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(2) Except for emergency meetings, notice of advisory committee or subcommittee meetings must be published in the FEDERAL REGISTER at least 15 days prior to the meeting. If a meeting is called and must be held without 15 days' notice, the reasons for failure to give the full 15-day notice must be included in the FEDERAL REGISTER notice.

(b) All notices, including those for emergency meetings, must state:

(1) The name of the advisory committee;

(2) The date, time, and place of the meeting;

(3) The purpose of the meeting, including a summary of the agenda;

(4) The extent to which the public will be permitted to attend or participate in the meeting;

(5) The reasons for closing any portion of the meeting, including the appropriate exemption from the Government in the Sunshine Act, 5 U.S.C. 552b(c); and

(6) Where records of the meeting, including a summary of any closed portion, are available for public inspection.

(c) If a meeting is postponed or canceled, a notice must be published in the FEDERAL REGISTER to inform the general public of the change.

(d) In addition to the notice of meeting published in the FEDERAL REGISTER, the Executive Director or DFO of each advisory committee shall maintain a list of persons and organizations who have requested to be notified of all meetings and notify them by mail in advance of each meeting. Other forms of notice, such as press releases and notices in professional journals, may be used by the Executive Director or DFO to the extent practicable.

(Authority: 5 U.S.C. App. 2; 5 U.S.C. 552b(c))

§ 11.34 What public participation is allowed at advisory committee meetings? (a) Subject to the exception in § 11.35, each advisory committee meeting must be open to the public, and interested persons must be permitted to attend, appear before, or file statements with the advisory committee in accordance with this section.

(b) With respect to any advisory committee meeting, all or part of

which is open to the public, the Executive Director or DFO of each committee shall ensure compliance with the following rules:

(1) Meetings must be held at reasonable times and at places that are reasonably accessible to members of the public. If feasible, Government facilities must be used and meetings held in places involving the least expense to the Government.

(2) The size of the meeting room must be reasonable, considering such factors as the number of committee members, committee staff, Department employees, and interested persons from the general public expected to attend.

(3) Any member of the public may file a written statement with the committee, either before or within a reasonable time after a meeting.

(4) If time permits and advance approval has been obtained from the Chairperson, Executive Director, or DFO, interested persons may present oral statements. If the Chairperson has given authorization, the committee may respond to questions from the public.

(5) The Chairperson or the designee of the Chairperson shall make a written request to the Secretary for approval of any meeting held outside the Washington, D.C. area and provide a narrative justificaton for the request. Before the meeting can be held, proper authorization must be given by the Secretary.

(Authority: 5 U.S.C. App. 2)

§ 11.35 What are the requirements for closing a meeting?

(a) All or part of an advisory committee meeting may be closed to the public if the Secretary determines in writing that closing is warranted under an exemption in the Government in the Sunshine Act.

(b) To request closing all of part of a meeting, the Chairperson or the Chairperson's designee shall make a written request to the Secretary at least 30 days before the date of the meeting, except in emergency circumstances. The request must contain the reasons for the closed meeting and the

Government in the Sunshine Act exemption that authorizes the closing.

(c) In requesting the closing of all or part of a meeting, the Chairperson or the designee of the Chairperson shall:

(1) Restrict the closing to the shortest reasonable time;

(2) Request closing only the portion of the meeting dealing with exempt matters if several separable matters will be considered, not all of which are within the exemptions; and

(3) Arrange the agenda to facilitate attendance by the public at the open portion of the meeting.

(d) Committee members, committee staff, and interested Department officials or employees may attend closed or partially closed meetings.

(e) Within 14 days after the closed or partially closed meeting, advisory committees shall make available to the public a written summary report of the closed deliberations consistent with the policy of the Government in the Sunshine Act.

(Authority: 5 U.S.C. App. 2; 5 U.S.C. 552b(c))

§ 11.36 What special procedures may be used for emergency advisory committee meetings?

(a) In emergency circumstances, the Secretary may permit a committee to conduct its business by a telephone conference call, under the procedures in this section.

(b) In determining whether conducting a meeting by telephone conference call is justified, the Secretary consid

ers:

(1) Whether the nature of the emergency is critical to the operation of the committee, but not sufficient to justify holding a regular meeting;

(2) Whether the meeting involves committee projects or assignments with very short deadlines requiring assistance from an advisory committee, and whether there is enough time to convene a regular meeting; and

(3) Whether the Secretary requires advice or important information from the committee, but the Department is under financial constraints that prevent the expenditure of Federal funds for the expenses of convening a regular meeting.

(c)(1) If an advisory committee calls an emergency meeting by telephone conference call, the committee Chairperson or the Chairperson's designee shall provide the Secretary with a written request for the meeting including a justification explaining the necessity and urgency for the meeting.

(2) The Secretary publishes a notice in the FEDERAL REGISTER informing the general public of the intent to have a meeting by telephone conference call. The notice specifies how the public will have access to the meeting. At a minimum, one participating member must be in a room with seating space for the public and telephonic devices that permit the public to hear and to participate in the deliberations to the extent provided by § 11.34.

(3) The Chairperson or the Chairperson's designee shall ensure that detailed minutes of the proceedings are accurately taken and filed in the committee's staff office and that the meeting complies with any other applicable laws and regulations.

(Authority: 5 U.S.C. App. 2)

§ 11.37 How is the agenda established and distributed?

(a) The Committee Chairperson or the Chairperson's designee shall distribute advance copies of a committee's agenda to committee members, Departmental officials, and interested individuals, groups or organizations at least two days prior to the date of the meeting.

(b) The agenda must include the matters to be discussed and considered at the meeting, and state whether any portion of the meeting is closed to the public.

(Authority: 5 U.S.C. App. 2)

§ 11.38 What records are kept of advisory committee meetings?

(a) The Chairperson or the Chairperson's designee shall ensure that an advisory committee keeps detailed minutes of each meeting, including meetings of subcommittees, unless a verbatim transcript is made of the meeting.

(b) The minutes must include:

(1) The date, time and place of the meeting;

(2) A list of committee members, committee staff, Federal employees, and an estimated number of the general public present at the meeting;

(3) A detailed summary of matters discussed at the meeting, including different positions taken and conclusions reached by the committee;

(4) Copies of all reports, papers, and other documents received, issued, or approved by the committee;

(5) An explanation of the extent to which the meeting was open to the public and the public participated in the proceedings; and

(6) A list of the public participants who presented oral or written statements.

(c) The Chairperson or Chairperson's designee shall ensure that minutes are completed within a reasonable time after the meeting. The Chairperson shall certify the accuracy of the minutes.

(d) A copy of the minutes must be kept on file by the advisory committee, and a copy must be sent to the Committee Management Officer.

(Authority: 5 U.S.C. App. 2)

§ 11.39 What reports are made by advisory committees?

(a) Each statutory and non-statutory advisory committee shall make an annual report of its activities, findings, and recommendations to the Congress not later than March 31, which is submitted with the Secretary's annual report to Congress. Each committee's annual report must cover committee activities for the preceding fiscal year. (b) Statutory advisory committees shall prepare reports that are mandated by their enabling legislation.

(c) Copies of all reports must be submitted to the Committee Management Officer.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233 et seq.)

811.40 What records must an advisory committee make available to the public?

(a) All records, reports, and other documents on advisory committees are available for public inspection and

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12.6

12.7

Notice of available property. Applications for surplus real property. 12.8 Assignment of surplus real property. 12.9 General disposal terms and conditions. 12.10 Compliance with the National Environmental Policy Act of 1969 and other related acts (environmental impact). 12.11 Special terms and conditions. 12.12 Utilization.

12.13 Form of conveyance.

12.14 Compliance inspections and reports. 12.15 Reports to Congress.

Exhibit A-Public Benefit Allowance for Transfer of Real Property for Educational Purposes

AUTHORITY: Sec. 203, 63 Stat. 385, as amended; 40 U.S.C. 484.

SOURCE: 45 FR 30820, May 9, 1980, unless otherwise noted.

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(a) Act means the Federal Property and Administrative Services Act of 1949, 63 Stat. 377 (40 U.S.C. 471 et seq.). Terms defined in the Act and not defined in this section have the meanings given to them in the Act.

(b) Accredited means having the approval of a recognized accreditation board or association on a regional, State, or national level, such as a State Board of Education, State University, or the Middle States Association of College and Secondary Schools. "Approval" as used above describes the formal process carried out by State Agencies and institutions in determining that educational organizations or programs meet minimum acceptance standards. A college, university, or sec

ondary school may be said to be accredited if the credits issued by it are and have been accepted for transfer purposes by no fewer than three accredited colleges, universities, or secondary schools not connected or associated with it.

(c) Administrator means the Administrator of General Services.

(d) Assigned property means real and related personal property which, in the discretion of the Administrator or his designee, has been made available to the Department for transfer for educational purposes.

(e) Department means the U.S. Department of Education.

(f) Disposal agency means the executive agency of the Government which has authority to assign property to the Department for transfer for educational purposes.

(g) Excess means any property under the control of any Federal agency which is not required for its needs and the discharge of its responsibilities, as determined by the head thereof.

(h) Fair market value means the highest price which the property will bring by sale in the open market by a willing seller to a willing buyer.

(i) Holding agency means the Federal agency which has control over and accountability for the property involved.

(j) Nonprofit institution means any institution, organization, or association, whether incorporated or unincorporated, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual, and which has been held to be tax-exempt under section 501(c)(3) of the Internal Revenue Code of 1954.

(k) Off-site property means surplus buildings, utilities and all other removable improvements, including related personal property, to be transferred by the Department for removal and use away from the site for educational purposes.

(1) On-site means surplus real property, including related personal property, to be transferred by the Department for use in place for educational purposes.

(m) Public benefit allowance means a discount on the sale or lease price of

real property transferred for educational purposes, representing any benefit determined by the Secretary which has accrued or may accrue to the United States thereby.

(n) Related personal property means any personal property: (1) Which is located on and is (i) an integral part of, or (ii) useful in the operation of real property; or (2) which is determined by the Administrator to be otherwise related to the real property.

(0) Secretary means the Secretary of Education.

(p) State means a State of the United States, and includes the District of Columbia, the Commonwealth of Puerto Rico, and the Territories and possessions of the United States.

(q) Surplus when used with respect to real property means any excess real property not required for the needs and the discharge of the responsibilities of all Federal agencies as determined by the Administrator.

§ 12.2 Scope.

This part is applicable to surplus real property located within any State which is appropriate for assignment to, or which has been assigned to, the Department for transfer for educational purposes, as provided for in section 203(k) of the Act.

§ 12.3 General policies.

(a) It is the policy of the Department to foster and assure maximum utilization of surplus real property for educational purposes, including research.

(b) Transfers may be made only to States, their political subdivisions and instrumentalities, tax-supported educational institutions, and nonprofit educational institutions which have been held tax-exempt under section 501(c)(3) of the Internal Revenue Code of 1954.

(c) Real property will be requested for assignment only when the Department has determined that the property is suitable and needed for educational purposes. The amount of real and related personal property to be transferred shall not exceed normal operating requirements of the applicant. Such property will not be re

quested for assignment unless it is needed at the time of application for educational purposes or will be so needed within the immediate or foreseeable future. Where construction or major renovation is not required or proposed, the property must be placed into use within twelve (12) months from the date of transfer. When construction or major renovation is contemplated at the time of transfer, the property must be placed in use within 36 months from the date of transfer. If the applicable time limitation is not met, the transferee shall either commence payments in cash to the Department for each month thereafter during which the proposed use has not been implemented or take such other action as set forth in § 12.12 as is deemed appropriate by the Department. Such monthly payments shall be computed on the basis of the current fair market value of the property at the time of the first payment by subtracting therefrom any portion of the purchase price paid in cash at the time of transfer, and by dividing the balance by the total number of months in the period of restriction. If the facility has not been placed into use within eight (8) years of the date of the deed, title to the property will be revested in the United States, or, at the discretion of the Department, the restrictions and conditions may be abrogated in accordance with § 12.9.

(d) Transfers will be made only after the applicant has certified that the proposed program is not in conflict with State or local zoning restrictions, building codes, or similar limitations.

(e) Organizations which may be eligible include those which provide elementary, secondary, post secondary, vocational, or specialized education, public library services, or similar programs which are primarily educational in character such as child development programs and adult education programs (including such programs for older Americans). Services which have as their principal purpose the providing of custodial or domiciliary care are not eligible. The property applied for must be for a purpose which the eligible organization is authorized to carry out.

(f) An applicant's plan of operation will not be approved unless it provides that the applicant will not discriminate because of race, color, sex, handicap, or national origin in the use of the property.

§ 12.4 Limitations.

(a) Surplus property transferred pursuant to this part will be disposed of on "as is, where is," basis without warranty of any kind.

(b) Unless excepted by the Administrator in his assignment, mineral rights will be conveyed together with the surface rights.

§ 12.5 Awards.

Where there is more than one applicant for the same property, it will be awarded to the applicant having a program of utilization which provides, in the opinion of the Department, the greatest public benefit. Where the property will serve more than one program, it will be apportioned to fit the needs of as many programs as is practicable.

§ 12.6 Notice of available property.

Reasonable publicity will be given to the availability of surplus real property which is suitable for assignment to the Department for transfer for educational uses. The Department will establish procedures reasonably calculated to afford all eligible users having a legitimate interest in acquiring the property for such uses an opportunity to make an application therefor. However, publicity need not be given to the availability of surplus real property which is occupied and being used for eligible educational purposes at the time the property is declared surplus, the occupant expresses interest in the property, and the Department determines that it has a continuing need therefor.

§ 12.7 Applications for surplus real property.

Applications for surplus real property for educational purposes shall be made to the Department in accordance with the notice of availability.

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