Yes, 25 CFR 900.102 through 900.106 contains procedures for acquisition and donation of excess or surplus property to Indian Tribes or Tribal organizations.  These regulations govern 93-638 contracts, pursuant to the ISDEAA.  While FHWA TTP Agreements are not 93-638 contracts, FHWA looks to these regulations for guidance as applicable.

A Tribe that has entered into a Tribal Transportation Program Agreement with FHWA or a USDOT Self-Governance Agreement must also meet the following conditions before requesting a surplus property MOU:

• timely reporting for the previous two years;
• three years of single audits without unresolved findings; and
• an established property management system.

You can contact the Property Custodian to determine if a site visit to view the excess or surplus personal property is possible. 

Usually, the only cost to take custody of excess or surplus personal property is the shipping cost or costs associated with picking up the property.  The Tribe is responsible for all operation and maintenance costs.  There may also be costs associated with disposal or return of the property once the Tribe is finished using it, if title was not transferred to the Tribe.  Although rare, an agency that is transferring excess or surplus personal property may require a payment of some portion of the current value.

In addition to shipping costs, if a Tribe chooses to use a State Managed Personal Property Center instead of using GSAXcess.gov via FHWA, then the Tribe will be charged a processing fee (usually a percentage of the property’s value).       

If the Tribe has legal title to the property, the Tribe may sell it if it is no longer needed by the Tribe.  The intent of this arrangement is to acquire personal property that will support delivery of the TTP and increase the Tribe’s capacity to deliver transportation projects.  Excessive acquisition of property for quick sale is not the intent of the program and will impact FHWA’s ability to approve future acquisitions.

If the Tribe has title, the Tribe may dispose of the property subject to FAQ #9 above.

To obtain excess and surplus property listed on GSAXcess.gov, a Tribe should:

• Print the item’s description page for the Tribe’s records. (Once the property transfer is approved by FHWA, the item’s description page is no longer available on GSAXcess.gov.)
• Use the “Add to Cart” and “checkout” buttons on an item’s GSAXcess.gov description page.
• Submit the property request in the FHWA TTP Property Tracking System at the unique link provided to you by email after registering. Describe the property, the benefit and capacity building that the property will provide to activities under the FHWA TTP Agreement, and an indication of the entity that the Tribe prefers hold title to the property. This system will notify FHWA of the Tribe’s request and will produce a standard form FHWA-1363-T. The form will be sent to you by email.
• The FHWA-1363-T form must be signed by the Tribe’s property screener and a representative of the Tribe authorized to make financial commitments. The fully signed document should be sent to FHWA Tribal Coordinator for approval.
• Wait for FHWA to approve the property transfer on GSAXcess.gov. The Tribe should receive an email showing Ordering Agency Approval.  Note that FHWA has 10 days to make this approval or the transfer will be canceled automatically.
• The Tribe must wait for GSA to issue a property transfer order via SF-122. (The Tribe should receive an email with the transfer order attached.)  The Tribe may then contact the Property Custodian and arrange for pickup of the property.

To gain credentials allowing the screening of surplus and excess personal property, the Tribe will need to apply for an AAC and GSAXcess.gov account.  To begin the process, the Tribe must send a formal letter to the FHWA Tribal Transportation Coordinator (sponsoring Federal employee) requesting an AAC and GSAXcess.gov account.  A template for this letter can be found by registering for the FHWA TTP Property Tracking System.  The letter must include the following information for the Tribe:

• full name of each Tribal employee who will be designated as a property screener;
• email, telephone, fax, and address for each Tribal employee who will be designated as a property screener;
• full name, email, and title of the authorized signatory (person with authority to sign financial documents on behalf of the tribe);
• official name of Tribe;
• mailing and billing address;
• physical address for freight delivery (if not a formal street address – describe a location);
• name of FHWA Tribal Transportation Coordinator;
• a description of the Tribe’s personal property management system; and
• a copy of the Tribe’s property management policies showing controls that prevent unauthorized use, ensure proper use and maintenance, and describe disposal processes.

The FHWA Tribal Transportation Coordinator will send the request to the Property Officer at the FHWA HAMS.  The FHWA Property Officer will acquire an AAC for the Tribe and provide the six-digit code to the Tribal Coordinator.  The Tribal Coordinator will provide the Tribe’s letter and AAC code to the FHWA HAMS.  When the requested account is created, an automated email notification will be sent to the Tribal employee.

The FHWA can acquire excess or surplus personal property for an Indian Tribe only if the Tribe has demonstrated that the property is appropriate for use to support an activity authorized under the FHWA TTP Agreement.

The Tribe should put in place prudent measures to cover liability that may result from the use of acquired property.