Page:United States Statutes at Large Volume 116 Part 2.djvu/309

 PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1091 basis, taking into account the condition of the property as well as the original acquisition cost of the property. (3) RECIPIENTS AND PURPOSES.— The Administrator shall transfer to a state agency property the state agency selects for distribution through donation within the State— (A) to a public agency for use in carrying out or promoting, for residents of a given political area, a public purpose, including conservation, economic development, education, parks and recreation, public health, and public safety; or (B) for purposes of education or public health (including research), to a nonprofit educational or public health institution or organization that is exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501), including— (i) a medical institution, hospital, clinic, health center, or drug abuse treatment center; (ii) a provider of assistance to homeless individuals or to families or individueJs whose annual incomes are below the poverty line (as that term is defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902)); (iii) a school, college, or university; (iv) a school for the mentally retarded or physically handicapped; (v) a child care center; (vi) a radio or television station licensed by the Federal Communications Commission as an educational radio or educational television station; (vii) a museum attended by the public; or (viii) a librEu-y serving free all residents of a community, district. State, or region. (4) EXCEPTION. —T h is subsection does not apply to property transferred under subsection (d). (d) DEPARTMENT OF DEFENSE PROPERTY.— (1) DETERMINATION.—The Secretary of Defense shall determine whether surplus personal property under the control of the Department of Defense is usable and necessary for educational activities which are of special interest to the armed services, including maritime academies, or military, naval, Air Force, or Coast Guard preparatory schools. (2) PROPERTY USABLE FOR SPECIAL INTEREST ACTIVITIES. — If the Secretary of Defense determines that the property is usable and necessary for educational activities which are of special interest to the armed services, the Secretary shall allocate the property for transfer by the Administrator to the appropriate state agency for distribution through donation to the educational activities. (3) PROPERTY NOT USABLE FOR SPECIAL INTEREST ACTIVI- TIES.— I f the Secretary of Defense determines that the property is not usable and necessary for educational activities which are of special interest to the armed services, the property may be disposed of in accordance with subsection (c). (e) STATE PLAN OF OPERATION.— (1) IN GENERAL.— Before property may be transferred to a state agency, the State shall develop a detailed state plan

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