Disposal of Federal Surplus Real Property
Published on AidPage by IDILOGIC
on Jun 24, 2005
Purpose of this program:
To dispose of surplus real property by lease, permits, sale, exchange, or donation.
Possible uses and use restrictions...
Surplus real and related personal property may be conveyed for: public park or recreation use and public health or educational purposes at discounts up to 100 percent; public airport purposes, wildlife conservation, correctional facility, replacement housing and for historic monument purposes without monetary consideration; and for general public purposes without restrictions at a negotiated price of not less than the estimated fair market value of the property. Properties are made available for discount conveyance where the public purposes to be served reflect the highest and best use of the property. Properties determined suitable by the Department of Housing and Urban Development may be made available by permit, lease, or deed for homeless assistance use. Restrictions: Surplus real property conveyed for public park or recreation use, historic monument, public airport use, correctional facility use and wildlife conservation use must be used for the purposes so conveyed in perpetuity. Property conveyed for health (including homeless) or education use must be used for those purposes for a period of not less than 30 years. Properties made available for homeless use by lease or permit must be used for that purpose for a period of not less than one year, unless the provider requests a shorter term. Surplus real property which is not deeded to public bodies or made available for homeless purposes is generally offered for sale to the public on a competitive bid basis.
Who is eligible to apply...
State and local government agencies are eligible to apply for surplus real property for park, recreation, correctional facility, historic monument, public airport, health, educational, homeless, replacement housing, and general public purposes. Eligibility for property for wildlife conservation use, other than for migratory birds, is limited to the States. Tax-supported and nonprofit medical and educational institutions which have been held exempt from taxation under 501(c) (3) of the Internal Revenue Code are also eligible to apply for property for health, educational and homeless use.
The applicant must submit a proposed program of use of the property and evidence of its ability to finance the program.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
Applications for health and homeless assistance use are submitted to the Department of Health and Human Services (HHS) which requests assignment of the property from GSA; applications for educational use are submitted to the Department of Education which requests assignment of the property from GSA; applications for park and recreation use are submitted to the National Park Service, Department of the Interior which requests assignment of the property from GSA, applications for correctional use are submitted to the Office of Justice Programs, Department of Justice. Applications for other uses are submitted to GSA, which then obtains the recommendation of the Federal agency which sponsors the use program.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
When possible, awards are made through the participating agency. Other awards are made to State or local units of government by the Administrator of GSA.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
Advice of interest must be submitted within 20 days from date notice of availability of the property was released. Reasonable time thereafter is allowed for the filing of applications.
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
From 1 to 3 months.
Applicants for property coordinate with other Federal agencies as follows: health and homeless use-- Department of Health and Human Services; education--Department of Education; public airport purposes--Federal Aviation Administration; park or recreational and historic monument use--National Park Service, Department of the Interior; wildlife conservation--Fish and Wildlife Service, Department of the Interior; correctional facility use--Office of Justice Programs, Department of Justice; replacement housing--any Federal agency having a requirement for property involving housing for displaced persons in connection with a Federal or federally assisted project. This program is excluded from coverage under E.O. 12372.
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
General public may apply.
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
Sale, Exchange, or Donation of Property and Goods
Programs which provide for the sale, exchange, or donation of Federal real property, personal property, commodities, and other goods including land, buildings, equipment, food and drugs. This does not include the loan of, use of, or access to Federal facilities or property.
How much financial aid...
Range and Average of Financial Assistance
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
(Salaries and expenses) FY 03 $32,372,000; FY 04 est $47,307,000; and FY 05 est $50,359,000.
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
Examples of funded projects...
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
The Disposal Program activity was as follows: Actual for fiscal year 2003 sales, donations and other discounts 501 properties having an actual value of $864.7 million; estimate for fiscal year 2004: Sales, donations and other discounts 322 properties having an estimated value of $589.1 million; fiscal year 2005 estimates: Sales, donations, and other discounts 236 properties having an estimated value of $774.4 million.
Criteria for selecting proposals...
Length and Time Phasing of Assistance
Formula and Matching Requirements
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
Post assistance requirements...
The Federal agencies sponsoring the use programs are responsible for enforcing compliance with the restrictions, except that GSA is responsible for compliance with respect to conveyances for wildlife conservation and correctional facility use.
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
The Federal agencies sponsoring the use program and GSA are responsible for audits.
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Federal Property and Administrative Services Act of 1949, Section 203, as amended, 63 Stat. 385, 40 U.S.C. 484; Surplus Property Act of 1944, Section 13(g), as amended, 50 U.S.C. 1622(g); Public Law 80-537, as amended, 62 Stat. 240, 16 U.S.C. 667b-d; Section 218, Public Law 91-646, 84 Stat. 1902, 42 U.S.C. 4638; Stewart B. McKinney Homeless Assistance Act of 1987, Title V, as amended, 42 U.S.C. 11411, Public Laws 100-77, 100-628, and 101-645.
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
Regulations, Guidelines, And Literature
"Disposal of Surplus Real Property" - no charge; 41 CFR 101-47, Utilization and Disposal of Real Property, "U.S. Real Property Sales List," - no charge.