OFFICE OF THE DEPUTY UNDER SECRETARY FOR HUMAN RESOURCES AND ADMINISTRATION, DEPARTMENT OF EDUCATION

AUTHORIZATION:

Federal Property and Administrative Services Act of 1949, Section 203(k), as amended, Public Law 81-152, 63 Stat. 377, 40 U.S.C. 484(k); Department of Education Organization Act of 1979, Public Law 96-88, 93 Stat. 668, 20 U.S.C. 3401 et seq.

OBJECTIVES:

To convey surplus Federal Real Property for educational purposes at fair market value.

TYPES OF ASSISTANCE:

Sale, Exchange, or Donation of Property and Goods.

USES AND USE RESTRICTIONS:

Must be used for education purposes including but not limited to higher education, elementary and secondary education, libraries, central administrative facilities, educational television and radio, rehabilitation and training, vocational education and research, correctional education centers.

ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:   Those groups, organizations, entities, or institutions providing educational programs including: States; their political subdivisions and instrumentalities; and tax supported organizations or private nonprofit institutions held exempt from taxation under Section 501(C)(3) of the Internal Revenue Code of 1954 may apply.

Beneficiary Eligibility:   Program participants receiving educational opportunities will benefit.

Credentials/Documentation:   This program is excluded from coverage under OMB Circular No. A-87.

APPLICATION AND AWARD PROCESS:

Preapplication Coordination:   All potentially eligible entities are notified of the availability of property including State and local officials or any known educational entity authorized to operate within the general geographical area. Upon receipt of a notice of intent to file an application, a preapplication conference is possible. This program is excluded from coverage under OMB Circular No. A-102. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. An environmental impact assessment is required for this program.

Application Procedure:   Application guides and deadlines for filing applications are provided on a case by case basis. All applicants must demonstrate the legal, financial, and technical ability to conduct the educational programs proposed. This program is excluded from coverage under OMB Circular No. A-110.

Award Procedure:   Written notification with follow-up issuance of formal transfer of title.

Deadlines:   Twenty days from notice of availability to express interest in acquiring the property; 25 days from close of the expression of interest period to develop and submit applications.

Range of Approval/Disapproval Time:   Thirty to 90 days for tentative decisions, after receipt of the application, and 90 to 360 days to the formal transfer of a title.

Appeals:   Not applicable.

Renewals:   Not applicable.

ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:   Recipient must cover all expenses for improvement, renovation, repair, maintenance, and operation of the program and facilities.

Length and Time Phasing of Assistance:   Up to 30 years. The fair market value (FMV) of the property is amortized over a period of time established based on the type of property acquired. Public benefit discount of the FMV is granted when public educational programs are being conducted.

POST ASSISTANCE REQUIREMENTS:

Reports:   An annual written report of activities by the recipient.

Audits:   On-site audits are conducted during the period of restriction to assure operation as specified in the application and deed of transfer.

Records:   None.

FINANCIAL INFORMATION:

Account Identification:   91-0800-0-1-503.

Obligations:   (Salaries and Expenses) Not separately identifiable.

Range and Average of Financial Assistance:   The average FMV was about $39,964 with a range of $726 to $211,723.

PROGAM ACCOMPLISHMENTS:

Current active cases number about 800 with approximately ten transfers per year. Historically, the program has transferred over 2,000 parcels of various sizes with an acquisition value of $1.17 billion.

REGULATIONS, GUIDELINES, AND LITERATURE:

Regulations: 34 CFR 12; Pamphlet: How to Acquire Surplus Federal Real Property for Educational Purposes; Guidelines: Application outline and preparation assistance can be obtained at the zone office level.

INFORMATION CONTACTS:

Regional or Local Office:   See Appendix IV of the Catalog for a list of regional offices.

Headquarters Office:   Federal Real Property Assistance Program, Office of the Administrator for Management Services, Department of Education, 600 Independence Ave., SW., Washington, DC 20202. Contact: David Hakola. Telephone: (202) 401-0500. Use the same number for FTS.

Web Site Address:   http://www.ed.gov.

RELATED PROGRAMS:

None.

EXAMPLES OF FUNDED PROJECTS:

Type of surplus facilities available range from improved or unimproved land in rural and urban settings (e.g., former Nike missile sites to total military bases such as former Air Force stations).

CRITERIA FOR SELECTING PROPOSALS:

All applications must establish eligibility of the institution and its 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, handicap, or national origin. Additional allowances are made for tax support, accreditation, hardship, not met needs, integrated research, 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.