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40 U.S.C. § 521 — Policies and methods
Federal law — U.S. Code and appendices · legal_authorities
Subject to [section 523 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section523&num=0&edition=prelim), in order to minimize expenditures for property, the Administrator of General Services shall—
(1) prescribe policies and methods to promote the maximum use of excess property by executive agencies; and
(2) provide for the transfer of excess property—
(A) among federal agencies; and
(B) to the organizations specified in [section 321(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section321/c/2&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-40/section-521-policies-and-methods--3615c91e19.md
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Source location: Title 40, Chapter 5, § 521; chapter-005-property-management.md
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Subject to [section 523 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section523&num=0&edition=prelim), in order to minimize expenditures for property, the Administrator of General Services shall—
(1) prescribe policies and methods to promote the maximum use of excess property by executive agencies; and
(2) provide for the transfer of excess property—
(A) among federal agencies; and
(B) to the organizations specified in [section 321(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section321/c/2&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures for Transfer.—** The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real property located within the reservation of any group, band, or tribe of Indians that is recognized as eligible for services by the Bureau of Indian Affairs.
**(b) Property Held in Trust.—**
(1) **In general.—** — Except as provided in paragraph (2), the Secretary shall hold excess real property transferred under this section in trust for the benefit and use of the group, band, or tribe of Indians, within whose reservation the excess real property is located.
(2) **Special requirement for oklahoma.—** — The Secretary shall hold excess real property that is located in Oklahoma and transferred under this section in trust for Oklahoma Indian tribes recognized by the Secretary if the real property—
(A) is located within boundaries of former reservations in Oklahoma, as defined by the Secretary, and was held in trust by the Federal Government for an Indian tribe when the Government acquired it; or
(B) is contiguous to real property presently held in trust by the Government for an Oklahoma Indian tribe and was held in trust by the Government for an Indian tribe at any time.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 523
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Federal law — U.S. Code and appendices · legal_authorities
The territory ceded to the United States in accordance with the provisions of the Treaty of Peace between the United States and Spain, signed at Paris, December 10, 1898, and proclaimed April 11, 1899, and known as the island of Guam in the Marianas Islands, shall continue to be known as Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1421
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this subtitle is to provide the Federal Government with an economical and efficient system for the following activities:
(1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identification and classification, transportation and traffic management, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before federal and state regulatory bodies.
(2) Using available property.
(3) Disposing of surplus property.
(4) Records management.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Except as provided in subchapter VII of chapter 5 of this title, the following definitions apply in chapters 1 through 7 of this title and in division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(1) **Care and handling.—** — The term “care and handling” includes—
(A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and
(B) rendering innocuous, or destroying, property that is dangerous to public health or safety.
(2) **Contractor inventory.—** — The term “contractor inventory” means—
(A) property, in excess of amounts needed to complete full performance, that is acquired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Government; and
(B) property that the Government is obligated or has the option to take over, under any type of contract, as a result of changes in specifications or plans under the contract, or as a result of termination of the contract (or a subcontract), prior to completion of the work, for the convenience or at the option of the Government.
(3) **Excess property.—** — The term “excess property” means property under the control of a federal agency that the head of the agency determines is not required to meet the agency’s needs or responsibilities.
(4) **Executive agency.—** — The term “executive agency” means—
(A) an executive department or independent establishment in the executive branch of the Government; and
(B) a wholly owned Government corporation.
(5) **Federal agency.—** — The term “federal agency” means an executive agency or an establishment in the legislative or judicial bra
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Identification of suitable property** The Secretary of Housing and Urban Development shall, on a quarterly basis, request information from each landholding agency regarding Federal public buildings and other Federal real properties (including fixtures) that are excess property or surplus property or that are described as unutilized or underutilized in surveys by the heads of landholding agencies under section 524(a)(2) and (3) of title 40. No later than 25 days after receiving a request from the Secretary, the head of each landholding agency shall transmit such information to the Secretary. No later than 30 days after receiving such information, the Secretary shall identify which of those buildings and other properties are suitable for use to assist the homeless.
**(b) Availability of property**
(1) The Secretary shall promptly notify each Federal agency with respect to any property of that agency that the Secretary has identified under subsection (a). No later than 45 days after receipt of such a notice, the head of the appropriate landholding agency shall transmit to the Secretary the agency’s response to property identifications contained in such notification, which shall include—
(A) in the case of unutilized or underutilized property—
(i) a statement of intention to determine the property excess to the agency’s needs;
(ii) a statement of intention to make the property available for use to assist the homeless; or
(iii) a statement of the reasons (including a full explanation of the need) the property cannot be determined excess to the agency’s needs or made available for use to assist the homeless; and
(B) in the case of excess property—
(i) a statement that there is no other compelling Federal need for the property and, therefore,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11411
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this subchapter, the Administrator of General Services shall supervise and direct the disposition of surplus property in accordance with this subtitle.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 541
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transfers Between Armed Forces.—** If either of the Secretaries concerned requests it and the other approves, real property may be transferred, without compensation, from one armed force to another. [Section 2571(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2571/d&num=0&edition=prelim) shall apply to the transfer of real property under this subsection.
**(b) Screening Requirements for Additional Federal Use.—** The Secretary concerned may not convey real property that is authorized or required to be conveyed, whether for or without consideration, by any provision of law enacted after December 31, 1997, unless the Administrator of General Services has screened the property for further Federal use in accordance with subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
**(c) Time for Screening.—**
(1) Before the end of the 30-day period beginning on the date of the enactment of a provision of law authorizing or requiring the conveyance of a parcel of real property by the Secretary concerned, the Administrator of General Services shall complete the screening referred to in subsection (b) with regard to the real property and notify the Secretary concerned and Congress of the results of the screening. The notice shall include—
(A) the name of the Federal agency requesting transfer of the property;
(B) the proposed use to be made of the property by the Federal agency; and
(C) the fair market value of the property, including any improvements thereon, as estimated by the Administrator.
(2) If the Administrator fails to complete the screening and notify the Secretary concerned and Congress within such period, the Secretary concerned shall pro
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2696
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to Convey.—** The Secretary of a military department may convey to an eligible entity described in subsection (b) any surplus real property that—
(1) is under the administrative control of the Secretary;
(2) is suitable and desirable for conservation purposes;
(3) has been made available for public benefit transfer for a sufficient period of time to potential claimants; and
(4) is not subject to a pending request for transfer to another Federal agency or for conveyance to any other qualified recipient for public benefit transfer under the real property disposal processes and authorities under subtitle I of title 40.
**(b) Eligible Entities.—** The conveyance of surplus real property under this section may be made to any of the following:
(1) A State or political subdivision of a State.
(2) A nonprofit organization that exists for the primary purpose of conservation of natural resources on real property.
**(c) Reversionary Interest and Other Deed Requirements.—**
(1) The deed of conveyance of any surplus real property conveyed under this section shall require the property to be used and maintained for the conservation of natural resources in perpetuity. If the Secretary concerned determines at any time that the property is not being used or maintained for such purpose, then, at the option of the Secretary, all or any portion of the property shall revert to the United States.
(2) The deed of conveyance may permit the recipient of the property—
(A) to convey the property to another eligible entity, subject to the approval of the Secretary concerned and subject to the same covenants and terms and conditions as provided in the deed from the United States; and
(B) to conduct incidental revenue-producing activities on the property that are compa
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2694a
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Federal law — U.S. Code and appendices · legal_authorities
Page 38
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 521
curement Policy Act Amendments of 1983 (Public Law
98–191, 97 Stat. 1331).
In subsection (a)(2)(A), the words ‘‘Department of De-
fense’’ are substituted for ‘‘National Military Estab-
lishment’’ in section 206(a) of the Federal Property and
Administrative Services Act of 1949 because the Depart-
ment of Defense is deemed to succeed the National
Military Establishment under section 12(a) and (g) of
the National Security Act Amendments of 1949 (ch. 412,
63 Stat. 591).
In subsection (c), the words ‘‘Comptroller General’’
are substituted for ‘‘General Accounting Office’’ be-
cause of 31:702 and for consistency in the revised title.
Editorial Notes
AMENDMENTS
2019—Subsec. (a)(1)(E), (F). Pub. L. 115–419 added sub-
pars. (E) and (F).
2011—Subsec. (a)(1)(D). Pub. L. 111–350 substituted
‘‘division B (except sections 1704 and 2303) of subtitle I
of title 41’’ for ‘‘the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 401 et seq.)’’.
SUBCHAPTER II—USE OF PROPERTY
§ 521. Policies and methods
Subject to section 523 of this title, in order to
minimize expenditures for property, the Admin-
istrator of General Services shall—
(1) prescribe policies and methods to pro-
mote the maximum use of excess property by
executive agencies; and
(2) provide for the transfer of excess prop-
erty—
(A) among federal agencies; and
(B) to the organizations specified in sec-
tion 321(c)(2) of this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1083.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
521 .............
40:483(a)(1) (1st sen-
tence).
June 30, 1949, ch. 288, title
II,
§ 202(a)(1)
(1st
sen-
tence), 63 Stat. 384; July
12, 1952, ch. 703, § 1(f), 66
Sta
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 521
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.