[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1204.503]



[Page 36-37]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          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;

    (B) A nonuse of the easement for a consecutive 2-year period for the 

purpose for which granted; or



[[Page 37]]



    (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]