Frequently Asked Questions
A federal agency acquiring excess real property must pay fair market value unless the Office of Management and Budget (OMB) approves a waiver of this requirement. Waivers are rare. One or more entities, however, could "donate" the money necessary for NPS to acquire the land. The NPS has indicated that they are interested in acquiring the property, but an act of Congress would be required and funding is an issue. It should be noted that if the property is determined surplus, a state or local government agency could acquire the property for certain specific public benefit uses including park and wildlife conservation at no cost.
2) Pursuant to CERCLA Section 120(h)(3)(C), GSA will not convey the property outside of federal ownership prior to completion of the environmental cleanup unless the Governor of the State of California concurs that the property is suitable for conveyance based upon a finding that:
A) the property is suitable for conveyance for the use intended, and the intended use is consistent with protection of human health and the environment;
B) the conveyance of the property will not substantially delay any necessary response action at the property;
C) GSA has published public notice of the proposed conveyance and has given the public the opportunity to submit, within a period of not less 30 days, written comments on the suitability of the property for conveyance; and
D) the deed or other agreement proposed to govern the conveyance between the United States and the transferee of the property contains assurances that provide:
i) for any necessary restrictions on the use of the property to ensure the protection of human health and the environment;
ii) that there will be restrictions on use necessary to ensure that required cleanup investigations, response actions and oversight activities will not be disrupted;
iii) that all necessary response action will be taken and identify the schedules for investigation and completion of all necessary response action as approved by the appropriate regulatory agency; and
iv) that NASA will submit a budget request to OMB that adequately addresses schedules for investigation and completion of all necessary response action, subject to congressional authorizations and appropriations.
Payment for the property must occur at the time of transfer even if GSA transfers the property prior to the completion of the environmental cleanup.