102-75.975 What happens if the property is not conveyed or disposed of during this time frame? 102-75.980 Who is responsible for protection and maintenance expenses if there is no written agreement or no Congressional appropriation to the disposal agency? ASSISTANCE IN DISPOSITION 102-75.985 Is the landholding agency required to assist the disposal agency in the disposition process? Subpart E-Abandonment, Destruction, or Donation to Public Bodies 102-75.990 May Federal agencies abandon, destroy, or donate to public bodies real property? DANGEROUS PROPERTY 102-75.995 May Federal agencies dispose of dangerous property? DETERMINATIONS 102-75.1000 How is the decision made to abandon, destroy, or donate property? 102-75.1005 Who can make the determination within the Federal agency on whether a property can be abandoned, destroyed, or donated? 102-75.1010 When is a reviewing authority required to approve the determination concerning a property that is to be abandoned, destroyed, or donated? RESTRICTIONS 102-75.1015 Are there any restrictions on Federal agencies concerning property donations to public bodies? DISPOSAL COSTS 102-75.1020 Are public bodies ever required to pay the disposal costs associated with donated property? ABANDONMENT AND DESTRUCTION 102-75.1025 When can a Federal agency abandon or destroy improvements on land or related personal property in lieu of donating it to a public body? 102-75.1030 May Federal agencies abandon or destroy property in any manner they decide? 102-75.1035 Are there any restrictions on Federal agencies concerning the abandonment or destruction of improvements on land or related personal property? 102-75.1040 May Federal agencies abandon or destroy improvements on land or related personal property before public notice is given of such proposed abandonment or destruction? 102-75.1045 Are there exceptions to the policy that requires public notice be given before Federal agencies abandon or destroy improvements on land or related personal property? 102-75.1050 Is there any property for which this subpart does not apply? Subpart F-Delegations DELEGATION TO THE DEPARTMENT OF DEFENSE (DoD) 102-75.1055 What is the policy governing delegations of real property disposal authority to the Secretary of Defense? 102-75.1060 What must the Secretary of Defense do before determining that DoDcontrolled excess real property and related personal property is not required for the needs of any Federal agency and prior to disposal? 102-75.1065 When using a delegation of real property disposal authority under this subpart, is DoD required to report excess property to GSA? 102-75.1070 Can this delegation of authority to the Secretary of Defense be redelegated? DELEGATION TO THE DEPARTMENT OF 102-75.1075 What is the policy governing del- 102-75.1090 Can this delegation of authority to the Secretary of Agriculture be redelegated? DELEGATION TO THE DEPARTMENT OF THE 102-75.1095 What is the policy governing delegations of authority to the Secretary of the Interior? 102-75.1100 Can this delegation of authority to the Secretary of the Interior be redelegated? 102-75.1105 What other responsibilities does the Secretary of the Interior have under this delegation of authority? NATIVE AMERICAN-RELATED DELEGATIONS 102-75.1110 What is the policy governing del egations of authority to the Secretary of the Interior, the Secretary of Health and Human Services, and the Secretary of Education for property used in the administration of any Native American-related functions? 102-75.1115 Are there any limitations or restrictions on this delegation of authority? 102-75.1120 Does the property have to be Federally screened? 102-75.1125 Can the transfer/retransfer under this delegation be at no cost or without consideration? 102-75.1130 What action must the Secretary requesting the transfer take where funds were not programmed and appropriated for acquisition of the property? 102-75.1135 May this delegation of authority to the Secretary of the Interior, the Secretary of Health and Human Services, and the Secretary of Education be redelegated? Subpart G-Conditional Gifts of Real Property to Further the Defense Effort 102-75.1140 What is the policy governing the acceptance or rejection of a conditional gift of real property for a particular defense purpose? 102-75.1145 What action must the Federal agency receiving an offer of a conditional gift take? 102-75.1150 What happens to the gift if GSA determines it to be acceptable? 102-75.1155 May an acceptable gift of property be converted to money? Subpart H-Use of Federal Real Property to Assist the Homeless DEFINITIONS 102-75.1160 What definitions apply to this subpart? APPLICABILITY 102-75.1165 What is the applicability of this subpart? COLLECTING THE INFORMATION 102-75.1170 How will information be collected? SUITABILITY DETERMINATION 102-75.1175 Who issues the suitability determination? REAL PROPERTY REPORTED EXCESS TO GSA 102-75.1180 For the purposes of this subpart, what is the policy concerning real property reported excess to GSA? SUITABILITY CRITERIA 102-75.1185 What are suitability criteria? DETERMINATION OF AVAILABILITY 102-75.1190 What is the policy concerning determination of availability state ments? PUBLIC NOTICE OF DETERMINATION 102-75.1195 What is the policy concerning making public the notice of determination? APPLICATION PROCESS 102-75.1200 How may representatives of the homeless apply for the use of properties to assist the homeless? ACTION ON APPROVED APPLICATIONS 102-75.1205 What action must be taken on approved applications? UNSUITABLE PROPERTIES 102-75.1210 What action must be taken on properties determined unsuitable for homeless assistance? NO APPLICATIONS APPROVED 102-75.1215 What action must be taken if there is no expression of interest? Subpart I-Screening Excess Federal Real Property 102-75.1220 How do landholding agencies find out if excess Federal real property is available? 102-75.1225 What details are provided in the "Notice of Availability"? 102-75.1230 How long does an agency have to indicate its interest in the property? 102-75.1235 Where should an agency send its written response to the "Notice of Availability"? 102-75.1240 Who, from the interested landholding agency, should submit the written response to GSA's "Notice of Availability"? 102-75.1245 What happens after the land holding agency properly responds to a "Notice of Availability"? 102-75.1250 What if the agency is not quite sure it wants the property and needs more time to decide? 102-75.1255 What happens when more than one agency has a valid interest in the property? 102-75.1260 Does GSA conduct Federal screening on every property reported as excess real property? 102-75.1265 Are extensions granted to the Federal screening and response timeframes? 102-75.1270 How does an agency request a transfer of Federal real property? 102-75.1275 Does a requesting agency have to pay for excess real property? 102-75.1280 What happens if the property has already been declared surplus and an agency discovers a need for it? 102-75.1285 How does GSA transfer excess real property to the requesting agency? 102-75.1290 What happens if the landholding agency requesting the property does not promptly accept custody and accountability? AUTHORITY: 40 U.S.C. 121(c), 521-523, 541-559; E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp., p. 340. SOURCE: 70 FR 67811, Nov. 8, 2005, unless otherwise noted. Subpart A-General Provisions §102-75.5 What is the scope of this part? The real property policies contained in this part apply to Federal agencies, including GSA's Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services. Federal agencies with authority to dispose of real property under Subchapter III of Chapter 5 of Title 40 of the United States Code will be referred to as "disposal agencies" in this part. Except in rare instances where GSA delegates disposal authority to a Federal agency, the "disposal agency" as used in this part refers to GSA. §102-75.10 What basic real property disposal policy governs disposal agencies? Disposal agencies must provide, in a timely, efficient, and cost effective manner, the full range of real estate services necessary to support their real property utilization and disposal needs. Landholding agencies must survey the real property under their custody or control to identify property that is not utilized, underutilized, or not being put to optimum use. Disposal agencies must have adequate procedures in place to promote the effective utilization and disposal of such real property. REAL PROPERTY DISPOSAL SERVICES $102-75.15 What real property disposal services must agencies provide under a delegation of authority from GSA? Disposal agencies must provide real property disposal services for real property assets under their custody and control, such as the utilization of excess property, surveys, and the disposal of surplus property, which includes public benefit conveyances, negotiated sales, public sales, related disposal services, and appraisals. § 102-75.20 How can Federal agencies with independent disposal authority obtain related disposal services? Federal agencies with independent disposal authority are encouraged to obtain utilization, disposal, and related services from those agencies with expertise in real property disposal, such as GSA, as allowed by 31 U.S.C. 1535 (the Economy Act), so that they can remain focused on their core mission. Subpart B-Utilization of Excess § 102-75.25 What are landholding agencies' responsibilities concerning the utilization of excess property? Landholding agencies' responsibilities concerning the utilization of excess property are to (a) Achieve maximum use of their real property, in terms of economy and efficiency, to minimize expenditures for the purchase of real property; (b) Increase the identification and reporting of their excess real property; and (c) Fulfill its needs for real property, so far as practicable, by utilization of real property determined excess by other agencies, pursuant to the provision of this part, before it purchases non-Federal real property. § 102-75.30 What are disposal agencies' responsibilities concerning the utilization of excess property? Disposal agencies' responsibilities concerning the utilization of excess property are to (a) Provide for the transfer of excess real property among Federal agencies, to mixed-ownership Government corporations, and to the municipal government of the District of Columbia; and (b) Resolve conflicting requests for transferring real property that the involved agencies cannot resolve. 208-174 D-8 § 102-75.55 What does the term "Not being put to optimum use" mean? Not being put to optimum use means an entire property or portion thereof, with or without improvements, which (a) Even though used for current program purposes, the nature, value, or location of the property is such that it could be utilized for a different and significantly higher and better purpose; or (b) The costs of occupying are substantially higher than other suitable properties that could be made available through transfer, purchase, or lease with total net savings to the Government, after considering property values, costs of moving, occupancy, operational efficiency, environmental effects, regional planning, and employee morale. GUIDELINES § 102-75.60 What are landholding agenresponsibilities concerning cies' real property surveys? A landholding agency's responsibilities concerning real property utilization surveys are to— (a) Survey real property under its control (i.e., property reported on its financial statements) at least annually to identify property that is not utilized, underutilized, or not being put to optimum use. When other needs for the property are identified or recognized, the agency must determine whether continuation of the current use or another use would better serve the public interest, considering both the Federal agency's needs and the property's location. In conducting annual reviews of their property holdings, the GSA Customer Guide to Real Property Disposal can provide guidelines for Executive agencies to consider in identifying unneeded Federal real property; (b) Maintain its inventory of real property at the absolute minimum consistent with economical and efficient conduct of the affairs of the agency; and (c) Promptly report to GSA real property that it has determined to be excess. § 102-75.65 Why is it important for Executive agencies to notify the disposal agency of its real property needs? It is important that each Executive agency notify the disposal agency of its real property needs to determine whether the excess or surplus property of another agency is available that would meet its need and prevent the unnecessary purchase or lease of real property. § 102-75.70 Are there any exceptions to this notification policy? Yes, Executive agencies are not required to notify the disposal agency when an agency's proposed acquisition of real property is dictated by such factors as exact geographical location, topography, engineering, or similar characteristics that limit the possible use of other available property. For example, Executive agencies are not required to notify disposal agencies concerning the acquisition of real property for a dam site, reservoir area, or the construction of a generating plant or a substation, since specific lands are needed, which limit the possible use of other available property. Therefore, no useful purpose would be served by notifying the disposal agency. $102-75.75 What is the most important consideration in evaluating a proposed transfer of excess real property? In every case of a proposed transfer of excess real property, the most important consideration is the validity and appropriateness of the requirement upon which the proposal is based. Also, a proposed transfer must not establish a new program that has never been reflected in any previous budget submission or congressional action. Additionally, a proposed transfer must not substantially increase the level of an agency's existing programs beyond that which has been contemplated in the President's budget or by the Congress. (Note: See Subpart I-Screening of Excess Federal Real Property (§§ 10275.1220 through 102-75.1290) for information on screening and transfer requests.) $102-75.80 What are an Executive agency's responsibilities before requesting a transfer of excess real property? Before requesting a transfer of excess real property, an Executive agency must (a) Screen its own property holdings to determine whether the new requirement can be met through improved utilization of existing real property; however, the utilization must be for purposes that are consistent with the highest and best use of the property under consideration; (b) Review all real property under its accountability that has been permitted or outleased and terminate the permit or lease for any property, or portion thereof, suitable for the proposed need, if termination is not prohibited by the terms of the permit or lease; (c) Utilize property that is or can be made available under $102-75.80(a) or (b) for the proposed need in lieu of requesting a transfer of excess real property and reassign the property, when appropriate; (d) Confirm that the appraised fair market value of the excess real property proposed for transfer will not substantially exceed the probable purchase price of other real property that would be suitable for the intended purpose; (e) Limit the size and quantity of excess real property to be transferred to the actual requirements and separate, if possible, other portions of the excess installation for possible disposal to other agencies or to the public; and (f) Consider the design, layout, geographic location, age, state of repair, and expected maintenance costs of excess real property proposed for transfer; agencies must be able to demonstrate that the transfer will be more economical over a sustained period of time than the acquisition of a new facility specifically planned for the purpose. § 102-75.85 Can disposal agencies transfer excess real property to agencies for programs that appear to be scheduled for substantial curtailment or termination? Yes, but only on a temporary basis with the condition that the property will be released for further Federal utilization or disposal as surplus property at an agreed upon time when the transfer is arranged. § 102-75.90 How is excess real property needed for office, storage, and related purposes normally transferred to the requesting agency? GSA may temporarily assign or direct the use of such excess real property to the requesting agency. See § 102-75.240. |