AR 405-90 — Disposal Of Real Property
AR 405-90 governs the disposal and transfer of military and industrial real estate interests under Department of the Army accountability.
- Publication number: AR 405-90
- Title: DISPOSAL OF REAL PROPERTY
- Date: 06/08/2020
- Proponent: COE
- Status: ACTIVE
View AR 405-90 on armypubs.army.mil
AR 405-90 establishes disposal authorities, approval roles, documentation, screening, environmental considerations, and proceeds procedures. It addresses real property, improvements, leaseholds, easements, foreign excess property, timber, and embedded materials.
Applies to: This regulation sets forth authorities, responsibilities, policies, and procedures for the disposal and transfer of military and industrial real estate interests under the administrative jurisdiction or accountability of Department of the Army (DA) worldwide.
Topics covered
- Real property disposal
- Real property transfers
- Disposal approval authorities
- Disposal of improvements
- Leaseholds, licenses, permits, and easements
- Foreign excess real property
- Timber sales
- Embedded gravel, sand, stone, and water
Questions and answers
When must the Department of the Army dispose of real property?
The DA will promptly dispose of real property no longer needed to support current or anticipated military mission requirements or legal responsibilities. (paragraph 1-6)
What documents are required for proposals to dispose of real property?
Proposals to dispose of real property shall be documented in a disposal report or by other documents and forwarded via the applicable chain of command to the DA official with approval authority (see paragraph 34 for definition) to approve a determination of disposal (for example, report of excess or other appropriate documentation). (paragraph 1-6)
Does property proposed for disposal have to be screened for other military use?
Property proposed for disposal will be screened for other potential Department of Defense (DoD) use prior to taking other disposal actions unless otherwise specified by applicable disposal authority. (paragraph 1-6)
Who may commit the Department of the Army to transfer or convey real property?
Except as set out in this regulation, no individual will commit DA to transfer or convey any interest in real property to a non-DA party. (paragraph 1-7)
What is the approval threshold for garrison commanders disposing of improvements?
Garrison commanders or equivalent will be approval authority for disposal of improvements with an estimated value equal to or less than the value provided in 41 CFR 10275.1010 ($50,000 at the time of publication of this regulation). (paragraph 3-3)