913 ELIGIBILITY

913.1 Pursuant to FPMR 101-44.207(e), the State Agency (D.C. SASP) is responsible for the determination that an applicant is eligible as a public agency or a non-profit educational or public health institution or organization to participate in the program and receive donations of surplus personal property. However, in establishing eligibility, the standards and guidelines as set forth in FPMR 101-44.207 shall be utilized, as well as the final approval of the Director of the Department of Administrative Services.

913.2 Surplus property may be donated through SASP to any public agency in the District of Columbia that carries out or promotes one or more public purpose.

913.3 For the purposes of this section, a public agency, as defined in FPMR 101-44.001-10, includes any political subdivision thereof, including any unit of local government or economic development district; or any department, agency, 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.

913.4 For the purposes of this section, public purpose, as defined in FPMR 101-44.207(a)(22), means a program or programs carried out by a public agency which are 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, and public safety.

913.5 Surplus property may be donated through SASP to non-profit educational or public health institutions, or tax-exempt organizations within the District of Columbia that are classified as medical institutions, hospitals, clinics, health centers, schools, colleges, universities, schools for the mentally retarded, schools for the physically handicapped, child care centers, radio and television stations licensed by the FCC as educational, museums attended by the public, and libraries serving free all residents of the District of Columbia.

913.6 A non-profit, tax-exempt institution, as defined in FPMR 101-44.207(17), includes any educational or public health institution or organization of which no part of the net-earnings inures or may lawfully inure to the benefit of any private shareholder or individual, and which has been held to be tax-exempt under the provisions of §501 of the Internal Revenue Code of 1954.

913.7 The SASP shall provide full assistance to the perpetual development of potential donees in the District of Columbia with constant vigilance towards manifesting optimum program participation.

SOURCE: Final Rulemaking incorporating 24 DCR 1705, 1723 (August 19, 1977).