§1304 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

GSA’s head may sell a federal building, building site, or part of a site to a State or local government for public use when the site was replaced by a new building and is no longer needed. The sale must be at least 50% of the land’s appraised value. The money from the sale must go into the U.S. Treasury as miscellaneous receipts. The GSA head can set the sale rules, allow payments over time, and can waive interest on delayed payments. Property is transferred by a normal quitclaim deed. An “executive agency” means an executive department or independent agency in the executive branch, including any wholly owned government corporation. If a State or local government asks for property to widen a public road, the agency that controls the land can transfer or convey an interest it thinks won’t hurt federal interests, with or without payment, and can add terms to protect the Government. Interests that can be transferred under title 23 for highway purposes cannot be moved under this rule. Rights of way over, under, or through public lands or National Forest System lands may not be granted under this rule.

Title 40, §1304

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

(a)(1)The Administrator of General Services, in the Administrator’s discretion, on terms the Administrator considers proper, and under regulations the Administrator may prescribe, may sell property described in paragraph (2) to a State or a political subdivision of a State for public use if the Administrator considers the sale to be in the best interest of the Federal Government.

(2)The property referred to in paragraph (1) is any federal building, building site, or part of a building site under the Administrator’s control that has been replaced by a new structure and that the Administrator determines is no longer needed by the Government.

(3)The purchase price for a sale under this section must be at least 50 percent of the value of the land as appraised by the Administrator.

(4)The proceeds of a sale under this section shall be deposited in the Treasury as miscellaneous receipts.

(5)The Administrator may enter into a long term contract for the payment of the purchase price in installments that the Administrator considers fair and reasonable. The Administrator may waive any requirement for interest charges on deferred payment.

(6)The Administrator may convey property sold under this section by the usual quitclaim deed.

(b)(1)In this subsection, the term “executive agency” means an executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation.

(2)When a State or a political subdivision of a State applies for a conveyance or transfer of real property of the Government in connection with an authorized widening of a public highway, street, or alley, the head of the executive agency that controls the affected real property may convey or transfer to the State or political subdivision, with or without consideration, an interest in the real property that the agency head determines is not adverse to the interests of the Government. A conveyance or transfer under this subsection is subject to terms and conditions the agency head considers necessary to protect the interests of the Government.

(3)An interest in real property which can be transferred to a State or a political subdivision of a State for highway purposes under title 23 may not be conveyed or transferred under this subsection.

(4)Rights of way over, under, and through public lands and lands in the National Forest System may not be granted under this subsection.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1304(a)40:345b.Aug. 26, 1935, ch. 684, § 1, 49 Stat. 800; Pub. L. 86–608, July 7, 1960, 74 Stat. 363. 1304(b)(1)– (3)40:345c.Aug. 26, 1935, ch. 684, § 2, as added Pub. L. 86–608, July 7, 1960, 74 Stat. 363. 1304(b)(4)40:345c note.Pub. L. 94–579, title VII, § 706(a) (related to the Act of July 7, 1960 (Pub. L. 86–608, 74 Stat. 363)), Oct. 21, 1976, 90 Stat. 2793. In subsection (a), the words “Administrator of General Services” and “Administrator” are substituted for “Treasury Department” and “Secretary of the Treasury” in the Act of August 26, 1935 because of section 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427) and section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In paragraph (1), the words “a State or a political subdivision of a State” are substituted for “States, counties, municipalities, or other duly constituted political subdivisions of States” for consistency with subsection (b).

§1304 Transfer of Federal Property to States

Summary

Title 40, §1304

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata