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spective availability of such services if such property is included in comprehensive planning. 134 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 landuse 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-calendarday period prescribed in the attached notice of surplus determination for the advising of a desire to acquire the property. If the property is 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) § 101–47.4906-1 Sample letter for
transmission of notice of surplus determination.
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.
A notice of surplus determination also is being malled to
(Other addressees) Sincerely, Attachment
1 Attach as many copies of the notice as may be anticipated will be required for adequate posting. [34 F.R. 11211, July 3, 1969, as amended at 35 F.R. 8487, June 2, 1970] 8 101-47.4907 List of Federal real
property holding agencies. 1. Agriculture, Department of 2. Atomic Energy Commission 3. Commerce, Department of 4. Defense, Department of 5. Federal Aviation Administration 6. Federal Communications Commission 7. General Services Administration 8. Government Printing Office 9. Health, Education, and Welfare, Departo
ment of 10. Housing and Home Finance Agency 11. Interior, Department of the 12. Justice, Department of 13. National Aeronautics and Space Admin
istration 14. National Capital Housing Authority 15. National Science Foundation 16. Post Office Department 17. Smithsonian Institution 18. State, Department of 19. Tennessee Valley Authority 20. Treasury, Department of the 21. United States Information Agency 22. Veterans Administration
This list does not include all agencies which may occupy or request assignment of space. § 101-47.4908 Bureau of the Budget
Circular No. A-2, Revised, dated
BUREAU OF THE BUDGET
April 5, 1967.
(Date) CERTIFIED MAIL-RETURN RECEIPT REQUESTED
(Addressee) Dear The former
(Name of property)
has been deter(Location) mined 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
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND
ESTABLISHMENTS Subject: Utilization, retention, and acquisi
tion of Federal real property 1. Purpose. This Circular rescinds and replaces Bureau of the Budget Circular No. A-2, dated October 18, 1955. This revision redefines the Circular's coverage; restates the Government's general policy with respect to utilization, retention, and acquisition of Federal real property; provides guidelines for identification of excess real property; and prescribes an annual report to be submitted by each agency on the results of implementation of this Circular.
2. Coverage. The provisions of this Circular apply to all Federal real property located in the United States, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam, except those categories of real property specifically excluded in paragraph 2b, below.
a. For purposes of this Circular, Federal real property will include:
(1) Land, buildings, structures, and facilities (including Government-owned buildings, structures, and facilities located on other than Government-owned land) acquired by purchase, condemnation, donation, construction, lease, or other methods; and
(2) Public domain land withdrawn and assigned to Federal agencies for use within the Federal Government for such purposes as military installations, airfields, and research facilities.
b. For purposes of this Circular Federal real property will exclude the following:
(1) Unreserved public domain (except as indicated in paragraph 5b);
(2) Real property which is to be sold or otherwise disposed of and which was acquired through (a) foreclosure, confiscation, or seizure in settlement of a claim of the Federal Government, or (b) conveyance to the Federal Government in connection with an indemnity or loan insurance or guarantee program;
(3) Rights-of-way or easements granted to the Government;
(4) Real property held in trust by the Federal Government;
(5) Oregon and California revested lands (43 U.S.C. 1181a);
(6) Land administered by the National Park Service, other than administrative sites outside of the established boundaries of a national park;
(7) Land administered by the Forest Serv. ice, other than administrative sites outside of the established boundaries of a national forest;
(8) Land on Indian reservations within consolidation areas approved by the Secretary of the Interior; and
(9) Land within the National Wildlife Refuge System.
3. Utilization and retention of real property. Federal agencies will develop criteria to achieve effective and economical use of their real property in meeting the needs of each
of their programs. Agencies will review their real property holdings in accordance with the criteria established and limit such holdings to those required for the efficient and effective conduct of assigned programs and functions.
Such real property as falls within the term "property," as defined in section 3(d) of the Federal Property and Administrative Services Act of 1949, as amended, which is not neerled should be identified and reported as excess to General Services Administration without delay pursuant to the provisions of the cited Act.
Portions of withdrawn public domain which are no longer required for effective conduct of the program for which withdrawn will be reported initially to the Bureau of Land Management, Department of the Interior, for a determination by the Secretary of the Interior, with the concurrence of the Administrator of General Services, in accordance with section 3(d) of the Federal Property and Administrative Services Act of 1949, as amended, whether such property is suite able for return to the public domain. Any such property found unsuitable for return to the public domain and thereafter determined to be excess will be reported to the General Services Administration for further use or disposal.
All other real property covered by this Circular, as described in paragraph 2, which is not needed will be identified, screened for use for other programs of the agency and made available for such other purposes or disposed of in accordance with applicable law.
4. Guidelines for identification of excess. Real property (including any separable unit) generally will be identified as excess when:
a. It is not being used by the accountable agency for program purposes and there are no approved current plans for future use, or
b. Substantial net savings to the Government would result if properties used for essential purposes could be sold at their current market values and other suitable properties of substantially lower current values substituted for them (see paragraph 7), or
c. The costs of operation and maintenance are substantially higher than for other suitable properties of equal or less value which could be made available by transfer, permit. purchase, or lease (see paragraph 7).
5. Acquisition policy-a. Restriction. Real property and interests therein will be acquired, within applicable authorities, only as necessary for effective program operation. Agencies will not acquire by any method areas of real property larger than needed for approved programs.
b. Economic use. Prior to the acquisition of real property by purchase, condemnation, construction, or lease, each agency will review its existing holdings to determine (1) that the best economic use is being made of the agency's property and (2) whether it can fulfill its current needs by use of any property under its jurisdiction. If the new re
quirement cannot be met by use of the agency's existing real property, efforts will be made to determine if other satisfactory existing Federal holdings are available.
C. Notification of planned requirements. Each executive agency will notify either the General Services Administration or the Bureau of Land Management, Department of the Interior, or both, as may be appropriate, of its current and future planned requirements prior to the acquisition of real property by purchase, condemnation, construction, or lease. The notification may be formal or informal as appropriate. GSA and the Bureau of Land Management, as appropriate, will advise the agencies i excess, unreserved public domain, or surplus real property is or may be available which might meet the need.
In specific cases 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 will not be required. For example, in the case of a dam site or reservoir area, the construction of a generating plant or a substation, specific lands are needed and ordinarily no purpose would be served by such notification.
d. Joint use. If suitable excess, surplus, or unreserved public domain land is not available, consideration should be given to the possibility of joint use of real property held by other Federal agencies.
e. Transfer of excess real property. As a general rule and where compatible with the general provisions of this Circular, excess real property may be acquired by transfer as provided in General Services Administration's Federal Property Management Regulations, Subchapter H, Subpart 47.2, or as otherwise provided by law.
6. Permits. Permits authorizing the use of property in the custody of an agency by another agency will be issued only when (a) a determination has been made by the accountable agency that the property is not excess, and (b) the proposed use by the requesting agency conforms to the acquisition and use provisions of this Circular. An agency authorized to dispose of real property may make excess or surplus property available for short-term use by permit during the period it is being processed for further use or disposal, providing the requesting agency conforms to the provisions of this Circular.
7. Financing arrangements and authorizing legislation. There may be cases where the application of guidelines 4b and 4c cannot be accomplished without first incurring expenses for which appropriate financing
must be obtained or securing the enactment of new authorizing legislation. In these cases appropriate arrangements should be made to complete the necessary studies and to submit such proposals for appropriations or legislation as may be necessary. These proposals should be supported by estimates of replacement costs and ultimate net savings.
8. Implementation. The head of each agency will issue appropriate instructions to assure that:
a. Real property use, retention, and acquisition policies enunciated by this Circular are followed;
b. The guidelines for identification of excess real property are applied in accordance with this Circular;
c. Systematic, thorough reviews of real property holdings are made annually to iden. tify unneeded or uneconomically used properties; and
d. Properties or portions of properties identified as excess are reported or processed as provided in paragraph 3 without delay 11 continued retention by the agency is not Justified under the standards prescribed by this Circular.
9. Annual report-a. Submission. The results of the review conducted pursuant to paragraph 8c of this Circular will be summarized in an annual report. The first annual report will be for fiscal year 1968. This report will either be included as an attachment to the agency's annual inventory report on real property owned by the United States, which is submitted to the General Services Administration as of June 30 of each fiscal year, or it may be submitted separately to GSA when the annual inventory report is submitted. When included as part of the annual inventory report, the data concerning the agency's review will be attached to GSA Form 1209, Summary of Number of Installations Owned by the United States.
b. Coverage. The report will include the following:
(1) Summary of actions which have been taken during the fiscal year to comply with the provisions of this Circular. A copy of new or revised instructions or criteria developed and issued by the agency should be included.
(2) A statement that all properties under the custody of the agency are needed or, as appropriate, that action is being taken to screen, report excess, or otherwise dispose of unneeded properties. A separate summary will be included for each of the following categories showing the number and cost of properties, acreage, and number of buildings, structures, and facilities: (a) Properties reported excess for disposition under the Federal Property and Administrative Services Act of 1949, as amended; (b) properties returned to the public domain (see paragraph 3); (c) properties made available by permit to another agency as provided in paragraph 6; (d) leases canceled as a result of the annual agency review; and (e) properties for which other disposition has been made.
(3) In those cases where recommendations have been made to obtain appropriate financing or new authorizing legislation to obtain substitute facilities in accordance with the policy guidelines of this Circular, a reference to such recommendations should be included in the report.
The General Services Administration will transmit the above described report for all agencies accountable for real property to the Bureau of the Budget no later than November 1, of each year. (33 F.R. 572, Jan. 17, 1968] $ 101-47.4909 Memorandum of the President dated May 21, 1956.
THE WHITE HOUSE
Washington, May 21, 1956 MEMORANDUM FOR THE HEADS OF ALL EXECUTIVE DEPARTMENTS AND AGENCIES In order that the leasing of farm lands owned by the Federal Government shall be consistent with the Administration's determined effort to reduce price-depressing surpluses and to bring agricultural production into line with markets, I request that the following-described policies governing the leasing of farm lands by the Federal Government, to the extent that such policies are not inconsistent with law, be placed in effect by all departments and agencies concerned on the effective date of this memorandum:
1. Except as provided in paragraphs 2 and 4 hereof, leases of farm lands made by the Federal Government on or after the effective date of this memorandum shall prohibit the cultivation of price-supported crops in surplus supply.
2. In the case of acquisitions of farm lands by the Federal Government on or after the effective date of this memorandum, if price-supported crops in surplus supply are growing on such lands at the time of acquisition, the harvesting of such crops may be permitted.
3. No lease of farm lands by the Federal Government which is in effect on the effective date hereof shall be terminated under authority of this memorandum, but this memorandum shall not be construed to affect any authority which may otherwise exist for the termination of any such lease.
4. Upon the expiration of leases of farm lands by the Federal Government which do not prohibit the cultivation of pricesupported crops in surplus supply (including those in effect on the effective date of this memorandum, and including those made as provided for in this paragraph, but not including any agreement made with respect to harvesting pursuant to paragraph 2 of this memorandum), whether such lands
may thereafter be leased for the cultivation of price-supported crops in surplus supply shall be determined equitably. The controlling department or agency, according to its particular circumstances, may make such determinations on an individual lease basis or on an area basis. In arriving at such determinations, consideration shall be given to the interests of individual farmers and the local community, the supply situation of crops that might be grown on the lands, the effect on price-support programs, the objectives of the programs under which such lands were acquired or reserved, and maintenance savings and income to the Federal Government. If it is at any time determined, pursuant to this paragraph, that a lease of farm lands by the Federal Government shall prohibit the cultivation of price-supported crops in surplus supply, any lease of such lands made at any time thereafter by the Federal Government shall prohibit the cultivation of such crops.
5. In determining the acreage in each unit of farm land to be offered for lease by the Federal Government, consideration shall be given to the leasing of such land for family-size farm operations.
6. As used in this memorandum:
(a) The term "lease” shall include permits and licenses.
(b) The term "price-supported crops in surplus supply" shall mean those cultivated crops supported pursuant to the Agricultural Act of 1949, as amended and supplemented, and determined from time to time by the Secretary of Agriculture to be in surplus supply.
7. To insure that the leasing of farm lands by the Federal Government shall be consistent with the Administration's farm program, the Department of Agriculture, until such time as some appropriate interagency group or committee may be designated, shall be available as a focal agency for consultation in such matters.
8. All departments and agencies concerned shall submit to the Bureau of the Budget within sixty days from the date of this memorandum copies of implementing instructions to their operating organizations. This memorandum shall become effective sixty days after the date hereof.
DWIGHT D. EISENHOWER
§ 101-47.4910 Field offices of Department of Health, Education, and Welfare to receive notices of availability. Region and Jurisdiction
Address and Telephone Region I—Maine, New Hampshire, Vermont, Regional Representative, Surplus Property
Connecticut, Massachusetts, and Rhode Utilization Division, 120 Boylston Street, Island.
Boston, Mass. 02116. Phone: 482–6550 (Area
Code 617). Region II—Delaware, New York, New Jersey, Regional Representative, Surplus Property and Pennsylvania.
Utilization Division, Room 1200, 42 Broadway, New York, N.Y. 10004. Phone: 3634031 (Area Code 212).
Region and Jurisdiction
Maryland, North Carolina, Puerto Rico,
Region IV-Alabama, Florida, Georgia, Mis
sissippi, South Carolina, and Tennessee.
Region V-Illinois, Indiana, Michigan, Ohio,
Region VI—Iowa, Missouri, North Dakota,
South Dakota, Kansas, Minnesota, and
Address and Telephone
Utilization Division, 700 East Jefferson
296-5171 (Area Code 703).
Utilization Division, Room 404, 50 Seventh
TRinity 6–3311 (Area Code 404).
Utilization Division, Room 712, 433 West
Phone: 828–5197 (Area Code 312).
Utilization Division, 560 Westport Road,
1–7000 (Area Code 816).
Ulitization Division, 1114 Commerce Street,
Utilization Division, Room 551, 621 17th
(Area Code 303).
Utilization Division, 447 Federal Office
Region VII—Arkansas, Louisiana, New Mex
ico, Oklahoma, and Texas.
Region VIII-Colorado, Idaho, Montana,
Utah, and Wyoming.
Region IX-Arizona, California, Nevada,
Oregon, Washington, Alaska, and Hawail.
§ 101-47.4911 Outline for explanatory statements for negotiated sales. EXPLANATORY STATEMENT OF PROPOSED NEGO Acquisition cost and date: (Line Item
TIATED DISPOSAL OF SURPLUS REAL PROPERTY separation between land, improvements, and
Appraised by: (Name and date-If not a
contract appraiser, state briefly the reason Property: (Property designation and case
another appraisal method was authorized). No.).
Proposed purchase price: Location:
Proposed purchaser: Reported excess by: (Holding agency and
Proposed use: date). Date surplus:
Background and justification: Description:
8101-47.4913 Outline for protection
and maintenance of excess and sur.
plus real property. A. General. In protecting and maintaining excess and surplus properties, the adoption of the principle of "calculated risk" 18 considered to be essential. In taking what is termed a "calculated risk," the expected losses and deteriorations in terms of realizable values are anticipated to be less in the overall than expenditures to minimize the risks. In determining the amount of protection to be supplied under this procedure, a number of factors should be considered; such as, the availability of, and the distance to, local, public, or private protection facilities; the size and value of the facility; general characteristics of structures; physical protection involving fencing, number of gates, etc.; the location and availability of com
munication facilities; and the amount and type of activity at the facility. Conditions at the various excess and surplus properties are so diverse that it is impracticable to establish a definite or fixed formula for determining the extent of protection and maintenance that should be applied. The standards or criteria set forth in B and C, below, are furnished as a guide in making such determinations.
B. Protection Standards. The following standards are furnished as a guide in determining the amount and limits of protection.
1. Properties not Requiring Protection Personnel. Fire protection or security personnel are not needed at:
(a) Facilities where there are no structures or related personal property;
(b) Facilities where the realizable or recoverable value of the improvements and related personal property subject to loss is