P.R. Laws tit. 3, § 1656

2019-02-20 00:00:00+00
§ 1656. Eligibility as donee

(a) The Administration shall be responsible for the [determination of] eligibility of an applicant, whether it be a public agency or a nonprofit educational or health institution. The eligibility of a petitioner shall mean that he may participate in the federal program.

(b) Because of this responsibility, the Administration shall be in touch with and shall inform potential donees in Puerto Rico of the procedures for participating in the federal program, through letters, phone calls, conferences, bulletins, or any other effective means of communication of a similar nature. The Administration shall also establish an Advisory Board representing the interests of the public agencies and nonprofit educational or health institutions. Said Board shall meet every year, and its membership may be increased in order to respond, accordingly, to the interests of the potential donees in Puerto Rico. The Board shall also issue regular bulletins to inform potential donees of the federal program, and from whom they may request information regarding their needs and interest in specific property items, among others.

The Administrator shall establish, through regulations to this effect, the duties of the Board, criteria for the selection of members, their terms of office, and everything relating to the internal functions of same.

(c) The Administration shall prepare a list or registry of potential donees, using the standards in § 101-44.207 of the Federal Regulations. Said list or registry must include public agencies, specifying the public purpose carried out by towns or municipalities, and nonprofit tax-exempt educational and health institutions, stating the name of the institution and the reasons for its eligibility.

(d) In addition, the eligibility of the donee shall be subject to its filing the following with the Administration:

(1) Form (Application for Certification and Agreement) signed by an authorized agent or representative of the donee, accepting the terms, conditions and restrictions under which certain surplus federal property shall be transferred and donated.

(2) A written authorization signed by the head of the agency or director of the institution, or the resolution of the Board of Directors, designating one or more representatives to act for the applicant, pledge the necessary funds, or any other similar action.

(3) A declaration stating that the provisions of Title VI of the Civil Rights Act of 1964, of § 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended and § 504 of the Rehabilitation Act of 1973, as amended, are followed and accepted.

(4) The name, address and telephone number of the applicant, and a statement of its status as a public agency or nonprofit tax-exempt educational or health institution.

(5) A description of the programs, including the different functions and activities carried out by the donee.

(6) A list of the types and kinds of equipment, vehicles, machinery or any other items needed to carry out its functions and activities.

(7) Financial information to help in the evaluation of their respective needs and resources.

(8) Evidence of their tax exempt status.

(e) Every approval of eligibility granted by the Administration shall be reviewed and updated every three (3) years.

History —Mar. 26, 1979, No. 28, p. 65, § 6, retroactive to Oct. 17, 1977.