ministrative Services Act of 1949, as amended (40 U.S.C. 471, et seq.).

(vi) Exercise control over the acquisition, utilization, and disposal of movable/relocatable structures including prefabricated buildings, commercial packaged accommodations, trailers, and other like items used as facility substitutes.

(vii) Request other Government agencies to act as real estate agent for NASA.

(viii) Issue certificates indicating the need for family housing and the employment status of individuals eligible for such housing.

(ix) Authorize other NASA officials to take specific implementing action with regard to any real property transaction included in the scope of authority delegated in this paragraph (a)(2) of this section.

(b) Officials receiving authority. (1) NASA Comptroller; and

(2) Director of Facilities.

(c) Redelegation. (1) The authority delegated in paragraph (a)(1) of this section may not be redelegated.

(2) The authority delegated in paragraph (a)(2) of this section may be redelegated with power of further redelegation.

(d) Reporting. The officials to whom authority is delegated in this § 1204.501 shall ensure that feedback is provided to the Administrator through official channels to keep him fully and currently informed of significant actions, problems, or other matters of substance related to the exercise of the authority delegated hereunder.

[40 FR 48121, Oct. 14, 1975]

§ 1204.502 Delegations of authority to the Corps of Engineers, U.S. Army, concerning NASA land acquisition activities.

(a) The Chief of Engineers, United States Army, or his designee, may, with respect to land acquired by the United States for the use of NASA at the Mississippi Test Facility and at the John F. Kennedy Space Center, NASA (Cocoa Beach, Florida), exercise all the authority of NASA under the Act of Congress approved August 14, 1962 (42 U.S.C. 2473(b)(14)) to reimburse certain moving expenses to the

extent determined by him to be fair and reasonable, the owners and tenants of land and interests in land in accordance with the provisions of Subpart 6, but in no event in excess of 25 per centum of the fair value of the parcel of land or interest in land to which the reimbursement is related.

(b) The fair value of land or an interest in land shall be determined on the basis of an appraisal made by or on behalf of the Government in accordance with established appraisal principles and procedures, except that the Chief of Engineers, United States Army, in extraordinary cases where he deems departures from the appraised value to be justified, may submit the question of fair value to the Administrator, NASA for his determination. [29 FR 4148, Mar. 31, 1964]

§ 1204.503 Determination and delegation of authority concerning the granting of easements.

(a) Determination. I hereby determine that an easement will not be adverse to the interests of the United States if and to the extent that the interest in real property conveyed thereunder is not required for a NASA program and the grantee's exercise of right under such easement will not interfere with NASA operations.

(b) Delegation of authority. The Deputy Associate Administrator for Programming and the Institutional Directors at NASA Headquarters, as defined in the publication, NASA Basic Administrative Processes (NPC 107), and the Directors of field installations with respect to real property under their supervision and management may, subject to the restrictions in paragraph (c) of this section, exercise all of the authority of the National Aeronautics and Space Administration under the Act of Congress approved October 23, 1962 (40 U.S.C. 319 to 319c), including the authority to authorize or grant on behalf of the United States, to a State or political subdivision or agency thereof or to any person applying therefor, such easements in, over, or upon real property of the United States controlled by NASA as will not be adverse to the interests of the United States.

(c) Restrictions. Except as otherwise specifically provided, no such easement shall be authorized or granted under the authority stated in paragraph (b) of this section unless:

(1) The NASA official authorizing or granting such easement determines that the interest in real property to be conveyed thereunder is not required for a NASA program and that the grantee's exercise of rights under such easement will not interfere with NASA operations; and

(2) Monetary or other benefit, including any interest in real property, is received by the Government as consideration for the granting of such easement; and

(3) The instrument granting such easement provides

(i) For the termination of the easement, in whole or in part, if there has been:

(a) A failure to comply with any term or condition of the grant; or

(b) A non-use of the easement for a consecutive two-year period for the purpose for which granted; or

(c) An abandonment of the easement; or

(d) A determination by a NASA official authorized to grant easements that the interests of the national space program, the national defense, or the public welfare require the termination of such easement; and a 30day notice, in writing, to the grantee that such determination has been made; and

(ii) That written notice of such termination shall be given to the grantee, or its successors or assigns, by a NASA official authorized to grant easements or his designee, and that termination shall be effective as of the date of such notice; and

(iii) For any other reservations, exceptions, limitations, benefits, burdens, terms, or conditions which either the authorizing or granting official or both deem necessary to protect the interests of the United States.

(d) Deviations. If, in connection with a proposed granting of an easement, the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters, or a Director of a field installation determines that a deviation

from the restrictions in paragraph (c) of this section is appropriate, he may request authority for such deviation from the Administrator, NASA.

(e) Services of the Corps of Engineers. In exercising the authority herein granted, the Deputy Associate Administrator for Programming and the Institutional Directors at NASA Headquarters and the Directors of field installations, pursuant to the applicable provisions of any cooperative agreement between NASA and the Corps of Engineers (in effect at that time) may:

(1) Utilize the services of the Corps of Engineers, U.S. Army, and

(2) Authorize the Corps of Engineers to execute, on behalf of NASA, grants of easements in real property, as provided for in paragraph H6 of the Corps of Engineers-NASA agreement contained in NASA Management Instruction 2-3-26.

[29 FR 17892, Dec. 17, 1964]

§ 1204.504 Determination and delegation of authority concerning the granting of leaseholds, permits and licenses in real property.

(a) Scope. This section delegates to the following NASA officials authority to grant such leaseholds, permits and licenses in real property as are determined in this section not to be adverse to the interests of the United States:

(1) Deputy Associate Administrator for Programming, NASA Headquarters;

(2) Institutional Directors (see paragraph (b)(3)); and

(3) Directors of NASA field installations.

(b) Definitions. For the purposes of this section the following definitions will apply:

(1) The term "real property" means land, buildings, other structures and improvements, appurtenances and fixtures located thereon.

(2) The term "interest in real property" means a leasehold, permit or li

cense.

(3) The term "Institutional Director" is the title applied to the Associate Administrator for Manned Space Flight, Associate Administrator for Space Science and Applications, Asso

ciate Administrator for Advanced Research and Technology and the Deputy Associate Administrator for Industry Affairs in their respective roles as the Headquarters manager of the field installations assigned to them.

(c) Determination. I hereby determine that grants of leaseholds, permits or licenses made in accordance with the provisions or this section will not be adverse to the interests of the United States.

(d) Delegation of authority. The Deputy Associate Administrator for Programming and the Institutional Directors at NASA Headquarters and the Directors of field installations with respect to real property under their supervision and management may, subject to the restrictions set forth in paragraph (e) of this section, grant interests in real property (as defined in paragraph (b)(3) of this section) to any person or organization, including other Government Agencies, a State or political subdivision or agency thereof: Provided, however, That this authority may not be exercised with respect to real property which is excess within the meaning of 40 U.S.C. 472(e).

(e) Restrictions. Except as otherwise specifically provided, no such interest in real property shall be granted under the authority stated in paragraph (d) of this section unless:

(1) The Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters or the Director of the field installation concerned determines:

(i) That the interest in real property to be granted is not required for a NASA program, and

(ii) That the grantee's exercise of rights under such interest will not interfere with NASA operations; and

(2) Fair value in money is received by NASA on behalf of the Government as consideration for the grant of such interest; and

(3) The instrument granting such interest provides:

(i) For a term not to exceed five years;

(ii) For the termination thereof, in whole or in part, and without cost to the Government if there has been:

(a) A failure to comply with any term or condition of the grant; or

(b) A determination by the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters or the Director of the field installation concerned that the interests of the national space program, the national defense, or the public welfare require the termination of the interest granted; and a 30-day notice, in writing, to the grantee that such determination has been made;

(iii) That written notice of such termination shall be given to the grantee (or its successors or assigns) by the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters, or the Director of the field installation concerned, and that termination shall be effective as of the date specified by such notice; and

(iv) For any other reservations, exceptions, limitations, benefits, burdens, terms or conditions which the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters or the Director of the field installation concerned deems necessary to protect the interest of the United States.

(f) Deviations. If, in connection with a proposed grant of an interest in real property, the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters or a Director of a field installation determines that a deviation from the restrictions set forth in paragraph (e) of this section is appropriate, he may submit a request therefor to the Associate Administrator, NASA Headquarters, who is hereby authorized to approve such deviations to the extent authorized by law.

(g) Services of the Corps of Engineers. In exercising the authority herein granted, the Deputy Associate Administrator for Programming and the Institutional Directors at NASA Headquarters and the Directors of field installations, pursuant to the applicable provisions of any cooperative

agreement between NASA and the Corps of Engineers (in effect at the time) may:

(1) Utilize the services of the Corps of Engineers, U.S. Army, and

(2) Delegate authority to the Corps of Engineers to execute, on behalf of NASA, any grants of interests in real property as authorized in this section, provided that the conditions set forth in paragraphs (e) and (f) of this section are complied with.

[29 FR 8142, June 26, 1964]

§ 1204.505 Delegation of authority to execute certificates of full faith and credit.

(a) Scope. This section designates NASA officials authorized to certify NASA documents to be submitted in evidence in Federal Courts.

(b) Delegation of authority. The following NASA Headquarters officials are delegated authority to execute certificates of full faith and credit (Office of the Administrator section of NASA Form 955) certifying the signatures and authority of employees of the National Aeronautics and Space Administration, whenever such certification is required to authenticate copies of official records for possible admission in evidence in judicial proceedings pursuant to 28 U.S.C. 1733 or any other statute:

(1) General Counsel;

(2) Deputy General Counsel;

(3) [Reserved];

(4) Assistant General Counsels.

[29 FR 6319, May 14, 1964, as amended at 39 FR 25229, July 9, 1974; 43 FR 34122, Aug. 3, 1978]

§ 1204.506 [Reserved]

§ 1204.507 Delegation of authority to the Corps of Engineers Board of Contract Appeals.

(a) Determination. The Corps of Engineers Board of Contract Appeals, Office of the Chief of Engineers, United States Army (hereinafter referred to as the Board), is authorized to act for and exercise the full authority of the Administrator of the National Aeronautics and Space Administration in all cases in which by the terms of a Corps of Engineers' lease of NASA real property the lessee may appeal to

the Administrator of NASA or his representative from the findings of fact and final decision of the contracting officer or his authorized representative.

(b) Delegation of authority. The Board shall have all powers necessary for the proper performance of its duties. This includes but is not limited to authority to conduct hearings, dismiss proceedings, order the production of documents and other evidence, take official notice of facts within general knowledge, and decide all questions of fact and law raised by the appeal. There shall be no administrative appeal from decisions of the Board.

(c) Counsel to represent the interests of the Government in proceedings before the Board shall be designated in accordance with current procedures of the Corps of Engineers as they may be amended from time to time.

[30 FR 3378, Mar. 13, 1965]

§ 1204.508 Delegation of authority of certain civil rights functions to Department of Health, Education, and Welfare.

(a) Pursuant to the authority of § 1250.111(c) of this chapter, the following responsibilities of the National Aeronautics and Space Administration and of the responsible NASA official under Title VI, Civil Rights Act of 1964 (78 Stat. 252) (42 U.S.C. 2000d), with respect to institutions of higher education were delegated by the Administrator, NASA, to the Secretary, Department of Health, Education, and Welfare, on March 15, 1966:

(1) Responsibilities with respect to compliance reports, including receiving and evaluation thereof under § 1250.105(b) of this chapter, and other actions under § 1250.105 of this chapter.

(2) All actions under § 1250.106 of this chapter, including periodic compliance reviews, receiving of complaints, investigations, determination of recipient's apparent failure comply, and resolution of matters by informal means.

to

(b) NASA specifically has reserved to itself the responsibilities for effectuation of compliance under

§§ 1250.107, 1250.108, and 1250.109 of this chapter.

(c) The responsibilities so delegated were and are to be exercised in accordance with the "Plan for Coordinated Enforcement Procedures for Higher Education" (dated February 1966), developed by interested Government agencies and approved by the Department of Justice; and redelegation by the Secretary to other officials of the Department of Health, Education, and Welfare was authorized.

(d) NASA has retained the right to exercise these responsibilities itself in special cases with the agreement of the appropriate official in the Department of Health, Education, and Welfare. The Office of Grants and Research Contracts, NASA Headquarters, has been designated to represent NASA in carrying out the provisions of this delegation.

[32 FR 3883, Mar. 9, 1967]

Administration Division for Headquarters, is responsible for implementing the provisions of this subpart when he determines that such action is necessary because of bomb threats, unexplained loss of Government property, or other unusual situations, for the protection or security of the installation and the personnel and property therein. In the local implementation of this subpart, the Directors of NASA installations (and component installations) located on Federal property under the control of other agencies will coordinate their action with appropriate officials of the other agencies concerned.

[36 FR 600, Jan. 15, 1971, as amended at 43 FR 14008, Apr. 4, 1978]

(a) All entrances to NASA installations shall be conspicuously posted with the following notice:

PURSUANT TO NASA REGULATIONS THE ENTRANCE OF INDIVIDUALS TO, OR THEIR CONTINUED PRESENCE ON, THIS INSTALLATION IS CONDITIONED UPON THEIR CONSENT TO INSPECTION OF THEIR PERSONS, AND OF PROPERTY IN THEIR POSSESSION OR CONTROL.

(b) Inspection pursuant to this subpart will be conducted only by NASA security personnel or members of the installation security patrol or guard force. Such inspections shall be conducted in accordance with guidelines established by the Director, Security Division.

(c) If an individual indicates that he does not consent to an inspection, it will not be carried out, and he will be denied admission to, or be escorted from, the installation.

(d) If, during an inspection, an individual is found to be in unauthorized possession of items believed to represent a threat to the safety or security of the installation, the individual shall be denied admission to or escorted from the installation and appropriate law enforcement authorities will be notified immediately.

(e) If, during an inspection conducted pursuant to this subpart, an individual is in possession of U.S. Government property without proper author