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PART 18 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOP... Page 19 of 38 <br />made by letter. <br />(3) A request by a subgrantee for prior approval will be addressed in writing to the grantee. The grantee <br />will promptly review such request and shall approve or disapprove the request in writing. A grantee will <br />not approve any budget or project revision which is inconsistent with the purpose or terms and conditions <br />of the Federal grant to the grantee. If the revision, requested by the subgrantee would result in a change to <br />the grantee's approved project which requires Federal prior approval, the grantee will obtain the Federal <br />agency's approval before approving the subgrantee's request. <br />Sec. 18.31 Real property. <br />(a) Title. Subject to the obligations and conditions set forth in this section, title to real property acquired under a <br />grant or subgrant will vest upon acquisition in the grantee or subgrantee respectively. <br />(b) Use. Except as otherwise provided by Federal statutes, real property will be used for the originally <br />authorized purposes as long as needed for that purposes, and the grantee or subgrantee shall not dispose of or <br />encumber its title or other interests. <br />(c) Disposition. When real property is no longer needed for the originally authorized purpose, the grantee or <br />subgrantee will request disposition instructions from the awarding agency. The instructions will provide for one <br />of the following alternatives: <br />(1) Retention of title. Retain title after compensating the awarding agency. The amount paid to the <br />awarding agency will be computed by applying the awarding agency's percentage of participation in the <br />cost of the original purchase to the fair market value of the property. However, in those situations where a <br />grantee or subgrantee is disposing of real property acquired with grant funds and acquiring replacement <br />real property under the same program, the net proceeds from the disposition may be used as an offset to <br />the cost of the replacement property. <br />(2) Sale of property. Sell the property and compensate the awarding agency. The amount due to the <br />awarding agency will be calculated by applying the awarding agency's percentage of participation in the <br />cost of the original purchase to the proceeds of the sale after deduction of any actual and reasonable <br />selling and fixing -up expenses. If the grant is still active, the net proceeds from sale may be offset against <br />the original cost of the property. When a grantee or subgrantee is directed to sell property, sales <br />procedures shall be followed that provide for competition to the extent practicable and result in the <br />highest possible return. <br />(3) Transfer of title. Transfer title to the awarding agency or to a third -party designated/approved by the <br />awarding agency. The grantee or subgrantee shall be paid an amount calculated by applying the grantee or <br />subgrantee's percentage of participation in the purchase of the real property to the current fair market <br />value of the property. <br />(d) If the conditions in 23 U.S.C. 103(e) (5), (6), or (7), as appropriate, are met and approval is given by the <br />Secretary, States shall not be required to repay the Highway Trust Fund for the cost of right -of -way and other <br />items when certain segments of the Interstate System are withdrawn. <br />[53 FR 8086 and 8087, Mar. 11, 1988, as amended at 53 FR 8087, Mar. 11, 1988] <br />Sec. 18.32 Equipment. <br />(a) Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a <br />grant or subgrant will vest upon acquisition in the grantee or subgrantee respectively. <br />http: / /www. dot .gov /ost/m60 /grant/49cfr18.htm 8/30/2012 <br />