![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 32 - National Defense |
![]() |
Subtitle A - Department of Defense |
![]() |
Chapter V - Department of the Army |
![]() |
SubChapter J - Real Property |
![]() |
Part 644 - Real Estate Handbook |
![]() |
Subpart F - Disposal |
§ 644.322 - Disposition of proceeds from disposal.
-
§ 644.322 Disposition of proceeds from disposal.
(a) Land and Water Conservation Fund. Except as provided in paragraphs (b) and (c) of this section and unless otherwise obligated by existing or future acts of Congress, all proceeds received from any civil works project disposal of surplus real property or related personal property under the Federal Property Act, shall be covered into the land and water conservation fund in the Treasury of the United States (16 U.S.C. 460L-5(a), FPMR Section 101-47.307-6). This includes the net proceeds from the sale of timber and structures.
(b) Department of Defense Family Housing Management Account. Section 501(b) of Pub. L. 87-554, as amended, 42 U.S.C. 1594a-1, provides that the proceeds from the disposal of family housing of the Department of Defense, including related land and improvements, shall be transferred to Family Housing Management Account, Defense. This does not include civil works housing, or houses on land acquired for military purposes unless the housing was specifically acquired to house military personnel. This means that excess military family housing and related land and improvements should be reported to GSA on Standard Form 118 separate and apart from Reports of Excess for other portions of an excess installation. Particular care should be taken to ensure that the following statement be included in each such report of excess to GSA:
Net proceeds from the sale of family housing, including related land and improvements, shall be remitted to the Department of Defense for deposit to Family Housing Management Account, Defense (97 X 0700).
(c) Proceeds from sale or transfer of property acquired. Under section 5 of the Act of 13 June 1902, as amended (33 U.S.C. 558), the proceeds from a sale or transfer of buildings or other improvements on river and harbor improvement projects may be credited to the appropriation for the work for which the property was acquired. Buildings or other improvements, including timber, which are on nonexcess land come within the purview of this law. Where both land and buildings or other improvements are excess, proceeds from the sale of land and buildings, or either one, will be deposited in the land and water conservation fund as provided in paragraph (a) of this section.