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(e) PAYMENT BY FEDERAL AGENCIES.—
(1) ASSIGNED REAL PROPERTY.—To the extent that the appropria-
tions of the General Services Administration not otherwise allocated are
inadequate for repairs, alterations, maintenance, or operation, the Ad-
ministrator may require each federal agency to which space has been
assigned to pay promptly by check to the Administrator out of its ap-
propriation for rent any part of the estimated or actual cost of the re-
pairs, alterations, maintenance, and operation. Payment may be either
in advance of, or on or during, occupancy of the space. The Adminis-
trator shall determine and equitably apportion the total amount to be
paid among the agencies to whom space has been assigned.
(2) LEASED SPACES.—To the extent that the appropriations of the
Administration not otherwise required are inadequate, the Adminis-
trator may require each federal agency to which leased space has been
assigned to pay promptly by check to the Administrator out of its avail-
able appropriations any part of the estimated cost of rent, repairs, al-
terations, maintenance, operation, and moving. Payment may be either
in advance or during occupancy of the space. When space in a building
is occupied by two or more agencies, the Administrator shall determine
and equitably apportion rental, operation, and other charges on the
basis of the total amount of space leased.
(f) AUTHORIZATION OF APPROPRIATIONS.—Necessary amounts may be
appropriated to cover the costs incident to the sale or lease of real property,
or authorized demolition of buildings on the property, declared to be surplus
to the needs of any federal agency under this section, and the care, mainte-
nance, and protection of the property, including pay of employees, travel of
Government employees, brokers’ fees not in excess of rates paid for similar
services in the community where the property is situated, appraisals, photo-
graphs, surveys, evidence of title and perfecting of defective titles, adver-
tising, and telephone and telegraph charges. However, the agency remains
responsible for the proper care, maintenance, and protection of the property
until the Administrator assumes custody or other disposition of the property
is made.
(g) REGULATIONS.—The Administrator may prescribe regulations as nec-
essary to carry out this section.
§ 1304. Transfer of federal property to States
(a) OBSOLETE BUILDINGS AND SITES.—
(1) IN GENERAL.—The Administrator of General Services, in the Ad-
ministrator’s discretion, on terms the Administrator considers proper,
and under regulations the Administrator may prescribe, may sell prop-
erty described in paragraph (2) to a State or a political subdivision of
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a State for public use if the Administrator considers the sale to be in
the best interest of the Federal Government.
(2) APPLICABLE PROPERTY.—The property referred to in paragraph
(1) is any federal building, building site, or part of a building site
under the Administrator’s control that has been replaced by a new
structure and that the Administrator determines is no longer needed
by the Government.
(3) PRICE.—The purchase price for a sale under this section must
be at least 50 percent of the value of the land as appraised by the Ad-
ministrator.
(4) PROCEEDS OF SALE.—The proceeds of a sale under this section
shall be deposited in the Treasury as miscellaneous receipts.
(5) PAYMENT TERMS.—The Administrator may enter into a long
term contract for the payment of the purchase price in installments
that the Administrator considers fair and reasonable. The Adminis-
trator may waive any requirement for interest charges on deferred pay-
ment.
(6) CONVEYANCE.—The Administrator may convey property sold
under this section by the usual quitclaim deed.
(b) WIDENING OF PUBLIC ROADS.—
(1) DEFINITION.—In this subsection, the term ‘‘executive agency’’
means an executive department or independent establishment in the ex-
ecutive branch of the Government, including any wholly owned Govern-
ment corporation.
(2) IN GENERAL.—When a State or a political subdivision of a State
applies for a conveyance or transfer of real property of the Government
in connection with an authorized widening of a public highway, street,
or alley, the head of the executive agency that controls the affected real
property may convey or transfer to the State or political subdivision,
with or without consideration, an interest in the real property that the
agency head determines is not adverse to the interests of the Govern-
ment. A conveyance or transfer under this subsection is subject to
terms and conditions the agency head considers necessary to protect
the interests of the Government.
(3) LIMITATION ON TRANSFERS FOR HIGHWAY PURPOSES.—An in-
terest in real property which can be transferred to a State or a political
subdivision of a State for highway purposes under title 23 may not be
conveyed or transferred under this subsection.
(4) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way
over, under, and through public lands and lands in the National Forest
System may not be granted under this subsection.
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§ 1305. Disposition of land acquired by devise
The General Services Administration may take custody, for disposal as
excess property under this subtitle and title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), of land ac-
quired by the Federal Government by devise.
§ 1306. Disposition of abandoned or forfeited personal prop-
erty
(a) DEFINITIONS.—In this section—
(1) AGENCY.—The term ‘‘agency’’ includes any executive depart-
ment, independent establishment, board, commission, bureau, service,
or division of the Federal Government, and any corporation in which
the Government owns at least a majority of the stock.
(2) PROPERTY.—The term ‘‘property’’ means all personal property,
including vessels, vehicles, and aircraft.
(b) VOLUNTARILY ABANDONED PROPERTY.—Property voluntarily aban-
doned to any agency in a way that vests title to the property in the Govern-
ment may be retained by the agency and devoted to official use only. If the
agency does not desire to retain the property, the head of the agency imme-
diately shall notify the Administrator of General Services to that effect, and
the Administrator, within a reasonable time, shall—
(1) order the agency to deliver the property to another agency that
requests the property and that the Administrator believes should be
given the property; or
(2) order disposal of the property as otherwise provided by law.
(c) FORFEITED PROPERTY.—
(1) AGENCY RETAINS PROPERTY.—An agency that seizes property
that has been forfeited to the Government other than by court decree
may retain the property and devote it only to official use instead of
disposing of the property as otherwise provided by law if competent au-
thority does not order the property returned to any claimant.
(2) AGENCY DOES NOT DESIRE TO RETAIN PROPERTY.—If the agen-
cy does not desire to retain the property, the head of the agency imme-
diately shall notify the Administrator to that effect, and the property—
(A) if not ordered by competent authority to be returned to any
claimant, or disposed of as otherwise provided by law, shall be de-
livered by the agency, on order of the Administrator given within
a reasonable time, to another agency that requests the property
and that the Administrator believes should be given the property;
or
(B) on order of the Administrator given within a reasonable
time, shall be disposed of as otherwise provided by law.
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(d) PROPERTY SUBJECT TO COURT PROCEEDING FOR FORFEITURE.—
(1) NOTIFICATION OF ADMINISTRATOR.—If a proceeding has begun
for the forfeiture of any property by court decree, the agency that
seized the property immediately shall notify the Administrator and at
the same time may file with the Administrator a request for the prop-
erty for its official use.
(2) APPLICATION FOR COURT ORDER TO DELIVER PROPERTY.—
(A) IN GENERAL.—Before entry of a decree, the Administrator
shall apply to the court to order delivery of the property in accord-
ance with this paragraph.
(B) DELIVERY TO SEIZING AGENCY.—If the agency that seized
the property files a request for the property under paragraph (1),
the Administrator shall apply to the court to order delivery of the
property to the agency that seized the property.
(C) DELIVERY TO OTHER REQUESTING AGENCY.—If the agency
that seized the property does not file a request for the property
under paragraph (1) but another agency requests the property, the
Administrator shall apply to the court to order delivery of the
property to the requesting agency if the Administrator believes
that the requesting agency should be given the property.
(D) DELIVERY TO SEIZING AGENCY FOR TEMPORARY HOLD-
ING.—If application to the court cannot be made under subpara-
graph (B) or (C) and the Administrator believes the property may
later become necessary to any agency for official use, the Adminis-
trator shall apply to the court to order delivery of the property to
the agency that seized the property, to be retained in its custody.
Within a reasonable time, the Administrator shall order the agen-
cy to—
(i) deliver the property to another agency that requests the
property and that the Administrator believes should be given
the property; or
(ii) dispose of the property as otherwise provided by law.
(3) FORFEITURE DECREED.—If forfeiture is decreed and the prop-
erty is not ordered by competent authority to be returned to any claim-
ant, the court shall order delivery as provided in paragraph (2).
(4) WHEN NO APPLICATION MADE.—The court shall dispose of prop-
erty for which no application is made in accordance with law.
(e) RETENTION OR DELIVERY OF PROPERTY DEEMED SALE.—Retention
or delivery of forfeited or abandoned property under this section is deemed
to be a sale of the property for the purpose of laws providing for informer’s
fees or remission or mitigation of a forfeiture. Property acquired under this
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section when no longer needed for official use shall be disposed of in the
same manner as other surplus property.
(f) PAYMENT OF COSTS RELATED TO PROPERTY.—
(1) AVAILABILITY OF APPROPRIATIONS.—The appropriation available
to an agency for the purchase, hire, operation, maintenance, and repair
of any property is available for—
(A) the payment of expenses of operation, maintenance, and re-
pair of property of the same kind the agency receives under this
section for official use;
(B) the payment of a lien recognized and allowed under law;
(C) the payment of amounts found to be due a person on the
authorized remission or mitigation of a forfeiture; and
(D) reimbursement of other agencies as provided in paragraph
(2).
(2) PAYMENT AND REIMBURSEMENT OF CERTAIN COSTS.—The agen-
cy that receives property under this section shall pay the cost of haul-
ing, transporting, towing, and storing the property. If the property is
later delivered to another agency for official use under this section, the
agency to which the property is delivered shall make reimbursement for
all of those costs incurred prior to the date the property is delivered.
(g) REPORT.—With the approval of the Secretary of the Treasury, the
Administrator may require an agency to make a report of all property aban-
doned to it or seized and the disposal of the property.
(h) ADMINISTRATIVE.—
(1) REGULATIONS.—With the approval of the Secretary, the Admin-
istrator may prescribe regulations necessary to carry out this section.
(2) OTHER LAWS NOT REPEALED.—This section does not repeal any
other laws relating to the disposition of forfeited or abandoned prop-
erty, except provisions of those laws directly in conflict with this section
which were enacted prior to August 27, 1935.
(3) PROPERTY NOT SUBJECT TO ALLOCATION UNDER THIS SEC-
TION.—The following classes of property are not subject to allocation
under this section, but shall be disposed of in the manner otherwise
provided by law:
(A) narcotic drugs, as defined in the Controlled Substances Act
(21 U.S.C. 801 et seq.).
(B) firearms, as defined in section 5845 of the Internal Revenue
Code of 1986 (26 U.S.C. 5845).
(C) other classes or kinds of property the disposal of which the
Administrator, with the approval of the Secretary, may consider
in the public interest, and may by regulation provide.
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§ 1307. Disposition of securities
The President, or an officer, agent, or agency the President may des-
ignate, may dispose of any securities acquired on behalf of the Federal Gov-
ernment under the provisions of the Transportation Act of 1920 (ch. 91,
41 Stat. 456), including any securities acquired as an incident to a case
under title 11, under a receivership or reorganization proceeding, by assign-
ment, transfer, substitution, or issuance, or by acquisition of collateral given
for the payment of obligations to the Government, or may make arrange-
ments for the extension of the maturity of the securities, in the manner,
in amounts, at prices, for cash, securities, or other property or any combina-
tion of cash, securities, or other property, and on terms and conditions the
President or designee considers advisable and in the public interest.
§ 1308. Disposition of unfit horses and mules
Subject to applicable regulations under this subtitle and title III of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.), horses and mules belonging to the Federal Government that have
become unfit for service may be destroyed or put out to pasture, either on
pastures belonging to the Government or those belonging to financially
sound and reputable humane organizations whose facilities permit them to
care for the horses and mules during the remainder of their natural lives,
at no cost to the Government.
§ 1309. Preservation, sale, or collection of wrecked, aban-
doned, or derelict property
The Administrator of General Services may make contracts and provi-
sions for the preservation, sale, or collection of property, or the proceeds
of property, which may have been wrecked, been abandoned, or become der-
elict, if the Administrator considers the contracts and provisions to be in
the interest of the Federal Government and the property is within the juris-
diction of the United States and should come to the Government. A contract
may provide compensation the Administrator considers just and reasonable
to any person who gives information about the property or actually pre-
serves, collects, surrenders, or pays over the property. Under each specific
agreement for obtaining, preserving, collecting, or receiving property or
making property available, the costs or claim chargeable to the Government
may not exceed amounts realized and received by the Government.
§ 1310. Sale of war supplies, land, and buildings
(a) IN GENERAL.—The President, through the head of any executive de-
partment and on terms the head of the department considers expedient,
may sell to a person, another department of the Federal Government, or
the government of a foreign country engaged in war against a country with
which the United States is at war—
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(1) war supplies, material, and equipment;
(2) by-products of the war supplies, material, and equipment; and
(3) any building, plant, or factory, including the land on which the
plant or factory may be situated, acquired since April 6, 1917, for the
production of war supplies, materials, and equipment that, during the
emergency existing on July 9, 1918, may have been purchased, ac-
quired, or manufactured by the Government.
(b) LIMITATION ON SALE OF GUNS AND AMMUNITION.—Sales of guns
and ammunition authorized under any law shall be limited to—
(1) other departments of the Government;
(2) governments of foreign countries engaged in war against a coun-
try with which the United States is at war; and
(3) members of the National Rifle Association and of other recog-
nized associations organized in the United States for the encourage-
ment of small-arms target practice.
§ 1311. Authority of President to obtain release
For the use or benefit of the Federal Government, the President may ob-
tain from an individual or officer to whom land has been or will be conveyed
a release of the individual’s or officer’s interest to the Government.
§ 1312. Release of real estate in certain cases
(a) IN GENERAL.—Real estate that has become the property of the Fed-
eral Government in payment of a debt which afterward is fully paid in
money and received by the Government may be conveyed by the Adminis-
trator of General Services to the debtor from whom it was taken or to the
heirs or devisees of the debtor or the person that they may appoint.
(b) NONAPPLICATION.—This section does not apply to real estate the
Government acquires in payment of any debt arising under the Internal
Revenue Code of 1986 (26 U.S.C. 1 et seq.).
§ 1313. Releasing property from attachment
(a) STIPULATION OF DISCHARGE.—
(1) PERSON ASSERTING CLAIM ENTITLED TO BENEFITS.—In a judi-
cial proceeding under the laws of a State, district, territory, or posses-
sion of the United States, when property owned or held by the Federal
Government, or in which the Government has or claims an interest, is
seized, arrested, attached, or held for the security or satisfaction of a
claim made against the property, the Attorney General may direct the
United States Attorney for the district in which the property is located
to enter a stipulation that on discharge of the property from the sei-
zure, arrest, attachment, or proceeding, the person asserting the claim
against the property becomes entitled to all the benefits of this section.
(2) NONAPPLICATION.—This subsection does not—
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(A) recognize or concede any right to enforce by seizure, arrest,
attachment, or any judicial process a claim against property—
(i) of the Government; or
(ii) held, owned, or employed by the Government, or by a
department of the Government, for a public use; or
(B) waive an objection to a proceeding brought to enforce the
claim.
(b) PAYMENT.—After a discharge, a final judgment which affirms the
claim for the security or satisfaction and the right of the person asserting
the claim to enforce it against the property, notwithstanding the claims of
the Government, is deemed to be a full and final determination of the rights
of the person and entitles the person, as against the Government, to the
rights the person would have had if possession of the property had not been
changed. When the claim is for the payment of money found to be due,
presentation of an authenticated copy of the record of the judgment and
proceedings is sufficient evidence to the proper accounting officers for the
allowance of the claim, which shall be allowed and paid out of amounts in
the Treasury not otherwise appropriated. The amount allowed and paid
shall not exceed the value of the interest of the Government in the property.
§ 1314. Easements
(a) DEFINITIONS.—In this section—
(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means an
executive department or independent establishment in the executive
branch of the Federal Government, including a wholly owned Govern-
ment corporation.
(2) REAL PROPERTY OF THE GOVERNMENT.—The term ‘‘real prop-
erty of the Government’’ excludes—
(A) public land (including minerals, vegetative, and other re-
sources) in the United States, including—
(i) land reserved or dedicated for national forest purposes;
(ii) land the Secretary of the Interior administers or super-
vises in accordance with the Act of August 25, 1916 (16
U.S.C. 1, 2, 3, 4) (known as the National Park Service Or-
ganic Act);
(iii) Indian-owned trust and restricted land; and
(iv) land the Government acquires primarily for fish and
wildlife conservation purposes and the Secretary administers;
(B) land withdrawn from the public domain primarily under the
jurisdiction of the Secretary; and
(C) land acquired for national forest purposes.
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(3) STATE.—The term ‘‘State’’ means a State of the United States,
the District of Columbia, Puerto Rico, and the territories and posses-
sions of the United States.
(b) GRANT OF EASEMENT.—When a State, a political subdivision or
agency of a State, or a person applies for the grant of an easement in, over,
or on real property of the Government, the executive agency having control
of the real property may grant to the applicant, on behalf of the Govern-
ment, an easement that the head of the agency decides will not be adverse
to the interests of the Government, subject to reservations, exceptions, limi-
tations, benefits, burdens, terms, or conditions that the head of the agency
considers necessary to protect the interests of the Government. The grant
may be made without consideration, or with monetary or other consider-
ation, including an interest in real property.
(c) RELINQUISHMENT OF LEGISLATIVE JURISDICTION.—In connection
with the grant of an easement, the executive agency concerned may relin-
quish to the State in which the real property is located legislative jurisdic-
tion that the executive agency considers necessary or desirable. Relinquish-
ment of legislative jurisdiction may be accomplished by filing with the chief
executive officer of the State a notice of relinquishment to take effect upon
acceptance or by proceeding in the manner that the laws applicable to the
State may provide.
(d) TERMINATION OF EASEMENT.—
(1) WHEN
TERMINATION
OCCURS.—The instrument granting the
easement may provide for termination of any part of the easement if
there has been—
(A) a failure to comply with a term or condition of the grant;
(B) a nonuse of the easement for a consecutive 2-year period
for the purpose for which granted; or
(C) an abandonment of the easement.
(2) NOTICE REQUIRED.—If a termination provision is included, it
shall require that written notice of the termination be given to the
grantee, or its successors or assigns.
(3) EFFECTIVE DATE.—The termination is effective as of the date
of the notice.
(e) ADDITIONAL EASEMENT AUTHORITY.—The authority conferred by
this section is in addition to, and shall not affect or be subject to, any other
law under which an executive agency may grant easements.
(f) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way over,
under, and through public lands and lands in the National Forest System
may not be granted under this section.