
The GSA has proposed changes to policies related to declaring federal agency real estate excess for purposes of making it available to use for housing of the homeless, in response to several court rulings and two changes of law enacted in 2016.
A notice for comment in the March 20 Federal Register notes that the program involves GSA, HUD and HHS. The first of those gathers information from landholding agencies about excess, surplus, unutilized, and underutilized properties under their control; the second makes determinations regarding suitability for use; and the third 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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