Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · BILL · 116th Congress · S. 1538 (Introduced in Senate) — To decrease the deficit by realigning, consolidating, disposing, and improving the efficiency of Federal buildings an... · Sec. 8

Sec. 8. Disposal of real properties

1,555 words·~7 min read·/bill/116/s/1538/is/section-8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Federal Assets Sale and Transfer Act of 2016 ( 40 U.S.C. 1303 note; Public Law 114–287 ) (as amended by section 7(a)) is amended by inserting after section 15 the following: Notwithstanding any other provision of law, any recommendation or commencement of a disposal or realignment of civilian real property shall not be subject to— the first section through section 3 of the Act of May 19, 1948 ( 16 U.S.C. 667b et seq.); sections 107 and 317 of title 23, United States Code; section 545(b)(8) of title 40, United States Code; sections 550, 553, and 554 of title 40, United States Code; section 1304(b) of title 40, United States Code; section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ); section 47151 of title 49, United States Code; section 11(d) of the Surplus Property Act of 1944 ( 50 U.S.C.
App. 1622(d) ); any other provision of law authorizing the conveyance of real property under the administrative jurisdiction of the Federal Government for no consideration; or any congressional notification requirement (other than that under section 545(e)(2) of title 40, United States Code). Nothing in subsection
(a)modifies, alters, or amends any other required environmental or historical review, recordkeeping, or notice requirement otherwise applicable to a conveyance of Federal civilian real property. For those properties that the Board determines should be reviewed for potential use for the homeless or for any other public benefit under a provision of law described in subsection (a), the Board shall submit to the Secretary, on the same date on which the report of the Board is submitted to the President under section 12(g), any such information on the building or property that concerns the decision regarding the disposal of the civilian property. Not later than 30 days after the date on which the Board makes a submission of information under subsection (a), the Secretary shall provide to the Board a report summarizing a determination of the suitability of the civilian real properties recommended to be disposed as properties appropriate for use in assisting the homeless. Not later than 60 days after the date on which the Board submits a report to the President under section 12(g) and the recommendations of the Board are released to the public, any representatives of the homeless proposing interest in the use of property that the Board has determined should be reviewed for potential use by the homeless or for any other public benefit under a provision of law described in subsection
(a)may submit a notice of interest to the Board and the Secretary that contains— a description of the homeless assistance program that the representative proposes to carry out at the installation; an assessment of the need for the program; a description of the extent to which the program is or will be coordinated with other homeless assistance programs in the communities in the vicinity of the property; a description of the buildings and property that are necessary in order to carry out the program; a description of the financial plan, the organization, and the organizational capacity of the representative to carry out the program; and an assessment of the time required to commence implementation of the program. The Secretary shall— not later than 60 days after the date on which the Board submits the report to the President under section 12(g), review and certify submissions under this subsection from representatives of the homeless; and if more than 1 notice of interest is entered for a property, indicate to the Board which planned use of the property for the homeless has more merit. Not later than 30 days after the date on which the Board submits the report to the President under section 12(g) and the recommendations of the Board are publicly released, any parties proposing interest in a property that the Board has determined should be reviewed for any other public benefit programs described in subsection (a), for a use that is not homeless assistance, may submit a notice of interest to the Board and to the Federal agency that is otherwise tasked by law to review applications for the public benefit conveyance program under which the party is applying. A notice of interest under this paragraph shall contain the information otherwise required by the law establishing the public benefit conveyance program. A Federal agency that has been tasked with reviewing applications for public benefit conveyance programs, and that receives a notice of interest with information pertaining to the certification of the validity of a proposed public benefit conveyance operating under 1 of the uses under subsection
(a)that are not homeless assistance, shall— review and certify submissions from parties proposing such future use for the property; and not later than 60 days after the date on which the Board submits the report to the President under section 12(g), submit to the Board an assessment of the validity and merits of the information contained in the notice of interest. If more than 1 notice of interest is entered for a property, the head of the reviewing agency shall indicate to the Board which planned use of the property has more merit. The Board shall— compile all information and assessments regarding submitted notices of interest about properties; and as soon as practicable after the date on which the recommendations of the Board are required to be implemented by Federal agencies under section 14(i), forward the information and assessments to the Federal agencies that maintain custody and control over the civilian real properties to be disposed for use in implementing the recommendations of the Board. If a property reviewed by the Secretary is determined to be fit for use by the homeless and the Secretary has identified a representative of the homeless whose notice of interest is certified, or, in the event of more than 1 notice of interest on the property, whose notice of interest is determined by the Secretary to have the most merit, the Federal agency maintaining custody or control of the property, in accordance with subsection (a), shall commence conveyance of the property to that representative of the homeless after the date on which the recommendations of the Board are required to be implemented by Federal agencies under section 14(i). If a property reviewed by the Secretary is determined to be unfit for use by the homeless, or if there is no identified notice of interest on the property by a representative of the homeless, the Federal agency maintaining custody or control of the property shall determine whether— there are any parties that have expressed interest in the property for a use described in subsection
(a)other than homeless assistance; and any Federal reviewing agency has certified 1 of those uses. If a Federal agency maintaining custody or control of a property determines that there is an identified notice of interest in the property for a certified use under subparagraph (B), as soon as practicable after the date on which the recommendations of the Board are required to be implemented by Federal agencies under section 14(i), the Federal agency shall— commence conveyance of the property to the party that proposed the certified use; and if more than 1 party has expressed interest in the property— select which party shall receive the property; and commence conveyance of the property to the party. If, after the date on which the recommendations of the Board are required to be implemented by Federal agencies under section 14(i), a property does not qualify, or there is no interest in a property reviewed, for 1 of the uses described in subsection (a), a Federal agency may select among any other remaining ways to implement the recommendations of the Board with respect to the property. Nothing in this Act modifies, alters, or amends the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). A Federal agency may dispose of or realign property without regard to any provision of law, as described in subsection (a), restricting the use of funds for disposal or realignment of Federal civilian real property included in any appropriations or authorization Act. In implementing recommendations of the Board under section 14(i) for properties that have been identified in those recommendations and are in compliance with CERCLA, including section 120(h) of that Act ( 42 U.S.C. 9620(h) ), a Federal agency may enter into an agreement with any person to transfer real property by deed. The head of the Federal agency disposing of property under this paragraph may require any additional terms and conditions in connection with an agreement authorized by subparagraph
(A)as are appropriate to protect the interests of the United States. Additional terms and conditions described in clause
(i)shall not affect or diminish any right or obligation of a Federal agency under section 120(h) of CERCLA ( 42 U.S.C. 9620(h) ). As part of an agreement pursuant to this Act, a Federal agency shall disclose to the person to whom property or facilities will be transferred, before entering into any agreement with the person, any information of the Federal agency regarding the environmental restoration, waste management, and environmental compliance activities described in this Act that relate to the property or facilities. Nothing in this section modifies, alters, or amends— CERCLA; or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.). .
Connectionstraces to 6
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.