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us forest service facilities toolBox

This section of the toolbox contains information to help manage sites, buildings, and other improvements that are no longer needed for administrative or research purposes.

As with other facilities planning decisions, the Facilities Master Plan (FMP) is the place to start. If the FMP shows that some facilities are excess to a unit's needs, the topics below will provide guidance to effectively manage them. The appropriateness of each tool depends on the facility's location, its historic significance, value, deferred maintenance needs, and other factors.

Excess Facilities Topics

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Excess Facilities Topics

  •   Excess Facilities Topics

    Hood River Ranger Station, Mt. Hood National Forest.

    The Mt. Hood National Forest exchanged unneeded
    government owned housing to acquire this leased
    office for the Hood River Ranger District.

    Forest: Mt. Hood
    District: Hood River
    Region: 6


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  • In FY 2002, Congress gave the Forest Service the authority to convey (sell) 10 of its administrative sites and keep the proceeds as a "pilot project". In 2003, Congress authorized 10 additional pilot sites for the Forest Service and extended the authority through 2006. It appears that Congress may authorize an additional 10 sites in 2004.

    The proceeds from Pilot Conveyance sales return to the regions where the sites were located. They are to be used for maintenance on that region's remaining facilities. The 2004 authorization might authorize proceeds from up to five new conveyances for new construction.

    The regions are asked to submit nominations for pilot conveyance projects. The following criteria will be used to choose the 2004 sites:

      • ReadinessThe Facilities Master Plan, NEPA, and Civil Rights Impact Analysis are complete, and funds are available for the proposal's cost.

      • Contacts with and Support of Elected Officials—Describe discussions with local, State, and Federal elected officials and their level of support for the project.

      • FundsEstimated funds to be generated from the sale.

      • Impacts to local communitiesInterests or concerns expressed.

      • HeritageHistoric evaluation is complete, State Historic Preservation Office (SHPO) clearance has been obtained, and disposal is in compliance with Section 106 of the Historic Preservation Act.

      • Benefits to the agencyReduction of deferred maintenance needs, elimination of hazards and liabilities, and creation of partnership opportunities.

    View more Pilot Conveyance (Web site available only to FS and BLM employees) information, including the 2004 Nominations Letter (Web site available only to FS and BLM employees), Project Fact Sheet (Web site available only to FS and BLM employees), and project status.

    If you want to look at the authorizing language, scroll down to section 329 of H.R.2217 of the 107th Congress and section 325 of the Consolidated Appropriations Resolution 2003 of the 108th Congress.

  • Overall view of the Walden Work Center.

    Forest: Medicine Bow-Routt
    District: Parks
    Region: 2
    Building Type: Site Development

    An Administrative Site is an area of land acquired, withdrawn, or leased, and/or dedicated specifically for forest headquarters, ranger stations, research projects, dwellings, warehouses, scaling stations fire-retardant mixing stations, guard stations, and similar administrative installations. These sites are used for conducting Forest Service activities. Administrative sites are usually restricted to areas occupied by support buildings and grounds, and may be located within, adjacent to, or a considerable distance from the National Forest boundary.

    The Forest Service generally has three categories of administration sites for disposal purposes. These are based on land status. This land status has direct bearing on the authority process that can be used to dispose of an individual site.

    The three administrative site categories are:

      • Acquired sites: These are sites located outside the Forest boundary and are the most common.

      • Sites within the forest boundary: These sites have been dedicated for administrative use from the original reserved public domain.

      • Sites on Bureau of Land Management land: These sites have been withdrawn from the public domain for National Forest administrative use.

    You can't always find the site category by looking at a Forest map or quad sheet. Always ask your lands officer. There have been a lot of unusual land transactions since the birth of the Forest Service.

    Exchange Definitions: FSM 5430.5—Definitions

  • Sale of Facilities for Offsite Removal

    The Forest Service has unlimited authority to sell structures for offsite removal that are worth less than $50,000 fair market value. The fair market value is the net value after costs for moving, dismantling, restoring the site, and related costs have been deducted from the value of the structure.

    If your excess structure is worth more than $50,000 it may be sold separately from the land as part of a Forest Service Facility Realignment Act (FSFREA) conveyance, or through GSA. Proceeds may be retained if it is sold under FSFREA.

    Sale of Land With or Without Facilities

    The sale authorities for land, including lands containing excess facilities, are limited in scope and application. They include the Pilot Conveyance Authority legislation affecting certain sites selected between 2002 and 2005, the Forest Service Facility Realignment Act (FSFREA) legislation allowing sale of excess administrative sites to be initiated through September 30, 2016, and several other specific acts. Lands staffers can determine whether any of these authorities and acts apply to specific excess sites.

    Unless the sale of an excess facility is authorized under the Pilot Conveyance Authority, the FSFREA, or other special legislation, the unit cannot keep the proceeds from the sale. The unit will not be responsible for continuing maintenance costs and "cost pool 9" assessments once the facility is no longer owned by the Forest Service, so there is a long-term financial advantage whether or not proceeds can be retained.

    Process and Decision Tree

    A process and decision tree has been assembled to show how the disposal process works. The tree is complex, but all the steps must be followed to sell an excess facility. The very first step is to discuss the potential sale with the unit property management officer and with the lands officer if the sale includes land.

  • Each unit’s Facilities Master Plan contains recommendations on the future use of all buildings and other facilities. Each excess facility will be recommended for permanent disposal (decommissioning) or retention and development for an titleernate use. Each of these two basic choices includes several titleernatives.

    titleernate Use

    A facility may be renovated for another use if it is no longer needed for its original use but space is needed at the site for another purpose. The Forest Service has a long history of changing the use of its structures. Some of these changes have worked well and others have not. Facility engineers and regional design professionals can help determine renovations that will be necessary to provide a safe, effective, and attractive facility for the new use.

    Collocation with another agency may be a viable option. An agreement allows another entity to use the portion of a building the Forest Service does not need.

    Retention as a historic trust under a partnership agreement may be a suitable use for an historic facility.

    If the Forest Service is likely to need the facility in the future,the Facilities Master Plan may recommend retaining the facility for titleernate use by another entity.

    In rare instances, a facility may be suitable for use as a recreational cabin rental under the Federal Lands Recreation Enhancement Act.

    Decommissioning

    If the Facilities Master Plan recommends disposing of an excess facility, the disposal options will depend on the facility's location, historic significance, value, deferred maintenance needs, and other factors. Coordinate closely with real property, personal property, and lands staffs to determine the most advantageous disposal method that is legal. The disposal process is complicated, but regional property and lands staffs have the expertise to make it happen.

    Exchanging land and/or buildings allows the Forest Service to receive land and improvements of equal value in exchange for the excess facilities.

    Transferring land outside the Department of Agriculture can only be accomplished through specia legislation or through the General Services Administration (GSA). Washington office approval is needed before excessing land through the GSA.

    Transferring buildings without land within the Department of Agriculture can be accomplished by regional offices. Transferring buildings outside the Department of Agriculture can be accomplished through GSA procedures and is coordinated through the regional office.

    Donating land is not allowed without special legislation.

    Authority to donate buildings is very limited.

    Sale of land and/or buildings may be accomplished under several different authorities.

    Demolition should be considered only for facilities that have no remaining value.

    Abandonment of government improvements is not allowed on Government-owned land, but may be allowed on land that is not owned by the Government.

  • Yes, there are two unusual circumstances under which a Facilities Master Plan may contain a recommendation to retain excess facilities for use by another agency or organization.

    • A historic facility that because of its uniqueness or significance to Forest Service history should remain under Federal ownership.

    • The Facilities Master Plan shows a future need for a facility that is currently underused.

    In these rare situations, other Federal agencies, State or local government agencies, and some educational or nonprofit organizations may be allowed to use the facility.

    State agency field offices or quarters, recreation cabin rentals, and museums are examples of titleernate uses.

    Facility maintenance must be provided. If the other entity will provide maintenance, identify the required work clearly in the agreement. If the Forest Service will be providing the building maintenance, the agency must collect enough funds through the agreement to cover the work.

    The available tools for allowing another entity to use your facility include intra-agency agreements (with other USDA agencies) and interagency agreements (with other Government agencies). Agreements with other organizations or agencies may include cooperative agreements or memoranda of understanding. The unit grants and agreements coordinator or special uses specialist will help determine who is eligible to use the facility and what authority and agreement format to use. The use of agreements is delineated in Forest Service Manual 1500, Chapter 1580—Grants, Cooperative Agreements, and Other Agreements , and in Forest Service Handbook 1509.11—Grants, Cooperative Agreements, and Other Agreements Handbook. See the Space/Occupancies Flow Chart for more guidance on the tools that are available under different circumstances.

    A museum or interpretive site may be operated under a partnership agreement with a local historic preservation organization or under a not-for-profit trust. Trusts and partnerships may be able to use endowments, Federal funding outside the Forest Service, charitable contributions, or revenues generated from the use of the facility to preserve and maintain it.

    Federal Lands Recreation Enhancement Act authority may be used for recreation facilities.

    Other permits , including Special Use Permits , Participating Agreements, Challenge Cost-Share Agreements, or Joint Venture Agreements may be used under some circumstances.

  • Photo of Radar Base Recreation Center.

    The Radar Base Recreation Center building is
    part of a group of military buildings built on
    Forest Service lands and given to the Forest
    Service when the radar installation was no
    longer needed. The buildings are currently used
    and maintained by the University of Arizona.

    Forest: Coronado
    District: Santa Catalina
    Region: 3

    Section Shortcuts:


    General Land Exchange

    Authority:

    A broad range of laws govern land exchanges. FSM 5430.11—Basic Exchange Authorities The basic requirement is that the land must be:

    • Within the same State
    • Of equal value
    • Non-federal owners must be U.S. citizens

    In conjunction with the basic laws, use the following laws to accomplish the exchange: FSM 5430.12—Laws Supplementing Basic Exchange Authorities.

    Specific area laws apply. Check FSM 5430.13—Laws Applying to Specific Areas to learn which forests are affected.

    Congress extended the provisions of the General Exchange Act of March 20, 1922, to specific areas. Check FSM 5430.14—Extensions of Basic Exchange Laws to find out which forests are included.

    Contact Specialist: Start with contacting the Forest Property and Lands Specialists on your Forest. Also check the disposal process page.

    Items to consider:

    • A determination must be made that the exchange is in the public interest.

    • A Forest Service administrative site can be exchanged for nonfederal lands or buildings to be used for new administrative sites or resource lands, if the exchange serves the public interest.

    • Forest Service resource lands cannot be exchanged to acquire an administrative site.

    Where the dollars go: Exchange provides the greatest direct benefits to the FS because it allows the Forest Service to receive an equal value of land and improvements in exchange for National Forest System lands.


    Excess National Forest System (NFS) Land Outside NFS Boundaries

    Authority:

    FSM 5430.11—Basic Exchange Authorities #4 Omnibus Act of October 23,1962

    FSM 5430.12—Laws Supplementing Basic Exchange Authorities #1 Federal Land Policy and Management Act of October 21, 1976

    These acts authorize the exchange of NFS lands when:

    • These lands have been acquired and no other exchange authority applies.
    • The non-Federal land is suitable for Forest Service activities.
    • The equal value, cash equalization, citizenship, and within-the-same-State requirements of the act apply.

    Click here to see what these laws really say.

    Contact a Specialist: Start by contacting the forest property and lands specialist in your area. Check the disposal process page for information on accomplishing an exchange.

    Where the dollars go: Exchange provides the greatest direct benefits to the Forest Service because it allows the FS to receive an equal value of land and improvements in exchange for National Forest System lands.


    Excess National Forest Service (NFS) Land Within NFS Boundaries

    Authority:

    FSM 5430.11—Basic Exchange Authorities #1 General Exchange Act of March 20, 1922

    This Act authorizes an exchange of Federal land

    • When it benefits the public interest.
    • Properties are of equal value.
    • Properties are the same State.
    • Properties have been surveyed and are not mineral estates.

    Land can be exchanged for an equal value of timber.

    Effective notice of exchange must be published for general circulation once each week for four successive weeks.

    FSM 5430.11—Basic Exchange Authorities #2 Weeks Act of March 1, 1911 or 16 USC 516

    The Weeks Act authorizes an exchange of nonFederal land when:

    • The nonFederal land or timber is within the same State and within the National Forest boundary.
    • The nonFederal land is within the watershed of a navigable stream and is valuable for the regulation of the stream's flow or for the production of timber.
    • The regional forester, or if delegated, the Forest Supervisor may approve Weeks Act exchanges of less than $25,000.

    The Secretary of Agriculture approves Weeks Act exchanges of $25,000 or more.

    FSM 5430.11—Basic Exchange Authorities #7 Federal Land Policy and Management Act (FLPMA) or 43 USC 1715, 1716, 1717:

    • Authorizes exchange of land for the purpose of acquiring access to units of the National Forest System.
    • Properties must be within the same State.
    • If properties are not of equal value, either party may make them equal by a cash payment that does not exceed 25 percent of the Federal value.

    Contact a Specialist: Start by contacting the forest property and lands specialist in your area. For specific steps needed to completean exchange see the disposal process page.

    Where the dollars go: Exchange provides the greatest direct benefits to the Forest Service because it allows the Forest Service to receive an equal value of land and improvements in exchange for National Forest System lands.


    Excess National Forest Service (NFS) Land From Sites on Bureau of Land Management (BLM) Land

    If the site to be exchanged happens to be on land withdrawn from the BLM for NFS use, you need to follow the BLM process of exchange. The BLM can exchange lands that are within the same State and of equal monetary value. Depending on the complexity of the exchange, this can be accomplished within 12 months to 2 years. See the BLM Lands and Realty web site for more details about this process

    Normally, excess sites on withdrawn BLM land must go through the revocation procedures in 43 CFR 2370. The land is returned to the BLM if it is determined to have not "changed in character." If there are improvements and the land is not suitable for return to the public domain, BLM would report it as excess to GSA.

    There is a possibility that the BLM might consider making the land part of an exchange. If property is acquired within the boundary of a national forest, it will automatically come under Forest Service administration.

    Authority:

    FSM 5430.11—Basic Exchange Authorities #1 General Exchange Act of March20, 1922

    The director of lands, or equivalent official responsible for lands program activities at the regional level, shall submit agency-approvedreal estate appraisals to the Bureau of Land Management (BLM) for use in connection with exchange cases involving lands administered by the BLM. FSM 5404.22—Director of Lands, Regional Office

    US Code Title 43, section 1716—Exchanges of public lands or interests within the National Forest System.

    BLM Land Exchange Flow Chart

    Contact Specialist: Start by contacting the forest property and lands specialist. Also, check the disposal process web page.

    Where the dollars go: Exchange provides the greatest direct benefits to the Forest Service and BLM because it allows us to receive an equal value of land and improvements in exchange for National Forest System lands.

  • Decommissioning is the term used for withdrawing facilities from service.It includes exchanging, transferring, donating, selling, or demolishing facilities that have been identified in the Facilities Master Plan as having no future Forest Service purpose. It is important to decommission these facilities to avoid ongoing maintenance and "cost pool 9" costs.

    Exchanging land and/or buildings allows the Forest Service to receive an equal value of land and improvements in exchange for excess facilities.

    Transferring land outside the Department of Agriculture can be accomplished only through special legislation or through the GSA. Washington Office approval is needed before excessing land through the GSA.

    Transferring buildings (without land) within the Department of Agriculture can be accomplished by regional offices. Transferring buildings outside the Department of Agriculture is coordinated through the regional office following GSA procedures.

    is not allowed without special legislation.

    Donating buildings without land is limited to very specific authorities

    Sale of land or buildings may be accomplished under several different authorities.

    Demolition should be considered only for facilities that have no remaining value.

    Abandonment of government improvements is not allowed on government-owned land, but may be allowed on land that is not owned by the Government.

  • Steamboat Springs Civilian Conservation Corps
    (CCC) storage building.

    Forest: Medicine Bow-Routt
    District: Hahn's Peak/Bear Ears
    Region: 2

    Authority:

    The Forest Service Facilities Realignment and Enhancement Act (FSREA) provides broader authority for disposal of excess administrative facilities than the Forest Service had ever has before.

    The Pilot Conveyance Authority is extremely limited. If your site was not one of the 40 selected, you cannot use it.

    Standard sale authorities for NFS lands are narrow in scope and application (see FSM 5500, chapter 5570—Sales, Grants and Special Acts). The authorities most commonly used by the Forest Service are:

    1. FSM 5570.11-Townsite Act of July 31, 1958 and FSM 5571.2-Townsite Act

      Requirements are:

      • Sale must go to a government subdivision (city, county, Public Utility District, Fire Department, etc.)
      • Applicant must pay fair market value. Dollars go to the treasury.
      • Land must be used for community purposes.
      • A public notice is required.

    2. Sisk Act of December 4, 1967-16 USC 484a
      Requirements are:
      • Sale applies to State, county or municipal governments or public school authorities.
      • Dollars go to an account to purchase similar land from same State
      • Parcels cannot be larger than 80 acres.
      • Sales are allowed only if the government or school district doesn't have enough land to do an exchange.
    3. FSM 5571.1—Small Tracts Act of January 12, 1983 provides the Secretary of Agriculture with the authority to sell, exchange, or interchange all right, interest, or title, including mineral estate, to resolve certain land ownership disputes associated with encroachments and land management problems when it is in the public interest.

    Contact a Specialist: Start by contacting the forest property and lands specialist in your area. Also check the disposal process Web page.

    Where the dollars go: Townsite Act proceeds go to the U.S. Treasury. Sisk Act authority proceeds are held in an account to purchase similar land in the same State. Small Tracts Act proceeds go to the U.S. Treasury. Proceeds from the FSFREA and the Pilot Conveyance Authority disposals return to the Forest Service region.

  • The Walden Work Center

    Forest: Medicine Bow-Routt
    District: Parks
    Region: 2

    An excess site may be exchanged for other land in the same State if the authorized officer (the forest supervisor, regional forester, or station director as delegated) has determined that the exchange is in the public interest. An excess site may be exchanged for a site of equal value.

    Exchanges involving real property are governed by FSH 5409.13, chapter 30 part 1 and part 2.

    If the exchange results in acquisition of an administrative site, see FSH 5409.13, section 13.2, which contains directions for obtaining approval from the assistant secretary for administration.

    The exchange process that can be used depends on the Administrative Site Category as well as specific laws identified in FSM 5430.11. Sometimes it is not obvious whether the facility is on a site within or outside of the Forest boundary or on Bureau of Land Management land. Check with the unit lands staff to be sure that you know the administrative site category of the excess facility.

    See the Land Exchange and Exchange of Structures Web pages for more information on authorities, responsibilities, and the processes for accomplishing an exchange. See the Rosman Research Station Prospectus for Exchange for an example of a competitive exchange.

  • Donation of Buildings or Improvements For Offsite Removal

    Excess facilities, not including land, may be donated to "public bodies" (see FMR 102-71.20) for offsite removal if the facility has no commercial value or if the cost of keeping the property would exceed the proceeds from its sale. The regulations governing these donations are contained in FMR (Federal Management Regulation) 102-75.990 through 75.1020. The Forest Service is not compensated when a facility is donated. The unit will realize savings in future maintenance costs and "cost pool 9" assessments, however.

    Transfer of Buildings or Improvements

    The regulations governing transfer of government property between agencies are contained in FMR 102-75.75 through 75.235 and FMR 102-75.260 through 75.265. The receiving agency must pay fair market value unless there is a waiver from the Office of Management and Budget (OMB), or there is special congressional legislation.

    Property staff can help complete the GSA transfer form and the rest of the transfer or donation process.

    Donation of Land

    The Forest Service does not have authority to give away or donate land. Only Congress can do so through legislation.

    Transfer of Land

    If the National Director of Lands, with GSA concurrence, determines that land is excess, the unit may be able to transfer land with or without buildings to another U.S. Government agency. This is not a donation; it is an excess facility transfer.

  • A low value storage building

    Forest: Nez Perce
    District: Salmon River
    Region: 1

    Regional forester or station director approval is required to demolish excess facilities. Authority is delegated in Department of Agriculture Property Management Regulations 102-75.1075 and 41 CFR 101, Part 102–75—Real Property Disposal

    Public notice to offer the property for sale for salvage before demolition is required unless a determination and finding is made that:

    • Value is so low or the cost of the facility's care and handling is so high that retaining the property is clearly not economical;

    • Hetitleh, safety, or security considerations require its immediate abandonment or destruction; or

    • The assigned mission of the agency might be jeopardized by the delay.

    Only properties that have been determined to have no commercial value, or whose cost of care and handling exceeds estimated proceeds from sale can be demolished. FMR 102-75.990 through 75.1050 is the regulation authorizing demolition.

    National Environmental Policy Act (NEPA) documentation is required, usually in the form of a categorical exclusion.

    A National Historic Preservation Act (NHPA) evaluation is required for historic structures and sites.

    Before any building is demolished or burned, it must be inspected for asbestos.

    States have varying regulations on whether buildings with lead based paint can be burned. Lead-based painted wood from a demolished building that is destined for the landfill must be tested for toxicity.

    The Northern Region has developed a checklist (available only to FS and BLM employees) for dismantling buildings.

    The Hetitleh and Safety Code Handbook (FSH 6709.11 section 35) does not allow Forest Service personnel to demolish structures by burning them. Forest Service fire crews are not trained or qualified to deal with structure fires.

    In some cases, a structure can be burned by a local fire department as a training exercise. A formal agreement between the Forest Service and the fire department must be signed before the training exercise can be conducted. The grants and agreements staff can help negotiate the agreement. If Forest Service employees are also members of local fire departments, they may participate in the training exercise.

    Forest Service work crews can demolish excess facilities. During the project, they may be able to salvage material that can be used for future facilities maintenance.

    The Buildings and Related Facilities Handbook (FSH 7309.11, section 73) requires recycling or salvaging at least half of all construction, demolition, and land clearing waste where markets or on-site re-use opportunities exist.

    Local partners such as the National Guard or a prison work crew may be interested in demolishing your structure as a training exercise. Grants and agreements staff must help negotiate the agreement.

    Demolition may also be accomplished by a contractor. Demolition contracts must be awarded through the unit's contracting and procurement staff as for any other construction contract, except that Davis-Bacon wage requirements apply only if the demolition is necessary for a construction project. See FAR 22.402 and 37.301. You may find these demolition information and example documents to be helpful as you develop your demolition plan or contract.

    Abandonment of government improvements is not allowed on Government-owned land, but may be allowed on land that is not owned by the Government. As authorized by the Federal Management Regulations part 102-75.990 , in some cases it may be to the Forest Service's advantage to allow the improvements constructed on long-term leased land under the 2250a authority to revert to the property owner. For instance, it may be in the Government's best interest to allow an unneeded jumper facility on land leased from a county airport to become County property rather than to remove the improvements. The unit contracting or leasing officer can provide information on how this can be accomplished.

  • The process for disposing of excess buildings and/or land can be long and complex. Involvement by the real property and lands staff is crucial. The following decision tree shows the steps in the procedure.

    1. Discuss the facilities recommended for disposal in the Facility Master Plan with the regional property management officer. The property management officer will help determine the best options for disposal.
    2. Unless the improvement has no value, screening facilities for offsite removal must be accomplished locally to determine if other Forest Service offices or local Federal agencies may be interested in obtaining your facility. Document all contacts and the responses. Information about conducting non-sale disposals is available at Options for Dealing with Unneeded Facilities. The process for disposal by sale follows.

      Does the Proposed Sale Include Land?


      Proceed to:

      Sale of Land


      Continue

    3. Complete the following documents, which will become the "Property Description and Excess Package." This package will go to the property management officer.

    4. The regional property management officer will work with regional office’s lands staff to determine status of land on which the building is located to determine the application of the McKinney-Vento Homeless Assistance Act and other legal implications.

    5. The regional real property management officer will use the information in the "Property Description and Excess Package" to send a letter to GSA reporting the excess property.

    6. Property value shown in the engineering estimate of net value determines the remaining steps in the disposal process.

    Does the engineering estimate indicate a positive net value?


    Proceed to:

    Positive Net Value


    Proceed to:

    No Net Value

  • Executive Order 12512 requires that buildings on lands of specific status are subject to General Services Administration survey requirements. Generally, surveys are required on Forest Service facilities anywhere except on appropriated National Forest System lands. The status of lands isn't obvious just by checking a map to see whether the site is "in the green.” Check with the unit lands staff to be sure of the status of lands at the excess facility.

    Note: Executive Order 12512 was replaced by Executive Order 13327 in February, 2004. Executive Order 13327 did not change the survey requirements.

    Are the Buildings and Improvements Subject to Executive Order 12512?

    If YES

    Continue
    Image of an arrow pointing downward

    If NO

    Proceed to
    Sale or Exchange
    step 2 below

    1. The regional property management officer forwards the U.S. Department of Housing and Urban Development (HUD) checklist to the Washington Office acquisition management office for determination of suitability under Title V, McKinney-Vento Homeless Assistance Act. This act basically allows State and local governments and nonprofit agencies to obtain surplus Federal property to assist homeless people.

      • If the building is determined to be suitable for use to assist homeless people and there is interest in using the building, it will be assigned to HUD and made available to providers of assistance to homeless individuals. Skip step 2.

      • If the building is determined to be unsuitable for use to assist homeless people, or if it is suitable but there is no interest in using the building, the building may be sold.

    2. Sale or Exchange : The property management officer or contracting officer will handle the sale or exchange of the facility using usual Forest Service procedures.

    3. Complete and forward the AD-107 Report of Transfer or Other Disposition or Construction of Property or AD-112 Report of Unserviceable, Lost, Stolen, Damaged or Destroyed Property to your financial management section so they can remove the property from the Infra database and write off the facility.
  • Executive Order 12512 requires that buildings on lands of specific status are subject to General Services Administration survey requirements. Generally, surveys are required on Forest Service facilities anywhere except on appropriated National Forest System lands. The status of lands isn't obvious just by checking a map to see whether the site is "in the green.” Check with the unit lands staff to be sure of the status of lands at the excess facility.

    Note: Executive Order 12512 was replaced by Executive Order 13327 in February, 2004. Executive Order 13327 did not change the survey requirements.

    Are the Buildings and Improvements Subject to Executive Order 12512?

    If YES

    Continue
    Image of an arrow pointing downward

    If NO

    Proceed to
    Sale or Exchange
    step 2 below

    1. The regional property management officer forwards the U.S. Department of Housing and Urban Development (HUD) checklist to the Washington Office acquisition management office for determination of suitability under Title V, McKinney-Vento Homeless Assistance Act. This act basically allows State and local governments and nonprofit agencies to obtain surplus Federal property to assist homeless people.

      • If the building is determined to be suitable for use to assist homeless people and there is interest in using the building, it will be assigned to HUD and made available to providers of assistance to homeless individuals. Skip step 2.

      • If the building is determined to be unsuitable for use to assist homeless people, or if it is suitable but there is no interest in using the building, the building may be sold.

    2. Sale or Exchange : The property management officer or contracting officer will handle the sale or exchange of the facility using usual Forest Service procedures.

    3. Complete and forward the AD-107 Report of Transfer or Other Disposition or Construction of Property or AD-112 Report of Unserviceable, Lost, Stolen, Damaged or Destroyed Property to your financial management section so they can remove the property from the Infra database and write off the facility.
  • Fair Market Value is the amount that a willing buyer will pay and a willing seller will accept. If the fair market value (FMV) is less than $50,000, the Forest Service has the authority to dispose of excess property. The Department of Agriculture was granted this authority by 41 CFR 102-75.1075/FMR 102-75.1075 through 75.1090 (white pages). The authority to dispose of excess real property other than land has been re-delegated to the Forest Service. See the Mt. Hood Facilities Management Plan for a good explanation of how this can be done. If the structures are unserviceable, see the Disposal section.

    If the FMV of excess real property that doesn't include land is over $50,000, and the disposal is not under the FSFREA or part of a Pilot Conveyance Project , the Forest Service should coordinate the disposal with the General Services Administration (GSA).

    GSA also provides services for sales that include land. Use of the services is optional. The Forest Service and the GSA have a Memorandum of Understanding (Web site available only to FS and BLM employees) allowing for the GSA to assist with competitive land sales for the Forest Service.

    Congress granted authority directly to the Secretary of Agriculture through 2016 for sale of excess Forest Service administrative sites, with certain restrictions, under the Forest Service Facility Realignment and Enhancement Act of 2005 (FSFREA) (section 501).

    Congress granted authority directly to the Secretary of Agriculture for the sale of a limited number of administrative sites under the Pilot Conveyance Authority (section 329) and extended (section 322) the authority to complete 40 projects approved in 2002 through 2005 by 2008.

    The approval authority delegations for the sale of real property are:

    Note: paper copies of the following regulations are printed on different colors of paper, depending on the level of the organization involved.

    AGPMR Chapter 110-75 Real Property Disposal delegates authority to the Department of Agriculture (yellow pages).

    FS 104G-47.602 delegates authority to the Forest Service Regional Foresters and Station Directors (buff pages).

    Check region and station delegations (blue pages) for possible delegations below regional foresters and station directors.

    Other authorities include:

    43 U.S.C. 931c-d gives authority to grant permits, leases, or easements to heads of departments and agencies.

    Authority to abandon, destroy, or donate facilities is delegated to regional foresters. See FMR Subpart E 102-75.990 and FPMR 101-47.5 for regulations on Destruction, Donation, and Abandonment.

  • Congress gave the Forest Service the authority to initiate conveyance (sale, lease, or exchange) of excess administrative sites through September 30, 2011 and keep the proceeds under the Forest Service Facility Realignment and Enhancement Act (FSFREA) and an extensions of the act through Fiscal Year 2016. The text begins with section 501, near the bottom of Public Law 109-54.

    The proceeds from these sales return to the regions where the sites are located. Proceeds can be used for facilities acquisition or construction, facilities maintenance, and conveyance costs under the FSFREA. Of course, facilities acquired or constructed must be identified in the unit's Facilities Master Plan.

    The regions were asked to submit nominations (Web site available only to FS and BLM employees) for FSFREA conveyance projects using a Conveyance Project Fact Sheet (Web site available only to FS and BLM employees) and a Conveyance Project List Spreadsheet (Web site available only to FS and BLM employees). Criteria for project selection were identified in a guidance document (Web site available only to FS and BLM employees). Adjustments to the list are possible, but Congress must be notified. The Forest Service is required to report to Congress yearly on new proposed disposals, progress made on conveyances, and how the proceeds have been used.

    The FSFREA is different from the Pilot Program it replaced in that:

    • An unlimited number of sites are allowed each year

    • There is a 40 acre size limit

    • Proceeds may be used for further disposals, as well as facilities acquisition and maintenance

    • There is no requirement to mitigate or abate lead-based paint or asbestos-containing building materials. Minimum requirements for lead based paint and asbestos in the FSFREA include:

      • Providing notice to the purchaser of the presence of the lead-based paint or asbestos-containing building material.

      • Obtaining written assurance from the purchaser that they will comply with applicable Federal, State, and local laws relating to the management of the lead-based paint and asbestos-containing building materials.
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