---
kind: "section"
citation: "46 C.F.R. § 387.5"
title: "46"
number: "387.5"
heading: "Surplus property assignment recommendation."
url: "https://uscodex.org/cfr/46/387.5"
---

# §387.5. Surplus property assignment recommendation.


Before any assignment recommendation is submitted to the Disposal Agency by the Secretary the following conditions shall be met:

- (a) **The Secretary has received and approved an application for the property.**
- (b) The Applicant is able, willing, and authorized to assume immediate possession of the property and pay administrative expenses incidental to the conveyance (application preparation, documentation, legal and land transfer costs).
- (c) The Secretary, after consultation with the Secretary of Labor, has determined that the property to be conveyed is located in an area of serious economic disruption.
- (d) The Secretary, after consultation with the Secretary of Commerce, approves the PFRP as part of a necessary economic development program.
- (e) The Secretary determines that the application complies with the provisions of the National Environmental Policy Act of 1969 as prepared by the Disposal Agency.

## Notes

### Authority

Authority: Pub. L. 103-160, 107 stat. 1933 (40 U.S.C. 484 (q)).

### Source

Source: 60 FR 42467, Aug. 16, 1995; 60 FR 43720, Aug. 23, 1995, unless otherwise noted.