Surplus Property Utilization (93.291)

Program

93.291 Surplus Property Utilization

Federal Agency

Agency: Department of Health and Human Services
Office: Program Support Center

Authorization

Federal Property and Administrative Services Act of 1949, Section 203(k), Public Law 81-152, 40 U.S.C. 484,, Section 203(k), Public Law 81-152, 101 Stat. , 40 U.S.C 484; Stewart B. McKinney Homeless Assistance Act of 1987, Section 501, Public Law 100-77, 101 Stat. 509, 42 U.S.C 11301.

Program Number

93.291

Last Known Status

Active

Objectives

To convey or lease all surplus Federal real properties made available by the disposal agency which are needed and usable by eligible organizations and institutions to carry out health programs, including homeless assistance programs.

Types of Assistance

SALE, EXCHANGE, OR DONATION OF PROPERTY OR GOODS

Uses and Use Restrictions

Real property must be used for eligible health purposes including research. It may consist of land with or without buildings and other improvements or buildings only. A discount of up to 100 percent based on the proposed-use program is granted. This discount applied against the fair value of the property, is earned by approved use over a prescribed period of 30 years for land with or without improvements, and a lesser time for leased facilities and improvements which are sold without land. Allowance of less than 100 percent requires payment of the difference in cash at the time of conveyance. Property must be used for the purpose for which conveyed, and may not be sold, leased, mortgaged, or encumbered without consent of the Department. Property must be used for the approved purpose for a specific period of time (i.e., 30 years); property can not be sold, encumbered, mortgaged, etc. without prior approval of office; grantee required to submit annual utilization reports; grantee must not discriminate in its use of the property; etc.

Eligibility Requirements

Applicant Eligibility

States, their political subdivisions and instrumentalities; tax-supported public health institutions, and nonprofit institutions which (except for institutions which lease property to assist the homeless under Title V of Public Law 100-77) have been held exempt from taxation under Section 501 (c) (3) of the 1986 Internal Revenue Code.

Beneficiary Eligibility

Anyone attending, working with or for, or served by the eligible applicants. Examples of potentially eligible use programs are hospitals, public health clinics, water and sewer systems, institutions for the rehabilitation of mentally or physically handicapped, health research institutions, homeless assistance facilities, and other institutions with basic health programs.

Credentials/Documentation

Applicants must demonstrate current need for properties they request and the ability to carry out the proposed program. This program is excluded from coverage under OMB Circular No. A-87.

Application and Award Process

Preapplication Coordination

Notice of availability of surplus real property is sent by the Division of Property Management, Program Support Center (PSC), Department of Health and Human Services (DHHS), to all known potentially interested institutions. When applying for real property, an informal preapplication conference either in person or by telephone is recommended. At that time, consultation and assistance are available to aid in the preparation of an application. Applicants are required to submit factors for consideration of potential environmental impact, in accordance with the Environmental Questionnaire furnished with the application instructions. This program is excluded from coverage under E.O. 12372. An environmental impact assessment is required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Applicants interested in acquiring Federal real properties must contact the Division of Property Management, PSC, DHHS.

Award Procedure

Real property is awarded to the applicant whose programs of use are determined to be in the highest public interest. Land (with or without improvements) is conveyed by quitclaim deed or lease; buildings for off-site removal are by agreement of sale.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time

Normally, approval or disapproval is made within 30 days after an application has been submitted for real property. For properties to assist homeless individuals under Title V of the McKinney Act, approval or disapproval is made 25 days after a complete application is received.

Appeals

Not Applicable.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.

This program has no matching requirements.

This program does not have MOE requirements.

Length and Time Phasing of Assistance

Deed restrictions run for a period of 30 years and Agreements of Sale are normally for 5 years, after which the transferee has clear title to the property. Restrictions on leased property run for the period of the lease. See the following for information on how assistance is awarded/released: Via deed or lease.

Post Assistance Requirements

Reports

Transferee is requierd to submit an annual utilization report on the operation and maintenance of the property. Cash reports are not applicable. Progress reports are not applicable. Expenditure reports are not applicable. Performance monitoring is not applicable.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. The Department's Audit agency makes periodic audits of the headquarters operation and may make spot checks of the utilization by real property transferees.

Records

Transferees of real property, who expend funds to rebuild, refurbish, or to otherwise improve property under restrictions, should maintain records of these costs in the event they wish to dispose of the property prior to termination of the restriction period.

Program Accomplishments

Not Applicable.

Financial Information

Account Identification

75-4552-0-1-551.

Obligations

(Sale, Exchange, or Donation of Property and Goods) FY 08 $394,128; FY 09 est $684,000; FY 10 est $691,000

Range and Average of Financial Assistance

No Data Available.

Regulations, Guidelines and Literature

Title 45, Subtitle A, Part 12, Disposal and Utilization of Surplus Real Property for Public Health Purposes. Literature: The following pamphlet is available from the Division of Property Management: "How to Acquire Federal Surplus Real Property for Public Health Purposes," at no charge.

Related Programs

Not Applicable.

Information Contacts

Regional or Local Office

None.

Headquarters Office

Theresa M. Ritta 5600 Fishers Lane
Parklawn Building, Rockville, Maryland 20857 Email: tritta@psc.gov Phone: 3014432265

Web Site Address

http://www.psc.gov/aos/federalprop

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

All applications must establish eligibility of the institution, its programs, and the proposed use to meet the program needs. A public benefit allowance formula, uniformly applied, determines the respective benefits of each program. Basic allowance of 50 percent is allowed to institutions meeting the following: (1) Proof of current need; (2) ability to operate and maintain; (3) suitability of facilities or adaptability for conversion; (4) requirement for utilization through period of restrictions; and (5) nondiscrimination because of race, color, sex, age, handicap, or national origin. Additional allowances are made for tax support, accreditation, hardship, integrated research, outpatient services, public services, and training programs. For competing programs, the one showing the greatest public benefit is selected. Where property can be divided, as many compatible programs as possible are accommodated.