> GENERAL SERVICES ADMINISTRATION May 15, 2006
>
> Washington, DC 20405
>
> FEDERAL MANAGEMENT REGULATION
>
> Amendment 2006-02
>
> TO: Heads of Federal agencies
>
> SUBJECT: FMR Case 2006-102-2; Donation of Surplus Personal
>
> Property
>
> 1\. [Purpose]{.underline}. This document includes pages that reflect
> amendments to Part 102-37 of the Federal Management Regulation
>
> (FMR).
>
> 2\. [Background]{.underline}. In the years since 41 CFR part 102-37
> was published as a final rule, the references to other regulations
> which migrated from the Federal Property Management Regulations
>
> (FPMR) (41 CFR chapter 101) to the Federal Management Regulation
>
> (FMR) (41 CFR chapter 102) became outdated. Also, Public Law 107-
>
> 217 revised and recodified certain provisions of the Federal Property
> and Administrative Services Act of 1949 (Property Act). For example,
> the Property Act provisions and topics previously found at 40 U.S.C.
> 471-514 will now generally be found at 40
>
> U.S.C. 101-705. This revised regulation updates the title 40
>
> U.S.C. citations to reflect the changes made by Public Law 107-
>
> 217\. Additionally, in the intervening years since this regulation was
> published, several agencies have moved or changed names. Finally,
> updating or clarifying revisions were made where the revisions are
> seen as administrative or clerical in nature. This includes---
>
> 1\. Elimination of the requirement for a biennial report to
>
> Congress on the donation of Federal surplus personal property
>
> (obsolete because of section 3003 of the Federal Reports
>
> Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note)); and
>
> 2\. A revised threshold for audits made under OMB Circular A-
>
> 133\.
>
> 3\. [Effective date]{.underline}. This rule was published in the
> *Federal*
>
> *Register* and became effective on May 25, 2006.
>
> 4\. [Explanation of changes]{.underline}. The General Services
> Administration is amending the Federal Management Regulation (FMR)
> language that pertains to personal property by correcting references
> to
>
> outdated or superseded provisions of law or regulation; correcting
> text to be in conformance with revised laws, regulation, or Federal
> agency responsibilities; and clarifying
>
> text where the intended meaning could be updated or made clearer. The
> FMR and any corresponding documents may be accessed at GSA's Web site
> at *http://www.gsa.gov/fmr*.
>
> 5\. [Filing instructions]{.underline}. Make the following page
> changes: [Remove FMR pages]{.underline}: [Insert FMR
> pages]{.underline}:
>
> 102-37-i and 102-37-ii 102-37-i and 102-37-ii
>
> 102-37-1 thru 102-37-18 102-37-1 thru 102-37-18
>
> 102-37-C-1 and 102-37-C-2 102-37-C-1 and 102-37-C-2
>
> Attachment
>
> 2
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> **PART 102-37---DONATION OF SURPLUS PERSONAL PROPERTY**
>
> *Sec.*
>
> **Subpart A---General Provisions Subpart C---Holding Agency**
>
> 102-37.5--- What does this part cover? 102-37.110--- What are a
> holding agency's responsibilities
>
> 102-37.10--- What is the primary governing authority for in the
> donation of surplus property?
>
> this part? 102-37.115--- May a holding agency be reimbursed for
>
> 102-37.15--- Who must comply with the provisions of this costs
> incurred incident to a donation?
>
> part? 102-37.120--- May a holding agency donate surplus
>
> 102-37.20--- How do we request a deviation from this part property
> directly to eligible non-Federal
>
> and who can approve it? recipients without going through GSA?
>
> 102-37.125--- What are some donations that do not require
>
> **Definitions** GSA's approval?
>
> 102-37.25--- What definitions apply to this part?
>
> **Subpart D---State Agency for Surplus Property**
>
> **Donation Overview (SASP)**
>
> 102-37.30--- When does property become available for 102-37.130---
> What are a SASP's responsibilities in the
>
> donation? donation of surplus property?
>
> 102-37.35--- Who handles the donation of surplus 102-37.135--- How
> does a SASP become eligible to
>
> property? distribute surplus property to donees?
>
> 102-37.40--- What type of surplus property is available for
>
> donation? **State Plan of Operation**
>
> 102-37.45--- How long is property available for donation 102-37.140---
> What is a State plan of operation?
>
> screening? 102-37.145--- Who is responsible for developing,
>
> 102-37.50--- What is the general process for requesting certifying,
> and submitting the plan?
>
> surplus property for donation? 102-37.150--- What must a State
> legislature include in the
>
> 102-37.55--- Who pays for transportation and other costs plan?
>
> associated with a donation? 102-37.155--- When does a plan take
> effect?
>
> 102-37.60--- How much time does a transferee have to 102-37.160---
> Must GSA approve amendments or
>
> pick up or remove surplus property from modifications to the plan?
>
> holding agency premises? 102-37.165--- Do plans or major amendments
> require
>
> 102-37.65--- What happens to surplus property that has public notice?
>
> been approved for transfer when the 102-37.170--- What happens if a
> SASP does not operate in
>
> prospective transferee decides it cannot use accordance with its plan?
>
> the property and declines to pick it up?
>
> 102-37.70--- How should a transferee account for the **Screening and
> Requesting Property**
>
> receipt of a larger or smaller number of items 102-37.175--- How does
> a SASP find out what property is
>
> than approved by GSA on the SF 123? potentially available for
> donation?
>
> 102-37.75--- What should be included in a shortage 102-37.180--- Does
> a SASP need special authorization to
>
> report? screen property at Federal facilities?
>
> 102-37.80--- What happens to surplus property that isn't 102-37.185---
> How does a SASP obtain screening
>
> transferred for donation? authorization for itself or its donees?
>
> 102-37.85--- Can surplus property being offered for sale 102-37.190---
> What records must a SASP maintain on
>
> be withdrawn and approved for donation? authorized screeners?
>
> 102-37.195--- Does a SASP have to have a donee in mind
>
> **Subpart B---General Services Administration** to request surplus
> property?
>
> **(GSA)** 102-37.200--- What certifications must a SASP make when
>
> 102-37.90--- What are GSA's responsibilities in the requesting surplus
> property for donation?
>
> donation of surplus property? 102-37.205--- What agreements must a
> SASP make?
>
> 102-37.95--- How will GSA resolve competing transfer 102-37.210---
> Must a SASP make a drug-free workplace
>
> requests? certification when requesting surplus
>
> 102-37.100--- What factors will GSA consider in allocating property
> for donation?
>
> surplus property among SASPs? 102-37.215--- When must a SASP make a
> certification regarding lobbying?
>
> 102-37-i
>
> FEDERAL MANAGEMENT REGULATION
>
> **Justifying Special Transfer Requests** 102-37.315--- What costs may
> a SASP recover if
>
> 102-37.220--- Are there special types of surplus property
> undistributed surplus property is
>
> that require written justification when retransferred or sold?
>
> submitting a transfer request? 102-37.320--- Under what conditions may
> a SASP abandon
>
> 102-37.225--- What information or documentation must a or destroy
> undistributed surplus property?
>
> SASP provide when requesting a surplus
>
> aircraft or vessel? **Cooperative Agreements**
>
> 102-37.230--- What must a letter of intent for obtaining 102-37.325---
> With whom and for what purpose(s) may a
>
> surplus aircraft or vessels include? SASP enter into a cooperative
> agreement?
>
> 102-37.235--- What type of information must a SASP 102-37.330--- Must
> the costs of providing support under a
>
> provide when requesting surplus property for cooperative agreement be
> reimbursed by the
>
> cannibalization? parties receiving such support?
>
> 102-37.240--- How must a transfer request for surplus 102-37.335---
> May a SASP enter into a cooperative
>
> firearms be justified? agreement with another SASP?
>
> 102-37.340--- When may a SASP terminate a cooperative
>
> **Custody, Care, and Safekeeping** agreement?
>
> 102-37.245--- What must a SASP do to safeguard surplus
>
> property in its custody? **Audits and Reviews**
>
> 102-37.250--- What actions must a SASP take when it 102-37.345--- When
> must a SASP be audited?
>
> learns of damage to or loss of surplus 102-37.350--- Does coverage
> under the single audit process
>
> property in its custody? in OMB Circular A-133 exempt a SASP
>
> 102-37.255--- Must a SASP insure surplus property against from other
> reviews of its program?
>
> loss or damage? 102-37.355--- What obligations does a SASP have to
> ensure that donees meet Circular A-133
>
> **Distribution of Property** requirements?
>
> 102-37.260--- How must a SASP document the distribution
>
> of surplus property? **Reports**
>
> 102-37.265--- May a SASP distribute surplus property to 102-37.360---
> What reports must a SASP provide to GSA?
>
> eligible donees of another State? **Liquidating a SASP**
>
> 102-37.270--- May a SASP retain surplus property for its 102-37.365---
> What steps must a SASP take if the State
>
> own use? decides to liquidate the agency?
>
> **Service and Handling Charges** 102-37.370--- Do liquidation plans
> require public notice?
>
> 102-37.275--- May a SASP accept personal checks and **Subpart
> E---Donations to Public Agencies,**
>
> non-official payment methods in payment of **Service Educational
> Activities (SEAs), and**
>
> service charges? **Eligible Nonprofit Organizations**
>
> 102-37.280--- How may a SASP use service charge funds? 102-37.375---
> How is the pronoun "you" used in this
>
> 102-37.285--- May a SASP use service charge funds to subpart?
>
> support non-SASP State activities and 102-37.380--- What is the
> statutory authority for donations
>
> programs? of surplus Federal property made under this
>
> **Disposing of Undistributed Property** subpart?
>
> 102-37.290--- What must a SASP do with surplus property **Donee
> Eligibility**
>
> it cannot donate? 102-37.385--- Who determines if a prospective donee
>
> 102-37.295--- Must GSA approve a transfer between applicant is
> eligible to receive surplus
>
> SASPs? property under this subpart?
>
> 102-37.300--- What information must a SASP provide 102-37.390--- What
> basic criteria must an applicant meet
>
> GSA when reporting unneeded usable before a SASP can qualify it for
> eligibility?
>
> property for disposal? 102-37.395--- How can a SASP determine whether
> an
>
> 102-37.305--- May a SASP act as GSA's agent in selling applicant meets
> any required approval,
>
> undistributed surplus property (either as accreditation, or licensing
> requirements?
>
> usable property or scrap)? 102-37.400--- What type of eligibility
> information must a
>
> 102-37.310--- What must a proposal to sell undistributed SASP maintain
> on donees?
>
> surplus property include?
>
> 102-37-ii (Amendment 2006--02)
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> PART 102-37---DONATION OF SURPLUS PERSONAL PROPERTY **§102-37.30**
>
> **PART 102-37---DONATION OF SURPLUS PERSONAL PROPERTY**
>
> **Subpart A---General Provisions** (3) An eligible nonprofit
> tax-exempt educational or public health institution (including a
> provider of assistance to home-
>
> **§102-37.5---What does this part cover?** less or impoverished
> families or individuals).
>
> This part covers the donation of surplus Federal personal (4) A State
> or local government agency, or a nonprofit
>
> property located within a State, including foreign excess per-
> organization or institution, that receives funds appropriated
>
> sonal property returned to a State for handling as surplus for a
> program for older individuals.
>
> property. For purposes of this part, the term State includes any
> "Holding agency" means the executive agency having
>
> of the 50 States, as well as the District of Columbia, the U.S.
> accountability for, and generally possession of, the property
>
> Virgin Islands, Guam, American Samoa, the Commonwealth involved.
>
> of Puerto Rico, and the Commonwealth of the Northern Mar- "Period of
> restriction" means the period of time for keep-
>
> iana Islands. ing donated property in use for the purpose for which it
> was donated.
>
> **§102-37.10---What is the primary governing authority for**
> "Screening" means the process of physically inspecting
>
> **this part?** property or reviewing lists or reports of property to
> determine
>
> Section 549 of title 40, United States Code, gives the Gen- whether
> property is usable or needed for donation purposes.
>
> eral Services Administration (GSA) discretionary authority to "Service
> educational activity (SEA)" means any educa-
>
> prescribe the necessary regulations for, and to execute the sur-
> tional activity designated by the Secretary of Defense as being
>
> plus personal property donation program. of special interest to the
> armed forces; e.g., maritime acade- mies or military, naval, Air
> Force, or Coast Guard preparatory
>
> **§102-37.15---Who must comply with the provisions of this** schools.
>
> **part?** "Standard Form (SF) 123, Transfer Order Surplus Per-
>
> You must comply with this part if you are a holding agency sonal
> Property" means the document used to request and doc-
>
> or a recipient of Federal surplus personal property approved ument the
> transfer of Federal surplus personal property for
>
> by GSA for donation (e.g., a State agency for surplus property
> donation purposes.
>
> (SASP) or a public airport). "State" means one of the 50 States, the
> District of Colum- bia, the U.S. Virgin Islands, Guam, American Samoa,
> the Commonwealth of Puerto Rico, and the Commonwealth of
>
> **§102-37.20---How do we request a deviation from this part** the
> Northern Mariana Islands.
>
> **and who can approve it?** "State agency for surplus property (SASP)"
> means the
>
> See [§§102-2.60]{.underline} through [102-2.110]{.underline} of this
> chapter to agency designated under State law to receive Federal
> surplus
>
> request a deviation from the requirements of this part. personal
> property for distribution to eligible donees within the
>
> State as provided for in 40 U.S.C. 549.
>
> **Definitions** "Surplus personal property (surplus property)" means
> excess personal property (as defined in [§102-36.40]{.underline} of
> this
>
> **§102-37.25---What definitions apply to this part?** chapter) not
> required for the needs of any Federal agency, as
>
> The following definitions apply to this part: determined by GSA.
>
> "Cannibalization" means to remove serviceable parts from "Surplus
> release date" means the date on which Federal
>
> one item of equipment in order to install them on another item
> utilization screening of excess personal property has been
>
> of equipment. completed, and the property is available for donation.
>
> "Donee" means any of the following entities that receive "Transferee"
> means a public airport receiving surplus property from a holding
> agency through the Federal Aviation
>
> Federal surplus personal property through a SASP: Administration, or a
> SASP.
>
> \(1\) A service educational activity (SEA).
>
> \(2\) A public agency (as defined in [Appendix C]{.underline} of this
> part) **Donation Overview**
>
> which uses surplus personal property to carry out or promote
>
> one or more public purposes. (Public airports are an exception
> **§102-37.30---When does property become available for**
>
> and are only considered donees when they elect to receive sur-
> **donation?**
>
> plus property through a SASP, but not when they elect to Excess
> personal property becomes available for donation
>
> receive surplus property through the Federal Aviation Admin- the day
> following the surplus release date. This is the point at
>
> istration as discussed in [subpart F]{.underline} of this part.) which
> the screening period has been completed without trans-
>
> 102-37-1
>
> **§102-37.35** FEDERAL MANAGEMENT REGULATION
>
> fer to a Federal agency or other eligible recipient, and the
> **§102-37.50---What is the general process for requesting**
>
> GSA has determined the property to be surplus. **surplus property for
> donation?**
>
> The process for requesting surplus property for donation
>
> **§102-37.35---Who handles the donation of surplus** varies, depending
> on who is making the request.
>
> **property?** (a) Donees should submit their requests for property
>
> \(a\) The SASPs handle the donation of most surplus prop- directly to
> the appropriate SASP.
>
> erty to eligible donees in their States in accordance with this (b)
> SASPs and public airports should submit their requests
>
> part. to the appropriate GSA regional office. Requests must be sub-
>
> \(b\) The GSA handles the donation of surplus property to mitted on a
> Standard Form (SF) 123, Transfer Order Surplus
>
> public airports under a program administered by the Federal Personal
> Property, or its electronic equivalent. Public airports
>
> Aviation Administration (FAA) (see [subpart F]{.underline} of this
> part). must have FAA certify their transfer requests prior to submis-
>
> The GSA may also donate to the American National Red sion to GSA for
> approval. GSA may ask SASPs or public air-
>
> Cross surplus property that was originally derived from or ports to
> submit any additional information required to support
>
> through the Red Cross (see [subpart G]{.underline} of this part). and
> justify transfer of the property.
>
> \(c\) Holding agencies may donate surplus property that (c) The
> American National Red Cross should submit
>
> they would otherwise abandon or destroy directly to public requests to
> GSA as described in [subpart G]{.underline} of this part.
>
> bodies in accordance with [subpart H]{.underline} of this part. (d)
> Public bodies, when seeking to acquire property that is being
> abandoned or destroyed, should follow rules and proce-
>
> **§102-37.40---What type of surplus property is available** dures
> established by the donor agency (see [subpart H]{.underline} of this
>
> **for donation?** part).
>
> All surplus property (including property held by working
>
> capital funds established under 10 U.S.C. 2208 or in similar
> **§102-37.55---Who pays for transportation and other costs**
>
> funds) is available for donation to eligible recipients, except
> **associated with a donation?**
>
> for property in the following categories: The receiving organization
> (the transferee) is responsible
>
> \(a\) Agricultural commodities, food, and cotton or woolen for any
> packing, shipping, or transportation charges associ-
>
> goods determined from time to time by the Secretary of Agri- ated with
> the transfer of surplus property for donation. Those
>
> culture to be commodities requiring special handling with costs, in
> the case of SASPs, may be passed on to donees that
>
> respect to price support or stabilization. receive the property.
>
> \(b\) Property acquired with trust funds (e.g., Social Secu-
>
> rity Trust Funds). **§102-37.60---How much time does a transferee have
> to**
>
> \(c\) Non-appropriated fund property. **pick up or remove surplus
> property from holding**
>
> \(d\) Naval vessels of the following categories: Battleships, **agency
> premises?**
>
> cruisers, aircraft carriers, destroyers, and submarines. The
> transferee (or the transferee's agent) must remove
>
> \(e\) Vessels of 1500 gross tons or more which the Maritime property
> from the holding agency premises within
>
> Administration determines to be merchant vessels or capable 15
> calendar days after being notified that the property is avail-
>
> of conversion to merchant use. able for pickup, unless otherwise
> coordinated with the hold-
>
> \(f\) Records of the Federal Government. ing agency. If the transferee
> decides prior to pickup or
>
> \(g\) Property that requires reimbursement upon transfer removal that
> it no longer needs the property, it must notify the
>
> (such as abandoned or other unclaimed property that is found GSA
> regional office that approved the transfer request.
>
> on premises owned or leased by the Government).
>
> \(h\) Controlled substances. **§102-37.65---What happens to surplus
> property that has**
>
> \(i\) Items as may be specified from time to time by the GSA **been
> approved for transfer when the prospective**
>
> Office of Governmentwide Policy. **transferee decides it cannot use
> the property and declines to pick it up?**
>
> **§102-37.45---How long is property available for donation** When a
> prospective transferee decides it cannot use sur-
>
> **screening?** plus property that has already been approved for
> transfer and
>
> Entities authorized to participate in the donation program declines to
> pick it up, the GSA regional office will advise any
>
> may screen property, concurrently with Federal agencies, as
>
> soon as the property is reported as excess up until the surplus other
> SASP or public airport known to be interested in the
>
> release date. The screening period is normally 21 calendar property to
> submit a transfer request. If there is no transfer
>
> days, except as noted in [§102-36.95]{.underline} of this chapter.
> interest, GSA will release the property for other disposal.
>
> 102-37-2 (Amendment 2006--02)
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> PART 102-37---DONATION OF SURPLUS PERSONAL PROPERTY **§102-37.100**
>
> **§102-37.70---How should a transferee account for the** only grant
> such requests prior to sales award, since an award
>
> **receipt of a larger or smaller number of items than** is binding.
>
> **approved by GSA on the SF 123?**
>
> When the quantity of property received doesn't agree with **Subpart
> B---General Services**
>
> that approved by GSA on the SF 123, the transferee should
> **Administration (GSA)**
>
> handle the overage or shortage as follows:
>
> **If... And... Then... §102-37.90---What are GSA's responsibilities in
> the**
>
> \(a\) More property is The known or Submit a SF 123 for **donation of
> surplus property?**
>
> received than was estimated acquisition the difference to GSA The
> General Services Administration (GSA) is responsible
>
> approved by GSA cost of the line (Identify the property for
> supervising and directing the disposal of surplus personal
>
> for transfer item(s) involved is as an overage and property. In
> addition to issuing regulatory guidance for the
>
> \$500 or more include the original donation of such property, GSA:
>
> transfer order
>
> number.)1 (a) Determines when property is surplus to the needs of the
>
> \(b\) Less property is The acquisition cost Submit a shortage
> Government;
>
> received than was of the missing item(s) report to GSA, with a (b)
> Allocates and transfers surplus property on a fair and
>
> approved by GSA is \$500 or more copy to the holding equitable basis
> to State agencies for surplus property (SASPs)
>
> for transfer agency1 for further distribution to eligible donees;
>
> \(c\) The known or Annotate on your (c) Oversees the care and handling
> of surplus property
>
> estimated receiving and while it is in the custody of a SASP;
>
> acquisition cost of inventory records, a (d) Approves all transfers of
> surplus property to public air-
>
> the property is description of the
>
> less than \$500 property, its known ports, pursuant to the appropriate
> determinations made by the
>
> or estimated Federal Aviation Administration (see [subpart
> F]{.underline} of this part);
>
> acquisition cost, and (e) Donates to the American National Red Cross
> property
>
> the name of the (generally blood plasma and related medical materials)
> orig-
>
> holding agency. inally provided by the Red Cross to a Federal agency,
> but that
>
> 1 Submit the SF 123 or shortage report to the GSA approving has
> subsequently been determined surplus to Federal needs
>
> office within 30 calendar days of the date of transfer. (see [subpart
> G]{.underline} of this part);
>
> \(f\) Approves, after consultation with the holding agency,
>
> **§102-37.75---What should be included in a shortage** foreign excess
> personal property to be returned to the United
>
> **report?** States for donation purposes;
>
> The shortage report should include: (g) Coordinates and controls the
> level of SASP and donee
>
> \(a\) The name and address of the holding agency; screening at Federal
> installations;
>
> \(b\) All pertinent GSA and holding agency control num- (h) Imposes
> appropriate conditions on the donation of sur-
>
> bers, in addition to the original transfer order number; and plus
> property having characteristics that require special han-
>
> \(c\) A description of each line item of property, the condi- dling or
> use limitations (see [§102-37.455]{.underline}); and
>
> tion code, the quantity and unit of issue, and the unit and total (i)
> Keeps track of and reports on Federal donation pro-
>
> acquisition cost. grams (see §102.37.105).
>
> **§102-37.80---What happens to surplus property that isn't
> §102-37.95---How will GSA resolve competing transfer**
>
> **transferred for donation? requests?**
>
> Surplus property not transferred for donation is generally In case of
> requests from two or more SASPs, GSA will use
>
> offered for sale under the provisions of [part 102-38]{.underline} of
> this the allocating criteria in [§102-37.100]{.underline}. When
> competing
>
> chapter. Under the appropriate circumstances (see requests are
> received from public airports and SASPs, GSA
>
> [§102-36.305]{.underline} of this chapter), such property might be
> aban- will transfer property fairly and equitably, based on such fac-
>
> doned or destroyed. tors as need, proposed use, and interest of the
> holding agency in having the property donated to a specific public
> airport.
>
> **§102-37.85---Can surplus property being offered for sale**
>
> **be withdrawn and approved for donation? §102-37.100---What factors
> will GSA consider in**
>
> Yes, surplus property being offered for sale may be with- **allocating
> surplus property among SASPs?**
>
> drawn for donation if approved by GSA. GSA will not GSA allocates
> property among the SASPs on a fair and
>
> approve requests for the withdrawal of property that has been
> equitable basis using the following factors:
>
> advertised or listed on a sales offering if that withdrawal (a)
> Extraordinary needs caused by disasters or emergency
>
> would be harmful to the overall outcome of the sale. GSA will
> situations.
>
> 102-37-3
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> **§102-37.110** FEDERAL MANAGEMENT REGULATION
>
> \(b\) Requests from the Department of Defense (DOD) for
> **§102-37.115---May a holding agency be reimbursed for**
>
> DOD-generated property to be allocated through a SASP for **costs
> incurred incident to a donation?**
>
> donation to a specific service educational activity. Yes, you, as a
> holding agency, may charge the transferee
>
> \(c\) Need and usability of property, as reflected by requests for the
> direct costs you incurred incident to a donation trans-
>
> from SASPs. GSA will also give special consideration to fer, such as
> your packing, handling, crating, and transporta-
>
> requests transmitted through the SASPs by eligible donees for tion
> expenses. However, you may not include overhead or
>
> specific items of property. (Requests for property to be used
> administrative costs in these charges.
>
> as is will be given preference over cannibalization requests.)
>
> \(d\) States in greatest need of the type of property to be allo-
> **§102-37.120---May a holding agency donate surplus**
>
> cated where the need is evidenced by a letter of justification
> **property directly to eligible non-Federal recipients**
>
> from the intended donee. **without going through GSA?**
>
> \(e\) Whether a SASP has already received similar property Generally,
> a holding agency may not donate surplus prop-
>
> in the past, and how much. erty directly to eligible non-Federal
> recipients without going
>
> \(f\) Past performance of a SASP in effecting timely pickup through
> GSA, except for the situations listed in [§102-37.125]{.underline}.
>
> or removal of property approved for transfer and making
>
> prompt distribution of property to eligible donees.
> **§102-37.125---What are some donations that do not**
>
> \(g\) The property's condition and its original acquisition **require
> GSA's approval?**
>
> cost. (a) Some donations of surplus property that do not require
>
> \(h\) Relative neediness of each State based on the State's GSA's
> approval are:
>
> population and per capita income. (1) Donations of condemned,
> obsolete, or other speci- fied material by a military department or
> the Coast Guard to recipients eligible under 10 U.S.C. 2572, 10 U.S.C.
> 7306,
>
> **Subpart C---Holding Agency** 10 U.S.C. 7541, 10 U.S.C. 7545, and 14
> U.S.C. 641a (see
>
> [Appendix A]{.underline} of this part for details). However, such
> property
>
> **§102-37.110---What are a holding agency's** must first undergo
> excess Federal and surplus donation
>
> **responsibilities in the donation of surplus property?** screening as
> required in this part and [part 102-36]{.underline} of this chap-
>
> Your donation responsibilities as a holding agency begin ter;
>
> when you determine that property is to be declared excess. (2)
> Donations by holding agencies to public bodies
>
> You must then: under [subpart H]{.underline} of this part;
>
> \(a\) Let GSA know if you have a donee in mind for foreign (3)
> Donations by the Small Business Administration to
>
> gift items or airport property, as provided for in
> [§§102-37.525]{.underline} small disadvantaged businesses under 13 CFR
> part 124; and
>
> and [102-42.95(h)]{.underline} of this chapter; (4) Donations by
> holding agencies of law enforcement
>
> \(b\) Cooperate with all entities authorized to participate in canines
> to their handlers under 40 U.S.C. 555.
>
> the donation program and their authorized representatives in (b) You
> may also donate property directly to eligible
>
> locating, screening, and inspecting excess or surplus property
> non-Federal recipients under other circumstances if you have
>
> for possible donation; statutory authority to do so. All such
> donations must be
>
> \(c\) Set aside or hold surplus property from further disposal
> included on your annual report to GSA under [§102-36.300]{.underline}
> of
>
> upon notification of a pending transfer for donation; (If GSA this
> chapter.
>
> does not notify you of a pending transfer within 5 calendar
>
> days following the surplus release date, you may proceed with
> **Subpart D---State Agency for Surplus**
>
> the sale or other authorized disposal of the property.) **Property
> (SASP)**
>
> \(d\) Upon receipt of a GSA-approved transfer document,
>
> promptly ship or release property to the transferee (or the
> **§102-37.130---What are a SASP's responsibilities in the**
>
> transferee's designated agent) in accordance with pickup or **donation
> of surplus property?**
>
> shipping instructions on the transfer document; As a SASP, your
> responsibilities in the donation of surplus
>
> \(e\) Notify the approving GSA regional office if surplus property are
> to:
>
> property to be picked up is not removed within 15 calendar (a)
> Determine whether or not an entity seeking to obtain
>
> days after you notify the transferee (or its agent) of its avail-
> surplus property is eligible for donation as a:
>
> ability. (GSA will advise you of further disposal instruc- (1) Public
> agency;
>
> tions.); and (2) Nonprofit educational or public health institution;
>
> \(f\) Perform and bear the cost of care and handling of sur- or
>
> plus property pending its disposal, except as provided in (3) Program
> for older individuals.
>
> [§102-37.115]{.underline}.
>
> 102-37-4
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> PART 102-37---DONATION OF SURPLUS PERSONAL PROPERTY **§102-37.185**
>
> \(b\) Distribute surplus property fairly, equitably, and
> **§102-37.165---Do plans or major amendments require**
>
> promptly to eligible donees in your State based on their rela-
> **public notice?**
>
> tive needs and resources, and ability to use the property, and Yes,
> proposed plans and major amendments to existing
>
> as provided in your State plan of operation. plans require general
> notice to the public for comment. A
>
> \(c\) Enforce compliance with the terms and conditions State must
> publish a general notice of the plan or amendment
>
> imposed on donated property. at least 60 calendar days in advance of
> filing the proposal with
>
> GSA and provide interested parties at least 30 calendar days
>
> **§102-37.135---How does a SASP become eligible to** to submit
> comments before filing the proposal.
>
> **distribute surplus property to donees?**
>
> In order to receive transfers of surplus property, a SASP
> **§102-37.170---What happens if a SASP does not operate**
>
> must: **in accordance with its plan?**
>
> \(a\) Have a GSA-approved State plan of operation; and If a SASP does
> not operate in accordance with its plan,
>
> \(b\) Provide the certifications and agreements as set forth in GSA
> may withhold allocation and transfer of surplus property
>
> [§§102-37.200]{.underline} and [102-37.205]{.underline}. until the
> nonconformance is corrected.
>
> **State Plan of Operation Screening and Requesting Property**
>
> **§102-37.140---What is a State plan of operation? §102-37.175---How
> does a SASP find out what property is**
>
> A State plan of operation is a document developed under **potentially
> available for donation?**
>
> State law and approved by GSA in which the State sets forth A SASP may
> conduct onsite screening at various Federal
>
> a plan for the management and administration of the SASP in
> facilities, contact or submit want lists to GSA, or use GSA's
>
> the donation of property. or other agencies' computerized inventory
> system to electron- ically search for property that is potentially
> available for
>
> **§102-37.145---Who is responsible for developing,** donation (see
> [§102-36.90]{.underline} for information on GSA's system,
>
> **certifying, and submitting the plan?** FEDS).
>
> The State legislature must develop the plan. The chief
>
> executive officer of the State must submit the plan to the
> **§102-37.180---Does a SASP need special authorization to**
>
> Administrator of General Services for acceptance and certify **screen
> property at Federal facilities?**
>
> that the SASP is authorized to: Yes, SASP personnel or donee personnel
> representing a
>
> \(a\) Acquire and distribute property to eligible donees in the SASP
> must have a valid screener-identification card (GSA
>
> State; Optional Form 92, Screener's Identification, or other suitable
>
> \(b\) Enter into cooperative agreements; and identification approved
> by GSA) before screening and select-
>
> \(c\) Undertake other actions and provide other assurances ing
> property at holding agencies. However, SASP or donee
>
> as are required by 40 U.S.C. 549(e) and set forth in the plan.
> personnel do not need a screener-ID card to inspect or remove property
> previously set aside or approved by GSA for trans-
>
> **§102-37.150---What must a State legislature include in the** fer.
>
> **plan?**
>
> The State legislature must ensure the plan conforms to the
> **§102-37.185---How does a SASP obtain screening**
>
> provisions of 40 U.S.C. 549(e) and includes the information
> **authorization for itself or its donees?**
>
> and assurances set forth in [Appendix B]{.underline} of this part. It
> may (a) To obtain screening authorization for itself or donees,
>
> also include in the plan other provisions not inconsistent with a SASP
> must submit an Optional Form 92 (with the signature
>
> the purposes of title 40 of the United States Code and the and an
> affixed passport-style photograph of the screener
>
> requirements of this part. applicant) and a written request to the GSA
> regional office serving the area in which the intended screener is
> located. The
>
> **§102-37.155---When does a plan take effect?** request must:
>
> The plan takes effect on the date GSA notifies the chief (1) State the
> prospective screener's name and the name
>
> executive officer of the State that the plan is approved. and address
> of the organization he or she represents;
>
> \(2\) Specify the period of time and location(s) in which
>
> **§102-37.160---Must GSA approve amendments or** screening will be
> conducted; and
>
> **modifications to the plan?** (3) Certify that the applicant is
> qualified to screen prop-
>
> Yes, GSA must approve amendments or modifications to erty.
>
> the plan.
>
> 102-37-5
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> **§102-37.190** FEDERAL MANAGEMENT REGULATION
>
> \(b\) If the request is approved, GSA will complete the
> **§102-37.205---What agreements must a SASP make?**
>
> Optional Form 92 and return it to the SASP for issuance to the With
> respect to surplus property picked up by or shipped
>
> screener. to your SASP, you must agree to the following:
>
> \(a\) You will make prompt statewide distribution of such
>
> **§102-37.190---What records must a SASP maintain on** property, on a
> fair and equitable basis, to donees eligible to
>
> **authorized screeners?** acquire property under 40 U.S.C. 549 and GSA
> regulations.
>
> You must maintain a current record of all individuals You will
> distribute property only after such eligible donees
>
> authorized to screen for your SASP, including their names, have
> properly executed the appropriate certifications and
>
> addresses, telephone numbers, qualifications to screen, and agreements
> established by your SASP and/or GSA.
>
> any additional identifying information such as driver's (b) Title to
> the property remains in the United States Gov-
>
> license or social security numbers. In the case of donee ernment
> although you have taken possession of it. Condi-
>
> screeners, you should place such records in the donee's eligi- tional
> title to the property will pass to the eligible donee when
>
> bility file and review for currency each time a periodic review the
> donee executes the required certifications and agreements
>
> of the donee's file is undertaken. and takes possession of the
> property.
>
> \(c\) You will:
>
> **§102-37.195---Does a SASP have to have a donee in mind** (1)
> Promptly pay the cost of care, handling, and ship-
>
> **to request surplus property?** ping incident to taking possession of
> the property.
>
> Generally yes, you should have a firm requirement or an (2) During the
> time that title remains in the United
>
> anticipated demand for any property that you request. States
> Government, be responsible as a bailee for the property from the time
> it is released to you or to the transportation
>
> **§102-37.200---What certifications must a SASP make** agent you have
> designated.
>
> **when requesting surplus property for donation?** (3) In the event of
> any loss of or damage to any or all of
>
> When requesting or applying for property, you must certify the
> property during transportation or storage at a place other
>
> that: than a place under your control, take the necessary action to
>
> \(a\) You are the agency of the State designated under State obtain
> restitution (fair market value) for the Government. In
>
> law that has legal authority under 40 U.S.C. 549 and GSA the event of
> loss or damage due to negligence or willful mis-
>
> regulations, to receive property for distribution within the conduct
> on your part, repair, replace, or pay to the GSA the
>
> State to eligible donees as defined in this part. fair market value of
> any such property, or take such other
>
> \(b\) No person with supervisory or managerial duties in action as the
> GSA may direct.
>
> your State's donation program is debarred, suspended, ineli- (d) You
> may retain property to perform your donation pro-
>
> gible, or voluntarily excluded from participating in the dona- gram
> functions, but only when authorized by GSA in accor-
>
> tion program. dance with the provisions of a cooperative agreement
> entered
>
> \(c\) The property is usable and needed within the State by: into with
> GSA.
>
> \(1\) A public agency for one or more public purposes. (e) When acting
> under an interstate cooperative distribu-
>
> \(2\) An eligible nonprofit organization or institution tion agreement
> (see [§102-37.335]{.underline}) as an agent and authorized
>
> which is exempt from taxation under section 501 of the Inter-
> representative of an adjacent State, you will:
>
> nal Revenue Code (26 U.S.C. 501), for the purpose of educa- (1) Make
> the certifications and agreements required in
>
> tion or public health (including research for any such
> [§102-37.200]{.underline} and this section on behalf of the adjacent
> SASP.
>
> purpose). (2) Require the donee to execute the distribution docu-
>
> \(3\) An eligible nonprofit activity for programs for older ments of
> the State in which the donee is located.
>
> individuals. (3) Forward copies of the distribution documents to the
>
> \(4\) A service educational activity (SEA), for DOD-gen- corresponding
> SASP.
>
> erated property only. (f) You will not discriminate on the basis of
> race, color,
>
> \(d\) When property is picked up by, or shipped to, your national
> origin, sex, age, or handicap in the distribution of
>
> SASP, you have adequate and available funds, facilities, and property,
> and will comply with GSA regulations on nondis-
>
> personnel to provide accountability, warehousing, proper crimination
> as set forth in parts 101-4, subparts 101-6.2, and
>
> maintenance, and distribution of the property. 101-8.3 of this title.
>
> \(e\) When property is distributed by your SASP to a donee, (g) You
> will not seek to hold the United States Government
>
> or when delivery is made directly from a holding agency to a
>
> donee pursuant to a State distribution document, you have liable for
> consequential or incidental damages or the personal
>
> determined that the donee acquiring the property is eligible injuries,
> disabilities, or death to any person arising from the
>
> within the meaning of the Property Act and GSA regulations, transfer,
> donation, use, processing, or final disposition of this
>
> and that the property is usable and needed by the donee. property. The
> Government's liability in any event is limited in
>
> 102-37-6
>
> PART 102-37---DONATION OF SURPLUS PERSONAL PROPERTY **§102-37.235**
>
> scope to that provided for by the Federal Tort Claims Act (2) A
> letter, signed and dated by you, confirming and
>
> (28 U.S.C. 2671, et seq.). certifying the applicant's eligibility and
> containing an evalu- ation of the applicant's ability to use the
> aircraft or vessel for
>
> **§102-37.210---Must a SASP make a drug-free workplace** the purpose
> stated in its letter of intent and any other supple-
>
> **certification when requesting surplus property for** mental
> information concerning the needs of the donee which
>
> **donation?** supports making the allocation.
>
> No, you must certify that you will provide a drug-free (b) For each SF
> 123 that GSA approves, you must include:
>
> workplace only as a condition for retaining surplus property (1) Your
> distribution document, signed and dated by the
>
> for SASP use. Drug-free workplace certification require- authorized
> donee representative; and
>
> ments are found at part 105-68, subpart 105-68.6, of this title. (2) A
> conditional transfer document, signed by you and the intended donee,
> and containing the special terms and con-
>
> **§102-37.215---When must a SASP make a certification** ditions
> prescribed by GSA.
>
> **regarding lobbying?**
>
> You are subject to the anti-lobbying certification and dis-
> **§102-37.230---What must a letter of intent for obtaining**
>
> closure requirements in part 105-69 of this title when all of
> **surplus aircraft or vessels include?**
>
> the following conditions apply: A letter of intent for obtaining
> surplus aircraft or vessels
>
> \(a\) You have entered into a cooperative agreement with must provide:
>
> GSA that provides for your SASP to retain surplus property (a) A
> description of the aircraft or vessel requested. If the
>
> for use in performing donation functions or any other cooper- item is
> an aircraft, the description must include the manufac-
>
> ative agreement. turer, date of manufacture, model, and serial number.
> If the
>
> \(b\) The cooperative agreement was executed after item is a vessel,
> it must include the type, name, class, size, dis-
>
> December 23, 1989. placement, length, beam, draft, lift capacity, and
> the hull or
>
> \(c\) The fair market value of the property requested under registry
> number, if known;
>
> the cooperative agreement is more than \$100,000. (b) A detailed
> description of the donee's program and the number and types of
> aircraft or vessels it currently owns;
>
> **Justifying Special Transfer Requests** (c) A detailed description of
> how the aircraft or vessel will be used, its purpose, how often and
> for how long. If an aircraft is requested for flight purposes, the
> donee must specify a
>
> **§102-37.220---Are there special types of surplus property** source
> of pilot(s) and where the aircraft will be housed. If an
>
> **that require written justification when submitting a** aircraft is
> requested for cannibalization, the donee must pro-
>
> **transfer request?** vide details of the cannibalization process
> (time to complete
>
> Yes, a SASP must obtain written justification from the the
> cannibalization process, how recovered parts are to be
>
> intended donee, and submit it to GSA along with the transfer used,
> method of accounting for usable parts, disposition of
>
> request, prior to allocation of: unsalvageable parts, etc.) If a
> vessel is requested for waterway
>
> \(a\) Aircraft and vessels covered by [§102-37.455]{.underline};
> purposes, the donee must specify a source of pilot(s) and
>
> \(b\) Items requested specifically for cannibalization; where the
> vessel will be docked. If a vessel is requested for
>
> \(c\) Foreign gifts and decorations (see [part 102-42]{.underline} of
> this permanent docking on water or land, the donee must provide
>
> chapter); details of the process, including the time to complete the
> pro-
>
> \(d\) Items containing 50 parts per million or greater of cess; and
>
> polychlorinated biphenyl (see part 101-42 of this title); (d) Any
> supplemental information (such as geographical
>
> \(e\) Firearms as described in part 101-42 of this title; and area and
> population served, number of students enrolled in
>
> \(f\) Any item on which written justification will assist GSA
> educational programs, etc.) supporting the donee's need for
>
> in making allocation to States with the greatest need. the aircraft or
> vessel.
>
> **§102-37.225---What information or documentation must
> §102-37.235---What type of information must a SASP**
>
> **a SASP provide when requesting a surplus aircraft or provide when
> requesting surplus property for**
>
> **vessel? cannibalization?**
>
> \(a\) For each SF 123 that you submit to GSA for transfer of When a
> donee wants surplus property to cannibalize,
>
> a surplus aircraft or vessel covered by [§102-37.455]{.underline}
> include: include the following statement on the SF 123: "Line Item
>
> \(1\) A letter of intent, signed and dated by the authorized Number(s)
> requested for cannibalization." In
>
> representative of the proposed donee setting forth a detailed addition
> to including this statement, provide a detailed justi-
>
> plan of utilization for the property (see [§102-37.230]{.underline}
> for infor- fication concerning the need for the components or accesso-
> ries and an explanation of the effect removal will have on the
>
> mation a donee has to include in the letter of intent); and item. GSA
> will approve requests for cannibalization only
>
> (Amendment 2006--02) 102-37-7
>
> **§102-37.240** FEDERAL MANAGEMENT REGULATION
>
> when it is clear from the justification that disassembly of the donees
> to indicate the primary purposes for which they are
>
> item for use of its component parts will provide greater poten-
> acquiring property, and include the:
>
> tial benefit than use of the item in its existing form. (a)
> Certifications and agreements in [§§102-37.200]{.underline} and
>
> [102-37.205]{.underline}; and
>
> **§102-37.240---How must a transfer request for surplus** (b) Period
> of restriction during which the donee must use
>
> **firearms be justified?** the property for the purpose for which it
> was acquired.
>
> To justify a transfer request for surplus firearms, the
>
> requesting SASP must obtain and submit to GSA a letter of
> **§102-37.265---May a SASP distribute surplus property to**
>
> intent from the intended donee that provides: **eligible donees of
> another State?**
>
> \(a\) Identification of the donee applicant, including its legal Yes,
> you may distribute surplus property to eligible donees
>
> name and complete address and the name, title, and telephone of
> another State, if you and the other SASP determine that
>
> number of its authorized representative; such an arrangement will be
> of mutual benefit to you and the
>
> \(b\) The number of compensated officers with the power to donees
> concerned. Where such determinations are made, an
>
> apprehend and to arrest; interstate distribution cooperative agreement
> must be pre-
>
> \(c\) A description of the firearm(s) requested; pared as prescribed
> in [§102-37.335]{.underline} and submitted to the
>
> \(d\) Details on the planned use of the firearm(s); and appropriate
> GSA regional office for approval. When acting
>
> \(e\) The number and types of donated firearms received under an
> interstate distribution cooperative agreement, you
>
> during the previous 12 months through any other Federal pro- must:
>
> gram. (a) Require the donee recipient to execute the distribution
> documents of its home SASP; and
>
> **Custody, Care, and Safekeeping** (b) Forward copies of executed
> distribution documents to the donee's home SASP.
>
> **§102-37.245---What must a SASP do to safeguard surplus**
>
> **property in its custody? §102-37.270---May a SASP retain surplus
> property for its**
>
> To safeguard surplus property in your custody, you must **own use?**
>
> provide adequate protection of property in your custody, Yes, you can
> retain surplus property for use in operating
>
> including protection against the hazards of fire, theft, vandal- the
> donation program, but only if you have a cooperative
>
> ism, and weather. agreement with GSA that allows you to do so. You
> must
>
> **§102-37.250---What actions must a SASP take when it** obtain prior
> GSA approval before using any surplus property
>
> **learns of damage to or loss of surplus property in its** in the
> operation of the SASP. Make your needs known by sub-
>
> **custody?** mitting a listing of needed property to the appropriate
> GSA
>
> If you learn that surplus property in your custody has been regional
> office for approval. GSA will review the list to
>
> damaged or lost, you must always notify GSA and notify the ensure that
> it is of the type and quantity of property that is rea-
>
> appropriate law enforcement officials if a crime has been sonably
> needed and useful in performing SASP operations.
>
> committed. GSA will notify you within 30 calendar days whether you may
> retain the property for use in your operations. Title to any
>
> **§102-37.255---Must a SASP insure surplus property** surplus property
> GSA approves for your retention will vest in
>
> **against loss or damage?** your SASP. You must maintain separate
> records for such
>
> No, you are not required to carry insurance on Federal sur- property.
>
> plus property in your custody. However, if you elect to carry
>
> insurance and the insured property is lost or damaged, you **Service
> and Handling Charges**
>
> must submit a check made payable to GSA for any insurance proceeds
> received in excess of your actual costs of acquiring
>
> and rehabilitating the property prior to its loss, damage, or
> **§102-37.275---May a SASP accept personal checks and**
>
> destruction. **non-official payment methods in payment of service
> charges?**
>
> **Distribution of Property** No, service charge payments must readily
> identify the donee institution as the payer (or the name of the parent
> orga-
>
> **§102-37.260---How must a SASP document the** nization when that
> organization pays the operational expenses
>
> **distribution of surplus property?** of the donee). Personal checks,
> personal cashier checks, per-
>
> All SASPs must document the distribution of Federal sur- sonal money
> orders, and personal credit cards are not accept-
>
> plus property on forms that are prenumbered, provide for able.
>
> 102-37-8 (Amendment 2006--02)
>
> PART 102-37---DONATION OF SURPLUS PERSONAL PROPERTY **§102-37.315**
>
> **§102-37.280---How may a SASP use service charge funds?** (a) Best
> possible description of each line item of property,
>
> Funds accumulated from service charges may be depos- its current
> condition code, quantity, unit and total acquisition
>
> ited, invested, or used in accordance with State law to: cost, State
> serial number, demilitarization code, and any spe-
>
> \(a\) Cover direct and reasonable indirect costs of operating cial
> handling conditions;
>
> the SASP; (b) Date you received each line item of property listed; and
>
> \(b\) Purchase necessary equipment for the SASP; (c) Certification of
> reimbursement requested under
>
> \(c\) Maintain a reasonable working capital reserve;
> [§102-37.315]{.underline}.
>
> \(d\) Rehabilitate surplus property, including the purchase
>
> of replacement parts; **§102-37.305---May a SASP act as GSA's agent in
> selling**
>
> \(e\) Acquire or improve office or distribution center facili-
> **undistributed surplus property (either as usable**
>
> ties; or **property or scrap)?**
>
> \(f\) Pay for the costs of internal and external audits. Yes, you may
> act as GSA's agent in selling undistributed surplus property (either
> as usable property or scrap) if an
>
> **§102-37.285---May a SASP use service charge funds to** established
> cooperative agreement with GSA permits such an
>
> **support non-SASP State activities and programs?** action. You must
> notify GSA each time you propose to con-
>
> No, except as provided in [§102-37.495]{.underline}, you must use duct
> a sale under the cooperative agreement. You may request
>
> funds collected from service charges, or from other sources approval
> to conduct a sale when reporting the property to
>
> such as proceeds from sale of undistributed property or funds GSA for
> disposal instructions. If no formal agreement exists,
>
> collected from compliance cases, solely for the operation of you may
> submit such an agreement at that time for approval.
>
> the SASP and the benefit of participating donees.
>
> **§102-37.310---What must a proposal to sell undistributed**
>
> **Disposing of Undistributed Property surplus property include?**
>
> \(a\) Your request to sell undistributed surplus property must
>
> **§102-37.290---What must a SASP do with surplus** include:
>
> **property it cannot donate?** (1) The proposed sale date;
>
> \(a\) As soon as it becomes clear that you cannot donate the (2) A
> listing of the property;
>
> surplus property, you should first determine whether or not (3)
> Location of the sale;
>
> the property is usable. (4) Method of sale; and
>
> \(1\) If you determine that the undistributed surplus prop- (5)
> Proposed advertising to be used.
>
> erty is not usable, you should seek GSA approval to abandon (b) If the
> request is approved, the GSA regional sales
>
> or destroy the property in accordance with [§102-37.320]{.underline}.
> office will provide the necessary forms and instructions for
>
> \(2\) If you determine that the undistributed surplus prop- you to use
> in conducting the sale.
>
> erty is usable, you should immediately offer it to other SASPs.
>
> If other SASPs cannot use the property, you should promptly
> **§102-37.315---What costs may a SASP recover if**
>
> report it to GSA for redisposal (i.e., disposition through
> **undistributed surplus property is retransferred or**
>
> retransfer, sale, or other means). **sold?**
>
> \(b\) Normally, any property not donated within a 1-year (a) When
> undistributed surplus property is transferred to a
>
> Federal agency or another SASP, or disposed of by public
>
> period should be processed in this manner. sale, you are entitled to
> recoup:
>
> \(1\) Direct costs you initially paid to the Federal holding
>
> **§102-37.295---Must GSA approve a transfer between** agency,
> including but not limited to, packing, preparation for
>
> **SASPs?** shipment, and loading. You will not be reimbursed for
> actions
>
> Yes, the requesting SASP must submit a SF 123, Transfer following
> receipt of the property, including unloading, mov-
>
> Order Surplus Personal Property, to the GSA regional office ing,
> repairing, preserving, or storage.
>
> in which the releasing SASP is located. GSA will approve or (2)
> Transportation costs you incurred, but were not
>
> disapprove the request within 30 calendar days of receipt of
> reimbursed by a donee, for initially moving the property from
>
> the transfer order. the Federal holding agency to your distribution
> facility or other point of receipt. You must document and certify the
>
> **§102-37.300---What information must a SASP provide** amount of
> reimbursement requested for these costs.
>
> **GSA when reporting unneeded usable property for** (b) Reimbursable
> arrangements should be made prior to
>
> **disposal?** transfer of the property. In the case of a Federal
> transfer, GSA
>
> When reporting unneeded usable property that is not will secure
> agreement of the Federal agency to reimburse
>
> required for transfer to another SASP, provide GSA with the: your
> authorized costs, and annotate the amount of reimburse-
>
> (Amendment 2006--02) 102-37-9
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> **§102-37.320** FEDERAL MANAGEMENT REGULATION
>
> ment on the transfer document. You must coordinate and (a) Regional
> GSA personal property management offices,
>
> make arrangements for reimbursement when property is or designated
> Federal agencies, may enter into a cooperative
>
> transferred to another SASP. If you and the receiving SASP agreement
> to assist a SASP in distributing surplus property
>
> cannot agree on an appropriate reimbursement charge, GSA for donation.
> Assistance may include:
>
> will determine appropriate reimbursement. The receiving (1) Furnishing
> the SASP with available GSA or agency
>
> SASP must annotate the reimbursement amount on the trans- office space
> and related support such as office furniture and
>
> fer document prior to its being forwarded to GSA for information
> technology equipment needed to screen and pro-
>
> approval. cess property for donation.
>
> \(c\) When undistributed property is disposed of by public (2)
> Permitting the SASP to retain items of surplus prop-
>
> sale, GSA must approve the amount of sales proceeds you erty
> transferred to the SASP that are needed by the SASP in
>
> may receive to cover your costs. Generally, this will not performing
> its donation functions (see [§102-37.270]{.underline}).
>
> exceed 50 percent of the total sales proceeds. (b) Regional GSA
> personal property management offices may help the SASP to enter into
> agreements with other GSA
>
> **§102-37.320---Under what conditions may a SASP** or Federal
> activities for the use of Federal telecommunica-
>
> **abandon or destroy undistributed surplus property?** tions service
> or federally-owned real property and related per-
>
> \(a\) You may abandon or destroy undistributed surplus sonal property.
>
> property when you have made a written finding that the prop- (c) A
> SASP may enter into a cooperative agreement with
>
> erty has no commercial value or the estimated cost of its con- GSA to
> conduct sales of undistributed property on behalf of
>
> tinued care and handling would exceed the estimated GSA (see
> [§102-37.305]{.underline}).
>
> proceeds from its sale. The abandonment or destruction find-
>
> ing must be sent to the appropriate GSA regional office for
> **§102-37.330---Must the costs of providing support under**
>
> approval. You must include in the finding: **a cooperative agreement
> be reimbursed by the parties**
>
> \(1\) The basis for the abandonment or destruction; **receiving such
> support?**
>
> \(2\) A detailed description of the property, its condition, The
> parties to a cooperative agreement must decide among
>
> and total acquisition cost; themselves the extent to which the costs
> of the services they
>
> \(3\) The proposed method of destruction (burning, bury- provide must
> be reimbursed. Their decision should be
>
> ing, etc.) or the abandonment location; reflected in the cooperative
> agreement itself. As a general
>
> \(4\) A statement confirming that the proposed abandon- rule, the
> Economy Act (31 U.S.C. 1535) would require a Fed-
>
> ment or destruction will not be detrimental or dangerous to eral
> agency receiving services from a SASP to reimburse the
>
> public health or safety and will not infringe on the rights of SASP
> for those services. Since SASPs are not Federal agen-
>
> other persons; and cies, the Economy Act would not require them to
> reimburse
>
> \(5\) The signature of the SASP director requesting Federal agencies
> for services provided by such agencies. In
>
> approval for the abandonment or destruction. this situation, the
> Federal agencies would have to determine
>
> \(b\) GSA will notify you within 30 calendar days whether whether or
> not their own authorities would permit them to
>
> you may abandon or destroy the property. GSA will provide provide
> services to SASPs without reimbursement. If a Fed-
>
> alternate disposition instructions if it disapproves your eral agency
> is reimbursed by a SASP for services provided
>
> request for abandonment or destruction. If GSA doesn't reply under a
> cooperative agreement, it must credit that payment to
>
> to you within 30 calendar days of notification, the property the fund
> or appropriation that incurred the related costs.
>
> may be abandoned or destroyed.
>
> **§102-37.335---May a SASP enter into a cooperative**
>
> **Cooperative Agreements agreement with another SASP?**
>
> Yes, with GSA's concurrence and where authorized by
>
> **§102-37.325---With whom and for what purpose(s) may a** State law, a
> SASP may enter into an agreement with an adja-
>
> **SASP enter into a cooperative agreement?** cent State to act as its
> agent and authorized representative in
>
> Section 549(f) of title 40, United States Code allows GSA, disposing
> of surplus Federal property. Interstate cooperative
>
> or Federal agencies designated by GSA, to enter into cooper-
> agreements may be considered when donees, because of their
>
> ative agreements with SASPs to carry out the surplus property
> geographic proximity to the property distribution centers of the
> adjoining State, could be more efficiently and economi-
>
> donation program. Such agreements allow GSA, or the desig- cally
> serviced by surplus property facilities in the adjacent
>
> nated Federal agencies, to use the SASP's property, facilities, State.
> You and the other SASP must agree to the payment or
>
> personnel, or services or to furnish such resources to the
> reimbursement of service charges by the donee and you also
>
> SASP. For example: must agree to the requirements of
> [§102-37.205(e)]{.underline}.
>
> 102-37-10
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> PART 102-37---DONATION OF SURPLUS PERSONAL PROPERTY **§102-37.375**
>
> **§102-37.340---When may a SASP terminate a cooperative Reports**
>
> **agreement?**
>
> You may terminate a cooperative agreement with GSA
> **§102-37.360---What reports must a SASP provide to**
>
> 60-calendar days after providing GSA with written notice. **GSA?**
>
> For other cooperative agreements with other authorized par- (a)
> *Quarterly report on donations*. Submit a GSA
>
> ties, you or the other party may terminate the agreement as Form 3040,
> State Agency Monthly Donation Report of Sur-
>
> mutually agreed. You must promptly notify GSA when such plus Personal
> Property, to the appropriate GSA regional office
>
> other agreements are terminated. by the 25th day of the month
> following the quarter being reported. (OMB Control Number 3090-0112
> has been
>
> **Audits and Reviews** assigned to this form.) Forms and instructions
> for completing the form are available from your servicing GSA office.
>
> **§102-37.345---When must a SASP be audited?** (b) *Additional
> reports*. Make other reports GSA may
>
> For each year in which a SASP receives \$500,000 or more require to
> carry out its discretionary authority to transfer sur-
>
> a year in surplus property or other Federal assistance, it must plus
> personal property for donation and to report to the Con-
>
> be audited in accordance with the Single Audit Act gress on the status
> and progress of the donation program.
>
> (31 U.S.C. 7501--7507) as implemented by Office of Man-
>
> agement and Budget (OMB) Circular A-133, "Audits of **Liquidating a
> SASP**
>
> States, Local Governments, and Non-Profit Organizations"
>
> (for availability see 5 CFR 1310.3). GSA's donation program
> **§102-37.365---What steps must a SASP take if the State**
>
> should be identified by Catalog of Federal Domestic Assis- **decides
> to liquidate the agency?**
>
> tance number 39.003 when completing the required schedule Before
> suspending operations, a SASP must submit to
>
> of Federal assistance. GSA a liquidation plan that includes:
>
> \(a\) Reasons for the liquidation;
>
> **§102-37.350---Does coverage under the single audit** (b) A schedule
> for liquidating the agency and the estimated
>
> **process in OMB Circular A-133 exempt a SASP from** date of
> termination;
>
> **other reviews of its program?** (c) Method of disposing of property
> on hand under the
>
> No, although SASPs are covered under the single audit requirements of
> this part;
>
> process in OMB Circular A-133, from time to time the Gov- (d) Method
> of disposing of the agency's physical and
>
> ernment Accountability Office (GAO), GSA, or other autho- financial
> assets;
>
> rized Federal activities may audit or review the operations of (e)
> Retention of all available records of the SASP for a
>
> a SASP. GSA will notify the chief executive officer of the 2-year
> period following liquidation; and
>
> State of the reasons for a GSA audit. When requested, you (f)
> Designation of another governmental entity to serve as
>
> must make available financial records and all other records of the
> agency's successor in function until continuing obliga-
>
> the SASP for inspection by representatives of GSA, GAO, or tions on
> property donated prior to the closing of the agency
>
> other authorized Federal activities. are fulfilled.
>
> **§102-37.355---What obligations does a SASP have to §102-37.370---Do
> liquidation plans require public notice?**
>
> **ensure that donees meet Circular A-133 requirements?** Yes, a
> liquidation plan constitutes a major amendment of a
>
> SASPs, if they donate \$500,000 or more in Federal prop- SASP's plan
> of operation and, as such, requires public notice.
>
> erty to a donee in a fiscal year, must ensure that the donee has
>
> an audit performed in accordance with Circular A-133. If a **Subpart
> E---Donations to Public Agencies,**
>
> donee receives less than \$500,000 in donated property, the **Service
> Educational Activities (SEAs), and**
>
> SASP is not expected to assume responsibility for ensuring **Eligible
> Nonprofit Organizations**
>
> the donee meets audit requirements, beyond making sure the
>
> donee is aware that the requirements do exist. It is the donee's
> **§102-37.375---How is the pronoun "you" used in this**
>
> responsibility to identify and determine the amount of Federal
> **subpart?**
>
> assistance it has received and to arrange for audit coverage. The
> pronoun "you," when used in this subpart, refers to the
>
> State agency for surplus property (SASP).
>
> 102-37-11
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> **§102-37.380** FEDERAL MANAGEMENT REGULATION
>
> **§102-37.380---What is the statutory authority for** (b) For
> applicants that offer courses of instruction devoted
>
> **donations of surplus Federal property made under this** to the
> military arts and sciences, the Defense Department will
>
> **subpart?** determine eligibility to receive surplus property through
> the
>
> The following statutes provide the authority to donate sur- SASP as a
> service educational activity or SEA.
>
> plus Federal property to different types of recipients:
>
> \(a\) Section 549(d) of title 40, United States Code autho-
> **§102-37.390---What basic criteria must an applicant meet**
>
> rizes surplus property under the control of the Department of **before
> a SASP can qualify it for eligibility?**
>
> Defense (DOD) to be donated, through SASPs, to educational To qualify
> for donation program eligibility through a
>
> activities which are of special interest to the armed services SASP,
> an applicant must:
>
> (referred to in this [part 102-37]{.underline} as service educational
> activi- (a) Conform to the definition of one of the categories of
>
> ties or SEAs). eligible entities listed in [§102-37.380]{.underline}
> (see [Appendix C]{.underline} of this
>
> \(b\) Section 549(c)(3) of title 40, United States Code autho- part
> for definitions);
>
> rizes SASPs to donate surplus property to public agencies and (b)
> Demonstrate that it meets any approval, accreditation,
>
> to nonprofit educational or public health institutions, such as: or
> licensing requirements for operation of its program;
>
> \(1\) Medical institutions. (c) Prove that it is a public agency or a
> nonprofit and
>
> \(2\) Hospitals. tax-exempt organization under section 501 of the
> Internal
>
> \(3\) Clinics. Revenue Code;
>
> \(4\) Health centers. (d) Certify that it is not debarred, suspended,
> or excluded
>
> \(5\) Drug abuse or alcohol treatment centers. from any Federal
> program, including procurement programs;
>
> \(6\) Providers of assistance to homeless individuals. and
>
> \(7\) Providers of assistance to impoverished families (e) Operate in
> compliance with applicable Federal nondis-
>
> and individuals. crimination statutes.
>
> \(8\) Schools.
>
> \(9\) Colleges. **§102-37.395---How can a SASP determine whether an**
>
> \(10\) Universities. **applicant meets any required approval,
> accreditation,**
>
> \(11\) Schools for the mentally disabled. **or licensing
> requirements?**
>
> \(12\) Schools for the physically disabled. A SASP may accept the
> following documentation as evi-
>
> \(13\) Child care centers. dence that an applicant has met established
> standards for the
>
> \(14\) Radio and television stations licensed by the Fed- operation of
> its educational or health program:
>
> eral Communications Commission as educational radio or (a) A
> certificate or letter from a nationally recognized
>
> educational television stations. accrediting agency affirming the
> applicant meets the agency's
>
> \(15\) Museums attended by the public. standards and requirements.
>
> \(16\) Libraries, serving free all residents of a commu- (b) The
> applicant's appearance on a list with other simi-
>
> nity, district, State or region. larly approved or accredited
> institutions or programs when
>
> \(c\) Section 213 of the Older Americans Act of 1965, as that list is
> published by a State, regional, or national accredit-
>
> amended (42 U.S.C. 3020d), authorizes donations of surplus ing
> authority.
>
> property to State or local government agencies, or nonprofit (c)
> Letters from State or local authorities (such as a board
>
> organizations or institutions, that receive Federal funding to of
> health or a board of education) stating that the applicant
>
> conduct programs for older individuals. meets the standards prescribed
> for approved or accredited institutions and organizations.
>
> **Donee Eligibility** (d) In the case of educational activities,
> letters from three accredited or State-approved institutions that
> students from
>
> **§102-37.385---Who determines if a prospective donee** the applicant
> institution have been and are being accepted.
>
> **applicant is eligible to receive surplus property under** (e) In the
> case of public health institutions, licensing may
>
> **this subpart?** be accepted as evidence of approval, provided the
> licensing
>
> \(a\) For most public and nonprofit activities, the SASP authority
> prescribes the medical requirements and standards
>
> determines if an applicant is eligible to receive property as a for
> the professional and technical services of the institution.
>
> public agency, a nonprofit educational or public health insti- (f) The
> awarding of research grants to the institution by a recognized
> authority such as the National Institutes of Health,
>
> tution, or for a program for older individuals. A SASP may the
> National Institute of Education, or by similar national
>
> request GSA assistance or guidance in making such determi- advisory
> council or organization.
>
> nations.
>
> 102-37-12
>
> PART 102-37---DONATION OF SURPLUS PERSONAL PROPERTY **§102-37.445**
>
> **§102-37.400---What type of eligibility information must a
> §102-37.425---May a SASP grant conditional eligibility to**
>
> **SASP maintain on donees? a not-for-profit organization whose
> tax-exempt status**
>
> In general, you must maintain the records required by your **is
> pending?**
>
> State plan to document donee eligibility (see [Appendix B]{.underline}
> of No, under no circumstances may you grant conditional eli-
>
> this part). For SEAs, you must maintain separate records that gibility
> prior to receiving from the applicant a copy of a letter
>
> include: of determination by the Internal Revenue Service stating that
>
> \(a\) Documentation verifying that the activity has been des- the
> applicant is exempt from Federal taxation under
>
> ignated as eligible by DOD to receive surplus DOD property. section
> 501 of the Internal Revenue Code.
>
> \(b\) A statement designating one or more donee representa-
>
> tive(s) to act for the SEA in acquiring property. **§102-37.430---What
> property can a SASP make available**
>
> \(c\) A listing of the types of property that are needed or **to a
> donee with conditional eligibility?**
>
> have been authorized by DOD for use in the SEA's program. You may only
> make available surplus property that the donee can use immediately.
> You may not make available
>
> **§102-37.405---How often must a SASP update donee** property that
> will only be used at a later date, for example,
>
> **eligibility records?** after the construction of the donee's
> facility has been com-
>
> You must update donee eligibility records as needed, but pleted.
>
> no less than every 3 years, to ensure that all documentation
>
> supporting the donee's eligibility is current and accurate. **Terms
> and Conditions of Donation**
>
> Annually, you must update files for nonprofit organizations
>
> whose eligibility depends on annual appropriations, annual
> **§102-37.435---For what purposes may donees acquire and**
>
> licensing, or annual certification. Particular care must be **use
> surplus property?**
>
> taken to ensure that all records relating to the authority of A donee
> may acquire and use surplus property only for the
>
> donee representatives to receive and receipt for property, or to
> following authorized purposes:
>
> screen property at Federal facilities, are current. (a) *Public
> purposes*. A public agency that acquires surplus property through a
> SASP must use such property to carry out
>
> **§102-37.410---What must a SASP do if a donee fails to** or to
> promote one or more public purposes for the people it
>
> **maintain its eligibility status?** serves.
>
> If you determine that a donee has failed to maintain its eli- (b)
> *Educational and public health purposes, including*
>
> gibility status, you must terminate distribution of property to
> *related research*. A nonprofit educational or public health
>
> that donee, recover any usable property still under Federal
> institution must use surplus property for education or public
>
> restriction (as outlined in [§102-37.465]{.underline}), and take any
> other health, including research for either purpose and assistance to
>
> required compliance actions. the homeless or impoverished. While this
> does not preclude the use of donated surplus property for a related or
> subsidiary
>
> **§102-37.415---What should a SASP do if an applicant** purpose
> incident to the institution's overall program, the
>
> **appeals a negative eligibility determination?** property may not be
> used for a nonrelated or commercial pur-
>
> If an applicant appeals a negative eligibility determination, pose.
>
> forward complete documentation on the appeal request, (c) *Programs
> for older individuals*. An entity that conducts
>
> including your comments and recommendations, to the appli- a program
> for older individuals must use donated surplus
>
> cable GSA regional office for review and coordination with property to
> provide services that are necessary for the general
>
> GSA headquarters. GSA's decision will be final. welfare of older
> individuals, such as social services, transpor- tation services,
> nutrition services, legal services, and multi-
>
> **Conditional Eligibility** purpose senior centers.
>
> **§102-37.420---May a SASP grant conditional eligibility to
> §102-37.440---May donees acquire property for**
>
> **applicants who would otherwise qualify as eligible exchange?**
>
> **donees, but have been unable to obtain approval,** No, a donee may
> not acquire property with the intent to sell
>
> **accreditation, or licensing because they are newly** or trade it for
> other assets.
>
> **organized or their facilities are not yet constructed?**
>
> You may grant conditional eligibility to such an applicant
> **§102-37.445---What certifications must a donee make**
>
> provided it submits a statement from any required approving, **before
> receiving property?**
>
> accrediting, or licensing authority confirming it will be Prior to a
> SASP releasing property to a donee, the donee
>
> approved, accredited, or licensed. must certify that:
>
> (Amendment 2006--02) 102-37-13
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> **§102-37.450** FEDERAL MANAGEMENT REGULATION
>
> \(a\) It is a public agency or a nonprofit organization meet- (h) It
> will report to the SASP on the use, condition, and
>
> ing the requirements of the Property Act and/or regulations of
> location of donated property, and on other pertinent matters as
>
> GSA; the SASP may require from time to time.
>
> \(b\) It is acquiring the property for its own use and will use (i) If
> an insured loss of the property occurs during the
>
> the property for authorized purposes; period of restriction, GSA or
> the SASP (depending on which
>
> \(c\) Funds are available to pay all costs and charges inci- agency
> has imposed the restriction) will be entitled to reim-
>
> dent to the donation; bursement out of the insurance proceeds of an
> amount equal
>
> \(d\) It will comply with the nondiscrimination regulations to the
> unamortized portion of the fair market value of the dam-
>
> issued under title VI of the Civil Rights Act of 1964 aged or
> destroyed item.
>
> (42 U.S.C. 2000d-2000d-4), section 122 of title 40, United
>
> States Code, section 504 of the Rehabilitation Act of 1973 **Special
> Handling or Use Conditions**
>
> (29 U.S.C. 794), as amended, title IX of the Education
>
> Amendments of 1972 (20 U.S.C. 1681--1688), as amended,
> **§102-37.455---On what categories of surplus property has**
>
> and section 303 of the Age Discrimination Act of 1975 **GSA imposed
> special handling conditions or use**
>
> (42 U.S.C. 6101--6107); and **limitations?**
>
> \(e\) It isn't currently debarred, suspended, declared ineligi- GSA
> has imposed special handling or processing require-
>
> ble, or otherwise excluded from receiving the property. ments on the
> property discussed in this section. GSA may, on a case-by-case basis,
> prescribe additional restrictions for han-
>
> **§102-37.450---What agreements must a donee make?** dling or using
> these items or prescribe special processing
>
> Before a SASP may release property to a donee, the donee requirements
> on items in addition to those listed in this sec-
>
> must agree to the following conditions: tion.
>
> \(a\) The property is acquired on an "as is, where is" basis, (a)
> *Aircraft and vessels*. The requirements of this section
>
> without warranty of any kind, and it will hold the Government apply to
> the donation of any fixed- or rotary-wing aircraft and
>
> harmless from any or all debts, liabilities, judgments, costs, donable
> vessels that are 50 feet or more in length, having a
>
> demands, suits, actions, or claims of any nature arising from unit
> acquisition cost of \$5,000 or more, regardless of the pur-
>
> or incident to the donation of the property, its use, or final dis-
> pose for which donated. Such aircraft or vessels may be
>
> position. donated to public agencies and eligible nonprofit activities
>
> \(b\) It will return to the SASP, at its own expense, any provided the
> aircraft or vessel is not classified for reasons of
>
> donated property: national security and any lethal characteristics are
> removed.
>
> \(1\) That is not placed in use for the purposes for which The
> following table provides locations of other policies and
>
> it was donated within 1 year of donation; or procedures governing
> aircraft and vessels:
>
> \(2\) Which ceases to be used for such purposes within 1 **For...
> See...**
>
> year after being placed in use.
>
> \(c\) It will comply with the terms and conditions imposed (1)
> Policies and procedures governing the Part 102-33,
>
> donation of aircraft parts. [subpart D]{.underline}, of this
>
> by the SASP on the use of any item of property having a unit chapter.
>
> acquisition cost of \$5,000 or more and any passenger motor (2)
> Documentation needed by GSA to [§102-37.225]{.underline}.
>
> vehicle or other donated item. (Not applicable to SEAs.) process
> requests for aircraft or vessels.
>
> \(d\) It agrees that, upon execution of the SASP distribution (3)
> Special terms, conditions, and restrictions [§102-37.460]{.underline}.
>
> document, it has conditional title only to the property during imposed
> on aircraft and vessels.
>
> the applicable period of restriction. Full title to the property (4)
> Guidelines on preparing letters of intent [§102-37.230]{.underline}.
>
> will vest in the donee only after the donee has met all of the for
> aircraft or vessels.
>
> requirements of this part.
>
> \(e\) It will comply with conditions imposed by GSA, if any, (b)
> *Alcohol*.(1) When tax-free or specially denatured alco-
>
> requiring special handling or use limitations on donated prop- hol is
> requested for donation, the donee must have a special
>
> erty. permit issued by the Assistant Regional Commissioner of the
>
> \(f\) It will use the property for an authorized purpose during
> appropriate regional office, Bureau of Alcohol, Tobacco, Firearms and
> Explosives (ATF), Department of Justice, in
>
> the period of restriction. order to acquire the property. Include the
> ATF use-permit
>
> \(g\) It will obtain permission from the SASP before selling, number
> on the SF 123, Transfer Order Surplus Personal Prop-
>
> trading, leasing, loaning, bailing, cannibalizing, encumbering erty.
>
> or otherwise disposing of property during the period of (2) You may
> not store tax-free or specially denatured
>
> restriction, or removing it permanently for use outside the alcohol in
> SASP facilities. You must make arrangements for
>
> State.
>
> 102-37-14
>
> PART 102-37---DONATION OF SURPLUS PERSONAL PROPERTY **§102-37.470**
>
> this property to be shipped or transported directly from the DOD) or
> that are combat-configured (Category C aircraft)
>
> holding agency to the designated donee. may not be donated for flight
> purposes.
>
> \(c\) *Hazardous materials, firearms, and property with* (g) For all
> aircraft donated for nonflight use, the donee
>
> *unsafe or dangerous characteristics*. For hazardous materials, must,
> within 30 calendar days of receipt of the aircraft, turn
>
> firearms, and property with unsafe or dangerous characteris- over to
> the SASP the remaining aircraft historical records
>
> tics, see part 101-42 of this title. (except the records of the major
> components/life limited
>
> \(d\) *Franked and penalty mail envelopes and official letter-* parts;
> e.g., engines, transmissions, rotor blades, etc., neces-
>
> *head*. Franked and penalty mail envelopes and official letter- sary
> to substantiate their reuse). The SASP in turn must trans-
>
> head may not be donated without the SASP certifying that all mit the
> records to GSA for forwarding to the FAA.
>
> Federal Government markings will be obliterated before use.
>
> **Release of Restrictions**
>
> **§102-37.460---What special terms and conditions apply to**
>
> **the donation of aircraft and vessels? §102-37.465---May a SASP
> modify or release any of the**
>
> The following special terms and conditions apply to the **terms and
> conditions of donation?**
>
> donation of aircraft and vessels: You may alter or grant releases from
> State-imposed restric-
>
> \(a\) There must be a period of restriction which will expire tions,
> provided your State plan of operation sets forth the stan-
>
> after the aircraft or vessel has been used for the purpose stated
> dards by which such actions will be taken. You may not grant
>
> in the letter of intent (see [§102-37.230]{.underline}) for a period
> of 5 years, releases from, or amendments or corrections to:
>
> except that the period of restriction for a combat-configured (a) The
> terms and conditions you are required by the Prop-
>
> aircraft is in perpetuity. erty Act to impose on the use of passenger
> motor vehicles and
>
> \(b\) The donee of an aircraft must apply to the FAA for reg- any item
> of property having a unit acquisition cost of \$5,000
>
> istration of an aircraft intended for flight use within or more.
>
> 30 calendar days of receipt of the aircraft. The donee of a ves- (b)
> Any special handling condition or use limitation
>
> sel must, within 30 calendar days of receipt of the vessel, imposed by
> GSA, except with the prior written approval of
>
> apply for documentation of the vessel under applicable Fed- GSA.
>
> eral, State, and local laws and must record each document (c) The
> statutory requirement that usable property be
>
> with the U.S. Coast Guard at the port of documentation. The returned
> by the donee to the SASP if the property has not been
>
> donee's application for registration or documentation must placed in
> use for the purposes for which it was donated within
>
> include a fully executed copy of the conditional transfer doc- 1 year
> of donation or ceases to be used by the donee for those
>
> ument and a copy of its letter of intent. The donee must pro- purposes
> within 1 year of being placed in use, except that:
>
> vide the SASP and GSA with a copy of the FAA registration (1) You may
> grant authority to the donee to cannibalize
>
> (and a copy of its FAA Standard Airworthiness Certificate if property
> items subject to this requirement when you deter-
>
> the aircraft is to be flown as a civil aircraft) or Coast Guard mine
> that such action will result in increased use of the prop-
>
> documentation. erty and that the proposed action meets the standards
>
> \(c\) The aircraft or vessel must be used solely in accordance
> prescribed in your plan of operation.
>
> with the executed conditional transfer document and the plan (2) You
> may, with the written concurrence of GSA,
>
> of utilization set forth in the donee's letter of intent, unless the
> grant donees:
>
> donee has amended the letter, and it has been approved in (i) A time
> extension to place property into use if the
>
> writing by the SASP and GSA and a copy of the amendment delay in
> putting the property into use was beyond the control
>
> recorded with FAA or the U.S. Coast Guard, as applicable. and without
> the fault or negligence of the donee.
>
> \(d\) In the event any of the terms and conditions imposed by (ii)
> Authority to trade in one donated item for one
>
> the conditional transfer document are breached, title may like item
> having similar use potential.
>
> revert to the Government. GSA may require the donee to
>
> return the aircraft or vessel or pay for any unauthorized dis-
> **§102-37.470---At what point may restrictions be released**
>
> posal, transaction, or use. **on property that has been authorized
> for**
>
> \(e\) If, during the period of restriction, the aircraft or vessel
> **cannibalization?**
>
> is no longer needed by the donee, the donee must promptly Property
> authorized for cannibalization must remain under
>
> notify the SASP and request disposal instructions. A SASP the period
> of restriction imposed by the transfer/distribution document until the
> proposed cannibalization is completed.
>
> may not issue disposal instructions without the prior written
> Components resulting from the cannibalization, which have a
>
> concurrence of GSA. unit acquisition cost of \$5,000 or more, must
> remain under the
>
> \(f\) Military aircraft previously used for ground instruction
> restrictions imposed by the transfer/distribution document.
>
> and/or static display (Category B aircraft, as designated by
> Components with a unit acquisition cost of less than \$5,000
>
> (Amendment 2006--02) 102-37-15
>
> **§102-37.475** FEDERAL MANAGEMENT REGULATION
>
> may be released upon cannibalization from the additional (d) Take
> steps to correct the noncompliance or otherwise
>
> restrictions imposed by the State. However, these components enforce
> the conditions imposed on use of the property if a
>
> must continue to be used or be otherwise disposed of in accor- donee
> is found to be in noncompliance. Enforcement of com-
>
> dance with this part. pliance may involve:
>
> \(1\) Ensuring the property is used by the present donee
>
> **§102-37.475---What are the requirements for releasing** for the
> purpose for which it was donated.
>
> **restrictions on property being considered for** (2) Recovering the
> property from the donee for:
>
> **exchange?** (i) Redistribution to another donee within the State;
>
> GSA must consent to the exchange of donated property (ii) Transfer
> through GSA to another SASP; or
>
> under Federal restrictions or special handling conditions. The (iii)
> Transfer through GSA to a Federal agency.
>
> donee must have used the donated item for its acquired pur- (3)
> Recovering fair market value or the proceeds of dis-
>
> pose for a minimum of 6 months prior to being considered for posal in
> cases of unauthorized disposal or destruction.
>
> exchange, and it must be demonstrated that the exchange will (4)
> Recovering fair rental value for property in cases
>
> result in increased utilization value to the donee. As a condi- where
> the property has been loaned or leased to an ineligible
>
> tion of approval of the exchange, the item being exchanged user or
> used for an unauthorized purpose.
>
> must have remained in compliance with the terms and condi- (5)
> Disposing of by public sale property no longer suit-
>
> tions of the donation. Otherwise, [§102-37.485]{.underline} applies.
> The able, usable, or necessary for donation.
>
> item acquired by the donee must be:
>
> \(a\) Made subject to the period of restriction remaining on
> **§102-37.490---When must a SASP coordinate with GSA**
>
> the item exchanged; and **on compliance actions?**
>
> \(b\) Of equal or greater value than the item exchanged. You must
> coordinate with GSA before selling or demand- ing payment of the fair
> market or fair rental value of donated
>
> **Compliance and Utilization** property that is:
>
> \(a\) Subject to any special handling condition or use limita-
>
> **§102-37.480---What must a SASP do to ensure that** tion imposed by
> GSA (see [§102-37.455]{.underline}); or
>
> **property is used for the purpose(s) for which it was** (b) Not
> properly used within 1 year of donation or which
>
> **donated?** ceases to be properly used within 1 year of being placed
> in
>
> You must conduct utilization reviews, as provided in your use.
>
> plan of operation, to ensure that donees are using surplus
>
> property during the period of restriction for the purposes for
> **§102-37.495---How must a SASP handle funds derived**
>
> which it was donated. You must fully document your efforts **from
> compliance actions?**
>
> and report all instances of noncompliance (misuse or mishan- You must
> handle funds derived from compliance actions as
>
> dling of property) to GSA. follows:
>
> \(a\) *Enforcement of Federal restrictions*. You must
>
> **§102-37.485---What actions must a SASP take if a review** promptly
> remit to GSA any funds derived from the enforce-
>
> **or other information indicates noncompliance with** ment of
> compliance involving a violation of any Federal
>
> **donation terms and conditions?** restriction, for deposit in the
> Treasury of the United States.
>
> If a review or other information indicates noncompliance You must also
> submit any supporting documentation indicat-
>
> with donation terms and conditions, you must: ing the source of the
> funds and essential background informa-
>
> \(a\) Promptly investigate any suspected failure to comply tion.
>
> with the conditions of donated property; (b) *Enforcement of State
> restrictions*. You may retain any
>
> \(b\) Notify GSA immediately where there is evidence or funds derived
> from a compliance action involving violation of
>
> allegation of fraud, wrongdoing by a screener, or nonuse, mis- any
> State-imposed restriction and use such funds as provided
>
> use, or unauthorized disposal or destruction of donated prop- in your
> State plan of operation.
>
> erty;
>
> \(c\) Temporarily defer any further donations of property to **Returns
> and Reimbursement**
>
> any donee to be investigated for noncompliance allegations
>
> until such time as the investigation has been completed and:
> **§102-37.500---May a donee receive reimbursement for its**
>
> \(1\) A determination made that the allegations are **donation
> expenses when unneeded property is**
>
> unfounded and the deferment is removed. **returned to the SASP?**
>
> When a donee returns unneeded property to a SASP, the
>
> \(2\) The allegations are substantiated and the donee is donee may be
> reimbursed for all or part of the initial cost of
>
> proposed for suspension or debarment; and any repairs required to make
> the property usable if:
>
> 102-37-16 (Amendment 2006--02)
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> PART 102-37---DONATION OF SURPLUS PERSONAL PROPERTY **§102-37.535**
>
> \(a\) The property is transferred to a Federal agency or sold
> **§102-37.525---What should a holding agency do if it wants**
>
> for the benefit of the U.S. Government; **a public airport to receive
> priority consideration for**
>
> \(b\) No breach of the terms and conditions of donation has **excess
> personal property it has reported to GSA?**
>
> occurred; and A holding agency interested in giving priority consider-
>
> \(c\) GSA authorizes the reimbursement. ation to a public airport
> should annotate its reporting docu- ment to make GSA aware of this
> interest. In an addendum to
>
> **§102-37.505---How does a donee apply for and receive** the document,
> include the name of the requesting airport, spe-
>
> **reimbursement for unneeded property returned to a** cific property
> requested, and a brief description of how the
>
> **SASP?** airport intends to use the property.
>
> If the donee has incurred repair expenses for property it is
>
> returning to a SASP and wishes to be reimbursed for them, it
> **§102-37.530---What are FAA's responsibilities in the**
>
> will inform the SASP of this. The SASP will recommend for **donation
> of surplus property to public airports?**
>
> GSA approval a reimbursement amount, taking into consid- In the
> donation of surplus property to public airports, the
>
> eration the benefit the donee has received from the use of the Federal
> Aviation Administration (FAA), acting under delega-
>
> property and making appropriate deductions for that use. tion from the
> DOT, is responsible for:
>
> \(a\) If this property is subsequently transferred to a Federal (a)
> Determining the property requirements of any State,
>
> agency, the receiving agency will be required to reimburse the
> political subdivision of a State, or tax-supported organization
>
> donee as a condition of the transfer. for public airport use;
>
> \(b\) If the property is sold, the donee will be reimbursed (b)
> Setting eligibility requirements for public airports and
>
> from the sales proceeds. making determinations of eligibility;
>
> \(c\) Certifying that property listed on a transfer request is
> desirable or necessary for public airport use;
>
> **Special Provisions Pertaining to SEAs** (d) Advising GSA of FAA
> officials authorized to certify transfer requests and notifying GSA of
> any changes in signa-
>
> **§102-37.510---Are there special requirements for** tory authority;
>
> **donating property to SEAs?** (e) Determining and enforcing
> compliance with the terms
>
> Yes, only DOD-generated property may be donated to and conditions
> under which surplus personal property is
>
> SEAs. When donating DOD property to an eligible SEA, transferred for
> public airport use; and
>
> SASPs must observe any restrictions the sponsoring Military (f)
> Authorizing public airports to visit holding agencies for
>
> Service may have imposed on the types of property the SEA the purpose
> of screening and selecting property for transfer.
>
> may receive. This responsibility includes:
>
> \(1\) Issuing a screening pass or letter of authorization to
>
> **§102-37.515---Do SEAs have a priority over other SASP** only those
> persons who are qualified to screen.
>
> **donees for DOD property?** (2) Maintaining a current record (to
> include names,
>
> Yes, SEAs have a priority over other SASP donees for addresses, and
> telephone numbers, and additional identifying
>
> DOD property, but only if DOD requests GSA to allocate sur-
> information such as driver's license or social security num-
>
> plus DOD property through a SASP for donation to a specific bers) of
> screeners operating under FAA authority and making
>
> SEA. In such cases, DOD would be expected to clearly iden- such
> records available to GSA upon request.
>
> tify the items in question and briefly justify the request. (3)
> Recovering any expired or invalid screener authori- zations.
>
> **Subpart F---Donations to Public Airports §102-37.535---What
> information must FAA provide to**
>
> **GSA on its administration of the public airport**
>
> **§102-37.520---What is the authority for public airport donation
> program?**
>
> **donations?** So that GSA has information on which to base its
> discre-
>
> The authority for public airport donations is tionary authority to
> approve the donation of surplus personal
>
> 49 U.S.C. 47151. 49 U.S.C. 47151 authorizes executive property, FAA
> must:
>
> agencies to give priority consideration to requests from a pub- (a)
> Provide copies of internal instructions that outline the
>
> lic airport (as defined in 49 U.S.C. 47102) for the donation of scope
> of FAA's oversight program for enforcing compliance
>
> surplus property if the Department of Transportation (DOT) with the
> terms and conditions of transfer; and
>
> considers the property appropriate for airport purposes and (b) Report
> any compliance actions involving donations to public airports.
>
> GSA approves the donation.
>
> 102-37-17
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> **§102-37.540** FEDERAL MANAGEMENT REGULATION
>
> **Subpart G---Donations to the American** ment; any Indian tribe; or
> any agency of the Federal Govern-
>
> **National Red Cross** ment.
>
> **§102-37.540---What is the authority for donations to the
> §102-37.565---What is the authority for donations to**
>
> **American National Red Cross? public bodies?**
>
> Section 551 of title 40, United States Code authorizes GSA Section 527
> of title 40, United States Code authorizes the
>
> to donate to the Red Cross, for charitable use, such property
> abandonment, destruction, or donation to public bodies of
>
> as was originally derived from or through the Red Cross. property
> which has no commercial value or for which the esti- mated cost of
> continued care and handling would exceed the
>
> **§102-37.545---What type of property may the American** estimated
> proceeds from its sale.
>
> **National Red Cross receive?**
>
> The Red Cross may receive surplus gamma globulin, dried
> **§102-37.570---What type of property may a holding**
>
> plasma, albumin, antihemophilic globulin, fibrin foam, surgi-
>
> cal dressings, or other products or materials it processed, pro-
> **agency donate under this subpart?**
>
> duced, or donated to a Federal agency. Only that property a holding
> agency has made a written determination to abandon or destroy (see
> process in
>
> **§102-37.550---What steps must the American National** [part
> 102-36]{.underline} of this chapter) may be donated under this sub-
>
> **Red Cross take to acquire surplus property?** part. A holding agency
> may not donate property that requires
>
> Upon receipt of information from GSA regarding the destruction for
> health, safety, or security reasons. When dis-
>
> availability of surplus property for donation, the Red Cross posing of
> hazardous materials and other dangerous property,
>
> will: a holding agency must comply with all applicable laws and
>
> \(a\) Have 21 calendar days to inspect the property or regulations and
> any special disposal requirements in
>
> request it without inspection; and
>
> \(b\) Be responsible for picking up property donated to it or part
> 101-42 of this title.
>
> arranging and paying for its shipment.
>
> **§102-37.575---Is there a special form for holding agencies**
>
> **§102-37.555---What happens to property the American to process
> donations?**
>
> **National Red Cross does not request?** There is no special form for
> holding agencies to process
>
> Property the Red Cross declines to request will be offered donations.
> A holding agency may use any document that
>
> to SASPs for distribution to eligible donees. If such property meets
> its agency's needs for maintaining an audit trail of the
>
> is transferred, GSA will require the SASP to ensure that all
> transaction.
>
> Red Cross labels or other Red Cross identifications are oblit-
>
> erated or removed from the property before it is used.
> **§102-37.580---Who is responsible for costs associated with**
>
> **Subpart H---Donations to Public Bodies in the donation?**
>
> The recipient public body is responsible for paying the dis-
>
> **Lieu of Abandonment/Destruction** posal costs incident to the
> donation, such as packing, prepa- ration for shipment,
> demilitarization (as defined in
>
> **§102-37.560---What is a public body?**
>
> A public body is any department, agency, special purpose
> [§102-36.40]{.underline} of this chapter), loading, and transportation
> to its
>
> district, or other instrumentality of a State or local govern- site.
>
> 102-37-18
>
> **APPENDIX C---GLOSSARY OF TERMS FOR DETERMINING ELIGIBILITY OF PUBLIC
> AGENCIES AND**
>
> **NONPROFIT ORGANIZATIONS**
>
> **Appendix C---Glossary of Terms for Determining Eligibility of Public
> Agencies and**
>
> **Nonprofit Organizations**
>
> The following is a glossary of terms for determining eligi- "Economic
> development" means a program(s) carried out
>
> bility of public agencies and nonprofit organizations: or promoted by
> a public agency for public purposes to
>
> "Accreditation" means the status of public recognition that improve
> the opportunities of a given political area for the
>
> an accrediting agency grants to an institution or program that
> establishment or expansion of industrial, commercial, or agri-
>
> meets the agency's standards and requirements. cultural plants or
> facilities and which otherwise assist in the
>
> "Accredited" means approval by a recognized accrediting creation of
> long-term employment opportunities in the area or
>
> board or association on a regional, State, or national level,
> primarily benefit the unemployed or those with low incomes.
>
> such as a State board of education or health; the American "Education"
> means a program(s) to develop and promote
>
> Hospital Association; a regional or national accrediting asso- the
> training, general knowledge, or academic, technical, and
>
> ciation for universities, colleges, or secondary schools; or
> vocational skills and cultural attainments of individuals in a
>
> another recognized accrediting association. community or given
> political area. Public educational pro-
>
> "Approved" means recognition and approval by the State grams may
> include public school systems and supporting
>
> department of education, State department of health, or other
> facilities such as centralized administrative or service facili-
>
> appropriate authority where no recognized accrediting board, ties.
>
> association, or other authority exists for the purpose of mak-
> "Educational institution" means an approved, accredited,
>
> ing an accreditation. For an educational institution or an edu- or
> licensed public or nonprofit institution, facility, entity, or
>
> cational program, approval must relate to academic or organization
> conducting educational programs or research for
>
> instructional standards established by the appropriate author-
> educational purposes, such as a child care center, school, col-
>
> ity. For a public health institution or program, approval must lege,
> university, school for the mentally or physically dis-
>
> relate to the medical requirements and standards for the pro- abled,
> or an educational radio or television station.
>
> fessional and technical services of the institution established
> "Educational radio or television station" means a public or
>
> by the appropriate authority. nonprofit radio or television station
> licensed by the Federal
>
> "Child care center" means a public or nonprofit facility
> Communications Commission and operated exclusively for
>
> where educational, social, health, and nutritional services are
> noncommercial educational purposes.
>
> provided to children through age 14 (or as prescribed by State "Health
> center" means an approved public or nonprofit
>
> law) and that is approved or licensed by the State or other facility
> that provides public health services, including related
>
> appropriate authority as a child day care center or child care
> facilities such as diagnostic and laboratory facilities and clin-
>
> center. ics.
>
> "Clinic" means an approved public or nonprofit facility "Homeless
> individual" means:
>
> organized and operated for the primary purpose of providing (1) An
> individual who lacks a fixed, regular, and adequate
>
> outpatient public health services and includes customary nighttime
> residence, or who has a primary nighttime resi-
>
> related services such as laboratories and treatment rooms. dence that
> is:
>
> "College" means an approved or accredited public or non- (i) A
> supervised publicly or privately operated shelter
>
> profit institution of higher learning offering organized study
> designed to provide temporary living accommodations
>
> courses and credits leading to a baccalaureate or higher (including
> welfare hotels, congregate shelters, and transi-
>
> degree. tional housing for the mentally ill);
>
> "Conservation" means a program or programs carried out (ii) An
> institution that provides a temporary residence
>
> or promoted by a public agency for public purposes involving for
> individuals intended to be institutionalized; or
>
> directly or indirectly the protection, maintenance, develop- (iii) A
> public or private place not designed for, or ordi-
>
> ment, and restoration of the natural resources of a given polit-
> narily used as, a regular sleeping accommodation for human
>
> ical area. These resources include but are not limited to the air,
> beings.
>
> land, forests, water, rivers, streams, lakes and ponds, miner- (2) For
> purposes of this part, the term "homeless individ-
>
> als, and animals, fish and other wildlife. ual" does not include any
> individual imprisoned or otherwise
>
> "Drug abuse or alcohol treatment center" means a clinic or detained
> pursuant to an Act of the Congress or a State law.
>
> medical institution that provides for the diagnosis, treatment,
> "Hospital" means an approved or accredited public or non-
>
> or rehabilitation of alcoholics or drug addicts. These centers profit
> institution providing public health services primarily
>
> must have on their staffs, or available on a regular visiting for
> inpatient medical or surgical care of the sick and injured
>
> basis, qualified professionals in the fields of medicine, psy- and
> includes related facilities such as laboratories, outpatient
>
> chology, psychiatry, or rehabilitation. departments, training
> facilities, and staff offices.
>
> (Amendment 2006--02) 102-37-C-1
>
> **AMENDMENT 2006--02 MAY 25, 2006**
>
> **Appendix C** FEDERAL MANAGEMENT REGULATION
>
> "Library" means a public or nonprofit facility providing "Nonprofit"
> means not organized for profit and exempt
>
> library services free to all residents of a community, district, from
> Federal income tax under section 501 of the Internal
>
> State, or region. Revenue Code (26 U.S.C. 501).
>
> "Licensed" means recognition and approval by the appro- "Parks and
> recreation" means a program(s) carried out or
>
> priate State or local authority approving institutions or pro-
> promoted by a public agency for public purposes that involve
>
> grams in specialized areas. Licensing generally relates to directly or
> indirectly the acquisition, development, improve-
>
> established minimum public standards of safety, sanitation, ment,
> maintenance, and protection of park and recreational
>
> staffing, and equipment as they relate to the construction, facilities
> for the residents of a given political area.
>
> maintenance, and operation of a health or educational facility,
> "Program for older individuals" means a program con-
>
> rather than to the academic, instructional, or medical stan- ducted by
> a State or local government agency or nonprofit
>
> dards for these institutions. activity that receives funds
> appropriated for services or pro-
>
> "Medical institution" means an approved, accredited, or grams for
> older individuals under the Older Americans Act
>
> licensed public or nonprofit institution, facility, or organiza- of
> 1965, as amended, under title IV or title XX of the Social
>
> tion whose primary function is the furnishing of public health
> Security Act (42 U.S.C. 601 et seq.), or under titles VIII and
>
> and medical services to the public or promoting public health X of the
> Economic Opportunity Act of 1964 (42 U.S.C. 2991
>
> through the conduct of research, experiments, training, or et seq.)
> and the Community Services Block Grant Act
>
> demonstrations related to cause, prevention, and methods of (42 U.S.C.
> 9901 et seq.).
>
> diagnosis and treatment of diseases and injuries. The term "Provider
> of assistance to homeless individuals" means a
>
> includes, but is not limited to, hospitals, clinics, alcohol and
> public agency or a nonprofit institution or organization that
>
> drug abuse treatment centers, public health or treatment cen- operates
> a program which provides assistance such as food,
>
> ters, research and health centers, geriatric centers, laborato-
> shelter, or other services to homeless individuals.
>
> ries, medical schools, dental schools, nursing schools, and "Provider
> of assistance to impoverished families and indi-
>
> similar institutions. The term does not include institutions pri-
> viduals" means a public or nonprofit organization whose pri-
>
> marily engaged in domiciliary care, although a separate med- mary
> function is to provide money, goods, or services to
>
> ical facility within such a domiciliary institution may qualify
> families or individuals whose annual incomes are below the
>
> as a "medical institution." poverty line (as defined in section 673 of
> the Community Ser-
>
> "Museum" means a public or nonprofit institution that is vices Block
> Grant Act) (42 U.S.C. 9902). Providers include
>
> organized on a permanent basis for essentially educational or food
> banks, self-help housing groups, and organizations pro-
>
> aesthetic purposes and which, using a professional staff, owns viding
> services such as the following: Health care; medical
>
> or uses tangible objects, either animate or inanimate; cares for
> transportation; scholarships and tuition assistance; tutoring
>
> these objects; and exhibits them to the public on a regular and
> literacy instruction; job training and placement; employ-
>
> basis (at least 1000 hours a year). As used in this part, the term
> ment counseling; child care assistance; meals or other nutri-
>
> "museum" includes, but is not limited to, the following insti- tional
> support; clothing distribution; home construction or
>
> tutions if they satisfy all other provisions of this definition:
> repairs; utility or rental assistance; and legal counsel.
>
> Aquariums and zoological parks; botanical gardens and arbo- "Public
> agency" means any State; political subdivision
>
> retums; nature centers; museums relating to art, history thereof,
> including any unit of local government or economic
>
> (including historic buildings), natural history, science, and
> development district; any department, agency, or instrumen- tality
> thereof, including instrumentalities created by compact
>
> technology; and planetariums. For the purposes of this defini- or
> other agreement between States or political subdivisions;
>
> tion, an institution uses a professional staff if it employs at
> multijurisdictional substate districts established by or pursu-
>
> least one fulltime staff member or the equivalent, whether ant to
> State law; or any Indian tribe, band, group, pueblo, or
>
> paid or unpaid, primarily engaged in the acquisition, care, or
> community located on a State reservation.
>
> public exhibition of objects owned or used by the institution. "Public
> health" means a program(s) to promote, maintain,
>
> This definition of "museum" does not include any institution and
> conserve the public's health by providing health services
>
> that exhibits objects to the public if the display or use of the to
> individuals and/or by conducting research, investigations,
>
> objects is only incidental to the primary function of the insti-
> examinations, training, and demonstrations. Public health ser-
>
> tution. vices may include but are not limited to the control of com-
>
> "Nationally recognized accrediting agency" means an municable
> diseases, immunization, maternal and child health
>
> accrediting agency that the Department of Education recog- programs,
> sanitary engineering, sewage treatment and dis-
>
> nizes under 34 CFR part 600. (For a list of accrediting agen- posal,
> sanitation inspection and supervision, water purifica- tion and
> distribution, air pollution control, garbage and trash
>
> cies, see the Department's web site at *http://www.ed.gov/* disposal,
> and the control and elimination of disease-carrying
>
> *admins/finaid/accred*.) animals and insects.
>
> 102-37-C-2