument, if the Administrator de-
termines 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 quitclaim 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 fol-
lowing:
(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 Services, after
consultation with the Secretary of Defense, may prescribe, the Administrator,
or the Secretary of Defense in the case of property located at a military in-
stallation closed or realigned pursuant to a base closure law, may assign to
the Secretary of Transportation for disposal surplus real property, including
buildings, fixtures, and equipment situated on the property, that the Sec-
retary of Transportation recommends as needed for the development or oper-
ation of a port facility.
(c) AUTHORITY
FOR CONVEYANCE
BY
THE SECRETARY
OF TRANSPOR-
TATION.
(1) IN GENERAL.—Subject to disapproval by the Administrator or the
Secretary of Defense within 30 days after notice of a proposed convey-
ance by the Secretary of Transportation, the Secretary of Transpor-
tation, for the development or operation of a port facility, may convey
property assigned to the Secretary of Transportation under subsection
(b) to a State or political subdivision, municipality, or instrumentality
of a State.
(2) CONVEYANCE REQUIREMENTS.—A transfer of property may be
made under this section only after the Secretary of Transportation has—
(A) determined, after consultation with the Secretary of Labor,
that the property to be conveyed is located in an area of serious eco-
nomic disruption;
(B) received and, after consultation with the Secretary of Com-
merce, approved an economic development plan submitted by an eli-
gible grantee and based on assured use of the property to be con-
veyed as part of a necessary economic development program; and
(C) transmitted to Congress an explanatory statement that con-
tains information substantially similar to the information con-
tained in statements prepared under section 545(e) of this title.
(d) NO MONETARY CONSIDERATION.—A conveyance under this section shall
be made without monetary consideration to the Federal Government.
(e) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real
and related personal property disposed of under this section shall—
(1) provide that all of the property be used and maintained for the
purpose for which it was conveyed in perpetuity, and that if the prop-
erty 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) contain additional terms, reservations, restrictions, and conditions
that the Secretary of Transportation shall by regulation require to ensure
use of the property for the purposes for which it was conveyed and to
safeguard the interests of the Government.
(f) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING PROP-
ERTY UNDER THIS SECTION.—The Secretary of Transportation shall deter-
mine and enforce compliance with the terms, conditions, reservations, and re-
strictions contained in an instrument by which a transfer or conveyance
under this section is made. The Secretary shall reform, correct, or amend the
instrument if necessary to correct the instrument or to conform the transfer
to the requirements of law. The Secretary shall grant a release from any term,
condition, reservation or restriction contained in the instrument, and shall
convey, quitclaim, or release to the grantee any right or interest reserved to
the Government by the instrument, if the Secretary determines that the prop-
erty no longer serves the purpose for which it was transferred or that a re-
lease, conveyance, or quitclaim deed will not prevent accomplishment of that
purpose. The release, conveyance, or quitclaim deed may be made subject to
terms and conditions that the Secretary considers necessary to protect or ad-
vance the interests of the Government.
§ 555. Donation of law enforcement canines to handlers
The head of a federal agency having control of a canine that has been used
by a federal agency in the performance of law enforcement duties and that
has been determined by the agency to be no longer needed for official purposes
may donate the canine to an individual who has experience handling canines
in the performance of those duties.
§ 556. Disposal of dredge vessels
(a) IN GENERAL.—The Administrator of General Services, pursuant to sec-
tions 521 through 527, 529, and 549 of this title, may dispose of a United
States Army Corps of Engineers vessel used for dredging, together with related
equipment owned by the Federal Government and under the control of the
Chief of Engineers, if the Secretary of the Army declares the vessel to be in
excess of federal needs.