78TH CONG. , 2D SESS.-CH. 479-OCT. 3, 1944 tions, and shall determine on the basis of need what transfers shall be made. In formulating such regulations the Board shall be guided by the objectives of this Act and shall give effect to the following policies to the extent feasible and in the public interest: (1) (A) Surplus property that is appropriate for school, classroom, or other educational use may be sold or leased to the States and their political subdivisions and instrumentalities, and tax-supported educational institutions, and to other non- profit educational institutions which have been held exempt from taxation under section 101 (6) of the Internal Revenue Code. (B) Surplus medical supplies, equipment, and property suit- able for use in the protection of public health, including research, may be sold or leased to the States and their political subdivi- sions and instrumentalities, and to tax-supported medical insti- tutions, and to hospitals or other similar institutions not operated for profit which have been held exempt from taxation under section 101 (6) of the Internal Revenue Code. (C) In fixing the sale or lease value of property to be disposed of under subparagraph (A) and subparagraph (B) of this para- graph, the Board shall take into consideration any benefit which has accrued or may accrue to the United States from the use of such property by any such State, political subdivision, instru- mentality, or institution. (2) Surplus property shall be disposed of so as to afford public and governmental institutions, non-profit or tax-supported edu- cational institutions, charitable and eleemosynary institutions, non-profit or tax-supported hospitals and similar institutions, States, their political subdivisions and instrumentalities, and vol- unteer fire companies, an opportunity to fulfill, in the public interest, their legitimate needs. (b) Under regulations prescribed by the Board, whenever the Gov- ernment agency authorized to dispose of any property finds that it has no commercial value or that the cost of its care and handling and disposition would exceed the estimated proceeds, the agency may donate such property to any agency or institution supported by the Federal Government or any State or local government, or to any non- profit educational or charitable organization, or, if that is not feasi- ble, shall destroy or otherwise dispose of such property, but, except in the case of property the immediate destruction of which is neces- sary or desirable either because of the nature of the property or because of the expense or difficulty of its care and handling, no prop- erty shall be destroyed until thirty days after public notice of the proposed destruction thereof has been given (and a copy of such notice given to the Board at the beginning of such thirty-day period) and an attempt has been made within such thirty days to dispose of such property otherwise than by destruction. (c) No airport and no harbor or port terminal, including necessary operating equipment, shall be otherwise disposed of until it has first been offered, under regulations to be prescribed by the Board, for sale or lease to the State, political subdivision thereof, and any munic- ipality, in which it is situated, and to all municipalities in the vicinity thereof. (d) Whenever any State or political subdivision thereof, or any State or Government agency or instrumentality certifies to the Board that any power transmission line determined to be surplus property under the provisions of this Act is needful for or adaptable to the requirements of any public or cooperative power project, such line and the right-of-way acquired for its construction shall not be sold, Policies governing disposition. Property for educa- tional use. 53 Stat. 33. 26U. .C.5101(6). Surplus medical supplies, etc. 53 Stat. 33 . 26 u.s. C. § 101 (6). Considerations in fixing sale or lease value. Disposal to public institutions, etc., in public interest. Property of no com- mercial value. Donation or de- struction. Public notice or proposed destruction. Airports, harbors, and port terminals. Power transmission lines. 58 STAT.] 771
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