[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Rules and Regulations]
[Pages 35706-35710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16454]



=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-47

[FPMR Amendment H-192]
RIN 3090-AF34


Utilization and Disposal of Real Property; Port Facilities

AGENCY: Public Buildings Service, GSA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Section 2927 of Pub. L. 103-160 (November 30, 1993) amended 
section 203 of the Federal Property and Administrative Services Act of 
1949, as amended, (40 U.S.C. 484) by adding a subsection (q) to provide 
for cost-free conveyances of Federal surplus real property suitable for 
use as port facilities. This regulation is required to implement the 
new subsection. It prescribes the method whereby affected property may 
be assigned to the Secretary of Transportation for subsequent 
conveyance for approved port facility and related economic development 
programs.

EFFECTIVE DATE: July 11, 1995.

FOR FURTHER INFORMATION CONTACT: Stanley C. Langfeld, Director, Real 
Property Policy Division, Office of Governmentwide Real Property 
Policy, Public Buildings Service, General Services Administration (202) 
501-1256.

SUPPLEMENTARY INFORMATION: The General Services Administration (GSA) is 
amending its regulations to include procedures for making conveyances 
of Federal surplus real property to nonfederal political bodies for 
port facility and related economic development purposes.

    GSA has determined that this rule is not a significant regulatory 
action for the purposes of Executive Order 12866. The rule is written 
to ensure maximum benefits to Federal agencies. This Governmentwide 
management regulation will have little or no cost effect on society. 
Therefore, the rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.)

List of subjects in 41 CFR Part 101-47

    Government property management, Surplus Government property.

    For the reasons set out in the preamble, 41 CFR part 101-47 is 
amended as follows:

PART 101-47--UTILIZATION AND DISPOSAL OF REAL PROPERTY

    1. The authority citation for part 101-47 is revised to read as 
follows:

    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).
Subpart 101-47.2--Utilization of Excess Real Property

    2.-3. Section 101-47.203-5 is amended by revising paragraphs (b) 
and (c) to read as follows:


Sec. 101-47.203-5  Screening of excess real property.

* * * * *
    (b) Notices of availability for information of the Secretary of 
Health and Human Services and the Secretary of Education in connection 
with the exercise of the authority vested under the provisions of 
section 203(k)(1) of the Act, and for information of the Secretary of 
the Interior in connection with the exercise of the authority vested 
under the provisions of section 203(k)(2) of the Act or a possible 
determination under the provisions of section 203(k)(3) of the Act, 
will be sent to the offices designated by the Secretaries to serve the 
areas in which the properties are located. Similar notices of 
availability for information of the Attorney General in connection with 
a possible determination under the provisions of section 203(p)(1) of 
the Act, and for information of the Secretary of Transportation in 
connection with the exercise of the authority vested under the 
provisions of section 203(q) of the Act, will be respectively sent to 
the Office of Justice Programs, Department of Justice, and the Maritime 
Administration, Department of Transportation.
    (c) The Departments of Health and Human Services, Education, 
Interior, Justice, and Transportation shall not attempt to interest a 
local applicant in a property until it is determined surplus, except 
with the prior consent of GSA on a case-by-case basis or as otherwise 
agreed upon. When such consent is obtained, the local applicant shall 
be informed that consideration of the application is conditional upon 
the property being determined surplus to Federal requirements and made 
available for the purposes of the application. However, these 
Departments are encouraged to advise the appropriate GSA regional 
office of those excess properties which are suitable for their 
programs.
* * * * *
    3. Section 101-47.204-1 is amended by revising paragraphs (a) and 
(b) to read as follows:


Sec. 101-47.204-1  Reported property.

* * * * *
    (a) The holding agency, the Secretary of Health and Human Services, 
the Secretary of Education, the Secretary of the Interior, the Attorney 
General, and the Secretary of Transportation will be notified of the 
date upon which determination as surplus becomes effective. Any Federal 
agency that has identified a property as being required for replacement 
housing for displaced persons under section 218 of the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970 will also be notified of the date upon which determination as 
surplus becomes effective. The Secretary of the Department of Energy 
will be notified when real property is determined surplus and advised 
of any known interest in the property for its use or development for 
energy facilities. Appropriate steps will be taken to ensure that 
energy site needs are considered along with other competing needs in 
the disposal of surplus real property, since such property may become 
available for use under sections 203(e)(3) (G) and (H) of the Act.
    (b) The notices to the Secretary of Health and Human Services, the 

[[Page 35707]]
    Secretary of Education, the Secretary of the Interior, and the 
Secretary of Energy will be sent to the offices designated by them to 
serve the area in which the property is located. The notices to the 
Attorney General will be sent to the Office of Justice Programs, 
Department of Justice. The notices to the Secretary of Transportation 
will be sent to the Maritime Administration. The notices to the Federal 
agencies having a requirement pursuant to section 218 of the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970 will be sent to the office making the request unless another 
office is designated.
* * * * *

Subpart 101-47.3--Surplus Real Property Disposal

    4. Section 101-47.303-2 is amended by revising paragraphs (d), (f), 
and (g) to read as follows:


Sec. 101-47.303-2  Disposals to public agencies.

* * * * *
    (d) A copy of the notice described in paragraph (b) of this section 
shall be furnished to the appropriate regional or field offices of (1) 
the National Park Service (NPS) and the Fish and Wildlife Service of 
the Department of the Interior and (2) the Federal Aviation 
Administration, the Federal Highway Administration, and the Maritime 
Administration of the Department of Transportation concerned with the 
disposal of property to public agencies under the statutes named in the 
notice.
* * * * *
    (f) If the disposal agency is not informed within the 29-calendar-
day period provided in the notice of the desire of a public agency to 
acquire the property under the provisions of the statutes listed in 
Sec. 101-47.4905, or is not notified by ED or HHS of a potential 
educational or public health requirement, or is not notified by the 
Department of the Interior of a potential park or recreation 
requirement, or is not notified by the Department of Justice (DOJ) of a 
potential correctional facilities use, or is not notified by the 
Department of Transportation (DOT) of a potential port facility use; it 
shall be assumed that no public agency or nonprofit institution desires 
to procure the property. (The requirements of this Sec. 101-47.303-2(f) 
shall not apply to the procedures for making Federal surplus real 
property available to assist the homeless in accordance with Section 
501 of the Stewart B. McKinney Homeless Assistance Act, as amended (42 
U.S.C. 11411).)
    (g) The disposal agency shall promptly review each response of a 
public agency to the notice given pursuant to paragraph (b) of this 
section. The disposal agency shall determine what constitutes a 
reasonable period of time to allow the public agency to develop and 
submit a formal application for the property or its comments as to the 
compatibility of the disposal with its development plans and programs. 
When making such determination, the disposal agency shall give 
consideration to the potential suitability of the property for the use 
proposed, the length of time the public agency has stated it will 
require for its action, the protection and maintenance costs to the 
Government during such length of time, and any other relevant facts and 
circumstances. The disposal agency shall coordinate such review and 
determination with the proper office of any interested Federal agencies 
listed below:
    (1) National Park Service, Department of the Interior;
    (2) Department of Health and Human Services;
    (3) Department of Education;
    (4) Federal Aviation Administration, Department of Transportation;
    (5) Fish and Wildlife Service, Department of the Interior;
    (6) Federal Highway Administration, Department of Transportation;
    (7) Office of Justice Programs, Department of Justice; and
    (8) Maritime Administration, Department of Transportation.
* * * * *
    5. Section 101-47.308-2 is amended by revising paragraph (a) to 
read as follows:


Sec. 101-47.308-2  Property to public airports.

    (a) Pursuant and subject to the provisions of section 13(g) of the 
Surplus Property Act of 1944 (49 U.S.C. 47151), airport property may be 
conveyed or disposed of to a State, political subdivision, 
municipality, or tax-supported institution for a public airport. 
Airport property is any surplus real property including improvements 
and personal property located thereon as a part of the operating unit 
(exclusive of property the highest and best use of which is determined 
by the Administrator of General Services to be industrial and which 
shall be so classified for disposal without regard to the provisions of 
this section) which, in the determination of the Administrator of the 
Federal Aviation Administration (FAA) is essential, suitable, or 
desirable for the development, improvement, operation, or maintenance 
of a public airport, as defined in the Federal Airport Act, as amended 
(49 U.S.C. 1101), or reasonably necessary to fulfill the immediate and 
foreseeable future requirements of the grantee for the development, 
improvement, operation, or maintenance of a public airport, including 
property needed to develop sources of revenue from nonaviation 
businesses at a public airport.
* * * * *
    6. Section 101-47.308-10 is added to read as follows:


Sec. 101-47.308-10  Property for port facility use.

    (a) Under section 203(q)(1) of the Act, in his/her discretion, the 
Administrator, the Secretary of the Department of Defense (DOD) in the 
case of property located at a military installation closed or realigned 
pursuant to a base closure law, or the designee of either of them, may, 
as the disposal agency, assign to the Secretary of the Department of 
Transportation (DOT) for conveyance, without monetary consideration, to 
any State, or to those governmental bodies named therein, or to any 
political subdivision, municipality, or instrumentality thereof, such 
surplus real and related personal property, including buildings, 
fixtures, and equipment situated thereon, as is recommended by DOT as 
being needed for the development or operation of a port facility.
    (b) The disposal agency shall notify established State and regional 
or metropolitan clearinghouses and eligible public agencies, in 
accordance with the provisions of Sec. 101-47.303-2, that property 
which may be disposed of for use in the development or operation of a 
port facility has been determined to be surplus. A copy of such notice 
shall be transmitted to DOT accompanied by a copy of the holding 
agency's Report of Excess Real Property (Standard Form 118 and 
supporting schedules).
    (c) The notice to eligible public agencies shall state:
    (1) that any planning for the development or operation of a port 
facility, involved in the development of the comprehensive and 
coordinated plan of use and procurement for the property, must be 
coordinated with DOT;
    (2) that any party interested in acquiring the property for use as 
a port facility must contact the Department of Transportation, Maritime 
Administration, for instructions concerning submission of an 
application; and
    (3) that the requirement for use of the property in the development 
or operation of a port facility will be contingent upon approval by the 


[[Page 35708]]
disposal agency, under paragraph (i) of this section, of a 
recommendation from DOT for assignment of the property to DOT and that 
any subsequent conveyance shall be subject to the disapproval of the 
head of the disposal agency as stipulated under section 203(q)(2) of 
the Act and referenced in paragraph (j) of this subsection.
    (d) DOT shall notify the disposal agency within 20 calendar-days 
after the date of the notice of determination of surplus if there is an 
eligible applicant interested in acquiring the property. Whenever the 
disposal agency, has been so notified of a potential port facility 
requirement for the property, DOT shall submit to the disposal agency, 
within 25 calendar-days after the expiration of the 20-calendar-day 
notification period, either a recommendation for assignment of the 
property or a statement that a recommendation will not be submitted.
    (e) Whenever an eligible public agency has submitted a plan of use 
for property for a port facility requirement, in accordance with the 
provisions of Sec. 101-47.303-2, the disposal agency shall transmit two 
copies of the plan to DOT. DOT shall either submit to the disposal 
agency, within 25 calendar-days after the date the plan is transmitted, 
a recommendation for assignment of the property to DOT, or inform the 
disposal agency, within the 25-calendar-day period, that a 
recommendation will not be made for assignment of the property to DOT.
    (f) Any assignment recommendation submitted to the disposal agency 
by DOT shall be accompanied by a copy of the explanatory statement 
required under section 203(q)(3)(C) of the Act and shall set forth 
complete information concerning the contemplated port facility use, 
including:
    (1) an identification of the property;
    (2) an identification of the applicant;
    (3) a copy of the approved application, which defines the proposed 
plan of use of the property;
    (4) a statement that DOT's determination that the property is 
located in an area of serious economic disruption was made in 
consultation with the Secretary of Labor; and
    (5) a statement that DOT's approval of the economic development 
plan associated with the plan of use of the property was made in 
consultation with the Secretary of Commerce.
    (g) Holding agencies shall cooperate to the fullest extent possible 
with representatives of DOT and the Secretary of Commerce in their 
inspection of such property, and of the Secretary of Labor in affirming 
that the property is in an area of serious economic disruption, and in 
furnishing any information relating thereto.
    (h) In the absence of an assignment recommendation from DOT 
submitted pursuant to paragraph (d) or (e) of this section, and 
received within the 25-calendar-day time limit specified therein, the 
disposal agency shall proceed with other disposal action.
    (i) If, after considering other uses for the property, the disposal 
agency approves the assignment recommendation from DOT, it shall assign 
the property by letter or other document to DOT. If the recommendation 
is disapproved, the disposal agency shall likewise notify DOT. The 
disposal agency shall furnish to the holding agency a copy of the 
assignment, unless the holding agency is also the disposal agency.
    (j) Subsequent to the receipt of the letter of assignment from the 
disposal agency, DOT shall furnish to the disposal agency, a Notice of 
Proposed Conveyance in accordance with section 203(q)(2) of the Act. If 
the disposal agency has not disapproved the proposed transfer within 35 
calendar-days of the receipt of the Notice of Proposed Conveyance, DOT 
may proceed with the conveyance.
    (k) DOT shall furnish the Notice of Proposed Conveyance within 35 
calendar-days after the date of the letter of assignment from the 
disposal agency, prepare the conveyance documents, and take all 
necessary actions to accomplish the conveyance within 15 calendar-days 
after the expiration of the 30-calendar-day period provided for the 
disposal agency to consider the notice. DOT shall furnish the disposal 
agency two conformed copies of the instruments conveying property under 
subsection 203(q) of the Act and all related documents containing 
restrictions or conditions regulating the future use, maintenance, or 
transfer of the property.
    (l) DOT has the responsibility for enforcing compliance with the 
terms and conditions of conveyance; for reformation, correction, or 
amendment of any instrument of conveyance; for the granting of release; 
and for the taking of any necessary actions for recapturing such 
property in accordance with the provisions of subsection 203(q)(4) of 
the Act. Any such action shall be subject to the disapproval of the 
head of the disposal agency. Notice to the head of the disposal agency, 
by DOT, of any action proposed to be taken shall identify the property 
affected, set forth in detail the proposed action, and state the 
reasons therefor.
    (m) In each case of repossession under a reversion of title by 
reason of noncompliance with the terms or conditions of conveyance or 
other cause, DOT shall, at or prior to such reversion of title, provide 
the appropriate GSA regional office, with an accurate description of 
the real and related personal property involved. Standard Form 118, 
Report of Excess Real Property, and appropriate accompanying schedules 
shall be used for this purpose. Upon receipt of advice from DOT that 
such property has been repossessed, GSA will review and act upon the 
Standard Form 118. However, the grantee shall be required to provide 
protection and maintenance for the property until such time as the 
title reverts to the Federal Government, including the period of any 
notice of intent to revert. Such protection and maintenance shall, at a 
minimum, conform to the standards prescribed in Sec. 101-47.4913.

Subpart 101-47.49--Illustrations

    7. Section 101-47.4905 is revised to read as follows:


Sec. 101-47.4905  Extract of statutes authorizing disposal of surplus 
real property to public agencies.

    Statute: 16 U.S.C. 667b-d. Disposals for wildlife conservation 
purposes.
    Type of property*: Any surplus real property (with or without 
improvements) that can be utilized for wildlife conservation purposes 
other than migratory birds, exclusive of (1) oil, gas, and mineral 
rights, and (2) property which the holding agency has requested 
reimbursement of the net proceeds of disposition pursuant to section 
204(c) of the Act.
    Eligible public agency: The agency of the State exercising the 
administration of the wildlife resources of the State.

    Statute: 23 U.S.C. 107 and 317. Disposals for Federal aid and other 
highways.
    Type of property *: Any real property or interests therein 
determined by the Secretary of Transportation to be reasonably 
necessary for the right-of-way of a Federal aid or other highway 
(including control of access thereto from adjoining lands) or as a 
source of material for the construction or maintenance of any such 
highway adjacent to such real property or interest therein, exclusive 
of (1) oil, gas, and mineral rights; and (2) property which the holding 
agency has requested reimbursement of the net proceeds of disposition 
pursuant to section 204(c) of the Act.
    Eligible public agency: State wherein the property is situated (or 
such political subdivision of the State as its law may provide), 
including the District 

[[Page 35709]]
of Columbia and Commonwealth of Puerto Rico.

    Statute: 40 U.S.C. 122. Transfer to the District of Columbia of 
jurisdiction over properties within the District for administration and 
maintenance under conditions to be agreed upon.
    Type of property: Any surplus real property, except property for 
which the holding agency has requested reimbursement of the net 
proceeds of disposition pursuant to section 204(c) of the Act.
    Eligible public agency: District of Columbia.

    Statute: 40 U.S.C. 345c. Disposals for authorized widening of 
public highways, streets, or alleys.
    Type of property *: Such interest in surplus real property as the 
head of the disposal agency determines will not be adverse to the 
interests of the United States, exclusive of (1) oil, gas and mineral 
rights; (2) property subject to disposal for Federal aid and other 
highways under the provisions of 3 U.S.C. 107 and 317; and (3) property 
which the holding agency has requested reimbursement of the net 
proceeds of disposition pursuant to section 204(c) of the Act.
    Eligible public agency: State or political subdivision of a State.

    Statute: 40 U.S.C. 484(e)(3)(H). Disposals by negotiations.
    Type of property: Any surplus real property including related 
personal property.
    Eligible public agency: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality, 
political subdivision, or tax-supported agency in any of them.

    Statute: 40 U.S.C. 484(k)(1)(A). Disposals for school, classroom, 
or other educational purposes.
    Type of property *: Any surplus real property, including buildings, 
fixtures, and equipment situated thereon, exclusive of (1) oil, gas, 
and mineral rights; and (2) property which the holding agency has 
requested reimbursement of the net proceeds of disposition pursuant to 
section 204(c) of the Act.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality, 
political subdivision, or tax-supported educational institution in any 
of them.

    Statute: 40 U.S.C. 484(k)(1)(B). Disposals for public health 
purposes including research.
    Type of property *: Any surplus real property, including buildings, 
fixtures, and equipment situated thereon, exclusive of (1) oil, gas, 
and mineral rights; and (2) property which the holding agency has 
requested reimbursement of the net proceeds of disposition pursuant to 
section 204(c) of the Act.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality, 
political subdivision, or tax-supported medical institution in any of 
them.

    Statute: 40 U.S.C. 484(k)(2). Disposals for public park or 
recreation areas.
    Type of property*: Any surplus real property recommended by the 
Secretary of the Interior as being needed for use as a public park or 
recreation area, including buildings, fixtures, and equipment situated 
thereon, exclusive of (1) oil, gas, and mineral rights; (2) 
improvements without land; (3) military chapels subject to disposal as 
a shrine, memorial, or for religious purposes under the provisions of 
Sec. 101-47.308-5; and (4) property which the holding agency has 
requested reimbursement of the net proceeds of disposition pursuant to 
section 204(c) of the Act.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality 
or political subdivision in any of them.

    Statute: 40 U.S.C. 484(k)(3). Disposals for historic monuments.
    Type of property: Any surplus real and related personal property, 
including buildings, fixtures, and equipment situated thereon, 
exclusive of (1) oil, gas, and mineral rights; (2) improvements without 
land; (3) military chapels subject to disposal as a shrine, memorial, 
or for religious purposes under the provisions of Sec. 101-47.308-5; 
and (4) property which the holding agency has requested reimbursement 
of the net proceeds of disposition pursuant to section 204(c) of the 
Act. Before property may be conveyed under this statute, the Secretary 
of the Interior must determine that the property is suitable and 
desirable for use as a historic monument for the benefit of the public. 
No property shall be determined to be suitable or desirable for use as 
a historic monument except in conformity with the recommendation of the 
Advisory Board on National Parks, Historic Sites, Buildings, and 
Monuments established by section 3 of the act entitled ``An Act for the 
preservation of historic American sites, buildings, objects, and 
antiquities of national significance, and for other purposes,'' 
approved Aug. 21, 1935 (49 Stat. 666), and only so much of any such 
property shall be so determined to be suitable or desirable for such 
use as is necessary for the preservation and property observation of 
its historic features. The Administrator of General Services may 
authorize the use of the property conveyed under this subsection for 
revenue-producing activities if the Secretary of the Interior (1) 
determines that such activities are compatible with use of the property 
for historic monument purposes, (2) approves the grantee's plan for 
repair, rehabilitation, restoration, and maintenance of the property, 
(3) approves grantee's plan for financing repairs, rehabilitation, 
restoration, and maintenance of the property which must provide that 
incomes in excess of the costs of such items shall be used by the 
grantee only for public historic preservation, park, or recreational 
purposes, and (4) approves the grantee's accounting and financial 
procedures for recording and reporting on revenue-producing activities.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality 
or political subdivision in any of them.

    Statute: 40 U.S.C. 484(p). Disposals for correctional facilities.
    Type of property: Any surplus real and related personal property, 
including buildings, fixtures, and equipment situated thereon, 
exclusive of (1) oil, gas, and mineral rights; (2) improvements without 
land; (3) military chapels subject to disposal as a shrine, memorial, 
or for religious purposes under the provisions of Sec. 101-47.308-5; 
and (4) property which the holding agency has requested reimbursement 
of the net proceeds of disposition pursuant to section 204(c) of the 
Act. Before property may be conveyed under this statute, the Attorney 
General must determine that the property is required for correctional 
facility use and approve an appropriate program or project for the care 
or rehabilitation of criminal offenders.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality 
or political subdivision in any of them.

    Statute: 40 U.S.C. 484(q). Disposals for port facility purposes.
    Type of property: Any surplus real and related personal property, 
including buildings, fixtures, and equipment situated thereon, 
exclusive of (1) oil, gas, and mineral rights; (2) improvements without 
land; (3) military chapels subject to disposal as a shrine, memorial, 
or for religious purposes under the provisions of Sec. 101-47.308-5; 
and (4) property which the holding 

[[Page 35710]]
agency has requested reimbursement of the net proceeds of disposition 
pursuant to section 204(c) of the Act. Before property may be conveyed 
under this statute, the Secretary of Transportation must determine, 
after consultation with the Secretary of Labor, that the property is 
located in an area of serious economic disruption; and approve, after 
consultation with the Secretary of Commerce, an economic development 
plan associated with the plan of use of the property.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any instrumentality 
or political subdivision in any of them.
    Statute: 49 U.S.C. 47151. Disposals for public airport purposes.
    Type of property*: Any surplus real or personal property, exclusive 
of (1) oil, gas and mineral rights; (2) military chapels subject to 
disposal as a shrine, memorial or for religious purposes under the 
provisions of Sec. 101-47.308-5; (3) property subject to disposal as a 
historic monument site under the provisions of Sec. 101-47.308-3; (4) 
property the highest and the best use of which is determined by the 
disposal agency to be industrial and which shall be so classified for 
disposal, and (5) property which the holding agency has requested 
reimbursement of the net proceeds of disposition pursuant to section 
204(c) of the Act.
    Eligible public agencies: Any State, the District of Columbia; any 
territory or possession of the United States; and any instrumentality 
or political subdivision in any of them.

    Statute: 50 U.S.C. App. 1622(d). Disposals of power transmission 
lines needful for or adaptable to the requirements of a public power 
project.
    Type of property*: Any surplus power transmission line and the 
right-of-way acquired for its construction.
    Eligible public agency: Any State or political subdivision thereof 
or any State agency or instrumentality.

    *The Commissioner, Public Buildings Service, General Services 
Administration, Washington, DC 20405, in appropriate instances, may 
waive any exclusions listed in this description, except for those 
required by law.

    8. Section 101-47.4906 is revised to read as follows:


Sec. 101-47.4906  Sample notice to public agencies of surplus 
determination.

Notice of Surplus Determination--Government Property
----------------------------------------------------------------------
(Date)

----------------------------------------------------------------------
(Name of property)

----------------------------------------------------------------------
(Location)

    Notice is hereby given that the above described property has been 
determined to be surplus Government property. The property consists of 
________ acres of fee land, more or less, together with easements and 
improvements as follows:
    This property is surplus property available for disposal under the 
provisions of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.), as amended, certain related laws, and 
applicable regulations. The applicable regulations provide that non-
Federal public agencies shall be allowed a reasonable period of time to 
submit a formal application for surplus real property in which they may 
be interested. Disposal of this property, or portions thereof, may be 
made to public agencies for the public uses listed below whenever the 
Government determines that the property is available for such uses and 
that disposal thereof is authorized by the statutes cited and 
applicable regulations. (Note: List only those statutes and types of 
disposal appropriate to the particular surplus property described in 
the notice.)

16 U.S.C. 667b-d...................  Wildlife conservation.             
23 U.S.C. 107 and 317..............  Federal aid and certain other      
                                      highways.                         
40 U.S.C. 122......................  Transfer to the District of        
                                      Columbia.                         
40 U.S.C. 345c.....................  Widening of highways, streets, or  
                                      alleys.                           
40 U.S.C. 484(e)(3)(H).............  Negotiated sales for general public
                                      purpose uses. (Note: This statute 
                                      should not be listed if the       
                                      affected surplus property has an  
                                      estimated value of less than      
                                      $10,000.)                         
40 U.S.C. 484(k)(1)(A).............  School, classroom, or other        
                                      educational purposes.             
40 U.S.C. 484(k)(1)(B).............  Protection of public health,       
                                      including research.               
40 U.S.C. 484(k)(2)................  Public park or recreation area.    
40 U.S.C. 484(k)(3)................  Historic monument.                 
40 U.S.C. 484(p)...................  Correctional facility.             
40 U.S.C. 484(q)...................  Port facility.                     
49 U.S.C. 47151....................  Public airport.                    
50 U.S.C. App. 1622(d).............  Power transmission lines.          
                                                                        

    If any public agency desires to acquire the property under any of 
the cited statutes, notice thereof must be filed in writing with
(Insert name and address of disposal agency):

----------------------------------------------------------------------
Such notice must be filed not later than-------------------------------
(Insert date of the 21st day following the date of the notice.)

    Each notice so filed shall:
    (a) Disclose the contemplated use of the property;
    (b) Contain a citation of the applicable statute or statutes under 
which the public agency desires to procure the property;
    (c) Disclose the nature of the interest if an interest less than 
fee title to the property is contemplated;
    (d) State the length of time required to develop and submit a 
formal application for the property. (Where a payment to the Government 
is required under the statute, include a statement as to whether funds 
are available and, if not, the period required to obtain funds.); and
    (e) Give the reason for the time required to develop and submit a 
formal application.
    Upon receipt of such written notices, the public agency shall be 
promptly informed concerning the period of time that will be allowed 
for submission of a formal application. In the absence of such written 
notice, or in the event a public use proposal is not approved, the 
regulations issued pursuant to authority contained in the Federal 
Property and Administrative Services Act of 1949 provide for offering 
the property for sale.
    Application forms or instructions to acquire property for the 
public uses listed in this notice may be obtained by contacting the 
following Federal agencies for each of the indicated purposes:

(Note: For each public purpose statute listed in this notice, show 
the name, address, and telephone number of the Federal agency to be 
contacted by interested public body applicants.)

    Dated: June 27, 1995.
Julia M. Stasch,
Acting Administrator of General Services.
[FR Doc. 95-16454 Filed 7-10-95; 8:45 am]
BILLING CODE 6820-96-M