Form 119-0-1 FEMA's Excess Federal Real Property Program--Public Bene

SURPLUS FEDERAL REAL PROPERTY PUBLIC BENEFIT CONVEYANCE PROGRAM
APPLICATION AND GUIDANCE
FOR FEDERAL EMERGENCY MANAGEMENT RESPONSE AND FIRE AND RESCUE USE

ELIGIBIITY
The fifty states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated State of
Micronesia, the Marshall Islands, Palau and the Northern Mariana Islands.
DEADLINE
Completed application is due within 60 days of the announcement date of the Surplus Notice or within 30 days of the expiration date of the Surplus
Announcement
CONTACT INFORMATION
PBC/BRAC Coordinator
Federal Emergency Management Agency
Support Services and Facilities Management Real Property Division
500 C Street, SW, Washington, DC 20472
202-646-2605 (office)
202-646-4668 (fax)
[email protected]

SURPLUS FEDERAL REAL PROPERTY PUBLIC BENEFIT CONVEYANCE (PBC)
AND BASE REALIGNMENT AND CLOSURE (BRAC) PROGRAMS
BACKGROUND
Excess Federal Real property is defined as property that is no longer mission critical to the needs of the Federal government. The conveyance and
disposal of excess real property is governed by the Federal Property and Administrative Services Act of 1949 (Property Act) as amended,
40 U.S.C. 541, et.seq, and applicable regulations (Title 40 U.S.C. 533(b) (1) and (2) and 41 CFR parts 102-75.750 through 102-75.815). Under
the sponsorship of Federal Emergency Management Agency (FEMA), the Act gives the Administrator of the General Services Administration (GSA)
authority to convey Federal real and related personal property (without monetary consideration) to units of State and local government for emergency
management response purposes, including fire and rescue services.
PBC - GSA and other Federal and local government land holding agencies are tasked with regularly surveying government-owned
properties to determine if the properties are being fully utilized, underutilized, or not put to best use. GSA reviews the resulting
reports and makes a determination as to the availability of these properties. If available, GSA categorizes them as excess and the
properties are offered to other Federal government agencies for acquisition*. If no other Federal agency expresses an interest in the
excess properties, the properties are then deemed surplus and are offered to State and local government agencies for acquisition via
negotiated sale or through the vehicle known as public benefit conveyance (PBC). GSA will determine the appropriate program for
which the properties are best suited and will inform the proper sponsoring agency of availabilities. GSA is responsible for enforcing
compliance with the terms and conditions of disposals of property to be used for emergency management response purposes.
BRAC - Under the Department of Defense Base Realignment And Closure (BRAC) Act of 1990, PBC sponsoring agencies, such
as FEMA, work under the auspices of the Office of Economic Adjustment (OEA) and in conjunction with Local Redevelopment
Authorities (LRA) to efficiently utilize military base locations that have been approved for pubic use*. The LRA is responsible for
developing a reuse plan that appropriately balances the needs of the various communities affected by these modifications. OEA
manages and directs the Defense Economic Adjustment Program and coordinates the involvement of other Federal agencies and
Local Redevelopment Authorities in assisting communities that may be adversely impacted by such program changes. While GSA
assumes primary administration responsibilities for BRAC properties, final disposition rests solely with DoD.
FEMA
FEMA reviews all applications to make recommendations to the GSA Administrator or the Secretary for Defense, as to whether: (1) the use
proposed by the state or unit of local government meets the requirements of the statute; and/or (2) the environmental impact of the proposed
transfer has been properly assessed under the National Environmental Policy Act (NEPA).
FEMA is also responsible for providing interested parties with an application kit, which requests relevant information so that FEMA can determine
if the proposed use is appropriate and in compliance with applicable Federal Laws.
*In 1987, Congress enacted the Stewart B. McKinney Homeless Assistance Act. Title V of this Act made serving the homeless the first priority
for use of all surplus Federal properties, including military installations. The Department of Housing and Urban Development (HUD) reviews all
LRA plans to determine compliance with the statue.
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DISCLAIMER
Please note under 40 U.S.C. 533, the GSA Administrator and/or the Secretary for Defense has final approval authority with respect to any and all
surplus property conveyances.
ELIGIBILITY
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia,
the Marshall Islands, Palau and the Northern Mariana Islands, or any political subdivision or instrumentality thereof, may authorize applications for
conveyance of surplus real property for correctional use or law enforcement purposes.
STIPULATIONS AND COMPLIANCE
The deed of conveyance for each and every Program surplus property, stipulates that all of the subject property must always be used and
maintained for the purpose(s) set forth in the Program application. Periodic inspections of properties will be made by GSA and FEMA to ensure
continuing compliance with the terms and conditions of the conveyance. Recipients can suffer hardship and financial loss when properties revert
back to Federal ownership for noncompliance. For example, if a facility is constructed on property conveyed for Federal emergency management
response use, and is later found, instead, as being used for mental health facility purposes, the recipient would be deemed in non-compliance
and the property would be subject to reversion to the Federal Government. Recipients must coordinate any proposed deviation, however minor,
with FEMA and GSA. Recipients must also file an annual self-certification with their respective regional GSA representatives stating that their
current program of use is consistent with those identified in the application.
NON-DISCRIMINATION CLAUSE
Section 102-75.360: The Grantee covenants for itself, its heirs, successors, and assigns and every successor in interest to the property hereby
conveyed, or any part thereof, that the said Grantee and such heirs, successors, and assigns shall not discriminate upon the basis of race, creed,
color, religion, sex, disability, age, or national origin in the use, occupancy, sale, or lease of the property, or in their employment practices conducted
thereon.
INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS
To foster intergovernmental partnerships between the States and their local governments, your intent to apply for excess Federal property
must be communicated to your State's Single Point of Contact (SPOC) for review as per Executive Order 12372:
http://www.fws.gov/policy/library/rgeo12372.pdf. To determine if your State participates in this requirement, please visit the following web
site at: http://www.whitehouse.gov/omb/grants/spoc.html.
APPLICATION
Please complete and sign the attached application and submit with required attachments
Via e-mail to: [email protected]
Fax: 202-646-4668
Mail: 500 C Street, SW, Washington, DC 20472

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DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY

APPLICATION FOR SURPLUS FEDERAL REAL PROPERTY BENEFIT CONVEYANCE
AND BRAC PROGRAMS FOR EMERGENCY MANAGEMENT USE

O.M.B. NO. 1660-0080

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PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 4 hours per response. The burden estimate includes the time for reviewing instructions and
searching existing data sources, gathering and maintaining the data needed and completing and submitting the form. You are not required to respond to
this collection of information unless a valid OMB control number appears in the upper right corner on this form. Send comments regarding the accuracy of
the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal
Emergency Management Agency, 500 C Street, SW, Washington DC, 20472, Paperwork Reduction Project (1660-0080). NOTE: Send completed form
to Federal Emergency Management Agency, Support Services and Facilities Management Division, 500 C Street SW, Washington DC 20472.
SECTION I - APPLICANT
1. APPLICANT'S NAME

3. ADDRESS

2. ORGANIZATION

4. CITY

5. COUNTY

6. STATE

8. CONGRESSIONAL DISTRICT(S)

9. NAME OF PRINCIPAL POINT OF CONTACT

10. TELEPHONE AND FAX NUMBERS

11. E-MAIL ADDRESS

7. ZIP CODE

SECTION II- ACQUISITION AUTHORITY
1. Identify the State and local government agency that is authorized by law to enter into contracts with the Federal Government for the conveyance of real property. (Please provide a copy
of the State enabling legislation and cite the actual paragraph or portion of the legislation that establishes that authority.)

2. If the above-authorized agency is not the applicant agency, provide written delegation from the authorized agency to procure the requested property.

3. Acquisition Authority: Name, title, address, telephone
number, and e-mail address of official with legal authority
to enter into contracts with the Federal government - >

3a. NAME/TITLE

3b. ADDRESS (Please include city, state, and zip code.)

3c. TELEPHONE NUMBER

3d. FAX NUMBER

3e. E-MAIL ADDRESS

SECTION III - PROPERTY INFORMATION
1. PROPERTY IDENTIFICATION* (Name, city, and state)

3a. DATE APPLICANT NOTIFIED GSA OR LOCAL REDEVELOPMENT
AUTHORITY (LRA) OF INTEREST (Please attach notice.)

2. GSA NUMBER (If applicable) OR BASE REALIGNMENT IDENTIFICATION NUMBER

3b. DATE APPLICANT NOTIFIED FEMA (Please
attach notice.)

3c. DATE PROPERTY WILL BE AVAILABLE FOR
CONVEYANCE

4. DESCRIPTION OF PROPERTY (Attach separate sheet, as necessary.)
a. Provide a legal description of the subject property and identify all buildings, structures, and current use. Attach metes and bounds survey with aerial photos.
Mark property area to be conveyed.
b. Identify the property's current zoning classification.
c. Attach or itemize all inventories (personal property) to be conveyed as described in Notice of Availability.
*Attach copy of Determination of Surplus Announcement or BRAC announcement.
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SECTION III - PROPERTY INFORMATION - continued
5. ASSIGNED FEDERAL GSA OR OEA PROPERTY
SPECIALIST - >

5a. NAME

5b. REGIONAL OFFICE LOCATION

5c. TELEPHONE NUMBER

5d. FAX NUMBER

5e. E-MAIL ADDRESS

If you are seeking a determination for property under the Base Realignment and Closure (BRAC) program, please complete items #6 and #7.
6. BRAC ONLY: APPLICANT'S LOCAL REDEVELOPMENT AUTHORITY (Recognized LRA name, address, telephone & contact person; please attach copy of final LRA Plan)

7. BRAC ONLY: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) DETERMINATION (Please attach letter)
SECTION IV - PROJECT INFORMATION
1. PROJECT TITLE

2. PROPOSAL Provide a detailed description of the applicant's project and include the following information:
a. Describe the applicant's mission, problems to be addressed, and how it will benefit from the proposed PBC.
b. Describe the the activities to be conducted (e.g., training), the population the PBC will serve, and the anticipated benefits to that population.
c. Federal Emergency Management Response and Fire and Rescue Renovation: Describe the State, local or national authority standards or guidelines that will be met in
designing , renovating, and operating an emergency management facility and the process and procedural requirements that must be met to assure compliance. Provide
detailed description of design, type, and size of structure and interior floor plans.
d. Provide a schedule for accomplishing renovation/construction and implementing activities after conveyance.
SECTION V - BUDGET
a. Provide an estimate of the total funds needed to renovate, furnish, and/or remodel requested property or to construct on requested property and the projected cost to maintain it.
(Include monthly upkeep, maintenance, utilities, landscaping, telephone, Internet, etc.)
b. Give source of funds, process to obtain the funds, and projected date of availability of funds.
c. Provide a timetable for acquiring funds and maintaining funding to sustain requested property.
SECTION VI - INTERGOVERNMENTAL REVIEW
a. Applicable. Attach a copy of the cover letter addressed to the applicant's State Single Point of Contact (SPOC) for review.
b. State Single Point of Contact. Attach response from SPOC to above notification.
c. Not Applicable. Applicant's State does not require an Intergovernmental Review.
SECTION VII - ENVIRONMENTAL IMPACT
NATIONAL ENVIRONMENTAL POLICY ACT: Categorical Exclusion Checklist
All applicants for surplus property for corrections facility, emergency management, or law enforcement purposes or use must complete the attached checklist to comply with 41 U.S.C.
102-75.785(d) which states in part: "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:... (d) The environmental impact of the proposed correctional facility, law enforcement, or emergency management
response use." Complete attached National Environmental Policy Act Categorical Exclusion Checklist.
SECTION VIII - CERTIFICATIONS
1. Equal Employment Opportunity: Applicant agrees that for receiving Federal surplus real property, it will not discriminate upon the basis of race, color, national origin, sex, age, disability,
or religion in the use, occupancy, or lease of the property for the period during which the real property is used for the purpose under which the Federal financial assistance is extended.
2. Perpetual Use: Applicant understands that the property transfer is pursuant to Section 553(b)(1) and/or (2) Title 40, United States Code, and agrees that the property will be used
and maintained for Federal emergency management response purposes in perpetuity and that in the event the property ceases to be used or maintained for the purposes for which the
property was conveyed, all or any portion of the property shall in its then existing condition at the option of the grantor, revert to the grantor.
3. Application Certification: I certify that to the best of my knowledge, the information provided in this application is true and correct and the application has been duly authorized by
the governing body of the applicant.
CERTIFYING REPRESENTATIVE SIGNATURE

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DATE

PRINTED NAME

TITLE

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NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
CATEGORICAL EXCLUSION CHECKLIST
PROPERTY

ADDRESS

CITY, STATE, AND ZIP CODE

STATEMENT

YES

NO

IF "YES" PROVIDE EXPLANATION

A. Is the renovation/construction likely to be inconsistent with any
applicable Federal, State, tribal, or local law, regulation, or standard
designed to protect any aspect of the environment?
B. Is the renovation/construction likely to have results that are
inconsistent with locally desired or designated plans for the project
area or its surrounding area?

C. Is the renovation/construction likely to change the previous use
of the building or property?

D. Will the renovation/construction adversely affect an important
aspect of the natural environment such as a park, endangered
species, or important wildlife habitat?

E. Will the renovation/construction adversely affect a significant
aspect of the socio-cultural environment?

F. Is the renovation/construction likely to generate controversy on
environmental grounds?

G. Is the renovation/construction likely to result in the use, storage,
release and/or disposal of toxic, hazardous, or radioactive
materials or in exposure of persons to such materials?
H. Is the renovation/construction part of an ongoing pattern of
renovation/constructions (whether under the control of the GSA or
others) that are cumulative and likely to have adverse effects on
the human environment?
I. Is the renovation/construction likely to either occur on a structure
that is more than 50 years old or include ground disturbance of a
previously undisturbed area? If yes, contact your State Historic
Preservation Officer (SHPO) to initiate its review process.

Attach "No Effect" Letter from SHPO

J. Is the renovation/construction likely to have some other adverse
effect on public health and safety or on any other environmental
media or resources that are not specifically identified above?
K. Is the renovation/construction either so highly controversial for
environmental reasons or is likely to cause major adverse impacts
that an environmental impact statement should be initiated rather
than an environmental assessment?
DATE

SIGNATURE OF CERTIFYING OFFICIAL

TITLE

FEMA Form 60-25, JUL 09

AGENCY

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APPLICATION INSTRUCTIONS AND REQUIRED ATTACHMENTS
SECTION I - Applicant/Point of Contact

SECTION II - Acquisition Authority
Provide a copy of the governing legislation enabling applicant to receive or act on behalf of applicant for the purpose of receiving Federal
property. Attach copy and cite.
SECTION III - Property Information
3a. Applicant's Notice of Interest: Attach Notice of Interest to the General Services Administration or Department of Defense.
3b. Applicant's Notice of Interest: Attach Notice of Interest to FEMA.
4. Property's Legal Description: Attach the legal description of subject property and identification of all buildings and structures and
current use(s). Attach list of personal inventory to be conveyed with the property as found in the Notice of Availability.
*NOTE: Attach copy of Determination of Surplus Announcement or DoD (BRAC) announcement.
6. BRAC Only: Attach applicant's Local Redevelopment Authority Plan (LRA).
7. BRAC Only: Department of Housing and Urban Development's determination on compliance with the Stewart B. McKinney Homeless
Assistance Act. This can be received from your LRA or:
Base Realignment and Closure Coordinator
Department of Housing and Urban Development
Office of Special Need Assistance Programs
451 Seventh Street, SW., Room 7266
Washington, D.C. 20410
202-402-2595 (Office) / 202-401-0053 (Fax)
SECTION IV - Project/Proposal Information
Please submit as an attachment.
SECTION V - Budget
Please submit as an attachment. Applicant must show ability to maintain requested property.
SECTION VI - Intergovernmental Review
Does your State require an Intergovernmental Review? Please check the following web site for your State Point of Contact (SPOC):
http://www.whitehouse.gov/omb/grants/spoc.html. If your state is listed, submit your application to your SPOC for review, obtain the
SPOC's response, and attach to this application when submitted to FEMA. If your state is not listed, please check "C" for not applicable.
SECTION VII - National Environmental Policy Act (NEPA)
Read and complete the attached Categorical Exclusion Checklist. Sign and attach supporting documentation as needed.
SECTION VIII - Certifications

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