---
kind: "range"
citation: "40 U.S.C. §§ 521–527"
title: "40"
from: "521"
to: "527"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/40/521..527"
---

# §521. Policies and methods


Subject to [section 523 of this title](/usc/40/523.md), in order to minimize expenditures for [property](/usc/40/102.md?p=9), the Administrator of General Services shall—

- (1) prescribe policies and methods to promote the maximum use of [excess property](/usc/40/102.md?p=3) by [executive agencies](/usc/40/102.md?p=4); and
- (2) provide for the transfer of [excess property](/usc/40/102.md?p=3)—
  - (A) among [federal agencies](/usc/40/102.md?p=5); and
  - (B) to the organizations specified in [section 321(c)(2) of this title](/usc/40/321.md?p=c-2).

# §522. Reimbursement for transfer of excess property

- (a) **In General.—** Subject to subsections [(b)](#b) and [(c)](#c), the Administrator of General Services, with the approval of the Director of the Office of Management and Budget, shall prescribe the amount of reimbursement required for a transfer of [excess property](/usc/40/102.md?p=3).
- (b) **Reimbursement at Fair Value.—** The amount of reimbursement required for a transfer of [excess property](/usc/40/102.md?p=3) is the fair value of the [property](/usc/40/102.md?p=9), as determined by the Administrator, if—
  - (1) net proceeds are requested under [section 574(a) of this title](/usc/40/574.md?p=a); or
  - (2) either the transferor or the transferee agency (or the organizational unit affected) is—
    - (A) subject to [chapter 91](/usc/31/chstVI-ch91.md) of title 31; or
    - (B) an organization specified in [section 321(c)(2) of this title](/usc/40/321.md?p=c-2).
- (c) **Distribution Through General Services Administration Supply Centers.—** [Excess property](/usc/40/102.md?p=3) determined by the Administrator to be suitable for distribution through the supply centers of the General Services Administration shall be retransferred at prices set by the Administrator with due regard to prices established under [section 321(d) of this title](/usc/40/321.md?p=d).

# §523. Excess real property located on Indian reservations

- (a) **Procedures for Transfer.—** The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real [property](/usc/40/102.md?p=9) located within the reservation of any group, band, or tribe of Indians that is recognized as eligible for services by the Bureau of Indian Affairs.
- (b) **Property Held in Trust.—**
  - (1) **In general.—** Except as provided in [paragraph (2)](#b-2), the Secretary shall hold excess real [property](/usc/40/102.md?p=9) transferred under this section in trust for the benefit and use of the group, band, or tribe of Indians, within whose reservation the excess real [property](/usc/40/102.md?p=9) is located.
  - (2) **Special requirement for oklahoma.—** The Secretary shall hold excess real [property](/usc/40/102.md?p=9) that is located in Oklahoma and transferred under this section in trust for Oklahoma Indian tribes recognized by the Secretary if the real [property](/usc/40/102.md?p=9)—
    - (A) is located within boundaries of former reservations in Oklahoma, as defined by the Secretary, and was held in trust by the Federal Government for an Indian tribe when the Government acquired it; or
    - (B) is contiguous to real [property](/usc/40/102.md?p=9) presently held in trust by the Government for an Oklahoma Indian tribe and was held in trust by the Government for an Indian tribe at any time.

# §524. Duties of executive agencies

- (a) **Required.—** Each [executive agency](#c) shall—
  - (1) maintain adequate inventory controls and accountability systems for [property](/usc/40/102.md?p=9) under its control;
  - (2) continuously survey [property](/usc/40/102.md?p=9) under its control to identify [excess property](/usc/40/102.md?p=3);
  - (3) promptly report [excess property](/usc/40/102.md?p=3) to the Administrator of General Services;
  - (4) perform the [care and handling](/usc/40/102.md?p=1) of [excess property](/usc/40/102.md?p=3);
  - (5) transfer or dispose of [excess property](/usc/40/102.md?p=3) as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator;
  - (6) develop current and future workforce projections so as to have the capacity to assess the needs of the Federal workforce regarding the use of real [property](/usc/40/102.md?p=9);
  - (7) establish goals and policies that will lead the [executive agency](#c) to reduce [excess property](/usc/40/102.md?p=3) and underutilized [property](/usc/40/102.md?p=9) in the inventory of the [executive agency](#c);
  - (8) submit to the Federal Real [Property](/usc/40/102.md?p=9) Council an annual report on all [excess property](/usc/40/102.md?p=3) that is real [property](/usc/40/102.md?p=9) and underutilized [property](/usc/40/102.md?p=9) in the inventory of the [executive agency](#c), including—
    - (A) whether underutilized [property](/usc/40/102.md?p=9) can be better utilized, including through collocation with other [executive agencies](#c) or consolidation with other facilities; and
    - (B) the extent to which the [executive agency](#c) believes that retention of the underutilized [property](/usc/40/102.md?p=9) serves the needs of the [executive agency](#c);
  - (9) adopt workplace practices, configurations, and management techniques that can achieve increased levels of productivity and decrease the need for real [property](/usc/40/102.md?p=9) assets;
  - (10) assess leased space to identify space that is not fully used or occupied;
  - (11) on an annual basis and subject to the guidance of the Federal Real [Property](/usc/40/102.md?p=9) Council—
    - (A) conduct an inventory of real [property](/usc/40/102.md?p=9) under control of the [executive agency](#c); and
    - (B) make an assessment of each [property](/usc/40/102.md?p=9), which shall include—
      - (i) the age and condition of the [property](/usc/40/102.md?p=9);
      - (ii) the size of the [property](/usc/40/102.md?p=9) in square footage and acreage;
      - (iii) the geographical location of the [property](/usc/40/102.md?p=9), including an address and description;
      - (iv) the extent to which the [property](/usc/40/102.md?p=9) is being utilized;
      - (v) the actual annual operating costs associated with the [property](/usc/40/102.md?p=9);
      - (vi) the total cost of capital expenditures incurred by the Federal Government associated with the [property](/usc/40/102.md?p=9);
      - (vii) sustainability metrics associated with the [property](/usc/40/102.md?p=9);
      - (viii) the number of Federal employees and contractor employees and functions housed at the [property](/usc/40/102.md?p=9);
      - (ix) the extent to which the mission of the [executive agency](#c) is dependent on the [property](/usc/40/102.md?p=9);
      - (x) the estimated amount of capital expenditures projected to maintain and operate the [property](/usc/40/102.md?p=9) during the 5-year period beginning on the date of enactment of this paragraph; and
      - (xi) any additional information required by the Administrator of General Services to carry out [section 623](/usc/40/623.md);
  - (12) provide to the Federal Real [Property](/usc/40/102.md?p=9) Council and the Administrator of General Services the information described in [paragraph (11)(B)](#a-11-B) to be used for the establishment and maintenance of the database described in section 21 of the Federal Assets Sale and Transfer Act of 2016; and
  - (13) in accordance with guidance from the Administrator of General Services—
    - (A) on an annual basis, conduct an inventory and assessment of capitalized personal [property](/usc/40/102.md?p=9) to identify excess capitalized personal [property](/usc/40/102.md?p=9) under its control, including evaluating—
      - (i) the age and condition of the personal [property](/usc/40/102.md?p=9);
      - (ii) the extent to which the [executive agency](#c) utilizes the personal [property](/usc/40/102.md?p=9);
      - (iii) the extent to which the mission of the [executive agency](#c) is dependent on the personal [property](/usc/40/102.md?p=9); and
      - (iv) any other aspect of the personal [property](/usc/40/102.md?p=9) that the Administrator determines is useful or necessary for the [executive agency](#c) to evaluate; and
    - (B) on a regular basis, conduct an inventory and assessment of accountable personal [property](/usc/40/102.md?p=9) under its control, including evaluating—
      - (i) the age and condition of the personal [property](/usc/40/102.md?p=9);
      - (ii) the extent to which the [executive agency](#c) utilizes the personal [property](/usc/40/102.md?p=9);
      - (iii) the extent to which the mission of the [executive agency](#c) is dependent on the personal [property](/usc/40/102.md?p=9); and
      - (iv) any other aspect of the personal [property](/usc/40/102.md?p=9) that the Administrator determines is useful or necessary for the [executive agency](#c) to evaluate.
- (b) **Required as Far as Practicable.—** Each [executive agency](#c), as far as practicable, shall—
  - (1) reassign [property](/usc/40/102.md?p=9) to another activity within the agency when the [property](/usc/40/102.md?p=9) is no longer required for the purposes of the appropriation used to make the purchase;
  - (2) transfer [excess property](/usc/40/102.md?p=3) under its control to other [federal agencies](#c) and to organizations specified in [section 321(c)(2) of this title](/usc/40/321.md?p=c-2); and
  - (3) obtain [excess property](/usc/40/102.md?p=3) from other [federal agencies](#c).
- (c) **Definition of Executive Agency.—** For the purpose of [paragraphs (6) through (12)](#a-6..a-12) of subsection (a), the term “executive agency” shall have the meaning given the term “Federal agency” in [section 621](/usc/40/621.md).

# §525. Excess personal property for federal agency grantees

- (a) **General Prohibition.—** A [federal agency](/usc/40/102.md?p=5) is prohibited from obtaining excess personal [property](/usc/40/102.md?p=9) for the purpose of furnishing the [property](/usc/40/102.md?p=9) to a grantee of the agency, except as provided in this section.
- (b) **Exception for Public Agencies and Tax-exempt Nonprofit Organizations.—**
  - (1) **In general.—** Under regulations the Administrator of General Services may prescribe, a [federal agency](/usc/40/102.md?p=5) may obtain excess personal [property](/usc/40/102.md?p=9) for the purpose of furnishing it to a public agency or an organization that is nonprofit and exempt from taxation under section 501 of the Internal Revenue Code of 1986 ([26 U.S.C. 501](/usc/26/501.md)), if—
    - (A) the agency or organization is conducting a federally sponsored project pursuant to a grant made for a specific purpose with a specific termination provision;
    - (B) the [property](/usc/40/102.md?p=9) is to be furnished for use in connection with the grant; and
    - (C)
      - (i) the sponsoring [federal agency](/usc/40/102.md?p=5) pays an amount equal to 25 percent of the original acquisition cost (except for costs of [care and handling](/usc/40/102.md?p=1)) of the [excess property](/usc/40/102.md?p=3); and
      - (ii) the amount is deposited in the Treasury as miscellaneous receipts.
  - (2) **Title.—** Title to [excess property](/usc/40/102.md?p=3) obtained under this subsection vests in the grantee. The grantee shall account for and dispose of the [property](/usc/40/102.md?p=9) in accordance with procedures governing accountability for personal [property](/usc/40/102.md?p=9) acquired under grant agreements.
- (c) **Exception for Certain Property Furnished by Secretary of Agriculture.—**
  - (1) **Definition.—** In this subsection, the term “State” means a State of the United States, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, the Virgin Islands, and the District of Columbia.
  - (2) **In general.—** Under regulations and restrictions the Administrator may prescribe, [subsection (a)](#a) does not apply to [property](/usc/40/102.md?p=9) furnished by the Secretary of Agriculture to—
    - (A) a [state](#c-1)[^1] or county extension service engaged in cooperative agricultural extension work under the Smith-Lever Act ([7 U.S.C. 341](/usc/7/341.md) et seq.);
    - (B) a [state](#c-1)[^1] experiment station engaged in cooperative agricultural research work under the Hatch Act of 1887 ([7 U.S.C. 361a](/usc/7/361a.md) et seq.); or
    - (C) an institution engaged in cooperative agricultural research or extension work under section 1433, 1434, 1444, or 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ([7 U.S.C. 3195](/usc/7/3195.md), 3196, 3221, or 3222), or the Act of October 10, 1962 ([16 U.S.C. 582a](/usc/16/582a.md) et seq.), if the Federal Government retains title.
- (d) **Other Exceptions.—** Under regulations and restrictions the Administrator may prescribe, [subsection (a)](#a) does not apply to—
  - (1) [property](/usc/40/102.md?p=9) furnished under section 608 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2358](/usc/22/2358.md)), to the extent that the Administrator determines that the [property](/usc/40/102.md?p=9) is not needed for donation under [section 549 of this title](/usc/40/549.md);
  - (2) scientific equipment furnished under section 11(e) of the National Science Foundation Act of 1950 ([42 U.S.C. 1870(e)](/usc/42/1870.md?p=e));
  - (3) [property](/usc/40/102.md?p=9) furnished under section 203 of the Department of Agriculture Organic Act of 1944 ([16 U.S.C. 580a](/usc/16/580a.md)), in connection with the Cooperative Forest Fire Control Program, if the Government retains title; or
  - (4) [property](/usc/40/102.md?p=9) furnished in connection with a grant to a tribe, as defined in section 3(c) of the Indian Financing Act of 1974 ([25 U.S.C. 1452(c)](/usc/25/1452.md?p=c)).

# §526. Temporary assignment of excess real property

- (a) **Assignment of Space.—** The Administrator of General Services may temporarily assign or reassign space in excess real [property](/usc/40/102.md?p=9) to a [federal agency](/usc/40/102.md?p=5), for use as office or storage space or for a related purpose, if the Administrator determines that assignment or reassignment is more advantageous than permanent transfer. The Administrator shall determine the duration of the assignment or reassignment.
- (b) **Reimbursement for Maintenance.—** If there is no appropriation available to the Administrator for the expense of maintaining the space, the Administrator may obtain appropriate reimbursement from the [federal agency](/usc/40/102.md?p=5).

# §527. Abandonment, destruction, or donation of property


The Administrator of General Services may authorize the abandonment or destruction of [property](/usc/40/102.md?p=9), or the donation of [property](/usc/40/102.md?p=9) to a public body, if—

- (1) the [property](/usc/40/102.md?p=9) has no commercial value; or
- (2) the estimated cost of continued [care and handling](/usc/40/102.md?p=1) exceeds the estimated proceeds from sale.