41 C.F.R. PART 102-75--REAL PROPERTY DISPOSAL
TITLE 41--Public Contracts and Property Management
Subtitle C--FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM
CHAPTER 102--FEDERAL MANAGEMENT REGULATION
SUBCHAPTER C--REAL PROPERTY
PART 102-75--REAL PROPERTY DISPOSAL
Subpart A--GENERAL PROVISIONS
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| What is the scope of this part?
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| What basic real property disposal policy governs disposal agencies?
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| What real property disposal services must agencies provide under a delegation of authority from GSA?
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| How can Federal agencies with independent disposal authority obtain related disposal services?
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Subpart B--UTILIZATION OF EXCESS REAL PROPERTY
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| What are landholding agencies' responsibilities concerning the utilization of excess property?
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| What are disposal agencies' responsibilities concerning the utilization of excess property?
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| What are the standards that each Executive agency must use to identify unneeded Federal real property?
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| What does the term ''Not utilized'' mean?
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| What does the term ''Underutilized'' mean?
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| What does the term ''Not being put to optimum use'' mean?
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| What are landholding agencies' responsibilities concerning real property surveys?
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| Why is it important for Executive agencies to notify the disposal agency of its real property needs?
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| Are there any exceptions to this notification policy?
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| What is the most important consideration in evaluating a proposed transfer of excess real property?
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| What are an Executive agency's responsibilities before requesting a transfer of excess real property?
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| Can disposal agencies transfer excess real property to agencies for programs that appear to be scheduled for substantial curtailment or termination?
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| How is excess real property needed for office, storage, and related purposes normally transferred to the requesting agency?
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| Can Federal agencies that normally do not require real property (other than for office, storage, and related purposes) or that may not have statutory authority to acquire such property, obtain the use of excess real property?
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| When an agency holds land withdrawn or reserved from the public domain and determines that it no longer needs this land, what must it do?
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| What responsibility does the Department of the Interior have if it determines that minerals in the land are unsuitable for disposition under the public land mining and mineral leasing laws?
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| Can transfers of real property be made under authority of laws other than those codified in Title 40 of the United States Code?
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| Must reports of excess real property and related personal property be prepared on specific forms?
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| Is there any other information that needs to accompany (or be submitted with) the Report of Excess Real Property (Standard Form 118)?
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| What information must agencies include in the title report?
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| If hazardous substance activity took place on the property, what specific information must an agency include in the title report?
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| If no hazardous substance activity took place on the property, what specific information must an agency include in the title report?
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| In addition to the title report, and all necessary environmental information and certifications, what information must an Executive agency transmit with the Report of Excess Real Property (Standard Form 118)?
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| Is GSA required to review each report of excess?
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| What happens when GSA determines that the report of excess is adequate?
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| What happens if GSA determines that the report of excess is insufficient?
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| Should prefabricated movable structures be designated real or personal property for disposition purposes?
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| Should related personal property be designated real or personal property for disposition purposes?
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| What happens to the related personal property in a structure scheduled for demolition?
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| What are GSA's responsibilities regarding transfer requests?
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| May landholding agencies transfer excess real property without notifying GSA?
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| In those instances where landholding agencies may transfer excess real property without notifying GSA, which policies must they follow?
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| What amount must the transferee agency pay for the transfer of excess real property?
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| If the transferor agency is a wholly owned Government corporation, what amount must the transferee agency pay?
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| What amount must the transferee agency pay if property is being transferred for the purpose of upgrading the transferee agency's facilities?
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| Are transfers ever made without reimbursement by the transferee agency?
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| What must a transferee agency include in its request for an exception from the 100 percent reimbursement requirement?
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| Who must endorse requests for exception to the 100 percent reimbursement requirement?
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| Where should an agency send a request for exception to the 100 percent reimbursement requirement?
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| Who must review and approve a request for exception from the 100 percent reimbursement requirement?
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| Who is responsible for property protection and maintenance costs while the request for exception is being reviewed?
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| May disposal agencies transfer excess property to the Senate, the House of Representatives, and the Architect of the Capitol?
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| May excess real property be temporarily assigned/reassigned?
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| When can landholding agencies grant rights for non-Federal interim use of excess property reported to GSA?
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Subpart C--SURPLUS REAL PROPERTY DISPOSAL
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| What general policy must the disposal agency follow concerning the disposal of surplus property?
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| What are disposal agencies' specific responsibilities concerning the disposal of surplus property?
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| When may the disposal agency dispose of surplus real property by exchange for privately owned property?
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| Are conveyance documents required to identify all agreements and representations concerning property restrictions and conditions?
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| Must antitrust laws be considered when disposing of property?
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| Who determines whether the proposed disposal would create or maintain a situation inconsistent with antitrust laws?
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| What information concerning a proposed disposal must a disposal agency provide to the Attorney General to determine the applicability of antitrust laws?
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| 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?
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| 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?
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| What is the policy on extending credit in connection with the disposal of surplus property?
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| When may a landholding agency other than GSA be the disposal agency for real and related personal property?
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| Are there any exceptions to when landholding agencies can serve as the disposal agency?
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| Can agencies request that GSA be the disposal agency for real property and real property interests described in 102-75.296?
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| What are landholding agencies' responsibilities if GSA conducts the disposal?
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| Are appraisals required for all real property disposal transactions?
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| What type of appraisal value must be obtained for real property disposal transactions?
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| Who must agencies use to appraise the real property?
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| Are appraisers authorized to consider the effect of historic covenants on the fair market value?
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| Does appraisal information need to be kept confidential?
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| What responsibility does the landholding agency have to provide persons the opportunity to inspect available surplus property?
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| What form must all offers to purchase or lease be in?
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| Where asbestos is identified, what information must the disposal agency incorporate into the offer to purchase and the conveyance document?
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| 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?
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| 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?
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| What are disposal agencies' responsibilities concerning public benefit conveyances?
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| May the disposal agency waive screening for public benefit conveyances?
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| What clause must be in the offer to purchase and the conveyance documents for public benefit conveyances?
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| What wording must be in the non-discrimination clause that is required in the offer to purchase and in the conveyance document?
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| Do disposal agencies have to notify State entities and Government agencies that a surplus power transmission line and right-of-way is available?
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| 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?
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| 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?
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| May power transmission lines and rights-of-way be disposed of in other ways?
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| Do disposal agencies have the responsibility to notify eligible public agencies that airport property has been determined to be surplus?
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| What does the term ''surplus airport property'' mean?
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| May surplus airport property be conveyed or disposed of to a State, political subdivision, municipality, or tax-supported institution for a public airport?
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| Is industrial property located on an airport also considered to be ''airport property''?
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| 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?
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| 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?
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| What happens after the disposal agency receives the FAA's recommendation for disposal of the property for a public airport?
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| What happens if the FAA informs the disposal agency that it does not recommend disposal of the property for a public airport?
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| Who has sole responsibility for enforcing compliance with the terms and conditions of disposal for property disposed of for use as a public airport?
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| What happens if property conveyed for use as a public airport is revested in the United States?
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| 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?
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| Who must disposal agencies notify that surplus property is available for historic monument use?
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| Who can convey surplus real and related personal property for historic monument use?
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| What type of property is suitable or desirable for use as a historic monument?
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| May historic monuments be used for revenue-producing activities?
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| What information must disposal agencies furnish eligible public agencies?
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| 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)?
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| 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?
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| 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?
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| Who has the responsibility for enforcing compliance with the terms and conditions of disposal for surplus property conveyed for use as a historic monument?
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| What happens if property that was conveyed for use as a historic monument is revested in the United States?
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| Who must notify eligible public agencies that surplus real property for educational and public health purposes is available?
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| 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?
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| 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?
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| Is the request for educational or public health use of a property by an eligible nonprofit institution contingent upon the disposal agency's approval?
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| 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?
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| 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?
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| 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?
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| What responsibilities do landholding agencies have concerning properties to be used for educational and public health purposes?
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| 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?
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| What responsibilities does the Department of Education or the Department of Health and Human Services have after receiving the disposal agency's assignment letter?
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| Who is responsible for enforcing compliance with the terms and conditions of the transfer for educational or public health purposes?
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| 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?
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| What does ''self-help housing or housing assistance'' mean?
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| Which Federal agency receives the property assigned for self-help housing or housing assistance for low-income individuals or families?
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| Who notifies eligible public agencies that real property to be used for self-help housing or housing assistance purposes is available?
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| 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)?
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| What happens if the disposal agency does not approve the assignment recommendation?
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| 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?
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| When must HUD notify the disposal agency that an eligible applicant is interested in acquiring the property?
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| 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?
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| What does the assignment recommendation contain?
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| What responsibilities do landholding agencies have concerning properties to be used for self-help housing or housing assistance use?
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| What happens if HUD does not approve any applications for self-help housing or housing assistance use?
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| What responsibilities does HUD have after receiving the disposal agency's assignment letter?
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| 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?
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| Who is responsible for enforcing compliance with the terms and conditions of property transferred under section 414(a) of the 1969 HUD Act?
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| 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?
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| Which Federal agency is assigned surplus real property for public park or recreation purposes?
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| Who must disposal agencies notify that real property for public park or recreation purposes is available?
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| What information must the Department of the Interior (DOI) furnish eligible public agencies?
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| When must DOI notify the disposal agency that an eligible applicant is interested in acquiring the property?
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| What responsibilities do landholding agencies have concerning properties to be used for public park or recreation purposes?
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| When must DOI request assignment of the property?
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| What does the assignment recommendation contain?
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| What happens if DOI does not approve any applications or does not submit an assignment recommendation?
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| What happens after the disposal agency receives the assignment recommendation from DOI?
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| What responsibilities does DOI have after receiving the disposal agency's assignment letter?
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| What responsibilities does the grantee or recipient of the property have in accomplishing or completing the transfer?
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| What information must be included in the deed of conveyance of any surplus property transferred for public park or recreation purposes?
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| Who is responsible for enforcing compliance with the terms and conditions of the transfer of property used for public park or recreation purposes?
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| 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?
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| 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?
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| 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?
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| When must the Federal agency notify the disposal agency that an eligible State agency is interested in acquiring the property under section 218?
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| 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?
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| When can a Federal agency request transfer of the property to the selected State agency?
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| Is there a specific or preferred format for the transfer request and who should receive it?
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| What does the transfer request contain?
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| 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?
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| What happens after the disposal agency receives the transfer request from the Federal agency?
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| Does the State agency have any responsibilities in helping to accomplish the transfer of the property?
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| What happens if the property transfer request is not approved by the disposal agency?
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| Who is eligible to receive surplus real and related personal property for correctional facility, law enforcement, or emergency management response purposes?
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| Which Federal agencies must the disposal agency notify concerning the availability of surplus properties for correctional facility, law enforcement, or emergency management response purposes?
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| 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?
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| What does the term ''law enforcement'' mean?
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| 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?
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| Is the disposal agency required to approve a determination by FEMA that identifies surplus property for emergency management response use?
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| When must DOJ or FEMA notify the disposal agency that an eligible applicant is interested in acquiring the property?
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| What specifically must DOJ or FEMA address in the assignment request or recommendation that is submitted to the disposal agency?
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| What responsibilities do landholding agencies and disposal agencies have concerning properties to be used for correctional facility, law enforcement, or emergency management response purposes?
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| What happens after the disposal agency receives the assignment request by DOJ or FEMA?
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| What information must be included in the deed of conveyance?
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| 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?
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| What responsibilities do OJP or FEMA have if they discover any information indicating a change in use of a transferred property?
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| 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?
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| Which Federal agency is eligible to receive surplus real and related personal property for the development or operation of a port facility?
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| Who must the disposal agency notify when surplus real and related personal property is available for port facility use?
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| What does the surplus notice contain?
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| When must DOT notify the disposal agency that an eligible applicant is interested in acquiring the property?
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| 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?
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| What must DOT address in the assignment recommendation submitted to the disposal agency?
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| What responsibilities do landholding agencies have concerning properties to be used in the development or operation of a port facility?
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| What happens if DOT does not submit an assignment recommendation?
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| What happens after the disposal agency receives the assignment recommendation from DOT?
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| What responsibilities does DOT have after receiving the disposal agency's assignment letter?
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| Who is responsible for enforcing compliance with the terms and conditions of the port facility conveyance?
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| 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?
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| When may Executive agencies conduct negotiated sales?
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| What are the disposal agency's responsibilities concerning negotiated sales?
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| What clause must be in the offer to purchase and conveyance documents for negotiated sales to public agencies?
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| What wording must generally be in the excess profits clause that is required in the offer to purchase and in the conveyance document?
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| What is a negotiated sale for economic development purposes?
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| When must the disposal agency prepare an explanatory statement?
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| Are there any exceptions to this policy of preparing explanatory statements?
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| Do disposal agencies need to retain a copy of the explanatory statement?
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| Where is the explanatory statement sent?
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| Is GSA required to furnish the disposal agency with the explanatory statement's transmittal letter sent to Congress?
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| What happens if there is no objection by an appropriate committee or subcommittee of Congress concerning the proposed negotiated sale?
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| What are disposal agencies' responsibilities concerning public sales?
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| When can an agency dispose of an easement?
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| Can an easement be released or disposed of at no cost?
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| May the easement and the land that benefited from the easement (dominant estate) be disposed of separately?
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| When can agencies grant easements?
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| Can agencies grant easements at no cost?
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| Does an agency retain responsibility for the easement?
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| What must agencies consider when granting easements?
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| What happens if granting an easement will reduce the value of the property?
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| Can landholding agencies outlease surplus real property for non-Federal interim use?
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Subpart D--MANAGEMENT OF EXCESS AND SURPLUS REAL PROPERTY
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| What is GSA's policy concerning the physical care, handling, protection, and maintenance of excess and surplus real property and related personal property?
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| Who has the responsibility for paying property-related obligations pending transfer or disposal of the property?
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| Who is responsible for decontaminating excess and surplus real property?
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| May landholding agencies make improvements or alterations to excess or surplus property in those cases where disposal is otherwise not feasible?
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| Who must perform the protection and maintenance of excess and surplus real property pending transfer to another Federal agency or disposal?
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| How long is the landholding agency responsible for the expense of protection and maintenance of excess and surplus real property pending its transfer or disposal?
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| What happens if the property is not conveyed or disposed of during this time frame?
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| Who is responsible for protection and maintenance expenses if there is no written agreement or no Congressional appropriation to the disposal agency?
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| Is the landholding agency required to assist the disposal agency in the disposition process?
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Subpart E--ABANDONMENT, DESTRUCTION, OR DONATION TO PUBLIC BODIES
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| May Federal agencies abandon, destroy, or donate to public bodies real property?
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| May Federal agencies dispose of dangerous property?
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| How is the decision made to abandon, destroy, or donate property?
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| Who can make the determination within the Federal agency on whether a property can be abandoned, destroyed, or donated?
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| When is a reviewing authority required to approve the determination concerning a property that is to be abandoned, destroyed, or donated?
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| Are there any restrictions on Federal agencies concerning property donations to public bodies?
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| Are public bodies ever required to pay the disposal costs associated with donated property?
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| When can a Federal agency abandon or destroy improvements on land or related personal property in lieu of donating it to a public body?
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| May Federal agencies abandon or destroy property in any manner they decide?
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| Are there any restrictions on Federal agencies concerning the abandonment or destruction of improvements on land or related personal property?
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| May Federal agencies abandon or destroy improvements on land or related personal property before public notice is given of such proposed abandonment or destruction?
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| 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?
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| Is there any property for which this subpart does not apply?
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Subpart F--DELEGATIONS
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| What is the policy governing delegations of real property disposal authority to the Secretary of Defense?
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| 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?
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| When using a delegation of real property disposal authority under this subpart, is DoD required to report excess property to GSA?
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| Can this delegation of authority to the Secretary of Defense be redelegated?
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| What is the policy governing delegations of real property disposal authority to the Secretary of Agriculture?
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| 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?
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| When using a delegation of real property disposal authority under this subpart, is USDA required to report excess property to GSA?
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| Can this delegation of authority to the Secretary of Agriculture be redelegated?
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| What is the policy governing delegations of authority to the Secretary of the Interior?
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| Can this delegation of authority to the Secretary of the Interior be redelegated?
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| What other responsibilities does the Secretary of the Interior have under this delegation of authority?
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| 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?
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| Are there any limitations or restrictions on this delegation of authority?
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| Does the property have to be Federally screened?
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| Can the transfer/retransfer under this delegation be at no cost or without consideration?
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| What action must the Secretary requesting the transfer take where funds were not programmed and appropriated for acquisition of the property?
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| 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?
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Subpart G--CONDITIONAL GIFTS OF REAL PROPERTY TO FURTHER THE DEFENSE EFFORT
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| What is the policy governing the acceptance or rejection of a conditional gift of real property for a particular defense purpose?
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| What action must the Federal agency receiving an offer of a conditional gift take?
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| What happens to the gift if GSA determines it to be acceptable?
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| May an acceptable gift of property be converted to money?
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Subpart H--USE OF FEDERAL REAL PROPERTY TO ASSIST THE HOMELESS
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| What definitions apply to this subpart?
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| What is the applicability of this subpart?
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| How will information be collected?
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| Who issues the suitability determination?
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| For the purposes of this subpart, what is the policy concerning real property reported excess to GSA?
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| What are suitability criteria?
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| What is the policy concerning determination of availability statements?
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| What is the policy concerning making public the notice of determination?
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| How may representatives of the homeless apply for the use of properties to assist the homeless?
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| What action must be taken on approved applications?
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| What action must be taken on properties determined unsuitable for homeless assistance?
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| What action must be taken if there is no expression of interest?
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Subpart I--SCREENING OF FEDERAL REAL PROPERTY
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| How do landholding agencies find out if excess Federal real property is available?
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| What details are provided in the ''Notice of Availability''?
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| How long does an agency have to indicate its interest in the property?
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| Where should an agency send its written response to the ''Notice of Availability''?
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| Who, from the interested landholding agency, should submit the written response to GSA's ''Notice of Availability''?
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| What happens after the landholding agency properly responds to a ''Notice of Availability''?
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| What if the agency is not quite sure it wants the property and needs more time to decide?
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| What happens when more than one agency has a valid interest in the property?
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| Does GSA conduct Federal screening on every property reported as excess real property?
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| Are extensions granted to the Federal screening and response timeframes?
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| How does an agency request a transfer of Federal real property?
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| Does a requesting agency have to pay for excess real property?
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| What happens if the property has already been declared surplus and an agency discovers a need for it?
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| How does GSA transfer excess real property to the requesting agency?
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| What happens if the landholding agency requesting the property does not promptly accept custody and accountability?
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