Revocation of Reclamation withdrawals is covered in Reclamation Manual LND.
Disposal of withdrawn land as excess is covered in FPMR 101-47.202-6, 201-3, and 114S-47.202-6. [Also see 114S-47.301-3 for sale of improved public land under the Act of May 20, 1920 (43 U.S.C. 375).]
114S-47.201-4 Transfer Under Other Laws.
Surplus disposal under other laws is covered by FPMR 101-47.301-3 and 114S-47.301-3. Use of real property to assist the homeless is covered by 45 CFR Part 12a and FPMR 101-47.9.
114S-47.202-1 Reporting Requirements.
Any request made by the General Services Administration (GSA) for a specific survey under this section shall be forwarded to the Reclamation Service Center, Property and Office Services, Attention: D-7900, for advance approval of the Assistant Secretary - Policy, Management, and Budget.
114S-47.202-2 Reporting of Excess Real Property.
The following supplemental instructions apply to the preparation of reports to GSA on Standard Form 118, Report of Excess Real Property:
(a) Property Subject to Flooding. The declaration of excess shall refer to and include any known or available data on the flood hazard potential of such property. When appropriate, this information should include suggested safe uses of floodplain lands such as dedication of the lands to outdoor recreational and wildlife uses which involve little or no hazards to human life or the property. [See 101-47.202-2(b)(6).]
(b) Abstracts. Abstracts and related evidence of title should normally not accompany the report to GSA, but should be available for loan upon request. These documents are required as long as the property remains in government hands or if it has been sold or released conditionally or with recapture clauses. When properties are disposed of by quitclaim deeds, this fact should be confirmed prior to the disposal of title documents, since the title evidence might be needed by the Government to defend the title in the event the properties were disposed of by deeds containing general or special warranties. An exception would be when the entire parcel as originally acquired is being disposed in which case the Regional Director may elect to forward such documents to GSA for disposal with the land. [See 101-47.202-2(b) and (c).]
(c) Reporting Property Purchased From Trust and Other Special Funds. When reporting excess real property purchased from (1) trust funds, such as funds advanced by water users, (2) the Colorado River Dam Fund, and (3) the Colorado River Development Fund, the following statement shall be included in block 18 of SF-118.
This property was acquired by use of funds either not appropriated from the general fund of the Treasury or appropriated therefrom, but by law reimbursable, and payment of fair value is required.
114S-47.202-3 Distribution of SF-118, Report of Excess Real Property.
Reports of excess real property shall be prepared in original and two copies and distributed as follows:
(a) Original to the regional office of GSA for the area in which the property is located.
(b) One copy for the regional office files.
(c) One copy for the operating office concerned.
114S-47.202-6 Lands Withdrawn or Reserved From the Public Domain.
Prior to circularization of unneeded
real property involving lands withdrawn or reserved from the public
domain, with or without improvements, a notice of intention to
dispose of such land shall be filed with the appropriate State
Office of the Bureau of Land Management (BLM) as required by 101-47.202-6.
(See 43
CFR 1821.2-1 for current BLM address and area of jurisdiction.)
No specific form is provided for this purpose, but the notice
must contain information specified by the BLM in 43
CFR 2370.0-1 through 2374.2.
A copy of the notice shall be furnished to the regional office
of GSA for the area in which the land is located. The only exception
to this process is when a specific need for the land within the
Department of the Interior is known. In such cases, details of
transfer should be worked out through the BLM State Office concerned.
(a) If the BLM determines that the lands are suitable for return to the public domain for disposition under the general public land laws, a notification to this effect will be furnished the reporting region or office.
(b) If the BLM, with the concurrence of GSA, determines that the lands are not suitable for return to the public domain, it will notify the reporting region or office to proceed with disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended. Upon receipt of such clearance, the property involved should be circularized for disposal following the procedures for reportable or nonreportable property as appropriate.
(c) Should any region be unable to secure clearance from the appropriate BLM field office, the circumstances shall be reported to the Commissioner so that the matter can be taken up with the Headquarters Office of the BLM.
114S-47.203-3 Notification of Requirements to GSA.
In the development of Reclamation projects, requirements for land generally are for specific lands dictated by the geographical location, topography, and engineering characteristics of the project works. Land already under Government control can be utilized only when its location coincides with the purpose and engineering requirements of such work. Accordingly, regions and offices shall make their requirements for such land known to GSA only in those instances where the specific land to be acquired had been reported to GSA as excess by the holding agency. Requirements for real property, other than as indicated above, shall be made known to GSA in accordance with their regulations whenever possible.
114S-47.203-4 Real Property Excepted From Reporting.
Real property disposed of by Reclamation under delegations of authority in 101-47.603 and 114S-47.603 is not subject to the reporting requirements of 101-47.202.
114S-47.203-7 Use of Other Agencies Excess Property.
The original and two copies of GSA Form 1334 (Request for Transfer of Excess Real and Related Personal Property) shall be forwarded to the appropriate Regional Director for certification when transfer without exchange of funds is requested.
One copy of GSA Form 1334 for transfer of real property having a total appraised fair market value of $100,000 or more shall be forwarded to the Commissioner for information. The Commissioner shall also be notified when the transfer is completed.
114S-47.203-9 Non-Federal Interim Use.
The provisions of this subsection are applicable to all administration, service, storage, and shop buildings, community facilities (except quarters), and the land on which such facilities are located, including buildings and structures acquired incidental to site acquisition except when leased in connection with agricultural use of the land as provided in Reclamation Manual LND.
(a) Method of Lease. It is the general policy of Reclamation to issue leases after publicly advertising for bids, and to make the award to the highest responsible bidder. Accordingly, public advertising will be required except when the Regional Director determines that advertising will serve no useful purpose, or is impractical under the circumstances.
(b) Commissioner's Approval. The approval of the Commissioner to enter into interim leases is required only when it is anticipated that allegations of unfair competition with private enterprise might arise. In such instances, full particulars, together with recommendations, shall be submitted to the Commissioner for consideration prior to execution of the lease. A complete report with recommended actions shall also be sent to the Commissioner in any case where such allegations arise subsequent to lease issuance.
(c) Interim Leasing of Facilities Retained for Future Program Use. Real properties that are not currently being utilized, but are held for probable or foreseeable program needs may be leased in the interim to agencies or persons not supporting the program. Authority to enter into such leases is contained in section 10 of the Act of August 4, 1939 (53 Stat. 1187).
(d) Interim Leasing of Facilities Obtained Incidental to Site Acquisition. Buildings and facilities obtained incidental to site acquisition generally will not be needed for Reclamation programs and will be disposed of prior to inundation or the use of the site. It may be to the Government's advantage to lease such facilities for revenue during an interim period of time rather than immediately arranging for offsite removal.
(e) Interim Leasing of Excess Real Property. The Regional Director may lease excess property on an interim basis without approval from GSA when the fair value of the property is less than $1,000. Prior approval from GSA is required when the value of the property is $1,000 or more.
(f) Interim Leasing of Surplus Real Property [see 101-47.312(a)]. The Regional Director may also lease surplus property on an interim basis, without approval from GSA when the lease involves property for which Reclamation is the disposal agency. Interim leasing of surplus property for which GSA is the disposal agency is subject to approval by GSA.
(g) Term of Leases. All interim leases of excess or surplus property, whether advertised or negotiated, shall be for a period not to exceed 1 year; must be revocable on 30 days notice; and must not interfere with the ultimate transfer or other disposal of the property.
(h) Negotiation Limitations. An explanatory statement must be prepared and submitted to the appropriate committees of Congress in the case of a negotiated lease where the net rental exceeds $100,000 per year. See 101-47.304-12 and 101-47.4911.
114S-47.203-70 Circularization and Transfer of Available Real Property.
(a) Preliminary Review and Coordination. A preliminary investigation will be conducted to determine all the restrictions or limitations that should be considered in the disposal of real property. A complete description of the property, together with reasons for disposition, recommendations based on the finding of the investigation, and restrictions and limitations that should be imposed (fencing, rights-of-way reservations to the United States, etc.) shall be furnished the regional head of Property Management for coordination with all interested divisions. These steps will be carried out prior to the actual reporting of the property as being available.
(1) When the property to be disposed was used as: (i) airport property; (ii) public parks, recreational areas, or historical monument sites; (iii) shrines, memorials, or for any religious purposes; or (iv) educational facilities, housing and related services, displaced persons facilities, or correctional facilities, the Reclamation Service Center, attention D-7900 shall be alerted at the time the property is initially made available. The letter advising of the proposed disposal should include an explanation of the basis for the classification, political aspects (if any), and any other pertinent facets of the disposal.
(2) The concurrence of the Department is required prior to circularization of any available power transmission line or related facilities having an estimated fair market value of $1,000 or more.
(b) Reporting Available Property to the Regional Office. Available real property and related personal property shall be reported to the regional office in the manner specified by the Regional Director. Such reports should be made at least 150 days or more in advance of the date the property will become available for disposal.
(c) Circularization Requirements. The regional office shall determine, normally by circularization, whether available real property is needed within Reclamation, the Department, or the Federal Government. As a general rule allow at least 30 days for other offices to express an interest in the property being offered. When program requirement will not permit 30 days notification, the circularization period may be reduced with the approval of the Regional Director. Availability notices must contain a complete description of the property, its general condition, location, estimated market value, transfer terms and conditions, period of availability, title and address of person to be contacted for inspection of the property, removal and cleanup stipulations if applicable, and other information having a bearing on the transfer. The names and addresses of all offices to which the notices are sent must also be shown. No specific form is prescribed for this purpose; however, the illustration in 114S-47.4970-1 and 114S-47.4970-2 may be used as guides.
Circularization lists involving real property purchased from: (1) trust funds, such as funds advanced by water users, (2) the Colorado River Dam Funds, and (3) the Colorado River Development Fund will contain a special notation as delineated in 114S-47.202-2(c).
(d) Circularization of Reportable Real Property. Notices of availability of reportable real property should be distributed at least 150 days in advance of the date the property becomes available for transfer whenever possible.
(1) Distribution. Availability notices shall be distributed to Department of the Interior Bureaus and Offices as indicated in illustration 114S-47.4970-3. The Regional Director may determine that further utilization of the property within the Department is virtually precluded in which case circularization (if any) may be specified by the Regional Director. This determination shall be made part of the disposal file.
(2) Determination of Excess. Property not requested by other Interior offices within the circularization period may be considered excess to the Department of the Interior and reported to GSA in accordance with 101-47.202-2. This determination shall be documented in writing.
(e) Circularization of Nonreportable Real Property. Notices of availability of nonreportable real property should be distributed, if possible, at least 90 days in advance of the date the property becomes available for transfer. Such notices should cite the authority under which the disposal is being made.
(1) Coverage. Notices should be sent to only those agencies or offices which might reasonably be expected to use the property. If the number is small, a simple typed letter or a telephone call may suffice. In some instances it may be determined that no circularization is needed, in which case the findings of excess and surplus should be made without circularization.
(2) Distribution of Notices. Availability notices concerning nonreportable real property should be distributed as follows:
(i) One copy to other Reclamation offices, other Department of the Interior Bureaus, and other Federal agencies as necessary to satisfy the requirements set out in (1) above.
(ii) One copy to the Reclamation Service Center, Attention D-7910.
(3) Priorities. Requests for transfer of nonreportable real property will be honored by giving preference to other regions of Reclamation, other bureaus or offices of the Department of the Interior, the Department of Defense, and all other Federal agencies in that order. As a general rule, transfer to agencies possessing the same priority should be made on a "first come first served" basis. In those instances where a later applicant considers its needs greater than an earlier applicant, it will be the responsibility of the latter to negotiate with the former for priority or seek preferential consideration through other channels. It will be the responsibility of Reclamation to cooperate to the extent practical in the resolution of such situations.
(4) Determination of Surplus. Property not requested by other Reclamation offices or other Federal agencies within the 30-day circularization period may be considered to be excess and surplus.
(f) Transfer Without Circularization. Transfer of real property without general circularization may be made in the following instances:
(1) Reportable Real Property. When a specific need is already known, transfer within the Department of the Interior may be made without circularization provided there is no reasonable prospect for use by other Reclamation offices. No transfer may be made to other Government agencies outside the Department of the Interior. When a government agency is known to have a need for the property, or has expressed an interest in the property, this fact should be noted on the SF-118 when reporting the property to GSA as excess.
(2) Nonreportable Real Property. When a known need exists, transfer of nonreportable real property may be made without circularization provided there is no reasonable prospect for its use by other Reclamation offices or Interior bureaus. Whenever a transfer made pursuant to this subsection involves transfer outside the Department of excess leasehold interests listed in 101-47.202-4, the reimbursable principles of 114S-47.203-71 must be observed.
(g) Establishment of Transfer Values. Transfer values for real property transferred to other Reclamation offices and other governmental activities shall be established as follows:
(1) Transfer Within Reclamation. Transfer values for real and related personal property transferred to other Reclamation offices may be established on any reasonable basis that the disposing office elects, provided that in no case without prior approval of the Commissioner will it exceed the current appraised market value or original recorded cost, whichever is lower. Should an acquiring office believe that the value set is unreasonable, and is unable to convince the disposing office after direct negotiations the matter should be referred to the Regional Director for resolution if both offices are in the same region. If the offices concerned are in different regions and are unable to come to terms the matter should be referred to the Commissioner for a determination. In no event should an opportunity to utilize property within Reclamation be lost through the inability to agree on the transfer value.
(2) Transfer to Other Interior Bureaus. As a general rule, real property transferred to other Department of Interior bureaus should be transferred at its appraised market value as prescribed in 114S-47.303-4 or the original recorded cost whichever is lower. Exceptions to this general policy may be made only with the advance approval of the Commissioner.
(3) Transfer to Other Government Agencies. Real and related personal property will be transferred to other Government agencies in accordance with the provisions of 101-47.203-7. (Note: In the event property transfers are not fully funded, project credits will not exceed the original cost of the property transferred. An exception would be a partially funded transaction where the discount price results in cash proceeds which are greater than the original cost.)
(h) Failure to Agree on Transfer Terms. No finding of excess in the case of reportable property, or finding of excess or surplus in the case of nonreportable property, will be made where a request for transfer was received from an eligible agency and rejected, and where a serious interest in the property was shown even without a formal request, if transfer failed to result allegedly due to terms or conditions imposed by the circularizing office. Such circumstances shall be referred to the Commissioner for a determination of the action to be taken.
(i) Documenting Real Property Transfers. Transfers of real and related personal property shall be documented by use of Property Voucher, Form 7-763 and include all information necessary to make entry to the accounting record. Both the acquisition and the transfer values of the property shall be included.
114S-47.203-71 Reimbursement for Real Property.
(a) Transfers Within the Department. Except for property acquired from funds listed in (1) below, all available real property shall be transferred, as a general rule, to other Reclamation offices and other bureaus of the Department of the Interior on a nonappropriation basis (without exchange of funds).
(1) Reimbursement Required. Reimbursements in an amount equal to the appraised market value shall be required for transfer within Reclamation and the Department for property acquired from: (i) trust funds, such as funds advanced by water user organizations; (ii) the Colorado River Dam Fund; or (iii) the Colorado River Development Fund.
(2) Unusual Situations. Unusual situations may arise where the Regional Director believes that reimbursement is indicated for certain real property, or for property on a particular project for a certain period. In such cases, the circumstances should be submitted to the Commissioner for consideration, prior to offering the property for transfer.
(b) Transfer Outside the Department. The instructions in this subpart pertain to transfers of excess real property to Federal agencies outside the Department of the Interior. They do not apply to disposals of surplus property outside the Government.
(1) Reimbursement Required. Reimbursement shall be required for excess real property transferred to Federal agencies outside the Department of the Interior whenever the property was purchased from any of the funds listed in (a)(1) above. See 114S-47.202-2(c) for special notation to be made on the excess report when such property is declared to GSA. It is contrary to Reclamation's general practice to agree to the subsequent transfer without reimbursement of excess real property in these categories regardless of who makes the request for nonreimbursable transfer.
(2) Reimbursement Not Required. Reimbursement shall normally not be demanded for excess real property not expressly included in the categories listed in subsection (a)(1). Instead, such excess real property shall be transferred in accordance with the criteria governing reimbursement contained in 101-47.203-7(f).
(c) Determining Reimbursability. The instruction in this subsection identifies the responsibility for determining reimbursability.
(1) Reportable Property. GSA will determine whether the requirements for nonreimbursability have been met in the case of reportable property. All requests for transfer without reimbursement shall be honored when approved by GSA except in cases involving special properties referred to in 114S-47.302-71(a). The entry in block 13 of SF-118 indicating the appropriation symbol to be credited with the proceeds should not be construed as a claim or demand for reimbursement.
(2) Nonreportable Property. When real property is not required to be reported to GSA as excess, the Regional Director shall determine without reference to GSA whether any agency seeking to acquire property without reimbursement has met the requirements set out in 101-47.203-7. Where these requirements have been met, transfer without reimbursement will be granted. [See exception in 114S-47.203-71(a) which applies to transfers within and outside the Department.]
114S-47.204-2 Property Excepted From Reporting.
Nonreportable property not requested by other Reclamation offices or other Federal agencies within the 30-day circulation period prescribed in 114S-47.203-70(c) may be considered excess and surplus by the Regional Director and disposed of as prescribed in 101-47.2. (See exception in 114S-47.308-1.) This determination shall be evidenced in writing.