Real Estate

Disposal of Real Property

By Order of the Secretary of the Army:

JAMES C. MCCONVILLE
General, United States Army
Chief of Staff

Official:

KATHLEEN S. MILLER
Administrative Assistant
to the Secretary of the Army

History. This publication is a major revision.

Summary. This regulation provides policy for disposing of Army-controlled real estate. Specifically, it offers guidelines for property disposal, properties to be exceeded, disposals by the General Services Administration, return of public domain lands, and disposals of real property by the Army. Also, it identifies other regulations that provide detailed real estate policy, authorities for the disposal of real property,

required environmental analysis and documentation, and notice of intention to relinquish.

Applicability. This regulation applies to the Regular Army, Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve unless otherwise stated. This regulation does not apply to Civil Works.

Proponent and exception authority. The proponent of this regulation is the Chief of Engineers. The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or its direct reporting unit or field operating agency, in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include formal review by the activity's senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher headquarters to

the policy proponent. Refer to AR 25–30 for specific guidance.

Army internal control process. This regulation contains internal control provisions in accordance with AR 11–2 and identifies key internal controls that must be evaluated (see appendix C).

Supplementation. Supplementation of this regulation and establishment of agency, command, and installation forms are prohibited without prior approval from the Chief of Engineers (CEMP-CR), 441 G Street, NW, Washington, DC 20314–1000.

Suggested improvements. Users are invited to send comments and suggested improvements on DA FormDA FormDepartment of the Army form 2028 (Recommended Changes to Publications and Blank Forms) directly to the office of the Chief of Engineers (CEMP-CR), 441 G Street, NW, Washington, DC 20314–1000.

Distribution. This regulation is available in electronic media only and is intended for the Regular Army, Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.

The following process will be followed to dispose of embedded gravel, sand, stone (including clay) or underground water:

The authority to dispose of United States real property is vested in the Congress (United States Constitution, Article IV, Section 3, Para 2). The principal law authorizing the disposal of federal real property is the Federal Property and Admin-istrative Services Act of 1949, as amended (40 USCUSCUnited States Code 101, and what follows), hereinafter called the Federal Property Act. This act provides that each federal agency report real property in excess to its requirements to the GSAGSAGeneral Services Administration. GSAGSAGeneral Services Administration then deter-mines if the available property can meet an unfulfilled requirement of any other federal agency. If not, GSAGSAGeneral Services Administration supervises and directs the disposal of the surplus property. All disposals of real property will be made under the authority of the Federal Property Act and implementing regulations issued by GSAGSAGeneral Services Administration called the Federal Management Regulation (FMR) (41 CFRCFRCode of Federal Regulations 102, and what follows), unless otherwise authorized by law. Where other legislation authorizes disposal, the proce-dures of the GSAGSAGeneral Services Administration implementing regulations may nevertheless be helpful as nonbinding guidelines in processing the dis-posal. In addition to the Federal Property Act, the principal acts of Congress authorizing the SECARMYSECARMYSecretary of the Army to dispose of real property are as follows: