§ 101-47.4906 - Sample notice to public agencies of surplus determination.

Notice is hereby given that the above described property has been determined to be surplus Government property. The property consists of ____ acres of fee land, more or less, together with easements and improvements as follows:

This property is surplus property available for disposal under the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), as amended, certain related laws, and applicable regulations. The applicable regulations provide that non-Federal public agencies shall be allowed a reasonable period of time to submit a formal application for surplus real property in which they may be interested. Disposal of this property, or portions thereof, may be made to public agencies for the public uses listed below whenever the Government determines that the property is available for such uses and that disposal thereof is authorized by the statutes cited and applicable regulations. (Note: List only those statutes and types of disposal appropriate to the particular surplus property described in the notice.)

16 U.S.C. 667b-dWildlife conservation.23 U.S.C. 107 and 317Federal aid and certain other highways.40 U.S.C. 122Transfer to the District of Columbia.40 U.S.C. 345cWidening of highways, streets, or alleys.40 U.S.C. 484(e)(3)(H)Negotiated sales for general public purpose uses. (Note: This statute should not be listed if the affected surplus property has an estimated value of less than $10,000.)40 U.S.C. 484(k)(1)(A)School, classroom, or other educational purposes.40 U.S.C. 484(k)(1)(B)Protection of public health, including research.40 U.S.C. 484(k)(2)Public park or recreation area.40 U.S.C. 484(k)(3)Historic monument.40 U.S.C. 484(k)(6)Self-help housing and housing assistance.40 U.S.C. 484(p)Correctional facility, law enforcement, or emergency management response.40 U.S.C. 484(q)Port facility.49 U.S.C. 47151Public airport.50 U.S.C. App. 1622(d)Power transmission lines.

If any public agency desires to acquire the property under any of the cited statutes, notice thereof must be filed in writing with

(Insert name and address of disposal agency): (Insert date of the 21st day following the date of the notice.)

Each notice so filed shall:

(a) Disclose the contemplated use of the property;

(b) Contain a citation of the applicable statute or statutes under which the public agency desires to procure the property;

(c) Disclose the nature of the interest if an interest less than fee title to the property is contemplated;

(d) State the length of time required to develop and submit a formal application for the property. (Where a payment to the Government is required under the statute, include a statement as to whether funds are available and, if not, the period required to obtain funds.); and

(e) Give the reason for the time required to develop and submit a formal application.

Upon receipt of such written notices, the public agency shall be promptly informed concerning the period of time that will be allowed for submission of a formal application. In the absence of such written notice, or in the event a public use proposal is not approved, the regulations issued pursuant to authority contained in the Federal Property and Administrative Services Act of 1949 provide for offering the property for sale.

Application forms or instructions to acquire property for the public uses listed in this notice may be obtained by contacting the following Federal agencies for each of the indicated purposes:

Note:

For each public purpose statute listed in this notice, show the name, address, and telephone number of the Federal agency to be contacted by interested public body applicants.)