Subpart 101-47.3—Surplus Real Property Disposal

101-47.300 Scope of subpart.

101-47.301 General provisions of subpart. 101-47.301-1 Policy.

101-47.301-2 Applicability of antitrust laws. 101-47.301-3 Disposals under other laws. 101-47.301-4 Credit disposals and leases. 101-47.302 Designation of disposal agencies. 101-47.302-1 General.

101-47.302-2 Holding agency.

101-47.302-3 General Services Administration.

101-47.303 Responsibility of disposal agency. 101-47.303-1 Classification.

101-47.303-2 Disposals to public agencies. 101-47.303-2a Notice for zoning purposes. 101-47.303-3 Studies.

101-47.303-4 Appraisal.

101-47.304 Advertised and negotiated disposals.

101-47.304-1 Publicity.

101-47.304-2 Soliciting cooperation of local groups.

101-47.304-3 Information to interested per

sons.

101-47.304-4 Invitation for offers.

101-47.304-5 Inspection.

101-47.304-6 Submission of offers.

101-47.304-7 Advertised disposals.

101-47.304-8 [Reserved]

101-47.304-9 Negotiated disposals. 101-47.304-10 Disposals by brokers. 101-47.304-11 Documenting determinations

to negotiate.

101-47.304-12 Explanatory statements.

101-47.304-13 Provisions relating to asbestos.

101-47.304-14 Provisions relating to hazardous substance activity.

101-47.305 Acceptance of offers.

101-47.305-1 General.

101-47.305-2 Equal offers.

101-47.305-3 Notice to unsuccessful bidders.

101-47.306 Absence of acceptable offers. 101-47.306-1 Negotiations.

101-47.306-2 Defense Industrial Reserve properties.

101-47.307 Conveyances.

101-47.307-1 Form of deed or instrument of

conveyance.

101-47.307-2 Conditions in disposal instruments.

101-47.307-3 Distribution of conformed copies of conveyance instruments. 101-47.307-4 Disposition of title papers. 101-47.307-5 Title transfers from Govern

ment corporations.

101-47.307-6 Proceeds from disposals. 101-47.308 Special disposal provisions. 101-47.308-1 Power transmission lines. 101-47.308-2 Property for public airports. 101-47.308-3 Property for use for use as historic

monuments.

101-47.308-4 Property for educational and public health purposes.

101-47.308-5 Property for use as shrines, memorials, or for religious purposes. 101-47.308-6 Property for housing and related facilities.

101-47.308-7 Property for use as public park or recreation areas.

101-47.308-8 Property for displaced persons. 101-47.308-9 Property for correctional facility use.

101-47.308-10 Property for port facility use. 101-47.309 Disposal of leases, permits, licenses, and similar instruments. 101-47.310 Disposal of structures and improvements on Government-owned land. 101-47.311 Disposal of residual personal property.

101-47.312 Non-Federal interim use of property.

179-165 0—98——22

Subparts 101-47.10-101-47.48 [Reserved]

Subpart 101-47.49—Illustrations

101-47.4900 Scope of subpart.

101-47.4901 [Reserved]

101-47.4902 Standard Form 118, Report of Excess Real Property.

101-47.4902-1 Standard Form 118a, Buildings, Structures, Utilities, and Miscellaneous Facilities.

101-47.4902-2 Standard Form 118b, Land. 101-47.4902-3 Standard Form 118c, Related Personal Property.

101-47.4902-4 Instructions for the preparation of Standard Form 118, and Attachments, Standard Forms 118a, 118b, and 118c.

101-47.4904 GSA Form 1334, Request for Transfer of Excess Real and Related Personal Property. 101-47.4904-1 Instructions for preparation of GSA Form 1334, Request for Transfer of Excess Real and Related Personal Property.

101-47.4905 Extract of statutes authorizing disposal of surplus real property to public agencies.

101-47.4906 Sample notice to public agencies of surplus determination.

101-47.4906a Attachment to notice sent to zoning authority.

101-47.4906b Paragraph to be added to letter sent to zoning authority.

101-47.4906-1 Sample letter for transmission of notice of surplus determination. 101-47.4906-2 Sample letter to a State single point of contact.

101-47.4907 List of Federal real property

holding agencies.

101-47.4908 Excess profits covenant. 101-47.4909 Highest and best use.

101-47.4910 Field offices of Department of Health, Education, and Welfare.

101-47.4911 Outline for explanatory statements for negotiated sales.

101-47.4912 Regional offices of the Bureau of Outdoor Recreation, Department of the Interior.

101-47.4913 Outline for protection and maintenance of excess and surplus real property.

101-47.4914 Executive Order 12512.

AUTHORITY: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).

SOURCE: 29 FR 16126, Dec. 3, 1964, unless otherwise noted.

§ 101-47.000 Scope of part.

This part prescribes the policies and methods governing the utilization and disposal of excess and surplus real property and related personal property within the States of the Union, the

District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, and the Virgin Islands.

[47 FR 4521, Feb. 1, 1982]

Subpart 101-47.1-General Provisions

§ 101-47.100 Scope of subpart.

This subpart sets forth the applicability of this part 101-47, and other introductory information.

§ 101-47.101 Applicability.

The provisions of this part 101-47 apply to all Federal agencies, except as may otherwise be specifically provided under each section or subpart.

§ 101-47.102 [Reserved]

§ 101-47.103 Definitions.

As used throughout this part 101-47, the following terms shall have the meanings as set forth in this subpart 101-47.1.

§ 101-47.103-1 Act.

The Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended.

§ 101-47.103-2 GSA.

The General Services Administration, acting by or through the Administrator of General Services, or a designated official to whom functions under this part 101-47 have been delegated by the Administrator of General Services.

§ 101-47.103-3 Airport.

Any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-ofway, together with all airport buildings and facilities located thereon.

§ 101-47.103-4 Chapel.

Any Government-owned building and improvements, including surplus fixtures or furnishings therein, related or essential to the religious activities and

services for which the building is to be used and maintained, was designed for and used, or was intended to be used.

§ 101-47.103-5 Decontamination.

The complete removal or destruction by flashing of explosive powders; the neutralizing and cleaning-out of acid and corrosive materials; the removal, destruction, or neutralizing of toxic, hazardous or infectious substances; and the complete removal and destruction by burning or detonation of live ammunition from contaminated areas and buildings.

[53 FR 29893, Aug. 9, 1988]

§ 101-47.103-6 Disposal agency.

The executive agency designated by the Administrator of General Services to dispose of surplus real property. § 101-47.103-7 Holding agency.

The Federal agency which has accountability for the property involved. § 101-47.103-8 Industrial property.

Any real property and related personal property which has been used or which is suitable to be used for manufacturing, fabricating, or processing of products; mining operations; construction or repair of ships and other waterborne carriers; power transmission facilities; railroad facilities; and pipeline facilities for transporting petroleum or gas.

§ 101-47.103-9 Landing area.

Any land or combination of water and land, together with improvements thereon and necessary operational equipment used in connection therewith, which is used for landing, takeoff, and parking of aircraft. The term includes, but is not limited to, runways, strips, taxiways, and parking aprons.

§ 101-47.103-10 Management.

The safeguarding of the Government's interest in property, in an efficient and economical manner consistent with the best business practices.

§ 101-47.103-11 Protection.

The provisions of adequate measures for prevention and extinguishment of

fires, special inspections to determine and eliminate fire and other hazards, and necessary guards to protect property against thievery, vandalism, and unauthorized entry.

§ 101-47.103-12 Real property.

(a) Any interest in land, together with the improvements, structures, and fixtures located thereon (including prefabricated movable structures, such as Butler-type storage warehouses and quonset huts, and housetrailers with or without undercarriages), and appurtenances thereto, under the control of any Federal agency, except:

(1) The public domain;

(2) Lands reserved or dedicated for national forest or national park purposes;

(3) Minerals in lands or portions of lands withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws;

(4) Lands withdrawn or reserved from the public domain but not including lands or portions of lands so withdrawn or reserved which the Secretary of the Interior, with the concurrence of the Administrator of General Services, determines are not suitable for return to the public domain for disposition under the general public land laws because such lands are substantially changed in character by improvements or otherwise; and

(5) Crops when designated by such agency for disposition by severance and removal from the land.

(b) Improvements of any kind, structures, and fixtures under the control of any Federal agency when designated by such agency for disposition without the underlying land (including such as may be located on the public domain, or lands withdrawn or reserved from the public domain, or lands reserved or dedicated for national forest or national park purposes, or on lands that are not owned by the United States) excluding, however, prefabricated movable structures, such as Butler-type storage warehouses and quonset huts, and housetrailers (with or without undercarriages).

(c) Standing timber and embedded gravel, sand, or stone under the control

of any Federal agency whether designated by such agency for disposition with the land or by severance and removal from the land, excluding timber felled, and gravel, sand, or stone excavated by or for the Government prior to disposition.

[29 FR 16126, Dec. 3, 1964, as amended at 30 FR 11281, Aug. 2, 1965; 33 FR 8737, June 14, 1968]

§ 101-47.103-13 Related personal property.

Related personal property means any personal property:

(a) Which is an integral part of real property or is related to, designed for, or specially adapted to the functional or productive capacity of the real property and removal of this personal property would significantly diminish the economic value of the real property. Normally, common use items, including but not limited to general-purpose furniture, utensils, office machines, office supplies, or general-purpose vehicles, are not considered to be related personal property; or

(b) Which is determined by the Administrator of General Services to be related to the real property.

[46 FR 45951, Sept. 16, 1981]

§ 101-47.103-14 Other terms defined in the Act.

Other terms which are defined in the Act shall have the meanings given them by such Act.

§ 101-47.103-15 Other terms.

Other terms not applicable throughout this part are defined in the sections or subparts to which they apply.

Subpart 101-47.2-Utilization of Excess Real Property

§ 101-47.200 Scope of subpart.

(a) This subpart prescribes the policies and methods governing the reporting by executive agencies and utilization by Federal agencies of excess real property, including related personal property within the State of the Union, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Trust Territory of

the Pacific Islands, and the Virgin Islands. This subpart does not apply to the abandonment, destruction, or donation to public bodies, under section 202(h) of the Act (covered by subpart 101-47.5).

(b) The provisions of this subpart 101– 47.2 shall not apply to asbestos on Federal property which is subject to section 120(h) of the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499.

[53 FR 29893, Aug. 9, 1988]

§ 101-47.201 General provisions of subpart.

§ 101-47.201-1 Policy.

It is the policy of the Administrator of General Services:

(a) To stimulate the identification and reporting by executive agencies of excess real property.

(b) To achieve the maximum utilization by executive agencies, in terms of economy and efficiency, of excess real property in order to minimize expenditures for the purchase of real property.

(c) To 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. [29 FR 16126, Dec. 3, 1964, as amended at 42 FR 40698, Aug. 11, 1977]

§ 101-47.201-2 Guidelines.

(a) Each executive agency shall:

(1) Survey real property under its control (including property assigned on a permit basis to other Federal agencies, or outleased to States, local governments, other public bodies, or private interests) at least annually to identify property which is not needed, underutilized, or not being put to optimum use. When other needs for the property are identified or recognized, the agency shall determine whether continuation of the current use or another Federal or other use would better serve the public interest, considering both the agency's needs and the property's location. In conducting each review, agencies shall be guided by §101– 47.801(b), other applicable General Services Administration regulations, and such criteria as may be established by the Federal Property Council;

(2) Maintain its inventory of real property at the absolute minimum consistent with economical and efficient conduct of the affairs of the agency; and

(3) Promptly report to GSA real property which it has determined to be ex

cess.

(b) Each executive agency shall, so far as practicable, pursuant to the provisions of this subpart, fulfill its needs for real property by utilization of excess real property.

(c) To preclude the acquisition by purchase of real property when excess or surplus property of another Federal agency may be available which would meet the need, each executive agency shall notify GSA of its needs and ascertain whether any such property is available. However, in specific instances where the agency's proposed acquisition of real property is dictated by such factors as exact geographical location, topography, engineering, or similar characteristics which limit the possible use of other available property, the notification shall not be required. For example, for a dam site or reservoir area or the construction of a generating plant or a substation specific lands are needed and, ordinarily, no purpose would be served by such notification.

(d) In every case of a proposed transfer of excess real property, the paramount consideration shall be the validity and appropriateness of the requirement upon which the proposal is based. (1) A proposed transfer should not establish a new program of an executive agency which has never been reflected in any previous budget submission or congressional action; nor should it 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.

(2) Before requesting a transfer of excess real property, an executive agency should:

(1) Screen the holdings of the bureaus or other organizations within the agency to determine whether the new requirement can be met through improved utilization. Any utilization, however, must be for purposes that are consistent with the highest and best