41 CFR 102-75

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Federal Management Regulation

Pt. 102–75

(b) Space occupied by a tenant agency for
commercial purposes only with written permission of an authorized official of the occupying agency concerned; and
(c) Building entrances, lobbies, foyers, corridors, or auditoriums for news purposes.
Dogs and Other Animals (41 CFR 102–74.425).
No person may bring dogs or other animals
on Federal property for other than official
purposes. However, a disabled person may
bring a seeing-eye dog, a guide dog, or other
animal assisting or being trained to assist
that individual.
Breastfeeding (41 CFR 102–74.426). Public
Law 108–199, Section 629, Division F, Title VI
(January 23, 2004), provides that a woman
may breastfeed her child at any location in
a Federal building or on Federal property, if
the woman and her child are otherwise authorized to be present at the location.
Vehicular and Pedestrian Traffic (41 CFR
102–74.430). All vehicle drivers entering or
while on Federal property—
(a) Must drive in a careful and safe manner
at all times;
(b) Must comply with the signals and directions of Federal police officers or other authorized individuals;
(c) Must comply with all posted traffic
signs;
(d) Must comply with any additional posted traffic directives approved by the GSA Regional Administrator, which will have the
same force and effect as these regulations;
(e) Are prohibited from blocking entrances,
driveways, walks, loading platforms, or fire
hydrants; and
(f) Are prohibited from parking on Federal
property without a permit. Parking without
authority, parking in unauthorized locations
or in locations reserved for other persons, or
parking contrary to the direction of posted
signs is prohibited. Vehicles parked in violation, where warning signs are posted, are
subject to removal at the owner’s risk and
expense. Federal agencies may take as proof
that a motor vehicle was parked in violation
of these regulations or directives as prima
facie evidence that the registered owner was
responsible for the violation.
Explosives (41 CFR 102–74.435). No person entering or while on property may carry or
possess explosives, or items intended to be
used to fabricate an explosive or incendiary
device, either openly or concealed, except for
official purposes.
Weapons (41 CFR 102–74.440). Federal law
prohibits the possession of firearms or other
dangerous weapons in Federal facilities and
Federal court facilities by all persons not
specifically authorized by Title 18, United
States Code, Section 930. Violators will be
subject to fine and/or imprisonment for periods up to five (5) years.
Nondiscrimination (41 CFR 102–74.445). Federal agencies must not discriminate by segregation or otherwise against any person or

persons because of race, creed, religion, age,
sex, color, disability, or national origin in
furnishing or by refusing to furnish to such
person or persons the use of any facility of a
public nature, including all services, privileges, accommodations, and activities provided on the property.
Penalties (41 CFR 102–74.450). A person found
guilty of violating any rule or regulation in
subpart C of this part while on any property
under the charge and control of the U.S.
General Services Administration shall be
fined under title 18 of the United States
Code, imprisoned for not more than 30 days,
or both.
Impact on Other Laws or Regulations (41 CFR
102–74.455). No rule or regulation in this subpart may be construed to nullify any other
Federal laws or regulations or any State and
local laws and regulations applicable to any
area in which the property is situated (40
U.S.C. 121 (c)).
WARNING—WEAPONS PROHIBITED
Federal law prohibits the possession of
firearms or other dangerous weapons in Federal facilities and Federal court facilities by
all persons not specifically authorized by
Title 18, United States Code, Section 930.
Violators will be subject to fine and/or imprisonment for periods up to five (5) years.

PART 102–75—REAL PROPERTY
DISPOSAL
Subpart A—General Provisions
Sec.
102–75.5 What is the scope of this part?
102–75.10 What basic real property disposal
policy governs disposal agencies?
REAL PROPERTY DISPOSAL SERVICES
102–75.15 What real property disposal services must disposal agencies provide under
a delegation of authority from GSA?
102–75.20 How can Federal agencies with
independent disposal authority obtain related disposal services?

Subpart B—Utilization of Excess Real
Property
102–75.25 What are landholding agencies’ responsibilities concerning the utilization
of excess property?
102–75.30 What are disposal agencies’ responsibilities concerning the utilization
of excess property?
102–75.35 [Reserved]
STANDARDS
102–75.40 What are the standards that each
Executive agency must use to identify
unneeded Federal real property?

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Pt. 102–75

41 CFR Ch. 102 (7–1–13 Edition)

102–75.45 What does the term ‘‘Not utilized’’
mean?
102–75.50 What does the term ‘‘Underutilized’’ mean?
102–75.55 What does the term ‘‘Not being put
to optimum use’’ mean?
GUIDELINES
102–75.60 What are landholding agencies’ responsibilities concerning real property
surveys?
102–75.65 Why is it important for Executive
agencies to notify the disposal agency of
its real property needs?
102–75.70 Are their any exceptions to this
notification policy?
102–75.75 What is the most important consideration in evaluating a proposed
transfer of excess real property?
102–75.80 What are an Executive agency’s responsibilities before requesting a transfer of excess real property?
102–75.85 Can disposal agencies transfer excess real property to agencies for programs that appear to be scheduled for
substantial curtailment or termination?
102–75.90 How is excess real property needed
for office, storage, and related purposes
normally transferred to the requesting
agency?
102–75.95 Can Federal agencies that normally do not require real property (other
than for office, storage, and related purposes) or that may not have statutory
authority to acquire such property, obtain the use of excess real property?
LAND WITHDRAWN OR RESERVED FROM THE
PUBLIC DOMAIN
102–75.100 When an agency holds land withdrawn or reserved from the public domain and determines that it no longer
needs this land, what must it do?
102–75.105 What responsibility does the Department of the Interior have if it determines that minerals in the land are unsuitable for disposition under the public
land mining and mineral leasing laws?
TRANSFERS UNDER OTHER LAWS
102–75.110 Can transfers of real property be
made under authority of laws other than
those codified in Title 40 of the United
States Code?
REPORTING OF EXCESS REAL PROPERTY
102–75.115 Must reports of excess real property and related personal property be
prepared on specific forms?
102–75.120 Is there any other information
that needs to accompany (or be submitted with) the Report of Excess Real
Property (Standard Form 118)?

TITLE REPORT
102–75.125 What information must agencies
include in the title report?
102–75.130 If hazardous substance activity
took place on the property, what specific
information must an agency include on
the title report?
102–75.135 If no hazardous substance activity
took place on the property, what specific
information must an agency include in
the title report?
OTHER NECESSARY INFORMATION
102–75.140 In addition to the title report,
and all necessary environmental information and certifications, what information must an Executive agency transmit
with the Report of Excess Real Property
(Standard Form 118)?
EXAMINATION FOR ACCEPTABILITY
102–75.145 Is GSA required to review each
report of excess?
102–75.150 What happens when GSA determines that the report of excess is adequate?
102–75.155 What happens if GSA determines
that the report of excess is insufficient?
DESIGNATION AS PERSONAL PROPERTY
102–75.160 Should
prefabricated
movable
structures be designated real or personal
property for disposition purposes?
102–75.165 Should related personal property
be designated real or personal property
for disposition purposes?
102–75.170 What happens to the related personal property in a structure scheduled
for demolition?
TRANSFERS
102–75.175 What are GSA’s responsibilities
regarding transfer requests?
102–75.180 May landholding agencies transfer excess real property without notifying GSA?
102–75.185 In those instances where landholding agencies may transfer excess real
property without notifying GSA, which
policies must they follow?
102–75.190 What amount must the transferee
agency pay for the transfer of excess real
property?
102–75.195 If the transferor agency is a wholly owned Government corporation, what
amount must the transferee agency pay?
102–75.200 What amount must the transferee
agency pay if property is being transferred for the purpose of upgrading the
transferee agency’s facilities?
102–75.205 Are transfers ever made without
reimbursement by the transferee agency?
102–75.210 What must a transferee agency
include in its request for an exception

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Federal Management Regulation

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from the 100 percent reimbursement requirement?
102–75.215 Who must endorse requests for exception to the 100 percent reimbursement
requirement?
102–75.220 Where should an agency send a request for exception to the 100 percent reimbursement requirement?
102–75.225 Who must review and approve a
request for exception from the 100 percent reimbursement requirement?
102–75.230 Who is responsible for property
protection and maintenance costs while
the request for exception is being reviewed?
102–75.235 May disposal agencies transfer excess property to the Senate, the House of
Representatives, and the Architect of the
Capitol?
TEMPORARY UTILIZATION
102–75.240 May excess real property be temporarily assigned/reassigned?
NON-FEDERAL INTERIM USE OF EXCESS
PROPERTY

Chapter 5 of Subtitle I of Title 40 of the
United States Code?
CREDIT DISPOSALS
102–75.295 What is the policy on extending
credit in connection with the disposal of
surplus property?
DESIGNATION OF DISPOSAL AGENCIES
102–75.296 When may a landholding agency
other than GSA be the disposal agency
for real and related personal property?
102–75.297 Are there any exceptions to when
landholding agencies may serve as the
disposal agency?
102–75.298 Can agencies request that GSA be
the disposal agency for real property and
real property interests described in § 102–
75.296?
102–75.299 What are landholding agencies’
responsibilities if GSA conducts the disposal?
APPRAISAL

102–75.245 When can landholding agencies
grant rights for non-Federal interim use
of excess property reported to GSA?

Subpart C—Surplus Real Property Disposal
102–75.250 What general policy must the disposal agency follow concerning the disposal of surplus property?
102–75.255 What are disposal agencies’ specific responsibilities concerning the disposal of surplus property?
102–75.260 When may the disposal agency
dispose of surplus real property by exchange for privately owned property?
102–75.265 Are conveyance documents required to identify all agreements and
representations concerning property restrictions and conditions?

102–75.300 Are appraisals required for all
real property disposal transactions?
102–75.305 What type of appraisal value
must be obtained for real property disposal transactions?
102–75.310 Who must agencies use to appraise the real property?
102–75.315 Are appraisers authorized to consider the effect of historic covenants on
the fair market value?
102–75.320 Does appraisal information need
to be kept confidential?
INSPECTION
102–75.325 What responsibility does the landholding agency have to provide persons
the opportunity to inspect available surplus property?
SUBMISSION OF OFFERS TO PURCHASE OR
LEASE

APPLICABILITY OF ANTITRUST LAWS
102–75.270 Must antitrust laws be considered
when disposing of property?
102–75.275 Who determines whether the proposed disposal would create or maintain
a situation inconsistent with antitrust
laws?
102–75.280 What information concerning a
proposed disposal must a disposal agency
provide to the Attorney General to determine the applicability of antitrust laws?
102–75.285 Can a disposal agency dispose of
real property to a private interest specified in § 102–75.270 before advice is received from the Attorney General?
DISPOSALS UNDER OTHER LAWS
102–75.290 Can disposals of real property be
made under authority of laws other than

102–75.330 What form must all offers to purchase or lease be in?
PROVISIONS RELATING TO ASBESTOS
102–75.335 Where asbestos is identified, what
information must the disposal agency incorporate into the offer to purchase and
the conveyance document?
PROVISIONS RELATING TO HAZARDOUS
SUBSTANCE ACTIVITY
102–75.340 Where hazardous substance activity has been identified on property proposed for disposal, what information
must the disposal agency incorporate
into the offer to purchase and the conveyance document?

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102–75.345 What is different about the statements in the offer to purchase and conveyance document if the sale is to a potentially responsible party with respect
to the hazardous substance activity?
PUBLIC BENEFIT CONVEYANCES
102–75.350 What are disposal agencies’ responsibilities concerning public benefit
conveyances?
102–75.351 May the disposal agency waive
screening for public benefit conveyances?
102–75.355 What clause must be in the offer
to purchase and the conveyance documents for public benefit conveyances?
102–75.360 What wording must be in the nondiscrimination clause that is required in
the offer to purchase and the conveyance
document?
POWER TRANSMISSION LINES
102–75.365 Do disposal agencies have to notify State entities and Government agencies that a surplus power transmission
line and right-of-way is available?
102–75.370 May a State, or any political subdivision thereof, certify to a disposal
agency that it needs a surplus power
transmission line and the right-of-way
acquired for its construction to meet the
requirements of a public or cooperative
power project?
102–75.375 What happens once a State, or political subdivision, certifies that it needs
a surplus power transmission line and
the right-of-way acquired for its construction to meet the requirements of a
public or cooperative power project?
102–75.380 May power transmission lines and
rights-of-way be disposed of in other
ways?
PROPERTY FOR PUBLIC AIRPORTS
102–75.385 Do disposal agencies have the responsibility to notify eligible public
agencies that airport property has been
determined to be surplus?
102–75.390 What does the term ‘‘surplus airport property’’ mean?
102–75.395 May surplus airport property be
conveyed or disposed of to a State, political subdivision, municipality, or taxsupported institution for a public airport?
102–75.400 Is industrial property located on
an airport also considered to be ‘‘airport
property’’?
102–75.405 What responsibilities does the
Federal Aviation Administration (FAA)
have after receiving a copy of the notice
(and a copy of the Report of Excess Real
Property (Standard Form 118)) given to
eligible public agencies that there is surplus airport property?
102–75.410 What action must the disposal
agency take after an eligible public agen-

cy has submitted a plan of use and application to acquire property for a public
airport?
102–75.415 What happens after the disposal
agency receives the FAA’s recommendation for disposal of the property for a
public airport?
102–75.420 What happens if the FAA informs
the disposal agency that it does not recommend disposal of the property for a
public airport?
102–75.425 Who has sole responsibility for
enforcing compliance with the terms and
conditions of disposal for property disposed of for use as a public airport?
102–75.430 What happens if property conveyed for use as a public airport is revested in the United States?
102–75.435 Does the Airport and Airway Development Act of 1970, as amended (Airport Act of 1970) apply to the transfer of
airports to State and local agencies?
PROPERTY FOR USE AS HISTORIC MONUMENTS
102–75.440 Who must disposal agencies notify that surplus property is available for
historic monument use?
102–75.445 Who can convey surplus real and
related personal property for historic
monument use?
102–75.450 What type of property is suitable
or desirable for use as a historic monument?
102–75.455 May historic monuments be used
for revenue-producing activities?
102–75.460 What information must disposal
agencies furnish eligible public agencies?
102–75.465 What information must eligible
public agencies interested in acquiring
real property for use as a historic monument submit to the appropriate regional
or field offices of the National Park
Service (NPS) of the Department of the
Interior (DOI)?
102–75.470 What action must NPS take after
an eligible public agency has submitted
an application for conveyance of surplus
property for use as a historic monument?
102–75.475 What happens after the disposal
agency receives the Secretary of the Interior’s determination for disposal of the
surplus property for a historic monument and compatible revenue-producing
activities?
102–75.480 Who has the responsibility for enforcing compliance with the terms and
conditions of disposal for surplus property conveyed for use as a historic monument?
102–75.485 What happens if property that
was conveyed for use as a historic monument is revested in the United States?

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PROPERTY FOR EDUCATIONAL AND PUBLIC
HEALTH PURPOSES
102–75.490 Who must notify eligible public
agencies that surplus real property for
educational and public health purposes is
available?
102–75.495 May the Department of Education
(ED) or the Department of Health and
Human Services (HHS) notify nonprofit
organizations that surplus real property
and related personal property is available for educational and public health
purposes?
102–75.500 Which Federal agencies may the
head of the disposal agency (or his or her
designee) assign for disposal surplus real
property to be used for educational and
public health purposes?
102–75.505 Is the request for educational or
public health use of a property by an eligible nonprofit institution contingent
upon the disposal agency’s approval?
102–75.510 When must the Department of
Education and the Department of Health
and Human Services notify the disposal
agency that an eligible applicant is interested in acquiring the property?
102–75.515 What action must the disposal
agency take after an eligible public agency has submitted a plan of use for property for an educational or public health
requirement?
102–75.520 What must the Department of
Education or the Department of Health
and Human Services address in the assignment recommendation that is submitted to the disposal agency?
102–75.525 What responsibilities do landholding agencies have concerning properties to be used for educational and public health purposes?
102–75.530 What happens if the Department
of Education or the Department of
Health and Human Services does not approve any applications for conveyance of
the property for educational or public
health purposes?
102–75.535 What responsibilities does the Department of Education or the Department of Health and Human Services have
after receiving the disposal agency’s assignment letter?
102–75.540 Who is responsible for enforcing
compliance with the terms and conditions of the transfer for educational or
public health purposes?
102–75.545 What happens if property that
was transferred to meet an educational
or public health requirement is revested
in the United States for noncompliance
with the terms of sale, or other cause?
PROPERTY FOR PROVIDING SELF-HELP
HOUSING OR HOUSING ASSISTANCE
102–75.550 What does ‘‘self-help housing or
housing assistance’’ mean?

102–75.555 Which Federal agency receives
the property assigned for self-help housing or housing assistance for low-income
individuals or families?
102–75.560 Who notifies eligible public agencies that real property to be used for selfhelp housing or housing assistance purposes is available?
102–75.565 Is the requirement for self-help
housing or housing assistance use of the
property by an eligible public agency or
nonprofit organization contingent upon
the disposal agency’s approval of an assignment recommendation from the Department of Housing and Urban Development (HUD)?
102–75.570 What happens if the disposal
agency does not approve the assignment
recommendation?
102–75.575 Who notifies nonprofit organizations that surplus real property and related personal property to be used for
self-help housing or housing assistance
purposes is available?
102–75.580 When must HUD notify the disposal agency that an eligible applicant is
interested in acquiring the property?
102–75.585 What action must the disposal
agency take after an eligible public agency has submitted a plan of use for property for a self-help housing or housing
assistance requirement?
102–75.590 What does the assignment recommendation contain?
102–75.595 What responsibilities do landholding agencies have concerning properties to be used for self-help housing or
housing assistance use?
102–75.600 What happens if HUD does not approve any applications for self-help housing or housing assistance use?
102–75.605 What responsibilities does HUD
have after receiving the disposal agency’s assignment letter?
102–75.610 Who is responsible for enforcing
compliance with the terms and conditions of the transfer of the property for
self-help housing or housing assistance
use?
102–75.615 Who is responsible for enforcing
compliance with the terms and conditions of property transferred under section 414(a) of the 1969 HUD Act?
102–75.620 What happens if property that
was transferred to meet a self-help housing or housing assistance use requirement is found to be in noncompliance
with the terms of sale?
PROPERTY FOR USE AS PUBLIC PARK OR
RECREATION AREAS
102–75.625 Which Federal agency is assigned
surplus real property for public park or
recreation purposes?
102–75.630 Who must disposal agencies notify that real property for public park or
recreation purposes is available?

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102–75.635 What information must the Department of the Interior (DOI) furnish eligible public agencies?
102–75.640 When must DOI notify the disposal agency that an eligible applicant is
interested in acquiring the property?
102–75.645 What responsibilities do landholding agencies have concerning properties to be used for public park or recreation purposes?
102–75.650 When must DOI request assignment of the property?
102–75.655 What does the assignment recommendation contain?
102–75.660 What happens if DOI does not approve any applications or does not submit an assignment recommendation?
102–75.665 What happens after the disposal
agency receives the assignment recommendation from DOI?
102–75.670 What responsibilities does DOI
have after receiving the disposal agency’s assignment letter?
102–75.675 What responsibilities does the
grantee or recipient of the property have
in accomplishing or completing the
transfer?
102–75.680 What information must be included in the deed of conveyance of any
surplus property transferred for public
park or recreation purposes?
102–75.685 Who is responsible for enforcing
compliance with the terms and conditions of the transfer of property used for
public park or recreation purposes?
102–75.690 What happens if property that
was transferred for use as a public park
or recreation area is revested in the
United States by reason of noncompliance with the terms or conditions of disposal, or for other cause?
PROPERTY FOR DISPLACED PERSONS
102–75.695 Who can receive surplus real
property for the purpose of providing replacement housing for persons who are to
be displaced by Federal or Federally assisted projects?
102–75.700 Which Federal agencies may solicit applications from eligible State
agencies interested in acquiring the
property to provide replacement housing
for persons being displaced by Federal or
Federally assisted projects?
102–75.705 When must the Federal agency
notify the disposal agency that an eligible State agency is interested in acquiring the property under section 218?
102–75.710 What responsibilities do landholding and disposal agencies have concerning properties used for providing replacement housing for persons who will
be displaced by Federal or Federally assisted projects?
102–75.715 When can a Federal agency request transfer of the property to the selected State agency?

102–75.720 Is there a specific or preferred format for the transfer request and who
should receive it?
102–75.725 What does the transfer request
contain?
102–75.730 What happens if a Federal agency
does not submit a transfer request to the
disposal agency for property to be used
for replacement housing for persons who
will be displaced by Federal or Federally
assisted projects?
102–75.735 What happens after the disposal
agency receives the transfer request from
the Federal agency?
102–75.740 Does the State agency have any
responsibilities in helping to accomplish
the transfer of the property?
102–75.745 What happens if the property
transfer request is not approved by the
disposal agency?
PROPERTY FOR CORRECTIONAL FACILITY, LAW
ENFORCEMENT, OR EMERGENCY MANAGEMENT RESPONSE PURPOSES
102–75.750 Who is eligible to receive surplus
real and related personal property for
correctional facility, law enforcement, or
emergency management response purposes?
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?
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?
102–75.765 What does the term ‘‘law enforcement’’ mean?
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?
102–75.775 Is the disposal agency required to
approve a determination by FEMA that
identifies surplus property for emergency
management response use?
102–75.780 When must DOJ or FEMA notify
the disposal agency that an eligible applicant is interested in acquiring the
property?
102–75.785 What specifically must DOJ or
FEMA address in the assignment request
or recommendation that is submitted to
the disposal agency?
102–75.790 What responsibilities do landholding agencies and disposal agencies
have concerning properties to be used for
correctional facility, law enforcement, or
emergency management response purposes?

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102–75.795 What happens after the disposal
agency receives the assignment request
by DOJ or FEMA?
102–75.800 What information must be included in the deed of conveyance?
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?
102–75.810 What responsibilities do OJP or
FEMA have if they discover any information indicating a change in use of a
transferred 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?
PROPERTY FOR PORT FACILITY USE
102–75.820 Which Federal agency is eligible
to receive surplus real and related personal property for the development or
operation of a port facility?
102–75.825 Who must the disposal agency notify when surplus real and related personal property is available for port facility use?
102–75.830 What does the surplus notice contain?
102–75.835 When must DOT notify the disposal agency that an eligible applicant is
interested in acquiring the property?
102–75.840 What action must the disposal
agency take after an eligible public agency has submitted a plan of use for and an
application to acquire a port facility
property?
102–75.845 What must DOT address in the assignment recommendation submitted to
the disposal agency?
102–75.850 What responsibilities do landholding agencies have concerning properties to be used in the development or
operation of a port facility?
102–75.855 What happens if DOT does not
submit an assignment recommendation?
102–75.860 What happens after the disposal
agency receives the assignment recommendation from DOT?
102–75.865 What responsibilities does DOT
have after receiving the disposal agency’s assignment letter?
102–75.870 Who is responsible for enforcing
compliance with the terms and conditions of the port facility conveyance?
102–75.875 What happens in the case of repossession by the United States under a
reversion of title for noncompliance with
the terms or conditions of conveyance?

NEGOTIATED SALES
102–75.880 When may Executive agencies
conduct negotiated sales?
102–75.885 What are the disposal agency’s responsibilities
concerning
negotiated
sales?
102–75.890 What clause must be in the offer
to purchase and conveyance documents
for negotiated sales to public agencies?
102–75.895 What wording must generally be
in the excess profits clause that is required in the offer to purchase and in the
conveyance document?
102–75.900 What is a negotiated sale for economic development purposes?
EXPLANATORY STATEMENTS FOR NEGOTIATED
SALES
102–75.905 When must the disposal agency
prepare an explanatory statement?
102–75.910 Are there any exceptions to this
policy of preparing explanatory statements?
102–75.915 Do disposal agencies need to retain a copy of the explanatory statement?
102–75.920 Where is the explanatory statement sent?
102–75.925 Is GSA required to furnish the
disposal agency with the explanatory
statement’s transmittal letter sent to
Congress?
102–75.930 What happens if there is no objection by an appropriate committee or subcommittee of Congress concerning the
proposed negotiated sale?
PUBLIC SALES
102–75.935 What are disposal agencies’ responsibilities concerning public sales?
DISPOSING OF EASEMENTS
102–75.936 When can an agency dispose of an
easement?
102–75.937 Can an easement be released or
disposed of at no cost?
102–75.938 May the easement and the land
that benefited from the easement (dominant estate) be disposed of separately?
GRANTING EASEMENTS
102–75.939 When can agencies grant easements?
102–75.940 Can agencies grant easements at
no cost?
102–75.941 Does an agency retain responsibility for the easement?
102–75.942 What must agencies consider
when granting easements?
102–75.943 What happens if granting an easement will reduce the value of the property?

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Pt. 102–75

41 CFR Ch. 102 (7–1–13 Edition)

NON-FEDERAL INTERIM USE OF SURPLUS
PROPERTY

DETERMINATIONS

102–75.944 Can landholding agencies outlease
surplus real property for non-Federal interim use?

Subpart D—Management of Excess and
Surplus Real Property
102–75.945 What is GSA’s policy concerning
the physical care, handling, protection,
and maintenance of excess and surplus
real property and related personal property?
TAXES AND OTHER OBLIGATIONS
102–75.950 Who has the responsibility for
paying
property-related
obligations
pending transfer or disposal of the property?
DECONTAMINATION
102–75.955 Who is responsible for decontaminating excess and surplus real property?
IMPROVEMENTS OR ALTERATIONS
102–75.960 May landholding agencies make
improvements or alterations to excess or
surplus property in those cases where
disposal is otherwise not feasible?
PROTECTION AND MAINTENANCE
102–75.965 Who must perform the protection
and maintenance of excess and surplus
real property pending transfer to another
Federal agency or disposal?
102–75.970 How long is the landholding agency responsible for the expense of protection and maintenance of excess and surplus real property pending its transfer or
disposal?
102–75.975 What happens if the property is
not conveyed or disposed of during this
time frame?
102–75.980 Who is responsible for protection
and maintenance expenses if there is no
written agreement or no Congressional
appropriation to the disposal agency?
ASSISTANCE IN DISPOSITION
102–75.985 Is the landholding agency required to assist the disposal agency in
the disposition process?

Subpart E—Abandonment, Destruction, or
Donation to Public Bodies
102–75.990 May Federal agencies abandon,
destroy, or donate to public bodies real
property?
DANGEROUS PROPERTY
102–75.995 May Federal agencies dispose of
dangerous property?

102–75.1000 How is the decision made to
abandon, destroy, or donate property?
102–75.1005 Who can make the determination within the Federal agency on whether a property can be abandoned, destroyed, or donated?
102–75.1010 When is a reviewing authority
required to approve the determination
concerning a property that is to be abandoned, destroyed, or donated?
RESTRICTIONS
102–75.1015 Are there any restrictions on
Federal agencies concerning property donations to public bodies?
DISPOSAL COSTS
102–75.1020 Are public bodies ever required
to pay the disposal costs associated with
donated property?
ABANDONMENT AND DESTRUCTION
102–75.1025 When can a Federal agency abandon or destroy improvements on land or
related personal property in lieu of donating it to a public body?
102–75.1030 May Federal agencies abandon or
destroy property in any manner they decide?
102–75.1035 Are there any restrictions on
Federal agencies concerning the abandonment or destruction of improvements
on land or related personal property?
102–75.1040 May Federal agencies abandon or
destroy improvements on land or related
personal property before public notice is
given of such proposed abandonment or
destruction?
102–75.1045 Are there exceptions to the policy that requires public notice be given
before Federal agencies abandon or destroy improvements on land or related
personal property?
102–75.1050 Is there any property for which
this subpart does not apply?

Subpart F—Delegations
DELEGATION TO THE DEPARTMENT OF DEFENSE
(DOD)
102–75.1055 What is the policy governing delegations of real property disposal authority to the Secretary of Defense?
102–75.1060 What must the Secretary of Defense do before determining that DoDcontrolled excess real property and related personal property is not required
for the needs of any Federal agency and
prior to disposal?
102–75.1065 When using a delegation of real
property disposal authority under this
subpart, is DoD required to report excess
property to GSA?

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Federal Management Regulation

Pt. 102–75

102–75.1070 Can this delegation of authority
to the Secretary of Defense be redelegated?
DELEGATION TO THE DEPARTMENT OF
AGRICULTURE (USDA)
102–75.1075 What is the policy governing delegations of real property disposal authority to the Secretary of Agriculture?
102–75.1080 What must the Secretary of Agriculture do before determining that
USDA-controlled excess real property
and related personal property is not required for the needs of any Federal agency and prior to disposal?
102–75.1085 When using a delegation of real
property disposal authority under this
subpart, is the USDA required to report
excess property to GSA?
102–75.1090 Can this delegation of authority
to the Secretary of Agriculture be redelegated?

gift of real property for a particular defense purpose?
102–75.1145 What action must the Federal
agency receiving an offer of a conditional
gift take?
102–75.1150 What happens to the gift if GSA
determines it to be acceptable?
102–75.1155 May an acceptable gift of property be converted to money?

Subpart H—Use of Federal Real Property to
Assist the Homeless
DEFINITIONS
102–75.1160 What definitions apply to this
subpart?
APPLICABILITY
102–75.1165 What is the applicability of this
subpart?
COLLECTING THE INFORMATION
102–75.1170 How will information be collected?

DELEGATION TO THE DEPARTMENT OF THE
INTERIOR
102–75.1095 What is the policy governing delegations of authority to the Secretary of
the Interior?
102–75.1100 Can this delegation of authority
to the Secretary of the Interior be redelegated?
102–75.1105 What other responsibilities does
the Secretary of the Interior have under
this delegation of authority?

SUITABILITY DETERMINATION
102–75.1175 Who issues the suitability determination?
REAL PROPERTY REPORTED EXCESS TO GSA
102–75.1180 For the purposes of this subpart,
what is the policy concerning real property reported excess to GSA?
SUITABILITY CRITERIA

NATIVE AMERICAN-RELATED DELEGATIONS
102–75.1110 What is the policy governing delegations of authority to the Secretary of
the Interior, the Secretary of Health and
Human Services, and the Secretary of
Education for property used in the administration of any Native American-related functions?
102–75.1115 Are there any limitations or restrictions on this delegation of authority?
102–75.1120 Does the property have to be
Federally screened?
102–75.1125 Can the transfer/retransfer under
this delegation be at no cost or without
consideration?
102–75.1130 What action must the Secretary
requesting the transfer take where funds
were not programmed and appropriated
for acquisition of the property?
102–75.1135 May this delegation of authority
to the Secretary of the Interior, the Secretary of Health and Human Services,
and the Secretary of Education be redelegated?

Subpart G—Conditional Gifts of Real
Property to Further the Defense Effort

102–75.1185

What are suitability criteria?

DETERMINATION OF AVAILABILITY
102–75.1190 What is the policy concerning
determination of availability statements?
PUBLIC NOTICE OF DETERMINATION
102–75.1195 What is the policy concerning
making public the notice of determination?
APPLICATION PROCESS
102–75.1200 How may representatives of the
homeless apply for the use of properties
to assist the homeless?
ACTION ON APPROVED APPLICATIONS
102–75.1205 What action must be taken on
approved applications?
UNSUITABLE PROPERTIES
102–75.1210 What action must be taken on
properties determined unsuitable for
homeless assistance?
NO APPLICATIONS APPROVED

102–75.1140 What is the policy governing the
acceptance or rejection of a conditional

102–75.1215 What action must be taken if
there is no expression of interest?

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§ 102–75.5

41 CFR Ch. 102 (7–1–13 Edition)

Subpart I—Screening Excess Federal Real
Property
102–75.1220 How do landholding agencies find
out if excess Federal real property is
available?
102–75.1225 What details are provided in the
‘‘Notice of Availability’’?
102–75.1230 How long does an agency have to
indicate its interest in the property?
102–75.1235 Where should an agency send its
written response to the ‘‘Notice of Availability’’?
102–75.1240 Who, from the interested landholding agency, should submit the written response to GSA’s ‘‘Notice of Availability’’?
102–75.1245 What happens after the landholding agency properly responds to a
‘‘Notice of Availability’’?
102–75.1250 What if the agency is not quite
sure it wants the property and needs
more time to decide?
102–75.1255 What happens when more than
one agency has a valid interest in the
property?
102–75.1260 Does
GSA
conduct
Federal
screening on every property reported as
excess real property?
102–75.1265 Are extensions granted to the
Federal screening and response timeframes?
102–75.1270 How does an agency request a
transfer of Federal real property?
102–75.1275 Does a requesting agency have to
pay for excess real property?
102–75.1280 What happens if the property has
already been declared surplus and an
agency discovers a need for it?
102–75.1285 How does GSA transfer excess
real property to the requesting agency?
102–75.1290 What happens if the landholding
agency requesting the property does not
promptly accept custody and accountability?
AUTHORITY: 40 U.S.C. 121(c), 521–523, 541–559;
E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp., p.
340.
SOURCE: 70 FR 67811, Nov. 8, 2005, unless
otherwise noted.

Subpart A—General Provisions
§ 102–75.5 What is the scope of this
part?
The real property policies contained
in this part apply to Federal agencies,
including GSA’s Public Buildings Service (PBS), operating under, or subject
to, the authorities of the Administrator of General Services. Federal
agencies with authority to dispose of
real property under Subchapter III of
Chapter 5 of Title 40 of the United

States Code will be referred to as ‘‘disposal agencies’’ in this part. Except in
rare instances where GSA delegates
disposal authority to a Federal agency,
the ‘‘disposal agency’’ as used in this
part refers to GSA.
§ 102–75.10 What basic real property
disposal policy governs disposal
agencies?
Disposal agencies must provide, in a
timely, efficient, and cost effective
manner, the full range of real estate
services necessary to support their real
property utilization and disposal needs.
Landholding agencies must survey the
real property under their custody or
control to identify property that is not
utilized, underutilized, or not being put
to optimum use. Disposal agencies
must have adequate procedures in
place to promote the effective utilization and disposal of such real property.
REAL PROPERTY DISPOSAL SERVICES
§ 102–75.15 What real property disposal services must agencies provide under a delegation of authority from GSA?
Disposal agencies must provide real
property disposal services for real property assets under their custody and
control, such as the utilization of excess property, surveys, and the disposal
of surplus property, which includes
public benefit conveyances, negotiated
sales, public sales, related disposal
services, and appraisals.
§ 102–75.20 How can Federal agencies
with independent disposal authority obtain related disposal services?
Federal agencies with independent
disposal authority are encouraged to
obtain utilization, disposal, and related
services from those agencies with expertise in real property disposal, such
as GSA, as allowed by 31 U.S.C. 1535
(the Economy Act), so that they can
remain focused on their core mission.

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Federal Management Regulation

§ 102–75.60

Subpart B—Utilization of Excess
Real Property

countable Executive agency, or occupied in caretaker status only.

§ 102–75.25 What are landholding agencies’ responsibilities concerning the
utilization of excess property?
Landholding agencies’ responsibilities concerning the utilization of excess property are to—
(a) Achieve maximum use of their
real property, in terms of economy and
efficiency, to minimize expenditures
for the purchase of real property;
(b) Increase the identification and reporting of their excess real property;
and
(c) Fulfill its needs for real property,
so far as practicable, by utilization of
real property determined excess by
other agencies, pursuant to the provision of this part, before it purchases
non-Federal real property.

§ 102–75.50 What does the term ‘‘Underutilized’’ mean?

§ 102–75.30 What are disposal agencies’
responsibilities concerning the utilization of excess property?
Disposal agencies’ responsibilities
concerning the utilization of excess
property are to—
(a) Provide for the transfer of excess
real property among Federal agencies,
to mixed-ownership Government corporations, and to the municipal government of the District of Columbia;
and
(b) Resolve conflicting requests for
transferring real property that the involved agencies cannot resolve.
§ 102–75.35

Underutilized means an entire property or portion thereof, with or without improvements, which is used—
(a) Irregularly or intermittently by
the accountable Executive agency for
current program purposes of that agency; or
(b) For current program purposes
that can be satisfied with only a portion of the property.
§ 102–75.55 What does the term ‘‘Not
being put to optimum use’’ mean?
Not being put to optimum use means
an entire property or portion thereof,
with
or
without
improvements,
which—
(a) Even though used for current program purposes, the nature, value, or location of the property is such that it
could be utilized for a different and significantly higher and better purpose; or
(b) The costs of occupying are substantially higher than other suitable
properties that could be made available
through transfer, purchase, or lease
with total net savings to the Government, after considering property values, costs of moving, occupancy, operational efficiency, environmental effects, regional planning, and employee
morale.
GUIDELINES

[Reserved]
STANDARDS

§ 102–75.40 What are the standards
that each Executive agency must
use to identify unneeded Federal
real property?
Each Executive agency must identify
unneeded Federal property using the
following standards:
(a) Not utilized.
(b) Underutilized.
(c) Not being put to optimum use.
§ 102–75.45 What does the term ‘‘Not
utilized’’ mean?
Not utilized means an entire property or portion thereof, with or without improvements, not occupied for
current program purposes of the ac-

§ 102–75.60 What are landholding agencies’ responsibilities concerning
real property surveys?
A landholding agency’s responsibilities concerning real property utilization surveys are to—
(a) Survey real property under its
control (i.e., property reported on its
financial statements) at least annually
to identify property that is not utilized, underutilized, or not being put to
optimum use. When other needs for the
property are identified or recognized,
the agency must determine whether
continuation of the current use or another use would better serve the public
interest, considering both the Federal
agency’s needs and the property’s location. In conducting annual reviews of

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§ 102–75.65

41 CFR Ch. 102 (7–1–13 Edition)

their property holdings, the GSA Customer Guide to Real Property Disposal
can provide guidelines for Executive
agencies to consider in identifying
unneeded Federal real property;
(b) Maintain its inventory of real
property at the absolute minimum consistent with economical and efficient
conduct of the affairs of the agency;
and
(c) Promptly report to GSA real
property that it has determined to be
excess.

sion or congressional action. Additionally, a proposed transfer must not substantially increase the level of an
agency’s existing programs beyond
that which has been contemplated in
the President’s budget or by the Congress.
(Note: See Subpart I—Screening of
Excess Federal Real Property (§§ 102–
75.1220 through 102–75.1290) for information on screening and transfer requests.)

§ 102–75.65 Why is it important for Executive agencies to notify the disposal agency of its real property
needs?
It is important that each Executive
agency notify the disposal agency of its
real property needs to determine
whether the excess or surplus property
of another agency is available that
would meet its need and prevent the
unnecessary purchase or lease of real
property.

§ 102–75.80 What are an Executive
agency’s responsibilities before requesting a transfer of excess real
property?

§ 102–75.70 Are there any exceptions to
this notification policy?
Yes, Executive agencies are not required to notify the disposal agency
when an agency’s proposed acquisition
of real property is dictated by such factors as exact geographical location, topography, engineering, or similar characteristics that limit the possible use
of other available property. For example, Executive agencies are not required to notify disposal agencies concerning the acquisition of real property
for a dam site, reservoir area, or the
construction of a generating plant or a
substation, since specific lands are
needed, which limit the possible use of
other available property. Therefore, no
useful purpose would be served by notifying the disposal agency.
§ 102–75.75 What is the most important
consideration in evaluating a proposed transfer of excess real property?
In every case of a proposed transfer
of excess real property, the most important consideration is the validity
and appropriateness of the requirement
upon which the proposal is based. Also,
a proposed transfer must not establish
a new program that has never been reflected in any previous budget submis-

Before requesting a transfer of excess
real property, an Executive agency
must—
(a) Screen its own property holdings
to determine whether the new requirement can be met through improved utilization of existing real property; however, the utilization must be for purposes that are consistent with the
highest and best use of the property
under consideration;
(b) Review all real property under its
accountability that has been permitted
or outleased and terminate the permit
or lease for any property, or portion
thereof, suitable for the proposed need,
if termination is not prohibited by the
terms of the permit or lease;
(c) Utilize property that is or can be
made available under § 102–75.80(a) or
(b) for the proposed need in lieu of requesting a transfer of excess real property and reassign the property, when
appropriate;
(d) Confirm that the appraised fair
market value of the excess real property proposed for transfer will not substantially exceed the probable purchase price of other real property that
would be suitable for the intended purpose;
(e) Limit the size and quantity of excess real property to be transferred to
the actual requirements and separate,
if possible, other portions of the excess
installation for possible disposal to
other agencies or to the public; and
(f) Consider the design, layout, geographic location, age, state of repair,

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Federal Management Regulation

§ 102–75.110

and expected maintenance costs of excess real property proposed for transfer; agencies must be able to demonstrate that the transfer will be more
economical over a sustained period of
time than the acquisition of a new facility specifically planned for the purpose.
§ 102–75.85 Can
disposal
agencies
transfer excess real property to
agencies for programs that appear
to be scheduled for substantial curtailment or termination?
Yes, but only on a temporary basis
with the condition that the property
will be released for further Federal utilization or disposal as surplus property
at an agreed upon time when the transfer is arranged.
§ 102–75.90 How is excess real property
needed for office, storage, and related purposes normally transferred to the requesting agency?
GSA may temporarily assign or direct the use of such excess real property to the requesting agency. See
§ 102–75.240.
§ 102–75.95 Can Federal agencies that
normally do not require real property (other than for office, storage,
and related purposes) or that may
not have statutory authority to acquire such property, obtain the use
of excess real property?
Yes, GSA can authorize the use of excess real property for an approved program. See § 102–75.240.
LAND WITHDRAWN OR RESERVED FROM
THE PUBLIC DOMAIN
§ 102–75.100 When an agency holds
land withdrawn or reserved from
the public domain and determines
that it no longer needs this land,
what must it do?
An agency holding unneeded land
withdrawn or reserved from the public
domain must submit to the appropriate
GSA Regional Office a Report of Excess
Real Property (Standard Form 118),
with appropriate Schedules A, B, and
C, only when—
(a) It has filed a notice of intention
to relinquish with the Department of
the Interior (43 CFR part 2372 et seq.)
and sent a copy of the notice to the appropriate GSA Regional Office;

(b) The Department of the Interior
has notified the agency that the Secretary of the Interior has determined
that the lands are not suitable for return to the public domain for disposition under the general public land laws
because the lands are substantially
changed in character by improvements
or otherwise; and
(c) The Department of the Interior
provides a report identifying whether
or not any other agency claims primary, joint, or secondary jurisdiction
over the lands and whether its records
show that the lands are encumbered by
rights or privileges under the public
land laws.
§ 102–75.105 What responsibility does
the Department of the Interior have
if it determines that minerals in the
land are unsuitable for disposition
under the public land mining and
mineral leasing laws?
In such cases, the Department of the
Interior must—
(a) Notify the appropriate GSA Regional Office of such a determination;
and
(b) Authorize the landholding agency
to identify in the Standard Form 118
any minerals in the land that the Department of the Interior determines to
be unsuitable for disposition under the
public land mining and mineral leasing
laws.
TRANSFERS UNDER OTHER LAWS
§ 102–75.110 Can transfers of real
property be made under authority
of laws other than those codified in
Title 40 of the United States Code?
Yes, the provisions of this section
shall not apply to transfers of real
property authorized to be made by 40
U.S.C. 113(e) or by any special statute
that directs or requires an Executive
agency to transfer or convey specifically described real property in accordance with the provisions of that statute. Transfers of real property must be
made only under the authority of Title
40 of the United States Code, unless the
independent authority granted to such
agency specifically exempts the authority from the requirements of Title
40.

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§ 102–75.115

41 CFR Ch. 102 (7–1–13 Edition)

REPORTING OF EXCESS REAL PROPERTY
§ 102–75.115 Must reports of excess
real property and related personal
property be prepared on specific
forms?
Yes, landholding agencies must prepare reports of excess real property and
related personal property on—
(a) Standard Form 118, Report of Excess Real Property, and accompanying
Standard Form 118a, Buildings Structures, Utilities, and Miscellaneous Facilities, Schedule A;
(b) Standard Form 118b, Land, Schedule B; and
(c) Standard Form 118c, Related Personal Property, Schedule C.
§ 102–75.120 Is there any other information that needs to accompany (or
be submitted with) the Report of
Excess Real Property (Standard
Form 118)?
Yes, in all cases where Governmentowned land is reported excess, Executive agencies must include a title report, prepared or approved by a qualified employee of the landholding agency, documenting the Government’s
title to the property.
TITLE REPORT
§ 102–75.125 What information must
agencies include in the title report?
When completing the title report,
agencies must include—
(a) The description of the property;
(b) The date title vested in the
United States;
(c) All exceptions, reservations, conditions, and restrictions, relating to
the title;
(d) Detailed information concerning
any action, thing, or circumstance that
occurred from the date the United
States acquired the property to the
date of the report that in any way affected or may have affected the United
States’ right, title, or interest in and
to the real property (including copies
of legal comments or opinions discussing the manner in which and the
extent to which such right, title, or interest may have been affected). In the
absence of any such action, thing, or
circumstance, a statement to that effect must be made a part of the report;

(e) The status of civil and criminal
jurisdiction over the land that is peculiar to the property by reason of it
being Government-owned land. In the
absence of any special circumstances, a
statement to that effect must be made
a part of the report;
(f) Detailed information regarding
any known flood hazards or flooding of
the property, and, if the property is located in a flood-plain or on wetlands, a
listing of restricted uses (along with
the citations) identified in Federal,
State, or local regulations as required
by Executive Orders 11988 and 11990 of
May 24, 1977;
(g) The specific identification and description of fixtures and related personal property that have possible historic or artistic value;
(h) The historical significance of the
property and whether the property is
listed, is eligible for, or has been nominated for listing in the National Register of Historic Places or is in proximity to a property listed in the National Register. If the landholding
agency is aware of any effort by the
public to have the property listed in
the National Register, it must also include this information;
(i) A description of the type, location, and condition of asbestos incorporated in the construction, repair, or
alteration of any building or improvement on the property (e.g., fire-proofing, pipe insulation, etc.) and a description of any asbestos control measures
taken for the property. Agencies must
also provide to GSA any available indication of costs and/or time necessary
to remove all or any portion of the asbestos-containing materials. Agencies
are not required to conduct any specific studies and/or tests to obtain this
information. (The provisions of this
subpart do not apply to asbestos on
Federal property that is subject to section 120(h) of the Superfund Amendments and Reauthorization Act of 1986,
Public Law 99–499);
(j) A statement indicating whether or
not lead-based paint is present on the
property. Additionally, if the property
is target housing (all housing except
housing for the elderly or persons with
disabilities or any zero bedroom dwelling) constructed prior to 1978, provide a
risk assessment and paint inspection

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Federal Management Regulation

§ 102–75.145

report that details all lead-based paint
hazards; and
(k) A statement indicating whether
or not, during the time the property
was owned by the United States, any
hazardous substance activity, as defined by regulations issued by the U.S.
Environmental
Protection
Agency
(EPA) at 40 CFR part 373, took place on
the property. Hazardous substance activity includes situations where any
hazardous substance was stored for one
year or more, known to have been released, or disposed of on the property.
Agencies reporting such property must
review the regulations issued by EPA
at 40 CFR part 373 for details on the information required and must comply
with these requirements. In addition,
agencies reporting such property shall
review and comply with the regulations for the utilization and disposal of
hazardous materials and certain categories of property set forth at 41 CFR
part 101–42.
§ 102–75.130 If hazardous substance activity took place on the property,
what specific information must an
agency include in the title report?
If hazardous substance activity took
place on the property, the reporting
agency must include information on
the type and quantity of such hazardous substance and the time at
which such storage, release, or disposal
took place. The reporting agency must
also advise the disposal agency if all
remedial action necessary to protect
human health and the environment
with respect to any such hazardous
substance activity was taken before
the date the property was reported excess. If such action was not taken, the
reporting agency must advise the disposal agency when such action will be
completed or how the agency expects
to comply with the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) in the disposal. See §§ 102–75.340 and 102–75.345.

The (reporting agency) has determined, in
accordance with regulations issued by EPA
at 40 CFR part 373, that there is no evidence
indicating that hazardous substance activity
took place on the property during the time
the property was owned by the United
States.

OTHER NECESSARY INFORMATION
§ 102–75.140 In addition to the title report, and all necessary environmental information and certifications, what information must an
Executive agency transmit with the
Report of Excess Real Property
(Standard Form 118)?
Executive agencies must provide—
(a) A legible, reproducible copy of all
instruments in possession of the agency that affect the United States’ right,
title, or interest in the property reported or the use and operation of such
property (including agreements covering and licenses to use, any patents,
processes, techniques, or inventions). If
it is impracticable to transmit the abstracts of title and related title evidence, agencies must provide the name
and address of the custodian of such
documents in the title report referred
to in § 102–75.120;
(b) Any appraisal reports indicating
or providing the fair market value or
the fair annual rental of the property,
if requested by the disposal agency;
and
(c) A certification by a responsible
person that the property does or does
not contain polychlorinated biphenyl
(PCB) transformers or other equipment
regulated by EPA under 40 CFR part
761, if requested by the disposal agency.
If the property does contain any equipment subject to EPA regulation under
40 CFR part 761, the certification must
include the landholding agency’s assurance that each piece of equipment is
now and will continue to be in compliance with the EPA regulations until
disposal of the property.
EXAMINATION FOR ACCEPTABILITY

§ 102–75.135 If no hazardous substance
activity took place on the property,
what specific information must an
agency include in the title report?
If no hazardous substance activity
took place, the reporting agency must
include the following statement:

§ 102–75.145 Is GSA required to review
each report of excess?
Yes, GSA must review each report of
excess to ascertain whether the report
was prepared according to the provisions of this part. GSA must notify the

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§ 102–75.150

41 CFR Ch. 102 (7–1–13 Edition)

landholding agency, in writing, whether the report is acceptable or other information is needed within 15 calendar
days after receipt of the report.
§ 102–75.150 What happens when GSA
determines that the report of excess
is adequate?
When GSA determines that a report
is adequate, GSA will accept the report
and inform the landholding agency of
the acceptance date. However, the
landholding agency must, upon request, promptly furnish any additional
information or documents relating to
the property required by GSA to accomplish a transfer or a disposal.
§ 102–75.155 What happens if GSA determines that the report of excess is
insufficient?
Where GSA determines that a report
is insufficient, GSA will return the report and inform the landholding agency of the facts and circumstances that
make the report insufficient. The landholding agency must promptly take appropriate action to submit an acceptable report to GSA. If the landholding
agency is unable to submit an acceptable report, the property will no longer
be considered as excess property and
the disposal agency will cease activity
for the disposal of the property. However, GSA may accept the report of excess on a conditional basis and identify
what deficiencies in the report must be
corrected in order for the report to
gain full acceptance.
DESIGNATION AS PERSONAL PROPERTY
§ 102–75.160 Should
prefabricated
movable structures be designated
real or personal property for disposition purposes?
Prefabricated movable structures
such as Butler-type storage warehouses, Quonset huts, and house trailers (with or without undercarriages)
reported to GSA along with the land on
which they are located may, at GSA’s
discretion, be designated for disposition as personal property for off-site
use or as real property for disposal
with the land.

§ 102–75.165 Should related personal
property be designated real or personal property for disposition purposes?
Related personal property may, at
the disposal agency’s discretion, be
designated as personal property for disposal purposes. However, for fine artwork and sculptures, GSA’s policy is
that artwork specifically created for a
Federal building is considered as a fixture of the building. This also applies
to sculptures created for a Federal
building or a public park. Disposal
agencies must follow the policies and
guidance for disposal of artwork and
sculptures developed by the GSA Office
of the Chief Architect, Center for Design Excellence and the Arts, and the
Bulletin dated March 26, 1934, entitled
‘‘Legal Title to Works Produced under
the Public Works of Art Project.’’
§ 102–75.170 What happens to the related personal property in a structure scheduled for demolition?
When a structure is to be demolished,
any fixtures or related personal property therein may, at the disposal agency’s discretion, be designated for disposition as personal property where a
ready disposition can be made of these
items. As indicated in § 102–75.165, particular consideration should be given
to designating items having possible
historical or artistic value as personal
property.
TRANSFERS
§ 102–75.175 What are GSA’s responsibilities regarding transfer requests?
Before property can be transferred
among Federal agencies, to mixed-ownership Government corporations, and
to the municipal government of the
District of Columbia, GSA must determine that—
(a) The transfer is in the best interest of the Government;
(b) The requesting agency is the appropriate agency to hold the property;
and
(c) The proposed land use will maximize use of the real property, in terms
of economy and efficiency, to minimize
expenditures for the purchase of real
property.

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§ 102–75.210

(Note: See Subpart I—Screening of
Excess Federal Real Property (§§ 102–
75.1220 through 102–75.1290) for information on screening and transfer requests.)
§ 102–75.180 May landholding agencies
transfer excess real property without notifying GSA?
Landholding agencies may, without
notifying GSA, transfer excess real
property that they use, occupy, or control under a lease, permit, license,
easement,
or
similar
instrument
when—
(a) The lease or other instrument is
subject to termination by the grantor
or owner of the premises within nine
months;
(b) The remaining term of the lease
or other instrument, including renewal
rights, will provide for less than nine
months of use and occupancy; or
(c) The lease or other instrument
provides for use and occupancy of space
for office, storage, and related facilities, which does not exceed a total of
2,500 square feet.
§ 102–75.185 In those instances where
landholding agencies may transfer
excess real property without notifying GSA, which policies must they
follow?
In those instances, landholding agencies must transfer property following
the policies in this subpart.
§ 102–75.190 What amount must the
transferee agency pay for the transfer of excess real property?
The transferee agency must pay an
amount equal to the property’s fair
market value (determined by the Administrator)—
(a) Where the transferor agency has
requested the net proceeds of the transfer pursuant to 40 U.S.C. 574; or
(b) Where either the transferor or
transferee agency (or organizational
unit affected) is subject to the Government Corporation Control Act (31
U.S.C. 841), is a mixed-ownership Government corporation, or the municipal
government of the District of Columbia.

§ 102–75.195 If the transferor agency is
a wholly owned Government corporation, what amount must the
transferee agency pay?
As may be agreed upon by GSA and
the corporation, the transferee agency
must pay an amount equal to—
(a) The estimated fair market value
of the property; or
(b) The corporation’s book value of
the property.
§ 102–75.200 What amount must the
transferee agency pay if property is
being transferred for the purpose of
upgrading the transferee agency’s
facilities?
Where the transfer is for the purpose
of upgrading facilities (i.e., for the purpose of replacing other property of the
transferee agency, which because of the
location, nature, or condition thereof,
is less efficient for use), the transferee
must pay an amount equal to the difference between the fair market value
of the property to be replaced and the
fair market value of the property requested, as determined by the Administrator.
§ 102–75.205 Are transfers ever made
without reimbursement by the
transferee agency?
Transfers may be made without reimbursement by the transferee agency
only if—
(a) Congress has specifically authorized the transfer without reimbursement, or
(b) The Administrator, with the approval of the Director of the Office of
Management and Budget (OMB), has
approved a request for an exception
from the 100 percent reimbursement requirement.
§ 102–75.210 What must a transferee
agency include in its request for an
exception from the 100 percent reimbursement requirement?
The request must include an explanation of how granting the exception
would further essential agency program objectives and at the same time
be consistent with Executive Order
12512, Federal Real Property Management, dated April 29, 1985. The transferee agency must attach the explanation to the Request for Transfer of
Excess Real and Related Personal

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§ 102–75.215

41 CFR Ch. 102 (7–1–13 Edition)

Property (GSA Form 1334) prior to submitting the form to GSA. The unavailability of funds alone is not sufficient
to justify an exception.
§ 102–75.215 Who must endorse requests for exception to the 100 percent reimbursement requirement?
Agency heads must endorse requests
for exceptions to the 100 percent reimbursement requirement.
§ 102–75.220 Where should an agency
send a request for exception to the
100 percent reimbursement requirement?
Agencies must submit all requests
for exception from the 100 percent reimbursement requirement to the appropriate GSA regional property disposal office.
§ 102–75.225 Who must review and approve a request for exception from
the 100 percent reimbursement requirement?
The Administrator must review all
requests for exception from the 100 percent reimbursement requirement. If
the Administrator approves the request, it is then submitted to OMB for
final concurrence. If OMB approves the
request, then GSA may complete the
transfer.
§ 102–75.230 Who is responsible for
property protection and maintenance costs while the request for
exception is being reviewed?
The agency requesting the property
will assume responsibility for protection and maintenance costs not more
than 40 days from the date of the Administrator’s letter to OMB requesting
concurrence for an exception to the 100
percent reimbursement requirement. If
the request is denied, the requesting
agency may pay the fair market value
for the property or withdraw its request. If the request is withdrawn, responsibility for protection and maintenance cost will return to the landholding agency at that time.
§ 102–75.235 May
disposal
agencies
transfer excess property to the Senate, the House of Representatives,
and the Architect of the Capitol?
Yes, disposal agencies may transfer
excess property to the Senate, the

House of Representatives, and the Architect of the Capitol and any activities under his or her direction, pursuant to the provisions of 40 U.S.C. 113(d).
The amount of reimbursement for such
transfer must be the same as would be
required for a transfer of excess property to an Executive agency under
similar circumstances.
TEMPORARY UTILIZATION
§ 102–75.240 May excess real property
be
temporarily
assigned/reassigned?
Yes, whenever GSA determines that
it is more advantageous to assign property temporarily rather than permanently, it may do so. If the space is for
office, storage, or related facilities,
GSA will determine the length of the
assignment/reassignment. Agencies are
required to reimburse the landholding
agency (or GSA, if GSA has become responsible for seeking an appropriation
for protection and maintenance expenses) (see § 102–75.970) for protection
and maintenance expenses. GSA may
also temporarily assign/reassign excess
real property for uses other than storage, office or related facilities. In such
cases, the agency receiving the temporary assignment may be required to
pay a rental or users charge based upon
the fair market value of the property,
as determined by GSA. If the property
will be required by the agency for a period of more than 1 year, it may be
transferred on a conditional basis, with
an understanding that the property
will be reported excess at an agreed
upon time (see § 102–75.85). The requesting agency is responsible for protection
and maintenance expenses.
NON-FEDERAL INTERIM USE OF EXCESS
PROPERTY
§ 102–75.245 When can landholding
agencies grant rights for non-Federal interim use of excess property
reported to GSA?
Landholding agencies, upon approval
from GSA, may grant rights for nonFederal interim use of excess property
reported to GSA, when it is determined
that such excess property is not required for the needs of any Federal
agency and when the interim use will

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§ 102–75.280

not impair the ability to dispose of the
property.

Subpart C—Surplus Real Property
Disposal
§ 102–75.250 What general policy must
the disposal agency follow concerning the disposal of surplus
property?
The disposal agency must dispose of
surplus real property—
(a) In the most economical manner
consistent with the best interests of
the Government; and
(b) Ordinarily for cash, consistent
with the best interests of the Government.
§ 102–75.255 What are disposal agencies’ specific responsibilities concerning the disposal of surplus
property?
The disposal agency must determine
that there is no further Federal need or
requirement for the excess real property and the property is surplus to the
needs of the Federal Government. After
reaching this determination, the disposal agency must expeditiously make
the surplus property available for acquisition by State and local governmental units and non-profit institutions (see § 102–75.350) or for sale by
public advertising, negotiation, or
other disposal action. The disposal
agency must consider the availability
of real property for public purposes on
a case-by-case basis, based on highest
and best use and estimated fair market
value. Where hazardous substance activity is identified, see §§ 102–75.340 and
102–75.345 for required information that
the disposal agency must incorporate
into the offer to purchase and conveyance document.
§ 102–75.260 When may the disposal
agency dispose of surplus real property by exchange for privately
owned property?
The disposal agency may dispose of
surplus real property by exchange for
privately owned property for property
management considerations such as
boundary realignment or for providing
access. The disposal agency may also
dispose of surplus real property by exchange for privately owned property
where authorized by law, when the re-

questing Federal agency receives approval from the Office of Management
and Budget and the appropriate oversight committees, and where the transaction offers substantial economic or
unique program advantages not otherwise obtainable by any other acquisition method.
§ 102–75.265 Are
conveyance
documents required to identify all
agreements and representations
concerning property restrictions
and conditions?
Yes, conveyance documents must
identify all agreements and representations concerning restrictions and conditions affecting the property’s future
use, maintenance, or transfer.
APPLICABILITY OF ANTITRUST LAWS
§ 102–75.270 Must antitrust laws be
considered when disposing of property?
Yes, antitrust laws must be considered in any case in which there is contemplated a disposal to any private interest of—
(a) Real and related personal property that has an estimated fair market
value of $3 million or more; or
(b) Patents, processes, techniques, or
inventions, irrespective of cost.
§ 102–75.275 Who determines whether
the proposed disposal would create
or maintain a situation inconsistent
with antitrust laws?
The Attorney General determines
whether the proposed disposal would
create or maintain a situation inconsistent with antitrust laws.
§ 102–75.280 What information concerning a proposed disposal must a
disposal agency provide to the Attorney General to determine the applicability of antitrust laws?
The disposal agency must promptly
provide the Attorney General with notice of any such proposed disposal and
the probable terms or conditions, as required by 40 U.S.C. 559. If notice is
given by any disposal agency other
than GSA, a copy of the notice must
also be provided simultaneously to the
GSA Regional Office in which the property is located. Upon request, a disposal agency must furnish information

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§ 102–75.285

41 CFR Ch. 102 (7–1–13 Edition)

that the Attorney General believes to
be necessary in determining whether
the proposed disposition or any other
disposition of surplus real property violates or would violate any of the antitrust laws.
§ 102–75.285 Can a disposal agency dispose of real property to a private
interest specified in § 102–75.270 before advice is received from the Attorney General?
No, advice from the Attorney General must be received before disposing
of real property.
DISPOSALS UNDER OTHER LAWS
§ 102–75.290 Can disposals of real
property be made under authority
of laws other than Chapter 5 of
Subtitle I of Title 40 of the United
States Code?
Except for disposals specifically authorized by special legislation, disposals of real property must be made
only under the authority of Chapter 5
of Subtitle I of Title 40 of the United
States Code. However, the Administrator of General Services can evaluate, on a case-by-case basis, the disposal provisions of any other law to determine consistency with the authority
conferred by Title 40. The provisions of
this section do not apply to disposals of
real property authorized to be made by
40 U.S.C. 113 or by any special statute
that directs or requires an Executive
agency named in the law to transfer or
convey specifically described real property in accordance with the provisions
of that statute.
CREDIT DISPOSALS
§ 102–75.295 What is the policy on extending credit in connection with
the disposal of surplus property?
The disposal agency—
(a) May extend credit in connection
with any disposal of surplus property
when it determines that credit terms
are necessary to avoid reducing the salability of the property and potential
obtainable price and, when below market rates are extended, confer with the
Office of Management and Budget to
determine if the Federal Credit Reform
Act of 1990 is applicable to the transaction;

(b) Must administer and manage the
credit disposal and any related security;
(c) May enforce, adjust, or settle any
right of the Government with respect
to extending credit in a manner and
with terms that are in the best interests of the Government; and
(d) Must include provisions in the
conveyance documents that obligate
the purchaser, where a sale is made
upon credit, to obtain the disposal
agency’s prior written approval before
reselling or leasing the property. The
purchaser’s credit obligations to the
United States must be fulfilled before
the disposal agency may approve the
resale of the property.
DESIGNATION OF DISPOSAL AGENCIES
§ 102–75.296 When may a landholding
agency other than GSA be the disposal agency for real and related
personal property?
A landholding agency may be the disposal agency for real and related personal property when—
(a) The agency has statutory authority to dispose of real and related personal property;
(b) The agency has delegated authority from GSA to dispose of real and related personal property; or
(c) The agency is disposing of—
(1) Leases, licenses, permits, easements, and other similar real estate interests held by agencies in non-Government-owned real property;
(2)
Government-owned
improvements, including fixtures, structures,
and other improvements of any kind as
long as the underlying land is not
being disposed; or
(3) Standing timber, embedded gravel, sand, stone, and underground water,
without the underlying land.
§ 102–75.297 Are there any exceptions
to when landholding agencies can
serve as the disposal agency?
Yes, landholding agencies may not
serve as the disposal agency when—
(a) Either the landholding agency or
GSA determines that the Government’s
best interests are served by disposing
of leases, licenses, permits, easements
and similar real estate interests together with other property owned or

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§ 102–75.325

controlled by the Government that has
been or will be reported to GSA, or
(b) Government-owned machinery
and equipment being used by a contractor-operator will be sold to a contractor-operator.
§ 102–75.298 Can agencies request that
GSA be the disposal agency for real
property and real property interests described in § 102–75.296?
Yes. If requested, GSA, at its discretion, may be the disposal agency for
such real property and real property
interests.
§ 102–75.299 What
are
landholding
agencies’ responsibilities if GSA
conducts the disposal?
Landholding agencies are and remain
responsible for all rental/lease payments until the lease expires or is terminated. Landholding agencies are responsible for paying any restoration or
other direct costs incurred by the Government associated with termination
of a lease, and for paying any demolition and removal costs not offset by
the sale of the property. (See also § 102–
75.965.)
APPRAISAL
§ 102–75.300 Are appraisals required
for all real property disposal transactions?
Generally, yes, appraisals are required for all real property disposal
transactions, except when—
(a) An appraisal will serve no useful
purpose (e.g., legislation authorizes
conveyance without monetary consideration or at a fixed price). This exception does not apply to negotiated sales
to public agencies intending to use the
property for a public purpose not covered by any of the special disposal provisions in subpart C of this part; or
(b) The estimated fair market value
of property to be offered on a competitive sale basis does not exceed $300,000.
§ 102–75.305 What type of appraisal
value must be obtained for real
property disposal transactions?
For all real property transactions requiring appraisals, agencies must obtain, as appropriate, an appraisal of either the fair market value or the fair

annual rental value of the property
available for disposal.
§ 102–75.310 Who must agencies use to
appraise the real property?
Agencies must use only experienced
and qualified real estate appraisers familiar with the types of property to be
appraised when conducting the appraisal. When an appraisal is required
for negotiation purposes, the same
standard applies. However, agencies
may authorize other methods of obtaining an estimate of the fair market
value or the fair annual rental when
the cost of obtaining that data from a
contract appraiser would be out of proportion to the expected recoverable
value of the property.
§ 102–75.315 Are appraisers authorized
to consider the effect of historic
covenants on the fair market value?
Yes, appraisers are authorized to consider the effect of historic covenants on
the fair market value, if the property
is in or eligible for listing in the National Register of Historic Places.
§ 102–75.320 Does appraisal information need to be kept confidential?
Yes, appraisals, appraisal reports, appraisal analyses, and other predecisional appraisal documents are
confidential and can only be used by
authorized Government personnel who
can substantiate the need to know this
information. Appraisal information
must not be divulged prior to the delivery and acceptance of the deed. Any
persons engaged to collect or evaluate
appraisal information must certify
that—
(a) They have no direct or indirect
interest in the property; and
(b) The report was prepared and submitted without bias or influence.
INSPECTION
§ 102–75.325 What responsibility does
the landholding agency have to provide persons the opportunity to inspect available surplus property?
Landholding agencies should provide
all persons interested in acquiring
available surplus property with the opportunity to make a complete inspection of the property, including any
available inventory records, plans,

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§ 102–75.330

41 CFR Ch. 102 (7–1–13 Edition)

specifications, and engineering reports
that relate to the property. These inspections are subject to any necessary
national security restrictions and are
subject to the disposal agency’s rules.
(See §§ 102–75.335 and 102–75.985.)
SUBMISSION OF OFFERS TO PURCHASE OR
LEASE
§ 102–75.330 What form must all offers
to purchase or lease be in?
All offers to purchase or lease must
be in writing, accompanied by any required earnest money deposit, using
the form prescribed by the disposal
agency. In addition to the financial
terms upon which the offer is predicated, the offer must set forth the willingness of the offeror to abide by the
terms, conditions, reservations, and restrictions upon which the property is
offered, and must contain such other
information as the disposal agency
may request.
PROVISIONS RELATING TO ASBESTOS
§ 102–75.335 Where asbestos is identified, what information must the disposal agency incorporate into the
offer to purchase and the conveyance document?
Where the existence of asbestos on
the property has been brought to the
attention of the disposal agency by the
Report of Excess Real Property (Standard Form 118) information provided
(see § 102–75.125), the disposal agency
must incorporate this information (less
any cost or time estimates to remove
the asbestos-containing materials) into
any offer to purchase and conveyance
document and include the following
wording:
Notice of the Presence of Asbestos—Warning!
(a) The Purchaser is warned that the property offered for sale contains asbestos-containing materials. Unprotected or unregulated exposures to asbestos in product manufacturing, shipyard, and building construction workplaces have been associated with
asbestos-related diseases. Both the U.S. Occupational Safety and Health Administration (OSHA) and the U.S. Environmental
Protection Agency (EPA) regulate asbestos
because of the potential hazards associated
with exposure to airborne asbestos fibers.
Both OSHA and EPA have determined that
such exposure increases the risk of asbestos-

related diseases, which include certain cancers and which can result in disability or
death.
(b) Bidders (offerors) are invited, urged and
cautioned to inspect the property to be sold
prior to submitting a bid (offer). More particularly, bidders (offerors) are invited,
urged and cautioned to inspect the property
as to its asbestos content and condition and
any hazardous or environmental conditions
relating thereto. The disposal agency will assist bidders (offerors) in obtaining any authorization(s) that may be required in order
to carry out any such inspection(s). Bidders
(offerors) shall be deemed to have relied solely on their own judgment in assessing the
overall condition of all or any portion of the
property including, without limitation, any
asbestos hazards or concerns.
(c) No warranties either express or implied
are given with regard to the condition of the
property including, without limitation,
whether the property does or does not contain asbestos or is or is not safe for a particular purpose. The failure of any bidder (offeror) to inspect, or to be fully informed as
to the condition of all or any portion of the
property offered, will not constitute grounds
for any claim or demand for adjustment or
withdrawal of a bid or offer after its opening
or tender.
(d) The description of the property set
forth in the Invitation for Bids (Offer to Purchase) and any other information provided
therein with respect to said property is based
on the best information available to the disposal agency and is believed to be correct,
but an error or omission, including, but not
limited to, the omission of any information
available to the agency having custody over
the property and/or any other Federal agency, shall not constitute grounds or reason for
nonperformance of the contract of sale, or
any claim by the Purchaser against the Government including, without limitation, any
claim for allowance, refund, or deduction
from the purchase price.
(e) The Government assumes no liability
for damages for personal injury, illness, disability, or death, to the Purchaser, or to the
Purchaser’s successors, assigns, employees,
invitees, or any other person subject to Purchaser’s control or direction, or to any other
person, including members of the general
public, arising from or incident to the purchase, transportation, removal, handling,
use, disposition, or other activity causing or
leading to contact of any kind whatsoever
with asbestos on the property that is the
subject of this sale, whether the Purchaser,
its successors or assigns has or have properly
warned or failed properly to warn the individual(s) injured.
(f) The Purchaser further agrees that, in
its use and occupancy of the property, it will
comply with all Federal, State, and local
laws relating to asbestos.

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§ 102–75.351

PROVISIONS RELATING TO HAZARDOUS
SUBSTANCE ACTIVITY
§ 102–75.340 Where
hazardous
substance activity has been identified
on property proposed for disposal,
what information must the disposal
agency incorporate into the offer to
purchase and the conveyance document?
Where the existence of hazardous
substance activity has been brought to
the attention of the disposal agency by
the Report of Excess Real Property
(Standard Form 118) information provided (see §§ 102–75.125 and 102–75.130),
the disposal agency must incorporate
this information into any offer to purchase and conveyance document. In
any offer to purchase and conveyance
document, disposal agencies, generally,
must also address the following (specific recommended language that addresses the following issues can be
found in the GSA Customer Guide to
Real Property Disposal):
(a) Notice of all hazardous substance
activity identified as a result of a complete search of agency records by the
landholding agency.
(b) A statement, certified by a responsible landholding agency official in
the Report of Excess Real Property,
that all remedial actions necessary to
protect human health and the environment with regard to such hazardous
substance activity have been taken
(this is not required in the offer to purchase or conveyance document in the
case of a transfer of property under the
authority of section 120(h)(3)(C) of
CERCLA, or the Early Transfer Authority, or a conveyance to a ‘‘potentially responsible party’’, as defined by
CERCLA (see 102–75.345)).
(c) A commitment, on behalf of the
United States, to return to correct any
hazardous condition discovered after
the conveyance that results from hazardous substance activity prior to the
date of conveyance.
(d) A reservation by the United
States of a right of access in order to
accomplish any further remedial actions required in the future.

§ 102–75.345 What is different about
the statements in the offer to purchase and conveyance document if
the sale is to a potentially responsible party with respect to the hazardous substance activity?
In the case where the purchaser or
grantee is a potentially responsible
party (PRP) with respect to hazardous
substance activity on the property
under consideration, the United States
is no longer under a general obligation
to certify that the property has been
successfully remediated, or to commit
to return to the property to address
contamination that is discovered in the
future. Therefore, the statements of responsibility and commitments on behalf of the United States referenced in
§ 102–75.340 should not be used. Instead,
language should be included in the
offer to purchase and conveyance document that is consistent with any agreement that has been reached between
the landholding agency and the PRP
with regard to prior hazardous substance activity.
PUBLIC BENEFIT CONVEYANCES
§ 102–75.350 What are disposal agencies’ responsibilities concerning
public benefit conveyances?
Based on a highest and best use analysis, disposal agencies may make surplus real property available to State
and local governments and certain nonprofit institutions or organizations at
up to 100 percent public benefit discount for public benefit purposes. Some
examples of such purposes are education, health, park and recreation, the
homeless, historic monuments, public
airports, highways, correctional facilities, ports, and wildlife conservation.
The implementing regulations for
these conveyances are found in this
subpart.
§ 102–75.351 May the disposal agency
waive screening for public benefit
conveyances?
All properties, consistent with the
highest and best use analysis, will normally be screened for public benefit
uses. However, the disposal agency
may waive public benefit screening,
with the exception of the mandatory
McKinney-Vento homeless screening,

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§ 102–75.355

41 CFR Ch. 102 (7–1–13 Edition)

for specific property disposal considerations, e.g., when a property has been
reported excess for exchange purposes.
§ 102–75.355 What clause must be in
the offer to purchase and the conveyance documents for public benefit conveyances?
Executive agencies must include in
the offer to purchase and conveyance
documents
the
non-discrimination
clause in § 102–75.360 for public benefit
conveyances.
§ 102–75.360 What wording must be in
the non-discrimination clause that
is required in the offer to purchase
and in the conveyance document?
The wording of the non-discrimination clause must be as follows:
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. This covenant shall not apply, however, to the lease
or rental of a room or rooms within a family
dwelling unit; nor shall it apply with respect
to religion to premises used primarily for religious purposes. The United States of America shall be deemed a beneficiary of this covenant without regard to whether it remains
the owner of any land or interest therein in
the locality of the property hereby conveyed
and shall have the sole right to enforce this
covenant in any court of competent jurisdiction.

POWER TRANSMISSION LINES
§ 102–75.365 Do disposal agencies have
to notify State entities and Government agencies that a surplus power
transmission line and right-of-way
is available?
Yes, disposal agencies must notify
State entities and Government agencies of the availability of a surplus
power transmission line and right-ofway.

§ 102–75.370 May a State, or any political subdivision thereof, certify to a
disposal agency that it needs a surplus power transmission line and
the right-of-way acquired for its
construction to meet the requirements of a public or cooperative
power project?
Yes, section 13(d) of the Surplus
Property Act of 1944 (50 U.S.C. App.
1622(d)) allows any State or political
subdivision, or any State or Government agency or instrumentality to certify to the disposal agency that a surplus power transmission line and the
right-of-way acquired for its construction is needed to meet the requirements of a public or cooperative power
project.
§ 102–75.375 What happens once a
State, or political subdivision, certifies that it needs a surplus power
transmission line and the right-ofway acquired for its construction to
meet the requirements of a public
or cooperative power project?
Generally, once a State or political
subdivision certifies that it needs a
surplus power transmission line and
the right-of-way, the disposal agency
may sell the property to the state, or
political subdivision thereof, at the
fair market value. However, if a sale of
a surplus transmission line cannot be
accomplished because of the price to be
charged, or other reasons, and the certification by the State or political subdivision is not withdrawn, the disposal
agency must report the facts involved
to the Administrator of General Services, to determine what further action
will or should be taken to dispose of
the property.
§ 102–75.380 May power transmission
lines and rights-of-way be disposed
of in other ways?
Yes, power transmission lines and
rights-of-way not disposed of by sale
for fair market value may be disposed
of following other applicable provisions
of this part, including, if appropriate,
reclassification by the disposal agency.

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Federal Management Regulation

§ 102–75.415

PROPERTY FOR PUBLIC AIRPORTS
§ 102–75.385 Do disposal agencies have
the responsibility to notify eligible
public agencies that airport property has been determined to be surplus?
Yes, the disposal agency must notify
eligible public agencies that property
currently used as or suitable for use as
a public airport under the Surplus
Property Act of 1944, as amended, has
been determined to be surplus. A copy
of the landholding agency’s Report of
Excess Real Property (Standard Form
118, with accompanying schedules)
must be transmitted with the copy of
the surplus property notice sent to the
appropriate regional office of the Federal Aviation Administration (FAA).
The FAA must furnish an application
form and instructions for the preparation of an application to eligible public
agencies upon request.
§ 102–75.390 What does the term ‘‘surplus airport property’’ mean?
For the purposes of this part, surplus
airport property is any surplus real
property including improvements and
personal property included as a part of
the operating unit that the Administrator of FAA deems is—
(a) Essential, suitable, or desirable
for the development, improvement, operation, or maintenance of a public airport, as defined in the Federal Airport
Act, as amended (49 U.S.C. 1101); or
(b) Reasonably necessary to fulfill
the immediate and foreseeable future
requirements of the grantee for the development, improvement, operation, or
maintenance of a public airport, including property needed to develop
sources of revenue from non-aviation
businesses at a public airport. Approval
for non-aviation revenue-producing
areas may only be given for such areas
as are anticipated to generate net proceeds that do not exceed expected deficits for operation of the aviation area
applied for at the airport.
§ 102–75.395 May surplus airport property be conveyed or disposed of to a
State, political subdivision, municipality, or tax-supported institution
for a public airport?
Yes, section 13(g) of the Surplus
Property Act of 1944 (49 U.S.C. § 47151)

authorizes the disposal agency to convey or dispose of surplus airport property to a State, political subdivision,
municipality, or tax-supported institution for use as a public airport.
§ 102–75.400 Is industrial property located on an airport also considered
to be ‘‘airport property’’?
No, if the Administrator of General
Services determines that a property’s
highest and best use is industrial, then
the property must be classified as such
for disposal without regard to the public benefit conveyance provisions of
this subpart.
§ 102–75.405 What responsibilities does
the Federal Aviation Administration (FAA) have after receiving a
copy of the notice (and a copy of
the Report of Excess Real Property
(Standard Form 118)) given to eligible public agencies that there is
surplus airport property?
As soon as possible after receiving
the copy of the surplus notice, the FAA
must inform the disposal agency of its
determination. Then, the FAA must
provide assistance to any eligible public agency known to have a need for
the property for a public airport, so
that the public agency may develop a
comprehensive and coordinated plan of
use and procurement for the property.
§ 102–75.410 What action must the disposal agency take after an eligible
public agency has submitted a plan
of use and application to acquire
property for a public airport?
After an eligible public agency submits a plan of use and application, the
disposal agency must transmit two
copies of the plan and two copies of the
application to the appropriate FAA regional office. The FAA must promptly
submit a recommendation to the disposal agency for disposal of the property for a public airport or must inform the disposal agency that no such
recommendation will be submitted.
§ 102–75.415 What happens after the
disposal agency receives the FAA’s
recommendation for disposal of the
property for a public airport?
The head of the disposal agency, or
his or her designee, may convey property approved by the FAA for use as a
public airport to the eligible public

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§ 102–75.420

41 CFR Ch. 102 (7–1–13 Edition)

agency, subject to the provisions of the
Surplus Property Act of 1944, as
amended.
§ 102–75.420 What happens if the FAA
informs the disposal agency that it
does not recommend disposal of the
property for a public airport?
Any airport property that the FAA
does not recommend for disposal as a
public airport must be disposed of in
accordance with other applicable provisions of this part. However, the disposal agency must first notify the
landholding agency of its inability to
dispose of the property for use as a
public airport. In addition, the disposal
agency must allow the landholding
agency 30 days to withdraw the property from surplus or to waive any future interest in the property for public
airport use.
§ 102–75.425 Who has sole responsibility for enforcing compliance with
the terms and conditions of disposal for property disposed of for
use as a public airport?
The Administrator of the FAA has
the sole responsibility for enforcing
compliance with the terms and conditions of disposals to be used as a public
airport. The FAA is also responsible for
reforming, correcting, or amending any
disposal instruments; granting releases; and any action necessary for recapturing the property, using the provisions of 49 U.S.C. 47101 et seq.
§ 102–75.430 What happens if property
conveyed for use as a public airport
is revested in the United States?
If property that was conveyed for use
as a public airport is revested in the
United States for noncompliance with
the terms of the disposal, or other
cause, the Administrator of the FAA
must be accountable for the property
and must report the property to GSA
as excess property following the provisions of this part.
§ 102–75.435 Does the Airport and Airway Development Act of 1970, as
amended (Airport Act of 1970),
apply to the transfer of airports to
State and local agencies?
No, the Airport and Airway Development Act of 1970, as amended (49 U.S.C.
47101–47131) (Airport Act of 1970), does

not apply to the transfer of airports to
State and local agencies. The transfer
of airports to State and local agencies
may be made only under section 13(g)
of the Surplus Property Act of 1944 (49
U.S.C. 47151–47153). Only property that
the landholding agency determines
cannot be reported excess to GSA for
disposal under Title 40, but nevertheless may be made available for use by
a State or local public body as a public
airport without being inconsistent
with the Federal program of the landholding agency, may be conveyed under
the Airport Act of 1970. In the latter instance, the Airport Act of 1970 may be
used to transfer non-excess land for
airport development purposes provided
it does not constitute an entire airport.
An entire, existing and established airport can only be disposed of to a State
or eligible local government under section 13(g) of the Surplus Property Act
of 1944.
PROPERTY FOR USE AS HISTORIC
MONUMENTS
§ 102–75.440 Who must disposal agencies notify that surplus property is
available for historic monument
use?
Disposal agencies must notify State
and area wide clearinghouses and eligible public agencies that property that
may be conveyed for use as a historic
monument has been determined to be
surplus. A copy of the landholding
agency’s Report of Excess Real Property (Standard Form 118) with accompanying schedules must be transmitted
with the copy of each notice that is
sent to the appropriate regional or
field offices of the National Park Service (NPS) of the Department of the Interior (DOI).
§ 102–75.445 Who can convey surplus
real and related personal property
for historic monument use?
A disposal agency may convey surplus real and related personal property
for use as a historic monument, without monetary consideration, to any
State, political subdivision, instrumentality thereof, or municipality, for the
benefit of the public, provided the Secretary of the Interior has determined
that the property is suitable and desirable for such use.

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Federal Management Regulation

§ 102–75.480

§ 102–75.450 What type of property is
suitable or desirable for use as a
historic monument?
Only property conforming with the
recommendation of the Advisory Board
on National Parks, Historic Sites,
Buildings, and Monuments shall be determined to be suitable or desirable for
use as a historic monument.
§ 102–75.455 May historic monuments
be used for revenue-producing activities?
The disposal agency may authorize
the use of historic monuments conveyed under 40 U.S.C. 550(h) or the Surplus Property Act of 1944, as amended,
for revenue-producing activities, if the
Secretary of the Interior—
(a) Determines that the activities,
described in the applicant’s proposed
program of use, are compatible with
the use of the property for historic
monument purposes;
(b) Approves the grantee’s plan for
repair, rehabilitation, restoration, and
maintenance of the property;
(c) Approves the grantee’s plan for financing the repair, rehabilitation, restoration, and maintenance of the property. DOI must not approve the plan
unless it provides that all income in
excess of costs of repair, rehabilitation,
restoration, maintenance, and a specified reasonable profit or payment that
may accrue to a lessor, sublessor, or
developer in connection with the management, operation, or development of
the property for revenue producing activities, is used by the grantee, lessor,
sublessor, or developer, only for public
historic preservation, park, or recreational purposes; and
(d) Examines and approves the grantee’s accounting and financial procedures for recording and reporting on
revenue-producing activities.
§ 102–75.460 What information must
disposal agencies furnish eligible
public agencies?
Upon request, the disposal agency
must furnish eligible public agencies
with adequate preliminary property information and, with the landholding
agency’s cooperation, provide assistance to enable public agencies to obtain adequate property information.

§ 102–75.465 What information must eligible public agencies interested in
acquiring real property for use as a
historic monument submit to the
appropriate regional or field offices
of the National Park Service (NPS)
of the Department of the Interior
(DOI)?
Eligible public agencies must submit
the original and two copies of the completed application to acquire real property for use as a historic monument to
the appropriate regional or field offices
of NPS, which will forward one copy of
the application to the appropriate regional office of the disposal agency.
§ 102–75.470 What action must NPS
take after an eligible public agency
has submitted an application for
conveyance of surplus property for
use as a historic monument?
NPS must promptly—
(a) Submit the Secretary of the Interior’s determination to the disposal
agency; or
(b) Inform the disposal agency that
no such recommendation will be submitted.
§ 102–75.475 What happens after the
disposal agency receives the Secretary of the Interior’s determination for disposal of the surplus
property for a historic monument
and compatible revenue-producing
activities?
The head of the disposal agency or
his or her designee may convey to an
eligible public agency surplus property
determined by the Secretary of the Interior to be suitable and desirable for
use as a historic monument for the
benefit of the public and for compatible
revenue-producing activities subject to
the provisions of 40 U.S.C. 550(h).
§ 102–75.480 Who has the responsibility
for enforcing compliance with the
terms and conditions of disposal for
surplus property conveyed for use
as a historic monument?
The Secretary of the Interior has the
responsibility for enforcing compliance
with the terms and conditions of such
a disposal. DOI is also responsible for
reforming, correcting, or amending any
disposal instrument; granting releases;
and any action necessary for recapturing the property using the provisions of 40 U.S.C. 550(b). The actions

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§ 102–75.485

41 CFR Ch. 102 (7–1–13 Edition)

are subject to the approval of the head
of the disposal agency.
§ 102–75.485 What happens if property
that was conveyed for use as a historic monument is revested in the
United States?
In such a case, DOI must notify the
appropriate GSA Public Buildings
Service (PBS) Regional Office immediately by letter when title to the historic property is to be revested in the
United States for noncompliance with
the terms and conditions of disposal or
for other cause. The notification must
cite the legal and administrative actions that DOI must take to obtain full
title and possession of the property. In
addition, it must include an adequate
description of the property, including
any improvements constructed since
the original conveyance to the grantee.
After receiving a statement from DOI
that 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 DOI, determines that the property
should be revested, DOI must submit a
Report of Excess Real Property, 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 of
the property until the title reverts to
the Federal Government, including the
period of the 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 EDUCATIONAL AND
PUBLIC HEALTH PURPOSES
§ 102–75.490 Who must notify eligible
public agencies that surplus real
property for educational and public
health purposes is available?
The disposal agency must notify eligible public agencies that surplus property is available for educational and/or
public health purposes. The notice
must require that any plans for an educational or public health use, resulting
from the development of the comprehensive and coordinated plan of use
and procurement for the property,
must be coordinated with the Department of Education (ED) or the Depart-

ment of Health and Human Services
(HHS), as appropriate. The notice must
also let eligible public agencies know
where to obtain the applications, instructions for preparing them, and
where to submit the application. The
requirement for educational or public
health use of the property by an eligible public agency is contingent upon
the disposal agency’s approval, under
§ 102–75.515, of a recommendation for assignment of Federal surplus real property received from ED or HHS. Further, any subsequent transfer is subject
to the approval of the head of the disposal agency as stipulated under 40
U.S.C. 550(c) or (d) and referenced in
§ 102–75.535.
§ 102–75.495 May the Department of
Education (ED) or the Department
of Health and Human Services
(HHS) notify nonprofit organizations that surplus real property and
related personal property is available for educational and public
health purposes?
Yes, ED or HHS may notify eligible
non-profit institutions that such property has been determined to be surplus.
Notices to eligible non-profit institutions must require eligible non-profit
institutions to coordinate any request
for educational or public health use of
the property with the appropriate public agency responsible for developing
and submitting a comprehensive and
coordinated plan of use and procurement for the property.
§ 102–75.500 Which Federal agencies
may the head of the disposal agency
(or his or her designee) assign for
disposal surplus real property to be
used for educational and public
health purposes?
The head of the disposal agency or
his designee may—
(a) Assign to the Secretary of ED for
disposal under 40 U.S.C. 550(c) surplus
real property, including buildings, fixtures, and equipment, as recommended
by the Secretary as being needed for
school, classroom, or other educational
use; or
(b) Assign to the Secretary of HHS
for disposal under 40 U.S.C. 550 (d) such
surplus real property, including buildings, fixtures, and equipment situated

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Federal Management Regulation

§ 102–75.525

thereon, as recommended by the Secretary as being needed for use in the
protection of public health, including
research.
§ 102–75.505 Is the request for educational or public health use of a
property by an eligible nonprofit institution contingent upon the disposal agency’s approval?
Yes, eligible non-profit organizations
will only receive surplus real property
for an educational or public health use
if the disposal agency approves or
grants the assignment request from either ED or HHS. The disposal agency
will also consider other uses for available surplus real property, taking into
account the highest and best use determination. Any subsequent transfer is
subject to the approval of the head of
the disposal agency as stipulated under
40 U.S.C. 550(c) or (d) and referenced in
this part.
§ 102–75.510 When must the Department of Education and the Department of Health and Human Services
notify the disposal agency that an
eligible applicant is interested in
acquiring the property?
ED and HHS must notify the disposal
agency if it has an eligible applicant
interested in acquiring the property
within 30 calendar days after the date
of the surplus notice. Then, after the
30-day period expires, ED or HHS has 30
calendar days to review and approve an
application and request assignment of
the property, or inform the disposal
agency that no assignment request will
be forthcoming.
§ 102–75.515 What action must the disposal agency take after an eligible
public agency has submitted a plan
of use for property for an educational or public health requirement?
When an eligible public agency submits a plan of use for property for an
educational or public health requirement, the disposal agency must transmit two copies of the plan to the regional office of ED or HHS, as appropriate. The ED or HHS must submit to
the disposal agency, within 30 calendar
days after the date the plan is transmitted, a recommendation for assignment of the property to the Secretary

of ED or HHS, as appropriate, or must
inform the disposal agency, within the
30–calendar day period, that a recommendation will not be made for assignment of the property to ED or
HHS. If, after considering other uses
for the property, the disposal agency
approves the assignment recommendation from ED or HHS, it must assign
the property by letter or other document to the Secretary of ED or HHS,
as appropriate. The disposal agency
must furnish to the landholding agency
a copy of the assignment, unless the
landholding agency is also the disposal
agency. If the recommendation is disapproved, the disposal agency must
likewise notify the appropriate Department.
§ 102–75.520 What must the Department of Education or the Department of Health and Human Services
address in the assignment recommendation that is submitted to
the disposal agency?
Any assignment recommendation
that ED or HHS submits to the disposal
agency must provide complete information concerning the educational or
public health use, including—
(a) Identification of the property;
(b) The name of the applicant and the
size and nature of its program;
(c) The specific use planned;
(d) The intended public benefit allowance;
(e) The estimate of the value upon
which such proposed allowance is
based; and
(f) An explanation if the acreage or
value of the property exceeds the
standards established by the Secretary.
§ 102–75.525 What responsibilities do
landholding agencies have concerning properties to be used for
educational and public health purposes?
Landholding agencies must cooperate
to the fullest extent possible with representatives of ED or HHS in their inspection of such property and in furnishing information relating to the
property.

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§ 102–75.530

41 CFR Ch. 102 (7–1–13 Edition)

§ 102–75.530 What happens if the Department of Education or the Department of Health and Human
Services does not approve any applications for conveyance of the
property for educational or public
health purposes?
In the absence of an approved application from ED or HHS to convey the
property for educational or public
health purposes, which must be received within the 30 calendar day time
limit, the disposal agency will proceed
with other disposal actions.
§ 102–75.535 What responsibilities does
the Department of Education or the
Department of Health and Human
Services have after receiving the
disposal agency’s assignment letter?
After receiving the disposal agency’s
assignment letter, ED or HHS must
furnish the disposal agency with a Notice of Proposed Transfer within 30 calendar days. If the disposal agency approves the proposed transfer within 30
days of receiving the Notice of Proposed Transfer, ED or HHS may prepare the transfer documents and proceed with the transfer. ED or HHS
must take all necessary actions to accomplish the transfer within 15–calendar days beginning when the disposal
agency approves the transfer. ED or
HHS must furnish the disposal agency
two conformed copies of deeds, leases
or other instruments conveying the
property under 40 U.S.C. 550(c) or (d)
and all related documents containing
restrictions or conditions regulating
the future use, maintenance or transfer
of the property.
§ 102–75.540 Who is responsible for enforcing compliance with the terms
and conditions of the transfer for
educational or public health purposes?
ED or HHS, as appropriate, is responsible for enforcing compliance with the
terms and conditions of transfer. ED or
HHS is also responsible for reforming,
correcting, or amending any transfer
instruments; granting releases; and for
taking any necessary actions for recapturing the property using or following
the provisions of 40 U.S.C. 550(b). These
actions are subject to the approval of
the head of the disposal agency. ED or
HHS must notify the disposal agency of

its intent to take any actions to recapture the property. The notice must
identify the property affected, describe
in detail the proposed action, and state
the reasons for the proposed action.
§ 102–75.545 What happens if property
that was transferred to meet an
educational or public health requirement is revested in the United
States for noncompliance with the
terms of sale, or other cause?
In each case of repossession under a
terminated lease or reversion of title
for noncompliance with the terms or
conditions of sale or other cause, ED or
HHS must, prior to repossession or reversion of title, provide the appropriate
GSA regional property disposal office
with an accurate description of the real
and related personal property involved
using the Report of Excess Real Property (Standard Form 118), and the appropriate schedules. After receiving a
statement from ED or HHS that the
property is proposed for revesting, GSA
will review the statement and determine if title should be revested. If
GSA, in conjunction with ED or HHS,
determines that the property should be
revested, ED or HHS 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 of 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 PROVIDING SELF-HELP
HOUSING OR HOUSING ASSISTANCE
§ 102–75.550 What does ‘‘self-help housing or housing assistance’’ mean?
Property for self-help housing or
housing assistance (which is separate
from the program under Title V of the
McKinney-Vento Homeless Assistance
Act covered in subpart H of this part)
is property for low-income housing opportunities through the construction,
rehabilitation, or refurbishment of
housing, under terms that require
that—

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Federal Management Regulation

§ 102–75.585

(a) Any individual or family receiving housing or housing assistance must
contribute a significant amount of
labor toward the construction, rehabilitation, or refurbishment; and
(b) Dwellings constructed, rehabilitated, or refurbished must be quality
dwellings that comply with local building and safety codes and standards and
must be available at prices below prevailing market prices.
§ 102–75.555 Which Federal agency receives the property assigned for
self-help housing or housing assistance for low-income individuals or
families?
The head of the disposal agency, or
designee, may assign, at his/her discretion, surplus real property, including
buildings, fixtures, and equipment to
the Secretary of the Department of
Housing
and
Urban
Development
(HUD).
§ 102–75.560 Who notifies eligible public agencies that real property to be
used for self-help housing or housing assistance purposes is available?
The disposal agency must notify eligible public agencies that surplus property is available. The notice must require that any plans for self-help housing or housing assistance use resulting
from the development of the comprehensive and coordinated plan of use
and procurement for the property must
be coordinated with HUD. Eligible public agencies may obtain an application
form and instructions for preparing
and submitting the application from
HUD.
§ 102–75.565 Is the requirement for
self-help housing or housing assistance use of the property by an eligible public agency or non-profit organization contingent upon the disposal agency’s approval of an assignment recommendation from the
Department of Housing and Urban
Development (HUD)?
Yes, the requirement for self-help
housing or housing assistance use of
the property by an eligible public agency or nonprofit organization is contingent upon the disposal agency’s approval under § 102–75.585 of HUD’s assignment
recommendation/request.
Any subsequent transfer is subject to

the approval of the head of the disposal
agency as stipulated under 40 U.S.C.
550(f) and referenced in § 102–75.605.
§ 102–75.570 What happens if the disposal agency does not approve the
assignment recommendation?
If the recommendation is not approved, the disposal agency must also
notify the Secretary of HUD and then
may proceed with other disposal action.
§ 102–75.575 Who notifies non-profit organizations that surplus real property and related personal property
to be used for self-help housing or
housing assistance purposes is
available?
HUD notifies eligible non-profit organizations, following guidance in the
GSA Customer Guide to Real Property
Disposal. Such notices must require eligible nonprofit organizations to—
(a) Coordinate any requirement for
self-help housing or housing assistance
use of the property with the appropriate public agency; and
(b) Declare to the disposal agency an
intent to develop and submit a comprehensive and coordinated plan of use
and procurement for the property.
§ 102–75.580 When must HUD notify
the disposal agency that an eligible
applicant is interested in acquiring
the property?
HUD must notify the disposal agency
within 30 calendar days after the date
of the surplus notice. Then, after the
30-day period expires, HUD has 30 calendar days to review and approve an
application and request assignment or
inform the disposal agency that no assignment request is forthcoming.
§ 102–75.585 What action must the disposal agency take after an eligible
public agency has submitted a plan
of use for property for a self-help
housing or housing assistance requirement?
When an eligible public agency submits a plan of use for property for a
self-help housing or housing assistance
requirement, the disposal agency must
transmit two copies of the plan to the
appropriate HUD regional office. HUD
must submit to the disposal agency,
within 30 calendar days after the date

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§ 102–75.590

41 CFR Ch. 102 (7–1–13 Edition)

the plan is transmitted, a recommendation for assignment of the property to
the Secretary of HUD, or must inform
the disposal agency, within the 30–calendar day period, that a recommendation will not be made for assignment of
the property to HUD. If, after considering other uses for the property, the
disposal agency approves the assignment recommendation from HUD, it
must assign the property by letter or
other document to the Secretary of
HUD. The disposal agency must furnish
to the landholding agency a copy of the
assignment, unless the landholding
agency is also the disposal agency. If
the disposal agency disapproves the
recommendation, the disposal agency
must likewise notify the Secretary of
HUD.
§ 102–75.590 What does the assignment
recommendation contain?
Any assignment recommendation
that HUD submits to the disposal agency must set forth complete information
concerning the self-help housing or
housing assistance use, including—
(a) Identification of the property;
(b) Name of the applicant and the
size and nature of its program;
(c) Specific use planned;
(d) Intended public benefit allowance;
(e) Estimate of the value upon which
such proposed allowance is based; and
(f) An explanation, if the acreage or
value of the property exceeds the
standards established by the Secretary.
§ 102–75.595 What responsibilities do
landholding agencies have concerning properties to be used for
self-help housing or housing assistance use?
Landholding agencies must cooperate
to the fullest extent possible with HUD
representatives in their inspection of
such property and in furnishing information relating to such property.
§ 102–75.600 What happens if HUD
does not approve any applications
for self-help housing or housing assistance use?
In the absence of an approved application from HUD for self-help housing
or housing assistance use, which must
be received within the 30–calendar day
time limit specified therein, the dis-

posal agency must proceed with other
disposal action.
§ 102–75.605 What responsibilities does
HUD have after receiving the disposal agency’s assignment letter?
After receiving the disposal agency’s
assignment letter, HUD must furnish
the disposal agency with a Notice of
Proposed Transfer within 30 calendar
days. If the disposal agency approves
the proposed transfer within 30 calendar days of receiving the Notice of
Proposed Transfer, HUD may prepare
the transfer documents and proceed
with the transfer. HUD must take all
necessary actions to accomplish the
transfer within 15 calendar days beginning when the disposal agency approves the transfer. HUD must furnish
the disposal agency two conformed copies of deeds, leases or other instruments conveying the property under 40
U.S.C. 550(f) and all related documents
containing restrictions or conditions
regulating the future use, maintenance
or transfer of the property.
§ 102–75.610 Who is responsible for enforcing compliance with the terms
and conditions of the transfer of
the property for self-help housing
or housing assistance use?
HUD is responsible for enforcing
compliance with the terms and conditions of transfer. HUD is also responsible for reforming, correcting, or
amending any transfer instrument;
granting releases; and for taking any
necessary actions for recapturing the
property using the provisions of 40
U.S.C. 550(b). These actions are subject
to the approval of the head of the disposal agency. HUD must notify the
head of the disposal agency of its intent to take action to recapture the
property. The notice must identify the
property affected, describe in detail the
proposed action, and state the reasons
for the proposed action.
§ 102–75.615 Who is responsible for enforcing compliance with the terms
and conditions of property transferred under section 414(a) of the
1969 HUD Act?
HUD maintains responsibility for
properties previously conveyed under
section 414(a) of the 1969 HUD Act.
Property transferred to an entity other

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Federal Management Regulation

§ 102–75.640

than a public body and used for any
purpose other than that for which it
was sold or leased within a 30-year period must revert to the United States.
If the property was leased, then the
lease terminates. The appropriate Secretary (HUD or Department of Agriculture) and the Administrator of GSA
can approve the new use of the property after the first 20 years of the original 30-year period has expired.
§ 102–75.620 What happens if property
that was transferred to meet a selfhelp housing or housing assistance
use requirement is found to be in
noncompliance with the terms of
sale?
In each case of repossession under a
terminated lease or reversion of title
for noncompliance with the terms or
conditions of sale or other cause, HUD
(or USDA for property conveyed
through the former Farmers Home Administration program under section
414(a) of the 1969 HUD Act) must, prior
to repossession or reversion of title,
provide the appropriate GSA regional
office with an accurate description of
the real and related personal property
involved using the Report of Excess
Real Property (Standard Form 118),
and the appropriate schedules. After
receiving a statement from HUD (or
USDA) that title to the property is
proposed for revesting, GSA will review
the statement and determine if title
should be revested. If GSA, in conjunction with HUD (or USDA), determines
that the property should be revested,
HUD (or USDA) 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 of 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 USE AS PUBLIC PARK OR
RECREATION AREAS
§ 102–75.625 Which Federal agency is
assigned surplus real property for
public park or recreation purposes?
The head of the disposal agency or
his or her designee is authorized to assign to the Secretary of the Interior for
disposal under 40 U.S.C. 550(e), surplus
real property, including buildings, fixtures, and equipment as recommended
by the Secretary as being needed for
use as a public park or recreation area
for conveyance to a State, political
subdivision, instrumentalities, or municipality.
§ 102–75.630 Who must disposal agencies notify that real property for
public park or recreation purposes
is available?
The disposal agency must notify established State, regional, or metropolitan clearinghouses and eligible public
agencies that surplus property is available for use as a public park or recreation area. The disposal agency must
transmit the landholding agency’s Report of Excess Real Property (Standard
Form 118, with accompanying schedules) with the copy of each notice sent
to a regional or field office of the National Park Service (NPS) of the Department of the Interior (DOI).
§ 102–75.635 What information must
the Department of the Interior
(DOI) furnish eligible public agencies?
Upon request, DOI must furnish eligible public agencies with an application
form to acquire property for permanent
use as a public park or recreation area
and preparation instructions for the
application.
§ 102–75.640 When must DOI notify the
disposal agency that an eligible applicant is interested in acquiring
the property?
DOI must notify the disposal agency
if it has an eligible applicant interested in acquiring the property within
30 calendar days from the date of the
surplus notice.

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§ 102–75.645

41 CFR Ch. 102 (7–1–13 Edition)

§ 102–75.645 What responsibilities do
landholding agencies have concerning properties to be used for
public park or recreation purposes?
Landholding agencies must cooperate
to the fullest extent possible with DOI
representatives in their inspection of
the property and in furnishing information relating to the property.
§ 102–75.650 When must DOI request
assignment of the property?
Within 30 calendar days after the expiration of the 30–calendar day period
specified in § 102–75.640, DOI must submit to the disposal agency an assignment recommendation along with a
copy of the application or inform the
disposal agency that a recommendation will not be made for assignment of
the property.
§ 102–75.655 What does the assignment
recommendation contain?
Any recommendation submitted by
DOI must provide complete information concerning the plans for use of the
property as a public park or recreation
area, including—
(a) Identification of the property;
(b) The name of the applicant;
(c) The specific use planned; and
(d) The intended public benefit allowance.
§ 102–75.660 What happens if DOI does
not approve any applications or
does not submit an assignment recommendation?
If DOI does not approve any applications or does not submit an assignment
recommendation to convey the property for public park or recreation purposes, the disposal agency must proceed with other disposal action.
§ 102–75.665 What happens after the
disposal agency receives the assignment recommendation from DOI?
If, after considering other uses for
the property, the disposal agency approves the assignment recommendation from DOI, it must assign the property by letter or other document to the
Secretary of the Interior. The disposal
agency must furnish to the landholding
agency a copy of the assignment, unless the landholding agency is also the
disposal agency. If the recommenda-

tion is disapproved, the disposal agency
must likewise notify the Secretary.
§ 102–75.670 What responsibilities does
DOI have after receiving the disposal agency’s assignment letter?
After receiving the disposal agency’s
assignment letter, the Secretary of the
Interior must provide the disposal
agency with a Notice of Proposed
Transfer within 30 calendar days. If the
disposal agency approves the proposed
transfer within 30 calendar days, the
Secretary may proceed with the transfer. DOI must take all necessary actions to accomplish the transfer within
15 calendar days after the expiration of
the 30–calendar day period provided for
the disposal agency to consider the notice. DOI may place the applicant in
possession of the property as soon as
practicable to minimize the Government’s expense of protection and maintenance of the property. As of the date
the applicant takes possession of the
property, or the date it is conveyed,
whichever occurs first, the applicant
must assume responsibility for care
and handling and all risks of loss or
damage to the property, and has all obligations and liabilities of ownership.
DOI must furnish the disposal agency
two conformed copies of deeds, leases,
or other instruments conveying property under 40 U.S.C. 550(e) and related
documents containing reservations, restrictions, or conditions regulating the
future use, maintenance or transfer of
the property.
§ 102–75.675 What responsibilities does
the grantee or recipient of the
property have in accomplishing or
completing the transfer?
Where appropriate, the disposal agency may make the assignment subject
to DOI requiring the grantee or recipient to bear the cost of any out-of-pocket expenses necessary to accomplish
the transfer, such as for surveys, fencing, security of the remaining property, or otherwise.

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Federal Management Regulation

§ 102–75.700

§ 102–75.680 What information must be
included in the deed of conveyance
of any surplus property transferred
for public park or recreation purposes?
The deed of conveyance of any surplus real property transferred for public park and recreation purposes under
40 U.S.C. 550(e) must require that the
property be used and maintained for
the purpose for which it was conveyed
in perpetuity. In the event that the
property ceases to be used or maintained for that purpose, all or any portion of such property will in its existing condition, at the option of the
United States, revert to the United
States. The deed of conveyance may
contain additional terms, reservations,
restrictions, and conditions determined
by the Secretary of the Interior to be
necessary to safeguard the interests of
the United States.
§ 102–75.685 Who is responsible for enforcing compliance with the terms
and conditions of the transfer of
property used for public park or
recreation purposes?
The Secretary of the Interior is responsible for enforcing compliance
with the terms and conditions of transfer. The Secretary of the Interior is
also responsible for reforming, correcting, or amending any transfer instrument; granting releases; and for recapturing any property following the
provisions of 40 U.S.C. 550(b). These actions are subject to the approval of the
head of the disposal agency. DOI must
notify the head of the disposal agency
of its intent to take or recapture the
property. The notice must identify the
property affected and describe in detail
the proposed action, including the reasons for the proposed action.
§ 102–75.690 What happens if property
that was transferred for use as a
public park or recreation area is revested in the United States by reason of noncompliance with the
terms or conditions of disposal, or
for other cause?
DOI must notify the appropriate GSA
regional office immediately by letter
when title to property transferred for
use as a public park or recreation area
is to be revested in the United States
for noncompliance with the terms or

conditions of disposal or for other
cause. The notification must cite the
legal and administrative actions that
DOI must take to obtain full title and
possession of the property. In addition,
it must include an adequate description of the property, using the Report
of Excess Real Property (Standard
Form 118) and the appropriate schedules. After receiving notice from DOI
that 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 DOI, determines that the property
should be revested, DOI 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 of 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 DISPLACED PERSONS
§ 102–75.695 Who can receive surplus
real property for the purpose of
providing replacement housing for
persons who are to be displaced by
Federal
or
Federally
assisted
projects?
Section 218 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, 42 U.S.C. 4638 (the Relocation
Act), authorizes the disposal agency to
transfer surplus real property to a
State agency to provide replacement
housing under title II of the Relocation
Act for persons who are or will be displaced by Federal or Federally assisted
projects.
§ 102–75.700 Which Federal agencies
may solicit applications from eligible State agencies interested in acquiring the property to provide replacement housing for persons
being displaced by Federal or Federally assisted projects?
After receiving the surplus notice,
any Federal agency needing property
for replacement housing for displaced

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§ 102–75.705

41 CFR Ch. 102 (7–1–13 Edition)

persons may solicit applications from
eligible State agencies.
§ 102–75.705 When must the Federal
agency notify the disposal agency
that an eligible State agency is interested in acquiring the property
under section 218?
Federal agencies must notify the disposal agency within 30 calendar days
after the date of the surplus notice, if
an eligible State agency is interested
in acquiring the property under section
218 of the Relocation Act.
§ 102–75.710 What responsibilities do
landholding and disposal agencies
have concerning properties used
for providing replacement housing
for persons who will be displaced
by Federal or Federally assisted
projects?
Both landholding and disposal agencies must cooperate, to the fullest extent possible, with Federal and State
agency representatives in their inspection of the property and in furnishing
information relating to the property.
§ 102–75.715 When can a Federal agency request transfer of the property
to the selected State agency?
Federal agencies must advise the disposal agency and request transfer of
the property to the selected State
agency within 30 calendar days after
the expiration of the 30–calendar day
period specified in § 102–75.705.
§ 102–75.720 Is there a specific or preferred format for the transfer request and who should receive it?
Any request submitted by a Federal
agency must be in the form of a letter
addressed to the appropriate GSA Public Buildings Service (PBS) regional
property disposal office.
§ 102–75.725 What does the transfer request contain?
Any transfer request must include—
(a) Identification of the property by
name, location, and control number;
(b) The name and address of the specific State agency and a copy of the
State agency’s application or proposal;
(c) A certification by the appropriate
Federal agency official that the property is required to house displaced persons authorized by section 218; that all

other options authorized under title II
of the Relocation Act have been explored and replacement housing cannot
be found or made available through
those channels; and that the Federal or
Federally assisted project cannot be
accomplished unless the property is
made available for replacement housing;
(d) Any special terms and conditions
that the Federal agency deems necessary to include in conveyance instruments to ensure that the property is
used for the intended purpose;
(e) The name and proposed location
of the Federal or Federally assisted
project that is creating the requirement;
(f) Purpose of the project;
(g) Citation of enabling legislation or
authorization for the project, when appropriate;
(h) A detailed outline of steps taken
to obtain replacement housing for displaced persons as authorized under
title II of the Relocation Act; and
(i) Details of the arrangements that
have been made to construct replacement housing on the surplus property
and to ensure that displaced persons
will be provided housing in the development.
§ 102–75.730 What happens if a Federal
agency does not submit a transfer
request to the disposal agency for
property to be used for replacement
housing for persons who will be displaced by Federal or Federally assisted projects?
If the disposal agency does not receive a request for assignment or
transfer of the property under § 102–
75.715, then the disposal agency must
proceed with other appropriate disposal
actions.
§ 102–75.735 What happens after the
disposal agency receives the transfer request from the Federal agency?
If, after considering other uses for
the property, the disposal agency determines that the property should be
made available for replacement housing under section 218, it must transfer
the property to the designated State
agency on such terms and conditions as
will protect the United States’ interests, including the payment or the

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Federal Management Regulation

§ 102–75.765

agreement to pay to the United States
all amounts received by the State
agency from any sale, lease, or other
disposition of the property for such
housing. The sale, lease, or other disposition of the property by the State
agency must be at the fair market
value as approved by the disposal agency, unless a compelling justification is
offered for disposal of the property at
less than fair market value. Disposal of
the property at less than fair market
value must also be approved by the disposal agency.
§ 102–75.740 Does the State agency
have any responsibilities in helping
to accomplish the transfer of the
property?
Yes, the State agency is required to
bear the costs of any out-of-pocket expenses necessary to accomplish the
transfer, such as costs of surveys, fencing, or security of the remaining property.
§ 102–75.745 What happens if the property transfer request is not approved by the disposal agency?
If the request is not approved, the
disposal agency must notify the Federal agency requesting the transfer.
The disposal agency must furnish a
copy of the notice of disapproval to the
landholding agency.
PROPERTY FOR CORRECTIONAL FACILITY,
LAW ENFORCEMENT, OR EMERGENCY
MANAGEMENT RESPONSE PURPOSES
§ 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 rescue
services, if the Director of the Federal
Emergency
Management
Agency
(FEMA) has determined that the property is required for such purposes.
§ 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?
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.
§ 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?
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 OJP or FEMA.
§ 102–75.765 What does the term ‘‘law
enforcement’’ mean?
The OJP defines ‘‘law enforcement’’
as ‘‘any activity involving the control

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§ 102–75.770

41 CFR Ch. 102 (7–1–13 Edition)

or reduction of crime and juvenile delinquency, or enforcement of the criminal law, including investigative activities such as laboratory functions as
well as training.’’
§ 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?
Yes, the disposal agency must approve a determination, under § 102–
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.
§ 102–75.775 Is the disposal agency required to approve a determination
by FEMA that identifies surplus
property for emergency management response use?
Yes, the disposal agency must approve a determination, under § 102–
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.
§ 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 30–calendar day period
allotted for review and approval.

§ 102–75.785 What specifically must
DOJ or FEMA address in the assignment request or recommendation that is submitted to the disposal agency?
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;
(b) Certification that the property is
required for correctional 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.
§ 102–75.790 What responsibilities do
landholding agencies and disposal
agencies have concerning properties to be used for correctional facility, law enforcement, or emergency management response purposes?
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.
§ 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 § 102–75.780. 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

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Federal Management Regulation

§ 102–75.820

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?
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?
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 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?
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, OJP 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
§ 102–75.820 Which Federal agency is
eligible to receive surplus real and
related personal property for the
development or operation of a port
facility?
Under 40 U.S.C. 554, the Administrator of General Services, the Secretary of the Department of Defense (in
the case of property located at a military installation closed or realigned
pursuant to a base closure law), or
their designee, may assign to the Secretary of the Department of Transportation (DOT) for conveyance, without
monetary consideration, to any State,
or to governmental bodies, any political subdivision, municipality, or instrumentality, surplus real and related
personal property, including buildings,
fixtures, and equipment situated on the
property, that DOT recommends as

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§ 102–75.825

41 CFR Ch. 102 (7–1–13 Edition)

being needed for the development or
operation of a port facility.
§ 102–75.825 Who must the disposal
agency notify when surplus real
and related personal property is
available for port facility use?
The disposal agency must notify established State, regional or metropolitan clearinghouses and eligible public
agencies that surplus real property is
available for the development or operation of a port facility. The disposal
agency must transmit a copy of the notice to DOT and a copy of the landholding agency’s Report of Excess Real
Property (Standard Form 118 and supporting schedules).
§ 102–75.830 What does the surplus notice contain?
Surplus notices to eligible public
agencies must state—
(a) That public agencies must coordinate any planning involved in the development of the comprehensive and
coordinated plan of use and procurement of property, with DOT, the Secretary of Labor, and the Secretary of
Commerce;
(b) That any party interested in acquiring the property for use as a port
facility must contact the Department
of Transportation, Maritime Administration, for the application and instructions;
(c) That the disposal agency must approve a recommendation from DOT before it can assign the property to DOT
(see § 102–75.905); and
(d) That any subsequent conveyance
is subject to the approval of the head of
the disposal agency as stipulated under
40 U.S.C. 554 and referenced in § 102–
75.865.
§ 102–75.835 When must DOT notify
the disposal agency that an eligible
applicant is interested in acquiring
the property?
DOT 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, DOT then has another 30 calendar days to review and
approve applications and notify the
disposal agency of the need for the
property. If no application is approved,

then DOT must notify the disposal
agency that there is no requirement for
the property within the same 30–calendar day period allotted for review
and approval.
§ 102–75.840 What action must the disposal agency take after an eligible
public agency has submitted a plan
of use for and an application to acquire a port facility property?
Whenever an eligible public agency
has submitted a plan of use for a port
facility requirement, the disposal agency must transmit two copies of the
plan to DOT. DOT must either submit
to the disposal agency, within 30 calendar days after the date the plan is
transmitted, a recommendation for assignment of the property to DOT, or inform the disposal agency, within the
30–calendar day period, that a recommendation will not be made for assignment of the property to DOT.
§ 102–75.845 What must DOT address
in the assignment recommendation
submitted to the disposal agency?
Any assignment recommendation
that DOT submits to the disposal agency must provide complete information
concerning the contemplated port facility use, including—
(a) An identification of the property;
(b) An identification of the applicant;
(c) A copy of the approved application, which defines the proposed plan of
use of the property;
(d) A statement that DOT’s determination (that the property is located
in an area of serious economic disruption) was made in consultation with
the Secretary of Labor;
(e) A statement that DOT approved
the economic development plan, associated with the plan of use of the property, in consultation with the Secretary of Commerce; and
(f) A copy of the explanatory statement,
required
under
40
U.S.C.
554(c)(2)(C).
§ 102–75.850 What responsibilities do
landholding agencies have concerning properties to be used in the
development or operation of a port
facility?
Landholding agencies must cooperate
to the fullest extent possible with DOT
representatives and the Secretary of

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Federal Management Regulation

§ 102–75.880

Commerce in their inspection of such
property, and with the Secretary of
Labor in affirming that the property is
in an area of serious economic disruption, and in furnishing any information
relating to such property.
§ 102–75.855 What happens if DOT does
not submit an assignment recommendation?
If DOT does not submit an assignment recommendation or if it is not received within 30 calendar days, the disposal agency must proceed with other
disposal action.
§ 102–75.860 What happens after the
disposal agency receives the assignment recommendation from DOT?
If, after considering other uses for
the property, the disposal agency approves the assignment recommendation from DOT, the disposal agency
must assign the property by letter or
other document to DOT. If the disposal
agency disapproves the recommendation, the disposal agency must likewise
notify DOT. The disposal agency must
furnish to the landholding agency a
copy of the assignment, unless the
landholding agency is also the disposal
agency.
§ 102–75.865 What responsibilities does
DOT have after receiving the disposal agency’s assignment letter?
After receiving the assignment letter
from the disposal agency, DOT must
provide the disposal agency with a Notice of Proposed Transfer within 30 calendar days after the date of the assignment letter. If the disposal agency approves the proposed transfer within 30
calendar days of the receipt of the Notice of Proposed Transfer, DOT may
prepare the conveyance documents and
proceed with the conveyance. DOT
must take all necessary actions to accomplish the conveyance within 15 calendar days after the expiration of the
30–calendar day period provided for the
disposal agency to consider the notice.
DOT must furnish the disposal agency
two conformed copies of the instruments conveying property and all related documents containing restrictions or conditions regulating the future use, maintenance, or transfer of
the property.

§ 102–75.870 Who is responsible for enforcing compliance with the terms
and conditions of the port facility
conveyance?
DOT is responsible for enforcing compliance with the terms and conditions
of conveyance, including reforming,
correcting, or amending any instrument of conveyance; granting releases;
and taking any necessary actions to recapture the property following the provisions of 40 U.S.C. 554(f). Any of these
actions are subject to the approval of
the head of the disposal agency. DOT
must notify the head of the disposal
agency of its intent to take any proposed action, identify the property affected, and describe in detail the proposed action, including the reasons for
the proposed action.
§ 102–75.875 What happens in the case
of repossession by the United States
under a reversion of title for noncompliance with the terms or conditions of conveyance?
In each case of a repossession by the
United States, DOT must, at or prior to
reversion of title, provide the appropriate GSA regional property disposal
office, with a Report of Excess Real
Property (Standard Form 118) and accompanying schedules. After receiving
a statement from DOT that 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 DOT, determines that the property should be revested, DOT 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 the 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.
NEGOTIATED SALES
§ 102–75.880 When
may
Executive
agencies conduct negotiated sales?
Executive agencies may conduct negotiated sales only when—

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§ 102–75.885

41 CFR Ch. 102 (7–1–13 Edition)

(a) The estimated fair market value
of the property does not exceed $15,000;
(b) Bid prices after advertising are
unreasonable (for all or part of the
property) or were not independently arrived at in open competition;
(c) The character or condition of the
property or unusual circumstances
make it impractical to advertise for
competitive bids and the fair market
value of the property and other satisfactory terms of disposal are obtainable by negotiation;
(d) The disposals will be to States,
the Commonwealth of Puerto Rico,
possessions, political subdivisions, or
tax-supported agencies therein, and the
estimated fair market value of the
property and other satisfactory terms
of disposal are obtainable by negotiation. Negotiated sales to public bodies
can only be conducted if a public benefit, which would not be realized from
a competitive sale, will result from the
negotiated sale; or
(e) Negotiation is otherwise authorized by Chapter 5 of Subtitle I of Title
40 of the United States Code or other
law, such as disposals of power transmission lines for public or cooperative
power projects.
§ 102–75.885 What are the disposal
agency’s responsibilities concerning
negotiated sales?
The disposal agency must—
(a) Obtain such competition as is feasible in all negotiations of disposals
and contracts for disposal of surplus
property; and
(b) Prepare and transmit an explanatory statement if the fair market value
of the property exceeds $100,000, identifying the circumstances of each disposal by negotiation for any real property specified in 40 U.S.C. 545(e), to the
appropriate committees of the Congress in advance of such disposal.
§ 102–75.890 What clause must be in
the offer to purchase and conveyance documents for negotiated
sales to public agencies?
Disposal agencies must include in the
offer to purchase and conveyance documents an excess profits clause, which
usually runs for 3 years, to eliminate
the potential for windfall profits to
public agencies. This clause states
that, if the purchaser should sell or

enter into agreements to sell the property within 3 years from the date of
title transfer by the Federal Government, all proceeds in excess of the purchaser’s costs will be remitted to the
Federal Government.
§ 102–75.895 What wording must generally be in the excess profits
clause that is required in the offer
to purchase and in the conveyance
document?
The wording of the excess profits
clause should generally be as follows:
Excess Profits Covenant for Negotiated
Sales to Public Bodies
(a) This covenant shall run with the land
for a period of 3 years from the date of conveyance. With respect to the property described in this deed, if at any time within a
3-year period from the date of transfer of
title by the Grantor, the Grantee, or its successors or assigns, shall sell or enter into
agreements to sell the property, either in a
single transaction or in a series of transactions, it is covenanted and agreed that all
proceeds received or to be received in excess
of the Grantee’s or a subsequent seller’s actual allowable costs will be remitted to the
Grantor. In the event of a sale of less than
the entire property, actual allowable costs
will be apportioned to the property based on
a fair and reasonable determination by the
Grantor.
(b) For purposes of this covenant, the
Grantee’s or a subsequent seller’s allowable
costs shall include the following:
(1) The purchase price of the real property.
(2) The direct costs actually incurred and
paid for improvements that serve only the
property, including road construction, storm
and sanitary sewer construction, other public facilities or utility construction, building
rehabilitation and demolition, landscaping,
grading, and other site or public improvements.
(3) The direct costs actually incurred and
paid for design and engineering services with
respect to the improvements described in
(b)(2) of this section.
(4) The finance charges actually incurred
and paid in conjunction with loans obtained
to meet any of the allowable costs enumerated above.
(c) None of the allowable costs described in
paragraph (b) of this section will be deductible if defrayed by Federal grants or if used
as matching funds to secure Federal grants.
(d) To verify compliance with the terms
and conditions of this covenant, the Grantee,
or its successors or assigns, shall submit an
annual report for each of the subsequent 3
years to the Grantor on the anniversary date
of this deed. Each report will identify the
property involved in this transaction and

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Federal Management Regulation

§ 102–75.930

will contain such of the following items of
information as are applicable at the time of
submission:
(1) A statement indicating whether or not
a resale has been made.
(2) A description of each portion of the
property that has been resold.
(3) The sale price of each such resold portion.
(4) The identity of each purchaser.
(5) The proposed land use.
(6) An enumeration of any allowable costs
incurred and paid that would offset any realized profit.
(e) The Grantor may monitor the property
and inspect records related thereto to ensure
compliance with the terms and conditions of
this covenant and may take any actions that
it deems reasonable and prudent to recover
any excess profits realized through the resale
of the property.

§ 102–75.900 What is a negotiated sale
for economic development purposes?
A negotiated sale for economic development purposes means that the public
body purchasing the property will develop or make substantial improvements to the property with the intention of reselling or leasing the property
in parcels to users to advance the community’s economic benefit. This type
of negotiated sale is acceptable where
the expected public benefits to the
community are greater than the anticipated proceeds derived from a competitive public sale.
EXPLANATORY STATEMENTS FOR
NEGOTIATED SALES
§ 102–75.905 When must the disposal
agency prepare an explanatory
statement?
The disposal agency must prepare an
explanatory statement of the circumstances of each of the following
proposed disposals by negotiation:
(a) Any real property that has an estimated fair market value in excess of
$100,000, except that any real property
disposed of by lease or exchange is subject only to paragraphs (b) through (d)
of this section.
(b) Any real property disposed of by
lease for a term of 5 years or less, if the
estimated fair annual rent is in excess
of $100,000 for any of such years.
(c) Any real property disposed of by
lease for a term of more than 5 years,
if the total estimated rent over the

term of the lease is in excess of
$100,000.
(d) Any real property or real and related personal property disposed of by
exchange, regardless of value, or any
property disposed in which any part of
the consideration is real property.
§ 102–75.910 Are there any exceptions
to this policy of preparing explanatory statements?
Yes, the disposal agency is not required to prepare an explanatory statement for property authorized to be disposed of without advertising by any
provision of law other than 40 U.S.C.
545.
§ 102–75.915 Do disposal agencies need
to retain a copy of the explanatory
statement?
Yes, disposal agencies must retain a
copy of the explanatory statement in
their files.
§ 102–75.920 Where is the explanatory
statement sent?
Disposal agencies must submit each
explanatory statement to the Administrator of General Services for review
and transmittal by letter from the Administrator of General Services to the
Senate Committee on Governmental
Affairs and the House Committee on
Government Reform and any other appropriate committees of the Senate
and House of Representatives. Disposal
agencies must include in the submission to the Administrator of General
Services any supporting data that may
be relevant and necessary for evaluating the proposed action.
§ 102–75.925 Is GSA required to furnish
the disposal agency with the explanatory statement’s transmittal
letter sent to Congress?
Yes, GSA must furnish copies of its
transmittal letters to the committees
of the Congress (see § 102–75.920) to the
disposal agency.
§ 102–75.930 What happens if there is
no objection by an appropriate
committee or subcommittee of Congress concerning the proposed negotiated sale?
If there is no objection, the disposal
agency may consummate the sale on or

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§ 102–75.935

41 CFR Ch. 102 (7–1–13 Edition)

after 35 days from the date the Administrator of General Services transmitted the explanatory statement to
the committees. If there is an objection, the disposal agency must resolve
objections with the appropriate Congressional committee or subcommittee
before consummating the sale.
PUBLIC SALES

§ 102–75.938 May the easement and the
land that benefited from the easement (dominant estate) be disposed
of separately?
Yes. If the easement is no longer
needed in connection with the dominant estate, it may be disposed of separately to the owner of the servient estate. However, if the dominant estate
is also surplus, the easement should be
disposed of with the dominant estate.

§ 102–75.935 What are disposal agencies’ responsibilities concerning
public sales?

GRANTING EASEMENTS

Disposal agencies must make available by competitive public sale any
surplus property that is not disposed of
by public benefit discount conveyance
or by negotiated sale. Awards must be
made to the responsible bidder whose
bid will be most advantageous to the
Government, price and other factors
considered.

§ 102–75.939 When can agencies grant
easements?

DISPOSING OF EASEMENTS

Yes. Easements may be granted with
or without monetary or other consideration, including any interest in real
property.

§ 102–75.936 When can an agency dispose of an easement?
When the use, occupancy or control
of an easement is no longer needed,
agencies may release the easement to
the owner of the land subject to the
easement (servient estate).
§ 102–75.937 Can an easement be released or disposed of at no cost?
Yes. However, agencies must consider
the Government’s cost of acquiring the
easement and other factors when determining if the easement will be disposed
of with or without monetary or other
consideration. If the easement was acquired at substantial consideration,
agencies must—
(a) Determine the easement’s fair
market value (estimate the fair market value of the fee land without the
easement and with the easement then
compute the difference or compute the
damage the easement caused to the fee
land); and
(b) Negotiate the highest obtainable
price with the owner of the servient estate to release the easement.

Agencies may grant easements in,
on, or over Government-owned real
property upon determining that the
easement will not adversely impact the
Government’s interests.
§ 102–75.940 Can agencies grant easements at no cost?

§ 102–75.941 Does an agency retain responsibility for the easement?
Agencies may relinquish legislative
jurisdiction as deemed necessary and
desirable to the State where the real
property containing the easement is located.
§ 102–75.942 What must agencies consider when granting easements?
Agencies must—
(a) Determine the easement’s fair
market value; and
(b) Determine the remaining property’s reduced or enhanced value because of the easement.
§ 102–75.943 What happens if granting
an easement will reduce the value
of the property?
If the easement will reduce the property’s value, agencies must grant the
easement for the amount by which the
property’s fair market value is decreased unless the agency determines
that the Government’s best interests
are served by granting the easement at
either reduced or without monetary or
other consideration.

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Federal Management Regulation

§ 102–75.965

NON-FEDERAL INTERIM USE OF SURPLUS
PROPERTY

related obligations pending transfer or
disposal of the property.

§ 102–75.944 Can landholding agencies
outlease surplus real property for
non-Federal interim use?
Yes, landholding agencies who possess independent authority to outlease
property may allow organizations to
use surplus real property awaiting disposal using either a lease or permit,
only when—
(a) The lease or permit does not exceed one year and is revocable with not
more than a 30-day notice by the disposal agency;
(b) The use and occupancy will not
interfere with, delay, or impede the
disposal of the property; and
(c) The agency executing the agreement is responsible for the servicing of
such property.

DECONTAMINATION

Subpart D—Management of
Excess and Surplus Real Property
§ 102–75.945 What is GSA’s policy concerning the physical care, handling,
protection, and maintenance of excess and surplus real property and
related personal property?
GSA’s policy is to—
(a) Manage excess and surplus real
property, including related personal
property, by providing only those minimum services necessary to preserve
the Government’s interest and realizable value of the property considered;
(b) Place excess and surplus real
property in productive use through interim utilization, provided, that such
temporary use and occupancy do not
interfere with, delay, or impede its
transfer to a Federal agency or disposal; and
(c) Render safe or destroy aspects of
excess and surplus real property that
are dangerous to the public health or
safety.
TAXES AND OTHER OBLIGATIONS
§ 102–75.950 Who has the responsibility
for paying property-related obligations pending transfer or disposal
of the property?
Except as otherwise provided in § 10275.230, the landholding agency is still
responsible for any and all operational
costs and expenses or other property-

§ 102–75.955 Who is responsible for decontaminating excess and surplus
real property?
The landholding agency is responsible for all expenses to the Government and for the supervision of the decontamination of excess and surplus
real property that has been contaminated with hazardous materials of any
sort. Extreme care must be exercised in
the decontamination, management,
and disposal of contaminated property
in order to prevent such properties
from becoming a hazard to the general
public. The landholding agency must
inform the disposal agency of any and
all hazards involved relative to such
property to protect the general public
from hazards and to limit the Government’s liability resulting from disposal
or mishandling of hazardous materials.
IMPROVEMENTS OR ALTERATIONS
§ 102–75.960 May landholding agencies
make improvements or alterations
to excess or surplus property in
those cases where disposal is otherwise not feasible?
Yes, landholding agencies may make
improvements or alterations that involve rehabilitation, reconditioning,
conversion, completion, additions, and
replacements in excess or surplus
structures, utilities, installations, and
land improvements, in those cases
where disposal cannot be accomplished
without such improvements or alterations. However, agencies must not
enter into commitments concerning
improvements or alterations without
GSA’s prior approval.
PROTECTION AND MAINTENANCE
§ 102–75.965 Who must perform the
protection and maintenance of excess and surplus real property
pending transfer to another Federal
agency or disposal?
The landholding agency remains responsible and accountable for excess
and surplus real property, including related personal property, and must perform the protection and maintenance
of such property pending transfer to

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§ 102–75.970

41 CFR Ch. 102 (7–1–13 Edition)

another Federal agency or disposal.
Guidelines for protection and maintenance of excess and surplus real property are in the GSA Customer Guide to
Real Property Disposal. The landholding agency is responsible for complying with the requirements of the
National Oil and Hazardous Substances
Pollution Contingency Plan and initiating or cooperating with others in the
actions prescribed for the prevention,
containment, or remedy of hazardous
conditions.
§ 102–75.970 How long is the landholding agency responsible for the
expense of protection and maintenance of excess and surplus real
property pending its transfer or
disposal?
Generally, the landholding agency is
responsible for the cost of protection
and maintenance of excess or surplus
property until the property is transferred or disposed, but not more than
15 months. However, the landholding
agency is responsible for providing and
funding protection and maintenance
during any delay beyond that 15 month
period, if the landholding agency—
(a) Requests deferral of the disposal
beyond the 15 month period;
(b) Continues to occupy the property
beyond the 15 month period to the detriment of orderly disposal; or
(c) Otherwise takes actions that result in a delay in the disposition beyond the 15 months.
§ 102–75.975 What happens if the property is not conveyed or disposed of
during this time frame?
If the property is not transferred to a
Federal agency or disposed of during
the 15-month period mentioned in § 102–
75.970, then the disposal agency must
pay or reimburse the landholding agency for protection and maintenance expenses incurred from the expiration
date of said time period to final disposal, unless—
(a) There is no written agreement between the landholding agency and the
disposal agency specifying the maximum amount of protection and maintenance expenses for which the disposal
agency is responsible;
(b) The disposal agency’s appropriation, as authorized by Congress, does
not contain a provision to allow for

payment and/or reimbursement of protection and maintenance expenses; or
(c) The delay is caused by an Executive agency’s request for an exception
from the 100 percent reimbursement requirement specified in § 102–75.205. In
this latter case, the requesting agency
becomes responsible for protection and
maintenance expenses incurred because
of the delay.
§ 102–75.980 Who is responsible for
protection and maintenance expenses if there is no written agreement or no Congressional appropriation to the disposal agency?
If there is no written agreement (between the landholding agency and the
disposal agency) or no Congressional
appropriation to the disposal agency,
the landholding agency is responsible
for all protection and maintenance expenses, without any right of contribution or reimbursement from the disposal agency.
ASSISTANCE IN DISPOSITION
§ 102–75.985 Is the landholding agency
required to assist the disposal agency in the disposition process?
Yes, the landholding agency must cooperate with the disposal agency in
showing the property to prospective
transferees or purchasers. Unless extraordinary expenses are incurred in
showing the property, the landholding
agency must absorb the entire cost of
such actions.

Subpart E—Abandonment, Destruction, or Donation to Public Bodies
§ 102–75.990 May
Federal
agencies
abandon, destroy, or donate to public bodies real property?
Yes, subject to the restrictions in
this subpart, any Federal agency having control of real property that has no
commercial value or for which the estimated cost of continued care and handling exceeds the estimated proceeds
from its sale, may—
(a) Abandon or destroy Governmentowned improvements and related personal property located on privatelyowned land;

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§ 102–75.1030

(b) Destroy Government-owned improvements and related personal property located on Government-owned
land (abandonment of such property is
not authorized); or
(c) Donate to public bodies any Government-owned real property (land and/
or improvements and related personal
property), or interests therein.
DANGEROUS PROPERTY
§ 102–75.995 May Federal agencies dispose of dangerous property?
No, property that is dangerous to
public health or safety must be made
harmless or have adequate safeguards
in place before it can be abandoned, destroyed, or donated to public bodies.
DETERMINATIONS
§ 102–75.1000 How is the decision
made to abandon, destroy, or donate property?
No property shall be abandoned, destroyed, or donated by a Federal agency under § 102–75.990, unless a duly authorized official of that agency determines, in writing, that—
(a) The property has no commercial
value; or
(b) The estimated cost of its continued care and handling exceeds the estimated proceeds from its sale.
§ 102–75.1005 Who can make the determination within the Federal agency
on whether a property can be abandoned, destroyed, or donated?
Only a duly authorized official of
that agency not directly accountable
for the subject property can make the
determination.
§ 102–75.1010 When is a reviewing authority required to approve the determination concerning a property
that is to be abandoned, destroyed,
or donated?
A reviewing authority must approve
determinations made under § 102–75.1000
before any such disposal, whenever all
the property proposed to be disposed of
by a Federal agency has a current estimated fair market value of more than
$50,000.

RESTRICTIONS
§ 102–75.1015 Are there any restrictions on Federal agencies concerning property donations to public bodies?
Yes, Federal agencies must obtain
prior concurrence of GSA before donating to public bodies—
(a) Improvements on land or related
personal property having a current estimated fair market value in excess of
$250,000; and
(b) Land, regardless of cost.
DISPOSAL COSTS
§ 102–75.1020 Are public bodies ever
required to pay the disposal costs
associated with donated property?
Yes, any public body receiving donated improvements on land or related
personal property must pay the disposal costs associated with the donation, such as dismantling, removal, and
the cleaning up of the premises.
ABANDONMENT AND DESTRUCTION
§ 102–75.1025 When can a Federal
agency abandon or destroy improvements on land or related personal property in lieu of donating it
to a public body?
A Federal agency may not abandon
or destroy improvements on land or related personal property unless a duly
authorized official of that agency finds,
in writing, that donating the property
is not feasible. This written finding is
in addition to the determination prescribed in §§ 102–75.1000, 102–75.1005, and
102–75.1010. If donating the property becomes feasible at any time prior to actually abandoning or destroying the
property, the Federal agency must donate it.
§ 102–75.1030 May Federal agencies
abandon or destroy property in any
manner they decide?
No, Federal agencies may not abandon or destroy property in a manner
that is detrimental or dangerous to
public health or safety or that will infringe on the rights of other persons.

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§ 102–75.1035

41 CFR Ch. 102 (7–1–13 Edition)

§ 102–75.1035 Are there any restrictions on Federal agencies concerning the abandonment or destruction of improvements on land
or related personal property?
Yes, GSA must concur in an agency’s
abandonment or destruction of improvements on land or related personal
property prior to abandoning or destroying such improvements on land or
related personal property—
(a) That are of permanent type construction; or
(b) The retention of which would enhance the value of the underlying land,
if it were to be made available for sale
or lease.
§ 102–75.1040 May Federal agencies
abandon or destroy improvements
on land or related personal property before public notice is given of
such proposed abandonment or destruction?
Except as provided in § 102–75.1045, a
Federal agency must not abandon or
destroy improvements on land or related personal property until after it
has given public notice of the proposed
abandonment or destruction. This notice must be given in the area in which
the property is located, must contain a
general description of the property to
be abandoned or destroyed, and must
include an offering of the property for
sale. A copy of the notice must be
given to the GSA regional property disposal office for the region in which the
property is located.
§ 102–75.1045 Are there exceptions to
the policy that requires public notice be given before Federal agencies abandon or destroy improvements on land or related personal
property?
Yes, property can be abandoned or
destroyed without public notice if—
(a) Its value is so low or the cost of
its care and handling so great that retaining the property to post public notice is clearly not economical;
(b) Health, safety, or security considerations require its immediate abandonment or destruction; or
(c) The assigned mission of the agency might be jeopardized by the delay,
and a duly authorized Federal agency
official finds in writing, with respect to
paragraph (a), (b), or (c) of this section,

and a reviewing authority approves
this finding. The finding must be in addition to the determinations prescribed
in §§ 102–75.1000, 102–75.1005, 102–75.1010,
and 102–75.1025.
§ 102–75.1050 Is there any property for
which this subpart does not apply?
Yes, this subpart does not apply to
surplus property assigned for disposal
to educational or public health institutions pursuant to 40 U.S.C. 550(c) or (d).

Subpart F—Delegations
DELEGATION TO THE DEPARTMENT OF
DEFENSE (DOD)
§ 102–75.1055 What is the policy governing delegations of real property
disposal authority to the Secretary
of Defense?
GSA delegates to the Secretary of
Defense the authority to determine
that Federal agencies do not need Department of Defense controlled excess
real property and related personal
property having a total estimated fair
market value, including all the component units of the property, of less than
$50,000; and to dispose of the property
by means deemed most advantageous
to the United States.
§ 102–75.1060 What must the Secretary
of Defense do before determining
that DoD-controlled excess real
property and related personal property is not required for the needs of
any Federal agency and prior to
disposal?
The Secretary must conduct a Federal screening to determine that there
is no further Federal need or requirement for the property.
§ 102–75.1065 When using a delegation
of real property disposal authority
under this subpart, is DoD required
to report excess property to GSA?
No, although the authority in this
delegation must be used following the
provisions of Chapter 5 of Subtitle I of
Title 40 of the United States Code and
its implementing regulations.

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Federal Management Regulation

§ 102–75.1105

§ 102–75.1070 Can this delegation of
authority to the Secretary of Defense be redelegated?
Yes, the Secretary of Defense may redelegate the authority delegated in
§ 102–75.1055 to any officer or employee
of the Department of Defense.
DELEGATION TO THE DEPARTMENT OF
AGRICULTURE (USDA)
§ 102–75.1075 What is the policy governing delegations of real property
disposal authority to the Secretary
of Agriculture?
GSA delegates authority to the Secretary of Agriculture to determine that
Federal agencies do not need USDAcontrolled excess real property and related personal property having a total
estimated fair market value, including
all the component units of the property, of less than $50,000; and to dispose
of the property by means deemed most
advantageous to the United States.
§ 102–75.1080 What must the Secretary
of Agriculture do before determining that USDA-controlled excess
real property and related personal
property is not required for the
needs of any Federal agency and
prior to disposal?
The Secretary must conduct a Federal screening to determine that there
is no further Federal need or requirement for the property.
§ 102–75.1085 When using a delegation
of real property disposal authority
under this subpart, is USDA required to report excess property to
GSA?
No, although the authority in this
delegation must be used following the
provisions of Chapter 5 of Subtitle I of
Title 40 of the United States Code and
its implementing regulations.
§ 102–75.1090 Can this delegation of
authority to the Secretary of Agriculture be redelegated?
Yes, the Secretary of Agriculture
may redelegate authority delegated in
§ 102–75.1075 to any officer or employee
of the Department of Agriculture.

DELEGATION TO THE DEPARTMENT OF
THE INTERIOR
§ 102–75.1095 What is the policy governing delegations of authority to
the Secretary of the Interior?
GSA delegates authority to the Secretary of the Interior to—
(a) Maintain custody, control, and
accountability for mineral resources
in, on, or under Federal real property
that the Administrator or his designee
occasionally designates as currently
utilized, excess, or surplus to the Government’s needs;
(b) Dispose of mineral resources by
lease and to administer those leases
that are made; and
(c) Determine that Federal agencies
do not need Department of the Interior
controlled excess real property and related personal property with an estimated fair market value, including all
components of the property, of less
than $50,000; and to dispose of the property by means most advantageous to
the United States.
§ 102–75.1100 Can this delegation of
authority to the Secretary of the Interior be redelegated?
Yes, the Secretary of the Interior
may redelegate this authority to any
officer, official, or employee of the Department of the Interior.
§ 102–75.1105 What other responsibilities does the Secretary of the Interior have under this delegation of
authority?
Under this authority, the Secretary
of the Interior is responsible for—
(a) Maintaining proper inventory
records, as head of the landholding
agency;
(b) Monitoring the minerals as necessary, as head of the landholding
agency, to prevent unauthorized mining or removal of the minerals;
(c) Securing any appraisals deemed
necessary by the Secretary;
(d) Coordinating with all surface
landowners, Federal or otherwise, to
prevent unnecessary interference with
the surface use;
(e) Restoring damaged or disturbed
lands after removal of the mineral deposits;
(f) Notifying the Administrator of
General Services when the disposal of

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§ 102–75.1110

41 CFR Ch. 102 (7–1–13 Edition)

all marketable mineral deposits is
complete;
(g) Complying with the applicable environmental laws and regulations, including the National Environmental
Policy Act of 1969, as amended (42
U.S.C. 4321 et seq.); and the implementing regulations issued by the
Council on Environmental Quality (40
CFR part 1500); section 106 of the National Historic Preservation Act of
1966, as amended (16 U.S.C. 470f); and
the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.) and the Department of Commerce implementing
regulations (15 CFR parts 923 and 930);
(h) Forwarding promptly to the Administrator of General Services copies
of any agreements executed under this
authority; and
(i) Providing the Administrator of
General Services with an annual accounting of the proceeds received from
leases executed under this authority.

§ 102–75.1115 Are there any limitations
or restrictions on this delegation of
authority?

NATIVE AMERICAN-RELATED
DELEGATIONS

§ 102–75.1125 Can
the
transfer/retransfer under this delegation be at
no cost or without consideration?

§ 102–75.1110 What is the policy governing delegations of authority to
the Secretary of the Interior, the
Secretary of Health and Human
Services, and the Secretary of Education for property used in the administration of any Native American-related functions?
GSA delegates authority to the Secretary of the Interior, the Secretary of
Health and Human Services, and the
Secretary of Education to transfer and
to retransfer to each other, upon request, any of the property of each
agency that is being used and will continue to be used in the administration
of any functions relating to the Native
Americans. The term property, as used
in this delegation, includes real property and such personal property as the
Secretary making the transfer or retransfer determines to be related personal property. The Departments must
exercise the authority conferred in this
section following applicable GSA regulations issued pursuant to the provisions of Chapter 5 of Subtitle I of Title
40 of the United States Code.

This authority must be used only in
connection with property that the appropriate Secretary determines—
(a) Comprises a functional unit;
(b) Is located within the United
States; and
(c) Has an acquisition cost of $100,000
or less, provided that the transfer or
retransfer does not include property
situated in any area that is recognized
as an urban area or place as identified
by the most recent decennial census.
§ 102–75.1120 Does the property have
to be Federally screened?
No, screening is not required because
it would accomplish no useful purpose,
since the property subject to transfer
or retransfer will continue to be used
in the administration of any functions
relating to Native Americans.

Yes, transfers/retransfers under this
delegation can be at no cost or without
consideration, except—
(a) Where funds programmed and appropriated for acquisition of the property are available to the Secretary requesting the transfer or retransfer; or
(b) Whenever reimbursement at fair
market value is required by subpart B
of this part (entitled ‘‘Utilization of
Excess Real Property’’).
§ 102–75.1130 What action must the
Secretary requesting the transfer
take where funds were not programmed and appropriated for acquisition of the property?
The Secretary requesting the transfer or retransfer must certify in writing that no funds are available to acquire the property. The Secretary
transferring or retransferring the property may make any determination necessary that would otherwise be made
by GSA to carry out the authority contained in this delegation.

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Federal Management Regulation

§ 102–75.1160

§ 102–75.1135 May this delegation of
authority to the Secretary of the Interior, the Secretary of Health and
Human Services, and the Secretary
of Education be redelegated?
Yes, the Secretary of the Interior,
the Secretary of Health and Human
Services, and the Secretary of Education may redelegate any of the authority contained in this delegation to
any officers or employees of their respective departments.

Subpart G—Conditional Gifts of
Real Property to Further the
Defense Effort
§ 102–75.1140 What is the policy governing the acceptance or rejection
of a conditional gift of real property
for a particular defense purpose?
Any Federal agency receiving an
offer of a conditional gift of real property for a particular defense purpose
within the purview of Chapter 582–Public Law 537 (July 27, 1954) must notify
the appropriate GSA regional property
disposal office and must submit to GSA
a recommendation indicating whether
the Government should accept or reject
the gift. Nothing in this subpart shall
be construed as applicable to the acceptance of gifts under the provisions
of other laws. Following receipt of such
notification and recommendation, GSA
must—
(a) Consult with the interested agencies before it may accept or reject such
conditional gifts of real property on behalf of the United States or before it
transfers such conditional gifts of real
property to an agency; and
(b) Advise the donor and the agencies
concerned of the action taken with respect to acceptance or rejection of the
conditional gift and of its final disposition.
§ 102–75.1145 What action must the
Federal agency receiving an offer of
a conditional gift take?
Prior to notifying the appropriate
GSA regional property disposal office,
the receiving Federal agency must acknowledge receipt of the offer in writing and advise the donor that the offer
will be referred to the appropriate GSA
regional property disposal office. The
receiving agency must not indicate ac-

ceptance or rejection of the gift on behalf of the United States at this time.
The receiving agency must provide a
copy of the acknowledgment with the
notification and recommendation to
the GSA regional property disposal office.
§ 102–75.1150 What happens to the gift
if GSA determines it to be acceptable?
When GSA determines that the gift is
acceptable and can be accepted and
used in the form in which it was offered, GSA must designate an agency
and transfer the gift without reimbursement to this agency to use as the
donor intended.
§ 102–75.1155 May an acceptable gift of
property be converted to money?
GSA can determine whether or not a
gift of property can and should be converted to money. After conversion,
GSA must deposit the funds with the
Treasury Department for transfer to an
appropriate account that will best effectuate the intent of the donor, in accordance with Treasury Department
procedures.

Subpart H—Use of Federal Real
Property to Assist the Homeless
DEFINITIONS
§ 102–75.1160 What definitions apply to
this subpart?
Applicant means any representative
of the homeless that has submitted an
application to the Department of
Health and Human Services to obtain
use of a particular suitable property to
assist the homeless.
Checklist or property checklist means
the form developed by HUD for use by
landholding agencies to report the information to be used by HUD in making determinations of suitability.
Classification means a property’s designation as unutilized, underutilized,
excess, or surplus.
Day means one calendar day, including weekends and holidays.
Eligible organization means a State,
unit of local government, or a private,
non-profit organization that provides
assistance to the homeless, and that is
authorized by its charter or by State

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§ 102–75.1160

41 CFR Ch. 102 (7–1–13 Edition)

law to enter into an agreement with
the Federal Government for use of real
property for the purposes of this subpart. Representatives of the homeless
interested in receiving a deed for a particular piece of surplus Federal property must be section 501(c)(3) tax exempt.
Excess property means any property
under the control of any Executive
agency that is not required for the
agency’s needs or the discharge of its
responsibilities, as determined by the
head of the agency pursuant to 40
U.S.C. 524.
GSA means the United States General Services Administration.
HHS means the United States Department of Health and Human Services.
Homeless means—
(1) An individual or family that lacks
a fixed, regular, and adequate nighttime residence; or
(2) An individual or family that has a
primary nighttime residence that is—
(i) A supervised publicly or privately
operated shelter designed to provide
temporary living accommodations (including welfare hotels, congregate
shelters, and transitional housing for
the mentally ill);
(ii) An institution that provides a
temporary residence for individuals intended to be institutionalized; or
(iii) A public or private place not designed for, or ordinarily used as, a regular
sleeping
accommodation
for
human beings. This term does not include any individual imprisoned or otherwise detained under an Act of Congress or a State law.
HUD means the United States Department of Housing and Urban Development.
ICH means the Interagency Council
on the Homeless.
Landholding agency means a Federal
department or agency with statutory
authority to control real property.
Lease means an agreement between
either HHS for surplus property, or
landholding agencies in the case of
non-excess properties or properties subject to the Base Closure and Realignment Act (Pub. L. 100–526, 10 U.S.C.
2687), and the applicant, giving rise to
the relationship of lessor and lessee for
the use of Federal real property for a

term of at least one year under the
conditions set forth in the lease document.
Non-profit organization means an organization, no part of the net earnings
of which inures to the benefit of any
member, founder, contributor, or individual; that has a voluntary board;
that has an accounting system or has
designated an entity that will maintain a functioning accounting system
for the organization in accordance with
generally accepted accounting procedures;
and
that
practices
nondiscrimination in the provision of assistance.
Permit means a license granted by a
landholding agency to use unutilized or
underutilized property for a specific
amount of time under terms and conditions determined by the landholding
agency.
Property means real property consisting of vacant land or buildings, or a
portion thereof, that is excess, surplus,
or designated as unutilized or underutilized in surveys by the heads of landholding agencies conducted pursuant to
40 U.S.C. 524.
Regional Homeless Coordinator means
a regional coordinator of the Interagency Council on the Homeless.
Representative of the Homeless means a
State or local government agency, or
private non-profit organization that
provides, or proposes to provide, services to the homeless.
Screen means the process by which
GSA surveys Federal agencies, or
State, local and non-profit entities, to
determine if any such entity has an interest in using excess Federal property
to carry out a particular agency mission or a specific public use.
State Homeless Coordinator means a
State contact person designated by a
State to receive and disseminate information and communications received
from the Interagency Council on the
Homeless in accordance with the
McKinney-Vento Homeless Assistance
Act of 1987, as amended (42 U.S.C.
11320).
Suitable property means that HUD has
determined that a particular property
satisfies the criteria listed in § 102–
75.1185.

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§ 102–75.1170

Surplus property means any excess
real property not required by any Federal landholding agency for its needs or
the discharge of its responsibilities, as
determined by the Administrator of
GSA.
Underutilized means an entire property or portion thereof, with or without improvements, which is used only
at irregular periods or intermittently
by the accountable landholding agency
for current program purposes of that
agency, or which is used for current
program purposes that can be satisfied
with only a portion of the property.
Unsuitable property means that HUD
has determined that a particular property does not satisfy the criteria in
§ 102–75.1185.
Unutilized property means an entire
property or portion thereof, with or
without improvements, not occupied
for current program purposes for the
accountable Executive agency or occupied in caretaker status only.
APPLICABILITY
§ 102–75.1165 What is the applicability
of this subpart?
(a) This part applies to Federal real
property that has been designated by
Federal landholding agencies as unutilized, underutilized, excess, or surplus,
and is, therefore, subject to the provisions of title V of the McKinney-Vento
Homeless Assistance Act, as amended
(42 U.S.C. 11411).
(b) The following categories of properties are not subject to this subpart
(regardless of whether they may be unutilized or underutilized):
(1) Machinery and equipment.
(2) Government-owned, contractoroperated machinery, equipment, land,
and other facilities reported excess for
sale only to the using contractor and
subject to a continuing military requirement.
(3) Properties subject to special legislation directing a particular action.
(4) Properties subject to a court
order.
(5) Property not subject to survey requirements of Executive Order 12512
(April 29, 1985).
(6) Mineral rights interests.
(7) Air Space interests.
(8) Indian Reservation land subject to
40 U.S.C. 523.

(9) Property interests subject to reversion.
(10) Easements.
(11) Property purchased in whole or
in part with Federal funds, if title to
the property is not held by a Federal
landholding agency as defined in this
part.
COLLECTING THE INFORMATION
§ 102–75.1170 How will information be
collected?
(a) Canvass of landholding agencies. On
a quarterly basis, HUD will canvass
landholding agencies to collect information about property described as unutilized, underutilized, excess, or surplus in surveys conducted by the agencies under 40 U.S.C. 524, Executive
Order 12512, and subpart H of this part.
Each canvass will collect information
on properties not previously reported
and about property reported previously
the status or classification of which
has changed or for which any of the information reported on the property
checklist has changed.
(1) HUD will request descriptive information on properties sufficient to
make a reasonable determination,
under the criteria described below, of
the suitability of a property for use as
a facility to assist the homeless.
(2) HUD will direct landholding agencies to respond to requests for information within 25 days of receipt of such
requests.
(b) Agency annual report. By December 31 of each year, each landholding
agency must notify HUD regarding the
current availability status and classification of each property controlled by
the agency that—
(1) Was included in a list of suitable
properties published that year by HUD;
and
(2) Remains available for application
for use to assist the homeless, or has
become available for application during that year.
(c) GSA inventory. HUD will collect
information, in the same manner as described in paragraph (a) of this section,
from GSA regarding property that is in
GSA’s current inventory of excess or
surplus property.
(d) Change in status. If the information provided on the property checklist

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§ 102–75.1175

41 CFR Ch. 102 (7–1–13 Edition)

changes subsequent to HUD’s determination of suitability, and the property remains unutilized, underutilized,
excess or surplus, the landholding
agency must submit a revised property
checklist in response to the next quarterly canvass. HUD will make a new
determination of suitability and, if it
differs from the previous determination, republish the property information in the FEDERAL REGISTER. For example, property determined unsuitable
for national security concerns may no
longer be subject to security restrictions, or property determined suitable
may subsequently be found to be contaminated.
SUITABILITY DETERMINATION
§ 102–75.1175 Who issues
ability determination?

the

suit-

(a) Suitability determination. Within 30
days after the receipt of information
from landholding agencies regarding
properties that were reported pursuant
to the canvass described in § 102–
75.1170(a), HUD will determine, under
criteria set forth in § 102–75.1185, which
properties are suitable for use as facilities to assist the homeless and report
its determination to the landholding
agency. Properties that are under
lease, contract, license, or agreement
by which a Federal agency retains a
real property interest or which are
scheduled to become unutilized or underutilized will be reviewed for suitability no earlier than six months prior
to the expected date when the property
will become unutilized or underutilized, except that properties subject to
the Base Closure and Realignment Act
may be reviewed up to eighteen months
prior to the expected date when the
property will become unutilized or underutilized.
(b) Scope of suitability. HUD will determine the suitability of a property
for use as a facility to assist the homeless without regard to any particular
use.
(c) Environmental information. HUD
will evaluate the environmental information contained in property checklists forwarded to HUD by the landholding agencies solely for the purpose
of determining suitability of properties
under the criteria in § 102–75.1185.

(d) Written record of suitability determination. HUD will assign an identification number to each property reviewed
for suitability. HUD will maintain a
written public record of the following:
(1) The suitability determination for
a particular piece of property, and the
reasons for that determination; and
(2) The landholding agency’s response
to the determination pursuant to the
requirements of § 102–75.1190(a).
(e) Property determined unsuitable.
Property that is reviewed by HUD
under this section and that is determined unsuitable for use to assist the
homeless may not be made available
for any other purpose for 20 days after
publication in the FEDERAL REGISTER
of a notice of unsuitability to allow for
review of the determination at the request of a representative of the homeless.
(f)
Procedures
for
appealing
unsuitability determinations. (1) To request review of a determination of
unsuitability, a representative of the
homeless must contact HUD within 20
days of publication of notice in the
FEDERAL REGISTER that a property is
unsuitable. Requests may be submitted
to HUD in writing or by calling 1–800–
927–7588 (Toll Free). Written requests
must be received no later than 20 days
after notice of unsuitability is published in the FEDERAL REGISTER.
(2) Requests for review of a determination of unsuitability may be made
only by representatives of the homeless, as defined in § 102–75.1160.
(3) The request for review must specify the grounds on which it is based,
i.e., that HUD has improperly applied
the criteria or that HUD has relied on
incorrect or incomplete information in
making the determination (e.g., that
property is in a floodplain but not in a
floodway).
(4) Upon receipt of a request to review a determination of unsuitability,
HUD will notify the landholding agency that such a request has been made,
request that the agency respond with
any information pertinent to the review, and advise the agency that it
should refrain from initiating disposal
procedures until HUD has completed
its
reconsideration
regarding
unsuitability.

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§ 102–75.1185

(i) HUD will act on all requests for
review within 30 days of receipt of the
landholding agency’s response and will
notify the representative of the homeless and the landholding agency in
writing of its decision.
(ii) If a property is determined suitable as a result of the review, HUD will
request the landholding agency’s determination of availability pursuant to
§ 102–75.1190(a), upon receipt of which
HUD will promptly publish the determination in the FEDERAL REGISTER. If
the determination of unsuitability
stands, HUD will inform the representative of the homeless of its decision.
REAL PROPERTY REPORTED EXCESS TO
GSA
§ 102–75.1180 For the purposes of this
subpart, what is the policy concerning real property reported excess to GSA?
(a) Each landholding agency must
submit a report to GSA of properties it
determines excess. Each landholding
agency must also provide a copy of
HUD’s suitability determination, if
any, including HUD’s identification
number for the property.
(b) If a landholding agency reports a
property to GSA that has been reviewed by HUD for homeless assistance
suitability and HUD determined the
property suitable, GSA will screen the
property pursuant to § 102–75.1180(g) and
will advise HUD of the availability of
the property for use by the homeless as
provided in § 102–75.1180(e). In lieu of
the above, GSA may submit a new
checklist to HUD and follow the procedures in § 102–75.1180(c) through § 102–
75.1180(g).
(c) If a landholding agency reports a
property to GSA that has not been reviewed by HUD for homeless assistance
suitability, GSA will complete a property checklist, based on information
provided by the landholding agency,
and will forward this checklist to HUD
for a suitability determination. This
checklist will reflect any change in
classification, i.e., from unutilized or
underutilized to excess.
(d) Within 30 days after GSA’s submission, HUD will advise GSA of the
suitability determination.
(e) When GSA receives a letter from
HUD listing suitable excess properties

in GSA’s inventory, GSA will transmit
to HUD within 45 days a response that
includes the following for each identified property:
(1) A statement that there is no other
compelling Federal need for the property and, therefore, the property will
be determined surplus; or
(2) A statement that there is further
and compelling Federal need for the
property (including a full explanation
of such need) and that, therefore, the
property is not presently available for
use to assist the homeless.
(f) When an excess property is determined suitable and available and notice is published in the FEDERAL REGISTER, GSA will concurrently notify
HHS, HUD, State and local government
units, known homeless assistance providers that have expressed interest in
the particular property, and other organizations, as appropriate, concerning
suitable properties.
(g) Upon submission of a Report of
Excess to GSA, GSA may screen the
property for Federal use. In addition,
GSA may screen State and local governmental units and eligible non-profit
organizations to determine interest in
the property in accordance with current regulations. (See GSA Customer
Guide to Real Property Disposal.)
(h) The landholding agency will retain custody and accountability and
will protect and maintain any property
that is reported excess to GSA as provided in § 102–75.965.
SUITABILITY CRITERIA
§ 102–75.1185
teria?

What are suitability cri-

(a) All properties, buildings, and land
will be determined suitable unless a
property’s characteristics include one
or more of the following conditions:
(1) National security concerns. A property located in an area to which the
general public is denied access in the
interest of national security (e.g.,
where a special pass or security clearance is a condition of entry to the
property) will be determined unsuitable. Where alternative access can be
provided for the public without compromising national security, the property will not be determined unsuitable
on this basis.

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§ 102–75.1190

41 CFR Ch. 102 (7–1–13 Edition)

(2) Property containing flammable or
explosive materials. A property located
within 2,000 feet of an industrial, commercial, or Federal facility handling
flammable or explosive material (excluding underground storage) will be
determined unsuitable. Above ground
containers with a capacity of 100 gallons or less, or larger containers that
provide the heating or power source for
the property, and that meet local safety, operation, and permitting standards, will not affect whether a particular property is determined suitable
or unsuitable. Underground storage,
gasoline stations, and tank trucks are
not included in this category, and their
presence will not be the basis of an
unsuitability
determination
unless
there is evidence of a threat to personal safety as provided in paragraph
(a)(5) of this section.
(3) Runway clear zone and military airfield clear zone. A property located
within an airport runway clear zone or
military airfield clear zone will be determined unsuitable.
(4) Floodway. A property located in
the floodway of a 100-year floodplain
will be determined unsuitable. If the
floodway has been contained or corrected, or if only an incidental portion
of the property not affecting the use of
the remainder of the property is in the
floodway, the property will not be determined unsuitable.
(5) Documented deficiencies. A property with a documented and extensive
condition(s) that represents a clear
threat to personal physical safety will
be determined unsuitable. Such conditions may include, but are not limited
to, contamination, structural damage,
extensive deterioration, friable asbestos, PCBs, natural hazardous substances such as radon, periodic flooding, sinkholes, or earth slides.
(6) Inaccessible. A property that is inaccessible will be determined unsuitable. An inaccessible property is one
that is not accessible by road (including property on small off-shore islands)
or is land locked (e.g., can be reached
only by crossing private property and
there is no established right or means
of entry).
(b) [Reserved]

DETERMINATION OF AVAILABILITY
§ 102–75.1190 What is the policy concerning determination of availability statements?
(a) Within 45 days after receipt of a
letter from HUD pursuant to § 102–
75.1170(a), each landholding agency
must transmit to HUD a statement of
one of the following:
(1) In the case of unutilized or underutilized property—
(i) An intention to declare the property excess;
(ii) An intention to make the property available for use to assist the
homeless; or
(iii) The reasons why the property
cannot be declared excess or made
available for use to assist the homeless. The reasons given must be different than those listed as suitability
criteria in § 102–75.1185.
(2) In the case of excess property that
had previously been reported to GSA—
(i) A statement that there is no compelling Federal need for the property
and that, therefore, the property will
be determined surplus; or
(ii) A statement that there is a further and compelling Federal need for
the property (including a full explanation of such need) and that, therefore, the property is not presently
available for use to assist the homeless.
(b) [Reserved]
PUBLIC NOTICE OF DETERMINATION
§ 102–75.1195 What is the policy concerning making public the notice of
determination?
(a) No later than 15 days after the
last–45 day period has elapsed for receiving responses from the landholding
agencies regarding availability, HUD
will publish in the FEDERAL REGISTER a
list of all properties reviewed, including a description of the property, its
address, and classification. The following designations will be made:
(1) Properties that are suitable and
available.
(2) Properties that are suitable and
unavailable.
(3) Properties that are suitable and
to be declared excess.
(4) Properties that are unsuitable.

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Federal Management Regulation

§ 102–75.1200

(b) Information about specific properties can be obtained by contacting
HUD at the following toll free number:
1–800–927–7588.
(c) HUD will transmit to the ICH a
copy of the list of all properties published in the FEDERAL REGISTER. The
ICH will immediately distribute to all
state and regional homeless coordinators area-relevant portions of the list.
The ICH will encourage the state and
regional homeless coordinators to disseminate this information widely.
(d) No later than February 15 of each
year, HUD will publish in the FEDERAL
REGISTER a list of all properties reported pursuant to § 102–75.1170(b).
(e) HUD will publish an annual list of
properties determined suitable, but
that agencies reported unavailable, including the reasons such properties are
not available.
(f) Copies of the lists published in the
FEDERAL REGISTER will be available for
review by the public in the HUD headquarters building library (room 8141);
area-relevant portions of the lists will
be available in the HUD regional offices and in major field offices.
APPLICATION PROCESS
§ 102–75.1200 How may representatives
of the homeless apply for the use of
properties to assist the homeless?
(a) Holding period. (1) Properties published as available for application for
use to assist the homeless shall not be
available for any other purpose for a
period of 60 days beginning on the date
of publication. Any representative of
the homeless interested in any underutilized, unutilized, excess or surplus
Federal property for use as a facility to
assist the homeless must send to HHS
a written expression of interest in that
property within 60 days after the property has been published in the FEDERAL
REGISTER.
(2) If a written expression of interest
to apply for suitable property for use
to assist the homeless is received by
HHS within the 60-day holding period,
such property may not be made available for any other purpose until the
date HHS or the appropriate landholding agency has completed action
on the application submitted pursuant
to that expression of interest.

(3) The expression of interest should
identify the specific property, briefly
describe the proposed use, the name of
the organization, and indicate whether
it is a public body or a private, nonprofit organization. The expression of
interest must be sent to the Division of
Health Facilities Planning (DHFP) of
the Department of Health and Human
Services at the following address: Director, Division of Health Facilities
Planning, Public Health Service, Room
17A–10, Parklawn Building, 5600 Fishers
Lane, Rockville, Maryland 20857. HHS
will notify the landholding agency (for
unutilized and underutilized properties) or GSA (for excess and surplus
properties) when an expression of interest has been received for a particular
property.
(4) An expression of interest may be
sent to HHS any time after the 60-day
holding period has expired. In such a
case, an application submitted pursuant to this expression of interest may
be approved for use by the homeless
if—
(i) No application or written expression of interest has been made under
any law for use of the property for any
purpose; and
(ii) In the case of excess or surplus
property, GSA has not received a bona
fide offer to purchase that property or
advertised for the sale of the property
by public auction.
(b) Application requirements. Upon receipt of an expression of interest,
DHFP will send an application packet
to the interested entity. The application packet requires the applicant to
provide certain information, including
the following:
(1) Description of the applicant organization. The applicant must document
that it satisfies the definition of a
‘‘representative of the homeless,’’ as
specified in § 102–75.1160. The applicant
must document its authority to hold
real property. Private, non-profit organizations applying for deeds must document that they are section 501(c)(3)
tax-exempt.
(2) Description of the property desired.
The applicant must describe the property desired and indicate that any
modifications made to the property
will conform to local use restrictions,

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§ 102–75.1200

41 CFR Ch. 102 (7–1–13 Edition)

except for, in the case of leasing the
property, local zoning regulations.
(3) Description of the proposed program.
The applicant must fully describe the
proposed program and demonstrate
how the program will address the needs
of the homeless population to be assisted. The applicant must fully describe what modifications will be made
to the property before the program becomes operational.
(4) Ability to finance and operate the
proposed program. The applicant must
specifically describe all anticipated
costs and sources of funding for the
proposed program. The applicant must
indicate that it can assume care, custody, and maintenance of the property
and that it has the necessary funds or
the ability to obtain such funds to
carry out the approved program of use
for the property.
(5) Compliance with non-discrimination
requirements. Each applicant and lessee
under this part must certify in writing
that it will comply with the requirements of the Fair Housing Act (42
U.S.C. 3601–3619) and implementing regulations; and as applicable, Executive
Order 11063 (Equal Opportunity in
Housing) and implementing regulations; Title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d to d–4) (Nondiscrimination in Federally-Assisted
Programs) and implementing regulations; the prohibitions against discrimination on the basis of age under
the Age Discrimination Act of 1975 (42
U.S.C. 6101–6107) and implementing regulations; and the prohibitions against
otherwise qualified individuals with
handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and implementing regulations. The applicant must state that it will not discriminate on the basis of race, color,
national origin, religion, sex, age, familial status, or disability in the use of
the property, and will maintain the required records to demonstrate compliance with Federal laws.
(6) Insurance. The applicant must certify that it will insure the property
against loss, damage, or destruction in
accordance with the requirements of 45
CFR § 12.9.
(7) Historic preservation. Where applicable, the applicant must provide information that will enable HHS to

comply with Federal historic preservation requirements.
(8) Environmental information. The applicant must provide sufficient information to allow HHS to analyze the potential impact of the applicant’s proposal on the environment, in accordance with the instructions provided
with the application packet. HHS will
assist applicants in obtaining any pertinent environmental information in
the possession of HUD, GSA, or the
landholding agency.
(9) Local government notification. The
applicant must indicate that it has informed, in writing, the applicable unit
of general local government responsible for providing sewer, water, police,
and fire services of its proposed program.
(10) Zoning and local use restrictions.
The applicant must indicate that it
will comply with all local use restrictions, including local building code requirements. Any applicant applying for
a lease or permit for a particular property is not required to comply with
local zoning requirements. Any applicant applying for a deed of a particular
property, pursuant to § 102–75.1200(b)(3),
must comply with local zoning requirements, as specified in 45 CFR part 12.
(c) Scope of evaluations. Due to the
short time frame imposed for evaluating applications, HHS’ evaluation
will, generally, be limited to the information contained in the application.
(d) Deadline. Completed applications
must be received by DHFP, at the
above address, within 90 days after an
expression of interest is received from
a particular applicant for that property. Upon written request from the
applicant, HHS may grant extensions,
provided that the appropriate landholding agency concurs with the extension. Because each applicant will have
a different deadline based on the date
the applicant submitted an expression
of interest, applicants should contact
the individual landholding agency to
confirm that a particular property remains available prior to submitting an
application.
(e) Evaluations. (1) Upon receipt of an
application, HHS will review it for
completeness and, if incomplete, may
return it or ask the applicant to furnish any missing or additional required

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Federal Management Regulation

§ 102–75.1205

information prior to final evaluation of
the application.
(2) HHS will evaluate each completed
application within 25 days of receipt
and will promptly advise the applicant
of its decision. Applications are evaluated on a first-come, first-serve basis.
HHS will notify all organizations that
have submitted expressions of interest
for a particular property regarding
whether the first application received
for that property has been approved or
disapproved. All applications will be
reviewed on the basis of the following
elements, which are listed in descending order of priority, except that paragraphs (e)(2)(iv) and (e)(2)(v) of this section are of equal importance:
(i) Services offered. The extent and
range of proposed services, such as
meals, shelter, job training, and counseling.
(ii) Need. The demand for the program and the degree to which the
available property will be fully utilized.
(iii) Implementation time. The amount
of time necessary for the proposed program to become operational.
(iv) Experience. Demonstrated prior
success in operating similar programs
and recommendations attesting to that
fact by Federal, State, and local authorities.
(v) Financial ability. The adequacy of
funding that will likely be available to
run the program fully and properly and
to operate the facility.
(3) Additional evaluation factors may
be added as deemed necessary by HHS.
If additional factors are added, the application packet will be revised to include a description of these additional
factors.
(4) If HHS receives one or more competing applications for a property within 5 days of the first application, HHS
will evaluate all completed applications simultaneously. HHS will rank
approved applications based on the elements listed in § 102–75.1200(e)(2) and
notify the landholding agency, or GSA,
as appropriate, of the relative ranks.

ACTION ON APPROVED APPLICATIONS
§ 102–75.1205 What action must be
taken on approved applications?
(a) Unutilized and underutilized properties. (1) When HHS approves an application, it will so notify the applicant
and forward a copy of the application
to the landholding agency. The landholding agency will execute the lease,
or permit document, as appropriate, in
consultation with the applicant.
(2) The landholding agency maintains
the discretion to decide the following:
(i) The length of time the property
will be available. (Leases and permits
will be for a period of at least one year,
unless the applicant requests a shorter
term.)
(ii) Whether to grant use of the property pursuant to a lease or permit.
(iii) The terms and conditions of the
lease or permit document.
(b) Excess and surplus properties. (1)
When HHS approves an application, it
will so notify the applicant and request
that GSA assign the property to HHS
for leasing. Upon receipt of the assignment, HHS will execute a lease in accordance with the procedures and requirements set out in 45 CFR part 12.
In accordance with § 102–75.965, custody
and accountability of the property will
remain throughout the lease term with
the agency that initially reported the
property as excess.
(2) Prior to assignment to HHS, GSA
may consider other Federal uses and
other important national needs; however, in deciding the disposition of surplus real property, GSA will generally
give priority of consideration to uses
to assist the homeless. GSA may consider any competing request for the
property made under 40 U.S.C. 550 (education, health, public park or recreation, and historic monument uses)
that is so meritorious and compelling
that it outweighs the needs of the
homeless, and HHS may likewise consider any competing request made
under 40 U.S.C. 550(c) or (d) (education
and health uses).
(3) Whenever GSA or HHS decides in
favor of a competing request over a request for property for homeless assistance use as provided in paragraph (b)(2)
of this section, the agency making the

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§ 102–75.1210

41 CFR Ch. 102 (7–1–13 Edition)

decision will transmit to the appropriate committees of the Congress an
explanatory statement that details the
need satisfied by conveyance of the
surplus property, and the reasons for
determining that such need was so
meritorious and compelling as to outweigh the needs of the homeless.
(4) Deeds. Surplus property may be
conveyed to representatives of the
homeless pursuant to 40 U.S.C. 550, and
section 501(f) of the McKinney-Vento
Homeless Assistance Act, as amended,
42 U.S.C. 11411. Representatives of the
homeless must complete the application packet pursuant to the requirements of § 102–75.1200 and in accordance
with the requirements of 45 CFR part
12.
(c) Completion of lease term and reversion of title. Lessees and grantees will
be responsible for the protection and
maintenance of the property during the
time that they possess the property.
Upon termination of the lease term or
reversion of title to the Federal Government, the lessee or grantee will be
responsible for removing any improvements made to the property and will be
responsible for restoration of the property. If such improvements are not removed, they will become the property
of the Federal Government. GSA or the
landholding agency, as appropriate,
will assume responsibility for protection and maintenance of a property
when the lease terminates or title reverts.
UNSUITABLE PROPERTIES
§ 102–75.1210 What action must be
taken on properties determined unsuitable for homeless assistance?
The landholding agency will defer,
for 20 days after the date that notice of
a property is published in the FEDERAL
REGISTER, action to dispose of properties determined unsuitable for homeless assistance. HUD will inform landholding agencies or GSA, if a representative of the homeless files an appeal of unsuitability pursuant to § 102–
75.1175(f)(4). HUD will advise the agency that it should refrain from initiating disposal procedures until HUD
has completed its reconsideration process regarding unsuitability. Thereafter,
or if no appeal has been filed after 20
days, GSA or the appropriate land-

holding agency may proceed with disposal action in accordance with applicable law.
NO APPLICATIONS APPROVED
§ 102–75.1215 What action must be
taken if there is no expression of interest?
(a) At the end of the 60-day holding
period described in § 102–75.1200(a), HHS
will notify GSA, or the landholding
agency, as appropriate, if an expression
of interest has been received for a particular property. Where there is no expression of interest, GSA or the landholding agency, as appropriate, will
proceed with disposal in accordance
with applicable law.
(b) Upon advice from HHS that all
applications have been disapproved, or
if no completed applications or requests for extensions have been received by HHS within 90 days from the
date of the last expression of interest,
disposal may proceed in accordance
with applicable law.

Subpart I—Screening of Federal
Real Property
§ 102–75.1220 How
do
landholding
agencies find out if excess Federal
real property is available?
If agencies report excess real and related personal property to GSA, GSA
conducts a ‘‘Federal screening’’ for the
property. Federal screening consists of
developing a ‘‘Notice of Availability’’
and circulating the ‘‘Notice’’ among all
Federal landholding agencies for a
maximum of 30 days.
§ 102–75.1225 What details are provided in the ‘‘Notice of Availability’’?
The ‘‘Notice of Availability’’ describes the physical characteristics of
the property; it also provides information on location, hazards or restrictions, contact information, and a date
by which an interested Federal agency
must respond in writing to indicate a
definite or potential need for the property.

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Federal Management Regulation

§ 102–75.1260

§ 102–75.1230 How long does an agency
have to indicate its interest in the
property?

§ 102–75.1255 What
happens
when
more than one agency has a valid
interest in the property?

Generally, agencies have 30 days to
express written interest in the property. However, sometimes GSA has
cause to conduct an expedited screening of the real property and the time
allotted for responding is less than 30
days. The Notice of Availability always
contains a ‘‘respond by’’ date.

GSA will attempt to facilitate an equitable solution between the agencies
involved. However, the Administrator
has final decision making authority in
determining which requirement aligns
with the Federal Government’s best interests.

§ 102–75.1235 Where should an agency
send its written response to the
‘‘Notice of Availability’’?
Look for the contact information
provided in the Notice of Availability.
Most likely, an agency will be directed
to contact one of GSA’s regional offices.
§ 102–75.1240 Who, from the interested
landholding agency, should submit
the written response to GSA’s ‘‘Notice of Availability’’?
An authorized official of the landholding agency must sign the written
response to the Notice of Availability.
An ‘‘authorized official’’ is one who is
responsible for acquisition and/or disposal decisions (e.g., head of the agency
or official designee).
§ 102–75.1245 What happens after the
landholding agency properly responds to a ‘‘Notice of Availability’’?
The landholding agency has 60 days
(from the expiration date of the ‘‘Notice of Availability’’) to submit a formal transfer request for the property.
Absent a formal request for transfer
within the prescribed 60 days, GSA
may, at its discretion, pursue other
disposal options.
§ 102–75.1250 What if the agency is not
quite sure it wants the property
and needs more time to decide?
If the written response to the ‘‘Notice of Availability’’ indicates a potential need, then the agency has an additional 30 days (from the expiration date
of the ‘‘Notice of Availability’’) to determine whether or not its has a definite requirement for the property, and
then 60 days to submit a transfer request.

§ 102–75.1260 Does GSA conduct Federal screening on every property reported as excess real property?
No. GSA may waive the Federal
screening for excess real property when
it determines that doing so is in the
best interest of the Federal Government.
Below is a sample list of some of the
factors GSA may consider when making the decision to waive Federal
screening. This list is a representative
sample and is not all-inclusive:
(a) There is a known Federal need;
(b) The property is located within the
boundaries of tribal lands;
(c) The property has known disposal
limitations precluding further Federal
use (e.g., title and/or utilization restrictions; reported excess specifically
for participation in the Relocation Program; reported excess for transfer to
the current operating contractor who
will continue production according to
the terms of the disposal documents;
directed for disposal by law or special
legislation);
(d) The property will be transferred
to a ‘‘potentially responsible party’’
(PRP) that stored, released, or disposed
of hazardous substances at the Government-owned facility;
(e) The property is an easement;
(f) The excess property is actually a
leasehold interest where there are Government-owned improvements with
substantial value and cannot be easily
removed;
(g) Government-owned improvements
on Government-owned land, where the
land is neither excess nor expected to
become excess; or
(h) Screening for public benefit uses,
except for the McKinney-Vento homeless screening, for specific property disposal considerations (see § 102–75.351).

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§ 102–75.1265

41 CFR Ch. 102 (7–1–13 Edition)

§ 102–75.1265 Are extensions granted
to the Federal screening and response timeframes?
Generally, no. GSA believes the timeframes are sufficient for agencies to
make a decision and respond. Requests
for extensions must be strongly justified and approved by the appropriate
GSA Regional Administrator. For example, agencies may request an extension of time to submit their formal
transfer request if they are not
promptly provided GSA’s estimate of
FMV after submission of the initial expression of interest. Agencies requesting extensions must also submit an
agreement accepting responsibility for
providing and funding protection and
maintenance for the requested property during the period of the extension
until the property is transferred to the
requesting agency or the requesting
agency notifies GSA that it is no
longer interested in the property. This
assumption of protection and maintenance responsibility also applies to extensions associated with a requesting
agency’s request for an exception from
the 100 percent reimbursement requirement (see § 102–75.205).
§ 102–75.1270 How does an agency request a transfer of Federal real
property?
Agencies must use GSA Form 1334,
Request for Transfer of Excess Real
and Related Personal Property.
§ 102–75.1275 Does a requesting agency
have to pay for excess real property?
Yes. GSA is required by law to obtain
full fair market value (as determined
by the Administrator) for all real property (see § 102–75.190), except when a
transfer without reimbursement has
been authorized (see § 102–75.205). GSA,
upon receipt of a valid expression of interest, will promptly provide each interested landholding agency with an
estimate of fair market value for the
property. GSA may transfer property
without reimbursement, if directed to
do so by law or special legislation and
for the following purposes:
(a) Migratory Bird Management
under Pub. L. 80–537, as amended by
Pub. L. 92–432.

(b) Wildlife Conservation under Pub.
L. 80–537.
(c) Federal Correctional facilities.
(d) Joint Surveillance System.
§ 102–75.1280 What happens if the
property has already been declared
surplus and an agency discovers a
need for it?
GSA can redesignate surplus property as excess property, if the agency
requests the property for use in direct
support of its mission and GSA is satisfied that this transfer would be in the
best interests of the Federal Government.
§ 102–75.1285 How does GSA transfer
excess real property to the requesting agency?
GSA transfers the property via letter
assigning
‘‘custody
and
accountability’’ for the property to the requesting agency. Title to the property
is held in the name of the United
States; however, the requesting agency
becomes the landholding agency and is
responsible for providing and funding
protection and maintenance for the
property.
§ 102–75.1290 What happens if the
landholding agency requesting the
property does not promptly accept
custody and accountability?
(a) The requesting agency must assume protection and maintenance responsibilities for the property within 30
days of the date of the letter assigning
custody and accountability for the
property.
(b) After notifying the requesting
agency, GSA may, at its discretion,
pursue other disposal options.

PART 102–76—DESIGN AND
CONSTRUCTION
Subpart A—General Provisions
Sec.
102–76.5 What is the scope of this part?
102–76.10 What basic design and construction policy governs Federal agencies?

Subpart B—Design and Construction
102–76.15 What are design and construction
services?

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