SUBCHAPTER II—USE OF PROPERTY
§521. Policies and methods
Subject to
(1) prescribe policies and methods to promote the maximum use of excess property by executive agencies; and
(2) provide for the transfer of excess property—
(A) among federal agencies; and
(B) to the organizations specified in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 521 | 40:483(a)(1) (1st sentence). | June 30, 1949, ch. 288, title II, §202(a)(1) (1st sentence), |
The words "the provisions of" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Public Inventory of Guam Land Parcels for Transfer to Government of Guam
"(a)
"(1)
"(A) The parcels are currently owned by the United States Government and are under the administrative jurisdiction of the Department of the Navy.
"(B) The Secretary has determined or expects to determine the parcels to be excess to the needs of the Department of the Navy.
"(C) Under Federal law, including
"(2)
"(A) the approximate size of the parcel;
"(B) an estimate of the fair market value of the parcel, if available or as practicable;
"(C) the date on which the Secretary determined, or the date by which the Secretary expects to determine, that the parcel is excess and made eligible for transfer to the territorial government; and
"(D) the citation of the specific legal authority (including the Guam Omnibus Opportunities Act) under which the Secretary will transfer the parcel to the territorial government or otherwise dispose of the parcel.
"(b)
"(1) The Tanguisson Power Plant (5 acres), listed as Site 14 in the Report.
"(2) The Harmon Substation Annex (9.9 acres), listed as Site 15 in the Report.
"(3) The Piti Power Plant and Substation (15.5 acres), listed as Site 38 in the Report.
"(4) Apra Heights Lot 403–1 (0.5 acres), listed as Site 55 in the Report.
"(5) The Agana Power Plant and Substation (5.9 acres), listed as Site 54 in the Report.
"(6) The ACEORP Maui Tunnel-Tamuning Route 1 behind Old Telex (3.7 acres), listed as Site 23 in the Report.
"(7) The Parcel South of Camp Covington, Parcel 7 (60.8 acres), listed as Site 49 in the Report.
"(8) The NCTS Beach Lot, adjacent to the Tanguisson Power Plant (13.3 acres), listed as Site 13 in the Report.
"(9) The Hoover Park Annex (also known as 'Old USO Beach'; 6 acres), listed as Site 37 in the Report.
"(10) Parcel 'C' Marbo Cave Annex (5 acres), listed as Site 12 in the Report.
"(c)
"(1)
"(2)
"(d)
"(e)
"(1) The inventory maintained under subsection (a), including the parcels required to be included in such inventory under subsection (b).
"(2) All requests submitted by the Governor under subsection (c), including any proposed public benefit use or public purpose specified in any such request.
"(3) A copy of each response provided by the Secretary to each request submitted by the Governor under subsection (c).
"(4) A description of each parcel of land transferred by the Secretary to the territorial government after January 20, 2011, including the following:
"(A) The approximate size of the parcel.
"(B) An estimate of the fair market value of the parcel, if available or as practicable.
"(C) The specific legal authority under which the Secretary transferred the parcel to the territorial government.
"(D) The date the parcel was transferred to the territorial government.
"(f)
"(1) 2017
"(2)
"(3)
"(4)
Opportunity for the Government of Guam To Acquire Excess Real Property in Guam
"(a)
"(2) If the Government of Guam, within 180 days after receiving notification under paragraph (1), notifies the Administrator that the Government of Guam intends to acquire the property under this section, the Administrator shall transfer such property in accordance with subsection (b). Otherwise, the property shall be screened for further Federal use and then, if there is no other Federal use, shall be disposed of in accordance with the Property Act.
"(b)
"(2) All transfers of excess real property to the Government of Guam shall be subject to such restrictive covenants as the Administrator, in consultation with the Secretary of Defense, in the case of property reported excess by a military department, determines to be necessary to ensure that: (A) the use of the property is compatible with continued military activities on Guam; (B) the use of the property is consistent with the environmental condition of the property; (C) access is available to the United States to conduct any additional environmental remediation or monitoring that may be required; (D) the property is used only for a public purpose and can not be converted to any other use; and (E) to the extent that facilities on the property have been occupied and used by another Federal agency for a minimum of 2 years, that the transfer to the Government of Guam is subject to the terms and conditions for such use and occupancy.
"(3) All transfers of excess real property to the Government of Guam are subject to all otherwise applicable Federal laws, except
"(c)
"(1) The term 'Administrator' means—
"(A) the Administrator of General Services; or
"(B) the head of any Federal agency with the authority to dispose of excess real property on Guam.
"(2) The term 'base closure law' has the meaning given such term in
"(3) The term 'excess real property' means excess property (as that term is defined in section 3 of the Property Act [now
"(4) The term 'Guam National Wildlife Refuge' includes those lands within the refuge overlay under the jurisdiction of the Department of Defense, identified as DoD lands in figure 3, on page 74, and as submerged lands in figure 7, on page 78 of the 'Final Environmental Assessment for the Proposed Guam National Wildlife Refuge, Territory of Guam, July 1993' to the extent that the Federal Government holds title to such lands.
"(5) The term 'public purpose' means those public benefit purposes for which the United States may dispose of property pursuant to section 203 of the Property Act [now
"(d)
"(1) to real property on Guam that is declared excess by the Department of Defense for the purpose of transferring that property to the Coast Guard;
"(2) to real property on Guam that is located within the Guam National Wildlife Refuge, which shall be transferred according to the following procedure:
"(A) The Administrator shall notify the Government of Guam and the Fish and Wildlife Service that such property has been declared excess. The Government of Guam and the Fish and Wildlife Service shall have 180 days to engage in discussions toward an agreement providing for the future ownership and management of such real property.
"(B) If the parties reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section.
"(C) If the parties do not reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the Administrator shall provide a report to Congress on the status of the discussions, together with his recommendations on the likelihood of resolution of differences and the comments of the Fish and Wildlife Service and the Government of Guam. If the subject property is under the jurisdiction of a military department, the military department may transfer administrative control over the property to the General Services Administration subject to any terms and conditions applicable to such property. In the event of such a transfer by a military department to the General Services Administration, the Department of the Interior shall be responsible for all reasonable costs associated with the custody, accountability and control of such property until final disposition.
"(D) If the parties come to agreement prior to congressional action, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section.
"(E) Absent an agreement on the future ownership and use of the property, such property may not be transferred to another Federal agency or out of Federal ownership except pursuant to an Act of Congress specifically identifying such property;
"(3) to real property described in the Guam Excess Lands Act (
"(4) to real property on Guam that is declared excess as a result of a base closure law; or
"(5) to facilities on Guam declared excess by the managing Federal agency for the purpose of transferring the facility to a Federal agency that has occupied the facility for a minimum of 2 years when the facility is declared excess together with the minimum land or interest therein necessary to support the facility.
"(e)
"(f)
§522. Reimbursement for transfer of excess property
(a)
(b)
(1) net proceeds are requested under
(2) either the transferor or the transferee agency (or the organizational unit affected) is—
(A) subject to
(B) an organization specified in
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 522 | 40:483(a)(1) (last sentence). | June 30, 1949, ch. 288, title II, §202(a)(1) (last sentence), |
In subsection (a), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (b)(1), the reference to "section 204(b)" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 is translated as a reference to section 204(c) of the Act because subsection (b) was redesignated as (c) by the Act of August 31, 1954 (ch.1178,
In subsection (b)(2)(A), the words "
In subsection (c), the word "at" is substituted for "as" (in the phrase "as [sic] prices set by the Administrator") to reflect the probable intent of Congress. See Senate Report No. 2075, dated July 2, 1952 (United States Code Congressional and Administrative News, 82nd Congress, 2d Session, 1952, Volume 2, p. 2123).
Editorial Notes
Amendments
2006—Subsec. (a).
Subsec. (b).
§523. Excess real property located on Indian reservations
(a)
(b)
(1)
(2)
(A) is located within boundaries of former reservations in Oklahoma, as defined by the Secretary, and was held in trust by the Federal Government for an Indian tribe when the Government acquired it; or
(B) is contiguous to real property presently held in trust by the Government for an Oklahoma Indian tribe and was held in trust by the Government for an Indian tribe at any time.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 523 | 40:483(a)(2). | June 30, 1949, ch. 288, title II, §202(a)(2), as added |
§524. Duties of executive agencies
(a)
(1) maintain adequate inventory controls and accountability systems for property under its control;
(2) continuously survey property under its control to identify excess property;
(3) promptly report excess property to the Administrator of General Services;
(4) perform the care and handling of excess property;
(5) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator;
(6) develop current and future workforce projections so as to have the capacity to assess the needs of the Federal workforce regarding the use of real property;
(7) establish goals and policies that will lead the executive agency to reduce excess property and underutilized property in the inventory of the executive agency;
(8) submit to the Federal Real Property Council an annual report on all excess property that is real property and underutilized property in the inventory of the executive agency, including—
(A) whether underutilized property can be better utilized, including through collocation with other executive agencies or consolidation with other facilities; and
(B) the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency;
(9) adopt workplace practices, configurations, and management techniques that can achieve increased levels of productivity and decrease the need for real property assets;
(10) assess leased space to identify space that is not fully used or occupied;
(11) on an annual basis and subject to the guidance of the Federal Real Property Council—
(A) conduct an inventory of real property under control of the executive agency; and
(B) make an assessment of each property, which shall include—
(i) the age and condition of the property;
(ii) the size of the property in square footage and acreage;
(iii) the geographical location of the property, including an address and description;
(iv) the extent to which the property is being utilized;
(v) the actual annual operating costs associated with the property;
(vi) the total cost of capital expenditures incurred by the Federal Government associated with the property;
(vii) sustainability metrics associated with the property;
(viii) the number of Federal employees and contractor employees and functions housed at the property;
(ix) the extent to which the mission of the executive agency is dependent on the property;
(x) the estimated amount of capital expenditures projected to maintain and operate the property during the 5-year period beginning on the date of enactment of this paragraph; and
(xi) any additional information required by the Administrator of General Services to carry out section 623;
(12) provide to the Federal Real Property Council and the Administrator of General Services the information described in paragraph (11)(B) to be used for the establishment and maintenance of the database described in section 21 of the Federal Assets Sale and Transfer Act of 2016; and
(13) in accordance with guidance from the Administrator of General Services—
(A) on an annual basis, conduct an inventory and assessment of capitalized personal property to identify excess capitalized personal property under its control, including evaluating—
(i) the age and condition of the personal property;
(ii) the extent to which the executive agency utilizes the personal property;
(iii) the extent to which the mission of the executive agency is dependent on the personal property; and
(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate; and
(B) on a regular basis, conduct an inventory and assessment of accountable personal property under its control, including evaluating—
(i) the age and condition of the personal property;
(ii) the extent to which the executive agency utilizes the personal property;
(iii) the extent to which the mission of the executive agency is dependent on the personal property; and
(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate.
(b)
(1) reassign property to another activity within the agency when the property is no longer required for the purposes of the appropriation used to make the purchase;
(2) transfer excess property under its control to other federal agencies and to organizations specified in
(3) obtain excess property from other federal agencies.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 524(a) | 40:483(b). | June 30, 1949, ch. 288, title II, §202(b), |
| 524(b) | 40:483(c). | June 30, 1949, ch. 288, title II, §202(c), |
In clause (a)(2), the word "identify" is substituted for "determine which is" to eliminate unnecessary words.
In clause (b)(1), the words "determined to be" are omitted as unnecessary.
Editorial Notes
References in Text
The date of enactment of this paragraph, referred to in subsec. (a)(11)(B)(x), is the date of enactment of
Section 21 of the Federal Assets Sale and Transfer Act of 2016, referred to in subsec. (a)(12), is section 21 of
Amendments
2019—Subsec. (a)(13).
2016—Subsec. (a)(6) to (12).
Subsec. (c).
Statutory Notes and Related Subsidiaries
OMB Report
§525. Excess personal property for federal agency grantees
(a)
(b)
(1)
(A) the agency or organization is conducting a federally sponsored project pursuant to a grant made for a specific purpose with a specific termination provision;
(B) the property is to be furnished for use in connection with the grant; and
(C)(i) the sponsoring federal agency pays an amount equal to 25 percent of the original acquisition cost (except for costs of care and handling) of the excess property; and
(ii) the amount is deposited in the Treasury as miscellaneous receipts.
(2)
(c)
(1)
(2)
(A) a state 1 or county extension service engaged in cooperative agricultural extension work under the Smith-Lever Act (
(B) a state 1 experiment station engaged in cooperative agricultural research work under the Hatch Act of 1887 (
(C) an institution engaged in cooperative agricultural research or extension work under section 1433, 1434, 1444, or 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (
(d)
(1) property furnished under section 608 of the Foreign Assistance Act of 1961 (
(2) scientific equipment furnished under section 11(e) of the National Science Foundation Act of 1950 (
(3) property furnished under section 203 of the Department of Agriculture Organic Act of 1944 (
(4) property furnished in connection with a grant to a tribe, as defined in section 3(c) of the Indian Financing Act of 1974 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 525(a) | 40:483(d) (words before par. (1)). | June 30, 1949, ch. 288, title II, §202(d), as added |
| 525(b) | 40:483(d)(1). | |
| 525(c) | 40:483(d)(2)(E). | |
| 525(d) | 40:483(d)(2)(A)–(D). |
In subsection (b)(1), before cl. (A), the words "institution or" are omitted as unnecessary. In clause (A), the words "termination provision" are substituted for "termination made" for clarity.
In subsection (b)(2), the words "The grantee shall account for and dispose of" are substituted for "and shall be accounted for and disposed of" for clarity.
In subsections (c) and (d), the text of 40:483(d)(2) (last sentence) is omitted as unnecessary.
In subsection (c)(1), the words "Trust Territory of the Pacific Islands" are omitted and the words "the Federated States of Micronesia, the Marshall Islands, Palau" are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.
In subsection (d)(1), the words "to the extent" are substituted for "where and to the extent" to eliminate unnecessary words. The words "to be furnished under such Act" are omitted as unnecessary.
In subsection (d)(4), the words "Indian Financing Act of 1974" are substituted for "Indian Financing Act" in section 202(d)(2)(D) of the Federal Property and Administrative Services Act of 1949 to execute the probable intent of Congress. The word "tribe" is substituted for "Indian tribes" for consistency with 25:1452(c).
Editorial Notes
References in Text
The Smith-Lever Act, referred to in subsec. (c)(2)(A), is act May 8, 1914, ch. 79,
The Hatch Act of 1887, referred to in subsec. (c)(2)(B), is act Mar. 2, 1887, ch. 314,
Act of October 10, 1962 (
1 So in original. Probably should be capitalized.
§526. Temporary assignment of excess real property
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 526 | 40:483(g). | June 30, 1949, ch. 288, title II, §202(g), |
In subsection (a), the words "for use as office or storage space or for a related purpose" are substituted for "for office, storage, or related facilities" for clarity.
§527. Abandonment, destruction, or donation of property
The Administrator of General Services may authorize the abandonment or destruction of property, or the donation of property to a public body, if—
(1) the property has no commercial value; or
(2) the estimated cost of continued care and handling exceeds the estimated proceeds from sale.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 527 | 40:483(h). | June 30, 1949, ch. 288, title II, §202(h), |
§528. Utilization of excess furniture
A department or agency of the Federal Government may not use amounts provided by law to purchase furniture if the Administrator of General Services determines that requirements can reasonably be met by transferring excess furniture, including rehabilitated furniture, from other departments or agencies pursuant to this subtitle.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 528 | 40:483b. | Aug. 7, 1953, ch. 340, §1316, |
The words "Notwithstanding the provisions of any other law" are omitted as unnecessary. The words "may not use funds provided by law to purchase furniture" are substituted for "no funds shall be available in this or any other Act for the purchase of furniture" for clarity and to eliminate unnecessary words.
§529. Annual executive agency reports on excess personal property
(a)
(1) obtained as—
(A) excess property; or
(B) personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and
(2) furnished within the United States to a recipient other than a federal agency.
(b)
(1) the acquisition cost of the property;
(2) the recipient of the property; and
(3) other information the Administrator may require.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 529 | 40:483(e). | June 30, 1949, ch. 288, title II, §202(e), as added |
In subsection (a)(2), the words "in any manner whatsoever" are omitted as unnecessary.
In subsection (b), the words "set out the categories of equipment" are substituted for "showing . . . categories of equipment" to clarify the required form and content of the report. The words "The Administrator shall submit a report to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House of Representatives (or to the Clerk of the House if the House is not in session) summarizing and analyzing the reports of the executive agencies" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (