
GSA, HHS and HUD have finalized changes to policies related to declaring federal agency real estate excess for purposes of making it available to use for housing of the homeless.
Rules in the November 13 Federal Register finalize changes proposed early last year in response to court rulings, changes in law and GAO recommendations of recent years affecting a program dating to 1991 under the McKinney-Vento Homeless Assistance Act.
Under that law, GSA gathers information from landholding agencies about excess, surplus, un-utilized, and underutilized properties under their control; HUD makes determinations regarding suitability for use; and HHS processes applications from state or local governments or nonprofits to put it to use for that purpose.
The rules among other things: set new definitions of the types of excess property that are exempt from consideration; make clear that associated access such as machinery or equipment onsite are not part of a donation unless an agency chooses to include them; clarify issues of ownership of mineral and air space rights associated with land; and exclude from the process buildings or fixtures that are on land that itself is not excess.
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