Title to the vehicle rests with the holding agency until the SF 97 is signed by the donee upon receipt of the surplus motor vehicle. (If applicable under the terms of the donation, the title will be conditional until the end of the period of restriction).
Sec. Appendix A to Part 102-37--Miscellaneous Donation Statutes
The following is a listing of statutes which authorize donations which do not require GSA's approval:
Statute: 10 U.S.C. 2572.
Donor Agency: Any military department (Army, Navy, and Air Force) or the Coast Guard.
Type of Property: Books, manuscripts, works of art, historical artifacts, drawings, plans, models, and condemned or obsolete combat material.
Eligible Recipients: Municipal corporations; soldiers' monument associations; museums, historical societies, or historical institutions of a State or foreign nation; incorporated museums that are operated and maintained for educational purposes only and the charters of which denies them the right to operate for profit; posts of the Veterans of Foreign Wars of the United States or of the American Legion or a unit of any other recognized war veterans' association; local or national units of any war veterans' association of a foreign nation which is recognized by the national government of that nation or a principal subdivision of that nation; and posts of the Sons of Veterans Reserve.
Statute: 10 U.S.C. 7306.
Donor Agency: Department of the Navy.
Type of Property: Any vessel stricken from the Naval Vessel Register or any captured vessel in the possession of the Navy.
Eligible Recipients: States, Commonwealths, or possessions of the United States; the District of Columbia; and not-for-profit or nonprofit entities.
Statute: 10 U.S.C. 7541.
Donor Agency: Department of the Navy.
Type of Property: Obsolete material not needed for naval purposes.
Eligible Recipients: Sea scouts of the Boy Scouts of America; Naval Sea Cadet Corps; and the Young Marines of the Marine Corps League.
Statute: 10 U.S.C. 7545.
Donor Agency: Department of the Navy.
Type of Property: Captured, condemned, or obsolete ordnance material, books, manuscripts, works of art, drawings, plans, and models; other condemned or obsolete material, trophies, and flags; and other material of historic interest not needed by the Navy.
Eligible Recipients: States, territories, commonwealths, or possessions of the United States, or political subdivisions or municipal corporations thereof; the District of Columbia; libraries; historical societies; educational institutions whose graduates or students fought in World War I or World War II; soldiers' monument associations; State museums; museums operated and maintained for educational purposes only, whose charter denies it the right to operate for profit; posts of the Veterans of Foreign Wars of the United States; American Legion posts; recognized war veterans' associations; or posts of the Sons of Veterans Reserve.
Statute: 14 U.S.C. 641(a).
Donor Agency: Coast Guard.
Type of Property: Obsolete or other material not needed for the Coast Guard.
Eligible Recipients: Coast Guard Auxiliary; sea scout service of the Boy Scouts of America; and public bodies or private organizations not organized for profit.
Appendix B to Part 102-37--Elements of a State Plan of Operation
The following is the information and assurances that must be included in a SASP's plan of operation:
State Plan Requirements------------------------------------------------------------------------
(a) Designation of a SASP.... (1) Name the State agency that will be
(1) Name the State agency that will be
responsible for administering the plan.
(2) Describe the responsibilities vested
in the agency which must include the
authorities to acquire, warehouse and
distribute surplus property to eligible
donees, carry out other requirements of
the State plan, and provide details
concerning the organization of the
agency, including supervision, staffing,
structure, and physical facilities.
(3) Indicate the organizational status of
the agency within the State governmental
structure and the title of the State
official who directly supervises the
State agent.------------------------------------------------------------------------(b) Operational authority.... Include copies of existing State statutes
and/or executive orders relative to the
operational authority of the SASP. Where
express statutory authority does not
exist or is ambiguous, or where
authority exists by virtue of executive
order, the plan must include also the
opinion of the State's Attorney General
regarding the existence of such
authority.------------------------------------------------------------------------(c) Inventory control and (1) Require the SASP to use a management
accounting system. control and accounting system that
effectively governs the utilization,
inventory control, accountability, and
disposal of property.
(2) Provide a detailed explanation of the
inventory control and accounting system
that the SASP will use.
(3) Provide that property retained by the
SASP to perform its functions be
maintained on separate records from
those of donable property.------------------------------------------------------------------------(d) Return of donated (1) Require the SASP to provide for the
property. return of donated property from the
donee, at the donee's expense, if the
property is still usable as determined
by the SASP; and
(i) The donee has not placed the property
into use for the purpose for which it
was donated within 1 year of donation;
or
(ii) The donee ceases to use the property
within 1 year after placing it in use.
(2) Specify that return of property can
be accomplished by:
(i) Physical return to the SASP facility,
if required by the SASP.
(ii) Retransfer directly to another
donee, SASP, or
Federal agency, as required by the SASP.
(iii) Disposal (by sale or other means)
as directed by the SASP.
(3) Set forth procedures to accomplish
property returns to the SASP,
retransfers to other organizations, or
disposition by sale, abandonment, or
destruction.------------------------------------------------------------------------
(e) Financing and service (1) Set forth the means and methods for
charges. financing the SASP. When the State
authorizes the SASP to assess and
collect service charges from
participating donees to cover direct and
reasonable indirect costs of its
activities, the method of establishing
the charges must be set forth in the
plan.
(2) Affirm that service charges, if
assessed, are fair and equitable and
based on services performed (or paid
for) by the SASP, such as screening,
packing, crating, removal, and
transportation. When the SASP provides
minimal services in connection with the
acquisition of property, except for
document processing and other
administrative actions, the State plan
must provide for minimal charges to be
assessed in such cases and include the
bases of computation.
(3) Provide that property made available
to nonprofit providers of assistance to
homeless individuals be distributed at a
nominal cost for care and handling of
the property.
(4) Set forth how funds accumulated from
service charges, or from other sources
such as sales or compliance proceeds are
to be used for the operation of the SASP
and the benefit of participating donees.
(5) Affirm, if service charge funds are
to be deposited or invested, that such
deposits or investments are permitted by
State law and set forth the types of
depositories and/or investments
contemplated.
(6) Cite State authority to use service
charges to acquire or improve SASP
facilities and set forth disposition to
be made of any financial assets realized
upon the sale or other disposal of the
facilities.
(7) Indicate if the SASP intends to
maintain a working capital reserve. If
one is to be maintained, the plan should
provide the provisions and limitations
for it.
(8) State if refunds of service charges
are to be made to donees when there is
an excess in the SASP's working capital
reserve and provide details of how such
refunds are to be made, such as a
reduction in service charges or a cash
refund, prorated in an equitable manner.------------------------------------------------------------------------(f) Terms and conditions on (1) Require the SASP to identify terms
donated property. and conditions that will be imposed on
the donee for any item of donated
property with a unit acquisition cost of
$5,000 or more and any passenger motor
vehicle.
(2) Provide that the SASP may impose
reasonable terms and conditions on the
use of other donated property. If the
SASP elects to impose additional terms
and conditions, it should list them in
the plan. If the SASP wishes to provide
for amending, modifying, or releasing
any terms or conditions it has elected
to impose, it must state in the plan the
standards it will use to grant such
amendments, modifications or releases.
(3) Provide that the SASP will impose on
the donation of property, regardless of
unit acquisition cost, such conditions
involving special handling or use
limitations as GSA may determine
necessary because of the characteristics
of the property.------------------------------------------------------------------------(g) Nonutilized or Provide that, subject to GSA approval,
undistributed property. property in the possession of the SASP
which donees in the State cannot use
will be disposed of by:
(1) Transfer to another SASP or Federal
agency.
(2) Sale.
(3) Abandonment or destruction.
(4) Other arrangements.------------------------------------------------------------------------(h) Fair and equitable (1) Provide that the SASP will make fair
distribution. and equitable distribution of property
to eligible donees in the State based on
their relative needs and resources and
ability to use the property.
(2) Set forth the policies and detailed
procedures for effecting a prompt, fair,
and equitable distribution.
(3) Require that the SASP, insofar as
practicable, select property requested
by eligible donees and, if requested by
the donee, arrange for shipment of the
(i) Eligibility.............. (1) Set forth procedures for the SASP to
(1) Set forth procedures for the SASP to
determine the eligibility of applicants
for the donation of surplus personal
property.
(2) Provide for donee eligibility records
to include at a minimum:
(i) Legal name and address of the donee.
(ii) Status of the donee as a public
agency or as an eligible nonprofit
activity.
(iii) Details on the scope of the donee's
program.
(iv) Proof of tax exemption under section
501 of the Internal Revenue Code if the
donee is nonprofit.
(v) Proof that the donee is approved,
accredited, licensed, or meets any other
legal requirement for operation of its
program(s).
(vi) Financial information.
(vii) Written authorization by the
donee's governing body or chief
administrative officer designating at
least one person to act for the donee in
acquiring property.
(viii) Assurance that the donee will
comply with GSA's regulations on
nondiscrimination.
(ix) Types of property needed.------------------------------------------------------------------------
(j) Compliance and (1) Provide that the SASP conduct
utilization. utilization reviews for donee compliance
with the terms, conditions,
reservations, and restrictions imposed
by GSA and the SASP on property having a
unit acquisition cost of $5,000 or more
and any passenger motor vehicle.
(2) Provide for the reviews to include a
survey of donee compliance with any
special handling conditions or use
limitations imposed on items of property
by GSA.
(3) Set forth the proposed frequency of
such reviews and provide adequate
assurances that the SASP will take
effective action to correct
noncompliance or otherwise enforce such
terms, conditions, reservations, and
restrictions.
(4) Require the SASP to prepare reports
on utilization reviews and compliance
actions and provide assurance that the
SASP will initiate appropriate
investigations of alleged fraud in the
acquisition of donated property or
misuse of such property.------------------------------------------------------------------------(k) Consultation with (1) Provide for consultation with
advisory bodies and public advisory bodies and public and private
and private groups. groups which can assist the SASP in
determining the relative needs and
resources of donees, the proposed
utilization of surplus property by
eligible donees, and how distribution of
surplus property can be effected to fill
existing needs of donees.
(2) Provide details of how the SASP will
(1) Provide for periodic internal audits
of the operations and financial affairs
of the SASP.
(2) Provide for compliance with the
external audit requirements of Office of
Management and Budget Circular No. A-
133, ``Audits of States, Local
Governments, and Non-Profit
Organizations'' (available at
www.whitehouse.gov/OMB), and make
provisions for the SASP to furnish GSA
with:
(i) Two copies of any audit report made
pursuant to the Circular, or with two
copies of those sections that pertain to
the Federal donation program.
(ii) An outline of all corrective actions
and scheduled completion dates for the
actions.
(3) Provide for cooperation in GSA or
Comptroller General conducted audits.------------------------------------------------------------------------(m) Cooperative agreements... If the SASP wishes to enter into, renew,
or revise cooperative agreements with
GSA or other Federal agencies:
(1) Affirm the SASP's intentions to enter
into cooperative agreements.
(2) Cite the authority for entering into
such agreements.------------------------------------------------------------------------(n) Liquidation.............. Provide for the SASP to submit a
liquidation plan prior to termination of
the SASP activities if the State decides
to dissolve the SASP.------------------------------------------------------------------------(o) Forms.................... Include copies of distribution documents
used by the SASP.------------------------------------------------------------------------(p) Records.................. Affirm that all official records of the
SASP will be retained for a minimum of 3
years, except that:
(1) Records involving property subject to
restrictions for more than 2 years must
be kept 1 year beyond the specified
period of restriction.
(2) Records involving property with
perpetual restriction must be retained
in perpetuity.
(3) Records involving property in
noncompliance status must be retained
for at least 1 year after the
noncompliance case is closed.------------------------------------------------------------------------
Sec. Appendix C to Part 102-37--Glossary of Terms for Determining
Eligibility of Public Agencies and Nonprofit Organizations
The following is a glossary of terms for determining eligibility of public agencies and nonprofit organizations:
Accreditation means the status of public recognition that an accrediting agency grants to an institution or program that meets the agency's standards and requirements.
Accredited means approval by a recognized accrediting board or association on a regional, State, or national level, such as a State board of education or health; the American Hospital Association; a regional or national accrediting association for universities, colleges, or secondary schools; or another recognized accrediting association.
Approved means recognition and approval by the State department of education, State department of health, or other appropriate authority where no recognized accrediting board, association, or other authority exists for the purpose of making an accreditation. For an educational institution or an educational program, approval must relate to academic or instructional standards established by the appropriate authority. For a public health institution or program, approval must relate to the medical requirements and standards for the professional and technical services of the institution established by the appropriate authority.
Child care center means a public or nonprofit facility where educational, social, health, and nutritional services are provided to children through age 14 (or as prescribed by State law) and that is approved or licensed by the State or other appropriate authority as a child day care center or child care center.
Clinic means an approved public or nonprofit facility organized and operated for the primary purpose of providing outpatient public health services and includes customary related services such as laboratories and treatment rooms.
College means an approved or accredited public or nonprofit institution of higher learning offering organized study courses and credits leading to a baccalaureate or higher degree.
Conservation means a program or programs carried out or promoted by a public agency for public purposes involving directly or indirectly the protection, maintenance, development, and restoration of the natural resources of a given political area. These resources include but are not limited to the air, land, forests, water, rivers, streams, lakes and ponds, minerals, and animals, fish and other wildlife.
Drug abuse or alcohol treatment center means a clinic or medical institution that provides for the diagnosis, treatment, or rehabilitation of alcoholics or drug addicts. These centers must have on their staffs, or available on a regular visiting basis, qualified professionals in the fields of medicine, psychology, psychiatry, or rehabilitation.
Economic development means a program(s) carried out or promoted by a public agency for public purposes to improve the opportunities of a given political area for the establishment or expansion of industrial, commercial, or agricultural plants or facilities and which otherwise assist in the creation of long-term employment opportunities in the area or primarily benefit the unemployed or those with low incomes.
Education means a program(s) to develop and promote the training, general knowledge, or academic, technical, and vocational skills and cultural attainments of individuals in a community or given political area. Public educational programs may include public school systems and supporting facilities such as centralized administrative or service facilities.
Educational institution means an approved, accredited, or licensed public or nonprofit institution, facility, entity, or organization conducting educational programs or research for educational purposes, such as a child care center, school, college, university, school for the mentally or physically disabled, or an educational radio or television station.
Educational radio or television station means a public or nonprofit radio or television station licensed by the Federal Communications Commission and operated exclusively for noncommercial educational purposes.
Health center means an approved public or nonprofit facility that provides public health services, including related facilities such as diagnostic and laboratory facilities and clinics.
Historic light station means a historic light station as defined under section 308(e)(2) of the National Historic Preservation Act 16 U.S.C. 470w-7(e)2), including a historic light station conveyed under subsection (b) of that section, notwithstanding the number of hours that the historic light station is open to the public.
Homeless individual means:
(1) An individual who lacks a fixed, regular, and adequate nighttime residence, or who has a primary nighttime residence that is:
(i) A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill);
(ii) An institution that provides a temporary residence for individuals intended to be institutionalized; or
(iii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
(2) For purposes of this part, the term homeless individual does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State law.
Hospital means an approved or accredited public or nonprofit institution providing public health services primarily for inpatient medical or surgical care of the sick and injured and includes related facilities such as laboratories, outpatient departments, training facilities, and staff offices.
Library means a public or nonprofit facility providing library services free to all residents of a community, district, State, or region.
Licensed means recognition and approval by the appropriate State or local authority approving institutions or programs in specialized areas. Licensing generally relates to established minimum public standards of safety, sanitation, staffing, and equipment as they relate to the construction, maintenance, and operation of a health or educational facility, rather than to the academic, instructional, or medical standards for these institutions.
Medical institution means an approved, accredited, or licensed public or nonprofit institution, facility, or organization whose primary function is the furnishing of public health and medical services to the public or promoting public health through the conduct of research, experiments, training, or demonstrations related to cause, prevention, and methods of diagnosis and treatment of diseases and injuries. The term includes, but is not limited to, hospitals, clinics, alcohol and drug abuse treatment centers, public health or treatment centers, research and health centers, geriatric centers, laboratories, medical schools, dental schools, nursing schools, and similar institutions. The term does not include institutions primarily engaged in domiciliary care, although a separate medical facility within such a domiciliary institution may qualify as a medical institution.
Museum means a public or nonprofit institution that is organized on a permanent basis for essentially educational or aesthetic purposes and which, using a professional staff, owns or uses tangible objects, either animate or inanimate; cares for these objects; and exhibits them to the public on a regular basis (at least 1000 hours a year). As used in this part, the term museum includes, but is not limited to, the following institutions if they satisfy all other provisions of this definition: Aquariums and zoological parks; botanical gardens and arboretums; nature centers; museums relating to art, history (including historic buildings), natural history, science, and technology; and planetariums. For the purposes of this definition, an institution uses a professional staff if it employs at least one fulltime staff member or the equivalent, whether paid or unpaid, primarily engaged in the acquisition, care, or public exhibition of objects owned or used by the institution. This definition of museum does not include any institution that exhibits objects to the public if the display or use of the objects is only incidental to the primary function of the institution.
Nationally recognized accrediting agency means an accrediting agency that the Department of Education recognizes under 34 CFR part 600. (For a list of accrediting agencies, see the Department's web site at http://www.ed.gov/admins/finaid/accred)
Nonprofit means not organized for profit and exempt from Federal income tax under section 501 of the Internal Revenue Code (26 U.S.C. 501).
Parks and recreation means a program(s) carried out or promoted by a public agency for public purposes that involve directly or indirectly the acquisition, development, improvement, maintenance, and protection of park and recreational facilities for the residents of a given political area.
Program for older individuals means a program conducted by a State or local government agency or nonprofit activity that receives funds appropriated for services or programs for older individuals under the Older Americans Act of 1965, as amended, under title IV or title XX of the Social Security Act (42 U.S.C. 601 et seq.), or under titles VIII and X of the Economic Opportunity Act of 1964 (42 U.S.C. 2991 et seq.) and the Community Services Block Grant Act (42 U.S.C. 9901 et seq.).
Provider of assistance to homeless individuals means a public agency or a nonprofit institution or organization that operates a program which provides assistance such as food, shelter, or other services to homeless individuals.
Provider of assistance to impoverished families and individuals means a public or nonprofit organization whose primary function is to provide money, goods, or services to families or individuals whose annual incomes are below the poverty line (as defined in section 673 of the Community Services Block Grant Act) (42 U.S.C. 9902). Providers include food banks, self-help housing groups, and organizations providing services such as the following: Health care; medical transportation; scholarships and tuition assistance; tutoring and literacy instruction; job training and placement; employment counseling; child care assistance; meals or other nutritional support; clothing distribution; home construction or repairs; utility or rental assistance; and legal counsel.
Public agency means any State; political subdivision thereof, including any unit of local government or economic development district; any department, agency, or instrumentality thereof, including instrumentalities created by compact or other agreement between States or political subdivisions; multijurisdictional substate districts established by or pursuant to State law; or any Indian tribe, band, group, pueblo, or community located on a State reservation.
Public health means a program(s) to promote, maintain, and conserve the public's health by providing health services to individuals and/or by conducting research, investigations, examinations, training, and demonstrations. Public health services may include but are not limited to the control of communicable diseases, immunization, maternal and child health programs, sanitary engineering, sewage treatment and disposal, sanitation inspection and supervision, water purification and distribution, air pollution control, garbage and trash disposal, and the control and elimination of disease-carrying animals and insects.
Public health institution means an approved, accredited, or licensed public or nonprofit institution, facility, or organization conducting a public health program(s) such as a hospital, clinic, health center, or medical institution, including research for such programs, the services of which are available to the public.
Public purpose means a program(s) carried out by a public agency that is legally authorized in accordance with the laws of the State or political subdivision thereof and for which public funds may be expended. Public purposes include but are not limited to programs such as conservation, economic development, education, parks and recreation, public health, public safety, programs of assistance to the homeless or impoverished, and programs for older individuals.
Public safety means a program(s) carried out or promoted by a public agency for public purposes involving, directly or indirectly, the protection, safety, law enforcement activities, and criminal justice system of a given political area. Public safety programs may include, but are not limited to those carried out by:
(1) Public police departments.
(2) Sheriffs' offices.
(3) The courts.
(4) Penal and correctional institutions (including juvenile facilities).
(5) State and local civil defense organizations.
(6) Fire departments and rescue squads (including volunteer fire departments and rescue squads supported in whole or in part with public funds).
School (except schools for the mentally or physically disabled) means a public or nonprofit approved or accredited organizational entity devoted primarily to approved academic, vocational, or professional study and instruction, that operates primarily for educational purposes on a full-time basis for a minimum school year and employs a full-time staff of qualified instructors.
School for the mentally or physically disabled means a facility or institution operated primarily to provide specialized instruction to students of limited mental or physical capacity. It must be public or nonprofit and must operate on a full-time basis for the equivalent of a minimum school year prescribed for public school instruction for the mentally or physically disabled, have a staff of qualified instructors, and demonstrate that the facility meets the health and safety standards of the State or local government.
University means a public or nonprofit approved or accredited institution for instruction and study in the higher branches of learning and empowered to confer degrees in special departments or colleges.
Veterans Organizations means organizations eligible to receive Federal surplus property for purposes of providing services to veterans under 40 U.S.C. 549(c)(3)(C). Eligible veterans organizations are those whose (1) membership comprises substantially veterans (as defined under 38 U.S.C. 101); and (2) representatives are recognized by the Secretary of Veterans Affairs under 38 U.S.C. 5902. The Department of Veterans Affairs maintains a searchable Web site of recognized organizations. The address is http://www.va.gov/ogc/apps/accreditation/index.asp. [67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006; 72 FR 12572, Mar. 16, 2007; 79 FR 64515, Oct. 30, 2014]