Title 40Public Buildings, Property, and WorksRelease 119-73

§572 Real property

Title 40 › Subtitle SUBTITLE I— - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES › Chapter CHAPTER 5— - PROPERTY MANAGEMENT › Subchapter SUBCHAPTER IV— - PROCEEDS FROM SALE OR TRANSFER › § 572

Last updated Apr 6, 2026|Official source

Summary

Money from selling extra federal land and related property must go into a special Treasury fund. The General Services Administrator can use some of that money to pay direct costs of handling and selling the property, like appraiser and broker fees, environmental and historical studies, relocation costs, advertising, and surveying. In any single year, no more than 12 percent of total sales proceeds can be used for those direct expenses. The OMB Director sets the exact limit each quarter. The fund can pay costs directly or repay the account that first covered them. Extra money beyond current needs must be moved into general government receipts at least once a year. The Administrator must report yearly on the money taken in, spent, and transferred to the OMB Director and to Congress with the budget. The law also has special rules for military property. Two defined terms are used: “military installation” and “base closure law” (both defined in title 10). If a military department says a property is extra, the Secretary of Defense must first offer it to other military departments for free. If no other military takes it, the military department asks the General Services Administrator to sell or transfer it. Proceeds, after the allowed expenses, go into a special Treasury account. If Congress allows in an appropriation, those proceeds may be used for facility repairs or environmental cleanup: for closed bases the money goes to the former owning service; for other bases half goes to the local installation and half to the former owning service. Each year the Secretary of Defense must report all transfers and sales from the prior year and explain how the money was used in the annual Armed Services funding request.

Full Legal Text

Title 40, §572

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)(1)Except as provided in subsection (b), proceeds of the disposition of surplus real and related personal property by the Administrator of General Services shall be set aside in a separate fund in the Treasury.
(2)(A)From the fund described in paragraph (1), the Administrator may obligate an amount to pay the following direct expenses incurred for the use of excess property and the disposal of surplus property under this subtitle:
(i)Fees of appraisers, auctioneers, and realty brokers, in accordance with the scale customarily paid in similar commercial transactions.
(ii)Costs of environmental and historic preservation services, highest and best use of property studies, utilization of property studies, deed compliance inspection, and the expenses incurred in a relocation.
(iii)Advertising and surveying.
(B)(i)In each fiscal year, no more than 12 percent of the proceeds of all dispositions of surplus real and related personal property may be paid to meet direct expenses incurred in connection with the dispositions.
(ii)The Director of the Office of Management and Budget each quarter shall determine the maximum amount that may be obligated under this paragraph.
(C)An amount obligated under this paragraph may be used to pay an expense directly or to reimburse a fund or appropriation that initially paid the expense.
(3)At least once each year, excess amounts beyond current operating needs shall be transferred from the fund described in paragraph (1) to miscellaneous receipts.
(4)A report of receipts, disbursements, and transfers to miscellaneous receipts under this subsection shall be made annually, in connection with the budget estimate, to the Director and to Congress.
(b)(1)In this subsection, the following definitions apply:
(A)The term “military installation” has the meaning given that term in section 2687(e)(1) 11 See References in Text note below. of title 10.
(B)The term “base closure law” has the meaning given that term in section 101(a)(17) of title 10.
(2)(A)This subsection applies to real property, including any improvement on the property, that is under the control of a military department and that the Secretary of the department determines is excess to the department’s needs.
(B)This subsection does not apply to—
(i)damaged or deteriorated military family housing facilities conveyed under section 2854a of title 10; or
(ii)property at a military installation designated for closure or realignment pursuant to a base closure law.
(3)The Secretary of Defense shall provide that property described in paragraph (2) is available for transfer, without reimbursement, to other military departments within the Department of Defense.
(4)If property is not transferred pursuant to paragraph (3), the Secretary of the military department with the property under its control shall request the Administrator to transfer or dispose of the property in accordance with this subtitle or other applicable law.
(5)(A)For a transfer or disposition of property pursuant to paragraph (4), the Administrator shall deposit any proceeds (less expenses of the transfer or disposition as provided in subsection (a)) in a special account in the Treasury.
(B)To the extent provided in an appropriation law, an amount deposited in a special account under subparagraph (A) is available for facility maintenance and repair or environmental restoration as follows:
(i)In the case of property located at a military installation that is closed, the amount is available for facility maintenance and repair or environmental restoration by the military department that had jurisdiction over the property before the closure of the military installation.
(ii)In the case of property located at any other military installation—
(I)50 percent of the amount is available for facility maintenance and repair or environmental restoration at the military installation where the property was located before it was disposed of or transferred; and
(II)50 percent of the amount is available for facility maintenance and repair and for environmental restoration by the military department that had jurisdiction over the property before it was disposed of or transferred.
(6)As part of the annual request for authorizations of appropriations to the Committees on Armed Services of the Senate and the House of Representatives, the Secretary of Defense shall include an accounting of each transfer and disposal made in accordance with this subsection during the fiscal year preceding the fiscal year in which the request is made. The accounting shall include a detailed explanation of each transfer and disposal and of the use of the proceeds received from it by the Department of Defense.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 572(a)40:485(b).June 30, 1949, ch. 288, title II, § 204(b), as added Aug. 31, 1954, ch. 1178, § 1(b), 68 Stat. 1051; Pub. L. 86–215, Sept. 1, 1959, 73 Stat. 446; Pub. L. 100–612, § 6, Nov. 5, 1988, 102 Stat. 3181; Pub. L. 101–510, div. B, title XXVIII, § 2805(2), Nov. 5, 1990, 104 Stat. 1786; Pub. L. 107–107, § 2812, Dec. 28, 2001, 115 Stat. 1307. 572(b)40:485(h).June 30, 1949, ch. 288, title II, § 204(h), as added Pub. L. 101–510, div. B, title XXVIII, § 2805(3), Nov. 5, 1990, 104 Stat. 1786; Pub. L. 104–106, div. A, title XV, § 1502(f)(7), div. B, title XXVIII, § 2818(b), Feb. 10, 1996, 110 Stat. 510, 555; Pub. L. 106–65, title X, § 1067(18), Oct. 5, 1999, 113 Stat. 775; Pub. L. 107–107, § 2812, Dec. 28, 2001, 115 Stat. 1307. In subsection (b)(4), the words “section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g))” are omitted because 50 App.:1622(g) has been repealed.

Editorial Notes

References in Text

section 2687(e)(1) of title 10, referred to in subsec. (b)(1)(A), was redesignated as section 2687(g)(1) by Pub. L. 112–239, div. B, title XXVII, § 2712(a)(1), Jan. 2, 2013, 126 Stat. 2144.

Amendments

2006—Subsec. (b)(1)(B). Pub. L. 109–163 substituted “section 101(a)(17) of title 10” for “section 2667(h)(2) of title 10”. 2005—Subsec. (a)(2)(A)(ii). Pub. L. 109–13 made technical correction to directory language of Pub. L. 108–447, § 408. See 2004 Amendment note below. 2004—Subsec. (a)(2)(A)(ii). Pub. L. 108–447, § 408, as amended by Pub. L. 109–13, inserted “, highest and best use of property studies, utilization of property studies, deed compliance inspection, and the expenses incurred in a relocation” before period at end.

Reference

Citations & Metadata

Citation

40 U.S.C. § 572

Title 40Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73