[Title 32 CFR 644.432]
[Code of Federal Regulations (annual edition) - July 1, 2004 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter J - REAL PROPERTY]
[Part 644 - REAL ESTATE HANDBOOK]
[Subpart F - Disposal]
[Sec. 644.432 - Assignment to Department of Health, Education, and Welfare (HEW) or successor agencies for health or educational purposes.]
[From the U.S. Government Printing Office]


3242004-07-012002-07-01true644.432Sec. 644.432NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)REAL PROPERTYREAL ESTATE HANDBOOKDisposal
Sec. 644.432  Assignment to Department of Health, Education, and Welfare (HEW) or successor agencies for health or educational purposes.

    (a) Authority. Under section 203(k)(1) of the Federal Property Act 
of 1949, as amended (40 U.S.C. 484(k)(1)) the Administrator, GSA is 
authorized, under such regulations as he may prescribe and in his 
discretion, to assign to the Secretary of HEW for disposal, such surplus 
real property as is recommended by the Secretary of HEW as being needed 
for school, classroom, or other educational use, or for use in the 
protection of public health, including research. The Secretary of HEW is 
authorized under section 203(k)(1), subject to disapproval by the 
Administrator, GSA after notice to him from the Department of Health, 
Education, and Welfare (HEW), to sell or lease surplus real property for 
such purposes. Pursuant to FPMR 101-47.308-4, a military department, 
when acting as disposal agency is authorized to assign property to HEW 
for disposal for education or health purposes and to disapprove, within 
30 days after notice, any transfer of property proposed to be made by 
HEW for such purposes.
    (b) Notice to Department of Health, Education, and Welfare or 
Successor Agencies. When real property is reported to GSA for screening 
prior to disposal by the military department, notification will be given 
HEW by the GSA Regional Office simultaneously with notification to the 
District Engineer that the property has been determined surplus to 
Federal requirements. The District Engineer will furnish such 
notification directly to the appropriate regional representative of the 
Department of HEW in the case of nonreportable real property immediately 
after he determines that the property is surplus to Federal 
requirements. Such notification will include the following information:
    (1) A brief description of the property in sufficient detail to 
enable a determination of its probable suitability for uses authorized 
in section 203(k)(1) of the Act.
    (2) When the property may be inspected and where and how 
arrangements may be made for inspection of the property.
    (3) That the property will be withheld from advertisement for bids 
for a period of 20 days from the time of the notification unless the 
office submitting the notification is sooner informed in writing as to 
whether the property is needed for school, classroom, or other 
educational use, or for use in the protection of public health, 
including research. If within that time notice is received of a known 
potential need, the property will be held for an additional 45 days or 
until a certification of need or request for assignment is received, 
whichever occurs first.
    (4) The District Engineer shall not give such notification to HEW on 
surplus buildings and improvements located on surplus leaseholds where 
their removal from the site will increase the Government's restoration 
obligations under the lease. Where such a situation exists and GSA is to 
screen the property prior to disposal by the Department, GSA should be 
advised to this effect. Where any surplus buildings and improvements (on 
leaseholds or fee-owned land) are available for off-site

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disposal, notification will be given HEW (unless time restrictions 
prohibit as set out in Secs. 644.333 through 644.339 and Secs. 644.348 
through 644.367) but the notification will include the same restoration 
obligations as would be placed in a sale of the property to a private 
party.
    (5) During the 20-day period, action will be taken preparatory to 
advertising the property for sale. All inquiries received concerning 
acquisition of the property for such purposes from the state, or local 
agencies, or qualified organizations seeking the purchase of available 
real property for health or educational purposes will be referred to the 
appropriate field representatives of HEW. If, within the 20-day period, 
HEW shall inform the District Engineer of any known potential 
requirement, the District Engineer will withhold disposition until a 
certification of need is received but not to exceed 45 days.
    (6) Upon receipt from HEW of a certification that the property is 
needed for educational or public health purposes and a request from HEW 
for assignment of the property, if the property is available for such 
purposes, it will be assigned by the responsible District Engineer by 
letter addressed to the HEW office from which the request for assignment 
was received, citing the Act and GSA regulations as authority therefor. 
A copy of such letter of assignment will be furnished to the Regional 
Office of GSA.
    (7) When notification of the proposed disposal is received from HEW, 
subsequent to assignment, if their is no reason for disapproval of the 
proposed disposition, notice from the responsible District Engineer to 
HEW of approval thereof is not necessary. Under section 203(k)(1), 
approval is automatically given in the absence of notice of disapproval 
within 30 days from the date of notification of the proposed disposal. 
If in the request for assignment HEW furnishes the name of the proposed 
transferee and states that an application from the transferee is on file 
and that the proposed use by the transferee is one authorized under 
section 203(k)(1), the District Engineer, in making the assignment to 
HEW, may state that no objection is interposed to the proposed transfer 
of the property.
    (8) GSA has advised that it is not anticipated that the Corps of 
Engineers, in acting as the disposal agency, would investigate each 
request to it by the Department of HEW, because to make such 
investigations in each case would clearly duplicate the function 
assigned to the Department of HEW. Doubtful cases would only arise in 
connection with property for which the highest and best use is 
industrial or commercial, or where further study may be required by the 
Federal Government concerning future requirements for the property. In 
accordance with a further suggestion by GSA, where there is a reasonable 
doubt as to the propriety of an assignment to HEW or a proposed disposal 
by it, the request will be referred to GSA for final decision. Such 
referrals will be made through DAEN-REM.
    (9) The District Engineer making the assignment of the property will 
request HEW to furnish two copies of the sales contract. Upon receipt of 
these copies, together with a request from HEW that the property be 
transferred, custody will be given to the grantee or transferee named in 
the sales contract.