Browse Arkansas Code titles and sections

40 U.S.C. § 545 — Procedure for disposal

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

40 U.S.C. § 545 — Procedure for disposal

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 545

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: f40d86a3e69b946a33937164e95d41cf300200ca13c095a2688b406f34492b6a. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_5a690a86d940945525626f2e
Source file: Laws/federal/codes/united-states-code/title-40/section-545-procedure-for-disposal--6c9a15c596.md
Pages: Not recorded – Not recorded
Passage SHA-256: 0c1e01999eef6c6a503bfb742f82448ebfddb448f5e99df560d67649d7ea6abd

Source location: Title 40, Chapter 5, § 545; chapter-005-property-management.md

Stored source content

**(a) Public Advertising for Bids.—** (1) **Requirement.—** (A) *In general.—* — Except as provided in subparagraph (B), the Administrator of General Services may make or authorize a disposal or a contract for disposal of surplus property only after public advertising for bids, under regulations the Administrator prescribes. (B) *Exceptions.—* — This subsection does not apply to disposal or a contract for disposal of surplus property— (i) under subsection (b) or (d); or (ii) by abandonment, destruction, or donation or through a contract broker. (2) **Time, method, and terms.—** — The time, method, and terms and conditions of advertisement must permit full and free competition consistent with the value and nature of the property involved. (3) **Public disclosure.—** — Bids must be publicly disclosed at the time and place stated in the advertisement. (4) **Awards.—** — An award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Federal Government, price and other factors considered. However, all bids may be rejected if it is in the public interest to do so. **(b) Negotiated Disposal.—** Under regulations the Administrator prescribes, disposals and contracts for disposal may be negotiated without regard to subsection (a), but subject to obtaining competition that is feasible under the circumstances, if— (1) necessary in the public interest— (A) during the period of a national emergency declared by the President or Congress, with respect to a particular lot of personal property; or (B) for a period not exceeding three months, with respect to a specifically described category of personal property as determined by the Administrator; (2) the public health, safety, or national security will be promoted by a particular disposal of personal property; (3) public exigency will not allow delay incident to advertising certain personal property; (4) the nature and quantity of personal property involved are such that disposal under subsection (a) would impact an industry to an extent that would adversely affect the national economy, and the estimated fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation; (5) the estimated fair market value of the property involved does not exceed $15,000; (6) after advertising under subsection (a), the bid prices for the property, or part of the property, are not reasonable or have not been independently arrived at in open competition; (7) with respect to real property, the character or condition of the property or unusual circumstances make it impractical to advertise publicly for competitive bids and the fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation; (8) the disposal will be to a State, territory, or possession of the United States, or to a political subdivision of, or a tax-supported agency in, a State, territory, or possession, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation; or (9) otherwise authorized by law. **(c) Disposal Through Contract Brokers.—** Disposals and contracts for disposal of surplus real and related personal property through contract realty brokers employed by the Administrator shall be made in the manner followed in similar commercial transactions under regulations the Administrator prescribes. The regulations must require that brokers give wide public notice of the availability of the property for disposal. **(d) Negotiated Sale at Fixed Price.—** (1) **Authorization.—** — The Administrator may make a negotiated sale of personal property at a fixed price, either directly or through the use of a disposal contractor, without regard to subsection (a). However, the sale must be publicized to an extent consistent with the value and nature of the property involved and the price established must reflect the estimated fair market value of the property. Sales under this subsection are limited to categories of personal property for which the Administrator determines that disposal under this subsection best serves the interests of the Government. (2) **First offer.—** — Under regulations and restrictions the Administrator prescribes, an opportunity to purchase property at a fixed price under this subsection may be offered first to an entity specified in subsection (b)(8) that has expressed an interest in the property. **(e) Explanatory Statements for Negotiated Disposals.—** (1) **Requirement.—** (A) *In general.—* — Except as provided in subparagraph (B), an explanatory statement of the circumstances shall be prepared for each disposal by negotiation of— (i) personal property that has an estimated fair market value in excess of $15,000; (ii) real property that has an estimated fair market value in excess of $100,000, except that real property disposed of by lease or exchange is subject only to clauses (iii)–(v) of this subparagraph; (iii) real property disposed of by lease for a term of not more than 5 years, if the estimated fair annual rent is more than $100,000 for any year; (iv) real property disposed of by lease for a term of more than 5 years, if the total estimated rent over the term of the lease is more than $100,000; or (v) real property or real and related personal property disposed of by exchange, regardless of value, or any property for which any part of the consideration is real property. (B) *Exception.—* — An explanatory statement is not required for a disposal of personal property under subsection (d), or for a disposal of real or personal property authorized by any other law to be made without advertising. (2) **Transmittal to congress.—** — The explanatory statement shall be transmitted to the appropriate committees of Congress in advance of the disposal, and a copy of the statement shall be preserved in the files of the executive agency making the disposal. (3) **Listing in report.—** — A report of the Administrator under [section 126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section126&num=0&edition=prelim) must include a listing and description of any negotiated disposals of surplus property having an estimated fair market value of more than $15,000, in the case of real property, or $5,000, in the case of any other property, other than disposals for which an explanatory statement has been transmitted under this subsection. **(f) Applicability of Other Law.—** Section 6101(b)–(d) of title 41 does not apply to a disposal or contract for disposal made under this section.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

40 U.S.C. § 126 — Reports to Congress

The Administrator of General Services, at times the Administrator considers desirable, shall submit a report to Congress on the administration of this subtitle. The report shall include any recommendation for amendment of this subtitle that the Administrator considers appropriate and shall identify any law that is obsolete because of the enactment or operation of this subtitle.

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 126

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2687

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

22 U.S.C. § 2681 — International broadcasting facilities; transfer to Department of State; acquisition of property

For the purpose of assuring continued operation of the facilities hereinafter described for international broadcasting as a means of achieving the objectives of the United States Information and Educational Exchange Act of 1948 [[22 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1431&num=0&edition=prelim) et seq.] under authority of that Act, the Reconstruction Finance Corporation, as successor to Defense Plant Corporation, shall transfer, without regard to the provisions of the Surplus Property Act of 1944, as amended, and without reimbursement or transfer of funds, to the Secretary of State (hereinafter referred to as the “Secretary”) all of its right, title, and interest in and to the facilities known as Plancors 1805, 1985, and 1986 located in Butler County, Ohio, in the vicinity of Delano, California, and Dixon, California, respectively, together with the equipment and other property appurtenant thereto. For the purposes of sections 2681 to 2683 of this title, the Secretary is authorized to acquire property or rights or interests therein necessary or desirable for the operation of such facilities by purchase, lease, gift, transfer, condemnation, or otherwise.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2681

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

25 U.S.C. § 5341 — Contract or grant provisions and administration

**(a) Applicability of Federal contracting laws and regulations; waiver of requirements** (1) Notwithstanding any other provision of law, subject to paragraph (3), the contracts and cooperative agreements entered into with tribal organizations pursuant to [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) shall not be subject to Federal contracting or cooperative agreement laws (including any regulations), except to the extent that such laws expressly apply to Indian tribes. (2) Program standards applicable to a nonconstruction self-determination contract shall be set forth in the contract proposal and the final contract of the tribe or tribal organization. (3) (A) With respect to a construction contract (or a subcontract of such a construction contract), the provisions of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 and the regulations relating to acquisitions promulgated under division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 shall apply only to the extent that the application of such provision 11 So in original. Probably should be “provisions”. to the construction contract (or subcontract) is— (i) necessary to ensure that the contract may be carried out in a satisfactory manner; (ii) directly related to the construction activity; and (iii) not inconsistent with this chapter. (B) A list of the Federal requirements that meet the requirements of clauses (i) through (iii) of subparagraph (A) shall be included in an attachment to the contract pursuant to negotiations between the Secretary and the tribal organization. (C) (i) Except as provided in subparagraph (B), no Federal law listed in clau

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5341

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

30 U.S.C. § 352 — Deposits subject to lease; consent of department heads; lands excluded

Except where lands have been acquired by the United States for the development of the mineral deposits, by foreclosure or otherwise for resale, or reported as surplus pursuant to the provisions of the Surplus Property Act of October 3, 1944 (50 U.S.C., sec. 1611 and the following),11 See References in Text note below. all deposits of coal, phosphate, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), gas, sodium, potassium, and sulfur which are owned or may hereafter be acquired by the United States and which are within the lands acquired by the United States (exclusive of such deposits in such acquired lands as are (a) situated within incorporated cities, towns and villages, national parks or monuments, or (b) tidelands or submerged lands) may be leased by the Secretary under the same conditions as contained in the leasing provisions of the mineral leasing laws, subject to the provisions hereof. Coal or lignite under acquired lands set apart for military or naval purposes may be leased by the Secretary, with the concurrence of the Secretary of Defense, to a governmental entity (including any corporation primarily acting as an agency or instrumentality of a State) which produces electrical energy for sale to the public if such governmental entity is located in the State in which such lands are located. The provisions of subchapter VIII of chapter 3A of this title shall apply to deposits of sulfur covered by this chapter wherever situated. No mineral deposit covered by this section shall be leased except with the consent of the head of the executive department, independent establishment, or instrumentality having jurisdiction over the lands containing such deposit, or holding a mortgage or deed of trust secured by such lands which is unsatisfied of r

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 352

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

40 U.S.C. § 112 — Applicability of certain policies, procedures, and directives in effect on July 1, 1949

**(a) In General.—** A policy, procedure, or directive described in subsection (b) remains in effect until superseded or amended under this subtitle or other appropriate authority. **(b) Description.—** A policy, procedure, or directive referred to in subsection (a) is one that was in effect on July 1, 1949, and that was prescribed by— (1) the Director of the Bureau of Federal Supply or the Secretary of the Treasury and that related to a function transferred to or vested in the Administrator of General Services on June 30, 1949, by the Federal Property and Administrative Services Act of 1949; 11 See References in Text note below. (2) an officer of the Federal Government under authority of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority related to surplus property or foreign excess property; (3) the Federal Works Administrator or the head of a constituent agency of the Federal Works Agency; or (4) the Archivist of the United States or another officer or body whose functions were transferred on June 30, 1949, by title I 1 of the Federal Property and Administrative Services Act of 1949.

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 112

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 1303

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

40 U.S.C. § 581 — General authority of Administrator of General Services

**(a)** Repealed. Pub. L. 107–296, title XVII, § 1706(a)(1), Nov. 25, 2002, 116 Stat. 2316.] **(b) Personnel and Equipment.—** The Administrator of General Services may— (1) employ and pay personnel at per diem rates approved by the Administrator, not exceeding rates currently paid by private industry for similar services in the place where the services are performed; and (2) purchase, repair, and clean uniforms for civilian employees of the General Services Administration who are required by law or regulation to wear uniform clothing. **(c) Acquisition and Management of Property.—** (1) **Real estate.—** — The Administrator may acquire, by purchase, condemnation, or otherwise, real estate and interests in real estate. (2) **Ground rent.—** — The Administrator may pay ground rent for buildings owned by the Federal Government or occupied by federal agencies, and pay the rent in advance if required by law or if the Administrator determines that advance payment is in the public interest. (3) **Rent and repairs under a lease.—** — The Administrator may pay rent and make repairs, alterations, and improvements under the terms of a lease entered into by, or transferred to, the Administration for the housing of a federal agency. (4) **Repairs that are economically advantageous.—** — The Administrator may repair, alter, or improve rented premises if the Administrator determines that doing so is advantageous to the Government in terms of economy, efficiency, or national security. The Administrator’s determination must— (A) set forth the circumstances that make the repair, alteration, or improvement advantageous; and (B) show that the total cost (rental, repair, alteration, and improvement) for the expected life of the lease is less than the cost of alternative space

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 581

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

42 U.S.C. § 7153 — Transfers from Department of the Interior

**(a) Functions relating to electric power** (1) There are transferred to, and vested in, the Secretary all functions of the Secretary of the Interior under [section 825s of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section825s&num=0&edition=prelim), and all other functions of the Secretary of the Interior, and officers and components of the Department of the Interior, with respect to— (A) the Southeastern Power Administration; (B) the Southwestern Power Administration; (C) the Bonneville Power Administration including but not limited to the authority contained in the Bonneville Project Act of 1937 [[16 U.S.C. 832](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section832&num=0&edition=prelim) et seq.] and the Federal Columbia River Transmission System Act [[16 U.S.C. 838](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section838&num=0&edition=prelim) et seq.]; (D) the power marketing functions of the Bureau of Reclamation, including the construction, operation, and maintenance of transmission lines and attendant facilities; and (E) the transmission and disposition of the electric power and energy generated at Falcon Dam and Amistad Dam, international storage reservoir projects on the Rio Grande, pursuant to the Act of June 18, 1954, as amended by the Act of December 23, 1963. (2) The Southeastern Power Administration, the Southwestern Power Administration, and the Bonneville Power Administration,11 So in original. The comma probably should not appear. shall be preserved as separate and distinct organizational entities within the Department. Each such entity shall be headed by an Administrator appointed by the Secretary. The functions transferred to the Secretary in paragra

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7153

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

45 U.S.C. § 1212 — Applicability of other laws

**(a) Actions subject to other laws** The provisions of chapter 5 of title 5 (popularly known as the Administrative Procedure Act, and including provisions popularly known as the Government in the Sunshine Act), chapter 10 of title 5, division A of subtitle III of title 54, [section 303 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section303&num=0&edition=prelim), and the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) shall not apply to actions taken pursuant to this chapter, except to the extent that such laws may be applicable to granting of rights-of-way under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1208&num=0&edition=prelim). **(b) Federal surplus property disposal; withdrawal or reservation of land for use of Alaska Railroad** The enactment of this chapter, actions taken during the transition period as provided in [section 1204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1204&num=0&edition=prelim), and transfer of the rail properties of the Alaska Railroad under authority of this chapter shall be deemed not to be the disposal of Federal surplus property under sections 541 to 555 of title 40 or the Act of October 3, 1944, popularly referred to as the “Surplus Property Act of 1944” (50 U.S.C. App. 1622).11 See References in Text note below. Such events shall not constitute or cause the revocation of any prior withdrawal or reservation of land for the use of the Alaska Railroad under the Act of March 12, 1914 ([43 U.S.C. 975](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-sect

Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1212

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.