[Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
[Proposed Rules]
[Pages 33580-33581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16161]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-47

RIN 3090-AG53


Utilization and Disposal of Real Property

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule amends certain sections of the regulations 
issued by the General Services Administration (GSA) pertaining to the 
disposal of government-owned improvements and related personal property 
on surplus land. This action is being undertaken to establish $15,000 
as the maximum value of surplus property and improvements that agencies 
may dispose of through abandonment, destruction, or donation without 
prior GSA concurrence. The rule is intended to clarify and make 
consistent the extent of agencies' discretion to dispose of government-
owned improvements and related personal property.

DATES: Comments must be received on or before August 19, 1997.

ADDRESSES: Written comments should be sent to the Office of Property 
Disposal (PR), General Services Administration, Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: John Q. Martin, Acting Director, 
Redeployment Services Division (202) 501-0067.

SUPPLEMENTARY INFORMATION:

A. Executive Order 12866

    The General Services Administration (GSA) has determined that this 
is not a significant rule for the purposes of Executive Order 12866 of 
September 30, 1993, because it is not likely to result in any of the 
impacts noted in Executive Order 12866, affect the rights of specified 
individuals, or raise issues

[[Page 33581]]

arising from the policies of the Administration. GSA has based all 
administrative decisions underlying this rule on adequate information 
concerning the need for and consequences of the rule; has determined 
that the potential benefits to society from this rule outweigh the 
potential costs; has maximized the net benefits; and has chosen the 
alternative approach involving the least net cost to society. This is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    This proposed rule is not required to be published in the Federal 
Register for public comment, therefore the Regulatory Flexibility Act 
does not apply.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
revisions do not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public which require the approval of OMB 
under 44 U.S.C. 501 et seq.

List of Subjects in 41 CFR Part 101-47

    Government property management, Surplus Government property.

    Therefore, it is proposed that 41 CFR part 101-47 be amended as set 
forth below:

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

    1. The authority citation for 41 CFR part 101-47 continues to read 
as follows:

    Authority: 40 U.S.C. 486(c).

Subpart 101-47.5--Abandonment, Destruction, or Donation to Public 
Bodies

    2. Section 101-47.501-4 is revised to read as follows:


Sec. 101-47.501-4  Findings.

    (a) Property shall not be abandoned, destroyed, or donated by a 
Federal agency under Sec. 101-47.501-2, unless a duly authorized 
official of that agency finds, in writing, either that:
     (1) Such property has a current appraised fair market value of not 
more than $15,000, or
    (2) The estimated cost of its continued care and handling would 
exceed the estimated proceeds from its sale. Such finding shall not be 
made by any official directly accountable for the property covered 
thereby.
    (b) Whenever all the property proposed to be disposed of hereunder 
by a Federal agency at any one location at any one time has a current 
appraised fair market value in excess of $15,000, findings made under 
Sec. 101-47.501-4(a), shall be approved by a reviewing authority before 
any such disposal.
    3. Section 101-47.502-1 is revised to read as follows:


Sec. 101-47.502-1  Cost limitations.

    Improvements on land or related personal property with a current 
appraised fair market value in excess of $15,000 shall be donated to 
public bodies only with the prior concurrence of GSA. The request for 
such concurrence shall be made to the regional office of GSA for the 
region where the property is located. This section applies to 
improvements only; land, regardless of value, shall be donated to 
public bodies only with prior concurrence of GSA.
    4. Section 101-47.503-1 is amended by revising paragraph (c) to 
read as follows:


Sec. 101-47.503-1  General.

* * * * *
    (c) The concurrence of GSA shall be obtained prior to the 
abandonment or destruction of improvements on land or related personal 
property.
    (1) Which has a current appraised fair market value in excess of 
$15,000, or
    (2) Which are of permanent type construction, or
    (3) Where their retention would enhance the value of the underlying 
land, if it were to be made available for sale or lease.
    5. Section 101-47.503-3 is revised to read as follows:


Sec. 101-47.503-3  Abandonment or destruction without notice.

    If
    (a) The property has a current appraised fair market value of not 
more than $15,000; or
    (b) The cost of its care and handling is so great that its 
retention in order to post public notice is clearly not economical; or
    (c) Immediate abandonment or destruction is required by 
consideration of health, safety, or security; or
    (d) The assigned mission of the agency might be jeopardized by the 
delay, and a finding with respect to paragraph (a), (b), (c), or (d) of 
this section, is made in writing by a duly authorized official of the 
Federal agency and approved by a reviewing authority, abandonment or 
destruction may be made without public notice. Such finding shall be in 
addition to the findings prescribed in Secs. 101-47.501-4 and 101-
47.503-1(a).

    Dated: June 4, 1997.
G. Martin Wagner,
Associate Administrator, Office of Governmentwide Policy.
[FR Doc. 97-16161 Filed 6-19-97; 8:45 am]
BILLING CODE 6820-23-P