[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: 45CFR12.3]



[Page 48-49]

 

                        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.  12.3  General policies.



    (a) It is the policy of the Department to foster and assure maximum 

utilization of surplus real property for public health purposes, 

including research.



[[Page 49]]



    (b) Transfers may be made only to States, their political 

subdivisions and instrumentalities, tax-supported public health 

institutions, and nonprofit public health institutions which (except for 

institutions which lease property to assist the homeless under Title V 

of Pub. L. 100-77) have been held tax-exempt under section 501(c)(3) of 

the Internal Revenue Code of 1954.

    (c) Real property will be requested for assignment only when the 

Department has determined that the property is suitable and needed for 

public health purposes. The amount of real and related personal property 

to be transferred shall not exceed normal operating requirements of the 

applicant. Such property will not be requested for assignment unless it 

is needed at the time of application for public health purposes or will 

be so needed within the immediate or foreseeable future. Where 

construction or major renovation is not required or proposed, the 

property must be placed into use within twelve (12) months from the date 

of transfer. When construction or major renovation is contemplated at 

the time of transfer, the property must be placed in use within 36 

months from the date of transfer. If the applicable time limitation is 

not met, the transferee shall either commence payments in cash to the 

Department for each month thereafter during which the proposed use has 

not been implemented or take such other action as set forth in Sec.  

12.12 as is deemed appropriate by the Department. Such monthly payments 

shall be computed on the basis of the current fair market value of the 

property at the time of the first payment by subtracting therefrom any 

portion of the purchase price paid in cash at the time of transfer, and 

by dividing the balance by the total number of months in the period of 

restriction. If the facility has not been placed into use within eight 

(8) years of the date of the deed, title to the property will be 

revested in the United States, or, at the discretion of the Department, 

the restrictions and conditions may be abrogated in accordance with 

Sec.  12.9.

    (d) Transfers will be made only after the applicant has certified 

that the proposed program is not in conflict with State or local zoning 

restrictions, building codes, or similar limitations.

    (e) Organizations which may be eligible include those which provide 

care and training for the physically and mentally ill, including medical 

care of the aged and infirm; clinical services; services (including 

shelter) to homeless individuals; other public health services 

(including water and sewer); or similar services devoted primarily to 

the promotion and protection of public health. In addition, 

organizations which provide assistance to homeless individuals may be 

eligible for leases under title V of Public Law 100-77. Except for the 

provision of services (including shelter) to homeless individuals, 

organizations which have as their principal purpose the providing of 

custodial or domiciliary care are not eligible. The eligible 

organization must be authorized to carry out the activity for which it 

requests the property.

    (f) An applicant's plan of operation will not be approved unless it 

provides that the applicant will not discriminate because of race, 

color, sex, handicap, or national origin in the use of the property.



[45 FR 72173, Oct. 31, 1980, as amended at 53 FR 7745, Mar. 10, 1988; 55 

FR 32252, Aug. 8, 1990]