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40 U.S.C. § 623 — Establishment of a Federal Real Property Council

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

40 U.S.C. § 623 — Establishment of a Federal Real Property Council

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Source file: Laws/federal/codes/united-states-code/title-40/section-623-establishment-of-a-federal-real-property-council--cff6dfe03d.md
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Source location: Title 40, Chapter 5, § 623; chapter-005-property-management.md

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**(a) Establishment.—** There is established a Federal Real Property Council. **(b) Purpose.—** The purpose of the Council shall be— (1) to develop guidance and ensure implementation of an efficient and effective real property management strategy; (2) to identify opportunities for the Federal Government to better manage property and assets of the Federal Government; and (3) to reduce the costs of managing property of the Federal Government, including operations, maintenance, and security associated with Federal property. **(c) Composition.—** (1) **In general.—** — The Council shall be composed exclusively of— (A) the senior real property officers of each Federal agency; (B) the Deputy Director for Management of the Office of Management and Budget; (C) the Controller of the Office of Management and Budget; (D) the Administrator; and (E) any other full-time or permanent part-time Federal officials or employees, as the Chairperson determines to be necessary. (2) **Chairperson.—** — The Deputy Director for Management of the Office of Management and Budget shall serve as Chairperson of the Council. (3) **Executive director.—** (A) *In general.—* — The Chairperson shall designate an Executive Director to assist in carrying out the duties of the Council. (B) *Qualifications.—* — The Executive Director shall— (i) be appointed from among individuals who have substantial experience in the areas of commercial real estate and development, real property management, and Federal operations and management; and (ii) hold no outside employment that may conflict with duties inherent to the position. **(d) Meetings.—** (1) **In general.—** — The Council shall meet subject to the call of the Chairperson. (2) **Minimum.—** — The Council shall meet not fewer than 4 times each year. **(e) Duties.—** The Council, in consultation with the Director and the Administrator, shall— (1) not later than 1 year after the date of enactment of this subchapter, establish a real property management plan template, to be updated annually, which shall include performance measures, specific milestones, measurable savings, strategies, and Government-wide goals based on the goals established under section 524(a)(7) to reduce surplus property or to achieve better utilization of underutilized property, and evaluation criteria to determine the effectiveness of real property management that are designed— (A) to enable Congress and heads of Federal agencies to track progress in the achievement of property management objectives on a Government-wide basis; (B) to improve the management of real property; and (C) to allow for comparison of the performance of Federal agencies against industry and other public sector agencies; (2) develop utilization rates consistent throughout each category of space, considering the diverse nature of the Federal portfolio and consistent with nongovernmental space use rates; (3) develop a strategy to reduce the reliance of Federal agencies on leased space for long-term needs if ownership would be less costly; (4) provide guidance on eliminating inefficiencies in the Federal leasing process; (5) compile a list of field offices that are suitable for collocation with other property assets; (6) research best practices regarding the use of public-private partnerships to manage properties and develop guidelines for the use of those partnerships in the management of Federal property; and (7) not later than 1 year after the date of enactment of this subchapter and annually during the 4-year period beginning on the date that is 1 year after the date of enactment of this subchapter and ending on the date that is 5 years after the date of enactment of this subchapter, the Council shall submit to the Director a report that contains— (A) a list of the remaining excess property that is real property, surplus property that is real property, and underutilized property of each Federal agency; (B) the progress of the Council toward developing guidance for Federal agencies to ensure that the assessment required under section 524(a)(11)(B) is carried out in a uniform manner; (C) the progress of Federal agencies toward achieving the goals established under section 524(a)(7); (D) if necessary, recommendations for legislation or statutory reforms that would further the goals of the Council, including streamlining the disposal of excess or underutilized real property; and (E) a list of entities that are consulted under subsection (f). **(f) Consultation.—** In carrying out the duties described in subsection (e), the Council shall also consult with representatives of— (1) State, local, and tribal authorities, as appropriate, and other affected communities; and (2) appropriate private sector entities and nongovernmental organizations that have expertise in areas of— (A) commercial real estate and development; (B) government management and operations; (C) space planning; (D) community development, including transportation and planning; (E) historic preservation; and (F) providing housing to the homeless population. **(g) Council Resources.—** The Director and the Administrator shall provide staffing, and administrative support for the Council, as appropriate. **(h) Access to Report.—** The Council shall provide, on an annual basis, the real property management plan template required under subsection (e)(1) and the reports required under subsection (e)(7) to— (1) the Committee on Homeland Security and Governmental Affairs of the Senate; (2) the Committee on Environment and Public Works of the Senate; (3) the Committee on Oversight and Government Reform of the House of Representatives; (4) the Committee on Transportation and Infrastructure of the House of Representatives; and (5) the Comptroller General of the United States. **(i) Exclusions.—** In this section, surplus property shall not include— (1) any military installation (as defined in section 2910 of the Defense Base Closure and Realignment Act of 1990 ([10 U.S.C. 2687](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2687&num=0&edition=prelim) note; Public Law 101–510)); (2) any property that is excepted from the definition of the term “property” under section 102; (3) Indian and native Eskimo property held in trust by the Federal Government as described in section 3301(a)(5)(C)(iii); (4) real property operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 ([16 U.S.C. 831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section831&num=0&edition=prelim) et seq.); (5) any real property the Director excludes for reasons of national security; (6) any public lands (as defined in section 203 of the Public Lands Corps Act of 1993 ([16 U.S.C. 1722](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1722&num=0&edition=prelim))) administered by— (A) the Secretary of the Interior, acting through— (i) the Director of the Bureau of Land Management; (ii) the Director of the National Park Service; (iii) the Commissioner of Reclamation; or (iv) the Director of the United States Fish and Wildlife Service; or (B) the Secretary of Agriculture, acting through the Chief of the Forest Service; or (7) any property operated and maintained by the United States Postal Service.

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

16 U.S.C. § 1722 — Definitions

For purposes of this subchapter: (1) **Appropriate conservation project** — The term “appropriate conservation project” means any project for the conservation, restoration, construction or rehabilitation of natural, cultural, historic, archaeological, recreational, or scenic resources. (2) **Corps and Public Lands Corps** — The terms “Corps” and “Public Lands Corps” mean the Public Lands Corps established by [section 1723(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1723/a/1&num=0&edition=prelim). (3) **Eligible service lands** — The term “eligible service lands” means public lands, Indian lands, and Hawaiian home lands. (4) **Hawaiian home lands** — The term “Hawaiian home lands” means all lands given the status of Hawaiian home lands under section 204 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 110), or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved March 18, 1959 (Public Law 86–3; 73 Stat. 5). (5) **Indian** — The term “Indian” means a person who— (A) is a member of an Indian tribe; or (B) is a “Native”, as defined in section 3(b) of the Alaska Native Claims Settlement Act ([43 U.S.C. 1602(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602/b&num=0&edition=prelim)). (6) **Indian lands** — The term “Indian lands” means— (A) any Indian reservation; (B) any public domain Indian allotments; (C) any former Indian reservation in the State of Oklahoma; (D) any land held by incorporated Native groups, regional corporations, and village corporations under the Alaska Native Claims Settlement Act [[43 U.S

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

16 U.S.C. § 831 — Creation; short title

For the purpose of maintaining and operating the properties now owned by the United States in the vicinity of Muscle Shoals, Alabama, in the interest of the National defense and for agricultural and industrial development, and to improve navigation in the Tennessee River and to control the destructive flood waters in the Tennessee River and Mississippi River Basins, there is created a body corporate by the name of the “Tennessee Valley Authority” (hereinafter referred to as the “Corporation”). The Board of Directors first appointed shall be deemed the incorporators, and the incorporation shall be held to have been effected from the date of the first meeting of the Board. This chapter may be cited as the “Tennessee Valley Authority Act of 1933.”

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

10 U.S.C. § 2687 — Base closures and realignments

**(a)** Notwithstanding any other provision of law, no action may be taken to effect or implement— (1) the closure, including a mothball action, divestiture, deactivation, or any other action to render inoperable, of any military installation at which at least 300 civilian personnel are authorized to be employed; (2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary’s plan to close or realign such installation; or (3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies, unless and until the provisions of subsection (b) are complied with. **(b)** No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until— (1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification— (A) an evaluation of the fiscal, local economic, budgetary, environme

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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

10 U.S.C. § 2687 — Base closures and realignments

Page 2096 TITLE 10—ARMED FORCES § 2687 (7) Ice. (8) Mechanical refrigeration. (9) Telephone service. (b) Proceeds of sales under subsection (a) shall be credited to the appropriation currently avail- able for the supply of that utility or service. (c) To meet local needs the Secretary con- cerned may make minor expansions and exten- sions of any distributing system or facility within an activity through which a utility or service is furnished under subsection (a). (Aug. 10, 1956, ch. 1041, 70A Stat. 141, § 2481; Pub. L. 86–156, Aug. 14, 1959, 73 Stat. 338; renumbered § 2686, Pub. L. 105–85, div. A, title III, § 371(b)(1), Nov. 18, 1997, 111 Stat. 1705; Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(viii), Jan. 1, 2021, 134 Stat. 3821.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2481(a) ..... 5:626s. 5:626s–1 (less words be- tween semicolon and colon). 10:1269. July 30, 1947, ch. 394, 61 Stat. 675; Aug. 8, 1949, ch. 403, § 5, 63 Stat. 576. 10:1269a (less words be- tween semicolon and colon). 34:553a. 34:553b (less words be- tween semicolon and colon). 2481(b) ..... 5:626s–1 (words between semicolon and colon). 10:1269a (words between semicolon and colon). 34:553b (words between semicolon and colon). 2481(c) ..... 5:626s–2. 10:1269b. 34:553c. In subsection (a), the words ‘‘within his establish- ment’’, ‘‘of time’’, and the opening clauses of 5:626s–1, 10:1269a, and 34:553b, are omitted as surplusage. The words ‘‘not available from another local source’’ are substituted for the words ‘‘not otherwise available from local private or public sources’’. In subsection (b), the words ‘‘of sales under sub- section (a)’’ are substituted for the words ‘‘received for any such utilities and

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

16 U.S.C. § 1722 — Definitions

Page 1983 TITLE 16—CONSERVATION § 1722 § 1722. Definitions For purposes of this subchapter: (1) Appropriate conservation project The term ‘‘appropriate conservation project’’ means any project for the conserva- tion, restoration, construction or rehabilita- tion of natural, cultural, historic, archae- ological, recreational, or scenic resources. (2) Corps and Public Lands Corps The terms ‘‘Corps’’ and ‘‘Public Lands Corps’’ mean the Public Lands Corps estab- lished by section 1723(a)(1) of this title. (3) Eligible service lands The term ‘‘eligible service lands’’ means public lands, Indian lands, and Hawaiian home lands. (4) Hawaiian home lands The term ‘‘Hawaiian home lands’’ means all lands given the status of Hawaiian home lands under section 204 of the Hawaiian Homes Com- mission Act, 1920 (42 Stat. 110), or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled ‘‘An Act to provide for the ad- mission of the State of Hawaii into the Union’’, approved March 18, 1959 (Public Law 86–3; 73 Stat. 5). (5) Indian The term ‘‘Indian’’ means a person who— (A) is a member of an Indian tribe; or (B) is a ‘‘Native’’, as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). (6) Indian lands The term ‘‘Indian lands’’ means— (A) any Indian reservation; (B) any public domain Indian allotments; (C) any former Indian reservation in the State of Oklahoma; (D) any land held by incorporated Native groups, regional corporations, and village corporations under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]; and (E) any land held by dependent Indian communities within the borders of the United States whether within the original or

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

16 U.S.C. § 831 — Creation; short title

Page 1452 TITLE 16—CONSERVATION § 831 Sec. 831z. Authorization of appropriations. 831aa. Laws repealed. 831bb. Reservation of right to amend or repeal. 831cc. Separability. 831dd. Liberal construction of chapter; sale of sur- plus lands. 831ee. Essential stewardship activities. § 831. Creation; short title For the purpose of maintaining and operating the properties now owned by the United States in the vicinity of Muscle Shoals, Alabama, in the interest of the National defense and for agri- cultural and industrial development, and to im- prove navigation in the Tennessee River and to control the destructive flood waters in the Ten- nessee River and Mississippi River Basins, there is created a body corporate by the name of the ‘‘Tennessee Valley Authority’’ (hereinafter re- ferred to as the ‘‘Corporation’’). The Board of Directors first appointed shall be deemed the incorporators, and the incorporation shall be held to have been effected from the date of the first meeting of the Board. This chapter may be cited as the ‘‘Tennessee Valley Authority Act of 1933.’’ (May 18, 1933, ch. 32, § 1, 48 Stat. 58; Pub. L. 108–447, div. C, title VI, § 603(a), Dec. 8, 2004, 118 Stat. 2966.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–447 substituted ‘‘Board of Directors’’ for ‘‘board of directors’’ and ‘‘Board’’ for ‘‘board’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–447 effective on the later of the date on which at least three persons nominated under section 604(a) of Pub. L. 108–447 take office or May 18, 2005, see section 604(b) of Pub. L. 108–447, set out in an Appointments; Effective Date; Transition note under section 831a of this title. § 831a. Membership, operation, and duties of t

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

40 U.S.C. § 623 — Establishment of a Federal Real Property

Page 87 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 623 bidding process governing the leasing of postal property. (Added Pub. L. 114–318, § 3(a), Dec. 16, 2016, 130 Stat. 1609.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. § 623. Establishment of a Federal Real Property Council (a) ESTABLISHMENT.—There is established a Federal Real Property Council. (b) PURPOSE.—The purpose of the Council shall be— (1) to develop guidance and ensure imple- mentation of an efficient and effective real property management strategy; (2) to identify opportunities for the Federal Government to better manage property and assets of the Federal Government; and (3) to reduce the costs of managing property of the Federal Government, including oper- ations, maintenance, and security associated with Federal property. (c) COMPOSITION.— (1) IN GENERAL.—The Council shall be com- posed exclusively of— (A) the senior real property officers of each Federal agency; (B) the Deputy Director for Management of the Office of Management and Budget; (C) the Controller of the Office of Manage- ment and Budget; (D) the Administrator; and (E) any other full-time or permanent part- time Federal officials or employees, as the Chairperson determines to be necessary. (2) CHAIRPERSON.—The Deputy Director for Management of the Office of Mana

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