(a) States and governmental subrecipients. Real property, equipment,
supplies, and intangible property acquired or produced after July 1,
1993, by States and governmental subrecipients with JTPA funds shall be
governed by the definitions and property requirements in the DOL
regulations at 29 CFR part 97, except that prior approval by the
Department of Labor to acquire property is waived.
(b) Nongovernmental subrecipients. Except as provided in paragraph
(c) of this section, real and personal property, including intangible
property, acquired or produced after July 1, 1993, by nongovernmental
subrecipients with JTPA funds shall be governed by the definitions and
property management standards of OMB Circular A-110, as codified by
administrative regulations of the Department of Labor in 29 CFR Part 95,
except that prior approval by the Department of Labor to acquire
property is waived.
(c) Special provisions for property acquired under subgrants to
commercial organizations--(1) Scope. This paragraph (c) applies to real
and personal property other than supplies that are acquired or produced
after July 1, 1993, under a JTPA subgrant to a commercial organization.
(2) Property acquired by commercial subrecipients. Title to property
acquired or produced by a subrecipient that is a commercial organization
shall vest in the awarding agency, provided such agency is a
governmental entity or nongovernmental organization that is not a
commercial organization. Property so acquired or produced shall be
considered to be acquired or produced by the awarding agency and
paragraph (a) or (b) of this section, as appropriate, shall apply to
that property. If the awarding agency is also a commercial organization,
title shall vest in the higher level, non-commercial awarding agency
that made the subaward to the commercial subrecipient.
(3) Approval for acquisition. A subrecipient that is a commercial
organization shall not acquire property subject to this section without
the prior approval of the awarding agency.
(d) Notification to the Secretary of real property acquisitions.
Recipients shall notify the Secretary immediately upon acquisition of
real property with JTPA funds, including acquisitions by subrecipients.
Such notification shall include the location of the real property and
the Federal share percentage.
(e) Property procured before July 1, 1993. (1) Personal or real
property procured with JTPA funds or transferred from programs under the
Comprehensive Employment and Training Act must be used for purposes
authorized by the Act. Subject to the Secretary's rights to such
property, the Governor shall maintain accountability for property in
accordance with State procedures and the records retention requirements
of Sec. 627.460 of this part.
(2) The JTPA program must be reimbursed the fair market value of any
unneeded property retained by the Governor for use in a non-JTPA
program. The proceeds from the sale of any property or transfer of
property to a non-JTPA program must be used for purposes authorized
under the Act.
