40 U.S.C. § 904: Disposal

Summary

Before selling federal property in a city, the Administrator of General Services must give reasonable notice to the local government that controls zoning and land use so the property can be zoned to match local planning. The Administrator must also, as much as possible, give potential buyers full information about current and planned zoning and about whether streets, sidewalks, sewers, water, street lights, and other services are now available or will be available if the property is included in local plans. Local comprehensive planning means making general land-use and public-facility plans, preparing long-term physical and budget plans, scheduling and funding major projects, coordinating with other governments, and creating rules and procedures to carry out those plans.

Title 40, §904

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

(a)Notice to Local Government.—

Before offering real property situated in an urban area for sale, the Administrator of General Services shall give reasonable notice to the unit of general local government exercising zoning and land use jurisdiction in order to provide an opportunity for zoning so that the property is used in accordance with local comprehensive planning described in subsection (c).

(b)Notice to Prospective Purchasers.—

To the greatest extent practicable, the Administrator shall furnish to all prospective purchasers of real property situated in an urban area complete information concerning—

(1)current zoning regulations, prospective zoning requirements, and objectives for property if it is unzoned; and

(2)(A)the current availability of streets, sidewalks, sewers, water, street lights, and other service facilities; and

(B)the prospective availability of those service facilities if the property is included in local comprehensive planning described in subsection (c).

(c)Local Comprehensive Planning.—

Local comprehensive planning referred to in subsections (a) and (b) includes any of the following activities, to the extent the activity is directly related to the needs of a unit of general local government:

(1)As a guide for government policy and action, preparing general plans related to—

(A)the pattern and intensity of land use;

(B)the provision of public facilities (including transportation facilities) and other government services; and

(C)the effective development and use of human and natural resources.

(2)Preparing long-range physical and fiscal plans for government action.

(3)Programming capital improvements and other major expenditures, based on a determination of relative urgency, together with definitive financial planning for expenditures in the earlier years of a program.

(4)Coordinating related plans and activities of state and local governments and agencies.

(5)Preparing regulatory and administrative measures to support activities described in this subsection.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 904(a), (b)40:532.June 30, 1949, ch. 288, title VIII, §§ 803, 806(c), as added Pub. L. 90–577, title V, § 501, Oct. 16, 1968, 82 Stat. 1105. 904(c)40:535(c). In subsection (a), the words “Whenever the Administrator contemplates the disposal for or on behalf of any Federal agency of” and “such land” are omitted as unnecessary. The words “the head of the governing body of” are omitted for consistency in the chapter. The words “exercising zoning and land-use jurisdiction” are substituted for “having jurisdiction over zoning and land-use regulation in the geographical area within which the land or lands are located” to eliminate unnecessary words and for consistency in the chapter. In subsection (c)(2), the word “Preparing” is added for clarity.

§904 Disposal

Summary

Title 40, §904

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata