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Aerial view of a port.

Disposal Process: Non-BRAC Property

The General Services Administration determines the current condition of surplus real property, including any environmental contamination and cleanup required. Pursuant to the McKinney-Vento Homeless Assistance Act, the Department of Housing and Urban Development then reviews the property to determine if it is suitable for homeless use. If the property is considered suitable for homeless use, it is first made available for homeless use consideration 60 days prior to any other public benefit use. If the property is not considered suitable or if there is no interest in the property, it becomes available for all other public benefit uses. State or local governments and qualified nonprofits interested in obtaining the property by public benefit conveyance submit applications to the Maritime Administration describing how they plan to use the property. The Maritime Administration then considers all applications and determines which one proposes the best public use for the property. The Maritime Administration notifies the General Services Administration of the chosen applicant. The General Services Administration assigns the property to the Maritime Administration, so that a deed can be developed and the property can be conveyed to the grantee via a quitclaim deed.

Once a property has been conveyed, grantees are responsible for adhering to all restrictions in the quitclaim deed. Examples of deed restrictions include limitations on the property’s use and revenue generation, the length of time to develop or implement the approved use and requirements to allow site inspections by the Maritime Administration and/or other authorized entities, participate in annual compliance reviews and or to submit periodic utilization reports. If the Maritime Administration determines that a grantee is out of compliance, the grantee is notified and the Maritime Administration works with the grantee to help bring the property back into compliance. After continued noncompliance, the Maritime Administration decides whether the property should revert and, if so, suggests that the General Services Administration take action to revert the property. Reverting the property means repossessing the land that was conveyed to the grantee. If the property is not brought back into compliance, the Maritime Administration consults with the General Services Administration as to whether the property should be reverted. If the agencies agree that the property should be repossessed, the property then reverts to the Federal portfolio and is reconsidered for disposal.