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Transfer of Federally Assisted Land or Facility


American Government

Transfer of Federally Assisted Land or Facility

Marisol Simón
Federal Transit Administration
Federal Register
March 18, 2011

[Federal Register: March 18, 2011 (Volume 76, Number 53)]
[Notices]               
[Page 15042-15043]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr11-151]                         

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

 
Transfer of Federally Assisted Land or Facility

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of intent to transfer Federally assisted land or 
facility.

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SUMMARY: Section 5334(h) of the Federal Transit Laws, as codified, 49 
U.S.C. 5301, et seq., permits the Administrator of the Federal Transit 
Administration (FTA) to authorize a recipient of FTA funds to transfer 
land or a facility to a public body for any public purpose with no 
further obligation to the Federal Government if, among other things, no 
Federal agency is interested in acquiring the asset for Federal use. 
Accordingly, FTA is issuing this Notice to advise Federal Agencies that 
the City of Terre Haute by and through its Board of Public Works 
intends to transfer a portion of a facility to Indiana State University 
for use as a parking garage for students, faculty and general public. 
The portion of the facility being transferred is located on land owned 
by Indiana State University Board of Trustees and leased to the City of 
Terre Haute under a forty (40) year ground lease dated January 1, 2006. 
The facility is located at 750 Cherry Street, Terre Haute, Indiana and 
is bounded on the west by 7th Street, on the east by 8th Street, on the 
north by Larry Bird Avenue and on the south by Cherry Street. It is 
taxed as one parcel  84-06-22-307-002.000-002 but is more 
specifically comprised of Lots 98, 99, 100, and part of Lots 118, 119, 
120 and 120 in Chauncey Rose's Addition to the Town (now city) of Terre 
Haute. The facility is located on the campus of Indiana State 
University and is adjacent to the Hulman Civic Center, a commercial 
office building housing State of Indiana Offices, Hilton Garden Inn and 
is one block north of the downtown Terre Haute area.
    The facility to be transferred is comprised of approximately Two-
hundred Twenty-eight Thousand (228,000) square feet of parking 
structure including Six Hundred Twenty-six (626) parking spaces. 
Construction material includes concrete with brick fa[ccedil]ade.
    The transfer does not include Eighteen Thousand Three Hundred 
(18,300) square feet on the east end of the structure occupied by the 
City of Terre Haute Transit Department.

DATES: Effective Date: Any Federal agency interested in acquiring the 
facility must notify the FTA Region V Office of its interest by April 
17, 2011.

ADDRESSES: Interested parties should notify the Regional Office by 
writing to Marisol R. Simon, Regional Administrator, Federal Transit 
Administration, 200 West Adams, Suite 320, Chicago, IL 60606.

FOR FURTHER INFORMATION CONTACT: Cecelia M. Comito, Regional Counsel, 
at 312-353-4118.

SUPPLEMENTARY INFORMATION:

Background

    49 U.S.C. 5334(h) provides guidance on the transfer of capital 
assets. Specifically, if a recipient of FTA assistance decides an asset 
acquired under this chapter at least in part with that assistance is no 
longer needed for the purpose for which it was acquired, the Secretary 
of Transportation may authorize the recipient to transfer the asset to 
a local governmental authority to be used for a public purpose with no 
further obligation to the Government. 49 U.S.C. 5334(h)(l).

Determinations

    The Secretary may authorize a transfer for a public purpose other 
than mass transportation only if the Secretary decides:
    (A) The asset will remain in public use for at least 5 years after 
the date the asset is transferred;
    (B) There is no purpose eligible for assistance under this chapter 
for which the asset should be used;
    (C) The overall benefit of allowing the transfer is greater than 
the interest of the Government in liquidation and return of the 
financial interest of the Government in the asset, after considering 
fair market value and other factors; and
    (D) Through an appropriate screening or survey process, that there 
is no interest in acquiring the asset for

[[Page 15043]]

Government use if the asset is a facility or land.

Federal Interest in Acquiring Land or Facility

    This document implements the requirements of 49 U.S.C. 
5334(h)(l)(D) of the Federal Transit Laws. Accordingly, FTA hereby 
provides notice of the availability of the land or facility further 
described below. Any Federal agency interested in acquiring the 
affected facility should promptly notify the FTA.
    If no Federal agency is interested in acquiring the existing 
facility, FTA will make certain that the other requirements specified 
in 49 U.S.C. 5334(h)(1)(A) through (C) are met before permitting the 
asset to be transferred.
    This facility was constructed as a multi modal transportation 
facility and commenced operation in 2008. It contains approximately Two 
Hundred Forty-six Thousand, Three Hundred (246,300) square feet of 
which Two Hundred Twenty-eight Thousand (228,000) is utilized for 
vehicular parking and Eighteen Thousand, Three Hundred (18,300) square 
feet are utilized by the City of Terre Haute Transit Department for 
operation of a bus transfer and office location.
    The land upon which the facility is located is leased by the City 
of Terre Haute by and through its Board of Public Works from Indiana 
State University under a forty (40) year ground lease. The City of 
Terre Haute will retain the transit portion of the facility until the 
lease expires.

    Issued on: March 8, 2011.
Marisol Sim[oacute]n,
Regional Administrator.
[FR Doc. 2011-6331 Filed 3-17-11; 8:45 am]
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