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Housing) and implementing regulations; Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to d-4) (Nondiscrimination in Federally-Assisted Programs) and implementing regulations; the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101–6107) and implementing regulations; and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations. The applicant must state that it will not discriminate on the basis of race, color, national origin, religion, sex, age, familial status, or disability in the use of the property, and will maintain the required records to demonstrate compliance with Federal laws.
(6) Insurance. The applicant must certify that it will insure the property against loss, damage, or destruction in accordance with the requirements of 45 CFR 8 12.9.
(7) Historic preservation. Where applicable, the applicant must provide information that will enable HHS to comply with Federal historic preservation requirements.
(8) Environmental information. The applicant must provide sufficient information to allow HHS to analyze the potential impact of the applicant's proposal on the environment, in accordance with the instructions provided with the application packet. HHS will assist applicants in obtaining any pertinent environmental information in the possession of HUD, GSA, or the landholding agency.
(9) Local government notification. The applicant must indicate that it has informed, in writing, the applicable unit of general local government responsible for providing sewer, water, police. and fire services of its proposed program.
(10) Zoning and local use restrictions. The applicant must indicate that it will comply with all local use restrictions, including local building code requirements. Any applicant applying for a lease or permit for a particular property is not required to comply with local zoning requirements. Any applicant applying for a deed of a particular property, pursuant to 102–75.1200(b)(3),
must comply with local zoning requirements, as specified in 45 CFR part 12.
(c) Scope of evaluations. Due to the short time frame imposed for evaluating applications, HHS' evaluation will, generally, be limited to the information contained in the application.
(d) Deadline. Completed applications must be received by DHFP, at the above address, within 90 days after an expression of interest is received from a particular applicant for that property. Upon written request from the applicant, HHS may grant extensions, provided that the appropriate landholding agency concurs with the extension. Because each applicant will have a different deadline based on the date the applicant submitted an expression of interest, applicants should contact the individual landholding agency to confirm that a particular property remains available prior to submitting an application.
(e) Evaluations. (1) Upon receipt of an application, HHS will review it for completeness and, if incomplete, may return it or ask the applicant to furnish any missing or additional required information prior to final evaluation of the application.
(2) HHS will evaluate each completed application within 25 days of receipt and will promptly advise the applicant of its decision. Applications are evaluated on a first-come, first-serve basis. HHS will notify all organizations that have submitted expressions of interest for a particular property regarding whether the first application received for that property has been approved or disapproved. All applications will be reviewed on the basis of the following elements, which are listed in descending order of priority, except that paragraphs (e)(2)(iv) and (e)(2)(v) of this section are of equal importance:
(i) Services offered. The extent and range of proposed services, such as meals, shelter, job training, and counseling.
(ii) Need. The demand for the program and the degree to which the available property will be fully utilized.
(iii) Implementation time. The amount of time necessary for the proposed program to become operational.
(iv) Experience. Demonstrated prior the agency that initially reported the success in operating similar programs property as excess. and recommendations attesting to that (2) Prior to assignment to HHS, GSA fact by Federal, State, and local au may consider other Federal uses and thorities.
other important national needs; how(v) Financial ability. The adequacy of
ever, in deciding the disposition of surfunding that will likely be available to plus real property, GSA will generally run the program fully and properly and give priority of consideration to uses to operate the facility.
to assist the homeless. GSA may con(3) Additional evaluation factors may
sider any competing request for the be added as deemed necessary by HHS.
property made under 40 U.S.C. 550 (eduIf additional factors are added, the ap
cation, health, public park or recreplication packet will be revised to in
ation, and historic monument uses) clude a description of these additional
that is so meritorious and compelling factors.
that it outweighs the needs of the (4) If HHS receives one or more com
homeless, and HHS may likewise conpeting applications for a property with
sider any competing request made in 5 days of the first application, HHS
under 40 U.S.C. 550(c) or (d) (education will evaluate all completed applica
and health uses). tions simultaneously. HHS will rank
(3) Whenever GSA or HHS decides in approved applications based on the ele
favor of a competing request over a rements listed in § 102–75.1200(e)(2) and
quest for property for homeless assistnotify the landholding agency, or GSA,
ance use as provided in paragraph (b)(2) as appropriate, of the relative ranks.
of this section, the agency making the ACTION ON APPROVED APPLICATIONS
decision will transmit to the appro
priate committees of the Congress an $ 102–75.1205 What action must be explanatory statement that details the
taken on approved applications? need satisfied by conveyance of the (a) Unutilized and underutilized prop
surplus property, and the reasons for erties. (1) When HHS approves an appli
determining that such need was so cation, it will so notify the applicant
meritorious and compelling as to outand forward a copy of the application
weigh the needs of the homeless. to the landholding agency. The land
(4) Deeds. Surplus property may be holding agency will execute the lease,
conveyed to representatives of the or permit document, as appropriate, in
homeless pursuant to 40 U.S.C. 550, and consultation with the applicant.
section 501(f) of the McKinney-Vento (2) The landholding agency maintains
Homeless Assistance Act, as amended, the discretion to decide the following:
42 U.S.C. 11411. Representatives of the (i) The length of time the property
homeless must complete the applicawill be available. (Leases and permits
tion packet pursuant to the requirewill be for a period of at least one year,
ments of $ 102–75.1200 and in accordance unless the applicant requests a shorter
with the requirements of 45 CFR part term.)
(ii) Whether to grant use of the prop (c) Completion of lease term and revererty pursuant to a lease or permit.
sion of title. Lessees and grantees will (iii) The terms and conditions of the be responsible for the protection and lease or permit document.
maintenance of the property during the (b) Excess and surplus properties. (1) time that they possess the property. When HHS approves an application, it Upon termination of the lease term or will so notify the applicant and request reversion of title to the Federal Govthat GSA assign the property to HHS ernment, the lessee or grantee will be for leasing. Upon receipt of the assign responsible for removing any improvement, HHS will execute a lease in ac ments made to the property and will be cordance with the procedures and re responsible for restoration of the propquirements set out in 45 CFR part 12. erty. If such improvements are not reIn accordance with $ 102–75.965, custody moved, they will become the property and accountability of the property will of the Federal Government. GSA or the remain throughout the lease term with landholding agency, as appropriate,
will assume responsibility for protection and maintenance of a property when the lease terminates or title reverts.
Subpart 1-Screening of Federal
Real Property $ 102–75.1220 How do landholding
agencies find out if excess Federal real property is available? If agencies report excess real and related personal property to GSA, GSA conducts a “Federal screening” for the property. Federal screening consists of developing a “Notice of Availability" and circulating the “Notice” among all Federal landholding agencies for a maximum of 30 days.
$ 102–75.1210 What action must be
taken on properties determined unsuitable for homeless assistance? The landholding agency will defer, for 20 days after the date that notice of a property is published in the FEDERAL REGISTER, action to dispose of properties determined unsuitable for homeless assistance. HUD will inform landholding agencies or GSA, if a representative of the homeless files an appeal of unsuitability pursuant to $ 102– 75.1175(f)(4). HUD will advise the agency that it should refrain from initiating disposal procedures until HUD has completed its reconsideration process regarding unsuitability. Thereafter, or if no appeal has been filed after 20 days, GSA or the appropriate landholding agency may proceed with disposal action in accordance with applicable law.
$ 102–75.1225 What details are pro
vided in the “Notice of Availability”? The “Notice of Availability” describes the physical characteristics of the property; it also provides information on location, hazards or restrictions, contact information, and a date by which an interested Federal agency must respond in writing to indicate a definite or potential need for the property. $ 102–75.1230 How long does an agency
have to indicate its interest in the
property? Generally, agencies have 30 days to express written interest in the property. However, sometimes GSA has cause to conduct an expedited screening of the real property and the time allotted for responding is less than 30 days. The Notice of Availability always contains a “respond by” date.
(a) At the end of the 60-day holding period described in g 102–75.1200(a), HHS will notify GSA, or the landholding agency, as appropriate, if an expression of interest has been received for a particular property. Where there is no expression of interest, GSA or the landholding agency, as appropriate, will proceed with disposal in accordance with applicable law.
(b) Upon advice from HHS that all applications have been disapproved, or if no completed applications or requests for extensions have been received by HHS within 90 days from the date of the last expression of interest, disposal may proceed in accordance with applicable law.
$102–75.1235 Where should an agency
send its written response to the
“Notice of Availability"? Look for the contact information provided in the Notice of Availability. Most likely, an agency will be directed to contact one of GSA's regional offices.
$ 102–75.1240 Who, from the interested
landholding agency, should submit the written response to GSA's “No
tice of Availability”? An authorized official of the landholding agency must sign the written response to the Notice of Availability. An "authorized official” is one who is responsible for acquisition and/or disposal decisions (e.g., head of the agency or official designee).
8 102–75.1245 What happens after the
landholding agency properly re
sponds to a “Notice of Availability"? The landholding agency has 60 days (from the expiration date of the “Notice of Availability") to submit a formal transfer request for the property. Absent a formal request for transfer within the prescribed 60 days, GSA may, at its discretion, pursue other disposal options.
$ 102–75.1250 What if the agency is not
quite sure it wants the property and needs more time to decide? If the written response to the "No tice of Availability” indicates a poten-. tial need, then the agency has an additional 30 days (from the expiration date of the “Notice of Availability") to determine whether or not its has a definite requirement for the property, and then 60 days to submit a transfer re
will continue production according to the terms of the disposal documents; directed for disposal by law or special legislation);
(d) The property will be transferred to a "potentially responsible party" (PRP) that stored, released, or disposed of hazardous substances at the Government-owned facility;
(e) The property is an easement;
(f) The excess property is actually a leasehold interest where there are Government-owned improvements with substantial value and cannot be easily removed;
(g) Government-owned improvements on Government-owned land, where the land is neither excess nor expected to become excess; or
(h) Screening for public benefit uses, except for the McKinney-Vento homeless screening, for specific property disposal considerations (see § 102–75.351).
$ 102–75.1255 What happens when
more than one agency has a valid
interest in the property? GSA will attempt to facilitate an equitable solution between the agencies involved. However, the Administrator has final decision making authority in determining which requirement aligns with the Federal Government's best interests.
$ 102–75.1260 Does GSA conduct Fed
eral screening on every property re
ported as excess real property? No. GSA may waive the Federal screening for excess real property when it determines that doing so is in the best interest of the Federal Government.
Below is a sample list of some of the factors GSA may consider when making the decision to waive Federal screening. This list is a representative sample and is not all-inclusive:
(a) There is a known Federal need;
(b) The property is located within the boundaries of tribal lands;
(c) The property has known disposal limitations precluding further Federal use (e.g., title and/or utilization restrictions; reported excess specifically for participation in the Relocation Program; reported excess for transfer to the current operating contractor who
$102–75.1265 Are extensions granted
to the Federal screening and re
sponse timeframes? Generally, no. GSA believes the timeframes are sufficient for agencies to make a decision and respond. Requests for extensions must be strongly justified and approved by the appropriate GSA Regional Administrator. For example, agencies may request an extension of time to submit their formal transfer request if they are not promptly provided GSA's estimate of FMV after submission of the initial expression of interest. Agencies requesting extensions must also submit an agreement accepting responsibility for providing and funding protection and maintenance for the requested property during the period of the extension until the property is transferred to the requesting agency or the requesting agency notifies GSA that it is no longer interested in the property. This assumption of protection and maintenance responsibility also applies to extensions associated with a requesting agency's request for an exception from the 100 percent reimbursement requirement (see § 102–75.205).
$ 102–75.1270 How does an agency re
questa transfer of Federal real
property? Agencies must use GSA Form 1334, Request for Transfer of Excess Real and Related Personal Property.
$102–75.1290 What happens if the
landholding agency requesting the property does not promptly accept
custody and accountability? (a) The requesting agency must assume protection and maintenance responsibilities for the property within 30 days of the date of the letter assigning custody and accountability for the property.
(b) After notifying the requesting agency, GSA may, at its discretion, pursue other disposal options.
PART 102-76-DESIGN AND
Subpart A-General Provisions
Yes. GSA is required by law to obtain full fair market value (as determined by the Administrator) for all real property (see § 102–75.190), except when a transfer without reimbursement has been authorized (see § 102–75.205). GSA, upon receipt of a valid expression of interest, will promptly provide each interested landholding agency with an estimate of fair market value for the property. GSA may transfer property without reimbursement, if directed to do so by law or special legislation and for the following purposes:
(a) Migratory Bird Management under Pub. L. 80-537, as amended by Pub. L. 92-432.
(b) Wildlife Conservation under Pub. L. 80–537. (c) Federal Correctional facilities. (d) Joint Surveillance System.
Sec. 102–76.5 What is the scope of this part? 102–76.10 What basic design and construc
tion policy governs Federal agencies?
Subpart B-Design and Construction 102–76.15 What are design and construction
services? 102–76.20 What issues must Federal agencies
consider in providing site planning and
landscape design services? 102–76.25 What standards must Federal
agencies meet in providing architectural
and interior design services? 102–76.30 What seismic safety standards
must Federal agencies follow in the design and construction of Federal facilities?
NATIONAL ENVIRONMENTAL POLICY ACT OF
$102–75.1280 What happens if the
property has already been declared surplus and an agency discovers a need for it? GSA can redesignate surplus property as excess property, if the agency requests the property for use in direct support of its mission and GSA is satisfied that this transfer would be in the best interests of the Federal Government.
102–76.35 What is the purpose of the Na
tional Environmental Policy Act of 1969,
as amended (NEPA)? 102–76.40 To which real property actions
does NEPA apply? 102–76.45 What procedures must Federal
agencies follow to implement the requirements of NEPA?
SUSTAINABLE DEVELOPMENT 102–76.50 What is sustainable development? 102–76.55 What sustainable development
principles must Federal agencies apply to the siting, design, and construction of new facilities?
$ 102–75.1285 How does GSA transfer
excess real property to the request
ing agency? GSA transfers the property via letter assigning “custody and accountability” for the property to the requesting agency. Title to the property is held in the name of the United States; however, the requesting agency becomes the landholding agency and is responsible for providing and funding protection and maintenance for the property.
Subpart c-Architectural Barriers Act 102–76.60 To which facilities does the Archi
tectural Barriers Act Apply? 102–76.65 What standards must facilities
subject to the Architectural Barriers Act meet?