Office of Management and Budget, shall prescribe the amount of reimburse-
ment required for a transfer of excess property.
(b) REIMBURSEMENT AT FAIR VALUE.—The amount of reimbursement
required for a transfer of excess property is the fair value of the property,
as determined by the Administrator, if—
(1) net proceeds are requested under section 574(a) of this title; or
(2) either the transferor or the transferee agency (or the organiza-
tional unit affected) is—
(A) subject to chapter 91 of title 31; or
(B) an organization specified in section 321(c)(2) of this title.
(c) DISTRIBUTION THROUGH GENERAL SERVICES ADMINISTRATION SUP-
PLY CENTERS.—Excess property determined by the Administrator to be
suitable for distribution through the supply centers of the General Services
Administration shall be retransferred at prices set by the Administrator
with due regard to prices established under section 321(d) of this title.
§ 523. Excess real property located on Indian reservations
(a) PROCEDURES FOR TRANSFER.—The Administrator of General Serv-
ices shall prescribe procedures necessary to transfer to the Secretary of the
Interior, without compensation, excess real property located within the res-
ervation of any group, band, or tribe of Indians that is recognized as eligible
for services by the Bureau of Indian Affairs.
(b) PROPERTY HELD IN TRUST.—
(1) IN GENERAL.—Except as provided in paragraph (2), the Sec-
retary shall hold excess real property transferred under this section in
trust for the benefit and use of the group, band, or tribe of Indians,
within whose reservation the excess real property is located.
(2) SPECIAL REQUIREMENT FOR OKLAHOMA.—The Secretary shall
hold excess real property that is located in Oklahoma and transferred
under this section in trust for Oklahoma Indian tribes recognized by
the Secretary if the real property—
(A) is located within boundaries of former reservations in Okla-
homa, as defined by the Secretary, and was held in trust by the
Federal Government for an Indian tribe when the Government ac-
quired it; or
(B) is contiguous to real property presently held in trust by the
Government for an Oklahoma Indian tribe and was held in trust
by the Government for an Indian tribe at any time.
§ 524. Duties of executive agencies
(a) REQUIRED.—Each executive agency shall—
(1) maintain adequate inventory controls and accountability systems
for property under its control;
(2) continuously survey property under its control to identify excess
property;
(3) promptly report excess property to the Administrator of General
Services;
(4) perform the care and handling of excess property; and
(5) transfer or dispose of excess property as promptly as possible in
accordance with authority delegated and regulations prescribed by the
Administrator.
(b) REQUIRED AS FAR AS PRACTICABLE.—Each executive agency, as far
as practicable, shall—
(1) reassign property to another activity within the agency when the
property is no longer required for the purposes of the appropriation
used to make the purchase;
(2) transfer excess property under its control to other federal agen-
cies and to organizations specified in section 321(c)(2) of this title; and
(3) obtain excess property from other federal agencies.
§ 525. Excess personal property for federal agency grantees
(a) GENERAL PROHIBITION.—A federal agency is prohibited from obtain-
ing excess personal property for the purpose of furnishing the property to
a grantee of the agency, except as provided in this section.
(b) EXCEPTION FOR PUBLIC AGENCIES AND TAX-EXEMPT NONPROFIT
ORGANIZATIONS.—
(1) IN GENERAL.—Under regulations the Administrator of General
Services may prescribe, a federal agency may obtain excess personal
property for the purpose of furnishing it to a public agency or an orga-
nization that is nonprofit and exempt from taxation under section 501
of the Internal Revenue Code of 1986 (26 U.S.C. 501), if—
(A) the agency or organization is conducting a federally spon-
sored project pursuant to a grant made for a specific purpose with
a specific termination provision;
(B) the property is to be furnished for use in connection with
the grant; and
(C)(i) the sponsoring federal agency pays an amount equal to
25 percent of the original acquisition cost (except for costs of care
and handling) of the excess property; and
(ii) the amount is deposited in the Treasury as miscellaneous re-
ceipts.
(2) TITLE.—Title to excess property obtained under this subsection
vests in the grantee. The grantee shall account for and dispose of the
property in accordance with procedures governing accountability for
personal property acquired under grant agreements.
(c) EXCEPTION FOR CERTAIN PROPERTY FURNISHED BY SECRETARY OF
AGRICULTURE.—
(1) DEFINITION.—In this subsection, the term ‘‘State’’ means a
State of the United States, Puerto Rico, Guam, American Samoa, the
Northern Mariana Islands, the Federated States of Micronesia, the
Marshall Islands, Palau, the Virgin Islands, and the District of Colum-
bia.
(2) IN GENERAL.—Under regulations and restrictions the Adminis-
trator may prescribe, subsection (a) does not apply to property fur-
nished by the Secretary of Agriculture to—
(A) a state or county extension service engaged in cooperative
agricultural extension work under the Smith-Lever Act (7 U.S.C.
341 et seq.);
(B) a state experiment station engaged in cooperative agricul-
tural research work under the Hatch Act of 1887 (7 U.S.C. 361a
et seq.); or
(C) an institution engaged in cooperative agricultural research
or extension work under section 1433, 1434, 1444, or 1445 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3195, 3196, 3221, or 3222), or the Act
of October 10, 1962 (16 U.S.C. 582a et seq.), if the Federal Gov-
ernment retains title.
(d) OTHER EXCEPTIONS.—Under regulations and restrictions the Admin-
istrator may prescribe, subsection (a) does not apply to—
(1) property furnished under section 608 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2358), to the extent that the Administrator
determines that the property is not needed for donation under section
549 of this title;
(2) scientific equipment furnished under section 11(e) of the Na-
tional Science Foundation Act of 1950 (42 U.S.C. 1870(e));
(3) property furnished under section 203 of the Department of Agri-
culture Organic Act of 1944 (16 U.S.C. 580a), in connection with the
Cooperative Forest Fire Control Program, if the Government retains
title; or
(4) property furnished in connection with a grant to a tribe, as de-
fined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C.
1452(c)).
§ 526. Temporary assignment of excess real property
(a) ASSIGNMENT OF SPACE.—The Administrator of General Services may
temporarily assign or reassign space in excess real property to a federal
agency, for use as office or storage space or for a related purpose, if the
Administrator determines that assignment or reassignment is more advan-
tageous than permanent transfer. The Administrator shall determine the
duration of the assignment or reassignment.
(b) REIMBURSEMENT FOR MAINTENANCE.—If there is no appropriation
available to the Administrator for the expense of maintaining the space, the
Administrator may obtain appropriate reimbursement from the federal
agency.
§ 527. Abandonment, destruction, or donation of property
The Administrator of General Services may authorize the abandonment
or destruction of property, or the donation of property to a public body, if—
(1) the property has no commercial value; or
(2) the estimated cost of continued care and handling exceeds the
estimated proceeds from sale.
§ 528. Utilization of excess furniture
A department or agency of the Federal Government may not use amounts
provided by law to purchase furniture if the Administrator of General Serv-
ices determines that requirements can reasonably be met by transferring ex-
cess furniture, including rehabilitated furniture, from other departments or
agencies pursuant to this subtitle.
§ 529. Annual executive agency reports on excess personal
property
(a) IN GENERAL.—During the calendar quarter following the close of
each fiscal year, each executive agency shall submit to the Administrator of
General Services a report on personal property—
(1) obtained as—
(A) excess property; or
(B) personal property determined to be no longer required for
the purpose of the appropriation used to make the purchase; and
(2) furnished within the United States to a recipient other than a
federal agency.
(b) REQUIRED INFORMATION.—The report must set out the categories of
equipment and show—
(1) the acquisition cost of the property;
(2) the recipient of the property; and
(3) other information the Administrator may require.
SUBCHAPTER III—DISPOSING OF PROPERTY
§ 541. Supervision and direction
Except as otherwise provided in this subchapter, the Administrator of
General Services shall supervise and direct the disposition of surplus prop-
erty in accordance with this subtitle.
§ 542. Care and handling
The disposal of surplus property, and the care and handling of the prop-
erty pending disposition, may be performed by the General Services Admin-
istration or, when the Administrator of General Services decides, by the ex-
ecutive agency in possession of the property or by any other executive agen-
cy that agrees.
§ 543. Method of disposition
An executive agency designated or authorized by the Administrator of
General Services to dispose of surplus property may do so by sale, exchange,
lease, permit, or transfer, for cash, credit, or other property, with or without
warranty, on terms and conditions that the Administrator considers proper.
The agency may execute documents to transfer title or other interest in the
property and may take other action it considers necessary or proper to dis-
pose of the property under this chapter.
§ 544. Validity of transfer instruments
A deed, bill of sale, lease, or other instrument executed by or on behalf
of an executive agency purporting to transfer title or other interest in sur-
plus property under this chapter is conclusive evidence of compliance with
the provisions of this chapter concerning title or other interest of a bona
fide grantee or transferee for value and without notice of lack of compliance.
§ 545. Procedure for disposal
(a) PUBLIC ADVERTISING FOR BIDS.—
(1) REQUIREMENT.—
(A) IN GENERAL.—Except as provided in subparagraph (B), the
Administrator of General Services may make or authorize a dis-
posal or a contract for disposal of surplus property only after pub-
lic advertising for bids, under regulations the Administrator pre-
scribes.
(B) EXCEPTIONS.—This subsection does not apply to disposal
or a contract for disposal of surplus property—
(i) under subsection (b) or (d); or
(ii) by abandonment, destruction, or donation or through a
contract broker.
(2) TIME, METHOD, AND TERMS.—The time, method, and terms and
conditions of advertisement must permit full and free competition con-
sistent with the value and nature of the property involved.
(3) PUBLIC DISCLOSURE.—Bids must be publicly disclosed at the
time and place stated in the advertisement.
(4) AWARDS.—An award shall be made with reasonable promptness
by notice to the responsible bidder whose bid, conforming to the invita-
tion for bids, is most advantageous to the Federal Government, price
and other factors considered. However, all bids may be rejected if it
is in the public interest to do so.
(b) NEGOTIATED DISPOSAL.—Under regulations the Administrator pre-
scribes, disposals and contracts for disposal may be negotiated without re-
gard to subsection (a), but subject to obtaining competition that is feasible
under the circumstances, if—
(1) necessary in the public interest—
(A) during the period of a national emergency declared by the
President or Congress, with respect to a particular lot of personal
property; or
(B) for a period not exceeding three months, with respect to a
specifically described category of personal property as determined
by the Administrator;
(2) the public health, safety, or national security will be promoted
by a particular disposal of personal property;
(3) public exigency will not allow delay incident to advertising certain
personal property;
(4) the nature and quantity of personal property involved are such
that disposal under subsection (a) would impact an industry to an ex-
tent that would adversely affect the national economy, and the esti-
mated fair market value of the property and other satisfactory terms
of disposal can be obtained by negotiation;
(5) the estimated fair market value of the property involved does not
exceed $15,000;
(6) after advertising under subsection (a), the bid prices for the
property, or part of the property, are not reasonable or have not been
independently arrived at in open competition;
(7) with respect to real property, the character or condition of the
property or unusual circumstances make it impractical to advertise
publicly for competitive bids and the fair market value of the property
and other satisfactory terms of disposal can be obtained by negotiation;
(8) the disposal will be to a State, territory, or possession of the
United States, or to a political subdivision of, or a tax-supported agen-
cy in, a State, territory, or possession, and the estimated fair market
value of the property and other satisfactory terms of disposal are ob-
tained by negotiation; or
(9) otherwise authorized by law.
(c) DISPOSAL THROUGH CONTRACT BROKERS.—Disposals and contracts
for disposal of surplus real and related personal property through contract
realty brokers employed by the Administrator shall be made in the manner
followed in similar commercial transactions under regulations the Adminis-
trator prescribes. The regulations must require that brokers give wide public
notice of the availability of the property for disposal.
(d) NEGOTIATED SALE AT FIXED PRICE.—
(1) AUTHORIZATION.—The Administrator may make a negotiated
sale of personal property at a fixed price, either directly or through the
use of a disposal contractor, without regard to subsection (a). However,
the sale must be publicized to an extent consistent with the value and
nature of the property involved and the price established must reflect
the estimated fair market value of the property. Sales under this sub-
section are limited to categories of personal property for which the Ad-
ministrator determines that disposal under this subsection best serves
the interests of the Government.
(2) FIRST OFFER.—Under regulations and restrictions the Adminis-
trator prescribes, an opportunity to purchase property at a fixed price
under this subsection may be offered first to an entity specified in sub-
section (b)(8) that has expressed an interest in the property.
(e) EXPLANATORY STATEMENTS FOR NEGOTIATED DISPOSALS.—
(1) REQUIREMENT.—
(A) IN GENERAL.—Except as provided in subparagraph (B), an
explanatory statement of the circumstances shall be prepared for
each disposal by negotiation of—
(i) personal property that has an estimated fair market
value in excess of $15,000;
(ii) real property that has an estimated fair market value
in excess of $100,000, except that real property disposed of
by lease or exchange is subject only to clauses (iii)–(v) of this
subparagraph;
(iii) real property disposed of by lease for a term of not
more than 5 years, if the estimated fair annual rent is more
than $100,000 for any year;
(iv) 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 more than $100,000; or
(v) real property or real and related personal property dis-
posed of by exchange, regardless of value, or any property for
which any part of the consideration is real property.
(B) EXCEPTION.—An explanatory statement is not required for
a disposal of personal property under subsection (d), or for a dis-
posal of real or personal property authorized by any other law to
be made without advertising.
(2) TRANSMITTAL TO CONGRESS.—The explanatory statement shall
be transmitted to the appropriate committees of Congress in advance
of the disposal, and a copy of the statement shall be preserved in the
files of the executive agency making the disposal.
(3) LISTING IN REPORT.—A report of the Administrator under sec-
tion 126 of this title must include a listing and description of any nego-
tiated disposals of surplus property having an estimated fair market
value of more than $15,000, in the case of real property, or $5,000,
in the case of any other property, other than disposals for which an
explanatory statement has been transmitted under this subsection.
(f) APPLICABILITY OF OTHER LAW.—Section 3709 of the Revised Stat-
utes (41 U.S.C. 5) does not apply to a disposal or contract for disposal
made under this section.
§ 546. Contractor inventories
Subject to regulations of the Administrator of General Services, an execu-
tive agency may authorize a contractor or subcontractor with the agency to
retain or dispose of contractor inventory.
§ 547. Agricultural commodities, foods, and cotton or woolen
goods
(a) POLICIES.—The Administrator of General Services shall consult with
the Secretary of Agriculture to formulate policies for the disposal of surplus
agricultural commodities, surplus foods processed from agricultural com-
modities, and surplus cotton or woolen goods. The policies shall be formu-
lated to prevent surplus agricultural commodities, or surplus foods proc-
essed from agricultural commodities, from being dumped on the market in
a disorderly manner and disrupting the market prices for agricultural com-
modities.
(b) TRANSFERS TO DEPARTMENT OF AGRICULTURE.—
(1) IN GENERAL.—The Administrator shall transfer without charge
to the Department of Agriculture any surplus agricultural commodities,
foods, and cotton or woolen goods for disposal, when the Secretary de-
termines that a transfer is necessary for the Secretary to carry out re-
sponsibilities for price support or stabilization.
(2) DEPOSIT OF RECEIPTS.—Receipts resulting from disposal by the
Department under this subsection shall be deposited pursuant to any
authority available to the Secretary. When applicable, however, net pro-
ceeds from the sale of surplus property transferred under this sub-
section shall be credited pursuant to section 572(a) of this title.
(3) LIMITATION OF SALES.—Surplus farm commodities transferred
under this subsection may not be sold, other than for export, in quan-
tities exceeding, or at prices less than, the applicable quantities and
prices for sales of those commodities by the Commodity Credit Cor-
poration.
§ 548. Surplus vessels
The Maritime Administration shall dispose of surplus vessels of 1,500
gross tons or more which the Administration determines to be merchant ves-
sels or capable of conversion to merchant use. The vessels shall be disposed
of in accordance with the Merchant Marine Act, 1936 (46 App. U.S.C. 1101
et seq.), and other laws authorizing the sale of such vessels.
§ 549. Donation of personal property through state agencies
(a) DEFINITIONS.—In this section, the following definitions apply:
(1) PUBLIC AGENCY.—The term ‘‘public agency’’ means—
(A) a State;
(B) a political subdivision of a State (including a unit of local
government or economic development district);
(C) a department, agency, or instrumentality of a State (includ-
ing instrumentalities created by compact or other agreement be-
tween States or political subdivisions); or
(D) an Indian tribe, band, group, pueblo, or community located
on a state reservation.
(2) STATE.—The term ‘‘State’’ means a State of the United States,
the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, and American Samoa.
(3) STATE AGENCY.—The term ‘‘state agency’’ means an agency des-
ignated under state law as the agency responsible for fair and equitable
distribution, through donation, of property transferred under this sec-
tion.
(b) AUTHORIZATION.—
(1) IN GENERAL.—The Administrator of General Services, in the Ad-
ministrator’s discretion and under regulations the Administrator may
prescribe, may transfer property described in paragraph (2) to a state
agency.
(2) PROPERTY.—
(A) IN GENERAL.—Property referred to in paragraph (1) is any
personal property that—
(i) is under the control of an executive agency; and
(ii) has been determined to be surplus property.
(B) SPECIAL RULE.—In determining whether the property is to
be transferred for donation under this section, no distinction may
be made between property capitalized in a working-capital fund es-
tablished under section 2208 of title 10 (or similar fund) and any
other property.
(3) NO COST.—Transfer of property under this section is without
cost, except for any costs of care and handling.
(c) ALLOCATION AND TRANSFER OF PROPERTY.—
(1) IN GENERAL.—The Administrator shall allocate and transfer
property under this section in accordance with criteria that are based
on need and use and that are established after consultation with state
agencies to the extent feasible. The Administrator shall give fair con-
sideration, 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
account 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
Community 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
(C) CERTIFICATION.—The chief executive officer of the State
shall certify and submit the state plan of operation to the Admin-
istrator.
(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
reviews, equitable distribution and property disposal, deter-
mination of eligibility, and assistance through consultation
with advisory 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 pub-
lic agencies and other eligible institutions in the State and their
abilities 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
control and accounting systems of the same type as systems re-
quired by state law for state-owned property. However, with ap-
proval from the chief executive officer of the State, the state agen-
cy may elect to use other management control and accounting sys-
tems that are effective to govern the use, inventory control, ac-
countability, 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 prop-
erty 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 operation. 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
RESTRIC-
TIONS.—
(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 do-
nated under subsection (c); and
(II) shall impose reasonable terms, conditions, reserva-
tions, and restrictions on the use of a passenger motor
vehicle and any item of property having a unit acquisi-
tion 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
conditions 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
within 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 Adminis-
trator, from the proceeds of sale of property described in sub-
section (b), may reimburse the state agency for expenses that
the Administrator considers appropriate for care and han-
dling 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 sur-
plus 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 Adminis-
trator, 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
PROPERTY 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
pursuant to section 549 of this title, the official specified in paragraph
(2) shall determine and enforce compliance with the terms, conditions,
reservations, and restrictions contained in an instrument by which a
transfer under this section is made. The official shall reform, correct,
or amend the instrument if necessary to correct the instrument or to
conform the transfer to the requirements of law. The official shall
grant a release from any term, condition, reservation or restriction con-
tained in the instrument, and shall convey, quitclaim, or release to the
transferee (or other eligible user) any right or interest reserved to the
Federal Government by the instrument, if the official 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 accom-
plishment 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
property 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
Government from the use of the property by the State, political subdivi-
sion 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-sup-
ported medical institution, or a hospital or similar institution not oper-
ated 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
Services 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 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
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 Admin-
istrator 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 re-
ceiving 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 refurbished
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 organiza-
tions 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 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 sub-
division 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 prop-
erty, except that the Secretary of Housing and Urban Develop-
ment may discount by a greater percentage if the Secretary, in
consultation with the Administrator, determines that a higher per-
centage is justified.
(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
Executive 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 Of-
ficer, for national service activities, may sell, lease, or donate property
assigned to the Chief Executive Officer under paragraph (1) to an enti-
ty 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 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
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 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
determines is suitable and desirable for use as a historic monu-
ment 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 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 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,
rehabilitation, 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, re-
habilitation, restoration, and maintenance only for public historic
preservation, 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
property 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 main-
tained for historical monument purposes in perpetuity, and that if
the property ceases to be used or maintained for historical monu-
ment 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, restrictions, and
conditions the Administrator determines are necessary to safe-
guard 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 PROPERTYAdministrator of General Services
may take possession of abandoned or unclaimed property on premises owned
or leased by the Federal Government and determine when title to the prop-
erty vests in the Government. The Administrator may use, transfer, or oth-
erwise 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 prop-
erty less costs incident to care and handling as determined by the Ad-
ministrator; 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 Adminis-
trator.
§ 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 Gen-
eral Services, in the Administrator’s discretion and under regulations that
the Administrator may prescribe, may transfer or convey to a State, or po-
litical subdivision or instrumentality of a State, surplus real and related per-
sonal 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 de-
termines is required by the transferee or grantee for emergency man-
agement 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 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 op-
tion 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
PROPERTY 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 in-
strument if necessary to correct the instrument or to conform the transfer
to the requirements 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 Government by the instrument,
if the Administrator determines that the property no longer serves the pur-
pose for which it was transferred or that a release, conveyance, or quitclaim
deed will not prevent accomplishment of that purpose. The release, convey-
ance, 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 facil-
ity
(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 Fed-
erated 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 Admin-
istrator, 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
assign to the Secretary of Transportation for disposal surplus real property,
including buildings, fixtures, and equipment situated on the property, that
the Secretary of Transportation recommends as needed for the development
or operation 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 con-
veyance 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
economic disruption;
(B) received and, after consultation with the Secretary of Com-
merce, approved an economic development plan submitted by an
eligible grantee and based on assured use of the property to be
conveyed 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 por-
tion 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 condi-
tions that the Secretary of Transportation shall by regulation require
to ensure use of the property for the purposes for which it was con-
veyed and to safeguard the interests of the Government.
(f) ENFORCEMENT
AND REVISION
OF INSTRUMENTS TRANSFERRING
PROPERTY UNDER THIS SECTION.—The Secretary of Transportation shall
determine and enforce compliance with the terms, conditions, reservations,
and restrictions contained in an instrument by which a transfer or convey-
ance 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 instru-
ment, and shall convey, quitclaim, or release to the grantee any right or in-
terest reserved to the Government by the instrument, if the Secretary deter-
mines that the property no longer serves the purpose for which it was trans-
ferred or that a release, conveyance, or quitclaim deed will not prevent ac-
complishment 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 advance 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 han-
dling canines in the performance of those duties.
§ 556. Disposal of dredge vessels
(a) IN GENERAL.—The Administrator of General Services, pursuant to
sections 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.
(b) RECIPIENTS
AND
PURPOSES.—Disposal under this section is
accomplished—
(1) through sale or lease to—
(A) a foreign government as part of a Corps of Engineers tech-
nical assistance program;
(B) a federal or state maritime academy for training purposes;
or
(C) a non-federal public body for scientific, educational, or cul-
tural purposes; or
(2) through sale solely for scrap to foreign or domestic interests.
(c) NO DREDGING ACTIVITIES.—A vessel described in subsection (a) shall
not be disposed of under any law for the purpose of engaging in dredging
activities within the United States.
(d) DEPOSIT OF AMOUNTS COLLECTED.—Amounts collected from the
sale or lease of a vessel or equipment under this section shall be deposited
into the revolving fund authorized by section 101 (9th par.) of the Civil
Functions Appropriation Act, 1954 (33 U.S.C. 576), to be available, as pro-
vided in appropriation laws, for the operation and maintenance of vessels
under the control of the Corps of Engineers.
§ 557. Donation of books to Free Public Library
Subject to regulations under this subtitle, a book that is no longer needed
by an executive department, bureau, or commission of the Federal Govern-
ment, and that is not an advisable addition to the Library of Congress, shall
be turned over to the Free Public Library of the District of Columbia for
general use if the book is appropriate for the Free Public Library.
§ 558. Donation of forfeited vessels
(a) IN GENERAL.—A vessel that is forfeited to the Federal Government
may be donated, in accordance with procedures under this subtitle, to an
eligible institution described in subsection (b).
(b) ELIGIBLE INSTITUTION.—An eligible institution referred to in sub-
section (a) is an educational institution with a commercial fishing vessel
safety program or other vessel safety, education and training program. The
institution must certify to the federal officer making the donation that the
program includes, at a minimum, all of the following courses in vessel safe-
ty:
(1) Vessel stability.
(2) Firefighting.
(3) Shipboard first aid.
(4) Marine safety and survival.
(5) Seamanship rules of the road.
(c) TERMS AND CONDITIONS.—The donation of a vessel under this sec-
tion shall be made on terms and conditions considered appropriate by the
federal officer making the donation. All of the following terms and condi-
tions are required:
(1) NO WARRANTY.—The institution must accept the vessel as is,
where it is, and without warranty of any kind and without any rep-
resentation as to its condition or suitability for use.
(2) MAINTENANCE.—The institution is responsible for maintaining
the vessel.
(3) INSTRUCTION ONLY.—The vessel may be used only for instruct-
ing students in a vessel safety education and training program.
(4) DOCUMENTATION.—If the vessel is eligible to be documented, it
must be documented by the institution as a vessel of the United States
under chapter 121 of title 46. The requirements of paragraph (5) must
be noted on the permanent record of the vessel.
(5) DISPOSAL.—The institution must obtain prior approval from the
Administrator of General Services before disposing of the vessel and
any proceeds from disposal shall be payable to the Government.
(6) INSPECTION OR REGULATION.—The vessel shall be inspected or
regulated in the same manner as a nautical school vessel under chapter
33 of title 46.
(d) GOVERNMENT LIABILITY.—The Government is not liable in an action
arising out of the transfer or use of a vessel transferred under this section.
§ 559. Advice of Attorney General with respect to antitrust
law
(a) DEFINITION.—In this section, the term ‘‘antitrust law’’ includes—
(1) the Sherman Act (15 U.S.C. 1 et seq.);
(2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52, 53);
(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and
(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9).
(b) ADVICE REQUIRED.—
(1) IN GENERAL.—An executive agency shall not dispose of property
to a private interest until the agency has received the advice of the At-
torney General on whether the disposal to a private interest would tend
to create or maintain a situation inconsistent with antitrust law.
(2) EXCEPTION.—This section does not apply to disposal of—
(A) real property, if the estimated fair market value is less than
$3,000,000; or
(B) personal property (other than a patent, process, technique,
or invention), if the estimated fair market value is less than
$3,000,000.
(c) NOTICE TO ATTORNEY GENERAL.—
(1) IN GENERAL.—An executive agency that contemplates disposing
of property to a private interest shall promptly transmit notice of the
proposed disposal, including probable terms and conditions, to the At-
torney General.
(2) COPY.—Except for the General Services Administration, an exec-
utive agency that transmits notice under paragraph (1) shall simulta-
neously transmit a copy of the notice to the Administrator of General
Services.
(d) ADVICE FROM ATTORNEY GENERAL.—Within a reasonable time, not
later than 60 days, after receipt of notice under subsection (c), the Attorney
General shall advise the Administrator and any interested executive agency
whether, so far as the Attorney General can determine, the proposed dis-
position would tend to create or maintain a situation inconsistent with anti-
trust law.
(e) REQUEST FOR INFORMATION.—On request from the Attorney Gen-
eral, the head of an executive agency shall furnish information the agency