CFR

SUBPART C—Surplus Real Property Disposal (§102-75.250 to §102-75.944)

• 102-75.250—What general policy must the disposal agency follow concerning the disposal of surplus property?
• 102-75.255—What are disposal agencies' specific responsibilities concerning the disposal of surplus property?
• 102-75.260—When may the disposal agency dispose of surplus real property by exchange for privately owned property?
• 102-75.265—Are conveyance documents required to identify all agreements and representations concerning property restrictions and conditions?
• 102-75.270—Must antitrust laws be considered when disposing of property?
• 102-75.275—Who determines whether the proposed disposal would create or maintain a situation inconsistent with antitrust laws?
• 102-75.280—What information concerning a proposed disposal must a disposal agency provide to the Attorney General to determine the applicability of antitrust laws?
• 102-75.285—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?
• 102-75.290—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?
• 102-75.295—What is the policy on extending credit in connection with the disposal of surplus property?
• 102-75.296—When may a landholding agency other than GSA be the disposal agency for real and related personal property?
• 102-75.297—Are there any exceptions to when landholding agencies can serve as the disposal agency?
• 102-75.298—Can agencies request that GSA be the disposal agency for real property and real property interests described in § 102-75.296?
• 102-75.299—What are landholding agencies' responsibilities if GSA conducts the disposal?
• 102-75.300—Are appraisals required for all real property disposal transactions?
• 102-75.305—What type of appraisal value must be obtained for real property disposal transactions?
• 102-75.310—Who must agencies use to appraise the real property?
• 102-75.315—Are appraisers authorized to consider the effect of historic covenants on the fair market value?
• 102-75.320—Does appraisal information need to be kept confidential?
• 102-75.325—What responsibility does the landholding agency have to provide persons the opportunity to inspect available surplus property?
• 102-75.330—What form must all offers to purchase or lease be in?
• 102-75.335—Where asbestos is identified, what information must the disposal agency incorporate into the offer to purchase and the conveyance document?
• 102-75.340—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 con
• 102-75.345—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 acti
• 102-75.350—What are disposal agencies' responsibilities concerning public benefit conveyances?
• 102-75.351—May the disposal agency waive screening for public benefit conveyances?
• 102-75.355—What clause must be in the offer to purchase and the conveyance documents for public benefit conveyances?
• 102-75.360—What wording must be in the non-discrimination clause that is required in the offer to purchase and in the conveyance document?
• 102-75.365—Do disposal agencies have to notify State entities and Government agencies that a surplus power transmission line and right-of-way is available?
• 102-75.370—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
• 102-75.375—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 requirem
• 102-75.380—May power transmission lines and rights-of-way be disposed of in other ways?
• 102-75.385—Do disposal agencies have the responsibility to notify eligible public agencies that airport property has been determined to be surplus?
• 102-75.390—What does the term “surplus airport property” mean?
• 102-75.395—May surplus airport property be conveyed or disposed of to a State, political subdivision, municipality, or tax-supported institution for a public airport?
• 102-75.400—Is industrial property located on an airport also considered to be “airport property”?
• 102-75.405—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))
• 102-75.410—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?
• 102-75.415—What happens after the disposal agency receives the FAA's recommendation for disposal of the property for a public airport?
• 102-75.420—What happens if the FAA informs the disposal agency that it does not recommend disposal of the property for a public airport?
• 102-75.425—Who has sole responsibility for enforcing compliance with the terms and conditions of disposal for property disposed of for use as a public airport?
• 102-75.430—What happens if property conveyed for use as a public airport is revested in the United States?
• 102-75.435—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?
• 102-75.440—Who must disposal agencies notify that surplus property is available for historic monument use?
• 102-75.445—Who can convey surplus real and related personal property for historic monument use?
• 102-75.450—What type of property is suitable or desirable for use as a historic monument?
• 102-75.455—May historic monuments be used for revenue-producing activities?
• 102-75.460—What information must disposal agencies furnish eligible public agencies?
• 102-75.465—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 Nationa
• 102-75.470—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?
• 102-75.475—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-prod
• 102-75.480—Who has the responsibility for enforcing compliance with the terms and conditions of disposal for surplus property conveyed for use as a historic monument?
• 102-75.485—What happens if property that was conveyed for use as a historic monument is revested in the United States?
• 102-75.490—Who must notify eligible public agencies that surplus real property for educational and public health purposes is available?
• 102-75.495—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 a
• 102-75.500—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?
• 102-75.505—Is the request for educational or public health use of a property by an eligible nonprofit institution contingent upon the disposal agency's approval?
• 102-75.510—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?
• 102-75.515—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?
• 102-75.520—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?
• 102-75.525—What responsibilities do landholding agencies have concerning properties to be used for educational and public health purposes?
• 102-75.530—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
• 102-75.535—What responsibilities does the Department of Education or the Department of Health and Human Services have after receiving the disposal agency's assignment letter?
• 102-75.540—Who is responsible for enforcing compliance with the terms and conditions of the transfer for educational or public health purposes?
• 102-75.545—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
• 102-75.550—What does “self-help housing or housing assistance” mean?
• 102-75.555—Which Federal agency receives the property assigned for self-help housing or housing assistance for low-income individuals or families?
• 102-75.560—Who notifies eligible public agencies that real property to be used for self-help housing or housing assistance purposes is available?
• 102-75.565—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 appro
• 102-75.570—What happens if the disposal agency does not approve the assignment recommendation?
• 102-75.575—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?
• 102-75.580—When must HUD notify the disposal agency that an eligible applicant is interested in acquiring the property?
• 102-75.585—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?
• 102-75.590—What does the assignment recommendation contain?
• 102-75.595—What responsibilities do landholding agencies have concerning properties to be used for self-help housing or housing assistance use?
• 102-75.600—What happens if HUD does not approve any applications for self-help housing or housing assistance use?
• 102-75.605—What responsibilities does HUD have after receiving the disposal agency's assignment letter?
• 102-75.610—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?
• 102-75.615—Who is responsible for enforcing compliance with the terms and conditions of property transferred under section 414(a) of the 1969 HUD Act?
• 102-75.620—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?
• 102-75.625—Which Federal agency is assigned surplus real property for public park or recreation purposes?
• 102-75.630—Who must disposal agencies notify that real property for public park or recreation purposes is available?
• 102-75.635—What information must the Department of the Interior (DOI) furnish eligible public agencies?
• 102-75.640—When must DOI notify the disposal agency that an eligible applicant is interested in acquiring the property?
• 102-75.645—What responsibilities do landholding agencies have concerning properties to be used for public park or recreation purposes?
• 102-75.650—When must DOI request assignment of the property?
• 102-75.655—What does the assignment recommendation contain?
• 102-75.660—What happens if DOI does not approve any applications or does not submit an assignment recommendation?
• 102-75.665—What happens after the disposal agency receives the assignment recommendation from DOI?
• 102-75.670—What responsibilities does DOI have after receiving the disposal agency's assignment letter?
• 102-75.675—What responsibilities does the grantee or recipient of the property have in accomplishing or completing the transfer?
• 102-75.680—What information must be included in the deed of conveyance of any surplus property transferred for public park or recreation purposes?
• 102-75.685—Who is responsible for enforcing compliance with the terms and conditions of the transfer of property used for public park or recreation purposes?
• 102-75.690—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
• 102-75.695—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?
• 102-75.700—Which Federal agencies may solicit applications from eligible State agencies interested in acquiring the property to provide replacement housing for persons being displaced by Federa
• 102-75.705—When must the Federal agency notify the disposal agency that an eligible State agency is interested in acquiring the property under section 218?
• 102-75.710—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
• 102-75.715—When can a Federal agency request transfer of the property to the selected State agency?
• 102-75.720—Is there a specific or preferred format for the transfer request and who should receive it?
• 102-75.725—What does the transfer request contain?
• 102-75.730—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 Federa
• 102-75.735—What happens after the disposal agency receives the transfer request from the Federal agency?
• 102-75.740—Does the State agency have any responsibilities in helping to accomplish the transfer of the property?
• 102-75.745—What happens if the property transfer request is not approved by the disposal agency?
• 102-75.750—Who is eligible to receive surplus real and related personal property for correctional facility, law enforcement, or emergency management response purposes?
• 102-75.755—Which Federal agencies must the disposal agency notify concerning the availability of surplus properties for correctional facility, law enforcement, or emergency management response
• 102-75.760—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 enforce
• 102-75.765—What does the term “law enforcement” mean?
• 102-75.770—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 us
• 102-75.775—Is the disposal agency required to approve a determination by FEMA that identifies surplus property for emergency management response use?
• 102-75.780—When must DOJ or FEMA notify the disposal agency that an eligible applicant is interested in acquiring the property?
• 102-75.785—What specifically must DOJ or FEMA address in the assignment request or recommendation that is submitted to the disposal agency?
• 102-75.790—What responsibilities do landholding agencies and disposal agencies have concerning properties to be used for correctional facility, law enforcement, or emergency management response
• 102-75.795—What happens after the disposal agency receives the assignment request by DOJ or FEMA?
• 102-75.800—What information must be included in the deed of conveyance?
• 102-75.805—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 res
• 102-75.810—What responsibilities do OJP or FEMA have if they discover any information indicating a change in use of a transferred property?
• 102-75.815—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 conveyan
• 102-75.820—Which Federal agency is eligible to receive surplus real and related personal property for the development or operation of a port facility?
• 102-75.825—Who must the disposal agency notify when surplus real and related personal property is available for port facility use?
• 102-75.830—What does the surplus notice contain?
• 102-75.835—When must DOT notify the disposal agency that an eligible applicant is interested in acquiring the property?
• 102-75.840—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?
• 102-75.845—What must DOT address in the assignment recommendation submitted to the disposal agency?
• 102-75.850—What responsibilities do landholding agencies have concerning properties to be used in the development or operation of a port facility?
• 102-75.855—What happens if DOT does not submit an assignment recommendation?
• 102-75.860—What happens after the disposal agency receives the assignment recommendation from DOT?
• 102-75.865—What responsibilities does DOT have after receiving the disposal agency's assignment letter?
• 102-75.870—Who is responsible for enforcing compliance with the terms and conditions of the port facility conveyance?
• 102-75.875—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?
• 102-75.880—When may Executive agencies conduct negotiated sales?
• 102-75.885—What are the disposal agency's responsibilities concerning negotiated sales?
• 102-75.890—What clause must be in the offer to purchase and conveyance documents for negotiated sales to public agencies?
• 102-75.895—What wording must generally be in the excess profits clause that is required in the offer to purchase and in the conveyance document?
• 102-75.900—What is a negotiated sale for economic development purposes?
• 102-75.905—When must the disposal agency prepare an explanatory statement?
• 102-75.910—Are there any exceptions to this policy of preparing explanatory statements?
• 102-75.915—Do disposal agencies need to retain a copy of the explanatory statement?
• 102-75.920—Where is the explanatory statement sent?
• 102-75.925—Is GSA required to furnish the disposal agency with the explanatory statement's transmittal letter sent to Congress?
• 102-75.930—What happens if there is no objection by an appropriate committee or subcommittee of Congress concerning the proposed negotiated sale?
• 102-75.935—What are disposal agencies' responsibilities concerning public sales?
• 102-75.936—When can an agency dispose of an easement?
• 102-75.937—Can an easement be released or disposed of at no cost?
• 102-75.938—May the easement and the land that benefited from the easement (dominant estate) be disposed of separately?
• 102-75.939—When can agencies grant easements?
• 102-75.940—Can agencies grant easements at no cost?
• 102-75.941—Does an agency retain responsibility for the easement?
• 102-75.942—What must agencies consider when granting easements?
• 102-75.943—What happens if granting an easement will reduce the value of the property?
• 102-75.944—Can landholding agencies outlease surplus real property for non-Federal interim use?