45 C.F.R. § 12.8

Assignment of surplus real property

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(a) Notice of interest in a specific property for public health purposes will be furnished the General Services Administrator by the Department at the earliest possible date.

(b) Requests to the Administrator for assignment of surplus real property to the Department for transfer for public health purposes will be based on the following conditions:

(1) The Department has an acceptable application for the property.

(2) The applicant is willing, authorized, and in a position to assume immediate care, custody, and maintenance of the property.

(3) The applicant is able, willing and authorized to pay the administrative expenses incident to the transfer.

(4) The applicant has the necessary funds, or the ability to obtain such funds, to carry out the approved program of use of the property.

Notes of Decisions

Cited in 2 cases, 1991–1992 · leading case: The Nat'l Law Ctr. on Homelessness & Poverty v. United States Dep't of Vets. Affairs, 964 F.2d 1210 (D.C. Cir. 1992).

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The Nat'l Law Ctr. on Homelessness & Poverty v. United States Dep't of Vets. Affairs, 964 F.2d 1210 (D.C. Cir. 1992). · cites it 6× “45 C.F.R. § 12.8 (b) specifies the conditions under which HHS may request a public-health disposal.”

Nat'l Law Ctr. on Homelessness & Poverty v. United States Vets. Admin., 765 F. Supp. 1 (D.D.C. 1991). “” 45 C.F.R. § 12.8 (b)(4). To comply with this requirement, many homeless organizations seek funding through Title IV of the McKinney Act.”

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