[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: 34CFR12.15] [Page 37-39] TITLE 34--EDUCATION PART 12_DISPOSAL AND UTILIZATION OF SURPLUS FEDERAL REAL PROPERTY FOR EDUCATIONAL PURPOSES--Table of Contents Subpart E_Abrogation Sec. 12.15 What are the procedures for securing an abrogation of the conditions and restrictions contained in the conveyance instrument? (a) The Secretary may, in the Secretary's sole discretion, abrogate the conditions and restrictions in the transfer or lease instrument if-- (1) The transferee or lessee submits to the Secretary a written request that the Secretary abrogate the conditions and restrictions in the conveyance instrument as to all or any portion of the surplus Federal real property; (2) The Secretary determines that the proposed abrogation is in the best interests of the United States; (3) The Secretary determines the terms and conditions under which the Secretary will consent to the proposed abrogation; and (4) The Secretary transmits the abrogation to the Administrator and there is no disapproval by the Administrator within thirty (30) days after notice to the Administrator. (b) The Secretary abrogates the conditions and restrictions in the transfer or lease instrument upon a cash payment to the Secretary based on the formula contained in the transfer or lease instrument and any other terms and conditions the Secretary deems appropriate to protect the interest of the United States. (Authority: 40 U.S.C. 484(k)(4)(A)(iii)) [[Page 38]] Appendix A to Part 12--Public Benefit Allowance for Transfer of Surplus Federal Real Property for Educational Purposes \1\ --------------------------------------------------------------------------- \1\ This Appendix applies to transfers of both on-site and off-site surplus property. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Percent allowed ----------------------------------------------------------------------------------------------------------------------------------------- Organization allowances Utilization allowances Basic -------------------------------------------------------------------------------------------------------------------- Maximum Classification public Inadequacy of existing Introduction Student public benefit Federal Public school plant facilities of new health Service to benefit allowance Accreditation impact service Hardship ------------------------- instructional and Research handicapped allowance training 10-25% 26-50% 51-100% programs welfare \4\ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Elementary or high schools............................ 70 ............. 10 10 10 10 20 30 10 10 10 10 100 Colleges or Universities.............................. 50 20 ....... 10 10 10 20 30 10 10 10 10 100 Specialized schools................................... 70 ............. ....... 10 10 10 20 30 10 10 10 10 100 Public libraries or educational museums............... \2\ 100 ............. ....... ........ ........ ...... ...... ....... ............. ....... ........ ........... \2\ 100 School outdoor education.............................. 40 ............. ....... ........ ........ ...... ...... ....... 10 \3\ 10 10 ........... 70 Central administrative and/or service centers......... 80 ............. ....... ........ ........ ...... ...... ....... ............. ....... ........ ........... 80 Non-profit educational research organizations......... 50 20 ....... 10 ........ ...... ...... ....... 10 10 ........ 10 100 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ \2\ Applicable when this is the primary use to be made of the property. The public benefit allowance for the overall program is applicable when such facilities are conveyed as a minor component of other facilities. \3\ This 10% may include an approvable recreation program which will be accessible to the public and entirely compatible with, but subordinate to, the educational program. \4\ This column establishes the maximum discount from the fair market value for payment due from the transferee at the time of the transfer. This column does not apply for purposes of ranking applicants to determine to which applicant the property will be transferred. Competitive rankings are based on the absolute total of public benefit allowance points and are not limited to the 100% ceiling. Description of Terms Used in This Appendix Elementary or High School means an elementary school (including a kindergarten), high school, junior high school, junior-senior high school or elementary or secondary school system, that provides elementary or secondary education as determined under State law. However, it does not include a nursery school even though it may operate as part of a school system. College or University means a non-profit or public university or college, including a junior college, that provides postsecondary education. Specialized School means a vocational school, area trade school, school for the blind, or similar school. Public Library means a public library or public library service system, not a school library or library operated by non-profit, private organizations or institutions that may be open to the general public. School libraries receive the public benefit allowance in the appropriate school classification. Educational Museum means a museum that conducts courses on a continuing, not ad hoc, basis for students who receive credits from accredited postsecondary education institutions or school systems. School Outdoor Education means a separate facility for outdoor education as distinguished from components of a basic school. Components of a school such as playgrounds and athletic fields receive the basic allowance applicable for that type of school. The [[Page 39]] outdoor education must be located reasonably near the school system and may be open to and used by the general public, but only if the educational program for which the property is conveyed is given priority of use. This category does not include components of the school such as playgrounds and athletic fields, that are utilized during the normal school year, and are available to all students. Central Administrative and/or Service Center means administrative office space, equipment storage areas, and similar facilities. Description of Allowances Basic Public Benefit Allowance means an allowance that is earned by an applicant that satisfies the requirements of Sec. 12.10 of this part. Organization Allowance Accreditation means an allowance that is earned by any postsecondary educational institution, including a vocational or trade school, that is accredited by an accrediting agency recognized by the Secretary under 34 CFR part 602. Federal Impact means an allowance that is earned by any local educational agency (LEA) qualifying for Federal financial assistance as the result of the impact of certain Federal activities upon a community, such as the following under Public Law 81-874 and Public Law 81-815: to any LEA charged by law with responsibility for education of children who reside on, or whose parents are employed on, Federal property, or both; to any LEA to which the Federal Government has caused a substantial and continuing financial burden as the result of the acquisition of a certain amount of Federal property since 1938; or to any LEA that urgently needs minimum school facilities due to a substantial increase in school membership as the result of new or increased Federal activities. Public Services Training means an allowance that is earned if the applicant has cadet or ROTC units or other personnel training contracts for the Federal or State governments. This is given to a school system only if the particular school receiving the property furnishes that training. Hardship means an allowance earned by an applicant that has suffered a significant facility loss because of fire, storm, flood, other disaster, or condemnation. This allowance is also earned if unusual conditions exist such as isolation or economic factors that require special consideration. Inadequacies of Existing Facilities means an allowance that is earned on a percentage basis depending on the degree of inadequacy considering both public and nonpublic facilities. Overall plant requirements are determined based on the relationship between the maximum enrollment accommodated in the present facilities, excluding double and night sessions and the anticipated enrollment if the facilities are transferred. Inadequacies may be computed for a component school unit such as a school farm, athletic field, facility for home economics, round-out school site, cafeteria, auditorium, teacherages, faculty housing, etc., only if the component is required to meet State standards. In that event, the State Department of Education will be required to provide a certification of the need. Component school unit inadequacies may only be related to a particular school and not to the entire school system. Utilization Allowances Introduction of New Instructional Programs means an allowance that is earned if the proposed use of the property indicates that new programs will be added at a particular school. Examples of these new programs include those for vocational education, physical education, libraries, and similar programs. Student Health and Welfare means an allowance that is earned if the proposed program and plan of use of the property provides for cafeteria, clinic, infirmary, bus loading shelters, or other uses providing for the well-being and health of students and eliminating safety and health hazards. Research means an allowance that is earned if the proposed use of the property will be predominantly for research by faculty or graduate students under school auspices, or other primary educational research. Service to Handicapped means an allowance that is earned if the proposed program and plan of use for the property will be for special education for the physically or mentally handicapped.