[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: 45CFR12.11]



[Page 53-54]

 

                        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.  12.11  Special terms and conditions.



    (a) Applicants will be required to pay all external administrative 

costs which will include, but not be limited to, taxes, surveys, 

appraisals, inventory costs, legal fees, title search, certificate or 

abstract expenses, decontamination costs, moving costs, closing fees in 

connection with the transaction and service charges, if any, made by 

State Agencies for Federal Property Assistance under the terms of a 

cooperative agreement with the Department.

    (b) In the case of off-site property, applicants will be required to 

post performance bonds, make performance guarantee deposits, or give 

such other assurances as may be required by the Department or the 

holding agency to insure adequate site clearance and to pay service 

charges, if any, made by State Agencies for Federal Property Assistance 

under the terms of a cooperative agreement with the Department.

    (c) Whenever negotiations are undertaken for disposal to private 

nonprofit public health organizations of any surplus real property which 

cost the Government $1 million or more, the Department will give notice 

to the Attorney General of the United States of the proposed disposal 

and the terms and conditions thereof. The applicant shall furnish to the 

Department such information and documents as the Attorney General may 

determine to be appropriate or necessary to enable him to give the 

advice as provided for by section 207 of the Act.

    (d) Where an applicant proposes to acquire or lease and use in place 

improvements located on land which the Government does not own, he shall 

be required, before the transfer is consummated, to obtain a right to 

use the land commensurate with the duration of the restrictions 

applicable to the improvements, or the term of the lease. The applicant 

will be required to assume, or obtain release of, the Government's 

obligations respecting the land including but not limited to obligations 

relating to restoration, waste, and rent. At the option of the 

Department, the applicant may be required to post a bond to indemnify 

the Government against such obligations.

    (e) The Department may require the inclusion in the transfer or 

lease document of any other provision deemed desirable or necessary.

    (f) Where an eligible applicant for an on-site transfer proposes to 

construct new, or rehabilitate old, facilities, the financing of which 

must be accomplished through issuance of revenue bonds having terms 

inconsistent with the terms and conditions of transfer prescribed in 

Sec.  12.9 (c), (d), and (e) of this chapter, the Department may, in



[[Page 54]]



its discretion, impose such alternate terms and conditions of transfer 

in lieu thereof as may be appropriate to assure utilization of the 

property for public health purposes.