[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR1200.21]

[Page 418-419]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER II--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL 
          HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 1200--UNIFORM PROCEDURES FOR STATE HIGHWAY SAFETY PROGRAMS--Table of Contents
 
 Subpart C--Implementation and Management of the Highway Safety Program
 
Sec. 1200.21  Equipment.

    (a) Title. Except as provided in paragraphs (e) and (f) of this 
section, title to equipment acquired under the Section 402 program will 
vest upon acquisition in the State or its subgrantee, as appropriate.
    (b) Use. All equipment shall be used for the originally authorized 
grant purposes for as long as needed for those purposes, as determined 
by the Approving Official, and neither the State nor any of its 
subgrantees or contractors shall encumber the title or interest while 
such need exists.
    (c) Management and disposition. Subject to the requirement of 
paragraphs (b), (d), (e) and (f) of this section, States and their 
subgrantees and contractors shall manage and dispose of equipment 
acquired under the Section 402 program in accordance with State laws and 
procedures.
    (d) Major Purchases and dispositions. All purchases and dispositions 
of equipment with a useful life of more than one year and an acquisition 
cost of $5,000 or more must receive prior written approval from the 
Approving Official.
    (e) Right to transfer title. The Approving Official may reserve the 
right to transfer title to equipment acquired under the Section 402 
program to the Federal Government or to a third party when such third 
party is otherwise eligible under existing statutes. Any such transfer 
shall be subject to the following requirements:
    (1) The equipment shall be identified in the grant or otherwise made 
known to the State in writing;
    (2) The Approving Official shall issue disposition instructions 
within 120 calendar days after the equipment is determined to be no 
longer needed in the Section 402 program, in the absence of which the 
State shall follow the applicable procedures in 49 CFR part 18.
    (f) Federally-owned equipment. In the event a State or its 
subgrantee is provided Federally-owned equipment:
    (1) Title shall remain vested in the Federal Government;

[[Page 419]]

    (2) Management shall be in accordance with Federal rules and 
procedures, and an annual inventory listing shall be submitted;
    (3) The State or its subgrantee shall request disposition 
instructions from the Approving Official when the item is no longer 
needed in the Section 402 program.