(a) The inventory of Federal real property was initiated and is being continued at the request of the Senate Committee on Appropriations.

(b) The House Committee on Government Operations annually requests data on all Federally-owned real property for inclusion in its real and personal property inventory reports.

§ 101-3.102 Program objectives.

The principal objectives of the Government-wide real property inventory program are:

(a) To provide a centralized source of information on Federal real property holdings.

(b) To achieve the most effective control and economical Government-wide utilization of available property,

(c) To facilitate disposal of surplus property,

(d) To provide a basis for the intelligent evaluation and appraisal of budgetary requirements, and

(e) To establish a ready reference for answering inquiries from the Congress, the press, trade associations, educational institutions, Federal, State, and local government agencies, and the general public.

§ 101-3.103 Coverage.

The inventory reports prescribed in this Part 101-3 shall cover land, buildings, and other structures and facilities throughout the world, which are owned by or leased to the United States, including wholly-owned Federal Government corporations.

§ 101-3.104 Source of data.

Data reported shall be based on agency real property and accounting records. § 101-3.105 Agency liaison.

Each reporting agency shall designate an official to serve as agency representative for each of the real property inventories. The same representative may be designated for the federally owned and leased real property inventories. The General Services Administration, Office of Finance and Administration, Washington, D.C. 20405, shall be advised in

writing of the names of all such representatives and subsequent changes. Subpart 101-3.2-Annual ReportReal Property Owned by the United States

§ 101-3.200 Scope of subpart.

This subpart prescribes the procedure and forms to be used by executive agencies in connection with annual reports on real property owned by the United States.

§ 101-3.201 Reporting agency.

Reports on real property owned by the United States shall be submitted by the agency responsible for the maintenance of real property records and accounts as prescribed by General Accounting Office principles and standards and illustrated in 2 GAO 1270 and 2 GAO 7030; i.e., the agency which has control of and the authority to assign and reassign the use of the property or any portion thereof. For purposes of this inventory, the above rule shall apply regardless of the manner of acquisition or which agency is currently using the property. For example:

(a) For general purpose buildings, such as office buildings or warehouses, which are occupied by a Federal agency or agencies upon determination by GSA, and for which GSA is responsible for elevator and guard service, and for cleaning and maintenance, GSA is the reporting agency.

(b) For special purpose buildings, such as Coast Guard stations, military reservations, hospitals, and prisons, those agencies having control of building management and operation including authority to assign or reassign space in such buildings, will be considered as the reporting agencies.

(c) Real property acquired by purchase, construction, donation, and other methods.

(d) Real property in which the Government has a long-term interest considered by the reporting agency as being equivalent to ownership.

(e) Buildings or other structures and facilities owned by the Government whether or not located on Governmentowned land.

(f) Excess and surplus real property. (The reporting agency, as defined in § 101-3.201, shall continue to retain accountability and report excess and surplus real property pending its transfer to a Federal agency or disposal.)

(g) Buildings being acquired under the terms of the Public Buildings Purchase Contract Program or Lease Purchase Agreements (39 U.S.C. 2103, 40 U.S.C. 356). Buildings shall be reported upon completion of construction. Separate annual reports shall also be submitted for real properties held in trust by the Federal Government.

Annual inventory reports on real property owned by the United States shall not include the following:

(a) Properties acquired through foreclosure, confiscation, or seizure to be liquidated in settlement of a claim or debt to the Federal Government.

(b) Rights-of-way or easements granted to the Government.

(c) Lands administered by the United States under trusteeship by authority of the United Nations.

(d) Machinery and processing equipment which are not part of the realty. (e) Land held under permit from another Government agency.

§ 101-3.204 Reports to be submitted.

(a) Each agency shall prepare in accordance with instructions in § 1013.4901-1166 (I) and submit to GSA a separate report on GSA Form 1166, Annual Report of Real Property Owned by the United States (see § 101-3.4901-1166) for:

(1) Each newly acquired or previously omitted installation.

(2) Each installation received by transfer from another Federal agency which is not merged with an existing installation.

(3) Each installation with increases or decreases in cost of $1,000 or more

affecting any line item or the total for the installation.

(4) Each installation declared excess or surplus, in whole or in part.

(5) Each disposal of a complete installation.

(6) Each installation for which a revision of an entry on a previous report is necessary to reflect a change in the name of an installation, date or method of acquisition of property, acreage, number and/or floor area of buildings, or predominant usage category of land, buildings, or other structures and facilities.

(b) Each agency shall prepare, in accordance with instructions in § 1013.4901-1209 (I) and submit to GSA a separate report on GSA Form 1209, Summary of Number of Installations Owned by the United States (see § 101-3.49011209) for each bureau or other major organizational unit, for (1) properties in the United States; and (2) properties outside the United States. Reports on GSA Form 1209 shall be submitted whether or not changes have occurred since the previous report.

§ 101-3.205 Optional reporting method.

Agencies with electrical accounting machine equipment may make arrangements with the GSA, Office of Finance and Administration, to furnish detailed machine listings together with the supporting punch cards, in lieu of GSA Forms 1166. However, GSA Forms 1209 shall be submitted as prescribed in § 101-3.204(b).

§ 101-3.206 Preparation and due dates.

The annual inventory reports prescribed in § 101-3.204 shall be prepared as of June 30, each year. An original and one copy of each report shall be submitted to the General Services Administration, Office of Finance and Administration, Washington, D.C. 20405, not later than September 1.

Subpart 101-3.3-Annual ReportReal Property Leased to the United States

§ 101-3.301 Reporting agency.

Reports on real property leased to the United States shall be submitted by the agency currently administering the lease and making payments to the lessor, regardless of which agency executed the original lease or is currently using the property.

§ 101-3.302 Coverage.

(a) The annual report of real property leased to the United States shall include all real property leased from private individuals, organizations, and municipal, county, State, and foreign governments, as evidenced by a written agreement involving a monetary consideration and a landlord-tenant relationship. It shall also include right of use and occupancy obtained under eminent domain proceedings or equivalent procedures.

(b) Real property leased rent free or for nominal rental may be included when the property is considered significant by the reporting agency. 35 Comp. Gen. 713 is suggested to a guide to help resolve questions pertaining to the definition of nominal payment.

§ 101-3.303 Exclusions.

Items to be excluded from the annual reports are: (a) real property occupied under permit or other arrangements with other Federal agencies or wholly owned Federal Government corporations; (b) leasehold improvements (Governmentowned buildings or structures located on leased land shall be reported as owned); (c) rights-of-way and easements; and (d) real property leased rent free or for nominal rent when property is not considered significant by the reporting agency.

§ 101-3.304 Reports to be submitted.

(a) Each agency shall prepare, in accordance with instructions in § 101-3.4901-1166A (I) and submit to GSA a report of its leased real property holdings on GSA Form 1166A, Annual Report of Real Property Leased to the United States (see § 101-3.4901-1166A).

(b) Each agency shall prepare, in accordance with instructions in § 101-3.4901-1209A(I) and submit to GSA a separate report on GSA Form 1209A, Comparative Summary of Properties Leased to the United States (see § 101-3.49011209A), for each bureau of other major organizational unit, for: (1) Properties

in the United States; and (2) properties outside the United States.

§ 101-3.305 Optional reporting method.

Agencies with electrical accounting equipment may make arrangements with the General Services Administration, Office of Finance and Administration, to furnish detailed machine listings, together with the supporting punch cards, in lieu of GSA Forms 1166A. However, GSA Forms 1209A shall be submitted as prescribed in § 101-3.304(b).

§ 101-3.306 Preparation and due dates.

The annual inventory reports prescribed in § 101-3.304 shall be prepared as of June 30, each year. An original and one copy of each report shall be submitted to the General Services Administration, Office of Finance and Administration, Washington, D.C. 20405, not later than October 1.

Subparts 101-3.4-101-3.48

[Reserved]

Subpart 101-3.49-Forms and
Reports

§ 101-3.4900 Scope of subpart.

This subpart contains illustrations of forms and instructions for their completion, to be used by executive agencies in connection with the submission of annual reports of real property owned by and leased to the United States. § 101-3.4901 GSA forms.

The GSA forms illustrated and instructions for their preparation are included in this subpart to provide a ready source of reference. The subsection numbers in this section correspond to the GSA form numbers and related instructions for their preparation. Thus, in § 1013.4901-1166 appears GSA Form 1166, and in § 100-3.4901-1166 (I) appears instructions for the preparation of GSA Form 1166.

NOTE: GSA forms filed with the Office of the Federal Register as part of the original document. Copies may be obtained from Central Office, GSA.

§ 101-3.4901-1166 GSA Form 1166: Annual Report of Real Property Owned by the United States.

§ 101-3.4901-1166(I) Instructions for the preparation of GSA Form 1166: Annual Report of Real Property Owned by the United States.

This subpart prescribes the terms, conditions, and procedures for the licensing of rights in domestic patents and patent applications vested in the United States of America, and for dedication of Government-owned inventions by a Government agency.

§ 101-4.101 Policy.

(a) A major premise of the Presidential Statement of Government Patent Policy, August 23, 1971 (36 FR 16887, August 26, 1971), is that Governmentowned inventions normally will best serve the public interest when they are developed to the point of practical application and made available to the public in the shortest possible time. The granting of express nonexclusive or exclusive licenses for the practice of these inventions may assist in the accomplishment of the national objective to achieve a dynamic and efficient economy. However, it is recognized that there may be inventions as to which a Government agency deems dedication preferable to accomplish these objectives.

(b) The granting of nonexclusive licenses generally is preferable since the invention is thereby laid open to all interested parties and serves to promote competition in industry, if the invention is in fact promoted commercially. However, to obtain commercial utilization of the invention, it may be necessary to grant an exclusive license for a limited period of time as an incentive for the investment of risk capital to achieve practical application of an invention.

(c) Whenever the grant of an exclusive license is deemed appropriate, it shall be negotiated on terms and conditions most favorable to the public interest. In selecting an exclusive licensee, consideration shall be given to the capabilities of the prospective licensee to further the technical and market development of the invention, his plan to undertake the development, the projected impact on competition, and the benefit to the Government and the public. Consideration shall be given also assisting small business and minority business enterprises, as well as economically depressed, low income, and labor surplus areas, and whether each or any applicant is a U.S. citizen or corporation. Where there is more than one applicant for an exclusive license, that applicant shall be

selected who is determined to be most capable of satisfying the criteria and achieving the goals set forth in this subpart.

(d) Subject to the following: (1) Specific statutes governing the utilization of patent rights of certain Government agencies, or (2) any existing or future treaty or agreement between the United States and any foreign government or intergovernmental organization, or (3) licenses under or other rights to inventions made or conceived in the course of or under Government research and development contracts where such licenses or other rights to such inventions are granted to or provided for in the contract and acquired by the party contracting with the Government agency, no license shall be granted or implied in a Government-owned invention except as provided for in this subpart.

(e) No grant of a license under this subpart shall be construed to confer upon any licensee any immunity from the antitrust laws or from a charge of patent misuse, and the acquisition and use of rights pursuant to this subpart shall not be immunized from the operation of State or Federal law by reason of the source of the grant.

§ 101-4.102 Definitions.

(a) "Government invention” means an invention covered by a domestic patent or patent application that is vested in the United States and is designated by the Government agency having custody of the invention as appropriate for the grant of an express nonexclusive or exclusive license.

(b) "To the point of practical application" means to manufacture in the case of a composition or product, to practice in the case of a process, or to operate in the case of a machine under such conditions as to establish that the invention is being worked and that its benefits are reasonably accessible to the public.

(c) "Government agency" means any executive department, independent commission, board, office, agency, administration, authority, wholly owned corporation, or other independent establishment of the executive branch of the Government of the United States of America.

(d) "The head of the Government agency" means the head of the agency or his designee.

Government inventions normally will be made available for the granting of express nonexclusive or limited exclusive licenses to responsible applicants according to the factors and conditions set forth in §§ 101-4.103-2 and 101–4. 103-3, subject to the applicable procedures of § 101-4.104.

§ 101-4.103-2 Nonexclusive license.

(a) Availability of licenses. Each Government invention normally shall be made available for the granting of nonexclusive revocable licenses, subject to the provisions of any other licenses, including those under § 101-4.103-4.

(b) Terms of grant. (1) The duration of the license shall be for a period as specified in the license agreement, provided that the licensee complies with all the terms of the license.

(2) The license shall require the licensee to bring the invention to the point of practical appplication within a period specified in the license, or such extended period as may be agreed upon, and to continue to make the benefits of the invention reasonably accessible to the public.

(3) The license may be granted for all or less than all fields of use of the invention, and throughout the United States of America, its territories and possessions, the Commonwealth of Puerto Rico, and the District of Columbia, or in any lesser geographic portion thereof.

(4) After termination of a period specified in the license agreement, the Government agency may restrict the license to the fields of use and/or geographic areas in which the licensee has brought the invention to the point of practical application and continues to make the benefits of the invention reasonably accessible to the public.

(5) The license may extend to subsidiaries and affiliates of the licensee but shall be nonassignable without approval of the Government agency, except to the successor of that part of the licensee's business to which the invention pertains. § 101-4.103-3 Limited exclusive license.

(a) Availability of licenses. Each Government invention may be made avail