Procedural
Requirements
Effective Date: October 08, 2024
Expiration Date: October 08, 2029
|
|
NASA Procedural Requirements |
NPR 8800.15F Effective Date: October 08, 2024 Expiration Date: October 08, 2029 |
| | TOC | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | Chapter8 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | ALL | |
7.1.1 Chapter 7 of this NPR provides guidance on the disposal of NASA's real property assets. Divestment is the permanent removal of a real property asset from the responsibility of a Federal entity through conveyance to another entity or destruction. Divestment occurs only when the disposing Federal entity no longer has custody, control, and accountability for a real property asset. Divestment, disposition, and disposal are synonymous terms that may be used interchangeably with regard to real property.
7.1.2 All disposals fit into one of the following divestment categories identified by GSA, recognized throughout the Federal Government, and defined in Appendix A of this NPR:
a. Demolition (may also be referred to as deconstruction).
b. Federal transfer.
c. In-grant Lease expiration.
d. In-grant Lease termination.
e. Other - may include destruction due to natural or man-made events such as fire, earthquake, flood, or explosion.
f. Public benefit conveyance.
g. Sale - either negotiated or public.
7.1.3 Although NASA has the authority to dispose of its real property assets, NASA should use GSA when possible to perform dispositions other than demolitions.
7.1.4 The Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. § 101 et seq., establishes GSA as the Federal agency responsible for the disposal of Federal assets with the authority to institute regulations for such actions, which are found in Real Property Disposal, 41 CFR, subch. C, pt. 102-75.
7.1.5 NASA is required to dispose of real property in accordance with the provisions of Public Buildings, Property, and Works, 40 U.S.C. et seq., and Public Contracts, 41 U.S.C., as provided in Powers of the Administration in Performance of Functions, 51 U.S.C. § 20113 (c)(4).
7.1.6 The RPAO shall receive requests from the Center and coordinate all disposals of real property with the RPDO.
7.1.7 HUD administers the McKinney-Vento Homeless Assistance Act, 42 U.S.C. ch. 119, commonly called the Homeless Assistance Act or McKinney Act, which requires Federal agencies to identify and make available excess Federal buildings and land for use by States, local governments, and nonprofit agencies to assist the homeless. HUD requests information from Federal agencies regarding unutilized, underutilized, excess, and surplus Federal real properties including land, buildings, and relocatable buildings.
a. The RPAO shall coordinate and submit a completed Title V Property Survey to the RPDO for all buildings and land identified as meeting the McKinney Act criteria that are proposed for disposal. This includes all buildings and land that are classified as not utilized and underutilized.
b. The RPAO shall submit the Survey to the RPDO early in the disposition process to allow adequate time for HUD's review, determination, and screening requirements.
c. Once HUD completes its review and Federal screening requirements, HUD will issue a suitability determination and notice of Federal Register announcement to NASA for all properties NASA submits.
(1) The RPDO shall notify the RPAO upon completion of the screening process.
(2) The RPAO shall record HUD information in RPMS.
7.2.1 Demolition, including deconstruction, is an appropriate disposal action for certain NASA real property assets no longer required by NASA. To propose demolition of NASA real property, the following requirements will be met:
a. The Center FURB should approve and the Center Director or designee should submit Center disposal recommendations.
b. If the property is historic, the Center is required to conduct an alternatives analysis to identify opportunities for adaptive reuse, as described in NPR 8820.2 Chapter 6, Demolition/ Deconstruction.
c. The Center shall declare the property excess to the Center's needs to the RPAO.
d. If the real property is to be demolished, the CDPM should notify the RPAO upon determination.
e. The RPAO shall submit a completed Title V Property Survey to the RPDO in accordance with Section 7.1.7 of this NPR.
f. The RPAO shall send a disposal request memo signed by the Center Director or designee for approval of disposal to the RPDO and REB Branch Chief and include the HUD determination.
g. Upon approval of the demolition request by the REB Chief, the CDPM shall submit NF1509 to NASA Headquarters for approval. Requirements and processes for NF1509 are detailed in NPR 8820.2.
h. The CDPM shall complete all actions required for demolition in accordance with NPR 8820.2.
i. Within 30 days of the completed physical demolition of the real property, the CDPM shall submit a NF1046 to the RPAO to record the property as demolished in RPMS.
7.3.1 Centers may use the process outlined in the Divestment Process Flow Chart in Appendix D of this NPR to determine an appropriate disposition approach.
7.3.2 Before a divestment action can be initiated by a Center, the following criteria will be met:
a. The real property will be declared as excess of the needs of the holding Center through the Center FURB.
b. The RPAO and FUO shall discuss the property with all program offices at the Center to determine if they need the property.
c. The Center's OGC shall review proposed disposal actions for legal sufficiency.
d. The RPAO shall submit a written request identifying and presenting the rationale for disposal to the RPDO and REB Branch Chief for review and approval.
e. Upon approval by the REB Chief, the RPDO shall notify all NASA Centers that the real property asset is available for use. This property screening will provide Centers and programs an opportunity to request use of the property.
(1) Centers/programs with interest in all or part of the property shall submit written responses to the RPDO within the time frame specified in the screening notice.
(2) The request to use the property will show that the property is essential to accomplish an assigned mission, that no other real property under the Center's or program's control can satisfy the requirement, and that the existing funds are available for the operation and maintenance of the property.
(3) If the RPDO does not receive a written expression of interest from a Center or program, the property will be considered excess. The RPAO shall update RPMS for excess.
f. Once the property is determined to be excess, the RPAO shall communicate with the FUO and SEMO to ensure that related personal property is promptly redistributed, transferred, or disposed of in accordance with personal property authority. All actions will ensure that the timing and method of disposal of related personal property will not delay disposal of the real property.
g. Pursuant to the NEPA (NPR 8580.1), EDD (EDD Desk Guide), and Section 106 of the NHPA (see NPR 8510.1), an environmental review will be conducted on the divestment proposal. This review will be prepared and completed prior to the official divestment.
7.3.3 Additional Requirement for Land Divestments
7.3.3.1 If the capitalized value of any land that is being disposed of is greater than $50,000, the proposed disposal action will be reported to Congress in accordance with 51 U.S.C. § 20117, Disposal of excess land. This requirement applies only to land and not to buildings or other real property classifications that are being divested. The RPDO shall prepare the report to Congress and coordinate it through OLIA for signature by the NASA Administrator or designee prior to reporting the disposal to GSA or other disposal agency. The report will include a statement of the action proposed and the facts and circumstances relied upon in support of such action.
7.3.3.2 The Administrator or designee shall also notify the Speaker of the House, the President of the Senate, and the appropriate committees and subcommittees. No land divestment may take place until 30 days have passed since notification was provided or until each committee has provided written notice that it has no objection to the proposed divestment.
7.3.4 Plans for the divestment of real property, regardless of level or origin, will not be prematurely disclosed. Information concerning these plans will normally be designated "Controlled Unclassified Information (CUI)." This designation will be canceled after FRED has determined property is excess or 30 days after Congress has been notified. Compliance with environmental, historic preservation, and similar legal documentation requirements does not constitute premature disclosure of disposal plans but needs to be coordinated by FRED.
7.4.1 Disposal Procedures for Federal Transfers
7.4.1.1 Real Property Disposal, FMR 41 CFR § 102-75, which sets forth the procedures for disposing of real property that is excess to a Federal agency's needs, requires the Federal agency to report such property to the GSA by submitting SF 118, Report of Excess Real Property, along with a completed GSA Excess Real Property Checklist for Federal Agency Customers.
7.4.1.2 In accordance with FMR 41 CFR § 102-75.115, the RPDO shall prepare SF 118, SF118A, Buildings Structures, Utilities, and Miscellaneous Facilities, Schedule A; SF118B, Land, Schedule B; and SF118C, Related Personal Property, Schedule C; and the Excess Real Property Due Diligence Checklist for Landholding Agency Customers and submit them to the REB Chief.
7.4.1.3 When the RPDO submits these documents to the REB Chief, the RPDO shall include the written request signed by the Center Director.
7.4.1.4 A variety of supporting documents may be required along with the SF 118 and GSA Checklist including evidence of title, appraisal reports, current use agreements, environmental reports, etc. RPAOs shall ensure that the appropriate Center officials have reviewed and concurred with these documents.
7.4.1.5 The RPDO shall submit the documents to GSA along with a written request signed by the REB Chief. GSA will notify FRED of its acceptance of the Report of Excess.
7.4.1.6 Requests to withdraw reports of excess will be routed through the same channels as the original request to excess the property and will be approved by the Director, FRED.
7.4.2 Divestment Proceeds
7.4.2.1 Proceeds from the disposal of NASA real property and from property separately identifiable from associated real property will be deposited in the appropriate U.S. Treasury account.
7.4.2.2 The RPAO shall record the disposal proceeds in RPMS when disposal is complete.
7.4.3 Holding Agency Responsibilities
7.4.3.1 After real property is reported to GSA as excess, NASA remains the holding Agency for that property.
7.4.3.2 The holding Center shall continue programming funds and personnel for protection and maintenance until the date GSA disposes of the property or agrees to assume this responsibility in accordance with FMR 41 CFR §§ 102-75.965-980.
7.4.3.3 In coordination with GSA, the Center shall provide access to the real property to interested parties.
7.4.3.4 The RPDO shall maintain close liaison with GSA to ensure prompt transfer of custody and accountability to GSA or the recipient of the property.
7.4.3.5 GSA will notify the RPDO when GSA has disposed of the property by Federal Transfer, Public Benefit Conveyance (PBC), or sale.
7.4.3.6 The RPDO shall notify the RPAO of the disposition method and ensure the property is updated in RPMS.
| TOC | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | Chapter8 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | ALL | |
| | NODIS Library | Program Management(8000s) | Search | |
This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.