54-44-04.5. Federal surplus property - Office of management and budget responsible for distribution - Powers and duties of director

54-44-04.5. Federal surplus property - Office of management and budget responsible

for distribution - Powers and duties of director.

1. The office of management and budget is responsible for the fair and equitable

distribution, through donation, of all federal surplus property transferred to the state in

accordance with the Federal Property and Administrative Services Act of 1949, as

amended [63 Stat. 378; 40 U.S.C. 484(j)], hereinafter referred to as the federal Act.

2. The director of the office of management and budget, or the director's designee:

a. May receive, investigate, and make recommendations on applications for federal

surplus property available under the federal Act.

b. May acquire any federal surplus property transferred to the state under the

federal Act.

c. May distribute any federal surplus property pursuant to the federal Act to:

(1) Any public agency for use in carrying out or promoting for the residents of a

given political subdivision one or more public purposes; or

(2) Nonprofit educational institutions, public health institutions, or organizations

which are exempt from taxation under section 501 of the federal Internal

Revenue Code, for purposes of education or public health or research for

those purposes.

d. May store the federal surplus property.

e. Shall develop, submit, and implement a state plan of operation for distribution of

federal surplus property and comply with the federal Act and rules and regulations

adopted thereunder. Provided, the director may continue the state plan of

operation developed by the department of public instruction.

f. May cooperate and enter into agreements with other surplus property agencies

and federal agencies to screen and acquire surplus property and exchange

property, facilities, personnel, and services.

g. May provide information and assistance for acquiring federal surplus property to

entities listed in subdivision c.

h. May assess and collect service charges from participating recipients to cover

direct and reasonable cost of services under this section. The service charges

must be deposited with the state treasurer in a surplus property special fund and

used pursuant to the federal Act. The state treasurer shall credit all interest

earned to the fund if the director requests the state treasurer to invest portions of

the fund.

i. Adopt rules and take other action necessary to distribute federal surplus property

pursuant to the federal Act.

3. The director of the office of management and budget or the director's designee may

purchase available federal property under applicable federal property management

regulations for distribution according to this section.