41 CFR Subpart C - Subpart C—Surplus Real Property Disposal
- § 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?
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Applicability of Antitrust Laws (§§ 102-75.270 - 102-75.285)
- § 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?
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Disposals Under Other Laws (§ 102-75.290)
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Credit Disposals (§ 102-75.295)
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Designation of Disposal Agencies (§§ 102-75.296 - 102-75.299)
- § 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?
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Appraisal (§§ 102-75.300 - 102-75.320)
- § 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?
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Submission of Offers To Purchase or Lease (§ 102-75.330)
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Provisions Relating to Asbestos (§ 102-75.335)
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Provisions Relating to Hazardous Substance Activity (§§ 102-75.340 - 102-75.345)
- § 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 conveyance document?
- § 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 activity?
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Public Benefit Conveyances (§§ 102-75.350 - 102-75.360)
- § 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?
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Power Transmission Lines (§§ 102-75.365 - 102-75.380)
- § 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 meet the requirements of a public or cooperative power project?
- § 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 requirements of a public or cooperative power project?
- § 102-75.380 May power transmission lines and rights-of-way be disposed of in other ways?
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Property for Public Airports (§§ 102-75.385 - 102-75.435)
- § 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)) given to eligible public agencies that there is surplus airport property?
- § 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?
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Property for Use as Historic Monuments (§§ 102-75.440 - 102-75.485)
- § 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 National Park Service (NPS) of the Department of the Interior (DOI)?
- § 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-producing activities?
- § 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?
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Property for Educational and Public Health Purposes (§§ 102-75.490 - 102-75.545)
- § 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 available for educational and public health purposes?
- § 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 health purposes?
- § 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 cause?
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Property for Providing Self-Help Housing or Housing Assistance (§§ 102-75.550 - 102-75.620)
- § 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 approval of an assignment recommendation from the Department of Housing and Urban Development (HUD)?
- § 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?
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Property for Use as Public Park or Recreation Areas (§§ 102-75.625 - 102-75.690)
- § 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 disposal, or for other cause?
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Property for Displaced Persons (§§ 102-75.695 - 102-75.745)
- § 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 Federal or Federally assisted projects?
- § 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 assisted projects?
- § 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 Federal or Federally assisted projects?
- § 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?
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Property for Correctional Facility, Law Enforcement, or Emergency Management Response Purposes (§§ 102-75.750 - 102-75.815)
- § 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 purposes?
- § 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 enforcement, or emergency management response purposes?
- § 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 use?
- § 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 purposes?
- § 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 response purposes?
- § 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 conveyance documents?
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Property for Port Facility Use (§§ 102-75.820 - 102-75.875)
- § 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?
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Negotiated Sales (§§ 102-75.880 - 102-75.900)
- § 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?
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Explanatory Statements for Negotiated Sales (§§ 102-75.905 - 102-75.930)
- § 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?
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Public Sales (§ 102-75.935)
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Granting Easements (§§ 102-75.939 - 102-75.943)
- § 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?
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Non-Federal Interim Use of Surplus Property (§ 102-75.944)