41 C.F.R. Subpart E—Abandonment, Destruction, or Donation to Public Bodies
Title 41 - Public Contracts and Property Management
Yes, subject to the restrictions in this subpart, any Federal agency having control of real property that has no commercial value or for which the estimated cost of continued care and handling exceeds the estimated proceeds from its sale, may— (a) Abandon or destroy Government-owned improvements and related personal property located on privately-owned land; (b) Destroy Government-owned improvements and related personal property located on Government-owned land (abandonment of such property is not authorized); or (c) Donate to public bodies any Government-owned real property (land and/or improvements and related personal property), or interests therein. No, property that is dangerous to public health or safety must be made harmless or have adequate safeguards in place before it can be abandoned, destroyed, or donated to public bodies.
Title 41: Public Contracts and Property Management
PART 102–75—REAL PROPERTY DISPOSAL
Subpart E—Abandonment, Destruction, or Donation to Public Bodies
§ 102-75.990 May Federal agencies abandon, destroy, or donate to public bodies real property?
Dangerous Property
§ 102-75.995 May Federal agencies dispose of dangerous property?
Determinations
§ 102-75.1000 How is the decision made to abandon, destroy, or donate property?
No property shall be abandoned, destroyed, or donated by a Federal agency under §102–75.990, unless a duly authorized official of that agency determines, in writing, that—
(a) The property has no commercial value; or
(b) The estimated cost of its continued care and handling exceeds the estimated proceeds from its sale.
§ 102-75.1005 Who can make the determination within the Federal agency on whether a property can be abandoned, destroyed, or donated?
Only a duly authorized official of that agency not directly accountable for the subject property can make the determination.
§ 102-75.1010 When is a reviewing authority required to approve the determination concerning a property that is to be abandoned, destroyed, or donated?
A reviewing authority must approve determinations made under §102–75.1000 before any such disposal, whenever all the property proposed to be disposed of by a Federal agency has a current estimated fair market value of more than $50,000.
Restrictions
§ 102-75.1015 Are there any restrictions on Federal agencies concerning property donations to public bodies?
Yes, Federal agencies must obtain prior concurrence of GSA before donating to public bodies—
(a) Improvements on land or related personal property having a current estimated fair market value in excess of $250,000; and
(b) Land, regardless of cost.
Disposal Costs
§ 102-75.1020 Are public bodies ever required to pay the disposal costs associated with donated property?
Yes, any public body receiving donated improvements on land or related personal property must pay the disposal costs associated with the donation, such as dismantling, removal, and the cleaning up of the premises.
Abandonment and Destruction
§ 102-75.1025 When can a Federal agency abandon or destroy improvements on land or related personal property in lieu of donating it to a public body?
A Federal agency may not abandon or destroy improvements on land or related personal property unless a duly authorized official of that agency finds, in writing, that donating the property is not feasible. This written finding is in addition to the determination prescribed in §§102–75.1000, 102–75.1005, and 102–75.1010. If donating the property becomes feasible at any time prior to actually abandoning or destroying the property, the Federal agency must donate it.
§ 102-75.1030 May Federal agencies abandon or destroy property in any manner they decide?
No, Federal agencies may not abandon or destroy property in a manner that is detrimental or dangerous to public health or safety or that will infringe on the rights of other persons.
§ 102-75.1035 Are there any restrictions on Federal agencies concerning the abandonment or destruction of improvements on land or related personal property?
Yes, GSA must concur in an agency's abandonment or destruction of improvements on land or related personal property prior to abandoning or destroying such improvements on land or related personal property—
(a) That are of permanent type construction; or
(b) The retention of which would enhance the value of the underlying land, if it were to be made available for sale or lease.
§ 102-75.1040 May Federal agencies abandon or destroy improvements on land or related personal property before public notice is given of such proposed abandonment or destruction?
Except as provided in §102–75.1045, a Federal agency must not abandon or destroy improvements on land or related personal property until after it has given public notice of the proposed abandonment or destruction. This notice must be given in the area in which the property is located, must contain a general description of the property to be abandoned or destroyed, and must include an offering of the property for sale. A copy of the notice must be given to the GSA regional property disposal office for the region in which the property is located.
§ 102-75.1045 Are there exceptions to the policy that requires public notice be given before Federal agencies abandon or destroy improvements on land or related personal property?
Yes, property can be abandoned or destroyed without public notice if—
(a) Its value is so low or the cost of its care and handling so great that retaining the property to post public notice is clearly not economical;
(b) Health, safety, or security considerations require its immediate abandonment or destruction; or
(c) The assigned mission of the agency might be jeopardized by the delay, and a duly authorized Federal agency official finds in writing, with respect to paragraph (a), (b), or (c) of this section, and a reviewing authority approves this finding. The finding must be in addition to the determinations prescribed in §§102–75.1000, 102–75.1005, 102–75.1010, and 102–75.1025.
§ 102-75.1050 Is there any property for which this subpart does not apply?
Yes, this subpart does not apply to surplus property assigned for disposal to educational or public health institutions pursuant to 40 U.S.C. 550(c) or (d).
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