Utilization and Disposal of Real Property; Port Facilities

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.

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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