[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 49CFR19.32]



[Page 163-164]

 

                        TITLE 49--TRANSPORTATION

 

          Subtitle A--Office of the Secretary of Transportation

 

PART 19_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS 

WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT 

ORGANIZATIONS--Table of Contents

 

                    Subpart C_Post-Award Requirements

 

Sec. 19.32  Real property.



    Each Federal awarding agency shall prescribe requirements for 

recipients concerning the use and disposition of real property acquired 

in whole or in part under awards. Unless otherwise provided by statute, 

such requirements, at a minimum, shall contain the following.

    (a) Title to real property shall vest in the recipient subject to 

the condition that the recipient shall use the real property for the 

authorized purpose of the project as long as it is needed and shall not 

encumber the property without approval of the Federal awarding agency.

    (b) The recipient shall obtain written approval by the Federal 

awarding agency for the use of real property in other federally-

sponsored projects when the recipient determines that the property is no 

longer needed for the purpose of the original project. Use in other 

projects shall be limited to those under federally-sponsored projects 

(i.e., awards) or programs that have purposes consistent with those 

authorized for support by the Department of Transportation.

    (c) When the real property is no longer needed as provided in 

paragraphs (a) and (b) of this section, the recipient shall request 

disposition instructions from the Federal awarding agency or its 

successor Federal awarding agency. The Federal awarding agency shall 

observe one or more of the following disposition instructions.

    (1) The recipient may be permitted to retain title without further 

obligation to the Federal Government after it compensates the Federal 

Government for that percentage of the current fair market value of the 

property attributable to the Federal participation in the project.

    (2) The recipient may be directed to sell the property under 

guidelines provided by the Federal awarding agency and pay the Federal 

Government for that percentage of the current fair market value of the 

property attributable to the Federal participation in the project (after 

deducting actual and reasonable selling and fix-up expenses, if any, 

from the sales proceeds). When the recipient is authorized or required 

to sell the property, proper sales procedures shall be established that 

provide for competition to the extent practicable and result in the 

highest possible return.

    (3) The recipient may be directed to transfer title to the property 

to the Federal Government or to an eligible



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third party provided that, in such cases, the recipient shall be 

entitled to compensation for its attributable percentage of the current 

fair market value of the property.