It is the policy of the Federal Government that real estate holdings of Governmental agencies be limited to the minimum required to accomplish authorized programs and that these properties be utilized in an economical, efficient, and practical manner. Real property under the custody and control of the ARS shall be limited to the land area and the number and types of buildings/structures and other improvements essential to the support of its research programs.
ARS had been delegated authority to determine that excess real property and related personal property under the control of USDA having a total estimated FMV, including all the component units of the property, of less than $50,000 as determined by ARS; and to dispose of said property by means deemed advantageous to the United States.
Under AGPMR l10-75.175, ARS has been delegated authority to transfer to and accept transfers from non-USDA Federal agencies, of buildings and facilities. Transfer of land or buildings and facilities with land is reserved to the Department’s Office of Procurement and Property Management (OPPM).
DELEGATION OF AUTHORITY TO REAL PROPERTY LEASING OFFICERS (RPLO).
P&P 165.0, Real Property Leasing Officer and Lease Delegations of Authority and ARS Manual 245.1, Real Property Manual outline the disposal authorities delegated to the Areas. RPLO's are authorized to accomplish the following real estate disposal actions:
PROCEDURES FOR THE DISPOSAL OF BUILDINGS ON ARS LAND
When it has been determined that buildings, structures, improvements, and related personal property ("real property") are excess to the research requirements of a location and/or worksite, a location official should contact the RPLO. The following actions are required.
a. The FMV is $50,000 or less.
(l) Inventory. Specific items of the inventory of ARS real property, excess to research requirements, must be identified.
(2) Valuation. For the real property identified for excess, determine the FMV through in-house estimate. In addition, review property records to determine the acquisition or construction cost of the real property identified for excess. If the FMV of the real property is greater than $50,000, proceed to Section 8b.
(3) Preparation of SF-118, ll8a, and ll8c . Specific items of the inventory of ARS real property, excess to research requirements, are to be annotated on GSA SF-ll8, Report of Excess Real Property; ll8a, Buildings, Structures, Utilities, and Miscellaneous Facilities, Schedule A; and, as necessary, ll8c, Related Personal Property, Schedule C. These forms may be found at: http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType=ALL
(a) Block l. (Holding Agency No.). The nine-digit inventory number assigned by FD to the ARS location or worksite. The first four numbers will always be 1205. The last five numbers will vary depending on the Location inventory number.
(b) Block 2. (Date of Report). Date (month, day, and year) of preparation of report.
(c) Block 3. (To). Leave blank.
(d) Block 4. (From). Leave blank.
(e) Block 5. (Name and Address of Representative to be Contacted). Indicate the name of the APMO and the address of the Area office.
(f) Block 6. (Name and Address of Custodian). Indicate the name and address of the Center Director, Laboratory Director, Location Coordinator, or other ARS official who has custody of the real property.
(g) Block 7. (Property Identification). Indicate the name of the location and/or worksite where the excess real property is located.
(h) Block 8. (Property Address). Indicate the address of the location and/or worksite associated with Block 7.
(i) Block 9. (Space Data). For 9a through c, indicate the number of buildings, being reported as excess, by use category, the associated square footage, and the number of floors. (Leave blank, floor load capacity, and clear headroom.)
For 9d, indicate total number of buildings, being reported as excess, and total amount of square feet.
For 9e, indicate the total number of buildings, being reported as excess, and the associated square footage. Generally speaking, totals indicated in 9e will be the same as 9d.
For 9f, if buildings have been identified under 9c, "Other," indicate the type and the number, e.g., "greenhouse (l)."
(j) Block l0. (Land). Leave blank.
(k) Block ll. (Cost to Government). For lla, indicate the total capitalized value of all real property being reported as excess.
For llb, leave blank.
For llc, indicate the total cost of related personal property being reported as excess. This includes the acquisition cost plus costs associated with original installation and transportation.
For lld, indicate the total of lla and llc.
For lle, indicate the total estimated direct annual cost to ARS of protecting and maintaining the real property being reported as excess, while it is excess (Refer to Exhibit 4 for item-by-item breakdown of the protection and maintenance figure.) For each item listed on Exhibit 4 for which there is no associated cost, indicate "none." After totaling the cost figures and rounding to the closest $l00 figure, the form should be signed by the Area's RPLO and included with disposal documents.
If there is no REWO for a given Area, the form should be signed by the AAO.
(l) Block l2. (Leasehold Data). Leave blank.
(m) Block l3. (Disposition of Proceeds). Leave blank.
(n) Block l4. (Type of Construction). Indicate general type of building material, e.g., wood, metal, glass, concrete block, etc.
(o) Block l5. (Holding Agency Use). Indicate the use to which the real property, being reported for excess, was used by ARS, e.g., office, laboratory, storage, etc.
(p) Block l6. (Range of Possible Uses). Indicate other types of uses that the real property may have. If no other uses, indicate "none."
(q) Block l7. (Names and Addresses of Interested Federal Agencies and Other Interested Parties). For donations, indicate the name and address of any party expressing interest in the excess real property. For abandonment and demolition, indicate "none."
(r) Block l8. (Remarks). Indicate recommended method of disposal, e.g., demolition, donation, abandonment.
(s) Block l9. (Report Authorized By). Indicate name and title of the Area RPLO. If none exists, indicate name of AAO.
The report should be signed by the Area RPLO; if none exists, the AAO.
(NOTE: For buildings and/or structures destroyed by fire, or weather-related incidents, etc., prepare SF-ll8 ONLY and indicate in Block l8 the date of destruction.)
(a) Block l. (Holding Agency No.) The nine-digit inventory number assigned by FD to the ARS location or worksite. The first four numbers will always be l205. The last five digits will vary depending on the Location inventory number.
(b) Block 2. (Page) Number each page sequentially.
(c) Block 3. (Annual Rental). Leave blank.
(d) Line No. (a). Preprinted.
(e) Holding agency building number (b). Indicate the identification number assigned to the particular building or structure being reported as excess.
(f) Description (c). For each building or structure being reported as excess, indicate use (e.g., office, laboratory); type of material (e.g., wood, metal); for utilities, pertinent data (e.g., capacity, underground/overhead, etc.); original date of acquisition, construction, or installation.
(g) Cost (d). Indicate the acquisition cost of each building or structure being reported as excess.
(h) Outside dimensions (e). Indicate outside dimensions of building or structure. Leave blank for utility systems.
(i) Floor area (f). For building or structure, indicate amount of square feet per floor. If one floor size is different from the other(s), calculate average and indicate that the figure annotated is an "average."
(j) Number of floors (g). Indicate number of floors in each building or structure. For utility systems, roads, etc., indicate "N/A."
(k) Clear headroom (h). Leave blank.
(l) Floor load range (i). Leave blank.
(m) Restrictions on use or transfer of government interest (j). Leave blank.
(n) Total. Total columns (d) and (f). Insert total for (d) in Block llA on SF-ll8. Enter total for (f) in Block 9d on SF-ll8.
(a) Block l. (Holding Agency No.) The 9-digit inventory number assigned by GSA to the ARS location or worksite. The first four numbers will always be l205. The last five digits will vary depending on the Location inventory number.
(b) Block 2 (Page). Number each page sequentially.
(c) Block 3 (SCC Group). Leave blank.
(d) Item No. (a). Number each entry in a sequential manner.
(e) Description (b). Provide a general description of each item of related personal property. If known, indicate standard catalogue reference number. Also indicate the National Finance Center I.D. number assigned to the property.
(f) Standard Commodity classification (c). Leave blank.
(g) Condition (d). Indicate condition of each item of related personal property by the following combination code (e.g., N-2).
N - New
E - Used, reconditioned
O - Used, usable without repairs
R - Used, repairs required
X - Items of no further value for use as originally intended, but of possible value other than scrap
l - Excellent
2 - Good
3 - Fair
4 - Poor
(h) Unit (e). Indicate unit of measure (e.g., pounds, tons, gross, etc.). If not applicable, indicate "N/A."
(i) Number of units (f). Indicate the number of each individual item being reported as excess.
(j) Unit cost (g). Enter original acquisition cost per unit, including transportation and installation costs.
(k) Total cost (h). Multiply "number of units" times "unit cost" and enter total.
(l) Total. Total column (h). Enter total for (h) in Block llc on SF-ll8.
(4) Health and safety clearances . The building or structure being reported as excess should be evaluated to determine if the method of disposal poses a danger or threat to public health or safety. If the disposal action poses a threat, the property must first be rendered safe.
(5) National Register Property. Disposal of excess buildings or structures listed on the National Register of Historic Places shall first be cleared by the RPLO through the SHPO.
(6) Approval. Prepare a Statement of Findings for the proposed method of disposal: Abandonment (Exhibit 1); Demolition (Exhibit 2); Donation (Exhibit 3).
The Statement should be signed, as "Recommending Official" by the location official identified in Block 6 of the SF-ll8.
After signature by the Recommending Official, the Statement should be signed by the AD and AAO as "Concurring Officials."
After signature by the Recommending Official and Concurring Officials, the Statement should be signed by the Area's RPLO as "Approving Official." (If the Area has no REWO, the Statement, together with the SF-ll8, SF-ll8a, and as appropriate, SF-ll8c, should be forwarded to FD for approval.)
(7) Inventory adjustment . Upon preparation of report of excess documentation, receipt of requisite approvals and clearances, and completion of the demolition or abandonment action, the real property inventory should be adjusted to remove the building or structure from plant account records. In addition, if excess personal property is involved, the PROP inventory should be adjusted.
For donations, prepare an AD-l07 (Exhibit 8) in accordance with the following instructions.
(a) Type date in the upper right-hand corner.
(b) Block l. (Type of Transaction). An "X" should be indicated in the box next to "donation."
(c) Block 2. Leave blank.
(d) Block 3. Leave blank.
(e) Block 4. (Reporting Agency). Indicate USDA-ARS.
In 4a, indicate the name of the ARS facility where the donated property is located. In 4b, the City/State where the ARS facility is located. In 4c, the report should be signed by the Area RPLO (or, by the AAO if none exists). In 4d, the title of the ARS official who signed the AD-l07.
(f) Block 5. (Receiving Agency). Indicate the name of the recipient of the property. Annotate 5a and 5b as appropriate. In 5c, the report should be signed by an official with authority to accept property. In 5d, the title of the signatory official should be indicated. In Block 5e, indicate the date that accountability for the property is transferred.
(g) Block 6. (Property Items). Under "Quantity" annotate the block with whatever number is used in inventory records.
Under "Item Description," thoroughly describe the property being donated, including building number, building name, etc. Include the following statement:
"Acceptance of title by the recipient name relieves the Agricultural Research Service and the U.S. Government from further responsibility for the items of donation, its removal, or restoration of the site."
Under "Inventory Value," indicate the capitalized value of the excess property.
(h) State whether or not this property contains fixtures or related personal property that have possible historic, architectural, archeological, or cultural value. If any such items exist, specifically identify, describe, and state whether on or eligible for listing on the National Register. Include the Advisory Council and State Historic Preservation Officer comments and proposed protective covenants.
(i) State whether or not this property has historical, architectural, archeological, or cultural significance and is listed, eligible for listing, or in proximity to any property which is listed on the National Register. Provide details together with the Advisory Council and the State Historic Preservation Officer comments and proposed protective covenants.
(j) List any other significant environmental considerations such as prime or unique farmland, ecologically critical area, endangered species critical habitat, parkland, active geological fault area or unique geological feature, and/or wild and scenic rivers or wildlife refuge.
(k) Advise that this property has been screened against the known needs of this holding agency.
(l) State that this property, in its present condition, is not dangerous or hazardous to the public health and safety, e.g., toxic waste contamination, military ordnance and explosive waste, debris. If this statement cannot be made, explain extent of contamination and plans for decontamination. Also advise of the existence of any underground storage tank(s).
(m) Certify that this holding agency is in compliance with 40 CFR 76l, "PCB's Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions," as it relates to PCB use, storage, handling, and disposal on this property, as follows:
(n) Certify that this property contains no asbestos material, such as is sometimes used to insulate ceilings, pipes, and ducts, or to fireproof structural members. If property contains asbestos, specifically identify and describe location, advise if asbestos is friable, and if friable provide plans for eliminating the problem in accordance with EPA regulations.
(o) Advise whether or not the property is located on an Indian Reservation and if known, whether the property qualifies under P.L. 93-599 for transfer to the Indians.
(p) State whether or not this property is located within the corporate limits of a city or town. If it is, provide name of city or town and name and address of mayor or city manager.
b. The FMV is greater than $50,000 and the capitalized value is greater than $50,000.
The following procedures should be observed for reporting as excess, real property, with a FMV greater than $50,000, for demolition or abandonment, (for donations, an estimated FMV in excess of $250,000.)
(l) Inventory. Specific items of the inventory of ARS real property, excess to research requirements, must be identified.
(2) Valuation. For the real property identified for excess, determine the FMV through in-house estimate. In addition, review property records to determine the acquisition cost of the real property identified for excess.
(3) Preparation of SF ll8, ll8a, and ll8c. Follow instructions set forth in 8a (3) for preparation of SF's-ll8, -ll8a, and -ll8c except for the following:
(a) SF-ll8, Block 3(To). Indicate the name/address of the Regional GSA office with jurisdiction over the site where the excess real property is located. (GSA Regional Offices can be found on the web at www.gsa.gov.)
(NOTE: For disposal actions for which the GSA National Capital Region has jurisdiction, after preparation, forward disposal documents to FD.)
(b) SF-ll8, Block 4 (From). Indicate the name and address of the appropriate RPLO.
(4) Health and safety clearances. The real property being reported as excess must be evaluated to determine if the property and/or recommended method of disposal is dangerous or hazardous to health and safety. Any report of excess requiring the concurrence of GSA shall state the extent of such contamination, the plans for decontamination, and the extent to which the property may be used without further decontamination. Any facility or site where radioactive materials have been used must be decommissioned so that the level of any residual radioactivity remaining in the facility or on the site is low enough to allow unrestricted use of the facility or site.
For property containing asbestos (to the extent such information is reasonably available or ascertainable from agency files, personnel, and other inquiry) a description shall be provided of the type, location, and condition of asbestos that has been incorporated in the construction, repair, or alteration of any building or improvement on the property (e.g., siding, pipe insulation) and a description of any asbestos control measures taken for the property.
Where available, without conducting specific studies and/or tests, agencies shall provide any available indication of costs and/or time necessary to remove all or any portion of the asbestos-containing materials.
(5) National Register Property. Disposal of excess real property listed on the National Register of Historic Places shall first be cleared through the State Historic Preservation Officer.
(6) Approvals. Follow instructions set forth in 8a (6).
(7) GSA concurrence. In addition to the approvals required by Section 8b (6) herein, the RPLO shall obtain concurrence of GSA prior to:
(a) Donation of real property with a FMV (estimated if not known) in excess of $250,000.
(b) Abandonment or destruction of real property with an estimated FMV greater than $50,000.
To obtain the concurrence of GSA, forward the completed SF-ll8, the Statement of Findings (pertinent to the recommended method of disposal) and the safety certification required under Section 8b (5) herein. A cover letter citing 4l CFR l02-75 as the basis for the action should be prepared forwarding the disposal documentation.
The following instructions are to be observed when reporting as excess ARS-owned land or ARS-owned land with improvements ("real property").
a. Inventory. Specific items of the inventory of ARS real property, excess to research requirements, must be identified.
b. Preparation of SF-ll8, -118a, -ll8b (Exhibit 9), and -ll8c. Follow instructions set forth in 8a (3) and 8b (3) for preparation of SF-ll8, ll8a, and ll8c except for the following:
(1) SF-ll8, Block l0 (Land). In Block l0a, indicate the number of acres of land being reported or excess and held in fee simple title; in l0b, the number of acres leased and being reported as excess; and in l0c, the number of acres held in other than fee simple or lease, e.g., easement. Provide the total number of acres, being reported as excess, in Block l0d.
(2) SF-ll8, Block llb (Land). Indicate the original acquisition cost of the land being reported as excess.
(3) SF-ll8, Block l2 (Leasehold(s) Data). If leased land is being reported as excess in addition to fee simple land, this section should be filled out. In Block l2a, indicate the total annual rent paid by the Government. In Block l2b, indicate the annual rent per acre or square foot of land being leased.
In Block llc, indicate the expiration date (month, day, year) of the current lease term. In Block lld, indicate "yes" if the lease contains renewal rights. In Block llf, indicate the date by which a renewal notice must be sent for extension of the lease for another term. In block llf, indicate the annual rent per acre or square foot applicable for the subsequent lease term. In Block llg, indicate for the lessor and the Government, the number of days in advance that the termination notice must be issued.
(4) SF-ll8, Block l8 (Remarks). List any restrictions which should be placed on future use of the real property and any known restrictions on the Government's rights to reassign, transfer, or otherwise dispose of the property. Indicate any reservations needed to protect the Government's remaining interest.
(5) SF-ll8b, Land, Schedule C. List, individually, each tract/parcel of land, separately purchased, which make up the Report of Excess.
(a) Block l (Holding Agency No.). Indicate the nine-digit inventory number assigned by GSA to the ARS location or worksite. The first four numbers will always be l205. The last five digits will vary depending on the Location inventory number.
(b) Block 2 (Page). Number each page sequentially.
(c) Block 3 (Government interest). Check appropriate box; for land occupied under a permit from another Federal Agency, check "informal agreement"; for land occupied under a Revocable Permit, check "license"; for land occupied under an MOU or Cooperative Agreement, check "informal agreement."
(d) Line no. (a). Preprinted.
(e) Tract no. (b). Indicate the number of the parcel being reported as excess (applicable if more than one acquisition).
(f) Name of former owner or lessor and address (c). For each tract of land, indicate the name of the individual, company, etc., from whom the Government acquired the land. For leases, indicate both the name and address of the lessor.
(g) Tract acquired (d). Enter total amount of land associated with the original acquisition. Also provide a unit of measurement.
(h) Acres or square feet (e). Enter actual portion of the land shown in Block (d) being reported as excess.
(i) Cost (f). Provide the acquisition cost of the land.
(j) Annual rental (g). If land is leased, enter total annual rental charges to ARS.
(k) Type of acquisition (h). Indicate method of acquisition, e.g., purchase, condemnation, exchange, transfer, etc.
(l) Restrictions on use or transfer of Government interest (i). Describe any encumbrances which run with the land, e.g., easements, outstanding mineral rights, contamination, permits/leases.
(m) Total. Total columns d, e (enter in Block l0d of SF-ll8); f (enter in Block llB of SF-ll8); g (enter in Block l2a of SF-ll8).
c. Report on Title. In all cases where Government-owned land is reported as excess, there shall be attached to and made a part of the documentation package a Report on Title. The report shall be signed by the Area REWO and include the following:
(1) A survey map, drawing, and a written metes and bounds legal description of the land to be disposed of as performed by boundary survey. The description will be tied into existing boundary lines and/or permanent monuments indicating property corners of the location/worksite and will make reference to a conforming survey map or drawing.
(2) State that the title was obtained by transfer, deed, condemnation, or withdrawal for the public domain. Attach a legible copy of the Deed or Declaration of Taking, as recorded in County land records.
(3) If withdrawn from public domain, state that the Agency has been advised by the Secretary of the Interior that the property is not suitable for return to the public domain and the property may be reported to GSA for disposal. Enclose a copy of the Department of the Interior's notification and report.
State all exceptions, reservations, conditions, and restrictions relating to the title acquired and attach legible copies of all such easements, or other encumbrances. A copy of the Government's title insurance policy and opinion of title by the Attorney General or other attorney, at the time of acquisition, should be included if available.
(4) Furnish date of acquisition of the property. State that no action, thing, or circumstance that occurred from the date of acquisition of the property by the United States to the date of the report which in any way affected or may have affected the right, title, and interest of the United States in and to the real property (together with copies of such legal comments or opinions as may be contained in the file concerning the manner in which and the extent to which such right, title, or interest may have been affected) OR list all easements, permits, and other encumbrances affecting title and provide legible copies of same. Include ownership information of minerals and copies of leases, if appropriate.
(5) The status of civil and criminal jurisdiction over the land that is peculiar to the property by reason of it being Government-owned land. In the absence of any special circumstances, a statement to that effect shall be made a part of the report.
(6) State whether or not this property is located in an identified floodplain or wetlands. List the restricted uses, furnish appropriate deed covenants, and cite the applicable Federal, State, or local regulations addressing the same for those properties located in a flood hazard area.
d. Appraisal. Any appraisal reports in the possession of the holding agency of the FMV or the fair annual rental of the real property reported should be submitted.
e. Reservation of easement. In many cases where the Report of Excess does not include the entire location, it will be found that roads and/or utilities which serve the residual property being retained are located on the property being reported as excess. In these cases, it will be necessary to retain title to the roads and utilities to assure that the residual property will have adequate access and/or have required utility service. It will be necessary to include a metes and bounds or centerline description and a map of the property to be retained.
f. Approvals. All land disposal actions must be sent to FD for approval and further processing. In support of that action, documents described in Sections 9b (including annual protection and maintenance costs - Exhibit 4), 9c, 9d, 9e, and 9f herein are to be completed and forwarded to FD under a cover letter signed by the AD and AAO. Upon receipt and review of the documentation, FD will forward all material to USDA-OPPM. FD will notify the Area office when the Report of Excess has been accepted by GSA.
g. Annual protection and maintenance costs. ARS, as holding Agency for the excess property, is responsible for physical care, handling, protection, maintenance, and repairs for excess and surplus real and related personal property pending its disposal by GSA. It is also responsible for the expenses of such activities for not more than l2 months, plus the period to the first day of the succeeding quarter of the fiscal year after the date of GSA acceptance of the report of excess. Any such expenses incurred by ARS after this period shall be reimbursed by GSA. However, management responsibility for the property remains with ARS until the property is disposed of by GSA. Item lle of SF-ll8 provides a block for reporting the estimated annual protection and maintenance cost. This amount should be carefully compiled.
a. ARS is designated as the disposal Agency for the following types of real property:
(l) Leases, permits, licenses, easements, and similar real estate interests in non-Government owned property (including Government-owned improvements located on the premises.)
(2) Fixtures, structures, and improvements of any kind to be disposed of without the underlying land with the exception of Government-owned machinery and equipment, which are fixtures being used by a contractor-operator where such machinery and equipment will be sold to the contractor-operator.
(3) Standing timber and embedded gravel, sand, and stone to be disposed of without the underlying land.
b. For buildings or structures located on leased land or on other non-fee simple held land interests to be disposed of, the following procedures apply:
(1) For long-term lease agreements, negotiated pursuant to 7 USC 2250a, refer to FD for determination.
(2) For year-to-year lease agreements, review the terms and conditions of the lease agreement and apply, as appropriate and if permissible under the lease agreement, the following procedures:
(a) Transfer the lease, license, permit, or other similar interest subject to the assumption by the transferee of the obligations of the instrument unless a transfer is prohibited by the terms and conditions of the instrument.
(b) Dispose of any surplus Government-owned improvements on the premises in the following order by one or more of the following methods:
DISPOSAL OF EASEMENTS
Subject to the RPLO delegation, easements may be terminated when:
If the easement is recorded in the public records, the disposal instrument must be prepared such that it may also be recorded and is recorded in the same public records as is the easement.
Indicate the circumstances under which disposals may be accomplished by negotiation in lieu of competitive bidding. Included are disposals of property with an estimated commercial value less than $l5,000. Also included are circumstances where it is impractical to advertise publicly for competitive bids and the commercial value of the property can be obtained through negotiation.
For all disposals accomplished by the Area RPLO not requiring the approval of FD, copies of the fully executed Statements of Findings only shall be provided to FD. Copies of completed AD-l07's shall be provided to the location where the excess property is located.
Last Updated: 08/05/2014