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(Date)

(Name of property)

(Location)

Secretary of Labor, that the property is located in an area of serious economic disruption; and approve, after consultation with the Secretary of Commerce, an economic development plan associated with the plan of use of the property.

Eligible public agencies: Any State; the District of Columbia; any territory or possession of the United States; and any instrumentality or political subdivision in any of them.

Statute: 49 U.S.C. 47151. Disposals for public airport purposes.

Type of property*: Any surplus real or personal property, exclusive of (1) oil, gas and mineral rights; (2) military chapels subject to disposal as a shrine, memorial or for religious purposes under the provisions of Sec. 101-47.308– 5; (3) property subject to disposal as a historic monument site under the provisions of Sec. 101-47.308–3; (4) property the highest and the best use of which is determined by the disposal agency to be industrial and which shall be so classified for disposal, and (5) property which the holding agency has

has requested reimbursement of the net proceeds of disposition pursuant to section 204(c) of the Act.

Eligible public agencies: Any State, the District of Columbia; any territory or possession of the United States; and any instrumentality or political subdivision in any of them.

Statute: 50 U.S.C. App. 1622(d). Disposals of power transmission lines needful for or adaptable to the requirements of a public power project.

Type of property*: Any surplus power transmission line and the right-of-way acquired for its construction.

Eligible public agency: Any State or political subdivision thereof or any State agency or instrumentality.

*The Commissioner, Public Buildings Service, General Services Administration, Washington, DC 20405, in appropriate instances, may waive any exclusions listed in this description, except for those required by law.

Notice is hereby given that the above described property has been determined to be surplus Government property. The property consists of acres of fee land, more or less, together with easements and improvements as follows:

This property is surplus property available for disposal under the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), as amended, certain related laws, and applicable regulations. The applicable regulations provide that non-Federal public agencies shall be allowed a reasonable period of time to submit a formal application for surplus real property in which they may be interested. Disposal of this property, or portions thereof, may be made to public agencies for the public uses listed below whenever the Government determines that the property is available for such uses and that disposal thereof is authorized by the statutes cited and applicable regulations. (NOTE: List only those statutes and types of disposal appropriate to the particular surplus property described in the notice.) 16 U.S.C. 6676 Wildlife conservation.

d. 23 U.S.C. 107 Federal aid and certain and 317.

other highways. 40 U.S.C. 122 .. Transfer to the District of

Columbia. 40 U.S.C. 3450 Widening of highways,

streets, or alleys. 40 U.S.C.

Negotiated sales for general 484(e)(3)(H). public purpose uses.

(NOTE: This statute should not be listed if the affected surplus property has an estimated value of

less than $10,000.) 40 U.S.C.

School, classroom, or other 484(k)(1)(A). educational purposes. 40 U.S.C.

Protection of public health, 484(k)(1)(B). including research. 40 U.S.C.

Public park or recreation 484(k)(2).

area. 40 U.S.C.

Historic monument. 484(k)(3). 40 U.S.C.

Correctional facility. 484(p).

[60 FR 35708, July 11, 1995)

g 101-47.4906 Sample notice to public

agencies of surplus determination.

NOTICE OF SURPLUS DETERMINATION

GOVERNMENT PROPERTY

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Such notice must be filed not later than

(Insert date of the 21st day following the date of the notice.)

Each notice so filed shall:

(a) Disclose the contemplated use of the property;

(b) Contain a citation of the applicable statute or statutes under which the public agency desires to procure the property;

(c) Disclose the nature of the interest if an interest less than fee title to the property is contemplated;

(d) State the length of time required to develop and submit a formal application for the property. (Where a payment to the Government is required under the statute, include a statement as to whether funds are available and, if not, the period required to obtain funds.); and

(e) Give the reason for the time required to develop and submit a formal application.

Upon receipt of such written notices, the public agency shall be promptly informed concerning the period of time that will be allowed for submission of a formal application. In the absence of such written notice, or in the event a public use proposal is not approved, the regulations issued pursuant to authority contained in the Federal Property and Administrative Services Act of 1949 provide for offering the property for sale.

Application forms or instructions to acquire property for the public uses listed in this notice may be obtained by contacting the following Federal agencies for each of the indicated purposes:

NOTE: For each public purpose statute listed in this notice, show the name, address, and telephone number of the Federal agency

SEC. 803
(a) Whenever

Whenever the Administrator CONtemplates the disposal for or on behalf of any Federal agency of any real property situated within an urban area, he shall, prior to offering such land for sale, give reasonable notice to the head of the governing body of the unit of general local govenrment having jurisdiction over zoning and land-use regulation in the geographical area within which the land or lands are located in order to afford the government the opportunity of zoning for the use of such land in accordance with local comprehensive planning.

(b) The Administrator, to the greatest practicable extent, shall furnish to all prospective purchasers of such real property, full and complete information concerning:

(1) Current zoning regulations and prospective zoning requirements and objectives for such property when it is unzoned: and

(2) Current availability to such property of streets, sidewalks, sewers, water, street lights, and other service facilities and prospective availability of such services if such property is included in comprehensive planning.

(34 FR 11210, July 3, 1969]

§ 101-47.4906b Paragraph to be added

to letter sent to zoning authority. As the head of the governing body of the unit of general local government having jurisdiction over zoning and land-use regulations in the geographical area within which this surplus property is located, you also may be interested in section 803 of the Federal Property and Administrative Services Act of 1949, as amended, 82 Stat. 1105, a copy of which is attached for ready reference. It is requested that the information contemplated by section 803(b) be forwarded this office within the same 20-calendar-day period prescribed in the attached notice of surplus determination for the advising of a desire to acquire the property. If the property is

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unzoned and you desire the opportunity to accomplish such zoning in accordance with local comprehensive planning pursuant to section 803(a), please so advise us in writing within the same time frame and let us know the time you will require for the promulgation of such zoning regulations. We will not delay sale of the property pending such zoning for more than 50 days from the date of this notice. However, if you will not be able to accomplish the desired zoning before the property is placed on sale, we will advise prospective purchasers of the pending zoning in process.

(34 FR 11210, July 3, 1969)

8 101-47.4906-1 Sample letter for trans

mission of notice of surplus determination.

(Addressee) Dear:

On July 14, 1982, the President issued Executive Order 12372, “Intergovernmental Review of Federal Programs.” This Executive order provides for State and local government coordination and review of certain proposed Federal programs and activities, including real property disposal actions of the General Services Administration.

Enclosed is a notice of surplus determination that has been sent to appropriate public bodies advising them of the availability of the described real property for public purposes. Surplus Federal real property which is not acquired for State or local governmental public purposes is generally offered for sale to the general public by competitive bidding procedures.

No final disposal action will be taken for 60 calendar days from the date of this letter to allow for the receipt of any comments from your office.

(Date)

CERTIFIED MAIL-RETURN RECEIPT

REQUESTED

(52 FR 9831, Mar. 27, 1987)

8 101-47.4907 List of Federal real prop

erty holding agencies.

NOTE: The illustrations in $ 101-47.4907 are filed as part of the original document and do not appear in the FEDERAL REGISTER or the Code of Federal Regulations.

[40 FR 12080, Mar. 17, 1975)

(Addressee) Dear The former

(Name of property),

(Location) has been determined to be surplus Government property and available for disposal.

Included in the attached notice are a description of the property and procedural instructions to be followed if any public agency desires to submit an application for the property. Please note particularly the name and address given for filing written notice if any public agency desires to submit such an application, the time limitation within which written notice must be filed, and the required content of such notice. Additional instructions are provided for the submission of comments regarding any incompatibility of the disposal with any public agency's development plans and programs.

In order to ensure that all interested parties are informed of the availability of this property, please post the additional copies of the attached notice in appropriate conspicuous places. 1

A notice of surplus determination also is being mailed to (Other addressees). Sincerely,

§ 101-47.4908 Excess profits covenant.

EXCESS PROFITS COVENANT FOR NEGOTIATED

SALES TO PUBLIC BODIES

(a) This covenant shall run with the land for a period of 3 years from the date of conveyance. With respect to the property described in this deed, if at any time within a 3-year period from the date of transfer of title by the Grantor, the Grantee, or its successors or assigns, shall sell or enter into agreements to sell the property, either in a single transaction or in a series of transactions, it is covenanted and agreed that all proceeds received or to be received in excess of the Grantee's or a subsequent seller's actual allowable costs will be remitted to the Grantor. In the event of a sale of less than

1 Attach as many copies of the notice as may be anticipated will be required for adequate posting.

the entire property, actual allowable costs will be apportioned to the property based on a fair and reasonable determination by the Grantor.

(b) For purposes of this covenant, the Grantee's or a subsequent seller's allowable costs shall include the following:

(1) The purchase price of the real property;

(2) The direct costs actually incurred and paid for improvements which serve only the property, including road construction, storm and sanitary sewer construction, other public facilities or utility construction, building rehabilitation and demolition, landscaping, grading, and other site or public improvements;

(3) The direct costs actually incurred and paid for design and engineering services with respect to the improvements described in (b)(2) of this section; and

(4) The finance charges actually incurred and paid in conjunction with loans obtained to meet any of the allowable costs enumerated above.

(c) None of the allowable costs described in paragraph (b) of this section will be deductible if defrayed by Federal grants or if used as matching funds to secure Federal grants.

(d) In order to verify compliance with the terms and conditions of this covenant, the Grantee, or its successors or assigns, shall submit an annual report for each of the subsequent 3 years to the Grantor on the anniversary date of this deed. Each report will identify the property involved in this transaction and will contain such of the following items of information as are applicable at the time of submission:

(1) A description of each portion of the property that has been resold;

(2) The sale price of each such resold portion;

(3) The identity of each purchaser; (4) The proposed land use; and

(5) An enumeration of any allowable costs incurred and paid that would offset any realized profit. If no resale has been made, the report shall 80 state.

(e) The Grantor may monitor the property and inspect records related thereto to ensure compliance with the terms and conditions of this covenant and may take any actions which it deems reasonable and prudent to recover any excess profits realized through the resale of the property.

and best use determination must be based on the property's economic potential, qualitative values (social and environmental) inherent in the property itself, and other utilization factors controlling or directly affecting land use (e.g. zoning, physical characteristics, private and public uses in the vicinity, neighboring improvements, utility services, access, roads, location, and environmental and historical considerations). Projected highest and best use should not be remote, speculative, or conjectural.

(b) An analysis and determination of highest and best use is based on information compiled from the property inspection and environmental

environmental assessment. Major considerations include:

(1) Present zoning category (check one or more as appropriate). Industrial Single family residential Multiple family residential Commercial/retail Warehouse Agriculture Institutional or public use

Other (specify)

Not zoned ....
Zoning proceeding pending Federal dis-

posal

Category proposed

(2) Physical characteristics. (Describe land and improvements and comment on property's physical characteristics including utility services, access, environmental and historical aspects, and other significant factors)

(3) Area/neighborhood uses (check one or more as appropriate). Single family residential ... Multiple family residential Industrial Office Retail or commercial Farmland Recreational/park area

(51 FR 23760, July 1, 1986)

Other (specify)

g 101-47.4909 Highest and best use.

(a) Highest and best use is the most likely use to which a property can be put, so as to produce the highest monetary return from the property, promote its maximum value, or serve a public or institutional purpose. The highest

(4) Existing neighboring improvements (check one or more as appropriate). Deteriorating

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