41 C.F.R. Subpart F—Delegations
Title 41 - Public Contracts and Property Management
GSA delegates to the Secretary of Defense the authority to determine that Federal agencies do not need Department of Defense controlled excess real property and related personal property having a total estimated fair market value, including all the component units of the property, of less than $50,000; and to dispose of the property by means deemed most advantageous to the United States. The Secretary must conduct a Federal screening to determine that there is no further Federal need or requirement for the property. No, although the authority in this delegation must be used following the provisions of Chapter 5 of Subtitle I of Title 40 of the United States Code and its implementing regulations. Yes, the Secretary of Defense may redelegate the authority delegated in §102–75.1055 to any officer or employee of the Department of Defense.
Title 41: Public Contracts and Property Management
PART 102–75—REAL PROPERTY DISPOSAL
Subpart F—Delegations
Delegation to the Department of Defense (DoD)
§ 102-75.1055 What is the policy governing delegations of real property disposal authority to the Secretary of Defense?
§ 102-75.1060 What must the Secretary of Defense do before determining that DoD-controlled excess real property and related personal property is not required for the needs of any Federal agency and prior to disposal?
§ 102-75.1065 When using a delegation of real property disposal authority under this subpart, is DoD required to report excess property to GSA?
§ 102-75.1070 Can this delegation of authority to the Secretary of Defense be redelegated?
Delegation to the Department of Agriculture (USDA)
§ 102-75.1075 What is the policy governing delegations of real property disposal authority to the Secretary of Agriculture?
GSA delegates authority to the Secretary of Agriculture to determine that Federal agencies do not need USDA-controlled excess real property and related personal property having a total estimated fair market value, including all the component units of the property, of less than $50,000; and to dispose of the property by means deemed most advantageous to the United States.
§ 102-75.1080 What must the Secretary of Agriculture do before determining that USDA-controlled excess real property and related personal property is not required for the needs of any Federal agency and prior to disposal?
The Secretary must conduct a Federal screening to determine that there is no further Federal need or requirement for the property.
§ 102-75.1085 When using a delegation of real property disposal authority under this subpart, is USDA required to report excess property to GSA?
No, although the authority in this delegation must be used following the provisions of Chapter 5 of Subtitle I of Title 40 of the United States Code and its implementing regulations.
§ 102-75.1090 Can this delegation of authority to the Secretary of Agriculture be redelegated?
Yes, the Secretary of Agriculture may redelegate authority delegated in §102–75.1075 to any officer or employee of the Department of Agriculture.
Delegation to the Department of the Interior
§ 102-75.1095 What is the policy governing delegations of authority to the Secretary of the Interior?
GSA delegates authority to the Secretary of the Interior to—
(a) Maintain custody, control, and accountability for mineral resources in, on, or under Federal real property that the Administrator or his designee occasionally designates as currently utilized, excess, or surplus to the Government's needs;
(b) Dispose of mineral resources by lease and to administer those leases that are made; and
(c) Determine that Federal agencies do not need Department of the Interior controlled excess real property and related personal property with an estimated fair market value, including all components of the property, of less than $50,000; and to dispose of the property by means most advantageous to the United States.
§ 102-75.1100 Can this delegation of authority to the Secretary of the Interior be redelegated?
Yes, the Secretary of the Interior may redelegate this authority to any officer, official, or employee of the Department of the Interior.
§ 102-75.1105 What other responsibilities does the Secretary of the Interior have under this delegation of authority?
Under this authority, the Secretary of the Interior is responsible for—
(a) Maintaining proper inventory records, as head of the landholding agency;
(b) Monitoring the minerals as necessary, as head of the landholding agency, to prevent unauthorized mining or removal of the minerals;
(c) Securing any appraisals deemed necessary by the Secretary;
(d) Coordinating with all surface landowners, Federal or otherwise, to prevent unnecessary interference with the surface use;
(e) Restoring damaged or disturbed lands after removal of the mineral deposits;
(f) Notifying the Administrator of General Services when the disposal of all marketable mineral deposits is complete;
(g) Complying with the applicable environmental laws and regulations, including the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.); and the implementing regulations issued by the Council on Environmental Quality (40 CFR part 1500); section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470f); and the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) and the Department of Commerce implementing regulations (15 CFR parts 923 and 930);
(h) Forwarding promptly to the Administrator of General Services copies of any agreements executed under this authority; and
(i) Providing the Administrator of General Services with an annual accounting of the proceeds received from leases executed under this authority.
Native American-Related Delegations
§ 102-75.1110 What is the policy governing delegations of authority to the Secretary of the Interior, the Secretary of Health and Human Services, and the Secretary of Education for property used in the administration of any Native American-related functions?
GSA delegates authority to the Secretary of the Interior, the Secretary of Health and Human Services, and the Secretary of Education to transfer and to retransfer to each other, upon request, any of the property of each agency that is being used and will continue to be used in the administration of any functions relating to the Native Americans. The term property, as used in this delegation, includes real property and such personal property as the Secretary making the transfer or re-transfer determines to be related personal property. The Departments must exercise the authority conferred in this section following applicable GSA regulations issued pursuant to the provisions of Chapter 5 of Subtitle I of Title 40 of the United States Code.
§ 102-75.1115 Are there any limitations or restrictions on this delegation of authority?
This authority must be used only in connection with property that the appropriate Secretary determines—
(a) Comprises a functional unit;
(b) Is located within the United States; and
(c) Has an acquisition cost of $100,000 or less, provided that the transfer or retransfer does not include property situated in any area that is recognized as an urban area or place as identified by the most recent decennial census.
§ 102-75.1120 Does the property have to be Federally screened?
No, screening is not required because it would accomplish no useful purpose, since the property subject to transfer or retransfer will continue to be used in the administration of any functions relating to Native Americans.
§ 102-75.1125 Can the transfer/retransfer under this delegation be at no cost or without consideration?
Yes, transfers/retransfers under this delegation can be at no cost or without consideration, except—
(a) Where funds programmed and appropriated for acquisition of the property are available to the Secretary requesting the transfer or retransfer; or
(b) Whenever reimbursement at fair market value is required by subpart B of this part (entitled “Utilization of Excess Real Property”).
§ 102-75.1130 What action must the Secretary requesting the transfer take where funds were not programmed and appropriated for acquisition of the property?
The Secretary requesting the transfer or retransfer must certify in writing that no funds are available to acquire the property. The Secretary transferring or retransferring the property may make any determination necessary that would otherwise be made by GSA to carry out the authority contained in this delegation.
§ 102-75.1135 May this delegation of authority to the Secretary of the Interior, the Secretary of Health and Human Services, and the Secretary of Education be redelegated?
Yes, the Secretary of the Interior, the Secretary of Health and Human Services, and the Secretary of Education may redelegate any of the authority contained in this delegation to any officers or employees of their respective departments.
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