§20145 Lease of non-excess property

Summary

The Administrator may lease non-excess land and related property that NASA controls to anyone, including other government units or private groups. Leases must pay cash at fair market value set by the Administrator, but the Administrator can accept in-kind payment for projects that develop renewable energy. Cash received can pay the Administration’s full costs tied to the lease and stays available until spent. Any leftover cash is split: 35% goes into a central capital account for maintenance and major improvements of NASA property, and 65% goes to the specific NASA center or facility that made the lease for the same purposes, with the Administrator’s approval. These funds cannot be used for daily operating costs. The Administrator may add terms to protect U.S. interests. Leasing under this authority is in addition to other leasing powers. NASA cannot lease back the same property during the lease term or make other contracts about that property, and a lease cannot be made unless the Administrator certifies it won’t harm NASA’s mission. By January 31 each year the Administrator must report on lease values, how the money was used, the number of leases by center, estimated cost savings from active leases the prior year, and other measurable benefits. Within 270 days after the NASA Authorization Act of 2022 was enacted, the Administrator must report to two Congressional committees about applicant requirements, including rules on foreign involvement and other security rules if needed. Authority to start new leases ends December 31, 2032, but existing leases and the money from them remain valid.