§ 314.11 - Procedures for release of EDA's property interest.


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  • (a) Before the expiration of the estimated useful life of the grant project, EDA may release, in whole or in part, any real property interest, or tangible personal property interest, in connection with a grant after the date that is 20 years after the date on which the grant was awarded. (The term “tangible personal property” excludes debt instruments, currency, and accounts in financial institutions.) Except as provided in paragraph (b) of this section, such release is not automatic; it requires EDA's approval, which will not be withheld except for good cause. The release may be unconditional, or may be conditioned upon some activity of the recipient intended to be pursued as a consequence of the release.

    (b) EDA hereby releases all of its real and tangible personal property interests in projects awarded under the Public Works Employment Act of 1976 (Pub. L. 94-369) and under that act as amended by the Public Works Employment Act of 1977 (Pub. L. 95-28).

    (c)(1) Notwithstanding §§ 314.11(a) and (b), in no event, either before or after the release of EDA's interest, may project property be used:

    (i) In violation of the nondiscrimination requirements of the project award, or

    (ii) For religious purposes prohibited by the holding of the U.S. Supreme Court in Tilton v. Richardson, 403 U.S. 672 (1971).

    (2) Such use voids the release, and is an unauthorized use of the property, as provided in § 314.4.