CFR > Title 32 - National Defense > SUBTITLE A—Department of Defense > CHAPTER V—DEPARTMENT OF THE ARMY (parts 400 to 668) > SUBCHAPTER J—REAL PROPERTY (parts 641 to 645) > PART 644—REAL ESTATE HANDBOOK > SUBPART F—Disposal (§644.311 to §644.561) > 644.411—Form of inter-agency transfer instrument.

644.411—Form of inter-agency transfer instrument.

(a) Inter-agency transfer instruments will be prepared by the Chief of Engineers in either memorandum or letter form. The instruments will be prepared for signature of the Secretary of the transferring department and will be addressed to the Secretary of head of the receiving department or agency. The instrument will provide, as a minimum, the following: citation of statutory authority for the transfer; statement as to whether the transfer is made with or without reimbursement; statement of the reimbursement amount, if applicable; statement as to whether the requirements of 10 U.S.C. 2662 have been met or that the transfer is not subject thereto; statement as to the acreage of land involved; and, by means of an inclosure, a description of the property being transferred. Based on the circumstances and nature of the property, other appropriate data outlined below will be included in the instrument.
(1) Effective date of transfer (where right-of-entry has been granted or custody transferred, this date will be used.)
(2) Restrictions, conditions, reservations and exceptions, as necessary.
(3) When, where, how and by whom transfer of physical possession and accountability for the property will be accomplished.
(4) Location and proposed disposition of title papers pertaining to the property.
(5) Description of the land and copy of map depicting the property and reflecting its relation to retained property, if any, and to encumbrances such as rights-of-way, easements, and leaseholds.
(6) Instructions concerning payment of rent where a lease is involved. The transfer will be conditioned upon assumption of all obligations incurred in connection with the leasehold, including obligations to restore the premises.
(7) Instructions concerning removal and site restoration where buildings or timber, or sand and gravel, or other separable property is involved.
(8) Statement of source of title and cost of acquisition where land is involved. Reservations and exceptions in and to the Government's title and easements and other rights in the property granted by the Government will be stated with particularity.
(9) List and description of buildings and improvements and cost of buildings and improvements not acquired with the land.
(10) A reference to excess or other directive making the property available for transfer when instrument is executed by District Engineer.
(11) Statement of responsibility and reimbursement for utility services.
(12) Reference to Report of Excess, Standard Form 118, where property has been reported to GSA.
(13) Other appropriate information.
(b) The DE will provide the data outlined in paragraph (a) of this section to HQDA (DAEN-REM) WASH DC 20314 for use in preparing transfers to be executed at the Secretariat level. The forwarding correspondence will contain sufficient information for a full and complete understanding of the proposed transfer action, including an appraisal when reimbursement is required, together with other appropriate comments and recommendations.