• Federal Property and Administrative Services Act of 1949

§ 522

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

‘‘(4) to real property on Guam that is declared excess as a result of a base closure law; or
‘‘(5) to facilities on Guam declared excess by the
managing Federal agency for the purpose of transferring the facility to a Federal agency that has occupied the facility for a minimum of 2 years when the
facility is declared excess together with the minimum land or interest therein necessary to support
the facility.
‘‘(e) DUAL CLASSIFICATION PROPERTY.—If a parcel of
real property on Guam that is declared excess as a result of a base closure law also falls within the boundary
of the Guam National Wildlife Refuge, such parcel of
property shall be disposed of in accordance with the
base closure law.
‘‘(f) AUTHORITY TO ISSUE REGULATIONS.—The Administrator of General Services, after consultation with
the Secretary of Defense and the Secretary of the Interior, may issue such regulations as he deems necessary
to carry out this section.’’

§ 522. Reimbursement for transfer of excess property
(a) IN GENERAL.—Subject to subsections (b)
and (c), the Administrator of General Services,
with the approval of the Director of the Office of
Management and Budget, shall prescribe the
amount of reimbursement required for a transfer of excess property.
(b) REIMBURSEMENT AT FAIR VALUE.—The
amount of reimbursement required for a transfer of excess property is the fair value of the
property, as determined by the Administrator,
if—
(1) net proceeds are requested under section
574(a) of this title; or
(2) either the transferor or the transferee
agency (or the organizational unit affected)
is—
(A) subject to chapter 91 of title 31; or
(B) an organization specified in section
321(c)(2) of this title.
(c) DISTRIBUTION THROUGH GENERAL SERVICES
ADMINISTRATION SUPPLY CENTERS.—Excess property determined by the Administrator to be
suitable for distribution through the supply centers of the General Services Administration
shall be retransferred at prices set by the Administrator with due regard to prices established under section 321(d) of this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1083; Pub.
L. 109–284, § 6(1), (2), Sept. 27, 2006, 120 Stat. 1212.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

522 .............

40:483(a)(1) (last sentence).

June 30, 1949, ch. 288, title
II, § 202(a)(1) (last sentence), 63 Stat. 384; July
12, 1952, ch. 703, § 1(f), 66
Stat. 593.

In subsection (a), the words ‘‘Director of the Office of
Management and Budget’’ are substituted for ‘‘Director
of the Bureau of the Budget’’ in section 202(a)(1) (last
sentence) of the Federal Property and Administrative
Services Act of 1949 because the office of Director of
the Bureau of the Budget was redesignated the Director
of the Office of Management and Budget by section
102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1,
1970, 84 Stat. 2085). Section 102 of Reorganization Plan
No. 2 of 1970, was repealed by section 5(b) of the Act of
September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the
first section of which enacted Title 31, United States
Code, but the successor provision, 31:502, continued the

Page 36

designation as Director of the Office of Management
and Budget.
In subsection (b)(1), the reference to ‘‘section 204(b)’’
in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 is translated as a reference to section 204(c) of the Act because
subsection (b) was redesignated as (c) by the Act of August 31, 1954 (ch.1178, 68 Stat. 1051).
In subsection (b)(2)(A), the words ‘‘chapter 91 of title
31’’ are substituted for ‘‘the Government Corporation
Control Act (59 Stat. 597, 31 U.S.C. 841)’’ in section
202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 because of section 4(b)
of the Act of September 13, 1982 (Public Law 97–258, 96
Stat. 1067), the first section of which enacted Title 31,
United States Code.
In subsection (c), the word ‘‘at’’ is substituted for
‘‘as’’ (in the phrase ‘‘as [sic] prices set by the Administrator’’) to reflect the probable intent of Congress. See
Senate Report No. 2075, dated July 2, 1952 (United
States Code Congressional and Administrative News,
82nd Congress, 2d Session, 1952, Volume 2, p. 2123).
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–284, § 6(1), struck out ‘‘of
this section’’ after ‘‘subsections (b) and (c)’’.
Subsec. (b). Pub. L. 109–284, § 6(2), substituted ‘‘at’’ for
‘‘At’’ in heading.

§ 523. Excess real property located on Indian reservations
(a) PROCEDURES FOR TRANSFER.—The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of
the Interior, without compensation, excess real
property located within the reservation of any
group, band, or tribe of Indians that is recognized as eligible for services by the Bureau of Indian Affairs.
(b) PROPERTY HELD IN TRUST.—
(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall hold excess real
property transferred under this section in
trust for the benefit and use of the group,
band, or tribe of Indians, within whose reservation the excess real property is located.
(2) SPECIAL REQUIREMENT FOR OKLAHOMA.—
The Secretary shall hold excess real property
that is located in Oklahoma and transferred
under this section in trust for Oklahoma Indian tribes recognized by the Secretary if the
real property—
(A) is located within boundaries of former
reservations in Oklahoma, as defined by the
Secretary, and was held in trust by the Federal Government for an Indian tribe when
the Government acquired it; or
(B) is contiguous to real property presently held in trust by the Government for an
Oklahoma Indian tribe and was held in trust
by the Government for an Indian tribe at
any time.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1083.)
HISTORICAL AND REVISION NOTES
Revised
Section
523 .............

Source (U.S. Code)
40:483(a)(2).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 202(a)(2), as added
Pub. L. 93–599, (2), Jan. 2,
1975, 88 Stat. 1954.

§ 524. Duties of executive agencies
(a) REQUIRED.—Each executive agency shall—

Page 37

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

(1) maintain adequate inventory controls
and accountability systems for property under
its control;
(2) continuously survey property under its
control to identify excess property;
(3) promptly report excess property to the
Administrator of General Services;
(4) perform the care and handling of excess
property; and
(5) transfer or dispose of excess property as
promptly as possible in accordance with authority delegated and regulations prescribed
by the Administrator.
(b) REQUIRED AS FAR AS PRACTICABLE.—Each
executive agency, as far as practicable, shall—
(1) reassign property to another activity
within the agency when the property is no
longer required for the purposes of the appropriation used to make the purchase;
(2) transfer excess property under its control
to other federal agencies and to organizations
specified in section 321(c)(2) of this title; and
(3) obtain excess property from other federal
agencies.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1084.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

524(a) .........

40:483(b).

524(b) .........

40:483(c).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 202(b), 63 Stat. 384.
June 30, 1949, ch. 288, title
II, § 202(c), 63 Stat. 384;
July 12, 1952, ch. 703, § 1(g),
66 Stat. 593.

In clause (a)(2), the word ‘‘identify’’ is substituted for
‘‘determine which is’’ to eliminate unnecessary words.
In clause (b)(1), the words ‘‘determined to be’’ are
omitted as unnecessary.
OMB REPORT
Pub. L. 109–396, title IV, § 408, Dec. 15, 2006, 120 Stat.
2720, provided that:
‘‘(a) OMB REPORT ON SURPLUS AND EXCESS PROPERTY.—Not later than 6 months after the date of enactment of this Act [Dec. 15, 2006], the Director of the Office of Management and Budget shall submit a report
on surplus and excess government property to Congress
including—
‘‘(1) the total value and amount of surplus and excess government property, provided in the aggregate,
as well as totaled by agency; and
‘‘(2) a list of the 100 most eligible surplus government properties for sale and how much they are
worth.
‘‘(b) DATA SHARING AMONG FEDERAL AGENCIES.—Not
later than 6 months after the date of enactment of this
Act [Dec. 15, 2006], the Director of the Office of Management and Budget shall—
‘‘(1) develop and implement procedures requiring
Federal agencies to share data on surplus and excess
Federal real property under the jurisdiction of each
agency; and
‘‘(2) report to Congress on the development and implementation of such procedures.’’

§ 525. Excess personal property for federal agency grantees
(a) GENERAL PROHIBITION.—A federal agency is
prohibited from obtaining excess personal property for the purpose of furnishing the property
to a grantee of the agency, except as provided in
this section.
(b) EXCEPTION FOR PUBLIC AGENCIES AND TAXEXEMPT NONPROFIT ORGANIZATIONS.—

§ 525

(1) IN GENERAL.—Under regulations the Administrator of General Services may prescribe,
a federal agency may obtain excess personal
property for the purpose of furnishing it to a
public agency or an organization that is nonprofit and exempt from taxation under section
501 of the Internal Revenue Code of 1986 (26
U.S.C. 501), if—
(A) the agency or organization is conducting a federally sponsored project pursuant to
a grant made for a specific purpose with a
specific termination provision;
(B) the property is to be furnished for use
in connection with the grant; and
(C)(i) the sponsoring federal agency pays
an amount equal to 25 percent of the original
acquisition cost (except for costs of care and
handling) of the excess property; and
(ii) the amount is deposited in the Treasury as miscellaneous receipts.
(2) TITLE.—Title to excess property obtained
under this subsection vests in the grantee. The
grantee shall account for and dispose of the
property in accordance with procedures governing accountability for personal property
acquired under grant agreements.
(c) EXCEPTION FOR CERTAIN PROPERTY
NISHED BY SECRETARY OF AGRICULTURE.—
(1) DEFINITION.—In this subsection, the

FUR-

term
‘‘State’’ means a State of the United States,
Puerto Rico, Guam, American Samoa, the
Northern Mariana Islands, the Federated
States of Micronesia, the Marshall Islands,
Palau, the Virgin Islands, and the District of
Columbia.
(2) IN GENERAL.—Under regulations and restrictions the Administrator may prescribe,
subsection (a) does not apply to property furnished by the Secretary of Agriculture to—
(A) a state 1 or county extension service
engaged in cooperative agricultural extension work under the Smith-Lever Act (7
U.S.C. 341 et seq.);
(B) a state 1 experiment station engaged in
cooperative agricultural research work
under the Hatch Act of 1887 (7 U.S.C. 361a et
seq.); or
(C) an institution engaged in cooperative
agricultural research or extension work
under section 1433, 1434, 1444, or 1445 of the
National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C.
3195, 3196, 3221, or 3222), or the Act of October
10, 1962 (16 U.S.C. 582a et seq.), if the Federal
Government retains title.

(d) OTHER EXCEPTIONS.—Under regulations and
restrictions the Administrator may prescribe,
subsection (a) does not apply to—
(1) property furnished under section 608 of
the Foreign Assistance Act of 1961 (22 U.S.C.
2358), to the extent that the Administrator determines that the property is not needed for
donation under section 549 of this title;
(2) scientific equipment furnished under section 11(e) of the National Science Foundation
Act of 1950 (42 U.S.C. 1870(e));
(3) property furnished under section 203 of
the Department of Agriculture Organic Act of
1 So

in original. Probably should be capitalized.