§ 581.12. Action on approved applications.
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/us/cfr/t24/s§ 581.12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Unutilized and underutilized properties.
(1)When HHS approves an application, it will so notify the applicant and forward a copy of the application to the landholding agency. The landholding agency will execute the lease, or permit document, as appropriate, in consultation with the applicant.
(2)The landholding agency maintains the discretion to decide the following:
(i)The length of time the property will be available.
(ii)The terms and conditions of the lease or permit document (except that a landholding agency may not charge any fees or impose any costs).
(b)Excess and surplus properties.
(1)When HHS approves an application, it will so notify the applicant and request that GSA assign the property to HHS for transfer. Requests to GSA for the assignment of surplus property to HHS for homeless assistance purposes will be based on the following conditions:
(i)HHS has a fully approved application for the property;
(ii)The applicant is able, willing, and authorized to assume immediate care, custody, and maintenance of the property;
(iii)The applicant is able, willing and authorized to pay the administrative expenses incident to the transfer; and
(iv)The applicant has secured the necessary funds, or had demonstrated the ability to obtain such funds, to carry out the approved program of use of the property.
(2)Upon receipt of an acceptable assignment, HHS will execute the transfer document in accordance with the procedures and requirements set out in this part and any other terms and conditions HHS and GSA determine are appropriate or necessary. Custody and accountability of the property will remain throughout the lease term with the landholding agency (i.e., the agency which initially reported the property as excess) and throughout the deed term with the transferee.
(3)Prior to assignment to HHS, GSA may consider other Federal uses and other important national needs in deciding the disposition of surplus property. Priority of consideration will normally be given to uses to assist the homeless. However, both GSA and HHS may consider any competing request for the property made under 40 U.S.C. 550 that is so meritorious and compelling that it outweighs the needs of the homeless.
(4)Whenever GSA or HHS decides in favor of a competing request over a request for property for homeless assistance, the agency making the decision will transmit to the appropriate committees of Congress an explanatory statement which details the need satisfied by conveyance of the surplus property, and the reasons for determining that such need was so meritorious and compelling as to outweigh the needs of the homeless. \[89 FR 89881, Nov. 13, 2024\]
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