About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (August 2, 2024)

handle is hein.crs/goveqez0001 and id is 1 raw text is: Congressional Research Servic~ informing the legislative debate since 1914 0 August 2, 2024 Conveying Unneeded Federal Real Property to Tribal Entities: Background and Issues for Congress The General Services Administration (GSA) is responsible for the government-wide procurement of federal goods and services and the acquisition, management, and disposal of federal real property. Federal real property generally includes all federally owned buildings, structures, and land, except lands in the public domain, mineral lands, national forest land, national park land, and other lands previously withdrawn or reserved from the public domain (40 U.S.C. § 102). Federal agencies hold an extensive real property portfolio to help fulfill their diverse missions. As federal agencies' missions change over time, however, so do their property needs. In FY2023, the 24 largest landholding agencies identified 5,240 buildings as either not utilized or underutilized (see Table 8 in GSA's FY2023 report). Federal real property disposal is the process by which federal agencies identify unneeded property and then GSA transfers, donates, or sells that property on their behalf. Federal land management agencies, among other agencies, also have authorities for federal real property disposal. This In Focus discusses several issues of congressional interest relating to federal real property disposal. First, it provides an overview of the GSA processes for federal real property disposal to nonfederal entities, including tribal entities such as federally recognized Tribes (Tribes) and tribal organizations. Next, it discusses some related issues of focus for tribal entities. Finally, it outlines selected relevant past and current legislative proposals and options. GSA's Federal Real Pro perty Dsposal Process for Nonfederal Enttes Federal agencies are required to continually survey real property under their control to identify and report any excess property (property no longer needed to carry out their missions) to GSA. GSA uses the following process outlined in 41 C.F.R. § 102-75 to dispose of that property: 1. Transfer of excess property to federal agencies at fair market value. If federal agencies do not express interest, the excess property is designated as surplus property. 2. Conveyance of surplus property to state and local governments and qualified nonprofits at less than fair market value-even no cost-to accomplish public purposes specified in statute. 3. Negotiated sale option for state and local governments to purchase surplus property at fair market value to create public benefits other than those specified in statute. 4. Public sale option for the public to purchase surplus property through either brokers or online auctions. In addition, in 2016, Congress established the Public Buildings Reform Board (PBRB) to recommend excess property for disposal (P.L. 114-287). The Office of Management and Budget (OMB) must approve the PBRB's recommendations for each round before federal agencies may begin disposing excess properties. For more information about GSA's disposal authorities and processes, see CRS Report R47722, Overview of the General Services Administration: Acquisition Services and Real Property Management, by Dominick A. Fiorentino and Garrett Hatch. GSA's Federa Rea Property Disposa Process for Tribes and Tribal Organizations The history of the relationship between the United States and Tribes is complex. The federal government has a federal trust responsibility to protect tribal treaty rights, lands, assets, and water resources on behalf of Tribes and tribal citizens (Seminole Nation v. United States, 316 U.S. 286, 296-297 (1942). The Bureau of Indian Affairs (BIA), an agency within the Department of the Interior (DOI), plays a leading role in carrying out this responsibility, including holding land in trust for Tribes and tribal citizens. Due to their unique status, Tribes and tribal organizations follow a different process for acquiring excess property than other nonfederal entities. DOI is required to provide Tribes and tribal organizations, at least annually, a list of excess property. A specific excess property is eligible for transfer to a Tribe or tribal organization if it meets at least one of the following criteria: * The excess property is located within a Tribe's reservation. In that case, BIA must request, and GSA must transfer, that property at no cost to the Tribe. Due to historical reasons, there are special procedures for properties in Oklahoma. Once transferred, BIA holds the land in trust for the Tribe. DOI is responsible for reimbursing the agency for the property transfer (40 U.S.C. §523 and GSA Order PBS P 4000.1, ch. 2(12)(a)); or * The excess property may help a Tribe or tribal organization carry out a contract or grant under the Indian Self-Determination and Education Assistance Act

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most