General Services Administration

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Environmental Considerations
in Real Property Disposal
•  NEPA
•  Historic and Cultural Resources
•  CERCLA
•  Coastal Zone Management Act
•  USTs
•  Floodplains
•  Asbestos
•  Wetlands
•  PCBs
•  Endangered Species Act
•  Lead-Based Paint
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GSA Environmental Framework
Available at: https://propertydisposal.gsa.gov
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Frequently Asked Questions on
NEPA and Real Property Disposal
1.  Who completes NEPA for real property disposal
actions?
2.  When does GSA conduct NEPA analysis in the
Property Act Disposal process?
3.  How does GSA define its action and its reasonable
alternatives?
4.  How does GSA examine indirect and cumulative
impacts when selling real property?
5. How does GSA leverage NEPA for complex properties?
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Q #1: NEPA Responsibilities for Real
Property Disposal Actions
Landholding Agency NEPA for Property Act Disposals:
•  Pertains to the action of closing the subject facility and
reporting the property excess
Disposal Agency (i.e., GSA) NEPA :
•  GSA conducts the appropriate NEPA analysis for its
disposal action.
•  For transactions using another agency’s authority, GSA
can conduct the NEPA analysis on a reimbursable basis,
but ultimate responsibility for NEPA compliance lies with
the agency with deeding authority.
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Q#2: NEPA Timing for Real Property
Disposal Actions
Excess
AGENCY
REPORTS
PROPERTY
EXCESS TO
GSA FOR
DISPOSITION
Federal Public Use Negotiated
Transfer Conveyance
Sale
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
Public
Sale
OFFERED TO
PUBLIC AND
PRIVATE
PARTIES VIA
AUCTION OR
SEALED BID
FAIR MARKET
VALUE
REQUIRED
USES:
AIRPORT
CORRECTIONAL
EDUCATIONAL
HIGHWAY
HISTORIC
HOMELESS
HOUSING
PARK & RECREATION
PORT
PUBLIC HEALTH
POLICE / FIRE
WILDLIFE CONSERVATION
Property Act: 40 USC 541 et seq.
Federal Management Regulations: 41 CFR 102-75
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St. Elizabeth’s Hospital
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Q#3:
Defining
the
Ac0on
and
the
Alterna0ves
in
Real
Property
Disposal
For Property Act Disposal NEPA:
Action= Disposal, in accordance
with the highest and best use of
the property
No Action = Government Retention
of the Property
Dulski
Federal
Building
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Q#4: Analysis of Direct, Indirect, and
Cumulative Impacts for Real Property
Disposal NEPA
•  Usually the simple paper act of title transfer has no
direct impacts.
•  Regarding indirect and cumulative impacts of the
disposal action, we examine what is reasonably
forseeable in accordance with our assessment of
the property’s highest and best use.
•  NEPA focus in a public sale is on likely land use
rather than site-specific redevelopment plans by
new owner.
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Conservation Law Foundation (CLF) vs. General
Services Administration, 707 F. 2d 626, 1st Cir. 1983
GSA completed an Environmental Impact Statement (EIS)
for the disposal of surplus parcels located in Rhode Island
and owned by the U.S. Navy before conducting a public
sale.
CLF sued on the basis that the EIS was "inadequate
because it did not analyze the environmental consequences
of actual, site-specific plans for reuse of the surplus land
submitted by prospective buyers" and that "NEPA requires
GSA to consider environmental factors when choosing
among prospective buyers."
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Conservation Law Foundation vs. General Services Administration,
707 F. 2d 626, 1st Cir. 1983
The Court embraced GSA's position that once GSA had considered
whether to dispose of property or not in light of the environmental
impacts of such an action, the Property Act requires GSA to obtain the
greatest possible financial return from the sale without regard to
environmental or other factors:
"...we are nonetheless not convinced that requiring GSA to supplement
its EIS in the light of a high bidder's development plans before accepting
that bid can pass muster under a rule of reason. We reach that
conclusion for the very reasons expressed by the district court in
deciding that it was unreasonable to require GSA to analyze specific
development plans in the first instance. A particular buyer might change
its development plans by the time the EIS were complete. Moreover,
subsequent purchasers from the original GSA grantee might use the
land in a manner not envisioned by GSA or the original buyer's
development plans. In light of such possibilities, a proposal-specific EIS
might well be a waste of federal funds."
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Middle River Depot
Martin State Airport
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Plum Island
Animal Disease Center
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Q#5: How does GSA leverage
NEPA at complex sites?
Federal Government’s NEPA for disposal action:
• 
Offers Federal resources
• 
Requires scoping and comment period that facilitates
public involvement
• 
Promotes realistic reuse planning in accordance with an
understanding of:
– existing real property conveyance authorities
– site characteristics
– environmental assets and challenges
– impacts assessment
– necessary mitigation measures
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Volunteer Army Ammunition Plant
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Governors Island
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