http://www.fws.gov/policy/fws_col.gif033 FW 13, Real Property Management


FWM#:     319 (replaces FWM 283, 12/20/96)
Date:        June 11, 1997
Series:      Delegations
Part 033:  General Administrative Redelegations
Originating Office: Division of Policy and Directives Management


13.1 Redelegation. The authority delegated to the Director pursuant to 242 DM 1-2 (also published as 031 FW 1-2) and 205 DM 5 and 10 as they pertain to real property management is redelegated below.

13.2 Utilization and Disposal of Real Property.

A. Authority.

(1) The Assistant Director - Refuges and Wildlife is authorized to perform the real property functions in 41 CFR 101-1.1, 101-3.2, and 101-3.3 of the Federal Property Management Regulations (FPMR) as supplemented by Interior Property Management Regulations (IPMR) other Departmental issuances, and 340 FW (205 DM 10.2A(1)).

(2) Regional Directors and the Assistant Director - Refuges and Wildlife are authorized to perform the real property functions in 41 CFR 101-19.6 (Accommodations for the Physically Handicapped) and 101-47 (Utilization and Disposal of Real Property) of the FPMR as supplemented by IPMR, other Departmental issuances, 063 FW 2, and 340 FW (205 DM 10.2A(2)(3)).

B. Limitations.

(1) Any Service directives that implement, clarify, or supplement the real property portions of the IMPR system must be approved by the Assistant Secretary - Policy, Management and Budget prior to issuance by the Director (205 DM 10.2B(1)).

(2) The three annual reports called for in IPMR 114-3.2, 114-3.3, and 114-47.8 must be submitted through the Assistant Secretary for Fish and Wildlife and Parks for review and approval prior to submission to the Assistant Secretary - Policy, Management, and Budget (205 DM 10.2B(2)).

C. Easements and Permits. Regional Directors are authorized to grant easements and permits in, over, or upon real property under their jurisdiction in accordance with 40 U.S.C. 319-319c, 50 CFR 29.21, and 340 FW 3 (205 DM 10.5).

D. Disposal and Disposition Matters Affecting Title. Authority regarding these matters may be exercised by Regional Directors after initial approval, specifically by the Director. Cases submitted for the Director's approval must be fully documented and contain a recommendation for or against the proposal.

13.3 Acquisition of Land and Interest Therein.

A. Authority. (205 DM 10.4A)

(1) Authority to acquire land and interests in real property is reserved to the Director, except as indicated below.

(2) Regional Directors and the Assistant Director - Refuges and Wildlife are authorized to perform the appraisal and pre-and post-land acquisition functions in 42 U.S.C. 4651 et. seq. and implemented by FAR 41 CFR 101-6.111, IPMR 41 CFR 114-50.3 and 341-342 FW.

B. Limitations.

(1) All acquisitions under the Migratory Bird Conservation Act require approval of the Migratory Bird Conservation Commission, regardless of size or value.

(2) Any Servicewide directives implementing, clarifying or supplementing the appraisal and land acquisition portions of the IPMR system must be approved by the Assistant Secretary - Policy, Management, and Budget prior to the Director's issuance (205 DM 10.4B).

C. Leases of Space. Regional Directors and the Assistant Director - Policy, Budget and Administration are authorized to acquire by lease, space in buildings and land located in the United States and its territorial possessions pursuant to FPMR 101-18, specifically 101-18.105, and 370 FW (205 DM 5.5).

D. Minor Land Acquisitions. Regional Directors are authorized to conduct the following actions. This authority may not be redelegated.

(1) Acquire additions to established refuge units, as limited in (a) and (b) below, that are contiguous or adjacent to the established unit and clearly necessary for its management. Adjacent is defined as being located within one mile from the established boundary. This authority may not be used to acquire a separately managed division of the initial unit, or to acquire a parcel with no biologically based relationship to the established refuge.

(a) Property, in fee or less-than-fee, of a cumulative total of 10 percent of the approved acquisition boundary acreage or 40 acres, whichever is greater.

(b) Additions via Memorandum of Understanding, Cooperative Agreement, or similar agreement where lands or interests in lands are not acquired.

(2) Acquire Waterfowl Production Areas pursuant to 16 U.S.C. 718d.

(3) Accept non-purchase fee title acquisition proposals for Farmers Home Administration inventory tracts.

E. Other Land Acquisition and Acquisition Matters Affecting Title. Authority regarding these matters may be exercised by Regional Directors after initial approval specifically by the Director. Cases submitted for the Director's approval must be fully documented and contain a recommendation for or against the proposal.

F. Appraised Value. Authority to accept purchase agreements that exceed appraised values is reserved to the Director, except as indicated below.

(1) The House and Senate Appropriations Subcommittees must approve any acquisition that exceeds its appraised value when using funds appropriated by the Interior and Related Agencies Appropriations Acts.

(2) Otherwise, Regional Directors are authorized to exceed appraised value for:

(a) Tracts having an appraised value of up to $10,000, with an overrun of up to $1,000.

(b) Tracts having an appraised value of $10,000 to $250,000, with an overrun of up to 10 percent.

(c) Tracts having an appraised value over $250,000, with an overrun of up to $25,000 or 5 percent of the appraised value, whichever is greater.

G. Relocation Assistance. Regional Directors are authorized to perform the relocation assistance functions in 42 U.S.C. 4621 et. seq. and implemented by FAR 41 CFR 101-6.1, IMPR 41 CFR 114-5 (except 114-50.3) and 342 FW 7 (205 DM 10.3A).

13.4 Acquisition of Water Rights. Regional Directors are authorized to conduct the following actions in accordance with 403 FW. All or portions of this authority may be redelegated to appropriate Regional staff.

A. Initiate, prosecute, acquire and perfect water rights in the name of the United States pursuant to the provisions of State law and in conformity with applicable interstate agreements.

B. Take any other steps, including litigation, which are useful and proper to protect, secure, and maintain such water rights in good standing.

13.5 Government Furnished Quarters (GFQ) and Facilities Management.

A. Authority. (205 DM 10.1A)

(1) Except as indicated below, the Assistant Director - Policy, Budget and Administration is authorized to perform the GFQ and facilities management functions in 5 U.S.C. 5911 and implemented by:

(a) OMB Circular No. A-45, Revised, Rental and Construction of Government Quarters.

(b) OMB Circular No. A-25, Revised, User Charges.

(c) Regulation System, 41 CFR 101-1.1

(d) 371 FW, Quarters Management

(2) Except as indicated below, Regional Directors are authorized to perform the above functions with respect to administering quarters, subsistence, and related services; establishing quarters rental rates; and approving required occupancy.

B. Limitation. Any Service directives that implement, clarify, or supplement the GFQ and facilities management portion of the IPMR system must be approved by the Assistant Secretary - Policy, Management and Budget prior to issuance by the Director (205 DM 10.1B(3)).

C. Reservations. The following authorities are reserved to the Director and may not be redelegated:

(1) Approval of the acquisition and utilization of new or additional housing, including house trailers and mobile homes, as GFQ prior to use (205 DM 10.1B(l); 242 FW 2.1G).

(2) Approval of the continued use of obsolete or energy inefficient housing as GFQ (205 DM 10.1B(1); 242 FW 2.1G). 


For additional information regarding this Web page, contact Krista Bibb, in the Division of Policy and Directives Management, at Krista_Bibb@fws.gov 


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