[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR12.12]

[Page 35-36]
 
                           TITLE 34--EDUCATION
 
PART 12_DISPOSAL AND UTILIZATION OF SURPLUS FEDERAL REAL PROPERTY FOR 
EDUCATIONAL PURPOSES--Table of Contents
 
         Subpart C_Conditions Applicable to Transfers or Leases
 
Sec. 12.12  What are the terms and conditions of transfers or leases of 
surplus Federal real property?

    (a) General terms and conditions for transfers and leases. The 
following general terms and conditions apply to transfers and leases of 
surplus Federal real property under this part:
    (1) For the period provided in the transfer or lease instrument, the 
transferee or lessee shall use all of the surplus Federal real property 
it receives solely and continuously for its approved program and plan of 
use, in accordance with the Act and these regulations, except that--
    (i) The transferee or lessee has twelve (12) months from the date of 
transfer to place this surplus Federal real property into use, if the 
Secretary did not, at the time of transfer, approve in writing 
construction of major new facilities or major renovation of the 
property;
    (ii) The transferee or lessee has thirty-six (36) months from the 
date of transfer to place the surplus Federal real property into use, if 
the transferee or lessee proposes construction of major new facilities 
or major renovation of the property and the Secretary approves it in 
writing at the time of transfer; and
    (iii) The Secretary may permit use of the surplus Federal real 
property at any time during the period of restriction by an entity other 
than the transferee or lessee in accordance with Sec. 12.13.
    (2) The transferee or lessee may not modify its approved program and 
plan of use without the prior written consent of the Secretary.
    (3) The transferee or lessee may not sell, lease or sublease, rent, 
mortgage, encumber, or otherwise dispose of all or a portion of the 
surplus Federal real property or any interest therein without the prior 
written consent of the Secretary.
    (4) A transferee or lessee shall pay all administrative costs 
incidental to the transfer or lease including, but not limited to--
    (i) Transfer taxes;
    (ii) Surveys;
    (iii) Appraisals;
    (iv) Inventory costs;
    (v) Legal fees;
    (vi) Title search;
    (vii) Certificate or abstract expenses;
    (viii) Decontamination costs;
    (ix) Moving costs;
    (x) Recordation expenses;
    (xi) Other closing costs; and
    (xii) Service charges, if any, provided for by an agreement between 
the Secretary and the applicable State agency for Federal Property 
Assistance.
    (5) The transferee or lessee shall protect the residual financial 
interest of the United States in the surplus Federal real property by 
insurance or such other means as the Secretary directs.
    (6) The transferee or lessee shall file with the Secretary reports 
on its maintenance and use of the surplus Federal real property and any 
other reports required by the Secretary in accordance with the transfer 
or lease instrument.
    (7) Any other term or condition that the Secretary determines 
appropriate or necessary.
    (b) Additional terms and conditions for on-site transfers. The terms 
and conditions in the transfer, including those in paragraph (a) of this 
section, apply for a period not to exceed thirty (30) years.
    (c) Additional terms and conditions for off-site transfers. (1) The 
terms and conditions in the transfer, including those in paragraph (a) 
of this section, apply for a period equivalent to the estimated economic 
life of the property conveyed for a transfer of off-site surplus Federal 
real property.
    (2) In addition to the terms and conditions contained in paragraph 
(c) of this section, the Secretary may also require the transferee of 
off-site surplus Federal real property--
    (i) To post performance bonds;

[[Page 36]]

    (ii) To post performance guarantee deposits; or
    (iii) To give such other assurances as may be required by the 
Secretary or the holding agency to ensure adequate site clearance.
    (d) Additional terms and conditions for leases. In addition to the 
terms and conditions contained in paragraph (a) of this section, the 
Secretary requires, for leases of surplus Federal real property, that 
all terms and conditions apply to the initial lease agreement, and any 
renewal periods, unless specifically excluded in writing by the 
Secretary.

(Authority: 40 U.S.C. 484(k)(1))

(Approved by the Office of Management and Budget under control number 
1880-0524)