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Institutional Controls for Real Property Disposal Transactions
Kevin LegareRealty Specialist
General Services AdministrationRegion One, Boston MAkevin.legare@gsa.gov
617-565-5700
Federal Property and Administrative Services Act of 1949 Property Act
“The Property Act”
• Created GSA in June 1949
• Governs general applications on real property acquired to carry out Federal agency program missions
• Implements real property utilization and disposal framework
AIRPORTCORRECTIONAL
EDUCATIONHISTORIC
HOMELESSLAW ENFORCEMENT/
EMERGENCY MANAGEMENTPARK & RECREATION
PUBLIC HEALTHSELF HELP HOUSING
WILDLIFE CONSERVATION
Property Disposal ProcessFederal Property Act & Federal Management Regulations
40 USC 541 et seq. & 41 CFR 102-75
Excess Federal Transfer
Public BenefitConveyance
NegotiatedSale
PublicSale
AGENCY REPORTS
PROPERTYEXCESS TO GSA
FORDISPOSITION
DETERMINED SURPLUS
IF NOT TRANSFERREDTO ANOTHER
FEDERAL AGENCY
PROPERTY AVAILABLE
FOR CERTAIN PUBLIC USESUP TO 100%DISCOUNT
TO ELIGIBLEPUBLIC BODIES
FOR OTHERPUBLIC USES
FAIR MARKET VALUE
REQUIRED
OFFERED TO PUBLIC &
PRIVATE PARTIES BY AUCTION OR SEALED BID FAIR
MARKETVALUE REQUIRED
GSA and IC’s
• PRE-CERCLA – GSA routinely placed IC’s in deeds limiting reuse
• PBC’s – restrictions include “no public allowed” (wildlife) and a reversionary clause
• Negotiated sales – excess profits clause inserted in deeds for minimum 3 years
• Public sales – deed notice, buyer bewareIC’s were used to ensure the
“public purpose” use of the property
LUC’s = EC’s + IC’s
• Engineering Controls: Physical mechanisms for preventing exposure to contamination (caps placed on contaminated soil, fences, signage)
• Institutional Controls: Legal and administrative mechanisms designed to reduce exposure to contamination (deed restrictions, easements, notices) and run with the land
Institutional Controls
• Environmental – CERCLA– RCRA– CZMA– SDWA– NHPA– ESA– wetlands
• Non-Environmental – PBC’s– Mineral rights– FAA restriction– Renewable energy
credits– Escrow accounts– Excess profits clause
New Brunswick Laboratory SiteNew Brunswick, New Jersey
5.61 acres
New Brunswick Milestones
• 2004: Soils and groundwater RI submitted to NJDEP
• 2005: ROE to GSA
• 2006: NJDEP requests deed notice
• 2007: City interest falls through– GSA markets property for
public sale
• 2007: High bid via online sale - $1.125M– DOE records deed notice
• 2008: CNFA letter from NJDEP– Buyer resistance with
closing (storm pipe)
• 2009: Paid in full, deed transfer
IC = deed notice that runs with the landEC = soil cap
Wayne Interim Storage Superfund Site (WISS) Wayne, New Jersey
1990: Federal Facilities Agreement signed by DOE and EPA for radioactive materials buried on 6.5 acre WISS property
Principle contaminant: Thorium, with some radium, uranium and metals
2002: Restoration activities were completed
2006: Property conveyed through the Federal Lands to Parks Program to theCity of Wayne
Mill TailingsMonticello, Utah
• Only uranium mill owned & operated by US Government
• Conveyed as an Early Transfer PBC for park & recreation
• 2012: CERCLA 5 year review
Portion of permeable reactive barrier
Real Property Utilization and Disposal
http://www.propertydisposal.gsa.gov/
http://rc.gsa.gov/
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