Property for Correctional Facility, Law Enforcement, or Emergency Management Response Purposes

§ 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 (DOJ) 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?

Disposing of Easements

§ 102-75.936 - When can an agency dispose of an easement?

§ 102-75.937 - Can an easement be released or disposed of at no cost?

§ 102-75.938 - May the easement and the land that benefited from the easement (dominant estate) be disposed of separately?

Property for Educational and Public Health Purposes

§ 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 (ED) or the Department of Health and Human Services (HHS) 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?

Submission of Offers to Purchase or Lease

§ 102-75.330 - What form must all offers to purchase or lease be in?

Inspection

§ 102-75.325 - What responsibility does the landholding agency have to provide persons the opportunity to inspect available surplus property?

Property for Use as Historic Monuments

§ 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 NPS 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?

Public Sales

§ 102-75.935 - What are disposal agencies' responsibilities concerning public sales?

Public Benefit Conveyances

§ 102-75.350 - What are disposal agencies' responsibilities concerning public benefit conveyances?

§ 102-75.351 - May the disposal agency waive screening for public benefit conveyances?

§ 102-75.355 - What clause must be in the offer to purchase and the conveyance documents for public benefit conveyances?

§ 102-75.360 - What wording must be in the non-discrimination clause that is required in the offer to purchase and in the conveyance document?

Property for Port Facility Use

§ 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?

Property for Providing Self-Help Housing or Housing Assistance

§ 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 non-profit 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 non-profit 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?

Provisions Relating to Asbestos

§ 102-75.335 - Where asbestos is identified, what information must the disposal agency incorporate into the offer to purchase and the conveyance document?

Credit Disposals

§ 102-75.295 - What is the policy on extending credit in connection with the disposal of surplus property?

Explanatory Statements for Negotiated Sales

§ 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?

Provisions Relating to Hazardous Substance Activity

§ 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 the 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?

Designation of Disposal Agencies

§ 102-75.296 - When may a landholding agency other than GSA be the disposal agency for real and related personal property?

§ 102-75.297 - Are there any exceptions to when landholding agencies can serve as the disposal agency?

§ 102-75.298 - Can agencies request that GSA be the disposal agency for real property and real property interests described in § 102-75.296?

§ 102-75.299 - What are landholding agencies' responsibilities if GSA conducts the disposal?

Nonfederal Interim Use of Surplus Property

Disposals Under Other Laws

§ 102-75.290 - Can disposals of real property be made under authority of laws other than Chapter 5 of Subtitle I of Title 40 of the United States Code?

Granting Easements

§ 102-75.939 - When can agencies grant easements?

§ 102-75.940 - Can agencies grant easements at no cost?

§ 102-75.941 - Does an agency retain responsibility for the easement?

§ 102-75.942 - What must agencies consider when granting easements?

§ 102-75.943 - What happens if granting an easement will reduce the value of the property?

Negotiated Sales

§ 102-75.880 - When may Executive agencies conduct negotiated sales?

§ 102-75.885 - What are the disposal agency's 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 generally be in the excess profits clause that is required in the offer to purchase and in the conveyance document?

§ 102-75.900 - What is a negotiated sale for economic development purposes?

Property for Use as Public Park or Recreation Areas

§ 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?

Power Transmission Lines

§ 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?

Appraisal

§ 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?

Applicability of Antitrust Laws

§ 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 antitrust 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?

Property for Displaced Persons

§ 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?

Non-Federal Interim Use of Surplus Property

§ 102-75.944 - Can landholding agencies outlease surplus real property for non-Federal interim use?

Property for Public Airports

§ 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 - What does the term “surplus airport property” mean?

§ 102-75.395 - May surplus airport property be conveyed or disposed of to a State, political subdivision, municipality, or tax-supported institution for a public airport?

§ 102-75.400 - Is industrial property located on an airport also considered to be “airport property”?

§ 102-75.405 - What responsibilities does the Federal Aviation Administration (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 - Does the Airport and Airway Development Act of 1970, as amended (Airport Act of 1970), apply to the transfer of airports to State and local agencies?

§ 102-75.250 - What general policy must the disposal agency 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 the disposal agency 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?