1. Guidance Update DOE FIMS/RE Annual Training Real Estate Session May 5, 2015

2.  10 CFR 770 Annual Notices  Response to GAO recommendation  R.E. Desk Guide updates Guidance - Overview

3. § 770.5 How does DOE notify persons and entities that defense nuclear facility real property is available for transfer for economic development? (a) Field Office Managers annually make available to Community Reuse Organizations, local government, Tribal nations, and other persons and entities a list of real property at defense nuclear facilities that DOE has identified as appropriate for transfer for economic development. Field Office Managers may use any effective means of publicity to notify potentially-interested persons or entities of the availability of the list. 10 CFR 770 Annual Notices

4.  Why was this guidance issued?  Regulation calls for annual notices  Uncertain if notices have been issued  GAO recommendation re transfer process  HQ interest in clarifying/refining process 10 CFR 770 Annual Notices

5.  Who should follow this guidance?  Defense Nuclear Facilities  List attached to guidance memo  “Unneeded” or “Unutilized” real property  Defined in regulation, re-printed in guidance memo  Defense Nuclear Facility + Unneeded/Unutilized property = “Eligible Property” 10 CFR 770 Annual Notices

6.  What Eligible Property should be listed?  Identified - by DOE  Appropriate for transfer  Economic Development – defined in the regulation:  enhances production/distribution/consumption of goods and services in the surrounding region(s)  furthers reuse/redevelopment and furthers public policy objectives of laws governing downsizing of DOE's defense nuclear facilities  Don’t overthink economic development 10 CFR 770 Annual Notices

7.  Property not to list:  Improvements available for off-site removal only  Improvements to be demolished, land not available  No public access  Property designated for incompatible uses (i.e., conservation/preserve areas) 10 CFR 770 Annual Notices

8.  What does listing property signify?  DOE will consider proposals for transfer  Property is available for transfer  Now  Future – estimated date  DOE may use other disposal authorities/processes after publishing notice 10 CFR 770 Annual Notices

9.  What should the notice include?  Brief description of property  ID property within site  Acres/sf, maps – if known/desired  Regulation allows requests for detailed info  No need to provide in notice  Larger areas that may be “subdivided”  Indicate this in notice  References/Directions/Disclaimers 10 CFR 770 Annual Notices

10.  Where/how should the notice be published?  Send directly to:  CRO  Local government  Tribes  Other interested parties  Publish – Site Office discretion  Newspapers  Websites 10 CFR 770 Annual Notices

11.  When should the notices be published?  Annually, no later than 9/30  More than 1x/year ok  Keep properties on list unless:  Disposed  No longer “appropriate”  No need to publish blank list  Send copy of notice to MA 10 CFR 770 Annual Notices

12. DOE Real Property – Better Data and a More Proactive Approach Needed to Facilitate Property Disposal GAO Recommendation: DOE should develop and document an approach to property transfer consistent with its policy to identify and transfer properties appropriate for economic development, including clearly defining who is responsible for identifying those properties, when they should be identified, and how. Response to GAO Recommendation

13.  CRS, RECO, Delegations to non-realty personnel  CRS – review & approve (per 430.1B)  Includes contractor actions  RECO – execute for DOE  Delegation – execute, CRS approval required Real Estate Desk Guide 2014 Update

14.  Reference to DOE O 413.3B “Program and Project Management for the Acquisition of Capital Assets”  Acquisition Planning  Alternatives Analysis  Modifies PREP provisions Real Estate Desk Guide 2014 Update

15.  Acquisition – Title  Aligned with DOJ Title Standards  Title approval delegation  Applicability  Final title submittals to DOJ  Using other agencies (USACE, GSA) Real Estate Desk Guide 2014 Update

16.  Acquisition – Appraisals  Alignment with Uniform Act  Approving CRS should not review appraisal  Another CRS  SRO  Review Appraiser Real Estate Desk Guide 2014 Update

17.  Alternative Financing  Discussed in Leasing chapter  Reference to DOE AF Guide (G 430.1-7)  Long-term out-leasing  Discussed in Property Rights Management chapter  Mirrors 2014 SRPO guidance memo Real Estate Desk Guide 2014 Update

18.  McKinney-Vento Act  Discussed in Disposal chapter  Recommendation to submit all property to HUD for screening prior to disposal Real Estate Desk Guide 2014 Update

19.  Real Estate Records  Added to FIMS chapter  Programs/Sites maintain records  Land/interests in land under DOE custody and control  Cadastral (permanent) records  Operations/working files  Records retention guidelines Real Estate Desk Guide 2014 Update

20. David Steinau 202-287-1503 david.steinau@hq.doe.gov QUESTIONS?