(b) The Department of the Treasury may lease building space and land incidental thereto for the use of the Comptroller of the Currency and provide for its operation, maintenance, and custody. (c) The Tennessee Valley Authority may lease building space and land incidental thereto and provide for its operation, maintenance, and custody. (d) The National Aeronautics and Space Administration may lease building space and land incidental thereto and provide for its operation, maintenance, and custody outside the District of Columbia. (e) A Federal agency may lease space in buildings and land incidental thereto, for its use when: (1) The space is located in any foreign country; (2) The space is in buildings which are located on the grounds of any fort, camp, post, arsenal, Navy Yard, naval training station, airfield, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use shall have been issued by the Secretary of Defense or his duly authorized representative; (3) The space is acquired by the U.S. Postal Service for postal purposes. (Sec. 205(c), 63 Stat. 390; (40 U.S.C. 486(c))) [39 FR 23202, June 27, 1974, as amended at 41 FR 36206, Aug. 27, 1976] § 101-18.103 Agency cooperation. The heads of executive agencies shall (a) cooperate with and assist the Administrator of General Services in carrying out his responsibilities respecting office buildings and space, (b) take measures to give GSA early notice of new or changing space requirements, (c) seek to economize in their requirements for space, and (d) review continuously their needs for space in and near the District of Columbia, taking into account the feasi bility of decentralizing services or activities which can be carried on elsewhere without excessive costs or significant loss of efficiency. § 101-18.104 Delegation of leasing authority. Subject to the limitations stated in § 101-18.105, agencies are hereby authorized to perform for themselves all functions with respect to acquisition of space by lease in buildings and land incidental thereto when the following conditions are met: (a) The space may be leased for no rental, or for a nominal consideration of $1.00 per annuin; or (b) When authority has been requested by an executive agency and a specific delegation has been granted by the Administrator of General Services; or (c) The space is found by the Administrator of General Services to be wholly or predominantly utilized for the special purposes of the agency to have custody thereof and is not generally suitable for the use of other agencies; including but not limited to hospitals, housing, laboratories, mints, manufacturing plants, and penal institutions. (The types of space listed in § 101-18.104-1 have been found to be wholly or predominantly utilized for the special purposes of the agency named and are not generally suitable for the uses of other agencies.); or (d) Prior approval of GSA has been obtained before an agency initiates a leasing action which involves 2,500 or more square feet of special purpose space. The request for approval and a Standard Form 81 shall be filed with the GSA regional office having jurisdiction in the area of the proposed leasing action as shown in § 10117.4801. § 101-18.104-1 List of special purpose space. (a) Department of Agriculture: (1) Aircraft storage and repair shops. (2) Fumigation areas. (3) Garage space held under service contract. (4) Greenhouses. (5) Land. (6) Miscellaneous storage by cubic foot or weight basis. (7) Office space when required to be located in or adjacent to stockyards. (8) Space for agricultural commodities stored in licensed warehouses and utilized under warehousing contracts. (9) Space utilized in cooperation with State and local governments or their instrumentalities where the cooperating State or local government occupies a portion of the space and - pays a portion of the rent. (10) Plant, bird, and animal quarantine facilities. (11) Housing. (12) Storage for pesticide materials and equipment. (b) Department of Commerce: (1) Maritime training stations. (2) Radio stations. (3) Laboratories for testing materials, classified or ordnance devices, and calibration of instruments. (4) Weather bureau offices at airports. (5) Docks, piers, and mooring facilities. (6) Garage space held under service contract. (7) Hangars used for airplane storage. (8) Oil and gasoline storage. (1) Air Force-Civil Air Patrol Liaison Office when required for use incidental to, in conjunction with, and in close proximity to airports. (2) Armories. (3) Cold and freezer storage. (4) Depot storage. (5) Docks and piers. (6) Film library in the vicinity of Washington, D.C. (7) Filter centers. (8) Garage space held under service contract. (9) Hangars and other airport operating facilities. (10) Hospitals. (11) Hotels. (12) Housing. (13) Land (including aircraft and warning stations). (14) Laundries. (15) Leased buildings at Jackson, Mississippi, Air Force Base. (16) Lumber storage. (17) Mess halls. (18) Mooring space. (19) Oil and gasoline storage. (21) Ports of embarkation and debarkation. (22) Post exchanges. (23) Postal Concentration Center at Long Island City, New York. (24) Recreation centers. (27) Service clubs. (28) Testing laboratories. (d) Home Loan Bank Board: Space for field offices of Examining Division required to be located within Federal Home Loan Bank buildings or immediately adjoining or adjacent to such buildings. (e) Department of Housing and Urban Development: Space used for residential and related purposes. (f) Department of Justice: U.S. Marshal's offices in Alaska and Border Patrol Offices similar in character and utilization to police stations involving the handling of prisoners, firearms, and motor vehicles, regardless of location. (g) Tax Court of the United States: Present courtroom in Grand Central Terminal Building, New York, New York. (h) Veterans Administration: (1) Guidance and training centers located at schools and colleges. (2) Space used for Veterans Administration hospitals and related purposes. (i) Department of the Interior: (1) Space in buildings and land incidental thereto used by field crews of the Bureau of Reclamation, Bureau of Land Management, and the Geological Survey for periods of less than 1 year in remote areas where no other Government agencies are quartered; and (2) Garage space held under service contract used by the Geological Survey and the Bureau of Land Management. (j) Department of Health, Education, and Welfare: Space used for hos pitals, quarantine stations, and laboratories. (k) Federal Communications Commission: Monitoring station sites. (1) Department of Transportation: (1) U.S. Coast Guard: Plots of land and pier sites, including closed storage space required in combination with piers and docking and mooring facilities; space for the oceanic unit at Woods Hole, Mass.; and space for port security activities; and (2) Federal Aviation Administration. The Aeronautical Center at Oklahoma City, Oklahoma, air route traffic control centers, garage space held under service contracts, land at airports, and not more than 10,000 square feet of space at airports that is used predominately as general purpose office space in buildings under the jurisdiction of public or private airport authorities. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) [39 FR 23202, June 27, 1974, as amended at 40 FR 2587, Jan. 14, 1975] § 101-18.105 Limitations on the use of delegated authority. (a) Agencies authorized by this Subpart 101-18.1 to perform functions with respect to acquiring space by lease may perform such functions only: (1) When the utilization requirements of Part 101-17 have been met; and (2) In accordance with the authorities in § 101-18.001, § 101-18.100, and applicable provisions of Chapters 1 and 101 of this title. (b) Agencies may not exercise the long-term leasing authority contained in section 210(h)(1) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(h)(1)) in the performance of the functions delegated under this Subpart 101-18.1 without specific authorization from the Administrator of General Services. (c) Agencies having a need for other than temporary parking accommodations in the urban centers listed in § 101-18.102, for Government-owned motor vehicles not regularly housed by GSA, shall ascertain the availability of Government-owned or -controlled parking from GSA in accordance with the procedures outlined in § 101-17.101-6 prior to instituting procurement action to acquire parking facilities or services. (d) In accordance with section 7(a) of the Public Buildings Act of 1959, as amended (40 U.S.C. 606), agencies must submit a prospectus to the Administrator of General Services for leases involving an average annual rental in excess of $500,000. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) [39 FR 23202, June 27, 1974, as amended at 41 FR 52458, Nov. 30, 1976] § 101-18.106 Contingent fees and related procedure. The provisions of Subpart 1-1.5 of this title with respect to contingent fees and related procedure are hereby made applicable to all negotiated and advertised contracts for the acquisition of real property by lease. The covenant shall be appropriately adapted for use in leases of real property for Government use. § 101-18.107 Application of socioeconomic considerations. (a) In acquiring space by lease, locations will be avoided which will work a hardship on employees because (1) there is a lack of adequate housing for low- and middle-income employees on a nondiscriminatory basis within reasonable proximity and (2) the location is not readily accessible from other areas of the urban center. (b) Consideration of low- and moderate-income housing on a nondiscriminatory basis for employees and the need for development and redevelopment of areas for socioeconomic improvement will apply to the acquisition of space by lease where: (1) 100 or more low- or moderateincome employees are expected to be employed in the space to be leased; and (2) The lease involves residential relocation of a majority of the existing low- and moderate-income work force, a significant increase in their transportation or parking costs, travel time that exceeds 45 minutes to the new location, or a 20 percent increase in travel time if travel time to the present facility already exceeds an average of 45 minutes; or (3) GSA requests HUD review in lease actions of special importance not covered by paragraphs (b) (1) and (2) of this section. (c) The Department of Housing and Urban Development is responsible for providing information concerning the availability of low- and moderateincome housing on a nondiscriminatory basis in areas where Federal facilities are to be located. (d) The Department of Housing and Urban Development will be consulted concerning the availability, on a nondiscriminatory basis, of low- and moderate-income housing for those Federal employees who will work in the project area. (e) Other socioeconomic consider- ations described in § 101-19.101 are also applicable to acquisition by lease. Subpart 101-18.2-Acquisition by Purchase or Condemnation § 101-18.200 Purpose. These regulations will: (a) Encourage and expedite the acquisition of real property by agree- ments with owners; (b) Avoid litigation where possible and relieve congestion in the courts; (c) Insure consistent treatment of owners in the many Federal programs; and (d) Promote public confidence in Federal land acquisition practices. § 101-18.201 Basic acquisition policy. GSA, to the greatest extent practicable, will: (a) Make every reasonable effort to acquire expeditiously real property by negotiation. (b) Appraise real property before the initiation of negotiations and give the owner or his designated representative an opportunity to accompany the appraiser during his inspection of the property. (c) Establish, prior to the initiation of negotiations for real property, an amount estimated to be the just compensation therefor and make a prompt offer to acquire the property for the full amount so established. GSA will provide the owner of the real property to be acquired with a written state ment of the amount established as just compensation and a summary of the basis for it. Where appropriate, the just compensation for the real properly acquired and for damages to remaining real property will be separately stated. The summary statement to be furnished the owner will include the following: (1) Identification of the real property and the estate or interest therein to be acquired; (2) Identification of the buildings, structures, and other improvements considered to be part of the real property for which the offer of just compensation is made; (3) A statement that GSA's determination of just compensation is based on the estimated fair market value of the property to be acquired. If only part of the property is to be acquired or the interest to be acquired is less than the full interest of the owner, the statement will explain the basis for the determination of the just compensation; (4) A statement that GSA's determination of just compensation is not less than its approved appraisal of the property; and (5) A statement that any increase or decrease in the fair market value of the real property, prior to the date of valuation, caused by the public improvement or project for which the real property is to be acquired, or by the likelihood that the real property would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of just compensation for the property. (d) Acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property. This includes buildings, structures, or other improvements that GSA requires to be removed from the real property or that GSA determines will affect adversely the proposed use of the real property. If any buildings, structures, or other improvements comprising part of the real property are the property of an occupant who has the right or obliga tion to remove them at the expiration of his term, the total just compensation for the real property, including the property of the occupant, will be determined and the occupant will be paid the greater of the: (1) Fair market value of the buildings, structures, or other improvements to be removed from the property; or (2) Contributive fair market value of the occupant's improvements to the fair market value of the entirety, which value should not be less than the value of his improvements for removal from the real property. Payment under this paragraph (d) of this section will not be a duplication of any payment otherwise authorized by law. No payment will be made unless the landowner disclaims all interests in the occupant's improvements and the occupant in consideration for such payment shall assign, transfer, and release to the Government all his right, title, and interest in and to such improvements. The occupant may reject payment under this paragraph (d) of this section and obtain payment for his property interests in accordance with other applicable laws. (e) Obtain only one appraisal on each parcel, tract, etc., of real property to be acquired unless GSA determines that circumstances require an additional appraisal or appraisals. (f) Maintain records to verify that the landowner or his designated representative(s) was given an opportunity to accompany the appraiser during the inspection of the real property. (g) Pay an owner or occupant or deposit such payment in the registry of the court before requiring him to surrender his property. To the maximum extent practicable, owners and occupants will be given at least 90 days' notice of displacement before being required to move from real property acquired by GSA. If permitted by GSA to remain in possession for a short period of time after Government acquisition, the rental charged for this Occupancy will not be more than the fair rental value of the property to a short-term occupier. (h) Not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his property. Offer to acquire the entire property where the acquisition of a part of a property will leave the owner with an uneconomic remnant. § 101-18.202 Expenses incidental to transfer. GSA will amend its contract-to-sellreal-property forms to provide for reimbursement to vendors in amounts deemed by GSA to be fair and reasonable for the following expenses: (a) Recording fees, transfer taxes (other than tax imposed on the United States), and similar expenses incidental to conveying the real property; (b) Penalty cost for prepayment of any preexisting recorded mortgage entered into in good faith encumbering said real property; and (c) The pro rata portion of real property taxes paid by the vendor for periods subsequent to the day title vests in the United States. § 101-18.203 Litigation expenses. GSA will plan for and take into consideration the possible liability for the payment of litigation expenses of a condemnee as provided for in section 304 of the Act. Subpart 101-18.3-Relocation Assistance and Payments § 101-18.300 Purpose. These regulations will serve to insure uniform, fair, and equitable treatment of persons displaced from their homes, businesses, or farms by Federal or federally assisted programs designed for the benefit of the public as a whole and to safeguard against abuse of any of the underlying purposes, provisions, and policies of the Act. § 101-18.301 Basic policy. GSA, to the greatest extent practicable will: (a) Administer its real property acquisition programs or projects so that every person displaced because of such |