[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: 14CFR1204.504]



[Page 37-38]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          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 the authority 

stated in paragraph (d) of this section unless:

    (1) The Director of the Field Installation concerned determines:



[[Page 38]]



    (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]