
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-504 Section 1]
[CITE: 40USC483]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
       CHAPTER 10--MANAGEMENT AND DISPOSAL OF GOVERNMENT PROPERTY
 
                   SUBCHAPTER II--PROPERTY MANAGEMENT
 
Sec. 483. Property utilization


(a) Policies and methods; transfer of excess property among Federal 
        agencies and other organizations; transfer of real property 
        located in Indian reservations to the Secretary of the Interior

    (1) Subject to the provisions of paragraph (2) of this subsection, 
in order to minimize expenditures for property, the Administrator shall 
prescribe policies and methods to promote the maximum utilization of 
excess property by executive agencies, and he shall provide for the 
transfer of excess property among Federal agencies and to the 
organizations specified in section 756(f) of this title. The 
Administrator, with the approval of the Director of the Office of 
Management and Budget, shall prescribe the extent of reimbursement for 
such transfers of excess property: Provided, That reimbursement shall be 
required of the fair value, as determined by the Administrator, of any 
excess property transferred whenever net proceeds are requested pursuant 
to section 485(c) of this title or whenever either the transferor or the 
transferee agency (or the organizational unit affected) is subject to 
chapter 91 of title 31 or is an organization specified in section 756(f) 
of this title; and that excess property determined by the Administrator 
to be suitable for distribution through the supply centers of the 
General Services Administration shall be retransferred as \1\ prices 
fixed by the Administrator with due regard to prices established in 
accordance with section 756(b) of this title.
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    \1\ So in original. Probably should be ``at''.
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    (2) The Administrator shall prescribe such procedures as may be 
necessary in order to transfer without compensation to the Secretary of 
the Interior excess real property located within the reservation of any 
group, band, or tribe of Indians which is recognized as eligible for 
services by the Bureau of Indian Affairs. Such excess real property 
shall be held in trust by the Secretary for the benefit and use of the 
group, band, or tribe of Indians, within whose reservation such excess 
real property is located: Provided, That such transfers of real property 
within the State of Oklahoma shall be made to the Secretary of the 
Interior to be held in trust for Oklahoma Indian tribes recognized by 
the Secretary of the Interior when such real property (1) is located 
within boundaries of former reservations in Oklahoma as defined by the 
Secretary of Interior and when such real property was held in trust by 
the United States for an Indian tribe at the time of acquisition by the 
United States, or (2) is contiguous to real property presently held in 
trust by the United States for an Oklahoma Indian tribe and was at any 
time held in trust by the United States for an Indian tribe.

(b) Duties of executive agencies

    Each executive agency shall (1) maintain adequate inventory controls 
and accountability systems for the property under its control, (2) 
continuously survey property under its control to determine which is 
excess property, and promptly report such property to the Administrator, 
(3) perform the care and handling of such excess property, and (4) 
transfer or dispose of such property as promptly as possible in 
accordance with authority delegated and regulations prescribed by the 
Administrator.

(c) Additional duties of executive agencies

    Each executive agency shall, as far as practicable, (1) make 
reassignments of property among activities within the agency when such 
property is determined to be no longer required for the purposes of the 
appropriation from which it was purchased, (2) transfer excess property 
under its control to other Federal agencies and to organizations 
specified in section 756(f) of this title, and (3) obtain excess 
property from other Federal agencies.

(d) Acquisition of excess personal property by Federal agencies for 
        grantees prohibited; exceptions

    Notwithstanding any other provisions of law, Federal agencies are 
prohibited from obtaining excess personal property for purposes of 
furnishing such property to grantees of such agencies, except as 
follows:
        (1) Under such regulations as the Administrator may prescribe, 
    any Federal agency may obtain excess personal property for purposes 
    of furnishing it to any institution or organization which is a 
    public agency or is nonprofit and exempt from taxation under section 
    501 of title 26, and which is conducting a federally sponsored 
    project pursuant to a grant made for a specific purpose with a 
    specific termination made: Provided, That--
            (A) such property is to be furnished for use in connection 
        with the grant; and
            (B) the sponsoring Federal agency pays an amount equal to 25 
        per centum of the original acquisition cost (except for costs of 
        care and handling) of the excess property furnished, such funds 
        to be covered into the Treasury as miscellaneous receipts.

    Title to excess property obtained under this paragraph shall vest in 
    the grantees and shall be accounted for and disposed of in 
    accordance with procedures governing the accountability of personal 
    property acquired under grant agreements.
        (2) Under such regulations and restrictions as the Administrator 
    may prescribe, the provisions of this subsection shall not apply to 
    the following:
            (A) property furnished under section 2358 of title 22, where 
        and to the extent that the Administrator of General Services 
        determines that the property to be furnished under such Act [22 
        U.S.C. 2151 et seq.] is not needed for donation pursuant to 
        section 484(j) of this title;
            (B) scientific equipment furnished under section 1870(e) of 
        title 42;
            (C) property furnished under section 580a of title 16, in 
        connection with the Cooperative Forest Fire Control Program, 
        where title is retained in the United States;
            (D) property furnished in connection with grants to Indian 
        tribes as defined in section 1452(c) of title 25; or
            (E) property furnished by the Secretary of Agriculture to 
        any State or county extension service engaged in cooperative 
        agricultural extension work pursuant to the Act of May 8, 1914 
        (7 U.S.C. 341 et seq.); any State experiment station engaged in 
        cooperative agricultural research work pursuant to the Act of 
        March 2, 1887 (7 U.S.C. 361a et seq.); and any institution 
        engaged in cooperative agricultural research or extension work 
        pursuant to sections 1433, 1434, 1444, or 1445 of the National 
        Agricultural Research, Extension, and Teaching Policy Act of 
        1977 (7 U.S.C. 3195, 3196, 3221, and 3222) or the Act of October 
        10, 1962 (16 U.S.C. 582a et seq.), where title is retained in 
        the United States. For the purpose of this provision, the term 
        ``State'' means any one of the fifty States, the Commonwealth of 
        Puerto Rico, Guam, American Samoa, the Commonwealth of the 
        Northern Marianas, the Trust Territory of the Pacific Islands, 
        the Virgin Islands of the United States, and the District of 
        Columbia.

    This paragraph shall not preclude any Federal agency obtaining 
    property and furnishing it to a grantee of that agency under 
    paragraph (1) of this subsection.

(e) Annual report by executive agencies to Administrator on excess 
        personal property furnished to recipient other than a Federal 
        agency; acquisition, identification, and disposition; report by 
        Administrator to Congress

    Each executive agency shall submit during the calendar quarter 
following the close of each fiscal year a report to the Administrator 
showing, with respect to personal property--
        (1) obtained as excess property or as personal property 
    determined to be no longer required for the purposes of the 
    appropriation from which it was purchased, and
        (2) furnished in any manner whatsoever within the United States 
    to any recipient other than a Federal agency,

the acquisition cost, categories of equipment, recipient of all such 
property, and such other information as the Administrator may require. 
The Administrator shall submit a report to the Senate (or to the 
Secretary of the Senate if the Senate is not in session) and to the 
House of Representatives (or to the Clerk of the House if the House is 
not in session) summarizing and analyzing the reports of the executive 
agencies.

(f) Repealed. July 12, 1952, ch. 703, Sec. 1(h), 66 Stat. 593

(g) Temporary assignment of excess real property space

    Whenever the Administrator determines that the temporary assignment 
or reassignment of any space in excess real property to any Federal 
agency for office, storage, or related facilities would be more 
advantageous than the permanent transfer of such property, he may make 
such assignment or reassignment for such period of time as he shall 
determine and obtain, in the absence of appropriation available to him 
therefor, appropriate reimbursement from the using agency for the 
expense of maintaining such space.

(h) Abandonment, destruction, or donation of property

    The Administrator may authorize the abandonment, destruction, or 
donation to public bodies of property which has no commercial value or 
of which the estimated cost of continued care and handling would exceed 
the estimated proceeds from its sale.

(June 30, 1949, ch. 288, title II, Sec. 202, 63 Stat. 384; July 12, 
1952, ch. 703, Sec. 1(f)-(h), 66 Stat. 593; 1970 Reorg. Plan No. 2, 
Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Pub. L. 93-
599, Jan. 2, 1975, 88 Stat. 1954; Pub. L. 94-519, Sec. 3, Oct. 17, 1976, 
90 Stat. 2454; Pub. L. 97-98, title XIV, Sec. 1443, Dec. 22, 1981, 95 
Stat. 1321.)

                       References in Text

    Such Act, referred to in subsec. (d)(2)(A), is the Foreign 
Assistance Act of 1961, Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as 
amended, which is classified principally to chapter 32 (Sec. 2151 et 
seq.) of Title 22, Foreign Relations and Intercourse. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 2151 of Title 22 and Tables.
    Act of May 8, 1914 (7 U.S.C. 341 et seq.), referred to in subsec. 
(d)(2)(E), is act May 8, 1914, ch. 79, 38 Stat. 372, as amended, 
popularly known as the Smith-Lever Act, which is classified generally to 
subchapter IV (Sec. 341 et seq.) of chapter 13 of Title 7, Agriculture. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 341 of Title 7 and Tables.
    Act of March 2, 1887 (7 U.S.C. 361a et seq.), referred to in subsec. 
(d)(2)(E), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, as amended, 
popularly known as the Hatch Act of 1887, which is classified generally 
to sections 361a to 361i of Title 7. For complete classification of this 
Act to the Code, see Short Title note set out under section 361a of 
Title 7 and Tables.
    Act of October 10, 1962 (16 U.S.C. 582a et seq.), referred to in 
subsec. (d)(2)(E), is Pub. L. 87-788, Oct. 10, 1962, 76 Stat. 806, as 
amended, popularly known as the McIntire-Stennis Act of 1962, which is 
classified generally to subchapter III (Sec. 582a et seq.) of chapter 3 
of Title 16, Conservation. For complete classification of this Act to 
the Code, see Short Title note set out under section 582a of Title 16 
and Tables.

                          Codification

    In subsec. (a)(1), ``chapter 91 of title 31'' substituted for ``the 
Government Corporation Control Act (59 Stat. 597, 31 U.S.C. 841)'' on 
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, 
the first section of which enacted Title 31, Money and Finance.
    Section was formerly classified to section 232 of Title 41, Public 
Contracts.


                               Amendments

    1981--Subsec. (d)(2)(E). Pub. L. 97-98 added subpar. (E).
    1976--Subsecs. (d), (e). Pub. L. 94-519 added subsecs. (d) and (e). 
Former subsecs. (d) and (e) had been repealed by act July 12, 1952, ch. 
703, Sec. 1(h), 66 Stat. 593. See 1952 Amendment note below.
    1975--Subsec. (a)(1). Pub. L. 93-599 redesignated existing subsec. 
(a) as par. (1) and substituted ``Subject to the provisions of paragraph 
(2) of this subsection, in order to minimize'' for ``In order to 
minimize''.
    Subsec. (a)(2). Pub. L. 93-599 added par. (2).
    1952--Subsec. (a). Act July 12, 1952, Sec. 1(f), permitted better 
utilization of excess property by other Federal agencies which have need 
for such property, and provided more flexible methods of transfer.
    Subsec. (c)(2). Act July 12, 1952, Sec. 1(g), inserted ``and to 
organizations specified in section 756(f) of this title''.
    Subsecs. (d) to (f). Act July 12, 1952, Sec. 1(h), repealed subsecs. 
(d) to (f).


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801 
of Pub. L. 97-98, set out as an Effective Date note under section 4301 
of Title 7, Agriculture.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-519 effective Oct. 17, 1977, see section 9 
of Pub. L. 94-519, set out as a note under section 484 of this title.

                          Transfer of Functions

    Functions vested by law (including reorganization plan) in Bureau of 
the Budget or Director of Bureau of the Budget transferred to President 
of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. 
July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to 
Title 5, Government Organization and Employees. Section 102 of Reorg. 
Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of 
Management and Budget.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

     Lease and Assignment of Building Space; Management; Exceptions

    All functions with respect to acquiring space in buildings by lease, 
all functions with respect to assigning and reassigning space in 
buildings for use by agencies (including both space acquired by lease 
and space in Government-owned buildings), and all functions with respect 
to the operation, maintenance, and custody of office buildings owned by 
the Government and of office buildings or parts thereof acquired by 
lease, including those post-office buildings which, as determined by the 
Director of the Bureau of the Budget, are not used predominantly for 
post-office purposes, were, with certain exceptions, transferred from 
the respective agencies in which theretofore vested to the Administrator 
of General Services by sections 1 and 2 of Reorg. Plan No. 18 of 1950, 
eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out under section 
490 of this title. For delegation of those transferred functions to 
other personnel of the General Services Administration, or to the heads 
and personnel of other agencies, and for transfer of personnel, 
property, records, and funds, see sections 3 and 4 of that Plan.

                  Section Referred to in Other Sections

    This section is referred to in sections 475, 481, 483c, 483d, 512 of 
this title; title 10 section 2814; title 25 section 1812; title 38 
section 8162; title 42 section 11411.
