Utilization and Disposal of Real Property

GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-47

[FPMR Amendment H-201]

RIN 3090-AG60

Utilization and Disposal of Real Property

AGENCY: General Services Administration.

ACTION: Final rule.

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SUMMARY: The General Services Administration is amending the public

benefit conveyance regulations for utilization and disposal of real

property to update the Federal Property Management Regulations and to

include implementation regulations for new laws. The new regulations

incorporate the public benefit conveyance of surplus Federal Government

real property for housing, law enforcement, and emergency management

purposes. The laws that this 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) and

203(p).

EFFECTIVE DATE: February 4, 1999.

FOR FURTHER INFORMATION CONTACT: Stanley C. Langfeld, Director, Real

Property Policy Division, Office of Real Property, at 202-501-1737.

SUPPLEMENTARY INFORMATION:

A. Background

A proposed rule was published in the Federal Register on August 11,

1998 (63 FR 42792). All comments received were considered in the final

rule. The Department of Defense provided a comment regarding the repeal

of Sec. 101-47.308-5 (Property for use as shrines, memorials, or for

religious purposes) and its potential impact on current surplus real

property actions. GSA agrees that actions that have begun on existing

surplus real property may continue to conclusion; however, this

authority will not be available to use in disposal actions on future

surplus real property. A nonprofit self-help housing organization

provided comments regarding the provisions for the notice period and

the role of the Department of Housing and Urban Development (HUD) in

the event that conveyed surplus property is reverted to the Federal

Government. GSA adopted the comment to extend the notice period but not

the expanded HUD role comment because HUD has not yet determined their

program regulations as they relate to the reversionary clause

provision. The Department of Justice also provided comments regarding

the time periods for conveyance. GSA adopted an extension of the time

period for the notice period but not for other time periods due to GSA

programmatic issues regarding consistency with other real property

public benefit conveyances.

B. Regulatory Flexibility Act

This final rule is not required to be published in the Federal

Register for notice and comment; therefore, the Regulatory Flexibility

Act does not apply.

C. Executive Order 12866

GSA has determined that this interim rule is not a significant

regulatory action for the purposes of Executive Order 12866 of

September 30, 1993.

D. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the 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 the Office of Management and

Budget (OMB) under 44 U.S.C. 501 et seq.

E. Small Business Reform Act

This final rule is also exempt from congressional review prescribed

under 5 U.S.C. 801 since it relates solely to agency management and

personnel.

List of Subjects in 41 CFR Part 101-47

Government property management, Surplus Government property.

For the reasons stated 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 continues to read as

follows:

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

Sec. 101-47.103-4 [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

[[Page 5616]]

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 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 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 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- or 30-

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:

[[Page 5617]]

(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 [Reserved]

6. Section 101-47.308-5 is removed and reserved.

7. Section 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) Property for self-help housing or housing assistance, as

defined in section 203(k)(6)(C) of the Federal Property and

Administrative Services Act of 1949, as amended (40 U.S.C.), is

property for low-income housing opportunities through the construction,

rehabilitation, or refurbishment of self-help housing, under terms that

require that:

(1) Any individual or family receiving housing or housing

assistance constructed, rehabilitated, or refurbished through use of

the property shall contribute a significant amount of labor toward the

construction, rehabilitation, or refurbishment; and

(2) Dwellings constructed, rehabilitated, or refurbished through

use of the property shall be quality dwellings that comply with local

building and safety codes and standards and shall be available at

prices below prevailing market prices.

Note to paragraph (a): This program is separate from the program

under Title V of the Stewart B. McKinney Act of 1987, which is

covered in 41 CFR subpart 101-47.9 (Use of Federal Real Property To

Assist the Homeless).

(b) 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.

(c) With respect to real property and related personal property

which may be made available for assignment to HUD for disposal under

section 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 (j) of this section and a recommendation for

assignment of Federal surplus real property received from HUD. 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 (k) of this section.

(d) With respect to surplus real property and related personal

property which may be made available for assignment to HUD for disposal

under section 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 (j) 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 (k) of this section.

(e) HUD shall notify the disposal agency within 30-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 30-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 30-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.

(f) 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.

(g) 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;

(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 (g): HUD shall furnish to the holding agency a

copy of the recommendation, unless the holding agency is also the

disposal agency.

(h) 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.

(i) In the absence of an assignment recommendation from HUD

submitted pursuant to Sec. 101-47.308-6(e) or (f), and

[[Page 5618]]

received within the 25-calendar day time limit specified therein, the

disposal agency shall proceed with other disposal actions.

(j) 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.

(k) 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.

(l) 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.

(m) 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.

(n) 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.

(o) 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 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 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. OJP defines the term

``law enforcement'' to mean ``any activity involving the control or

reduction of crime and juvenile delinquency, or enforcement of the

criminal law, including investigative activities such as laboratory

functions as well as training.'' 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 30-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

[[Page 5619]]

has notified the disposal agency within the said 30-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 30-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 actions. 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 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 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.''.

[[Page 5620]]

Dated: January 6, 1999.

David J. Barram,

Administrator of General Services.

[FR Doc. 99-2614 Filed 2-3-99; 8:45 am]

BILLING CODE 6820-23-P