Uniform Procedures for the Acquisition and Transfer of Excess Personal Property

DEPARTMENT OF AGRICULTURE

Office of Procurement and Property Management

7 CFR Part 3200

RIN 0500-AA00

Uniform Procedures for the Acquisition and Transfer of Excess

Personal Property

AGENCY: Office of Procurement and Property Management, USDA.

ACTION: Notice of proposed rule making.

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SUMMARY: The proposed rulemaking sets forth uniform procedures for the

acquisition and transfer of excess personal property to the 1890 Land

Grant Institutions (including Tuskegee University), the 1994 Land Grant

Institutions and the Hispanic-Serving Institutions in support of

research, educational, technical, and scientific activities or for

related programs as authorized by section 923 of the Federal

Agriculture Improvement and Reform Act (FAIR) of 1996 (Pub. L. No. 104-

127), 7 U.S.C. 2206a.

DATES: Comments are due by February 23, 1998.

ADDRESSES: Send your comments to Linda W. Oliphant, U.S. Department of

Agriculture, Office of Procurement and Property Management (OPPM),

Property Management Division, (PMD), Room 1520 South Building, 1400

Independence Avenue, SW., Washington, DC 20250.

FOR FURTHER INFORMATION CONTACT: Denise R. Hayes or Linda W. Oliphant,

U.S. Department of Agriculture, Office of Procurement and Property

Management, Property Management Division, Room 1520 South Building,

1400 Independence Avenue, SW., Washington, DC 20250, (202) 720-3141.

SUPPLEMENTARY INFORMATION: Section 923 of the FAIR Act, 7 U.S.C. 2206a,

authorizes the Secretary of Agriculture to convey title to excess

personal property, with or without monetary compensation to the 1994

Institutions (as defined in section 532 of the Equity in Educational

Land-Grant Status Act of 1994, 7 U.S.C. 301 note); to any Hispanic-

Serving Institution (as defined in section 316(b)) of the Higher

Education Act of 1965, 20 U.S.C. 1059c(b); and to any college or

university eligible to receive funds under the Act of August 30, 1890,

7 U.S.C. 321 et seq., including Tuskegee University. Pursuant to the

authority provided in section 923 USDA proposes to add part 3200 to

title 7 of Code of Federal Regulations to establish uniform procedures

for the acquisition and transfer of excess personal property to the

designated institutions. This document includes not only the Department

of Agriculture (USDA) procedures to implement 7 U.S.C. 2206a, but draws

upon the General Services Administration (GSA) regulations concerning

the disposal of excess personal property.

Paperwork Reduction

The information collection and recordkeeping requirements to

implement these procedures have been cleared by the Office of

Management and Budget (OMB), under 0505-0019, in accordance with the

Paperwork Reduction Act, 44 U.S.C. 3500 et seq.

Classification

This proposed rule was reviewed under Executive Order 12866, and it

has been determined that it is not a significant regulatory action

because it will not have an annual effect on the economy of $100

million or more or adversely and materially affect a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, Local, or Tribal governments or

communities. This proposed rule will not create any serious

inconsistencies or otherwise interfere with any actions taken or

planned by another agency. It will not materially alter the budgetary

impact of entitlements, grants, user fees, or loan programs or the

rights and obligations of recipients thereof.

Regulatory Flexibility

The Department of Agriculture certifies that this proposed rule

will not have a significant impact on a substantial number of small

entities as defined in the Regulatory Flexibility Act, 5 U.S.C. 601 et

seq.

Executive Order 12988

The proposed rule has been reviewed under Executive Order 12988,

Civil Justice Reform. The proposed rule meets the applicable standards

in section 3 of Executive Order 12988.

List of Subjects in 7 CFR Part 3200

Excess government property, Government property, Government

property management.

For the reasons set forth in the preamble, the Department of

Agriculture proposes to establish chapter XXXII in title 7 of the Code

of Federal Regulations to read as follows:

CHAPTER 32--OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT, DEPARTMENT

OF AGRICULTURE

Part 3200 Department of Agriculture guidelines for the acquisition and

transfer of excess personal property

3201--3299 [Reserved]

PART 3200--DEPARTMENT OF AGRICULTURE GUIDELINES FOR THE ACQUISITION

AND TRANSFER OF EXCESS PERSONAL PROPERTY

Sec.

3200.1 Purpose.

3200.2 Eligibility.

3200.3 Definitions.

3200.4 Procedures.

3200.5 Dollar limitation.

3200.6 Restrictions.

3200.7 Title.

3200.8 Costs.

3200.9 Accountability and recordkeeping.

3200.10 Disposal.

3200.11 Liabilities and losses.

Authority: 5 U.S.C. 301; 7 U.S.C. 2206a.

Sec. 3200.1 Purpose.

This part sets forth the procedures to be utilized by USDA, Office

of Procurement and Property Management (OPPM) in the acquisition and

transfer of excess property to the 1890 Land Grant Institutions

(including Tuskegee University), 1994 Land Grant Institutions, and the

Hispanic-Serving Institutions in support of research, educational,

technical, and scientific activities or for related programs as

authorized by 7 U.S.C. 2206a. Title to the personal property shall pass

to the institution.

Sec. 3200.2 Eligibility.

Institutions that are eligible to receive Federal excess personal

property

[[Page 3482]]

pursuant to the provision of this part are the 1890 Land Grant

Institutions (including Tuskegee University), 1994 Land Grant

Institutions, and the Hispanic-Serving Institutions conducting

research, educational, technical, and scientific activities or related

programs.

Sec. 3200.3 Definitions.

(a) 1890 Land grant institutions--any college or university

eligible to receive funds under the Act of August 30, 1890 (7 U.S.C.

321 et.seq.), including Tuskegee University.

(b) 1994 Land grant institutions--any of the tribal colleges or

universities as defined in Section 532 of the Equity in Educational

Land-Grant Status Act of 1994.

(c) Hispanic-serving institutions--institutions of higher education

as defined in section 316(b) of the Higher Education Act of 1965 (20

U.S.C. 1059c (b)).

(d) Property management officer--is an authorized Department of

Agriculture or institution official responsible for property

management.

(e) Screener--is an individual designated by an eligible

institution and authorized by the General Services Administration (GSA)

to visit property sites for the purpose of inspecting personal property

intended for use by the institution.

(f) Excess personal property--is any personal property under the

control of a Federal agency that is no longer needed.

(g) Cannibalization--is the dismantling of equipment for parts to

repair or enhance other equipment.

Sec. 3200.4 Procedures.

(a) To receive information concerning the availability of Federal

excess personal property, an eligible institution's property management

officer may contact their regional GSA, Accountable Utilization

Officer. All property management officers of eligible institutions will

be placed on the Department of Agriculture's mailing list for

information on the availability of property. USDA excess property first

will be screened by USDA agencies through the Departmental Excess

Personal Property Coordinator (DEPPC) using the PMIS/PROP system.

(b) Excess property selected by screeners of eligible institutions

should be inspected whenever possible, or the holding agency should be

contacted to verify the condition of the items, because interpretation

of condition codes varies among agencies.

(c) If the condition of the item is acceptable, the institution

should ``freeze'' (reserve) items by calling the appropriate GSA office

or USDA's Departmental Excess Personal Property Coordinator (DEPPC).

Items are usually allocated on a ``first come-first serve basis.''

Since GSA may have several ``freezes'' on a piece of equipment, it is

critical that the paperwork be submitted as soon as possible.

(d) Property requests are submitted by mail or fax on a Standard

Form 122, ``Transfer Order Excess Personal Property,'' with a written

justification statement explaining how the property will be used for

research, educational, technical, or scientific activity or for related

programs.

(e) The SF-122 should be forwarded to USDA, OPPM/PMD for approval.

As confirmation of approval, the institution's Property Management

Officer will receive a stamped copy of the SF-122. If the request is

disapproved, it will be returned to the Property Management Officer

with an appropriate explanation.

(f) Once the excess personal property is physically received, the

institution is required to immediately return a copy of the SF-122, to

OPPM/PMD, indicating receipt of requested items. Cancellations should

also be reported to OPPM/PMD.

Note: OPPM/PMD shall send an informational copy of all USDA

transactions to GSA.

Sec. 3200.5 Dollar limitation.

There is no dollar limitation on excess personal property obtained

under these procedures.

Sec. 3200.6 Restrictions.

(a) The Department's authorized official will approve the transfer

of excess personal property in the following groups for the 1890 Land

Grant Institutions (including Tuskegee University), 1994 Land Grant

Institutions and the Hispanic-Serving Institutions in support of

research, educational, technical, and scientific activities or for

related programs.

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Eligible Federal supply code

groups Name

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12.............................. Fire Control Equipment.

19.............................. Ships, Small Crafts, Pontoons, and

Floating Docks.

22.............................. Railway Equipment.

23.............................. Vehicles, Motor Vehicles, Trailers and

Cycles.

24.............................. Tractors.

26.............................. Tires and Tubes.

28.............................. Engines, Turbines and Components.

29.............................. Engine Accessories.

30.............................. Mechanical Power Transmission

Equipment.

31.............................. Bearings.

32.............................. Woodworking Machinery and Equipment.

34.............................. Metal Working Machinery.

35.............................. Service and Trade Equipment.

36.............................. Special Industry Machinery.

37.............................. Agricultural Machinery and Equipment.

38.............................. Construction, Mining, Excavating, and

Highway Maintenance Equipment.

39.............................. Material Handling Equipment.

40.............................. Rope, Cable, Chain, and Fittings.

41.............................. Refrigeration, Air Conditioning and

Air Circulating Equipment.

42.............................. Fire Fighting, Rescue, and Safety

Equipment.

43.............................. Pumps, Compressors.

44.............................. Furnace, Steam Plant, and Drying.

45.............................. Plumbing, Heating, and Sanitation

Equipment; and Nuclear Reactors.

46.............................. Water Purification and Sewage

Treatment Equipment.

47.............................. Pipe, Tubing, Hose, and Fittings.

49.............................. Maintenance and Repair Shop Equipment.

51.............................. Hand Tools.

52.............................. Measuring Tools.

53.............................. Hardware and Abrasives.

54.............................. Prefabricated Structures and

Scaffolding.

55.............................. Lumber, Millwork, Plywood, and Veneer.

56.............................. Construction and Building Materials.

58.............................. Communication, Detection, and Coherent

Radiation Equipment.

59.............................. Electrical and Electronic Equipment

Components.

60.............................. Fiber Optics Materials, Components,

Assemblies, and Accessories.

61.............................. Electric Wire, and Power and

Distribution Equipment.

62.............................. Lighting Fixtures and Lamps.

63.............................. Alarm, Signal, and Security Detection

Systems.

65.............................. Medical, Dental, and Veterinary

Equipment and Supplies.

66.............................. Instruments and Laboratory Equipment.

67.............................. Photographic Equipment.

69.............................. Training Aids and Devices.

70.............................. General Purpose Automatic Data

Processing Equipment (Including

Firmware), Software, and Support

Equipment.

71.............................. Furniture.

72.............................. Household and Commercial Furnishings

and Appliances.

73.............................. Food Preparation and Serving

Equipment.

[[Page 3483]]

74.............................. Office Machines, Text Processing

Systems and Visible Record Equipment.

75.............................. Office Supplies and Devices.

76.............................. Books, Maps, and Other Publications.

77.............................. Musical Instruments, Phonographs, and

Home-type Radios.

78.............................. Recreational and Athletic Equipment.

79.............................. Cleaning Equipment and Supplies.

80.............................. Brushes, Paints, Sealers, and

Adhesives.

81.............................. Containers, Packaging and Packing

Supplies.

83.............................. Textiles, Leather, Furs, Apparel and

Shoe Findings, Tents, and Flags.

84.............................. Clothing, Individual Equipment and

Insignia.

85.............................. Toiletries.

87.............................. Agricultural Supplies.

88.............................. Live Animals.

91.............................. Fuels, Lubricants, Oils and Waxes.

93.............................. Nonmetallic Fabricated Materials.

94.............................. Nonmetallic Crude Materials.

95.............................. Metal Bars, Sheets, and Shapes.

96.............................. Ores, Minerals and Their Primary

Products.

99.............................. Miscellaneous.

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Note: Requests for items in FSC Groups other than the above

shall be referred to the Director of OPPM for consideration and

approval.

(b) Excess personal property may be transferred for the purpose of

cannibalization, provided the institution submits a supporting

statement which clearly indicates that cannibalizing the requested

property for secondary use has greater benefit than utilization of the

item in its existing form.

Sec. 3200.7 Title.

Title to excess personal property obtained under part 3200 will

automatically pass to the 1890 Land Grant Institutions (including

Tuskegee University), 1994 Land Grant Institutions, and the Hispanic-

Serving Institutions once OPPM/PMD receives the SF-122 indicating that

the institution has received the property.

Sec. 3200.8 Costs.

Excess personal property under this law is free of charge. However,

the institution must pay all costs associated with packaging and

transportation. The institution should specify the method of shipment

on the SF-122.

Sec. 3200.9 Accountability and recordkeeping.

USDA requires that Federal excess personal property received by an

eligible institution pursuant to this Part shall be placed into use for

a research, educational, technical, or scientific activity or for

related purpose within 1 year of receipt of the property and used for

such purpose for at least 1 year thereafter. The institution's Property

Management Officer must maintain accountable records identifying the

property's location, description, utilization and value. The use of

excess Federal personal property received under this part is subject to

inspection by an authorized representative of USDA at all reasonable

times.

Sec. 3200.10 Disposal.

When the property is no longer needed by the institution, it may be

used in support of other Federal projects or sold and the proceeds used

for research, educational technical, and scientific activities or for

related programs of the recipient institution.

Sec. 3200.11 Liabilities and losses.

USDA assumes no liability with respect to accidents, bodily injury,

illness, or any other damages or loss related to excess personal

property transferred under this Part.

PARTS 3201-3299--[RESERVED]

W. R. Ashworth,

Director, Office of Procurement and Property Management.

[FR Doc. 98-1506 Filed 1-22-98; 8:45 am]

BILLING CODE 3410-XE-P