xt708k74xh0w https://exploreuk.uky.edu/dips/xt708k74xh0w/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1958-12 bulletins  English Frankford, Ky. : Dept. of Education  This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Educational Bulletin (Frankfort, Ky.) Education -- Kentucky Educational Bulletin (Frankfort, Ky.), "Federal Surplus Property Utilization Manual: Health, Education, Civil Defense", vol. XXVI, no. 12, December 1958 text 
volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. Educational Bulletin (Frankfort, Ky.), "Federal Surplus Property Utilization Manual: Health, Education, Civil Defense", vol. XXVI, no. 12, December 1958 1958 1958-12 2022 true xt708k74xh0w section xt708k74xh0w 0 Commonwealth of Kentucky 0

EDUCATIONAL BULLETIN

 

 

 

 

    

:35; PROPERTY
=55. UTILIZATION

Education

 

 

Civil Defense

-—I I‘ /
‘82?

Published by

DEPARTMENT OF EDUCATION

ROBERT E. MARTIN
Superintendent of Public Instruction

 

 

 

ISSUED MONTHLY

Entered as second—class matter March 21, 1933 at the post office at
P0SF‘I'ankfort, Kentucky under the Act of August 24, 1912.
TMASTER: send notices of changes of address on form 3579.

XXVI DECEMBER, 1958 No.12

 

  

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 FOREWORD

This bulletin presents laws, regulations and procedures Which
constitute the basis whereby the Division of Property Utilization
may attain fair and equitable distribution of surplus property.

This Bulletin has been prepared for the purpose of making
available information for putting into operation these procedures
,by educational and health institutions and civil defense organizations
in the Commonwealth of Kentucky.

All attempt has been made to summarize the federal and state
laws and regulations with which one participating in the program
should be familiar. The essential parts of these laws and regulations
will be found in Chapter I.

The other chapters give, more or less in detail, a description of
the types of institutions and organizations which may become eligi-
ble to receive surplus property. They outline the procedures to be
followed in establishing eligibility, list the terms and conditions
on which property may be acquired, and give the disposal procedures
for any property that can no longer be used for the purpose for
Which it was acquired.

This Bulletin was prepared by Gordie Young, former Assistant
Superintendent of Public Instruction, in cooperation with J. B. Wil-
hams, Director of the Division of Property Utilization, T. O. Thomp-
5011, Assistant Director, Sara II. Bodkin, Administrative Assistant,
311d other staff members. Mr. Young has been closely associated
“’1ththe surplus property program in Kentucky since its beginning
and is eminently qualified for this authorship.

Icall attention of administrative officials as well as authorized
lepresentatives of all donee institutions or organizations to the
Importance of becoming well acquainted with the facts and pI‘O-
ctdures outlined. Such knowledge will help to eliminate misunder—
Standings and save confusion in property utilization.

.Irecommend this Manual for study and as a reference for all
ihartles who are interested in the proper procedures in the procure-
ant, use and disposal of surplus property in Kentucky.

ROBERT E. MARTIN
Superintendent of Public Instruction

1141

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

INTRODUCTION

The purpose of this Manual is to explain the why of surplus
property and to outline procedures to be followed in acquiring this
property, in Kentucky, by educational and health institutions and
civil defense organizations.

The information contained in this Manual and the procedures
outlined are based upon Federal and State Laws and Federal and
State Regulations. The essential parts of these laws and regulations
will be found in Chapter I.

An attempt has been made to anticipate some questions and
to answer a majority of the inquiries made of this Division by ad-
ministrators and authorized representatives of educational and
health institutions and civil defense organizations.

If answers to your questions or solutions to your problems are
not found in this Manual, we want you to feel free to eOntact us on
such matters concerning the Surplus Property Program. As you well
realize, all possible questions and details cannot be covered in a
Manual of this type. For that reason, we want your inquiries, and
also your suggestions for improving our services to you.

Attention is called to the Items C and D of Chapter III. These
cover the operation of the Division and visits to the warehouse. We
hope that this information will be of assistance to those who would
like to visit the Division office and the warehouse.

Your attention is called to the detailed statements of certifica-
tions, terms, covenants and agreements which must be followed by
all donees as a consideration for the receipt and use of surplus PTOP‘
erty. These detailed statements will be found in Chapter VI. These
must be observed and followed in order to comply With the Federal
and State Laws as stated in Chapter I.

The first step in acquiring surplus property is that of establish—
ing eligibility. Only approved or accredited applicants may be con-
sidered for approval in establishing eligibility as required by FEd'
eral and State Laws.

After aPproved or accredited status has been established, 0th:
facts are required to be filed with the Division which must be 00
sidered in determining eligibility.

1142

 

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The next step after establishing approved or accredited status,
is that of appointing an authorized representative. All approved or
accredited applicant school systems, educational institutions, health
institutions, and civil defense organizations must appoint such a
representative. This representative must have authority to select
property and sign papers binding the applicant-donee to the terms,
covenants and conditions required by law and regulations. Forms for
this purpose will be furnished by the Division.

Attention is called to Chapter IV for detailed procedures to
be followed by all applicants of donee, educational and health in-
stitutions and civil defense organizations.

When completed applications have been received with the
necessary Supporting data and with copies of certain required at-
tached information, a determination of eligibility Will be made by
the Division, and the applicant will be notified of the determination.

Sample forms will be found in Chapter X for use in appointing
an authorized representative showing approved or accredited status
311d for filing the required information by Which eligibility may be
determined,

J. B. WILLIAMS, DIRECTOR
Division of Property Utilization

1143

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

John

L. H.

ACKNOWLEDGMENTS guilt

To the following persons we Wish to express our appreciation for Phi:
their help and assistance. R. B.
Mr. Dan S. Tuttle .......... Kentucky T. B. Hospital Commission Robe]
Mr. Paul Hackney .............. Kentucky Department of Health L_H,
Mr. W. A. Kanzinger ........... Kentucky Department of Health Willi
Dr. H. L. McPheeters. . . .Kentucky Department of Mental Health Litte:
Dr. M. J. Clarke ........................ Department of Welfare ROSC<
Gen. J. S. Lindsey ...................... Kentucky Civil Defense P1938
Col. Leon Reed ........................ Kentucky Civil Defense H???
Mr. Ted Gilbert ............. Kentucky Department of Education Wllh
Mr. Walter \V. Roschi ....... Kentucky Department of Education ‘
l grati

PROPERTY UTILIZATION COMMITTEE State

(Advisory Council on Public Education) ll‘lm]

16S

Dr. Richard VanHoose, Chairman, Supt, Jefferson Co. Schools,
618 W. Jefferson St, Louisville 2, Ky.
O. A. Adams, Supt, \Vinchester Ind. Schools, Winchester, K)"
Paul K. Teague, Supt, Jackson Co. Schools, McKee, Ky. 1
Hysell Burchett, Supt, Van Lear Ind. Schools, Van Lear, KY- 1
William A. Cheek, Supt, Lawrence Co. Schools, Louisa, KY'
Ted Crosthwait, Supt, Bardstoxvn Ind. Schools, Bardstown, K)"
W. R. Davis, Supt, Beechwood Ind. Schools,
South Fort Mitchell,Ky.
Joe P. Duke, Supt, Benton Ind. Schools, Benton, Ky.
R. G. Eversole, Supt, Hazard Ind. Schools, Hazard, Ky.
Tom L. Gabbard, Supt, Silver Grove Ind. Schools, Silver Grove, Ky-
Arnold F. Guess, Supt, Boyd Co. Schools, Catlettsburg, KY-
Thomas N. McCoy, Supt, Catlettsburg Ind. Schools,
Catlettsburg, Ky.
Ova A. Haney, Supt, LaRue Co. Schools, IIoclg'ellville, Ky.
Hubert Hume, Supt, Mason Co. Schools, Maysville, Ky.
Buron Jeffrey, Supt, Calloway Co. Schools, Murray, KY-
Earl E. Keen, Supt, Leslie Co. Schools, IIydcn, Ky.
W. L. Knuckles, Jr., Supt, Bracken Co. Schools, Brooksville, Kl“
Gladstone Koffinan, Supt, Hopkinsville Ind. Schools,
Hopkinsville, Ky.

1144

 

  

ciation for

ommission
of Health
of Health
31 Health
.’ Welfare
l Defense
_ Defense
lducation
lducation

Schools,

ve, KY-

Ky.

 

John W. Long7 Supt, Henry Co. Schools, New Castle, Ky.

L. H. Lutes, Supt, Falmouth Ind. Schools, Falmouth, Ky.

Curtis McDaniel, Supt, Laurel Co. Schools, London, Ky.

Joda Milbern, Supt, Lincoln Co. Schools, Stanford, Ky.

Paris Fred Johnson, Supt, Raceland Ind. Schools, Raceland, Ky.
R. B. Piper, Supt, Logan Co. Schools, Russellville, Ky.

Robert Polston, Supt, Clinton CO. Schools, Albany, Ky.

L. H. Robinson, Assistant Supt, Clinton CO. Schools, Albany, Ky.
William F. Russell, Supt, Paris Ind. Schools, Paris, Ky.

Litten R. Singleton, Supt, Berea Ind. Schools, Berea, Ky.

Roscoe Stephens, Supt, Greenup Co. Schools, Greenup, Ky.

Pleas Turner, Supt, Cwsley Co. Schools, Booneville, Ky.

Harold Murphy, Supt, Casey Co. Schools, Liberty, Ky.

William T. Harris, Supt, Gallatin County Schools, Warsaw, Ky.

We wish to recognize and express our deepest appreciation and
gratitude on behalf of recipient institutions to these persons in both
State and Federal governments who have so unselfishly rendered
invaluable services in assisting the Division in its many functions.
These groups are as follows:

1.

PI

‘1

Members of Congress, especially Committees on inter-
governmental operations.

Members of the Department of Defense and Federal Inde-
pendent Agencies.

Property disposal officers of Federal installations especially
those in Kentucky.

General Services Administration.

Central and Regional Offices of the Department of Health;
Education and Welfare.

. State Directors and members of the National Association Of

State Agencies for Surplus Property.

Kentucky State Executive Officers and Smffi

Staff members and employees of the Kentucky Division Of
Property Utilization.

1145

 

 

 

 

  

 

 

 

 

 

 

 

 

KPU-100

1il’U-105

KPU-llO

KPU—llS

K PU-l 20

KPU-l 25

KPU—130

KPH-1 40

KPH-150A
KPU-l 50B

Resolutions for all Applicants
Appointing an Authorized

Representative ................. 1220
Form for Listing Approved

Health Institutions ............. 1220
Form for Listing Approved Civil
Defense Organizations ........... 1221

Application for Determining
Eligibility of Educational ln-
stitutions ...................... 1221
Application for Determining
Eligibility of Health Institutions. .1221
Application for Determining
Eligibility of Civil Defense

Organizations .................. 1222
Civil Defense Requisition ........ 1222
List of Private, Non-Profit,

Tax-Exempt Schools ............ 1222
\Varehouse lnvoiee .............. 1223

\Varehonse l‘nvoiee Attachment ..1223

Appendix—Court of Appeals Decision ...................... 1240

1148

 

 

 

 4;. W:

3%”?

Surplus Laboratory

 

  

CHAPTER I

STATE BOARD OF EDUCATION

REGULATIONS AND LAWS AFFECTING SURPLUS PROPERTY
A. REGULATIONS:

 

 

 

 

 

 

 

 

 

 

 

 

27.020. Organization and Authority.
(4) Division authorized to acquire Federal personal property.
The Division of Property Utilization is hereby authorized to
acquire, warehouse, distribute, transfer, retransfer, recapture,
revert and dispose of Federal personal property and to assist
in the acquisition, conveyance, reconveyance, recapture, re-
vision and disposal of Federal real and related personal prop-
erty from time to time under such rules and regulations as
may be hereafter adopted for this purpose on the recommen-
dation of the Superintendent of Public Instruction. Such
regulations shall be in conformity with the Federal Property
and Administrative Service Act of 1949, (63 Stat. 377, as
amended).
(5) Charge transferees fees.
The Division of Property Utilization is hereby authorized to
charge transferees, recipients and entities such fees as may be
required in connection with Federal property acquired, ware-
housed, distributed, transferred, conveyed or reconvcyed and
may require them to pay such charges or fees, if any, 011. QI‘PP'
erty recaptured, reverted or disposed of by such DIYISIO11
when action pertains to the property on which title is 1‘0‘
stricted by the United States of America, rules, regulations 01‘
orders of the State Board of Education and in accordance
with such rules and regulations as may be apprOVed by thls
Board for this purhose upon the recommendation of the S“
periutendent of Public Instruction.
(6) Enter into contracts, agreements and undertakings
The IMydsion of Property lWihzathniis hereby authormedto
make such certifications, take such action, to make 8110119“
pendituies and enter into such contracts, agreements and 1111
dertakings £01 and in the name of the State Department Of
Education, requi1e such reports and make such investigatlons
as may be required by law or regulation by the United States
of America in connection with acquiring, conveying: ”0011'

1150

 

  

OPERTY

property.
orized to
acapture,
to assist
ture, re-
ial prop-
,tions as
aommen-
1. Such
’roperty
377, as

'ized to
may be
, ware-
ed and
1 prop-
ivision
is re-
ons or
dance

y this

1e Su-

s.

ed to
11 ex-
d 1111-
nt of
tionS
tates
)COH‘

veying, recapturing, reverting and disposing of Federal real
and related personal property prior to such property being
or after such property has been quitclaimed or otherwise con—
veyed to transferees and such Division may take similar ac-
tions for the purpose of acquiring, warehousing, distributing,
transferring, retransferring, recapturing, reverting, and dis-
posing of Federal personal property prior to such property
being or after such property is in possession of recipients in
accordance with such rules and regulations as may be adopted
by the Board of Education on the recommendation of the
Superintendent of Public Instruction.

(7) Authorized to receive, approve or disapprove and
process.

The Division of Property Utilization is hereby authorized to
receive, approve or disapprove and process applications for
Eligible entities or agencies which need and can utilize Fed-
eral personal and real and related personal property, make
recommendations regarding such need and suitability for the
use of such property in accordance with such rules and
regulations as may be hereafter approved by this Board on
the recommendation of the Superintendent of Public In-
struction.

(8) Make investigations.

The Division of Property Utilization is hereby authorized,
following conveyance of any property, to conduct such sur-
Veys, make such investigations and such inspections as may be
necessary to determine if transferees are utilizing such prop-
erty in conformance with the reservations and restrictions
contained in any Federal or State document or Federal in-
strument of conveyance and shall make reports and recom-
mendations to the Federal government for the purpose of
reconveying such property for use of eligible applicants or for
the purpose of recapturing such property for the United
States of America in accordance With such rules and regula-
tions as the Board may adopt on the recommendation of the
Superintendent of Public Instruction.

(9) Enter into contracts.

The Division of Property Utilization is hereby authorized, on
approval of the Superintendent of Public Instruction, to
enter into contracts, compact and cooperative agreements tor
and on behalf of the part of the Department of Education

1151

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

with several states or the Federal government, singularly or
severally, in order to provide, with or without reimbursement,
for the utilization by an exchange between them, singularly
or severally, of property, facilities, personnel and services of
each by the other, and, for the purpose, to enter into con-
tracts and cooperative agreements with eligible public or
private state and local authorities, institutions, organizations
or activities under such rules and regulations as maybe
adopted by the Department for this purpose upon the recom-
mendation of the Superintendent of Public Instruction.

(10) Accounting system.

The Division of Property Utilization shall use such an ac-
ceptable accounting system, approved by the Superintendent
of Public Instruction, as will show estimated amount of prov—
erty and possession at all times, where it is located, distribu-
tion and such other items as may be required by his approval.

(11) Prepare such rules and regulations.

The Division of Property Utilization shall prepare such rules
and regulations as will be recommended by the Superin-
tendent of Public Instruction for approval of this Board g0"-
erning terms of payment of fees, conditions of deliveries and
such other regulations governing procedures and Opel‘ati‘lll'of
the Division as may be necessary to conform to the pohcrcs
and regulations adopted by this Board for the use and g0“
ernment of the activities of the Division. of Property Utiliza-
tion.

27.030. Certification of Eligibles.

(1) The Division of Property Utilization shall obtain, and
retain in the office files, copies of tax-exemption. certification
(Section 101(6) of the 1939 Internal Revenue Code, 01' Secthil
501(c)(3) of the 1954 Internal Revenue Code) from all Prl‘
vate and non—profit health and educational institutions.

(2) Director determination of eligibility. .
The Director of the Division of Property Utilization shall “"1111
the guidance of the Department of Health, Education and
lVelfarc make the final detern'iination of eligibilit.V based
upon the recommendation of the State Department of Health,
the State Department of Education, the State Civil 136.3159
Director or other recognized accrediting board 01‘ 21850913151011
on a regional, state or national level.

1152

 

271

 

 .gularly 0" 27.040. Obligations of Donees Regarding Use and Disposal of

 

Effnfenlt’ Surplus Personal Property for Health & Education.
ser‘igezlolf (1) Use of property.

into 0011- Such property shall be used only for the education, public
public or health purpose for which acquired, including research for any
:anizations such purpose, and for no other purpose.
s may be (2) Use for the purpose for which acquired.
the recom— Such property shall be placed in the use for the purpose for
:tion. Which acquired no later than twelve months after acquisition

thereof. In the event such property is not placed in use within

.ch an ac- twelve months of receipt, the donec, within 30 days after the
rintendent expiration of the twelve—month period, shall notify the Divi-
Lt of prop— S1011 of Property Utilization in writing. Title and right to the
7 distribu- possession of such property not so placed in use within the
approval abovementioncd period shall, at the option of the Division,

revert to the United States of America, and upon demand the
donee shall release such property to such person as the Divi-

_ S . .
such 1111c Sion shall direct.

Superin-
ioard gov-
veries and
eration of
Le policies

(3) Period of restriction.

There shall be a period of restriction which will expire after

such property has been used for the purpose for which ac—
, quired. The length of time varies with the types 0f PTOPCTW

and disposal or retransfer may be made only upon recom—

and gOV- . . . . .
mendation and approval of the Div1s10n Director.

:37 Utiliza-
(4) During the period of restriction.

During the period of restriction the donee shall not sell, trade,
lease, lend, bail, encumber, or otherwise dispose of such prop-

)tain, and ' . , .
erty or remove 1t for use outsule the State Without prior

 

> ‘ ' .' 11
3:12:31; written approval of the Division of Property Utilization. Any
m 2,11 pri— sale, trade, lease, loan, bailment, encumbrance, or other dis—
ions. D9331 0f the property, when such action is authorized by the
Division, shall be for the benefit and account of the United
. States of America and the net proceeds thereof shall be re-
311,311 Wlfll CGiVed and held in trust for the United States of America
than and and shall be paid promptly to the Department of Health, Edu-
li'yllbalsteli1 CatiOH, and \Velfare.
, a ,
i Deieiisc ('5) In the event such property is sold.
ssociatiou In the event such property is sold, traded, leased, loaned,

bailed, encumbered, or otherwise disposed of during the period
Of restriction without prior approval of the Division of Prop-

1153

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

erty Utilization, the donee, at the option of the Division, shall
be liable to the United States of America for the proceeds of
the disposal as determined by the Division.

(6) During the period of restriction.

If, during the period of restriction, property is no longer
suitable, usable or further needed by the donee for the pur-
pose for which acquired, the donee shall promptly notify the
Division and shall, as directed, either retransfer the property
to the Division or other donee as may be designated, or sell
the property at public sale. Such public sale shall be for the
benefit and account of the United States of America and the
net proceeds thereof shall be received and held in trust for the
United States of America and shall. be paid promptly to the
Department of Health, Education, and XVelfare.

(7) Option of the Director of the Division.

At the option of the Director of the Division, the donee may
abrogate the terms and conditions in sub paragraphs (1)
through (6) of the paragraph by payment of an amount as
determined by the Division in agreement with the Depart-
ment of H.E.VV. except property having an acquisition COSt
of $2500.00 or more, Which in such cases the Dept. of HEW.
designates the terms and conditions.

27.050. Obligations of Donees Regarding Use and Disposal of

Surplus Personal Property Donated for Civil Defense
Purposes.

(1) Certification as to eligibility.

Certification as to eligibility of local civil defense units shall
be recommended by the State Division of Civil Defense. {111d
approved by the Director of the Division of Property Ullhza‘
tion. Assignment of property to local civil defense units must
have prior approval by the State Civil Defense Director.
(2) Restriction is governed by regulations.

The period of restriction is governed by regulations cont
in Memorandum Agreement between the DBPal'tmen
Health, Education and \Velfare and the Federal Civil Defense
Administration. The State Division of Civil Defense 15 du‘
thorized under this memorandum to control compliaI}CG W1“:
disposal regulations on property having an vauisition cosf
of less than $2,500. Property having an acquisition _c