[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: 45CFR12a.5]



[Page 59-60]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 12a_USE OF FEDERAL REAL PROPERTY TO ASSIST THE HOMELESS--Table of 

Contents

 

Sec.  12a.5  Real property reported excess to GSA.



    (a) Each landholding agency must submit a report to GSA of 

properties it determines excess. Each landholding agency must also 

provide a copy of HUD's suitability determination, if any, including 

HUD's identification number for the property.

    (b) If a landholding agency reports a property to GSA which has been 

reviewed by HUD for homeless assistance suitability and HUD determined 

the property suitable, GSA will screen the property pursuant to Sec.  

12a.5(g) and will advise HUD of the availability of the property for use 

by the homeless as provided in Sec.  12a.5(e). In lieu of the above, GSA 

may submit a new checklist to HUD and follow the procedures in Sec.  

12a.5(c) through Sec.  12a.5(g).

    (c) If a landholding agency reports a property to GSA which has not 

been reviewed by HUD for homeless assistance suitability, GSA will 

complete a property checklist, based on information provided by the 

landholding agency, and will forward this checklist to HUD for a 

suitability determination. This checklist will reflect any change in 

classification, i.e., from unutilized or underutilized to excess.

    (d) Within 30 days after GSA's submission, HUD will advise GSA of 

the suitability determination.

    (e) When GSA receives a letter from HUD listing suitable excess 

properties in GSA's inventory, GSA will transmit to HUD within 45 days a 

response which includes the following for each identified property:

    (1) A statement that there is no other compelling Federal need for 

the property, and therefore, the property will be determined surplus; or

    (2) A statement that there is further and compelling Federal need 

for the property (including a full explanation of such need) and that, 

therefore, the property is not presently available for use to assist the 

homeless.

    (f) When an excess property is determined suitable and available and 

notice is published in the Federal Register, GSA will concurrently 

notify HHS, HUD, State and local government units, known homeless 

assistance providers that have expressed interest in



[[Page 60]]



the particular property, and other organizations, as appropriate, 

concerning suitable properties.

    (g) Upon submission of a Report of Excess to GSA, GSA may screen the 

property for Federal use. In addition, GSA may screen State and local 

governmental units and eligible nonprofit organizations to determine 

interest in the property in accordance with current regulations. (See 41 

CFR 101-47.203-5, 101-47.204-1 and 101-47.303-2.)

    (h) The landholding agency will retain custody and accountability 

and will protect and maintain any property which is reported excess to 

GSA as provided in 41 CFR 101-47.402.