[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR12.7]



[Page 33]

 

                           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

    (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))



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