Property Management Workshop REAL ESTATE SESSION Presented by Nisha Kumar, Attorney-Advisor, Office of the Assistant General Counsel for General Law, GC-77 1

Property Management Workshop REAL ESTATE SESSION 1 Section 161g of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(g) provides the Secretary of Energy the authority to:  “acquire, purchase, lease and hold real and personal property  “and to sell, lease, grant, and dispose of such real and personal property as provided in this Act.” 2

Property Management Workshop REAL ESTATE SESSION Broad discretion under 161 g.  There are no implementing regulations and scarce legislative history  161g transactions are not subject to General Service Administration disposition requirements under the Federal Property and Administrative Services Act. 3

Criteria for 161g disposition:  The Office of General Counsel has interpreted “as provided in this Act” to require that any disposition under section 161g must relate to property that:  (1) the Department has acquired in connection with carrying out the objectives under the AEA, or  (2) property will be used/disposed to carry out such functions/objectives 4

Purposes and policies of AEA are found in:  Section 1 of Act: “common defense and security” and “promote world peace” 42 U.S.C  Section 2 of Act: “for military purposes” 42 U.S.C  Section 3 of Act: “assisting and fostering research and development,” “development and utilization of atomic energy for peaceful purposes,” “international cooperation to promote common defense and security” 42 U.S.C  And other sections of AEA 5

Fair Market Value (FMV)  161g does not impose any FMV requirement, since the authorized means of disposal includes “grant” as well as “sell” and “lease.” 6

Reporting Requirements for Sales of Real Property under FMV  The Department is required to notify the Committee of Appropriations 60 days in advance of any proposed sale of land, which is: (1) under the authority of 161g, and (2) less than FMV. House Report No. 112, 107 th Congress (2002)  Only applies to “Real” property  Only applies to “Sales” and not “Leases”  A transfer at no cost is considered a sale at less than FMV, for purposes of notification 7

Term of Lease period  Section 161g does not address the length of the lease period  The Department disfavors long term leases (e.g. longer than a 20 year lease, with a 20 year renewal option)  Any leases that exceed 40years need to be reviewed by the Office of General Counsel 8