[Federal Register Volume 64, Number 23 (Thursday, February 4, 1999)]
[Rules and Regulations]
[Pages 5615-5620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2614]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-47
[FPMR Amendment H-201]
RIN 3090-AG60
Utilization and Disposal of Real Property
AGENCY: General Services Administration.
ACTION: Final rule.
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SUMMARY: The General Services Administration is amending the public
benefit conveyance regulations for utilization and disposal of real
property to update the Federal Property Management Regulations and to
include implementation regulations for new laws. The new regulations
incorporate the public benefit conveyance of surplus Federal Government
real property for housing, law enforcement, and emergency management
purposes. The laws that this regulation implements are Pub. L. 105-50,
Pub. L. 105-119 Sec. 118, Pub. L. 98-181, 97 Stat. 1175, and Federal
Property and Administrative Services Act amendments to 203(k) and
203(p).
EFFECTIVE DATE: February 4, 1999.
FOR FURTHER INFORMATION CONTACT: Stanley C. Langfeld, Director, Real
Property Policy Division, Office of Real Property, at 202-501-1737.
SUPPLEMENTARY INFORMATION:
A. Background
A proposed rule was published in the Federal Register on August 11,
1998 (63 FR 42792). All comments received were considered in the final
rule. The Department of Defense provided a comment regarding the repeal
of Sec. 101-47.308-5 (Property for use as shrines, memorials, or for
religious purposes) and its potential impact on current surplus real
property actions. GSA agrees that actions that have begun on existing
surplus real property may continue to conclusion; however, this
authority will not be available to use in disposal actions on future
surplus real property. A nonprofit self-help housing organization
provided comments regarding the provisions for the notice period and
the role of the Department of Housing and Urban Development (HUD) in
the event that conveyed surplus property is reverted to the Federal
Government. GSA adopted the comment to extend the notice period but not
the expanded HUD role comment because HUD has not yet determined their
program regulations as they relate to the reversionary clause
provision. The Department of Justice also provided comments regarding
the time periods for conveyance. GSA adopted an extension of the time
period for the notice period but not for other time periods due to GSA
programmatic issues regarding consistency with other real property
public benefit conveyances.
B. Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for notice and comment; therefore, the Regulatory Flexibility
Act does not apply.
C. Executive Order 12866
GSA has determined that this interim rule is not a significant
regulatory action for the purposes of Executive Order 12866 of
September 30, 1993.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the revisions do
not impose recordkeeping or information collection requirements, or the
collection of information from offerors, contractors, or members of the
public which require the approval of the Office of Management and
Budget (OMB) under 44 U.S.C. 501 et seq.
E. Small Business Reform Act
This final rule is also exempt from congressional review prescribed
under 5 U.S.C. 801 since it relates solely to agency management and
personnel.
List of Subjects in 41 CFR Part 101-47
Government property management, Surplus Government property.
For the reasons stated in the preamble, 41 CFR part 101-47 is
amended as follows:
PART 101-47--UTILIZATION AND DISPOSAL OF REAL PROPERTY
1. The authority citation for part 101-47 continues to read as
follows:
Authority: 40 U.S.C. 486(c).
Sec. 101-47.103-4 [Reserved]
2. Section 101-47.103-4 is removed and reserved.
3. Section 101-47.203-5 is amended by revising paragraphs (b) and
(c) to read as follows:
Sec. 101-47.203-5 Screening of excess real property.
* * * * *
(b) Notices of availability for information of the Secretary of
Health and Human Services and the Secretary of Education in connection
with the exercise of the authority vested under the provisions of
section 203(k)(1) of the Act; the Secretary of the Interior in
[[Page 5616]]
connection with provisions in 16 U.S.C. 667b through d, the exercise of
the authority vested under the provisions of section 203(k)(2) of the
Act, or a determination under the provisions of section 203(k)(3) of
the Act; and the Secretary of Housing and Urban Development in
connection with the exercise of the authority vested under the
provisions of section 203(k)(6) of the Act will be sent to the offices
designated by those officials to serve the areas in which the
properties are located. Similar notices of availability for information
of the Attorney General and the Director of the Federal Emergency
Management Agency in connection with a possible determination under the
provisions of section 203(p)(1) of the Act, and for information of the
Secretary of Transportation in connection with the exercise of the
authority vested under the provisions of section 203(q) of the Act,
will be respectively sent to the Office of Justice Programs, Department
of Justice; the Federal Emergency Management Agency; and the Maritime
Administration, Department of Transportation.
(c) The Departments of Health and Human Services, Education,
Interior, Housing and Urban Development, Justice, and Transportation,
and the Federal Emergency Management Agency shall not attempt to
interest a local applicant in a property until it is determined
surplus, except with the prior consent of GSA on a case-by-case basis
or as otherwise agreed upon. When such consent is obtained, the local
applicant shall be informed that consideration of the application is
conditional upon the property being determined surplus to Federal
requirements and made available for the purposes of the application.
However, these Federal agencies are encouraged to advise the
appropriate GSA regional office of those excess properties which are
suitable for their programs.
* * * * *
4. Section 101-47.204-1 is amended by revising the first sentence
in paragraph (a), and paragraphs (b) and (c) to read as follows:
Sec. 101-47.204-1 Reported property.
* * * * *
(a) The holding agency, the Secretary of Health and Human Services,
the Secretary of Education, the Secretary of the Interior, the
Secretary of Housing and Urban Development, the Attorney General, the
Director of the Federal Emergency Management Agency, and the Secretary
of Transportation will be notified of the date upon which determination
as surplus becomes effective. * * *
(b) The notices to the Secretary of Health and Human Services, the
Secretary of Education, the Secretary of the Interior, the Secretary of
Housing and Urban Development, and the Secretary of Energy will be sent
to the offices designated by them to serve the area in which the
property is located. The notices to the Attorney General will be sent
to the Office of Justice Programs, Department of Justice. The notices
to the Director of the Federal Emergency Management Agency will be sent
to the Federal Emergency Management Agency. The notices to the
Secretary of Transportation will be sent to the Federal Aviation
Administration, the Federal Highway Administration, and the Maritime
Administration. The notices to the Federal agencies having a
requirement pursuant to section 218 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 will be
sent to the office making the request unless another office is
designated.
(c) With regard to surplus property which GSA predetermines will
not be available for disposal under any of the statutes cited in
Sec. 101-47.4905, or whenever the holding agency has requested
reimbursement of the net proceeds of disposition pursuant to section
204(c) of the Act, the notice to the affected Federal agencies will
contain advice of such determination or request for reimbursement. The
affected Federal agencies shall not screen for potential applicants for
such property.
5. Section 101-47.303-2 is amended by revising paragraphs (e), (f),
and (g) to read as follows:
Sec. 101-47.303-2 Disposals to public agencies.
* * * * *
(e) In the case of property which may be made available for
assignment to the Secretary of Health and Human Services (HHS), the
Secretary of Education (ED), the Secretary of the Interior (DOI), or
the Secretary of Housing and Urban Development (HUD) for disposal under
sections 203(k)(1), (2), or (6) of the Act:
(1) The disposal agency shall inform the appropriate offices of
HHS, ED, NPS, or HUD 3 workdays in advance of the date the notice will
be given to public agencies, to permit similar notice to be given
simultaneously by HHS, ED, NPS, or HUD to additional interested public
bodies and/or nonprofit institutions.
(2) The disposal agency shall furnish the Federal agencies with a
copy of the postdated transmittal letter addressed to each public
agency, copies (not to exceed 25) of the postdated notice, and a copy
of the holding agency's Report of Excess Real Property (Standard Form
118, with accompanying schedules).
(3) As of the date of the transmittal letter and notice to public
agencies, the affected Federal agencies may proceed with their
screening functions for any potential applicants and thereafter may
make their determinations of need and receive applications.
(f) If the disposal agency is not informed within the 20- or 30-
calendar day period provided in the notice of the desire of a public
agency to acquire the property under the provisions of the statutes
listed in Sec. 101-47.4905, or is not notified by ED or HHS of a
potential educational or public health use, or is not notified by the
DOI of a potential park or recreation, historic monument, or wildlife
conservation use, or is not notified by the HUD of a potential self-
help housing or housing assistance requirement, or is not notified by
the Department of Justice of a potential correctional facilities or law
enforcement use, or is not notified by the Federal Emergency Management
Agency of a potential emergency management response use; or is not
notified by the Department of Transportation of a potential port
facility or public airport use, it shall be assumed that no public
agency or otherwise eligible organization desires to procure the
property. (The requirements of this Sec. 101-47.303-2(f) shall not
apply to the procedures for making Federal surplus real property
available to assist the homeless in accordance with section 501 of the
Stewart B. McKinney Homeless Assistance Act, as amended (42 U.S.C.
11411).)
(g) The disposal agency shall promptly review each response of a
public agency to the notice given pursuant to paragraph (b) of this
section. The disposal agency shall determine what constitutes a
reasonable period of time to allow the public agency to develop and
submit a formal application for the property or its comments as to the
compatibility of the disposal with its development plans and programs.
When making such determination, the disposal agency shall give
consideration to the potential suitability of the property for the use
proposed, the length of time the public agency has stated it will
require for its action, the protection and maintenance costs to the
Government during such length of time, and any other relevant facts and
circumstances. The disposal agency shall coordinate such review and
determination with the proper office of any interested Federal agencies
listed below:
[[Page 5617]]
(1) National Park Service, Department of the Interior;
(2) Department of Health and Human Services;
(3) Department of Education;
(4) Department of Housing and Urban Development;
(5) Federal Aviation Administration, Department of Transportation;
(6) Fish and Wildlife Service, Department of the Interior;
(7) Federal Highway Administration, Department of Transportation;
(8) Office of Justice Programs, Department of Justice;
(9) Federal Emergency Management Agency; and
(10) Maritime Administration, Department of Transportation.
* * * * *
Sec. 101-47.308-5 [Reserved]
6. Section 101-47.308-5 is removed and reserved.
7. Section 101-47.308-6 is revised to read as follows:
Sec. 101-47.308-6 Property for providing self-help housing or housing
assistance.
(a) Property for self-help housing or housing assistance, as
defined in section 203(k)(6)(C) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C.), is
property for low-income housing opportunities through the construction,
rehabilitation, or refurbishment of self-help housing, under terms that
require that:
(1) Any individual or family receiving housing or housing
assistance constructed, rehabilitated, or refurbished through use of
the property shall contribute a significant amount of labor toward the
construction, rehabilitation, or refurbishment; and
(2) Dwellings constructed, rehabilitated, or refurbished through
use of the property shall be quality dwellings that comply with local
building and safety codes and standards and shall be available at
prices below prevailing market prices.
Note to paragraph (a): This program is separate from the program
under Title V of the Stewart B. McKinney Act of 1987, which is
covered in 41 CFR subpart 101-47.9 (Use of Federal Real Property To
Assist the Homeless).
(b) The head of the disposal agency, or his/her designee, is
authorized, at his/her discretion to assign to the Secretary of the
Department of Housing and Urban Development (HUD) for disposal under
section 203(k)(6) of the Act such surplus real property, including
buildings, fixtures, and equipment situated thereon, as is recommended
by the Secretary as being needed for providing self-help housing or
housing assistance for low-income individuals or families.
(c) With respect to real property and related personal property
which may be made available for assignment to HUD for disposal under
section 203(k)(6) of the Act for self-help housing or housing
assistance purposes, the disposal agency shall notify eligible public
agencies, in accordance with the provisions of Sec. 101-47.303-2, that
such property has been determined to be surplus. Such notice to
eligible public agencies shall state that any planning for self-help
housing or housing assistance use involved in the development of the
comprehensive and coordinated plan of use and procurement for the
property must be coordinated with HUD and that an application form for
such use of the property and instructions for the preparation and
submission of an application may be obtained from HUD. The requirement
for self-help housing or housing assistance use of the property by an
eligible public agency will be contingent upon the disposal agency's
approval under paragraph (j) of this section and a recommendation for
assignment of Federal surplus real property received from HUD. Any
subsequent transfer shall be subject to the disapproval of the head of
the disposal agency as stipulated under section 203(k)(6)(B) of the Act
and referenced in paragraph (k) of this section.
(d) With respect to surplus real property and related personal
property which may be made available for assignment to HUD for disposal
under section 203(k)(6) of the Act for self-help housing or housing
assistance purposes to nonprofit organizations that exist for the
primary purpose of providing housing or housing assistance for low-
income individuals or families, HUD may notify such eligible nonprofit
organizations, in accordance with the provisions of Sec. 101-47.303-
2(e), that such property has been determined to be surplus. Any such
notice to eligible nonprofit organizations shall state that any
requirement for housing or housing assistance use of the property
should be coordinated with the public agency declaring to the disposal
agency an intent to develop and submit a comprehensive and coordinated
plan of use and procurement for the property. The requirement for self-
help housing or housing assistance use of the property by an eligible
nonprofit organization will be contingent upon the disposal agency's
approval, under paragraph (j) of this section, of an assignment
recommendation received from HUD, and any subsequent transfer shall be
subject to the disapproval of the head of the disposal agency as
stipulated under section 203(k)(6)(B) of the Act and referenced in
paragraph (k) of this section.
(e) HUD shall notify the disposal agency within 30-calendar days
after the date of the notice of determination of surplus if it has an
eligible applicant interested in acquiring the property. Whenever HUD
has notified the disposal agency within the 30-calendar day period of a
potential self-help housing or housing assistance requirement for the
property, HUD shall submit to the disposal agency within 25-calendar
days after the expiration of the 30-calendar day period, a
recommendation for assignment of the property, or shall inform the
disposal agency, within the 25-calendar day period, that a
recommendation will not be made for assignment of the property.
(f) Whenever an eligible public agency has submitted a plan of use
for property for a self-help housing or housing assistance requirement,
in accordance with the provisions of Sec. 101-47.303-2, the disposal
agency shall transmit two copies of the plan to the regional office of
HUD. HUD shall submit to the disposal agency, within 25-calendar days
after the date the plan is transmitted, a recommendation for assignment
of the property to the Secretary of HUD, or shall inform the disposal
agency, within the 25-calendar day period, that a recommendation will
not be made for assignment of the property to HUD.
(g) Any assignment recommendation submitted to the disposal agency
by HUD shall set forth complete information concerning the self-help
housing or housing assistance use, including:
(1) Identification of the property;
(2) Name of the applicant and the size and nature of its program;
(3) Specific use planned;
(4) Intended public benefit allowance;
(5) Estimate of the value upon which such proposed allowance is
based; and
(6) If the acreage or value of the property exceeds the standards
established by the Secretary, an explanation therefor.
Note to paragraph (g): HUD shall furnish to the holding agency a
copy of the recommendation, unless the holding agency is also the
disposal agency.
(h) Holding agencies shall cooperate to the fullest extent possible
with representatives of HUD in their inspection of such property and in
furnishing information relating thereto.
(i) In the absence of an assignment recommendation from HUD
submitted pursuant to Sec. 101-47.308-6(e) or (f), and
[[Page 5618]]
received within the 25-calendar day time limit specified therein, the
disposal agency shall proceed with other disposal actions.
(j) If, after considering other uses for the property, the disposal
agency approves the assignment recommendation from HUD, it shall assign
the property by letter or other document to the Secretary of HUD. If
the recommendation is disapproved, the disposal agency shall likewise
notify the Secretary of HUD. The disposal agency shall furnish to the
holding agency a copy of the assignment, unless the holding agency is
also the disposal agency.
(k) Subsequent to the receipt of the disposal agency's letter of
assignment, HUD shall furnish to the disposal agency a Notice of
Proposed Transfer in accordance with section 203(k)(6)(B) of the Act.
If the disposal agency has not disapproved the proposed transfer within
30-calendar days of the receipt of the Notice of Proposed Transfer, HUD
may proceed with the transfer.
(l) HUD shall furnish the Notice of Proposed Transfer within 35-
calendar days after the disposal agency's letter of assignment and
shall prepare the transfer documents and take all necessary actions to
accomplish the transfer within 15-calendar days after the expiration of
the 30-calendar day period provided for the disposal agency to consider
the notice. HUD shall furnish the disposal agency two conformed copies
of deeds, leases or other instruments conveying the property under
section 203(k)(6) of the Act and all related documents containing
restrictions or conditions regulating the future use, maintenance or
transfer of the property.
(m) HUD has the responsibility for enforcing compliance with the
terms and conditions of transfer; for the reformation, correction, or
amendment of any transfer instrument; for the granting of releases; and
for the taking of any necessary actions for recapturing such property
in accordance with the provisions of section 203(k)(4) of the Act. HUD
maintains the same responsibility for properties previously conveyed
under section 414(a) of the 1969 HUD Act. Any such action shall be
subject to the disapproval of the head of the disposal agency. Notice
to the head of the disposal agency by HUD of any action proposed to be
taken shall identify the property affected, set forth in detail the
proposed action, and state the reasons therefor.
(n) If any property previously conveyed under section 414(a) of the
1969 HUD Act, as amended, to an entity other than a public body is used
for any purpose other than the purpose for which it was sold or leased
within a period of 30 years of the conveyance, it shall revert to the
United States (or, in the case of leased property, the lease shall
terminate) unless the appropriate Secretary (HUD or the Secretary of
Agriculture (USDA)) and the Administrator of General Services, after
the expiration of the first 20 years of such period, approve the use of
the property for such other purpose.
(o) In each case of repossession under a terminated lease or
reversion of title by reason of noncompliance with the terms or
conditions of sale or other cause, HUD (or USDA for property conveyed
through the former Farmers Home Administration program under section
414(a) of the 1969 HUD Act) shall, at or prior to such repossession or
reversion of title, provide the appropriate GSA regional office with an
accurate description of the real and related personal property
involved. Standard Form 118, Report of Excess Real Property, and the
appropriate schedules shall be used for this purpose. Upon receipt of
advice from HUD (or USDA) that such property has been repossessed or
title has reverted, GSA will act upon the Standard Form 118. The
grantee shall be required to provide protection and maintenance for the
property until such time as the title reverts to the Federal
Government, including the period of any notice of intent to revert.
Such protection and maintenance shall, at a minimum, conform to the
standards prescribed in Sec. 101-47.4913.
8. Section 101-47.308-9 is amended by revising the section heading,
paragraphs (a) through (g), and paragraphs (j) and (k) to read as
follows:
Sec. 101-47.308-9 Property for correctional facility, law enforcement,
or emergency management response purposes.
(a) Under section 203(p)(1) of the Act, the head of the disposal
agency or designee may, in his/her discretion, convey, without monetary
consideration, to any State, or to those governmental bodies named
therein, or to any political subdivision or instrumentality thereof,
surplus real and related personal property for:
(1) Correctional facility purposes, provided the Attorney General
has determined that the property is required for such purposes and has
approved an appropriate program or project for the care or
rehabilitation of criminal offenders;
(2) Law enforcement purposes, provided the Attorney General has
determined that the property is required for such purposes; and
(3) Emergency management response purposes, including fire and
rescue services, provided the Director of the Federal Emergency
Management Agency has determined that the property is required for such
purposes.
(b) The disposal agency shall provide prompt notification to the
Office of Justice Programs (OJP), Department of Justice (DOJ), and the
Federal Emergency Management Agency (FEMA) of the availability of
surplus properties. Included in the notification to OJP and FEMA will
be a copy of the holding agency's Standard Form 118, Report of Excess
Real Property, with accompanying schedules.
(c) With respect to real property and related personal property
which may be made available for disposal under section 203(p)(1) of the
Act for correctional facility, law enforcement, or emergency management
response purposes, OJP or FEMA shall convey notices of availability of
properties to the appropriate State and local public agencies. Such
notice shall state that any planning for correctional facility, law
enforcement, or emergency management response use involved in the
development of a comprehensive and coordinated plan of use and
procurement for the property must be coordinated and approved by the
OJP or FEMA, as appropriate, and that an application form for such use
of the property and instructions for the preparation and submission of
an application may be obtained from OJP or FEMA. OJP defines the term
``law enforcement'' to mean ``any activity involving the control or
reduction of crime and juvenile delinquency, or enforcement of the
criminal law, including investigative activities such as laboratory
functions as well as training.'' The requirement for correctional
facility, law enforcement, or emergency management response use of the
property by an eligible public agency will be contingent upon the
disposal agency's approval under paragraph (g) of this section of a
determination:
(1) By DOJ that identifies surplus property required for
correctional facility use under an appropriate program or project for
the care of rehabilitation of criminal offenders, or for law
enforcement use; or
(2) By FEMA that identifies surplus property required for emergency
management response use.
(d) OJP or FEMA shall notify the disposal agency within 30-calendar
days after the date of the notice of determination of surplus if there
is an eligible applicant interested in acquiring the property. Whenever
OJP or FEMA
[[Page 5619]]
has notified the disposal agency within the said 30-calendar day period
of a potential correctional facility, law enforcement, or emergency
management response requirement for the property, OJP or FEMA shall
submit to the disposal agency within 25-calendar days after the
expiration of the 30-calendar day period, a determination indicating a
correctional facility requirement for the property and approving an
appropriate program or project for the care or rehabilitation of
criminal offenders, a law enforcement requirement, or an emergency
management response requirement, or shall inform the disposal agency,
within the 25-calendar day period, that the property will not be
required for correctional facility, law enforcement, or an emergency
management response use.
(e) Any determination submitted to the disposal agency by DOJ or
FEMA shall set forth complete information concerning the correctional
facility, law enforcement, or emergency management response use,
including:
(1) Identification of the property;
(2) Certification that the property is required for correctional
facility, law enforcement, or emergency management response use;
(3) A copy of the approved application which defines the proposed
plan of use; and
(4) The environmental impact of the proposed correctional facility,
law enforcement, or emergency management response use.
(f) Both holding and disposal agencies shall cooperate to the
fullest extent possible with Federal and State agency representatives
in their inspection of such property and in furnishing information
relating thereto.
(g) If, after considering other uses for the property, the disposal
agency approves the determination by DOJ or FEMA, it shall convey the
property to the appropriate grantee. If the determination is
disapproved, or in the absence of a determination from DOJ or FEMA
submitted pursuant to Sec. 101-47.308-9(d), and received within the 25-
calendar day time limit specified therein, the disposal agency shall
proceed with other disposal actions. The disposal agency shall notify
OJP or FEMA 10 days prior to any announcement of a determination to
either approve or disapprove an application for correctional, law
enforcement, or emergency management response purposes and shall
furnish to OJP or FEMA a copy of the conveyance documents.
* * * * *
(j) The OJP or FEMA will notify GSA upon discovery of any
information indicating a change in use and, upon request, make a
redetermination of continued appropriateness of the use of a
transferred property.
(k) In each case of repossession under a reversion of title by
reason of noncompliance with the terms of the conveyance documents or
other cause, OJP or FEMA shall, at or prior to such repossession,
provide the appropriate GSA regional office with an accurate
description of the real and related personal property involved.
Standard Form 118, Report of Excess Real Property, and the appropriate
schedules shall be used for this purpose. Upon receipt of advice from
OJP or FEMA that such property has been repossessed and/or title has
reverted, GSA will act upon the Standard Form 118. The grantee shall be
required to provide protection and maintenance for the property until
such time as the title reverts to the Federal Government, including the
period of any notice of intent to revert. Such protection and
maintenance shall, at a minimum, conform to the standards prescribed in
Sec. 101-47.4913.
Sec. 101-47.4905 [Amended]
9. Section 101-47.4905 is amended as follows:
a. In the paragraphs headed ``Type of property'' under the listings
for Statutes 40 U.S.C. 484(k)(2), 40 U.S.C. 484(k)(3), and 40 U.S.C.
484(q), remove the phrase ``military chapels subject to disposal as a
shrine, memorial, or for religious purposes under the provisions of
Sec. 101-47.308-5; and (4)'' wherever it appears.
b. Add paragraphs headed ``Statute'', ``Type of property'', and
``Eligible public agencies'' for statute citation 40 U.S.C. 484(k)(6)
in numerical order as set forth below.
c. Revise the paragraphs headed ``Statute'', ``Type of property'',
and ``Eligible public agencies'' for statute citation 40 U.S.C. 484(p)
as set forth below.
d. In the paragraph headed ``Type of property'' under the listing
for 49 U.S.C. 47151, remove the phrase ``military chapels subject to
disposal as a shrine, memorial, or for religious purposes under the
provisions of Sec. 101-47.308-5; and (3)''; and remove the numbers
``(4)'' and ``(5)'' and add in their place ``(3)'' and ``(4)''
respectively.
Sec. 101-47.4905 Extract of statutes authorizing disposal of surplus
real property to public agencies.
* * * * *
Statute: 40 U.S.C. 484(k)(6). Disposals for self-help housing and
housing assistance.
Type of property*: Any surplus real and related personal property,
including buildings, fixtures, and equipment situated thereon,
exclusive of (1) oil, gas, and mineral rights; (2) improvements without
land; and (3) property which the holding agency has requested
reimbursement of the net proceeds of disposition pursuant to section
204(c) of the Act. Before property may be conveyed under this statute,
the Secretary of the Housing and Urban Development must recommend that
the property is needed for providing self-help housing or housing
assistance for low-income individuals or families.
Eligible public agencies: Any State, any political subdivision or
instrumentality of a State, or any nonprofit organization that exists
for the primary purpose of providing self-help housing or housing
assistance for low-income individuals or families.
Statute: 40 U.S.C. 484(p). Disposals for correctional facility, law
enforcement, or emergency management response purposes.
Type of property*: Any surplus real and related personal property,
including buildings, fixtures, and equipment situated thereon,
exclusive of (1) oil, gas, and mineral rights; (2) improvements without
land; and (3) property which the holding agency has requested
reimbursement of the net proceeds of disposition pursuant to section
204(c) of the Act. Before property may be conveyed under this statute,
the Attorney General must determine that the property is required for
correctional facility use under an appropriate program or project
approved by the Attorney General for the care or rehabilitation of
criminal offenders or for law enforcement use. Before property may be
conveyed under this statute for emergency management response use, the
Director of the Federal Emergency Management Agency must determine that
the property is required for such use.
Eligible public agencies: Any State; the District of Columbia; any
territory or possession of the United States; and any political
subdivision or instrumentality thereof.
* * * * *
Sec. 101-47.4906 [Amended]
10. Amend Sec. 101-47.4906 as follows:
a. In the list of statutes, add the statute citation ``40 U.S.C.
484(k)(6) Self-help housing and housing assistance.'' after ``40 U.S.C.
484(k)(3) Historic monument.''.
b. In the list of statutes, revise the title of 40 U.S.C. 484(p) to
read as follows: ``Correctional facility, law enforcement, or emergency
management response.''.
[[Page 5620]]
Dated: January 6, 1999.
David J. Barram,
Administrator of General Services.
[FR Doc. 99-2614 Filed 2-3-99; 8:45 am]
BILLING CODE 6820-23-P
