[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: 14CFR1204.504]

[Page 37-38]
 
                     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. 1204.504  Delegation of authority to grant leaseholds, permits, 
and licenses in real property.

    (a) Delegation of authority. The National Aeronautics and Space Act 
of 1958, as amended, authorizes NASA to grant leaseholds, permits, and 
licenses in real property. This authority is delegated to the Associate 
Administrator for Management Systems and Facilities and the Director, 
Facilities Engineering Division.
    (b) Definition. Real Property means land, buildings, other 
structures and improvements, appurtenances, and fixtures located 
thereon.
    (c) Determination. It is hereby determined that grants of 
leaseholds, permits, or licenses made in accordance with the provisions 
of this section will not be adverse to the interests of the United 
States.
    (d) Redelegation. (1) The Directors of Field Installations with 
respect to real property under their supervision and management may, 
subject to the restrictions in paragraph (e) of this section, grant a 
leasehold, permit, or license to any person or organization, including 
other Government agencies, a State, or political subdivision or agency 
thereof. This authority may not be exercised with respect to real 
property which is (i) excess within the meaning of 40 U.S.C. 472(e), or 
(ii) proposed for use by a NASA exchange and subject to the provisions 
of NASA Management Instruction 9050.6, NASA Exchange Activities.
    (2) The Directors of Field Installations may redelegate this 
authority to only two senior management officials of the Field 
Installation concerned.
    (e) Restrictions. Except as otherwise specifically provided, no 
leasehold, permit, or license shall be granted under

[[Page 38]]

the authority stated in paragraph (d) of this section unless:
    (1) The Director of the Field Installation concerned determines:
    (i) That the interest to be granted is not required for a NASA 
program.
    (ii) That the grantee's exercise of rights granted will not 
interfere with NASA operations.
    (2) Fair value in money is received by NASA on behalf of the 
Government as consideration.
    (3) The instrument provides:
    (i) For a term not to exceed 5 years.
    (ii) For the termination thereof, 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; or
    (B) A determination by the Associate Administrator for Management 
Systems and Facilities, the Director, Facilities Engineering Division, 
or the Director of the Field Installation concerned that the interests 
of the national space program, the national defense, or the public 
welfare require the termination of the interest granted; and a 30-day 
notice, in writing, to the grantee that such determination has been 
made.
    (iii) That written notice of 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 Director of the Field Installation 
concerned, and that termination shall be effective as of the date 
specified by such notice.
    (iv) For any other reservations, exceptions, limitations, benefits, 
burdens, terms, or conditions necessary to protect the interests of the 
United States.
    (f) Waivers. If, in connection with a proposed grant, the Director 
of a Field Installation determines that a waiver from any of the 
restrictions set forth in paragraph (e) of this section is appropriate, 
a request may be submitted to the Associate Administrator for Management 
Systems and Facilities or the Director, Facilities Engineering Division.
    (g) Services of the Corps of Engineers. In exercising the authority 
herein granted, the Directors of Field Installations, pursuant to the 
applicable provisions of any cooperative agreement between NASA and the 
Corps of Engineers (in effect at the 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, any grants of interests in real property as authorized 
in this section provided that the conditions set forth in paragraphs (e) 
and (f) of this section are complied with.
    (h) Distribution of Documents. One copy of each document granting an 
interest in real property, 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 
Administrator, Facilities Operations and Maintenance Branch (Code JXG), 
Facilities Engineering Division, Washington, DC 20546.

[51 FR 27528, Aug. 1, 1986, as amended at 56 FR 57592, Nov. 13, 1991]