[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR12.10]



[Page 34]

 

                           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.  12.10  How is a Public Benefit Allowance (PBA) calculated?



    (a) The Secretary calculates a PBA in accordance with the provisions 

of appendix A to this part taking into account the nature of the 

applicant, and the need for, impact of, and type of program and plan of 

use for the property, as described in that appendix.

    (b) The following are illustrative examples of how a PBA would be 

calculated and applied under appendix A:

    (1) Entity A is a specialized school that has had a building 

destroyed by fire, and that has existing facilities determined by the 

Secretary to be between 26 and 50% inadequate. It is proposing to use 

the surplus Federal real property to add a new physical education 

program. Entity A would receive a basic PBA of 70%, a 10% hardship 

organization allowance, a 20% allowance for inadequacy of existing 

school plant facilities, and a 10% utilization allowance for 

introduction of new instructional programs. Entity A would have a total 

PBA of 110%. If Entity A is awarded the surplus Federal real property, 

it would not be required to pay any cash for the surplus Federal real 

property, since the total PBA exceeds 100%.

    (2) Entity B proposes to use the surplus Federal real property for 

nature walks. Because this qualifies as an outdoor educational program, 

Entity B would receive a basic PBA of 40%. If Entity B is awarded the 

surplus Federal real property, it would be required to pay 60% of the 

fair market value of the surplus Federal real property in cash at the 

time of the transfer.

    (3) Entity C is an accredited university, has an ROTC unit, and 

proposes to use the surplus Federal real property for a school health 

clinic and for special education of the physically handicapped. Entity C 

would receive a basic PBA of 50% (as a college or university), a 20% 

accreditation organization allowance (accredited college or university), 

a 10% public service training organization allowance (ROTC), a 10% 

student health and welfare utilization allowance (school health clinic), 

and a 10% service to the handicapped utilization allowance (education of 

the physically handicapped). Entity C would have a total PBA of 100%. If 

Entity C is awarded the surplus Federal real property, it would not be 

required to pay any cash for the surplus Federal real property, since 

the total PBA is 100%.

    (4) Entities A, B, and C all submit applications for the same 

surplus Federal real property. Unless the Secretary decides to apportion 

it, the Secretary transfers or leases the surplus Federal real property 

to Entity A, since its proposed program and plan of use has the highest 

total PBA.



(Authority: 40 U.S.C. 484(k)(1)(c))