[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR102-75.5]

[Page 208-216]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
               CHAPTER 102--FEDERAL MANAGEMENT REGULATION
 
PART 102-75_REAL PROPERTY DISPOSAL--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 102-75.5  What is the scope of this part?




                      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?
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 What are GSA's responsibilities concerning the identification 
          of unneeded Federal real property?

                                Standards

102-75.40 What are the standards that each executive agency must use to 
          identify unneeded Federal real property?
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 which 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 which normally do not require real 
          property (other than for office, storage, and related 
          purposes) or which 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 the Federal Property and Administrative 
          Services Act of 1949?

                    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 on 
          the title report?

                       Other Necessary Information

102-75.140 In addition to the title report, 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?

[[Page 209]]

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 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?

                Nonfederal Interim Use of Excess Property

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

                Subpart C_Surplus Real Property Disposal

102-75.250 What general policy must disposal agencies 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 disposal agencies 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?

                     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 anti-trust laws?
102-75.285 Can a disposal agency dispose of real property to a private 
          interest specified in Sec. 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 the Federal Property and Administrative 
          Services Act of 1949?

                            Credit Disposals

102-75.295 What is the policy on extending credit in connection with the 
          disposal of surplus property?

                                Appraisal

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?

[[Page 210]]

                               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

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 in 
          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 
          conveyance document?
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?
102-75.355 What clause must be in the offer to purchase and conveyance 
          documents for public benefit conveyances?
102-75.360 What wording must be in the non-discrimination clause which 
          is required in the offer to purchase and in 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 May surplus airport property be conveyed or disposed of to a 
          State, political subdivision, municipality, or tax-supported 
          institution for a public airport?
102-75.395 What does the term ``surplus airport property'' mean?
102-75.400 Is industrial property located on an airport also considered 
          to be ``airport property'?
102-75.405 What responsibilities does the 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 agency 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 Is the Airport and Airway Development Act of 1970 (Airport 
          Act of 1970) applicable 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

[[Page 211]]

          Service (NPS) of the Department of the Interior (DOI)?
102-75.470 What action must the National Park Service (NPS) of the 
          Department of the Interior 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?

           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 or the Department of Health 
          and Human Services 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 self-help 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?

[[Page 212]]

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?
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?

[[Page 213]]

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 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?
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 executive agencies' 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 be in the excess profits clause which 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?

[[Page 214]]

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?

               Nonfederal Interim Use of Surplus Property

102-75.940 Can landholding agencies outlease surplus real property for 
          nonfederal 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 taxes and other 
          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?

                             Determinations

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 Department of Defense (DOD)

102-75.1055 What is the policy governing delegations of real property 
          disposal authority to the Secretary of Defense?

[[Page 215]]

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?
102-75.1065 When using a delegation of real property disposal authority 
          under this subpart, is the DOD required to report excess 
          property to GSA?
102-75.1070 Can this delegation of authority to the Secretary of Defense 
          be redelegated?

             Delegation to 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?

              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?

                   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

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

                        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

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?

[[Page 216]]

                     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

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

    Authority: 40 U.S.C. 486(c), 483(a), and 484; E.O. 12512, 50 FR 
18453, 3 CFR, 1985 Comp., p. 340.

    Source: 67 FR 76843, Dec. 13, 2002, unless otherwise noted.



    The real property policies contained in this part apply to Federal 
agencies, including the General Services Administration (GSA)/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 the Federal Property and 
Administrative Services Act of 1949, as amended, 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.