[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Rules and Regulations]
[Pages 34456-34458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16285]
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DEPARTMENT OF AGRICULTURE
Office of Operations
7 CFR Part 2812
Department of Agriculture Guidelines for the Donation of Excess
Research Equipment
AGENCY: Office of Operations, USDA.
ACTION: Final rule.
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SUMMARY: The final rule sets forth uniform procedures for the donation
of excess research equipment to educational institutions and nonprofit
organizations for the conduct of technical and scientific education and
research activities as authorized by section 11(i) of the Stevenson/
Wydler Technology Act (Pub. L. No. 102-245), 15 U.S.C. 3710(i). This
document includes not only the Department of Agriculture (USDA)
procedures to implement 15 U.S.C. 3710(i), but also draws upon the
General Services Administration (GSA) regulations concerning the
disposal of excess personal property. This rule will allow the
Department of Agriculture to donate excess research equipment to
educational institutions and nonprofit organizations for the conduct of
technical and scientific education and research activities.
EFFECTIVE DATE: August 2, 1995.
FOR FURTHER INFORMATION CONTACT:
Denise R. Patterson, Acting Division Chief, Personal Property
Management Division on (202) 720-3141.
SUPPLEMENTARY INFORMATION: The proposed rule was published in the
Federal Register on May 13, 1994 (59 FR 24973). During the final
rulemaking process, the rule was determined not significant for
purposes of Executive Order 12866 and therefore has not been reviewed
by OMB.
Two comments were received. The National Aeronautics and Space
Administration (NASA) requested that the property be reutilized within
the federal government before being distributed. The rule does allow
agencies within USDA the opportunity to obtain excess research
equipment during the 30 to 45 days that the property remains in the
excess system. It is only after no USDA agency requests the equipment
that it is available for donation to an eligible institution. USDA
believes that making the equipment more widely available within the
Government prior to donation would undermine the purpose of 15 U.S.C.
3710(i), which is to improve science education in the United States
thereby advancing American competitiveness. The other comment was from
the General Services Administration (GSA). It recommended that the
Department of Agriculture target educational institutions located in
economically disadvantaged rural and urban cities. USDA believes that
targeting educational institutions located in economically
disadvantaged rural and urban cities would improve science education in
these locations. However, USDA believes that the purpose of this
provision can best be achieved by not limiting the donation of excess
research equipment. Accordingly, no changes other than some minor
corrections have been made to the final rule.
A revision of the ``Classification Section'' was made because it
contained information not pertinent to the rule.
Paperwork Reduction
Except for the Gift/Acceptance Agreement contained in appendix A to
part 2812, the forms necessary to implement these procedures have been
cleared by the Office of Management and Budget (OMB) in accordance with
the Paperwork Reduction Act, 44 U.S.C. 3500 et seq. The Gift/Acceptance
Agreement has been submitted to OMB for clearance under the Paperwork
Reduction Act.
Classification
This rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by OMB.
Regulatory Analysis
Not required for this rulemaking.
Environmental Impact Statement
This proposed rule does not significantly affect the environment.
Therefore, an environmental impact statement is not required under the
National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321
et seq.
Catalog Federal Domestic Assistance
Not required for this rulemaking.
List of Subjects in 7 CFR Part 2812
Government property, Government property management, Excess
government property.
Done at Washington, DC, this 26th 1995.
Dan Glickman,
Secretary.
For the reasons set forth in the preamble, part 2812 is added to
chapter XXVIII of title 7 of the Code of Federal Regulations to read as
follows:
PART 2812--DEPARTMENT OF AGRICULTURE GUIDELINES FOR THE DONATION OF
EXCESS RESEARCH EQUIPMENT UNDER 15 U.S.C. 3710(i)
Sec.
2812.1 Purpose.
2812.2 Eligibility.
2812.3 Definitions.
2812.4 Procedures.
2812.5 Restrictions.
2812.6 Title.
2812.7 Costs.
2812.8 Accountability and recordkeeping.
2812.9 Disposal.
2812.10 Liabilities and losses.
Appendix A to Part 2812--Gift/Acceptance Agreement: Educational
Institution or Nonprofit Organization and the United States
Department of Agriculture
Authority: 5 U.S.C. 301.
Sec. 2812.01 Purpose.
This part sets forth the procedures to be utilized by USDA agencies
and laboratories in the donation of excess research equipment to
educational institutions and non-profit organizations for the conduct
of technical and scientific education and research activities as
authorized by 15 U.S.C. 3710(i). Title to excess research equipment
donated pursuant to 15 U.S.C. 3710(i), shall pass to the donee.
Sec. 2812.2 Eligibility.
Eligible organizations are educational institutions or non-profit
organizations involved in the conduct of technical and scientific
educational and research activities.
Sec. 2812.3 Definitions.
(a) Cannibalization--The dismantling of equipment for parts to
repair or enhance other equipment. The residual is reported for
disposal. Cannibalization is only authorized if the property value is
greater when cannibalized than retention in the original condition.
(b) Education-related Federal equipment--Equipment that is
appropriate for educational purposes.
(c) Excess personal property--Items of personal property no longer
required by the controlling Federal agency.
(d) Research equipment--Federal property determined to be essential
to
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conduct scientific or technical educational research.
(e) Technical and scientific education and research activities--
Non-profit tax exempt public educational institutions or government
sponsored research organizations which serve to conduct technical and
scientific education and research.
Sec. 2812.4 Procedures.
(a) Prior to receipt of excess personal property/equipment under
this part, the donee shall enter into a gift/acceptance agreement with
the donor agency. A copy of that agreement is attached as appendix A to
this part.
(b) Each agency head will designate in writing an authorized
official to approve donations of excess property/equipment under this
part.
(c) Property targeted for donation under this part will first be
screened as excess by USDA agencies through the Departmental Excess
Personal Property Coordinator (DEPPC) using the PMIS/PROP system.
(d) Upon reporting property for excess screening, if the pertinent
USDA agency has an eligible organization in mind for donation under
this part, enter ``P.L. 102-245'' in the note field. The property will
remain in the excess system approximately 30-45 days and, if no agency
in USDA requests it during the excess cycle, DEPPC will send the agency
a copy of the excess report stamped ``DONATION AUTHORITY TO THE HOLDING
AGENCY IN ACCORDANCE WITH P.L. 102-245.''
(e) Donations under this Part will be accomplished by preparing a
Standard Form (SF) 122, ``Transfer Order-Excess Personal Property'' and
a written justification statement (submitted by the recipient)
explaining why the property is needed.
(f) The SF-122 should be signed by both an authorized official of
the agency and the Agency Property Management Officer. The following
information should also be provided.
(1) Name and address of Donee Institution (Ship to)
(2) Agency name and address (holding Agency)
(3) Location of property
(4) Shipping instructions (Donee contact person)
(5) Complete description of property, including acquisition amount,
serial no., condition code, quantity, and agency order no.
(6) This statement needs to be added following property
descriptions. ``The property requested hereon is certified to be used
for the conduct of technical and scientific education and research
activities. This donation is pursuant to the provisions of Pub. L. 102-
245.''
(g) Once the excess personal property/equipment is physically
received, the donee is required to immediately return a copy of the SF-
122 to the donating agency indicating receipt of requested items.
Cancellations should be reported to DEPPC so the property can be
reported to the General Services Administration (GSA).
Note: The USDA agency shall send an informational copy of the
transaction to GSA.
Sec. 2812.5 Restrictions.
(a) The authorized official (see Sec. 2812.4(b)) will approve the
donation of excess personal property/equipment in the following groups
to educational institutions or nonprofit organizations for the conduct
of technical and scientific educational and research activities.
Eligible Groups
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FSC group Name
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19............................... Ships, Small Craft, Pontoons, and
Floating Docks.
23............................... Vehicles, Trailers and Cycles.
24............................... Tractors.
37............................... Agricultural Machinery and Equipment.
43............................... Pumps, Compressors.
48............................... Valves.
58............................... Communication, Detection, and
Coherent Radiation Equipment.
59............................... Electrical and Electronic Equipment
Components.
65............................... Medical, Dental, and Veterinary
Equipment and Supplies.
66............................... Instruments and Laboratory Equipment.
67............................... Photographic Equipment.
68............................... Chemicals and Chemical Products.
70............................... General Purpose Automatic Data
Processing Equipment, Software
Supplies, and Support Equipment.
74............................... Office Machines and Visible Record
Equipment.
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Note: Requests for items in FSC Groups or Classes other than the
above should be referred to the agency head for consideration and
approval.
(b) Excess personal property/equipment may be donated for
cannibalization purposes, provided the donee submits a supporting
statement which clearly indicates that cannibalizing the requested
property for secondary use has greater potential benefit than
utilization of the item in its existing form.
Sec. 2812.6 Title.
Title to excess personal property/equipment donated under this Part
will automatically pass to the donee once the sponsoring agency
receives the SF-122 indicating that the donee has received the
property.
Sec. 2812.7 Costs.
Donated excess personal property/equipment is free of charge.
However, the donee must pay all costs associated with packaging and
transportation, unless the sponsoring agency has made other
arrangements. The donee should specify the method of shipment.
Sec. 2812.8 Accountability and recordkeeping.
USDA requires that property requested by a donee be placed into use
by the donee within a year of receipt and used for at least 1 year
thereafter. Donees must maintain accountable records for such property
during this time period.
Sec. 2812.9 Disposal.
When the property is no longer needed by the donee, it may be used
in support of other Federal projects or sold and the proceeds used for
technical and scientific education and research activities.
Sec. 2812.10 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/equipment donated under this part. The donee is advised to
insure or otherwise protect itself and others as appropriate.
Appendix A to Part 2812--Gift/Acceptance Agreement; Educational
Institution or NonProfit Organization and The United States Department
of Agriculture
Gift/Acceptance Agreement (Agreement) between (USDA Agency) and
(Educational Institution or NonProfit Organizations).
(1) Purpose. The purpose of the Agreement is to establish a
relationship between the U.S. Department of Agriculture (USDA
Agency) and (Educational Institution or NonProfit Organization)
concerning the transfer of excess research equipment to this
educational institution or nonprofit organization for the conduct of
technical and scientific education and research activities. Title of
ownership transfers to the recipient.
(2) Authority. Pub. L. 102-245, Sec. 303, amended, Section 11 of
the Stevenson-Wydler Technology Innovation Act of 1980, by adding
subsection (i), Research Equipment, which provides that ``the
Director of the laboratory, or the head of any Federal agency or
department, may give research equipment that is excess to the needs
of the laboratory, agency, or department to an educational
institution or non-profit organization for the conduct of technical
and scientific education and research activities.''
(3) Objectives and program elements. This Agreement is intended
to provide a
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mechanism for the transfer of excess research equipment from USDA to
the (Educational Institution or Nonprofit Organization) in
accordance with the procedures set out in the regulations
implementing Pub. L. 102-245.
(4) Management. In order to enable close collaboration, it is
agreed that the (Educational Institution or NonProfit Organization)
will provide to (USDA Agency) an annual inventory listing of
property acquired under Pub. L. 102-245.
The (USDA Agency) and (Educational Institution or NonProfit
Organization) will each identify a coordinator to implement this
Agreement. These coordinators shall meet when necessary to review
new Federal property regulations.
The coordinators shall seek to resolve any disputes concerning
the Agreement through good faith discussions.
(5) Effective date and revision or termination. The Agreement
shall enter into effect upon signature and shall remain in effect
for 3 years. It may be extended or amended by written agreement of
the parties at any time prior to its expiration or termination. The
Agreement may be terminated at any time upon 60 days written notice
by either party to the other. The termination of the Agreement shall
not affect the validity of any property transactions under the
Agreement which were initiated prior to such termination.
Property Coordinators
The property coordinators for this Agreement are:
Name-------------------------------------------------------------------
(Educational Institution/NonProfit Organization)
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(Complete Address and Phone Number)
Name-------------------------------------------------------------------
(USDA Coordinator)
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(Complete Address and Phone Number)
Approved:
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(Educational Institution/NonProfit Organization)
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Date
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(USDA Agency Head)
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Date
[FR Doc. 95-16285 Filed 6-30-95; 8:45 am]
BILLING CODE 3410-01-M
