[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]



-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 

[[Page 34457]]
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                            
------------------------------------------------------------------------
            FSC group                               Name                
------------------------------------------------------------------------
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.                          
------------------------------------------------------------------------

    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 

[[Page 34458]]
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)

----------------------------------------------------------------------
(Complete Address and Phone Number)

Name-------------------------------------------------------------------
(USDA Coordinator)

----------------------------------------------------------------------
(Complete Address and Phone Number)

Approved:

----------------------------------------------------------------------
(Educational Institution/NonProfit Organization)

----------------------------------------------------------------------
Date

----------------------------------------------------------------------
(USDA Agency Head)

----------------------------------------------------------------------
Date

[FR Doc. 95-16285 Filed 6-30-95; 8:45 am]
BILLING CODE 3410-01-M