[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR12.1]



[Page 48]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 12_DISPOSAL AND UTILIZATION OF SURPLUS REAL PROPERTY FOR PUBLIC 

HEALTH PURPOSES--Table of Contents

 

Sec.  12.1  Definitions.



    (a) Act means the Federal Property and Administrative Services Act 

of 1949, 63 Stat. 377 (40 U.S.C. 471 et seq.). Terms defined in the Act 

and not defined in this section have the meanings given to them in the 

Act.

    (b) Accredited means having the approval of a recognized 

accreditation board or association on a regional, State, or national 

level, such as a State Board of Health. Approval as used above describes 

the formal process carried out by State Agencies and institutions in 

determining that health organizations or programs meet minimum 

acceptance standards.

    (c) Administrator means the Administrator of General Services.

    (d) Assigned property means real and related personal property 

which, in the discretion of the Administrator or his designee, has been 

made available to the Department for transfer for public health 

purposes.

    (e) Department means the U.S. Department of Health and Human 

Services.

    (f) Disposal agency means the executive agency of the Government 

which has authority to assign property to the Department for transfer 

for public health purposes.

    (g) Excess means any property under the control of any Federal 

agency which is not required for its needs and the discharge of its 

responsibilities, as determined by the head thereof.

    (h) Fair market value means the highest price which the property 

will bring by sale in the open market by a willing seller to a willing 

buyer.

    (i) Holding agency means the Federal agency which has control over 

and accountability for the property involved.

    (j) Nonprofit institution means any institution, organization, or 

association, whether incorporated or unincorporated, no part of the net 

earnings of which inures or may lawfully inure to the benefit of any 

private shareholder or individual, and (except for institutions which 

lease property to assist the homeless under Title V of Pub. L. 100-77) 

which has been held to be tax-exempt under section 501(c)(3) of the 

Internal Revenue Code of 1954.

    (k) Off-site property means surplus buildings, utilities and all 

other removable improvements, including related personal property, to be 

transferred by the Department for removal and use away from the site for 

public health purposes.

    (l) On-site means surplus real property, including related personal 

property, to be transferred by the Department for use in place for 

public health purposes.

    (m) Public benefit allowance means a discount on the sale or lease 

price of real property transferred for public health purposes, 

representing any benefit determined by the Secretary which has accrued 

or may accrue to the United States thereby.

    (n) Related personal property means any personal property: (1) Which 

is located on and is (i) an integral part of, or (ii) useful in the 

operation of real property; or (2) which is determined by the 

Administrator to be otherwise related to the real property.

    (o) Secretary means the Secretary of Health and Human Services.

    (p) State means a State of the United States, and includes the 

District of Columbia, the Commonwealth of Puerto Rico, and the 

Territories and possessions of the United States.

    (q) Surplus when used with respect to real property means any excess 

real property not required for the needs and the discharge of the 

responsibilities of all Federal agencies as determined by the 

Administrator.



[45 FR 72173, Oct. 31, 1980, as amended at 53 FR 7745, Mar. 10, 1988]