40 U.S.C. § 521 — Policies and methods

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 Stat. 593; Pub. L. 93–599, (1), Jan. 2, 1975, 88 Stat. 1954. The words ‘‘the provisions of’’ are omitted as unnec- essary. Statutory Notes and Related Subsidiaries PUBLIC INVENTORY OF GUAM LAND PARCELS FOR TRANSFER TO GOVERNMENT OF GUAM Pub. L. 115–232, div. B, title XXVIII, § 2847, Aug. 13, 2018, 132 Stat. 2277, provided that: ‘‘(a) NET-NEGATIVE INVENTORY OF LAND PARCELS.— ‘‘(1) MAINTENANCE AND UPDATE OF INVENTORY.—The Secretary of the Navy shall maintain and update reg- ularly an inventory of all land parcels located on Guam which meet each of the following conditions: ‘‘(A) The parcels are currently owned by the United States Government and are under the ad- ministrative jurisdiction of the Department of the Navy. ‘‘(B) The Secretary has determined or expects to determine the parcels to be excess to the needs of the Department of the Navy. ‘‘(C) Under Federal law, including Public Law 106–504 (commonly known as the ‘Guam Omnibus Opportunities Act’; 40 U.S.C. 521 note), the parcels are eligible to be transferred to the territorial gov- ernment. ‘‘(2) INFORMATION REQUIRED.—For each parcel in- cluded in the inventory under paragraph (1), the Sec- retary shall specify— ‘‘(A) the approximate size of the parcel; ‘‘(B) an estimate of the fair market value of the parcel, if available or as practicable; ‘‘(C) the date on which the Secretary determined, or the date by which the Secretary expects to de- termine, that the parcel is excess and made eligible for transfer to the territorial government; and ‘‘(D) the citation of the specific legal authority (including the Guam Omnibus Opportunities Act) under which the Secretary will transfer the parcel to the territorial government or otherwise dispose of the parcel. ‘‘(b) PARCELS REQUIRED TO BE INCLUDED.—The Sec- retary shall include in the inventory under this section each of the following parcels, as described in the 2017 Net Negative Report: ‘‘(1) The Tanguisson Power Plant (5 acres), listed as Site 14 in the Report. ‘‘(2) The Harmon Substation Annex (9.9 acres), list- ed as Site 15 in the Report. ‘‘(3) The Piti Power Plant and Substation (15.5 acres), listed as Site 38 in the Report. ‘‘(4) Apra Heights Lot 403–1 (0.5 acres), listed as Site 55 in the Report. ‘‘(5) The Agana Power Plant and Substation (5.9 acres), listed as Site 54 in the Report. ‘‘(6) The ACEORP Maui Tunnel-Tamuning Route 1 behind Old Telex (3.7 acres), listed as Site 23 in the Report. ‘‘(7) The Parcel South of Camp Covington, Parcel 7 (60.8 acres), listed as Site 49 in the Report. ‘‘(8) The NCTS Beach Lot, adjacent to the Tanguisson Power Plant (13.3 acres), listed as Site 13 in the Report. ‘‘(9) The Hoover Park Annex (also known as ‘Old USO Beach’; 6 acres), listed as Site 37 in the Report. ‘‘(10) Parcel ‘C’ Marbo Cave Annex (5 acres), listed as Site 12 in the Report. ‘‘(c) INCLUSION OF ADDITIONAL PARCELS IN INVEN- TORY.— ‘‘(1) REQUEST BY GOVERNOR.—The Governor of the territory of Guam may submit a request to the Sec- retary to add parcels to the inventory maintained under subsection (a), and shall specify in any such re- quest any public benefit uses or public purposes pro- posed by the Governor for the parcel involved, pursu- ant to the Guam Omnibus Opportunities Act or any other relevant Federal law. ‘‘(2) CONSIDERATION BY SECRETARY.—Not later than 180 days of receipt of a request from the Governor under paragraph (1), the Secretary shall review the request and provide a response in writing to the Gov- ernor as to whether the Secretary will agree to the request to include the specific land parcel in the in- ventory maintained under subsection (a). If the Sec- retary denies the request, the Secretary shall provide a detailed written justification to the Governor that explains the continuing military need for the parcel, if any, and the date on which the Secretary expects that military need to cease, if ever. ‘‘(d) EXCLUSION OF PARCELS.—The Secretary shall not include in the inventory maintained under this section any parcel transferred to the government of Guam prior to the date of the enactment of this Act [Aug. 13, 2018], without regard to whether or not the parcel is in- cluded in the inventory under subsection (b). ‘‘(e) PUBLIC NOTIFICATION.—The Secretary shall pub- lish and update on a public website of the United States Government the following information: ‘‘(1) The inventory maintained under subsection (a), including the parcels required to be included in such inventory under subsection (b). ‘‘(2) All requests submitted by the Governor under subsection (c), including any proposed public benefit use or public purpose specified in any such request. ‘‘(3) A copy of each response provided by the Sec- retary to each request submitted by the Governor under subsection (c). Page 39 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 521 ‘‘(4) A description of each parcel of land transferred by the Secretary to the territorial government after January 20, 2011, including the following: ‘‘(A) The approximate size of the parcel. ‘‘(B) An estimate of the fair market value of the parcel, if available or as practicable. ‘‘(C) The specific legal authority under which the Secretary transferred the parcel to the territorial government. ‘‘(D) The date the parcel was transferred to the territorial government. ‘‘(f) DEFINITIONS.—In this section, the following defi- nitions apply: ‘‘(1) 2017 NET NEGATIVE REPORT.—The term ‘2017 Net Negative Report’ means the report submitted by the Secretary of the Navy, on behalf of the Secretary of Defense, under section 2208 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2695) regarding the status of the im- plementation of the ‘net negative’ policy regarding the total number of acres of the real property con- trolled by the Department of the Navy or the Depart- ment of Defense on Guam. ‘‘(2) GOVERNOR.—The term ‘Governor’ means the Governor of the territory of Guam. ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of the Navy. ‘‘(4) TERRITORIAL GOVERNMENT.—The term ‘terri- torial government’ means the government of Guam established under the Organic Act of Guam (48 U.S.C. 1421 et seq.).’’ OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO ACQUIRE EXCESS REAL PROPERTY IN GUAM Pub. L. 106–504, § 1, Nov. 13, 2000, 114 Stat. 2309, as amended by Pub. L. 109–163, div. A, title X, § 1056(a)(6), Jan. 6, 2006, 119 Stat. 3439, provided that: ‘‘(a) TRANSFER OF EXCESS REAL PROPERTY.—(1) Ex- cept as provided in subsection (d), before screening ex- cess real property located on Guam for further Federal utilization under section 202 [now 40 U.S.C. 521 et seq.] of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) [now 40 U.S.C. 101 et seq.] (hereinafter the ‘Property Act’), the Adminis- trator shall notify the Government of Guam that the property is available for transfer pursuant to this sec- tion. ‘‘(2) If the Government of Guam, within 180 days after receiving notification under paragraph (1), notifies the Administrator that the Government of Guam intends to acquire the property under this section, the Admin- istrator shall transfer such property in accordance with subsection (b). Otherwise, the property shall be screened for further Federal use and then, if there is no other Federal use, shall be disposed of in accordance with the Property Act. ‘‘(b) CONDITIONS OF TRANSFER.—(1) Any transfer of ex- cess real property to the Government of Guam may be only for a public purpose and shall be without further consideration. ‘‘(2) All transfers of excess real property to the Gov- ernment of Guam shall be subject to such restrictive covenants as the Administrator, in consultation with the Secretary of Defense, in the case of property re- ported excess by a military department, determines to be necessary to ensure that: (A) the use of the property is compatible with continued military activities on Guam; (B) the use of the property is consistent with the environmental condition of the property; (C) access is available to the United States to conduct any addi- tional environmental remediation or monitoring that may be required; (D) the property is used only for a public purpose and can not be converted to any other use; and (E) to the extent that facilities on the prop- erty have been occupied and used by another Federal agency for a minimum of 2 years, that the transfer to the Government of Guam is subject to the terms and conditions for such use and occupancy. ‘‘(3) All transfers of excess real property to the Gov- ernment of Guam are subject to all otherwise applica- ble Federal laws, except section 2696 of title 10, United States Code, or section 501 of Public Law 100–77 (42 U.S.C. 11411). ‘‘(c) DEFINITIONS.—For the purposes of this section: ‘‘(1) The term ‘Administrator’ means— ‘‘(A) the Administrator of General Services; or ‘‘(B) the head of any Federal agency with the au- thority to dispose of excess real property on Guam. ‘‘(2) The term ‘base closure law’ has the meaning given such term in section 101(a)(17) of title 10, United States Code. ‘‘(3) The term ‘excess real property’ means excess property (as that term is defined in section 3 of the Property Act [now 40 U.S.C. 102]) that is real property and was acquired by the United States prior to the enactment of this section [Nov. 13, 2000]. ‘‘(4) The term ‘Guam National Wildlife Refuge’ in- cludes those lands within the refuge overlay under the jurisdiction of the Department of Defense, identi- fied as DoD lands in figure 3, on page 74, and as sub- merged lands in figure 7, on page 78 of the ‘Final En- vironmental Assessment for the Proposed Guam Na- tional Wildlife Refuge, Territory of Guam, July 1993’ to the extent that the Federal Government holds title to such lands. ‘‘(5) The term ‘public purpose’ means those public benefit purposes for which the United States may dis- pose of property pursuant to section 203 of the Prop- erty Act [now 40 U.S.C. 541 et seq.], as implemented by the Federal Property Management Regulations (41 CFR 101–47) or the specific public benefit uses set forth in section 3(c) of the Guam Excess Lands Act (Public Law 103–339; 108 Stat. 3116), except that such definition shall not include the transfer of land to an individual or entity for private use other than on a nondiscriminatory basis. ‘‘(d) EXEMPTIONS.—Notwithstanding that such prop- erty may be excess real property, the provisions of this section shall not apply— ‘‘(1) to real property on Guam that is declared ex- cess by the Department of Defense for the purpose of transferring that property to the Coast Guard; ‘‘(2) to real property on Guam that is located with- in the Guam National Wildlife Refuge, which shall be transferred according to the following procedure: ‘‘(A) The Administrator shall notify the Govern- ment of Guam and the Fish and Wildlife Service that such property has been declared excess. The Government of Guam and the Fish and Wildlife Service shall have 180 days to engage in discussions toward an agreement providing for the future own- ership and management of such real property. ‘‘(B) If the parties reach an agreement under sub- paragraph (A) within 180 days after notification of the declaration of excess, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Nat- ural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section. ‘‘(C) If the parties do not reach an agreement under subparagraph (A) within 180 days after notifi- cation of the declaration of excess, the Adminis- trator shall provide a report to Congress on the sta- tus of the discussions, together with his rec- ommendations on the likelihood of resolution of differences and the comments of the Fish and Wild- life Service and the Government of Guam. If the subject property is under the jurisdiction of a mili- tary department, the military department may transfer administrative control over the property to the General Services Administration subject to any terms and conditions applicable to such prop- erty. In the event of such a transfer by a military department to the General Services Administra- tion, the Department of the Interior shall be re- sponsible for all reasonable costs associated with Page 40 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 522 the custody, accountability and control of such property until final disposition. ‘‘(D) If the parties come to agreement prior to congressional action, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Nat- ural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section. ‘‘(E) Absent an agreement on the future owner- ship and use of the property, such property may not be transferred to another Federal agency or out of Federal ownership except pursuant to an Act of Congress specifically identifying such property; ‘‘(3) to real property described in the Guam Excess Lands Act (Public Law 103–339; 108 Stat. 3116) which shall be disposed of in accordance with such Act; ‘‘(4) to real property on Guam that is declared ex- cess as a result of a base closure law; or ‘‘(5) to facilities on Guam declared excess by the managing Federal agency for the purpose of transfer- ring the facility to a Federal agency that has occu- pied the facility for a minimum of 2 years when the facility is declared excess together with the min- imum land or interest therein necessary to support the facility. ‘‘(e) DUAL CLASSIFICATION PROPERTY.—If a parcel of real property on Guam that is declared excess as a re- sult of a base closure law also falls within the boundary of the Guam National Wildlife Refuge, such parcel of property shall be disposed of in accordance with the base closure law. ‘‘(f) AUTHORITY TO ISSUE REGULATIONS.—The Admin- istrator of General Services, after consultation with the Secretary of Defense and the Secretary of the Inte- rior, may issue such regulations as he deems necessary to carry out this section.’’ § 522. Reimbursement for transfer of excess prop- erty (a) IN GENERAL.—Subject to subsections (b) and (c), the Administrator of General Services, with the approval of the Director of the Office of Management and Budget, shall prescribe the amount of reimbursement required for a trans- fer of excess property. (b) REIMBURSEMENT AT FAIR VALUE.—The amount of reimbursement required for a trans- fer of excess property is the fair value of the property, as determined by the Administrator, if— (1) net proceeds are requested under section 574(a) of this title; or (2) either the transferor or the transferee agency (or the organizational unit affected) is— (A) subject to chapter 91 of title 31; or (B) an organization specified in section 321(c)(2) of this title. (c) DISTRIBUTION THROUGH GENERAL SERVICES ADMINISTRATION SUPPLY CENTERS.—Excess prop- erty determined by the Administrator to be suitable for distribution through the supply cen- ters of the General Services Administration shall be retransferred at prices set by the Ad- ministrator with due regard to prices estab- lished under section 321(d) of this title. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1083; Pub. L. 109–284, § 6(1), (2), Sept. 27, 2006, 120 Stat. 1212.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 522 ............. 40:483(a)(1) (last sen- tence). June 30, 1949, ch. 288, title II, § 202(a)(1) (last sen- tence), 63 Stat. 384; July 12, 1952, ch. 703, § 1(f), 66 Stat. 593. In subsection (a), the words ‘‘Director of the Office of Management and Budget’’ are substituted for ‘‘Director of the Bureau of the Budget’’ in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget. In subsection (b)(1), the reference to ‘‘section 204(b)’’ in section 202(a)(1) (last sentence) of the Federal Prop- erty and Administrative Services Act of 1949 is trans- lated as a reference to section 204(c) of the Act because subsection (b) was redesignated as (c) by the Act of Au- gust 31, 1954 (ch.1178, 68 Stat. 1051). In subsection (b)(2)(A), the words ‘‘chapter 91 of title 31’’ are substituted for ‘‘the Government Corporation Control Act (59 Stat. 597, 31 U.S.C. 841)’’ in section 202(a)(1) (last sentence) of the Federal Property and Ad- ministrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. In subsection (c), the word ‘‘at’’ is substituted for ‘‘as’’ (in the phrase ‘‘as [sic] prices set by the Adminis- trator’’) to reflect the probable intent of Congress. See Senate Report No. 2075, dated July 2, 1952 (United States Code Congressional and Administrative News, 82nd Congress, 2d Session, 1952, Volume 2, p. 2123). Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–284, § 6(1), struck out ‘‘of this section’’ after ‘‘subsections (b) and (c)’’. Subsec. (b). Pub. L. 109–284, § 6(2), substituted ‘‘at’’ for ‘‘At’’ in heading. § 523. Excess real property located on Indian res- ervations (a) PROCEDURES FOR TRANSFER.—The Adminis- trator of General Services shall prescribe proce- dures 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 recog- nized as eligible for services by the Bureau of In- dian Affairs. (b) PROPERTY HELD IN TRUST.— (1) IN GENERAL.—Except as provided in para- graph (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 res- ervation 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 In- dian tribes recognized by the Secretary if the real property—