[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1204.503]

[Page 36-37]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          SPACE ADMINISTRATION
 
PART 1204_ADMINISTRATIVE AUTHORITY AND POLICY--Table of Contents
 
                 Subpart 5_Delegations and Designations
 
Sec. 1204.503  Delegation of authority to grant easements.

    (a) Scope. 40 U.S.C. 319 to 319C authorizes executive agencies to 
grant, under certain conditions, the easements as the head of the agency 
determines will not be adverse to the interests of the United States and 
subject to the provisions as the head of the agency deems necessary to 
protect the interests of the United States.
    (b) Delegation of authority. The Associate Administrator for 
Management Systems and Facilities and the Director, Facilities 
Engineering Division, are delegated authority to take actions in 
connection with the granting of easements.
    (c) Definitions. The following definitions will apply:
    (1) State means the States of the Union, the District of Columbia, 
the Commonwealth of Puerto Rico, and the possessions of the United 
States.
    (2) Person includes any corporation, partnership, firm, association, 
trust, estate, or other entity.
    (d) Determination. It is hereby determined that grants of easements 
made in accordance with the provisions of this section will not be 
adverse to the interests of the United States.
    (e) Redelegation. (1) The Directors of Field Installations with 
respect to real property under their supervision and management may, 
subject to the restrictions in paragraph (f) of this section, exercise 
the authority of the National Aeronautics and Space Act of 1958, as 
amended, and 40 U.S.C. 319 to 319C to authorize or grant easements in, 
over, or upon real property of the United States controlled by NASA as 
will not be adverse to the interests of the United States.
    (2) The Directors of Field Installations may redelegate this 
authority to only two senior management officials of the appropriate 
field installation.
    (f) Restrictions. Except as otherwise specifically provided, no such 
easement shall be authorized or granted under the authority stated in 
paragraph (e) of this section unless:
    (1) The appropriate Director of the Field Installation determines:
    (i) That the interest in real property to be conveyed is not 
required for a NASA program.
    (ii) That the grantee's exercise of rights under the easement will 
not interfere with NASA operations.
    (2) Monetary or other benefit, including any interest in real 
property, is received by the government as consideration for the 
granting of the easement.
    (3) The instrument granting the easement provides:
    (i) For the termination of the easement, in whole or in part, and 
without cost to the government, if there has been:
    (A) A failure to comply with any term or condition of the grant;

[[Page 37]]

    (B) A nonuse of the easement for a consecutive 2-year period for the 
purpose for which granted; or
    (C) An abandonment of the easement; or
    (D) A determination by the Associate Administrator for Management 
Systems and Facilities, the Director, Facilities Engineering Division, 
or the appropriate Director of the Field Installation that the interests 
of the national space program, the national defense, or the public 
welfare require the termination of the easement; and a 30-day notice, in 
writing, to the grantee that the determination has been made.
    (ii) That written notice of the termination shall be given to the 
grantee, or its successors or assigns, by the Associate Administrator 
for Management Systems and Facilities, the Director, Facilities 
Engineering Division, or the appropriate Director of the Field 
Installation, and that termination shall be effective as of the date of 
the notice.
    (iii) For any other reservations, exceptions, limitations, benefits, 
burdens, terms, or conditions necessary to protect the interests of the 
United States.
    (g) Waivers. If, in connection with a proposed granting of an 
easement, the Director of a Field Installation determines that a waiver 
from any of the restrictions in paragraph (f) of this section is 
appropriate, authority for the waiver may be requested from the 
Associate Administrator for Management Systems and Facilities or the 
Director, Facilities Engineering Division.
    (h) Services of the Corps of Engineers. In exercising the authority 
herein granted, the Directors of Field Installations, under the 
applicable provisions of any cooperative agreement between NASA and the 
Corps of Engineers (in effect at that time), may:
    (1) Utilize the services of the Corps of Engineers, U.S. Army.
    (2) Delegate authority to the Corps of Engineers to execute, on 
behalf of NASA, grants of easements in real property, as authorized in 
this section, provided that the conditions set forth in paragraphs (f) 
and (g) of this section are complied with.
    (i) Distribution of documents. One copy of each document granting an 
easement interest under this authority, including instruments executed 
by the Corps of Engineers, will be forwarded for filing in the Central 
Depository for Real Property Documents to: National Aeronautics and 
Space Administration, Facilities Operations and Maintenance Branch (Code 
JXG), Facilities Engineering Division, Washington, DC 20546.

[51 FR 26860, July 28, 1986, as amended at 56 FR 57592, Nov. 13, 1991]