[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: 34CFR12.13]

[Page 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. 12.13  When is use of the transferred surplus Federal real property 
by entities other than the transferee or lessee permissible?

    (a) By eligible entities. A transferee or lessee may permit the use 
of all or a portion of the surplus Federal real property by another 
eligible entity as described in Sec. 12.5, only upon those terms and 
conditions the Secretary determines appropriate if--
    (1) The Secretary determines that the proposed use would not 
substantially limit the program and plan of use by the transferee or 
lessee and that the use will not unduly burden the Department;
    (2) The Secretary's written consent is obtained by the transferee or 
lessee in advance; and
    (3) The Secretary approves the use instrument in advance and in 
writing.
    (b) By ineligible entities. A transferee or lessee may permit the 
use of a portion of the surplus Federal real property by an ineligible 
entity, one not described in Sec. 12.5, only upon those terms and 
conditions the Secretary determines appropriate if--
    (1) In accordance with paragraph (a) of this section, the Secretary 
makes the required determination and approves both the use and the use 
instrument;
    (2) The use is confined to a portion of the surplus Federal real 
property;
    (3) The use does not interfere with the approved program and plan of 
use for which the surplus Federal real property was conveyed; and
    (4) Any rental fees or other compensation for use are either 
remitted directly to the Secretary or are applied to purposes expressly 
approved in writing in advance by the Secretary.

(Authority: 40 U.S.C. 484(k)(4))