2003 CFR Title 41, Volume 3

Title 41--Public Contracts and Property Management CHAPTER 102--FEDERAL MANAGEMENT REGULATION PART 102-75--REAL PROPERTY DISPOSAL
	102-75.5	What is the scope of this part?
	102-75.10	What basic real property disposal policy governs disposal agencies?
	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?
	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?
	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?
	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 there 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?
	102-75.100	When an agency holds land withdrawn or reserved from the public domain and determines that it no longer needs this land, what must it do?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?
	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?
	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)?
	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?
	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)?
	102-75.145	Is GSA required to review each report of excess?
	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?
	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?
	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?
	102-75.240	May excess real property be temporarily assigned/reassigned?
	102-75.245	When can landholding agencies grant rights for nonfederal interim use of excess property reported to GSA?
	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?
	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 102-75.270 before advice is received from the Attorney General?
	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?
	102-75.295	What is the policy on extending credit in connection with the disposal of surplus property?
	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?
	102-75.325	What responsibility does the landholding agency have to provide persons the opportunity to inspect available surplus property?
	102-75.330	What form must all offers to purchase or lease be in?
	102-75.335	Where asbestos is identified, what information must the disposal agency incorporate into the offer to purchase and in the conveyance document?
	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?
	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?
	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?
	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?
	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 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?
	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?
	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?
	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?
	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?
	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?
	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?
	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?
	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?
	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?
	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?
	102-75.930	What happens if there is no objection by an appropriate committee or subcommittee of Congress concerning the proposed negotiated sale?
	102-75.935	What are disposal agencies' responsibilities concerning public sales?
	102-75.940	Can landholding agencies outlease surplus real property for nonfederal interim use?
	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?
	102-75.950	Who has the responsibility for paying taxes and other obligations pending transfer or disposal of the property?
	102-75.955	Who is responsible for decontaminating excess and surplus real property?
	102-75.960	May landholding agencies make improvements or alterations to excess or surplus property in those cases where disposal is otherwise not feasible?
	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?
	102-75.985	Is the landholding agency required to assist the disposal agency in the disposition process?
	102-75.990	May Federal agencies abandon, destroy, or donate to public bodies real property?
	102-75.995	May Federal agencies dispose of dangerous property?
	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?
	102-75.1015	Are there any restrictions on Federal agencies concerning property donations to public bodies?
	102-75.1020	Are public bodies ever required to pay the disposal costs associated with donated property?
	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?
	102-75.1055	What is the policy governing delegations of real property disposal authority to the Secretary of Defense?
	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?
	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?
	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?
	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?
	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?
	102-75.1160	What definitions apply to this subpart?
	102-75.1165	What is the applicability of this subpart?
	102-75.1170	How will information be collected?
	102-75.1175	Who issues the suitability determination?
	102-75.1180	For the purposes of this subpart, what is the policy concerning real property reported excess to GSA?
	102-75.1185	What are suitability criteria?
	102-75.1190	What is the policy concerning determination of availability statements?
	102-75.1195	What is the policy concerning making public the notice of determination?
	102-75.1200	How may representatives of the homeless apply for the use of properties to assist the homeless?
	102-75.1205	What action must be taken on approved applications?
	102-75.1210	What action must be taken on properties determined unsuitable for homeless assistance?
	102-75.1215	What action must be taken if there is no expression of interest?