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Electronic Code of Federal Regulations

e-CFR data is current as of September 19, 2019

Title 32Subtitle AChapter VSubchapter JPart 644

TITLE 32—National Defense








Civil Works

Navigation projects.
Reservoir projects.
Mineral acquisition practices.
Feasibility Reports and Design Memoranda.
Acquisition lines.
Planning and scheduling real estate activities.

Military (Army and Air Force) and Other Federal Agencies

Site selection.
Real Estate Planning Documents.
Acquisition by Transfer from other Government Departments or Agencies (except Public Domain).
Withdrawal of Public Domain for Defense Purposes.
Required clearances.
Authority to issue Real Estate Directives.
Responsibility for acquisition.
Authority to proceed with acquisition.
Preliminary real estate work.


Appraisal report.
Gross appraisals.
Fee appraisals.
Rental value.
Appraisal of other interests.
Review and approval.


Procurement of Title Evidence, Title Clearance, and Closings

Title evidence.
Contracting for title evidence.
Award of contracts.
Ordering title evidence.
Payment for title services.
Approval of Title by the Attorney General.
Title Clearance—Certificate of Title and Title Insurance.
Title Clearance—Easements.
Closing of cases.
Final title assembly.
Transfer to condemnation.

Acquisition by Purchase, Donation, and Transfer

Prerequisites to acquisition.
General negotiation procedures.
Exceptions and reservations.
Preparation and execution of offers.
Other acquisition.

Involuntary Acquisition by the United States

Examples of involuntary acquisitions.
Litigation Reports.
Procurement of deed and title assembly.

Acquisition by Condemnation Proceedings

Applicable statutes in condemnation proceedings.
Filing of complaint without declaration of taking.
Acquisition by declaration of taking.
Revestment of title by stipulation.
Distribution, reservations, and title evidence.
Procedure prior to trial.
Procedure after final judgment.
Condemnation for local cooperation projects.
Leasehold condemnation requirements.

Acquisition by Leasing

Lease authorization and approvals.
Leasing guidelines.
Maneuver agreements.
Family housing leasing program.
Leases for civil works purposes.
Physical protection.
Alterations and construction on leased real property.
Lease forms and instructions.

Acquisition of Rights-of-Entry


Procurement of Options Prior to Real Estate Directives (Military)

Purpose and scope.
Authority and applicability.
Exercise of options.


Cross Reference.

Subpart E—[RESERVED]



Rules and regulations of the General Services Administration (GSA).
Disposal priorities.
Environmental considerations.
Preserving historic landmarks and properties.
Compliance with State Coastal Zone Management Programs.
Protection of wetlands.
Floodplain management.
Nondiscrimination covenant.
Disposition of proceeds from disposal.
Neutral language.

Procedure for Placing Real Property in Excess Status

Army military real property.
Air Force military real property.
Army military leased property.
Army civil works real property.

Screening, Reassignment and Transfer of Real Property

Screening for defense needs.
Reassignment and transfer procedures.
Screening of excess DOD property for nondefense Federal agency needs.
Notices to Departments of Interior (DI); Health and Human Resources (HHR); Education; and Housing and Urban Development (HUD).

Clearances—Army Military Real Property

Reports to the Armed Services committees.
Clearance with the Armed Services committees.
Prior approval of Department of Defense.
Additional data for clearance with the committees.
Coordination with GSA.

Reports of Excess Real Property and Related Personal Property to General Services Administration (GSA)

Delegation of authority to division and district engineers.
Excess property reported for disposal.
Excess property reported for screening.
Excess property exempted from reporting.
Evaluation and reporting of flood hazards.
Determination of values for reporting.
Conditional reports of excess.
Preparation and submission of reports of excess.
Report on Government title.
Outgrant instruments, appraisals and muniments of title.
Deposit of proceeds from disposal of family housing in the family housing management account.
Supplemental information.
Reports submitted for screening.
Distribution of report of excess.
Notice of receipt.
Withdrawals or corrections of reports of excess.
Supply of forms.

Care and Custody of Excess and Surplus Property

Procedures and responsibilities for care, custody, accountability, and maintenance.
Guidelines for protection and maintenance of excess and surplus real property.
Transfer of custody to General Services Administration (GSA).
Contracting for care and custody.
Care and custody through interim use.

Return of Public Domain Lands and Lands Obtained on a Temporary Basis From Another Federal Agency

Procedure for disposal of public domain land.
Formal revocation of public land withdrawals and reservations.
Cancellation of permits.
Procedure for cancellation of permits.
Restoration of lands made available by other Government agencies.
Disposal of buildings and other improvements.

Predisposal Action

Record of excess classification.
Utilization for other needs.
Suspension of acquisition action on installations proposed for disposal.
Army military—screening, clearance, preliminary report of excess, except where an E.O. 11954 survey has been made.
Army military—modified predisposal procedures where E.O. 11954 surveys have been made.
Executive Order 11954 surveys of civil works properties.
Predisposal conference.
Air Force—preliminary report of excess.
Final report of excess to GSA.
Protection of disposal information.
Coordination on disposal problems.
Assignment of personnel to administer.

Disposal of Fee-Owned Real Property and Easement Interests

Transfers among the armed services.
Transfers to Tennessee Valley Authority.
Transfers to Federal Prison Industries, Inc.
Transfers to Veterans Administration.
Transfers to Secretary of Transportation and the National Weather Service.
Transfers to District of Columbia.
Interchange of national forest and military and civil works lands.
Procedures for Interchange of National Forest Lands.
Procedure for other transfers.
Form of inter-agency transfer instrument.
Transfer of custody and accountability.
Exchanges of fee-owned land and easement interests.
MCA acts.
Army military and Air Force lands—$50,000 limitation.
Army civil works lands.
For MCA family housing.
Procedure for exchange.
Public Law 87-852 easements.
Disposal of property in which the military departments have a continuing interest under special acts of Congress.
Highway purposes.
Authorized widening of a public highway, street, or alley.
Airport development.
Development of public port or industrial facilities.
Authority and procedure for disposal of surplus property by DA to eligible public agencies.
Notice to eligible public agencies.
Airport property.
Wildlife purposes.
Shrines, memorials, or religious purposes.
Power transmission lines.
Assignment to Department of Health, Education, and Welfare (HEW) or successor agencies for health or educational purposes.
Surplus disposal to private parties.
Cottage site disposal.
Disposal plan for fee-owned land.
Disposal plan for easements.
Sale and conveyance.
Application of antitrust laws.
Preparation and execution of deeds.

Disposal of Leaseholds and Leasehold Improvements

Procedure for termination of leases.
Vacation and protection of premises.
Joint survey of premises.
Limits on government obligation to restore.
Requirement for notice by lessor.
Items excluded from usual restoration obligation.
Nature of required restoration.
Minor restoration cases—determining extent of restoration required.
Major restoration cases—determining extent of restoration required.
Negotiating restoration settlements.
Claims for loss or damage of personal property.
Rent during the period required for restoration.
Settlement where part of the premises is surrendered.
Documenting lease terminations and restoration settlements.
Preparation of supplemental agreements effecting settlement.
Supplemental agreement assembly.
Payment for restoration or settlement in lieu of restoration.
Performance of restoration work by district engineer—extension of time.
Termination and settlement of leasehold condemnation proceedings.
Negotiating stipulation where proposed settlement not acceptable.
Physical restoration where stipulation not obtained.
Release and record of physical restoration.
Condition reports.
Settlement of claims.

Disposal of Buildings and Other Improvements (Without the Related Land)

Methods of disposal.
Determining method of disposal.
Excessing Army military and Air Force property.
Excessing civil works property.
Civil works property—reimbursement of appropriation.
Demolition of buildings and other improvements for utilization of salvage material.
Authority for transfer of buildings and improvements to other Federal agencies.
Procedure for transfer.
Responsibility of transferee.
Assignment to Department of HEW or successor agencies.
Notification of Department of HEW or successor agencies.
Procedure for disposal through the Department of HEW or successor agencies.
Sale of buildings and other improvements.
Disposal of buildings and improvements constructed under emergency plant facilities (EPF) or similar contracts.
Procedure for disposal of surplus chapels.
Soliciting applications for purchase of chapels.
Conditions of sale of chapels.
Determining price and provisions of sale for chapels.
Coordination with the Chief of Chaplains.
Report on disposal of chapel.
Release of restrictions on chapels sold.
Donation, abandonment or destruction.
Donation to a public body.

Disposal of Standing Timber, Crops, and Embedded Gravel, Sand and Stone

Determination of excess status.
Methods of disposal.
Disposal plan for timber.
Disposal plan for embedded gravel, sand or stone.
Procedure for transfer to another Federal agency.
Agreement with Small Business Administration (SBA) on sale of timber.
Status as small business.
Information for SBA on timber sales.
Certificate of competency by SBA.
DA-SBA joint set-aside determination.

Clearance of Explosive Hazards and Other Contamination From Proposed Excess Land and Improvements

Clearance of Air Force lands.
Clearance of Army lands.
Determination of categories.
Contaminated industrial property.
Limitations on clearance cost.
Clearance of military scrap.
Restricting future of artillery and other ranges.
Reporting contaminated land to the General Services Administration.
Statement of clearance in reporting excess property to GSA.
Reporting target ranges.
Recording Statements of Clearance.
Return of contaminated leased land to owners.
Supplemental agreement with owner of contaminated leased land.
Conditions in conveying land suspected of contamination.
Warning to public of danger in handling explosive missiles.
Reporting accidents.
Contamination discovered after return of land to owner, or sale.
Return of public domain land.
Support in clearance of Air Force lands.

Sale Procedure

Award of contract.
Application of anti-trust laws.
Determination of acceptable offers after advertising.
Negotiated sales.
Form of invitation for bids and contract of sale.
Extensions of time.
Abstract of bids.
Sale to employees or military personnel.
Equal opportunity—sales of timber, embedded sand, gravel, stone, and surplus structures.
Statement of contingent or other fees.
Preparation and distribution of sales documents and reports of sales.
Insurance against loss or damages to buildings and improvements by fire or acts of God.

Inspections To Insure Compliance With Disposal Conditions

Properties requiring compliance inspections.
Civilian component training facilities.
Inspections of civilian component training facilities and other properties conveyed subject to conditions.
Inspections of civil works properties.

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