North Dakota Code 54-44-04.5 – Federal surplus property – Office of management and budget responsible for distribution – Powers and duties of director
1. The office of management and budget is responsible for the fair and equitable distribution, through donation, of all federal surplus property transferred to the state in accordance with the Federal Property and Administrative Services Act of 1949, as amended [63 Stat. 378; 40 U.S.C. § 484(j)], hereinafter referred to as the federal Act.
Terms Used In North Dakota Code 54-44-04.5
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. The director of the office of management and budget, or the director’s designee:
a. May receive, investigate, and make recommendations on applications for federal surplus property available under the federal Act.
b. May acquire any federal surplus property transferred to the state under the federal Act.
c. May distribute any federal surplus property pursuant to the federal Act to:
(1) Any public agency for use in carrying out or promoting for the residents of a given political subdivision one or more public purposes; or
(2) Nonprofit educational institutions, public health institutions, or organizations which are exempt from taxation under section 501 of the federal Internal Revenue Code, for purposes of education or public health or research for those purposes.
d. May store the federal surplus property.
e. Shall develop, submit, and implement a state plan of operation for distribution of federal surplus property and comply with the federal Act and rules and regulations adopted thereunder. Provided, the director may continue the state plan of operation developed by the department of public instruction.
f. May cooperate and enter into agreements with other surplus property agencies and federal agencies to screen and acquire surplus property and exchange property, facilities, personnel, and services.
g. May provide information and assistance for acquiring federal surplus property to entities listed in subdivision c.
h. May assess and collect service charges from participating recipients to cover direct and reasonable cost of services under this section. The service charges must be deposited with the state treasurer in a surplus property special fund and used pursuant to the federal Act. The state treasurer shall credit all interest earned to the fund if the director requests the state treasurer to invest portions of the fund.
i. Adopt rules and take other action necessary to distribute federal surplus property pursuant to the federal Act.
3. The director of the office of management and budget or the director’s designee may purchase available federal property under applicable federal property management regulations for distribution according to this section.