(2) Procedure.—
(A) Consideration of needs and resources.—
In developing and implementing the state plan of operation, the relative needs and resources of all public agencies and other eligible institutions in the State shall be taken into consideration. The Administrator may consult with interested federal agencies to obtain their views concerning the administration and operation of this section.
(B) Publication and period for comment.—
The state plan of operation, and any major amendment to the plan, may not be filed with the Administrator until 60 days after general notice of the proposed plan or amendment has been published and interested persons have been given at least 30 days to submit comments.
(C) Certification.—
The chief executive officer of the State shall certify and submit the state plan of operation to the Administrator.
(3) Requirements.—
(A) State agency.— The state plan of operation shall include adequate assurance that the state agency has
(i) the necessary organizational and operational authority and capability including staff, facilities, and means and methods of financing; and
(ii) established procedures for accountability, internal and external audits, cooperative agreements, compliance and use reviews, equitable distribution and property disposal, determination of eligibility, and assistance through consultation with advisory bodies and public and private groups.
(B) Equitable distribution.—
The state plan of operation shall provide for fair and equitable distribution of property in the State based on the relative needs and resources of interested public agencies and other eligible institutions in the State and their abilities to use the property.
(C) Management control and accounting systems.—
The state plan of operation shall require, for donable property transferred under this section, that the state agency use management control and accounting systems of the same type as systems required by state law for state-owned property. However, with approval from the chief executive officer of the State, the state agency may elect to use other management control and accounting systems that are effective to govern the use, inventory control, accountability, and disposal of property under this section.
(D) Return and redistribution for non-use.— The state plan of operation shall require the state agency to provide for the return and redistribution of donable property if the property, while still usable, has not been placed in use for the purpose for which it was donated within one year of
donation or ceases to be used by the donee for that purpose within one year of being placed in use.
(E) Request by recipient.—
The state plan of operation shall require the state agency, to the extent practicable, to select property requested by a public agency or other eligible institution in the State and, if requested by the recipient, to arrange shipment of the property directly to the recipient.
(F) Service charges.—
If the state agency is authorized to assess and collect service charges from participating recipients to cover direct and reasonable indirect costs of its activities, the method of establishing the charges shall be set out in the state plan of operation. The charges shall be fair and equitable and shall be based on services the state agency performs, including screening, packing, crating, removal, and transportation.
(G) Terms, conditions, reservations, and restrictions.—
(i) In general.— The state plan of operation shall provide that the state agency
(I) may impose reasonable terms, conditions, reservations, and restrictions on the use of property to be donated under subsection (c); and
(II) shall impose reasonable terms, conditions, reservations, and restrictions on the use of a passenger motor vehicle and any item of property having a unit acquisition cost of $5,000 or more.
(ii) Special limitations.— If the Administrator finds that an item has characteristics that require special handling or use limitations, the Administrator may impose appropriate conditions on the
donation of the property.
(H) Unusable property.—
(i) Disposal.— The state plan of operation shall provide that surplus personal property which the state agency determines cannot be used by eligible recipients shall be disposed of
(I) subject to the disapproval of the Administrator within 30 days after notice to the Administrator, through transfer by the state agency to another state agency or through abandonment or destruction if the property has no commercial value or if the estimated cost of continued care and handling exceeds estimated proceeds from sale; or
(II) under this subtitle, on terms and conditions and in a manner the Administrator prescribes.
(ii) Proceeds from sale.— Notwithstanding subchapter IV of this chapter and section
702 of this title, the Administrator, from the proceeds of sale of property described in subsection (b), may reimburse the state agency for expenses that the Administrator considers appropriate for care and handling of the property.