TRANSFER OF FACILITIES AND EQUIPMENT.

SEC. 3018. TRANSFER OF FACILITIES AND EQUIPMENT. Section 12 is amended by adding at the end the following new subsection: “(k) Transfer of Capital Asset.— “(1) Authorization.— If a recipient of assistance under this Act determines that facilities and equipment and other assets (including land) acquired, in whole or part, with such assistance are no longer needed for the purposes for which they were acquired, the Secretary may authorize the transfer of such assets to any public body to be used for any public purpose with no further obligation to the Federal Government. 105 STAT. 2109 “(2) Determinations.— The Secretary may authorize a transfer under paragraph (1) for any public purpose other than transit only if the Secretary first determines— “(A) that the asset being transferred will remain in public use for not less than 5 years after the date of the transfer; “(B) that there are no purposes eligible for assistance under this Act for which the asset should be used; “(C) the overall benefit of allowing the transfer outweighs the Federal Government interest in liquidation and return of the Federal financial interest in the asset, after consideration of fair market value and other factors; and “(D) that, in any case in which the asset is a facility or land, there is no interest in acquiring the asset for Federal use. The determination under subparagraph (D) shall be made through an appropriate screening or survey process. “(3) Documentation.— Determinations required by paragraph (2) shall be made, in writing, and snail include the rationale for such determinations. “(4) Relation to other provisions.— The provisions of this section shall be in addition to and not in lieu of any other provision of law governing use and disposition of facilities and equipment under an assistance agreement.”.