[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

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

[CITE: 41CFR101-42.301]



[Page 174-175]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-42_UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND 

CERTAIN CATEGORIES OF PROPERTY--Table of Contents

 

Subpart 101-42.3_Donation of Hazardous Materials and Certain Categories 

                               of Property

 

Sec. 101-42.301  General.



    Surplus personal property identified as hazardous material not 

required for transfer as excess personal property to Federal agencies 

shall normally be made available for donation. However, State agencies 

shall not acquire hazardous materials without first ensuring that there 

are eligible known donees for such property. Surplus property identified 

as hazardous may be donated provided the donee:

    (a) Is informed, via MSDS, HMIS data, or written narrative, that the 

item is hazardous and is furnished special handling and/or other 

appropriate information; and

    (b) Signs the following certification:



    I (We) hereby certify that the donee has knowledge and understanding 

of the hazardous nature of the property hereby donated and will comply 

with all applicable Federal, State, and local laws, ordinances, and 

regulations with respect to the care, handling, storage, shipment, and 

disposal of the hazardous material(s). The donee agrees



[[Page 175]]



and certifies that the Government shall not be liable for personal 

injuries to, disabilities of, or death of the donee or the donee's 

employees, or any other person arising from or incident to the donation 

of the hazardous material(s) or its final disposition. Additionally, the 

donee agrees and certifies to hold the Government harmless from any or 

all debts, liabilities, judgments, costs, demands, suits, actions, or 

claims of any nature arising from or incident to the donation of the 

hazardous material(s), its use, or final disposition.