(a) A transferee may permit the use of all or a portion of the surplus property by another eligible entity as described in § 12a.1 for homeless assistance purposes, only upon those terms and conditions HHS determines appropriate, if:
- (1) The transferee submits a written request to HHS explaining the purpose of and need for another eligible entity's use of the property, program plan, and other relevant information requested by HHS;
- (2) HHS determines that the proposed use would not substantially limit the program and plan of use by the transferee and that the use will not unduly burden the Federal Government;
- (3) HHS's written consent is obtained by the transferee in advance;
- (4) HHS approves the use instrument in advance and in writing;
- (5) The transferee agrees to lengthen the period of restrictions as determined by HHS; and
- (6) HHS advises GSA and there is no disapproval by GSA within thirty (30) days.