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39.002  Disposal of Federal Surplus Real Property
FEDERAL AGENCY:

GENERAL SERVICES ADMINISTRATION

AUTHORIZATION:

Federal Property and Administrative Services Act of 1949, Section 203, as amended, 63 Stat. 385, 40 U.S.C. 484; Surplus Property Act of 1944, Section 13(g), as amended, 50 U.S.C. 1622(g); Public Law 80-537, as amended, 62 Stat. 240, 16 U.S.C. 667b-d; Section 218, Public Law 91-646, 84 Stat. 1902, 42 U.S.C. 4638; Stewart B. McKinney Homeless Assistance Act of 1987, Title V, as amended, 42 U.S.C. 11411, Public Laws 100-77, 100-628, and 101-645.

OBJECTIVES:

To dispose of surplus real property by lease, permits, sale, exchange, or donation.

TYPES OF ASSISTANCE:

Sale, Exchange, or Donation of Property and Goods.

USES AND USE RESTRICTIONS:

Surplus real and related personal property may be conveyed for: public park or recreation use and public health or educational purposes at discounts up to 100 percent; public airport purposes, wildlife conservation, correctional facility, replacement housing and for historic monument purposes without monetary consideration; and for general public purposes without restrictions at a negotiated price of not less than the estimated fair market value of the property. Properties are made available for discount conveyance where the public purposes to be served reflect the highest and best use of the property. Properties determined suitable by the Department of Housing and Urban Development may be made available by permit, lease, or deed for homeless assistance use. Restrictions: Surplus real property conveyed for public park or recreation use, historic monument, public airport use, correctional facility use and wildlife conservation use must be used for the purposes so conveyed in perpetuity. Property conveyed for health (including homeless) or education use must be used for those purposes for a period of not less than 30 years. Properties made available for homeless use by lease or permit must be used for that purpose for a period of not less than one year, unless the provider requests a shorter term. Surplus real property which is not deeded to public bodies or made available for homeless purposes is generally offered for sale to the public on a competitive bid basis.

ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:   State and local government agencies are eligible to apply for surplus real property for park, recreation, correctional facility, historic monument, public airport, health, educational, homeless, replacement housing, and general public purposes. Eligibility for property for wildlife conservation use, other than for migratory birds, is limited to the States. Tax-supported and nonprofit medical and educational institutions which have been held exempt from taxation under 501(c) (3) of the Internal Revenue Code are also eligible to apply for property for health, educational and homeless use.

Beneficiary Eligibility:   General public may apply.

Credentials/Documentation:   The applicant must submit a proposed program of use of the property and evidence of its ability to finance the program.

APPLICATION AND AWARD PROCESS:

Preapplication Coordination:   Applicants for property coordinate with other Federal agencies as follows: health and homeless use-- Department of Health and Human Services; education--Department of Education; public airport purposes--Federal Aviation Administration; park or recreational and historic monument use--National Park Service, Department of the Interior; wildlife conservation--Fish and Wildlife Service, Department of the Interior; correctional facility use--Office of Justice Programs, Department of Justice; replacement housing--any Federal agency having a requirement for property involving housing for displaced persons in connection with a Federal or federally assisted project. This program is excluded from coverage under E.O. 12372.

Application Procedure:   Applications for health and homeless assistance use are submitted to the Department of Health and Human Services (HHS) which requests assignment of the property from GSA; applications for educational use are submitted to the Department of Education which requests assignment of the property from GSA; applications for park and recreation use are submitted to the National Park Service, Department of the Interior which requests assignment of the property from GSA, applications for correctional use are submitted to the Office of Justice Programs, Department of Justice. Applications for other uses are submitted to GSA, which then obtains the recommendation of the Federal agency which sponsors the use program.

Award Procedure:   When possible, awards are made through the participating agency. Other awards are made to State or local units of government by the Administrator of GSA.

Deadlines:   Advice of interest must be submitted within 20 days from date notice of availability of the property was released. Reasonable time thereafter is allowed for the filing of applications.

Range of Approval/Disapproval Time:   From 1 to 3 months.

Appeals:   None.

Renewals:   None.

ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:   Not applicable.

Length and Time Phasing of Assistance:   Not applicable.

POST ASSISTANCE REQUIREMENTS:

Reports:   The Federal agencies sponsoring the use programs are responsible for enforcing compliance with the restrictions, except that GSA is responsible for compliance with respect to conveyances for wildlife conservation and correctional facility use.

Audits:   The Federal agencies sponsoring the use program and GSA are responsible for audits.

Records:   Not applicable.

FINANCIAL INFORMATION:

Account Identification:   47-0533-0-1-804.

Obligations:   (Salaries and expenses) FY 99 $21,777,000; FY 00 est $25,795,000; and FY 01 est $27,160,000.

Range and Average of Financial Assistance:   Not applicable.

PROGAM ACCOMPLISHMENTS:

The Disposal Program was as follows: Actual for fiscal year 1999 sales, donations and other discounts - 242 properties having an actual value of $447.9 million; estimate for fiscal year 2000: Sales, donations and other discounts - 257 properties having an estimated value of $461.2 million; fiscal year 2001 estimates: Sales, donations, and other discounts - 271 properties having an estimated value of $493.6 million.

REGULATIONS, GUIDELINES, AND LITERATURE:

"Disposal of Surplus Real Property" - no charge; 41 CFR 101-47, Utilization and Disposal of Real Property, "U.S. Real Property Sales List," - no charge.

INFORMATION CONTACTS:

Regional or Local Office:   Director, Office of Property Disposal, General Services Administration. Applicant's initial contact should be at the regional level. See the Office of Property Disposal for each Region listed in Appendix IV of the Catalog.

Headquarters Office:   Assistant Commissioner, Office of Property Disposal, Public Building Service, General Services Administration, Washington, DC 20405. Telephone: (202) 501-0084.

Web Site Address:   http://propertydisposal.gsa.gov/property.

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