§9781 — Title 10 Armed Forces | U.S. Code

Summary

The Administrator of General Services must sell or transfer certain small pieces of Air Force land used for missile sites. The land must be 25 acres or less, not needed by the Air Force (the Secretary of the Air Force decides that), and must have been used for missile launch facilities, launch control buildings, or support buildings. The land must be surrounded by neighboring properties that are either owned by one owner or owned by two or more different owners. If the neighboring lands are owned by one owner, the Administrator must tell that owner the land is available and may sell it to them at the fair market value if they are ready, willing, and able to buy. If neighbors are owned by two or more owners, the Administrator must hold a sealed-bid sale limited to those neighbors and sell to the highest bidder unless all bids are below fair market value; then the sale follows chapter 5 of title 40. The Administrator determines fair market value. The sale does not need the usual excess/surplus check under chapter 5 before it happens. Sales are subject to any Air Force easements and other protective terms. The buyer must pay any survey costs. If the property is not sold under these rules, it must be disposed of under subtitle I of title 40 and division C of subtitle I of title 41, except sections 3302, 3501(b), 3509, 3906, 4710, and 4711.

Title 10, §9781

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Administrator of General Services shall dispose of the interest of the United States in any tract of real property described in paragraph (2) or in any easement held in connection with any such tract of real property only as provided in this section.

(2)The real property referred to in paragraph (1) is any tract of land (including improvements thereon) owned by the Department of the Air Force that—

(A)is not required for the needs of the Department of the Air Force and the discharge of the responsibilities of the Department of the Air Force, as determined by the Secretary of the Air Force;

(B)does not exceed 25 acres;

(C)was used by the Department of the Air Force as a site for one or more missile launch facilities, missile launch control buildings, or other facilities to support missile launch operations; and

(D)is surrounded by lands that are adjacent to such tract and that—

(i)are owned in fee simple by one owner, either individually or by more than one person jointly, in common, or by the entirety; or

(ii)are owned separately by two or more owners.

(b)(1)(A)Whenever the interest of the United States in a tract of real property or easement referred to in subsection (a) is available for disposition under this section, the Administrator shall transmit a notice of the availability of the real property or easement to each person described in subsection (a)(2)(D)(i) who owns lands adjacent to that real property or easement.

(B)The Administrator shall convey, for fair market value, the interest of the United States in a tract of land referred to in subsection (a), or in any easement in connection with such a tract of land, to any person or persons described in subsection (a)(2)(D)(i) who, with respect to such land, are ready, willing, and able to purchase such interest for the fair market value of such interest.

(2)(A)In the case of a tract of real property referred to in subsection (a) that is surrounded by adjacent lands that are owned separately by two or more owners, the Administrator shall dispose of that tract of real property in accordance with this paragraph. In disposing of the real property, the Administrator shall satisfy the requirements specified in paragraph (1) regarding notice to owners, sale at fair market value, and the determination of the qualifications of the purchaser.

(B)The Administrator shall dispose of such a tract of real property through a sealed bid competitive sale. The Administrator shall afford an opportunity to compete to acquire the interest of the United States in the real property to all of the persons described in subsection (a)(2)(D)(ii) who own lands adjacent to that real property. The Administrator shall restrict to these persons the opportunity to compete in the sealed bid competitive sale.

(C)Subject to subparagraph (D), the Administrator shall convey the interest of the United States in the tract of real property to the highest bidder.

(D)If all of the bids received by the Administrator in the sealed bid competitive sale of the tract of real property are less than the fair market value of the real property, the Administrator shall dispose of the real property in accordance with the provisions of chapter 5 of title 40.

(c)The Administrator shall determine the fair market value of the interest of the United States to be conveyed under this section.

(d)The requirement to determine whether any tract of land described in subsection (a)(2) is excess property or surplus property under chapter 5 of title 40 before disposing of such tract shall not be applicable to the disposition of such tract under this section.

(e)The disposition of a tract of land under this section to any person shall be subject to (1) any easement retained by the Secretary of the Air Force with respect to such tract, and (2) such additional terms and conditions as the Administrator considers necessary or appropriate to protect the interests of the United States.

(f)The exact acreage and legal description of any tract of land to be conveyed under this section shall be determined in any manner that is satisfactory to the Administrator. The cost of any survey conducted for the purpose of this subsection in the case of any tract of land shall be borne by the person or persons to whom the conveyance of such tract of land is made.

(g)If any real property interest of the United States described in subsection (a) is not purchased under the procedures provided in subsections (a) through (f), such tract may be disposed of only in accordance with subtitle I of title 40 and division C (except section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a)(2). Pub. L. 116–283, § 923(e)(20)(A), substituted “Department of the Air Force” for “Air Force” in introductory provisions. Subsec. (a)(2)(A). Pub. L. 116–283, § 923(e)(20)(B), substituted “Department of the Air Force” for “Air Force” the first two places appearing. Subsec. (a)(2)(C). Pub. L. 116–283, § 923(e)(20)(C), substituted “Department of the Air Force” for “Air Force”. 2011—Subsec. (g). Pub. L. 111–350 substituted “division C (except section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”. 2003—Subsec. (g). Pub. L. 108–178 substituted “title III of the Federal Property and Administrative Services Act of 1949” for “subtitle III of the Federal Property and Administrative Services Act of 1949” and made technical correction to reference to (41 U.S.C. 251 et seq.). 2002—Subsec. (b)(2)(D). Pub. L. 107–217, § 3(b)(40)(A), substituted “chapter 5 of title 40” for “title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)”. Subsec. (d). Pub. L. 107–217, § 3(b)(40)(B), substituted “chapter 5 of title 40” for “title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)”. Subsec. (g). Pub. L. 107–217, § 3(b)(40)(C), inserted “subtitle I of title 40 and subtitle III of” before “the Federal Property and Administrative Services Act of 1949” and “(41 U.S.C. 251 et seq.)” at end. 1993—Subsec. (a)(1). Pub. L. 103–160, § 2851(a)(1), substituted “Administrator of General Services” for “Secretary of the Air Force”. Subsec. (a)(2)(D). Pub. L. 103–160, § 2851(b), added subpar. (D) and struck out former subpar. (D) which read as follows: “is surrounded by lands that are adjacent to such tract and that are owned in fee simple by one owner or by more than one owner jointly, in common, or by the entirety.” Subsec. (b). Pub. L. 103–160, § 2851(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Secretary shall convey, for fair market value, the interest of the United States in any tract of land referred to in subsection (a) or in any easement in connection with any such tract of land to any person or persons who, with respect to such tract of land, own lands referred to in paragraph (2)(D) of such subsection and are ready, willing, and able to purchase such interest for the fair market value of such interest. Whenever such interest of the United States is available for purchase under this section, the Secretary shall transmit a notice of the availability of such interest to each such person.” Subsec. (c). Pub. L. 103–160, § 2851(a)(2), substituted “Administrator” for “Secretary”. Subsec. (e). Pub. L. 103–160, § 2851(a)(3), substituted “Secretary of the Air Force with respect to such tract, and (2) such additional terms and conditions as the Administrator” for “Secretary with respect to such tract, and (2) such additional terms and conditions as the Secretary”. Subsec. (f). Pub. L. 103–160, § 2851(a)(4), substituted “Administrator” for “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

§9781 Disposition of Real Property at Missile Sites