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Disposal of Navy Excess Real Property CNIC N4 – CAPT J. P. Rios. Disposal of Navy Excess Real Property. Policy from NAVFAC P-73, Chapter 23:
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Disposal of Navy Excess Real PropertyCNIC N4 – CAPT J. P. Rios
Disposal of Navy Excess Real Property Policy from NAVFAC P-73, Chapter 23: • It is the policy of the Department of Defense (DOD) that real estate holdings of the military departments be limited to the minimum required to accomplish assigned missions… • Real property under the custody and control of DON must be limited to the land area and the number and types of buildings, and other improvements essential to the support of current missions and/or mobilization requirements. Further, real property that is not required for military purposes should be promptly disposed of… • Primary authority is from 40 U.S.C. § 472 (Federal Property and Administrative Services Act of 1949, as amended)
Disposal of Navy Excess Real Property • Excess property can be repurposed within the Navy or disposed of through: • Demolition • Transfer via special legislation • GSA transfer to other services, Federal agencies, state governments, and private and public bodies • Sale via special legislation or DoN direction • Process varies by disposal method, but in general: • Installation identifies underutilized real property and completes McKinney Act checklist. Report of Excess package sent to NAVFAC via Region and CNIC • GSA reviews facility for potential value, and screens all Federal (HUD gets first shot under McKinney Act), state and local governments (GSA can delegate this action). • GSA transfers property to other agency at FMV. • If no Federal interest, GSA declares property as surplus.
Disposal of Navy Excess Real Property • Examples: • Special legislation: NS Roosevelt Roads, Puerto Rico in 2004. Closure required by FY04 NDAA • Disposal through GSA: NIOC Sugar Grove, WV in 2015. Navy declared excess and initiated disposal process through GSA. • Repurpose within Navy: Excess facilities can be repurposed to support other Navy missions. For example, MSC HQ was able to vacate leased spaces in Washington DC and take advantage of excess facilities in Norfolk • Conversion: The Navy has frequently converted excess warehouse capacity into offices to support deficiencies in admin space • Ongoing: Navy Outlying Field Saufley Field. Consolidation project planned to relocate tenants and demolish underutilized facilities to support future use, including EUL and PPA
Disposal of Navy Excess Real Property Questions? 9/15/2014 8:35:36 PM 5
DoD Actions GSA Actions OPNAV Notice 5400 Published: 22 Apr 13 NIOC Sugar Grove Disestablished: 30 Sep 15 2015 2016 2014 2013 JAN APR JUL OCT JAN APR JUL OCT JAN APR JUL OCT APR JUL OCT NAVY reports property excess to GSA after Congressional Reporting CNIC Declares Property Excess • GSA screens for HUD and non-DoD federal use • YES? – Transfer • NO? – Declare property as “surplus” • GSA offers to State & local governments and eligible non-profits • YES? – Transfer within legal guidelines • NO? – Market property for competitive sale to the general public • ** Disposal Package includes the following: SF-118, Site Sketch, Location Maps, Aerial Photographs, Environmental Documentation, Toxic and Hazardous Documentation, Title V Property Survey, Title/Deed , Legal Description, and jurisdiction information. NAVFAC Completes INFORMAL-DoD Screening NIOC Submits Disposal Package ** See Note NAVFAC Completes FORMAL-DoD Screening NIOC Sugar Grove Reuse Timeline Known Dates Pending Actions DoD/GSA process may take 2-3 years
Federal Reuse Screening Process • Navy Screens for DoD Use • If Navy deems property to be in excess, an official Report of Excess Property is submitted from NIOC Sugar Grove to Commander, Navy Region Mid-Atlantic (CNRMA) and Commander, Navy Installations Command (CNIC) declaring the property excess to the Navy. • Once the property has been declared excess, Naval Facilities Engineering Command (NAVFAC) will screen the property for use by DoD, Homeland Security, and the National Guard Bureau for 30 days. (The National Guard Bureau has already declared that they have no interest.) • If compatible interest is expressed within the 30 days, the Navy will initiate the transfer process after compliance with all internal DoD requirements. • Upon receipt of notification from NAVFAC that requisite approvals (ASN EI&E and 10 USC 2662 reporting) for the transfer have been obtained, arrangements shall be made with the receiving Agency for transfer of custody and control of the property. • If no interest is identified and after requisite approvals (ASN EI&E and 10 USC 2662 reporting), NAVFAC will forward a Report of Excess Package to General Services Administration (GSA) who will act as the Disposal Agency. • GSA Screens for Non-DoD Federal Use • Submit Title V Report to HUD IAW with the McKinney / Vento Homeless Assistance Act. HUD will publish property notice in the Federal Register. • Obtain appraisal to establish Fair Market Value (FMV). • Screen property for Federal Government need. • If a use within the Federal Government exists, transfer property from one Federal agency to another at 100% FMV. (FMR 102-75.190); If no interest, will be determined “Surplus” to the needs of the Government.
GSA Excess Property Disposal Public Benefit Conveyance: • As a Public Benefit Conveyance (PBC), the property can be substantially discounted in price (up to 100% reduction in fair market value) if it is used for a qualified public use: Public health or educational uses, Public Parks and Public Recreational Areas, Historic monuments, Homeless assistance, Correctional institutions, Wildlife conservation, Self-help housing, Law Enforcement and Emergency Management Response (PDC) • The notification procedure is as follows: Based on the property's location, the appropriate regional office writes to the Governor of the State or territory, clerk of the county, Mayor of the city or town, and any regional and metropolitan comprehensive planning agencies that may be concerned with the property's ultimate use. Announcements may also be placed in Post Offices and other prominent places like the State Capitol building, county building, courthouse, town hall, or city hall. • A public agency or institution has 30 days from the date on the notice to advise a regional office of interest in the property. The response should cite the applicable legislation and indicate how much time is needed to prepare and submit a formal application. Various sponsoring agencies review the formal application for acceptability. If application is approved, property may be conveyed for the approved public use.