[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 45CFR92.31]



[Page 452]

 

                        TITLE 45--PUBLIC WELFARE

 

           SUBTITLE A--DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 92_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE, LOCAL, AND TRIBAL GOVERNMENTS--Table of Contents

 

                    Subpart C_Post-Award Requirements

 

Sec. 92.31  Real property.



    (a) Title. Subject to the obligations and conditions set forth in 

this section, title to real property acquired under a grant or subgrant 

will vest upon acquisition in the grantee or subgrantee respectively.

    (b) Use. Except as otherwise provided by Federal statutes, real 

property will be used for the originally authorized purposes as long as 

needed for that purposes, and the grantee or subgrantee shall not 

dispose of or encumber its title or other interests.

    (c) Disposition. When real property is no longer needed for the 

originally authorized purpose, the grantee or subgrantee will request 

disposition instructions from the awarding agency. The instructions will 

provide for one of the following alternatives:

    (1) Retention of title. Retain title after compensating the awarding 

agency. The amount paid to the awarding agency will be computed by 

applying the awarding agency's percentage of participation in the cost 

of the original purchase to the fair market value of the property. 

However, in those situations where a grantee or subgrantee is disposing 

of real property acquired with grant funds and acquiring replacement 

real property under the same program, the net proceeds from the 

disposition may be used as an offset to the cost of the replacement 

property.

    (2) Sale of property. Sell the property and compensate the awarding 

agency. The amount due to the awarding agency will be calculated by 

applying the awarding agency's percentage of participation in the cost 

of the original purchase to the proceeds of the sale after deduction of 

any actual and reasonable selling and fixing-up expenses. If the grant 

is still active, the net proceeds from sale may be offset against the 

original cost of the property. When a grantee or subgrantee is directed 

to sell property, sales procedures shall be followed that provide for 

competition to the extent practicable and result in the highest possible 

return.

    (3) Transfer of title. Transfer title to the awarding agency or to a 

third-party designated/approved by the awarding agency. The grantee or 

subgrantee shall be paid an amount calculated by applying the grantee or 

subgrantee's percentage of participation in the purchase of the real 

property to the current fair market value of the property.