Code of Federal Regulations (alpha)

CFR /  Title 41  /  Part 102-75: Real Property Disposal

Section No. Description
Section 102-75.5 What basic real property disposal policy governs disposal agencies?
Section 102-75.10 What real property disposal services must agencies provide under a delegation of authority from GSA?
Section 102-75.15 How can Federal agencies with independent disposal authority obtain related disposal services?
Section 102-75.20 What are landholding agencies' responsibilities concerning the utilization of excess property?
Section 102-75.25 What are disposal agencies' responsibilities concerning the utilization of excess property?
Section 102-75.30 What are the standards that each Executive agency must use to identify unneeded Federal real property?
Section 102-75.40 What does the term ``Not utilized'' mean?
Section 102-75.45 What does the term ``Underutilized'' mean?
Section 102-75.50 What does the term ``Not being put to optimum use '' mean?
Section 102-75.55 What are landholding agencies' responsibilities concerning real property surveys?
Section 102-75.60 Why is it important for Executive agencies to notify the disposal agency of its real property needs?
Section 102-75.65 Are there any exceptions to this notification policy?
Section 102-75.70 What is the most important consideration in evaluating a proposed transfer of excess real property?
Section 102-75.75 What are an Executive agency's responsibilities before requesting a transfer of excess real property?
Section 102-75.80 Can disposal agencies transfer excess real property to agencies for programs that appear to be scheduled for substantial
Section 102-75.85 How is excess real property needed for office, storage, and related purposes normally transferred to the requesting
Section 102-75.90 Can Federal agencies that normally do not require real property (other than for office, storage, and related purposes) or that
Section 102-75.95 When an agency holds land withdrawn or reserved from the public domain and determines that it no longer needs this land,
Section 102-75.100 What responsibility does the Department of the Interior have if it determines that minerals in the land are
Section 102-75.105 Can transfers of real property be made under authority of laws other than those codified in Title 40 of the United States Code?
Section 102-75.110 Must reports of excess real property and related personal property be prepared on specific forms?
Section 102-75.115 Is there any other information that needs to accompany (or be submitted with) the Report of Excess Real Property
Section 102-75.120 What information must agencies include in the title report?
Section 102-75.125 If hazardous substance activity took place on the property, what specific information must an agency include in the
Section 102-75.130 If no hazardous substance activity took place on the property, what specific information must an agency include in the
Section 102-75.135 In addition to the title report, and all necessary environmental information and certifications, what information must
Section 102-75.140 Is GSA required to review each report of excess?
Section 102-75.145 What happens when GSA determines that the report of excess is adequate?
Section 102-75.150 What happens if GSA determines that the report of excess is insufficient?
Section 102-75.155 Should prefabricated movable structures be designated real or personal property for disposition purposes?
Section 102-75.160 Should related personal property be designated real or personal property for disposition purposes?
Section 102-75.165 What happens to the related personal property in a structure scheduled for demolition?
Section 102-75.170 What are GSA's responsibilities regarding transfer requests?
Section 102-75.175 May landholding agencies transfer excess real property without notifying GSA?
Section 102-75.180 In those instances where landholding agencies may transfer excess real property without notifying GSA, which policies
Section 102-75.185 What amount must the transferee agency pay for the transfer of excess real property?
Section 102-75.190 If the transferor agency is a wholly owned Government corporation, what amount must the transferee agency pay?
Section 102-75.195 What amount must the transferee agency pay if property is being transferred for the purpose of upgrading the transferee
Section 102-75.200 Are transfers ever made without reimbursement by the transferee agency?
Section 102-75.205 What must a transferee agency include in its request for an exception from the 100 percent reimbursement requirement?
Section 102-75.210 Who must endorse requests for exception to the 100 percent reimbursement requirement?
Section 102-75.215 Where should an agency send a request for exception to the 100 percent reimbursement requirement?
Section 102-75.220 Who must review and approve a request for exception from the 100 percent reimbursement requirement?
Section 102-75.225 Who is responsible for property protection and maintenance costs while the request for exception is being reviewed?
Section 102-75.230 May disposal agencies transfer excess property to the Senate, the House of Representatives, and the Architect of the
Section 102-75.235 May excess real property be temporarily assigned/ reassigned?
Section 102-75.240 When can landholding agencies grant rights for non-Federal interim use of excess property reported to GSA?
Section 102-75.245 What general policy must the disposal agency follow concerning the disposal of surplus property?
Section 102-75.250 What are disposal agencies' specific responsibilities concerning the disposal of surplus property?
Section 102-75.255 When may the disposal agency dispose of surplus real property by exchange for privately owned property?
Section 102-75.260 Are conveyance documents required to identify all agreements and representations concerning property restrictions
Section 102-75.265 Must antitrust laws be considered when disposing of property?
Section 102-75.270 Who determines whether the proposed disposal would create or maintain a situation inconsistent with antitrust
Section 102-75.275 What information concerning a proposed disposal must a disposal agency provide to the Attorney General to determine
Section 102-75.280 Can a disposal agency dispose of real property to a private interest specified in Sec
Section 102-75.285 Can disposals of real property be made under authority of laws other than Chapter 5 of Subtitle I of Title 40 of the
Section 102-75.290 What is the policy on extending credit in connection with the disposal of surplus property?
Section 102-75.295 When may a landholding agency other than GSA be the disposal agency for real and related personal property?
Section 102-75.296 Are there any exceptions to when landholding agencies can serve as the disposal agency?
Section 102-75.297 Can agencies request that GSA be the disposal agency for real property and real property interests described in Sec
Section 102-75.298 What are landholding agencies' responsibilities if GSA conducts the disposal?
Section 102-75.299 Are appraisals required for all real property disposal transactions?
Section 102-75.300 What type of appraisal value must be obtained for real property disposal transactions?
Section 102-75.305 Who must agencies use to appraise the real property?
Section 102-75.310 Are appraisers authorized to consider the effect of historic covenants on the fair market value?
Section 102-75.315 Does appraisal information need to be kept confidential?
Section 102-75.320 What responsibility does the landholding agency have to provide persons the opportunity to inspect available surplus
Section 102-75.325 What form must all offers to purchase or lease be in?
Section 102-75.330 Where asbestos is identified, what information must the disposal agency incorporate into the offer to purchase and the
Section 102-75.335 Where hazardous substance activity has been identified on property proposed for disposal, what information must the disposal
Section 102-75.340 What is different about the statements in the offer to purchase and conveyance document if the sale is to a potentially
Section 102-75.345 What are disposal agencies' responsibilities concerning public benefit conveyances?
Section 102-75.350 May the disposal agency waive screening for public benefit conveyances?
Section 102-75.351 What clause must be in the offer to purchase and the conveyance documents for public benefit conveyances?
Section 102-75.355 What wording must be in the non-discrimination clause that is required in the offer to purchase and in the
Section 102-75.360 Do disposal agencies have to notify State entities and Government agencies that a surplus power transmission line and
Section 102-75.365 May a State, or any political subdivision thereof, certify to a disposal agency that it needs a surplus power transmission
Section 102-75.370 What happens once a State, or political subdivision, certifies that it needs a surplus power transmission line and the right
Section 102-75.375 May power transmission lines and rights-of-way be disposed of in other ways?
Section 102-75.380 Do disposal agencies have the responsibility to notify eligible public agencies that airport property has been determined to
Section 102-75.385 What does the term ``surplus airport property'' mean?
Section 102-75.390 May surplus airport property be conveyed or disposed of to a State, political subdivision, municipality, or tax-supported
Section 102-75.395 Is industrial property located on an airport also considered to be ``airport property''?
Section 102-75.400 What responsibilities does the Federal Aviation Administration (FAA) have after receiving a copy of the notice
Section 102-75.405 What action must the disposal agency take after an eligible public agency has submitted a plan of use and application
Section 102-75.410 What happens after the disposal agency receives the FAA's recommendation for disposal of the property for a public airport?
Section 102-75.415 What happens if the FAA informs the disposal agency that it does not recommend disposal of the property for a public
Section 102-75.420 Who has sole responsibility for enforcing compliance with the terms and conditions of disposal for property disposed of
Section 102-75.425 What happens if property conveyed for use as a public airport is revested in the United States?
Section 102-75.430 Does the Airport and Airway Development Act of 1970, as amended (Airport Act of 1970), apply to the transfer of airports
Section 102-75.435 Who must disposal agencies notify that surplus property is available for historic monument use?
Section 102-75.440 Who can convey surplus real and related personal property for historic monument use?
Section 102-75.445 What type of property is suitable or desirable for use as a historic monument?
Section 102-75.450 May historic monuments be used for revenue-producing activities?
Section 102-75.455 What information must disposal agencies furnish eligible public agencies?
Section 102-75.460 What information must eligible public agencies interested in acquiring real property for use as a historic monument
Section 102-75.465 What action must NPS take after an eligible public agency has submitted an application for conveyance of surplus property
Section 102-75.470 What happens after the disposal agency receives the Secretary of the Interior's determination for disposal of the surplus
Section 102-75.475 Who has the responsibility for enforcing compliance with the terms and conditions of disposal for surplus property conveyed
Section 102-75.480 What happens if property that was conveyed for use as a historic monument is revested in the United States?
Section 102-75.485 Who must notify eligible public agencies that surplus real property for educational and public health purposes is available?
Section 102-75.490 May the Department of Education (ED) or the Department of Health and Human Services (HHS) notify nonprofit
Section 102-75.495 Which Federal agencies may the head of the disposal agency (or his or her designee) assign for disposal surplus real
Section 102-75.500 Is the request for educational or public health use of a property by an eligible nonprofit institution contingent
Section 102-75.505 When must the Department of Education and the Department of Health and Human Services notify the disposal
Section 102-75.510 What action must the disposal agency take after an eligible public agency has submitted a plan of use for property
Section 102-75.515 What must the Department of Education or the Department of Health and Human Services address in the assignment
Section 102-75.520 What responsibilities do landholding agencies have concerning properties to be used for educational and public health
Section 102-75.525 What happens if the Department of Education or the Department of Health and Human Services does not approve any
Section 102-75.530 What responsibilities does the Department of Education or the Department of Health and Human Services have after receiving the
Section 102-75.535 Who is responsible for enforcing compliance with the terms and conditions of the transfer for educational or public health
Section 102-75.540 What happens if property that was transferred to meet an educational or public health requirement is revested in the
Section 102-75.545 What does ``self-help housing or housing assistance '' mean?
Section 102-75.550 Which Federal agency receives the property assigned for self-help housing or housing assistance for low-income individuals
Section 102-75.555 Who notifies eligible public agencies that real property to be used for self-help housing or housing assistance
Section 102-75.560 Is the requirement for self-help housing or housing assistance use of the property by an eligible public agency or non-
Section 102-75.565 What happens if the disposal agency does not approve the assignment recommendation?
Section 102-75.570 Who notifies non-profit organizations that surplus real property and related personal property to be used for self-help
Section 102-75.575 When must HUD notify the disposal agency that an eligible applicant is interested in acquiring the property?
Section 102-75.580 What action must the disposal agency take after an eligible public agency has submitted a plan of use for property
Section 102-75.585 What does the assignment recommendation contain?
Section 102-75.590 What responsibilities do landholding agencies have concerning properties to be used for self-help housing or housing
Section 102-75.595 What happens if HUD does not approve any applications for self-help housing or housing assistance use?
Section 102-75.600 What responsibilities does HUD have after receiving the disposal agency's assignment letter?
Section 102-75.605 Who is responsible for enforcing compliance with the terms and conditions of the transfer of the property for self-help
Section 102-75.610 Who is responsible for enforcing compliance with the terms and conditions of property transferred under section 414(a)
Section 102-75.615 What happens if property that was transferred to meet a self-help housing or housing assistance use requirement is found
Section 102-75.620 Which Federal agency is assigned surplus real property for public park or recreation purposes?
Section 102-75.625 Who must disposal agencies notify that real property for public park or recreation purposes is available?
Section 102-75.630 What information must the Department of the Interior (DOI) furnish eligible public agencies?
Section 102-75.635 When must DOI notify the disposal agency that an eligible applicant is interested in acquiring the property?
Section 102-75.640 What responsibilities do landholding agencies have concerning properties to be used for public park or recreation purposes?
Section 102-75.645 When must DOI request assignment of the property?
Section 102-75.650 What does the assignment recommendation contain?
Section 102-75.655 What happens if DOI does not approve any applications or does not submit an assignment recommendation?
Section 102-75.660 What happens after the disposal agency receives the assignment recommendation from DOI?
Section 102-75.665 What responsibilities does DOI have after receiving the disposal agency's assignment letter?
Section 102-75.670 What responsibilities does the grantee or recipient of the property have in accomplishing or completing the transfer?
Section 102-75.675 What information must be included in the deed of conveyance of any surplus property transferred for public park
Section 102-75.680 Who is responsible for enforcing compliance with the terms and conditions of the transfer of property used for public park
Section 102-75.685 What happens if property that was transferred for use as a public park or recreation area is revested in the United
Section 102-75.690 Who can receive surplus real property for the purpose of providing replacement housing for persons who are to be displaced
Section 102-75.695 Which Federal agencies may solicit applications from eligible State agencies interested in acquiring the property to provide
Section 102-75.700 When must the Federal agency notify the disposal agency that an eligible State agency is interested in acquiring
Section 102-75.705 What responsibilities do landholding and disposal agencies have concerning properties used for providing replacement
Section 102-75.710 When can a Federal agency request transfer of the property to the selected State agency?
Section 102-75.715 Is there a specific or preferred format for the transfer request and who should receive it?
Section 102-75.720 What does the transfer request contain?
Section 102-75.725 What happens if a Federal agency does not submit a transfer request to the disposal agency for property to be used for
Section 102-75.730 What happens after the disposal agency receives
Section 102-75.735 Does the State agency have any responsibilities in helping to accomplish the transfer of the property?
Section 102-75.740 What happens if the property transfer request is not approved by the disposal agency?
Section 102-75.745 Who is eligible to receive surplus real and related personal property for correctional facility, law enforcement,
Section 102-75.750 Which Federal agencies must the disposal agency notify concerning the availability of surplus properties for
Section 102-75.755 Who must the Office of Justice Programs (OJP) and the Federal Emergency Management Agency (FEMA) notify that surplus
Section 102-75.760 What does the term ``law enforcement'' mean?
Section 102-75.765 Is the disposal agency required to approve a determination by the Department of Justice (DOJ) that identifies
Section 102-75.770 Is the disposal agency required to approve a determination by FEMA that identifies surplus property for emergency
Section 102-75.775 When must DOJ or FEMA notify the disposal agency that an eligible applicant is interested in acquiring the property?
Section 102-75.780 What specifically must DOJ or FEMA address in the assignment request or recommendation that is submitted to the
Section 102-75.785 What responsibilities do landholding agencies and disposal agencies have concerning properties to be used for
Section 102-75.790 What happens after the disposal agency receives the assignment request by DOJ or FEMA?
Section 102-75.795 What information must be included in the deed of conveyance?
Section 102-75.800 Who is responsible for enforcing compliance with the terms and conditions of the transfer of the property used for
Section 102-75.805 What responsibilities do OJP or FEMA have if they discover any information indicating a change in use of a transferred
Section 102-75.810 What happens if property conveyed for correctional facility, law enforcement, or emergency management response purposes
Section 102-75.815 Which Federal agency is eligible to receive surplus real and related personal property for the development or operation
Section 102-75.820 Who must the disposal agency notify when surplus real and related personal property is available for port facility use?
Section 102-75.825 What does the surplus notice contain?
Section 102-75.830 When must DOT notify the disposal agency that an eligible applicant is interested in acquiring the property?
Section 102-75.835 What action must the disposal agency take after an eligible public agency has submitted a plan of use for and an
Section 102-75.840 What must DOT address in the assignment recommendation submitted to the disposal agency?
Section 102-75.845 What responsibilities do landholding agencies have concerning properties to be used in the development or operation
Section 102-75.850 What happens if DOT does not submit an assignment recommendation?
Section 102-75.855 What happens after the disposal agency receives the assignment recommendation from DOT?
Section 102-75.860 What responsibilities does DOT have after receiving the disposal agency's assignment letter?
Section 102-75.865 Who is responsible for enforcing compliance with the terms and conditions of the port facility conveyance?
Section 102-75.870 What happens in the case of repossession by the United States under a reversion of title for noncompliance with
Section 102-75.875 When may Executive agencies conduct negotiated sales?
Section 102-75.880 What are the disposal agency's responsibilities concerning negotiated sales?
Section 102-75.885 What clause must be in the offer to purchase and conveyance documents for negotiated sales to public agencies?
Section 102-75.890 What wording must generally be in the excess profits clause that is required in the offer to purchase and in the conveyance
Section 102-75.895 What is a negotiated sale for economic development purposes?
Section 102-75.900 When must the disposal agency prepare an explanatory statement?
Section 102-75.905 Are there any exceptions to this policy of preparing explanatory statements?
Section 102-75.910 Do disposal agencies need to retain a copy of the explanatory statement?
Section 102-75.915 Where is the explanatory statement sent?
Section 102-75.920 Is GSA required to furnish the disposal agency with the explanatory statement's transmittal letter sent to Congress?
Section 102-75.925 What happens if there is no objection by an appropriate committee or subcommittee of Congress concerning
Section 102-75.930 What are disposal agencies' responsibilities concerning public sales?
Section 102-75.935 When can an agency dispose of an easement?
Section 102-75.936 Can an easement be released or disposed of at no cost?
Section 102-75.937 May the easement and the land that benefited from the easement (dominant estate) be disposed of separately?
Section 102-75.938 When can agencies grant easements?
Section 102-75.939 Can agencies grant easements at no cost?
Section 102-75.940 Does an agency retain responsibility for the easement?
Section 102-75.941 What must agencies consider when granting easements?
Section 102-75.942 What happens if granting an easement will reduce the value of the property?
Section 102-75.943 Can landholding agencies outlease surplus real property for non-Federal interim use?
Section 102-75.944 What is GSA's policy concerning the physical care, handling, protection, and maintenance of excess and surplus real
Section 102-75.945 Who has the responsibility for paying property-related obligations pending transfer or disposal of the property?
Section 102-75.950 Who is responsible for decontaminating excess and surplus real property?
Section 102-75.955 May landholding agencies make improvements or alterations to excess or surplus property in those cases where
Section 102-75.960 Who must perform the protection and maintenance of excess and surplus real property pending transfer to another Federal
Section 102-75.965 How long is the landholding agency responsible for the expense of protection and maintenance of excess and surplus real
Section 102-75.970 What happens if the property is not conveyed or disposed of during this time frame?
Section 102-75.975 Who is responsible for protection and maintenance expenses if there is no written agreement or no Congressional
Section 102-75.980 Is the landholding agency required to assist the disposal agency in the disposition process?
Section 102-75.985 May Federal agencies abandon, destroy, or donate to public bodies real property?
Section 102-75.990 May Federal agencies dispose of dangerous property?
Section 102-75.995 How is the decision made to abandon, destroy, or donate property?
Section 102-75.1000 Who can make the determination within the Federal agency on whether a property can be abandoned, destroyed, or donated?
Section 102-75.1005 When is a reviewing authority required to approve the determination concerning a property that is to be abandoned,
Section 102-75.1010 Are there any restrictions on Federal agencies concerning property donations to public bodies?
Section 102-75.1015 Are public bodies ever required to pay the disposal costs associated with donated property?
Section 102-75.1020 When can a Federal agency abandon or destroy improvements on land or related personal property in lieu of donating
Section 102-75.1025 May Federal agencies abandon or destroy property in any manner they decide?
Section 102-75.1030 Are there any restrictions on Federal agencies concerning the abandonment or destruction of improvements on land
Section 102-75.1035 May Federal agencies abandon or destroy improvements on land or related personal property before public notice is given of
Section 102-75.1040 Are there exceptions to the policy that requires public notice be given before Federal agencies abandon or destroy improvements
Section 102-75.1045 Is there any property for which this subpart does not apply?
Section 102-75.1050 What is the policy governing delegations of real property disposal authority to the Secretary of Defense?
Section 102-75.1055 What must the Secretary of Defense do before determining that DoD-controlled excess real property and related
Section 102-75.1060 When using a delegation of real property disposal authority under this subpart, is DoD required to report excess
Section 102-75.1065 Can this delegation of authority to the Secretary of Defense be redelegated?
Section 102-75.1070 What is the policy governing delegations of real property disposal authority to the Secretary of Agriculture?
Section 102-75.1075 What must the Secretary of Agriculture do before determining that USDA-controlled excess real property and related
Section 102-75.1080 When using a delegation of real property disposal authority under this subpart, is USDA required to report excess
Section 102-75.1085 Can this delegation of authority to the Secretary of Agriculture be redelegated?
Section 102-75.1090 What is the policy governing delegations of authority to the Secretary of the Interior?
Section 102-75.1095 Can this delegation of authority to the Secretary of the Interior be redelegated?
Section 102-75.1100 What other responsibilities does the Secretary of the Interior have under this delegation of
Section 102-75.1105 What is the policy governing delegations of authority to the Secretary of the Interior, the Secretary of Health and
Section 102-75.1110 Are there any limitations or restrictions on this delegation of authority?
Section 102-75.1115 Does the property have to be Federally screened?
Section 102-75.1120 Can the transfer/retransfer under this delegation be at no cost or without consideration?
Section 102-75.1125 What action must the Secretary requesting the transfer take where funds were not programmed and appropriated
Section 102-75.1130 May this delegation of authority to the Secretary of the Interior, the Secretary of Health and Human Services, and the
Section 102-75.1135 What is the policy governing the acceptance or rejection of a conditional gift of real property for a particular
Section 102-75.1140 What action must the Federal agency receiving an offer of a conditional gift take?
Section 102-75.1145 What happens to the gift if GSA determines it to be acceptable?
Section 102-75.1150 May an acceptable gift of property be converted to money?
Section 102-75.1155 What definitions apply to this subpart?
Section 102-75.1160 What is the applicability of this subpart?
Section 102-75.1165 How will information be collected?
Section 102-75.1170 Who issues the suitability determination?
Section 102-75.1175 For the purposes of this subpart, what is the policy concerning real property reported excess to GSA?
Section 102-75.1180 What are suitability criteria?
Section 102-75.1185 What is the policy concerning determination of availability statements?
Section 102-75.1190 What is the policy concerning making public the notice of determination?
Section 102-75.1195 How may representatives of the homeless apply for the use of properties to assist the homeless?
Section 102-75.1200 What action must be taken on approved applications?
Section 102-75.1205 What action must be taken on properties determined unsuitable for homeless assistance?
Section 102-75.1210 What action must be taken if there is no expression of interest?
Section 102-75.1215 How do landholding agencies find out if excess Federal real property is available?
Section 102-75.1220 What details are provided in the ``Notice of Availability''?
Section 102-75.1225 How long does an agency have to indicate its interest in the property?
Section 102-75.1230 Where should an agency send its written response to the ``Notice of Availability''?
Section 102-75.1235 Who, from the interested landholding agency, should submit the written response to GSA's ``Notice of Availability''?
Section 102-75.1240 What happens after the landholding agency properly responds to a
Section 102-75.1245 What if the agency is not quite sure it wants the property and needs more time to decide?
Section 102-75.1250 What happens when more than one agency has a valid interest in the property?
Section 102-75.1255 Does GSA conduct Federal screening on every property reported as excess real property?
Section 102-75.1260 Are extensions granted to the Federal screening and response timeframes?
Section 102-75.1265 How does an agency request a transfer of Federal real property?
Section 102-75.1270 Does a requesting agency have to pay for excess real property?
Section 102-75.1275 What happens if the property has already been declared surplus and an agency discovers a need for it?
Section 102-75.1280 How does GSA transfer excess real property to the requesting agency?
Section 102-75.1285 What happens if the landholding agency requesting the property does not promptly accept custody and accountability?
Section 102-75.1290 What is the scope of this part?