EXECUTIVE ORDER MJF 97-19

Federal Property Assistance Program


WHEREAS: Public Law 94-519, enacted on October 17, 1976, amended the Federal Property and Administrative Act of 1949, 40 U.S.C. 484 et seq., to permit the donation of federal surplus personal property to the states and local organizations for public purposes and for other purposes;

WHEREAS: the General Services Agency within the Executive Branch of the United States Government is the designated federal agency which allocates the surplus property among the states in a fair and equitable manner pursuant to criteria which are based on need and utilization;

WHEREAS: after the administrator of General Services transfers the surplus property to a designated state agency, the property is distributed by the state agency 1) to public agencies for use in carrying out or promoting for the residents of a given political area public purposes, which include conservation, economic development, education, parks and recreation, public health and public safety; and 2) to nonprofit educational or public health institutions or organizations, including medical institutions, hospitals, health clinics, schools, colleges, universities, schools for the mentally retarded or physically handicapped, child care centers, and certain radio and television stations;

WHEREAS: before any property may be transferred to a state agency by the administrator of General Services, the state shall develop, according to state law, a detailed plan of operation, developed in conformity with federal law, which includes adequate assurance for the federal government that the state agency has the "necessary organizational and operational authority and capability, including staff, facilities, means and methods of financing, and procedures with respect to: accountability, internal and external audits, cooperative agreements, compliance and utilization reviews, equitable distribution and property disposal, determination of eligibility, and assistance through consultation with advisory bodies and public and private groups";

WHEREAS: a permanent, revised plan of operation must be submitted to the administrator of General Services for approval in order that the state and/or state program may continue to qualify under Public Law 94-519; and

WHEREAS: in addition to the federal surplus personal property that may be transferred to the states pursuant to the Federal Property and Administrative Act of 1949, as amended, under 10 U.S.C. 2576 a, added by Public Law 104-181, the secretary of Defense may also transfer to federal and state agencies the personal property of the Department of Defense, including small arms and ammunition, which the secretary of Defense determines is excess to the needs of the Department of Defense, but suitable for use by state and federal agencies in law enforcement activities, such as counter-drug and counter-terrorism actions;

NOW THEREFORE I, M.J. "MIKE" FOSTER, JR., Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:

SECTION 1: The Louisiana Federal Property Assistance Agency is hereby renamed the Federal Property Assistance Program (hereafter "program").

SECTION 2: The program shall submit a revised Plan of Operation to the administrator of General Services for approval so that the state and/or the public agencies in the State of Louisiana may participate or continue to participate as donees under the Federal Property and Administrative Services Act of 1949, as amended.

SECTION 3: The program shall be the agency within the State of Louisiana that is responsible for carrying out the provisions of the Plan of Operation, as approved by the administrator of General Services, and the counter-drug program, as prescribed by the secretary of Defense.

SECTION 4: The program shall be a unit within the Louisiana Property Assistance Agency (hereafter "agency"), a section of the Division of Administration, within the Executive Branch, Office of the Governor. The program manager shall report to the commissioner of Administration, through the director of the agency.

SECTION 5: The director of the agency, acting through the program manager, shall possess all power and authority necessary to exercise and perform all the functions, duties, and responsibilities cited in both the revised Plan of Operation and the counter-drug program, so as to comply with all applicable state and federal laws and regulations.

SECTION 6: All departments, commissions, boards, agencies, and officers of the state, and any political subdivisions thereof, are authorized and directed to cooperate in the implementation of the provisions of this Order.

SECTION 7: Upon signature of the Governor, the provisions of this Order shall be retroactive to January 1, 1997 and shall continue in effect until amended, modified, terminated, or rescinded by the Governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of the State of Louisiana at the Capitol, in the City of Baton Rouge on this 17th day of March, 1997.

M.J. "Mike" Foster, Jr.
Governor

ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State