Institutional Controls for Real Property Disposal Transactions Kevin Legare Realty Specialist General Services Administration Region One, Boston MA Federal Property and Administrative Services Act of 1949 Property Act

“The Property Act” Created GSA in June 1949 Governs general applications on real property acquired to carry out Federal agency program missions Implements real property utilization and disposal framework

AIRPORT CORRECTIONAL EDUCATION HISTORIC HOMELESS LAW ENFORCEMENT/ EMERGENCY MANAGEMENT PARK & RECREATION PUBLIC HEALTH SELF HELP HOUSING WILDLIFE CONSERVATION Property Disposal Process Federal Property Act & Federal Management Regulations 40 USC 541 et seq. & 41 CFR Excess Federal Transfer Public Benefit Conveyance Negotiated Sale Public Sale AGENCY REPORTS PROPERTY EXCESS TO GSA FOR DISPOSITION DETERMINED SURPLUS IF NOT TRANSFERRED TO ANOTHER FEDERAL AGENCY PROPERTY AVAILABLE FOR CERTAIN PUBLIC USES UP TO 100% DISCOUNT TO ELIGIBLE PUBLIC BODIES FOR OTHER PUBLIC USES FAIR MARKET VALUE REQUIRED OFFERED TO PUBLIC & PRIVATE PARTIES BY AUCTION OR SEALED BID FAIR MARKET VALUE REQUIRED

GSA and IC’s PRE-CERCLA – GSA routinely placed IC’s in deeds limiting reuse PBC’s – restrictions include “no public allowed” (wildlife) and a reversionary clause Negotiated sales – excess profits clause inserted in deeds for minimum 3 years Public sales – deed notice, buyer beware IC’s were used to ensure the “public purpose” use of the property

LUC’s = EC’s + IC’s Engineering Controls : Physical mechanisms for preventing exposure to contamination (caps placed on contaminated soil, fences, signage) Institutional Controls : Legal and administrative mechanisms designed to reduce exposure to contamination (deed restrictions, easements, notices) and run with the land

Institutional Controls Environmental –CERCLA –RCRA –CZMA –SDWA –NHPA –ESA –wetlands Non-Environmental –PBC’s –Mineral rights –FAA restriction –Renewable energy credits –Escrow accounts –Excess profits clause

New Brunswick Laboratory Site New Brunswick, New Jersey 5.61 acres

New Brunswick Milestones 2004: Soils and groundwater RI submitted to NJDEP 2005: ROE to GSA 2006: NJDEP requests deed notice 2007: City interest falls through –GSA markets property for public sale 2007: High bid via online sale - $1.125M –DOE records deed notice 2008: CNFA letter from NJDEP –Buyer resistance with closing (storm pipe) 2009: Paid in full, deed transfer IC = deed notice that runs with the land EC = soil cap

Wayne Interim Storage Superfund Site (WISS) Wayne, New Jersey 1990: Federal Facilities Agreement signed by DOE and EPA for radioactive materials buried on 6.5 acre WISS property Principle contaminant: Thorium, with some radium, uranium and metals 2002: Restoration activities were completed 2006: Property conveyed through the Federal Lands to Parks Program to the City of Wayne

Mill Tailings Monticello, Utah Only uranium mill owned & operated by US Government Conveyed as an Early Transfer PBC for park & recreation 2012: CERCLA 5 year review Portion of permeable reactive barrier

Real Property Utilization and Disposal