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40 U.S.C. § 571 — General rules for deposit and use of proceeds

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 571 — General rules for deposit and use of proceeds

**(a) Deposit in Treasury as Miscellaneous Receipts.—** (1) **In general.—** — Except as otherwise provided in this subchapter, proceeds described in paragraph (2) shall be deposited in the Treasury as miscellaneous receipts. (2) **Proceeds.—** — The proceeds referred to in paragraph (1) are proceeds under this chapter from a— (A) transfer of excess property to a federal agency for agency use; or (B) sale, lease, or other disposition of surplus property. **(b) Payment of Expenses of Sale Before Deposit.—** Subject to regulations under this subtitle, the expenses of the sale of old material, condemned stores, supplies, or other public property may be paid from the proceeds of sale so that only the net proceeds are deposited in the Treasury. This subsection applies whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as authorized by law.

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Stable record: federal_law:legal_authorities:record_usc_4e5b81a5fa28aef2dd492602
Source file: Laws/federal/codes/united-states-code/title-40/section-571-general-rules-for-deposit-and-use-of-proceeds--dd5296994d.md
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Source location: Title 40, Chapter 5, § 571; chapter-005-property-management.md

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**(a) Deposit in Treasury as Miscellaneous Receipts.—** (1) **In general.—** — Except as otherwise provided in this subchapter, proceeds described in paragraph (2) shall be deposited in the Treasury as miscellaneous receipts. (2) **Proceeds.—** — The proceeds referred to in paragraph (1) are proceeds under this chapter from a— (A) transfer of excess property to a federal agency for agency use; or (B) sale, lease, or other disposition of surplus property. **(b) Payment of Expenses of Sale Before Deposit.—** Subject to regulations under this subtitle, the expenses of the sale of old material, condemned stores, supplies, or other public property may be paid from the proceeds of sale so that only the net proceeds are deposited in the Treasury. This subsection applies whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as authorized by law.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 1303 — Disposition of surplus real property

**(a) Definition.—** In this section, the term “federal agency” means an executive department, independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the Federal Government, including wholly owned Government corporations. **(b) Assignment of Space or Lease or Sale of Property.—** (1) **Actions of administrator.—** — When the President, on the recommendation of the Administrator of General Services, or the federal agency having control of any real property the agency acquires that is located outside of the District of Columbia, other than military or naval reservations, declares the property to be surplus to the needs of the agency, the Administrator— (A) may assign space in the property to any federal agency; (B) pending a sale, may lease the property for not more than 5 years and on terms the Administrator considers to be in the public interest; or (C) may sell the property at public sale to the highest responsible bidder on terms and after public advertisement that the Administrator considers to be in the public interest. (2) **Review of decision to assign space.—** — If the federal agency to which space is assigned does not desire to occupy the space, the decision of the Administrator under paragraph (1)(A) is subject to review by the President. (3) **Negotiated sale.—** — If no bids which are satisfactory as to price and responsibility of the bidder are received as a result of public advertisement, the Administrator may sell the property by negotiation, on terms as may be considered to be to the best interest of the Government, but at a price not less than that bid by the highest responsible bidder. **(c) Demolition.—** The Administrator may demolish any building declared to be surplus to t

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 548 — Surplus vessels

**(a) In General.—** Except as provided in subsection (b), the Maritime Administration shall dispose of surplus vessels of 1,500 gross tons or more which the Administration determines to be merchant vessels or capable of conversion to merchant use. The vessels shall be disposed of in accordance with part F of subtitle V of title 46 and other laws authorizing the sale of such vessels. **(b) National Oceanic and Atmospheric Administration Vessels and Equipment.—** (1) **Authority.—** — The Administrator of the National Oceanic and Atmospheric Administration may dispose of covered vessels and equipment, which would otherwise be disposed of under subsection (a), through sales or transfers under this title. (2) **Use of proceeds.—** — During the 2-year period beginning of the date of enactment of the National Defense Authorization Act for Fiscal Year 2026, notwithstanding [section 571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section571&num=0&edition=prelim) or [section 3302 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302&num=0&edition=prelim), the Administrator of the National Oceanic and Atmospheric Administration may— (A) retain the proceeds from the sale or transfer of a covered vessel or equipment under paragraph (1) until expended under subparagraph (B); and (B) use such proceeds, without fiscal year limitation, for the acquisition of new covered vessels and equipment or the repair and maintenance of existing covered vessels and equipment. (3) **Covered vessels and equipment defined.—** — In this subsection, the term “covered vessels and equipment” means survey and research vessels and related equipment owned by the Federal Government and under the control of the National

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 571 — General rules for deposit and use of pro-

Page 61 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 571 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 558 ............. 40:484d. Pub. L. 99–640, § 13(a)–(c), Nov. 10, 1986, 100 Stat. 3551. In subsection (b), the words ‘‘all of’’ are inserted for clarity. § 559. Advice of Attorney General with respect to antitrust law (a) DEFINITION.—In this section, the term ‘‘antitrust law’’ includes— (1) the Sherman Act (15 U.S.C. 1 et seq.); (2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52, 53); (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and (4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9). (b) ADVICE REQUIRED.— (1) IN GENERAL.—An executive agency shall not dispose of property to a private interest until the agency has received the advice of the Attorney General on whether the disposal to a private interest would tend to create or main- tain a situation inconsistent with antitrust law. (2) EXCEPTION.—This section does not apply to disposal of— (A) real property, if the estimated fair market value is less than $3,000,000; or (B) personal property (other than a patent, process, technique, or invention), if the esti- mated fair market value is less than $3,000,000. (c) NOTICE TO ATTORNEY GENERAL.— (1) IN GENERAL.—An executive agency that contemplates disposing of property to a pri- vate interest shall promptly transmit notice of the proposed disposal, including probable terms and conditions, to the Attorney Gen- eral. (2) COPY.—Except for the General Services Administration, an executive agency that transmits notice under paragraph (1) shall si- multaneously transmit a copy of the notice to the Administrator of General Services. (d) ADVICE FROM ATTORNEY GENERA

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