32 CFR 736.1 - General.

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§ 736.1 General.

Real and personal property under the jurisdiction of the Department of the Navy, exclusive of battleships, aircraft carriers, cruisers, destroyers, and submarines (referred to as warships in this part) and certain public domain lands and mineral interests, may be disposed of under the authority contained in the Federal Property and Administrative Services Act of 1949 ( 63 Stat. 377), as amended ( 40 U.S.C. 471), in this part referred to as the Federal Property Act. The Federal Property Act places the responsibility for the disposition of excess and surplus property located in the United States, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands with the Administrator of General Services, and for disposition of such property located in foreign areas, with the head of each executive agency. The Act of August 10, 1956 (70A Stat. 451; 10 U.S.C. 7304, 7305, 7307) and Executive Order 11765 of January 21, 1974, ( 39 FR 2577) provide authority for the disposal of warships as well as other vessels stricken from the Naval Vessel Register. The United States Maritime Commission, however, is authorized to dispose of surplus vessels, other than warships, or 1,500 gross tons or more which the Commission determines to be merchant vessels or capable of conversion to merchant use ( 40 U.S.C. 484(i)). Accordingly, in disposing of its property, the Department of the Navy is subject to applicable regulations of the Administrator of General Services and the Secretary of Defense, and, in regard to potential merchant vessels other than warships, to determinations of the United States Maritime Commission. In general, property of the Department of the Navy, which becomes excess to its needs, may not be disposed of to the general public until it has been determined to be surplus after screening such property with the other military departments of the Department of Defense and all other agencies of the Government, and after it has been offered for donation to educational institutions, and law enforcement and marine research activities.

(a) Within the limitations indicated in the introductory paragraph of this section, the Department of the Navy is authorized to sell its surplus personal property under the authority of the Federal Property Act and the Act of August 10, 1956 (70A Stat. 451; 10 U.S.C. 7305), and to report its real property, when excess to the needs of the Department of Defense, to the General Services Administration for ultimate disposition by that agency or the Department of the Navy. The Department of the Navy is also authorized to transfer real and personal property to other departments or agencies of the Government, and to sell, transfer and otherwise dispose of certain vessels and other personal property under special statutory authority. Ships other than warships are sold pursuant to the Federal Property Act ( 40 U.S.C. 484(i)) by the U.S. Maritime Commission if over 1500 gross tons and determined by the Maritime Commission to be merchant vessels or capable of conversion to merchant use. In certain cases, Navy vessels and other property may be transferred or otherwise made available to other agencies without reimbursement (sec. 616, 73 Stat. 381; 40 U.S.C. 483a).

(b) This part sets forth the general procedures and authority with respect to the disposition of property under the control of the Department of the Navy except disposition of property to foreign governments under the authority of such statutes as the Aid to American Republics Act ( 54 Stat. 396; 22 U.S.C. 521) and the Mutual Defense Assistance Control Act of 1951 ( 65 Stat. 644; 22 U.S.C. 1611- 1613c).

(c) The Department of Defense Material Disposition Manual and directives issued by the Department of the Navy cover the disposition of all property of the Department including disposition under the Federal Property Act. The Defense Material Disposition Manual is available on the internet at www.drms.dla.mil. Section XXIV of Navy Procurement Directives contains similar information applicable to the disposition of contractor inventory. These publications are available for inspection at the offices of the Commandants of the several Naval Districts; and at various Navy and Marine Corps installations.

[ 25 FR 4674, May 27, 1960, as amended at 39 FR 18442, May 28, 1974; 41 FR 26008, June 24, 1976; 65 FR 53590, Sept. 5, 2000]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 10 - ARMED FORCES

§ 2481 - Defense commissary and exchange systems: existence and purpose

§ 2541 - Establishment of loan guarantee program

§ 2542

§ 2571 - Interchange of supplies and services

§ 2572 - Documents, historical artifacts, and condemned or obsolete combat materiel: loan, gift, or exchange

§ 2573 - Repealed. Pub. L. 96–513, title V, § 511(83)(A), Dec. 12, 1980, 94 Stat. 2927]

§ 2574 - Armament: sale of individual pieces

§ 2576 - Surplus military equipment: sale to State and local law enforcement, firefighting, homeland security, and emergency management agencies

§ 2662 - Real property transactions: reports to congressional committees

§ 2667 - Leases: non-excess property of military departments and Defense Agencies

§ 5031 - Office of the Chief of Naval Operations: function; composition

§ 6011 - Navy Regulations

§ 6155 - Uniforms, accouterments, and equipment: sale at cost

§ 6156 - Uniform: sale to former members of the naval service

§ 6901 - Repealed. Pub. L. 88–647, title III, § 301(17), Oct. 13, 1964, 78 Stat. 1072]

§ 7227 - Foreign naval vessels and aircraft: supplies and services

§ 7228 - Merchant vessels: supplies

§ 7230 - Repealed. Pub. L. 103–160, div. A, title VIII, § 824(a)(4), Nov. 30, 1993, 107 Stat. 1707]

§ 7304 - Examination of vessels; striking of vessels from Naval Vessel Register

§ 7305 - Vessels stricken from Naval Vessel Register: sale

§ 7305a - Vessels stricken from Naval Vessel Register: contracts for dismantling on net-cost basis

§ 7306 - Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation

§ 7306a - Vessels stricken from Naval Vessel Register: use for experimental purposes

§ 7306b - Vessels stricken from Naval Vessel Register: transfer by gift or otherwise for use as artificial reefs

§ 7307 - Disposals to foreign nations

§ 7308 - Chief of Naval Operations: certification required for disposal of combatant vessels

§ 7541 - Obsolete and other material: gift or sale to Boy Scouts of America, Naval Sea Cadet Corps and Young Marines of the Marine Corps League

§ 7541a - Uniform clothing: sale to Naval Sea Cadet Corps

§ 7541b - Authority to make grants for purposes of Naval Sea Cadet Corps

§ 7542 - Excess clothing: sale for distribution to needy

§ 7543 - Useless ordnance material: disposition of proceeds on sale

§ 7544 - Devices and trophies: transfer to other agencies

§ 7545 - Obsolete material and articles of historical interest: loan or gift

§ 7546 - Loan or gift of articles to ships’ sponsors and donors

§ 7547 - Equipment for instruction in seamanship: loan to military schools

§ 7601 - Sales: members of the naval service and Coast Guard; widows and widowers; civilian employees and other persons

§ 7602 - Sales: members of Army and Air Force; prices

§ 7603 - Sales: veterans under treatment

§ 7604 - Ships’ stores: sale of goods and services

U.S. Code: Title 15 - COMMERCE AND TRADE
U.S. Code: Title 20 - EDUCATION
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 38 - VETERANS’ BENEFITS
U.S. Code: Title 41 - PUBLIC CONTRACTS
U.S. Code: Title 49 - TRANSPORTATION
Statutes at Large
Presidential Documents

Executive Order ... 10885

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