Page:United States Statutes at Large Volume 90 Part 2.djvu/985

 PUBLIC LAW 94-519—OCT. 17, 1976 " ( i i i) The State plan shall require the State agency, insofar as practicable, to select property requested by a public agency or other eligible institution within the State and, if so requested by the recipient, to a r r a n g e shipment of that property, when acquired, directly to the recipient. " (U) Where the State agency is authorized to assess and collect service charges from participating recipients to cover direct and reasonable indirect costs of its activities, the method of establishing such charges shall be set out in the State plan of operation. Such charges shall be fair and equitable and shall be based on services performed by the State agency, including, but not limited to, screening, packing, crating, removal, and transportation. " (E) The State plan of operation shall provide that the State agency may impose reasonable terms, conditions, reservations, and restrictions on the use of property to be donated under paragraph (3) of this subsection and shall impose such terms, conditions, reservations, and restrictions in the case of any passenger motor vehicle and any item of other property having a unit acquisition cost of $3,000 or more. If the Administrator finds that an item or items have characteristics that require special handling or use limitations, he may impose appropriate conditions on the donation of such property. " (F) The State plan of operation shall provide that surplus property which the State agency determines cannot be utilized by eligible recipients shall be disposed of—• " (i) subject to the disapproval of the Administrator within t h i r t y days after notice to him, through transfer by the State agency to another State agency or through abandonment or destruction where the property has no commercial value or the estimated cost of its continued care and h and l i n g would exceed the estimated proceeds from its sale; or " ( i i) otherwise pursuant to the provisions of this Act under such terms and conditions and in such manner as may be prescribed by the Administrator. Notwithstanding sections 204 and 402(c) of this Act, the Adininistrator, from the proceeds of sale of any such property, may reimburse the State agency for such expenses relating to the care and handling of such property as he shall deem appropriate. " (5) As used in this subsection, (A) the term 'public agency' means any State, 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), or any Indian tribe, band, group, pueblo, or community located on a State reservation and (B) the term 'State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Virgin Islands, Guam, and American Samoa.". (2) Subsection (k) is amended— (A) in the first sentence of paragraph (4), immediately following the word "subsection", by adding ", except with respect to personal property transferred pursuant to subsection (j) "; (B) in subparagraph (4)(C), by inserting "or" immediately after the semicolon; (C) in subparagraph (4)(D), immediately following the words "armed forces", by striking o u t "; or" and inserting in lieu thereof a period; and (D) by striking out subparagraph (4)(E). (3) Subsection (n) is amended to read as follows:

90 STAT. 2453

40 USC 485, 512. "Public agency." , "State."

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