[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR12.7]

[Page 33-34]
 
                           TITLE 34--EDUCATION
 
PART 12--DISPOSAL AND UTILIZATION OF SURPLUS FEDERAL REAL PROPERTY FOR 
EDUCATIONAL PURPOSES--Table of Contents
 
        Subpart B--Distribution of Surplus Federal Real Property
 
Sec. 12.7  How is surplus Federal real property disposed of when there is 
more than one applicant?

    (a) If there is more than one applicant for the same surplus Federal 
real property, the Secretary transfers or leases the property to the 
applicant whose proposed program and plan of use the Secretary 
determines provides the greatest public benefit, using the criteria 
contained in appendix A to this part that broadly address the weight 
given to each type of entity applying and its proposed program and plan 
of use. (See example in Sec. 12.10(d)).
    (b) If, after applying the criteria described in paragraph (a) of 
this section, two or more applicants are rated equally, the Secretary 
transfers or leases the property to one of the applicants after--
    (1) Determining the need for each applicant's proposed educational 
use at the site of the surplus Federal real property;
    (2) Considering the quality of each applicant's proposed program and 
plan of use; and

[[Page 34]]

    (3) Considering each applicant's ability to carry out its proposed 
program and plan of use.
    (c) If the Secretary determines that the surplus Federal real 
property is capable of serving more than one applicant, the Secretary 
may apportion it to fit the needs of as many applicants as is 
practicable.
    (d)(1) The Secretary generally transfers surplus Federal real 
property to a selected applicant that meets the requirements of this 
part.
    (2) Alternatively, the Secretary may lease surplus Federal real 
property to a selected applicant that meets the requirements of this 
part if the Secretary determines that a lease will promote the most 
effective use of the property consistent with the purposes of this part 
or if having a lease is otherwise in the best interest of the United 
States, as determined by the Secretary.

(Authority: 40 U.S.C. 484(k))