[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Proposed Rules]
[Pages 42792-42796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21404]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-47

RIN: 3090-AG60


Utilization and Disposal of Real Property

AGENCY: General Services Administration.

ACTION: Proposed rule.

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SUMMARY: The General Services Administration proposes to amend the 
public benefit conveyance regulations for utilization and disposal of 
real property to update the regulations and to include implementation 
regulations for new laws. The new regulations incorporate the public 
benefit conveyance of excess Federal Government real property for 
housing, law enforcement, and emergency management purposes. The laws 
that this proposed regulation implements are Pub. L. 105-50, Pub. L. 
105-119 Sec. 118, Pub. L. 98-181, 97 Stat. 1175, and Federal Property 
and Administrative Services Act amendments to 203(k).

DATES: Submit comments on or before October 13, 1998.

ADDRESSES: Address all comments concerning this proposed rule to the 
General Services Administration, Office of Governmentwide Policy, Real 
Property Policy Division (MPR), 1800 F Street, NW, Washington, DC 
20405; Attention: Carol Braegelmann. Comments can also be submitted via 
electronic mail (E-mail) to Carol.B[email protected]. Any attached 
files must be in Microsoft Word 97 or Microsoft Word 6.0.

FOR FURTHER INFORMATION CONTACT: Carol Braegelmann, 202-208-3992.

SUPPLEMENTARY INFORMATION: The General Services Administration (GSA) 
has determined that this rule is not a significant regulatory action 
for the purposes of Executive Order 12866. This rule is not required to 
be published in the Federal Register for notice and comment. Therefore, 
the Regulatory Flexibility Act does not apply. The Paperwork Reduction 
Act does not apply to this action because the proposed changes to the 
Federal Property Management Regulations do not impose reporting, record 
keeping or information collection requirements which require the 
approval of the Office of Management and Budget.

List of Subjects in 41 CFR Part 101-47

    Government property management, Surplus Government property.

    For the reasons stated in the preamble, 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 Part 101-47 continues to read as 
follows:

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


Sec. 101-47.103-4  [Removed and reserved]

    2. Section 101-47.103-4 is removed and reserved.
    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; the Secretary of the Interior in 
connection with provisions in 16 U.S.C. 667b through d, the exercise of 
the authority vested under the provisions of section 203(k)(2) of the 
Act, or a determination under the provisions of section 203(k)(3) of 
the Act; and the Secretary of Housing and Urban Development in 
connection with the exercise of the authority vested under the 
provisions of section 203(k)(6) of the Act will be sent to the offices 
designated by those officials to serve the areas in which the 
properties are located. Similar notices of availability for information 
of the Attorney General and the Director of the Federal Emergency 
Management Agency 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; the Federal Emergency Management Agency; and the Maritime 
Administration, Department of Transportation.
    (c) The Departments of Health and Human Services, Education, 
Interior, Housing and Urban Development, Justice, and Transportation, 
and the Federal Emergency Management Agency 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 Federal agencies are encouraged to advise the 
appropriate GSA regional office of those excess properties which are 
suitable for their programs.
* * * * *
    4. Section Sec. 101-47.204-1 is amended by revising the first 
sentence in paragraph (a), and paragraphs (b) and (c) 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 
Secretary of Housing and Urban Development, the Attorney General, the 
Director of the Federal Emergency Management Agency, and the Secretary 
of Transportation will be notified of the date upon which determination 
as surplus becomes effective. * * *
    (b) The notices to the Secretary of Health and Human Services, the 
Secretary of Education, the Secretary of

[[Page 42793]]

the Interior, the Secretary of Housing and Urban Development, 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 Director of the Federal 
Emergency Management Agency will be sent to the Federal Emergency 
Management Agency. The notices to the Secretary of Transportation will 
be sent to the Federal Aviation Administration, the Federal Highway 
Administration, and 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.
    (c) With regard to surplus property which GSA predetermines will 
not be available for disposal under any of the statutes cited in 
Sec. 101-47.4905, or whenever the holding agency has requested 
reimbursement of the net proceeds of disposition pursuant to section 
204(c) of the Act, the notice to the affected Federal agencies will 
contain advice of such determination or request for reimbursement. The 
affected Federal agencies shall not screen for potential applicants for 
such property.
    5. Section Sec. 101-47.303-2 is amended by revising paragraphs (e), 
(f), and (g) to read as follows:


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

* * * * *
    (e) In the case of property which may be made available for 
assignment to the Secretary of Health and Human Services (HHS), the 
Secretary of Education (ED), the Secretary of the Interior (DOI), or 
the Secretary of Housing and Urban Development (HUD) for disposal under 
sections 203(k)(1), (2), or (6) of the Act:
    (1) The disposal agency shall inform the appropriate offices of 
HHS, ED, NPS, or HUD 3 workdays in advance of the date the notice will 
be given to public agencies, to permit similar notice to be given 
simultaneously by HHS, ED, NPS, or HUD to additional interested public 
bodies and/or nonprofit institutions.
    (2) The disposal agency shall furnish the Federal agencies with a 
copy of the postdated transmittal letter addressed to each public 
agency, copies (not to exceed 25) of the postdated notice, and a copy 
of the holding agency's Report of Excess Real Property (Standard Form 
118, with accompanying schedules).
    (3) As of the date of the transmittal letter and notice to public 
agencies, the affected Federal agencies may proceed with their 
screening functions for any potential applicants and thereafter may 
make their determinations of need and receive applications.
    (f) If the disposal agency is not informed within the 20-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 use, or is not notified by the DOI of a 
potential park or recreation, historic monument, or wildlife 
conservation use, or is not notified by the HUD of a potential self-
help housing or housing assistance requirement, or is not notified by 
the Department of Justice of a potential correctional facilities or law 
enforcement use, or is not notified by the Federal Emergency Management 
Agency of a potential emergency management response use; or is not 
notified by the Department of Transportation of a potential port 
facility or public airport use, it shall be assumed that no public 
agency or otherwise eligible organization 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) Department of Housing and Urban Development;
    (5) Federal Aviation Administration, Department of Transportation;
    (6) Fish and Wildlife Service, Department of the Interior;
    (7) Federal Highway Administration, Department of Transportation;
    (8) Office of Justice Programs, Department of Justice;
    (9) Federal Emergency Management Agency; and
    (10) Maritime Administration, Department of Transportation.
* * * * *


Sec. 101-47.308-5  [Removed and reserved]

    6. Section 101-47.308-5 is removed and reserved.
    7. Section Sec. 101-47.308-6 is revised to read as follows:


Sec. 101-47.308-6  Property for providing self-help housing or housing 
assistance.

    (a) The head of the disposal agency, or his/her designee, is 
authorized, at his/her discretion to assign to the Secretary of the 
Department of Housing and Urban Development (HUD) for disposal under 
section 203(k)(6) of the Act such surplus real property, including 
buildings, fixtures, and equipment situated thereon, as is recommended 
by the Secretary as being needed for providing self-help housing or 
housing assistance for low-income individuals or families.
    (b) With respect to real property and related personal property 
which may be made available for assignment to HUD for disposal under 
Sec. 203(k)(6) of the Act for self-help housing or housing assistance 
purposes, the disposal agency shall notify eligible public agencies, in 
accordance with the provisions of Sec. 101-47.303-2, that such property 
has been determined to be surplus. Such notice to eligible public 
agencies shall state that any planning for self-help housing or housing 
assistance use involved in the development of the comprehensive and 
coordinated plan of use and procurement for the property must be 
coordinated with HUD and that an application form for such use of the 
property and instructions for the preparation and submission of an 
application may be obtained from HUD. The requirement for self-help 
housing or housing assistance use of the property by an eligible public 
agency will be contingent upon the disposal agency's approval under 
paragraph (i) of this section, of a recommendation for assignment of 
Federal surplus real property received from HUD and any subsequent 
transfer shall be subject to the disapproval of the head of the 
disposal agency as stipulated under

[[Page 42794]]

section 203(k)(6)(B) of the Act and referenced in paragraph (j) of this 
section.
    (c) With respect to surplus real property and related personal 
property which may be made available for assignment to HUD for disposal 
under Sec. 203(k)(6) of the Act for self-help housing or housing 
assistance purposes to nonprofit organizations that exist for the 
primary purpose of providing housing or housing assistance for low-
income individuals or families, HUD may notify such eligible nonprofit 
organizations, in accordance with the provisions of Sec. 101-47.303-
2(e), that such property has been determined to be surplus. Any such 
notice to eligible nonprofit organizations shall state that any 
requirement for housing or housing assistance use of the property 
should be coordinated with the public agency declaring to the disposal 
agency an intent to develop and submit a comprehensive and coordinated 
plan of use and procurement for the property. The requirement for self-
help housing or housing assistance use of the property by an eligible 
nonprofit organization will be contingent upon the disposal agency's 
approval, under paragraph (i) of this section, of an assignment 
recommendation received from HUD, and any subsequent transfer shall be 
subject to the disapproval of the head of the disposal agency as 
stipulated under section 203(k)(6)(B) of the Act and referenced in 
paragraph (j) of this section.
    (d) HUD shall notify the disposal agency within 20-calendar days 
after the date of the notice of determination of surplus if it has an 
eligible applicant interested in acquiring the property. Whenever HUD 
has notified the disposal agency within the 20-calendar day period of a 
potential self-help housing or housing assistance requirement for the 
property, HUD shall submit to the disposal agency within 25-calendar 
days after the expiration of the 20-calendar day period, a 
recommendation for assignment of the property, or shall inform the 
disposal agency, within the 25-calendar day period, that a 
recommendation will not be made for assignment of the property.
    (e) Whenever an eligible public agency has submitted a plan of use 
for property for a self-help housing or housing assistance requirement, 
in accordance with the provisions of Sec. 101-47.303-2, the disposal 
agency shall transmit two copies of the plan to the regional office of 
HUD. HUD shall submit to the disposal agency, within 25-calendar days 
after the date the plan is transmitted, a recommendation for assignment 
of the property to the Secretary of HUD, or shall inform the disposal 
agency, within the 25-calendar day period, that a recommendation will 
not be made for assignment of the property to HUD.
    (f) Any assignment recommendation submitted to the disposal agency 
by HUD shall set forth complete information concerning the self-help 
housing or housing assistance use, including:
    (1) Identification of the property;
    (2) Name of the applicant and the size and nature of its program;
    (3) Specific use planned;
    (4) Intended public benefit allowance; and
    (5) Estimate of the value upon which such proposed allowance is 
based; and
    (6) If the acreage or value of the property exceeds the standards 
established by the Secretary, an explanation therefor.

    Note to paragraph (f): HUD shall furnish to the holding agency a 
copy of the recommendation, unless the holding agency is also the 
disposal agency.

    (g) Holding agencies shall cooperate to the fullest extent possible 
with representatives of HUD in their inspection of such property and in 
furnishing information relating thereto.
    (h) In the absence of an assignment recommendation from HUD 
submitted pursuant to Sec. 101-47.308-4(d) or (e), 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 HUD, it shall assign 
the property by letter or other document to the Secretary of HUD. If 
the recommendation is disapproved, the disposal agency shall likewise 
notify the Secretary of HUD. 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 disposal agency's letter of 
assignment, HUD shall furnish to the disposal agency a Notice of 
Proposed Transfer in accordance with section 203(k)(6)(B) of the Act. 
If the disposal agency has not disapproved the proposed transfer within 
30-calendar days of the receipt of the Notice of Proposed Transfer, HUD 
may proceed with the transfer.
    (k) HUD shall furnish the Notice of Proposed Transfer within 35-
calendar days after the disposal agency's letter of assignment and 
shall prepare the transfer documents and take all necessary actions to 
accomplish the transfer within 15-calendar days after the expiration of 
the 30-calendar day period provided for the disposal agency to consider 
the notice. HUD shall furnish the disposal agency two conformed copies 
of deeds, leases or other instruments conveying the property under 
section 203(k)(6) of the Act and all related documents containing 
restrictions or conditions regulating the future use, maintenance or 
transfer of the property.
    (l) HUD has the responsibility for enforcing compliance with the 
terms and conditions of transfer; for the reformation, correction, or 
amendment of any transfer instrument; for the granting of releases; and 
for the taking of any necessary actions for recapturing such property 
in accordance with the provisions of section 203(k)(4) of the Act. HUD 
maintains the same responsibility for properties previously conveyed 
under section 414(a) of the 1969 HUD 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 HUD 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) If any property previously conveyed under section 414(a) of the 
1969 HUD Act, as amended, to an entity other than a public body is used 
for any purpose other than the purpose for which it was sold or leased 
within a period of 30 years of the conveyance, it shall revert to the 
United States (or, in the case of leased property, the lease shall 
terminate) unless the appropriate Secretary (HUD or the Secretary of 
Agriculture (USDA)) and the Administrator of General Services, after 
the expiration of the first 20 years of such period, approve the use of 
the property for such other purpose.
    (n) In each case of repossession under a terminated lease or 
reversion of title by reason of noncompliance with the terms or 
conditions of sale or other cause, HUD (or USDA for property conveyed 
through the former Farmers Home Administration program under section 
414(a) of the 1969 HUD Act) shall, at or prior to such repossession or 
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 the 
appropriate schedules shall be used for this purpose. Upon receipt of 
advice from HUD (or USDA) that such property has been repossessed or 
title has reverted, GSA will act upon the Standard Form 118. The 
grantee shall be required to provide

[[Page 42795]]

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.
    8. Section Sec. 101-47.308-9 is amended by revising the section 
heading, paragraphs (a) through (g), and paragraphs (j) and (k) to read 
as follows:


Sec. 101-47.308-9  Property for correctional facility, law enforcement, 
or emergency management response purposes.

    (a) Under section 203(p)(1) of the Act, the head of the disposal 
agency or designee may, in his/her discretion, convey, without monetary 
consideration, to any State, or to those governmental bodies named 
therein, or to any political subdivision or instrumentality thereof, 
surplus real and related personal property for:
    (1) Correctional facility purposes, provided the Attorney General 
has determined that the property is required for such purposes and has 
approved an appropriate program or project for the care or 
rehabilitation of criminal offenders;
    (2) Law enforcement purposes, provided the Attorney General has 
determined that the property is required for such purposes; and
    (3) Emergency management response purposes, including fire and 
rescue services, provided the Director of the Federal Emergency 
Management Agency has determined that the property is required for such 
purposes.
    (b) The disposal agency shall provide prompt notification to the 
Office of Justice Programs (OJP), Department of Justice (DOJ), and the 
Federal Emergency Management Agency (FEMA) of the availability of 
surplus properties. Included in the notification to OJP and FEMA will 
be a copy of the holding agency's Standard Form 118, Report of Excess 
Real Property, with accompanying schedules.
    (c) With respect to real property and related personal property 
which may be made available for disposal under section 203(p)(1) of the 
Act for correctional facility, law enforcement, or emergency management 
response purposes, OJP or FEMA shall convey notices of availability of 
properties to the appropriate State and local public agencies. Such 
notice shall state that any planning for correctional facility, law 
enforcement, or emergency management response use involved in the 
development of a comprehensive and coordinated plan of use and 
procurement for the property must be coordinated and approved by the 
OJP or FEMA, as appropriate, and that an application form for such use 
of the property and instructions for the preparation and submission of 
an application may be obtained from OJP or FEMA. The requirement for 
correctional facility, law enforcement, or emergency management 
response use of the property by an eligible public agency will be 
contingent upon the disposal agency's approval under paragraph (g) of 
this section of a determination:
    (1) by DOJ that identifies surplus property required for 
correctional facility use under an appropriate program or project for 
the care of rehabilitation of criminal offenders, or for law 
enforcement use; or
    (2) by FEMA that identifies surplus property required for emergency 
management response use.
    (d) OJP or FEMA 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 
OJP or FEMA has notified the disposal agency within the said 20-
calendar day period of a potential correctional facility, law 
enforcement, or emergency management response requirement for the 
property, OJP or FEMA shall submit to the disposal agency within 25-
calendar days after the expiration of the 20-calendar day period, a 
determination indicating a correctional facility requirement for the 
property and approving an appropriate program or project for the care 
or rehabilitation of criminal offenders, a law enforcement requirement, 
or an emergency management response requirement, or shall inform the 
disposal agency, within the 25-calendar day period, that the property 
will not be required for correctional facility, law enforcement, or an 
emergency management response use.
    (e) Any determination submitted to the disposal agency by DOJ or 
FEMA shall set forth complete information concerning the correctional 
facility, law enforcement, or emergency management response use, 
including:
    (1) Identification of the property;
    (2) Certification that the property is required for correctional 
facility, law enforcement, or emergency management response use;
    (3) A copy of the approved application which defines the proposed 
plan of use; and
    (4) The environmental impact of the proposed correctional facility, 
law enforcement, or emergency management response use.
    (f) Both holding and disposal agencies shall cooperate to the 
fullest extent possible with Federal and State agency representatives 
in their inspection of such property and in furnishing information 
relating thereto.
    (g) If, after considering other uses for the property, the disposal 
agency approves the determination by DOJ or FEMA, it shall convey the 
property to the appropriate grantee. If the determination is 
disapproved, or in the absence of a determination from DOJ or FEMA 
submitted pursuant to Sec. 101-47.308-9(d), and received within the 25-
calendar day time limit specified therein, the disposal agency shall 
proceed with other disposal action. The disposal agency shall notify 
OJP or FEMA 10 days prior to any announcement of a determination to 
either approve or disapprove an application for correctional, law 
enforcement, or emergency management response purposes and shall 
furnish to OJP or FEMA a copy of the conveyance documents.
* * * * *
    (j) The OJP or FEMA will notify GSA upon discovery of any 
information indicating a change in use and, upon request, make a 
redetermination of continued appropriateness of the use of a 
transferred property.
    (k) In each case of repossession under a reversion of title by 
reason of noncompliance with the terms of the conveyance documents or 
other cause, OJP or FEMA shall, at or prior to such repossession, 
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 the appropriate 
schedules shall be used for this purpose. Upon receipt of advice from 
OJP or FEMA that such property has been repossessed and/or title has 
reverted, GSA will act upon the Standard Form 118. 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.


Sec. 101-47.4905  [Amended]

    9. Section Sec. 101-47.4905 is amended as follows:
    a. In the paragraphs headed ``Type of property'' under the listings 
for Statutes 40 U.S.C. 484(k)(2), 40 U.S.C. 484(k)(3), and 40 U.S.C. 
484(q), remove the phrase ``military chapels subject to disposal as a 
shrine, memorial, or for religious

[[Page 42796]]

purposes under the provisions of Sec. 101-47.308-5; and (4)'' wherever 
it appears.
    b. Add paragraphs headed ``Statute'', ``Type of property'', and 
``Eligible public agencies'' for statute citation 40 U.S.C. 484(k)(6) 
in numerical order as set forth below.
    c. Revise the paragraphs headed ``Statute'', ``Type of property'', 
and ``Eligible public agencies'' for statute citation 40 U.S.C. 484(p) 
as set forth below.
    d. In the paragraph headed ``Type of property'' under the listing 
for 49 U.S.C. 47151, remove the phrase ``military chapels subject to 
disposal as a shrine, memorial, or for religious purposes under the 
provisions of Sec. 101-47.308-5; and (3)''; and remove the numbers 
``(4)'' and ``(5)'' and add in their place ``(3)'' and ``(4)'' 
respectively.


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

* * * * *
    Statute: 40 U.S.C. 484(k)(6). Disposals for self-help housing and 
housing assistance.
    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; and (3) 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 Housing and Urban Development must recommend that 
the property is needed for providing self-help housing or housing 
assistance for low-income individuals or families.
    Eligible public agencies: Any State, any political subdivision or 
instrumentality of a State, or any nonprofit organization that exists 
for the primary purpose of providing self-help housing or housing 
assistance for low-income individuals or families.
    Statute: 40 U.S.C. 484(p). Disposals for correctional facility, law 
enforcement, or emergency management response 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; and (3) 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 under an appropriate program or project 
approved by the Attorney General for the care or rehabilitation of 
criminal offenders or for law enforcement use. Before property may be 
conveyed under this statute for emergency management response use, the 
Director of the Federal Emergency Management Agency must determine that 
the property is required for such use.
    Eligible public agencies: Any State; the District of Columbia; any 
territory or possession of the United States; and any political 
subdivision or instrumentality thereof.
* * * * *


Sec. 101-47.4906  [Amended]

    10. Amend Sec. 101-47.4906 as follows:
    a. In the list of statutes, add the statute citation ``40 U.S.C. 
484(k)(6) Self-help housing and housing assistance.'' after ``40 U.S.C. 
484(k)(3) Historic monument.''.
    b. In the list of statutes, revise the title of 40 U.S.C. 484(p) to 
read as follows: ``Correctional facility, law enforcement, or emergency 
management response.''.

    Dated: June 18, 1998.
G. Martin Wagner,
Associate Administrator for Government Policy.
[FR Doc. 98-21404 Filed 8-10-98; 8:45 am]
BILLING CODE 6820-23-P