§ 1204.504. Delegation of authority to grant leaseholds, permits, and licenses in real property.
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/us/cfr/t14/s§ 1204.504·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Delegation of authority. The National Aeronautics and Space Act, as amended, authorizes NASA to grant agreements for the use of NASA-owned and/or -controlled real property. This authority is delegated to the Assistant Administrator for the Office of Strategic Infrastructure and the Director, Facilities Real Estate Division.
(b)Definitions. The following definitions will apply:
(1)Real Property refers to land, buildings, structures (including relocatable structures), air space, utility systems, improvements, and appurtenances annexed to land referred to as real property assets. For purposes of NASA use, the term real property also includes related personal property, also known as collateral equipment.
(2)State means the States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States.
(3)Person includes any corporation, partnership, firm, association, trust, estate, or other entity.
(c)Redelegation.
(1)The Real Estate Branch Chief may, subject to the restrictions in paragraph
(d)of this section, grant a leasehold, permit, or license to any Person or organization, including other Government agencies, a State, or political subdivision or agency thereof. This authority may not be exercised with respect to real property which is proposed for use by a NASA exchange and subject to the provisions of NASA Policy Directive 9050.6, NASA Exchange and Morale Support Activities.
(2)The Real Estate Branch Chief may redelegate this authority to the appropriate warranted Real Estate Contracting Officer, in accordance with the requirements set forth in NPR 8800.15.
(d)Restrictions. Except as otherwise specifically provided, no leasehold, permit, or license shall be granted under the authority stated in paragraph
(c)of this section unless:
(1)The responsible Center Director has provided approval that such leasehold, permit, or license is appropriate.
(2)The Center Director provides certification to the appropriate Real Estate Contracting Officer:
(i)That the interest or rights to be granted are not required for a NASA program.
(ii)That the interests or rights to be granted will not be adverse to the interests of the United States nor interfere with NASA operations.
(3)That, in the case of leaseholds fair market value monetary consideration is received by NASA.
(4)The instrument granting the leasehold, permit, or license in real property is on a form or template approved by or directed to be used by the Real Estate Branch Chief, and provides, at a minimum:
(i)For unilateral termination by NASA in the event of:
(A)Default by the grantee; or
(B)Abandonment of the property by the grantee; or
(C)Force majeure circumstances including a determination by Congress, the President, or the NASA Administrator that the interest of the national space program, the national defense, or the public welfare require the termination of the interest granted, with advance, written notice provided to the grantee.
(ii)A liability waiver, indemnification requirements, environmental requirements, and insurance provisions as needed to suitably protect the United States from damages arising from the grantee's use of NASA real property.
(iii)That restoration provisions are provided for in the agreement that protect the interests of the United States and ensure the grantee is responsible for removal of any and all improvements in or on NASA real property.
(iv)Such other reservations, exceptions, limitations, benefits, burdens, terms, or conditions as are set forth in the forms and templates for leaseholds, permits, and licenses in real property approved by and directed for use by the Real Estate Branch Chief.
(e)Waivers. If, in connection with a proposed grant, the Real Estate Contracting Officer or Center Director determines that a waiver from any of the restrictions set forth in paragraph
(d)of this section is appropriate, a request may be submitted to the Assistant Administrator for the Office of Strategic Infrastructure or the Director, Facilities Real Estate Division.
(f)Distribution of documents. One copy of each document granting an interest in real property will be filed in the Central Depository for Real Property Documents at: National Aeronautics and Space Administration, Office of Strategic Infrastructure, Washington, DC 20546. [89 FR 26759, Apr. 16, 2024]