[Code of Federal Regulations]

[Title 24, Volume 3]

[Revised as of April 1, 2005]

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

[CITE: 24CFR581.10]



[Page 236-237]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 

        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 581_USE OF FEDERAL REAL PROPERTY TO ASSIST THE HOMELESS--Table of 

Contents

 

Sec.  581.10  Action on approved applications.



    (a) Unutilized and underutilized properties. (1) When HHS approves 

an application, it will so notify the applicant and forward a copy of 

the application to the landholding agency. The landholding agency will 

execute the lease, or permit document, as appropriate, in consultation 

with the applicant.

    (2) The landholding agency maintains the discretion to decide the 

following:

    (i) The length of time the property will be available. (Leases and 

permits will be for a period of at least one year unless the applicant 

requests a shorter term.)

    (ii) Whether to grant use of the property via a lease or permit;

    (iii) The terms and conditions of the lease or permit document.

    (b) Excess and surplus properties. (1) When HHS approves an 

application, it will so notify the applicant and request that GSA assign 

the property to HHS for leasing. Upon receipt of the assignment, HHS 

will execute a lease in accordance with the procedures and requirements 

set out in 45 CFR part 12. In accordance with 41 CFR 101-47.402, custody 

and accountability of the property will remain throughout the lease term 

with the agency which initially reported the property as excess.

    (2) Prior to assignment to HHS, GSA may consider other Federal uses 

and other important national needs; however, in deciding the disposition 

of surplus real property, GSA will generally give priority of 

consideration to uses to assist the homeless. GSA may consider any 

competing request for the property made under section 203(k) of the 

Federal Property and Administrative Services Act of 1949 (40 U.S.C. 

484(k)) that is so meritorious and compelling that it outweighs the 

needs of the homeless, and HHS may likewise consider any competing 

request made under subsection 203(k)(1) of that law.

    (3) Whenever GSA or HHS decides in favor of a competing request over 

a request for property for homeless assistance use as provided in 

paragraph (b)(2) of this section, the agency making the decision will 

transmit to the appropriate committees of the Congress an explanatory 

statement which details the need satisfied by conveyance of the



[[Page 237]]



surplus property, and the reasons for determining that such need was so 

meritorious and compelling as to outweigh the needs of the homeless.

    (4) Deeds. Surplus property may be conveyed to representatives of 

the homeless pursuant to section 203(k) of the Federal Property and 

Administrative Services Act of 1949 (40 U.S.C. 484(k)(1), and section 

501(f) of the McKinney Act as amended, 42 U.S.C. 11411. Representatives 

of the homeless must complete the application packet pursuant to the 

requirements of Sec.  581.9 of this part and in accordance with the 

requirements of 45 CFR part 12.

    (c) Completion of lease term and reversion of title. Lessees and 

grantees will be responsible for the protection and maintenance of the 

property during the time that they possess the property. Upon 

termination of the lease term or reversion of title to the Federal 

government, the lessee or grantee will be responsible for removing any 

improvements made to the property and will be responsible for 

restoration of the property. If such improvements are not removed, they 

will become the property of the Federal government. GSA or the 

landholding agency, as appropriate, will assume responsibility for 

protection and maintenance of a property when the lease terminates or 

title reverts.