2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 59 - Operational Plan for Donation of Surplus Property (§§ 1651 — 1666) › § 1658 - Restrictions, terms and conditions on donated property

(a) The Administration shall establish restricted periods of availability by the donee of surplus federal property. These restricted periods shall apply, during the term indicated below, to properties with a purchase value per unit of three thousand dollars ($3,000) or more, and to every motor vehicle for passengers:
(1) Every motor vehicle for passengers shall have a restricted period of twenty-four (24) months from the date it is put to use.
(2) Properties with a purchase price per unit of three thousand dollars ($3,000) or more shall have a restricted period of thirty-six (36) months from the date the property is put to use.
(3) Airplanes (except combat types) and ships of fifty (50) or more feet with a purchase price per unit of three thousand dollars ($3,000) or more shall have a restricted period of sixty (60) months from the date on which said property is put to use; Provided, That these donations shall be subject to the requirements established in the conditional transfer document.
(4) Combat planes shall have a perpetual restricted period; Provided, That that donation shall also be subject to the requirements of the conditional transfer document.
(b) The Administration may reduce the restricted periods for types of property mentioned in clauses (1) and (2) of subsection (a) above, at the time of the donation, but the reduced term cannot be less than eighteen (18) months from the date the property is put to use, and the reduction shall be for justified reasons such as the condition of, or the use proposed for, the property.
(c) The Administration may impose reasonable terms, conditions, reservations and restrictions on the use of specific federal surplus property donated, in addition to that with a purchase price per unit of more than three thousand dollars ($3,000) or that consists of a motor vehicle for passengers.
(d) The Administration may amend or exonerate the donee from any term, condition, reservation or restriction that has been imposed on donated federal surplus property, pursuant to the prescribed standards.
(e) The Administration may impose on the donation of federal surplus property, regardless of the purchase price per unit, those conditions that involve special handling or limitations in its use, and which constitute conditions which are necessary because of the nature of the property.
(f) The Administration may impose the requirement on all the donees that all the property donated shall be put to use within one (1) year after its donation and be used for at least one (1) year after being put to use; otherwise the property must be returned to the Administration as long as it is usable. When it has been determined that the property has not been put into use by the donee within one (1) year from the date on which it was received, or when the donee has not used it under the restrictions, terms and conditions imposed for the one (1)-year term after the date it was received, and according to the Administration’s determination the property under any of the aforementioned circumstances is still usable, should the Administration require it, the donee must return the property, paying all expenses to the Administration, so that the latter may dispose of it according to the corresponding action.
(g) Pursuant to § 101-44.205 of the federal regulations, the United States General Services Administration must be informed of any case where specific property in the possession of the Administration for eighteen (18) months has not been used by any eligible donee. In such circumstances, the Administration must:
(1) Transfer the property to another state or federal agency.
(2) Sell the property at public auction.
(3) Destroy the property.
(4) Any other action prescribed by the United States General Services Administration.
(h) In cases of disposal or transfer of the property to another agency, or its sale at public auction, the Administration shall attempt the reimbursement of funds pursuant to § 101-44.205 of the federal regulations.
History —Mar. 26, 1979, No. 28, p. 65, § 8, retroactive to Oct. 17, 1977.