41 CFR Part 120-75.785

clecrronic Locle oi Yederal Regulations:
h

Property for Correctional Facility, Law Enforcement, or Emergency Management
Response Purposes

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5 102-75.750

Who is eligible to receive surplus real and related personal property for
correctional facility, law enforcement, or emergency management response purposes?

Under 40 U.S.C. 553, the head of the disposal agency or designee may, in his or her discretion, convey,
without monetary consideration, to any State, or to those governmental bodies named in the section; or
to any political subdivision or instrumentality, surplus real and related personal property for(a) Correctional facility purposes, if the Attorney General has determined that the property is required for
such purposes and has approved an appropriate program or project for the care or rehabilitation of
criminal offenders;
(b) Law enforcement purposes, if the Attorney General has determined that the property is required for
such purposes; or
(c) Emergency management response purposes, including fire and regcue services, if the Director of the
Federal Emergency Management Agency (FEMA) has determined that the property is required for such
purposes.

5 102-75.755 Which Federal agencies must the disposal agency notify concerning the
availability of surplus properties for correctional facility, law enforcement, or
emergency management response purposes?

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The disposal agency must provide prompt notification to the Office of Justice Programs (OJP),
Department of Justice (DOJ), and FEMA that surplus property is available. The disposal agency's notice
or notification must include a copy of the landholding agency's Report of Excess Real Property
(Standard Form 118), with accompanying schedules.

3 102-75.760

Who must the Office of Justice Programs (OJP) and the Federal
Emergency Management Agency (FEMA) notify that surplus real property is available
for correctional facility, law enforcement, or emergency management response
purposes?
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OJP or FEMA must send notices of availability to the appropriate State and local public agencies. The
notices must state that OJP or FEMA, as appropriate, must coordinate and approve any planning
involved in developing a comprehensive and coordinated plan of use and procurement for the property
for correctional facility, law enforcement, or emergency management response use. The notice must
also state that public agencies may obtain application forms and preparation instructions from OclP or
F EMA.

5 102-75.765

What does the term "law enforcement" mean?

The OJP defines "law enforcement" as "any activity involving the control or reduction of crime and

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juvenile delinquency, or enforcement of the criminal law, including investigative activities such as
laboratory functions as well as training."

5 102-75.770

Is the disposal agency required to approve a determination by the
Department of Justice (DOJ) that identifies surplus property for correctional facility use
or for law enforcement use?

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Yes, the disposal agency must approve a determination, under 5102-75.795, by DOJ that identifies
surplus property required for correctional facility use or for law enforcement use before an eligible public
agency can obtain such property for correctional facility or law enforcement use.

5 102-75.775

Is the disposal agency required to approve a determination by FEMA that
identifies surplus property for emergency management response use?

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Yes, the disposal agency must approve a determination, under 5102-75.795, by FEMA that identifies
surplus property required for emergency management response use before an eligible public agency
can obtain such property for emergency management response use.

5 102-75.780

When must DOJ or FEMA notify the disposal agency that an eligible
applicant is interested in acquiring the property?

OJP or FEMA must notify the disposal agency within 30 calendar days after the date of the surplus
notice, if there is an eligible applicant interested in acquiring the property. After that 30-calendar day
period expires, OJP or FEMA then has another 30 days to review and approve an appropriate program
and notify the disposal agency of the need for the property. If no application is approved, then OJP or
FEMA must notify the disposal agency that there is no requirement for the property within the 30calendar day period allotted for review and approval.

5 102-75.785

What specifically must DOJ or FEMA address in the assignment request
or recommendation that is submitted to the disposal agency?

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Any determination that DOJ or FEMA submits to the disposal agency must provide complete information
concerning the correctional facility, law enforcement, or emergency management response use.
including(a) Identification of the property;
jb) Certification that the property is required for correctionai facility, law enforcement, or emergency
management response use;
(c) A copy of the approved application that defines the proposed plan of use; and
(d) The environmental impact of the proposed correctional facility, law enforcement, or emergency
management response use.

5 102-75.790

What responsibilities do landholding agencies and disposal agencies
have concerning properties to be used for correctional facility, law enforcement, or

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emergency management response purposes?

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Both landholding and disposal agencies must cooperate to the fullest extent possible with Federal and
State agency representatives in their inspection of such property and in furnishing information relating to
the property.

5 102-75.795

What happens after the disposal agency receives the assignment
request by DOJ or FEMA?

If, after considering other uses for the property, the disposal agency approves the assignment request
by DOJ or FEMA, the disposal agency must convey the property to the appropriate grantee. The
disposal agency must proceed with other disposal action if it does not approve the assignment request,
if DOJ or FEMA does not submit an assignment request, or if the disposal agency does not receive the
determination within the 30 calendar days specified in 5102-75.780. The disposal agency must notify
OJP or FEMA 15 days prior to any announcement of a determination to either approve or disapprove an
application for correctional, law enforcement, or emergency management response purposes and must
furnish to OJP or FEMA a copy of the conveyance documents.

§ 102-75.800 What information must be included in the deed of conveyance?

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The deed of conveyance of any surplus real property transferred under the provisions of 40 U.S.C. 553
must provide that all property be used and maintained for the purpose for which it was conveyed in
perpetuity. If the property ceases to be used or maintained for that purpose, all or any portion of the
property must, at the option of the United States, revert to the United States in its existing condition. The
deed of conveyance may contain additional terms, reservations, restrictions, and conditions the
Administrator of General Services determines to be necessary to safeguard the United States' interests.

§ 102-75.805 Who is responsible for enforcing compliance with the terms and
conditions of the transfer of the property used for correctional facility, law
enforcement, or emergency management response purposes?

The Administrator of General Services is responsible for enforcing compliance with the terms and
conditions of disposals of property to be used for correctional facility, law enforcement, or emergency
management response purposes. GSA is also responsible for reforming, correcting, or amending any
disposal instrument; granting releases; and any action necessary for recapturing the property following
the provisions of 40 U.S.C. 553(e).

§ 102-75.810 What responsibilities do OJP or FEMA have if they discover any
information indicating a change in use of a transferred property?

a

to,

Upon discovery of any information indicating a change in use, OJP or FEMA must(a) Notify GSA; and
(b) Upon request, make a redetermination of continued appropriateness of the use of a transferred

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property.

§ 102-75.815 What happens if property conveyed for correctional facility, law
enforcement, or emergency management response purposes is found to be in
noncompliance with the terms of the conveyance documents?

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OJP or FEMA must, prior to the repossession, provide the appropriate GSA regional property disposal
office with an accurate description of the real and related personal property involved. OJP or FEMA must
use the Report of Excess Real Property (Standard Form 118), and the appropriate schedules for this
purpose. After receiving a statement from OJP or FEMA that the title to the property is proposed for
revesting, GSA will review the statement and determine if title should be revested. If GSA, in
consultation with OJP or FEMA, determines that the property should be revested, 0,IP or FEMA must
submit a Standard Form 118 to GSA. GSA will review and act upon the Standard Form 118, if
acceptable. However, the grantee must provide protection and maintenance for the property until the title
reverts to the Federal Government, including the period following any notice of intent to revert. Such
protection and maintenance must, at a minimum, conform to the standards prescribed in the GSA
Customer Guide to Real Property Disposal.

Property for Port Facility Use

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