§ 1204.503 - Delegation of authority to grant easements.

§ 1204.503 Delegation of authority to grant easements.

Cross Reference

Link to an amendment published at 89 FR 26758, Apr. 16, 2024.

(a) Scope. 40 U.S.C. 319 to 319C 1314 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 Assistant Administrator for the Office of Strategic Infrastructure and the Director, Integrated Asset Management Facilities and Real Estate 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)

NASA Center Directors with respect to real property under their supervision and management

The Real Estate Branch Chief may, subject to the restrictions in paragraph (

f

d) of this section, exercise the authority of the National Aeronautics and Space Act of 1958, as amended, and 40 U.S.C.

319

1314 to

319C to

authorize or grant easements in, over, or upon real property of the United States owned and/or controlled by NASA

as

upon compliance with statute including a determination that such authorization or grant will not be adverse to the interests of the United States.

(2)

NASA Center Directors

The Real Estate Branch Chief may redelegate this authority to

only two senior management officials of the appropriate Center.(f

the appropriate warranted Real Estate Contracting Officer, in accordance with the requirements set forth in NASA Procedural Requirements (NPR) 8800.15, Real Estate Management Program.

(d) Restrictions. Except as otherwise specifically provided, no such easement shall be authorized or granted under the authority stated in paragraph (

e

c) of this section unless:

(1) The responsible Center Director has provided approval that such grant is appropriate.

(2) The Center Director

determines

provides certification to the appropriate Real Estate Contracting Officer:

(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 be adverse to the interests of the United States or interfere with NASA operations.

(

2

3) Monetary or other benefit, including any interest in real property, is received by the government as consideration for the granting of the easement.

(

3

4) The instrument granting the easement is on a form or template approved or directed to be used by the Real Estate Branch Chief, and provides at a minimum:

(i) For the termination of the easement, in whole or in part, and without cost to the

government

Government, if there has been:

(A) A failure to comply with any term or condition of the

grant

easement;

(B) A nonuse of the easement for a consecutive

2

two-year period for the purpose for which granted; or

(C) An abandonment of the easement

; or(D) A determination by the Assistant Administrator for Strategic Infrastructure, the Director, Integrated Asset Management Division, or the appropriate Center Director 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 Assistant Administrator for the Office of Strategic Infrastructure

,

or the Director,

Integrated Asset Management

Facilities and Real Estate Division,

or the appropriate Center Director,

and that termination shall be effective as of the date of the notice.

(iii)

For any

That restoration provisions are provided for in the agreement that protect the interests of the United States and ensure the grantee is responsible for removal of any and all improvements in or on NASA real property.

(iv) Such other reservations, exceptions, limitations, benefits, burdens, terms, or conditions

necessary to protect the interests of the United States.(g

as are set forth in the forms and templates for easements approved for NASA use by the Real Estate Branch Chief.

(e) Waivers. If, in connection with a proposed granting of an easement, the Real Estate Contracting Officer or Center Director determines that a waiver from any of the restrictions in paragraph (

f

d) of this section is appropriate, authority for the waiver may be requested from the Assistant Administrator for the Office of Strategic Infrastructure or the Director,

Integrated Asset Management

Facilities Real Estate Division.

(

h

f) Services of the Corps of Engineers. In exercising the authority herein granted, the

Center Directors

Real Estate Contracting Officer, 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

d) and (

g

e) of this section are complied with.

(

i

g) 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

filed in the Central Depository for Real Property Documents

to:

at National Aeronautics and Space Administration, Office of Strategic Infrastructure,

Integrated Asset Management

Facilities and Real Estate Division, Washington, DC 20546.

[51 89 FR 26860, July 28, 1986, as amended at 56 FR 57592, Nov. 13, 1991; 79 FR 11319, Feb. 28, 201426758, Apr. 16, 2024]