[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: 34CFR12.13]



[Page 36]

 

                           TITLE 34--EDUCATION

 

PART 12_DISPOSAL AND UTILIZATION OF SURPLUS FEDERAL REAL PROPERTY FOR 

EDUCATIONAL PURPOSES--Table of Contents

 

         Subpart C_Conditions Applicable to Transfers or Leases

 

Sec.  12.13  When is use of the transferred surplus Federal real property 

by entities other than the transferee or lessee permissible?



    (a) By eligible entities. A transferee or lessee may permit the use 

of all or a portion of the surplus Federal real property by another 

eligible entity as described in Sec.  12.5, only upon those terms and 

conditions the Secretary determines appropriate if--

    (1) The Secretary determines that the proposed use would not 

substantially limit the program and plan of use by the transferee or 

lessee and that the use will not unduly burden the Department;

    (2) The Secretary's written consent is obtained by the transferee or 

lessee in advance; and

    (3) The Secretary approves the use instrument in advance and in 

writing.

    (b) By ineligible entities. A transferee or lessee may permit the 

use of a portion of the surplus Federal real property by an ineligible 

entity, one not described in Sec.  12.5, only upon those terms and 

conditions the Secretary determines appropriate if--

    (1) In accordance with paragraph (a) of this section, the Secretary 

makes the required determination and approves both the use and the use 

instrument;

    (2) The use is confined to a portion of the surplus Federal real 

property;

    (3) The use does not interfere with the approved program and plan of 

use for which the surplus Federal real property was conveyed; and

    (4) Any rental fees or other compensation for use are either 

remitted directly to the Secretary or are applied to purposes expressly 

approved in writing in advance by the Secretary.



(Authority: 40 U.S.C. 484(k)(4))